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1972/01/0472-1 City Hall, Anaheim, California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following Proclamation was issued by Mayor Dutton and unanimously approved by the City Council: "Walt Disney Month at the Anaheim Public Library" - January, 1972. 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: Approval of the Minutes of the Anaheim City Council meetings held De- cember 14, 21 and 28, 1971, was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, ~in the amount of $395,523.61 for the period ending December 28, 1971, and $852,635.40 for the period ending January 4, 1972, in accordance with the 1971-72 Budget, were approved. CONTINUED PUBLIC HEARING - ABANDONMENT NO. 71-3A: Public hearing was held Decem- ber 7, 1971, and continued to December 14, 1971 for further investigation, at which time it was continued to this date to allow time for appraisal of the property. The City Manager advised that the two parcels of property in ques- tion, comprising a total of approximately one- third of an acre of land, had been appraimed, and he recommended the purchase price be set at $7,500.00. He added that the land is very heavily covered by easements and thus only surface use can be made of most of it; however, it does offer good access and frontage. In reply to Council questioning, Mr. Murdoch stated that subject abandonment still could be in order on a portion of the area; however, aban- donment of the property owned in fee by the City would be on the basis of a sale. Inasmuch as the Applicant had not been contacted to determine if~i//? he was interested in purchasing this fee-owned property, ~8~8~en~ No~"/~- 71-3A was continued to January 18, 1972, to allow time for study of the ap- praisal report and determine if Mr. Nove is interested in purchasing the property, on motion by Councilman Pebley, seconded by Councilman Roth. MOTION CARRIED. 72-2 City Hall, Anaheim, California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. CONTINUED REQUEST - COIN-OPERATED LAUNDRY MACHINES: Petition of Lee Gorelick, Executive Secretary, Southern California Route Operators Association, Inc., for a change in the Business License tax procedure as it relates to the coin- operated laundry machine industry was presented to the Council November 16, 1971 and, at the request of Mr. Gorelick, continued to December 21, 1971, and further continued to this date to allow further study. Mr. Murdoch reported that the revenue received from this source the previous year was $3,543.00 and the license fee on laundry machines was de- creased from $3.00 to $1.00 per machine in 1968. He projected that changing the license procedure to a gross-receipts basis,as requested,would decrease the revenue to approximately $1,750.00 per year. Mr. Murdoch stated that the effect of changing the license procedure to a gross-receipts basis would be that the small operator's fees would be sub- stantially increased, while the larger operator's would be substantially de- creased; the current minimum is $10.00, and the minimum under the proposed procedure would be $25.00. Councilman Thom stated he was sympathetic to the gross-receipts basis; however, he did not feel just one type vending machine should be singled out for this consideration. Discussion followed on the difficulty in policing the machines. Councilman Stephenson noted the remark by the petitioner that Ana- heim was the only city contacted who had not changed their procedure to con- form to SB-1184, passed in 1970. The City Attorney advised that the major charter city involved would be Los Angeles, and they have been on a gross-receipts basis for some time, thus there was no change there. He added that the League of California Cities had taken no stand on the issue when it was before the State Legislature since it would not affect charter cities. Councilman Stephenson stated he felt Anaheim should follow the lead of other cities and also go on a gross-receipts basis. The City Attorney advised that apartment house owners who have only one or two machines will suffer if the procedure is changed; that about half of the revenue in license tax now paid comes from WEB Service Company. Councilman Pebley stated that, since the apartment house owners would be directly affected by any change in the procedure, he felt they should have an opportunity to present their side of the issue. Mr. Geisler suggested that if this procedure is changed, an entirely new ordinance be written for the laundry machine industry only, such as Long Beach did, as this a completely different type-of "gross-receipts" activity. Councilman Pebley stated he was in favor of leaving the present procedure as it is in view of the adverse effect the proposed change would have on the individual apartment house owners. In reply to Council questioning, Mr. Murdoch advised that the proposed procedure change would result in 23 of the present 46 laundry ma- chine operators receiving an increase in their rates, 16 receiving a de- crease, and 7 remaining the same. He added that of the firms receiving a decrease 2 would receive most of it, and 2 other firms would receive most of the remaining decrease. Councilman Stephenson stated that in light of the facts presented by Mr. Murdoch, he now felt the procedure should remain as is. On motion by Councilman Pebley, seconded by Councilman Stephenson, the Council decreed there shall be no change in the present business license procedure for coin-operated laundry machines. MOTION UNANIMOUSLY CARRIED. 