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1972/02/0172 -58 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust PARKS RECREATION DIRECTOR: John Collier ASSISTANT CITY ENGINEER: Ralph Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. MISS ANAHEIM PRESENTATION: Mayor Dutton presented to Cynthia Black, the present Miss Anaheim, a commemorative plate from the City of Ana- heim as a memento of her year of reign. LOW COST POWER COMMITTEE: Framed Certificates of Appreciation were presented by Mayor Dutton, on behalf of the City of Anaheim, to Chairman Stan- ley Pawlowski and other members of the Low Cost Power Committee for their efforts in connection with the recent successful Electric Reve- nue Bond Proposition Special Municipal Election. Mrs. Ree Burnap requested that her certificate be changed to "Anaheim-Garden Grove League of Women Voters" since many of the members had helped her in her capacity as president of the organi- zation. PROCLAMATION: The following Proclamation was issued by Mayor Dutton and unanimously approved by the City Council: "Electrical Week" February 6 12, 1972. INTRODUCTION OF NEW EMPLOYEES: Frank Campagnoni, of the City Personnel De- partment, introduced new employees attending the Council meeting as part of the City's orientation program. Mayor Dutton welcomed the new employees. MINUTES: Minutes of the Anaheim City Council regular meeting held January 11, 1972, were approved on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. 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 read- ing 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 $1,046,546.73, in accordance with the 1971 -72 Budget, were approved. SIDEWALKS MAGNOLIA SCHOOL DISTRICT: Correspondence from Spencer E. Covert, Superintendent of Magnolia School District, regarding safety conditions for children who walk to school, particularly in the area along the east side of Gilbert Street, between Crescent Avenue and the Anaheim Municipal Golf Course, was presented at the October 5, 1971 Council meeting, at which time it was reported that the City Engineer was studying various methods of al- leviating the situation, and thus no action was taken. Report of the City Engineer was submitted, recommending the City of Anaheim install complete street improvements on the east side of Gilbert Street, from Crescent Avenue to 1,330 feet ±,.south of Crescent Avenue, at an estimated cost of $17,720.00. 72- 59 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. On motion by Councilman Stephenson, seconded by Councilman Pebley, installation of sidewalks was approved as recommended by the City Engineer. MOTION CARRIED. John Allison, Principal of Juliette Low School, thanked the Coun- cil on behalf of the parents and children. TENTATIVE TRACT NO. 5019 EXTENSION OF TIME: Request of W.E. Kuyper, Nick Pokrajac, Inc., dated January 6, 1972,was submitted for a one -year extension of time to Tentative Tract No. 5019, to enable filing of a final map, to- gether with reports of the City Engineer and Development Services Depart- ment recommending a one -year extension of time be granted, to expire January 6, 1973. On motion by Councilman Thom, seconded by Councilman Roth, a one year extension of time for Tentative Tract No. 5019 was granted, as reques- ted, to expire January 6, 1973. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held January 10, 1972, pertaining to the following appli- cations, were submitted for City Council information and consideration: CONDITIONAL USE PERMIT NO. 1284: Submitted by Koll Income Properties, Inc., to establish a non industrial training center in a portion of an existing industrial building on M-1 zoned property located at the northeast corner of State College Boulevard and Cerritos Avenue. The City Planning Commission, pursuant to Resolution No. PC72 -2, granted said conditional use permit for a period of three years, subject to conditions. CONDITIONAL USE PERMIT NO. 1130: Submitted by Forest Lawn Cemetery Associa- tion, Applicant, and Martin Luther Hospital, Inc., Agent, requesting a modi- fication of the conditions of Conditional Use Permit No. 1130 by amending Condition No. 4 of Resolution No. PC69-173, to eliminate the requirement for a 12 -foot planted median and substitute a 12 -foot continuous left -turn, painted median; and further requesting the elimination of Condition No. 6 (maintenance of said planted median) as it would no longer be applicable with the elimination of the planted median. The proposed expansion of the existing medical and hospital center (Martin Luther Hospital) is located on R -3 zoned property on the south side of Romneya Drive (a private street), west of Euclid Street. The City Planning Commission, pursuant to Resolution No. PC72 -1, amended Condition No. 4 of Resolution No. PC69 -173, deferring construction of the landscaped median for a period of two years. The foregoing actions were reviewed by the City Council and no further action taken. TENTATIVE TRAC N0. 