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1972/07/05City Hall. Anaheim. California COUNCIL MINUTES July 5. 1972. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton ABSENT: COUNCILMEN: Pebley PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Edward Granzow ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. 72-441 FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council meetings.held June 13 and June 20, 1972, were approved on motion by Councilman Stephenson, seconded by Councilman Thom. Because of absence, Councilman Dutton abstained from voting on approval of the Minutes of June 20, 1972. MOTION CARRIED. VOTE OF CONFIDENCE K. MTRDOCH AND T. PIERSALL: Councilman Thom stated he would like to change his vote from "aye" to "no" on the motion of June 27, 1972, declaring a vote of confidence for City Manager Keith A. Murdoch and Direc- tor of Public Works Thornton E. Piersall relative to a requested Grand Jury investigation into the personal holdings of these two City officials. City Attorney Joseph Geisler advised that, although the vote of June 27, 1972, on this matter cannot be changed in the records, Councilman Thom may at this date request the record to show that if the vote were to be taken at this time he would now vote "no." Councilman Thom thereupon asked that this declaration be spread upon the records of this meeting. Mayor Dutton again noted the seeming willingness of some citizens to follow the lead of newspapers which are attempting to accuse, try and convict persons without the benefit of or waiting for investigation by the District Attorney, Attorney General or Grand Jury. He noted correspondence received from the League of Women Voters of Anaheim Garden Grove requesting the City Council unanimously authorize a City investigation of the allega- tions printed about Mr. Murdoch and Mr. Piersall. Mr. Dutton stated that in his opinion it was inappropriate at this time for the City to make any investigation of its own due to the fact that the matter has been turned over to the Grand Jury; following that, the City, through the City Attorney's office, will answer the allegations that have been made. WAIVER OF READING ORDINANCES AND RESOLUTIONS Councilman Stephenson moved to waive the reading in full of all ordinances and resolutions, and that con- sent to the waiver of reading is hereby given by all Councilmen unless, af- ter reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Thom seconded the mo- tion. MOTION UNANIMOUSLY CARRIED. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,027,348.89, in accordance with the 1972 -73 Budget, were ap- proved.' PUBLIC HEARING CONDITIONAL USE PERMIT NO 1310: Submitted by Stuart D. Noble, to permit a real estate school in conjunction with an existing real estate office on C'.0 zoned property located on the south side of Ball Road, east of Harbor Boulevard, with waiver of: a. Minimum number of required parking stalls for a school. (6 provided 42 required) The City Planning Commission, pursuant to Resolution No. PC72-97, denied said conditional use permit. Citv Hall. Anaheim. Caljforrja COUNCILJIINUTES July 5. 1972. 1:30 P. RESOLUTION: Councilman Thom offered a Resolution for adoption, granting Conditional Use Permit No. 1310 for a maximum number of 30 students for a period of one year, dependent upon posting. Bali Road "No Parking." The foregoing Resolution failed to carry by the following Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Mayor Dutton declared said Resolution failed to carry. RESOLUTION NO. 72R-275: Councilman Dutton offered Resolution No. 72R-275 for adoption, denying Conditional Use Permit No. 1310, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1310. Roll Call Vote: Thom Sneegas, Stephenson and Dutton Pebley AYES: COUNCILMEN: Sneegas, Stephenson and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. TRAFFIC CONDITIONS VARIANCE NO. 2144: Request for investigation of traffic conditions and on the west side of Euclid Street, south of 2144.) 72 -443 72R -275 duly passed and adopted. of James H. Oliver was submitted development of a vegetable stand Cerritos Avenue (Variance No. Also submitted were reports of the Development Services Department and City Attorney's office relating the history of this activity and require- ment not yet complied with, together with report of the City Engineer recom- mending: 1. Euclid Street be improved by widening and installing improve- ments through the presently unimproved area, south of Cerritos Avenue. 