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1970/11/037O- 583 City Hall, Anaheim, California- COUNCIL M~I~S- November 3, 1.970, 1;30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILI~N: Clark, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATT011NEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Willianm STADIUM AND CONVENTION CENTER DIRECTOR: T.F. Liegler CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZOKING SUPERVISOR: Charles Roberts Hayor Dutton called the meeting to order. INV. OCAT!0N: Reverend Fhrray L. Horford, of the First Nazarene Church, gave the Invocation. ,FLAG,SALOTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. PROCLAHATIONS: The following Proclamations were issued by Mayor Dutton and unanimously approved by the City Council: "Danny Thomas Teenager's March Month" - November, 1970. "National Art Week" - November 1 through 7, 1970. RESOLUTION - PUBLIC UTILITIES COIdNISSI0N - AIR.TRANSPORTATION: A Resolution, petitioning the Public Utilities C~ission to provide a direct aerial route from the Oranie County Airport to Sacramento, and enjoining other cities of the County of Orange to adopt similar Resolutions was unanimously adopted by the City Council and copies of the Resolution ordered sent to all other cities in Orange County. .INT.P..Q.~I.CTION OF NE~ .EHPLOYEES: Hal Steinruck, of the City Personnel Depart- ment, introduced new employees attending the Council meeting as part of the City's orientation program. Hayor Dutton welcomed the ney employees to the City team. K!NUTES: Minutes of the Anaheim City Council Adjourned Regular meetings held October 7 and 8, and the Regular Heeting of October 13, 1970, were approved, on motion by Councilman Clark, seconded by Councilman Pebley. ~OTION CARRIED. WAIVER OF ~DIl~ - ORD~IA~CES ANDRESOLUTIO~S; Councilman Stephensonmoved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby siren by all Councilmen, unless after read- inE of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilmen Clark seconded the motion. 14DTION UNANIMOUSLY CARRIED. ~?.O~.T - FINAN. C_.IAL DED~.S AGAINST THE CITY: Demands against the City, in the amount of $202,424.22, in accordance with the 197~71 Budget, ~ere approved. ~LIC ~I~- ~C~S~IcA~IONR. ~0-71-16 ~V~~ NO. 220~:. Su~it~ed by ~rie I. took, requestini a ch~e of zone ~ ~A and C-1 co R-3, Co construct'a 207-unit, thre~story a~rt~nt c~l~ on property located on the south side of Lincoln Ave~e, ~st of ~le Av~e, ~h ~ivers of: a. ~m buildin~ height ~thin 150 feet of R-A zoned property. b. ~~~tldtnE heist o~ any buildinE. ~e City Pl~i~ C~tssion, pursuant to ResolUtion No. PC70-177, rec~nd~.satd r~lassification be approved, subject to the follo~ con- ditions: 70-584 City MI1. ~eim. Calitornia- COURCIL HINtrl~s--November 3. 1970, 1:30 P.M. 1. ~at the o~er(e) of sub~ect proper~ shall deed to the City of ~he~ a strip of 1~ ~5 feet in ~dth ft~ the centerline of the street alo~ ~le Ave~e, ~or street ~d~tng purposes. 2. ~at all e~tn~rin; requ~ents 'of the City of ~eim alo~ Lincoln and ~le Averse, tncludtns preparation of ~rov~ent pl~s ~d installation of all ~r~nts, such as curbs and ~tters, sid~alks, street itad~ ~ pa~, draina8e facilities or other ap- purte~nt ~rk shall be c~lig ~th as requir~ by the City ln8i~er and in accord~ce ~ .sta~ard plans ~d specifications on file in the office of the CiU l~ineet; that street l~htin8 facilities alone Lin- coln ~ ~le Avenues shall be i~talld as required by the Director of hblic Utilities ed in accord~e ~th standard plans and spect/ications on file in the office of the ~rector of hblic Utilities; and that a bond in ~ eount and io~ satisfactory to the City of ~aheim shall be posted ~th the City to ~arantee the installation of the above-~ntioned re,fronts. 3. ~at the ~er(s) of subject property shall pay to the City of a~ei~ the sum of 15C per f~nt foot alons Lincoln and Dale Avenues, for tree plmttn8 purposes. 4. ~at trash storaEe areas shall be provided in accordance ~th a~roved plans on file ~th the office of the Director of ~blic ~orks. 5. ~at /ire hydrants shall be installed as required and de- te~ned to be necessary by ~e ~ief of the lire ~part~nt. 6. ~at a 6-foot ~sonry va11 shall be constructed along the east property line adjacent to R-A zoned property and betveen Portions A~dB. 7. ~at all air-conditioning /acilities shall be properly shielded from vier and the sound buffered [r~ adjacent properties. 8. ~at a parcel map to record the approved division of sub- Ject property be submitted to and approved by the City oi haheim and then be recorded in the o/lice of the ~a~e County Recorder. 9. ~at subject property shall be se~ed by under8round utili- ties. 10. ~ac the ~er(s) o~ subject property shall pay to the City oi ~eim ~he s~ of $75.00 per mltiplrf~ily unit, to be'used for park ~d recreation pu~oses,' said '~unt to be paid at the the~butldi~ pe~t is issued. 11. ~ain~e o~ sub~ec~ property shall be disposed of in a ~er satisfactory to the City E~ineer. 12. '~a~ a 35-foot strip of l~d shall be l~scaped on the Lincoln Avenue ~ont~e, pl~s for said l~dscapin8 to be approved by the ~vel~nt ~rvices 13. Prior ~o :he introduction of ~ ordinmce rezoning sublect property, ~ttion ks. 1, 2, ~ 3, ~ove ~ntioned, shall be c~ ple~ed. ~e pro, stoas or ri~ts ~ted by this resolution shall be- c~ ~11 ~ ~td by action of the Ci~7 ~uncil unless said conditions are c~lied ~th ~thin one year ~ ~he date hereof, or such ~r~her t~ as the Ci~ ~u~il ~7 ~et. 11. ~at C~dition ks. I, 5, 6, 7, 8, 9, 10, 11, and 12 above ~n:t~d~shall be c~lted ~th prior to ~tnal build~ and zoning in- spastic. ~e City PI~in8 ~isston, PUrsuant ~o Resolation No. PC70- 178, ~ted said variance, ~bJect Co ~he follo~ns conditions: 1. ~at this vart~ce is sranted subject t0 :he c~letton of .bclusificlti~ k. 7~ 71-16. 2. ~at s~t property shall be developed subs:~tially in acc~d~ ~ pl~ ~ acificiti~s on file ~th the City o~ he~, ~rked ~tbit ~s. 1, 2, .3, i, 5, 6, ~d 7; pr~ided hoover, that l~dscap~ pl~ for ~ie de~lo~nt shall be su~itted to ~lo~nt ~ces ~ar~t for appt~al; and further provided~ Chat a ~oot ~7 ~11 ~ l~sc~e scre~in& shall be provided alons the O.C.~.C.D. ch~l a~ ~le Street as stipual~ed by the petitioner. 7O-585 City Rall. ~fh~,_ e_~!ifornte- .f~fnM. ZL ur~Pems~, iiovo, leF ~j, 1970. 1:30 P.N. Zontn8 Supervisor Charles Roberts noted the location of subject property, the' exiet~n~ uses and son~ in the immediate area, and briefed the evidence sub, tied to and considered by the City Planntn~ Coumiesion. He ad4?Lsed that, in vier of the recent adoption of Resolution H0. 70R-502, tncreaatnS the Park and Recreation Fees, effective January 1, 1971, the De- velopment Service8 Department recommends, if the reclassification is approved, accordin6 to the City Ptannin~ Com~ston recounendations, Condition No. 10, of Resolution No. PC70-177 be chansml to read as follows: "10. The Ouner(s) of subject property shall pay to the City of Anaheim appropriate fees as established by the City Council tot park and recreation purposes; said fees to be paid at the time the building permit is issued., Mayor Dutton asked if the Applicant or his Asent vas present and v/shad to address the Council. Dale L. In~rmn, Asent, asked hov much of an increase per unit vould be required under the revised park and recreation fees, and was informed it would amount to an additional $50.00 per unit. Hr. Insrmn stated they were satisfied with the recounendattons of the City Plannins Connission. Hayer Dutton asked if anyone wished to address the Council in op- position; there bein~ no response, declared the heartn~ closed. ~E~0LUTI~If NO. 70R-524: Councilman Clark offered Resolution Ho. 70R-524 for adoption, authorizinS the preparation of necessary ordinance., changing the zone as requested, subject to the conditions recounended by the City Planning Cmmtsston, chan~inE Condition No. 10 as recoue~nded by the Development Ser- vices Department. Refer to Resolution Book. RESOLUTIOH OF THE ClTY COUNCIL OF THE CITY OF AHAHEIH FI2~DII~ AND DETERK[N- THAT T1TLK 18 OF ~- AKMIK~.'~CIPAL CODE RKLATIHC TO ZOI~NG SHOULD BE ~D ~ ~ ~I~'~IES OF CgRTAIN ZOIIES SHOULD BE CRAIIgED. (70-71- 16 = R-~-~artd C:-1)~ ~. Roll Call Vote: Clark, Stephenson, Pebley, Thom and Dutton Bone lkme The Nayor declared Resolution No. 70R-524 duly passed and adopted. RKSOfJFE~ ~...701-$25: Councilman Clark offered Resolution No. 70R-525 for adOpi:lon; ~ranttns Varies ~. 