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1973/04/03
73-266 City Hall~ Anaheim~ California - COUNCIL MINUTES - A~ril 3~ 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 ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Edward Granzow ASSISTANT DIRECTOR OF D~VELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: DOn McDaniel Mayor Dutton called the meeting to order. INVOCATION: Reverend Harry Stief of the Grace Lutheran Church gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni, of the City Personnel Department, introduced 6 new employees attending the Council meeting as a part of the City's orientation program. Mayor Dutton welcomed said employees. ANAHEIM HOST LIONS CLUB - LA PALM~ RECREATION BUILDING: Mayor Dutton, on behalf of the Anaheim Host Lions Club, presented a check in the amount of $1,000.00 to be applied towards amortizing the cost of the La Palma Recreation Building. Said check was received with appreciation. MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 13, 1973 were approved on motion by Councilman Stephenson, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RE~OLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions,and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $169,878.07, in accordance wi~h the 1972-73 Budget, were approved. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 72-73-28 AND VARIANCE NO. 2462: Sub- mitted by Henry Wesseln requesting change of zone from R-A to R-3 on Portion No. 1 for the purpose of establishing a one and two-story, 33-unit apartment complex on Portion Nos. 1 and 2; property located on the west side of Velare Street, approximately 660 feet south of Orange Avenue, with the following waiver: a. Maximum building height within 150 feet of a R-A zone. The City Planning Commission pursuant to Resolution No. PC73-26, recommended said reclassification be disapproved and pursuant to Resolution No. PC73-27, denied Variance No. 2462. Public hearing was held March 13, 1§7~ and continued to this date to give the Applicant an opportunity to revise plans to a density equal to or less than the existing apartment project to the north and to increase parking at a ratio of two spaces per dwelling unit and to enlarge the turn-around area to ac- commodate sanitation and emergency vehicles. Mr. Roberts presented revised plans for Council review and reported the property to the north has a density of 29.8 units to the net residential acre and that said revised plans reduces the total units from 33 to 29 or a density of City Hall; Anaheim; California - COUNCIL MINUTES - A~ril 3~ 1973, 1:30 P.M. 28.97 units per net residential acre with two to one parking and a redesign of the turn-around to a "hammer head" which is satisfactory to the Street and Sanitation Department. He further reported that there will be nine single story units on Portion No. 1 (R-A) and all two-story units will be on the southerly parcel or Portion No. 2 which is presently zoned R-3 with an approved variance granting waiver of the one-story height restriction within 150 feet of the R-A parcel to the west. Mr. William S. Phelps, 1095 North Main, Orange, Agent for the Appli- cant, advised that Mr. Roberts had very thoroughly and completely explained the changes made in attempt to meet Council wishes. He thereupon offered to answer any questions. Mr. Carl Stenderup, 648 South Magnolia Avenue, owner of R-1 property adjacent to the west of subject property, addressed the Council favoring the requested zoning and use and stated that the present condition of the property was an attractive hazard to children and development will eliminate this pro- blem. Dr. Gary Grossbard, 648 Velare Street, reiterated opposition expressed at the former meeting, basically the increase of traffic in an area not designed to handle the present traffic situation thereby creating a physical hazard to the children in the area; the development would be unattractive thereby in- jurying them physcially, socially and economically. Councilman Thom recalled that Dr. Grossbard's previous objections w~re primarily based on the proposed density. Mrs. Josephine Moretti, 2500 West Keys Lane, addressed the Council in opposition and felt that the Council was really not aware of the present situation or they would not consider allowing more density than what is pre- sently there and even though the density has been lowered on the revised plans, it would make no difference. Mrs. Moretti again explained the street situation and the parking and traffic problems created by the narrow street and no sidewalks. Mr. Phelps in answer to Councilman Sneegas' question, replied that the southerly parcel presently has R-3 zoning and variance permitting 20 units which was granted under a previous action. Mayor Dutton determined sufficient evidence had been presented and thereupon declared the hearing closed. RESOLUTION NO. 73R-124: Councilman Pebley noted that in reality the request was for only nine units on the northerly portion of the property in view of the approved zoning on the southerly portion and thereupon offered Resolution No. 73R-124 for adoption, authorizing preparation of necessary ordinance changing the zone as requested,subject to the following conditions: 1. That the sidewalks and driveways shall be installed along Velare Street as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. That street lighting facilities along Velare Street shall be in- stalled as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim, the sum of 15 cents per front foot along Velare Street for street planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 6. That a six-foot masonry wall shall be constructed along the west property line. 73-268 City Hall, Anaheim~ California - COUNCIL MINUTES - A~ril 3, 1973~ 1:30 P.M. 7. That all air conditioning facilities shall be properly shielded from view and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 9. 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. 10. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 2 and 3, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 12. That Condition Nos. 1, 4, 6, 7, 8, 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 FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-28 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton Thom None The Mayor declared Resolution No. 73R-124 duly passed and adopted. RESOLUTION NO. 73R-125: Councilman Pebley offered Resolution No. 73R-125 for adoption, granting Variance No. 2462, subject to the following conditions: 1. That this variance is granted subject to the completion of Reclass- ification Nos. 72-73-28 and 63-64-142, now pending. 2. That the sidewalks and driveways shall be installed along Velare Street as required by the City Engineer and in accordance with standard plans and specification on file in the office of the City Engineer. 3. That street lighting facilities along Velare Street shall be in- stalled as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 4. That the owner(s) o~f subject property shall pay to the City of Anaheim the sum of 15 cents per front foot along Velare Street for tree planting purposes. 