Loading...
1973/01/3073-60 City Hall! Anaheim; California - COUNCIL MINUTES - January 23~ 1973t 1:30 P.M. HOUSE MOVINGS - VICINITY OF ANAHEIM M~MORIAL HOSPITAL: Letter and complaint relative to houses placed on blocks in preparation for moving, thereby creating a hazard- ous situation in the vicinity of Anaheim Memorial Hospital was reviewed by City Council on January 16, 1973. Councilman Thom distributed to interested parties in the audience, copies of letters from James W. McAlvin, Administrator, Anaheim Memorial Hospital~ dated January 18, 1973, directing the house moving companies involved to remove said houses from the property within four to five days from the time they have been blocked up. INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY: On motion by Councilman Pebley, seconded by Councilman Sneegas, Mayor Dutton and Mayor Pro Tem Stephenson were appointed the official representative and alternate respectively to the Intergovernmental Coordinating Council of Orange County. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5:10 P.M. Deputy City Clerk Anaheim, California - COUN~%L MINUTES - January 30, 1973, 1:30 P.M. Thc City Co~ncil of the City of Anaheim met in regular session COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton (Pebley entered at 1:45 P.M.) COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: John H. Dawson CITY CLERK: Dene M. Daoust PARKS AND RECREATION DIRECTOR: John Collier CITY ENGINEER: James P. Maddox ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. IPAzOCATION: Reverend Jim Green of Bethal Baptist Church gave the Invocation. SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF RECOGNITION: A resolution designating Boy Scout Troup No. 526 of the Anaheim District of the Orange County Council of Boy~ Scouts of America, official representative of the City of Anaheim at the National Boy Scout Jamboree to be held in July in Farragut, Idaho, was unanimously adopted by the City Council and presented to two members of the troup by Mayor Dutton. 7'~- 61 City Hall, A~ah~,~m. California- COUNCIL MINUTES- January 30, 1973, _1:30 P.M. iNTRODUCTION OF NEW UNITED S. TATES CITIZENS: Dean Grose of Public Information Office reported and read the names of 12 residents of Anaheim who have recently become naturalized citizens. Mayor Dutton congratulated the following who were ~n attendance: Gerda Mare Wisser from Germany Margaret Quinonez Like from Mexico Margaret Angela Zandbergen from Netherlands CORRECTION TO MINUTES: On motion by Councilman Stephenson, seconded by Councilman Sneegas, correction of the Minutes of the Meeting held January 2, 1973, .,, changing the title of Resolution No. 73R-5 was authorized as follows: Page . No. 73-5, Resolution No. 73R-5: ~E~>t~= (Magnolia and Crescent Avenues, Parcel No. 1). MOTION CARRIED. WAIVER OF READING - ORDINANCgS AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,285,002.26, in accordance with the 1972-73 Budget, were approved. PUBLIC HEARING - ABANDON1MENT NO, 72-8A: Application by Paul A. Moote, Agent, Woodbine Corporation, requesting an abandonment of a public utility easement located at the east side of State College Boulevard, north of Wagner Avenue, was st,bmitted, together with City Engineer's report and recommendation that said abandonment be approved. The Mayor asked if anyone wished to address the Council in favor or in opposition to said abandonment; there being no response, declared the hearing closed. RESOLUTION NO 73R-31: Councilman Stephenson offered Resolution No. 73R-31 for adoption, approving Abandonment No. 72-8A. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PORTION OF REAL PROPERTY HEREIN DESCRIBED. (72-8A) Roll Call Vote:~ AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton None Pebley Thc Mayor declared Resolution No. 73R-31 duly passed and adopted. ~OBLIC HEARING - CONDITIONAL USE PERlv[IT NO. 1358 A_ND ENVIROI~NTAL IMPACT REPORT NO. 71: Submitted by Frank O. Lockhart and Betty L. McLeod, to establish a mechanical car wash in conjunction with a proposed service station on R-A zoned property located at the southeast corner o£ West Street and Ball Road, with waiver of: a. Minimum number of required parking spaces. ENVIRONMENTAL IMPACT REPORT NO 71: E.I.R. No. 71 together with City Planning Commission Resolution No. PC72-326 and Committee Analysis were submitted. On motion by Councilman Sneegas, seconded by Councilman Dutton, the City Council received E.I.R. No. 71 and determined the impact of the project would be trivial in nature, thereby requiring no Environmental Impact Statement by the Council. MOTION CARRIED. RESOLUTION NO. 73R-5: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPLEMENTING RESOLUTION NO. 72R-564 DETERMINING THE NECESSITY FOR AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR STREET AND PUBLIC UTILITY PURPOSES. (Magnolia and Crescent Avenues) 73-62 City Hall, Anaheim, California - COUNCIL MINUTES - January 30~ 1973, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC72-327, denied Conditional Use Permit No. 1358. Appeal from action taken by the City Planning Commission was filed by Victor E. Shellenberg, Jr., The Bubble Machine, and public hearing scheduled this date. Zoning Supervisor Charles Roberts noted the location and surrounding uses of subject property and advised there is a resolution of intent to C-R on the property to the east and to the south, as well as subject property. Mr. Roberts explained the Applicant proposes to demolish the existing service station on the property and construct an automatic car wash facility with related gas sales. The proposed plans indicate the car wash structure will be located 25 feet from the south property line and 22 feet from the east property line with area between the two property lines to be utilized for vehicular cir- culation. Extensive landscaping will be provided around the entire project to reduce any noise generated from the car wash facility. Mr. Roberts read the reasons for denial by the Planning Commission, one being the proposed use was only 20 feet from an existing motel and the noise and traffic generated therefrom would have a detrimental effect on occupants of the rooms adjacent to said car wash. In answer to Councilman Stephenson's question, Mr. Roberts stated that there would be varying distances from car wash structure itself to the motel, ranging from 45 to 65 feet. Mayor Dutton voiced opinion that apparently the noise factor was a prime reason for denial of the conditional use permit by the Planning Commission and asked if the noise level ordinance was considered in the Commission's deli- berations. Mr. Roberts replied in the affirmative and further advised that the Applicant agreed to stipulate to the hours of operation, but the Commission felt the proposed use would be incompatible with the motel use. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. Victor E. Shellenberg, Jr., of The Bubble Machine, 44 Montgomery Street, San Francisco, advised they currently operate 25 facilities in California similar in nature to the one proposed for this site. He explained the proposed plan was to demolish the existing abandoned Standard Oil station on the site and in its place erect a $250,000.00 facility, exclusive of land costs. The structure is a fully enclosed concrete block constructed building with an architectur- ally integrated canopy with redwood facia for decoration. All pavement on the site is of concrete aggregate surface. He further explained their mode of operation was to give a free exterior car wash with every (no minimum) gasoline fill up, and that no other relative automotive services would be provided, He reported no one would wipe excess water off the exterior of a patron's car, nor vacuum nor clean the inter- ior of the car; no employee ever drives a patron's car through the car wash; no water or air is provided at gasoline islands; there is no sale of food, beverage sundry items~ tires~ alisnment or other related automotive services; and there would be no promotional sales. Mr. Shellenberg advised he had contacted Mr. Joe Conrad of the Exxon station across the street from the proposed car wash facility, and he had no objections to the proposed type of operation. Mr. Shellenberg revealed that at the time of the Planning Commission hearing he was unaware of a City noise level ordinance and was unable to stipu- late thereto. However, since that time, he has completed extensive sound surveys throughout the proposed site and motel site, and can now stipulate that they are prepared to comply with the sound ordinance. 