2~7 as re~ested, subject to ~e conditions rec~~ ~ the City Pl~i~ ~selon. Refer Co Resolution BOok. A RESOLUTION OF THE CITY COUNCZL OF THE CITY OF AHAHEIN CRAHTI~ VARIANCE NO. 2207. Roll Call Vote: -.AYES: COUBC~: Clark, Stephenson, Pebley, Thou and Dotton IB~S: C~fCiTJ~: Bone ABO~T: COOBC~: Nons The Mayor declared Resolution Ho. 70R-525 duly passed and adopted. Submitted by John T. and Phyllis J. Allen, to t as a conformin~ use on R-3 zoned property lo- cated ma the'north side of Sycam~e Street, vest of Century Drive, and ~urther described as 1609 East Sycamore gtreet, with waivers of: 70- .586 CEty 1gAll, A~ahei~, Gal;~t[gtnia - COtIIICIL K[larl~8 - Nov .e~ber. 3, 1970, !:30 P.M. a. lttntmum required dwelling unit floor area. b. Nlnt~um number of required parking spaces. The City Planning Counission, pursuant to Resolution Ns. PC70- 163, denied said variance. Appeal from action taken by the City Planning Con~ission was filed by 5ohn T. Allen, Applicant, and public hearing scheduled this date. Zonin~ Supervisor Charles Roberts noted the location of sub- Ject property, the existing uses and zoning in the ~diate area, and briefed the evidence submitted to and considered by the City Planning Commission. He advised that subject petition was occasioned by Appli- cant' constructing an additional non-conforming apartment, subsequent to final inspection on the building permit, for an 8-unit apartment com- plex. In answer to Councilman Pebley, Mr. Roberts advised the non- conforming apartment was brought to the attention of the Development Services Department through an anonymous complaint. Councilman Pebley, recalling a similar incident where a fruit stand on Euclid Avenue was approved subsequent to construction being completed, was advised by Mr. Roberts that 'the fruit stand involved a temporary structure, whereas subject apartment unit was a permanent structure, and thus different regulations applied. llayor Dutton asked if the Applicant was present and ~rlshed to address the Council. 5ohn T, Allen, 18211Nandarin Lane, Yorba Linda, advised his life savings were used for the down payment on the purchase of the apart- ment complex in question, leaving himwith no extra capital, particu- larly if there should .be a vacancy in one of the eight units; therefore, the garage and adjoining storage unit were converted to an apartment, to provide additional income. Hr. Allen presented a petition, Supposedly signed by the pres- ent eight tenants of subject apartment complex (one vacancy), stating there were no parking problems because of the less than required parking spaces for the project. He also presented for Council review-photographs to support his contention that the use of a presently illegal space for parking did not interfere with access to the apartment complex, and thus should be approved as a.required parking space; and also a statement, sup- posedly st~ned by the tenant in the non-conforming apartment unit, stat- ing the size of that unit suited his needs. Mr. Allen stated he believed the submitted photographs showed the apartment unit in question was neat in appearance and, in his opin- ion, vas an asset to 'Anaheim, rather than a nuisance to anyone. He re- quested the variance be approved, after which he could obtain the neces- sary building permit and open the unit for inspection. In answer to Councilman Stephenson, Mr. Allen said he did not apply for a building permit because he did notrealize the additional unit ~ould violate any City ordinance. Council_~_~ Dutton expressed the opinion that situations such as this are too co~on, where the law is violated to obtain something desired, and then the expectation is the act will be approved since it already has been conenttted. Counctlman Thom agreed with Councilman Dutton, stating he be- lieved any hardship in this situation was.created by the Applicant's own act, and if the requested variance were approved, all other SUch requests should be approved. 70-587 City ~all,.An.a~.eim, Cqlifornia - COUNCIL .K[~S - November 3, 1970, 1:30 P.H. Hr. Allen stated he'felt at the time he constructed the apartment unit in question he. probably should have had a buildin$ permit; however, since the roof structure already was over the garage and the completed storage space that was converted into the apartment, and thus there was no structural change of any type, he did not realize heuras violating the law. Councilman Clark asked if there was any way to purchase additional land in order to enlarge the 330-square foot apartment unit in question to the required size and also provide for the necessary parking spaces. Hr. Allen advised the apartment unit possibly could be enlarged, but it would be difficult to provide the required parking space. He stated that three automobiles easily could be parked in the area he is attempting to es- tablish as one legal parking space, and that one automobile presently does use it for parking and it has caused no ingress or egress problems. Hr. Roberts advised the parking area in question is not acceptable from the standpoint of the Fire Department, since it obstructs easy access from the walkvays to the apartment ~nits, and if the Fire Department responded to a call from the apartment complex it would have extreme, difficulty getting through if a car was.park~ddth~re,. He stated that, in his opinion, the pro- perty in question is developed to its ultimate at the mOment. Mr. Allen stated he believed the driveway was wide enough to allow fire-fighting equipment to get through with an automObile parked in the space in question, since rubbish trucks have no difficulty. Asked by Councilmen Thom if he lived in the apartment complex being discussed, Hr. Allen advised that, although he originally intended to have his son live there, it was purchased as income property. Replying to Councilman Pebley, Hr. Roberts advised that there pres- entlyare nine parkinS spaces provided for the nine apartment units now in existence. Councilman Pebley thereupon stated that several older apartment complexes in Anaheim have a one-for-one parking space ration. City Attorney Joseph B. Geisler advised that if the subject petition were denied, the Applicant vould be required to restore the one apar~nent unit to its original use as a garase; the only way the apartment unit rightfully could be approved vould be by chan~ing the standards for R-3 units to 300-square foot miniamm size, instead of the present requirement of 800-square feet. He added that approving the variance without changing the Code requirements would place a premium on law violations and asked the Council if they would have ap- proved the petition if it had been presented prior to construction. The Coun- cil agreed they would not have approved such a petition originally. Referring to the aforementioned approval of a temporary fruit stand structure on Euclid Avenue, after its co~letion, Hr. Geisler reminded the Council they had agreed they vould have approved that request if it had been made prior to construction, vhereas they admitted they would not have approved the petition under discussion if it had been presented before construction. He stated that an approval in this instance vould make it difficult to enforce existing City ordinances. Hr. Allen stated that the City Planning Commission had previously mentiOned a minimum apartment size of ~00-square feet and asked if those stand- ards had been changed. . lit. ROberts advised that 425-Square feet is a guidline used by the CltyPlann~ ~Sston in °g~aSionallY allOvingl sOme aPartment deVeloPments to Construct up to 25%of total units as bachelor apartments, With a minimum size of 425-square feet. Hayor l)utton asked if anyone vished to address the Council in oppo- sition; there betn~'no respOnse, declared the hearinS closed. 70- 588 California- COUNCIL HINgTES- l~.