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1973/04/17~73-305 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 10~ 1973, 1:30 P.M. POLICY REGARDING INVOCATION: Councilman Thom moved that the City Council establish a policy whereby the prayer of Invocation given at the beginning of each Council meeting be spread in full upon the Minutes. He referred to the fact that the only time he has seen the Invocation in full upon the Minutes was for the Ad- journed Regular Meeting of February 22, 1973, which was held at the Covenant Presbyterian Church and that he felt these prayers are inspiring and that since they are a part of the meeting should be included in the Minutes in entirety. Councilman Dutton was of the opinion that although the Invocations are an important and a regular part of the meeting, since some of the prayers are quite lengthy, inclusion of these in full in the Minutes-would create a great deal of additional paper work. He felt it would be sufficient to continue as we have, and have the Invocation recited by a Minister. He noted that the occasion that Councilman Thom referred to was unique in that it was the first prayer given in the newly organized Covenant Presbyterian Church. Councilman Sneegas stated that despite the fact that he personally would very much like to see the Invocation spread in full upon the Minutes, he could not second the motion since he felt the City is already overburdened with paper work. There being no second to said motion, Mayor Dutton declared the motion dead for a lack of a second. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:20 P.M. City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - April 17~ 1973~~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton COUNCILMEN: Pebley CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAflER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: John H. Dawson CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Dutton and unani- mously approved by the City Council: "Medical Assistant Week" - May 13 through 20, 1973. MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 27, 1973, were approved on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. 73-306 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 17, 1973, 1:30 P.M. 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. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $382,706.84, in accordance with the 1972-73 Budget, were approved. PUBLIC HEARING - ABANDONMENT NO. 72-9A: In accordance with application filed by Mr. L. R. Couts, Lear Siegler Incorporated, 714 North Brookhurst Street, public hear- ing was held on proposed abandonment of a portion of a existing public utility easement located east of Brookhurst Street, north of Crescent Avenue, pursuant to Resolution No. 73R-120 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of abandonment request subject to the condition that the Applicant will bear the cost of any removal, relocation or revision to existing City of Anaheim utilities and Pacific Telephone Company facilities. Mayor Dutton asked if the Applicant were present and satisfied with the recommendation of the City Engineer, to which he received an affirmative reply. Mayor Dutton then asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-150: Councilman Stephenson offered Resolution No. 73R-150 for adoption, approving Abandonment No. 72-9A, subject to the condition as recom- mended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (72-9A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Resolution No. 73R-150 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1248 - EXTENSION OF TIME: Request of Mr. Nicholas p. Barletta, National Sierra Pictures Corporation, dated March 8, 1973, for a six- month extension of time to Conditional Use Permit No. 1248 to complete required conditions of approval was submitted together with reports of the City Engineer and Development Services Department recommending a one-year extension be granted. City Manager Keith Murdoch reported that dedication of the required right-of-way on the La Palma Avenue frontage has not been made by the Applicant to date. On motion by Councilman Stephenson, seconded by Councilman Sneegas, a one-year extension of time for Conditional Use Permit No. 1248 was granted, to expire April 19, 1974, subject to Applicant making the necessary dedication of the La Palma Avenue frontage within 30 days. MOTION CARRIED. REQUEST - RECLASSIFICATION NO. 72-73-29: Request of Mr. Arthur H. Shipkey, Palmall Properties, Inc., for waiver of Condition No. 1 of Resolution No. 73R-42 was sub- mitted together with reports of the City Engineer and Development Services Depart- ment, recommending denial of said request. The City Engineer recommended specifically that the waiver of requirement for dedication of 32 feet of right-of-way for street widening purposes on Palm Street be denied and if the Council approves, that the City initiate proceedings to abandon the westerly right-of-way on Palm Street and convert the street to a one-way northbound street. A sketch showing the proposal for conversion of Palm Street to a one-way northbound street was also submitted by the City Engineer. City Hall, Anaheim~ California - COUNCIL MINUTES - April 17, 1973, 1:30 P.M. Mr. Maddox further explained that the recommendation for denial was made on the basis of present standards for a two-way street which would require 32 feet from the centerline on both sides. Further the City Engineer reported that the proposal to convert Palm Street would require less right-of- way however it is not known at the present time whether the property owners on the east side of the street would be in favor of an off-set dedication; whether the street should be symmetrically reduced from the centerline; or off-set to the east as it is now. He explained that the plans were drawn in order to take advantage of the existing curbs on the west side of Palm Street. Therefore, the City Engineer recommended that proceedings be initiated to abandon 4.75 feet on the west side of Palm Street but that the requirement for dedication of right-of-way be retained. The City Council indicated interest in plans to convert Palm Street to a one-way