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1973/03/2773-244 City Hall? Anaheim~ California - COUNCIL MINUTES - March 20~ 1973~ 1:30 P.M. He stated this recommendation was approved in principle and referred to staff for further investigation and that tomorrow night in all probability the same action will be taken by Sanitation District No. 2. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:25 P.M. Si gne d ~~z~ ~ ~ ~~Z~~- City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27, 1973, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Alona M. Farrens UTILITIES DIRECTOR: Gordon W. Hoyt FINANCE DIRECTOR: M. R. Ringer ASSISTANT CITY ENGINEER: Ralph O. Pease DIRECTOR OF DEVELOPMENT SERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Arthur Harrington of the Trinity United Methodist Church gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Dutton and unani- mously approved by the City Council. "Home With Honor Day" - March 31, 1973 "Solidarity Day With Soviet Jews" - April 8, 1973. "Harmony Week" - The week of March 26, 1973. - Proclamation was accepted by Anita French, Convention Chairman, on behalf of the "Sweet Adelines", which group is holding their convention this week in Anaheim. MINUTES: Minutes of the Regular Anaheim City Council Meeting$~ held February 27~ and March 6, and the Adjourned Regular Meeting held March 13, 1973 were approved on motion by Councilman Pebley, seconded by Councilman Stephenson. Because of ab- sence, Councilmen Sneegas and Dutton abstained from voting on approval of th~ Minutes of March 6~ 1973~ and Councilman Dutton abstained from approval of the February 27, 1973 Minutes. 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. 73-245 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. REPORT - FINANCIAL DEMANDS A~AINST THE CITY: Demands against the City in the amount of $2,069,733.21, in accordance with the 1972-73 Budget, were approved. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1377 AND ENVIRONMENTAL IMPACT REPORT NO. 92: Application of Hiroshi Fujishige, for waiver of minimum special setback along Harbor Boulevard to establish a travel trailer park on R-A zoned property located at the northeast corner of Harbor Boulevard and the easterly extension of Convention Way was submitted together with application for Exemption Declar- ation Status and Environmental Impact Report No. 92. The City Planning Commission pursuant to Resolution No. PC73-40, denied said conditional use permit and recommended an environmental impact re- port be required prior to any action on subject property by the City Council. Appeal from action taken by the City Planning Commission was filed by Mr. John A. DeFalco, and public hearing scheduled this date. Mr. Roberts reported that due to the Planning Commission recommendation, the Applicant did voluntarily submit E.I.R. No. 92 on March 21, 1973, and there- fore, it is suggested by Development Services Department that consideration of Conditional Use Permit No. 1377 be continued to the meeting of April 24, 1973, to allow time for analysis of said E.I.R. by the Review Committee and the Planning Commission. Councilman Pebley noted that a similar overnight trailer park has been approved on West Street and Ball Road in the C-R Zone, and objected to delaying the decision on use of this land for an additional month. Following some discussion, Mr. Roberts advised that the Applicant's original application for Exemption Status from the filing of an environmental impact report was reviewed by the Development Services Department and it was their recommendation,based on precedents set in the area, that the Exemption Status would be appropriate. Mr. Thompson reported that Development Services Department routinely notifies zoning applicants that the voluntary submission of an E.I.R. along with any zoning request is the approach to take in order to insure expedient process- ing of the application. However, due to the additional cost of an E.I.R., most applicants file the Exemption Declaration Application, which was the case in subject zoning action. ENVIRONMENTAL iMPACT REPORT EXEMPTION STATUS: Because of the precedents estab- lished in the C-R Zone, Councilman Pebley moved that it be the finding of the City Council that the impact of subject project on the environment would be trivial in nature and that no environmental impact report or statement be re- quired. Councilman Sneegas seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. Zoning Supervisor Charles Roberts briefed the location of subject property. He advised that the property is presently zoned R-A, but is under a blanket resolution of intent to C-R (Reclassification No. 66-67-61) adopted several years ago. The Applicant intends to establish a travel trailer park, proposing a 20-foot setback, and has requested waiver of the required special setback along Harbor Boulevard. Mr. Roberts outlined the permitted alternative methods for handling the Harbor Boulevard special setback, and noted that the Applicant's Agent, at the Planning Commission hearing, indicated they could comply with the required setback along Harbor Boulevard. Mr. Roberts noted that the plans submitted for the trailer park indicate 344 spaces of varying sizes to acconmaodate di~£erent types of recrea- tional vehicles. The entrances proposed are two 48-foot wide driveways, one off Harbor Boulevard and one on Convention Way, both of these would have an 8-foot wide planted median. The remainder of the park to be served by 28-foot wide vehicle accessways, and one emergency accessway is planned for Clementine street. He described the location and types of recreational amenities and utilitarian facilities proposed. 73- 246 City Hall, Anaheim~ California o COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. Mr. Roberts stated that the development plans indicate a six-foot masonry wall around the perimeter of the property, along the north boundary line and to the rear of a 15-foot setback on Clementine Street and Convention Way. The proposed recreational vehicle park development standards suggest 20-foot set- backs along arterial highways and most such parks approved to date have complied with this. With this one exception, the plans submitted comply with the suggested recreational park requirements and the Applicant has stipulated to compliance with the 20-foot setbacks along Clementine Street and Convention Way. Mr. Roberts noted that there are three other travel trailer parks in the immediate C-R area and advised these were approved for a 15 year period as an interim use which would be discontinued when economic pressures made it ad- visable. Mr. Roberts read the findings on which the City Planning Commission based their denial of this conditional use permit. The Mayor asked if the Applicant or his Agent wished to address the Council. Mr. John DeFalco, 1720 West La Palma, referred to the 27 signed state- ments obtained from surrounding property owners and businesses in favor of the pro- posed travel trailer park at this location. He advised that the Applicant has spent considerable time and money, developing the "Convention Plaza" prospectus in order to encourage the highest economic use of subject property, to no avail. The property carries a heavy tax burden and the Applicant proposes to establish the recreational vehicle park as an interim use, and would be satisfied with a 15-year time limit. Mr. DeFalco advised that this project is designe~ to be built in steps and so that should an alternate higher use, such as hotel or high-rise construc- tion, become conceivable, the front portion could be utilized separately. In answer to the opposition presented by Quality Inn that this project would present an eyesore to their patrons, Mr. DeFalco observed that from most of the rooms in the Holiday Inn, Quality Inn~ and Royal Inn, one cannot see the subject parcel. Councilman Pebley asked if the Applicant is willing to comply with the required setbacks,to which Mr. DeFalco answered affirmatively. The Mayor asked if anyone else in favor or opposition wished to be heard. Mr. Bill Armstrong, West Coast Regional Manager, Quality Inns, Inter- national Inc., 616 Convention Way, stated that they are opposed to this project and noted that all of the other surrounding property owners have complied with the maximum required setback along Harbor Boulevard at a cost of nearly five million dollars. He further stated that it is their opinion that subject property could be used, within 15 years, to increase the tax base to a greater extent than the recreational park use. He further cited that the park would attract more traffic into this area and increase congestion. Mr. Armstrong further stated that the subject property is located at the major entrance to a multi-million dollar Convention Center and that he was of the opinion that the people who would utilize the recreational vehicle park would not be of means and this project would not enhance the entrance to the Convention Center. Mr. Armstrong added that there would be 82 rooms of the Quality Inn which would face the trailer park and he considered this project to be a blight in their sight line which would be offensive to their tenants. Councilman Stephenson took exception to Mr. Armstrong's statement re- garding the people who would utilize such a facility as not being "of means". He stated that to his knowledge it is the citizen with above average income who uses recreational vehicles. Mr. Armstrong noted that many people use their recreational vehicles for transportation purposes, and to save money on motel and hotel rentals, and 73-247 City H~ll~ Anaheim, Cal~fornia - COUNCIL MINUTES - March 27? 