~er.3, 1970, 1:30 P.M, Councilman Thom stated he felt sustaintns the City Planning Coe~ission denial ~ould not hurt the Applicant too ~uch since the off- $tnal strUcture would be ~aintained, and thus .he would offer the Resolu- tion denying the variance request. He reiterated his belief that the Applicant's hardship was self~inflicted. Hr. Allen advised that he had elevated the cement floor of the garage in converting it to 'apartment use, and that it would be as much ~ork to remove the con,ruction as it was to put it in-. Therefore, he requested that if the subject apartment unit use is denied he be allowed to abangon the use of the apartment, revert its use to storage, and have the subject parkt~ space legalized. Hr. Roberts advised approval of a parking space waiver would be required, if the Council agreed to Hr. Allen's request, since the ex- istin$ parking spaces did not meet even the old requirements. Councilman Thom recommended denying requested Waiver 'a," ap- proving requested Waiver 'b", and allowing the use of the existing struc- ture for storage. In answer to Councilman Stephenson, Hr. Roberts advised that allowtn~ the use of the parkin$ space in question would not block access for fire-fiEhting equipment unless an automobile was parked in front of the accessway. Hr. Allen stated he believed there is no access problem,but in any event he vould have no way of stopping cars from parking in an area, however, in reply to Councilman Clark, he advised he would be willing to stipulate no parking in the area. .P~S0~UTION NO. 70R, 526: Councilman Thom offered Resolution No. 70R-526 for adoption, srantin~ Variance No. 2197 in part, denying Waiver "a", granting Waiver "b", on condition the area be converted into storage space, with parking prohibited as stipulated to by the Applicant. Refer to Resolution Book. A P~SOLUTIONOFTHE CITY COb~CIL OF TI~ CITY OF ANAHEIMGRANTING VARIANCE NO. 2197, IN PART. Roll Call Vote: AYES: C~~: NOES: CO~RC~: ABSKRT: CO~C~: Clark, Stephenson, Pebley and Thom Dutton None ted. The Nayor declared Resolution No. 70R-526 duly passed and adop- ~lC~&mv~__- V~eT~'..~O, 22~ (P~A__S$~FICATIONNO, 69-70-27): Submitted by Fraak Nuller, to-Construct a 104-unit apartment complex on t4-1 zoned property located on the east side of Falller Street, north of Lincoln Ave- nue, with ~aivers of: a. ~butldin$ site per area per dwelling unit. b. Ninimm distance betveen buildings. ~he City Plaanl~ Co~sston, pursuant to Resolution No. PC70- 172, Kranted said variance, subject to the follovin$ conditions: 1. That this variance is granted subject to the completion of Reclassification No. 69-.70-27'. 2. That subject property shall be developed substantially in accordance with plans and specificatiOns on file with the City of Anaheim, marked ~xhibit Nos. 1, 2, and 3, Revision No. 2, provided, however, that a 6-foot masonry wall shall be constructed along the south and east pro- party lines. 589 ~ ~_s_] 1. in=h~_hn. California - ~~ ~~ - ~V~er 3, 1.970.' 1:30 P. ~. R~t~ of acti~ t~n by ~e Ci~ ~la~ing C~ission was reques- t~ by ~ncil= .Pebley at ~ ~ber 13, 1970 City ~nCtl ~eting, ~en t~ Cou~tl[~c~ aware ~bJect Property was in close proximSty to the Fed ~ ~ar~se, at ~ich there is a lot of activity in ~he early.~rnin~ and lite evenl~ h~rs, ~d ~blic he.~i~ was scheduled ~his date. ~e Ct~ ~qer r~orC~d-~at investisa~ion o[ the 8[t~cion re- vealed ~ha~ the al~e~tve~} ~ ~ins an R-3 use on subJ.ec~ property would be ~0.:~e:~i~ for tnd~ial ;~0f~, ~i~ ~uld Crea~e ~e ~ ~eof hyor ~CCon ask~ ii ~yo~ ~shed to address the ~uncil; there beiq ~ reo~nee, declar~ the hearing closed. P~~OH NO, 70R-527: Councilman Pebley offered Resolution No. ?0R-527 for adoption, Krantin$ Variance No. 2204 as requested, subject to the condi- tions recm~ended by the City Planning Connission. Refer to ResolUtion Book. A RISOIIITIO~ OF THE CITY Cl)UIqIIL OF TI~ CITY OF ANAHEIM GRANTING VARIANCE NO. 220~. Roll Call Vote: AYES: COUNCIL~N: NOES: COI~CIL~N: ABSENT: CO01~ILI~N: Clark, Stephenson, Pebley, Thom and ~tton None Non The Mayor declared Resolution No. 70R-527 duly passed and adopted. 1 8 - OF . Submitted by C.J. queyrel, InacaI ~~tn-= Ceeq~ay, requesttn~ a one (1) year extension of tim to said tracts. Proper~y lecated on the south side of Santa Ana Canyon Road, east of Solomon Drive. (Resolution of Intent to R-l). A decision on the requested extension of time was deferred to this date, f-ro~ the ~eetin~ of October 20, 1970, for sub, asian of development plans for review and approval by the City Council. Zonin~ Supervisor Charles P~berts advised development plans have been submitted by the Applicant, showin~ four different models proposed for construction, the thrae-bedro~, t~0-.bath ho~es having 1,225- square feet of spase~ and the fout~bedro0~, t~o-bath hiness having 1,472-square feet of space. The pl~s wre reviesmg by ~he Council. Mt. i~oberts reported that the Development Services Staff and City Plelm~ Coamission had revtmmd the plans and were of the opinion the ele- vations as indicated vere Considerably i~proved over the original plans. He advised the City Plam~t~ C~mission had reco~ended the development plans be approved on the basis that they substantially conformed to the intended qual- ity of ho~es to be developed in the area when subject application originally was approved. ltayor Dutton asked if the Applicant was present and wished to ad- dress the Council. i~enneth gall, 2700 Paterson Way, Costa Ness, Developer, advised he had no questions. Council~n lho~ ~ to ~rant a one-year extension of time for Iteclassificatio~ No. f~6~-98, Variance No. 2097~ and Tentative Tract No. 7003, Revision Bo. 1, sad Tentative Tract No. 7118, as reco~ended by the City Planai~ Comm~saim~., 9evelol~ent Services Department and City Engineer. Council~an Ste~heasoa ~c~ded the ~otion. ~TIO~ CARRIED. 70- 590 In answer to Councilmen Pebley, Councilman Dutton explained the delay vas occasioned by the desire of the'CounCil and the area resi- ns to 'have better-quality homes in the area than what may have been erected under their 'low cost housin$' 'advertisin$, and the recently- constructed homes nov in existence west of this proposed develnmnent. He stated that the Developer was very cooperative and asreed to spend more e~ney and revise his development plans to provide a better home, the re- mlt of ~htch was sho~n by .the development plans submitted for review and approval at this ~eetin~. Council~n Pebley advised he would prefer to see nice, 4-unit to~nhouses, than ~hat was submitted this date. Councilman Thom Stated he ~ould not disagree ~rith Councilman Peblay; however, the plans submitted this date, in his opinion, were far better than what vas Originally sub~itted. I/sync Turner, 6017 La Paz I/aY, Walnut Canyon, whose Property is adjacent to the subject area, asked how much house there could be in a 1,200-square foot home, and advised that some apartments he is working on in the City of Orange have a larger square-foot area. He stated the opinion that the subject development, as proposed, would depreciate his property. Councilman Thom advised that the development necessarily would conform to City Codes, however, the Council had been dissatisfied with the drab, monotonous appearance of the original development plans, and the revised plans submittadtoday were improved aesthetically. ~r. Turner asked what the cost of the proposed homes would be, statio~ there still are 23 homes left to sell in this area. Councilman Thom advised the Council had no control over the cost of the homes; their concern was with the quality and, in his opinion, the aesthetics of the proposed development would not depreciate the neighbor- hood. On motion by Councilman Thom, seconded by Councilman Dutton, the development pl.ans, as sub~itted, were apprOved. HOTION CARRIED. ~tIS~_~j!~_S$ LI_~r~j~..SEFEE,.~t.IV~R-.~~IATIONBYZANTINE CATHOLIC CHURCH: Request si the Annunciation Byzantine Catholic Church for waiver of the business license fee for their I/inter Festival, to be held November 21,1970,.from 3~00 PolC-tO.11:00 P. lC,.and November 22, 1970, from 2:00 P.H., to 10100 P.N., on the St. Justin Nartyr Church Grounds, 2050 I/est Ball Road, was sub~Ltted and approved in accordance with City Council Policy No. 305, on wtion by Councilman Stephenson, seconded by Councilman Clark. HOTION '$R~f-~ ~ ~- il~R~I~. NOKiCIPAL ~OLF COULEE- .BOY SCOUTS~ Re- quest of Stellar Trails District, North Orange Council of the Boy Scouts o£ ~erica, ms suberltted 'for use of the Anaheim '~nicipal Golf Course for a ~hot~m~ Coif Tournament, on either Novmher 17, 8, 19, or 30, 1~0, to~ther with report of the ~o1£ Course Superintendent recom~endin~ dealal, on the basis that such a tournament would tie up the golf course, caus~ fin~cial loss to the-City and inconvenience to the seneral public. The City ~ar, recallin~ that Council Policy thus far, has beeO ~[ain~t totm~s~ats on the llanicipal Colf Course, with the exception of t~o resularly-acheduled ones in which the public is invited to parti- cipate. Re su~ested such a tournament would be better played on a pri- vate course. At the invitation of ~layor Dutton, Richard Herzberg, 503 South ~ilb~rt Street, representtn~ the Boy Scouts-, Stated he believed the Scout- l~ pro~r~ should be eneour~d since