74 48, REVISION N0. 2; Owner The Covington Brothers. Pro- perty located on the south side of Ball Road, east of Belhaven Street, and contains 34 proposed R -3 zoned lots. The City Planning Commission, at its meeting held January 24, 1972, denied said Tentative Map on the basis the developers were proposing an in- ordinate amount of land devoted to vehicular circulation, that there was a lack of on -site recreation areas, that an acceptable method had not been presented to resolve maintenance of the 10 -foot landscaped strip on the south side of Omega Avenue as required by Area Development Plan No. 94, that the developer did not submit proof that it was impractical to develop subject property without alleys, thereby converting portions of the asphalt areas into recreation areas. The City Planning Commission further urged the City Council to enact an urgency ordinance abandoning the City's commitment to accept dedi- cation and maintenance of some alleys,in order that future development of 72 -60 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. apartments and commercial uses may be accomplished with any alleys proposed to be private alleys, which shall be maintained by the property owners. Victor Edge, Lander Engineering, 1782 West Lincoln Avenue, Agent for the Developer, in reply to Council questioning about the maintenance of the 10 -foot landscaped strip on the south side of Omega Avenue, stated he understood this would be the responsibility of the property owners north of Omega Avenue; however, if the City wanted assurance that this landscaped strip would be main- tained, he suggested that, rather than being a 10 -foot strip owned by the City and maintained by the property owners, it be designated an "A" lot and made a part of the lots north of Omega Avenue, so that it is under the ownership of the people maintaining it. He further recommended watering be accomplished by running a pipeline under the street with a bubbler, and tying that line into the system put in at the time of development by The Covington Brothers, so that when the lots north of Omega Avenue are watered the correlating sections of the landscaped strip would be watered at the same time. City Attorney Joseph Geisler advised that the ordinance governing this situation provides that the cleanliness of the street adjoining a pro- perty and to the center of the street, which would include half of the median, is the responsibility of the property owner; however, it has been the policy of the City that the medians are maintained by the City. He stated he felt the only practical method would be to establish a maintenance district if it was desired that the cost and maintenance of the landscaped area be the re- sponsibility of the property owners; however, he added, such districts are subject to dissolution. Zoning Supervisor Charles Roberts advised that this 10 -foot land- scaped strip would not be a median, but would be a buffer placed south of Omega Avenue to separate these developments from the industrial area. Mr. Geisler stated that if the landscaped area was made into a lot, unless it was dedicated to the City, the property owners would be taxed for it, a situation they may object to; that if the property owners did not pay the taxes the land either would become City -owned property or some one else could buy it and may want to build on it. He also stated he doubted if such a requirement could be enforced. Mr. Roberts read pertinent sections of Area Development Plan No. 94 which governs this area and set forth the requirement of the landscaped strip. Mr. Murdoch commented that in the case of a similar landscaped strip to the west, all of the property maintaining it is under one ownership, whereas, where subject property would have multiple ownership, and it was questionable that those property owners would continue to maintain the strip over a period of time. Councilman Dutton stated he felt the proposed development was a desirable one and suggested that,if approved, a condition could be added that provisions for the landscaped strip and maintenance of it must be ap- proved by the City Attorney. In reply to Mr. Roberts' comments that the 10 -foot landscaped strip, according to Area Development Plan No. 94, would be a part of the public right of-way, Mr. Geisler advised that as such the landscaped strip is a parkway and part of the street, and