2. The existing span wire traffic signal at the intersection of Euclid Street and Cerritos Avenue be replaced to provide standard signali- zation. The City Clerk reported two petitions were received one, pur- portedly containing 48 signatures requesting either a red curb or" "No Parking" signs from the northwest corner of Euclid Street and Cris Avenue, north to the vegetable stand, the second petition purportedly containing 96 signa- tures requesting the City acquire by purchase or condemnation the necessary right -of -way to install a more efficient traffic signal system at Euclid Street and Cerritos Avenue. Councilman Dutton noted that Variance No. 2144 for the vegetable stand, granted for a three-year period, expires February 24, 1973, and thus continuation of this business will be investigated at that time. The Mayor invited the Petitioner or his representative to address the Council. Ray White, a resident of Cris Avenue, asked that either the curb- ing be painted red from the northwest corner of Cris Avenue and Euclid Street up to the vegetable stand or "No Parking" signs be posted along that street to eliminate the traffic hazard caused by cars and trucks, some with "Her- man's Produce" signs, parked there. He contended employees of the vegetable stand park along the street in order to leave the off street parking spaces for customers. City Attorney Joseph Geisler advised that, if necessary, the City Council could discontinue the operation of the produce stand since the re- quired dedication has not been made, and then the street improvements could be put in. He added that the a rea residents, if they so desired, could 72-445 City Hall. Anaheim. California COUNCIL MINUTES July 5. 1972. 1:30 P.M. a. Minimum setback from residential to a parking area. b. Maximum building height adjacent to a residential zone. The City Planning Commission, pursuant to Resolution No. PC72- •125, granted said conditional use permit, in part, granting the use only, subject to conditions, denying the requested waivers. CONDITIONAL USE PERMIT NO. 1315: Submitted by The Wickes Corporation, to establish a light standard in excess of 100 feet in height on Wi zoned property located on the southeast corner of Magnolia Avenue and the Santa Ana Freeway. The City Planning Commission, pursuant to Resolution No. PC72- 126, denied said conditional use permit. CONDITIONAL USE PERMIT NO. 1316: Submitted by Katherine Castleman, to es- tablish on-sale beer and wine in conjunction with an existing restaurant on C-1 zoned property located at the northwest corner of Magnolia and Row- land Avenues. The City Planning Commission, pursuant to Resolution No. PC72- 127, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1317: Submitted by Marion Lindsey, to estab- lish a 124-space travel trailer park for recreational vehicles in addition to Manager's apartment and convenience store on R -A zoned property located on the east side of West Street, south of Ball Road. (Resolution of Intent to C-R 66- 67 -61) The City Planning Commission, pursuant to Resolution. No. PC72- 128, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 1319: Submitted by Pacific Lighting Properties, Incorporated, to establish a 61 -unit motel on M-1 zoned property located on the south side of Katella Avenue, and on the west side of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC72- 129, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO. 817 TERMINATION: Requesting termination of said Conditional Use Permit which granted expansion of an existing non- conforming child nursery on C-1 zoned property located on the east side of Brookhurst Street, north of Lincoln Avenue, on the basis that the pe- titioner does not intend to exercise the rights granted; and further re- questing release of the bond to guarantee the installation of the street improvements, which release had been approved by the City Planning Commis- sion on April 22, 1969, subject to termination of the conditional use per- mit. The City Planning Commission, pursuant to Resolution No. PC72- 134, terminated all proceedings on Conditional Use Permit No. 817. The foregoing actions were reviewed by the City Council and no further action taken. CONDITIONAL USE PERMIT NO. 1311: Submitted by Wiltower Properties, to re- establish a carwash and to establish an automobile service station within 75 feet of an R-1 Zone. C-1 and C-3 property located at the southwest cor- ner of Lincoln Avenue and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC72- 124, granted said conditional use permit, subject to conditions; hours of operation to be reviewed at the end of one year. Upon request, Mayor Dutton invited the Applicant's Agent to ad- dress the Council. City Hall. Anaheim. Californij COUNCIL MINUTES July 5. 1972. 