it :helps train boys to 'be $ood citi- zens, rath~ than the type ~o caused' the disturbance at the Anaheim Con- 70-591 City llall. An~etm. galtf, ornia - ~I~I~]IUTBS - November 3, 1970, 1:30 P.M, ventton Center on llmmnber 1, 1970. Mr. Harzberg stated the economic situa- tion of the nation today ·leo has been reflected on the money available to charitable organizations, and the proposed golf to~nament is an attempt to raise funds for the Boy Scout Organization to help alleviate a serious fin- ancial situation faced by the organization. Another purpose of the proposed tournament would be to give recognition to citizens of the community who have given,~reely of their time and effort in supporting the Boy Scout Program. Councilman Pebley advised Hr. Herzberg that every member of the City Council is a suet·thins member of the Boy Scout Organization; however, if their request was granted, similar requests ~rom other organizations, such as Little League, would have to be approved. Mr. Herzberg stated th·t, while the Boy Scouts are supported almost entirely.by voluntary contributions, organizations such as the Little League, are self-sustainin~. Councilman Dutton stated that a different policy probably could be adopted when the proposed new municipal golf course in the Canyon area is com- pleted. Mr. Fdirdoch suggested that, since one of their requested dates is on a Monday, which normally is a slow day for private golf courses, arrange- ments possibly could be made to hold their Tournament on one of the private goIf courses in the ·re·. He also suggested that perhaps a regular tourna- ment, which would not tie up a whole golf course as much as a "Shot-Gun" Tour- nament, would be easier to arrange with a course. With regard to public inconvenience, Mr. Nurdoch st·ted that, al- though Mr. Herzber$ had indic·ted the proposed tournament would be open to the public and, therefore, nobody would be barred from the course on that day, the Scout organizattonwould be chargin~ a larger fee than normally charged, and this would, in essence, cause some discrimination. Councilman Clark asked if the Scout organizationwould be willing 'to change their tournament to regular rotation play, rather than "Shot-Gun" play. George Cowden, 520 Archer Street, Scout Executive, advised the Scout Organization would be willing to chan~e the type of tournament to regular ro- tation play. Hr. ~rdoch su~stad the availability of other courses in the com- munity be checked first; if such is not practical, that the Scout Organiza- tion again discuss the matter with the Anaheim ltmicipal Golf Course Superin- tendent, to ascertain if something could be worked out. Willim.Eilers, 1501Westcliff Drive, Nevport Beach, in the aud- teac· for another agenda ite~, advised his recent experience with a "Shot- Gun'* tournament at Irvine Countr~ Club, indicating the event had little ef- fect on the regular play for that day. Mr. Nurdoch said he ~as not optimistic about the availability of the Anaheim l~micipal Golf Course for even a regular rotatin~ tournament since there is exceptionally heavy play on that course Just about all the ti~e, and a~ain suUested · private course would be more appropriate. In answer to Council]Mn Stephenson, Mr. Cowden advised there pres- ently are 72 pereons who have indicated · desire to participate in their proposed tournffaent, at · coot of $15.00 each, which would include supper. 70-592 Cit¥ Hall, Anahe~n, California - COUNCIL MINUTES - Nove~.er 3, 1.970, 1:30 P.M. Councilmen Thom and Clark indicated they would be in favor of allovin~ the tournament on a regular, rotating basis. , Councilman Stephenson suggested Hanasement investigate further, to determine whether such a tournament would be practical. In answer to Councilman Clark, Hr. Covden advised that private golf courses had been approached for their tournament, but their costs presented a problem. Hr. Nurdoch advised that if the Councildesired to give 'a pre- ference to a group to play on the golf course, a regular, rotating ~tour- nament could be vorked out; however, this would mean keeping other people off the course. Councilman Stephenson moved to deny such a reqaest. Council- man Dutton seconded the motion. Hr. l~urdoch advised he would be willing to york with the ~olf Course Superintendent regarding a determination as to the physical pos- sibility of such a golf tournament if the Council wished to broaden its policy to include tournaments along with regular play. He also advised he ~ould work with the Scout Organization in an effort to secure the use of a private golf course for their tournament. Councilman Stephensonvtthdrew his motion to deny said request. Councilman Dutton withdrew his second to the motion, On motion by Councilman Pebley, seconded by Councilman Thom, said request was referred to the City Nanager to check with private golf courses, and if none are available, to again check with the Anaheim Muni- cipal Coif Course Superintendent, to determine if a tournament on a week- day, on a rotating basis, might be held without excessive restriction on the general public and. normal play.' NOTION'CARRIED. R~C_t~SIFI_C~TION l~OS, 68-69-63` 68-69-22 A~D 68-69-9 - ~T~.~ c~S~: aeques~ of ~s. ~n ~lard, o~er of property covered under Reclassification Nos. 68-69-63 and 68-69-22, located in an area bounded by Lincoln Avenue, ~S- nolia Avenue, Stinson Street, and a point 600 feet south of Lincoln Ave- nue, vas su~itted to c~st~ct a ~all closing of[ an eas~-~est public alley, runni~ helen ~plicant~s ~ properties, ~ich connects a north-s~th alley s~atin8 the western boun~ries of ~plican~s pro- perty ~d pr~erty c~er~ und~ Reclassification ~. 68-69-9~ ~Also sub- mitted ~s r~ort of the ~elo~nt Semites Depar~ent, rec~ndi~ d~tal on the basis t~t the alhy vas requir~ to pr~ide the access ne~ed to se~e these d~lo~nts. On motion by Councilman Clark, seconded by Councilman Thom, said request was denied. HOTIONCARRIND. At the invitation of Nayor Dutton, Nfs. Ann Ballard, 131 South Na~nolia Avenue, Applicant, addressed the Council. Nfs. Ballard contended there vas no need for the alley separat- in~ her t~o properties to connect with the alley at the west boundary of her property, since access to the property covered under Reclassifica- -rios No. 68-69-9 vas available from Lincoln Avenue. 7O- 593 City Hall. Anaheim. California - CO~IL.HI]TOTES-- Novembe~ 3. 1970. 1:30 P.H. ~rs. Ballard asked .th·t, if her request to close the alley is de- nied, sc~e alternate proposal be made to cut down the traffic through the alley. Upon Council~an Dutton's adet~ Chat the alley ori$tnally was instal- led to alleviate access and drainage problems, Mrs. Ballard stated she had purchased the property from the-developer and had only learned of the drain- age problem subsequent to sub~ssion of her request. She ~urther stated that, prior to submittin~ her request to close the alley, she had attempted to have bumper strips or speed limit signs installed in the alley and had been denied these requests. In reply to Councilman Pebley, Zoning Supervisor Charles Roberts advised it would be possible for tenants of the motel situated.,on the property covered by Reclassification No. 68-69'9 to gain access by Lincoln Avenue; how- ever, this ~ould put an added traffic burden on Lincoln Avenue. He further advised the Develop~nt Services Depart~aent had recomaended at one time that a full street be provided in place of the alley that Mrs. Ballard was now re- questing be closed. In answer to Councilman Stephenson, the City Engineer advised that alley in question is 20 feet wide, with garages set back an additional five feet on either side of the alley. The Traffic Engineer was instructed to investigate and report back to the Council possible alternatives to the solution of the problem reported by Mrs. Ballard. i~S~CA~I(I~INO. 68-69-20. V~E ~O. 2027, TEIffATIVE TRAC~ I~P NO, 6717, REV~I(~qlIO. 2 - EX2~NSX0~ OF TXNZ: Request of C.J. ~e~el, ~acal Engineeri~, was ~tted for a on, year extension of ci~ to Tentative ~act ~p No. 6717, R~tst~ ~. 2, CoKether ~Ch report nE the ~velo~ent Services ~- parent rec~ndi~ that a ~year extension of ti~ to Reclassification ~. 6~6~20 be ~ced, subject co developer plus bein~ re~ewed and ap- pend by the Ct~ C~nctl, prior to the issu~ce oi a buil~inS pe~C; ho~ e~r, ~t a ~te~nation be ~de as to ~eCher 5,00~square foot lots fall ~thin the inter o~ the l~d~sity character desired ~or the area before ext~sions of tt~ are ~ted for Vari~ce No. 2027 ~d Tentative ~act ~p No. 6717, ~si~ ~. 