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1973/02/2073-11'2 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 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 DEPUTY CITY CLERK: Aloha M. Farrens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts ADMINISTRATIVE ANALYST: William Butcher ADMINISTRATIVE AIDE: William Armstrong Mayor Dutton called the meeting to order. INVOCATION: Reverend John K. Saville, of St. Michael's Episcopal Church gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas 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: "Easter Seal Month" - March 1 through April 22, 1973. RESOLUTION OF WELCOME: A Resolution of Welcome was issued to the Golden Gloves California Championship, sponsored by the Orange County Veterans of Foreign Wars, Post No. 3173, by Mayor Dutton and unanimously ratified by the City council. Mr. Bill Rogers accepted the resolution on behalf of the Veterans of Foreign Wars. RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council in recognition of the recent accreditation of the Anaheim Chamber of Commerce by the Chamber of Commerce of the United States. MINUTES: Minutes of the Anaheim City Council Regular Meeting held January 23, 1973, were approved on motion by Councilman Pebley, seconded by Councilman Dutton. 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 reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. CouncilmAn Pebley left the Council Chambers at 1:35 p.m. REPORT - FINANCIAL DEMANDS AGAINST TH~ CITY: Demands against~the City in the amount of $1,384,037.79, in accordance with the 1972-73 Budget, were approved. MOHLER DRIVE ANNEXATION - RECORD OF CANVASS OF RETURNS OF SPECIAL ANNEXATION ELECTION HELD FEBRUARY 132 1973: Comprising approximately 520 acres located briefly south of Santa Ana Canyon Road, encompassing the Mohler Drive area. Mayor Dutton appointed the following Canvassing Board to canvass the returns of the Mohler Drive Annexation Election held February 13, 1973: INS~CTOR: Councilman Stephenson Councilman Sneegas Councilman Thom The tally list of the election precinct and the absentee vote were compared with the roster and Councilman Stephenson announced that the total number of votes cast in said election, including the absentee ballots, was 11.6; 71 being in favor of annexation and 45 against annexation° 73-113 City HallI Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. RESOLUTION NO. 73R-61: Councilman Stephenson offered Resolution No. 73R-61 for adoption. RESOLUTION NO. 73R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CAUSING A RECORD OF CANVASS OF RETURNS OF SPECIAL ELECTION TO BE ENTERED UPON ITS MINUTES. (MOHLER DRIVE ANNEXATION) WHEREAS, the City Council of the City of Anaheim has canvassed returns of a certain special annexation election held on the 13th day of February, 1973, in certain unincorporated territory sought to be annexed to said City of Anaheim; and WHEREAS, the City Council has caused a record to be made of the canvass of returns of said election, which record is entitled, "RECORDS OF CANVASS OF RETURNS OF SPECIAL ANNEXATION ELECTION HELD FEBRUARY 13, 1973." WHEREAS, the City Council finds that the total number of votes cast in said election was 116 including 3 absentee ballots; that the total number of votes cast in said election in favor of annexation was 71; that the total number of votes cast in said election against annexation was 45. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said record of canvass of returns of said election be, and the same is hereby ordered entered upon the minutes of said City Council. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of February, 1973. /s/ Jack C. Dutton MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Dene M. Daoust CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R~61 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 20th day of February, 1973, by the following vote of the members thereof: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMF~N: COUNCILMEN: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton None Pebley None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 73R-61 on the 20th day of February, 1973. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of February, 1973. (SEAL) /s/ Dene M. Daoust CITY CLERK OF THE CITY OF ANAHEIM 73-114 City Hall, Anaheim, California - COUNCIL MINUTES - February 20~ 19730 1:30 P.M. ORDINANCE NO. 3136: Councilman Stephenson offered Ordinance No. 3196 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO SAID CITY OF ANAHEIM OF CERTAIN INHABITED TERRITORY KNOWN AS MOHLER DRIVE ANNEXATION. CONTINUED PUBLIC HEARING - VARIANCE NO~ 2451 (ENVIRONMENTAL IMPACT REPORT NO. 73 AND TENTATIVE TRACT NO. 8075~ REVISION NO. 3: Variance Application No. 2451, together with Environmental Impact Report No. 73, were submitted by Anaheim Hills, Inc., and Texaco Ventures, Inc., requesting the establishment of a 184-1ot subdivision (Tract No. 8075) on R-A zoned property located on both sides of Serrano Avenue, northeast of Serrano Avenue and Nohl Ranch Road, with waivers of: a. Requirement that residential lots rear on arterial highways. b. Minimum lot width. c. Minimum width of cul-de-sac lots. do Minimum lot area. ENVIRONMENTAL IMPACT REPORT NO. 73: Enviror~nental Impact Report No. 73 was sub- mitted, together with Environmental Impact Report Review Co~uittee Analysis, and City Planning Commission Resolution No. PC72-331, recommending that said report be adopted as the Environmental Impact Statement of the City Council. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council received Environmental Impact Report NOo 73, Committee Analysis thereof, and City Planning Commission rec~mL,endations and adopted said report as the Statement of the Council. MOTION CARRIED. The City Planning Cormnission pursuant to Resolution No. PC72-332, denied Variance No. 2451. Appeal from action taken by the City Planning Com- mission was filed by Horst J. Schor, Vice President, Planning and Engineering, Anaheim Hills, Inc., and the public hearing scheduled February 6, 1973, was continued to this date at request of the Applicant. Councilman Pebley returned to the Council Chambers. (1:45 P.M.) Mr. Roberts briefed the location of subject property, noting it is within the Anaheim Hills Lakeview No. 2 and Eastridge areas immediately east of the reservioro The plan submitted to the City Planning Co~m~Lission indicated that the developer proposed to build 184 single-family lots on 62 acres, however, subsequent to denial by the City Planning C~,m~ission, a revised plan has been submitted, and Mr. Roberts explained that the addendum to the staff report sub- mitted this date is in reference to this revision. Mr. Roberts summarized the reasons the Applicant had originally requested certain Code waivers: i.e., there were five lots proposed to side on Serrano Avenue, which is an arterial highway; in 80 of the 184 lots the widths ranged from 55 feet to 68 feet, which is below the minimum 70-foot width requirement for an R-1 zone; regarding the minimum 60-foot'width at the building Setback line on cul-de-sac lots, 17 of these range from no frontage at all up to 59 feet; regarding minimum lot area of 7,200 square feet, 24 lots or 137o of the total range from 6,000 up to 7,200 square feet. Further, the City Planning Commission considered the circulation ele- ment a serious problem in the event of a natural disaster, as ingress and egress for emergency equipment may be extremely difficult. Also~ there is concern regarding the maintenance o~ the Metropolitan Water District easement on the westerly boundary of this property, and it was the opinion of the City Attorney that this should be included either in this development or in that to the west. The engineer has not included this easement in Tract No. 8075, and it is assumed it will be incorporated when the property to the west is developed. The most recent revised tract map reduces the area by 2 acres, to a total of 60 acres as some of the area originally included was within the Agricul- tural Preserve, and the total number of lots has been reduced by four to a total of 180. Mr. Roberts summarized the findings of the City Planning C~m~ission in the denial of Variance No° 2451 and Tentative Tract Map No. 8075, Revision No. 2, 73-115 City Hall, Anaheim, California - COUNCIL MINUTES - February 20, 1973, 1:30 P.M. and noted that the map submitted as Revision No. 3 (not previously reviewed by the City Planning Commission) reveals that the number of side-on lots has been reduced from five to four and that the pad elevations on these lots have been lowered beyond that of the adjacent arterial highway. The four remaining side- on lots show a grade differential to the arterial highway of 20 feet which would preclude these parcels from being converted to commercial use. In the revision, all lots have been brought up to 6,000 square feet or more, with the exception of two, which are hillside lots. He noted also that the alignment of Thrasher Lane, in the northwestern side of the tract, has been changed on Revi- sion Noo 3, due to the fact that the slope on the west side has been changed from 2:1 to 1~:1 and because of this steeper slope, the developer was able to accomplish a larger pad area and shift Thrasher Lane further to the west, thereby adding additional depth to the lots that rear on Serrano Avenue. The forty-foot setback thus established no longer precludes the development of the three lots north of Thrasher Lane. In the easterly portion of the tract there are three lots served by a private accessway, and under the original plan this accessway was located at the base of the slope which divided these three lots in half; this has been revised and the accessway relocated