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1973/02/0673-80 ,C.ity Ha!l; Anaheim; California - COUNCIL MINUTES - February 6; 1,973; 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust UTILITIES DIRECTOR: Gordon W. Hoyt FIRE CHIEF: James W. Riley PERSONNEL DIRECTOR: Garry McRae CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: Don McDaniel CHIEF BUILDING INSPECTOR: Dan Van Dorpe Mayor Dutton called the meeting to order. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Dutton and unani- mously approved by the City Council: "Teen Challenge Week" - February 11 to 18, 1973. Mr. Jene C. Wilson, Executive Director, Orange County Teen Challenge, accepted the proclamation on behalf of the Teen Challenge staff. BOY SCOUTS OF AMERICA - CONSERVATION PUBLIC SPEAKING PROGRAM: Mr. Ken Clements, Public Information Officer, introduced Eagle Scouts Garry Syperda, Jr., of Troop No. 75 and Don Van DeWarker, Troup No. 163, who delivered ecology speeches entitled, "America, The What?" and "It's Our Problem". At the conclusion of both talks, Mayor Dutton presented the Scouts with an Anaheim "A" symbol, and expressed Council's appreciation and congrat- ulations on their presentations. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni, of the City Personnel Department, introduced 14 new employees attending the Council meeting as part of the City's orientation program. Mayor Dutton welcomed the new employees. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meetings held January 16, January 23 and January 30, 1973 was deferred to the next Regular Meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $368,429.79, in accordance with the 1972-73 Budget, were approved. HOUSEMOVING - 825 NORTH JANSS STREET: Submitted by L. R. and Doris Henderson, re- questing a special permit to move a structure from 1144 Lombard Street to 825 North Janss Street. The City Clerk advised that it would be necessary to con- tinue said hearing to February 13, 1973 to comply with legal requirements on publication. Ohm orion by Councilman Stephenson, seconded by Councilman Pebley, public hearing on housemoving permit requested by L. R. and Doris Henderson was continued to February 13, 1973, 1:30 P.M. MOTION CARRIED. City Hall; Anaheim~ California - COUNCIL MINUTES - Februar~ 6; 1973; 1:30 P.M. PUBLIC HEARING - AMENDMENT TO TITLE 18~ ZONING: To consider amendment to the Anaheim Municipal Code, Title 18, Zoning, by adding thereto Chapter 18.14, establishing a new zone designated as R-H-22,000, Residential Hillside, Low Density Singl~ Family Zone. The City Planning Commission pursuant to Resolution No. PC73-25, recommended the adoption of said addition to Title 18, per Exhibit No. A. Mr. Don McDaniel, Development Services Department, reported that the R-H-22,000 zone is patterned very carefully after the R-E zone used to imple- ment development in the Peralta Hills area and was developed for two purposes: 1. To implement development of the Mohler Drive area which may annex to the City; 2. To facilitate additional development throughout the hill and canyon area. The primary difference between the R-E zone and the proposed R-H-22,000 is lot size, which requirement under the R-H-22,000 would be one- half acre. In addition, Mr. McDaniel reported the proposed zone would define front, side and rear setbacks more specifically than outlined in the R-E zone. To Councilman Pebley's query as to whether the property owners who may be affected by this proposed zone have been informed, Mr. Geisler advised that Council's action today will be to create a new zone, but it will not be applied to any specific parcel of property. The Mayor asked if anyone present wished to address the Council, for or against the proposed R-H-22,000 zone. Mr. Phil Joujon-Roche, representing the Santa Ana Canyon Property Owners Assocation, stated that this organization has informed their membership of the provisions in the proposed R-H-22,000 zone via a newsletter. He further stated that the homeowners organization worked together with the City staff in the preparation of the proposed zone and they are relatively satisfied that it will aid them in maintaining a rural community in the Santa Aha Canyon. The Mayor asked if anyone else wished to address the Council, hearing no response, declared the hearing closed. ORDINANCE NO. 3132: Councilman Thom offered Ordinance No. 3132 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW CHAPTER TO BE NUMBERED 18.14. (R-H-22,000) COUNCIL POLICIES PRIVATE ROADWAYS AND STREET IMPROVEMENTS: The City Planning Corznission pursuant to Resolution No. PC73-25, recormnended that the City Council amend Council Policy Nos. 206 and 207 to include theMohler Drive area, per Exhibit No. B. Mr. Don McDaniel reported that inclusion of the Mohler Drive area in Council Policy Nos. 206 and 207 would further facilitate its development sub- sequent to annexation. He indicated, using a map of subject area, that the proposed annexation would contain properties which may develop in a manner other than to the R-H-22,000, therefore the term "Mohler Drive Annexation area" would not be accurate~ and recommended that the amendment to Council Policy read: The Mohler Drive area as defined on a map on file in the office of the City Clerk. Following Council discussion it was agreed that the Mohler Drive area be included in policies similar to Nos. 206 and 207 and be designated as Council Policy Nos. 206A and 207A as follows: COUNCIL POLICY NO. 206A - PRIVATE ROADWAYS: It is the City of Anaheim's intent to allow private roads in the Mohler Drive area as defined on a map on file in the office of the City Clerk. It is also the intent of the City to permit the dedication of existing private-roadways in the area as they presently exist, provided that such private roadways are 73-82 City Hall~ Anaheimt California - COUNCIL MINUTES - February 6! 1973! 1:30 P.M. at least equal to or reconstructed to a condition comparable to the existing public streets in the area prior to the acceptance by the City of Anaheim; and that the acceptance of such private road as a public street would be in the public interest and not detrimental thereto. COUNCIL POLICY NO. 207A - STREET IMPROVE~NTS: It is the policy of the City Council that in the area known as Mohler Drive area as defined on map on file in the office of the City Clerk, the property owners shall not be required to install additional street improvements (curbs and gutters, paving, sidewalks and storm drains) or street lighting facil- ities, along presently dedicated streets, as a condition of approval for a parcel map or of occupancy of a residence under a building permit. Any necessary easements for additional streets, storm drains, sewers or other public utilities sh~ll be provided as required by the City Engineer and/or Utilities Director. It shall be the intent of the City Council that any street which may be dedicated to the City of Anaheim at a future date, or any private road- way, which may be required as a portion of a tract, parcel map or building permit, shall be paved as required by the City Engineer to a condition comparable to the existing public streets in the Mohler Drive area. It shall be the intent of the City Council that at such time as requested by a majority of property owners or as required by the City of Anaheim to safeguard the health, welfare and safety of the general public, that these improvements will be installed by formation of an appropriate special assessment district. PUBLIC HEARING - RECLASSIFICATION NO. 72-73T27 - REQUEST FOR E-~ION DECLARATION STATUS: Application by Frank Muller, requesting a change in zom~ from R-A to M-1 on property located north and east of the northeast corner of Lincoln Avenue and Crescent Way was submitted together with application for exemption declar- ation status. EXEMPTION DECLARATION STATUS: The City Planning Commission pursuant to Resolution No. PC72-334, recommended that exemption declaration status from Environmental Impact Report be granted. On motion by Councilman Thom, seconded by Council~mn Sneegas, the City Council received the application for exemption declaration status and determined that the impact of said project would be trivial in nature, thereby requiring no Environmental Impact Report or Statement by the Council. NOTION CARRIED. The City Planning ConWaission pursuant to Resolution No. PC72-334, recommended that Reclassification No. 72-73-27 be approved subject to the follow- ing conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That subject property shall be served by underground utilities. 