72-3 City Hall, Anaheim~ California - COUNCIL MINUTES - January_j: 1972, 1:30 P.M. RECLASSIFICATION NO. 70-71-51 AND CONDITIONAL USE PERMIT NO. 1235: Request of Alfred D. Paino, dated December 7, 1971, was submitted for a 180-day exten- sion of time to Reclassification No. 70-71-51 and Conditional Use Permit No. 1235, together with report of the City Engineer and report of the Develop- ment Services Department recommending a 180-day exter~s~on of time be granted, to expire June 8, 1972. On motion by Councilman Roth, seconded by ~ouncilman Stephenson, a 180-day extension of time for Reclassification No. 70-71-51 and Conditional Use Permit No. 1235 was granted as requested, to expire June 8, 1972. MOTION CARRIED. REQUEST - TEMPORARY PERMIT - U.S. FACTORY-BUILT, INC., (VARIANCE NO. 2322): Re- quest of Richard H. Fingal, Vice-President of U.S. Factory-Built, Inc, was submitted to locate a prototype model of a single-family home in the 50-foot setback area fronting their manufacturing plant loca~c~! st 1601 Miller Street. Zoning Supervisor Charles Roberts reported that the petitioner presently occupies approximately 5 acres of land, abo~t half of which is devoted to a large manufacturing plant and the soutbc~!y 2-~ acres used for storage, for which a Variance (No. 2194) was approved in 1970. He added that the applicant has indicated they would require the temporary permit for a period of 6 months and the model would not be used for public display. Mr. Roberts advised that the Development Services Department staff had felt that, since the 50-foot setback requirement ~n the M-1 Zone has been strictly adhered to thus far, granting subject reques~ could establish an undesirable precedent; also, since this company is engaged in manufacturing modular housing units and developing new prototypes, ~¼ey eventually prob- ably would request a permanent display permit and therefore it would be pre- ferable that the applicant provide space for this actfvity in some place other than the setback area. Mr. Roberts further advised that the applicant has filed a peti- tion for a Variance (No. 2322) for this purpose, which will be considered by the City Planning Commission at their January 24, 1072, meeting. Mayor Dutton invited the applicant to address the Council. Richard H. Fingal stated they had expected to be able to display subject prototype model in their research and development facility, but had no space for it. He further stated his company has no need for a permanent display site at their manufacturing plant since they deal basically only with volume distributors and not the general public. Mr. Fingal noted that when their operations started 4 years ago they had been granted ~ similar request and had leased.City property on Euclid Street for this purpose. He stated that they had been unable to secure additional property for display purposes in time for this prototype, but would have it available for future models and anticipate requiring this temporary location for no m~'e than 3 months, al- though their request is for 6 months. In reply to Council questioning, Mr. Fingal advised his company employs 115 full-time hourly employees and a staff of ~i) to 25. Councilman Pebley stated he cou!d ~ee ~ subject request. ,-, ~or not granting Following Council discussion, variance can be timed for a certain period requested is an illegal use, and variance} added, if the applicant wished to ~nsta!] months illegally, even with r_h~- sanct~ at their own risk. advised that a ~h~ temporary use ~'~d. However, he ~'e setback for 6 '!