adjacent to the top of the other slope facing wes~ and the lots are no longer divided. Tentative Tract Map No. 8075, Revision No. 3, was reviewed at Council table, and Councilman Thom asked whether the Planning Commission has seen this latest revision. Mr. Roberts advised that Revision No. 3 was received just after the February 6, 1973, Council meeting and has not been reviewed by the City Plan- ning C~ission, and read an excerpt from the City Planning Co~uission Minutes, expressing their concern and recommending the redesign of the tract map be submitted to the Commission for review, however, the Petitioner requested the Planning Commission base their action on the tract map before them (Revision No. 2). Mr. Roberts recommended, should the Council approved this variance and tentative tract map, Revision No. 3, an additional condition be imposed on the tract map requiring recordation of an agreement to landscape, irrigate and provide perpetual maintenance for all slopes ~utside of the tract boundaries created by the grading operations of this tract, which would apply to a parcel immediately to the west presently owned by Anaheim Hills, which they have indi- cated may be sold to the City of Orange for a water treatment plant. Councilman Dutton inquired as to why the developer should provide maintenance in perpetuity to a slope which he will not own. Mr. Roberts advised that the slope area should be landscaped now to avoid erosion and when and if the property is sold, the responsibility for its maintenance and irrigation will be transferred along with the title. Mayor Dutton asked if the Applicant or his Agent were present and wished to address the Council. Mr. Horst J. Schor, Vice President, Anaheim Hills, Inc., 380 Anaheim Hills Road~ stated that the Development Services' report has accurately out- lined the concerns expressed by the Planning Commission as well as the amend- ments incorporated into Revision No. 3 of Tentative Tract~ Map No. 8075. He agreed to stipulate to the conditions presented by Development Service Depart- ment~ including the planting and maintenance of the slope outside of the tract boundary. He advised that they have committed themselves to include the Metro- politian Water District easement in development proposed for the westerly side of this tract. Mr. Schor observed that the original density has been decreased by one unit per acre~ from four to three units per acre. He pointed out that this project is proposed for a Planned Community Zone, and one of the intentions in the creation of this zone was to allow some flexibility to the hillside develop- er. He was of the opinion this project, which contains only 24 lots which are less than 7,200 square feet, is a well-balanced tract, providing the variety of lot sizes sought by their potential customers. 73-116 City Hall, Anaheim~ California - COUNCIL MINUTES - February 20, 1973, 1:30 P.M. The Mayor asked is anyone else in favor or opposition to the proposed project wished to address the City Council, and hearing no response, declared the hearing closed. With reference to the Planning Co~m~,ission Minutes and action, Council- man Dutton felt that the problems noted have been alleviated by Revision Noo 3, and further, in regard to the lot sizes, that allowance should be considered because of the topography of the area. Councilman Thom con~ented that hardship would be difficult to prove in this situation, as the applicant was aware of the area topography prior to designing the tract. Further, he could not agree with the methodology used to circumvent submission of Revision No. 3 to the Planning C~m~ission and noted that although Revision No. 3 is a step in the right direction, all of the con- cerns expressed by the Planning C~Lission have not been reconciled. RESOLUTION NO. 73R-62: Councilman Dutton was of the opinion the developer has reasonably complied with the Planning C~m,ission concerns and thereupon offered a resolution to grant Variance No. 2451, subject to the conditions reco~nended by the Interdepartmental C~mL~ittee, with amendments, as follows: 1. That this variance is granted subject to the completion of annex- ation proceedings on affected portions of subject property, and the completion of Reclassification No. 71-72-44, now pending, and Tract No. 8075, Revision No. 3. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, Revision No. 1; provided, however, that final specific plans shall be submitted and approved in accordance with the provisions of the PC, Planned Community, Zone prior to the approval of the final tract map. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2451. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton Thom None The Mayor declared Resolution No. 73R-62 duly passed and adopted. TENTATIVE MAP~ TRACT NO. 8075~ REVISION NO. 3: Developer, Anaheim Hills, Inc., and Texaco Ventures, Inc., property located on both sides of Serrano Avenue, northeast of Serrano Avenue and Nohl Ranch Road; containing 180 proposed R-1 zoned lots. The City Planning Commission at their meeting of December 27, 1972, denied Tentative Map, Tract No. 8075, Revision No. 2 (184 lots). Mrl Roberts reported Revision No. 3 (180 lots) has not been reviewed by the Co~unission. On motion by Councilman Dutton~ seconded by Councilman Stephenson~ Tentativa Map, Tract No. 8075, Ravtsion No. 3 was approved, subject to the recom- mendations of the Interdepartmental Co~nittee, with the addition of Condition No. 15, regarding landscaping and maintenance agreement as follows: 1. That approval of Tentative Map of Tract No. 8075, Revision No. 3 is granted subject to completion of Reclassification No. 71-72-44 and Variance No. 2451. 2. That should this subdivision be developed as more than one subdivi- sion, each subdivision thereof shall be submitted in tentative form for approval. 3. That in accordance with City Council policy, a six-footmasonry wall (or an alternative approved by the Development Services Department) shall be constructed on the property lines separating Lot Nos. 1, 2, 13 through 18, 73-117 City Hall~ Anaheim, California - COUNCIL MINUTES - February 20, 1973, 1:30 P.M. 44, 45, 51, 52, 59, 63, 64, 65, 73, 74, 82, 83, 84, 88 through 106, 170 through 180, from Serrano Avenue; and along the property lines separating Lot Nos. 10 through 13, 19, 84 through 87, from Glory Lane, such walls shall be measured from the highest finished grade level of subject property or the adjacent road- ways, whichever is highest. Reasonable landscaping including irrigation facil- ities shall be installed within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be sub- mitted to and subject to the approval of the Parkway Maintenance Superintendent. Following installation and acceptance, the property owner shall assume respon- sibility for maintenance of said landscaping to the lot lines, regardless of the location of the walls. The City of Anaheim shall assume responsibility for maintenance of landscaping in the Serrano Avenue and Glory Lane rights- of-way. 4. That all lots within this tract shall be served by underground utilties. 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 any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and further that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 8. That this Tentative Tract is approved subject to completion of annexation of subject property to the City of Anaheim. 9. That the gutters shall be installed along Serrano Avenue, Glory Lane, Lilac Lane and White Sage Lane as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 10. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer and shall include construction of drainage facilities of a size and type sufficient to carry runoff waters originating from higher properties south of Santa Aha Canyon Road through said property to ulti- mate disposal as approved by the City Engineer. Reimbursement agreements may be made available to the developers of said property upon their request. 11. That the property lines shall be a minimum of one (1) foot of top of slopes as required in Section 17.06.110(b) of the City of Anaheim Municipal Code. 12. That the maximum street grade on any street shall not exceed 12%. 13. That the developer shall provide full street improvements on both sides of the centerline of Serrano Avenue from Hidden Canyon Road through the tract. 14. That prior to the approval of the final tract map, final specific plans shall be submitted and approved in accordance with the provisions of the PC, Planning Community~ Zone. 15. That prior to approval of the final tract map~ the owner shall provide the City with an agreement to landscape, irrigate and provide perpetual maintenance for all slopes outside the tract boundaries which are created by the grading operations for this tract. Said agreement shall be recorded con- currently with the final tract map. To this motion Councilman Thom voted "no". MOTION CAB/~IED. PUBLIC HEARING - VARIANCE NO. 2467 AND REgUEST FOR ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of De Witt R. Lee, was submitted, together with request for exemption status from filing of an Environmental Impact Report, to estab- lish a 40-square foot directional billboard two to three feet from the 30-foot easement on Lincoln Avenue, on C-1 zoned property, located at the southeast corner of Lincoln Avenue and Magnolia Avenue~ with waivers of: a. Minimum distance of a billboard from a single family residence. b. Minimum front setback. The City Planning Commission, pursuant to Resolution No. PC73-6, rec~ended that no environmental impact report be required and denied Variance No. 2467. 