1973, 1:30 P.M. that National statistics indicate that people driving camping vehicles utilize local facilities such as restaurants, cocktail lounges, on an average of only 6% of the time. Councilman Sneegas observed that, no matter where these recreational vehicles park, they will still travel in and around the Disneyland-Convention Center area to use these facilities, and the total amount would be the same. He inquired whether Mr. Armstrong was really opposing the project on the basis of possible loss of patronage to his hotel as a result of the new facility available. Mr. Armstrong advised that he is not opposed to trailer parks per se, but feels that the location for this particular project is inappropriate because of its relationship to the entrance to the Convention Center and Disneyland. He also stated he felt that other land uses would create a larger tax base. Councilman Pebley stated that he personally has inspected the recrea- tional vehicle parks on West Street and does not consider these to be a blight. They are good looking units which serve a useful purpose and he could see no difference in the locations on West Street and the subject site as both are adjacent to Disneyland and to high-rise hotel structures. Further, according to the signed statements presented, the Royal Inn and Holiday Inn are in favor of this proposal. The Mayor asked if anyone else in opposition wished to address the Council; and hearing no response, offered the Applicant a few minutes for re- buttal. Mr. Masao Fujishige, 1844 Margie Lane, a partner in the enterprise, stated that they are willing to comply with the setback requirements. As far as tax base is concerned, he stated they would be Willing, should the Council decide in their favor, to collect for the City a tax similar to the room occu- pancy tax levied on hotel/motels. He reiterated that the property owners have attempted to attract developers and investors to finance a high-rise structure, however, although many proposals have been received, no financial backing was forthcoming, and the tax burden on the property mandates that they develop it to some economic use. Mr. Fujishige advised that he feels that there is a market for the type of facility he proposes in that many people cannot afford to spend $20.00 to $28.00 per night on hotel rooms. In conclusion he stated that should the opportunity present itself, the property owners would be most happy to convert to some more profitable use, and noted that the trailer park plan will enable them to utilize the front 600-foot section on Harbor Boulevard for another pur- pose, while maintaining the trailer park operation on the remainder. Mayor Dutton closed the hearing. RESOLUTION NO 73R-113: Councilman Pebley offered Resolution No. 73R-113 for adoption, granting Conditional Use Permit No. 1377 to establish a travel trailer park for a period of 15 years, and denying the request for waiver of minimum special setback along Harbor Boulevard, subject to the following conditions recommended by the Interdepartmental Committee. 1. That the owner shall reimburse the City of Anaheim for his pro- portionate share of street improvement and utility installation costs as de- tailed in an agreement between Hiroshi Fujishige, et al, and the City of Anaheim and dated June 6, 1972. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ p~r front foot along Harbor Boulevard, Convention Way, and Clementine Street for street tree planting 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 fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to com- mencement of structural framing. 5. That a 6-foot masonry wall shall be constructed along the north property line and to the rear of the required setback along the east, south, and west portions of the property. 6. That subject property shall be served by underground utilities. 73- 246 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 27, 1973, 1:30 P.M. 7. That the proposed development shall be in accordance with the re- quirements of the State Trailer Act, and that plumbing shall be provided in order that the mobilehome park will accommodate all trailers and not be restricted to "California approved trailers" only. 8. That this conditional use permit is granted subject to the comple- tion of Reclassification No. 66-67-61, now pending. 9. That appropriate water assessment fees as determined by the Dir- ector of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4, provided, however, that all landscaping shall be permanently maintained, including the replacement of trees or landscaping damaged or destroyed by vehicles entering or leaving the parking spaces, and further provided that a 20 foot wide landscaped setback shall be provided along Convention Way and Clementine Street, and the setback along Harbor Boulevard shall comply with the required special setback standards as stipulated to by the petitioner. 11. That Condition No. 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 date hereof, whichever occurs first, or such further time as the City Council may grant. 12. That Condition Nos. 3, 5, 6, 7, and 10, 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. 1377. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-113 duly passed and adopted. PUBLIC DANCE PERMIT: Application filed by Jaime Amezcua, on behalf of the M.AoY.A.S. Club for permit to conduct dance, April 14, 1973 at Carpenter's Hall, 608 West Vermont, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code and that six private security officers and one supervisor be hired to police the dance, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Mrs. Frances B. Gonzales, on behalf of Sociedad Progresista Mexicana #24, for permit to conduct public dance, April 22, 1973, at Carpenter's Hall, 608 West Vermont, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code and that two private security officers and one matron be hired to police the dance, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by John Wayne Bridenstine, for dinner dancing place permit to allow dancing five days per week from 8:30 p.m. until 1:30 aom. at the Jolly Ox Restaurant, 950 Ox Road~ was submitted and granted sub- ject to provisions of Chapter 4.16 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. PRIVATE PATROL PERMIT - LAWRENCE SECURITY~ INC.: Application for private patrol permit filed by Steven L. Frost, for Lawrence Security, Inc., to provide security patrol and guard service within the Anaheim City Limits, with offices at 9461Grindlay Street, Cypress, was submitted and granted subject to provisions of Chapter 4.60 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. RECLASSIFICATION NO. 71-72-27 AND VARIANCE NO. 2324 - EXTENSION OF TIME: Request of Mr. L. A. Muckenthaler, dated February 12, 1973, for a 12-month extension of time 73-249 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27, 1973, 1:30 P.M. to Reclassification No. 71-72-27 and Variance No. 2324, for compliance with certain required conditions pursuant to Resolution No. 72R-63, was submitted together with reports from the City Engineer and Development Services Depart- ment, recommending said extension be granted. On motion by Councilman Pebley, seconded by Councilman Stephenson, a six-month retroactive eXtension of time and an additional 12-month extension of time to expire February 22, 1974, for Reclassification No. 71-72-27 and Variance No. 2324 were granted. MOTION