1973/02/13,i i ty Hall, Aaaheim~ California - COUNCIL MINUTES -February 13~ 1973~ 1:30 P.Mo
The City Council of the C£ty of Anaheim met in regular session.
PI~T6 SENT:
~BSEN T:
PRESENT
COUNCII2~EN: Sneegas, Stephenson, Pebley, Thom and Dutton
COUNC II2~E N: None
CITY MANAGER: Keith A. Murdoch
CITY ATTORNEY: Joseph B. Geisler
CITY CLERK: Dene M. Daoust
CITY ENGINEER: James P. Maddox
FIRE CHIEF: James Riley
PARKS AND RECREATION DIRECTOR: John J. Collier
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Ragon T. Flannery of the First Christian Church gave the
Invocation.
FLAG SALUte: Councilman William J. Thom led the Assembly in the Pledge of
Allegiance to the Flago
SPECIAL TRIBUTE TO PUBLIC SERVANTS - FIRST CHRISTIAN CHURCH: Mayor Dutton
expressed appreciation on behalf of the City Council and all City
employees to Reverend Ragon T. Flannery for the special tribute to
all persons elected, appointed or employed by City, County, State
and Federal levels of government on Sunday, February 11, 1973o
CITY ATTORNEY'S REPORT - 1972 GRAND JURY INVESTIGATION - MURDOCH AND PIERSALL:
Mayor Dutton announced that he is requesting an adjourned regular
meeting be held at 1:30 p.m., February 22, 1973, in the Council
Chambers, for the purpose of receiving and reviewing the City Attorney's
report relative to the District Attorney and 1972 Grand Jury Investi-
gation of Mr. Murdoch and Mr. Piersallo He noted that both Mr. Murdoch
and Mro Piersall will be present at that time and will be afforded
an opportunity for the first time to face their accusers and answer
all of the allegations previously printed in the press. Further,
Mayor Dutton stated that the Council will not invoke its power of
subpoena but gives notice with this announcement that any and all
interested parties will have nine days to prepare whatever informa-
tion they think they have relative to the subject and will have an
opportunity to appear and present it at that time.
PROCLAb~IION: The following proclamation was issued by Mayor Dutton and unani-
mously approved by the City Council:
"Electrical Week" February 11 to 17, 1973.
~£NUTES: Minutes of the Anaheim City Council Regular Meeting held January 16, 1973,
were approved on motion by Councilman Pebley, seconded by Councilman Stephenson.
MOTION CARRIED.
~AIVER 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 Pebtey seconded the motion. MOTION LrNANIMOUSLY CARRIED.
i~PORT - FINANCIAL DEMARqDS AGAINST Tt~ CITer: Demands against the City~ in the amount
of S1,285,912.72, in accordance with the 1972-73 Budget, were approved°
?'UBLIC HEARING - HOUSEMOVING PERMIT: Application submitted by L. R. and Doris
Henderson, requesting a permit to move a structure from 1144 Lombard Street to
825 North Janss Street, Anaheim, continued from January 6, 1973, to comply with
publication requirements, was reviewed by the City Council, together with
report of the Development Services Department recommending said permit be granted
subject to the following conditions:
1. l~hat the existing structure shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim.
73-101
Cit~' Hall; Anaheimt California - COUNCIL MINUTES - February 13; 1973~ 1:30 P.M.
2. That a bond in the amount and form satisfactory to the City of
Anaheim shall be posted with the City to guarantee the completion of the above,
said bond to be posted at the time that the relocation permit is issued.
3. That the owner(s) of subject property shall pay to the City of
Anaheim the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the building
permit is issued.
4. That the owner(s) of the subject property shall deed to the City
of Anaheim a strip of land ten feet in width from the centerline of the alley
for alley widening purposes, such dedication to be complied with prior to final
building inspections.
Mayor Dutton asked if the Applicant was present and concurred with
the recommendations of the Development Services Department, to which Mr.
Henderson replied in the affirmative.
Mayor Dutton then asked if anyone either in favor or opposition to
the proposed housemoving wished to address the Council, there being no response,
declared the hearing closed.
RESOLUTION NO. 73R-51: Councilman Pebley offered Resolution No. 73R-51 for
adoption, granting said housemoving permit, subject to the conditions recom-
mended by the Development Services Department.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A
HOUSEMOVINO PERMIT TO L. R. AND DORIS HENDERSON, (825 NORTH JANSS
STREET).