3. That the final parking plan shall be approved by the Development Services Department and any landscaped areas in the parking area shall be pro- tected with 6-inch high concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces as required by the Development Services Department. 4. That drainage of .subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 5. That Condition Nos. 1, 2, 3 and 4, above mantioned, shall be com- plied with prior to final building and zoning inspections. Mr. Roberts briefed the. Council on the location of subject property and advised that the property to the north, east and west of this parcel is pre- sently zoned M-1. The Applicant proposes to construct industrial buildings on this site which would be in confot~nance with adjacent land use. Mayor Dutton asked if the Applicaat or his Agent w~re present and in concurrence with the recommendations of the City Planning Co~nission. 73'83 City HallI Anaheim; California - COUNCIL MINUTES - ~ebru&t-~r 6~ 1973; 1:30 P.M. Mr. Donald H. Yoder, 17291 Irvine Boulevard, No. 107, Tustin, repre- senting Mr. Frank Muller, Applicant, stated they would stipulate to the con- ditions set forth by the City Planning Commission. The Mayor asked if anyone in opposition to the zone change wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 73R-41: Councilman Stephenson offered Resolution No. 73R-41 for adoption, authorizing preparation of necessary ordinance changing the zone, as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF 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. (72-73-27 - M-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-41 duly passed and adopted. PUBLIC NEARING - RECLASSIFICATION NO. 72-73-29 - REQUEST FOR EXEMPTION DECLARATION STATUS: Application by Edwin E. Kettler, requesting a change in zone from R-A to C-2 on property located at the northwest corner of Palm Street and Ball Road was submitted together with request for exemption declaration status. EXEMPTION DECLARATION STATUS: The City Planning Commission pursuant to Resolution No. PC73-14, recommended that exemption declaration status be granted. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council received the application for exemption declaration status and determined that the impact of said project would be trivial in nature, thereby requiring no Environmental Impact Report, or Statement by the Council. MOTION CARRIED. The City Planning Commission pursuant to Resolution No. PC73-14, recommended that Reclassification. No. 72-73-29 be approved, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the cemterline of the street along Palm Street including a 15 foot radius property line return for street widening purposes. 2. That ali engineering requirements of the City of Anaheim along Palm Street including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks~ street grading and paving, drainage facilities, or other appurtenant work shall be complied with as re- quired by the City Engineer and in accordance w~th standard plans and specifi- cations on file in theoffice of the City Engineer; that street lighting facil- ities along Palm Street and Ball Road shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifi- cations on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirement. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15 cents per front foot along Palm Street and Ball Road for tree planting purposes. 4. That subject property shall be served by underground utilities. 5. That the owners of subject property shall pay the water assessment fees as determined by the Water Superintendent. 6. Prior to the introduction of an ordinance rezoning subject pro- perty, Con~ition Nos. 1,. 2, and 3, above mentioned, shall be completed. The 73-84 City Hall~ Anaheimt California - COUNCIL MINUTES - February 6t 1~73~ 1:30 P.M. 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. 7. That Condition Nos. 4 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. Mr. Roberts noted the location of subject property, the existing uses and zoning, advising that subject parcel is the only remaining property in the triangular area bounded by Harbor Boulevard, Palm Street and Ball Road, which is zoned R-A, the remainder being C-2 and C-3, and the C-2 zone requested would be compatible. The Applicant intends to develop the property to commercial uses in the future in conjunction with the reconstruction of the adjacent service station to the west. The Mayor asked if the Applicant was present and satisfied with the recommendations of the City Planning Commission. Mr. Edwin E. Kettler, 501 West Ball Road, stated that with the previous dedication of 23 feet along the Ball Road frontage, the requirement for dedica- tion of a 32 foot strip along Palm Street will reduce the usable property to an extent where it will no longer be practical. It was further his opinion that Palm Street should be changed to a one-way street running north since the traffic creates a hazard when intersecting into Ball Road. Mr. Maddox, City Engineer, advised that the possibility of converting Palm Street to a one-way north bound street has been considered as well as a possible abandonment of the street, however no decision has been made. He sug- gested that the wording of the first condition be amended to indicate that the Applicant shall deed to the City a maximum of 32 feet in width from the center- line of the street along Palm Street, as may be required by the City, which word- ing would allow the City to adjust the dedication to a lesser amount if it is found that 10 foot is not necessary, and at the same time would limit~the City to a maximum of 32 feet from the centerline. Councilman Pebley noted that according to the plot plan submitted~ the dedication required under this reclassification for the improvement of Palm Street, would be useless unless a similar dedication is obtained for the balance of the frontage on Palm Street to the north, which he noted is not likely as these properties are already developed commercially. He recommended that if the City requires additional width on Palm Street, that it be obtained from the east side of the street which is undeveloped. The Mayor asked if anyone else in favor or opposition to the proposed change in zone wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 73R-42: Councilman Stephenson offered Resolution No. 73R-42 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission with the following amendment to Condition No. 1. 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land a maximum of 32 feet in width from the centerline of the street along Palm Street including a 15 foot radius property line return for street widening purposes, as may be required by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-29 - C-2) Roll Call Vote: 73 -85 City Hall! AnaheimI California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. AYES: COUNCIIRMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCII2~EN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-42 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-30 AND CONDITIONAL USE PERMIT NO. 1367 - REQUEST FOR ~.XgMFI'ION DECLARATION STATUS: Submitted by Gall and Muriel Vary, to- gether with request for exemption declaration status, requesting a change in zone from R-2 to M-1 to establish an outdoor recreational vehicle storage yard on property located at the southwest corner of Santa Aha Street and Lemon Street, with waivers of: a. Required enclosure of outdoor uses. b. Minimum setback adjacent to a local street. EXEMPTION DECLARATION STA~.US: The City Planning Commission pursuant to Reso- ution No. PC73-15, recommended that exemption declaration status be granted. On motion by Councilman Thom, seconded by Councilman Stephenson, the City Council received the application for exemption declaration status and determined that the impact of said project would be trivial in nature,thereby requiring no Environmental Impact Report, or Statement by the Council. MOTION CARRIED. The City Planning Commission pursuant to Resolution No. PC73-15, recommended approval of Reclassification No. 72-73-30, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land for a 15-foot radius property line return at the inter- section of Lemon and Santa Ana Streets. 