northbound street. Mr. Arthur Shipkey, 420 West Lincoln Avenue, stated that the request for waiver of Condition No. 1 was made in order to facilitate the rezoning action under Reclassification No. 72-73-29. He further noted that should the City require this dedication on the west side of Palm Street, it might be ob- tained at such future time as a building permit is requested. Councilman Dutton observed that this would not be satisfactory as- surance that the City will have the right-of-way required. Councilman Thom noting that the traffic situation created by two-way traffic on Palm Street is hazardous, stating he concurred with conversion to a one-way street and further felt that the Applicant should not be required to make the dedication until the City Engineer ascertains whether or not it will be necessary. Mr. Shipkey ad¥ised that there are no imminent plans which are con- tingent upon the requested waiver and that he would be satisfied if the matter was held in abeyance until the public hearing and related proceedings on con- version to a one-way street are completed. Mr. Maddox indicated that the Palm Street right-of-way now consists of 56.75 feet whereas a one-way street would require only 52 feet total, there- fore he would propose that the City abandon 4.75 feet on the west side. It was further noted that additional right-of-way will be required on the east side of Harbor Boulevard on the opposite side of subject triangular parcel of land. Mr. Geisler expressed his opinion that it would be advisable for the City to retain the 4.75 feet in question, incorporating this into a wider park- way if necessary, rather than abandon it. He noted that this approach would preclude the necessity of acquiring additional right-of-way at a higher cost, should it be required in the future. Mr. Edwin E. Kettler. owner of subject property, 501 West Ball Road, advised Council that he has already dedicated 23 feet of frontage along subject property on Ball Road. The Council indicated that they felt that the additional width where not required on Palm Street, perhaps could be applied to the Harbor Boulevard frontase~ shiftin8 the entire property boundaries in an easterly direction. By general Council consent, no action was taken on the requested waiver of Con- dition No. 1 of Resolution No. 73R-42, and the initiation of proceedings to convert Palm Street to a one-way northbound street was held in abeyance. subject to negotiations between the property owners and the City Engineer in an attempt to arrive at a mutually ~greeable position insofar as the dedication of property for right-of-way on Harbor Boulevard and Palm Street is concerned. RECLASSIFICATION NO. 70-71-40 - REQUEST REGARDING CONDITION NOS. 3 AND 9B: Request of Mr. James L. Barisic, Anaheim Hills, Inc., for waiver of Condition Nos. 3 and 9B of Resolution No. 71R-214 was submitted together with reports and recom- mendations from the City Engineer and Development Services Department. 73-308 Cites Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1973~ 1:30 P.M. The City Engineer recommends that Condition No. 3 be waived subject to the requirement that an equal number of trees be planted on private property at a minimum horizontal distance of seven feet from the street right-of-way. Development Services Department recommends: 1. That Condition No. 3 (street tree fees) be waived subject to approval of an encroachment permit or agreement providing for landscaping and landscaped maintenance within the drainage easement; and also subject to land- scaping developed in substantial conformance with submitted plans. 2. That Condition No. 9b (30-inch wall or berm) be amended to allow for shorter lengths of such walls with integrated signing so as to comply with the intent of Condition No. 9b and Condition No. 9g and also the intent of the previously considered Commercial Hillside and Scenic Corridor Zones. The Mayor asked if the Applicant or his Agent were present and satis- fied with the recommendations presented. Mr. Dick Doyle, representing Anaheim Hills, Inc., addressed the Council and using a colored rendering of the proposed shopping center plan demonstrated that the original requirement for 30-inch wall or berm (Condition No. 9b) which would be located along one frontage which is already ten feet above street level, would create a prison-like affect whereas they would prefer to have a sight line from this proposed shopping center so that the intersection and racket club beyond would be visable. Councilman Sneegas asked specifically what had been planned in regard to the shorter lengths of walls and integrated signing. Mr. Doyle introduced Mr. Dick Kellogg, one of the project architects for the shopping center, who stated that their concern in this request was that the additional two and one-half foot above an existing eight-foot elevation ~eould not accomplish the intent of the 30-inch berm requirement and would detract from the positive aesthetic aspects of the site. He agreed with the idea of limited masonry walls with integrated signing to be located behind the setback and stated these could be worked into the overall plan. He requested more explicit informa- tion regarding the limit extent of the masonry walls recommended. Mr. Roberts stated that based on the grading which has been done and is proposed, it appears the need for the block wall or berm around the entire shop- ping center is no longer present. He advised that the 30-inch wall height would apply only to those areas for which monument signs are proposed and this will conform with C-H Zone standards. The sign proposed for the intersection of Anaheim Hills and Nohl Ranch Road would be on property over which the City of Anaheim has a drainage easement and it is for this reason that encroachment permit is required, whereas the same masonry wall and integrated sign treatment could be utilized. Mr. Kellogg indicated that these recommendations would be acceptable and proceeded to describe the site plan for ~J~e development utilizing a colored rendering. He indicated that the proposed development is planned in.two phases. The first phase to incorporate a pavilion building, which will contain country market-type stores located