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-51 duly passed and adopted.
DINNER DANCING PLACE PERMIT: Application filed by Bruce W. Morgan and Naomia J.
Yarbrough for dinner dancing place permit, to allow dancing at the Red Baron,
3291Miraloma Avenue, nightly from 7:00 p.m. to 2:00 a.m., was submitted and
granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code,
as recommended by the Cheif of Police, on motion by Councilman Stephenson,
seconded by Councilman Sneegas. MOTION CARRIED.
FIREWORKS DISPLAY PERMIT <DISNEYLAND): Application filed by Harry Ao Hescox,
President, California Fireworks Display Company, on behalf of Walt Disney
Productions, for permit to allow public fireworks displays February 16,
17 and 18, 1973 and June 16 through September 8, 1973, including midnight
New Year's Eve, at Disneyland Park was submitted and granted as requested,
on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION
CARRIED°
LIBRARY FILM POLICY: On report and recommendation of the Library Director,Councilman
Thom moved that the Anaheim Public Library revised film policy, governing use
and circulation of films, dated January 30, 1973, be approved. Councilman
Stephenson seconded the motion. MOTION CARRIED.
RECLASSIFICATION NO. 70-71-18 - RELEASE OF IMPROVEMENT BOND: R~quest by James M.
George, First Florida Building Corporation, requesting release of the improve-
ment bond required as a part of the conditions of approval pursuant to Resolu-
tion No. 70R-586 for C-1 zoning along the east side of State College Boulevard,
south of Sycamore Avenue, together with reports from the Development Services
Department and City Engineer recommending that said request be denied was
submitted.
On motion by Councilman Dutton, seconded by Councilman Sneegas, re-
lease of Improvement Bond No. 0.T.2-71-5 in the amount of $6,500.00 posted to
guarantee the improvement of State College Boulevard, as required of Reclassifi-
cation No. 70-71-18 was denied. MOTION CARRIED.
7 ~- 102
City Hall~ Anaheima California - COUNCIL MINUTES - February 13a 1973t 1:30 P.M.
ENVIRONMENTAL IMPACT REPORT NO. 87 ~CONDITIONAL USE PERMIT NO. 1309~: EIR No. 87
pertaining to the establishment of a travel trailer park on C-1 zoned property
located on Lincoln Avenue, immediately west of Carbon Creek Channel, together
with Environmental Impact Review Committee Analysis thereof, was submitted.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
the City Council received E.I.R. No. 87 and Committee Analysis thereof, and
adopted said report as the Statement of the Council. MOTION CARRIED.
ENVIRONMENTAL IMPACT REPORT - CLAIR SUBSTATION: Environmental Impact Report pre-
pared by the City Electrical Division for the Clair Substation, an electrical
distribution substation located.on the south side of Ball Road, west side of
Magnolia Avenue, together with Environmental Impact Review Co~ittee Analysis
thereof, was submitted and reviewed by the City Council.
Councilman Pebley moved that it be the finding of the Council that there
will be no substantial adverse environmental impac~ and there will be no ad-
verse irreversible changes involved in the proposed project, and that the Envir-
onmental Impact Repor~ as submitted, for the Clair Substation be adopted as the
Environmental Impact Statement of the Council and ordered filed with the City Planning
Department. Councilman Sneegas seconded the motion. MOTION CARRIED°
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held January 22, 1973, pertaining to the following applications,
were submitted for City Council information and consideration:
VARIANCE NO. 2472 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Submitted
by Marie Van Dusen, to establish a beauty salon and wig shop in an ex~sting resi-
dental structure on C-O zoned property located at the southeast corner of Euclid
Street and Alomar Avenue, with waiver of:
a. Permitted uses.
The City Planning Commission pursuant to Resolution No. PC73-21,
recommended that Environmental Impact Report not be required and granted' said
variance for a period of three years subject to conditions.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, it was the finding of the City Council that the
project would be trivial in nature and that no Environmental Impact Report or
Statement is required. MOTION CARRIED.
The City Council took no further action on Variance No. 2472.
CONDITIONAL USE PERMIT NO. 1370 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS:
Submitted by Sandman Motels, Inc., to establish a fully-enclosed restaurant on
M-1 zoned property located on the south side of Katella Avenue, west of State
College Boulevard.