thus would be considered a median and ordinarily main- tained by the City. Councilman Pebley commented that it would be costly for the City to maintain this strip and he would not be in favor of the taxpayers having to stand that expense. Councilman Stephenson expressed the opinion the landscaped strip was unnecessary. Mr. Edge stated that the Developers are investing $75,000.00 in each unit and the unit faces directly onto the landscaped strip, so it would be like a front yard for them, and thus he felt the property owners would main- tain this strip. He added that the Developer plans to use low maintenance type planting, such as junipers and ice plant. City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. Councilman Roth expressed the opinion an owner would have diffi- culty renting his units under these conditions; that for such an arrange- ment to succeed there must be pride in ownership involved. Mr. Edge advised that they have previously designed a subdivision in Anaheim for The Covington Brothers that had an alley to the rear with a block wall on the other side of the alley,and the block wall was put into a one -foot strip deeded with each lot as an "A" lot. MOTION: Councilman Dutton offered a motion to approve said Tentative Tract, subject to the recommendations of the Interdepartmental Committee, and fur- ther subject to the condition that watering facilities for the 10 -foot land- scaped strip on the southern extremity of the property be piped and metered from each adjacent complex. Mr. Geisler stated that if the Tentative Tract was approved this date, he would prefer an "A" -lot arrangement, rather than have the property owners required to maintain a right -of -way area when this requirement is not a standard requirement throughout the City; however, he added, he did not feel either method was advisable, and recommended the subject be con- tinued for further study, and if the Applicant did not agree to a continua- tion, that the Tentative Map he denied this date. Councilman Dutton withdrew his motion. MOTION CARRIED. 72 -61 MOTION: Councilman Thom moved to continue said Tentative Map to February 15, 1972. Councilman Roth seconded the motion. Gerald Burns, Vice- President of The Covington Brothers, requested, since they are getting close to the end of the escrow period, that the Ten- tative Map be approved and a condition added that the problem of the land- scaped strip must be solved in a manner agreeable with the City Attorney. Councilman Thom withdrew his motion to continue the Tentative Map. Councilman Roth withdrew his second. MOTION: On motion by Councilman Dutton, seconded by Councilman Roth, Ten- tative Map of Tract No. 7448 was approved, subject to the following Inter- departmental Committee recommendations, and further subject to an addi- tional condition to be numbered No. 11, to read "Subject to a solution which is satisfactory to the City Council for the maintenance of a 10 -foot strip at the southern boundary of Omega Avenue 1. That the approval of Tentative Map of Tract No. 7448, Revision No. 2, is granted subject to completion of Reclassification No. 70- 71 -57, now pending. 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 Ball Road shall be dedicated to the City of Anaheim. 5. 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. 6. That drainage of Tract No. 7448 shall be disposed of in a man- ner that is satisfactory to the City Engineer. 7. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 8. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 9. That Omega Avenue shall be constructed in accordance with Area Development Plan No. 94, Alternate No. 2. 10. That the applicant shall furnish to the City Attorney's Of- fice satisfactory evidence of mutual ingress and egress easements over Lot Nos. 14, 15, and 16 and 30, 31, and 32. 72 -62 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1:30 P.M. ORDINANCE RE ALLEYS: With regard to that portion of the City Planning Commis- sion recommendations on Tentative Map of Tract No. 7448, Revision No. 2, that consideration be given to enacting an Urgency Ordinance abandoning the City's commitment to accept dedication and maintenance of some alleys, in order that future development of apartments and commercial uses may be accomplished with any alleys proposed to be private alleys which shall be maintained by the pro- perty owner, Mr. Roberts advised that the Commissioner who had suggested this had expressed the opinion that to require or accept dedication for alleys in a tract such as No. 7448 is discriminatory, and all alleys should be private and should be maintained by private funds rather than by the City. Councilmen Dutton