GRANTED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held March 5, 1973, pertaining to the following applications were submitted for City Council information and consideration: VARIANCE NO. 2480 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Kenneth J. Krefft, requesting the following Code waivers to legalize the con- struction of an existing accessory building on R-1 zoned property, located at 840 North Clementine Street, was submitted together with application for Exemp- tion Status: a. Minimum accessory building coverage within required rear yard. b. Minimum distance between accessory and main building. c. Minimum side yard setback. The City Planning Commission pursuant to Resolution No. PC73-45, recommended that no environmental impact report be required and granted said variance subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of the project would be trivial in'nature and that no environ- mental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2480. VARIANCE NO. 2481 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Harlan F. Soden, requesting the following Code waivers to retain two existing 74-square foot free standing signs on C-2 zoned property, located on the west side of Lemon Street, south of Romneya Drive, was submitted together with application for Exemption Declaration Status: a. Number of free-standing signs. b. Distance between free-standing signs. c. Location of free-standing signs. The City Planning Commission pursuant to Resolution No. PC73-46, recommended that no environmental impact report be required and granted said variance in part, denying waivers a. and b. and granting waiver c., subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Pebley, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of 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. 2481. VARIANCE N0..2482 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Woodbine Corporation, requesting the following Code waivers to utilize a trailer on subject property as sales office for sale of the condominium develop- ment on R-A zoned property, located at the northeast corner of State College Boulevard and Wagner Avenue, was submitted together with application for Exemp- tion Status: a. Permitted uses. b. Minimum required front yard setback. The City Planning Commission pursuant to Resolution No. PC73-47, recommended that no environmental impact report be required and granted said 73-25f~ ~ity Hall, Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. variance for a term ending September 24, 1973, 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 impact of 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. 2482. CONDITIONAL USE PERMIT NO. 1380 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application of Henry and Alice Lathrum, to establish a drive-through restaurant in the M-1 Zone, on property located on the east side of State College Boulevard, south of Ball Road, was submitted together with application for Exemption Declara- tion Status. The City Planning Commission pursuant to Resolution No. PC73-49, recommended that no environmental impact report be required and granted said conditional use permit subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of 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 Conditional Use Permit No. 1380. VARIANCE NO. 1790 EXTENSION OF TIME: Request of D. J. Cahoon on behalf of Edward and Irena Corwin, for a three-year extension of time for storage of old and wrecked automobiles on M-1 zoned property, located on the west side of Orange Avenue, between Adele and Cypress Streets, was granted by the City Planning Commission to expire April 25, 1976~ subject to the continued maintenance of the required landscaped areas. The City Council took no further action on Variance No. 1790. TENTATIVE MAP; TRACT NO. 8153 (VARIANCE NO. 2478~ ENVIRONMENTAL IMPACT REPORT NO. 88): Developer, Lusk Corporation; property located on the north side of Nohl Ranch Road, west of Villareal Drive; containing 45 proposed R-H-10,000 zoned lots. On motion by Councilman Pebley, seconded by Councilman Thom, action on Tentative Map, Tract No. 8153, was continued, to be considered in conjunction with Variance No. 2478 and Environmental Impact Report No. 88. MOTION CARRIED. TENTATIVE MAP~ TRACT NOS. 8080 AND 8081: Developer, Upper "K" Ranch Corporation; property located on the south side of the Riverside Freeway, east of Imperial Highway; Tract No. 8080 contains 78 proposed RS-5000 zoned lots; Tract No. 8081 contains 63 proposed RS-5000 zoned lots. The City Planning Commission at their meeting of March 19, 1973, approved Tentative Map, Tract No. 8080 subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8080 is granted subject to completion of Reclassification No. 70-71-49. 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 all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. 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. 7. 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 73-251 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - March 27~ 1973, 1:30 P.M. higher properties south of Santa Ana 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. 8. That grading, excavation and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 9. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit to the City a favorable flood hazard letter from the Orange County Flood Control District. 10. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit the proposed house floor plans and elevations to the City Council for review and approval. 11. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit plans for City Council review and approval showing the steps which shall be taken by the developer to reduce the noise level generated by freeway traffic to 65 dBA's in the rear yards of the lots adjacent to the Riverside Freeway and to 45 dBA's inside the homes (with windows and doors closed) on these lots, as stipulated to by the petitioner. The sound-attenuation devices shall include as a minimum, a 6-foot high earthen berm topped by a 6-foot high decorative masonry wall along the rear of the lots abutting the freeway plus whatever additional measures are necessary to achieve the levels stated above. These plans shall be certified by a recognized acous- tical expert stipulating that the proposed sound-attenuation measures will achieve the levels stated above. 12. That the petitioner shall include information in brochures sub- mitted to purchasers of homes that are proposed adjacent to the freeway right- of-way regarding the anticipated freeway noise levels and sound-attenuation measures that were taken to minimize these noise levels. The City Planning Commission at their meeting of March 19, 1973, approved Tentative Map, Tract No. 8081, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8081 is granted subject to completion of Reclassification No. 70-71-49. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 6. 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. 7. 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. 8. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 9. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit to the City a favorable flood hazard letter from the Orange County Flood Control District. 10. That prior to City Council approval of the final tract map, the o~er(s) of subject property shall submit the proposed house floor plans and elevations to the City Council for review and approval. 11. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit plans for City Council review and approval showing the steps which shall be taken by the developer to reduce the noise level generated by freeway traffic to 65 dBA's in the rear yard in the 73-252 .git~ Hall, Anaheim~ California - COUNCIL MINUTES - March 27, 1973~ 1:30 P.M. lots adjacent to the Riverside Freeway and to 45 dBA's inside the homes (with windows and doors closed) on these lots, as stipulated to by the petitioner. The sound-attenuation devices shall include as a minimum, a 6-foot high earthen berm topped by a 6-foot high decorative masonry wall along the rear of the lots abutting the freeway plus whatever additional measures are necessary to achieve the levels stated above. These plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attenuation measures will achieve the levels stated above. 