The City Planning Commission pursuant to Resolution No. PC73-19,
recommended that Rnvironmental Impact Report not be required and granted said
conditional use permit subject to conditions.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, it was the finding of the City Council that the
project would be trivial in nature and that no Environmental Impact Report or
Statement is required. MOTION CARRIED.
1370.
The City Council took no further action on Conditional Use Permit No.
CONDITIONAL USE PERMIT NO. 1369 AND ENVIRONMENTAL IMPACT REPORT NO. 81: Submitted
by Floyd A. Blower, together with Enviromnental Impact Report Review Committee
Analysis, to establish a bus storage, service, maintenance and repair facility
on M-1 zoned property located at the northwest corner of Cerritos Avenue and
Lewis Street, with waiver of:
73-103
City Hall; Anaheim; California - COUNCIL MINUTES - Februar~ 13~ 1973~ 1:30 P.M.
a. Enclosure of outdoor uses.
The City Planning Commission pursuant to Resolution No. PC73-18,
recommended that Environmental Impact Report No. 81 be adopted as the Statement
of the Council and granted said conditional use permit subject to conditions.
ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Stephenson, seconded
by Councilman Pebley, the City Council accepted Environmental Impact Report No.
81 and Committee Analysis thereof, together with City Planning Commission recom-
mendation, and adopted said report as the Statement of the Council. MOTION
CARRIED.
The City Council took no further action on Conditional Use Permit
No. 1369.
STREET NAME CHANGE - WESTRIDGE CIRCLE TO WILLOWICK CIRCLE: The City
Planning Commission at their meeting of January 22, 1973, by motion,
recommended that that portion of Westridge Circle south of Nohl Ranch
Road, as shown on Tract No. 7569, be changed to Willowick Circle.
RESOLUTION NO. 73R-52: Councilman Stephenson offered Resolution No. 73R-52 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME
~_W~STRIDGE CIRCLE TO WILLOWICK CIRCLE. (that portion south of Nohl Ranch
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-52 duly passed and adopted.
STREET NAME CHANGE - BEECH STREET TO BEECHWOOD STREET: At the request of
property owners, the City Planning Con~nission at their meeting of
January 22, 1973, by motion, recommended that Beech Street between
Lincoln Avenue and Broadway, be changed to Beechwood Street.
RESOLUTION NO. 73R-53: Councilman Stephenson offered Resolution No. 73R-53
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME
OF BEECH STREET TO BEECHWOOD STREET.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCII/4EN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-53 duly passed and adopted.
STREET NAME CHANGE - VERDE VISTA lANE TO PERALTA WAY: At the request~ of prop-
erty owners, the City Planning Commission at their meeting of January
1973, by motion, recommended that Verde Vista Lane, extending south from
Peralta Hills Drive, be changed to Peralta Way.
RESOLUTION NO. 73R-54: Councilman Stephenson offered Resolution No. 73R-54
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME
OF VERDE VISTA LANE TO PERALTA WAY.
~iity Hall~ Anaheim~ California - COUNCIL MINUTES - February 13; 1973; 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-54 duly passed and adopted.
COUNTY OF ORANGE USE PERMIT NO. 3377 (ZA): The City Clerk submitted and read a letter
from Mr. Jerry Patterson, Attorney representing the Applicant, Anaheim Foundry,
dated February 9, 1973, requesting an opportunity to present additional infor-
mation to the Council regarding the proposal to establish a co.m~rcial stable
for a maximum of 200 horses on County property located east of State College
Boulevard, south of Winston Road. Mr. Reed, Zoning Administrator, County of
Orange, continued the County hearing to February 15, 1973, to allow
Mr. Patterson time to address the Anaheim City Council relative to their objec-
tion indicated at the February 8, 1973 hearing.
Mr. Jerry Patterson, 2122 North Broadway, Santa Aha, displayed a
rendering of the proposed boarding stable and explained that his client's plans
for subject property are for an interim period only, and that the permit would
be granted for a term of six years. He noted that his client considers their
plan to be advantageous to the surrounding industrial use, and the existing
dwelling unit will be remodeled to code requirements and enlarged. He indi-
cated that his client knows of two such boarding stables in the City of Orange
that operate without any complaints from adjacent property owners. Mr. Patter-
son further reported that the nearest and only industrial use to the proposed
stable at this time, is the Neville Chemical Company, and that the Marco-Oak
Industries building site would be at least the distance of the 250-foot setback
plus the width of the street from this proposed use°
The Council indicated that their prime concern in reco~nending denial
was based on the reaction received from Marco-Oak Industries which firm stated
that the granting of the use permit may cause them to change their plans and
not relocate their operation on the adjacent site.