73-63 City Hall, Anaheim, California - COUNCIL MINUTES - January 30, 1973, 1:30 P.M. Recognizing the noise problem and their responsibility to contain it as much as possible, Mr. Shellenberg further stipulated to providing a six-foot high acoustical fence along the interior property line to protect the adjoining motel and restaurant properties. Councilman Stephenson questioned The Bubble Machine method of opera- tion, voicing the opinion that it is not equitable for patrons to buy gasoline from them and then have to proceed across the street to the Conrad station for air, water, and any other "free service". Mr. Shellenberg replied that if their patrons required any automo- tive services, such as an oil change, water, oil tires, alignment, etc., they would refer them to Mr. Conrad. Mr. Conrad has agreed in principle to this method of operation. Councilman Sneegas referred to the architectural rendering posted on the wall and asked if any facilities, such as compressors, would be constructed on top of the building, to which Mr. Shellenberg replied the building and the roof are completely enclosed and only some venting would be constructed on the top. Mayor Dutton asked if anyone in opposition wished to address the Council. Ronald Brooks Cameron, owner of the Flamingo Motel, immediately south of the proposed car wash facility, addressed the Council. He stated that he was in opposition to the construction of a car wash adjacent to his motel due to the noise which would be emitted from the blowers. Mr. Cameron advised he had contacted the lessors of the property to obtain information and they sug- gested that he view a similar facility at 182nd Street and Hawthorne Boulevard in Torrance. Mr. Cameron advised he and his wife went to the suggested facility about 1:00 a.m. and with the noise emitted from the blowers, they could not carry on a normal conversation standing 50 feet away from the end of the car wash tunnel, noting that 50 feet away from the proposed car wash would be in the middle of one of his motel rooms. Mr. Cameron reported that Mr. Shellenberg took sound~readings on the motel property and advised him that a bus traveling by the motel emitted as much as 70 decibels and that their proposed operation would not make more noise than that. Mr. Cameron voiced the opinion that traffic emissions were intermittent and that the proposed car wash noise would be constant. Mr. Cameron stated he feels that The Bubble Machine cannot comply with the City's sound ordinance, that the proposed car wash facility would have a detrimental financial impact on his motel and that existing traffic conditions at Ball and West, especially during summer months because of Disneyland, would only become more congested by allowing the proposed car wash to be constructed. Mayor Dutton asked if the Applicant would like a few moments of rebuttal. Mr. Shellenberg reiterated that at the time of the City Planning Commission meeting, he could not stipulate to compliance with the sound ordinance, but now is fully cognizant of the requirements and have made sound readings on the property, and can now stipulate to the fact that they can comply therewith. He explained that the proposed car wash structure to be constructed of concrete block material will be parallel with the adjacent motel; then there is three feet of planting, 20 feet of driveway and parking area, another three feet of planting and a six-foot high acoustical fence on the property line plus another 20 feet to the closest point of the motel structure. The noise emitted from the blowers would be less than that emitted from an operating air conditioner in one of the motel rooms. Mr Shellenbe~g pointed out that the operating hours of surrounding businesses during a 24- hour period included an all night service station, the restaurant which re- mains open until 2:00 a.m., the adjacent motel, which accepts guests at any hour, and Disneyland Park which is open until 1:00 a.m. during the summer. He felt that traffic would not increase on the property because they are a convenience type operation, and if people saw a waiting line at the car wash facility, they would not enter. Mr. Shellenberg advised they would be willing to stipulate to the hours of operation. Mayor Dutton declared the hearing closed. 73- 64 City Hall, Anaheim, California - COUNCIL MINUTES - January 30, 1973. 1;30 P,M. Councilman Sneegas asked if this proposed facility was similar to the one proposed at Anaheim Boulevard and Ball Road, and if so what was the sound level readings taken on that location. Zoning Supervisor Charles Roberts advised that at the time of the pro- posed car wash for Anaheim Boulevard and Ball Road, sound tests were conducted at a similar facility in Torrance by Robert Kelly, staff member of the Develop- ment Services Department. Robert Kelly reported that he had made sound level tests at the en- trance and exit of the car wash facility located at 182nd Street and Hawthorne Boulevard in Torrance, noting the intersection an extremely busy one and that background noise emission was 70 decibels on the A scale with no truck traffic, but at most times it was between 80 and 85 decibels. He explained that 50 feet from the exit of the car wash the noise level was 78 decibels, 50 feet from the entrance it was approximately 75 decibels and when the facility was not in opera- tion, it was 70 decibels. Councilman Thom requested an explanation of "a sound decibel". Robert Kelly advised that decibels increase logarithmically which means each time the sound pressure level increases by six decibels, the pressure doubles. Mayor Dutton asked if the sound level tests in Torrance were made at the tunnel of the operation, noting in subject case, the noise would be projected out onto West Street away from the motel, to which Mr. Kelly replied in the affirmative. Councilman Stephenson cited two previous car wash proposals, one at Ball Road and Anaheim Boulevard, which was to be located 150 feet away from a hospital, and another at Lincoln and East Street, which was to be located near a school and church. In both instances existing adjacent property uses were further away than the existing motel and restaurant adjacent to subject property, and both proposals were denied on the basis of noise. Councilman Sneegas asked if this proposal is denied because of the noise factor and at the same time the Applicant agrees to comply with the City's noise ordinance, at what point does the City allow an applicant to try to comply, and at what point would the City close down the operation for violation of the code. Mayor dutton felt that if the Applicant has full knowledge of the ordinance, he has the responsibility to comply therewith or risk the closure of his business. Councilman Thom stated that an ordinance is only as effective as the amount of enforcement available to enforce it, noting the City does not have an enforcement officer with sound level testing equipment. RESOLUTION NO., 73R-32: At the conclusion of the discussion, Councilman Stephenson offered Resolution No. 73R-32 for adoption, denying Conditional Use Permit No. 1358. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1358. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley and Thom Sneegas and Dutton None The Mayor declared Resolution No. 73R-32 duly passed and adopted. PARKING REQUIREMENTS OF THE COMMERCIAL RE~REATIONAREA. A recommendation of the City Planning Con~nission to the City Council was submitted suggesting the Anaheim Area Visitor and Convention Bureau be urged to request all motels and hotels in the Commercial-Recreation Area to compile data on the modeof transportation used by visitors to the City in order that the City would determine whether parking waivers should be granted in the future, or whether the parking require- ments of the Anaheim Municipal Code should be amended. 73-65 City Hall, Anaheim, California - COUNCIL MINUTES - January 30, 1973, 1;30 P,M Assistant Development Services Director Ronald Thompson advised that the Planning Commission was experiencing some difficulty in relating parking requirements to room occupancy because of the method of record keeping by the individual hotels and motels. The Planning Commission would like to determine if the present parking requirements are too restrictive and if they are, perhaps the Code should be amended. In answer to Council questioning, Mr. Thompson explained that com- piling data on the mode of transportation used by visitors to the City would be primarily in the Commercial Recreation Area. He advised that a number of hotel and motel owners are working with the airlines in providing package plans to visitors to the City, thereby eliminating some of their parking requirements. Mr. Thompson reported it is the desire of the Planning Com- mission to work with the Visitor and Convention Bureau to establish a uniform record keeping system. City Manager Keith Murdoch suggested using car l~¢ense information supplied at the hotel-motel registration desk to ascertain the number of visitors driving to the City. Councilman Thom agreed a better method of compilation of data is needed, and suggested adding a square to the present hotel-motel registration form requesting visitors to indicate if he arrived by car. After b=ief discussion, the City Council directed a member of the Development Services Department to meet with the Board of Directors of the Anaheim Area Visitor and Convention Bureau to work out a method of compiling statistics regarding the mode of transportation used by visitors to the City in order to ascertain realistic parking requirements primarily in the Commercial-Recreation Area. MISS ANAHEIM PAGEANT: The City Clerk requested a one-week delay for further investigation on the request submitted by the Chamber of Commerce, Women's Division, for use of the Anaheim Room of the Anaheim Convention Center on April 6, 1973, for the purpose of staging the Miss Anaheim Pageant. By general Council consent, the request submitted by'Chamber of Commerce, Women's Division was deferred one week. CITY PLANNING COMMISSION ITEM~: Actions taken by the City Planning Commission at their meeting held January 8, 1973, pertaining to the following applications, were submitted for City Council information and consideration. VARIANCE NO, 2454 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by Charles V. Thompson, to allow a warehouse addition in conjunction with a non-conforming building used as an office on M-1 zoned property located on the east side of Miller Street, north of Miraloma Avenue, with waivers of: a. Conditions for the continued use of a nonconforming building in an "~' zone. (Two years granted) b. Required front setback abutting a secondary arterial highway. (Two years granted; proposed wall denied) c. Required enclosure of outdoor uses. (Denied) The City Planning Cormnission pursuant to Resolution No. PC73-1, granted said variance in part. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pursuant to Resolution No. PC73-1, recommended that an exemption declaration status be granted to the proposal under Variance No. 2454. 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. 2454. 73-66 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 PoM. VARIANCE NO. 2465 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by Glenoaks Investment Company, to retain an existing illegal wall sign on R-3 zoned property located on the south side of Glenoaks Avenue on the north side of Greenleaf Avenue (2000 Glenoaks Avenue), with waiver of: a. Maximum sign area. The City Planning Commission pursuant to Resolution No. PC73-8, denied said variance. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pursuant to Resolution No. PC73-8, recommended that an exemption declaration status be granted to the proposal under Variance No. 2465. 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. 2465. VARIANCE NO. 2466 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by Kayco, Incorporated, to establish a professional-office complex in an indus- trial M-1 zone, property located on the south side of Katella Avenue, east of State College Boulevard, with waiver of: a. Permitted uses. The City Planning Commission pursuant to Resolution No. PC73-13, granted said variance,subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pursuant to Resolution No. PC73-13, recommended that an exemption declaration status be granted to the proposal under Variance No. 2466. 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. 2466. VARIANCE NO. 2468 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by NU-Properties, Incorporated, to establish a muffler repair shop providing specialty automotive services on C-2 zoned property located at the northwest corner of Euclid Street and La Palma Avenue with waivers of: a. Permitted uses. b. Minimum number of required parking spaces. The City Planning Commission pursuant to Resolution No. PC73-9, granted said variance, subject to conditions. Assistant City Engineer Ralph Pease referred to Condition No. 1 of the City Planning Commission Resolution No. PC73-9, reporting that the alley abandon- ment request has been withdrawn by the Applicant thereof, and recommended that Condition No. 1 be amended to read as follows: "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 o£ the street along Euclid Street and La Palma Avenue for street widening purposes including a 25 foot radius property line return; conditionally dedicate to the City of Anaheim a strip of land, ten feet in width from the centerline of the alley for alley widening purposes, as may be required by the City Engineer." ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pur- suant to Resolution No. PC73-9, recommended that a exemption declaration status be granted to the proposal under Variance No. 2468. 73-67 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973; 1:30 P.Mo 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. With the amendment of Condition No. 1, no further action was taken on Variance No. 2468. CONDITIONAL USE PERMIT NO. 1363 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by Gulf Oil Company to establish a beer bar in conjunction with a proposed commercial shopping center on C-1 zoned property located at the southwest corner of Beach Boulevard and Ball Road with waiver of: a. Minimum number of off-street parking spaces. The City Planning Commission pursuant to Resolution No. PC73-5, granted said conditional use permit, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pursuant to Resolution No. PC73-5, recommended that an exemption declaration status be granted to the proposal under Conditional Use Permit No. 1363. 