12. That the petitioner shall include information in brochures sub- mitted to purchasers of homes that are proposed adjacent to the freeway right-of- way regarding the anticipated freeway noise levels and sound-attenuation measures that were taken to minimize these noise levels. On motion by Councilman Pebley, seconded by Councilman Sneegas, Tentative Maps, Tract Nos. 8080 and 8081 were approved, subject to the recommendations of the City Planning Commission. To this motion, Councilman Thom voted "no". MOTION CARRIED. TENTATIVE TRACT NO. 7422, REVISION NO. 2: Owner, Dudley Frank; property located on the north side of La Palma Avenue and south side of Esperanza Road, east of Imperial Highway; containing 85 proposed RS-5000 zoned lots. The Deputy City Clerk read into the record a statement dated March 26, 1973 by Fir. Thornton E. Piersall, Director of Public Works advising the City Council that he has a financial interest in the land in subject Tentative Tract No. 7422. The City Planning Commission at their meeting held March 19, 1973{ approved said tentative map subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7422, Revision No. 2, is granted subject to the approval of Reclassification ~o. 70-71-25. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That in accordance with City Council policy, a 6-foot masonry wall shall be constructed on the south property line adjacent to La Palma Avenue. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and accep- tance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 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 street names shall be approved by the City of Anaheim prior to approval of a final tract map. 7. 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. 8. 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 north of Esperanza Road through said property to ultimate dis- posal as approved by the City Engineer. Reimbursement agreements may be made availabl~ to th~ d~v~lop~rs of said property upon their r~qu~st. 9. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 10. That a 6-foot high fence shall be constructed along the northern tract boundary adjacent to the railroad right-of-way. 11. That the vehicular access rights, except at street and/or alley openings, to La Palma Avenue shall be dedicated to the City of Anaheim. 12. That "D" Street and "E" Street shall be 64 feet wide. 73-253 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27, 1973, 1:30 P.M. 13. That the developer shall obtain a favorable flood hazard letter. acceptable to the City of Anaheim from the Orange County Flood Control District. 14. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit the proposed house floor plans and elevations to the City Council for review and approval. 15. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit plans for City Council review and approval showing the steps which shall be taken by the developer to reduce the noise level generated by train traffic to 65 dBA's in the rear yards of the lots adjacent to the railroad right-of-way and to 45 dBA's inside the homes (with windows and doors closed) on these lots. These plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attenuation measures will reduce train traffic noise to the levels stated above. 16. That the petitioner shall include information in brochures sub- mitted to purchasers of homes that are proposed adjacent to the railroad right- of-way regarding the anticipated railroad noise levels and the sound-attenuation measures that have been taken to minimize these noise levels. Mr. Jeff Millett, 1%q5 West Valencia, Fullerton, requested that the portion of Condition No. 15 which refers to lowering of the noise level to 65 dBA in 'the rear yards of lots adjacent to the railroad right-of-way, be waived in this instance. He noted that other developerg along the railroad have not met such a standard. Further he stated that the developer of this project has taken steps to insure acceptable interior sound levels, but cannot comply with 65 dBA in the rear yards because of the proximity of subject property to the railroad tracks. On motion by Councilman Stephenson, seconded by Councilman Pebley, Tentative Map, Tract No. 7422, Revision No. 2, was approved subject to the recommendations of the City Planning Commission, with the following amended Condition No. 15: 15. That prior to City Council approval of the final tract map, the owner(s) of subject property shall submit plans for City Council review and approval showing the steps which shall be taken by the developer to reduce the noise level generated by train traffic to 45 dBA's inside the homes (with win- dows and doors closed) on those lots adjacent to the railroad right-of-way. These plans shall be certified by a recognized acoustical expert stipulating that the proposed sound-attenuation measures will reduce train traffic noise to the levels stated above. To this motion, Councilman Thom voted "no". MOTION CARRIED. TENTATIVE TRACT NO. 8204 (RECLASSIFICATION NO. 72-73-36 AND VARIANCE NO. 2487): Owner, Mr. and Mrs. Arden Strand, Mr. and Mrs. Harvey P. Shunk, Mr. and Mrs. Clifford Nugent, Mr. and Mrs. Roy Nakatsuka, Mr. and Mrs. Alexander Horowitz; property located on the north side of Cerritos Avenue, west of Knott Avenue, containing 32 proposed R-3 zoned lots. On motion by Councilman Dutton, seconded by Councilman Stephenson, action on Tentative Map, Tract No. 8204 was continued to be heard in conjunction with Reclassification No. 72-73-36 and Variance No. 2487. MOTION CARRIED. FINAL MAP~ TRACT NO. 8104: Developer, American Housing Guild; tract located on the east side of Nohl Ranch Road, south of Walnut Canyon Road; containing 53 proposed R-2 zoned lots. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, that bond has been forwarded to the City Attorney for approval and required fees paid. He further recommended that said final map be approved subject to ded- ication of the full right-of-way of Camino Grande Way adjacent to Tract No. 8104. The Deputy City Clerk advised that one of the deeds of easement for acceptance by the City Council this date, covers said dedication requirement. 73-254 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. On recommendation of the City Engineer, Councilman Stephenson moved that Final Map, Tract No. 8104 be approved, subject to approval of required bond by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1361: Revised plans were submitted by Mr. Robert Hall, Robert Hall Mazda, to establish a motor home sales and service facility on the southerly two portions (Portion Nos. 2 and 3) of property located on the west side of Manchester Avenue, south of Katella Avenue, north of Orangewood Avenue. Zoning Supervisor Charles Roberts advised that at the time development plans were submitted in connection with Conditional Use Permit No. 1361~ the petitioner indicated intent to divide the parcel into three distinct portions, Portion No. 1 to be developed into a Mazda sales and service facility; Portion No. 2 and some of Portion No. 1 to be used for storage of new automobiles in con- nection with this agency; and Portion No. 3 was not designated for development at that time. The revised plans which have been submitted indicate proposal to develop Portion Nos. 2 and 3 for a motor home sales and service facility (Winne- bago) with the major part of the sales and service building to be located on Portion No. 2 and the front portion of the property adjacent to Manchester Avenue to be utilized as a display area for motorhomes; the rear portion to be used for storage of new vehicles and those awaiting service. Mr. Roberts advised that the Petitioner's Agent, Mr. John Armstrong, Claraboya Construction Company in his letter dated March 9, 1973, stipulates that they will comply with the same type of requirements regarding the revised plans as were imposed upon the Mazda property, i.e., block wall, tree screen landscaping adjacent to the boundaries, landscaping adjacent to the arterial highway, etc. In conjunction with the motorhome sales and service, the Applicant proposes a 36- foot high free-standing sign adjacent to Manchester Avenue. Mr. Roberts reported that the City Planning Comm£ssion has approved the revised plans as submitted, subject to the approval of a variance for the proposed sign height and subject to restrictions on the types of services to be p~rformed in the motorhome facility. The revised plans were reviewed at Council table, as well as photographs of the proposed motorhome sales facility to be constructed at this site. The City Council took no further action on the revised plans submitted in connection with Conditional Use Permit No. 1361. REPORT - STATUS OF INDUSTRIAL GROWTH: Mr. Alan Orsborn, Director, Development Services Department, submitted and summarized a report on the status