It was the consensus of the Council that input from the Anaheim
Chamber of C~m.erce Industrial Committee should be received, and Councilman
Pebley thereupon suggested that Mr. Patterson make his presentation before that
C~m.ittee, so that the Council may have the benefit of their recommendation.
Councilman Sneegas moved that the City Council request the County
Zoning Administrator continue the hearing on County of Orange Use Permit No. 3377
(ZA) for one additional week for the purpose of allowing time for Council to
receive recon~nendation of the Anaheim Chamber of Co~nerce Industrial Committee
prior to any further statement regarding the City Council's position. Councilman
Stephenson seconded the motion. MOTION CARRIED.
PUBLIC IMPROVEMENT PROJECTS: Councilman Dutton offered Resolution Nos. 73R-55 and
73R-56 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-55 - WORK ORDER NO. 671-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A
PUBLIC IMPROVEMENT, TO WIT: THE FERN STREET STREET IMPROVEMENT~ FROM
BALL ROAD TO APPROXIMATELY 660 FEET SOUTH OF BALL ROAD, IN T~ CITY OF
ANAHEIM, WORK ORDER NO. 671-A. APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS~
SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be Opened - March 8, 1973, 2:00 P.M.)
RESOLUTION NO. 73R-56 - WORK ORDER,, NO. 673-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING ~ND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND CONPLETION OF A
73-105
City Hall, Anaheim; California - COUNCIL MINUTES - Februar~ 13! 1973; 1:30 P.M.
PUBLIC IMPROVEMENT, TO WIT: THE LA PALMAAVENUE - FEE ANA STREET
STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 673-A.
APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS
FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID
PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS,
ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A
NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be Opened - March 8, 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 Nos. 73R-55 and 73R-56 duly passed
and adopted.
RESOLUTION NO. 73R-57 - RESCINDING RESOLUTION NO. 73R-45 (WORK ORDER NO. 669-B):
Councilman Stephenson offered Resolution No. 73R-57 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING
RESOLUTION NO. 73R-45 FOR MODIFICATION, FURNISHING AND INSTALLATION
OF TRAFFIC SIGNALS AT INTERSECTION OF HASTER STREET AND KATELLA
AVENUE AND KATELLAWAY AND KATELLA AVENUE, WORK ORDER NO. 669-B.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-57 duly passed and adopted.
RESOLUTION NO. 73R-58 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution
No. 73R-58 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Frank & Mary Turley; Texaco
Ventures, Inc. & Anaheim Hills, Inc.; Emil E. & Gladys P. Blankmeyer;
Paul Pacera, Jr.; Frank E. & Clara L. Koss; Garland M. & Ruby Kelley;
Forest P. & Lucille E. Wolverton; Dorlyne 3. Genrich & Carol J. Stanfield;
Edward & Anna Gentalen; Octavia Phillips Payne, Woodrow & Ruth Payne;
Andrew M. & R. Myrtle Crain; Frank E. & Clara L. Koss; Gene E. & Vera H.
Ertckson; Catherine M. & Gerald M. O'Brien; Harry A. Hood; North Avenue
Properties, Inc.; Mar]orie Thompson & Jean Johnson; MarJorie Thompson &
3ean Johnson; James F. & Joyce C. Burge, Fred R. & Dixie L. Witte;
Leopold & Maria Nachttgall)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-58 duly passed and adopted.
PROPOSED ABANDONMENT NO. 71-8A - RESOLUTION NO. 73R-59: Councilman Thom offered
Resolution No. 73R-59 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAMEIMDECLARING ITS
INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE
FOR HEARING THEREON. (71-8A - March 6, 1973, 1:30 P.M.; east of Loara
Street, north of Broadway)
106
City Hall! Anaheiml California - COUNCIL MINUTES - February 13! 19731 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-59 duly passed and adopted.
RESOLUTION NO. 73R-60 - GRANT DEED~ ZION LUTHERAN CHURCH PROPERTY: Councilman Dutton
offered Resolution No. 73R-60 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACCEPTING A GRANT
DEED FROM THE ZION LUTHERAN CHURCH OF ANAHEIM AND AUTHORIZING PAYMENT THEREOF.