2. That street lighting facilities along Lemon and Santa Aha Streets shall be installed as required by the Director of Public Utilities and in accor- dance with standard plans-and specifications on file in the office of the Dir- ector of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the install- ation of the above mentioned requirements. 3. That the sidewalks and driveways shall be installed along Santa Ana Street as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 4. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, 3, above mentioned, shall be completed. The pro- visions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City CounCil may grant. 5. That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 1367. The City Planning Commission pursuant to Resolution No. 73-16, granted Conditional Use Permit No. 1367, denying waiver b. and granting waiver a. only as it applies to the west property line, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the com- pletion of Reclassification No. 72-73-30, now pending. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That subject property shall be served by underground utilities. 5. That a 6-foot masonry wall shall be constructed along the south, north and east property lines. 6. That any parking area lighting proposed shall be down-lighting, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 7. That subject property shall be developed substantially in con- formance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1 provided, however, that the ingress-egress nearest Santa Aha 73-86 City Hall~ Anaheim; California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. Street shall be deleted, that the required 6-foot masonry wall shall be located five feet inside the property line and the proposed landscaping shall be planted in the required 5-foot local street setback. 8. That Condition Nos. 2, 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. 9. That Condition No. 1, above mentioned, shall be complied with prior to the time that the building permit is issued or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Coranission or City Council may grant. Mr. Roberts briefed the findings of the Planning Commission, noting that the Applicant's proposal is to utilize the property for a recreational vehicle storage yard, with dump station and spaces for 44 vehicles of various sizes. The proposal indicates a chain link fence rather than the required masonry wall, said fence to be located on the property line, thereby necessitating waiver of the required five foot setback with landscaping. Plans also propose two drive- ways on the Lemon Street frontage and one on Santa Ana Street. Mr. Roberts advised the City Planning Commission recommended approval of the reclassification and approval of the conditional use permit, in part, and that that one of the driveways on Lemon Street be eliminated due to traffic con- flicts; that the waiver of the six-foot block wall on the south property line be denied because of the abutting R-2 zone. The Planning Commission further felt that the six-foot block wall should be constructed along the Santa Ana and Lemon Street frontages, not at the property line, but at the required five-foot setback, because of the sight distance problem at the intersection of Lemon and Santa Aha Streets, and for aesthetic purposes. Councilman Pebley left the Council Chambers. (2:10 P.M.) The Mayor asked if the Applicant or his Agent were present and satis- fied with the recommendations of the City Planning Coranission. Mr. Gail Vary, Post Office Box 67, Anaheim, asked that the Council reconsider Condition No. 5 as set forth by the Planning Commission under Condi- tional Use Permit No. 1367, regarding the six-foot masonry wall as it pertains to the Santa Ana Street and Lemon Street frontages. He stated that he was in agreement with this requirement for the south property line and also with the five-foot landscaped setback requirement, but felt that due to the nature of the business he proposes, and the necessity for motorist's visibility at the inter- section, that the chain link fence would be preferable on the north and'east sides of the property. He also noted the masonry wall around the Anaheim Truck and Transfer property to the east, and that they are continually painting out ob- scenities and filth written on the wall, and stated he did not want that happen- ing to his property Mayor Dutton asked if anyone else in favor, or opposition, to the pro- posal wished to address the Council. Mrs. Jean Morris, 400 South Torrey Pine Circle, requested that the Council require the six-foot masonry block wall fence to be constructed as recom- mended by the City Planning Commission along the Santa Aha and Lemon Street front- ages because, in her opinion, the recreational vehicle storage area will not be particularly attractive and a block wall requirement is not unreasonable for this type of use. The Mayor asked if anyone else whished to address the Council, there being no response, declared the hearing closed. Councilman Sneegas observed that the chain link fence by allowing more visibility onto the property for motorists, would also afford greater security. He felt, that recreational vehicles themselves are not unsightly, however, the overall attractiveness of the operation would depend on the degree of maintenance. Mayor Dutton stated that to his knowledge, Mr. Vary has lived in this City practically all his life. That he is a building contractor and has done a great deal of building in this City, all of which has been first class construc- tion, and he was personally confident Mr. Vary would properly maintain whatever he builds and owns. Councilman stephenson concurred. Councilman Pebley returned to the Council Chambers. (2:20 P.M.) RESOLUTION NO. 73R-43: Councilman Dutton offered Resolution No. 73R-43 for adoption, authorizing preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission. 73-87 City Hall, Anaheim~ California - COUNCIL MINUTES - Februar~z 6; 1973~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD' BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-30 - M-i) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Pebley ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-43 duly passed and adopted. RESOLUTION NO. 73R-44: Councilman Dutton offered Resolution No. 73R-44 for adoption, granting Conditional Use Permit No. 1367 in part, subject to the conditions recommended by the City Planning Commission with the following amendments to Condition Nos. 5 and 7: 5. That a six-foot masonry wall shall be constructed along the south property line. 7. That subject property shall be developed substantially in con- formance with the plans and specifications on file with the City of Anaheim marked Exhibit No. 1, provided, however, that the ingress-egress nearest Santa Ana Street shall be deleted, and that a six-foot high chain link fence shall be constructed along the west property line and at the rear of the required setbacks along Santa Aha and Lemon Streets, and that said setbacks shall be landscaped in conformance with the standards of the M-1 zone. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1367, IN PART. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Pebley ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-44 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2451; TENTATIVE TRACT NO. 8075; REVISION NO. 2 - ENVIRONMENTAL IMPACT REPORT NO. 73: Submitted by Anaheim Hills, Inc., and Texaco Ventures, Inc., requesting certain code waivers to permit the establishment of a 184-1ot proposed R-1 subdivision on R-A zoned property located on both sides of Serrano Avenue, northeast of Serrano Avenue and Nohl Ranch Road. The. City Clerk advised that written request had been received this date from Mr. Horst J. Schor, Vice President, Anaheim Hills Inc., for continu- ance of the scheduled public hearing on the above items to February 20, 1973. At the request of Councilman Thom, said letter was read in full. On motion by Councilman Dutt0n, seconded by Councilman Sneegas, public hearing on Variance No. 2451, Environmental Impact Report No. 73 and action on Tentative Tract Map No. 8075, Revision No. 2, was continued to February 20, 1973. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Frances B. Gonzales, on behalf of Soctedad Progresista Mexicana ~24, for permit to conduct public dance on February 11, 1973 at Carpenter's Hall, 608 West Vermont Avenue, was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as reco~nded by the Chief of Police and that two. private security officers and one matron be hired to police the dance, on motion by Councilman Stephenson, seconded by Councilman Thom. MOTION CARRIED. 73-88 City Hall~ Anahetm~ California - COUNCIL MINUTES - February 6~ 1973~ 1.'30 P.M.~ REQUEST - TEMPORARY CONDITIONAL PERMIT - ORANGE TREE MOBIL~HOME PARK: Submitted by Mr. John G. Stanaland, Vice President, Campanula Properties Inc., requesting a conditional permit be issued to allow the Orange Tree Mobilehome Park located on the east side of Douglass Street, north of Katella Avenue, to operate while they install "?" traps throughout the mobilehome park in compliance with the provisions of Title 25, Chapter 5, Section 5536 of the California Administrative Code. The City Clerk advised that the Development Services Department has received verbal request from the Applicant asking that consideration of their request be continued for five weeks. On motion by Councilman Dutton, seconded by Councilman Stephenson, subject request was continued to March 13, 1973. MOTION CARRIED. VARIANCE NO. 2144 - REqUEST FOR EXTENSION OF TIME: Request of Herman Margulieux, Herman's Produce, for a two-year extension of time to continue a commercial pro- duce market on R-A zoned property located near the southwest corner of Cerritos Avenue and Euclid Street, together with reports from the City Engineer and Development Services Department, was submitted. The City Clerk advised that a petition, purportedly containing 1967 signatures of Anaheim residents, requesting that the produce market be permitted to continue operation at this site was submitted. At the request of Councilman Dutton, the preface statement to the petition was read. Councilman Dutton reported that he had personally investigated one of the signatures on said petition and had discovered that the signer was not aware that the produce market does not conform to City codes, and that the property owner's steadfast refusal to dedicate the necessary easement required for street improvement has created a hazardous traffic situation on Euclid Street. He fur- ther advised that this dedication had at one time been agreed to, but has never been consumated. Mr. Herman Margulieux stated that he had obtained approval from the Rannow sisters, the property owners, to agree to the dedication, however they had asked that the City stipulate they would be absolved from all costs for curbs and sidewalks, and when the City refused to give such a guarantee, they were no longer agreeable to dedicating the property. He contended that he had performed all of the work on his produce stand required to comply with the conditions pursuant to Resolution No. 70R-100. He advised that his lease on said property will not ter- minate for two years, and since he has made a substantial investment, he wishes to remain in 'operation for the duration of his lease. Councilman Thom felt it was a problem of semantics, i.e., the Rannow sisters would dedicate the land if made to understand they will not be required to absorb the costs of sidewalks, curbs and gutters unless and until the property is developed. Mr. Geisler clarified the City's position for Mr. Margulieux~ stating that the City will not guarantee that it will assume the costs of sidewalks, curbs and gutters, and this cost will remain the obligation of the property owner, however, said obligation will not become due until such time as the property is developed. Councilman Dutton was of the opinion that it was unfair to the remain- der of the citizens to allow this operation to continue without conforming to C-1 site development standards as all other retail operations are required to do. Further he noted that the Applicant has had three years to comply with conditions set forth and has failed to do-so~ therefore no further extension of time should be granted. Mr. Davis advised that Mr. John Harding has been in touch with Mism Rannow recently regarding this situation and she informed him she would never dedicate the property. Mr. Margulieux contended that if given the opportunity, he would be able to persuade the Rannows to dedicate the required strip of land. Councilman Dutton moved to defer this request for one week to allow Mr. Margulieux an opportunity to produce the required deeds for the future widening of Cerritos Avenue and Euclid Street. 73-89 City Hall~ Anaheim~ California - COUNCIL MINUTES - Februar~ 6~ 1973~ 1:30 P.M. Mrs. Jean Morris, 400 South Torrey Pine Circle, stated she was one of those who had signed the petition requesting that "Herman's Produce" be allowed to remain in operation, and advised that she considered the situation on Euclid Street hazardous, and noted that this is compounded by the patrons' of this produce market either entering or exiting. Further, she also feels it is not fair to allow an operation to continue which does not comply with City codes and laws. She had been informed, when asked to sign the petition, that the business would be closed and that apartment units would be built on that site, and it was for that reason that she had signed the petition. Councilman Sneegas referred to the many complaints he has received from adjacent property owners relative to the operation of the stand, and stated he did not want to leave the impression that street dedication was the only conditions to be complied with, as in his opinion the entire stand should be brought up to code. He noted from the report of the Development Services Department that the trash storage area does not comply with Condition No. 2 and that a travel trailer has been moved to the rear of the stand in violation of Code. He thereupon requested that the Development Services Department provide Council with a report on the current status of the produce stand, and summariz- ing what efforts have been made by the Applicant to conform to those conditions set forth three years ago, pursuant to Resolution No. 70R-100. Councilman Dutton amended his foregoing motion to allow for a two week continuance for receipt of the up-dated Development Services Department report as well as the dedication required for improvement on Cerritos Avenue and Euclid Street. Councilman Stephenson seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1358 - REQUEST FOR RE-HEARING: Request of Mr. V. Shellenberg, Jr., Area Manager, The Bubble Machine, dated February 1, 1973, for re-hearing on Conditional Use Permit No. 1358 previously denied following public hearing January 30, 1973 pursuant to Resolution No. 73R-32, was sub- mitted for Council consideration. Mr. Shellenberg indicated that he will be able to illustrate, using a detailed sound report prepared by a certified acoustical engineer, that the proposed car wash operation will comply with the City of Anaheim's sound level ordinance. In addition, he requested that Mr. Kelley of the Development Services Department be allowed to accompany the acoustical engineer so as to be able to certify to the report's.accuracy and objectivity. Councilman Stephenson moved that re-hearing on Conditional Use Permit No. 1358 be denied. Said motion died for lack of second. Councilman Dutton moved that the City Council grant a re-hearing to Conditional Use Permit No. 1358, 'subject to payment of the $50.00 fee. Councilman Sneegas seconded the motion. On roll call vote, at the request of Councilman Dutton, the foregoing motion failed to carry by the following vote: AYES: COUNCILMEN: Sneegas and Dutton NOES: COUNCILMEN: Stephenson and Thom ABSTAINED: COUNCILMEN: Pebley ABSENT: COUNCILMEN: None Councilman Sneegas observed that the City Council has denied three other proposed car wash operations on the basis of noise and com~aented that he would llke to hear expert testimony on the subject, after which Council could decide for itself whether or not the scientific evidence is conclusive. Councilman Dutton re-stated the foregoing motion and requested another roll call vote. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT:. COUNCII/~N: Sneegas, Pebley and Dutton Stephenson and Thom None MOTION CARRIED. 73-90 City Hall~ Anaheimt California - COUNCIL MINUTES - February 6~ 1973t 1:30 P.M. The City Council indicated they would have no objection to Mr. Kelley accompanying the acoustical engineer. RECESS: Councilman Thom moved for a five minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (3:20 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (3:25 P.M.) REQUEST FOR CLARIFICATION - ORDINANCE NO. 3129 (REPEALING AND AMENDING TITLE 18 - FRONT YARD.SETBACKS): Mr. Don McDaniel, Development Services Department, reported that Ordinance No. 3129, adopted subsequent to the establishment of the front yard setback in the RS-5000 zone, for the purposes of conforming the same set- back requirements in all residential zones, is worded in such a manner that it's intent is ambiguous. He displayed three graphic representations, Exhibit Nos. A, B and C, showing two possible interpretations of Ordinance No. 3129 as it is presently written, and the setback required prior to amendment. He pointed out that under the current ordinance, it would be legal to place the entire dwelling unit five feet from the front property line and garage within six feet, as seen in Exhibit No. A. He requested direction from Council so that the ordinance correctly re- flects their intent. The Council indicated that Exhibit No. C, showing the garage only with- in the variable six to ten-foot setback illustrates their intent when amending the Code. It was a consensus of Council opinion that the ordinance was not meant to permit a reduction of the 30-foot setback requirement for the dwelling unit structure itself, but that it should apply only to the garage under certain con- ditions. Mr. Ron Thompson advised that in order to assure Council's intent is implemented it will be necessary to prepare a new ordinance, replacing Ordinance No. 3129 and Development Services Department together with the City Attorney's Office will jointly draft said ordinance for Council's further consideration. ANAHEIM MEMORIAL HOSPITAL - INCORPORATE ADDITIONAL PARCEL INTO RECLASSIFICATION NO. 72-73-34 AND CONDITIONAL USE PERMIT NO. 1375: Mr. Roberts recon~nended Lot No. 50 of Tract No. 1691 be included in the petitions submitted by the Anaheim Memorial Hospital under Reclassification No. 72-73-34 and Conditional Use Permit No. 1375 for the expansion of the hospital. He advised that there is a reasonable prob- ability that the hospital will acquire Lot No. 50 prior to the completion of processing of said reclassification petition, and the inclusion of the parcel at this time will eliminate the need for a separate petition and additional hearings, thereby saving administrative costs to the City. Mr. Roberts stated that this proposal to incorporate the parcel was presented to the Planning Commission and it was their opinion that they should not initiate a zoning change on property without written consent of the owner, which staff has been unable to obtain. He further advised that it is the recom- mendation of staff that reclassification, if approved, be contingent upon owner- ship of the parcel by the hospital. Councilman Thom related that he had received information from ~a pro- perty owner adjacent to subject parcel that this property is in probate and that the owner is not agreeable to the reclassification of his property. Councilman Thom stated he himself would be reluctant to impose zoning on a property without the owner's written authorization. Mr. Geisler explained that if the lot was included, the resolution of intent will also cover this parcel, but if ownership of the property is not ob- tained by the hospital, the ordinance changing the zone on that one lot would not be read, and therefore it would remain R-l, and if necessary the Council could take action to remove the lot from the resolution of intent. 73-91 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Council authorized inclusion of Lot No. 50, Tract No. 1691 in Reclass- ification No. 72-73-34 and Conditional Use Permit No. 1375 proceedings and if approved to be subject to ownership by the Anaheim Memorial Hospital prior to adoption of the ordinance. MOTION CARRIED. FINAL MAP; TRACT NO. 5019: Developer, Nick Pokrajac; tract located on the southeast corner of Blue Gum Street and Coronado Street, containing 14 M-1 zoned lots. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, that bonds have been posted, and required fees paid. In his supplemental report, submitted this date, the City Engineer further recommended that approval be subject to finalization of the deed of trust, and subsequently the application of the necessary signature to the map to be the responsibility of the Title Insurance and Trust Company, and be affixed prior to recordation. Councilman Dutton moved that Final Map, Tract No. 5019 be approved subject to the recommendations of the City Engineer. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 73R-45 - WORK ORDER NO. 669-B: Councilman Pebley offered Resolution No. 73R-45 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 MODIFICATION, FURNISHING AND INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF HASTER STREET AND KATELLA AVENUE AND KATELLA WAY AND KATELLAAVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 669-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 - March 1, 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-45 duly passed and adopted. RESOLUTION NO. 73R-46 - DEEDS OF EASEMENT~ Councilman Pebley offered Resolution No. 73R-46 for adoptiOn. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Richard B. and Marguerite MacMurray; Robert H. Grant Corporation; Jed Development~ Inc.; Casa Pacifica; James H. Sauls, Jr. and Doris Sauls; Mobilease Corp.; Albert P. and Veda-K. Gimenez; Ronald H. and Dorothy E. Field; Susie J. Pebley; Conrad L. Crain; Claude C. and Louise V. Keele, Oren L. and Opal N. Underwood; Sunm~er Gates; Clifton D. and Frances J. Harris; Richard B. and Marguerite MacMurray; Alan Reed Wagner; Alan Reed Wagner; George and Irene B. Ferguson; Orville L. and Lucille L. Oden; Kehneth Keese and Marilyn Keese; Heinrich and Martha Vitro; Harold B. and Else Karen Tinlin; Ruth Madeline Hersh; Fo~rest M. Parker; Myrtle E. Davis; Sylvia S. and Joe Dart Stalcup, Morris F. Goodman; Donald R. and Arlene C. Watt) Roll Call Vote: 73-92 City Hall, Anaheim; California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-46 duly passed and adopted. PURCHASE OF EQUIPMENT - 15 KV. URD CABLE: Mr. Robert Davis reported on informal bids received for the purchase of 15 KV. URD cable for the Electrical Division as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT; INCLUDING TAX G. E. Supply Co., Anaheim - $ 9,316.13 Westinghouse Electric Supply Co., Anaheim 9,807.00 Maydwell & Hartzell, Los Angeles ......... 10,308.48 Alcan Cable, Fullerton ............... 10,775.10 Graybar Electric, Anaheim .............. 11,074.88 On motion by Councilman Pebley, seconded by Councilman Stephenson, the low bid of G. E. Supply Company was accepted and purchase authorized in the amount of $9,316.13, including tax. MOTION CARRIED. ZION LUTHERAN CHURCH PROPERTY: Mr. Geisler reported that the trustees of the Zion Lutheran Church property are in the East and the Church has not yet requested reconveyance, so it is anticipated the transaction will not be complete for another three weeks. PURCHASE OF EQUIPMENT - PROBEYE: Mr. William Armstrong, Systems and Research Division, introduced Mr. Bob Casper of Hughes Electronics, the inventor and developer of a infra-red equipment called a "Probeye" similar to hardware developed for the military and forestry service. Mr. Armstrong explained the theory of operations, the fundamentals and with the aid of transparencies illustrated the results of smoke and fire tests performed with the Probeye hardware in Anaheim, Huntington Beach and Tacoma, Washington, He indicated other possible city applications for utilization of Probeye equipment, including electrical distribution system inspection; building electrical inspection; search and rescue; helicopter night surveillance; location of leaking water mains; location of small fractures in canyon walls; and criminal chase; among many others. He indicated that the cost for rental