of industrial growth within the City. According to statistics quoted by Mr. Orsborn, 1972, with building permits issued for 1,231,000 square feet of new industrial buildings, was the fourth largest year in industrial development in the City's history, and according to the same statistics indications are that 1973 will be a banner year as well. These statistics, Mr. Orsborn stated, are evidence of the success of Council's policies for the balanced development of the City. He observed that this increased industrial growth has led to higher land values, increased job opportunities, greater demand for housing construc- tion with attending increased demands for commercial services, which have benefited all of the citizens of Anaheim. Mr. Orsborn illustrated his report with maps indicating that the pri- mary location of industrial growth has been the northeast industrial area. He further noted that the prevalent vacancy rate in this area is less than 2%. The second set of maps utilized colors to depict ownership of the land in the various industrial zones and these show a significantly scarce supply of industrial land in the southeast and northeast industrial zones, to a point where it would be difficult to put together as much as 40 acres for industrial use by a major con- cern. In order to maintain a balanced growth economy, Mr. Orsborn cautioned that the impact of future growth should be taken into consideration. He reported that in 1965, the mix of single-family homes as opposed to multiple family was 32% multiple to 58% single, and this has now changed to 52% single as opposed to 43% multiple. Additionally, the number of trailer spaces has been increased by 1,000. Mr. Orsborn felt that to maintain balanced growth of the economy, the impact of Council decisions on this balance should be carefully considered. 73-255 City Hall, Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. In answer to Councilman Pebley, Mr. Orsborn indicated that condomin- iums or townhouses with resident ownership, to date, have been counted in the multiple-family category, even though admittedly, these would not correctly represent a transient population. Another point emphasized by Mr. Orsborn, was that as annexations are completed in the canyon area, which will afford minimum opportunity for indus- trial uses, that the available industrial space be used judiciously and attempts be made to avoid dilution of industrial opportunity within the City. Councilman Dutton asked if there are any pending requests for non- industrial uses in an M-1 Zone. Mr. Roberts replied that the request under Orange County Use Permit No. 3377 for commercial horse stables, and a request for C-1 to establish a service station at the southeast corner of Sunkist Street and Ball Road were the only two he could recall. Mr. Orsborn also reported on the status of the Pacific World and the National Sierra Pictures projects in the southeast and northeast industrial area. Councilman Pebley expressed his opinion that the Council's policies were not so much responsible for the success of the northeast industrial area as was the shortage of industrial acreage in Buena Park and the high cost of such in Irvine. Councilman Dutton related that he had felt for some time that the number of apartment units for rental is becoming disproportionate to the other types of housing available within the City. Following this discussion, Councilman Sneegas stated he wished the record to show that he had entered negotiations to purchase some acreage in the northeast industrial area approximately two weeks prior to this date, since his firm has outgrown their present offices. RESOLUTION NO. 73R-114 - AWARD OF WORK ORDER NO. 322-297: In accordance with recom- mendations of the Fire Chief, Councilman Stephenson offered Resolution No. 73R-114 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL LABOR A~D EQUIPMENT TO CUT AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, ACCOUNT NO. 322-297. (Harold Watts - $19,819.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-114 duly passed and adopted. RESOLUTION NO. 73R-115 AWARD OF WORK ORDER NO. 8002: In accordance with recom- mendations of the City Engineer, Councilman Pebley offered Resolution No. 73R-115 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: DEMOLITION, SITE CLEANING AND ROUGH GRADING AT CLAIR SUB- STATION SITE, MAGNOLIA AVENUE AT BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8002. (Krimm Bros. - $3,930.00) 73-25~. City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 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~115 duly passed and adopted. RESOLUTION NO. 73R-116 - WORK ORDER NO. 674-A: Councilman Dutton offered Resolution No. 73R~116 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE HARBOR BOULEVARD AND NORTH STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 674-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVE- MENT IN ACCORDANCE WITH SAID PLANS~ SPECIFICATIONS, ETC,; AND ~~ AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - April 19, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-116 duly p~ssed and adopted. PUBLIC IMPROVEMENT PROJECTS - FINAL COMPLETION: Upon receipt of certification from the Director of Public Works, Councilman Pebley offered Resolution Nos. 73R-117 and 73R-118 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-117 - WORK ORDER NO. 662-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BALL ROAD STREET IMPROVEMENT FROM APPROX- IMATELY 656 FEET EAST OF TO APPROXIMATELY 210 FEET EAST OF STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 662-A. (El Camino Contracting Company) RESOLUTION NO. 73R-118 - WORK ORDER NO. 664-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PER- FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE GROVE STREET STREET IMPROVEMENT FROM LA PALMA AVENUE TO APPROXIMATELY 1485 FEET SOUTH OF LA PALMAAVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 664-A. (El Camino Contracting Co.) Roll Call Vote: AYES: COUNCILMEN: NOES; COUNCILMEN: ABSENT: COUNCILMEN: Snee~as~ Stephenson~ Pebley~ Thom and Dutt0n None None The Mayor declared Resolution Nos. 73R-117 and 73R-118 duly passed and adopted. RESOLUTION NO. 73R-119 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution No. 73R-119 for adoption. 73-257 City Hall~ Anaheimt..California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Dew Construction Company, Inc.; Mollie E. & Charles A. Curry; C. R. & Irma Brandon; Arnold J. Sylvester; William P. Visser; Southern Pacific Transportation Co.; American Housing Guild-Los Angeles; Katherine A. Cyprien; Masaiki & Mary K. Yoshizaki; Jay J. Wall; Gall & Muriel V. Vary; Darryl L. Walker, Joan R. Berry, Jay J. Wall, William Sanderfeld, Stephen S. & Geraldine D. Gallagher; Byron A. & Luetta Dahl, Basil B. Dahl; Woodbine Corp.; General American Life Insurance Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-119 duly passed and adopted. RESOLUTION NO. 73R-120 - PROPOSED ABANDONMENT NOo 72-9A: Councilman Stephenson offered Resolution No. 120 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (72-9A, April 17, 1973, 1:30 P.M.; east of Brookhurst, north of Crescent) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-120 duly passed and adopted. SETTLEMENT - EDISON COMPANY LITIGATION: Mr. Alan Watts reported on the recent action of the Federal Power Commission in the settlement agreement with the Southern California Edison Company. The Federal Power Commission issued an opinion and order fixing just and reasonable rates in the relationship between the Cities of Anaheim, Riverside and Banning, and the Southern California Edison Company, and also approved the various terms of the settlement agreement. Mr. Watts advised that the decision was issued on March 19, 1973 and there is a 30 day period during which petition for rehearing with the Commission can be filed, however this is not expected, in view of the fact that all Edison Company wholesale power customers have signed settlement agreements similar to that of the City of Anaheim. The agreement will be in effect in 30 days, the last remaining condition being the approval of the Federal Power Commission. Mr. Watts further reported that rough calculations from the Utilities Division indicates that, assuming that the Edison Company pays all of the amounts indicated in the settlement agreement on May 1, 1973, the estimated amount would be $2~156~000. This figure reflects the cash settlement~ the voltage discount retroactive to November~ 1971~ and the interest on these amounts. Mr. Gordon Hoyt~ Utilities Director~ pointed out that this settlement agreement, aside from the benefits described by Mr. Watts, provides for inte- grating electric systems of the Edison Company and the City, as well as providing for a cooperative approach to the planning for future power and energy needs in Southern California. Mr. Hoyt stated he is hopeful that the new spirit of co- operation, as illustrated in the recent joint planning sessions sponsored by the Edison Company, and the recent Supreme Court decisions, together with the settle- ment agreement will result in the publicly and privately owned electrical util- ities ending their'time-consuming and expensive legislative and economic battles. 