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 Conditional Use Permit No. 1363. CONDITIONAL USE PERMIT NO. 1364 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Sumitted by Carrie P. McClure, to establish a small animal veterinary hospital on C-1 zoned property located on the south side of Lincoln Avenue and the southerly terminus of Evergreen Street, with waivers of: a. Minimum number of required parking spaces. b. Minimum dimensions of required vehicular accessway. c. Minimum dimensions of required trash storage area. The City Planning Commission pursuant to Resolution No. PC73-12, granted said conditional use permit, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pursuant to Resolution No. PC73-12, recommended that an exemption declaration status be granted to the proposal under Conditional Use Permit No. 1364. 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 Conditional Use Permit No. 1364. CONDITIONAL USE PERMIT NO. 1366 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted by Southern California S & L Associations, to establish a 97-unit one- and two-story planned residential development on R-A zoned pro- perty located on the east side of Nutwood Avenue and on the west side of Easy Way, north of Katella Avenue, with waivers of: a. Required frontage of lots on a dedicated street. b. Minimum building site area. c. Minimt~n building site width. d. Minimum distance between buildings. e. Maximum height of walls within a required setback. The City Planning Commission pursuant to Resolution No. PC73-2, granted said conditional use permit, subject to conditions. The City Clerk submitted and read two separate letters just received at open meeting from the Anaheim City School District and the Southern Pacific Transportation Company, urging the City Council to require as a matter of record that the access walkway be provided for school children to walk from Easy Way to Nutwood Street, and that said access remain open at all time, now and in the future. 73-68 City Hall, Anaheim, California ~ COUNCIL MINUTES - January 30, 1973, 1:30 P.M Zoning Supervisor Roberts advised the Applicant's plans reflect a 15- foot wide pedestrian accessway through a wall adjacent to Easy Way through which school children can pass through and go out onto Nutwood Avenue and further ad- vised that the proposed access way would be located in the middle of the project, rather than at the north property line. City Manager Keith Mnrdoch cautioned the Council that once the access- way is installed, there is the possibility that right of access could be changed with a change of ownership in the future and perhaps the Council may wish to add a condition of approval, insuring permanent right of passage through the pedes- trian accessway by school children. In answer to Zoning Supervisor Roberts' question of making the require- ment a condition of approval of the tentative tract filed in conjunction with said conditional use permit, City Attorney Joseph Geisler advised that it would then become a public sidewalk, which would require maintenance and impose a liability on the City. He suggested if the Applicant of Conditional Use Permit No. 1366 would stipulate to the proposed added condition, it could be accom- plished without holding another public hearing. Zoning Supervisor Roberts reported that he just attempted to reach the Applicant's Agent, R. L. Armet of E.C.D., Incorporated, and was informed Mr. Armet was out of the State. On motion by Councilman Pebley, seconded by Councilman Dutton, public hearing on Conditional Use Permit No. 1366 was ordered to be scheduled, unless within one week, the Applicant or the Applicant's authorized Agent, stipulates in writing to provide pedestrian access for school children to and from school from Easy Way to Nutwood Avenue across his proposed project. MOTION CARRIED. Later in the meeting and before adjournment, Mr. A. A. Delessandro, 11607 Paramount Boulevard, Downey, representing Southern California Savings and Loan Association, owners of the property, and principals of the D & H Construction Company, advised of their awareness of the problem and agreed to comply with the request, asking that they be permitted to install a free-swinging, unlocked wrought iron gate for aesthetic purposes. Mr. Geisler advised that a gate of any kind indicates "no trespassing" and if allowed should be signed indicating that children are permitted to pass to and from school and thereupon suggested that the following condition of ap- proval be added: "The developer will provide pedestrian access for school child- ren to and from Easy Way to Nutwood Street in their plans and will by signing indicate that such passage way is available for children to and from school only". It was stipulated to by Mr. De]essandro, as owner, that the above con- dition was acceptable. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: The City Planning Commission pur- suant to Resolution No. PC73-2, recommended that an exemption declaration status be granted to the proposal under Conditional Use Permit No. 1366. On motion by Councilman Sneegas, seconded by Councilman Dutton, 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. With the added condition as agreed and stipulated to by Mr. Delessandro, no further action was taken on Conditional Use Permit No. 1366. TENTATIVE TRACT NO. 8196: Developer, D & H Construction Company, property located on the east side of Nutwood Street~ north of Katella Avenue, and contains 97 pro- posed PRD zoned lots (Conditional Use Permit No. 1366). On motion by Councilman Dutton, seconded by Councilman Sneegas, Tenta- tive Tract No. 8196 was approved as recommended by the City Planning Commission subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8196 is granted subject to the approval of Reclassification No. 68-69-85 and Conditional Use Permit No. 1366. 73-69 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 P.M. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. utilities.3. That all lots within this tract shall be served by underground 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 any proposed 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. 6. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 7. That a street knuckle be provided at the intersection of Crestwood Lane and Easy Way in accordance with the requirements of the City Engineer. 8. That prior to filing the final tract map, the applicant shall sub- mit to the City Attorney for approval or denial a complete synopsis of the pro- posed 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 pur- chasers of the project. 9. That a 6-foot masonry wall shall be constructed along the south and west property lines where adjacent to R-1 and R-A zoned property. 10. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council~ said fees to be paid at the time the building permit is issued. 11. %hat a 6-foot wide landscape buffer strip, including irrigation facilities, shall be provided on the south side of the accessway from Nutwood Street proposed to be adjacent to the required 6-foot masonry wall separating the R-A parcel from the accessway, landscaping plans to be submitted to and subject to the approval of the Development Services Department; and that pro- visions shall be made for perpetual maintenance of said landscaping, as stipu- lated to by the developer. MOTION CARRIED. VARIANCE NO. 2212 - TERMINATION: The City Planning Commission pursuant to Resolution No. PC73-4, recommended termination of Variance No. 2212 (Resolution No. 70R-536) for the construction 97-unit planned residential development on R-A zoned property located on the east side of Nutwood Street, north of Katella Avenue, as development of the property will now be in accordance with Conditional Use Permit No. 1366. RESOLUTION NO. 73R-33: Councilman Thom offered Resolution No. 73R-33 for adoption, terminating Variance No. 2212. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2212 AND DECLARING RESOLUTION NO. 70R-536 NULL AND VOID. Roll Call Vote: AY~: COUNCIL~N: NOES: COUNCILMEN: ABSENT: COUNCILMEN: gneegas, Stephenson~ Pebley~ Thom and Dutton None None The Mayor declared Resolution No. 73R-33 duly passed and adopted. VARIANCE NO. 2076 - TERMINATION: The City Planning Commission pursuant to Resolution No. PC73-3, recommended termination of Variance No. 2076 (Resolution No. 69R-345) for construction of a 97-unit planned residential development on R-A zoned property located on the east side of Nutwood street~ west of Easy Way~ as development of the property will now be in accordance with Conditional Use Permit No. 1366. 73-70 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 P.Mo RESOLUTION NO. 73R-34: Councilman Pebley offered Resolution No. 73R-34 for adoption, terminating Variance No. 2076. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH V.ARIANCE NO. 2076 AND DECLARING RESOLUTION NO. 69R-345 NULL AND VOID. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-34 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1368 AND ENVIRONMENTAL IMPACT REPORT NO. 78: Submitted by Anaheim Hills-Texaco Ventures, Incorporated, to establish an 84-unit one- and two-story planned residential development on R-A zoned property located on the north side of Nohl Ranch Road, east of Anaheim Hills Road, with waivers of: a. Lot frontage requirement. b. Minimum building site area. c. Minimum building site width. d. Minimum distance between buildings. e. Required walls. The City Planning Commission pursuant to Resolution No. PC73-10, recommended that E.I.R. No. 78 be adopted as Council's Statement pursuant to Resolution No. PC73-11, granted said conditional use permit subject to conditions. On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council received and accepted Environmental Impact Report No. 78 together with the Committee Analysis and City Planning Commission resolution thereof, and adopted report as the Statement of the Council. MOTION CARRIED. 1368. The City Council took no further action on Conditional Use permit No. TENTATIVE TRACT NO. 7444~ REVISION NO. 1: Developer, Grant Company of California, property located on the north side of Nohl Ranch Road, east of Anaheim Hills Road, and contains 84 proposed PRD zoned lots (Conditional Use Permit No. 1368). On motion by Councilman Dutton, seconded by Councilman Pebley, Tenta- tive Tract No. 7444, Revision No. 1 was approved as recommended by the City Planning Commission, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7444, Revision No. 1, is granted subject to the approval of Reclassification No. 71-72-44 and Conditional Use Permit No. 1368. 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 the vehicular access rights~ except at street and/or alley openings, to Nohl Ranch Road shall be dedicated to the City of Anaheim, 5. That the owner(s) o£ 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. 6. That any 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, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 7. 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. 73-71 City Hallt Anaheim~ California - COUNCIL MINUTES - January 30t 1973t 1:30 PoMo 8. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation, including but not limited to the articles of incorporation bylaws, proposed methods of management, bond- ing to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 9. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer and shall include construction of drainage facilities of a size and type sufficient to carry runoff waters originating from higher properties south of Santa Ana Canyon Road through said property to ultimate disposal as approved by the City Engineer. Reimbursement agreements may be made available to the developers of said property upon their request. 12. That the tract map shall be revised to reflect the potential for 31 additional parking spaces within open areas throughout the tract in the event of future needs, and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted to guarantee the improvement of said parking spaces in the event of a determination of parking shortages. 13. That the boundaries of the tract map shall be revised to indicate that no grading or construction would be performed on adjoining City of Anaheim properties, or in the alternate, that an agreement be entered into in a manner and form satisfactory to the City of Anaheim and approved by the City Attorney's Office as to any grading which may encroach onto City property adjoining said tract prior to the introduction of a final tract map. 14. That a special parking study be conducted to ascertain the normal parking demands as experienced by the developer in these forms of development, said study to be submitted to the Planning Commission for consideration prior to the filing of a final tract map. MOTION CARRIED. VARIANCE NO. 2352 - TERMINATION: At the request of the Applicant, the City Planning Commission pursuant to Resolution No. PC73-17, terminated Variance No. 2352 which was approved for the operation of a yarn shop in conjunction with a residential use as 1792 South Tiara Street, on the basis that the petitioner no longer intends to exercise said variance. The City Council took no further action on Variance No. 2352. ENVIRONMEN%AL IMPACT REPORT NO. 86 (RECLASSIFICATION NO. 72-73-17t CONDITIONAL USE FgRMIT NO. 1336 AND TRACT FO. 7878): Submitted by S & S Construction Company together with Committee Analysis pertaining to 85 proposed R-2 zoned lots on property located at the northeast corner of State College Boulevard and Wagner Avenue. On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Council accepted Environmental Impact Report No. 86 and Committee Analysis thereof, and adopted same as the Statement of the Council. MOTION CARRIED. FINAL MAP; TRACT NO° 7878: Developer, Woodbine Corporation of Beverly Hills; tract located on the northeast corner of State College Boulevardand Wagner Avenue) contains 85 proposed R-2 zoned lots (Reclassification No. 72-73-17 and Conditional Use Permit No. 1336). The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, necessary bonds have been forwarded to the City Attorney for approval and required fees paid. 73-72 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 PoM On the recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 7878 be approved, subject to approval of required bonds by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT NOo 85 (RECLASSIFICATION NOo 70-71-40): Submitted by Anaheim Hills Inc., together with Committee Analysis pertaining to the pro- posed Anaheim Hills Plaza Shopping Center site. On property located on the east side of the intersection of Anaheim Hills and Nohl Ranch Roads, south of Santa Ana Canyon Road. On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Council accepted Environmental Impact Report No. 85 and Committee Analysis there- of, and adopted same as the Statement of the Council. MOTION CARRIED. DRAINAGE AGREEMENT - YORBA SHOPPING CENTER (RECLASSIFICATION NOS. 64-65-64 AND 71-72-7): A drainage agreement executed by Alexander Haagen, Managing General Partner of the Yorba Shopping Center, was submitted and recordation thereof authorized on motion by Councilman Stephenson, seconded by Councilman Sneegas MOTION CARRIED. ' RESOLUTION NO. 73R-35 - AWARD OF WORK ORDER NO. 670-B: In accordance with the recom- mendations of the City Engineer, Councilman Dutton offered Resolution No. 73R-35 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES~ MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER~ FUEL AND WATER~ AND PERFORM- ING ALL WORK NECESSARy TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPERIAL HIGHWAY - SANTA ANA CANYON ROAD STREET IMPROVE- MENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 670-B. (Patco, low bid, $35,747.