73-118 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Appeal from action by the City Planning Commission was filed by A. W. Hancock, Senior Vice President, Walker and Lee Real Estate, and public hearing scheduled this date. EXEMPTION DECLARATION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Council received the application for Exemption Declaration Status and determined the impact of said project would be trivial in nature, thereby requiring no environmental impact report or statement by the Council. MOTION CARRIED. The Deputy City Clerk advised that revised plans have been filed reducing the size of the requested sign. Mr. Roberts noted the location of subject property and related that the site was formerly developed with a real estate office which subsequently was demolished to allow construction of a service station on the corner parcel. Walker and Lee Realtors have since developed a new real estate office on the southerly portion and retained a 30-foot easement along the easterly side of the service station property for additional access. Mr. Roberts advised that the proposed location of the sign is irmnedi- ately adjacent the arterial highway and within 75 feet of a residential struc- tureo The billboard ordinance requires that the required setback in the under- lying zone be maintained, which in this case would be 35 feet° He further advised that the original proposal for a 40-square foot billboard has been revised and reduced to a 3-foot by 6-foot sign located 8 feet above the ground (18 square feet). Mr. Roberts reported the Planning Commission felt that approval of this proposal to locate the billboard on an access drive with frontage on an arterial highway would establish a precedent, encouraging similar requests, and read the findings from the Planning Commission's resolution of denial. In answer to Councilman Dutton, Mr. Roberts reported the sign would probably be classified as an off-site sign as it is for directional purposes for the real estate office, however, will be located on the service station property over which the real estate company has an easement. Mr. Geisler advised that even though the real estate company has an easement on the property, it is not a sufficient interest in said property on which to build a Structure, and is not a part of the property on which their office is located, therefore it would have to be considered off-site. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. A. W. Hancock, 1477 South Manchester, representing Walker and Lee, utilized a map of subject area to indicate the traffic situation on Lincoln and Magnolia Avenues which prompted the request for a directional sign to be located on Lincoln Avenue which would indicate access to their parking lot from this point. This would eliminate left turns across traffic to enter at the Magnolia entrance. He further advised they do have a lease for the ease- ment, and it includes the placement of subject sign upon approval by the City° Mr. Hal Redman, Manager of the Walker and Lee office at 116 South Magnolia, stated he can testify to the traffic problem which is compounded by the construction of the service station and was of the opinion this directional aid would help to alleviate the traf£ic congestion at this intersection. He noted that the original sign proposed was revised as the Planning Commission suggested it was more an advertising type of sign, rather than directional, which was not their intent. The Mayor asked if anyone else either in favor or opposition wished to address the City Council, and, there being no response, declared the hearing closed. RESOLUTION NO. 73R-63: Councilman Pebley concurred that'the traffic at the intersection of Magnolia and Lincoln Avenues is very congested and, therefore, 73-119 City Halla Anaheima California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. to permit the construction of such a directional sign, in his opinion, would not establish a precedent, and thereupon offered Resolution No. 73R-63 for adoption, granting Variance Noo 2467 to permit the establishment of an 18-square foot directional sign as requested, subject to the Interdepartmental Committee recommendations, as follows: 1. That this Variance is granted subject to the completion of Conditional Use Permit No. 1290, now pending. 2. That Condition No. 1, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the Sign Permit is issued or within a period of one year from date hereof, whichever occurs first, or such further time as the City Council may grant. 3. That subject property shall be developed substantially in con- formance with plans and specifications on file with the City of Anaheim and marked Exhibit Nos. 1, 2, and 3. Prior to voting on the resolution, Council Stephenson remarked, in effect, this is an off-site sign, which does not conform with the sign ordin- nance, and, further, if the proposed development at this location adds to the traffic congestion, perhaps the original use application should be reconsidered. Councilman Sneegas was of the opinion that the directional sign would not alleviate the traffic situation, as the drivers looking for an address on Magnolia would not notice a directional sign on Lincoln Avenue. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2467. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNC II2MEN: ABSENT: COUNCILMEN: Pebley, Thom and Dutton Sneegas and Stephenson None The Mayor declared Resolution No. 73R-63 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1365 AND REQUEST FOR ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Rayco, Inc., together with request for exemption status from filing of an Environmental Impact Report, was sub- mitted to establish two billboards having areas of 700 and 300 square feet on C-3 zoned property located at the northeast corner of Lincoln Avenue and Euclid Street, with waiver of: a. Maximum display area. The City Planning Commission pursuant to Resolution No. PC73-7, recom- mended that no Environmental Impact Report be required and denied Conditional Use Permit No. 1365. A~peal from action taken by the City Planning Commission was filed by Mr. Jay Kingry, Pacific Outdoor Advertising Company, and public hearing scheduled this date. EXEMPTION DECLARATION STATUS: On motion by Councilman Thom, seconded by Councilman Pebley, the City Council received the request for Exemption Declara- tion Status and determined that the impact of said project would be trivial in nature, thereby requiring no environment impact report or statement. MOTION CARRIED. Mr. Roberts noted the location of subject property and existing uses and zoning in the area and reported that the Applicant proposed to erect a billboard with two faces, comprising display areas of 300 square feet and 700 square feet, which will cantilever from a single support column. The proposed sign is to be located on the Euclid Street frontage adjacent to 73-120 City Hall, Anaheim, California - COUNCIL MINUTES - February 20, 1973, 1:30 P.M. State freeway property. Mr. Roberts advised that a 300-square foot billboard would be permitted under the sign ordinance and that there is provision in the ordinance to allow signs of greater area by conditional use permit procedure. Mr. Roberts reported the City Planning Commission considered the 700-square foot billboard unreasonable for this location and read the findings contained in their resolution of denial. At the request of Councilman Dutton, Mr. Roberts explained the plans submitted and these were reviewed at the Council table. The Mayor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Jay Kingry, representing Pacific Outdoor Advertising Company, des- cribed the two basic types of signs utilized in outdoor advertising by his com- pany and gave their respective dimensions. He presented graphic examples of both types of signs for Council review. The 700-square foot sign proposed, according to Mr. Kingry, would be only three feet higher and three feet longer than the 300-square foot billboard, and despite the increased display area, would not appear to be twice as large. Mr. Kingry advised that pursuant to the sign ordinance enacted by the City of Anaheim, his firm has removed five billboard type Signs from various locations along the freeway, as well as 20 other signs on surface streets, most recently from Lincoln and Dale. He observed that during the pre- paration of this ordinance, in which his firm participated, it was suggested that if these larger signs were removed from the freeways and other sites, more suit- able surface street sites might be granted via the conditional use permit pro- cedure. Mr. Kingry further remarked that the observer will be able to see only one of the panels on the proposed billboard at any one time, depending on this approach. He referred to the comment which appeared in the staff report that the proposed 700-square foot sign can be seen from the Euclid Street overpass of the Santa Aha Freeway, stating this is a part of the audience it was meant to attract, and submitted a photograph of the proposed billboard site taken from the overpass location. He reported that his company at present has display billboards at three other locations in the City and enumerated these. He further noted that the proposed use at this site will not disturb any residential use, nor require fire or police protection, and no written or verbal protests were presented against the proposal at the Planning Co,=nission. The proposed sign will be constructed on the Rayco property and sublet to Pacific Outdoor Adver- tising by the franchisee. Councilman Pebley stated that he could see no difference between the proposed billboard and that which Pacific Outdoor Advertising had to remove recently at Lincoln and Dale. Mr. Kingry replied that the billboard at Lincoln and Dale was not with- in 200 feet of the corner and on improved property. That they could have attempted to