5. That trash storage areas shall be provided in accordance with ap- proved plans on file with the office of the Director of Public Works. 6. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department, prior to commence- ment of structural framing. 7. That a six-foot masonry wall shall be constructed along the west and south property lines. 8. That all air conditioning facilities shall be properly shielded from view and th~ sound bnff~red from adjacent properties. 9. That subject property shall be served by underground utilities. 10. 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. 11. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 12. 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, 2, 3, 4, and 5. City Hall~ Anaheim~ California - COUNCIL MINUTES - A~ril 3~ 1973~ 1:30 P.M. 13. That Condition Nos. 1, 3, and 4, above mentioned, shall be com- plied with prior to the commencement of the activity authorized under this resolution or within a period of one year from the date hereof, or such further time as the City Council may grant. 14. That Condition Nos. 2, 5, 7, 8, 9, 11, and 12, 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 VARIANCE NO. 2462. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton Thom None The Mayor declared Resolution No. 73R-125 duly passed and adopted. PUBLIC HEARING - PROPOSED AME~IR~ENT TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE: Amending Chapter 18.08, definitions - service stations and establishing service stations by conditional use permit in Chapters 18.37, C-R Zone - 18.40, C-1 Zone - 18.44, C-2 Zone - 18.48, C-3 Zone - 18.52, M-1 Zone - and adding Chapter 18.61, "criteria and development standards for service stations". The City Planning Commission pursuant to Resolution No. PC73-34, recommended adoption of said amendments. The City Clerk reported receipt of correspondence from Frank Walker of Western Oil and Gas Association setting forth certain objections to proposed amendments (said letter was duplicated and copies furnished each Councilman). Mr. Don McDaniel, Planning Supervisor, reported the Development Ser- vices Department has completed a survey and study of the number and appearance of both operating and vacant automobile service stations and as result recom- mend briefly the following: 1. Requiring a conditional use permit for all automobile service stations. This requirement would enable the City Council and City Planning Commission to exercise a greater measure of control over the location of new stations and reduce the possibility of stations being constructed in areas pre- sently adequately served. 2. Revision of the Zoning Code to provide a separate section for service stations. This would clarify requirements and up-grade standards and bring all the requirements presently in several sections of the Code into one section. 3. Pursuance of a more aggressive enforcement program including regular inspections of all service stations, operating and vacant; filing of complaints and prosecuting violators and abatement of vacant structures found in violation of the Health and Safety Code. 4. Requiring a condition in the granting of any conditional use per- mit for any new or substantial remodeling (50?° or greater), "the applicant agrees to abate the structure after a six-month period of vacancy. Mr. McDaniel reported that in the process of making the survey, it was apparent that from city to city there was a wide variation of opinion regarding the purpose of automobile service stations in the community ranging from being basically a necessary evil,and should be restricted to sale of gasoline only,to the other extreme that they should be a large attractive facility and provide a multitude of services fulfilling all the needs of the motorists as well as other citizens of the community. He reported the proposed ordinance is a com- promise between these two views and can be easily modified to reflect changes. Mr. McDaniel advised that the only change recommended by the City Planning Commission pertains to the rental of trucks and trailers. He stated the present Code prohibits the rental of trucks and the City Planning Commission 73-270 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 3, 1973~ 1:30 P.M. recommended deletion of rental of trucks in the proposed ordinance to be allowed as a waiver to the required conditional use permit under certain conditions and at certain locations. In answer to Councilman Pebley's question regarding the status of pre- sent service stations renting trucks, Mr. McDaniel replied that in his opinion a variance would be required in order to continue the activity. Councilman Stephenson stated that he felt the proposed 500 foot dis- tance between stations was discriminatory, and questioned how the 500 foot delin- eation was determined. Councilman Pebley noted the situation of a new intersection, where only two service stations would be permitted and asked how it would be determined which two of the four corners would be selected where the stations would be allowed. Councilman Sneegas called attention to another problem in the case of a new intersection, in that under these conditions service stations could be developed before the economics are there to support them. Mayor Dutton was of the opinion that in determining population ratio to service station needs, tourism should be considered and the station requirements in this City based on 12 million people rather than 183 thousand. Councilman Thom felt the City was not necessarily under built when it came to service stations and that good planning would dictate certain regulatory procedures over them. Councilman Sneegas expressed concern and read the portion of the proposed ordinance pertaining to economics versus aesthetics,and questioned how far into free enterprise should they trample in the name of government in an effort to regulate a man's business. He felt an unkept business,whether it be a service station or anything else, was reflected in its success and he personally was not anxious to regulate business to that degree. Councilman Thom agreed on the philosophical approach to the problem, but advised that realistically it was not the operator that builds the stations, it is the large oil companies whose concern is advertising exposure. Councilman Sneegas questioned how far government should go and whether the service station business should be singled out and so regulated or whether all businesses should be so regulated. Mr. McDaniel advised that he felt it was not staff nor the City Planning Commission's intent to impose undue regulations and that the difference might be in the fact that a service station is considered a single purpose use and diffi- cult to convert to any other use. Councilman Sneegas agreed that the property owners should be encouraged to eliminate a station after six months vacancy, but was reluctant to make this a governmental regulation. Further, because of the cost to the City