of equipment to check transformers, which is contemplated by Mr. Edwards at this time, would be $400.00 per day, or $2,000.00 a week. Mr. Armstrong explained that the costs of this unit is $8,000.00, $6,500.00 of which is proposed to be allocated from the 1973 Revenue Sharing Budget and the $1,500.00 balance to come from the Police Department and Fire Department Budgets; $750.00 each. If purchased in lots of four, he stated the City would receive a special price of $6,500.00 and if other sales result from the Anaheim Technology Transfer Program, the City would receive a rebate of $1,500.00. Mr. Casper then demonstrated the use of the Probeye to each of the Councilmen. Fire Chief James Riley stated that testing of this equipment has proven it to be a viable product and he would like to place one in the Battalion Chief's vehicle which would then put it in service on all structural fires. He felt it would be of use to the Fire Department in location of the heat source, especially in large structures which rapidly fill with smoke. He further, commented that if the fire service is going to produce any improvement in fire protectionvia this type of equipment it would be necessary to physically have one available to them at all times in order to assess its capabilities under actual fire conditions. Above and beyond this application, he noted that the Police and Utilities Depart- ments as well as Public Works will undoubtedly find areas in which the device may be employed. Councilman Sneegas asked whether it would be possible with this device to differentiate between structural members, hot water lines, electrical conduit, etc., in a large structure when attempting to locate the source of fire. Mr. Riley answered that there is a wide variation in the brilliance of the infra-red gradients on the viewing screen, as these different items ~73'93 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. absorb heat in varying rates;in addition you can see outlines. He conceded that some training will be required to become expedient in the use of this device. In answer to Councilman Stephenson's question relative to how often the Fire Department encounters a situation in which they cannot detect the location of the blaze, Mr. Riley answered that this occurs rather frequently, and use of the Probeye may prove important even in those situations where there is very little fire at all, since it is the smoke that is generated that is the dangerous factor in-so-far as lives are concerned. Councilman Dutton moved that the Probeye be purchased out of 1973 Revenue Sharing Funds. Councilman Sneegas seconded the motion. Councilman Thom stated that he would prefer not to encumber the 1973 Revenue Sharing Supplemental Budget until such time as these funds are received and suggested that the $6,500.00 be advanced from the Council Contingency Fund and reimbursement be considered at such time as the 1973 Revenue Sharing Funds are received. Councilman Dutton amended the motion to authorize purchase of one Probeye from current funds. Councilman Sneegas seconded the amended motion. MOTION CARRIED. Councilman Thom moved that the sum of $6,500.00 be transferred from the Council Contingency Fund for the purpose of purchasing the Probeye Hard- ware. Councilman Sneegas seconded the motion. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim filed by Hazel Pauline Smith for personal damages purportedly resulting from negligence in investigation by the Anaheim Police Department, sustained on or about October 28, 1972, was denied and referred to the insurance carrier as recommended by the City Attorney on motion by Councilman Sneegas, seconded by Councilman Dutton. MOTION CARRIED. RESOLUTION NO. 73R-47 AGREEMENT NO. 2824 - STATE OF CALIFORNIA: The City Engineer reported that said agreement provides for a major modification of the La Palma Avenue - Brookhurst Street intersection ef the Santa Aha Freeway as indicated on a map posted on the east wall of the Council Chambers. He reported that the project is programmed for the 1974-75 fiscal year, with advertising for bids scheduled for April 1974. At the request of Councilman Pebley, Mr. Maddox gave a brief status report on other freeway crossings scheduled for modification. Councilman Dutton offered Resolution No. 73R-47 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA~-IM AUTHORIZING THE EXECUTION OF DISTRICT AGREEMENT NO. 2824 WITH THE STATE OF CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILI~EN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-47 duly passed and adopted. RESOLUTION NO. 73R-48 - ACCEPTING EASEMENT DEED: Councilman Pebley offered Resolution No. 73R-48 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY~ AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDENTURE. Roll Call Vote: 73-94 City Hall~ Anaheim~ California - COUNCIL M%NUTES February 6~ ~973~ 1:30 P.M. AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-48 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Sneegas: a. Before the Public Utilities Commission - Notice of Hearing - Order instituting investigation on the Commission's own motion into methods of compliance with Environmental Quality Act of 1970. b. Public Utilities Co~mnission - Revised "Special Procedure for Envir- onmental Matters" (Preparation and submission of Environmental Impact Reports). c. Financial and Operating Report of the Electrical Division for the Month of December, 1972. d. Cultural Arts Commission - Minutes - January 8, 1973. MOTION CARRIED. ORDINANCE NO. 3131: Councilman Stephenson offered Ordinance No. 3131 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-4 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3131 duly passed and adopted. ORDINANCE NO. 3133: Amendment to Title 15 - Uniform Building Code, by adding there- to Section No. 3802 (b), regarding automatic fire-extinguishing systems: "lO. In all occupancies when the floor area, regardless of area separation walls,exceeds the basic allowable floor area of Table No. 5-C. 11. Throughout all buildings with a usable area that is more than 55 feet above grade or four or more stories in height." Councilman Dutton approved of the protection provided to high-rise structures under this ordinance but expressed concern relative to subparagraph No. 10, specifically that the adoption of this segment may act as a deterrent to industrial development. He stated that he would like to receive some input from the Industrial Committee of the Chamber of Commerce on this portion of the ordinance. Fire Chief James Riley explained paragraph Nos. 10 and 11, stating that the amendment would mandate automatic sprinkler systems in certain buildings, but only at such time as the floor area exceeds that which is the maximum allowed by the Uniform Building Code. Occupancy is also a determining factor as well as the building class. The allowable floor area was determined by the authors of the Uniform Building Code whereby they took into consideration the occupancy class and equated its potential to fire with certain building types (classes 1 to 5) and determined the square footage (Table No. 5-C) to be allowed based on the fire liability incurred directly as a result of these two variables. Chief Riley pointed out that once the builder reaches the point where he is required to install automatic sprinkler systems he often makes substantial gains in other areas, such as an increase in allowable floor space and possible addition of another story to a high-rise structure depending on the occupancy class, and thereby the builder achieves better usage of his land, because of the greater latitude after the sprinkler requirement. 