73-258 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. As the recently elected President of the California Municipal Utilities Association, Mr. Hoyt stated that the principles contained in this settlement agreement could be applied to other municipally and privately owned utilities in California. If these other California Utilities will accept this approach to co- operatively supply, the electric power needs of the State, then maximum use can be made of all of the regional power interconnections and generating facilities for the benefit of all electric power consumers and residents of California. Mayor Dutton commended Mr. Hoyt and the City Attorney's Office for the efforts put forth in connection with the Southern California Edison litigation. Mr. Murdoch observed that if the community is to reap the benefits of this agreement and of the cooperative efforts, then serious consideration should be given to long-range financing programs, specifically mentioning the proposed MWD nuclear generating plant in the Mojave Desert, which would be, with joint fin- ancing, a valuable cooperative effort. This would be by some type of capital financing, most likely accomplished through revenue bonds, Mr. Murdoch stated. Mr. Hoyt advised that the Utilities Division is actively seeking such projects which will provide power supply sources, and are considering all kinds of alternatives. In this regard they are participating in the licensing hearings of San Onofre Units 2 and 3, as well as studying the possibilities of coal fire generation in Southern Utah, and looking into fuel cell development research. Through membership in W.E.S.T., (Western Energy Supply and Transmission Asso- ciates) the City is involved in the amount of $10,000.00 per year, which is contributed to research and development of power sources. In addition he noted that the City of Los Angeles has indicated that they are pursuing nuclear de- velopment and have welcomed Anaheim to join them in this venture. Mr. Hoyt advised that the Utilities Division is investigating all these possibilities on behalf of the community and will make a recommendation as to participation should they locate a suitable project. PURCHASE OF EQUIPMENT - MISCELLANEOUS KITCHEN E~UI?MENT: Mr. Murdoch reported that at the March 20, 1973 meeting, the City Council authorized purchase of various kitchen equipment for the Anaheim Hills Golf Course Clubhouse, on a segregated bid basis, in order to obtain lower costs and more advantageous delivery dates on these items. The bids for the following items were accepted and purchase authorized from Bolsa Restaurant Supply, however, upon being informed, this firm has refused to honor their bids on a split-bid basis. It was therefore recommended that the purchase of these items be authorized from Ace Fixtures, Anaheim at the prices indicated below, because of favorable delivery dates: Ace Fixtures: ITEM AMOUNT TOTAL~ INCLUDING TAX Walk-in Box 1 $4,370.10 Dining Tables 30 1,155.00 Cocktail Tables 10 341.25 On motion by Councilman Pebley, seconded by Councilman Stephenson, pur- chase of the above noted items, from Ace Fixtures, Anaheim, in the total amount of $5,866.35, including tax, was authorized. To this motion, Councilman Thom voted "no". MOTION CARRIED. PURCHASE OF EQUIPMENT - 69KV POTENTIAL TRANSFORMERS: The City Manager reported on informal bids received for the purchase of eight 69kv potential transformers for Electrical Division as follows, and recommended acceptance of the Westinghouse Electric Supply Company bid, as this firm can deliver from stock, and the low bid did not meet specifications. VENDOR TOTAL AMOUNT~ INCLUDING TAX Westinghouse Electric Supply, Anaheim ..... General Electric Co., Anaheim ......... Allis Chalmers, Los Angeles ........ - - $18,480.00 - - 18,480.00 15,792.00 On motion by Councilman Stephenson, seconded by Councilman Sneegas, the bid of Westinghouse Electric Supply Company was accepted and purchase auth- orized in the amount of $18,480.00, including tax as recommended by the Electrical Superintendent. MOTION CARRIED. 73-259 Cit}~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. PURCHASE OF EQUIPMENT - 69KV LIGHTNING ARRESTERS FOR CLAIR AND SHARP SUBSTATIONS: Mr. Murdoch reported on recommendation received from Mr. George Edward, Elect- rical Superintendent, for purchase of 69ky station class lightning arresters for the Clair and Sharp Substations from Ohio Brass. According to the memo- randum dated March 20, 1973, from Mr. Edwards, Ohio Brass is the only manu- facturer of these arresters that have a suitable discharge voltage rating to meet City specifications, and these will provide maximum protection for the cables and apparatus which will be installed at Clair and Sharp Substations. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council authorized the purchase of 69ky station class lightning ar- resters from the Ohio Brass Company in the amount of $17,891.69, including tax, as recommended by the Electrical Superintendent. MOTION CARRIED. INCREASE IN CONTRACT (DETAILED COST ESTIMATES) - DANIEL, MANN~ JOHNSON & MENDENHALL: The City Manager reported on recommendation received from Gordon Hoyt, Utilities Director, for modification of the contract with Daniel, Mann, Johnson & Mendenhall to include provision for detailed cost estimates for the Clair and Sharp Substations, and payment in the sum of $2,300.00 for this addition to the contract. Said detailed cost estimates are necessary in order to properly evaluate contractors bids, and the present construction schedule indicates these will be received from April 12, and awarded April 17, 1973. RESOLUTION NO. 73R-121: On recommendation of the Utilities Director, Councilman Pebley offered Resolution No. 73R-121 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF ANAHEIM AND DANIEL, MANN, JOHNSON & MENDENHALL AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-121 duly passed and adopted. RESOLUTION NO. 73R-i22 - 12-MONTH IRON PIPE CONTRACT: Councilman Pebley offered Resolution No. 73R-122 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT THE PURCHASE OF CAST IRON WATER PIPE AND FITTINGS IS NECESSARY FOR THE WATER DEPARTMENT; APPROVING THE SPECIFICATIONS THERE; AND DIRECTING THE PUBLICATION OF A NOTICE INVITING BIDS FOR THE FURNISHING OF SAID PIPE AND FITTINGS. (Bids to be Opened - April 19, 1973, 2:00 P.M.) P'~! ] Ca7 1 NOES: ~,OUNCILME~: ABS~';NT: '~OIP,;C l LMEIN: T~t. Mav,>r ,i,:,clare,4 ..... a~>;r:lutic,~ Nr. 73R-1.**z duly passed and adopted. ~.Ei:.L~;J[ON NO. 7~;R-123 - ifNCLAIMEI) PROPERT;': C~,urcilm~qn Stephenson offered Resolution .... "'3R-12'~ for adopt ion RESOLUTION O~ THE t'.ITY CtUNt,IL OF THE Ci[Y OF ANAHEIM DECLARING CERTAIN *iCLAIbiED PROPERTY I:i NEEDED FOP PUBL](i ,.c ...... E AND TRANSFERRING THE SAME TO '.~!E C]'?Y PURCHASING DEPARTMENT. 73-260 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27, 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-123 duly passed and adopted. 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 Dutton, seconded by Councilman Pebley: a. Claim submitted by Pacific Telephone & Telegraph Company for pur- ported damages to 200 pair buried cable at the corner of Anaheim Hills and Santa Ana Canyon Roads, purportedly severed by the Electric Department of the City of Anaheim, while setting up power poles, on or about January 15, 1973. b. Claim submitted by Genevieve Hunt for purported personal property damage sustained as a result of large hole in pavement at Ball Road and Perdido, on or about March 9, 1973. c. Claim submitted by Michael Gerard Petrillo, for personal injuries purportedly received at the hands of the Anaheim Police Department, on or about December 18, 1972. d. Claim submitted by Renee E. Smith for personal property damage and personal injury (son, William A. Smith) purportedly as a result of collision with Anaheim police vehicle, intersection of Robin Street and Robin Place, on or about March 3, 1973. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Pebley: a. Board of Supervisors - Resolution No. 73-244 - Notice of Public Hearing on the question of whether Section 25.0211 of the Codified Ordinances of Orange County relating to alcoholic beverages in County regulated recreational areas should be modified. b. Financial and Operating Reports for the Months of January and February, 1973. Customer Service Division - January-February Fire Department - February MOTION CARRIED. ORDINANCE NO. 3144: Councilman Sneegas offered Ordinance No. 3144 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 18, CHAPTER 18.57, SECTIONS 18.57.010 TO 18.57.070, BOTH INCLUSIVE, AND ADOPTING A NEW TITLE 18, CHAPTER 18.57, SECTIONS 18.57.010 TO 18.57.070, BOTH INCLUSIVE, RELATING TO ZONING. (PC - Planned Community Zoning) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3144 duly passed and adopted. ORDINANCE NO. 3145: Councilman Stephenson offered Ordinance No. 3145 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 18.13.030(C-1), 18.18.030(2), 18.20.030(1) AND 18.24.030(1) OF THE ANAHEIM MUNICIPAL CODE AND AMENDING TITLE 18, CHAPTER 18.13, 18.18, 18.20 AND 18.24 BY ADDING THERETO NEW SECTIONS 18.20.030(C-1), 18.18.030(2), 18.20.030(1), AND 18.24.030(1). (Front yard setbacks garages) 73-261 City Hall~ Anaheim~ California - COUNCIL MINUTES Roll Call Vote: March 27~ 1973~ 1:30 P.M. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3145 duly passed and adopted. ORDINANCE NO. 3146: Councilman Dutton offered Ordinance No. 3146 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 14.32.154, RELATING TO PARKING RESTRICTIONS. (Portion of Clementine Street) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3146 duly passed and adopted. ORDINANCE NO. 3147: Councilman Sneegas offered Ordinance No. 3147 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 (54) - M-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3147 duly passed and adopted. ORDINANCE NO. 3148 (RECLASSIFICATION NO. 72-73-30): Mr. Murdoch relayed the Petitioner's inquiry regarding the street lighting requirements for those downtown areas where ornamental street lights exist, even though they are of the old type and installed many years ago. In this case, subject property is located in the downtown area at the southwest corner of Santa Ana and Lemon Streets, however, the ornamental lighting in this particular area is installed on Lemon Street from the north down to this intersection, then a gap exists before they appear again on South Lemon. Council indicated they felt that street lighting should be up-graded at every opportunity, and by general Council opinion, determined that the street lighting deposit be required and that the lighting of subject property be installed as quickly as possible. Mr. Murdoch advised that he will investigate with the Utilities Division as to their installation time schedule and also to determine what type of lighting would be appropriate, due to the fact that it will exist next to the older type of ornamental street lights. Final reading of Ordinance No. 3148 was thereupon held over, contingent upon compliance of the street lighting requirement by the Petitioner. ORDINANCE NO. 3149: Councilman Sneegas offered Ordinance No. 3149 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-28 - M-l) ORDINANCE NO. 3150: Councilman Sneegas offered Ordinance No. 3150 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-14 - C-H) 73-26:~ City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973; 1:30 P.M. ORDINANCE NO. 3151: Councilman Sneegas offered Ordinance No. 3151 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-17 - R-2) ORDINANCE NO. 3152: Councilman Stephenson offered Ordinance No. 3152 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.28~ SECTION 6.28.010 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BEEKEEPING. (Permitted in R-A or R-E Zones only) ORDINANCE NO. 3153: Councilman Sneegas offered Ordinance No. 3153 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.16, SECTION 18.16.040, OF THE ANAHEIM MUNICIPAL CODE. (Beekeeping - conditional buildings, structures, and uses) ORDINANCE NO. 3154: Councilman Sneegas offered Ordinance No. 3154 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.18, SECTION 18.18.025, OF THE ANAHEIM MUNICIPAL CODE. (Beekeeping - conditional uses) STATE EMPLOYEES RETIREMENT SYSTEM - RETIRED EMPLOYEES - S.B.-135: Mr. Murdoch referred to the memorandum from Garry McRae, Personnel Director, dated February 20, 1973, regarding the increased retirement allowance for 103 public employees retired or members deceased on or before December 31, 1970 and the letter received from Mr. A1 G. Kohler, President, Orange County Chapter No. 40 of the Retired Public Employees Association of California, in this regard. Said matter was continhed from the meeting of March 20, 1973. Councilman Stephenson requested that the record show that he did not participate in the following discussion or action because of possible conflict of interest as he is a retired city employee in the State Retirement System and thereupon left the Council Chambers (3:30 P.M.). Councilman Thom observed, in reviewing the memorandum indicating cost to the City for this increase, that the mortality factor was not considered. Mr. Murdoch replied that these figures are based on actuarial informa- tion, which has already taken the mortality factor into consideration. He further reported that should this increase be approved, the City would be required to first pay a lump-sum for the retroactive increase which would total $208,906.00, before taking up the current amounts, and this could not be covered with funds from the Council Contingency Fund at this time. He therefore recommended that Council state their intention to include this increase in the 1973-74 Fiscal Budget, should they wish to grant the increase, and not commit any funds until the feasibility of budgeting the required amounts is determined. He further noted that should the Council wish to go forward with increased allowance at this time, the cost mizht be spread over a five or ten year time period, but when spreading the cost, the City would pay on the basis of a percentage of current payroll and will consequently be paying for more employees than were on the payroll prior to December 1970. Therefore the total cost to the City would be substantially greater on a spread method, rather than a lump sum basis. Councilman Pebley asked if this increased allowance would be applicable to employees who have become disabled. Mr. Mnrdoch raplied that it would cover all employees who have retired prior to December 1970, regardless of the reason, and also to those who have be- come deceased in the interim, in which case their heirs would be entitled to the increased amount. By general consent, the City Council indicated their intention to include the increased retirement allowance pursuant to S.B.-135, in the 1973-74 Fiscal Budget, on a lump sum basis if possible. Councilman Stephenson returned to Council Chambers. (3:40 P.M.) 73-263 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973; 1:30 PoM. COMMUNITY REDEVELOPMENT COMMISSION APPOINTMENT: It was moved by Councilman Dutton, seconded by Councilman Pebley, that Mr. Gaylen Compton be appointed to the Com- munity Redevelopment Commission to fill the unexpired term of Mr. Larry Ulvestead, ending June 30, 1975. Councilman Thom stated that although he considers Mr. Compton an excellent choice, he felt' it more important to maintain a broader base of re- presentation on the Commission and noted that Mr. Compton, if appointed, would represent the same profession as Mr. James Morris, both being realtors. He thereupon abstained from voting on the afore mentioned motion. MOTION CARRIED. METROPOLITAN WATER DISTRICT TOUR OF FACILITIES: Mr. Murdoch announced that the tour of the MWD facilities has been scheduled for November 9, 10, and 11, 1973, and requested Council to inform him of any individuals they would like included in the tour invitations so that appropriate arrangements can be made. MAYORS' AND COUNCILMEN'S LEGISLATIVE CONFERENCE: Mr. Murdoch announced that the third Mayors' and Councilmen's Legislative Conference, sponsored by the League of California Cities, will be held at the Senator Hotel, Sacramento, Calif- ornia, May 14, through 16, 1973. BROTHER'S KEEPER, CRIMINAL JUSTICE GRANT: Mr. Murdoch presented the request from Mr. M. R. Ringer, Finance Director, dated March 23, 1973 for transfer