and Pebley expressed agreement with this philos- ophy and Councilman Pebley stated the approximately 2,000 feet of alley on Tentative Map of Tract No. 7448 were for the use of those living there as access for their garages and should not be maintained by the City. Council discussion followed, wherein it was deemed desirable to obtain additional information before any action was taken. On motion by Councilman Roth, seconded by Councilman Stephenson, the Development Services Department staff was directed to prepare a report and recommendation on this subject, to be placed on the Council Agenda when prepared. MOTION CARRIED. TENTATIVE MAP TRACT NO. 7219 EXTENSION OF TIME, (RECLASSIFICATION NO. 69- 70 -56): Request of Harry Tancredi, President, Tanco Development Corporation, dated Janu- ary 31, 1972, was submitted for a one -year extension of time to Tentative Map, Tract No. 7219, together with report of the City Engineer and Development Ser- vices Department, recommending that a one -year extension of time be granted, to expire February 2, 1973. On motion by Councilman Stephenson, seconded by Councilman Roth, a one -year extension of time for Tentative Map, Tract No. 7219 was granted, as requested, to expire February 2, 1973. MOTION CARRIED, RECLASSIFICATION NO. 69 -70 -58(1) EXTENSION OF TEMPORARY OCCUPANCY PERMIT: Request of George H. Drayton, President, Drayton, Inc., dated January 26, 1972, was sub- mitted for an extension of time to the temporary occupancy permit of his build- ing at 2836 East La Palma Avenue, together with report of the City Engineer, recommending that a four -week extension of time be granted. Zoning Supervisor Charles Roberts noted that two conditions of the Reclassification application have not yet been completed namely, installa- tion of landscaping and trash storage areas, and if an extension of the ten porary occupancy permit is approved, these conditions should be complied with within that time. George H. Drayton, Applicant, stated that the landscaping plan has been approved and contracted for and that the trash storage area is in and has been approved. On motion by Councilman Pebley, seconded by Councilman Thom, a four week extension of the temporary occupancy permit was granted, as recommended, to expire February 29, 1972. MOTION CARRIED. RESOLUTION NO. 72R -40 WORK ORDER NO. 628 -A: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 72R -40 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE KATELLA AVENUE AT WEST STREET NORTHEAST CORNER STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 628 -A. (L.P. Leavitt) City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No.72R-40 duly passed and adopted. RESOLUTION NO. 72R -41 A.H.F.P. PROGRAM AMENDMENT: Councilman Dutton offered Resolution No. 72R -41 for adoption, amending Resolution No. 71R -552, increas- ing the Arterial Highway Financing Program Project designated "Brookhurst Street, from Lincoln Avenue to Ball Road," to $149,600.00. Refer to Resolution Book. 72 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R -552, RELATING TO THE ARTERIAL HIGHWAY FINANCING PROGRAM. (Brookhurst Street, Lincoln Avenue to Ball Road Increase to $149,600.00) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -41 duly passed and adopted. RESOLUTION NO. 72R -42 DEEDS OF EASEMENT: Councilman Thom offered Resolution No. 72R -42 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (S.V. Hunsaker, Jr.,(3 deeds), .James 0. Williams) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -42 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Stephenson, seconded by Councilman Dutton, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for munici- pal purposes, pursuant to Resolution No. 71R -487, formerly assessed to Orange County Flood Control District. Deed recorded January 18, 1972, as Document No. 12506, in Book 9969, at Page 813, Official Records of Orange County,Cali fornia. MOTION CARRIED. PURCHASE OF MATERIAL UNDERGROUND CABLE: The City Manager reported on informal bids received for the purchase of 20,000 feet of Service Wire and 40,000 feet of Secondary Wire Underground Cable for the Electrical Division, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX General Electric Supply Co., Anaheim $16,833.60 Garland Affolter, San Gabriel 18,675.93 Alcan Cable, Fullerton 18,690.00 Graybar Electric, Anaheim 18,757.20 Westinghouse Electric Supply, Anaheim 20,643.00 On motion by Councilman Stephenson, seconded by Councilman Pebley, the low bid of General Electric Supply Company was accepted and purchase au- thorized in the amount of $16,833.60, including tax. MOTION CARRIED. 