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-35 duly passed and adopted. RESOLUTION NO. 73R-36 - WORK ORDER NO. 659-B: Councilman Thom offered Resolution No. 73R-36 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 INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF OLIVE STREET AND VERMONT AVENUE~ IN THE CITY OF ANAHEIM~ WORK ORDER NO. 659-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 TMEREOF. (Bids to be Opened - February 22~ 1973~ 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-36 duly passed and adopted. 73-73 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - Januar~ 30~ 1973~ 1:30 P.M. PUBLIC IMPROVEMENT PROJECTS: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution Nos. 73R-37 and 73R-38 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-37 - WORK ORDER NO. 644-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE KELLOGG DRIVE STREET AND STORM DRAIN IMPROVEMENT~ ORANGETHORPE AVENUE TO LA PALMAAVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 644-B. (Silveri & Ruiz Construction Co.) RESOLUTION NO. 73R-38 - WORK ORDER NO. 803: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT~ LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER~ FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARy TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ TO WIT: THE MAXWELL PARK PARKING LOT ADDITION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 803. (Sully-Miller Contracting Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-37 and 73R-38 duly passed and adopted. RESOLUTION NO. 73R-39 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No 73R-39 for adoption. · Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Everett H. Miller, Elma M. Miller, Everett H. Miller, Jr., Brookmore, Inc., Village Park Co., Dorothy-O Warmington Construction Co.; Bernard B. and Florence Roth) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-39 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Thom, seconded by Councilman Pebley, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for municipal purposes pur- suant to Resolution No. 71R-461, formerly assessed to Shozi, et al, deed re- corded January 15, 1973 as Document No. 12013 in Book 10515 at Page No. 101~ Official Records of Orange County California. MOTION CARRIED. PURCHASE OF EQUIPMENT - 69KV SWITCHES: The City Manager reported on informal bids received for the purchase of 16 69KV disconnect switches, 8 of which switches are to be furnished with ground switches, and recommended acceptance of the lowest qualified bid meeting specifications: VENDOR TOTAL AMOUNT~ INCLUDING TAX Allis Chalmers, Los Angeles $33,936.00 Cole Electric, Culver City 41,067.60 Cole Electric (Alternate - does not meet spec) 24,687.60 73-74 City Hall~ Anaheim, California - CouncIL MINUTES - January 30, !97.3, 1:30 P.M. On motion by Councilman Stephenson, seconded by Councilman Pebley, the low, qualified bid of Allis Chalmers was accepted and purchase authorized in the amount of $33,936.00, including tax. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Pebley. a. Claim submitted by Agnes J. Marovich for purported personal injuries resulting from treatment by the Anaheim Police Department, on or about October 25 and December 22, 1972. b. Claim submitted by Richard C. Gunter, for purported personal property loss sustained on or about January 4, 1973. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Sneegas: a. Public Utilities Commission - Case No. 8993: Notice of Further Hearing - Investigation on the Commission's own motion into the rules pertaining to underground extensions to commercial and industrial developments and to indivi- dual customers of all electric and communication public utilities in the State of California. Investigation on the Commission's own motion into mandatory require- ments for underground extensions. b. Greyhound Lines - West - Notice - Re: Application No. 53787 before the Public Utilities Commission requesting an increase of six per cent in its passenger fares and express and interline express rates. c. Before the Public Utilities Commission ~ Application No. 53797 of Southern California Gas Company for (a) A general increase in its gas rates and (b) For authority to include a purchased gas adjustment provision in its tariffs. d. Orange County Transit District - Resolution - Requesting that con- sideration be given to access to transit facilities when planning for and approv- ing new developments and when improvements are made to existing highways, streets and sidewalks. e. City of Fountain Valley - Resolution No. 7111 - Promoting employ- ment opportunities for the handicapped. f. Financial and Operating Reports for the months of November and December, 1972: Utilities Dept. (November-December) Fire Dept. (December) Police Dept. (December) Engineering Dept. (December) 1973. g. Orange County Mosquito Abatement District - Minutes - January 8, h. Anaheim Public Library Board - Minutes - December 18, 1972. MOTION CARRIED. SCHOOL TRAFFIC SAFETY COMMITTEE: Correspondence received from the Savanna School, Anaheim Union High School and Placentia Unified School Districts accepting repre- sentation on the City-School Safety Con~nittee and further requesting the estab- lishment of an expanded "City-Schools Safety and Planning Committee" to study and provide guidance in resolving the many varied matters that affect both schools and cities jointly, was submitted and ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. The City Manager advised that inasmuch as planning is to be incorporated into the scope of the Committee, perhaps Council should be represented on the Committee because policy, rather than administrative, matters will be discussed. APPOINTMENT - SCHOOL TRAFFIC SAFETY COMMITTE~: On motion by Councilman Stephenson, seconded by Councilman Pebley, the Mayor was appointed to represent Council on the School Traffic Safety Committee. MOTION CARRIED. ORDINANCE NO, 3129: Councilman Stephenson offered Ordinance No. 3129 for adoption 73-75 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 P.M. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.13.030(C-1), 18.18.030(2), 18.20.030(1) and 18.24.030(1) OF THE ANAHEIM MUNICIPAL CODE AND AMENDING TITLE 18~ CHAPTER 18.13, 18.18, 18.20 and 18.24 BY ADDING THERETO NEW SECTIONS 18.13.030(C-1), 18.18.030(2) 18.20.030(1), AND 18.24.030(1). ' Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3129 duly passed and adopted. ORDINANCE NO. 3130: Councilman Dutton offered Ordinance No. 3130 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- 6 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3130 duly passed and adopted. ORDINANCE NO. 3131: Councilman Stephenson offered Ordinance No 3131 for first reading. · AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-4 - R-3) ~EqUEST - VIETNAM VETERANS AGAINST THE WAR; INC.: The City Clerk reported that the request of Robert A. Mitchell, Vietnam Veterans Against the War, Inc., for permission to use Stoddard or Pearson Parks for the purpose of holding a peace rally has been verbally withdrawn. On motion by Councilman Stephenson, seconded by Councilman Dutton, withdrawal of request was accepted. MOTION CARRIED. SHARP SUBSTATION FOUNDATION DESIGN: The City Attorney reported that a letter has been received from Daniel, Mann, Johnson & Mendenhall, recormnending the use of piling under the foundation to accommodate the soil conditions ak the Sharp Sub- station site, resulting in considerable savings to the City. He advised