from the Council Contingency Fund of the amount of $55,380.00 to the Brother's Keeper Program. This sum reflects the cost for the first three months of this program, and will be reimbursed one hundred percent, however, transfer of funds is necessary to finance the program which is on a cost-reimbursement basis. On motion by Councilman Pebley, seconde~ by Councilman Sneegas, the City Council authorized transfer of $55,380.00 from the Council Contingency Fund for the purpose of financing the "Brother's Keeper Criminal Justice Program". MOTION CARRIED. INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY: Mr. Murdoch presented the invoice for membership assessment from the Intergovernmental Coordinating Council of Orange County in the amount of $1,987.00, for the period of January 1 - July 1, 1973, and inasmuch as this organization was formed after the Budget had been allocated, recommended this sum be transferred from the Council Contingency Fund. The City Council authorized payment of the assessment of $1,987.00 to the Intergovernmental Coordinating Council of Orange County and authorized transfer of this sum from Council Contingency Fund, on motion by Councilman Thom, seconded by Councilman Stephensono MOTION CARRIED. ,,.A~, RICAN CANCER SOCIETY - BIKE-A-THON: Request of Mr. Russell L. Diaz, Chairman, American Cancer Society, Bike-a-thon Committee to conduct a bike-a-thon along a certain route in Anaheim on Saturday, April 7, 1973, for fund raising pur- poses was submitted together with report from Police Chief Michel recommending approval of said request. Mr. Murdoch outlined the route proposed for Anaheim and advised that the event will be conducted concurrently along five other routes throughout Orange County. Council discussion relative to the problems encountered during the "Walk-a-thon" conducted Saturday, March 24, 1973, ensued and the Council indicated they felt that the number of participants in this event was the major problem and that in future similar activities, more stringent crow~ control measures or limitations on the number of participants should be en- acted° In addition to the trash and traffic congestion created by the walk- a-thon, Councilman Pebley was of the opinion that during the day the event had a detrimental effect on the conduct of business along the route. Councilman Sneegas was concerned about the costs of clean-up and police for such events, indicating he did not think this burden should be borne by the taxpayers. 73-26. ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. Following Council discussion, it was moved by Councilman Thom, seconded by Councilman Sneegas, that the American Cancer Society Bike-a-thon request be referred back to the Police Department, with direction to them to ascertain whether or not this event can be conducted with sufficient controls so as to avoid problems encountered during the Walk-a-thon route, and to submit further recom- mendation for Council consideration on April 3, 1973. MOTION CARRIED. MEETING WITH ANAHEIM UNION HIGH SCHOOL BOARD: The City Manager reported that the Anaheim Union High School Board has proposed a quarterly meeting with the City Council, which they would like to host in the cafeteria of their new facility. By general Council consent, Council indicated an evening meeting on Thursday, April 26, 1973, with the Board would be acceptable. COUNTY PLANNING COMMISSION GROWTH POLICY REPORT: Mr. Murdoch requested that Council inform him if they wished additional information from any of the parties who pre- pared this report. SANITATION DISTRICT DIRECTOR'S FEES: Councilman Stephenson requested direction from Council on voting regarding a proposal to change Sanitation District Director's fees at the April meeting. He reported that four recommendations have been made, however the Committee which has studied the situation recommends the compensation remain at $50.00 per district per meeting. By general consent, the Council authorized Councilman Stephenson to vote in accordance with his best judgement on the matter. RECREATIONAL VEHICLE'S SPACE TAX: Councilman Pebley stated that in his opinion it would be appropriate to levy a tax similar to the room occupancy tax on hotel and motel rooms on occupants of the recreational vehicle parks, in that these visitors enjoy the same facilities as thos who stay in the hotel ana motel rooms. He stated he has received several communications from motel and hotel owners relative to this situation and they have stated they feel this would be equitable. City Attorney Joseph Geisler advised that the room occupancy tax is based on the use of the Convention Center, and that as far as he knows, no con- ventions book or utilize recreational vehicle parks. If the City wishes to pro- ceed with a tax on spaces in recreational parks another theory would have to be used to justify this tax, such as a tax paid by transients because of the in- creased cost incurred for additional municipal services and facilities (police, fire, etc.) required by their presence in the City. Councilman Pebley moved that an ordinance be drafted along the lines discussed, to establish a 6% tax to be levied on spaces rented to recreational vehicles in recreational vehicle parks. Councilman Dutton seconded the motion. MOTION CARRIED. STATUS OF ROYAL INNS ACCOUNT: In view of the report given in the Finance Director's memorandum dated March 21, 1973 regarding the delinquency of Royal Inns lease and room tax payments, Councilman Thom requested clarification as to why, on November 7, 1973, the City Council authorized refund to this firm of the sum of $18,000.00 under the terms of their contract that they paid under protest. Mr. Alan Watts, Assistant City Attorney, reported that he did not con- sture from this memorandum that the Royal Inns account was delinquent on November 7, 1972. The delinquency is indicated for the months of November and December. Further Mr. Watts added that the Accounting Division has been in con- tact with Royal Inns and the indication is that lease payments for the months of November and December will be in the mail this date~ as well as the room tax pay- ment for the month of January. Councilman Thom further reported that he has discussed the financial situation of Royal Inns with the Orange County Tax Collector, who disclosed that they are also delinquent in the amount of $85,000.00 in taxes. The County Tax Collector now has legal right to seize the hotel for past due and current taxes. He further noted that a special signed agreement has been obtained by the County Tax Collector with the President of Royal Inns for partial payment of the 1972 taxes, on March 15, 1973, on which they have defaulted. City Hall~ Anaheim~ California - COUNCIL MINUTES - March 27~ 1973~ 1:30 P.M. Mr. Watts stated that he found this an interesting statement in view of the fact that the Royal Inns' tax would be possessory interest tax and not a secured tax on the property. Mr. Geisler advised that even in the event of auction, the City would have no particular problem in that the purchaser would have to assume all of the rentals due. Mr. Thom reiterated that his primary concern was that the City had refunded the $18,000.00 when Royal Inns was in arrears at the time. Mr. M. R. Ringer, Finance Director, advised that the Royal Inns lease is based on a percentage of business during a month and the rent is not known until that month is completed so that the normal cycle for their payment is 30 days behind. A total period of approximately 40 to 45 days elapses by the time the books are closed and payment is made. This amounts to a two month lag in the normal billing processes. At the time the adjustment for the $1,000.00 per month paid under protest was made, the firm was in their normal billing cycle; it is the last two months for which they have become delinquent. In answer to Councilman Thom's request as to the exact date the sum of $18,000.00 was refunded, Mr. Ringer advised that he will investigate and report back. RETURN - POW - CAPTAIN JAMES D. KULA: Mayor Dutton announced that an Anaheim resi- dent, Captain James D. Kula, United States Air Force, who was shot down July 29. 1972, is being released from Prisoner of War status and is now enroute to Clark Air Base and will be arriving in Anaheim the first of next week. He advised that a congratulatory telegram has been sent to Mrs. Kula and that a Welcome Home Committee is being formed ~o arrange an appropriate homecoming for Captain Kula. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:20 P.M. Deputy City Clerk