7 2- 64 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. PURCHASE OF EQUIPMENT DUMP BODIES: The City Manager reported on the recommended purchase of 2 Dump Bodies for the Street Maintenance Department and advised that the one supplier, Gar Wood Los Angeles Truck Equipment, Inc., has sub- mitted a quotation for said equipment in the amount of $7,983.89, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Roth, seconded by Councilman Stephenson, purchase was authorized in the amount of $7,983.89, including tax, as recom- mended by the City Manager. 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 George E. Trottier, Claims, West American Insurance Company, on behalf of Linda Valeri, for purported personal property damages resulting from collision with City vehicle, on or about December 27, 1971. b. Claim submitted by Baresel Corporation, for purported personal property damages sustained as result of power failure, on or about December 27, 1971. c. Claim submitted by John Mezzapelle, Jr., for purported personal property damages sustained as result of tearing his suit on show case window at the Convention Center, on or about January 9, 1972. d. Claim submitted by John C. McCoy, for purported personal pro- perty damages sustained as result of hitting a chuckhole in a City street, date unknown. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Thom: a. State Water Resources Control Board Stating Policy for Water Quality Control, in reply to Anaheim Resolution No. 71R -519. b. City of Costa Mesa Resolution No. 72 -9 Urging Pacific Tele- phone and Telegraph Company to reconsider its proposed method for charge for business telephone service and giving reasons therefor. c. Financial and Operating Reports for the month of December,1971: Electrical Division Utilities Department Engineering Division Department of Public Works d. Anaheim Public Library Board Minutes December 20, 1971. e. Anaheim Parks and Recreation Commission Minutes December 16, 1971. MOTION CARRIED. ANAHEIM LIBRARY BOARD. APPOINTMENT: Councilman Thom noted that the vacancy on the Library Board created by the death of C.B.Miller has not yet been filled. Mayor Dutton advised that the Library Board recently had recommended that Reuben Paul Hughes be nominated to fill this vacancy. On motion by Councilman Stephenson, seconded by Councilman Thom, Reuben Paul Hughes was appointed to the Anaheim Library Board for the unex- pired term of C.B. Miller, ending June 30, 1975. MOTION UNANIMOUSLY CARRIED. ORDINANCE NO. 3007: Councilman Stephenson offered Ordinance No. 3007 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 2, CHAPTER 2.12 AS AMENDED BY ORDINANCE 2992 RELATING TO AN ADMISSIONS TAX. Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 72-65 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. The Mayor declared Ordinance No. 3007 duly passed and adopted. ORDINANCE NO. 3008: Councilman Thom offered Ordinance No. 3008 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.38, SECTION 18.38.040 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Use of Residential Structures for Offices) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3008 duly passed and adopted. ORDINANCE NO. 3009: Councilman Thom offered Ordinance No. 3009 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70 -71 -29 R -3) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3009 duly passed and adopted. ORDINANCE NO. 3010: Councilman Pebley offered Ordinance No. 3010 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64- 65-14(1) C -2) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3010 duly passed and adopted. ORDINANCE NO. 3011: Councilman Stephenson offered Ordinance No. 3011 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.160 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RESTRICTED PARKING 3:00 A.M. TO 6 :00 A.M. (Lincoln Avenue, between Helena and Olive; Anaheim Boulevard, between Broadway and Cypress; Any City -owned Lot; Oak Street, from Lemon to Helena) RESOLUTION NO. 72R -43 IRREVOCABLE OFFER OF DEDICATION TRACT NO. 7219 /CONDITIONAL USE PERMIT NO. 1098: Councilman Roth offered Resolution No. 72R -43 for adoption, accepting Irrevocable Offer of Dedication of the west side of Park Vista Street, executed by Joseph D. and Dorothy C. Huarte and Reichert Sons, in conjunction with Tract No. 7219 and Conditional Use Permit No. 1098. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRRE- VOCABLE OFFER OF DEDICATION FROM JOSEPH D. HUARTE AND DOROTHY C. HUARTE. (West side of Park Vista Street) /2 -bb City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -43 duly passed and adopted. RESOLUTION NO. 72R -44 PIPELINE LICENSE, ATCHISON, TOPEKA SANTA FE RAILWAY COMPANY: Councilman Roth offered Resolution No. 72R -44 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE LICENSE AND AUTHORIZING PAYMENT THEREFOR. (Water Line at Kellogg Drive and Santa Fe Tracks $150.00) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -44 duly passed and adopted. LEASE HORACE MANN SCHOOL: The City Manager presented copies of a proposed lease on Horace Mann School to be used as a Cultural Arts Center, action to be taken at the next regular Council meeting. INVITATION NORTHEAST INDUSTRIAL ASSOCIATION: The City Manager reported an invi- tation had been received from Jerry Ward, Oranco, for the City Manager, Fire Chief and Council members to attend a meeting of the Northeast Industrial As- sociation, February 29, 1972, at 10:00 A.M., to discuss fire insurance rates and determine how the Association members can help the City get the new Fire Station in the northeast industrial area. All Councilmen indicated they would attend. JOINT MEETING CONVENTION CENTER EXPANSION: The City Manager reported a request had been received from the Anaheim Union High School District Board of Trus- tees for a joint meeting with the City Council to discuss the status of the plans and specifications for expansion of the Convention Center. At the suggestion of the Board of Trustees, such a meeting was set for dinner at 6 :00 P.M., f'ebnary 17, 1972, in the Convention Center. February Mr. Murdoch noted that since no action was contemplated by either Body, this meeting would be an open, non formal one. BANZAI MINI -CYCLE PARK: Mayor Dutton reported an additional letter dated January 26, 1972, had been received from Ford A. and Wilma J. Dickerhoff, presently in the process of purchasing Park Royale Mobile Village, in Orange, relative to discussion at the January 25, 1972, Council meeting of their earlier let- ter requesting that the adjacent Banzai Mini -Cycle Park be moved to another location because the noise emanating therefrom was hurting their business. He thereupon invited Mr. Dickerhoff to address the Council. Mr. Dickerhoff stated it was his hope some way could be found to either move or terminate the operation of the Mini -Cycle Park without expense or embarrassment to the City. He noted that the Mini -Cycle Park is operating in an area zoned Light Industrial and contended the noise and fumes from the vehicles exceeded that allowed for such zoning; also, that operating the Cycle Park adjacent to residential uses was not in conformance with the Anaheim Municipal Code. Referrin;; t,r comments by some Councilmen at the January 25, 1972 meeting that the s r: t r lc Park at the clubhouse location was no /2 h/ City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1 :30 P.M. worse than that from the Freeway, Mr. Dickerhoff stated the Freeway noise was a steady hum and did not disturb residents, whereas the cycles were constantly being accelerated. Mr. Dickerhoff expressed the opinion that since the Mini -Cycle Park has been in operation over six months the Council should be prepared to make a decision now on whether the operation will cease or become permanent, and he asked for a definite decision so that he could know what to do about his investment in the mobile home park. He stated it was his hope the City could relocate the Cycle Park and suggested the Newkirk Dump Site, or some other area such as around Dis- neyland, a shopping center, or a wilderness location in the Hill and Canyon Area. He added that he would like to work with the City to arrive at a so- lution. Councilman Pebley stated he felt the Council had intended to allow the Mini -Cycle Park on a temporary basis to determine if it was wanted by the citizens and if it could be operated economically. Councilman Dutton, responding to Mr. Dickerhoff's allegation that the City was operating the Mini-Cycle Park against its own regulations, read from the 1965 resolution granting Conditional Use Permit No. 750, which ap- proved the proposed use of this area for "establishing a multi- purpose stadium for athletic and other entertainment." Councilman Dutton also read an excerpt of the April 20, 1971, City Council Minutes authorizing development and operation of the Mini -Cycle Park for that summer only. In reply to Mr. Dickerhoff's question as to who would put in addi- tional suggested screening to buffer the noise, such as a high, solid wall or landscaping, Councilman Dutton stated that such screening ordinarily would be at the expense of the developer of the mobile home park. Mr. Murdoch advised that no alternate location for the Mini -Cycle Park has been suggested; that the dump site originally considered is County property and the City would need their permission and possibly also parti- cipation to