towards the front of the site. Schematic allevia- tions for the total center were also indicated, with the major tenants located towards the back of the sitew~h service driveways to the rear of these. Mr. Kellogg reported that a major market, drug store, variety store, bank and shop buildings are planned in the second phase. The service station site is a reversed plan whereby th~ land~caped ar~awould he to the outside and the pump islands facing the inside of the site. He displayed samples of the types of materials and color schemes planned for the exterior of the buildings, and outlined the landscaping plans. Mr. Roberts commented that concerns have been expressed by Streets.and Sanitation Division relative to the trash storage areas planned to be located in between the buildings, whereas they would prefer to have them adjacent to the driveways. In addition they are concerned about the degree of slope of the de- pressed ramp area which the trash trucks would use to gain access to the service driveway. ~3,3o9 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1973, 1:30 P.M. Mr. Kellogg stated that he was certain a more accessable location could be developed for the trash containers, perhaps moving these to the rear and housing them in an enclosure. He advised that the depressed area will be seven percent ramps which is the maximum that the major tenants would permit due to the fact that they will have large semi-trailer trucks making deliveries. The driveway will be 20-foot wide, he reported, and will accommodate two lanes of traffic. RESOLUTION NO. 73R-151: Councilman Sneegas offered Resolution No. 73R-151 for adoption, amending Condition Nos. 3 and 9b of Resolution No. 71R-214 to read as follows: 3. That in lieu of payment of the normally required street tree planting fee, the owner(s) of subject property shall plant at least the equi- valent number of trees on his private property at a minimum horizontal distance of 7 feet from the abutting street right-of-way. Said trees shall also be planted in the drainage easement area (excepting in the channel itself) along Nohl Ranch Road along with other appropriate landscaping, and the owner(s) of subject property shall submit to the City Attorney an agreement to maintain all landscaping within said drainage easement. 9b. That minimum 30-inch high decorative masonry walls shall be con- structed behind the required setback at the entry drives from abutting public streets; provided that an encroachment permit shall first be obtained to permit any such walls with the drainage easement along Nohl Ranch Road. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R-214 IN RECLASSIFICATION NO. 70-71-40 BY AMEND- ING CERTAIN CONDITIONS THEREIN. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Resolution No. 73R-151 duly passed and adopted. On motion by Councilman Sneegas, seconded by Councilman Stephenson, the specific site plan of development for the shopping center as presented by Mr. Kellogg was approved, subject to relocation of trash storage containers, and ramps to be approved by the Sanitation Division. MOTION CARRIED. REQUEST - TEMPORARY FREEWAY CONSTRUCTION OFFICE AND STORAGE YARD - YAEGER CONSTRUC- TION COMPANY: Request of the Yaeger Construction Company to establish a temporary (18-20 months) heavy equipment storage yard and office at the southwest corner of Rio Vista Street and Lincoln Avenue, adjacent to the State freeway right-of- way, to be used during construction of the Orange Freeway (State Route 57) was submitted together with excerpt from the Minutes of the City Planning Commission held April 16, 1973, and report from the Development Services Department. Mr. Roberts reported that in connection with the request, the Appli- cant proposes to construct a six-foot high chain-link fence with screening on the fences adjacent to Rio Vista and Lincoln Avenue and with gates proposed on Lincoln Avenue and for access to the freeway right-of-way. Mr. Roberts further n0t~d that th~ Applicant has also requested the use o£ City-owned pro- perty located south of Lincoln Avenue adjacent to the Santa Aha River (Five Coves site) for purpose% of storing "rolling stock" at night and on weekends. The Zoning Supervisor advised that the Planning Comanission interpreted these requested uses as meeting the intent of Section 18.04.020(5) of the Anaheim Municipal Code. City Attorney Joseph Geisler stated that this interpretation permits the use of any piece of property, whether in conjunction with construction or 73-310 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 17, 1973, 1:30 P.M. not, within the City of Anaheim to be used as a storage yard. He recommended if Council intends to permit such uses that it be allowed by variance procedure. Councilman Sneegas stated he was concerned that the maintenance and servicing of this equipment, which most likely will be done at night, will be an offensive nuisance to the R-1 tract to the south of subject property. Mr. Ed Richey, Project Manager, Yaeger Construction Company, stated that one of the major reasons for requesting this particular site on Lincoln is that approximately one and one-half million cubic yards of material will be hauled from the State borrow site in Bixby, and Lincoln Avenue will be the main haul road and the site is nearly the center of construction work. The maintenance of Lincoln Avenue will be a lengthy task and therefore the location requested would be the most suitable. In answer to Council's question, Mr. Richey advised that repair and maintenance will be done in the field if minor, and for any major repairs, i.e., anything that will take longer than four hours, the equipment will be shipped to Riverside. Mr. Richey informed Council that his firm will require the use of subject site immediately, precluding the possibility of following the variance procedure. In answer to Council's concern regarding the possible annoyance to the adjacent R-1 homeowners, Mr. Richey advised he had been contacted by some of these relative to what is planned at the site and no objections were registered so~ far. The City Attorney advised that Section 18.04.020(5) is susceptible to the interpretation given by the City Planning Commission