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1972/12/19City Hall, Anaheim, California COUNCIL MINUTES December 12, 1972, 1 :30 P.M. ADJOURNMENT: At the conclusion of executive session,and upon return of all Councilman to the Council Chambers, (with the exception of Councilman Stephenson) Councilman Thom moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 6 :20 P.M. Signed a`on )21• Deputy City Clerk 72 -843 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton ABSENT: COUNCILMEN: Stephenson PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Arthur Krebs of the First Congregational Church gave the Invocation. FLAG SALUTE: Councilman W. J. Thom led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the City Council Meetings held November 21 and 28, 1972, were approved on motion by Councilman Thom, seconded by Councilman Pebley. (Councilmen Dutton and Sneegas abstained from voting on Minutes of November 28, 1972, due to their absence). MOTION CARRIED. WAIVER OF READING ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,304,040.31, in accordance with the 1972 -73 Budget, were approved. FINAL MAP, TRACT NO. 7875 ENVIRONMENTAL IMPACT REPORT NO. 74.,: Developer, Calprop Corporation. Property located on the west side of Imperial Highway, south of Santa Ana Canyon Road and contains 80 R -2 zoned lots. Environmental Impact Report No. 74 with addendum concerning the al- ternative uses and Committee Analysis thereof, was submitted. On motion by Councilman Dutton, seconded by Councilman Thom, Envir- onmental Impact Report No. 74 and addendum thereto, was adopted as the State- ment of the City Council. MOTION CARRIED. 72 -844 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972 1 :30 P.M. FINAL MAP, TRACT NO. 7875 was approved as recommended by the City Engineer, on motion by Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED. PUBLIC HEARING HOUSEMOVING PERMITS: Public hearing was held on applications sub- mitted by Mr. James E. Grose, to move the following structures: chester, chester, chester, (a.) A 1800 square foot dwelling California, to 1595 East Santa Ana (b.) A 1890 square foot dwelling California, to 1601 East Santa Ana (c.) A 1986 square foot dwelling California, to 1605 East Santa Ana from 9921 La Tijera Street, West Street, Anaheim. from 7666 West 92nd Street, West Street, Anaheim. from 9221 Hastings Street, West Street, Anaheim. Should said permits be granted, Development Services Department recom- mends they be subject to the following conditions: 1. That the existing structure shall be brought up to the minimun standards of the City of Anaheim, including the uniform building, plumbing, el- ectrical, housing, mechanical and fire codes as adopted by the City of Anaheim. 2. That the existing structure be modified as may be required by the City Council. 3. That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the completion of the above, said bond to be posted at the time that the relocation permit is issued. Also submitted was letter from the Applicant advising of contact and approval of 11 residences together with a petition of approval containing an additional 26 signatures. The Mayor asked if anyone wished to address the Council. Mrs. Laura Domingus, 1523 South Santa Ana Street asked how long it would be before the move -ins are completed. She was advised that code provision and bonding provides a maximum of six months to complete the project. Mr. Grose reported that after Council approval, the site must be cleared, and with weather permitting, he would hope to have the project completed in ten weeks after the houses are placed on the lots including the installation of side- walks and curbs and repair to the street. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearings closed. Councilman Pebley offered Resolution Nos. 72R -588, 72R -589 and 72R -590 for adoption granting said housemoving permits as requested, subject to the rec- ommendations of the Development Service Department omitting therefrom Condition No. 2. Refer to Resolution Book. RESOLUTION NO. 72R -588: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO MR. JAMES E. GROSE, TO MOVE A DWELLING/BUILDING FROM 9921 LA TIJERA STREET, WESTCHESTER, CALIFORNIA, TO 1595 EAST SANTA ANA STREET, ANAHEIM, CALIFORNIA. RESOLUTION y0. 72R -589: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO MR. JAMES E. GROSE, TO MOVE A DWELLING /BUILDING FROM 7666 NEST 92ND STREET, WESTCHESTER, CALIFORNIA, TO 1601 EAST SANTA ANA STREET, ANAHEIM, CALIFORNIA. RESOLUTION NO. 72R -590: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO MR. JAMES E. GROSE, TO MOVE A DWELLING /BUILDING FROM 9221 HASTINGS STREET, WESTCHESTER, CALIFORNIA, TO 1605 EAST SANTA ANA STREET, ANAHEIM, CALIFORNIA. 72 -845 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution Nos. 72R -588, 72R -589 and 72R -590 duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. 72 -73 -26 AND CONDITIONAL USE PERMIT NO. 1355 ENVIRONMENTAL IMPACT REPORT NO. 51: Application submitted by Otis and Frances A. Brown, requesting a change of zone from R -A to C -0 to establish a real estate office in an existing residence located on the north side of Lincoln Avenue approximately 560 feet east of State College Boulevard (2225 East Lincoln Avenue) with waivers of: a. Minimum site area. b. Height of a block wall adjacent to a residential zone boundary. (Withdrawn) ENVIRONMENTAL IMPACT REPORT NO. 51: E.I.R. No. 51 together with Committee Analysis and City Planning Commission Resolution No. PC72 -310 were submitted. On motion by Councilman Pebley, seconded by Councilman Thom, it was the finding of the City Council that the project was trivial in nature and that no Statement of the Council is required. MOTION CARRIED. The City Planning Commission pursuant to Resolution No. PC72 -311, recommended said reclassification be approved subject to the following con- ditions: 1. That the owner(s) 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 Lincoln Avenue for street widening purposes. 2. That the sidewalks and curbs shall be repaired along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That all air conditioning facilities shall be properly shielded from view. That the existing structure shall be brought up to the minimum the City of Anaheim, including the Uniform Building, Plumbing, Housing, Mechanical, and Fire Codes as adopted by the City of 5. standards of Electrical, Anaheim. 6. property line. 7. That the vehicular access rights, except at street and /or alley openings, to Lincoln Avenue shall be dedicated to the City of Anaheim. 8. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Lincoln Avenue for street lighting purposes. 9. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15 cents per front foot along Lincoln Avenue for tree planting purposes. 10. That subject property shall be served by underground utilities. 11. That any parking area lighting proposed shall be down- lighting of a maximum height of 6 feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 12. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 7, 8, and 9, 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 completion of the exterior facade modifications shall be completed with six months from date of approval of this reclassifications. 14. That subject property shall be developed substantially in conformance with plans and specifications on file with the City of Anaheim That a 6 -foot masonry wall shall be constructed along the west 72 -846 City Hall.jinaheim. California COUNCIL MINUTES December 19. 1972. 1:30 P.M. marked Exhibit Nos. 1, 2, and 3 provided, however, that a 6 -foot masonry wall shall be constructed in conformance with Code requirements as stipulated to by the petitioner. 15. That Condition Nos. 2, 3, 4, 5, 6, 10, 11, and 14, above men- tioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission pursuant to Resolution No. PC72 -312 granted Conditional Use Permit No. 1355 subject to the following conditions: 1. That this conditional use permit is granted subject to the com- pletion of Reclassification No. 72- 73 -26, now pending. 2. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to issuance of a building permit. 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. Mr. Roberts noted the location of the property being immediately west of an existing parcel that has been converted from residential to commercial use and in summarizing the hearing before the City Planning Commission reported that the Applicant is requesting the same zoning as his neighbors (C -0). He advised that waiver (b) is no longer necessary as the Applicant has stipulated he will raise the height of the existing well along the west boundary to the required 6 feet; the rear of the property will be improved for parking and the front of the building will be modified to more closely resemble a commercial structure rather than a residential structure within six months from date of approval of the zoning. The Mayor asked if anyone wished to address the Council either for or against said application, there being no response, declared the hearing closed. RESOLUTION NO. 72R -591: Councilman Pebley offered Resolution No. 72R -591 for adoption authorizing preparation of necessary ordinance changing the zone as requested subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO 'ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72 -73 -26 C -0) Roll Call Vote: AYES: COUNCIIMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -591 duly passed and adopted. RESO JTTION NO. 72R -592: Councilman Pebley offered Resolution No. 72R -592 granting Conditional Use Permit No. 1355 waiver A subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1355, IN PART. Roll Call Vote: AYES: COUNCIIMEN: Sneegaa, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -592 duly passed and adopted. 72 -847 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. PUBLIC HEARING CONDITIONAL USE PERMIT NO. 1345 ENVIRONMENTAL IMPACT REPORT NO. 23 (TENTATIVE TRACT NO. 4001): Submitted by John M. Schlund et al to estab- lish a 221 -unit Planned Residential Development on property presently zoned R -A (Resolution of Intent to. R-3, 60- 61 -42) and located at the northeast corner of West Street and Orangewood Avenue with waivers of the following: a. Lot frontage b. Minimum building site area c. Minimum building site width d. Maximum building height within 150 feet of an R -A zone ENVIRONMENTAL IMPACT REPORT NO. 23: E.I.R. No. 23 and addendum together with Committee Analysis and City Planning Commission Resolution No. PC72 -303 was submitted recommending said E.I.R. be adopted as statement of the Council. On motion by Councilman Pebley, seconded by Councilman Dutton, E.I.R. No. 23 and Addendum was accepted and adopted as the statement of the Council. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1345: The City Planning Commission pursuant to Resolution No. PC72 -304 denied Conditional Use Permit No. 1345. Appeal from action taken by the City Planning Commission was filed by Mr. George D. Buccola, Developer, and public hearing scheduled. Mr. Roberts noted location of subject property comprising approx- imately 20 acres and that waivers (a), (b) and (c) are the typical waivers necessary for the small lot subdivisions. As to waiver (d) maximum building height within 150 feet of an R -A zone, Mr. Roberts explained that property to the north is presently zoned R -A however there is a resolution of intention on the property to reclassify it to the C -R zone, and property to the west and south in the City of Garden Grove are zoned R -1, however, that City does not have a similar height restric- tion. He advised that the density of the property is 14.73 units per net residential acre as calculated according to the Anaheim Municipal Code. Recognizing the R -3 zone would permit up to 36 units per net residential acre, Mr. Roberts explained that it was the feeling of the City Planning Commission that townhouse developments, or condominium developments, were not the same as an apartment development nor single family subdivisions and the amenities that should be provided should be in between the two types of development and that the densities that would derive a desirable living environment would be about 12 units per acre. As a result many developments in the city do not exceed the 12 -unit per acre figure. Mr. Roberts thereupon read the findingsof the City Planning Commission on which denial of the Conditional Use Permit was based; which was generally on the basis of density. Letter of protest was submitted and read, received from Ida and Joan Carey, owners of 73 acres immediately north of subject property. and read. Petition favoring said project containing 52 signatures was submitted Mr. George Buccola, 413 Cabrilla Terrace, Corona Del Mar, referred to his answers made to objections raised by the City Plaittiing Commission. He reported on plans revised as a result of meetings with the City Staff and stated they proposed to build a high quality project. In his opinion, the issue should not be how many units, but the quality of the development. Mr. Don Corbin, 4000 Westerly Boulevard, Newport Beach, representing Morris Lauerbach Architects presented a plot plan and rendering of a typical building. He advised that there will be no dedicated streets, that all traffic will either be owners or guests. He explained the details of the plan, noting the location of single -story and two -story buildings. 72 -848 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1 :30 P.M. Mr. Richard Havel, 2073 Eugene Street, Anaheim, east of subject property, addressed the Council in favor of the project. The Mayor asked if anyone else wished to address the Council either for or against the proposal. There being no response, declared the hearing closed. Discussion was held relative to fences along Orangewood and West Street designated on the plans which exceed the required 42 inches in height. It was noted said fences were proposed for privacy, sound buffering, and aesthetic reasons. RESOLUTION NO. 72R -593: Councilman Pebley offered Resolution No. 72R -593 granting Conditional Use Permit No. 1345 subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of tentative map of Tract 4001, Revision No. 1, and Reclassification No. 60- 61 -42. 2. That 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. 3. That covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions and restrictions shall be recorded concurrently with the final tract map. 4. 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 by -laws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other informa- tion as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 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 property shielded from view, and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 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, said 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 Anaheim marked Exhibit No. 1, Revision No. 1, and Exhibit Noo.2, 3, 4, 5 and 6, and that fences designated on said plans along West Street and Orangewood Avenue within the required setback exceeding 42 inches in height is hereby approved for sound buffering and aesthetics 11. That conditions nos. 2, 3, and 4 above mentioned shall be complied with prior to the introduction of an ordinance rezoning the property under re- classification no. 60- 61 -42. 12. That condition nos. 5, 6, 7, 8, 9, and 10 above mentioned shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1345. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -593 duly passed and adopted. 72 -849 City Hall. Anaheim. California COUNCIL MINUTES December 19. 1972. 1:30 P.M. TENTATIVE TRACT NO. 4001. REVISION NO. 1: Developer, Buccola Company, property located at the northeast corner of Orangewood Avenue and West Streets, and contains 221 proposed R -3 zoned lots. The City Planning Commission at their meeting held November 27, 1972, denied said tentative tract map on the basis of denying Conditional Use Permit No. 1345. On motion by Councilman Dutton, seconded by Councilman Pebley, Tentative Map, Tract No. 4001, Revision No. 1, was approved subject to the following conditions: 1. That the approval of tentative map of Tract No. 4001, Revision 1, is granted subject to the approval of Conditional Use Permit No. 1345 and the completion of Reclassification No. 60- 61 -42. 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 all lots within this tract shall be served by underground utilities. 4. That final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions shall be sub- mitted to and approved by the City Attorney's Office prior to the Council approval of the final tract map, and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 6. That prior to filing the final tract map the Applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens and the purchasers of the project. 7. That the 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, said fees to be paid at the time the building permit is issued. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. Councilman Thom voted "no MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Fred R. Cermak for dinner dancing place permit for the Coronado Lounge, 1274 South Magnolia Avenue, was withdrawn by the Applicant. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission their meeting held November 27, 1972, pertaining to the following applica- tions were submitted for City Council information and consideration: VARIANCE NO. 2441: Submitted by R. T. T. Jewett, Jr., to erect a chain link fence around an outdoor industrial use and storage area (outdoor dip tank) on M -1 zoned property on the west side of Lewis Street, South of Katelia Avenue, with waivers of: a. Permitted outdoor uses. b. Requirement for screening of outdoor uses by 6 foot masonry wall. The City Planning Commission pursuant to Resolution No. PC72 -295 granted said variance subject to conditions. ENVIRONMENTAL IMPACT REPORT (E7N<MPTION STATUS): The staff and City Planning Commission, pursuant to Aesolution PC72 295, recommend that exemption declaration status to Environmental Impact Report be granted. 72 -850 City Ball. Anaheim. California COUNCIL MINUTES December 19. 1972. 1 :30 P.M. On motion by Councilman Thera, seconded by Councilman Pebley, it was the finding of the City Council that the project would be trivial in nature and that no environmental impact report is required. MOTION CARRIED. No further action was taken on Variance No. 2441. VARIANCE NO. 2448 ENVIRONMENTAL IMPACT REPORT NO. 43: Submitted by R. C. Jewett and Dixie Stevens to permit a retail car care center on property presently zoned M -1 located on the south side of Katella Avenue, east of State College Boulevard, with waiver of: a. Permitted uses. City Planning Commission pursuant to Resolution No. 72PC -297 granted said variance subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 43: E.I.R. No. 43 was submitted together with Committee Analysis and City Planning Commission Resolution No. PC72 -296 recom- mending, due to the insignificant impact of the request upon the environment, that no statement be required. On motion by Councilman Pebley, seconded by Councilman Thom, it was the finding of the City Council that the impact would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. No. 2448. Councilman Thom requested public hearing be scheduled on Variance VARIANCE NO. 2450 ENVIRONMENTAL IMPACT REPORT NO. 62: Submitted by Steven Chemical Company to allow an outdoor industrial use and storage areas on property presently zoned M -1 located on the west side of Olive Street, north of La Palma Avenue with waivers of: a. Requirement of permanent structures b. Requirement that all manufacturing, processing, etc., be conducted wholly within a building. c. Enclosure of outdoor uses with a 6 foot solid masonry wall d. Minimum required landscaping adjacent to both a local street and secondary street. e. Improvement of required parking area. City Planning Commission pursuant to Resolution No. 72PC -299 granted said variance for a period of one year with option to request extension, subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 62: E.I.R. No. 62 was submitted together with Committee Analysis and City Planning Commission Resolution No. PC72 -298 recom- mending that said report be adopted as the Environmental Impact Statement of the City Council. E.I.R. No. 62 was accepted as statement of the City Council on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. No further action was taken on Variance No. 2450. VARIANCE NO. 2452 ENVIRONMENTAL IMPACT REPORT NO. 56: Submitted by Russell and Bettie Tucker to establish an auto service garage on property presently zoned C -2 located at the southeast corner of Anaheim Boulevard acid Mills Drive with waivers of: a. Permitted uses. b. Minimum parking area. City Planning Commission pursuant to Resolution No. 72PC -301 denied said variance. ENVIRONMENTAL IMPACT REPORT NO. 56: E.I.R. NO. 56 together with Committee Analysis and City Planning Commission Resolution No. PC72 -300 recommending City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. said report not be adopted as the environmental impact statement of the Council until an addendum has been submitted that will provide mitigating means of resolving adverse effects created by noise. No further action was taken on Variance No. 2452 and Environmental Impact Report No. 56. VARIANCE NO. 2456 ENVIRONMENTAL IMPACT REPORT NO. 50: Submitted by Dale Fowler to enclose an outdoor storage area with chain link fence on property presently zoned M -1 located on the north side of Coronado Street east of Jefferson Street, with waivers of: a. The required enclosure of outdoor storage areas. City Planning Commission pursuant to Resolution No. PC72 -314 granted said variance subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 50: E.I.R. No. 50, together with Committee Analysis and City Planning Commission Resolution No. PC72 -313 recommending that said report be adopted as the Environmental Impact Statement of the Council. E.I.R. No. 50 was accepted as the statement of the City Council on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. No further action was taken on Variance No. 2456. a. Minimum side yard setback. b. Minimum width of pedestrian accessway. c. Minimum vehicular turning radius (withdrawn). City Planning Commission pursuant to Resolution No. PC72 -316 granted in part (waivers a and b) said variance subject to conditions. 