1:30 P.M. Council discussion followed. The City Attorney pointed out that this may be denying one person something that is granted another. He suggested that, if desired, setback requirements on a percentage basis could be a condition of approval of a tract map. By general Council consent, the City Planning Commission recommen- dation was received and filed. RFJOLUTION NO. 72R-276 Amp OF WORK ORDER NO. 644 -B: In accordance with recom- mendation of the City Engineer, Councilman Stephenson offered Resolution No. 72R -276 for adoption. Refer to Resolution Book. 72 -447 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 PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE KELLOGG DRIVE STREET AND STORM DRAIN IMPROVEMENT, ORANGE THORPE AVENUE TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 644-B. (Silveri Ruiz Construction Co. $39,644.40) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-276 duly passed and adopted. RESOLUTION NO. 72R-277 AWARD OF WORK ORDER NO. 1501: In accordance with recoar mendation of the City Engineer, Councilman Stephenson offered Resolution No. 72R-277 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: VARIABLE SPEED DRIVE CENTRIFUGAL PUMP FOR ANAHEIM HILLS GOLF COURSE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1501. (Goulds Pumps $8,570.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-277 duly passed and adopted. RESOLUTION NO. 7211r278 WORK ORDER NO. 1510: Councilman Stephenson offered Reso- lution No. 72R7278 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 ANAHEIM HILLS GOLF COURSE SNACK SHOP AND RESTROOM FACILITY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1510. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE: CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHOR- IZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PRO- POSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened July 27, 1972, 2:00 P.M.) 72-449 Qity jiall,, Anahei, California COUNCIL MINUTES July 5. 19J2. 1:30 P.M. RESOLUTION, NO. 72R-281 IDENTI-KITS: Councilman Sneegas offered Resolution No. 72R -281 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE IDENTI- KIT COMPANY, A MEMBER OF THE SMITH AND WESSON LAW ENFORCEMENT GROUP, A DIVISION OF BANGOR PUNTA OPERATIONS, INC., LESSOR. (For Police Department) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R -281 duly passed and adopted. RESOLUTION NO. 72R- 282 H. HAROLD EJ,Y AGREEMENT. HANDWRITING ANALYSIS: Coun- cilman Sneegas offered Resolution No. 72R -282 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN AGREEMENT WITH H. HAROLD ELY WITH REFERENCE TO FURNISHING EXPERT HANDWRITING ANALYSIS. (For Police Department) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-282 duly passed and adopted. WTERIAL ANALYSIS OF WATER SAMPLES ASSOCIATED LABORATORIES CONTRACT: On re- commendation of the City Manager, Councilman Thom moved that a contract with Associated Laboratories be authorized for bacterial analysis of water samples through the City from July 1, 1972, through June 30, 1973, at $2.50 per sample. Councilman Stephenson seconded the motion. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed,on motion by Councilman Dutton, seconded by Councilman Stephenson: a. Metropolitan Water District Resolution No. 7431 Confirm- ing rates for water sold and delivered on order of any member public agency for use therein which had previously been established, and establishing rates for State Project water for the year commencing July 1, 1973, and for Colorado River and State Project water which will become effective July 1, 1974. b. City of Gardena Minute Resolution Objecting to the black- out of the Superbowl Game. c. City of Buena Park Resolution No. 4653 Urging the Board of Directors of the Metropolitan Water District of Southern California to make every effort to prevent the increasing cost of water. d. Orange County Mosquito Abatement District Resolution Expres- sing appreciation to Mr. Fred T. Krein for his faithful service to the District over the past five years. e. Anaheim Public Library Board Minutes May 15, 1972. f. Financial and Operating Reports for the month of May, 1972: Anaheim Fire Department MOTION CARRIED. plANCE NO. 3059: Councilman Sneegas offered. Ordinance No. 3059 for adoption. Refer to Ordinance Book. Citv Hall. Ai}aheim. California COUNCIL MINUTES July 5. 1972. 1:30 P.M. ALCOHOLIC BEVERAGE LICENSE APPLICATION 951 SOUTH KNOTT AVENUE: Application submitted by George D. and Monica B. Ryan, for Original Transaction, On- Sale Beer License for 951 South Knott Avenue, was conditionally protested on the basis of zoning, on motion by Councilman Dutton, seconded by Council- man Thom. MOTION CARRIED. RESOLUTION NO. 72R-283 MIKE TAUSIG AGREEMENT. PROGRAM COQADINATOR. GREEK ITR$: Councilman Dutton offered Resolution No. 72R-283 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND MIKE TAUSIG, AN INDIVIDUAL. (Program Coordinator, Greek Theatre, Pearson Park $400.