maintain that site by conditional use permit procedure, but elected to apply for conditional use permit on the proposed site at Euclid and Lincoln instead. In further support of his petition, Mr. Kingry advised that this would be an interim use for the property and that the billboard will remain only until such time as the property is developed permanently. He also remarked that the sign would give some additional illumination in a rather dark area. The Mayor asked if anyone else either in favor or opposition to the proposal wished to address the City Council, and hearing no response, declared the hearing closed. Councilman Stephenson expressed the opinion that this proposal is in direct violation of the sign ordinance and offered a resolution to deny Condi- tional Use Permit No. 1365. Roll Call Vote: 73-121 City Hall~ Anaheimt California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson Sneegas, Pebley, Thom and Dutton None The Mayor declared said resolution failed to carry. Councilman Dutton remarked that at the time the sign ordinance was prepared, in order to facilitate the removal of advertising signs from the freeways certain areas within the City were outlined for such possible use, subject to conditional use permit. Councilman Thom observed that the area for which the sign is proposed is already developed to industrial and co~i~ercial uses, and therefore, could see no reason for objection. RESOLUTION NO. 73R-64: Councilman Pebley offered Resolution No. 73R-64 for adoption, granting Conditional Use Permit No. 1365, subject to the Interdepart- mental Committee recommendations as follows: 1. That subject billboards be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. That Condition No. 1, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time the Sign Permit is issued or within a period of 360 days from date hereof, whichever occurs first, or such further time as the City Council may grant. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1365. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton Stephenson None The Mayor declared Resolution No. 73R-64 duly passed and adopted. RE~ARING - CONDITIONAL USE I~ERMIT NO. 1360: Request of David Doering to estab- lish a cocktail lounge in an existing commercial structure on C-2 zoned property located at the northwest corner of Lincoln Avenue and Carleton Ave- nue, was submitted. The City Planning Commission, pursuant to Resolution NOo PC72-328, denied said conditional use permit, which action was appealed by the Applicant, and public hearing held January 16, 1973. Following said public hearing, pursuant to Resolution No. 73-15, Conditional Use Permit No. 1360 was denied by the City Council. Exemption Declaration Status from the filing of an environmental impact report was granted by the City Council on January 16, 1973. Rehearing on the basis of new evidence was requested by Mr. Doering and granted on January 23, 1973, said hearing scheduled this date. Mr. Roberts briefly s~rized the findings of the City Planning Co~m~ission as presented at the January 16, 1973 hearing. The Mayor asked if the Applicant was present and wished to present further evidence in support of this petition. Mr. David Doering, 1416 West Damon, presented a written statement fromM rs. Margaret Sullivan, withdrawing her objections to the proposed 73-122 City Hallt Anaheim; California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. cocktail lounge, stating she is authorized to withdraw the objections of those in that neighborhood as well, which opposition was expressed by her at the public hearing, January 16, 1973. Mr. Doering further related a brief summary of his past military and police experience which he feels will enable him to cope with any potential problems presented in the operation of this cocktail lounge. In reply to Councilman Stephenson, Mr. Doering advised that his proposed cocktail lounge will not be operated conjointly with the adjacent mexican restau- rant, although he did approach the proprietor with such a plan. Consequently, he proposes to operate on a no-food basis for the 18 month duration of the restau- rant's lease and then eventually add food service to the cocktail lounge. The Mayor asked if anyone else in favor or in opposition to the proposed project wished to address the City Council; and there being no response, declared the hearing closed. RESOLUTION NO. 73R-65: Councilman Pebley stated that since the major objections to the proposal have been withdrawn and the Applicant proposes to improve the general appearance of the property in conjunction with this operation, he could see no reason to deny such use. Councilman Pebley offered Resolution No. 73R-65 for adoption, granting Conditional Use Permit No. 1360, subject to conditions recommended by the Interdepartmental Committee as follows: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 10 feet in width from the alley for alley widening pur- poses. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Carleton Avenue for street lighting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 5. That 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. 6. 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. 7. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 8. That Condition Nos. 1 and 2, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the City Council may grant. 9. That Condition Nos. 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1360. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton Sneegas None The Mayor declared Resolution No. 73R-65 duly passed and adopted. CONTINUED REQUEST - EXTENSION OF TIME~ VARIANCE NO. 2144: (Continued from February 6, 1973 to allow the Applicant an opportunity to obtain the dedication for street widening purposes and for further report on compliance with the conditions im- posed in 1970 from Development Services Department.) The request of Herman 73-123 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Margulieux, Herman's Produce, for a two-year extension of time for continued use of a commercial produce market on R-A zoned property located at the south- west corner of Euclid Street and Cerritos Avenue was resubmitted, together with an up-dated report from Development Services Department as requested by Council. Prior to proceeding with the consideration of request for extension of time, Mayor Dutton requested counsel from the City Attorney relative to the petition for injunction against the City which was filed by the Applicant and owners of subject property. Mr. Geisler advised that the petition for restraint has no force and effect until the court hearing scheduled March 16, 1973, and that it would be perfectly permissable for Council to take action prior to that date. The Deputy City Clerk advised that written communication had been received this date from Mr. and Mrs. Jack Dales, 1727 West Cris Avenue, stating their objection to extension of time for continued operation of "Herman's Pro- duce" Market. Mayor Dutton asked if the required dedication had been obtained. Mr. Margulieux, 1525 South Euclid, replied that Mrs. Rannow had agreed to the dedication since February 6, 1973, however on reading a newspaper article subsequent to that meeting which stated that the City has the alternative of condemning the property and taking the required frontage by eminent domain proceedings, she decided instead to institute the petition for injunction against the City. Councilman Dutton referred to certain statements made in said petition for injunction which were alleged to be his and stated categorically that he had never made such remarks, and that he has never wished to put anyone out of business. He noted that in this particular instance, he has voted several times in the past few years to allow the produce market operation even though cooper- ation from that enterprise by dedication for street widening and conformance with City codes has not been forthcoming. He further commented that Mrs. Rannow had originally agreed to make this dedication three years ago as one of the conditions of the extension of time and to this date the required right-of- way has still not been deeded to the City. Mr. Margulieux stated that he had made an effort to comply with all of the conditions imposed by the City except for the dedication, which is not within his ability to do. Councilman Sneegas observed that the problem at hand, i.e., the tremendous accident rate at the corner of Cerritos and Euclid because of the narrowing of the street and abutment of the propert~ will be solved by the street widenin~ however once this is done, the 43 foot width from the centerline will put the front of the produce stand into the right of way once again. He commented that this should be dealt with realistically, so all the problems are eliminated and not prolonged for another two years. He further submitted a photograph presented to him by Mr. Lujan, a resident adjacent and to the rear of subject produce stand, which is taken from his backyard looking into the rear of said produce stand. Mr. Margulieux stated that the area shown in the photograph is an alley behimd his busimess which is owned by the two property o~ers on the corner and since he is not the owner, he cannot assume responsibility for main- tenance of this alley. He noted that he has requested the property owners involved to cease depositing trash and other items into this alley without success. He further stated that he was willing to build a wooden fence along this property line, but this would have created a blind alley so a wire fence was erected instead. Mrs. Bleanor Lujan, 1709 West Cris Avenue addressed the Council stating she wished to clarify that the responsibtlty for the unsightly con- dition of the alley behind the produce market has been wrongly attributed to her family and noted that the unsightly section of said .alley is not behind her property. 