2, ~h ~esti~ also vas raised by the City Engineer's repot ~d rec~ndatt~ as a criteria to be considered prior Co ~proval of ~ ~e~t~ of t~ to Tentatt~ ~act ~ No. 6717, R~ision No. 2. Councilmen Dutton stated he understood previous Council Policy and the C, eneral Plan indicated bsatc 1nv density in the Canyon area, bearing in mind, hoverer, that there vere certain areas that lent themselves to a little higher density, sc~e even for ~obtle home parks. The City P~aa~er a/vised that so~e confusion exists as to Just what the situation is re~ardin~ laml use, and particularly densities in the Canyon are·, and there have been indications that the City Council and City Planning Coemission have differing ideas in that regard. He reco~aended a Joint meet- ins of the City Council and the City Planning Conmtssion be scheduled to dis- cuss the subject and deter~ina a policy. Councilman Clark stated'he believed the Council's Policy, as indi- cated by previous decisions, ns to maintain a basic low density in the Can- yon area, with su~a ~r densities where appropriate. Nr. Mardoch advised such vas indicated by the Council[ however, reco~atio~ sabaitteg by the City Planning Comrlssion indicate their be- lief is to~rA~ co,plate lo~ density in the area. Mr. Mardoch stated he helievedt2~eCity pla~tn~Cos~sSion's previous action reconmendtng R-2-5,090 as'~tate for the F. rae~er property, in the event the land was not acquired ~ a re, in,si park, had been reversed by their subsequent recomaeadaf, toas that law ~ity .be maintained throughout the Canyon. Mr. Nardoch referre~ te· R~olutton adopted by the Council at the time C-1 zontn~ vas requested f~rr ~rty in the PeraltaHtlls area, which stated: '~hereae, r~stdeats of Veralta Hills and Santa Ana Canyon were assured prior to 7O- 5 9z~ City ~all, .A~hel~, California .- C .O~CIL HIKOTES - Noveeber ~, 1970, 1.:30 P.M. their annexation by the City o£ Anaheim, end have been reassured subse- quent to annexation that this area of Anahei~ would be maintained as o~e of the finest, low-density areas in the City,-end it is the duty of the City to retain the residential inte~rity of the Peralta K~lls and Santa Aha Canyon area in accordance with land use policies established by the C, eneral Plen; ........ " He added that the assurance $iven to the Presi- dent of the Peralta Hills Homeowners Association, prior to annexation, pertained to the Peralta Hills area only. ZoninE Supervisor Charles Roberts advised he believed the recom- mendations by the Development Services Department and City PlanninE missionweremeent to indicate a general desire for low density in the Canyon area, recognizing that there would be some areas better suited to higher density. The City Attorney reported that granting an extension of time to the subject Tentative Tract would also require an extension of time to the Reclassification end Variance. On motion by Councilmen Dutton, seconded by Councilman Thom, a one-year extension of timewas granted to Reclassification No. 68-69- 20, Varience No. 2027, Tentative Tract No. 6717, Revision No. 2, subject to development plens betn~ submitted to, reviewed end approved by the City Council, prior to the issuance of a building permit. ~OTION CAR- S~$~QN ~F~TH T~ C~ P~ COI~ISSION - CA~YON ,AR~.; The City ~ana- ger was requested to set up a work session for the City Council and the City Plannin~ Co~mission at the earliest possible date, to discuss and determine Understending of policies relatinE to the Canyon area. A~S~ DEVICES PEB2KT~ Application filed by Robert S. Casteel, as A~ent for Almont ~oods, for amusement devices permit to allow one coin-operat- ed pool table at 1900 Almont Avenue, was submitted and granted subject to prov~sions of Chapter 3.24 of the AnaheflnHunicipal Code, as recom- mended by the Chief of Police, on motion by Councilmen Stephenson, secon- ded by Councilman Thom. I.K)TIONCARRIED. ~EN~ T~qCT$. IiiPSNo~ ~427, REVISlON NO. 7i 5827, RI~VISIONNO. 3; AND 782~- (VAKIARCE NO. 2205 - DEVELOPI~I~T PLANS): Developer - The Colwell Company. Property located on the north end south sides of Riverdale Avenue, east of Bluerock end Sweetwater Streets, and contain: Tentative Tract No. ~27, Revision No. 7 - 41 proposed R-1 zoned lots. Tentative Tract No. 5827, Revision No. 3 - 48 proposed R-1 zoned lots. Tentative Tract No. 728~ - 41 proposed R-1 zoned lots. Zoning Supervisor Charles Roberts presented for Council review, development plans for said Tentative Tracts, as requested by Council ac- tion on October ~0, 1970, end advised that the City Plannin~ Comn~ssion, at f~eirmeetin~, Novmeber 2, 1970, had recomsended approval. On questioning by the Council, ~r. Roberts stated that the 1,500 to 1,658-square foot homes proposed on the plans submitted are identical to the homes in the subdivision i~diately adjacent to sub- Ject property and, in his opinion, were nice appearinE and of superior quality, as compared to the smaller homes built by Holstein in the area. On ~otton by Councilman Clark, seconded by Councihaan Thom, development plens~ad elevations for Tentative Tract Naps Nos. ~27, Re- vision No. 7; 5S27, Revision 'No. 3; end 728~ were approved as sub~tted. 70- 59.5 City ~_a!l, ~.~Im. California - COUNCIL _NII~ITES - ~~. 37...19~O,. !:.~P,M. ~CESS: ~u=il~ Stephenson m~ed for a lO-~nute Recess;'-'~ci%~ clark seceded the ~tton. ~I~ ~D. (3:20 P. ~ ~C~S: ~yor ~tton calhd the meeti~ to order, all ~r-m~ .of~.th· C~ Cou~fl be~ present. (3:35 L~). ~SO~I~ N0. 70R-528 - A~ OF ~ ~D~ NO. 559: [n acc°rd~ce ~th rec~ mendat~s of the City E~ineer, C~nCil~ ~ offered Resolution No. 70R- 528 for .ad~tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE' CITY OF ANAHEIM ACCEFT~ A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BID!~R F~ TBE FURNI~I~ OF ALL PLANT, LABOR, SERVICES, MATERIALS .AND EqUIP~g~T AND. ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATglt, AND PERFORM- INC ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: TME ORANGEWOOD AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 135 FEET EAST OF SPINNAKER STREET TO SPINNAKER STREET, IN THE CITY OF ANA- HEIM, WORK ORDER NO. 559. (Sully-Miller Contracting Company - $6,478.00) Roll Call Vote: AYES: COUNCIL~: NOES: COUNCIL~N: ABSENT: COUNCIL~q~: Clark, Stephenson, Pebley, Tho~ and Dutton None None The Hayor declared Resolution No. 70R-528 duly passed and adopted. RESOL[!TX~ NO., 70R-529 - AWARD OF ~ORK (~,DER NO~ 60kB: In accordance with recom- mendations of the City Engineer, Councilman Pebley offered Reso. lutionNo. 70R- 529 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TBE CITY OF ANAHEIM ACCEFTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDI~ FOR THE FURNISHINC OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUiFNENT AND ALL UTILITIES AND TRAh'SPORTATION, INCLUDING 'POWER, FUEL AND WATER, A~D PERF(~ ING ALL WCRK NECESSARY TO CONSTRUCT AND CO~LETE THE FOLLO~ PUBLIC PROVEMENT: THE IMPROVEMENT OF CROWTHER AVENUE EAST OF OXF0~D ST~. IN THE CITY OF ANAHEIM, WORK ORDER NO. 601-B. (E.L. White Co., Inc. - $25,4!1.'71) Roll Call Vote: AYES: COU~C~N: RO~S: CiMI~~: ABSENT: COUNC rLI~N: Clark, Stephenson, Pebley, T~ and Dutton None None The Mayor declared R~solution No. 70R-529 duly passed and adopted, RESO_!!rfI~ NO, 70R-530 - ~)RK ORDER NG. 604: Upon receipt of certification from the Director of Public Works, Council~an Dutton offered Resolution NO. 70R-530 for'adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAt'.IIi FINALLY ACCEPTINC THE COOl'Ii'liON tNB T~ FURNISHING OF ALL PLA~, LABOR, SERVICES, MATERIALS AND Eq~LPI~NT AND ALL UTILITIES AND TRANSPORTATION INCLUDING PO~, FUEL AND WATER, AND IIiE pERFORMANCE OF ALL WORX NECESSARY TO CoNSTRucT AND COHFLETE THE FOLLOW- ING PUBLIC IMFROVEI~IqT, TO WIT: TBE IMPROVE~RT OF LOARA ST~ET,. FROM APPROXI- MATELY 660 FEET NORTH OF BROADWAY' STREET TO BROADWAY STREET, IN THE CITY OF ANAI~IM, WORK ORDER NO. 604. (Universal Asphalt Co., Inc.) Roll Call Vote: 70-596 City Hall, AnAhe~_ml Califor~ta- cOUNCIL MINU~S'-.NOvember 3. 1~70. 1.:30 NOES: C~: ~e ~ '~SK~: C~C~: None The Mayor declared Resolution No. 70R-530 duly passed and adop- '" ~'~ ;~ed. P~soLuT~0N NO, 70R-53.1 - I~D~ OF EASEMENT; Council~' PebleY offered ~e~Olu- tion No. 7OR- 531 for adoption. Refer to Resolution Book. A.,F~sOLuTION OF THE CZTY 'COUNCIL OF THE CITY OF AII~i~:~~ CEHTAIII '~-~ 'DE~DS AND 'ORDERING THEIR RECORDATION. (J~S' pj and Fhylits J. C~wf~rd,'.Marilyn Rosers Mason, Hildred J~ Ferrell,~.Pter I I~orCs of '~s ~nge'les, COastwise Investment Co. and Orange DeVelop~t Co.;' Inc., L..