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R -283 duly passed and adopted. RE §OWTIO1j NO. 72R-284 MIKE TAUSIG AGREEMENT. CHORAL DIRECTOR: Councilman Dutton offered Resolution No. 72R-284 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND MIKE TAUSIG, AN INDIVIDUAL. (Choral Director $500.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R -284 duly passed and adopted. RESOLUTION NO. 72R -285 WINSTON ROAD ANNEXATION (UNINHABITED): Councilman Thom offered Resolution No. 72R -285 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED WINSTON ROAD NO. 1 ANNEXATION (UNINHABITED) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-285 duly passed and adopted. SANITATION DISTRICT NO. 2 ANNEXATION CONNECTION FEES: Councilman Stephenson advised that at the next meeting of Sanitation District No. 2 an item of discussion will be possible increased annexation and connection fees. He briefed the Council on proposals discussed earlier and charges of other Districts. UJVESTIGATION OF ALLEGATIONS: Councilman Dutto*at the June 27, 1972, meeting some Councilmen, including him, and more information, inasmuch as he was Thom noted a remark made by Mayor that investigation had been made of asked if Mayor Dutton could give him unaware of any such investigation. 72-451 72-452 City Hall, Anaheim. California- pcimcm gam; July 5. _1972. a,:3 Signed Mayor Dutton offered to supply this information either publicly or privately and, after brief discussion, it was agreed this would be done elsewhere than in a Council meeting. CHINO HILLS: Mayor Dutton refuted a story allegedly printed by the Santa Ana Register, contending that Anaheim was planning to run a finger annexation to encompass Chino Hills for an airport. City Manager Keith Murdoch confirmed that, to his knowledge, no such annexation is proposed. ADJOURT: Councilman Stephenson moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 3 :35 P.M. City Clerk Ctty Hall. Anaheim. California COUNCIL MINUTES July 11. 1972: 1 30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust DIRECTOR OF DEVELOPMENT SERVICES: Alan Orsborn CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Frank Campagnoni, of the City Personnel De- partment, introduced new employees attending the Council Meeting as part of the City's orientation program. Mayor Dutton welcomed the new employees. MINUTES: Councilman Thom asked that the Minutes of June 27, 1972, be corrected as follows: Page 414, last paragraph, line 4, change the word "objection" to "objective." Page 415, third paragraph, last word misspelled, should be "on erous. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the Minutes of the Anaheim City Council meeting held June 27, 1972, were ap- proved as corrected. MOTION CARRIED. WAIVER OF READING ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading Jr u full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. 72 -450 City Hall, Anaheim. PaUifornia COUNCIL MINUTES July 5. 1972. 1:30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-12(1) R- 3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Ordinance No. 3059 duly passed and adopted. ORDINANCE NO. 3060: Councilman Thom offered Ordinance No. 3060 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (63-64-62(14) R -3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Ordinance No. 3060 duly passed and adopted. ORDINANC$ ISO. 3061: Councilman Dutton offered Ordinance No. 3061 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-31 R..1) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Ordinance No. 3061 duly passed and adopted. ORDINANCE NO. 3062: Councilman Sneegas offered Ordinance No. 3062 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE-. ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71 -72 -15(2) R -H- 10,000, Tract 7569) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Ordinance No. 3062 duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATION 380 ANAHEIM HILLS ROAD: Application submitted by Leo and Leone A. Baroldi, for Original Transaction, Off -Sale General Liquor License for 380 Anaheim Hills Road, was conditionally pro- tested on the basis of zoning, on motion by Councilman Dutton, seconded by Councilman Thom. MOTION CARRIED. ALCOHOLIC BEVERAGE LICENSE APPLICATION BANNINGS CAFETERIA: Application submit- ted by Javid Mansouri, for Original Transaction, On -Sale Beer and Wine (Bona Fide Eating Place) for Bannings Cafeteria, 503 North Loara Street, was pre- sented by the City Manager to tha.City Council for their information. On motion by Councilman Dutton, seconded by Councilman Thom, the City Attorney was authorized to file a conditional protest with the Alcoholic Beverage Control Board against said application on the basis that the premises are presently located in a C-1 Zone, which does not permit the On -Sale sale of alcoholic beverages. MOTION CARRIED. 