use that site; the two park sites in the Anaheim Hills area pre- sently are having development plans finalized and probably would not be ap- propriate. He added that the City does own property some distance into the Canyon, called Shorb Wells property; however, it probably was located too far away for practical purposes. In reply to Council questioning, Parks and Recreation Director John Collier advised that approximately 50% of those using the Mini -Cycle Park have been Anaheim residents. Referring to the fact that the Mini -Cycle Park has been operating at a loss of approximately $10.00 per day, the City Attorney advised that there is no indication the insurance premium, which was higher than anti- cipated, will be reduced, and thus it appeared the fee charged to use the Park would have to be increased by $1.00 per person to operate on a break even basis. Councilmen Pebley and Dutton expressed the opinion that since 50% of those using the Mini-Cycle Park facilities are from outside Ana- heim, it should be a joint venture with the County. Mr. Collier distributed a Financial and Attendance Report on the Banzai Cycle Park for the period June 26 through December 31, 1971. Henry Reichert, Reichert Son, Developers of the mobile home park, stated it is difficult to find a location where a mobile home park is accepted, and he felt being adjacent to light industry was ideal since the activity there is inside buildings and usually on a regular workday basis, whereas the cycle park operates at the same time the mobile home park residents wish to relax. 72 -68 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1:30 P.M. He contended his development was well under way before they heard about the Cycle Park going in; that people he talked with at that time had stated the Cycle Park was only a temporary development, and so they had con- tinued with their construction. Mr. Reichert stated that, in his opinion, the Cycle Park was a nui- sance type of operation and should not be allowed in the area. Referring to the suggestion that a high, solid wall be constructed between the two operations to serve as a noise buffer, Mr. Reichert stated he did not feel that would solve the problem. He added that when Rampart Street is completed, which Mr. Murdoch advised should be during this fiscal year, there would not be enough room to operate the park properly and it would be a danger and nuisance for Rampart Street users. Councilman Roth stated he would be amenable to moving the operation if there was a bigger and better place for it; however, the Cycle Park is a service that the City is expected to provide for the residents in the same manner as swimming pools, tennis courts, etc. Mr. Reichert stated that, in his opinion, motorcycles are not needed and merely add more pollution to the air; that services such as swimming pools and tennis courts are not detrimental to neighbors, and cycles are. In reply to Councilman Thom, Mr. Murdoch advised that the idea of moving the sod farm adjacent to the wall of the mobile home park as an addi- tional buffer had not proven advisable, since completion of Rampart Street would cut the sod farm off from the rest of the property. He added that it would not be feasible to move part of the Cycle Park operation across the proposed street to the present sod farm location because when Rampart Street goes through it would mean operating the Cycle Park on both sides of the street. Councilman Pebley suggested that if another location could be found for the Cycle Park, without the City losing money, and if Mr. Reichert was willing, a joint cooperation to move the operation may be possible. Councilman Roth noted a study in Honolulu, where it was determined a 200 -foot deep forest would be necessary to buffer Freeway sound, and stated he now felt a landscape buffer would not help in this situation. He added that he felt the City has a responsiblity to provide an area for the cycle riders and he felt an industrial area was the most logical. In reply to Councilman Dutton's remark that perhaps the hardship of the mobile home park was self inflicted, Mr. Reichert again stated he did not feel the Cycle Park belonged in the area; also, that in discussions with the Development Services Department, prior to constructing the mobile home park, they had not known what was planned for the area now used for the Cycle Park. Councilman Dutton stated he felt it was the Council's opinion that the land was too valuable to be used as a Cycle Park over too long a period of time. Mr. Dickerhoff, noting the suggestion of moving the Cycle Park to another location and discussion on the cost involved, asked that if the City has another