~ ~hateau F~.J0~c'a, 'Jeffars°n investment Afl[ii.ares & Claude A. S~erwood, Nor' gaSt~'Plaza, 'L.T.D.) Roll Call Vote: AYeS: COUl~ ILI~N: NOES: COUNCil: ABSEITf: COUI~II,HEN: Clark, Stephenson, Pebley, Tho~ and Dutton None None The Mayor declared Resolution No. 70R-531 duly passed and adop- ted. CLAIMS AGAINST ..THE. CITY~ The foil°Wins claim was denied', as recoe~ende~ by '~ ~he'Ctty'A[torney, and ordered, referred-~o ~he insurance cari~er, on motion by Councilman Clark, seconded by Councilman Pe~leY: a. Claim filed by Carroll and Rosta~no, Attorneys at Law, on behalf of David MaLelland, for purported personal injury p'arki~:tot for a "~blic Vehicle ~rt" ~as c~tt~ fr~ the' ~ettn~ off October 13, 1970, at ~he request of the ~'ets ~er of C~rce, and ~. J~s C~le, to pr~de further investi~a~im ~ study the i~act such an activity ~uld have on the ~tm c~ dealers. ~e City Clerk no,ed corresp~dence recel~ since ~he ~r 13~h ~e~ins ~[ch was d~licated and ~mish~ e~h ~=il ~r. Also ~~ed ~d r~d ~ a le~er received ~hts d~e f~ ~he ~ahet~ "~r %f ~rce, deferr[ns ~heir post~ion ~o ~he ~~ ~eim ~btle ~alers. ~sociation. -~%[ons, ~%'t' of ~ch a~ directed t° con~r p~teC'~.l~"~ safety. 70-~97 City Hall,. ~n~beim, California - COUNCIL HIHUTES - November 3, 1970, 1:30 P.H. He also noted that the operator did not plan to obtain a dealer's license, and he doubted that the Depar~nent of ~otor Vehicles ~ould permit the selling of cars'without the responsibility of a licensed dealer. He stated that the law requires every used car sold to have a cer- tificate from an authorized Inspection Agency, certifYing that the require- ments of the Smog Control Act have been met. In addition, there must be seat belts, side-view mirrors, safe brakes, etc.; for all these requirements, some- one mist be responsible and that is the licensed dealer. If and when sale of a stolen car is discovered it is the licensed dealer who must refund to the buyer the purchase price.paid for the car. Hr. Steffy further reported that the law requires all automobile sales~aen to be liCensed, and this can only be accomplished through a licensed dealer. Regarding the estimated revenue, lit. Steffy felt it was inflated and highly optimistic. As to the sales tax, he advised in any event the City of Anaheimwo~ld receive their portion of sales tax on any transaction within the City. Regardin~ the maintenance work estimated at $2,500.00 per month, 10% of which would revert to the City, Hr. Steffy stated it was his under- standing that a garage would be brought onto the property to handle work that would not be at the option of the owner. This could result in a minimum of work performed and a loss operation. Hr. steffy reported on therelative quick-cash sales made and the possible.delays in obtaining Smc~ Control Certificates, financing, etc. He seriously doubted that-the Department of Horst Vehicles would provide neces- sary personnel to handle transfers over a weekend, and under these circum- stances, felt a provision would be needed whereby the people could come back to cons,~te the transaction. He further felt this would not be done, that the seller and buyer requiring financing, etc. would complete the transaction in his home area, reminding again that Anaheim's portion of this market sales tax would come to the City in any event. Hr. Steffy was of the opinion that a more realistic estimate of re- venue to the City would be approximately one-half of that projected, or five thousand dollars, of which-there would be the expense of parking lot atten- dants, maintenance, etc., resulting in practically no income at all to the City. Hr. Theodore E. Schafer, 2068 Lida Lane, Anaheim, Chevrolet dealer in the City of Garden Grove, referred to his letter previously sent to the City Council, and advised that in checking with the Department of Horst ve- hicles this would be completely against their Code, as they close at 5:00 P.l~ and are closed on weekends. In addition to the laws reported on by lit. 'Stef~y, Hr. Scha£er'noted that the dealership must be bonded for sales tax revenue, and also felt the City of Anahetm vould lose on the proposed acti- vity. Mr. Harvey Hiers, Executive Secretary-Hanager of the Horst Car Deal- ers of Or~ee County, advised of le~al contacts made,including those in Sacra- mento, regarding the proposed Vehicle ~drt, and stated it vas their opinion that their dealers .oouldnot participate in this operation. .Hr. Hier8 presented a sauple of an application for occupational li- cense, required by every dealer, noting that there must be a separate loca- tion end a separate address. 'He questioned how the Stadium could be ~bd~d into 1,000 separate addresses to accommodate a swap-meet or meet the ~ehicle Code requirements for licensing. Hr.Hters then submitted a sample of another report concerning New Vehicle Report of Sales Books which have been stolen. He reported that the various law enforcegent a~encies are concerned as to what would happen should this operation b'e approved. 70-598 ~ty ~gall, A~_~beCm. C~].~.fora/a - OOUN~TL ~NUTES - November 3. 1970. 1;30 P.M. Regerdtag.the Proposal, Page 3, Line 6, and Page 7, Item No.7, Nr. Hiers advised ~hat the Department of Notor Vehicles will not.perti- cipate, ~urnish boo~hs, personnel or supervision to assist this opera- tion or any other operation of this nature; that the operation must go through all regular channels. Regarding estimated.revenue, Pages 7 and 8, in hie opinion and that of their membership, the estimates are entirely unrealistic and a~ore realistic figure would be approximately 20% of that projected. Nr. Hiers stated that, in the opinion of their membership, rep- resenting 127 dealers, their investments and the businesses they have es- tablished ~mst be protected. In conclusion, Nr. Hiers again called attention to the probable police problems and the detrimental effect to the City of Anaheim, and thereupon urged the application be denied. Nr. Carl Selersen, Applicant, advised of the presence of his Attorney, Nr. William Eilers, for the purpose of answering any questions raised. ~r. Seiersen reported that since the last meeting on this is- sue, there have been over 4,000 private citizens advertising the sale of their automobiles in local papers. He advised that in 1969, in the State of California, 1,291,388 use tax receipts were issued on used cars, and 1,438,200 dealers' reports of sales were made, wh.ich proves that the people are able to transfer title of sales themselves, and further proves that this business exists and is not something that will be discontinued. He advised that he proposes to assist these people who are already buy- ing and selling among themselves, and that financing is presently accomp- lished by private individuals, and not necessarily through an automobile dealer. He failed to see how 50 to 100 days out of the year, assisting private automobile owners, could create a problem for a dealer. ~r. Setersen requested a decision on the proposal today and fur- ther advised that the question is not whether there will be a public ve- hicle mart, but in which citywill it be located, and who will receive the parking and rental income. He stated that he has been invited to es- tablish the business in another substantial-Orange County city, but pre- ferred Anaheim. However, if he cannot establish the business in Anaheim he will still be in business because this has already started, as evi- denced by an ad of "Auto-Hatch" in Arcadia, currently offering, franchises for a similar idea wherein buyer meets seller through a computer system. The idea, he stated, is in strong demand. In conclusion, }ir. Seiersen assured the City Council that all automobile dealers, whether new or used, were welcome to display their vehicles wherever they finally locate. Nr. Eilers, in answer to question raised by Councilman Stephen- son, advised that any automobile dealer with an established place of busi- ness and branches at other' locations can sell at the other location, as provided by the Vehicle Code. In his opinion, a dealer could obtain a branch license for the Stadium location. -He noted that there is another provision in the law whtch allows dealers to display, exhibit or show their cars and advertise and solicit at a fair or mart where buyers and sellers get together; that they can do everything e=ept cons~ate the sale. Nr. Eilers stated that ~r. Seiersenwas not a dealer or seller, and the proposed business was in no way illegal, as he is simply leasing property, making it available to buyers and sellers. He is not licensed, nor does he propose to be. Council~anTho~ stated it wasnot so much the legality of the OPeration that concerned him, but the responsibility to the business men who have,ads a substantial investment in land, buildings and equipment to ?0- 599 City HAll. Aatho~..'Califol~$.