($185,000.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-60 duly passed and adopted.
LEASE AGREEMENT - FORMER ZION LUTHERAN CHURCH SANCTUARY AND PARSONAGE: Regarding the
proposal presented by Mr. Gray Kilmer for lease of a portion of the former Zion
Lutheran Church property on January 30, 1973, Mr. Geisler reported that it would
now appear that the City could morally and legally make such a commitment in light
of the fact that the group represented by Mr. Kilmer, The Covenant Presbyterian
Church of Anaheim, had entered negotiations for such lease with the Zion Lutheran
Church prior to purchase of the property by the City, and also due to the fact
that they have made substantial efforts to improve the pro~rty in the interim.
He advised that the sum of $400.00 per month has been offered by this group
and reco~Lm~ended acceptance of this offer, with a definite lease period rather
than a month-to-month basis.
M~. Murdoch advised that, despite the fact that the City has no present
use for the two structures involved, a term of two years would be the maximum he
would recommend be offered at the present time.
On motion by Councilman Stephenson, seconded by Councilman Pebley, the
City Council authorized the City Attorney to prepare the necessary lease docu-
ments for the former Zion Lutheran Church Sanctuary and Parsonage, to be leased
to The Covenant Presbyterian Chruch of Anaheim for a sum of $400.00 per month,
for a term of two years; said group may continue repairs and remodeling of sub-
ject property at their own risk, pending final Council approval of the lease
documents. MOTION CARRIED.
PURCHASE OF EQUIPMENT - SUBMERSIBLE SEWAGE PIRMP: Mr. Murdoch reported that the City
has been leasing a submersible sewage pump for use in the vicinity of Peralta
Hills, as a result of the earth slippage which occured on Santiago Boulevard,
with an option to purchase. He advised that the cost of the pump is $2,625.00,
including tax, and since the 30 day option period has almost expired, and it is
anticipated that the pump will be required for an additional period of time, far
exceeding the total cost, recommended that the option to purchase the pump from
Stang Hydronics be exercised.
Councilman Pebley inquired whether the cost for pumping sewage effluent
is a State responsibility.
Mr. Murdoch answered that there may be some State obligation but this
would be incumbent upon the City to prove, and in the mean time it is the City's
responsibility to operate the sewer system.
Mr. Geisler advised that if the responsibility for the earth slippage
is attributed to the grading and construction performed by the State of California,
then the City may possibly recover costs for damages.
73-107
City Hail; Anaheimr California - COUNCIL MINUTES - Februar~ 13; 1973t 1:30 P.M.
Councilman Pebley moved that the City exercise the lease option and
purchase the submersible sewage pump from Stang Hydronics, Inc., at a cost of
$2,625.00, including tax. Councilman Dutton seconded the motion. MOTION
CARRIED.
EXTENSION OF CONTRACT - GEHRY ASSOCIATES: Mr. John Collier, Park and Recreation
Director recon~nended an extension of the Gehry Associates contract for con-
sulting architectural services at the Greek Theater, for a sum not to exceed
$2,000.00. He explained that the original contract was awarded in 1969 on
the same terms, and all funds have been used. He noted that a number of
improvements have been made at the Greek Theater under the direction of this
consulting firm, although the work has been performed with City personnel.
He cited the popularity of the Theater, stating that it was utilized last
summer for 45 various types of programs which were attended by an estimated
15,000 people. He stated' that there are still some areas in need of improve-
ment and should be taken care of to make this a more permanent facility.
Councilman Dutton asked why an additional two years of consultation
are required.
Mr. Murdoch replied that Parks and Recreation Department has performed
what work could be done with the funds available, and some of the projects have
been carried forward, but that a major portion of the construction may be im-
plemented shortly. Mr. Murdoch further reported that in the past this firm has
provided consulting services regarding fencing, doors, entries, acoustics,
sight lines and floor concepts. The major areas that will be considered with
the extension of the contract are the stage itsel~ and the stage acoustics and
lighting. He also advised that this firm does not perform any work without
specific request of the Parks and Recreation Department.
On motion by Councilman Dutton, seconded by Councilman Sneegas,
renewal of the Gehry Associates contract for consulting services at the Greek
~heater for a fee not to exceed $2,000.00, was authorized, as rec~,m~ended.