the that the new concept of using piles necessitates redesigning the foundation for the Sharp Substation site and the estimated cost for the additional work is $1,500.00. On recommendation of the Utilities Director, authorization for a change in the engineering agreement with Daniel~ Mann~ Johnson & Mendenhall, for an amount not to exceed $1,500.00, to redesign the foundation for the Sharp Substation, utilizing piling under the foundation~ was granted on motion by Counc{lman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. RESOLUTION NO. 73R-40: Councilman Sneegas offered Resolution No 73R-40 for adoption. · Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PERMITTING EL MODENA HIGH SCHOOL TO UTILIZE THE ANAHEIM HILLS GOLF COURSE. "2-76 7 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30, 1973~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-40 duly passed and adopted. REVENUE SHARING FUNDS/SUPPLEMENT TO 1972-73 BUDGET: Mr. Murdoch referred to discussion at the meeting of January 23, 1973, relative to projects and priorities to be given to Revenue Sharing Funds received during the remainder of the 1972-73 Fiscal year and recommended action be taken so that the current budget being prepared (1973-74) can exclude those items expected to be accomplished with Revenue Sharing Funds. He briefed the following projects as tentatively approved: Chantilly Storm Drain - $420,000.00 Architectural fee - school swimming pool, joint construction (City's portion) - 17,000.00 Community Center Building Program - 240,000.00 Administrative Building - 333,000.00 Architectural fee - new branch library - 28,000.00 Police Communication Console - UHF System - 50,000.00 Police I.D. Bureau and Property Section expansion - 70,000.00 Police undercover vehicles - 8~000.00 Total 1,166,000.00 Councilman Thom moved the above list totaling $1,166,000.00 be approved as a supplement to the 1972-73 Annual Budget. Councilman Stephenson seconded the motion. MOTION CARRIED. REVENUE SHARING FUNDS/1973: Discussion was held relative to approval of projects and priorities expected to be accomplished with 1973 Revenue Sharing Funds. Mr. Murdoch reported that the total amount anticipated for 1973 is $1,201,000.00. Mr. Geisler noted Revenue Funds are allocated on a calendar y~ar while the City operates on a fiscal year. For this reason he was of the opinion that projects and expenditures could be tentatively approved at this time with the understanding there would no authorization of any of the items until funds are actually received; when funds are received both portions of the tentatively ap- proved program could be then authorized. Councilman Sneegas voiced reservations to tentatively approving spe- cific projects recommended for 1973 on the basis that certain items call for further research before an allocation or a commitment is made such as the $16,000.00 amount recommended for additional "crossing guards". He questioned what would happen with on-going programs, such as the crossing guards, if Revenue Sharing Funds were no longer available. PROBEYE EQUIPMENT: Mr. Murdoch advised there was one item allocated in the 1973 spending being the purchase of a probeye in the amount of $6,500.00 for trial by the Police, Fire, Utilities and Public Works Departments which he recommended be finalized at this time. Mr. Murdoch further explained that Mr. Bill Armstrong, Research Technician, while in the employ of Northrup, under the Four-City Tech- nology Program, is assigned to the City of Anaheim and if the probeye equipment is to be tried it should be while Mr. Armstrong is still with the City. Mr. Murdoch explained that the probeye is a piece of equipment developed by Hughes approximately the size of a cigar box that you look through and in a smoke filled room can identify anything with latent heat such as the location of a heat source, or a body. In the Police application it can be used to identify the location of a body hidden by brush or shrubs. Mr. Murdoch advised that the Fire Chief and Police Chief have exper- imented with the equipment and feel it is valuable, however it has not yet been field tested, and this is what is proposed, and what they would like to do. He stated the urgency in this decision is to field test the equipment while the City has the services of Mr. Armstrong. 73-77 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30; 1973~ 1:30 P.M. Mr. Bill Armstrong reported that the probeye is a piece of equipment discovered in response to a problem reported by Chief Riley of visibility through smoke in fighting fires. Three tests have been made in which a 100% capability to view through dense smoke was demostrated. In Police surveillance, it can determine if a vehicle has just arrived or is a long standing vehicle. Further it is capable of observing people in a darkened area-it has promise in locating a transformer that would be going out. In answering questions raised, and further explaining the equipment, Mr. Armstrong reported that the sensitivity of the equipment is within 1/10th of a degree centigrade and operational costs for three hours is approximately 50 cents to $1.00. He stated that one unit sells for $8,000.00,'however he has negotiated with Hughes,and in the event the program in which he is involved sells four or more units, the price will drop to $6,500.00 per unit. He further advised that the hardware is truly a $20,000.00 piece of equipment and that Hughes has lowered the costs to this range in an attempt to enter and penetrate the civil sector and municipal market. In answer to question raised by Mr. Murdoch, Mr. Armstrong reported that the program in which he is involved closes the middle of September. At the conclusion of the discussion, it was determined that decision on the matter be deferred one week to consider further the testimony just given and the possible applications of the probeye equipment. GREENBELT AGREEMENT: Councilman Sneegas reported that at a recent meeting of the Greenbelt Committee, Section No. 7 of the proposed agreement was totally re- moved and will be rewritten thereby the Committee will have access to public information, such as proposed plans, and upon request will be furnished this information by member cities. REQUEST - AMENDMENT TO CITY CHARTER - ELECTION OF MAYOR: At the invitation of Councilman Thom, Mr. William D. Ebrle, 2211 East Romneya Drive, Anaheim, in- structor of American Government at Loara High School and Fullerton College addressed the Council advising that they have been studying State and local government for approximately four weeks during which time various City officials have attended their class and as a result several questions have been raised. He stated he has been asked by the students to be their spokesman and present these questions to the City Council. Mr. Ehrle stated that three pertinent questions have become critical to them in why city government was not moving toward a representative govern- ment. The three questions were as follow: 1. Why do we not have councilmanic districts? 2. Why do we not have a primary election? 