73-95 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 6, 1973~ 1:30 P.M. Councilman Dutton asked whether the amendment under consideration is the same as that which will be incorporated in the Uniform Building Code later this year. Chief Riley answered that the 1973 edition of the Uniform Building Code does embody this section but is far more comprehensive and complex, going into smoke movement mechanisms, con~nunication and alarm systems, etc., and gives maximum fire protection to high-rise structures. He stated that when Council does consider the 1973 Uniform Building Code, the Fire Department recom- mendation will most likely be that this section not be amended. Chief Riley advised that with this ordinance, the City is confronting the situation of having structures which exceed the ability of its fire pro- tection equipment to adequately and capably control, by requiring the builder to incorporate some protection into the structure. The alternative to this, in order to provide protection for these major structures, is to substantially increase the concentration of engine companies at taxpayer expense. Further, with the sprinkler system requirement, the City is assuring that the developer is participating with the City in the costs of protection for these structures. He additionally referred to the fact that the considerable fire insurance rate reductions (from 40% to 85-90%, depending on occupancy) brought about by installation of the automatic sprinkler systems, will amortize the builder's investment over a period of time. Councilman Dutton asked if there are some types of occupancy listed under Table No. 5-C which would not require sprinklers. Chief Riley stated that type "one" construction (totally reinforced concrete and steel) has no area limitations under Table No. 5-C and would not require special protection unless there is other provision for it within the ordinance. He advised that this section gives no special treatment to any particular occupancy. Chief Riley observed that his position is admittedly different from that of a builder, being service-oriented and charged with the protection of lives and property, his position is that this ordinance proposes no unreasonable requirement. He stated that the City of Anaheim is not alone in considering this approach to increasing fire protection, but that Newport Beach, Costa Mesa, Huntington Beach, the City and County of Orange, San Jose, Fresno and Torrance are among those who have already adopted, or are in the process of adopting such a requirement, and that the possible subsequent economic impact would not be experienced by Anaheim alone. Councilman Dutton reiterated that he agrees with'the need of automatic sprinkler requirements for high-rise structures, but would prefer to hear from the Chamber of Cormnerce Industrial Committee relative to the requirement in subparagraph 10. At the conclusion of Chief Riley's explanation and Council discussion, Councilman Stephenson offered Ordinance No. 3133 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 15, CHAPTER 15.04, SECTION 15.04.070 RELATING TO THE BUILDING CODE AND DECLARING THE URGENCY THEREOF. (Automatic Sprinkler System) Council discussion relative to the effect that this ordinance would have on apartment, condominium and townhouse construction was held, and the possible consequences of automatic sprinkler systems in condominium-apartment occupancies. Chief Building Inspector, Dan Van Dorpe further explained the provi- sions of the proposed ordinance and gave specific examples of how the new code would differ from present provisions. Councilman Pebley in considering a requirement of a sprinkler system in an apartment, or condominium, noted how easily it could mischievously be set off by children resulting in water damage to furniture,etc. Chief Riley pointed out that the higher density of apartment-condom- inium type construction poses greater fire protection problems and thereby justifies additional fire retardant measures such as are provided in the pro- posed ordinance. Following discussion, in light of the concern expressed by Council relative to the sprinkler requirement as it will apply to buildings which exceed the basic allowable floor area (subparagraph 10) Councilman Dutton requested 73-96 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. that a copy of the proposed ordinance be made available for the Chamber of Commerce Industrial Committee for their review prior to final reading of the ordinance. ORDINANCE NO. 3134: Councilman Dutton offered Ordinance No. 3134 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (55 & (56) - M-i) COST/FEE STUDY - DEVELOPMENT SERVICES DEPARTMENT: (Continued from January 16, 1973) Mr. Ronald Thompson submitted for Council consideration the addendum to the cost/ fee study, dated January 24, 1973, which summarizes fees charged by all Orange County cities, and the Counties of Orange, Los Angeles and San Diego for process- ing zoning and land use petitions, as requested by Council on January 16, 1973. The City Council reviewed the supplementary information presented and compared the various zoning and land use petition fee schedules with fees pre- sently charged by the City of Anaheim as well as with the recommendations for applicable charges made by Development Services Department. Councilman Thom stated that he favored the method employed by the County of San Diego, a cost accounting system, which enables them to recover all costs associated with an individual petition, which method would, he stated, absorb all costs associated with the Development Services Department. Mr. Thompson advised that in preparation of the cost revenue analysis it was computed that a sum total of $82,269.20 of the total yearly expense for processing zoning applications ($298,009.00) could be attributed directly to Development Services Department and this represents only one-quarter to one- fifth of that total cost. Further, Mr. Thompson noted that the County of San Diego spends, in his opinion, an inordinate amount of time computing~these actual charges. He noted that out of these cities contacted in this survey, only the Counties of Los Angeles and San Diego felt they were presently recovering costs, and that the County of Orange, even though fees have recently been raised, is not re-covering costs. Councilman Dutton noted that a portion of the money collected via the Building Division through building permits, etc., should be applied as a credit in these calculations, towards the expense of processing zoning petitions. Mr. Thompson observed that often through a variance or conditional use permit a developer gains additional lots or other economic advantages. Councilman Thom stated that he approved the recommendations for in- crease in fees presented by Development Services Department if these Will bal- ance income and dispersal of funds connected with zoning and land use petitions. He further stated that he thought a cost accounting method should be initiated at this time, which takes into account the fees collected with building permits; to monitor the cost involved and insure that no particular individual is overcharged and at the same time no cost is borne by the taxpayers. Mr. Davis noted that a cost accounting method for determination of these fees, as suggested by Councilman Thom, would be of itself a complex and costly pro- cedure. He recormnended that the fees for zoning procedures be set at an estimated COSt to be monitored on a spot check basis, which would be more economical and reasonably close to costs. Councilman Thom was o£ the opinion that the Council should go £orward and implement the recommendations as presented, since the analysis appears to be a vali~ attempt at setting fees which are equitable to all parties concerned. Councilman Pebley felt that the suggested fee schedule would be higher than neighboring cities. Councilman Tho~ pointed out that the number of applica- tions processed has some bearing on the fees charged, i.e., those cities which process fewer applications are able to charge smaller fees. At the conclusion of discussion, by general Council consent, further 73-97 .City Hall, Anaheim~ California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. action was held over for one week. WOMEN'S DIVISION - ANAHEIM CHAMBER OF COMMERCE - REQUEST MISS ANAHEIM PAGEANT: Re- quest of Claudia Graham, President of the Women's Division, Chamber of Commerce and Collette Kelly, Chairman of the Miss Anaheim Pageant, dated January 22, 1973, was submitted for the use of the Anaheim Room and all City-owned proper- ties at the Convention Center for the Miss Anaheim Pageant, April 6, 1973. Also submitted and read was report of the Stadium and Convention Center Director, Thomas Liegler, recon~nending approval on the basis of "out-of-pocket" expenses only, should some of the properties required not be available, with rehearsal on Thursday, April 5, 1973. Mr. Geisler advised that should the Council grant such use to