7 2 448 City Hall. Anaheim. California COUNCIL MINUTES July 5. 1972. ,1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-278 duly passed and adopted. RES9LUTION NO. 72R -279 WORK ORDER NO. 793: Upon receipt of certification from the Director of Public Works, Councilman Sneegas offered Resolution No. 72R- 279 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 FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE MANZANITA PARK GRADING (NORTH END OF RIVI- ERA STREET), IN THE CITY OF ANAHEIM, WORK ORDER NO. 793. (Frank H. Clark) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R -279 duly passed and adopted. CLAIMS QAI)IST 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 Stephenson: a. Claim submitted'by David M. Tanski, for purported personal pro- perty loss sustained as result of a purported malfunction of City electrical equipment, on or about June 8, 1972. b. Claim submitted by Steven Michael Beale, Cohen, Stokke Owen (JPM) for personal injuries purportedly inflicted by Anaheim Police Of- ficers while attending an event at the Anaheim Convention Center, on or about March 15, 1972. c. Claim submitted by Timothy John Beale, Cohen, Stokke Owen (JPM) for personal injuries purportedly inflicted by Anaheim Police Officers while attending an avent at the Anaheim Convention Center, on or about March 15, 1972. d. Claim submitted by Cynthia K. Rainey, for personal property damages sustained as result of purportedly being struck by an Anaheim Police Department vehicle, on or about June 23, 1972. e. Claim submitted by Al M. Norton for personal property damages purportedly sustained as result of a car driven by a City employee colliding with another car and causing it to be pushed into claimant's car, on or about June 9, 1972. f. Claim submitted by D. Weiler, Subrogation Department, Farmers Insurance Group, on behalf of Sam and Jane Jowdy, for personal property losses purportedly sustained as result of "frayed" cable supplying electricity to their home, on or about November 9, 1971. g. Claim submitted by Toni Dee Rogers, Phillip Stein, Attorney at Law, for personal injuries purportedly sustained as result of a City vehicle striking her car, on or about April 25, 1972. MOTION CARRIED. RE §OLUTION x+10. 72R- 280 SOUTHERN PACIFIC TRANSPORTATION COMPANY AGREEMENT: Coun- cilman Stephenson offered Resolution No. 72R-280 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR INSTALLATION OF PROTECTIVE DEVICES. (CROSSING NO. BK- 510.9 VERMONT STREET) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton NOM: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley The Mayor declared Resolution No. 72R-280 duly passed and adopted. 7 2- 446 City Hall. Anaheim. C41tfornia COUNCIL MINUTES July 5, 1972. 1:30 P.M. Robert Burglin, 517 South Archer Street, Agent for Wiltower Proper- ties, stated his company had made several commitments to neighbors in regard to subject conditional use permit, and asked what the status of this permit would be if Wiltower Properties was removed as Agent. He was advised that the conditional use permit would remain with the land, regardless of who the Agent was. The City Council reviewed this action and took no further action. GENERAL PLAN AMENDMENT NO. 123-A (READVERTISED) SET PUBLIC HEARING: Recommenda- tions of the City Planning Commission were submitted to consider changes in den- sities for an area generally located south of Santa Ana Canyon Road, east of the Newport Freeway, and extending easterly beyond Mohler Drive to Weir Canyon, and having a southerly boundary approximately along the Santa Ana Mountains ridgeline. The City Council, pursuant to Resolution No. 72R -207, originally ap- proved General Plan Amendment No. 123 -A, covering an area of approximately 652 acres within the Anaheim Hills Community. The City Planning Commission, pursuant to Resolution No. PC72 -123, recommended General Plan Amendment No. 123-A be approved for the entire 4,200 acre ranch, formerly known as Nohl Ranch. The City Clerk advised the City Planning Commission presently is studying the "zoning element" for this area and suggested the City Council may wish to defer setting a public hearing on the General Plan Amendment "density element" until the City Planning Commission recommendation on "zoning" has been received. On motion by Councilman Dutton, seconded by Councilman Stephenson, scheduling public hearing on General Plan Amendment No. 123-A was deferred, awaiting City Planning Commission forthcoming action. MOTION CARRIED. TENTATIVE )4AP. TRACT NO. 7876. REVISION NO. 2: Owners Horace E. Morelock, et al, and George A. Coleman. Property located at the northeast corner of Orange thorpe Avenue and Kellogg Drive, containing 81 proposed R-3 zoned lots. On motion by Councilman Stephenson, seconded by Councilman Dutton, action on Tentative Tract No. 7876, Revision No. 2 was continued, to be con- sidered in conjunction with Conditional Use Permit No. 1313. MOTION CARRIED. TENTATIVE MAP. TRACT NO. 7877: Developer S and S Construction Company. Pro- perty located on the east side of State College Boulevard, south of Wagner Avenue, containing 8 proposed R- 1 zoned lots. On motion by Councilman Stephenson, seconded by Councilman Dutton, action on Tentative Map, Tract No. 7877 was continued, to be considered in conjunction with Reclassification No. 71- 72-54. MOTION CARRIED. REVISION NO. 4 FINAL MAP, TRACT NO. 5162 /(RECLASSIFICATION NO. 67-68-86 AND CONDITIONAL USE PERMIT NO. 1295): Developer Warmington Construction Company. Property located on the north side of Ball Road, east of Brookhurst Street, containing 112 R -3 zoned lots. The City Engineer recommended approval and reported that said Final Map conforms substantially with the Tentative Map previously approved; that bond has been forwarded to the City Attorney for approval, and required fees paid. On recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 5162 be approved, subject to approval of required bond by the City Attorney. Councilman Stephenson seconded the motion. MOTION CARRIED. RECONSIDERATION OF GARAGE SETBACKS RS-5000 ZONE: The City Planning Commission, at its meeting held June 26, 1972, by motion, recommended that prior to the first reading of the ordinance creating the RS-5000 Zone, consideration be given to the limiting by percentage or number of Pots within a tract that can be developed with six to ten -foot garage setbacks on straight-in drives. 72-444 City Hall. Anaheim, California COUNCIL MINUTES July 5. 1972. 1:30 P.M. form an improvement district and pay for acquiring the right -of -way upon which the produce stand is encroaching so that curbs, gutter and sidewalks could be installed. In reply to Council questioning, Traffic Engineer Edward Granzow stated that although "No Parking" signs would help the situation somewhat, the major hazard is lack of visibility because the property north of the corner improved lot extends out into the street and cars parked there block the view from Cris Avenue. Council. Mayor Dutton invited the owner of the produce stand to address the Herman Margulieux contended the cars parked on Euclid Street south of his produce stand to Cris Avenue belong to the residents of Cris Avenue, and that none of his trucks park there; that none of the accidents at Euclid Street and Cris Avenue have been caused by the existence of his produce stand. He stated he would be happy to install "No Parking By Order Of The Police Department" signs by his produce stand, if the signs were furnished him. On motion by Councilman Dutton, seconded by Councilman Thom, the Traffic Engineer was instructed to survey the situation and make a recommen- dation on the possibility of installing "No Parking" signs from the northwest corner of Euclid Street and Cris Avenue to the produce stand to the north. MOTION CARRIED. RECLASSIFICATION NO. 69-70 -58(1) OCCUPANCY PERMIT: Request of George H. Drayton, Drayton, Inc., was submitted for permission to permanently occupy his building at 2836 East La Palma Avenue (Reclassification No. 69-70-58(1)). Also submitted were reports of the City Engineer and City Attorney's office, and report of the Development Services Department recommending denial of permanent occupancy; however, if granted, that Petitioner be required to post bonds to guarantee completion of all outstanding conditions. Mayor Dutton invited the Petitioner to address the Council. George Drayton stated it appears he could have to occupy his build- ing on a temporary permit for quite some time, since bonds for improvement that are to be posted by the owner of property in the general area, which includes his parcel, have not yet been posted. He advised that he is prepared to post the bonds required on his part if permanent occupancy of his building is approved. In reply to Council questioning, Mr. Drayton stated he did not want to install curbing and -front landscaping until the utility poles have been removed. The City Manager advised that Mr. Kraemer, owner of the property in the area which includes his parcel, has verbally assured the City that he will provide the necessary