72 -851 VARIANCE NO. 2457 ENVIRONMENTAL IMPACT REPORT NO. 22: Submitted by Hans and Theresia Mahotka to construct a 4 -unit, two -story apartment complex on property presently zoned R -3, located on the west side of Illinois Street approximately 289 feet south of Lincoln Avenue, with waivers of: ENVIRONMENTAL IMPACT REPORT NO. 22: E.I.R. No. 22 was submitted together with Committee Analysis and City Planning Commission Resolution No. PC72 -315 recommending, due to the insignificant impact of the request upon the environ- ment, no statement be required. On motion by Councilman Thom, seconded by Councilman Sneegas, it was the finding of the City Council that the project would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. No further action was taken on Variance No. 2457. VARIANCE NO. 2458 ENVIRONMENTAL IMPACT REPORT NO. 52: Submitted by Humble Oil and Refining Company to erect three "self- serve" signs on property presently zoned C -2, located at the northwest corner of Lincoln Avenue and Euclid Street with waivers of: a. Maximum number of permitted free standing signs, (modified for one additional sign instead of three). b. Minimum height of a free standing sign (withdrawn). c. Minimum distance between free standing signs on the same parcel (withdrawn). d. Minimum distance of free standing sign from an abutting parcel (modified for one sign rather than three). The City Planning Commission pursuant to Resolution No. PC72 -318 granted said variance in part subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 52: E.I.R. No. 52 was submitted together with Committee Analysis and City Planning Commission Resolution No. PC72 -317 recommending, due to the insignificant impact of the request upon the environment, that no statement be required. 72 -852 City Hall. Anaheim. California COUNCIL MINUTES December 19. 1972, 1 :30 P.M. On motion by Councilman Thom, seconded by Councilman Sneegas, it was the finding of the City Council that the project would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. No further action was taken on Variance No. 2458. CONDITIONAL USE PERMIT NO. 1344 ENVIRONMENTAL IMPACT REPORT (EXEMPTION STATUS): Submitted by Columbus and Marie Walls to establish a boarding home for a maximum of six senior citizens in an existing single family residence located at the northwest corner of Lemon and Alberta Streets. The City Planning Commission pursuant to Resolution No. PC72 -302 granted said Conditional Use Permit for a period of two years subject to conditions. ENVIRONMENTAL IMPACT REPORT (EXEMPTION STATUS): City Planning Commission pur- suant to Resolution No. PC72 -302 recommended that an exemption declaration status be granted to proposal under Conditional Use Permit No. 1344. On motion by Councilman Thom, seconded by Councilman Pebley, it was the finding of the City Council that the project would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. No further action was taken on Conditional Use Permit No. 1344. CONDITIONAL USE PERMIT NO. 1354 ENVIRONMENTAL IMPACT REPORT NO. 47: Submitted by Burger Chef Systems Inc., to permit on -sale beer in conjunction with the serving of food in a proposed restaurant on property presently zoned C -1 located on the west side of Brookhurst Street south of Colchester Drive(827 South Brookhurst Street). The City Planning Commission pursuant to Resolution No. PC72 -306 granted said Conditional Use Permit subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 4': E.I.R. No. 47 was submitted together with Committee Analysis and City Plann Commission Resolution No. PC72 -305 recom- menting that due to the insignificant impact of the request upon the environ- ment, that no statement be required. On motion by Councilman Pebley, seconded by Councilman Sneegas, it was the finding of the City Council that the project would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. No further action was taken on Conditional Use Permit No. 1354. CONDIT ;OVAL USE PERMIT NO. 1356 ENVIRONMENTAL IMPACT REPORT NO. 53: Submitted by J. tarl Talcott to establish a private recreational facility in conjunction with a proposed medical arts office building on property presently zoned R -A lo- cated at the southeast corner of Euclid Street and Romneya Drive. City Planning Commission pursuant to Resolution No. PC72 -308 granted said conditional use permit subject to conditions. ENVIRONMENTAL IMPACT REPORT NO. 53: E.I.R. No. 53 was submitted together with Committee Analysis and City Planning Commission Resolution No. PC72 -307 recom- mending that said report and addendum be adopted as the environmental impact statement of the City Council. E.I.R. No. 53 was accepted as statement of the City Council on motion by Councilman Thom, seconded by Councilman Dutton. MOTION CARRIED. No further action was taken on Conditional Use Permit No. 1356. CONDITIONAL USE PERMIT NO. 1135 TERMINATION: At the request of the applicant, City Planning Commission pursuant to Resolution No. PC72 -309 recommended termina- tion of Conditional Use Permit No. 1135 for two 190 -foot high one -story office structures to be located at the southeast corner of Euclid Street and Romneya Drive, as development of the property will now be in accordance with Conditional Use Permit No. 1356. Roll Call Vote: City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. RESOLUTION NO. 72R -594: Councilman Thom offered Resolution No. 72R -594 for adoption terminating Conditional Use Permit No. 1135. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING CONDITIONAL USE PERMIT NO. 1135. AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson 72 -853 The Mayor declared Resolution No. 72R -594 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1131 EXTENSION OF TIME: One year extension of time to expire October 20, 1973 was granted by the City Planning Commission on Conditional Use Permit No. 1131 to permit outside storage of building materials on property presently zoned M -1 located at the northeast corner of Broadway and Loara Street. No further action was taken by the City Council. CONDITIONAL USE PERMIT NO. 1063 EXTENSION OF TIME: One year extension of time to expire October 29, 1973 was granted by the City Planning Commission on Conditional Use Permit No. 1063 to establish a hall for variety shows, lectures, meetings, dances, etc., with an on sale liquor establishment in an existing structure on property presently zoned R -A, located on the north side of Katella Avenue west of the Katella Avenue -Santa Ana Freeway overcrossing. No further action was taken by the City Council. TENTATIVE TRACT NO. 8079: Developer Cabot Forbes, property located at the south- east corner of Romneya Drive and Euclid Street and contains 1 proposed C -1 zoned lot (Conditional Use Permit No. 1356 Reclassification No. 69- 70 -17). On motion by Councilman Pebley, seconded by Councilman Thom, Tentative Tract No. 8079 was approved as recommended by the City Planning Commission subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8079 is granted subject to approval of Reclassification No. 69 -70 -17 and Conditional Use Permit No. 1356. 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 all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That 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. 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 manage- ment, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 7. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 8. That a 15 -foot radius property line return shall be provided at the southeast corner of Euclid Street and Romneya Drive. 72 -854 City Hall, Anaheim. California COUNCIL MINUTES December 19, 1972, 1 :30 P.M. 9. That the developer of Tract No. 8079 shall obtain certification from a landscape architect or qualified horticulturist that the grading re- quired to construct curb and gutter at 14 feet south of the Romneya Drive centerline as proposed will not damage the existing Canary Island Palm trees along Romneya Drive. 10. That the landscaped median proposed in Romneya Drive at Euclid Street shall be constructed in accordance with the requirements of the Traffic Engineer. MOTION CARRIED. FINAL MAP TACT NO. 6931: Developer, Sunburst Development Company. Property is located on the east side of Sunkist Street north of Bali Road and contains 40 RS -5000 zoned lots. Final map of Tract No. 6931 was submitted together with report and recommendations of the City Engineer that said map be approved subject to the approval of the City Attorney of a method to guarantee construction of tract improvements to be filed in the Office of the City Clerk. Final map of Tract No. 6931 was approved subject to the recommenda- tions of the City Engineer on motion by Councilman Dutton, seconded by Councilman Pebley. MOTION CARRIED. FINAL MAP TRACT NO. 7932: Developer, Sunburst at the southwest corner of Sunkist Street zoned lots. Final map of Tract No. 7932 was recommendations of the City Engineer that approval of the City Attorney of a method improvements to be filed in the Office of Development Company, property located and Wagner Avenue and contains 9 R -1 submitted together with report and said map be approved subject to the of guaranteeing construction of tract the City Clerk. On motion by Councilman Pebley, seconded by Councilman Sneegas, final map Tract No. 7932 was approved subject to the recommendations of the City Engineer. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1359: Mr. Roberts reported on request for exemption status filed in conjunction with Conditional Use Permit No. 1359 which is to construct a 10 -story high addition to the Hyatt House located at the southwest corner of Freedman Way and Harbor Boulevard (formerly Charter House), and also requesting waiver to the parking requirements (575 spaces required 160 to 170 less than requirements proposed). He advised that since the City Council are the only ones that can grant an exemption status, and since the City Planning Commission felt that the effect of the waiver of the parking requirements on the Disneyland area should be explored, and that an environmental impact report should be required because of the magnitude of the proposed expansion, the City Planning Commission is asking that the City Council make a determination whether an exemption status should be granted and has continued the public hearing on Conditional Use Permit No. 1359 for two weeks for Council's decision. Discussion was held by the City Council, and regarding the parking requirements, Councilman Pebley felt if insufficient parking existed,and in order to retain their business,they would be required to build a parking structure. It was noted also that many of the visitors to the area arrive by plane. Councilman Sneegas was of the opinion that in this matter the Council was faced with precedent rather than the issue,and requested a ruling from the City Attorney as to the law. Mr. Geisler reported that according to the ruling adopted by the City Council, projects of a similar magnitude would be permitted; anything allowed by right in the C -R zone would not need an environmental impact report if it required only a building permit. He noted the issue before the Council does require a variance for parking and perhaps a conditional use permit for height. He stated that parking could have a serious impact on the area however the impact would be considered with the variance. 72 -855 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. Mr. Roberts reported that the proposed addition would not violate the height standards adopted for the area. At the conclusion of the discussion, on motion by Councilman Dutton, seconded by Councilman Pebley, it was the finding of the City Council that the project proposed under Conditional Use Permit No. 1359 does not have a sig- nificant impact on the environment and is in fact, trivial, because of the type of environment activities and construction in the area and on the property in question and that no environmental impact report need be made and an exemption status is hereby granted. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT MORATORIUM: Mr. Geisler reported on Assembly Bill 889 which was passed as an urgency measure by the legislature December 5, 1972. He stated that the bill does not involve building permits or any permit of any kind that are issued in accordance with existing rules and regulations without discretion. It does, however, create a moratorium of 120 days during which no environmental impact report need be made on discretionary items before the City Council such as variances, conditional use permits, zoning actions, etc. During the 120 day period Mr. Geisler stated that within 60 days the State will establish state -wide standards which will be adjusted and adopted by Cities and Counties within another 60 days. He reported that in the interim period the City Council may do the following: 1. The Council may do nothing within the 120 days; that is not require any environmental impact report,nor act on any environmental impact report. 2. You may permit the filing of environmental impact reports on a voluntary basis and proceed with those presently filed. 3. You may, by ordinance, require an environmental impact report from all applicants. At the conclusion of the discussion and on the recommendation of the City Attorney and Development Services Staff., it was moved by Councilman Pebley, seconded by Councilman Sneegas, that filing of environmental impact reports on a voluntary basis during the moratorium period be permitted. MOTION CARRIED. RESOLUTION NO. 72R -595: Councilman Dutton offered Resolution No. 72R -595 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE MAGNOLIA AVENUE LA PAIMA AVENUE STREET AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 650 -B AND 660 -B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC., AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened January 11, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -595 duly passed and adopted. RESOLUTION NO. 72R -596: Councilman Dutton offered Resolution No. 72R -596 for adoption. Refer to Resolution Book. 72 -856 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE ORANGE AVENUE STREET AND STORM DRAIN IMPROVEMENT, FROM BEACH BOULEVARD TO WEST CITY LIMITS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 658 -B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTH- ORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC., AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened January 11, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Refer to Resolution Book. Roll Call Vote: AYES: COUNCILMAN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Mr. Murdoch further reported from Cypress Junior College to use the $600.00 per year. He reported that it Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 72R -596 duly passed and adopted. RESOLUTION NO. 72R- 597: Councilman Pebley offered Resolution No. 72R -597 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Bryan Investment Co.; August Viljak Leontine Viljak) Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 72R -597 duly passed and adopted. LEASE PURCHASE TAYLOR Mr. Murdoch presented for further consideration the lease purchase agreement with the firm of Taylor -Dunn which was previously authorized for the purchase of 22 golf carts to be used at the Anaheim Hills Golf Course. He advised that at the time the proposal was originally considered it was his understanding that the contract was a conditional lease, not requiring purchase at the end of the time. He stated that Taylor -Dunn insists on the pur- chase at the end of the time and that this was not contrary to the City's intent, but was contrary to his response to Council when the proposal was initially presented. Mr. Murdoch reviewed the terms of the agreement and discussion followed. At the conclusion of the discussion, on motion by Councilman Pebley, seconded by Councilman Dutton, rather than exercise the lease purchase agreement, total purchase of the 22 golf carts from Taylor -Dunn for the sum of $24,887.50 plus tax was authorized to be made at this time. To this motion Councilman Thom voted "no MOTION CARRIED. TRANSFER OF FUNDS: On motion by Councilman Pebley, seconded by Councilman Dutton, transfer of $24,887.50 plus 5% sales tax from the Council Contingency Fund to purchase golf carts for the Anaheim Hills Golf Course was authorized. To this motion Councilman Thom voted "no MOTION CARRIED. REQUEST ANAHEIM HIGH SCHOOL DISTRICT CYPRESS JUNIOR COLLEGE USE OF CITY GOLF COURSES: Mr. Murdoch reported on request received from Anaheim High School District to continue the use of Anaheim Municipal Golf Course and to use Anaheim Hills Golf Course for their golf teams which would serve Anaheim, Katella, Kennedy, Loara, Magnolia, Savanna and Western High Schools. He stated that the fee of $1,000.00 for the district would be the same as last year. that a request has also been received Anaheim Hills Golf Course for a fee of was very likely that the Orange Unified 72 861 City Hall, Anaheim California COUNCIL MINUTES December 19, 1972, 1:30 P.M. Mr. Murdoch advised that a water system that will do the job can be designed at any number of different price levels. He gave as an example a difference of opinion between the City and Willdan Engineering in the size of a reservoir in one of the areas -in the Santa Ana Canyon. Another, where the engineer for the developer wanted to design a systel► with pumping rather than reservoir. He agreed pumping would be less costly to the developer, but a closed system would be more costly to the City for firefighting. He stated that there were differences in'`philosophy in the basic design and the question is, are you concerned with the initial costs which the developer pays, or the ultimate costs, which the consumer pays. Councilman Thom felt a criteria such as a 50 -year life expectancy, or a 100 -year life expectancy could be established, and the developers engineer required to design accordingly. Mr. Hoyt advised that in truth it takes as much time and effort to do a detailed check of a drawing as it does to design the system in the first place. He gave, as an example, the design control exercised during the con- struction of the Lenain Filtration Plant. Mr. Murdoch reported that there is nothing in the proposed resolution recommended for adoption that has been referred to by Mr. Stookey; that there is no requirement that the City do the designing. The letter referred to from the Water Superintendent was simply his intent and desire to have the control of the engineering design. Mr. Stookey advised that the letter to them from Mr. Sears implies that Rule 15 changes the situation. (letter read in full later in the meeting not filed for the record) He agreed with the position taken by Mr. Hoyt; the City must have control and the system must be built to the City standards, however, he felt the design could be by private engineers subject to City approval. RESOLUTION: Councilman Sneegas offered the recommended resolution for adop- tion. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FIXING WATER SERVICE CONNECTION, METER INSTALLATION CHARGES, WATER MAIN EXTENSION CHARGES, AND FIXING RATES FOR WATER FURNISHED TO CONSUMERS AND FOR ALL SERVICES RENDERED IN CONNECTION THEREWITH, AND SUPERSEDING RESOLUTION NO. 71R -279. Roll Call Vote: AYES: COUNCILMEN: Sneegas and Dutton NOES: COUNCILMEN: Pebley and Thom ABSENT: COUNCILMEN: Stephenson The above resolution failed to carry. Further discussion was held and Councilman Thom suggested that a provision be added to the resolution reading "that the developer be allowed to design, construct, and dedicate primary distribution mains according to Utility standards and subject to Utility approval and inspection Mr. Geisler asked, by adding the suggested provision, was it the Council's intent to have the provisions apply just the hill and canyon area, or the entire city? Was the small developer who now has his plans designed by the City now required to employ an outside engineering firm to design his plans? Mr. Thom suggested it be designated to apply only to the Anaheim Hills area if this could be done without being descriminatory. He stated his concern was the adding to the City staff, or by contract adding work a developer could do at no cost to the City. Mr. Sears reported that costs of.a private consulting firm contracted by the City of Anaheim for the design of the reservoirs would become a part of the special facilities charged which would be assessed to the developers in the area. 72R -862 City Hall. Anaheim. California COUNCIL MINUTES December 19. 1972. 1 :30 P.M. Mr. Geisler advised that the resolution which is recommended for adoption does not contain anything in connection with who does the engineering. He stated the letter reflects the Department Policy and if this is not the Policy the City Council wishes to be followed, suggested the Council direct the Water Division to use the developers' engineers to the fullest extent possible. Mr. Murdoch cautioned that the City must be careful as to what the aims and goals are. He felt there was a definite place for both City Engineering and private outside engineering. Mr. Dutton was of the opinion that it was critical that the resolution which contains Rule 15 be adopted at this time. He felt the suggested policy should be deferred until there has been an opportunity to review the agreements between the City and the Nohl Ranch. Mr. Hoyt requested an opportunity to prepare a case of the type of expenditures that might be involved. !ESO TION NO. 72R -600: Councilman Sneegas again offered Resolution No. 72R -600 for a •.tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF ANAHEIM FIXING WATER SERVICE CONNECTION, METER INSTALLATION CHARGES, WATER MAIN EXTENSION CHARGES, AND FIXING RATES FOR WATER FURNISHED TO CONSUMERS AND FOR ALL SERVICES RENDERED IN CONNECTION THEREWITH, AND SUPERSEDING RESOLUTION NO. 71R -279. Roll Call Vote: AYES: COUNCIIMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -600 duly passed and adopted. It was agreed that the subject pertaining to engineering responsi- bilities and costs would be scheduled for further Council consideration as soon as possible. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Pebley. a. Before the Public Utilities Commission Case No. 9454: Notice of hearing on rules governing construction and maintenance of railroad crossings at grade. b. City of Stanton Resolution No. 1094 relative to modifying current tax assessment practices. c. Cultural Arts Commission Minutes of November 13, 1972. d. Financial and Operating Report Building Division, Month of November 1972. MOTION CARRIED. TAX SALE NO. 1141: On motion by Councilman Dutton, seconded by. Councilman Sneegas, consent was given to tax sale No. 1141. MOTION CARRIED. ORDINANCE N0. 3110: Councilman Dutton offered Ordinance No. 3110 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70 -71- 13(2) R -2) Roll Call Vote: 72 -859 City Hall. Anaheim. California COUNCIL MINUTES December 19 1972. 1:30 P.M. 4. Section A.5 has been revised to assure that each developer pays his proportionate share of the secondary distribution system as they pertain to half streets and secondary distribution main extensions across undeveloped land. RULE 16, SERVICE CONNECTIONS: Increased fees for 5/8" x 3/4" through 2" service connections installed by the Water Division as a result of different piping material to be used. RULE 20, FIRE PROTECTION: The addition of a more equitable charge for fire hydrants installed on primary distribution system, as this charge has been removed from the water main extension fees. Mr. Murdoch reported that the proposed changes have been studied over a long period of time and that representatives of the BIA (Building Industry Association) and those developers particularly active in the area have had this information on the proposed changes for a long time. Mr. Murdoch advised it was very important economically to adopt the recommended changes at this time so that new development pay a rate that cover present day costs. Reference was made to a letter received this date from Anaheim Hills relative to a possible conflict between some of the provisions of Rule 15 and agreements between the City and Louis Nohl pertaining to serving water to the Nohl Ranch property. Mr. Murdoch further reported that there may be some changes required by the City Attorney in the wording contained in the recommended rules and regulations, however, if the City Council is satisfied with the concept and philosophy, any changes made can be made as an amendment, and after further review of the agreements entered into between the City and Louis Nohl. Mr. Hoyt reported that there was really very little change in that all of the existing rates, rules, regulations, policies and practices of the water utilities are now being placed into the one document. He stated the main changes were the addition of costs pertaining to temporary service and Rule 15 covering water main extensions which takes into account the difference in costs for different types of areas. Mr. Hoyt stated the most significant change is a procedure of handling hill and canyon development. With the aid of a map (general master plan of the high water elevations system) posted on the east wall of the Council chambers, the 900 feet, 1100 feet and 1300 feet elevation zones were identified indicating those areas requiring water be pumped. Mr. Hoyt advised that the general master plan was developed with the assistance of Willdan Engineers (Engineers for Anaheim Hills Development) and the City of Orange so that ultimate'development of the entire region will be compatible. As to the cost of "special facilities" such as pump facilities, storage tanks, etc., the total cost of these facilities are to be estimated and with the total acreage to be served by these facilities an acreage cost, or special facilities charge, will be established. Recognizing the first developer or developers may pay more money for special facilities to open an area, Mr. Hoyt advised that as each succeeding developer pays his share, the initial developer will be reimbursed and will recover his investment in a 20 -year period. Regarding Section A.4.b Mr. Hoyt reported that it is recommended the City participate in water main extension for the first 500 feet and if the developer wishes to leapfrog beyond 500 feet to reach a development site it would be at his expense to be recovered over a 10 -year period. Mr. Hoyt reported that the recommended increase in service connection fees is due to a change in materials involved in the connections from the main to the meter. 72 -860 City Hall, Anaheim, California COUNCIL MINUTES December 19. 1972. 1 :30 P.M. Mr. Murdoch advised that with the exception of the special facilities to serve the higher elevations the same policies apply to all other properties in the City as nearly as can be established. Councilman Thom asked if the developer was responsible for the design of the system. Mr. Hoyt replied that they have worked very closely with Willdan Engineers, the Engineer for Anaheim Hills, and in general, the City designs the water facility, however, the master plan is based on what and how the developer intends to develop. He advised that in a tract situation, the City designs the water system which the developer transfers to his drawings which is then approved by the City. In a secondary system, the developer installs the system, it is inspected, dedicated and accepted by the City and then connected to the primary mains. The design is that of the City who is the owner and operator of the system. Mr. William C. Stookey, principal of Willdan Associates, advised'he was currently serving as City Engineer, or Director of Public Works of three cities and was formerly City Engineer for the City of Fullerton for nine years; that in all cases he was directly responsible for areas pertaining to the water system. Mr,,Stookey advised that his concern, as a private businessman, was the apparent interpretation of Rule 15 pertaining mainly to facilities and engi- neering paid. for solely -by the developers.that would.now require all engineer- ing to be done by City personnel, or by City contract. He related his experi- ence while with the City of Fullerton wherein City staff could:_not respond as quickly as private engineering firms. Mr. Stookey stated there was no ques- tion that the standards and criteria should be established by the City for the water system and that that criteria must be- followed. However, private enter prise,can produce the designs more compatible to the problems faced by the developer, and less costly to both the. City and the developer. Mr. Murdoch asked if Mr. Stookey was referring to a specific section or paragraph of the suggested resolution. Mr. Stookey replied that his remarks were in.response to a letter received from Mr. Sears, Water Superintendent, wherein he advises that all design of the primary system will be done by the City. Mr. Hoyt advised that their main concern was that the engineering design control rest with the City as opposed to the developer. He further advised that the City does employ outside engineering firms when their services are needed, but the control and supervision is that of the City's, and directions are taken from the utility as opposed to the developer, and the engineer doing the design work must be responsive to the City's needs as opposed to that of the developer. Mr. Hoyt reported that to set the criteria is easily said and most difficult to do. Councilman Pebley felt that there was a possible financial saving to the City in allowing outside engineering firms to design the water system. 1 Mr. Hoyt replied that there could be a saving in engineering costs but perhaps not in maintenance costs. to the system. Mr. Geisler reported that the discussion involves two different items. One, a water system designed to the peak of engineering for the lowest maintenance cost. The other, a system designed for the cheapest possible installation. As to criteria, Mr. Geisler reported that it is the design that sets the criteria. Mr. Hoyt agreed that you have to do the design work set the criteria as only broad goals and standards can be established; not specific design standards, and to check a design engineered by another is practically redesigning the entire system and it would be easier and less costly to do the design in the first instance. 