~y would do so 72-4 City Hall, Anaheim, .California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. Councilman Stephenson stated he would not vote favorably on an illegal use. Councilman Roth stated he felt the company is an asset to Anaheim and should be helped in any way possible. Mr. Geisler recommended that if the request is approved, it be on a temporary basis pending the processing~and outcome of formal variance ap- plication. MOTION: Councilman Stephenson moved subject request be denied. The foregoing Motion died for lack of a second. Mr. Fingal noted Mr. Geisler had stated that trailers may be per- mitted to be used tempororily because they are set on a wheel base. He stated the prototype proposed to be placed in their setback would be set on mobile home jacks and if the Council wished, wheels could be attached. He added that their model also has the same dimensions as trailers, being 12-feet by 12-feet. Mr. Geisler advised that even though the proposed unit was set on wheels, a temporary variance would be necessary since the unit would be lo- cated in a setback area. Councilman Dutton noted that Anaheim spends considerable money en- couraging industry to locate here, and tries to help in any way possible; however, there are some things that cannot be done legally and thus a variance still would be required for this use. On motion by Councilman Thom, seconded by Councilman Roth, appli- cant was authorized to proceed at their own risk, pending outcome of formal application for a Variance (No. 2322.) To the foregoing motion, Councilman Stephenson voted "No." MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held December 13, 1971, pertaining to the following applications were submitted for City Council information and consideration: VARIANCE NO. 2313: Submitted by Le Chateau Majorca and Tax Advisors Fund, to establish a beauty shop in conjunction with an apartment complex on R-3 zoned property located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard, with waiver of: a. Permitted uses in the R-3 Zone. The City Planning Commission, pursuant to Resolution No. PC71-238, granted said variance. CONDITIONAL USE PERMIT NO. 1280: Submitted by Le Chateau Majorca and Tax Advisors Fund, to establish a child care center in conjunction with an ex- isting multiple-family complex on R-3 zoned property located on the north side of Orangethorpe Avenue, west of Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC71-239, granted said conditional use permit for 40 children. VARIANCE NO. 2314: Submitted by Dale E. Fowler, to establish outdoor storage of travel trailers on M-1 zoned property located on the north side of Coronado Street, west of Blue Gum Street, with waiver of: a. Outdoor storage enclosure. The City Planning Commission, pursuant to Resolution No. PC71-241, granted said variance. 72-5 City Hall~ Anaheim, California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. VARIANCE NO. 2315: Submitted by Loyd C. and Georgia Drake, proposing to utilize a residential structure for office purposes on R-1 zoned property located on the north side of Lincoln Avenue, east of ?tate College Boulevard, with waivers of: a. Office use of a residential structure. b. Minimum front setback. c. Signs permitted. d. Minimum number of parking stalls. The City Planning Commission, pursuant to Resolution No. PC71-237, denied said variance. VARIANCE NO. 2316: Submitted by Dunn Properties Corporation, to establish incidental retail sales to the general public as part of a mail order busi- ness on Mr l zoned property located at the northeast corner of East Street and Ball Road, with waiver of: a. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC71~240, granted said variance. CONDITIONAL USE PERMIT NO. 1279: Submitted by William J. and Patricia A. Burke, to permit a temporary concrete pre-casting operation on M-1 zoned property located south of Miraloma Way, north of Miraloma Avenue overcross- ing, and west of Lawrence Street, with waiver of: a. Outdoor use enclosure. The City Planning Commission, pursuant to Resolution No. PC71-242, denied said conditional use permit. The foregoing actions were considered by the City Council and no further action taken. HILLSIDE STREET STANDARDS: The City Planning Commission, pursuant to Resolution No. PC71-244, recommended that Hillside Street Standards, Standard Detail Nos. l13-A, l14-A and 115 (Exhibit A) be adopted for use in Hillside Areas. RESOLUTION NO. 72R-1: Councilman Thom offered Resolution No. 72R-1 for adop- tion, adopting Hillside Street Standards in accordance with Exhibit A, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING HILLSIDE STREET STANDARDS, STANDARD DETAIL NUMBERS l13-A, 114-A~ ,,KND 115 (EXHIBIT A) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephensc~-~ ~ NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None and Dut ton The Mayor dectared Resolution 'd and adopted. KATHRYN-LINDSAY ANNEXATION (INHABITED]: The Ci[y !'"~,~:~:~ recommended the Kathryn-Lindsay An~n. exation - i~i ~,i'~i ~'~ion, by Motion, approved. The City Manager advised that property in subject annexation area had requeste~ tion proceedings. the ow~ers of c onmnenc e annexa- 72-6 City Hall, Anaheim, California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. RESOLUTION NO. 72R-2: Councilman Pebley offered Resolution No. 72R-2 for adoption, approving commencement of proceedings for the Kathryn-Lindsay An- nexation - (Inhabited), as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE COMMENCMENT OF PROCEEDINGS FOR THE KATHRYN-LINDSAY ANNEXATION (INHABITED). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R-2 duly passed and adopted. PROPOSED AMENDMENT TO TITLE 18 - CONDITIONAL USES: The City Planning Commission, by Motion, recommended amending Title 18, Chapter 18.38,Section 18.38.040, Conditional Uses (3), (C-O Zone), of the Anaheim Municipal Code, to amend the expiration date for the use of residential structures for office purposes to January 1, 1977. On motion by Councilman Roth, seconded by Councilman Stephenson, hearing was scheduled January 25, 1972, 1:30 P.M., to consider amending Title 18, as recommended by the City Planning Commission. MOTION CARRIED. TEMPORARY FACILITIES - GRACE MISSIONARY BAPTIST CHURCH: Zoning Supervisor Charles Roberts advised that a request had been received from Grace Missionary Baptist Church, 1926 West Ball Road, to use temporary structures on their property for a period of one year to allow time to repair the church, recently badly damaged by fire. Mr. Roberts noted the church is proposing to use a mobile home for 4 classrooms, a modular housing unit for 4 or 6 classroms and 2 offices, and a permanent structure on the property that has been used on a temporary basis over the years; however, the Fire and Building Departments have examined these structures and determined neither the structures nor location conform to Code. He further advised that the Fire and Building Departments have agreed that if the buildings are relocated and some modifications made to the struc- tures, this will bring them into sufficient conformance for a temporary use. Representatives in the audience from the Fire and Building Depart- ments affirmed this statement. On motion by Councilman Pebley, seconded by Councilman Thom, request was granted, subject to the structures being placed in a location satisfactory to both the Fire and Building Departments, and also subject to sufficient modi- fication being made to the structures in a manner acceptable to the Fire De- partment and Building Department. MOTION CARRIED. RECLASSIFICATION NO. 71-72-17,. TENT4TIVE TRACT NO. 7684: Property located on the southeast corner of Orangethorpe Avenue and Kraemer Boulevard, containing 17 proposed R-3 lots. On December 21, 1971, Resolution No. 71R-481, granting Resolution of Intent to R-3 for subject property, was submitted for amendment nunc pro tunc because of some clerical errors. At that time, the City Attorney, determining that there would be 3 negative votes on the proposed amendment, as Tentative Tract No. 7684 was de- nied by the City Council on December 7, 1971, recommended that no action be taken on the proposed amendment. The City Attorney was requested to investi- gate to determine if a public hearing would be necessary to revoke original Resolution of Intention No. 71R-481. At the December 28, 1971, meeting, the City Attorney advised that a public hearing would be necessary to revoke the Resolution of Intent, and the City Clerk was directed to set such public hearing at the earliest possible date. 72-7 City Hall, Anaheim, California- COUNCIL MINUTES- Jan~a'r~ ~, 1972 1:30 P.M. Councilman Thom stated he had voted negativ~l,z on Tentative Tract No. 7684 because of information which he subsequently i~arned was erroneous, and he now would vote favorably on the Tentative Tr,]c~ ~nd nunc pro tunc amendment of the Resolution. On advice of the City Attorney, Councilman T}~om moved that Tenta- tive Tract No. 7684 be referred back to the City Pia~g Commission for re- consideration at their January 10, 1972, meeting, th~ ?o be reconsidered ~fi~, by the City Council at its January 11,-~q~, meeting~ ~quired time limit ' and resubmission fees to be waived,~ and also requeste~ !~hat the nunc pro tunc amendment to Resolution No. 71R-481 be resubmitted fo~~ ,~onsideration at the January 11, ~-, meeting. Councilman Dutto;~ secon~J~i ibc motion. MOTION CARRIED. Councilman Roth left the Council Chambers. ~:35 P.M.). RESOLUTION NO. 72R-3 - AWARD OF WORK ORDER NO. 632-A: In a~ordance with recom- mendations of the City Engineer, Councilman Peblcy ofi ~ed Resolution No. 72R-3 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~q ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONg~LE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS ~i~ EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AN? 'WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE ~'~i,LOWING PUBLIC IM- PROVEI~NT: THE RED GUM STREET - CORONADO STREET STREE'i7 IM]PROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 632-A. (Amex Paving ~i~pany - $6,960.50) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, ~o~ ~d Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Roth The Mayor declared Resolution No. 72R-3 duly i~ssed and adopted. RESOLUTION NO. 72R-4 - AWARD OF WORK ORDER NO. 637-B: In a~<~ordance with recom- mendations of the City Engineer, Councilman Thom offe~,~ Resolution No. 72R- 4 for adoption° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE?~ ~CCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONS] !~3C BIDDER FOR TH~ FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS Alii 2QUIPMENT AND ALL UTILITIES ~ TRANSPORTATION, INCLUDING POWER, FUEL A~f~ WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COM]?LETE THE F(>i~OWING PUBLIC IM- PROVEMENT: THE HARBOR BOULEVARD STREET IMPROVEMENT, FROM APPROXIMATELY 725 FEET SOUTH OF VERMONT AVENUE TO APPROXIMATELY 413 i~i:;ET NORTH OF BALL IlOAD, IN THE'CITY OF ANAHEIM, WORK ORDER NO. 637-B. ,~l~l]veri & Ruiz Con- struction Company - $5,644.20) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thon~ ~d Dutton None Roth The Mayor declared Resolution No. 72R-4 duly p,~ssed and adopted. RESOLUTION NO. 72R-5 - WORK ORDER NO. 1235: Upon receipt ~>.! ~'~rtification from the Director of Public Works, Councilman Stephenson of! ,~'ed Resolution No. 72R-5 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEt>! iI~%LLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, ~qRVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INC'~'~>ING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CO~'~:¥fRUCT ABFD COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE WAL~J? c:kNYON SEWER IMPROVE- MENT, PHASE I, SANTA ANA CANYON ROAD TO ANAHEIM HILLS RigiD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1235. (S & M Pipeline~ !nc~5 72-8 City Hall, Anaheim, California - COUNCIL MINUTES - January 4, 1972~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Ruth The Mayor declared Resolution No. 72R-5 duly passed and adopted. RESOLUTION NO. 72R-6 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 72R-6 for adoption. Refer to Resolution Book. A RESOLUTION OF TKE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Donald H. and Patricia Yoder, H. Frank Yoder, Jr. and Aria A. Yoder; Selwyn P. and Alfreda A. Ramsay, Douglas L. and Doris J. Page; Pablo V. Dominguez and Laura Knowlton Dominguez and O'Meara-Chandler Corporation. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Ruth The Mayor declared Resolution No. 72R-6 duly passed and adopted. PURCHASE OF EQUIPMENT - SEDAN: The City Manager recommended that one 4-door Sedan for the Water Department be added to the recent purchase authorized from McPeek Chrysler-Plymouth at the same bid purchase price of $2,614.50, including tax. On motion by Councilman Thom, seconded by Councilman Dutton, purchase was authorized as recommended by the City Manager. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Thom: a. Before the Public Utilities Commission - Application of Southern California Edison Company for an order of the Public Utilities Commission of nhe State of California authorizing applicant to increase rates to customers utilizing electric energy to reflect increases in the cost of fossil fuel above those contemplated in Decision No. 78802. b. Anaheim Public Library Board - Minutes - November 15, 1971. c. Financial and Operating Reports for the month of November, 1971: Department of Public Works, Engineering Division. MOTION CARRIED° CORRESPONDENCE - GOLDEN WEST AIRLINES, INC./LOS ANGELES AIRWAYS, INC. - APPLICA- TION: Upon recommendation of the City Manager, Councilman Pebley moved that the Administrative Staff be authorized to appear before the Civil Aeronautics Board on the following applications in an effort to remove the exclusive air rights clause originally granted Los Angeles Airways, Inc.: a. Before the Civil Aeronautics Board - Joint Application of Golden West Airlines, Inc. and Los Angeles Airways, Inc. for an exemption pursuant to Section 416(b) of the Federal Aviation Act of 1958~ as amended. b. Before the Civil Aeronautics Board - Application of Los Angeles Airways, Inc. for additional temporary suspension of scheduled route service pursuant to Part 205 of the Economic Regulations. c. Before the Civil Aeronautics Board -Application of Los Angeles Airways, Inc. for additional temporary suspension of scheduled route service pursuant to Part 205 of the Economic Regulations. (First Amendment to Appli- cation~5 Councilman ~ton seconded the motion. MOTION CARRIED. 72-9 City Hall, Anaheim, California- COUNCIL MINUTES - January ~_ 1972, 1:30 P.M. ORDINANCE NO. 3000: Councilman Dutton offered Ordinance ~,~ ~ 3000 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (69-70-60 - R-2) ORDINANCE NO. 3001: Councilman Stephenson offered Ordina~, No. 3001 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE I, . ib~PTER 1.12, SECTION 1.12.070 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO [~5?OSITION OF UNCLAIMED PROPERTY. ORDINANCE NO. 3002: Councilman Thom offered Ordinance No. ~)02 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE ih ~F THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (69-70-31(3) M-] RESOLUTION NO. 72R-7 - CAPRON PROPERTY LEASE: Discussion ~ the proposed lease of property for a mini-park at the northeast corner o!' ~i~lementine Street