documents for the property; however, he is out of town at this time and thus an extension of the Petitioner's temporary occupancy permit would be in order. On motion by Councilman Thom, seconded by Councilman Dutton, a 180 day extension of the temporary occupancy permit was granted, retroactive to April 30, 1972, said permit to expire October 30, 1972. MOTION CARRIED. CITY PLANING COMMISSION ITEMS: Actions taken by the City Planning Commission, at their meeting held June 12, 1972, pertaining to the following applica- tions were submitted for City Council information and consideration: CONDITIONAL tip PERMIT NO. 1312: Submitted by California Lutheran Bible School, to establish a private educational institution on R-A zoned property located on the west side of Western Avenue, south of Orange Avenue, with waivers of: 72-442 City Hall. Aqaheim. California COUNCIL MINUTES July 5. 1972. 1:30 P.M. Appeal from action taken by the City Planning Commission was filed by the Applicant, and public hearing scheduled this date. Zoning Supervisor Charles Roberts noted the location of subject property, existing uses and zoning in the immediate area, and advised that the Planning Commission, in its denial, had felt that the requested devia- tion of required parking was excessive. In reply to Council questioning, Mr. Roberts advised that there presently is a telephone answering service, as well as a real estate office in the building on subject property. Mayor Dutton asked if the Applicant was present and wished to a dress the Council. Stuart D. Noble, Applicant and owner of the building, advised that at the time the property on the south side of Ball Road in this area was zoned Commercial he was opposed to such zoning, but now that that zoning has been completed he would like to use his property to the best advantage by in- cluding the requested real estate school during the evening hours when the building is not in other use. In reply to Council questioning, Mr. Noble advised that approximately 416-square feet of the building would be used for the real estate school at night, and that a room approximately 10 feet by 20 feet would be used for the classroom to accommodate a maximum possibility of 30 students. Mr. Noble further advised that Sizemore Realty has leased a portion of subject building for the past several years and during this time has trained real estate men for their own operation and for other real estate offices. They have now obtained the Chamberlain Schools franchise. He noted no objections from the neighborhood and felt the parking requirements highly excessive, and there- upon related parking provided by 3 other schools in the City: Orange County Business School, 1101 South Anaheim Boulevard, Sawyer Business School, 230 South Euclid Street, and the Anthony School, 1771 South Brookhurst Street. Mr. Roberts advised that 20 parking spaces would be required, based on the classroom alone, and the Applicant is requesting permission to provide only six. Mr. Noble noted that the person operating the answering service parks in an area on the side of the building, (one-girl operation.) Councilman Thom noted that a real estate school has been operating on the premises for over a year with no apparent problems, and thus he felt the parking provided, plus on- street parking, should suffice. Councilman Sneegas noted that there could be no way of knowing what the problem or parking situation would be if the requested maximum thirty students were attending class at the same time. Councilman Stephenson expressed the opinion that the cars parked on Ball Road, thereby closing one lane, at the same time that Disneyland is open and the Convention Center has an activity could cause a slow -up of traf- fic flow. Traffic Engineer Edward Granzow advised that at present the southern- most lane of Ball Road is used for parking; however, the Municipal Code pro- vides for using that as an additional traffic lane if required; the use thereof for parking at the present would not create a hardship for two or three years, or until Route 57 Freeway is constructed. RESOLUTION: Councilman Stephenson offered a Resolution for adoption, grant- ing said conditional use permit for a period of one year, to be reevaluated at the end of that time, with the provision Ball Road would be posted for "No Parking" if it became necessary. Counilman Dutton stated he felt approving this request could create a problem in enforcing the present requirement that all businesses must provide off street parking. Councilman Stephenson agreed that granting this request could set an unsatisfactory precedent with regard to parking, and thereupon withdrew his offer of a Resolution.