1 City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. High School District will want to utilize the Anaheim Hills Golf Course when they build a high school in that area. 72 -857 Mr. Murdoch felt that for the next year only both requests, that of Anaheim High School District and Cypress Junior College, could be accommo- dated. Mr. Lloyd Trapp, Recreation Superintendent, reviewed the proposed schedule and concurred with Mr. Murdoch, that both requests could be taken care of for this next year without conflict to the general public use. He stated that the high school is not adding any additional play and that the City now has the flexibility of two courses. On motion by Councilman Pebley, seconded by Councilman Dutton, request of Anaheim High School District and Cypress Junior College for use of City -owned golf courses was authorized for a period of one year only under the terms and conditions reported by Mr. Murdoch and Mr. Trapp. MOTION CARRIED. PURCHASE MOTORCYCLES: Purchase of six motorcycles from Harley- Davidson in the amount of $15,351.81, including tax, was authorized as recommended on motion by Councilman Dutton, seconded by Councilman Thom. MOTION CARRIED. AGREEMENT PAUL H. BAUGHMAN: Proposal submitted by Paul H. Baughman, Electrical Engineer, to design the baseball football lighting for the Brookhurst Park in the amount of 4% of the construction cost, not to exceed $3,000.00, was submitted. On motion by Councilman Pebley, seconded by Councilman Thom, letter agreement with Paul H. Baughman as set forth in his proposal was authorized as recommended by the City Manager and Director of Parks and Recreation. MOTION CARRIED. RECESS: Councilman Thom moved for a five minute recess. Councilman Pebley seconded the motion. MOTION CARRIED. 3:30 P.M. AFTER RECESS: Mayor Dutton called the meeting to order, all members of the Council being present, with the exception of Councilman Stephenson. CLAIM AGAINST THE CITY: Claim filed by Charles and Marilyn A. Bidwell for personal property damages and personal injury purportedly resulting from a collision with a City vehicle, sustained on or about October 19, 1972, was denied as recommended by the City Attorney and referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Sneegas. MOTION CARRIED. RESOLUTION NO. 72R -598: Councilman Sneegas offered Resolution No. 72R -598 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS. (1973 -1974) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -598 duly passed and adopted. RESOLUTION NO. 72R -599: Councilman Pebley offered Resolution No. 72R -599 for adoption. Refer to Resolution Book. 72 -858 City Hall. Anaheim, California COUNCIL MINUTES December 19, 1972. 1 :30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF ANAHEIM. (Adding Traffic Signalization) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -599 duly passed and adopted. RESOLUTION NO. 72R -601: Councilman Pebley offered Resolution No. 72R -601 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN FIVE YEARS OLD. (Water Division) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 72R -601 duly passed and adopted. WATER RATES RULES AND REGULATIONS: Proposed changes to water rates, rules and regulations were submitted and recommended by Gordon Hoyt, Utilities Director, together with report and explanations. Said changes to be effective December 19, 1972. The significant changes in the rates, rules and regulations were briefly as follows: RATE SCHEDULE W -T, TEMPORARY SERVICE: A new schedule to be added so that a realistic fee for providing temporary services can be charged. RULE 13, TEMPORARY SERVICE: Said new rule revised to provide for metering of all temporary services where practical. A permit fee has been established and deposits have been increased to cover loss or damage to the meter and related appurtenances. RULE 15, WATER MAIN EXTENSIONS: Expanded to clarify the written, and document the unwritten policies. Under the present policy the City provides production, transmission and major storage facilities. Primary distribution mains are paid for by the developers through water main extension fees, major changes and addi- tions to Rule 15 are as follows: 1. Water main extension fees increased (a) from $155 to $275 per acre for residential development. (b) from $195 to $330 per acre for commercial development. (c) from $235 to $375 per acre for industrial development. 2. Addition of Section B which establishes a "special facilities charge" to be paid by the developer for the cost of distribution facilities, other than distribution water mains, that will be required in the foothills at elevations that cannot be served by the Lenain Filtration Plans. The cost of these special facilities (pump stations, reservoirs, etc.) to be generally between $500 and $1,500 per acre depending on topography, land use, and other factors. These costs to be in addition to water main extension fees. 3. Addition of Section A.4.b providing for a joint participation by the City and developer in the cost of a primary distribution main-extension to. a new development where extension is in excess of 500 feet. City Hall, Anaheim, California COUNCIL MINUTES December 19, 1972, 1:30 P.M. AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Ordinance No. 3110 duly passed and adopted. ORDINANCE NO. 3111: Councilman Dutton offered Ordinance No. 3111 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69 -70 -25(1) RS -5000) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIIEN: Stephenson 72 -863 The Mayor declared Ordinance No. 3111 duly passed and adopted. ORDINANCE NO. 3112: Councilman Sneegas offered Ordinance No. 3112 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66- 67- 61(55) C -R Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Ordinance No. 3112 duly passed and adopted. ORDINANCE NO. 3113: Councilman Pebley offered Ordinance No. 3113 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71- 72 -52) C -1) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCIIIIEN: Stephenson The Mayor declared Ordinance No. 3113 duly passed and adopted. RECLASSIFICATION NO. 72 -73 -19 VEHICULAR ACCESS RIGHTS: On motion by Councilman Pebley, seconded by Councilman Sneegas, dedication of vehicular access rights to Marian Way, in accordance with Condition No. 3 of Resolution of Intention No. 72R -414, in connection with Reclassification No. 72- 73 -19, was accepted and recordation thereof authorized. MOTION CARRIED. ORDINANCE NO. 3114: Councilman Pebley offered Ordinance No. 3114 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72 73 19) R Roll Call Vote: AYES:' COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor declared Sneegas, Pebley, Thom and-Dutton None Stephenson Ordinance No. 3114 duly passed and adopted. 72 -864 City Hall. Anaheim. California COUNCIL MINUTES December 19. 1972. 1:30 P.M. ORDINANCE N0. 3115: Councilman Dutton offered Ordinance No. 3115 for first reading: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.12, BY ADDING SECTION 1.12.080 PERTAINING TO THE DESTRUCTION OF COPIES OF CITY RECORDS. CANCELLATIONS OF DEED RESTRICTIONS RECLASSIFICATION NO. 56- 57 -76: On motion by Councilman Dutton, seconded by Councilman Sneegas, consent was given to the cancellation of M -1 deed restrictions recorded October 3, 1964 in Book 7273, Page 379, Official Records of Orange County, California, pertaining to Reclassification No. 56- 57 -76. MOTION CARRIED. ORDINANCE 140. 3116: Councilman Sneegas offered Ordinance No. 3116 for first reading: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (56- 57- 76 -(4) BLUE CRASS HOSPITALIZATION AND MAJOR MEDICAL INSURANCE CONTRACT: Upon the recom- mendations of the Personnel Director, on motion by Councilman Thom, seconded by Councilman Sneegas, renewal of the Hospitalization and Major Medical Insurance Contract with Blue Cross of Southern California for a term of 12 months, commencing November 1, 1972, was authorized as outlined below: 1. The following rates will apply as deposit rates for the period November 1, 1972 through October 31, 1973: Single Employee $17.65 2. If incurred claims plus $10,000 exceeds earned deposit income October 31, 1973, the City of Anaheim Blue Cross in an amount equivalent to stated in Paragraph Three below. The to 8.92% of maximum income. a. Total number of Single contracts b. Total number of Employee and One each month times $6.23. c. Total number of Employee and Two force each month times $8.03. MOTION CARRIED. Employee One Employee Two Dependent or More Dependents $43.61 11 $56.25 the required administrative cost plus for the period November 1, 1972 through will be liable for a single payment to such excess subject to the limitations administrative cost will be equivalent 3. In no event will the City of Anaheim be liable for additional payments which exceed the amount of money produced by the following formula: in force each month times $2.53. Dependent contracts in force or more Dependent contracts in REVENJE SH`RINC REPORT: Mr. Murdoch referred to revenue sharing report representing the recommendations of the City Department Heads and summary of recommended order of priority that would meet the anticipated allocations to be received over the next five years from the Federal Government Revenue Sharing Program, being estimated as follows: 1972 1,166,000.00 1973 1,201,000.00 1974 1,237,000.00 1975 1,274,000.00 1976 1,312,000.00 In answer to question raised by Councilman Thom, Mr. Maddox explained the necessity for the Chantilly Storm Drain being jointly constructed with the State of California Division of Highways and Orange County Flood Control District in conjunction with the construction of the Orange Freeway, which storm drain will run parallel to the Orange Freeway from La Palma Avenue to Retells Avenue, then easterly into the river, and is scheduled for construction in the early part of next year. He advised that Anaheim's share of the construction cost is $750,000.00 of which $390,000.00 is already set aside. 72 -865 City Hall. Anaheim. California COUNCIL MINUTES December 19, 1972. 