possible site,that that site be investigated in the next few days. Mr. Collier stated the Newkirk Dump Site and the Weir Canyon site were possibilities; however, the Weir Canyon area undoubtedly would be de- veloped residentially at some time. Also, that several different sites were investigated before the present one was chosen. He added that there was more interest and a greater number of petitions for this operation than for any previous undertaking, proving the operation is desired by the citizens. Councilman Pebley asked that the Newkirk Dump Site again be inves- tigated and stated that if the mobile home park is losing $15,000.00 per month in revenue because of the noise from the Cycle Park, as they have claimed, they probably would be willing to assist in a relocation. Signed 72 -69 City Hall, Anaheim, California COUNCIL MINUTES February 1, 1972, 1:30 P.M. Mr. Collier stated it was unfortunate that the day Councilmen Dut- ton and Stephenson visited the mobile home park the front part of the Cycle Park was not in operation and the larger, noisier bikes were being used next to the wall between the Cycle Park and mobile home park, whereas they nor- mally are not used in that area. He added that a sound test check at the line of the wall during the busy summer before the mobile home park started removing trees for construction showed a maximum of 55 decibels, which is well within the ordinance on sound. In reply to Council questioning, Mr. Collier advised that all bikes are checked each day to be sure they have proper mufflers. Councilman Dutton remarked that since the Cycle Park probably will be a permanent service offered to residents, it would be incumbent upon the City to also provide some of the landscape buffering. Mr. Collier reiterated that he would investigate the possibility of using the Newkirk Dump Site or Weir Canyon area as possible cycle park locations. RECESS EXECUTIVE SESSION: At the request of the City Manager, Councilman Dutton moved to Recess to Executive Session. Councilman Thom seconded the motion. MOTION CARRIED. (3:50 P.M.). ADJOURNMENT: At the conclusion of Executive Session and upon return of all Coun- cilmen to the Council Chambers, Councilman Pebley moved to adjourn. Council- man Stephenson seconded the motion. MOTION CARRIED. Adjourned: 5:20 P.M. City Clerk 7 2- 70 City Hall, Anaheim, California COUNCIL MINUTES February 8, 1972, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: M.R. Ringer ASSISTANT CITY ENGINEER: Ralph Pease DIRECTOR OF DEVELOPMENT SERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting of order. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Al- legiance to the Flag. MINUTES: Minutes of the Anaheim City Council Regular Meetings held January 18 and 25, 1972, were approved on motion by Councilman Pebley, seconded by Coun- cilman Stephenson. 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 Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $546,529.26, in accordance with the 1971 -72 Budget, were approved. PUBLIC HEARING VARIANCE NO. 2320: Submitted by Standard Oil Company of Califor- nia, to upgrade and modify an existing service station in addition to provid- ing new signing. C -R property located at the southwest corner of Katella Avenue and Harbor Boulevard, with waiver of: a. Maximum number of free standing signs. b. Minimum distance between free standing signs. c. Location of free standing signs. The City Planning Commission, pursuant to Resolution No. PC71 -248, denied said variance. Appeal from action taken by the City Planning Commission was filed by R.B. Couch, Applicant's representative, and public hearing scheduled this date. Zoning Supervisor Charles Roberts noted the location of subject property, existing uses and zoning in the immediate area, briefed the evi- dence submitted to and considered by the City Planning Commission, and read findings of the Planning Commission denoting the basis for their denial. He displayed Exhibit 4, containing two photographs of the proposed type of sign and advised that in their appeal letter the Applicant had changed a portion of their request, reducing the free standing sign on the corner of Katella Avenue and Harbor Boulevard to a height of 19 feet, and 47 square foot area. In reply to Council questioning, Mr. Roberts advised that the free- standing corner sign now proposed would be less than 507 of the square- footage of sign area of the existing sign. He further advised that the lighter boxes placed on canopy pillars are considered free standing signs, because they are not on the wall of the building and do have an emblem on them; that if there was no emblem they would be classified as lights.