~ - ~ NIHUTES - November 3. !~70. 1:30 P.M. operate uotor vehicle asante; In ~his case, it would be a third partly usin~ alrosd~developed' City proper~y, rentins to someone else, and his concern was how ~hts mlSht'hurt the lesit-inate, established automobile dealer; his prime objection beins that ~his concerns government property. Mr. Etlera, aS _sU~.,n~ one ~Ss opposed to honest.c ~oUpetition, felt no SToup shoUld_be protected ~ou. said competition, as compe~t-Ciou, in sener- al, benefits the PUblic. Councilman. Thom advised he vas not inJecttns competition, and would have no objections on votin~ on the issue if it did not involve publicly- owned proper~y. Councilman Pebley called attention to the requirements and site de- velopment standards necessary to establish a business in the City of Anaheim. councilman CLark also felt' that the issue involved was that the pro- posed location was City propert-yvhich, if approved, would be in competition with private land owners and taxpayers. Mr. Eilers responded that the City, per se, would not be involved. Regardins competition, he called attention to the municipally-owned golf course, and asked if that was not in cceepetition with privately-owned $olf courses. Councilman Pebley restated his position, in that to establish a bus/mess requires a substantial expenditure to meet building codes, zoning codes, and site development standards, and in this instance, the same acti- vitywould be allowed without requiring what has been required of all others. Mr. Eilers-again advised that Mr. Seiersen will not be a dealer, and further that dealers establishing businesses in Anaheim obtain something from their investment in the way of a dealership that ~aes with a particular type of automobile. Councilman Clark felt there was no comparisOn between a golf course and an automobile dealer. First, there is no objection to the building of a municipal, self course, and it is heco~Lng a necessity to build municipally- owned self courses to preserve open space, as privately-owned courses, as land becomes scarce, are fast [alltns away to other development and uses. In this case, to him the need has not been established, as the citizens can be accommodated in extstin~ dealerships. Mr. Etlers again referred to the many private citizens endeavoring co sell or buy, and pointed out that the dealerships do not take care of all this business and that their proposal offers a place with proper controls where people can get tosether to buy and sell. Hr. Ste2~y aEain addressed the'Council, noting that under the pro- 'pOsed pro,rom the City would be provtdin~ a tremendous fsciltty, free of charge, in that no specified ren~ is e~tablished in the proposal and, in ad- dition would be lendin~ the CitY's nm to this operation. Councilman Dutton stated he did not favor government in business anymore ~hsn no~osssry, howg~ert he noted instances where there have been certain inconsistencies, such as in the taxicab business, mnbulance services, and the proposal currently bd4~_n~ considered to lease City property for a ho- tel complex on which t/Mrs will he a substantial return to the citizens of Anaheim. He.also noted that the subject proposal provides for no suaranteed return to the City, end as to the Stadium, he did not believe it was losing mone~ as it is an investment'in the future. COuncilman Stepheneon was of the opinion that the Stadium was con- strutted for entertainment, and not fog competition to private enterprise. At the co~cluelon of the discussion, Councilman Clark moved chat the proposal ~o ~ Cb Andmtm Stadium perkins lot as a Public Vehicle Hart be denied. Councllm~ l~bley seconded the motion. I~TIGH C~P~RT~D. 70'600 Citw Rail. ~h-~-- C~ltee~_~ ~_- ~~ ~;; - ~er 3. 1970. 1:30' ~.~ ~~-- ~ ~~ ~.~~: ~on rec~ndatt~ of the City ~, dt~lli~' ~~ ~' ~e~nt ~or data processt~ of nrrants ns ~~ 'to ~~ 10,"19~, to all~ for receipt of a r~rt by the nance ~rect~. Councilm~n Pebley left the Council Chmnbers, (4:45 P.M.). I~SOLUTZ(~ RO. 70R-532: Cov~t~ Dutton offered R~solution No. 70R-532 for edop~io~o Refer to R~soluttoa Book. A RESOLUTIGH OF .THE CITY COUNCIL OF THE CITY OF AHAHE~H AUTHORIZINC AND DIRE~ THE ~AYOt A~D CITY CT~nK TO EXECUTE ~ COOPERATIVE ACRKE~ NO'. 2421-$1 WITH'THE STATE OF CALIFORNIA RKLATII~ TO CONSTRUC- TIOH OF STAD1UH OV~D. Roll Call Yore: AYES: NOES: ~ILY ASSENT: ABSENT: Clark, Stephenson, Thom and Dutton None Pebley None The Hayor declared Resolution 1/o.- 70R-532 duly passed and adopted. ~~: The followin~.correopondence vas ordered received and filed and the City Clerk we instructed to prepare for Council consideration resolutions-similar -to those of the City of Lon$ Beach, resardin$ utili- ztn$~ surplus military aircraft in fightin$ forest fires (Item a),and ,the City of Fullerton, re~ardtn~ landscapins alone the Orange Free~ay (Item b), on motion by CouncilmanThom, seconded by Councilman Dutton: a. City Of Lon~ Beach - Resolution No. C-20812 - Requesting the. League of Caliiornia Cities and the member cities thereof and'~ate and National Legislators to approve the program of utilizing surplus military aircraft tn f~Shtiu~ forest .fires. b. City of Fullerton- Resolution Ho. 5196 - Requesting the State of California, Dep.srtment of Public Works, to proceed immediately trtth planning, de~l~n~nd installation of landscaping alons the route of the Orange Free~ tbroujh the cities of Fullerton, Anaheim, Platen- tis and Brea. c. California Le~islature Assembly Conntttee on Transporta- tion - seartn~ Notice - The State Air Resources Board - Hovember 12, 1970, 9:30 A.M. d. California Legislature Assembly CceerLttee on Transporta- tion - Fuel composition.fed its role in air pollution - November 24, 1970, 9:30 i.Y, e. Before the C~vil Aeronautics Board - Los Angeles Airways, Inc. - for tesqM~fry:'f~op~.ff'lonof scheduled route service pursuant to Part 205 of theEc~¢R~!ations. £. Nl~ntu - J~ Public Library Beard - September 21,1970. $. MJAute~.- Go~Bunity Center Authority - October 5, 1970. ~~. .~IDIi~K~ Il0..2863: Council~en Clark offered Ordinance No. 2863 for adoption. ~I1~ TITL~ 18 OF ~a~ IHAN~IN (68-69-83 - C-l) Ioll Call Vote: 70- 601 City Hall. in,heirs. California - COO~CTt ~I...~S -. Nove~her 3, 19'70~ 1:.30 P.M. AYES: NO~S: -T~NPORARILY ABS~qT: ABS~T: CO~CIL~N: COUNCI~LI~N: COUNCILI~N: Clark, Stephenson, Thom and D~tton None Pebley None ., The Hayor declared Ordinance No. 2863 duly passed and adopted. OR~ I~0. ~5; Councilman Stephenson offered Ordinance No. 2865 for adoption. R~fer to Ordin~nce Booki AN~ OF TH~ CITY OF ANAR~INA~NDINCTITI~ 14, CHAPTER 14.56, SECTION 14.56.0~0 OF TH~ Alt~IN~I~ICIPAL CODE, RZLATItIITO TRAFFIC TURNINC~10VE~TS. (No Rt~ht Turn on Red - State Collese Boulevard and Via Burton Street) Roll Call Vote: AYeS: COt~CIL~N: NOES: COUNCIL~N: T~PORARXLY ABS~I~f: CO~CIL~N: ABSENT: COUNCI~N: Clark, Stephenson, Thom and Dutton None Pebley None The Mayor declared Ordinance No. 2863 duly passed and adopted. ORDINANC~ RO. 2866: Councilman Thom offered Ordinance No. 2866 .for first reading. AN ORDINAI~E OF TKE CITY OF ANAHEIM A~NDINC TITLe. 17, CHAPTER 17.08, ~CTI~S 17.08.534, 17.08.535, AND 17.08.536 OF TRE ANAHEIM MUNICIPAL CODE, ~ TO ESTABLISHINC RECULATIONS FOR DEDICATION OF LAND, PAY'~'NT OF F~ES, OR BOTH, FOR PARK AND R~CREATIONAL LAHD IN SUBDIVISIONS. ORDII~IqCE ~0, 28671 Councilman Thom offered Ordinance No. 2867 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AI~NDING TITLE 18 OF THE ANAHEIN HLrNICIPAL CODE RELATII~ TO ZONINC. (67-68-98(2) - R-2-5,000) ORDII~NC~ ~0. 2868: Councilman Thom offered Ordinance No. 2868 for first reading. AN ORDINAI~E OF THE CIT/ OF AILAHEIM A~D~ TITLE 18 OF THE ANAHEIM t~JlqICIPAL CODE I~%ATING TO ZONII~. (69-70-51 - ~-3) ORDII~ANCE I~0. 2869: Councilm~ Stephenson offered Ordinance No. 2869 for first readiu$. AN ORDINANCE OF THE CITY OF ANAHEIM A~NDINC TITLR 18 OF THE ANAHEIM ~NICIPAL cor~ ~ TO ZONINg. (6~7(~54 - R-A - Orange-Red Gum Annexation) .~RDI~ i~0. 