MOTION CARRIED.
PURCHASE OF EQUIPMENT - THREE DETECTIVE SEDAN UNITS: Mr. Murdoch reported that the
bid of La H abra Dodge in the amount of $10,588.50, including tax,. for three
detective sedan units, which was accepted at the January 16, 1973, meeting was
incorrect, as they had neglected to include the cost of automatic transmissions
on these units, per City specifications, which adds up to a difference of
$87.00 per unit. He rec~,m,ended that La Habra Dodge be relieved of this bid,
as they have requested, and that the low bid of $10,036.66, including tax,
from McPeek Chrysler Plymouth of Anaheim be accepted for these three units,
to be added to the four previously~approved. He advised that the Police
Department feels they have sufficient variety of detective units to replace
these seven units from one supplier.
On recon~nendation of the City Manager, on motion by Councilman
Pebley, seconded by Councilman Stephenson, withdrawal of the bid by La Habra
Dodge for three detective sedan units in the amount of $10,588.50, including
tax, was approved. MOTION CARRIED.
On recommendation of the City Manager, on motion by Councilman
Pebley, seconded by Councilman Sneegas, the low bid of McPeek Chrysler Plymouth
of Anaheim was accepted and purchase of three units authorized in the amount
of $10,036.66, including tax. MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed on
motion by Councilman Thom~ seconded by Councilman Pebley:
a. City of Buena Park - Resolution No. 4853 - Supporting the Orange
County Board of Supervisors' approval of the establishment of additional air
pollution monitoring stations on a priority basis.
b. School Traffic Safety Committee Meeting - Minutes January 24,
1973.
c. Anaheim Parks and Recreation Commission - Minutes - January 18,
1973.
MOTION CARRIED.
7 ~- 108
(Jr Hall Anaheim~ California COUNCIL MINUTES - February 13; 1973; 1:30 P.M,
ORDINANCE NO. 3132: Councilman Dutton offered Ordinance No. 3132 for adoption.
Refer to Ordinance Book.
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. (RH-22,000)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3132 duly passed and adopted.
ORDINANCE NO. 3134: Councilman Stephenson offered Ordinance No. 3134 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (55) & (56) - M-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3134 duly passed and adopted.
ORDINANCE NO. 3135 - RECINDING ORDINANCE NO. 3129: Councilman Stephenson offered
Ordinance No. 3135 as an urgency ordinance for adoption. Said ordinance was
read in full by the City Clerk.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCE NO. 3129 AMENDIMG
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO YARDS AND BUILDING
SETBACKS IN ZONING. (all residential zones)
Roll Call Vote:
AYES: COUNCILMEN
NOES: COUNCILMEN
ABSENT: COUNCILMEN
Sneegas, Stephenson, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3135 duly passed and adopted.
ORDINANCE NO. 3133: Regarding Ordinance No. 3133, amending Title 15, Chapter 15.04,
Section 15.04.070 relating to the Building Code, proposed for final reading and
adoption as an urgency measure today, the City Clerk advised that a letter has
been received from the Orange County Chapter, Building Industry Association of
California, Inc., dated February 8, 1973, which urges adoption of Section 1807
of the 1973 Uniform Building Code in its place.
Fire Chief James Riley summarized the ordinance presented for adoption
last week which added automatic sprinkler requirements for high-rise and large area
single-story type occupancies, and ~xplatned that simultaneous to this presentation,
an ad hoc committee comprised of building officials and fire marshalls from
Orange County had been engaged in reveiw of Section 1807 of the Uniform Building
Code for 1973 to ascertain whether this would apply to the cities within Orange
County, and whether this represented a concept which all could agree. This
committee, subsequent to the discussion and first reading of Ordinance No. 3133
last week, did come up with a recommended ordinance similar to the 1973 Uniform
Building Code, Section 1807.
For the sake Of County, and perhaps State-wide uniformity, Chief Riley
respectfully requested withdrawal of'the ordinance presented last week and
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City Hall; Anaheim~ California - COUNCIL MINUTES - February 13~ 1973~ 1:30 P.M.
substitute in its place, an amendment to Section 1807 of the 1973 Uniform
Building Code. Chief Riley stated that if this is approved throughout the
County, as it now exists, it will provide a good uniform ordinance for
application to multiple story buildings.