3. Why do we not have direct election of the Mayor? As to the third question, Mr. Ehrle stated that Anaheim has always been a leader in many fields and now appears that it is lacking in the area of representative government. He thereupon requested that a charter amendment for the direct election of Mayor be placed on the April 1974 ballot. Mr. Ehrle presented the proposed charter amendment, being the proposal previously submitted by former Councilman and Mayor, Mr. Ralph Clark as prepared for him by the City Attorney Joseph Geisler. He stated that they wished to eliminate the present method of selecting a Mayor and give it to the people where he felt it belonged. He then read portions of the suggested charter amendment and advised it was their opinion that the citizens of Anaheim should not only have the privilege but the right of selecting their own spokes- man, representative, and ceremonial chief of the City. Councilman Thom stated that he was glad to see more people requesting this particular issue as he has been in favor of it since 1966 or 1968 and has presented it to the Council many times only to be unsuccessful. He agreed in the thrust of the proposal and thereupon offered a resolution that the measure be placed on the municipal election ballot in 1974. Councilman Dutton in answer to Mr. Ehrle, advised that the determin- ation made by the previous Councils has been that there are no divergent needs, 73-78 City Hall~ Anaheim~ California ~ COUNCIL MINUTES - January 30~ 1973~ 1:30 P.M. necessities or view points throughout the City of Anaheim as this is a homogenous community,and unlike a larger city such as Los Angeles,it is not spread out with diversified interests; that it was recognized over the years that the interest in "districts" was due to the difficulty candidates experienced being elected at large. Regarding the election of the Mayor, the people who appoint the Mayor are elected and do represent the citizens and voters of the community. Councilman Thom stated that he was not speaking of "districts" or anything else other than the issue that the citizens be allowed to state whether they want to change the Charter and elect the Mayor by direct vote,or whether they want to leave the Charter as it is. Councilman Dutton noted that another reason previous Councils have not placed this issue on the ballot is that under the present system, the Mayor is good only from one meeting to another, or from one week to another, and has only 20% of the vote and nothing more; that he is merely the chairman of the board and the ceremonial figure. Councilman Pebley felt it would be unfortunate to have an elected Mayor which would require a "recall" for his removal. Councilman Stephenson was of the opinion that Councilman Thom was ex- pressing the view point and wishes of a very minority number of people. He noted that every elected Councilman is a potential Mayor. Mr. Ehrle stated that they were only seeking more representative govern- ment and that he was totally opposed to a strong Mayor until the community reaches over one-half million population. Councilman Sneegas asked what the advantage of a strong Mayor would be when the population reaches one-half million. Mr. Ehrle replied that studies revealed that larger cities as a rule go to a strong Mayor. Councilman Sneegas asked if the same studies show that they operate more efficiently. Mr. Ehrle replied in the negative,and advised that he felt it would lead to larger bureaucracy, nepotism and favoritism. Councilman Pebley compared the City's form of government and Council that of a corporation and board of directors, such as a bank or General Motors, and felt it was the most honest and representative government that could be obtained. Councilman Sneegas expressed concern in arbitrarily placing the issue on the ballot without more expression from the people and stated that he would personally sign a petition, but was reluctant, as one member of the Council, to place it on the ballot where it becomes a fund raising campaign in support or defeat of it. He agreed that many people have a great misconception of what the Mayor's position is and they would be placed in the position of having to vote on something they might not truly understand. Councilman Dutton stated that the people who are dissatisfied with the existing type of government bave no point of reference because all they know is what is here~and if they had a point of reference they would appreciate the good government that they have here. To further clarify his position, Councilman Sneegas again stated that he would join those who want to petition for it to be placed on the ballot, but he would not be one of the five Councilmen to force it upon the people and require them to go to the polls and vote "yes" or "no". At the conclusion of the discussion, roll call was called on the resolution offered by Councilman Thom to place a measure on the April 1974 Mun- icipal Election ballot to provide for the election of Mayor. 73-79 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 30~ 1973~ 1:30 P.M. AYES: COUNCILMEN: Thom NOES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton ABSENT: COUNCILMEN: None The Mayor declared said resolution failed to carry. PROPOSED LEASE OF CITY PROPER.~__z_ZiON LUTHERAN CHURCH PROPERTY: At the invitation of Councilman Thom, Mr. Gray Kilmer, Insurance Broker, with offices at 617 South Harbor Boulevard, Anaheim, representing a group desiring to lease the property to be acquired by the City from the Zion Lutheran Church located at Emily and Chartres Streets addressed the Council. He reported that last week after contacting Mr. Murdoch who referred him to Mr. Piersall,who polled the Council by telephone,there was a tentative agreement to rent the sanctuary and older home on the property to them for $300.00 per month. He further advised that the reason for haste was that they had been discussing leasing the property with the church people when the City authorized purchase of the property last Tuesday, and a work party had been scheduled for Saturday and approximately 50 to 100 people painted and cleaned the property. They are now ready to install carpeting in the older home and are hesitant to make any further investment until assurance is obtained that they can have the property. He thereupon requested the Council proceed with the leasing of the property to them tentatively to the closing of escrow with the Zion Lutheran Church people for as long a period as possible, and at least two or three years. Mr. Geisler advised that the City first does not yet have title to the property and cannot lease it, and second it would be improper to permit the people from which the property is being purchased to lease it, and third it isn't just a matter of leasing public property, it must be done at market value or to the highest bidder. According to his information there were other people interested in the leasing of the property and the City at this time does not have all the fac~and are not able to make a commitment or do anything until the escrow closes. Mr. Geisler further advised that the escrow will not close until a preliminary title report is received and checked by his officer Mr. Kilmer stated that in the meantime according to the Zion Lutheran Church people it was permissible for them to use the property. The City Council indicated that they would have no authority regarding said arrangements. RECESS - EXECUTIVE SESSION: On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Council recessed to executive session for the pur- pose of considering proposals for the position of Golf Pro at the Anaheim Hills Golf Course. MOTION CARRIED. (4:45 P.Mo) AFTER RECESS: The City Council returned to the Council Chambers, all members being present. (5:00 P.M.) ANAHEIM HILLS GOLF COURSE - GOLF PRO: Mr. Murdoch reported that Mr. Nick Cassa who the Council previously approved for the employment as "Golf Pro" at the Anaheim Hills Golf Course has withdrawn his proposal for this position and recommended the Council authorize negotiations to contract with Mr. Robert Killion. Councilman Pebley moved that the second highest proposal, that of RobertKillion, be received and the City Attorney authorized to draft an agree- ment for further Council approval. Councilman Stephenson seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn, Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 5:10 P.Mo