and that the Council, if they wished to allow this particular use, could concur with this interpretation and then direct the staff to immediately amend this section so that this inter- pretation will no longer be available. Mr. Geisler outlined the recommended amend- ment to the Code stating this should include provision that such storage shall be permitted only upon the same site as the construction, as well as specific defini- tions of what shall be considered the site of construction in order to cover special situations. On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Council concurred with the City Planning Commission interpretation that the request to establish temporary construction office and storage yard at the south- west corner of Rio Vista and Lincoln Avenue does meet the intent of Section 18.04.020(5) as set forth in the Anaheim Municipal Code and further moved said request be granted. MOTION CARRIED. Councilman Dutton moved that the City Attorney be instructed to draft an amendment to Section 18.04.020(5) of the Anaheim Municipal Code to include provision that storage be permitted only upon the same site as the construction and to provide specific description of what shall be considered "site of con- structionf' Councilman Sneegas seconded the motion. MOTION CARRIED. By general Council consent, no objection was indicated to the use of City-owned property on Lincoln Avenue, adjacent to the Santa Aha River (Five Coves site) as requested by Yaeger Construction Company for storage of "rolling stock" at nights and on weekends, subject to terms and conditions to be negotiated with the Development Services Department and that there be no resultant delay in the development of the Five Coves project. INTERPRETATION OF PERMITTED USE SECTION - CfR gONE: Request for interpretation of permitted uses in the Commercial-Recreation Zone, in conjunction with building permit plans for proposal to establish a restaurant on motel property at the north- west corner of West Street and Ball Road was submitted together with an excerpt of the Minutes of the City Planning Commission meeting held April 16, 1973, and report from the Development Services Department. Mr. Roberts reported that said plans propose the construction of a new restaurant building which will have the appearance of a railroad depot to house the kitchen, and bring two pullman cars and two cabooses onto the property to be used as dining areas for the restaurant. The question arises, according to Mr. Roberts, as to whether the railroad cars could be construe~ as buildings within the context of Section 18.30.020 of the Anaheim Municipal Code which provides that all uses except service stations and as otherwise noted therein 73- 3i I '~ City Hall, Anaheim, California - COUNCIL MINUTES - April 17, 1973~ 1:30 P.M. shall be conducted wholly within a building. Discussion of the situation with the City Attorney has resulted with the opinion that insofar as zoning is concerned the railroad cars would qualify as buildings. However in dis- cussing the matter with the Building Division, it was felt that these could not be considered buildings insofar as the Uniform Building Code is concerned. Mr. Roberts advised that the opinion of the City Planning Commission was that the railroad cars, once they are made stationary, could be used for this purpose without any further zoning action. In answer to Mr. Murdoch, Mr. Roberts advised that the primary con- cern of the Chief Building Inspector regarding the classification of the rail- road cars as buildings was that there are no plans available to show how the cars were constructed, and it would be difficult to ascertain whether elec- trical facilities could be installed and whether it would be possible to impose Uniform Building Code requirements on a structure that he feels is not a building. Mr. Murdoch observed that, should Council concur in the interpreta- tion given by the Planning Commission, in order to assure that these cars are developed in a safe manner it will be necessary for the Building Division to be as innovative in their thinking as they were in approving the development of a mountain. Mr. Geisler stated an interpretation is not needed, that once the cars are permanently attached to the property and immovable, they are build- ings and that the only exception to this application would be mobile homes which are licensed as motor vehicles no matter how permanent their installa- tion may be. On motion by Councilman Thom, seconded by Councilman Stephenson, the City Council concurred with the interpretation of the City Planning Commission finding and determining that the four railroad cars, once they are permanently attached would be considered buildings and therefore must meet all requirements of the C-R Zone and must comply with all appropriate provisions of the Uniform Building Code; and that said cars shall be located no closer than ten feet from the property line or any other building MOTION CARRIED. · CONSTRUCTION BIDS; PHASE II - CLAIR AND SHARP SUBSTATIONS: On motion by Councilman Thom, seconded by Councilman Sneegas, the award of contracts for Work Order Nos. 8002 and 8004, Phase II of the Clair and Sharp Substations respectively, was held over until April 24, 1973 to allow time for review and evaluation of the bids by the Electrical Division and Daniel, Mann, Johnson and Mendenhall as recommended by the Electrical Superintendent. MOTION CARRIED. RESOLUTION NO. 73R-152 - WORK ORDER NO. 807: Councilman Stephenson offered Resolution No. 73R-152 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 BROOKHURST PARK BASEBALL AND FOOTBALL FIELD LIGHTING, IN THE CITY OF ANAI~IM, WORK OEDER NO. 807. 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 T~r~REOF. (Bids to be Opened - May 10, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley T. he Mayor declared Resolution No. 73R, 152 duly passed and adopted. RESOLUTION NO. 73R-153 - AWARD ,OF WORK ORDER NO. 1218: In accordance with recom- mendations of the City Engineer, Councilman Thom offered Resolution No. 73R-153 for adoption. 73-312 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 17~ 1973~ 1:30 P.M. 