the Women's Division of the Anaheim Chamber of Commerce, it should be on the basis that they officially co-sponsor the event, as in the past. Collette Kelly, Chairman, Miss Anaheim Pageant, stated that they con- curred with Mr. Liegler's recommendations and would be honored to have the City act as co-sponsor to this event. She explained progress of the event to date. Councilman Peblev moved that the City co-sponsor the Miss Anaheim Pag- eant and approve the use of the Anaheim Room of the Convention Center, April 5 and 6, 1973, in accordance with recommendations of the Stadium and Convention Center Director. Councilman Thom seconded the motion. MOTION CARRIED. RESOLUTION NO. 73R-49 - AGREEMENT ORANGE COUNTY FLOOD CONTROL DISTRICT - ELECTRICAl, DISTRIBUTION LINE: Councilman Sneegas offered Resolution No. 73R-49 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE ORANGE COUNTY FLOOD CON- TROL DISTRICT PERTAINING TO THE CONSTRUCTION OF AN ELECTRICAL DISTRIBU- TION LINE ACROSS THE SANTA ANA RIVER AT LAKEVIEW AVENUE, AND AUTHORIZ- ING THE MAYOR TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-49 duly passed and adopted. ALCOHOLIC BEVERAGE APPLICATION OF ROY MILL&R - ON-SALR GENERAL LICENSE - ANAHEIM HILLS GOLF COURSE CLUBHOUSE: On recommendation of the City Attorney, on motion by Councilman Stephenson, seconded by Councilman Dutton, the application to the Alcoholic Beverage Control Board for on-sale general license for the Anaheim Hills Golf Course Clubhouse, as requested by Roy Millar, concessionaire,was approved and letter requesting said license to be issued to the Anaheim Hills Golf Course Clubhouse as City premises, on a non-transferable basis, authorized for the Mayor's signature. MOTION CARRIED. WATER METER ANTI-TRUST SUIT: The City Attorney reported that a lengthy letter has been received from Rutan and Tucker, Attorneys retained by the City in con- nection with water meter anti-trust litigation, explaining that in the Civil Action Suit No. 50284, Matin Municipal Water District, et al., versus Rockwell Manufacturing Company, et al., discovery has been taken, and insufficient evi- dence for a substantial suit found, and therefore recommending that dismissal of the City's portion of this suit be authorized. On motion by Councilman Dutton, seconded by Councilman Pebley, the City Council authorized dismissal of the City's portion of Civil Action Suit No. 50284, Marin Municipal Water District, et al., versus Rockwell Manufacturing et al., as recommended by the City Attorney. MOTION CARRIED. 73-98 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 6, 19737 1:30 P.M. RETROACTIVE RATE CREDIT - TRAVELERS INSURANCE COMPANY: Mr. Garry McRae, Personnel Director, reported that the City will shortly receive a check from Travelers Life Insurance Company in the amount of $30,348.00, which represents the retro- active rate credit for the policy year beginning November 8, 1971, to November 7, 1972, and presented the following recommendations for dispersal of these funds: a. It is recommended that one-half of the $30,348.00 ($15,174.00) be returned to the General Fund to represent the credit on the City's portion of this group insurance premium. b. It is recommended that the other one-half, or $15,174.00, less $250.00 for computation and dispersal, be returned to current City employees and other current members of this program (retired employees who continue this in- surance, and Visitor and Convention Bureau employees). Mr. McRae reported that the employee organizations have agreed to the dispersal policy as presented. On motion by Councilman Stephenson, seconded by Councilman Dutton, dis- persal of the credit was authorized as recommended by the Personnal Director. MOTION CARRIED. RESOLUTION NO. 73R-50 - SALARY RESOLUTION - PART TIME EMPLOYEES - ANAHEIM STADIUM AND ANAHEIM CONVENTION CENTER: Mr. Garry McRae reported that this is the 3rd year of a 3-year agreement with representatives of Local No. 399, regarding wages and other working conditions for certain classifications of employees at the Anaheim Convention Center and Anaheim Stadium, and recommended approval of the salary adjustments. Councilman Pebley offered Resolution No. 73R-50 for adoption, amending pay rates as recommended by the Personnel Director. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLU- TION NO. 72R-52 AMENDING RATES OF COMPENSATION FOR EMPLOYMENT AT THE ANAHEIM STADIUM AND ANAHEIM CONVENTION CENTER. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-50 duly passed and adopted. R. W. BECK AND ASSOCIATES - INCREASE IN CONTRACT: Recommendation from Gordon Hoyt, Utilities Director, that the contract with R. W. Beck and Associates to provide technical services in connection with the various proceedings now before the Federal Power Commission be increased from the present contract term of,not to exceed $80,000.00 to, not to exceed $85,000.00, was submitted. On motion by Councilman Stephenson, seconded by Councilman Sneegas, extension of the contract fee with R. W. Beck and Associates to a sum not to exceed $85,000.00 was approved, as recormnended by the Utilities Director. MOTION CARRIED. NATIONAL LEAGUE OF CITIES - MAYOR'S CONFERENCE: Mr. Davis announced that the National League of Cities will hold a Mayor"s conference March 4 through 6, 1973 in Washington, D. C., and urged that any that can, attend the conference. SANTA ANA RIVER AND SANTIAGO CREEK GREENBELT COMMISSION: Councilman Sneegas stated that the Greenbelt Committee has made amendments to the proposed joint powers agreement to establish the Greenbelt Commission, and that he has referred this amended agreement to the City Attorney for analysis. 73-99 .City Hall; Anaheim~ California - COUNCIL MINUTES - February 6~ 1973~ 1:30 P.M. ANAHEIM CHAMBER OF COMMERCE RECOGNITION DINNER: On motion by Councilman Pebley, seconded by Councilman Thom, the City Council authorized waiver of the parking fees at the Anaheim Convention Center for the dinner scheduled February 23, 1973, in recognition of the Anaheim Chamber of Commerce accreditation by the' United States Chamber of Commerce and further agreed a parking stub be a part of the dinner ticket. MOTION CARRIED. TRAFFIC STUDY - LOARA AND LINCOLN: Councilman Sneegas requested that the City Traffic Engineer initiate a study of the traffic situation at Loara Street and Lincoln Avenue, to determine whether warrants are met for the installation of a traffic signal at this intersection. RECESS - EXECUTIVE SESSION: At the request of Mr. Davis, Councilman Sneegas moved to recess to Executive Session. Councilman Pebley seconded the motion. MOTION CARRIED° (5:40 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (6:15 P.M.) EMPLOYMENT - SPECIAL COUNSEL - FEDERAL POWER COMMISSION HEARING ON RULE MAKING PROCEDURES: Mr. Alan Watts rePorted that efforts are in progress to change the rules in current rate proceedings before the Federal Power Commission, Washington, D. C., specifically to allow rates to be based on an estimated 12 months operating expense, rather than 12 months of actual recorded expense, and further in the wholesale rate-making proceedings, to establish that no relationship exists between large industrial rates and wholesale rates that a power company charges its customers, which changes would, if adopted, place the City's electrical utility in a serious inequitable position in our sales to large industrial consumers. Mr. Watts recommended that the City retain Attorney George Spiegel, in conjunction with other municipalities, to appear at the Rule Making Pro- cedures in Washington, D. C., and object to the proposed change in rules and intervene in the Court of Appeals, District of Columbia when the Duke Power case is appealed to that Board and file an Amicus Curiae brief in that pro- ceedings, the City's proportionate share of the fee not to exceed $2,000.00. On recommendation of the City Attorney and the Utilities Director, Councilman Stephenson moved that George Spiegel be retained as Special Counsel to attend Rule-Making Procedures before the Federal Power Commission, and re- lated proceedings at the Court of Appeals, at a fee not to exceed $2,000.00. Councilman Dutton seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Stephenson moved to adjourn. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourn: 6:25 P.M. Signed City Clerk