Chief Riley compared the provisions of the 1973 Uniform Building Code
concept of high-rise with the amendment to Section 1807, stating that these are
identical with the exception of the following: (1) In the amendment the com-
partmentation concept has been deleted; (2) the height of buildings involved
is lowered from 75 feet to 55 feet; (3) the original Uniform Building Code
document applied to high-rise structures in the F-2 and H occupancy classes,
this has been amended to apply to all occupancies.
The rationale underlying the amendments to Section 1807, according
to Chief Riley were that. the compartmentation provision would not achieve the
desired objective of eliminating fires in high-rise structures, its function
would be to contain the fire and thereby restrict the fire area to the size of
the compartment.
Regarding reduction of applicable height from 75 feet to 55 feet,
Chief Riley outlined the difficulties experienced by the Fire Department in
dealing with fires at 55 feet he explained that the department's tallest ground
ladder is 50 feet and when deflection for climbing is figuced, these reach to
only approximately 45 feet. The Fire Department has two 100 foot aerial ladders,
but these are difficult to manage and not necessarily effective at 100 feet,
noting the ground access difficulties often encountered. Chief Riley concluded
that in his estimation and in the role of the Fire Department fighting a
fire, it is felt that the sprinkler requirement should start at 55 feet.
Chief Riley explained that the third change, application of this
ordinance to all occupancy classes in high-rise structures, has been requested
even though it is difficult to imagine an occupancy other than the F-2 (office)
and H (Hotel-Apartment) as originally stipulated, in high-rise structures,
because both the Fire Department and the Building Department think it is im-
portant that this ordinance apply to any building with usable floor space above
55 feet.
In conclusion, Fire Chief Riley advised that the portion of this
ordinance which is being withdrawn today, i.e., sprinkler requirement in build-
ings other than high-rise structures, is presently being reviewed by the same
ad hoc con~nittee and should an amendment acceptable to both the Fire Department
and Building Department result from their analysis, this will be recommended
to the Council for adoption at a later date.
Mr. Murdoch pointed out that with the modifications as presented by
Chief Riley, this recommendation is entirely in accord with that presented by
the Orange County Chapter of the Building Industry Association. The removal
of the Table No. 5-C section was the Building Industry's primary concern.
Councilman Pebley stated his approval and support of aUniform Building,
Fire, and Electrical Codes throughout the County.
ORDINANCE NO. 3133: Following Council discussion, it was agreed, by general
Council consent, that Section 1807 of the 1973 Uniform Building Code, with
the modifications outlined above, be adopted as Ordinance No. 3133, as recom-
mended by the Fire Chief and the Chief Building Inspector. Councilman
Stephenson thereupon offered Ordinance No. 3133 for amended first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18~ CHAPTER 15.04~
SECTION 15.04.070 RELATING TO THE BUILDING CODE AND DECLARING THE
URGENCY THEREOF.
COST/FEE STUDY: On recon~nendation of the City Manager, the Development Services
Department recommendation regarding zoning fees was continued for one addi-
tional week for additional analysis.
CONNECTION FEES - SANITATION DISTRICT NO. II: Councilman Stephenson advised that
the proposed Sanitation District No. II connection fees will be voted on at
the February 14, 1973 meeting of said district, and, being the delegate,
7 ~- 110
~ity Hall; Anaheim; California - COUNCIL MINUTES - February 13; 1973; 1:30 P.M.
requested that Council reaffirm their position on these proposed fees. He re-
ported that the proposal provides for sewage connection fees of $50.00 per single-
family unit and $125.00 per dwelling unit in a multiple family building.
charges.
Councilman Pebley inquired why there is a difference in these per unit
Councilman Stephenson answered that it was considered that the multiple
dwelling units would use proportionately more of the sewer capacity than would
single-family units built on the same amount of acreage.
Councilman Pebley noted that these connection charges would be equita-
ble if they were based on a per acre method rather than per unit, pointing out
that the multiple dwelling unit structures would still be paying proportionately
more if the charge were $50.00 per dwelling unit for them as well. He further
remarked that he strongly felt that the connection fees proposed were extremely
inequitable and would discourage multiple family unit construction.
Councilman Thom stated that these charges reflect the increased costs
of developing to higher densities.