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 PERFOR- MING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE RED GUM - LA JOLLA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1218. (The Beecher Construction Co. - $31,694.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Resolution No. 73R-153 duly passed and adopted. RESOLUTION NO. 73R-154 - WORK ORDER NO. 1513: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 73R-154 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CARPETING AND FLOOR COVERING, ANAHEIM HILLS GOLF COURSE, 6601 WALNUT CANYON ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1513. (Custom Floors) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 73R-154 duly passed and adopted. RESOLUTION NO. 73R-155 - DEEDS OF EASEMENT: Councilman Sneegas offered Resolution No. 73R-155 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Braille Institute of America, Inc.; HNS-CRS Development Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Resolution No. 73R-155 duly passed and adopted. PURCHASE OF EQUIPMENT - FIVE RADIO PACK, ETS AND ONE MULTI'UNIT CHARGER: The City Manager reported on the recommende~~ purchase of five radio packsets and one multi- unit charger for the "Brother's Keeper Criminal Justice Program", and advised that one manufacturer, Motorola, has submitted a quotation for said equipment in the amount of $5,281.00, including tax for the radio packsets and $203.70, including tax, for the charger. He thereupon recommended the purchase be authorized. On motion by Councilman Dutton, seconded by Councilman Sneegas, purchase was authorized in the total amount of $5,484.70, including tax, as recommended by the City Manager. MOTION CARRIED. '73-313 City Hall, Anaheim~ California - COUNCIL MINUTES - A~ril 17, 1973~ 1:30 P.M. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Dutton: a. Claim submitted by Timothy W. Millhorn for personal property damage purportedly caused by collision with City vehicle at Lincoln Avenue and Brookhurst Street, on or about March 11, 1973. b. Claim submitted by Mrs. Lucille Sullivan for personal property damage and possible injury purportedly caused as a result of falling on surface of sidewalk at Anaheim Stadium, on or about April 6, 1973. MOTION CARRIED. REVISED CITY OF ANAHEIM DISASTER PLAN: The revised Disaster Plan developed in accor- dance with Ordinance No. 2285 was reviewed and adopted by the City Council as submitted and recommended by Paul L. Hayes~ Coordinator, on motion by Councilman Sneegas, seconded by Councilman Thom. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Sneegas: a. City of Buena Park - Resolution No. 4902 - Opposing an attempt to alter the method of distributing the uniform sales and use tax under the Bradley-Burns Uniform~ Local Sales and Use Tax Law. b. City of Los Alamitos - Resolution - Supporting Orange ,County's Major League Baseball Club, the California Angels. c. City of Costa Mesa - Resolution No. 73-24 - Opposing the lifting of restrictions for the sale of alcoholic beverages on County property and set- ting forth the reason therefor. d. City of Costa Mesa - Resolution No. 73-27 - Supporting Assembly Bill No. 95 of the 1973-74 regular session of the California Legislature, re- lating to the punishment for felonies committed with firearms, and giving reasons therefor. e. City of Long Beach - Resolution No. C-21384 - Urging the enactment of Senate Bill 502, "The Federal-Aid Highway Act of 1973", pertaining to urban public transportation, and urging support thereof. f. Financial and Operating Reports for the Months of February and March, 1973. Electrical Division (February) Building Division (March ) MOTION CARRIED. ORDINANCE NO. 3148: Councilman Dutton offered Ordinance No. 3148 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-30 M-I) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILM~N: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Ordinance No. 3148 duly passed and adopted. ORDINANCE NO. 3155: Councilman Sneegas offered Ordinance No. 3155 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A2~NDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-31 - M-l) Roll Call Vote: 73-314 City Hall, Anaheim~ California - COUNCIL MINUTES - April 17~ 1973~ 1:30 P.M. AYES: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Ordinance No. 3155 duly passed and adopted. ORDINANCE NO. 3156: Councilman Stephenson offered Ordinance No. 3156 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-21 - R-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Ordinance No. 3156 duly passed and adopted. ORDINANCE NO. 3157: Councilman Sneegas offered Ordinance No. 3157 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-13(6) & 72-73-5 - R-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton None Pebley The Mayor declared Ordinance No. 3157 duly passed and adopted. ORDINANCE NO. 3158: Councilman Stephenson offered Ordinance No. 3158 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-13(8) - R-l) SOLICITATION PERMIT - EVANGELISM CRUSADES~ INC,: Action on request for solicitation permit to solicit door-to-door submitted by Mrs. Tuk Soon Kang on behalf of the Evangelism Crusades, Inc., was deferred for one additional week. RECESS: Councilman Thom moved for a ten-minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (2:55 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present with the exception of Councilman Pebley. (3:05 P.M.) PROPOSED COUNCIL POLICY RELATIV~ TO I~INA~E REgUIREMENTS: Mr. William Stark, Vice President, Anaheim Hills, Inc., 380 Anaheim Hills Road, addressed the Council and requested that they defer amy decision on proposed Council policy regarding drainage to allow time for himself amd other affected developers to meet with the City's legal and Engineering Divisions relative to said policy. On motion by Councilman Stephenson, seconded by Councilman Dutton, decision on proposed Council policy relative to drainage was deferred to May 1, 1973. MOTION CARRIED. Further discussion relative to drainage requirements and drainage problems was held and Mr. Dawson stated that the City Attormey's Office has reviewed some of the more recent cases of water law amd these disclosed that the San Gabriel Country Club case decision no longer holds. The current prac- tice is that the upper landowner is required to handle certain Phases of the ~3-315 .