to process a conditional use permit, he also disliked increasing this process. Mr. John Morriseau, 1138 North Paradise Street, owner of local service station, advised he was in general agreement with the proposed ordinance and stated that he and many other service station operators make a conscious effort to keep their stations orderly, clean and attractive. He reported he has been in business in Anaheim only since last November, and was £ormerly in Fullerton and when he opened his business here he complied with every requirement of the Zoning Inspector. Regarding the U-Haul equipment, he stated he was told that there was presently pending legislation to permit truck rentals and that if he held the rentals down until this legislation was in force, it would be mil-right. Mr. Morriseau reported that the difficulty is having enough service for the public, and the proposed ordinance is written to permit rental of trailers but nothing is said about trucks, and the two go together and are a valuable ser- vice to the people. He called attention to other services which they consider an occupational hazard which are not compensated for, such as "direction information." City Hall~ Anaheim, California - COUNCIL MINUTES - April 3~ 1973~ 1:30 P.M. He noted also that the ordinance was silent on who will be granted permits and that they were to assume permits will be granted them. He asked what the stan- dards would be in granting permits. Mr. Morriseau reported his main concern was the rental clause and suggested the ordinance be referred back to the City Planning Commission to be redrafted to provide for the elimination of the eyesores and still allow them to rent equipment and trucks in order to have a successful operation. Mr. Lee Collins, owner of service station at 1201 South Anaheim Boulevard, reported that his station was probably the largest volumn U-Haul dealership in the City of Anaheim and has been in existence for approximately nine years, and was in existence before he took over the station. He stated several times in the past five years because of street construction, which cut his business almost in half, and various other businesses going out, the only thing that has kept them operating has been the U-Haul business which is imper- ative for survival and without it he feared there would be one more vacant station as no one can make a living without this service. Mr. Ron Werderitsch, 2515 West Winston, Anaheim, Community Relation Representative for U-Haul Company, reported that the revenue produced by this activity in the City of Anaheim in 1972 grossed in excess of $244,000.00 of which $128,000.00 was truck rentals contributing also to the City's revenue in sales tax and business licenses. He further reported on a Chamber of Commerce meeting of service station dealers wherein it was the consensus of opinion, that that portion of the ordinance pertaining to rental activity, should be revised. Other than that it appeared that the service station owners and operators concur with the pro- posed ordinance. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. At the conclusion of discussion that followed, on motion by Councilman Stephenson, seconded by Councilman Sneegas, the proposed ordinance was referred back to staff and Planning Commission for further study and redrafting. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Edward Gulserian for amusement de- vices permit to allow eight pinball machines at 233 West Lincoln Avenue, was submitted and granted subject to provision of Chapter 3.24 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. APPLICATION - PUBLIC DANCE HALL: Application filed by David Robert Doering, for public dance hall permit to allow dancing, Monday through Sunday, from 9:00 p.m. to 1:30 a.m., at the Marquis, 1203 West Lincoln Avenue, was submitted to- gether with recommendation from the Chief of Police. Mr. Roberts advised that the Applicant proposed to have dancing in a cocktail bar, in which no food is served. He noted that this request does not fit into any of the categories set forth in the City ordinances and would therefore require conditional use permit. On motion by Councilman Sneegas, seconded by Councilman Stephenson, decision on subject application was held in abeyance, subject to processing necessary conditional use permit. MOTION CARRIED. REQUEST - WAIVER OF BUSINESS LICENSE, - PRIDE EQUALS RESPECTABILITY & EQUALITY! INC.: Request of Theodore B. Novack~ Secretary-Treasurer, Pride Equals Respectability & Equality, Inc., for waiver of the annual business license fee~ to permit the organization to raise funds through candy sales within the City Limits, was sub- mitted for City Council consideration together with reports from the City Attorney, City Treasurer, and Police Department. The City Clerk advised that application does not comply with the requirements of the Anaheim Municipal Code in that it does not mention an amount to be raised. 73-272 C. it~ Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1973, 1:30 P.M. Councilman Thom observed that many similar requests for waiver of bus- iness fees in conjunction with candy sales are made by local schools, sports and youth organizations, and although he approved granting this waiver to local groups he felt it would be difficult to justify granting such request to children from outside areas. Councilman Sneegas inquired whether the opening of an office within the City would automatically then make such an organization eligible for waiver of business license fees. Councilman Stephenson, noting that the City Treasurer recommended denial on the basis of the numerous complaints from citizens regarding this type of direct selling, moved that the request be denied. Councilman Thom seconded the motion. MOTION CARRIED. Mr. Theodore B. Novack addressed the Council and stated that the organization has submitted a financial statement together with the request. He disclosed that their headquarters are in San Diego, but that they planned to open an office in Santa Ana in approximately six months. He stated that they have been granted the privilege of no-fee selling in four Southern Cali- fornia cities and further stated that the organization is recognized as a non- profit corporation by the Federal Government and the State of California, and that the benefits derived from the candy sales go directly to the children. Councilman Sneegas inquired as to details regarding the youth program offered by this organization. Mr. Novack answered that meals are provided in connection with selling; and recreational outings are offered. He advised that there are no quotas to be made by the child, and they participate in selling as part of the program. In answer to Councilman Stephenson's question regarding whether the pro- gram is available strictly to disadvantaged children, Mr. Novack stated that by law they must allow all children interested to attend, however they do locate in culturally disadvantaged areas so as to attract primarily disadvantaged children. He further advised that he has