73-124 City Hall~ Anaheim; California - COUNCIL MINUTES - February 20~ 1973~ 1:30 PoM. Councilman Dutton remarked that Mr. Margulieux has complied with re- quests made by the City over the years but has failed repeatedly to maintain these standards when attention is not focused on his establishment. Councilman Sneegas reiterated that ultimately this problem must be resolved, and noted that the street widening will not improve the traffic hazard caused by the ingress and egress of traffic from the produce market. He moved that the request for a two-year extension of time for Conditional Use Permit No. 2144 be denied. Councilman Dutton seconded the motion. To this motion Councilman Thom voted "no". MOTION CARRIED. At the request of Mr. Roberts for clarification as to what period of time is to be allowed the Applicant to discontinue operation from his present site, Councilman Sneegas answered that he does not wish to put anyone out of business but hopes that the Applicant will be able to come forward with a pro- posal which will alleviate the problems experienced in the past, by moving the commercial operation further away from the residences, and by erecting a structure and parking lot which will conform to site development standards, and by making application for the proper zoning. If he wishes to negotiate with the owners of subject property for this purpose, Councilman Sneegas suggested that Council allow him some additional time to initiate such action. Mr. Margulieux stipulated that he would be willing to relocate and re- build his business operation, subject to approval and dedication by the Rannow sisters. By general Council consent, a period of two weeks was allowed Mr. Margulieux in which to notify the City regarding whether or not he has obtained dedication and authorization for proper zoning application for moving and re- building the produce market. That if such application is not filed within this period, the Council will then establish a reasonable period of time for discon- uance of said produce stand operation. MARCH OF DIMES WALKATHON: Request of Arthur R. McKenzie, Chairman, The National Foundation of the March of Dimes, to conduct a walkathon on March 24, 1973, 8:00 a.m., starting from the Anaheim Stadium parking lot was submitted together with report from the Stadium and Convention Center Director and Chief of Police, and approved on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. REQUEST - REPEAL OF SECTION 6.28.010~ "BEEKEEPING PROHIBITED": Request of Mr. George Kaminski, regarding repeal of Sect'i'~n 6.28.010 of the Anaheim Municipal Code which prohibits the keeping of bees within the City limits was submltted~ together with report from the Zoning Enforcement Officer as well as report from the City Attorney recommending against repeal of said section of the Anaheim Municipal Code. Councilman Pebley requested the record to show that he did not partici- pate in the following discussion since the complainant is one of his tenants, and his own office is in close proximity to subject apiary and left the Council table. (3:20 P.M.) Mr. Robert Broxon, 18552 McArthur Boulevard, Irvine, Attorney represent- ing Mr. Kaminski, addressed the Council and requested that consideration of this item be deferred to allow him time for research into the constitutionality of the ordinance and to investigate applicable legal precedents. He further noted that Mr. Kaminski has a large amount of factual information, selected from various sources~ w4~ich demonstrates the harmless nature of bees and their impor- tant role in the ecological balance, which he would like to present to Council in support of this petition. Mr. Broxon further noted that Mr. Kaminski became a beekeeper entirely accidentially, by providing a place for bees which swarmed to his property and that profit has never been his motive. During the process of providing an apiary for this swarm, Mr. Kaminski became engrossed in the study and care of bees and therefore now makes the request that the Code be amended or some variance granted him which would legally permit him to maintain the hives so that his bees can continue their essential function. In addition Mr. Broxon informed the Council that following the publicity 73-125 .~ity Hall; Anaheim; California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Mr. Kaminski has received in connection with his request, he has been contacted by several people also interested in beekeeping who would like an opportunity to be heard. In conclusion, Mr. Broxon requested that in because of the impor- tance of the case and the fact that he was called into it just this morning, that any definitive action be deferred. Councilman Thom inquired as to where the complaint against these bees originated. Mr. Pebley advised, from the audience~ that one of his tenants oper- ates a machine shop, and has had the situation occur where an employee while working on an expensive piece of equipment on a lathe has been buzzed by a bee and since this might result in a costly error, the complaint was issued by this tenant against the keeping of bees at this location. Councilman Thom correctly observed that the bees are being kept in the southeast industrial area, on M-1 zoned property. Mr. Geisler reported that the present ordinance is perfectly valid and constitutional and advised that should the Council elect to permit the keeping of bees within the City limits~ this should be accomplished by amending the ordinance and not by granting a variance to any particular person. In other words, the Council may designate that beekeeping be permitted perhaps in the R-A zone and set up specific qualification for those who wish to engage in bee- keeping. However, when such amendment is made, all persons who meet said qual- ifications will legally be permitted to maintain an apiary providing it is located in the proper zone. Mr. George Kaminski, 865 South East Street, reiterated that the bees are harmless and further expounded on their useful ecological function. He stated that the bees have never bothered his employees and that they are eco- nomical in their movements to and from the hives, and would never intentionally digress from their route or enter a structure. He suggested if the City intro- duces an amendment to permit beekeeping that all persons who engage in such be required to register with the City, and perhaps pay a small fee, which would permit the regulation and inspection of these activities. By general Council consent, decision on this matter was deferred for two weeks, as requested by the Applicant, to allow further investigation into the possibility of amending the ordinance to permit the keeping of bees in the R-A zone. Councilman Pebley returned to the Council table. (3:45 P.M.) REQUEST - MODIFICATION OF THE R-E ZONE: Request of Roland F. Krueger, Secretary, Peralta Hills Improvement Association, that the City Council consider directing the Development Services Department to investigate the feasibility of modifying the R-E zone with regard to animal density and house movings, was submitted to- gether with report from the Development Services Department. Councilman Dutton remarked that he had been involved in working to achieve the present animal density regulation in the R-E zone and cormnented that the request submitted has some merit, if the animal density provision is being abused as stated, as it was not the intent to permit quantities of animals suf- ficient to sustain commercial breeding or boarding operations in the R-E zone. Council discussion ensued in which it was apparent that the major area of concern was the number of horses to be permitted per acre. Mr. Geisler advised that the simplest measure to prevent abuse of the animal density privilege in the R-E zone would be to place a lower limit on the number of permitted animals, especially horses, per acre. He referred to the recommendation presented in the Peralta Hills Improvement Association letter that the number of horses on parcels larger than one acre be restricted to one horse per family member, stating that the relationship must be to the use of the land and not to the number of people who live on it; i.e., the use of the land must be the same for whoever lives on it so that if a man has 20 children or lives there himself, he is still entitled to the same number of horses per acre. He noted further that you can place a maximum number restriction so that the Code will permit four horses per acre, but on no lot shall they exceed six. 73-126 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Mr. Geisler stated that if the fact is that horses in great numbers cause problems in an area, the method to solve such should be to increase the acreage per horses, but the relationship should be between the horses and the acreage and not people. Mr. A1 Hyatt, 251 Orange Acres Drive, immediate past President, Peralta Hills Improvement Association, stated that this group is satisfied with the four horses per acre animal density restriction for their own use, however they have reason to believe that there are parties interested in the Peralta Hills area, who wish to purchase eight to ten acres of land, and in compliance with the Code, put in as many as forty horses. As this seems an unreasonable number of horses for recreational or instructional use, he felt that such a situation easily lends itself to commercialization in such forms as the breeding or boarding of horses which can be conducted by word-of-mouth adver- tising only. This is one of the reasons which has prompted the present request. Mr. Hyatt further related that the preservation of the purely residen- tial atmosphere of the Peralta Hills neighborhood is the objective of the Peralta Hills Improvement Association, and the motive behind this request. He pledged this Association's cooperation in working out some proper wording together with City staff, for the R-E zone which would preclude such commercialization. Mr. Hyatt further requested that the two requests, i.e., restrictions on animal density and prohibition of house move-ins be considered as two sep- arate autonomous items. Mayor Dutton requested, with the concurrance of the Council, that both requests submitted by the Peralta Hills Improvement Association be referred to the Development Services Department and the Planning Commission for review and recommendation regarding the need or desirability of an amendment to Title 18 of the Zoning Code as it pertains to the R-E zone, as recommended by Development Services Department. RECLASSIFICATION NO. 61-62-49 RELEASE OF BONDS: Request of John L. Waite, D. C. and Elizabeth J. Waite, for waiver of bonds posted pursuant to conditions imposed on approval of Reclassification No. 61-62-49 by Resolution No. 62R-33, for construc- tion of masonry walls and alley improvements, was submitted together with reports from Development Services Department and the City Engineer, recommenQing said bonds be released. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council authorized waiver of wall bonds B108 139 and alley improvement bond B108 161, submitted pursuant to conditions imposed on approval of Reclassification No. 61-72-49. MOTION CARRIED. TRACT NO. 7587 - EXTENSION OF TIME: Request of Horst J. Schor, Vice President, Anaheim Hills, Inc., dated November 17, 1972, for an extension of time for recordation of Tentative Map, Tract No. 7587 was submitted, together with reports of the Devel- opment Services Department and City Engineer, recommending said extension be granted. On motion by Councilman Stephenson, seconded by Councilman Sneegas, a one-year extension of time for Tentative Map, Tract No. 7587, was granted, retro- active to November 9, 1972 and expiring November 9, 1973. MOTION CARRIED. RECLASSIFICATION NO. 70-71-35 AND VARIANCE NO. 2237 - EXTENSION OF TIME: Requests of Charles B. Frank. and E. J. Moore, Vice President~ Prime Contractors, Inc.~ for an extension o£ time to Parcel No. A of Reclassification No. 70-71-35 and Vari- ance No. 2237, was submitted together with reports from the City Engineer. The Development Services Department presented a verbal report, recom- mending one-year extension of time be granted. On motion by Councilman Pebley, seconded by Councilman Stephenson, a one-year extension of time for Reclassification No. 70-71-35, Parcel No. A only, and Variance No. 2237 was granted as recommended. MOTION. CARRIED. 73-127 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. REQUEST - SIGN PERMITS - CLUB CONTINENTAL APARTMENTS: On request of Mr. Roberts, Zoning Supervisor, this item was continued for one week for submission of re- port from Development Services Department. NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM - STREET SIGNS: Request of Mr. Stan Ross, Superintendent, was submitted for installation of two directional street signs, to be located at the intersection of La Palma Avenue and Sequoia Street and the intersection of Brookhurst and Sequoia Streets, together with report from the City Engineer. The City Engineer recommended that the request be granted,providing that the City signs are furnished and installed by the Applicant, subject to the approval of the Traffic Engineer, and that said signs be a maximum size of 24 inches by 36 inches. The City Manager recommended that the signs be permitted for a period of two years. On motion by Councilman Stephenson, seconded by Councilman Thom, the City Council approved for a term of two years, the installation of two direc- tional signs, said signs to be furnished and installed by the North Orange County Regional Occupational Program, subject to approval of the City Traffic Engineer, and the recommendations of the City Engineer. MOTION CARRIED. COUNTY OF ORANGE USE PERMIT NO. 3377 (ZA): Continued from meeting of February 13, 1973, for receipt of comments from the Anaheim Chamber of Commerce, Industrial Committee, regarding proposal to establish a commercial stable for a maximum of 200 horses on County property located east of State College Boulevard, south of Winston Road. On receipt of letter dated February 15, 1973, from the ~maheim Chamber of Commerce, Board of Directors, indicating their opposition to said stable, and on motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council ratified their previous position of objection to the granting of Use Permit No. 3377 (ZA) for this purpose and authorized notification of said pos- ition to the Orange County Zoning Administrator. MOTION CARRIED° RESOLUTION NO. 73R-66 - AWARD OF WORK ORDER NO. 672A: In accordance with recommen- dations of the City Engineer, Councilman Stephenson offered Resolution No. 73R-66 for adoption. Refer to Resolution Book. ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORATION, INCLUDING POWER, FUEL AND WATER~ AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF SOUTH STREET AND STATE COLLEGE BLVD., IN THE CITY OF ANAHEIM, WORK ORDER NO. 672-A. (Baxter-Griffin Company - $12,528.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-66 duly passed and adopted. RESOLUTION NO. 73R-67 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 73R-67 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Maurice M. & Carol N. Lebanoff; Henry H. & Alice J. Lathrum; Anna Allen; Bill J. & Diane Soteropoulos; Melvin D. & Alma Ruth Hilgenfeld) 73-128 City Hall~ Anaheim; California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-67 duly passed and adopted. EXTENSION OF CONTRACT - ARCHITECTURAL SERVICES - ANAHEIM UTILITIES SERVICE CENTER AND UTILITIES BUILDING: Mr. Robert Davis reported on two letter proposals presented by Donald J. Fears, Architect, for architectural services for Phase IV of the Anaheim Utilities Service Center and for remodeling a portion of the Utilities Building at 518 South Anaheim Boulevard. That based on the schedule of fees outlined in these proposals the total amount for both projects would be a fee not to exceed $11,400.00. He reported recommendation had been withheld until it was apparent both projects required the services of an architect, and it now appears the mod- ifications will involve electrical work and air conditioning. Mr. Davis noted that Donald J. Fears is the architect who had the original contract on this pro- ject, and recommended that said contract be extended by acceptance of the two letter proposals. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council authorized acceptance of the two letter proposals'~from Donald J. Fears for architectural services for Phase IV of the Anaheim Utilities Service Center and for modifications to the Utilities Building at 518 South Anaheim Boule- vard, extending the original contract in an amount not to exceed $11,400.00 total for both projects, as recommended by the Assistant 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 H. Lee Watkins, for purported personal property damages to automobile windshield, sustained.on or about January 11, 1973. b. Claim submitted by Richard C. White, Jr., for purported personal property damage sustained as a result of collision with City vehicle, on or about November 28, 1972. c. Claim submitted by Alan and Joseph A. Prete for purported personal injuries and property damage sustained as a result of purported failure of City to provide reasonable maintenance or warning devices of termination of Frontera Street, on or about January 2, 1973. d. Claim submitted by Mr. Les Buckholder, for purported personal pro- perty damages sustained as a result of City employee hiting parked pickup truck, on or about January 30, 1973. MOTION CARRIED. RESOLUTION NO. 73R-68 - JOINT AGREEMENT - ORANGE COUNTY TRANSIT DISTRICT: Councilman Pebley offered Resolution No. 73R-68 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTH- ORIZING THE EXECUTION OF A "JOINT" AGREEMENT BETWEEN THE ORANGE COUNTY TRAN- SIT DISTRICT AND THE CITY OF ANAHEIM RELATIVE TO PUBLIC TRANSPORTATION. Roll Call Vote: AY~g: COUNCILM~N: NOES: COUNCILI~gN: ABSENT: COUNCILMEN: gneegas, gtephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-68 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Stephenson: a. Financial and Operating Reports for the Month of January, 1972 and 1973: 73-129 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. Building Division - 1972 & 1973 Fire Department - 1973 b. Orange County Mosquito Abatement District - Minutes - January 24, 1973. c. City of Buena Park - Resolution No. 4857 - Objecting to the pro- posed interim guidelines for the preparation and evaluation of environmental impact reports under the State of California Environmental Quality Act of 1970 as developed by the office of Planning and Research and requesting modification of the proposed interim guidelines to provide relief from the time-consuming, costly and unwieldy administrative procedures proposed in said guidelines. MOTION CARRIED. ORDINANCE NO. 3133: Councilman Stephenson offered Ordinance No. 3133 as an urgency ordinance for adoption. Said ordinance was read in full by the Deputy City Clerk. Refer to Ordinance Book. 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. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3133 duly passed and adopted. RESOLUTION NO. 73R-69: Councilman Stephenson offered Resolution No. 73R-69 for adoption, amendinR Resolution Nos. 65R-29 and 71R-396 to allow parcels in Reclassification Nos. 64-65-64 and 71-72-7 to proceed separately. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 65R-29 IN RECLASSIFICATION PROCEEDING NO. 64-65-64 AND RESOLUTION NO. 71R-396 IN RECLASSIFICATION PROCEEDING NO. 71-72-7. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-69 duly passed and adopted. ORDINANCE NO. 3137: Councilman Dutton offered Ordinance No. 3137 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-64 (1) - C-i) ORDINANCE NOo 3138: Councilman Stephenson offered Ordinance No. 3138 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-7 (1) - C-I) ORDINANCE NO. 3139: Councilman Sneegas offered Ordinance No. 3139 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-8 - C-l) RECESS: Councilman Dutton moved for a five minute recess. Councilman Thom seconded the motion. (4:20 P.M.) 73-130 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4:25 P.M.) CABLE T.V. FRANCHISE (CATV~: Mr. Robert Davis advised that because of certain F.C.C. regulations the City's proposed specifications regarding Cable T.V. Franchise had to be modified somewhat and the ordinance revised accordingly. As a result, additional proposals were solicited from the four firms which originally had sub- mitted and negotiations have since been authorized with one of these firms, for which purpose a cormmittee comprised of representatives from the following areas was formed: Public Works; Utilities Department; City Attorney; Anaheim Elementary and High School District; and City Manager, as well as Mr. William Armstrong, Science and Technology Advisor. Mr. William Armstrong presented a report, using transparencies, on the status of the negotiations with Theta Cable of California, using a similar fore- mat as last presented in April 1972. Mr. Armstrong advised that the second re- quest for bids yielded only one proposal, that of Theta Cable, and negotia- tions with Theta were authorized, which have been in progress in the interim, and he feels will culminate in final recommendation on approximately March 20, 1973. Mr. Armstrong summarized the system proposed to be provided by Theta as not changed materially since the last report. There will be a studio within the City, and a van, the "head end" will still be located in Anaheim. He explain- ed that the two major changes in the concept which are of note are the A.M.L. (Amplitude Modulator Link) which is a microwave length which will allow the oper- ator to tie together the regional network of all Orange and Los Angeles Counties, to provide all of the programs available. A substitution for closed-circuit T.V. has been made in the form of a two-way (school and city) video capability immed- iately within the system for a total capacity of five channels, both up and down stream. The principal change which has evolved in the intervening months since the last presentation is in the number of cables. Originally the City's specifi- cations had called for three cables to be installed immediately whether or not there was any use for this capacity. Theta Cable has proposed to install two such cables and the F.C.C. has notified the City it will not sanction a franchise if we specify more than two cables. In addition, he noted, that there is no evi- dence of any system in the Country with any more than two cables. Along with the reduction in capacity immediately from three to two cables, there will be associa-~ ted reduction in capacity of t.v. channels, etc. Mr. Armstrong pointed out that ultimate capacity has been requested for 62 channels and the wording in the proposed ordinance complies with F.C.C. legis- lation which states that at any time there is use for channels over and above those supplied, the operator shall provide for it within six months or have certifica- tion and franchise deleted. Along with the reduction by one cable, Mr. Armstrong reported, we are accommodating two-way capability now by amplifiers rather than by special cable, which is an advance, and offering more F.M. stations than orig- inally provided. Regarding capacity, he stated adequate provision has been appro- priated for all potential uses. Regarding technical and design standards, the operator now agrees to the City's specifications,which in all respects,exceed F.C.C. standards as far as signal quality and interference. In all but two minor cases they meet our re- quirements, and in these two instances, according to our technical consultants, are offering the best technology available within the industry. It has been assured that they are providing thorough and maximum interference and "ghost" protection. The terminal hardware which the individual subscriber would use in his home immediately and later was illustrated, and Mr. Armstrong explained that by a slide rule type of manipulation this device will permit tuning to 30 channels on any cable. Theta Cable and Hughes Electronics are currently conducting a very advanced experiment in the City of E1 Segundo to determine the economic practicability and the demand for two-way service by subscribers. This study will be complete in two years, and if successful, plans are included in the Theta proposal for S.R.S. systems (Subscriber Response System) and tying in alarm systems and other such extraneous services from that time on. 73-131 City Hall~ Anaheim; California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. The City's installations have not changed consequentially. Free hook-up to all City, school and hospital buildings within the boundaries of Anaheim will be provided. Two-way television capability will be provided im- mediately for key City installation and for two school facilities. Additionally the City will have free access to five upstream and five downstream channels (two-way capability) for the first five years. This is,in effect,all that the F.C.C. allows under current legislation. There are provisions in the ordinance that the City will regulate the cost of at least two of these channels forever. Fundamental characteristics of the ordinance have not changed sub- stantially; duration is 15 years in an ensuing period, which is the maximum time permitted by the F.C.C. The franchise fee requested is 5% of the operators gross revenues, and this is in violation of the F.C.C. ordinance and therefore will be subject to some discussion with that body. Frequency of payment by the franchise operator, originally reported to be monthly, prior to issuance of the ordinance has been modified to a quarterly basis which is standard practice in the industry. The ten year takeover option still exists and the cost of such takeover is probably the main area of disagreement between the City and the potential franchise operator. The City wishes to include provision to buy out the system at a depreciated value and they contend that they cannot acquire financing unless this condition stipulates Fair Market Value. In the area of performance bonding, originally the City had suggested $100,000.00 for the construction period as well as the duration of the ord- inance, and this has been amended as an incentive to insure construction with- in the prescribed time to $250,000.00 for the construction period and then dropped to $100,000.00 for the duration of the ordinance. Mr. Armstrong advised that Theta Cable has categorically agreed to a provision that any technological advancements which should occur, either by their own experimentation, or through the industry, such advances will be in- stalled in Anaheim prior to, or concurrently with, any other of their systems. Additionally they have agreed to support City experimentation proposals on a level of one man throughout the period of experimentation and proposed prepara- tion. Free access to the studio and van has been reduced to four hours each for the City and eight hours for the collective school system per week, from the originally requested 20 hours. The emergency disaster override still pre- vails on all channels. The schedule for implementation of this concept is aligned so that following a trip to the F.C.C. in March to insure that the ordinance drafted is viable, the final recormmendations will be placed before the Council on approximately March 20, 1973; and following the possible adoption of Resolution of Intent, public hearing would be held in April of this year, leading to start of construction in mid-1974, with completion scheduled two years later. In answer to Councilman Dutton's query regarding the fact that there is only one bidder, Mr. Armstrong answered that Theta was the only bidder who followed the instructions and met the extremely high specifications given. Councilman Dutton remarked that he recalled a proposal, all things being equal, that the potential franchisee would purchase parts from the Anaheim firm of Anaconda Electronics. Mr. Armstrong stated that Theta proposes to purchase all of their amplifiers from Anaconda Electronics as that firm produces the best amplifiers available in the Country. Mr. Davis outlined the various precautions which have been built in- to this ordinance and associated documents to insure that the subscribers will receive strong and clear signals. He explained that Theta will outline a speci- fic program of very rigid test procedures which they will perform to eliminate the situation encountered in other cities whereby the franchise operator can attribute problems to the individuals' receiver. The operator will have to ad- here to strict parameters to maintain a quality signal. Regarding the marketing capability, Theta Cable has agreed to put one man on full time in this area, as they agree it needs intensive effort. They will also review all of their marketing aspects with the City. 73-132 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20t 1973t 1:30 P.M. Mr. Davis noted that the City is requesting 5% of the operators gross