1 :30 P.M. Councilman Thom questioned the recommendation of acquiring an additional dump site. Mr. Piersall explained that the site currently used has a life expectancy of about another six months and without an additional place the dump material will have to be taken to either the Olinda Dump or another Canyon dump on the Irvine Ranch. With the acquisition of another site with a life expectancy of 20 to 30 years, after which the site could be converted to park use, it is conservatively estimated that an annual saving of between $60,000.00 to $80,000.00 will be realized. Regarding the Branch Library, Councilman Thom was of the opinion that if the $28,000.00 is allocated in 1972 for architectural fees, the $350,000.00 for the construction should be brought forward to 1973, in that construction costs fluctuate so rapidly. In noting the proposed Vermont Street Garage, Councilman Thom was of the opinion that the Branch Library would be of a higher priority than the Garage. As to the priority of the garage, Mr. Murdoch replied that this would depend on how high the Council priority is on saving money, and this is the type of policy the Council must determine. Councilman Thom felt that the Revenue Sharing Fund should be spent on satisfying some of the citizen oriented type requests. Mr. Murdoch also referred to the Civic Center Study report which is a program for constructing administrative buildings in segments rather than the approach previously used. He stated the Council may wish to use Revenue Sharing Funds to construct the first phase of a multiple phase construction earlier than 1976, and if so, if this facility is built, the plan to remodel other facilities and relocate other activities would be modified, depending on what units would be placed in the first phase of the new structure. It was determined that additional time was needed to consider items recommended for revenue sharing and that the matter be again considered next week. JOINT POWERS AGREEMENT ANAHEIM UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES CONVENTION CENTER: Communication R. Kenton Wines, Superintendent of Anaheim Union High School District, relative to the Board of Trustees' review of the Joint Powers Agreement for the Convention Center, together with written opinion of Mr. Milford Dahl, Sr., of Rutan Tucker, was submitted. Copies of said opinion were requested to be furnished to the Community Center Authority. REQUEST SEWER LATERAL JOHN KRAJACIC: Mr. Murdoch reported that plans on file with the Building Division indicate a sewer lateral to serve the property located at 1104 West North Street and that the lateral cannot be actually located. He asked if the City would undertake the obligation of approximately $375.00 to extend the lateral onto the property. It was noted that the lot in question was split and that in all probability the lateral serving the property was now used to serve the easterly portion of the lot. It was moved by Councilman Pebley, seconded by Councilman Thom, that the City install the lateral in that it was originally shown as installed on the plans. MOTION CARRIED. Mr. Geisler advised that unless Mr. Krajacic pays for the installation of the lateral it would be a gift of public funds. He stated that this is a lot which has been connected and the fact that it is now split into two lots, it is still the responsibility of the property owner to provide a lateral to the sewer which is located in the center of the street. second. Councilman Pebley withdrew his motion, Councilman Thom withdrew the Mr. Krajacic advised that in his opinion it was unfair to be required to install a lateral that was shown on the City map as being installed. 72 -866 City Hall. Qnahtim. California COUNCIL MINUTES December 19. 1972, 1:30 P.M. Mr. Geisler noted that sewers in that area were installed many years ago, and that the subject map of sewer mains and laterals was developed appar- ently to whatever information was available and to everyone's best recollection, and that the map in question clearly indicates that it is not official and is not to be relied upon. APPOINTMENT PARKS AND RECREATION. COMMISSION: At the request of Councilman Pebley to be replaced as Council Representative on the Parksand Recreation Commission, Mayor Dutton appointed Councilman Sneegas as Council representative to the Parks and Recreation Commission. Said appointment was ratified on motion by Council- man Pebley, seconded by Councilmen Thom. MOTION CARRIED. FILING FEES: Councilman Pebley requested a survey of other cities and analysis of City of Anaheim's costa to process variances, conditional use permits and re- classifications. Councilman Pebley was of the opinion that the actual cost of these zoning matters should be borne by the applicant and not subsidized by the general taxpayer. RECESS: Councilman Sneegas moved to recess to 7:00 P.M., Councilman Thom seconded the motion. MOTION CARRIED. Recess: 6:05 P.M. AFTER RECESS Mayor Dutton called the City Council meeting to order, 7:00 p.m. PRESENT: COUNCILMEN: Sneegas, Thom and Dutton ABSENT: COUNCILMEN: Stephenson and Pebley PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ENVIRONME T'MPACT REPORT NO. 60 (RECLASSIFICATION NO. 72- 73 -10. VARIANCE NO. 2426 AND TIVE TRACT NOS. 7945, 7946, 7947 AND 7948): Submitted by Leadership Housing Systems, Inc. in conjunction with proposed 552 -unit statutory condo- minium complex on proposed R -3 zoned property located at the northwest corner of Cerritos Avenue and Walnut Street, together with E.I.R. Review Committee Analysis. Consideration of this E.I.R. was continued from the meeting of Nov- ember 28, 1972, at the request of Mr. John F. Hanscom, Leadership Housing Sys- tems Inc. to December 5, 1972. Said E.I.R. was then continued from December 5, 1972 to this date at the request of Mr. Stanton, Chairman, Cerritos- Walnut Association for a night meeting. A petition dated November 21, 1972 and containing approximately 900 signatures, was submitted indicating opposition to the proposed project. At the request of Mayor Dutton, the City Attorney explained for those present that with the enactment of Assembly Bill 889 establishing a 120 -day moratorium from December 5, 1972 on Environmental Impact Reports, the necessity and reason for the meeting no longer exists as the law would place the issue in a catagory no longer requiring an E.I.R., and discussion of E.I.R. No. 60, and specifically any action taken on this report by the Council would have no bearing and would be academic. Mr. James Darrow, Attorney representing the firm of Holden Bevins, 136 West Whiting Avenue, Fullerton, indicated that they have been retained by the Cerritos- Walnut Association and requested that the Council consider recinding the resolution of intent to rezone subject property this evening in lieu of the E.I.R. He based this request on the fact that the change in zone is not final until the second reading of the ordinance, and further that thole aspects dis- cussed in the E.I.R are identical to those which should be considered by Council prior to making final zoning decisions. 72 -867 City Hall, Anaheim. California COUNCIL MINUTES December 19, 1972. 1:30 P.M. Mr. Geisler advised that in this City, and on this issue, the public hearing on the zoning has been held by the City Council, and determination and final action has been taken by the adoption of a resolution setting forth the findings and determination that the property should be rezoned. The zoning action is not a public hearing,or quasi judicial nor quasi legislative, it is a legislative matter entirely,and although the ordinance classifying the pro- perty is generally handled as an administrative act, is introduced and adopted at a public meeting, it is truly a legislative act, and not subject to public hearing at that time. He further advised that a zoning action can be altefed or reversed at any stage providing that an officially noticed public hearing is first held. He added that this meeting does not constitute an official public hearing since it had not been advertised as such. Mr. Darrow requested the Resolution of Intent be rescinded and felt this could be accomplished in that the zoning was not finalized. Mr. Geisler advised that rescinding the resolution could only be done at a legally advertised, and noticed public hearing. He felt certain those present would be disturbed if the Council took an action in their favor and then, without notice rescinded it the following week. Councilman Dutton suggested that in view of the fact that so many people are assembled, subject to concurrence of the Councilmen present, per- haps the E.I.R. could be discussed as if it were in effect, since it would be improper to discuss the zoning action at this time. Mr. Geisler stated that there would be nothing to prevent the Council from making an Environmental Impact Statement and that the discussions could proceed on that basis. Councilman Thom asked what effect a resolution to delay the reading of an ordinance changing the zone under Reclassification No. 72 -73 -10 until April 5, 1973 would have, specifically whether this would reinstate the requirement of an Environmental Impact Statement for this project. Mr. Geisler answered that he doubted this since the action granting the permit (or zoning) is actually the Resolution of Intent, and the reading of the ordinance is basically a ministerial act. Councilman Thom thereupon inquired whether a resolution offered at this time, to rescind the previous zoning action would permit the presentation of pertinent evidence from the assembly, prior to voting on the resolution, and whether such a resolution would be legal. Mr. Geisler reiterated that any action to reverse a zoning decision cannot be taken unless it follows a legally. noticed public hearing. He respon- ded to the question of legality of the resolution stating that this would be ultimately subject to the decision of a court of law, however in his opinion, such a resolution would be out of order, and illegal. Councilman Thom asked if it could be considered sufficient notice since both the proponents and opponents are present at this meeting. Mr.. Geisler noted that it cannot be known that all interested parties are present, however if it can be determined that they are, and if the propon- ents and opponents wish to. waiver notice, perhaps the meeting can proceed as a public hearing. Mr. Robert Kendall, Leadership Housing Systems, Inc., 3501 Harbor Boulevard, suggested that since the reason that this meeting was called was to allow those in opposition an opportunity to register their remarks regarding the E.I.R., and since Leadership Housing Systems feels.confident that said report is substantially accurate and will be acceptable to the City, that the discussion on the E.I.R. proceed. He further reported that he had not received the comments prepared by the Cerritos-Waliut Association relative to E.I.R. No 60 until this even- ing, although the purported purpose for the two -week Council delay was to allow the developer. -an- opportunity to receive these. comments and prepare additional t information in response. 