Councilman Stephenson advised that the proposed fees were developed to
cover the costs of installing and maintaining a new interceptor line which will
extend from Plant No. 2 to Katella Avenue, and from there to the Riverside Freeway,
and these fees were computed so that each unit will pay its share of this cost.
Mr. Geisler stated that a single-family home usually is larger, accom-
modates more people, and utilizes more water and sewage capacity than the typical
apartment unit, and pointed out, for comparison purposes, that a four-unit apart-
ment house on one acre of land would be required to pay a $500.00 connection fee,
whereas, the single-family dwelling, on the same one acre would pay $50.00, and to him,
this did not appear equitable.
Following Council discussion on the philosophy and objectives of these
connection fees, it was the opinion of the majority that the connection fee charged
should be exactly the same for each type dwelling unit, i. e., if it is to be $50.00,
it should be $50.00 per single-family unit and $50.00 per multiple family dwelling
unit. If the sum of money thus raised would not cover the expense, as it is intended,
then they felt the fee should be increased, but should still remain the same~per unit.
Councilman Pebley thereupon moved that the delegate be instructed to vote
that the connection fees be set at whatever amount is necessary, but that the fees
be based on an equal per unit basis. Councilman Sneegas seconded the motion.
Prior to voting on this motion, Councilman Thom expressed his opinion that
the sanitation connection fees as proposed were meant to reflect the higher costs of
higher density development, and further stated that apartments, conversely to single-
family residences, are income-producing projects and therefore should pay proportion-
ate]y more.
Councilman Pebley pointed out that the individual in a townhouse or con-
dominio~n is not in an income-producing situation, and would still be required to
absorb the higher connection charge.
Mr. Murdoch made the observation that perhaps part of the rationale in the
differences in these fees was that the sewage system was originally desi§ned to
accommodate R-1 development, and the cost of additional sewer capacity, Since it is
required to serve the higher density development~ should be absorbed bythe segment
causing the need for additional capacity.
At the request of Councilman Stephenson, the City Engineer reported on
telephone conversation with Mr. Fred Harper, General Manager of Sanitation District
No. 2, that their reasoning behind these connection charges was twofold: (1) That
the R-1 single-family home is normally valued at more than an individual apartment
73-111
City Hall~ Anaheim, California - COUNCIL MINUTES - February 13z 1973~ 1:30 P.M.
unit and therefore will pay more taxes over the years, and the higher apart-
ment connection fee was an attempt to equalize this over an extended period
of time; (2) That the sewage system was originally designed for lesser density
and it may be possible that the District will have to parallel lines because
of the increased demands made by the higher density developments.
Mr. Murdoch stated, if using the theory that residential structures
which pay higher taxes should pay lower connection fees, consideration should
be given to owners of higher-priced homes, and in order to be equitable, the
connection fee should be graduated according to property value or amount of
taxes paid, which is not what has been proposed in the past.
Councilman Sneegas remarked that he felt there is some merit in
taking into account the valuation and property taxes when figuring connection
fees, but noted that some condominiums and apartments are also highly priced
and taxation is still determined by the actual value of the property°
The motion previously made by Councilman Pebley was restated.
Roll call vote was requested by Mayor Dutton:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Sneegas, Pebley and Dutton
Stephenson and Thom
None
Mayor Dutton declared the MOTION CARRIED and the delegate hereby
instructed to vote that the connection fees be set at whatever amount is
necessary to recover the cost of the interceptor sewer, but they be based on
an equal per unit basis.
THE CITY ATTORNEY'S REPORT REGARDING 1972 GRAND JURY INVESTIGATION - MURDOCH AND
PIERSALL: Councilman Thom reiterated for the press his original comment, that the
City Attorney's Office was not the proper office to make this particular
review, and doubted whether the City Council could hear their recon~nendations
in any type of objectivity because they have already prejudged the matter, and
that he still felt this way. He stated that he still feels that this review
should be undertaken by an impartial third party, but that he will participate
in the meeting on February 22, 1973, as scheduled.
Mayor Dutton replied that his position in this matter, which he felt
the City Attorney would uphold, is that this is the proper procedure and the
City Council is the proper agency to hear this information. He pointed out
that Councilman Thom was the.only Councilman who went to the Attorney's Office
to review this information, and the remainder of the Council will hear it for
the first time when presented by the Attorney's Office on February 22, 1973.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Pebley seconded the
motion° MOTION CARRIED.
Adjourned: 3:30 P.M.
City Clerk