~ity Hall, Anaheim, California - COUNCIL MINUTES - April 17,. 1973, 1:30 P.M. drainage system, and the lower landowner is required to accept the run-off water, and must take all reasonable steps to minimize the potential destructive effects on his property; the expense of said modifications to be borne by the upper landowner. However, if the lower landowner neglects to take reasonable steps to protect his property, the liability of the upper landowner is released. A particularly important point disclosed in this review is that once the run-off water enters a dedicated city street it becomes the complete and full obligation of the city to take it to its ultimate disposal, thus making the city, and only the city, liable for any damages from that point on. Mr. Dawson outlined two recommended new procedures in the approval of tract maps as follows: 1. Certification by the City Clerk - rather than certify as to the Council's action of accepting the dedication of the streets, domestic water system, sewer system, etc., it is now recommended that the City Council not accept the streets or water or sewer systems until such time as the off-site drainage facilities are installed complete, and are operable from the low side of the tract in question to the point of ultimate disposal. In his opinion, this would release the City from liability during this interim period. 2. Once the extent and nature of drainage facilities for the tract is determined, this could be the first order of priority in development. This method would not hold up approval of the final map but would delay, until drainage facilities are installed and operable, the issuance of any 'building permits, with the exception of six permits for model homes, which would not be finally approved, nor occupancy permits issued. In regard to construction of drainage facilities, should the devel- oper be required to go through lower property in order to get to the ultimate point of disposal and is unable to obtain voluntary dedication by written con~nitment from the lower property owners, then it is the City Attorney's opinion that the City could offer its power of eminent domain, and condemn the drainage way required and the project would proceed. The cost of such proceedings however would have to be borne by the developer. In conclusion, Mr. Dawson stated that the liability situation is a grave one and requires Council action in the near future. He further advised that an overall drainage plan for the City of Anaheim has been formulated. According to this plan the City is divided into approximately 38 water dis- tricts, some of which are divided again within the district. An acreage fee of varying amounts is proposed to be charged within these districts so that, via drainage district reimbursement agreements with the City, the developer of the higher properties who has been required to install drainage facilities which also benefit lower areas may recoup the applicable portion of his in- vestment when development is undertaken on the lower land. Mr. Dawson related that such an interim agreement has been entered between the City, the Orange Unified School District and Cal-Prop in conjunction with drainage facilities to be installed at the site of Canyon High School. Mr. Dawson stated that the one impediment to the initiation of the water district approach is the required approval of the Orange County Flood Control District and this should be forthcoming within two to three weeks. Following approval of the Orange County Board of Supervisors, the City will have the means to require developers to install drainage facilities to carry run-off water to its ultimate point of disposal. .REQUEST - PACIFIC DRIVE-IN T~EATERS - PARKING AT ANAN~IM STADIUM: Request of Mr. Cecil C. Wright, 60 Plaza, Orange, Attorney representing Pacific Drive-In Theaters for continued use of a portion of the Anaheim Stadium parking lot fronting on Orangewood Avenue on Sundays beginning at 8:00 a.m. was submitted for City Council consideration. Mr. Cecil Wright advised that this use has been granted by the Stadium Director for a trial period, which has now expired, and that his client is now requesting that this lease be extended temporarily until terms and conditions of a final agreement can be drawn up by City staff for recom- mendation and City Council action. 73-316 .City Hal. l, Anaheim, California - COUNCIL MINUTES - April 17, 1.973, 1:30 P..M Mr. Murdoch reported that no problems have been encountered and Mr. Liegler is satisfied with the arrangement to date. The costs to the City have not been computed as yet, but it appears that the lease fee paid presently covers the costs incurred. The Stadium Director retains the right to supercede this parking agreement should a major event be scheduled at the Stadium. In answer to Councilman Sneegas, Mr. Wright advised that his client does not charge patrons for use of the Stadium parking area, and that one of the reasons this continued agreement is requested is to curtail the swap meet over-flow parking from using the nearby private industrial properties. Councilman Sneegas moved that the Pacific Drive-In Theaters be granted continued use of a portion of the Anaheim Stadium parking lot for an additional period of one month, under the same terms and conditions as previously, pending final lease agreement. Councilman Stephenson seconded the motion. MOTION CARRIED. CIVIC CENTER TASK FORCE PROGRESS REPORT - EMPLOYMENT OF SUA INC.: Mr. Robert Davis advised that the proposal submitted in written form from SUA Inc., for develop- ment of a detailed facilities plan for City functions was also presented verbally to the Task Force Committee and the architects. He reported that the Task Force feels that the analysis proposed by SUA Inc. would not represent a duplication of effort but that the areas of responsibility between SUA Inc. and the archi- tects are clearly defined. They therefore recommend that SUA Inc. be employed to conduct the studies as outlined in the written proposal. Mr. Davis further advised that when the architect's fees are deter- mined it may be possible