2870: Councilman Dutton offered Ordinance No. 2870 for first read- AN ORDINAI~E OF TH~ CITY OF ANAHEIM AM~ND~ TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATll~ TO ZONINC. (68-6g-42 - R-2-5,000) Counciln~n Pebley returned to the Council Chambers, (4:55 P.M.). RE~LUTION NOt 70R-533~ Councilman Stephenson offered Resolution No. '70R-533 for adoption. Refer to Resolution. Book. & :~AI~ OF TR~ CITY COUNCIL OF THE CITY OF ANAHEIM AHENDII~, NUNC PRO T~I~, I~TI~ ![0. 70R-502. (Park and Recreation In Lieu Fees) Roll Call Vote: 70-602 Hall, An~eim, California, cOUNCIL MINUFES- November .3, 1970, 1:30 P,.M. AYE S: COUNCIII~N: NOES: COUHCII2~N: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Hayor declared Resolution No, 70R-533 duly passed and adopted~ ~.RESOI~UTION ~0- ?OR-5~ - ~SPERANZA-FAIRNONT ~T!O.N: Pursuant to author- ity granted by the Local Asency Formation Commission, Resolution NO. 158, Councilman Pebley offered Resolution No. ?0R-534 for adoption. l~fer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANABEIMAPPROVING THE ANNEXATION TO TIlE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS ESPERANZA-FAIRMONT ANNEXATION. (~ninhabited) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-534 duly passed and adopted. CON.C~ - COKv-ENTION CEN~R- .NOVEHBER ~,. 1970: Councilman Clark brought be- for the Council the Rock Concert held at the Convention Center at ~hich property damage and riot conditions resulted. He stated, in his opinion, the insurance required of the producers should not only cover damage to the property but expenses incurred by added police and other personnel caused by the problem created and generated by the shov coming to the area. Councilman Pebley expressed concern for the neishborins.busi- nesses that were required to close, and felt there was more to the prob- lem than sufficient insurance to cover repairs to the Convention Center property. Councilman Dutton called attention to con~nitments made that must be honored and advised that of the 39 concerts held, with 312,000 in attendance, 0nly a relatively few social misfits created the Sunday disturbance. He felt the situation should be thoroughly appraised,.and not acted upon hastily, as enjoyment of thousands could be spoiled by this-relatively few. Councilman Stephenson reported that he and Councilman Pebley went to the area and further reported on the situation, advising that, in discussing the problems with a liquor store owner in the area they were told that every time such a concert is held he is forced to close his store. As to our past fortunate experience, he noted the Stadium incident, and stated there is no amount of insurance that could cover a serious injury or death; that the source of trouble, in this case, was the Rock Festival. Councilman Stephenson further reported on the unlikelihood of obtaining assistance on mutual aid from the other cities, considering the cost to the cities, the d--~ge to their equipment, and the possibil- ity of some officer betns seriously injured. He stated City employees r_~qrked that they would never ~ork another such event, and that he, per- sonally, ~ould like to see this type of event stopped. Councilman Thom asked what would stop a SToup attendins a ball- game doins the same thinS, and accordins to this philosophy, would the City stop ballsam~s~ ... 7O- 6O3 City Ra11. ~-~ei~.' Califo.rula- ~ffF~_.rt )OWrl~$- Nov~er 3, 1970, 1:30 P.H. Councilman Stephenson raported on his conversation Sunday night with the (1~$e£ of Police of Fresno, ~here this type of entertair~ent had been reputedly tried, only to be finally banned. Hr. To~ Lie$1er, Stadiu~ and Convention Center Director, addressed the Ceuncil, expressin~ his concerns, the ~ain one bein~ the total .disrespect of the few to. the police officers and City employees who vere trying to help ~r. Li~ler advised of the problems in determinin~ those events ac- ceptable and stated that, in this screening process, many more are rejected than are accepted, and only .those vtth national reputation, as a security are selected, as they are trying to brin~ to the cv,.--dnity what the community de- sires, in 'a ~annor that befits the City. As to a recmmendation, Hr. Liegler felt he should give more time and thought to the situation in order to render a fair decision.as this issue requires serious evaluation. Nr. Lie$1er reported that a firm co=mitment has been made for Novem- ber 8th, When Charlie Frtde (country music) is scheduled to appear, and this is a different type of music. Re feared bannin$ "Concerts" in a general fash- ion, as the question is, What is hard core rock and roll? Councilman Stephenson stated that he vas referring to the rock and roll events that attract the hard-core element. Council~anThom advised he would be villins to vote on the issue at this ti~e if a definition of What' type of event likely to cause a problem could be ~ade. Apparently it is not the attraction, but the attendance at the attraction that creates the problems. Hr. Hardoch reported that the situation must be properly appraised on the basis-as to whether it vas the result of the concert itself, or whether it was an attraction of the concert of some people who did not have tickets to attend the shov. He noted there was no problem in entering or exiting the ~vent. ~r. Mnrdoch stated he has been recetvtn~ many reports, but has not had e~fficient time to revtev tttma. He also was concerned about the business com- munity as ~his was the first indication there has ever been any problem in this area. Concernin~ the event scheduled Nov_~mher 8th, Charlie Pride, llcLala, of 13FiZ Radio, told of maetin$ him and the promoters at a press con- fere~ce, and advised that he vas a former California Angel baseball player Who forged a musical group, Probably rated No. 1, as a Western performer and that his music 'was not rock and roll. Hrs. Betty 3. Narquardt, 1665 South Nutwood Street, mother of a girl t~e sweat, reqmrt~ that her dau~ter was told at school that some 2nterin~. This, in her opinion, ~e further advised that her start at 8:00 P.N., ~d ~en alre~y startS. ~e felt it a with all th~':~ Ir~e~rty, nothin~ is provided for teen-asers. Hr. ~d ~totereau, in mr to re~arks made by Nrs. Narquardt, re- ~td ~'~ ~t~ a t~ '~ dm~dr a~ssto~, ~d that .no event is ever ~d.: ~t~srztmr, this swat was advertised over the radio and through local '~e'ior a s~th, to start at 7:30 P.M. This vas purposely done, and t~e b ft~ed at that .ttsm, due the :next day being a school day. Mr.' S~.~howher .da~hter might feel should the Council lire. ~t re, lied that she would not like it at all, and that it mmld b~ .& ~~e. ~ ~o' emi be giving., in to an eis~ent that did the tre~b, k ~mrtlaar a~tged that, in her opinion, there should 70-604 City Hall, Anaheim, California- COUNCIL MINUTES- November 3, 1970, 1:30 P.M. have been an announcement that there had been a disturbance and the pol- ice were outside as this came as quite a surprise to her daughter. Councilmen Stephenson and Pebley both confirmed the fact that the announcement was made both in and outside of the buildin~, and the youn~ people were instructed to go directly to their cars and leave the premises. Councilman Stephenson advised that mutual aid could not be ex- pected to an event where charges are made by the City for a profit, which results in a riot ~ituation. Mr. Liegler again reported that for every concert booked there are approximately 20 disapproved; that they first consider the reputation of the producer, who has some control of the talent; next, the talent must be nationally reputable. This information is interchanged, and when a concert runs into difficulties, such as non-payment of bills, or causes a disturbance, that information bein~ interchar~ed would eliminate them being booked at this facility. Mr. Gordon Fisher, Manager of the Waikiki Hotel, reported that he was presently makin~ a survey as to the effect these events have on local businesses. He stated that news of such disturbances are trans- mitted immediately all over the world, and at 1:30 A.H. he received can- cellation of reservations from London,England, for a tour group coming to Disneyland in the latter part of November. They had just heard about the disturbance, and as a result, planned to stay in Los Angeles. Mr. Fisher further advised that his glass insurance had been cancelled, and upon further inquiry by the Council admitted cancellation occurred prior to, and not as a result of subject disturbance. At the conclusion of the discussion, it was agreed that a thor- ouch analysis be made prior to further COuncil action. 'ADJ~NT: Councilman Pebley moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. ADSOURNED: 6:05 P.M.