72 -868 City 11. Anaheim. California COUNCIL MINUTES December 19. 1972. 1:30 P.M. He outlined the difficulties which his firm had encountered in attempt- ing to meet with the homeowners group. In spite of this handicap, he stated they were still willing to proceed with discussion of the E.I.R. Relative to their waiving notice so that this might be conducted as a public hearing for the pur- pose of reconsidering the zoning action, he reported that he was not able to respond to this without advice from their legal counsel. Mayor Dutton, noting that all parties concerned were agreeable to discussing the E.I.R. then stated that this meeting would proceed for this pur- pose only. Mr. Darrow inquired whether or not the Council intended to act on the E.I.R. and restated the position of the Cerritos Walnut Association that every item included in this report is essential to the zoning decision. Therefore if the report is not approved, then subsequently neither could the zoning change. Mr. Geisler advised that there is no provision in the law for dis- approving an E.I.R., the law provides only that the Council shall make an Envir- onmental Impact Statement or find such a statement unnecessary; it does not have the prerogative of disapproval. Mr. Darrow explained the viewpoint of the Cerritos Walnut Association that the zoning was unreasonable, and that no undue hardship was proven in the granting of Variance No. 2426, and requested again that the Council schedule a public hearing to consider rescinding the original resolution. The Mayor invited the spokesman for the group to address the Council. Mr. H. Bartholomew, 1518 West Cris Place, member of the Cerritos- Walnut Association, apologized for the late submission of the prepared answer to E.I.R. No. 60. He referred to the meeting with Leadership Housing Systems Inc. and stated that the primary difference in opinions, as ascertained at the December 14, 1972 meeting, stemmed from the density of the proposed project and its poten- tial impact on the surrounding environment. He presented the commentary pre- pared by his group to the Councilmen, and read the opening letter of this sum- mary in full. Mr. Bartholomew pointed out that in the original E.I.R. No. 60 the location of the Convention Center was not mentioned, and they feel this is sign- ificant because of the traffic which is expected to be generated by this project. They questioned the noise levels which could occur should the heliport site be reactivated. He cited figures obtained from the Traffic Engineering Department which show an anticipated increase from this development of 50% on Walnut and Cerritos Streets, noting that these projections do not include Convention Center, Disneyland, or fireworks traffic. He added that their organization is concerned with the potential increase in accident rates that may result from the increased traffic, and with the effect on educational facilities of an estimated additional 400 school age children. In conclusion Mr. Bartholomew stated they feel that all of this can be tempered with a lower density project; they believe a PRD of.12 -units per net acre would still be economically feasible and would produce a less detrimental effect on the environment. Further, he stated that his group agrees that a man should be able to develop his property as he pleases, however, when that land use affects others adversely, then the welfare of the populace should be considered, and the existing residents Should have the highest level of priority when evaluat- ing these effects. Mr. Dale Stanton, 1509 Harle Place, reported in more detail on the projected effect which the proposed project would have on the existing school system. He referred to a letter from the Anaheim City School District (not sub- mitted to Council) which indicates a problem with even a small .number of addi- tional children into these schools. Mr. Stanton stated that a total school -age population of approximately 414 children could be expected from the proposed development, based on census taken of over 800 condominiums, which revealed that in the price range proposed for subject units, there is an average of .75 school children per unit. It is anticipated that .21% or 87 of these children would enter Ball Junior High School, 307. or 128 would enter Loara.High School and the remainder would enter the elementary level. He stated that according to eiucators, when you 72 -869 City Hall, Anaheim. California COUNCIL MINUTES December 19. 1972, 1:30 P.M. have a student increase of 10%, the problems increase 20 to 30%, and this, he feels, is evidenced by Ball Junior High School, which is now protected by a six -foot fence due to vandalism which is attributable to the high density de- velopments in their attendance area. He reiterated that a density of 10 to 12 units per acre would be the maximum that could be accommodated. Mr. Robert Messe, 1523 South Bayless reviewed the section of their summary which referred to the heliport and noted that should this service be reactivated, the entire project would be subjected to nuisance levels of noise and some units to a level which would exceed the acceptable standards of HUD and FHA. He further stated that in his opinion the Council has always acted as an Environmental Impact Review Committee since the effects on the environ- ment have always been taken into consideration in connection with zoning decisions and requested consideration be given to their requests set forth in their report on E.I.R. No. 60. Mayor Dutton explained that to the best of his knowledge it is un- likely that the heliport will be reopened. Mrs. Betty Ronconi, 1241 South Walnut Street, reminded the Council that Walnut Street is not improved, but is a two -land road between Cerritos and Ball and not capable of meeting even the present traffic demands. The Mayor asked if anyone else in opposition wished to address the Council, and hearing no response, invited the proponents to speak. Mr. Stuart Woodard, 1781 Skypark Circle, Irvine, Architect and Planner for Leadership Housing Systems Inc. remarked in rebuttal,that to his knowledge the concerns expressed by the Cerritos Walnut Association regarding schools, traffic and utilities have already been considered by both the City Planning Commission and the City Council prior to their decisions. He stated that the difference in the impact on schools and traffic which would result from a project with a density of 17 -units per acre as opposed to 12 -units per acre, as recommended by this group, would be insignificant. Using the same base figures as presented in the homeowner's association report, (although he disagreed with the validity) he pointed out that the additional number of children generated by a 17 -unit per acre development would be 100 to 150, which he felt was not enough to warrant disapproval of a plan which would otherwise be an asset to the neighborhood. Councilman Dutton reminded the assembly that the Anaheim General Plan provides for projection of R -3 zoning on a portion of subject property, which would permit a density of 36 -units per acre, and the over -all density allocation for this property would be 28 -units to the acre, whereas the project approved by the City Council projects a density of one -half of that which would be per- missible under the General Plan. Mr. Kendall referred to the concern raised in the homeowners report regarding the peripheral drive and the safety factor of such, and reminded the assembly that one of the conditions of approval was that speed bumps be in- stalled on this drive. He also noted that one of the advantages of the project is that the residents would be able to reach amenities and public areas without crossing any streets. He stated that Mr. Woodard, Mr. Ali (author of E.I.R. No. 60) and himself were willing to respond to any questions regarding this E.I.R. which the Council might have. Mayor Dutton, hearing no further questions from the Council, offered the opponents an opportunity for rebuttal. Mrs. Cleo Cockreham, 1323 Chalet addressed the Council stat- ing her objections were based on the increased traffic which would be generated on Walnut Street. She advised of the present difficulity in exiting the tract in which she lives. Mr. Robert Messe stated he wished to clarify two points: 1. That the traffic numbers presented in their commentary on E.I.R. No. 60 were obtained yesterday from the Anaheim Traffic Department and are based on an actual traffic Count. 72 -870 City Hall Aphs4a, California: COUNCIL MINUTES December 19. 1972. 1:30 P.M. 2. His calculations disclose that with 12 -units per acre on 31 net acres, there would be a total of 372 -units and not 480 as stated by the proponent. The Mayor called for anyone else in opposition who wished to address the Council, there being no response declared the discussion closed. Councilman Thom stated once again that in his opinion the intent of the law on the requirement concerning publicly noticed meeting has been satis- fied at this meeting. He thereupon offered a resolution rescinding the approval of Reclassification No. 72- 73 -10. Prior to voting on this resolution, Councilman Dutton stated he could not vote on the resolution on the advice of counsel. Roll Call Vote: AYES: COUNCILMEN: Sneegas and Than NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: Stephenson and Pebley The Mayor declared the resolution failed to carry by not receiving an affirmative vote of the majority of the Council members. Councilman Thom stated his intention to offer the same resolution at the next regular Council meeting. Mr. Geisler advised that if this was a legally published public hearing on the reconsideration of the reclassification,the resolution offered by Councilman Thom would be in order. Councilman Thom moved that re- hearing on Reclassification -73 -10 and Variance No. 2426 be scheduled as soon as possible. Councilman Sneegas seconded the motion. At the request of a member of the audience, Councilman Thom amended his motion to provide that said public hearing be scheduled at an evening meeting. Councilman Sneegas concurred with the amendment. Roll call vote was requested by Councilman Thom: AYES: -COUNCILMEN: Sneegas and Thom NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: Stephenson and Pebley MOTION CARRIED. ADJOURNMENT: Councilman Thom moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 8:20 P.M. Signed -72 St- rT City Clerk