and Lincoln Avenue, offered by the Temporary Conservator ~ i the Estate of George A. Capron, was deferred to this date from the meeting of December 28, 1971, to allow time to obtain cost data and reports from tb~ i'ark and Recreation Department and the Anaheim Beautiful Standing Committ~,~ Parks Superintendent Dick Kamphefner advised ~hat his department has been working with groups in an effort to upgrade ~:~ject lot. He stated that about the only cost to the City for work on this ~,)t, if approved, would be a skiploader for filling holes and maintenance cog~ :)f 825.00 to $30.00 per month, depending on the intensity of use. Landscape Planner Paul Saito presented a pr~:?osed plot plan for the property drawn by Mrs. Larry Sierk, and advised t!,~t a rough estimate of the cost of upgrading this property will be about :~000.00 which will be paid for through contributions. He further stated :~at group of about 120 students from Brookhurst Junior High School~ co~(~ded by the Anaheim Beautiful Standing Committee several months ago, also iii cooperate with that organization in upgrading the property. Brian Schram, representing the Brookhurst J~::ior High School stu- dents, advised that their school has an ecology clasg :~ose goals are to get involved and try to help the community in this area. Mr. Saito stated that the Anaheim Art Associ ~ion has promised to outline the murals proposed for the faces of the wa]]~ ~f the two buildings abutting this property, and the Brookhurst students w~ ~ paint the murals. In reply to Council questioning, Mr. Saito : ~ted the irrigation system for the proposed mini-park also would be paid ~,~ by contributions. He added that the greatest cost would be specimen trees~ and it was hoped these could.be obtained by donation. He added that [)e .cas assured these trees could be obtained on a loan for a short period (~ time, and since the property lease proposed is not to exceed 5 years ~:iess sooner ter- minated, the trees in this case would be put into a C~,~ park if the lease is terminated sooner. In reply to Council questioning, the C~ty ii~' ~-uey advised that leasing this property for a mini-park would not tak~ ~ff the tax rolls~ Council discussion brought nations and that the Parks and Recreation nical consultant on the project. ~ re~coive do- ' lag ~s a t:ech- Councilman Dutton, who ject, stated if the 90-day terminals:f on should be terminated~ the benches partment. for the pro- ~he I ease R~. r~zati on De- RESOLUTION NO. 72R-7: ti'~,unci'~ma~ ~ om ~ - ~ adoption. 72-10 City Hall, Anaheim, California - COUNCIL MINUTES - January 4, 1972, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE TEMPORARY CONSERVATOR OF THE ESTATE OF GEORGE A. CAPRON RELATING TO A MINI-PARK. (Northeast Corner Clementine Street and Lincoln Avenue.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Roth The Mayor declared Resolution No. 72R-7 duly passed and adopted. PUBLIC DANCE PERMIT: Dance held pursuant to application filed by Clifford W. Secura for public dance December 31, 1971, from 5:00 P.M. to 2:00 A.M., at Smoke Tree Restaurant, 1410 South Harbor Boulevard, was submitted and ratified, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. RESOLUTION OF CONDOLENCE - C.B. MILLER: The following Resolution of Condolence was unanimously adopted by the City Council: "WHEREAS, the governing body of the City of Anaheim has learned with sorrow of the untimely death of CLARENCE B. MILLER WHEREAS, Mr. C.B. Miller has faithfully served the Citizens of Ana- heim as member of the Anaheim Library Board of Trustees since April, 1960, as Chairman of the Board for three consecutive years and as the Board's mem- ber to the Cultural Arts Commission since the inception of the Cultural Arts Commission; and WHEREAS, C.B. Miller, affectionately known as "Stub," actively par- ticipated in many, many other worthwhile organizations and civic projects, contributing valuable guidance and support in the interest and betterment of the City of Anaheim; and WHEREAS, the loss of the association of Stub Miller as a friend and public official will be keenly felt by the members of the City Council and all who were privileged to know him. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it deeply mourns the passing of Clarence B. Miller and extends sincere sympathy to his wife Inez and other members of his family. AND, BE IT FURTHER RESOLVED that this Resolution be spread upon the Minutes of the City Council and a copy thereof forwarded to Mrs. Miller. UNANIMOUSLY ADOPTED this 4th day of January, 1972. S/ JACK C. DUTTON, MAYOR S/ MARK A. STEPHENSON, MAYOR PRO TEM ATTEST: S/ CALVIN L. PEBLEY, COUNCILMAN S/ DENE M. DAOUST, CITY CLERK, CITY OF ANAHEIM S/ DON R. ROTH, COUNCILMAN S/ W,J. (BILL) THOM, COUNCILMAN" ADJOURNMENT: Councilman Pebley moved to adjourn. motion. MOTION CARRIED. Adjourned: 3:10 P.M. Signed ~]~__ ~ ~L~ City Clerk Councilman Thom seconded the