to reduce them to take into consideration the cost of the SUA Inc. services. He noted that in the written proposal SUA Inc. has indicated a total fee of $21,800. According to Mr. Davis it was the opinion of the Task Force that this necessary portion of the planning phase would be more effectively performed by a firm of specialists in this area such as SUA Inc. The study will take approximately three months, and should Council accept the Task Force recommendation and approve their employment, SUA Inc. would begin immediately to work cooperatively with the architects and the Task Force. It was noted that the recommendation of the Task Force was not unanimous and Councilman Thom stated that his impression, on speaking with a member of the Task Force, was that the negative vote was based on his opinion that the space analysis and utilization plan could be performed by the City staff together with the architects at a savings to the City. Councilman Dutton noted that the approach mentioned by Councilman Thom might not be the most economical in that it would be relatively easy to overestimate or underestimate the amount of space required by each department. Councilman Thom explained that his primary concern was whether the expenditure of this sum of money is critical and necessary to accomplish the objective. He stated that to his knowledge some of the members of the appointed Task Force have sufficient experience to guide and direct the space utilization and therefore he feels the dissenting members of the Task Force have a valid point. Councilman Sneegas observed that the Task Force is comprised of volunteers who might not be able to spare the amount of time such extensive analysis would require. Councilman Thom reiterated the position of the Task Force member in question; that the space analysis and utilization is an area which lies normally within the scope of the architect's function~ and that Rowland and Rose could readily execute this study and plan with the consultation of the City staff. Councilman Sneegas asked how the cost of the SUA Inc. services compares with the archttectfs fee. 73-317 City Ha~, .Anaheim, Californi~ - CQUNC%L M%.NUTES -April .17, 1973, 1:~0 .P.M. Mr. Davis answered that this is difficult to estimate in this case, since the architect will be compelled to design, in schematic phase at least, not only that increment which is currently proposed to be built, but the entire project, in order to determine where this increment will ultimately fit. Likewise, SUA Inc., in order to devise a functional space utilization plan for the first increment and remaining existing structures will have to prepare a complete analysis of not only this component but the entire project. Mr. Davis further replied that normally the fee for this type of consulting service would be one-half of one percent of the architect's fee. He reiterated that the Task Force Committee's feeling was that although the City staff could perform this function over a period of time, it would still cost money in terms of time taken from other responsibilities, and that in finality the experience and expertise of a firm which specialized in doing this type of planning for governmental jurisdictions would be advantageous to the City. Councilman Sneegas concurred with the opinion of the Task Force as expressed by Mr. Davis, stating that one mistake in planning could cost as much as the $21,000 fee to rectify. Mr. Davis also advised Council that in planning a public building such as the Civic Center, it can be estimated that such a structure will be in use for 50 to 70 years, and therefore this fee is a small investment when compared with the long-range planning which the concept requires. Mr. Davis further noted that SUA proposes to plan a program for a ~5-year period as well as for the individual increments and for integration with existing buildings and structures. Mr. Murdoch pointed out that awarding the space survey and planning portion to SUA Inc. would decrease the responsibility assigned to the archi- tect and consequently the architect would not receive remuneration for this portion of the project. Councilman Dutton moved that the City Attorney be authorized to prepare the necessary contract for employment of SUA Inc. to perform the utilization studies, in connection with the Civic Center Complex, as out- lined in the written proposal, for a fee of $21,800. Councilman Stephenson seconded the motion. To this motion, Councilman Thom voted "no" MOTION CARRIED. ' JOINT CONSTRUCTION OF SWIMMING pOOLS - PLACENTIA UNIFIED AND O.P, ANGE UNIFIED SCHOOL DISTRICTS: Mr. Murdoch reported that a request had been received from the Pla- centia Unified School District regarding the possibility of joint construc- tion of a swimming pool at their new high school facility. He stated that the Superintendent of ~he Placentia District indicates willingness to proceed with this project and to advance the funds if there is reasonable assurance the Council would participate at some future date on the same basis as the swimming pools to be constructed jointly with the Anaheim Union High School District. The City Manager stated that the Anaheim Union High School District agreement calls for 50% participation by the City, and based on the Anaheim population expected to use the Placentia Unified School District facilities, the City's share in this participation would be 30% to 50%. He noted that a similar request has been received from the Orange Unified School District pertaining to the swimming pool to be constructed at Canyon High School, which would ultimately serve nearly all Anaheim residents. He estimated that the City would be able to fund one of these pools in 1976 and one in 1977; however he cautioned that there is no assurance as to what the City's £inanclal ability will be at that time. Councilman Sneegas stated that although he did not like the idea of obligating future Councils, he felt that the City did have a moral obliga- tion to the residents utilizing these two high school facilities. On motion by Councilman Thom, seconded by Councilman Sneegas, the City Council indicated their intent to participate in' joint construction of swimming pools with the Orange Unified and Placentia. Unified School Districts, subject to and contingent on the availability of funds. MOTION CARRIED. 