revenues, despite the fact that the F.C.C. contends that a franchise fee of 5% can only be obtained on demonstration that this is required, and furthermore F.C.C. opinion is that this should be on subscriber revenues only. Mr. Davis commented it appears that the trend is towards 5% and indications are that the City will succeed in obtaining this. He further noted that in the future the bulk of revenue earned by such cable t.v. system will be in extraneous services, (shopping, pay t.v., etc.) and the City should receive some of that revenue. The "most favored nation" clause makes this proposal especially favor- able for the City in that this will assure that the Anaheim cable t.v. system will not become technologically outdated as Theta has quaranteed that they will not install a more sophisticated system in any of their franchise locations before they have installed such in Anaheim or at least concurrently. The only section remaining to be worked out is the provision to estab- lish a value for takeover of the system in the event of default or after the termination of the franchise period. This is in accord with F.C.C. recommendations that some method of determining the value be established. Mr. Davis indicated that there is some disagreement as to whether this should be done on the basis of Fair Market Value or on a depreciation method, but added that he feels confident a solution agreeable to both parties will be found. An additional point emphasized by Mr. Davis was that the City's position is that unless the franchise can be obtained through the F.C.C., the City would not accept the conditions imposed. This means that under Theta Cable's original proposal, which provided that as soon as the franchise was granted by the City and during the interim period of process through the F.C.C.~ they would begin immediately to make application for pole line permits~ etc~ and most likely make a substantial investment in start of the system; then, if the F.C.C. should find the franchise unsatisfactory~ the City would be faced with awarding the franchise to another firm. In order to advoid being placed in such a position~ the City has requested that Theta defer initiation of any construction activities until the F.C.C. certification has been obtained. This will result in a delay of approx- imately six months after the franchise is awarded to start of construction~ but it is felt that this is justifiable in order to protect the City's best interests. Mr. Davis then stated that the staff committee involved feel they have negotiated the best possible terms with Theta Cable and have concluded that this is one of the largest and best companies in that business and therefore they make the recommendation that the City proceed, subject to agreement on the buy-out provision, to introduce the necessary legal documents and begin the necessary legal requirements to award the franchise to Theta Cable of California. The reasons for going forward at this time, Mr. Davis stated are that there are imminent developments in cable in which the City should participate; that there will be a two and one-half year lead time before the system will be operational; and pressures have already been exerted from developing canyon areas for such service. Mayor Dutton commended those involved in the ground work and negotiations for awarding of this franchise, stating that it appears to him that all important areas have been covered and precautions taken to assure the reliability of the firm for the protection of the subscribers. Councilman Stephenson moved that the City Council authorize the prepara- tion and introduction of the necessary legal documents, subject to agreement on the buy-out provision, to award the cable t.v. franchise to Theta Cable of Calif- ornia. Councilman Thom seconded the motion. MOTION CARRIED. COST/FEE STUDY: Mr. Robert Davis requested direction from Council on recommendations to be presented regarding the cost/fee study, stating that the preparation of said recommendations is proceeding on the following assumptions: 1. That the City Council does wish to increase fees to recover costs as closely as possible; 2. That the City Council wishes to recover costs in those areas which require greater staff time and effort. 73-133 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. He noted that if this is in line with Council's intent, then recom- mendations will be completed and presented on February 27, 1973. The Council concurred that the objectives of the cost/fee study as stated by Mr. Davis were in accord with their own thinking. Mayor Dutton further commented that request has been received from the Anaheim Board of Realtors for an opportunity to make some input into the cost/fee study of zoning applications, and directed that a copy of the staff report together with statistics on fees charged in other cities be made avail- able to them. SOLICITATION PERMIT - ST. JOSEPH'S HILL OF HOPE: Request for solicitation permit for the sale of food and beverages, April 7, 1973, at the East Anaheim Shopping Center, submitted by Mrs. Ethel Bernstein, St. Joseph's Hill of Hope, Brea, California, was referred to the Police Department for further investigation prior to Council action. SANITATION DISTRICT NO. II - CONNECTION FEES: Councilman Stephenson reported that the outcome of the most recent meeting of Sanitation District No. II was that action to increase connection fees was continued until after District No. III votes on such increase, and that public hearing on District No. III fees will be held March 15, 1973. RESIGNATION - COMMUNITY REDEVELOPMENT COMMISSION: Councilman Thom requested that the following letter of resignation be spread in full upon these Minutes: "February 16, 1973 Councilman William J. Thom P. O. Box 3222 Anaheim, California 92807 Dear Bill: It is with real regret that I must tender my resignation as a member of the Redevelopment Commission of the City of Anaheim. I firmly believe that this Commission's efforts have already produced actual physical progress. This of course is a welcome evolution in over fifteen years of effort put forth by hundreds of residents in this community. I strongly support the policies of this Commission and am convinced that its techniques and ability to listen to the desires of the community (both as individuals and as a collective voice) will lead to more pleasant and effective land use for Anaheim's residents. After all that is the underlying responsibility with which both the Council (as Local Agency) and the Commission are charged. My resignation is prompted by the following: 1. My wife and I have recently moved to Laguna Beach and plan to establish our legal residency there. I am a commercial property owner within Project Area Alpha and as such believe a real potential for conflict of interest exists. This conflict could be remedied by placing these properties in a blind trust, a device used by all senior Federal government employees. (One which I willingly used when employed by the Federal Home Loan Bank Board). However, since most of the properties are involved in various estates, I find it difficult to accomplish this presently. I find myself less and less able to understand or support the overall approach to land use planning in Anaheim as evidenced by recent Council actions. I guess philosophically I'm an advocate of more controlled growth, even if this means limiting the property.rights of some individuals. If the collective will of the residents of a community is to estab- lish certain parameters and constraints on development, I believe a Council has a responsibility to reflect that thinking. 73-134 City Hall~ Anaheim, California - COUNCIL MINUTES - February 20~ 1973~ 1:30 P.M. It's interesting, isn't it, how deeply Anaheim's roots go back to a real citizens town planning effort. During its formative years (as one of California's first planned communities) residents of this city felt it highly appropriate that local government predominately reflect the wishes of existing residents in determining the future lay of the land. (Just take a look at the records of disputes which arose over Vineyard Lot vs Town Lot land use planning.) I believe we have strayed too far from this philosophy. Bill, I would appreciate your communicating this to the Council and with it my thanks for the opportunity to serve in this effort. Respectfully, /S/ Larry Ulvestad Larry Ulvestad LU/st cc: James Morris Chairman Redevelopment Commiss ion" On motion by Councilman Thom, seconded by Councilman Stephenson, re- signation of Mr. Larry Ulvestad from the Community Redevelopment Co~nission was accepted with regret and the City Clerk was directed to forward a letter of appreciation to Mr. Ulvestad for his service to the City of Anaheim to date. MOTION CARRIED. CLUBHOUSE - ANAHEIM MUNICIPAL GOLF COURSE: Because of the amount of correspondence he has received regarding the condition of the present clubhouse, Councilman Dutton requested that investigation be made into the possibility of providing an improved clubhouse facility at the Anaheim Municipal Golf Course. RECESS - EXECUTIVE SESSION: At the request of Mr. Davis, Councilman Dutton moved to recess to Executive Session. Councilman Pebley seconded the motion. MOTION CARRIED. (5:05 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (5:14 P.M.) ADJOURNMENT: Councilman Pebley moved to adjourn to Thursday, February 22, 1973, 1:30 P.M., in the Zion Lutheran Church Sanctuary located at the southeast corner of Emily and Chartres Streets, for the purpose of receiving report from the City Attorney relative to the Grand Jury Investigation in the matter of the Murdoch/ Piersall land transactions. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 5:15 P.M. Signed Deputy City Clerk