never had any problems with any of the children or with any police department. Councilman Pebley reiterated Council position that the local citizens have expressed an increasing objection to their allowing organizations from out- side of the City to solicit when there are already so many local groups attempting to raise funds in a similar manner. Mr. Novack asked then if the Council would permit his organization to sell in business areas only, excluding any door-to-door sales. Councilman Thom noted that the local businesses are also bombarded with solicitations, and that the sheer numerical quantity of these requests would preclude Council from granting such privilege to a group from outside of the community. RECLASSIFICATION NO. 72-73-10~ VARIAN.CE NO. 2426 - EXTENSION OF TIME: Request of Jack Hanscom, Leadership Housing Systems Inc., dated March 2, 1973, for a one-year extension of time to Reclassification No. 72-73-10 and Variance No. 2426, for com- pliance with certain conditions pursuant to Resolution No. 72R-406, was submitted together with reports from the Development Services Department and City Engineer. On motion by Councilman Dutton, seconded by Councilman Sneegas, a one- year extension of time for Reclassification No. 72-73-10 and Variance No. 2426, was granted as requested, to expire March 19, 1974. To this motion~ Councilman Thom voted "no". MOTION CARRIED. ARCHITECT - BRANCH LIBRARY: Request of Mrs. Elizabeth J. Schultz, Chairman, Library Board, for authorization to begin interviews of architectural firms for a future branch library was submitted for City Council consideration. 74-3+!27~3, City Hall~ Anaheim~ California - COUNCIL MINUTES - A~ril 3, 1973, 1:30 P.M. On motion by Councilman Thom, seconded by Councilman Sneegas, the Library Board was authorized to proceed with interviews of architectural firms for the branch library project, with the City Attorney's and City Engineer's Offices to be represented at said interviews. MOTION CARRIED. ENVIRONMENTAL IMPACT STATEMENT - TUSTIN AVENUE~ CORONADO STREET~ JEFFERSON STREET INTERSECTION: Environmental impact report prepared by the Engineering Division staff for the construction of the Tustin Avenue, Coronado Street, Jefferson Street intersection, a project of the City of Anaheim, was submitted for City Council review together with analysis from the E.I.R. Review Committee recom- mending adoption. Councilman Stephenson moved that it be the finding of the City Council that there will be no substantial adverse impact and that the environmental im- pact report as submitted, for Tustin Avenue, Coronado Street, Jefferson Street intersection construction, be adopted as the Environmental Impact Statement of the Council and ordered filed with the Planning Commission. Councilman Sneegas seconded the motion. MOTION CARRIED. FINAL MAP~ TRACT NO. 7929: Developer, Anaheim Hills/Texaco Ventures Inc.; tract located on the east side of Nohl Ranch Road, south of Walnut Canyon Road; and is a 164 lot proposed R-2 zoned subdivision. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved. Bonds were posted and approved by the City Attorney on March 28, 1973, and required tract fees have been paid. On recommendation of the City Engineer, Councilman Dutton moved that the Final Map, Tract No. 7929 be approved, subject to approval of covenants, conditions and restrictions by the City Attorney. Councilman Stephenson seconded the motion. MOTION CARRIED. FINAL MAP~ TRACT NO. 7940: Developer, S & W Associates; tract located west of Lake- view Avenue, at the southerly terminus of Starling Way; containing six proposed R-1 zoned lots. Mr. Roberts reported that this tract completes an R-1 subdivision and there is a question whether the developer would be required to file an environmental impact report, request for Exemption Declaration Status has been filed. On motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding of the City Council that the impact of this project on the environment would be trivial in nature~ and no environmental impact report or statement be required. MOTION CARRIED. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, said bond has been posted and approved, and required fees paid. On recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 7940 be approved. Councilman Pebley seconded the motion. MOTION CARRIED. FINAL MAP~ TRACT NO. 7370: Developer, American National Housing; tract located east of Lakeview Avenue on McKinnon Drive; containing 41 proposed R-1 zoned lots. The City Engineer reported that said final map conforms substan- tially with the tentative map previously approved, bonds were posted and approved by the City Attorney on Mmrch 28, 1973, and required tract fees paid, and since the Santa Ama River Channel improvement is not complete, recommended approval of Final Map, Tract No. 7370 subject to receipt of a favorable flood hazard letter from the Orange County Flood Control District. City H~ll, Anaheim, California - COUNCIL MINUTES - April .3, !973, 1:30 P.M. On recommendation of the City Engineer, Councilman Pebley moved that Final Map, Tract No. 7370 be approved, subject to receipt of a favorable flood hazard letter from the Orange County Flood Control District. Councilman Sneegas seconded the motion. MOTION CARRIED. ANAHEIM BOULEVARD - HASTER STREET OVERCRQSS%NG.-..SANTA ANA FREEWAY: Submitted to Council relative to this item were fact sheets, negative declaration of environ- mental impact, schematics, and transcript of the January 31, 1973 public hearing. Mr. James Maddox, City Engineer, summarized the action taken by Council following discussion of nine various freeway off-ramp configurations presented by the State Division of Highways on January 18, 1972. The Council at that time determined that the Basic Plan was their No. 1 choice; Plan No. 1, second choice; and Plan No. IA third choice. Mr. Maddox reported that these three configurations have been developed further by the State Division of Highways and are presented once again in more complete design form for Council consideration. (Schematic drawings of these three configurations, Basic Plan, Plan No. 1, Variation No. 1, Plan No. 1, Variation No. 2 are on file in the office of the City Engineer.) Mr. Granzow demonstrated the different street and freeway ramp connec- tions as indicated on the charts posted on the wall of the Council Chamber. Councilman Thom observed that a direct ramp to Anaheim Boulevard was of particular significance to those present at the public hearing held January 31, 1973; and that Plan No. 1, Variation No. 2 was the most favored by those in attendance. He asked what the cost differential would be from the Basic Plan to Plan No. 1, Variation No. 2. Mr. Maddox advised that the cost to the City for the Basic Plan would be $650,000.00 and that Plan No. 1, Variation No. 1 would be $900,000.00, and Variation No. 2 would be $650,000.00, in addition to the cost of $650,000.00 for the Basic Plan. Councilman Sneegas asked if the Basic Plan provided a traveler direct access to Anaheim Boulevard from the freeway. Mr. Maddox replied that the Basic Plan would provide a loop, very similar to the normal loop plan for exiting from a freeway onto a local street. At the request of Councilman Stephenson, Mr. Granzow again demonstrated the differences in the Basic Plan and Plan No. 1, Variation No. 2; which indi- cates that with either of the variations, there would be three ways to reach Anaheim Boulevard, and with the Basic Plan there would be two ways. Councilman Sneegas inquired whether Plan No. 1, Variation No. 2 would necessitate additional right of way on Anaheim Boulevard. Mr. Maddox answered that both Variation Nos. 1 and 2 require additional rights-of-way on the northern side of the freeway; however Variation No. 1 requires a greater amount which is the reason for the difference in costs. In answer to Councilman Sneegas, Mr. Wallace Knutsen, Senior Design Engineer, State Division of Highways, advised that the right-of-way required with Variation Nos. 1 and 2 would affect and require relocation of six or seven busi- nesses, and the Basic Plan would not affect any existing structures. Mr. Knutsen further indicated, in reply to Councilman Pebley, that some of the businesses affected would be opposed to relocation and others have stated their position would depend on the outcome of negotiations with the State of California re- garding the fair market value for their property. Councilman Sneegas was of the opinion that all the plans presented utilized more land than necessary on the south side of the freeway; and asked whether some of the right-of-way could be decreased in order to offset the cost should Plan No. 1, Variation No. 1 be instituted. Mr. Wallace Knutsen advised that one of the reasons for the large take on the south side is to improve the existing ramps, which are presently inadequate, noting that when an interconnection is reconstructed every effort be made to bring it up to standard. The property owners who would be affected by the right-of-way City Hail, Anaheim, Cal£fQ~ - COUNCIL MINUTES - 8pr~% 3, 1973, .1:.30 P.M. required on the south side of the freeway, and as a result, the realignment of Freedman Way, have been contacted and none are in opposition, their primary concern being that some modification be initiated as soon as possible. Mr. Clarence McNees, 1752 South Haster, presented his plan for the Anaheim Boulevard - Haster Street overcrossing of the Santa Ana Freeway, which he felt would save the City and State a considerable sum of money. Said plan together with a model of the overcrossing was posted on the wall of the Council Chamber and explained. Mr. M~Nees stated that the present situation is intolerable and in view of the increased traffic demands placed on this freeway exit caused by the Stadium and Convention Center, the inter- change should be modified as soon as possible. At Council's request, Mr. Knutsen gave an evaluation of Mr. McNees' freeway overcrossing design. He stated that some of the configurations on the plan would be impossible to construct, and that a sequence of curves to the left and then right, as shown, would be very dangerous. He estimated it would cost as much or more to construct the configuration designed by Mr. McNees as it would to construct the State Highway Division plans. He re- ported that the plan has disregarded highway design criteria and standards, such as steepness of grades, curvatures, etc., and would be totally unaccep- table to the State Division of Highways. Mr. Murray Weisberg, 558 South Anaheim Boulevard, noted that the Santa Ana Freeway as it presently exists, divides the City of Anaheim in two, and diverts traffic from the downtown-Anaheim Boulevard area. He stated that a direct off-ramp from the freeway onto Anaheim Boulevard would stimulate business for the downtown area, and urged the Council to initiate this construction activity as soon as possible in order to alleviate the existing situation. Councilman Sneegas inquired whether the Basic Plan, allowing north and south traffic to Anaheim Boulevard, would solve the problems referred to by Mr. Weisberg because the question is whether an off-ramp from the Katella underpass directly onto Anaheim Boulevard would be worth the additional $650,000.00 which it would cost, or whether the loop provided under the Basic Plan would serve the same purpose. Mr. Weisberg suggested that the State re-open the former Katella exit, and utilize this as part of the new system, since he felt this might same some money. Councilman Sneegas noted that the former off-ramp at Katella Avenue was closed because of the high accident rate. Mr. Weisberg further contended that many of the downtown area businessmen feel as he does, and there would be a greater attendance if this meeting had been held in the evening. Mr. Bob Svitak, representing McPeek Chrysler Plymouth, Anaheim, reported that the freeway situation has affected their business considerably. He concurred with Mr. Weisberg in urging that an off-ramp with direct access to Anaheim Boulevard be constructed in the Katella-Haster overcrossing con- figuration. He further stated that all of the automobile dealers on Anaheim Boulevard were of the same opinion. Mrs. Lloyd A. Burrows, 956 South Anaheim Boulevard, stated that she has spoken to many property owners in the affected area, and they all feel that an off-ramp from the Santa Aha Freeway onto Anaheim Boulevard should be constructed. She referred to an area of natural incline where it would appear that an of~ramp from the freeway onto Anaheim Boulevard would be possible and she contended this should not cost as much as $650,000.00. She also stated that when the former ramp was closed, a great deal of business for the down- town area was destroyed. Mrs. Burrows urged that this situation be reversed by either re-opening the old ramp or providing a new one in connection with the new construction. She commented that the City will be required to pay a portion of the cost for this project, and if it is necessary to put forth an additional sum beyond that anticipated in order to rectify the existing traffic situation, it would be justifiable. 73- 276 ~ity Hall, Anaheim, California - COUNCIL MINUTES -.April .3, 1973, .~:30 P.M. Mr. McNees again contended that his plan would satisfy the request made by Mrs. Burrows. Councilman Sneegas asked the City Engineer if the plans submitted could be modified at all to provide an off-ramp onto Anaheim Boulevard in the area of Orangewood Avenue, since there is more unimproved property in that area which might not be as costly. Mr. Knutsen answered this would not be possible because this is a frontage road and is too close to the freeway. Councilman Sneegas thereupon stated that in order to accomplish the objectives of north and south traffic from Katella and Haster onto Anaheim Boulevard and from the freeway onto Anaheim Boulevard, Plan No. 1, Variation No. 2 would be the configuration of choice. Councilman Dutton observed that the original $650,000.00 required for the Basic Plan is likely to be a financial problem for the City and that Variation No. 2 would cost double that amount. He cautioned that if the Council commits itself to either of these plans, the money must be available when the State makes a demand for it. Councilman Thom stated he would like to see this project accelerated rather than deferred to 1976 or later. Mr. Maddox brought to Council's attention that the inflation factor has been about five to six percent per year and these estimated costs presented are last year's figures, so that they could very likely be increased twenty- five to thirty percent by 1977 or 1978. Councilman Thom reiterated that he would like to see a concerted effort to have the project itself accelerated and to provide the direct off- ramp, stating that Plan No. 1, Variation No. 2 appears to him to be the only method for providing this. In answer to Councilmam Stephenson's question regarding whether or not the project could be accelerated within the State's schedule, Mr. Knutsen answered that unless the project becomes a higher priority than it now holds, 1977 would be the earliest date he could foresee the start of construction. Mr. Robert Davis advised that the additional costs of the Plan No. 1, Variation No. 2 proposal, if it is to be taken from gas tax funds alone, would have an impact, based on current year's operation, of using more than the total gas tax funds available for eligible projects within the entire City. An addi- tional potential source of funds which might be explored, according to Mr. Davis, would be through A.H.F.P. funds from the County. He stated he doubted however that they would participate to the amount of $650,000.00 since these funds must be spread throughout the County on the basis of priorities but that partial funding may be possible. The City Council indicated they would like this avenue of financing the project explored. Mr. Davis further pointed out that there is a direct correlation between the acceleration of the project and increased difficulty in funding, whereas if the cost is spread over two or three years, a portion of gas tax funds may be set aside for this type of a program each year. Mr. A1 Jacobs, Globe Properties, Beverly Hills, California, Property Manager for Mr. Shane, expressed concern that this project had a higher priority at one time in the past, and asked whether or not the higher priority could be regained by applying to the State on that basis. The Council indicated that political pressures, as well as local difficulties, would have an affect on priority established by the State. City Hall, A~.a~im, California - COUNCIL MIN~..TE~ - April 3, .19Z3, 1:30 P.M. Councilman Dutton moved that Plan No. 1, Variation No. 2, be designated as the first choice of the Council, contingent upon the ability to fund, and the Basic Plan be designated second choice. Councilman Thom seconded the motion. MOTION CARRIED. RECESS: Councilman Dutton moved for a ten minute recess. Councilman Sneegas seconded the motion. MOTION CARRIED. (4:15 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4:25 P.M.) ORANGE COUNTY USE PERMIT NO...~3~7: Mr. Roberts reported that proposal to establish commercial horse stables on property located east of State College Boulevard, south of Winston Road, on County property was approved by the Orange County Board of Supervisors, March 28, 1973, for a five-year period, thereby sustaining the action of the Zoning Administrator. A total of 16 conditions were imposed on the property. Significant of these were that a maximum of 200 horses would be permitted and the horses would be restricted from exiting the property onto Winston Road; they would be re- quired to utilize an exit on the southerly portion of the property. RESOLUTION NO. 73R-126 - WORK ORDER NO. 1244: Councilman Dutton offered Resolu- tion No. 73R-126 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 SEWER IMPROVEMENT FROM APPROXIMATELY 245 FEET SOUTH OF TO APPROXIMATELY 500 FEET SOUTH OF VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1244. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - April 26, 1973, 2:00 P.M.) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-126 duly passed and adopted. RESOLUTION NO, 73R-127 - WORK ORDER NO. 676-A: Councilman Pebley offered Reso- lution No. 73R-127 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA}{EIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEI~NT OF CONVENTION WAY AND WEST STREET IN THE CITY OF ANAHEIM, WORK ORDER NO. 676-A. APPROV' ING 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 AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - April 26, 1973, 2:00 P.M.) City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1973, 1:30 ~,.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-127 duly passed and adopted. RESOLUTION NO, 73R-128 - WORK ORDEI~..NQ,..322-.~97: Upon receipt of certification from Fire Chief, James W. Riley, Councilman Stephenson offered resolution No. 73R-128 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCILOF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL LABOR, SERVICES AND EQUIPMENT NECESSARY TO COMPLETE THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, ACCOUNT NO. 323-297. (Harold Watts) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-128 duly passed and adopted. RESOLUTION NO, 73R-129 - DEED OF EASEMENT: Councilman Pebley offered Resolution No. 73R-129 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION. (Orange County Water District) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-129 duly passed and adopted. RESOLUTION NO. 73R-130 - PURCHASE OF ~ROPERTY - BOSWELL: Councilman P%bley offered Resolution No. 73R-130 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE PAYMENT TO THOMAS H. BOSWELL, ET UX., IN ACCORDANCE WITH RIGHT OF WAY AGREEMENT. (North side of Ball Road, East of Brookhurst - $12oo.oo) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-130 duly passed and adopted. 7 3-~ 7_9 City Hall, Anaheim~ California - COUNCIL MINUTES - April 3, 1973~ 1:30 P.M. CANCELLATION OF COUNTY TAXES: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for municipal purposes, pursuant to Resolution No. 73R-97, formerly assessed to Texaco Ven- tures, Inc., and Anaheim Hills Inc., recorded as Document No. 13740, in Book No. 10596 at Page No. 441, Official Records of Orange County, California. MOTION CARRIED. PURCHASE OF EQUIPMENT - PLAY ~qUIPMENT: The Assistant City Manager reported on the recommended purchase of play equipment for Ponderosa Park and advised that one manufacturer, Big Toys, has submitted a quotation for said equipment in the amount of $4,489.54, including tax. He thereupon recommended purchase be auth- orized. On motion by Councilman Thom, seconded by Councilman Stephenson, pur- chase was authorized in the amount of $4,489.54, including tax, as recommended by the Assistant City Manager. MOTION CARRIED. PURCHASE OF EQUIPMENT - 69KV ~LUMINUM CABLE: The Assistant City Manager reported on informal bids received for the purchase of 4800 ft. of 69 kv aluminum cable for the Electrical Division as follows, and advised that due to an earlier delivery date, it has been recommended by the Electrical Superintendent that the bid of General Cable Corporation be accepted. VENDOR TOTAL AMT.; INCLUDING TAX DELIVERY TIME General Cable Corp., Los Angeles - - - Okonite Cable, Los Angeles ...... General Elect. Supply Co., Anaheim - - E. L. Steensen Assoc., La Mirada - - - - - $39,150.00 ..... 6 weeks - - 37,044.00 ..... 20 weeks - - 39,521.76 ..... 24 weeks - - 38,418.00 .... 24 weeks On motion by Councilman Stephenson, seconded by Councilman Dutton, the bid of General Cable Corporation was accepted as the best qualified bid and purchase authorized in the amount of $39,150.00, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - DUCTILE CAST IRON PIPE: The Assistant City Manager reported on informal bids received for the purchase of Ductile Cast Iron Pipe as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX Pacific States Cast Iron Pipe, Los Angeles ..... $35,963.30 U.S. Pipe & Foundry, Los Angeles .......... 37,254.50 On motion by Councilman Dutton, seconded by Councilman Sneegas, the low bid of Pacific States Cast Iron Pipe, was accepted and purchase authorized in the amount of $35,963.30, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - APPR9VAL OF ADDITIONAL COST - FOUR MOWERS: The Assistant City Manager reported that the prices quoted for the purchase of four mowers from B. Hayman Company in the amount of $4,113.00, including tax, approved at the March 13, 1973 meeting, were incorrect in that the cost figures used in the computation was a 1972 quotation and now obsolete. Addi- tionally, sales tax was not included in this figure. The correct purchase price, considering the same trade-in credit, is $4,761.20 including sales tax; this figure is $648.20 over the previously authorized amount. On motion by Councilman Stephenson, seconded by Councilman Thom, the purchase of four mowers from B. Hay-man Company at a corrected price of $4,761.20 was approved. MOTION CARRIED. CLAIM AGAINST THE CITY: Claim filed by Mr. John M. Conley, for personal property damages purportedly as a result of a large hole in the road,(road work unmarked,) on or about March 25, 1973, was denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. 7 3-280 City Hall~ Anaheim? California - COUNCIL MINUTES - April 3~ 1973~ 1:30 P.M. RESOLUTION NO. 73R-131 - LICENSE AGREEMENT - CALIFORNIA EDISON COMPANY - PARK PURPOSES: Councilman Stephenson offered Resolution No. 73R-131 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF THE RENEWAL OF A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR PARK PURPOSES. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-131 duly passed and adopted. RESOLUTION NO. 73R-132 - AGREEMENT - TRAFFIC SIGNALS; GILBERT AND CERRITOS STREETS: Councilman Sneegas offered Resolution No. 73R-132 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE RELATIVE TO INSTALL- ATION OF TRAFFIC SIGNALS AT GILBERT AND CERRITOS STREETS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-132 for adoption. RESOLUTION NO. 73R-133 - AGREEMENT - STATE OF CALIFORNIA - LANDSCAPING; ROUTE 5: Councilman Dutton offered Resolution No. 73R-133 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE STATE OF CALIFORNIA RELATING TO LANDSCAPING OF THE ROUTE 5 FREEWAY (Katella Avenue Overcrossing). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-133 duly passed and adopted. RESOLUTION NO. 73R-134 - PURCHASE OF EASEMENT AND FEE PARCEL - STATE OF CALIFORNIA: Councilman Stephenson offered Resolution No. 73R-134 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF A LETTER AGREEMENT RELATIVE TO PURCHASE OF AN EASEMENT AND A FEE PARCEL FROM THE STATE OF CALIFORNIA (Riverside Freeway W/o Imperial). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-134 duly passed and adopted. 73T~2~B~ ~L ~ 7 City Hall~ Anaheim~ California COUNCIL MINUTES - A~ril 3~ 1973~ 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Dutton: a. City of Huntington Beach - Resolution No. 3657 - Supporting Legislation establishing a State lottery for the benefit of public education. b. Assemblyman Floyd L. Wakefield - Urging Council support of AJR 1 and SJR 12. c. Community Redevelopment Commission - Minutes - March 14, 1973. d. Anaheim Library Board - Minutes - February 20, 1973. e. Financial and Operating Reports for the Month of February, 1973, Engineering Division. MOTION CARRIED. ORDINANCE NO. 3149: Councilman Thom offered Ordinance No. 3149 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-28 - M-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3149 duly passed and adopted. ORDINANCE NO. 3150: Councilman Sneegas offered Ordinance No. 3150 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-14 - C-H) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3150 duly passed and adopted. ORDINANCE NO. 3151: Councilman Stephenson offered Ordinance No. 3151 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-17 - R-2) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3151 duly passed and adopted. ORDINANCE NO. 3152: Councilman Thom offered Ordinance No. 3152 for adoption. Refer to Ordinance Book. 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) Roll Call Vote: City Hall, Anaheim? California - COUNCIL MINUTES - April 3~ 1973~ 1:30 P.M. AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3152 duly passed and adopted. ORDINANCE NO. 3153: Councilman Stephenson offered Ordinance No. 3153 for adoption. Refer to Ordinance Book. 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) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3153 duly passed and adopted. ORDINANCE NO. 3154: Councilman Sneegas offered Ordinance No. 3154 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.18, SECTION 18.18.025, OF THE ANAHEIMiMUNICIPAL CODE. (Beekeeping - conditional uses) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3154 duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Lother K. Block for on-sale beer for 2880 East Miraloma was conditionally protested on the basis of zoning on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. AMERICAN CANCER SOCIETY BIKE-A-THON; APRIL 7~ 1973: (Continued from March 27, 1973 for further recommendation from the Police Department as to whether or not the event can be conducted with sufficient controls.) Request of Mr. Diaz, American Cancer Society to conduct a bike-a-thon on April 7, 1973 was submitted together with additional recommendation from the Chief of Police regarding bike-a-thons, walk-a-thons and marathons, in which he indicates that the Police Department will cooperate in planning this event and would anticipate no problems. On motion by Councilman Pebley, seconded by Councilman Dutton, the City Council approved the request of the American Cancer Society to conduct a bike-a- thon along a certain route within the City Limits, subject to final arrangements being made with the Police Department. MOTION CARRIED. Regarding discussion held previously on establishment of a policy on walk-a-thons, and etc., Mr. Alan Watts reported that the present parade ordinance provide~ for permit~ to conduct such to be approved by the City Council and by policy are actually approved by the Chief of Police, but that this section of the Code sets forth no standards or criteria on which the Chief of Police can base his decision, and is silent even on the subject of whether or not bonds can be required of parade sponsors. In this connection, Mr. Watts advised that a revision of the parade ordinance was prepared sometime ago and perhaps this draft should be reviewed by Council in an attempt to modernize the existing ordinance. According to Mr. Watts, the tenor of the United States Supreme Court, is that while an official cannot be invested with the ability to grant these per- mits on the basis of feelings toward the sponsoring organization, reasonable 73 ~2~83- L ~, City Hall~ Anaheim~ California - COUNCIL MINUTES - April 3~ 1973~ 1:30 P.M. conditions and standards can be imposed upon policing the parade and establish- ing the route it will take. Councilman Pebley inquired whether the City could be held liable for damages sustained by private property owners as a result of such walk-a-thon or bike-a-thon events, in that the Council has granted permission for the act- ivity. Mr. Watts was of the opinion that the liability in such a case would fall upon the parade sponsor. Councilman Sneegas felt it may be imparative to limit the size of the group permitted to participate. HEALTH AND WELFARE TRUST FUND INCREASE - LOCAL NO. 399: Mr. Garry McRae reported on modification in the agreement with Local No. 399, Building Services, re- garding an increase in the Health and Welfare Trust Fund. He advised that according to the 1971 Memorandum of Understanding agreement, after February 20, 1972, payment to the Health and Welfare Trust Fund would be increased from $17.70 to an amount set by the Trustees, but not to exceed $20.00 per month. This January, the Trustees notified the City that the rate had gone up to $26.00 and this amount has been negotiated for the past three months. As a result of these deliberations, Mr. McRae recommended that the City Council approve an increase to $20.00 per month, in the Health and Welfare contribution for people who worked more than 80 hours in certain classifications at the Sta- dium and Convention Center and are covered with the agreement with Local No. 399 beginning January 1, 1973. On recommendation of the Personnal Director, it was moved by Councilman Pebley, seconded by Councilman Sneegas that the City Council authorize the in- crease in monthly contributions to the Health and Welfare Trust Fund, Building Services, from $17.70 to $20.00 for those employees as designated above, be- ginning January 1, 1973. MOTION CARRIED. LEASE OF EQUIPMENT - CONVENTION CENTER EXPANSION: Mr. M. R. Ringer, Finance Dir- ector, presented a proposal to finance equipment needed for the Convention Center expansion together with a sample "lease-option agreement", prepared by the City Attorney's Office. Mr. Ringer advised that the facility has been reported to be 35% com- plete and the miscellaneous kitchen equipment needed for this expansion will cost approximately $350,000. In connection with financing of this equipment, and with Council's concurrence, he proposes to negotiate with banking institu- tions to enter a lease-option agreement whereby the City would lease said equipment at an interest rate between 5 and 5½%, for a term of seven to eight years. At the end of this period, the City would acquire the equipment for one dollar. Mr. Ringer advised that this would be a less expensive method to fin- ance said equipment than the bond financing utilized for the expansion construc- tion, which was 5.7% interest. Mr. Ringer noted that the prime interest rate is now at 6½% and a private restaurant owner would have to pay between 9 to 12% for such a lease; the City is able to obtain a favorable interest rate be- cause of the Federal Tax Exemption. Mr. Ringer further stated that the lease would not be entered until three to six months from now when the equipment is actually delivered, but that he would proceed with negotiations immediately. On motion by Councilman Pebley, seconded by Councilman Stephenson, the Finance Director was authorized to proceed with negotiations to enter a lease-option agreement with a banking firm for the lease of portable equipment to be used in the Convention Center expansion. MOTION CARRIED. STATUS OF ROYAL INNS ACCOUNT: Mr. M. R. Ringer reported that the City has received payment in the amount of $13,332.00, which is the minimum rent for two months from this tenant. In addition a payment in the amount of $13,640.20 was re- ceived prior to the March 27, 1973 meeting at which this account was discussed, but was not known to Mr. Ringer at that time. 73-284 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 3, 1973~ 1:30 P.M. Mr. Ringer further advised that the sum of $18,000.00, which the City Council authorized be refunded to Royal Inns on November 7, 1972, was not actually refunded, but applied as a credit to offset amounts due the City at that time. Mr. Ringer advised that Royal Inns currently owes the City for percent- age override on this lease for the months of November, December, January, February and March and they owe the minimum rent for the last two months, February and March. WAIVER OF BUSINESS LICENSE FEE - WESTERN HIGH SCHOOL: Request of Mr. Charles F. Costello, Activities Director, Western High School, dated March 26, 1973, was submitted for waiver of required business licensing fee in connection with the Third Annual Country Fair to be held April 13, 14, and 15, 1973 together with reports and recommendations from the City Attorney and the City License Division. On motion by Councilman Stephenson, seconded by Councilman Dutton, said request was granted, in accordance with Council Policy No. 305. MOTION CARRIED. REORGANIZATION OF THE CITY COUNCIL: By general Council consent, it was determined that reorganization of the City Council would be conducted on April 10, 1973 rather than April 17, 1973 for purposes of having a full Council. ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 5:05 P.M. Signedl~ ~ ~~ City Clerk (i~,: ~z~ti, Anaheim~ California - COUNCIL MINUTES - A~ril 10, 1973, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESEMT: ABSENT: }:RESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust DEPUTY CITY CLERK: Alona M. Farrens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts City Clerk Dene M. Daoust called the meeting to order. INVOCATION: Reverend Lowell Linden of the First Congregational Church gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. C©UNCIL REORGANIZATION: The City Clerk announced that this was the date, time and place agreed upon for the reorganization of the Council and that nomin- ations were open for the office of Mayor of the City of Anaheim. Councilman Thom requested his abstention from this proceeding and the ultimate vote be recorded. In explanation, he advised that his feelings on this matter are well known; he has abstained in the past years as he