73-318 C~t¥ Hall. Apmhefm, California - cOUNC%L MINUTES - April 17, 1973, 1:30 P.M. PROTEST - CITY OF YORBA LINDA.ANNEXATIO~.~O..73-j: The City Manager reported that the City of Yorba Linda has filed Annexation No. 73-1, to annex property which includes the Yorba Linda Golf Course and Country Club, and which conflicts with the Anaheim Zone of Influence. He indicated the location of the area in ques- tion on the General Plan Map. Subject area consists of two holes of the Yorba Linda Golf Course which are on the south side of the Richard M. Nixon Freeway, and are reached through a drainage opening underneath the freeway. Mr. Murdoch further explained that some consideration has been given by the owners of subject property to redesign the golf course, and this por- tion on the south side of the freeway may be developed to some residential purpose. It is therefore suggested, since the Anaheim Sphere of Influence has been generally established to be south of the freeway, and Yorba Linda's Sphere of Influence to the north, that the Council authorize a protest be filed. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the City Council authorized a protest to that portion of the proposed Yorba Linde annexation located south of the Richard M. Nixon Freeway, which encroaches upon the established City of Anaheim's Sphere of Influence. MOTION CARRIED. CONNECTION FEES - SANITATION DISTRICT NOS, 2 AND ~: Councilman Stephenson reported that as a result of the study conducted by Stone and Youngberg, the connection fees for Sanitation District No. 3 were increased to $250 per residential unit and $50 per 1,000 square feet of industrial space, with a $250 minimum. Councilman Stephenson advised that this firm has now been employed to study costs involved in District No. 2 and a public hearing on their recommendations has been set for May 23, 1973, 5:00 P.M. ORANGE COUNTY SANITATION DISTRICT NOS. 2 AND 3 - ALTERNATE MEMBEr: Mayor Dutton reappointed Councilman Stephenson as alternate representative to Sanitation District Nos. 2 and 3. SUPERIOR COURT - CITY OF FULLRRTON: Councilman Dutton introduced a communication dated April 13, 1973, from Mayor Robert E. Root of Fullerton, regarding pending legislation to establish a full-time Superior Court in North Orange County and requesting a resolution of support. Said letter was read in full by Councilman Dutton. Following Council discussion, with input from the City Attorney as to the relative inaccessibility and inconvenience of the location proposed for the full-time Superior Court, the City Council declined to support the legis- lation introduced by Assemblyman Briggs as requested. REQUEST - GROVE INDUSTRIAL PARK: Mr. Harry Knisely, Agent for JED Development Company submitted for Council review a complete set of plans and designs for the Grove Industrial Park, to be located on Grove Street, south of La Palma Avenue. Mr. Knisely showed the original plans which the Department of Public Works had approved, and indicated the placement of trash storage areas shown on said plan. He stated, following approval of the original plan, the JED Development Con, any had designs and specifications completed for this indus- trial park and when presented for final plan check, prior to issuance of building permits, the Department of Public Works has now requested that the developer provid~ ea~m~nt~ b~twe~n the buildings £or access by trash pick-up vehicles. (Said easements were indicated on the plan by red lines.) Mr. Knisely advised that this easement requirement places restric- tions on the property which will make it difficult or impossible to proceed with the subdivision as such restrictions may result in the loss of financial backing for the project. He further noted that redesign of subject industrial park to incorporate the easements would mean discarding the current designs and specifications, at an estimated loss of $35,000. He stated that the developer is willing to move the trash storage locations but that they cannot provide the easements requested and still have a buyable project. 73-319 ~itV Hall, AnaheSm, California - COUNCIL MINb~ES - %pril 17. 1973, 1:30 P.M. Mr. William S. Lewis, Superintendent of Streets and Sanitation, explained that the developer proposes to lease or subdivide each of the buildings separately and consequently these individual tenants or owners will most likely fence these properties, leaving the Sanitation Division with the problem of individual access. In addition he outlined the problems encountered in front collections such as tying up one traffic lan,e, and noted that in most instances a tenant will locate trash containers to the rear of the property, which in this case has no accessway for trash trucks according to the plans. Councilman Dutton stated that according to-the commercial trash contractor, with whom he has spoken, it would be possible to make front collections at subject property. Mr. Lewis reiterated that front collections in this industrial park would necessitate tying up a traffic lane while rolling trash dumpsters up and down the driveway and that this is an impractical solution as far as the Streets and Sanitation Division is concerned. Following discussion of the possible alternatives, Councilman Dutton moved that the easements for the Grove Industrial Park not be re- quired and that the trash containers be located to the front or side of the buildings, at the owners discretion, so long as they are behind the front property line. Councilman Stephenson seconded the motion. MOTION CARRIED. ~: Councilman Stephenson moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:10 P.M. City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - April 24, 1973, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: John H. Dawson CITY CLERK: Dene M. Daoust UTILITIES DIRECTOR: Gordon W. Hoyt ELECTRICAL SUPERINTENDENT: George H. Edwards ASSISTANT CITY ENGINEER: Ralph O. Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Robert Harris of the First Southern Baptist Church gave the Invocation. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag.