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1971/04/2071-226 City Hall, Anaheim, California - COUNCIL MINUTES -.April 20, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Mnrdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Giesler CITY CLERK: Dene M. Daoust CHIEF OF POLICE: David B. Michel DIRECTOR OF PARKS AND RECREATION: John J. Collier CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts INVOCATION: Lt. Wesley Sundin, of the Salvation Army, gave the Invocation. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Alle- giance to the Flag. COUNCIL REORGANIZATION: The meeting was called to order by the City Clerk, who announced that according to Council Policy No. 111, this was the date and time established for reorganization of the Council, and thereupon announced nominations were in order for Mayor of the City of Anaheim. Councilman Pebley nominated Councilman Dutton for the office of Mayor. Councilman Stephenson seconded the nomination. Councilman Pebley moved nominations be closed. Councilman Stephen- son seconded the motion. MOTION CARRIED. Roll Call Vote: AYES: NOES: ABSTAINED: COUNCILMEN: COUNCILMEN: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None Thom C~ncilman Thom advised that his abstention from voting for Mayor was no criticism of Councilman Dutton, since he felt Councilman Dutton had done an excellent job as Mayor this past year; however, he believed the Mayor of the City of Anaheim should be elected by vote of the people, and not by Council members, with election of Mayor Pro Tem remaining the prerogative of the Council. Councilman Dutton was declared elected Mayor of the City of Anaheim. The City Clerk announced that nominations were in order for the of- fice of Mayor Pro Tem for the City of Anaheim. Councilman Roth nominated Councilman Stephenson Mayor Pro Tem. Coun- 'cilman Dutton seconded the motion. Councilman Pebley moved nominations be closed. Councilman Dutton seconded the motion. MOTION CARRIED. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson,Pebley, Thom and Dutton None None Councilman Stephenson was declared elected Mayor Pro Tem of the City of Anaheim. Mayor Dutton assumed the Chair, thanked the other Council members for their expression of faith in him to serve as Mayor for the City of Anaheim, and declared his determination to continue to merit that confidence. 71-227 .City Hall, Anaheim~ California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. Councilman Stephenson thanked the other Council members for entrust- lng him with the office of Mayor Pro Tem, and promised to uphold the dignity and responsibility of that office, to the best of his ability. PROCLAMATION: The following Proclamation was issued by Mayor Dutton and unanimously approved by the City Council: "Care Month"- May, 1971. RESOLUTION OF GRATITUDE: The following Resolution of Gratitude, unanimously adopted by the City Council, was presented to Mrs. Dene M. Daoust by Mayor Dutton, together with a bouquet of roses and a 25-year Service Pin from the City Council: "WHEREAS, in a quarter-century of exemplary service to the people of Anaheim, Dene M. Daoust has established an enviable record of efficiency, diligence and loyalty; and "WHEREAS, in all of these years, as Deputy City Clerk and City Clerk, Mrs. Daoust has greatly assisted in Anaheim's administrative affairs through her professional eXpertise and mature judgment; and "WHEREAS, throughout the work-a-day tempests of a long career, Mrs. Daoust has exhibited that special quality of human warmth and consideration for those with whom she has come in contact. "NOW, THEREFORE, BE IT RESOLVED that this City Council, speaking for the citizens of Anaheim, the professional City staff and the eight Mayors whom Mrs. Daoust has served, offers her this Resolution of Gratitude, together with their sincere good wishes for continued health and happiness and many more years in the service to her City. "AUTHORIZED by the Anaheim City Council this 20th day of April, 1971. S/ JACK C, DUTTON, MAYOR S/ CALVIN L, PEBLEY, MAYOR PRO TEM . S/ DON R. ROTH, COUNCILMAN ATTEST: S/ MARK A. STEPHENSON, COUNCILMAN S/ALONA M. FARRENS DEPUTY CITY CLERK, CITY OF ANAHEIM S/ W.J, (BILL) THOM, COUNCILMA/~' MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 30, and Adjourned Regular Meeting held April 6, 1971, were approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: D_~uds against the City, in the amount of $917,273.31, in accordance with the 1970-71 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 70-71-36: Submitted by Continental Casualty for a change of zone from R-A(O) (Agricultural-Oil Production) to C-3(Heavy Corm~erctal) on property located on the south side of Frontera Street, east of Rio Vista Street. 71-228 .~ity Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. The City Planning Co~nission, pursuant to Resolution No. PC71-52, recommended said reclassificatzon be disapproved. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He added that the Applicant had expressed the intent to put an auto sales and service facility on this property; however, the General ~lan designates this area as appropriate for Medium-density Residential development. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. Peter M. Gwosdof, 1695 Crescent Avenue, Attorney for the Applicant, stated that there presently is ~ non-conforming use print shop adjacent to subject property, and next to the print shop are about a half-dozen oil wells. He added that C-3 Zoning was requested because that was needed for the inten- ded Jeep sales and services facility; however, the Applicant would be willing to consider a more restricted use with a variance or conditional use permit, if the Council so desired. Mr. Gwosdof further noted that the proposed use would be an income- producing venture for the land without adding any burden to the City schools. sition. Mayor Dutton asked if anyone wished to address the Council in oppo- Larry Armour, 2731 West Lincoln Avenue, stated he was one of the owners of approximately 17 acres of land contiguous to the apartments in the area, and with one other parcel of land between theirs and subject property. Councilman Roth advised the parcel of land between subject property and that owned by Mr. Armour and his partners recently was sold, subject to R-3 zoning. Mr. Armour further stated that at the time his group petitioned for Medium-density Residential Zoning Qn their property three years ago, they expected to construct approximately 700 apartment units; however, be- cause of problems encountered with FHA, there presently are only 243 of these units built. He advised the General Plan now indicates Multiple-Family Zoning in the area from the Flood Control Channel to Rio Vista Street, and requested that that be maintained and subject application denied. Mayor Dutton asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 71R-148: Councilman Roth stated he believed the integrity of the area should be maintained, and this area is very well suited to R-3 Zon- ing. Councilman Roth offered Resolution No. 71R-148 for adoption, deny- ing Reclassification No. 70-71-36. Refer to Resolution Book. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-148 duly passed and adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (70-71-36) 71-229 City Hall~ Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. PUBLIC HEARING - RECEASSIFICATION NO. 70-71-37 AND VARIANCE NO. 2241' Submitted by Albert S. Toussau for a change of zone from R-A to 1t-3, to construct a 157-unit one and two-story apartment complex on property located on the east side of Sunkist Street, north of Ball Road, requesting waivers of: a. Code requirement that parking be within 200 feet of the unit it serves. b. Waiver of Code requirements that carports be enclosed on three sides. c. Waiver of storage cabinet location. The City Planning Coranission, pursuant to Resolution No. PC71-45, recommended said reclassification be disapproved,and pursuant to Resolution No. PC71-46, denied said variance. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the irmnediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He added that the original plans proposed 157 apartment units on the property, with a 10-foot wide landscaped strip to separate subject property from the R-1 development to the north, 68 units to be located more than 200-feet from the carport serving the unit, and 98 carports open on all sides with storage pro- vided within the units. Mr. Roberts advised that subsequent to the action by the City Plan- ning Commission reco~m~ending denial of subject petitions, the Applicant had submitted revised plans which deleted the necessity of the waiver of required space between carports and living units, and also providing a 10-foot wide landscaped strip along the eastern boundary to separate the proposed project from the R-1 development to the east, retaining the 10-foot wide landscaped strip along the northern boundary. He added that the City Planning Commis- sion, at their April 19, 1971 meeting again had recommended denial of the ap- plication; however, the 6 members present had unanimously agreed that if the Applicant had reduced the density of this project to conformto the maximum density permissible of approximately 18 units per acre in an R-2 zone, and provided a minimum of 20-feet of landscaped buffering along the north and east boundary, they would have recommended approval of the application. In reply to Councilman Dutton, Mr. Roberts advised that the R-3 de- velopment across Sunkist Street was separated from the R-2-5,000 development either by carports or single-story units within 150 feet of the R-2-5,000 boundary, and the backs of the carports abutting this property have walls either 10 or 12-feet high. He added that the City Planning Commission had felt these high walls were not an appropriate method of separation and fa- vored a 20-foot wide landscaped strip instead. The Council reviewed the revised plans, noting that two entrances/ exits are indicated, both on Sunkist Street. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. Douglas Simpson, of Ponderosa Homes, 4570 Campus Drive, Newport Beach, Developers, advised his company had constructed the 190-unit apartment complex to the west of subject property and also an apartment complex at Brook- hurst Street and Ball Road, and in both cases the City Planning Commission and City Council had requested an 18-inch parapet above the carports, making the walls as high as 14-feet in some instances. He added that he felt the 20-foot landscaped strip requirement created severe planning problems for the 7.2 net acres of land involved in this application, since there also were setback re- quirements on two boundaries, and suggested a compromise of eliminating some parking area to the north and having about 28 to 30-feet of landscaped area there, providing the balance of the parking at the eastern boundary line. He illustrated this suggestion on an artist's rendering of the proposed project. This plan, he stated, would result in a green area slightly in excess of 80% of what could be attained by providing the required 20-foot buffer strip, and also would allow retention of the undulating street pattern they had proposed; further, this procedure would result in slightly more than 10,000-feet of land- scaped area including some eucalyptus trees they hoped to retain. 71-230 City Hall, Anaheim~ California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. In reply to Councilman Dutton, Mr. Simpson advised that his proposal would decrease the distances between the fronts of the building somewhat, ne- cessitating additional variances; however, the number of units also would be reduced to 140, resulting in a density of 21.5 units per acre, rather than the original 22.7 units per acre. Mr. Simpson advised, with the exception of subject property, all the property on both sides of Ball Road to the proposed Orange Freeway, with the exception of the commercial' property at State College Boulevard, is either presently zoned R-3 or projected for R-3 use with densities ranging from 26 to 30 units per acre. Replying to Council questioning, Mr. Simpson stated that he believed there should be a better buffer method than a 12-foot masonry wall, and thus their suggestion of open carports with landscaped areas with required storage provided on the balconies of the individual units. Mayor Dutton asked if anyone wished to address the Council in op- position. Stuart Noble, 2526 Whidby Lane, whose home backs up to subject pro- perty at the northern boundary, referenced a petition submitted to the City Planning Commission, purportedly containing more than 100 signatures of area residents opposing R-3 zoning on subject property. He contended the existing single-family homes in that area are valued at more than $40,000.00, and read and then presented to the Council letters from Anaheim Savings and Loan Asso- ciation and Pasadena Federal Savings and Loan Association t~ confirm his state- ment that the values of.single-family homes are depreciated when located next to R-3 units. Mr. Noble asked that the resolution of intent to reclassify this property R-1 (Reclassification No. 68-69-84) be maintained and subject peti- tion denied. Replying to Council questioning, Mr. Noble stated that he felt a 20-foot landscaped area separating R-1 property from R-3 property was more desirable than a high wall; however, he preferred to have subject property developed for single-family residences. He advised there presently are 8 single-family homes on the northern boundary line and at least 5 on the eas- tern boundary of subject property. Councilman Pebley questioned the plans for Hilda Street. Mr. Roberts advised the Interdepartmental committee had recommended Hilda Street be brought through to Sunkist Street at the time of the previous zoning action on the property; however, the City Planning Commission had gran- ted the request of the property owners in area that Hilda Street terminate where it now is, and thus the Interdepartmental Committee recommendation on this application is for a modified cul-de-sac for that street. Mr. Murdoch stated such a procedure not only would result in a cul- de-sac over 1,000-feet in length, which is more than twice the allowable length of 500-feet for a cul-de-sac, but also would upset the drainage situ- ation and traffic flow in the area. Councilman Dutton noted such a cul-de-sac would result in an ex- tremely long run for the Fire Department to answer an emergency call at the end of the cul-de-sac. Mayor Dutton invited the Applicant or his Agent to again address the Council. Mrs. Ann Madison, 600 South Harbor Boulevard, Agent, advised that some area residents had requested, as a condition of their approval of an apartment complex on subject property, that Hilda Street not be cut through to Sunkist Street, and that the developer provide drainage to rectify the present problem of water backing up at the end of Hilda Street, and the de- veloper had agreed to this. She referenced a favorable petition formerly submitted to the City Planning Co~nission, and advised that in talking to 71-231 City Hall, Anaheim~ California - COUNCIL MINUTES - April 20~ 1971, 1:30 P.M. all but one property owner adjacent to subject property, only two voiced ob- jection to the proposed development; also that 5 of the adjacent R-1 resi- dents had signed her petition stating no objection. Mrs. Madison further stated that since the Master General Plan for the area had changed in 1969 to a designation of low-medium density for subject property, she felt the plans, as submitted, were far superior to an R-2-5,000 development, which could have cheaper construction and 2-story homes within 5-feet of the boun- dary line. Mr. Simpson stated the same construction features would be used in the proposed complex as in their development across the street. It was determined sufficient evidence had been presented, and Mayor Dutton declared the hearing closed. Mr. M~rdoch reiterated his concern about the proposed lengthy cul- de-sac and the drainage situation, stating that unless there was some solu- tion for the drainage problem that was not indicated on the plans submitted, it appeared there still would be a problem of water backing up, getting an algae formation, and giving off an offensive odor. He commended the developer on~ his design, but expressed concern about economics of the continuing main- tenance and traffic-flow problems. Mr. Mmrdoch suggested there could be a possible solution if the developers and owners of the total parcel would be willing to extend the street adjacent to the Freeway, cutting off the cor- ner of the proposed development, and going through the as-yet undeveloped, but proposed C~I property; however, since the one section of C-1 property intended for a service station is not owned by the same party owning the rest of the property, the street probably would necessarily have to run across the south end of subject property. RESOLUTIONS: Councilman Stephenson offered Resolutions to deny Reclassifi- cation No. 70-71-37 and Variance No. 2241, without prejudice. Councilman Pebley suggested the developer consider accepting R-2- 5,000 zoning. Discussion between the Council and Applicant's Agents revealed that the developer had understood their revised plans took care of street and drain- age problems in the manner desired by the City Planning Commission and En- gineering Department. Mr. Simpson therefore requested a continuance to provide an oppor- tunity to attempt to further revise the plans in an effort to solve the drain- age and traffic problems in accordance with the City Council's desires. He added that they would have no interest in R-2-5,000 zoning. Councilman Stephenson withdrew his foregoing offered Resolutions. On motion by Councilman Roth, seconded by Councilman Thom, action on Reclassification No. 70-71-37 and Variance No. 2241 was continued to May 18, 1971, 1:30 P.M., as requested by the Developer. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 2240: Submitted by Mary Matuchansky, to permit an automobile service station not at the intersection of two major, primary or secondary highways on C-1 zoned property located at the northeast corner of Brookhurst Street (major arterial street), and Orange Avenue (collector street.) The City Planning Commission, pursuant to Resolution No. PC71-51, denied said variance. Appeal from action taken by the City Planning Commission was filed by Warren C. Lefebvre, Rinker Development Corporation, Agent, and public hearing scheduled this date. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the irm~ediate area, and briefed the evidence submitted to and considered by the City Planning Commission. 71-232 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 20~ 19'~1, 1:30 P.M. In reply to Councilman Pebley, Mr. Roberts advised a service sta- tion had been located on subject property for several years; however, this building was demolished approximately 6 months ago and, since the station was a non-conforming use, a variance is required before a station can be rebuilt on the property. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the City Council. Harry Knisely, Attorney representing the Agent for the Applicant, presented a photograph depicting the proposed service station. He stated that he understood arterial designations are based on future traffic volume and not on the present traffic and, in his opinion, there is more traffic at the intersection in question than at many where service stations are per- mitted; since Brookhurst Street now has the third largest volume of traffic in the City, it was his opinion subject location is appropriate for a service station. He referred to statistics on vacant service stations at permitted locations versus those at intersections where Code now prohibits new sta- tions or where there are no intersections, in an attempt to show they are more successful at locations such as the one proposed. Mr. Knisely further stated that, if approved, the Mobil Oil Sta- tion that has been operating on the northwest corner of that intersection for 15 years will move its operation to this location, since their present site is not large enough to handle their business efficiently. Mayor Dutton asked if anyone wished to address the Council in oppo- sition; there being no response, declared the hearing closed. RESOLUTION NO. 71R-149: Following Council discussion, Councilman Pebley offered Resolution No. 71R-149 for adoption, approving Variance No. 2240, subject to the following conditions recommended by the Interdepartmental Committee: 1. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Brookhurst Street and Orange Avenue for tree planting purposes. 2. That street lighting facilities along Brookhurst Street and Orange Avenue shall be installed as required by the Director of Public Utili- ties, and in accordance with standard plans and specificatzons on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the sidewalks shall be repaired, and the driveways shall be installed along Brookhurst Street and Orange Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 4. That subject property shall be developed substantially in ac- cordance with adopted Service Station Minimum Site Development Standards. 5. That subject property shall be served with underground utili- ties. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residences. 8. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4. 9. That Condition Nos. 1, and 2, above mentioned, shall be com- plied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the City Gouncil may grant. 10. That Condition Nos. 3, 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2240. 71-233 City Hall, Anaheim~ California- COUNCIL MINUTES - April 20, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: C OUNC ILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-149 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE ~ERMIT NO. 1225' Submitted by Brookhurst Apart- ment Fund, Ltd., to establish a child care center serving the general public in an apartment complex on R-3 zoned property located on the south side of Crescent Avenue, east of Brookhurst Street; and further described as 2130 West Crescent Avenue. The City Planning Cormmission, pursuant to Resolution No. PC71-38, granted said conditional use permit, subject to the following conditions: 1. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1,2, 3, 4, and 5. 2. That Condition No. 1, above mentioned, shall be complied with prior to final building and zoning inspections. 3. That the use shall be limited only to the children of the ten- ants of the apartment complex in which it is to be located. 4. That no signing shall be permitted on the property which would advertise the approved use. 5. That the use shall be approved by all appropriate agencies of the State of California. 6. That this Conditional Use Permit shall be granted for a~period of one (1) year, after which time, upon request by the petitioner, the use may be reviewed and considered for an additional period of time if the Plan- ning Cormnission determines that the use has had no adverse effects upon the surrounding area. Appeal from action taken by the City Planning Commission was filed by John D. Tapking, Larwin Company, Agent for the Applicant, and public hear- ing scheduled this date. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. He added that the City Planning Commission had been concerned that if the Appli- cant was permitted to serve children from outside the 380-unit apartment com- plex now under construction at this location it could result in a commercial use for people outside the apartment complex only, rather than an accessory residential use and could set a precedent for requests for other uses through- out the City, perhaps in smaller projects than subject project. John D. Tapking, representing Larwin Company and Larwin Motor Hous- ing and Brookhurst Apartments, Unlimited, Agent for the Applicant, advised they previously had been granted a permit to operate a child care center re- stricted to children within another apartment complex on the south side of Ball Road, east of Brookhurst Street; however, experience has shown that a minimum of 35 children is required to make such a venture successful, and there are not that many small children in the complex, so they do not intend to use that permit. He advised that they are requesting only a proportionate share of children from~ outside the complex to be allowed, if there are not enough chil- dren in the complex to fill their proposed center, adding that the children be selected first from within the complex,and secondly outside the complex, with a limitation of one-third to one-half of the total. This is the manner in which other cities have approved the use. In reply to Council questionimg, Mr. Tapking stated he knew of no opposition to his proposal from tenants in the apartment complex; it is an- ticipated a child care center would serve 79 children; and their operation 71-234 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. would necessarily comply with State Health Department regulations. Also, they would be satisfied if the number of children allowed from outside the apartment complex was limited to one-third of the total. He displayed an artist's render- ing of the apartment complex now under construction. Mr. Murdoch advised that the City would have access to the records and be in a position to enforce the limitation on the number of children ser- ved from outside the complex. Mayor Dutton asked if anyone wished to address the Council in oppo- sition; there being no response, declared the hearing closed. RESOLUTION NO. 71R-150: Councilman Pebley offered Resolution No. 71R-150 for adoption, granting Conditional Use Permit No. 1225, subject to the conditions reco~nended by the City Planning Commission, amending Condition No. 3, as fol- lows: 3. That the primary use shall be limited to children of tenants of the apartment complex in which it is to be located; providing, however, a maxi- mum of one-third of the total be children residing outside the apartment com- plex. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1225. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-150 duly passed and adopted. RECESS: Councilman Roth moved for a five-minute Recess. Councilman Pebley secon- ded the motion. MOTION CARRIED. (3:05 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all members of the City Council being present. (3:15 P.M.). PROPOSED ORANGE COUNTY-ANAHeIM MINI-BIKE/MOTORCYCLE PARK - TEMPORARY MINI-BIKE PARK: Director of Parks and Recreation John Collier referenced Orange County Board of Supervisors Resolution No. 71-309, requesting a Letter of Intent from the City of Anaheim, describing in detail plans for development and operation of the proposed Orange County-Anaheim Cooperative Venture, Mini-Bike/Motorcycle Park, on County-owned land (former Refuse Disposal Station No. 4-Newkirk Dump Site), and indicating the economic feasibility and the extent of Anaheim's fi- nancial commitment to the project. Mr. Collier recommended that, since the County thus far has been un- willing to assume their share of the liability for conducting a sound test on the site proposed for the joint venture, Anaheim consider developing and op- erating a Mini-Bike Park this summer on an experimental basis on the unused portion of the City-owned property (10 acres) adjacent to the Anaheim Stadium sod farm. He advised that the estimated cost - which would include a minimum amount of earth moving to prepare the site, provide watering facilities for keeping the dust down, temporary concession stands, etc., and insurance - would be $1,900.00; charging 50¢ per mini-bike for the anticipated 550 users per week, to net $55.00 per week after salary expenses, or a total of $825.00 for the sum- mer. Also, it is anticipated there would be volunteer help and some money from groups interested in the proposed activity to supplement the. expenditures es- timated by the City. The City Clerk submitted correspondence from Scooter Ville, a firm selling and servicing motorbikes, urging approval of the proposed temporary Mini-Bike Park. 71-235 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. Mr. Collier displayed a map and a sketch of the proposed temporary Minibike Park and advised that Montclair is the only other Southern Califor- nia city offering such a recreational operation. He further advised that, although a permit purportedly has been granted by the City of Orange for a possible mobile home park south of the proposed temporary bike site, this evidently will not be developed before the end of surmner. Mr. Collier fur- ther advised that bikes would be tested to assure the sound level does not exceed 88 decibels, which is the limit set by the State for highway use. In describing the park in greater detail, Mr. Collier stated the plans project three different tracks, approximately three-quarters of a mile in all of the tracks, and these could be operated independently so any of them could be closed down without affecting any of the other tracks. Councilmen Roth, Pebley and Stephenson suggested a charge of $1.00 per person could make such a project self-supporting. Since Mr. Collier stated the expected ages of children using the proposed park would be from about 6 to 13, Councilman Thom questioned whe- ther a charge of $1.00 might eliminate its use by the younger children. Councilman Dutton suggested a charge of $1.00 could be set in the beginning, and if it proved to be too high, it could be decreased later. Mr. Murdoch suggested that, since this project probably would be for this coming summer only, it be considered an investment to gain exper- ience. MOTION: On motion by Councilman Thom, seconded by Councilman Stephenson, approval was granted to develop and operate a Mini-Bike Park, for this sum- mer only, on the City-owned property adjacent to the Anaheim Stadium sod farm, as recommended by the Director of Parks and Recreation; charge to be set at $1.00 per person, with permission to revise that charge downward ad- ministratively, if such charge proves to be too high. MOTION CARRIED. SCOOTER VILLE: The Director of Parks and Recreation was requested, by gen- eral Council consent, to draft a letter to Scooter Ville, pointing out that- such a venture as the proposed temporary Mini-Bike Park requires a good deal of volunteer support, both in labor and material, and suggesting Scooter Ville participate in this manner. ORANGE COUNTY - ANAHEIM PROPOSED JOINT VENTURE: By general Council consent, Mr. Collier was directed to also draft a letter to the Orange County Board of Supervisors, advising that Anaheim wishes to continue discussion on the proposed joint venture at the Newkirk Dump Site, stressing the fact that this would be a regional activity, and as such, it is felt the Board of Su- pervisors should assume greater responsibility than they have indicated they are willing to accept thus far. TWILA REID SCHOOL COM~JNITY PARR- Requests were submitted by Mrs. William F. Berger, of Twila Reid Elementary PTA, and Mrs. Francis L. Flesner, of Dan- brook Elementary School PTA, to address the City Council regarding the com- munity park adjacent to Twila Reid School. The City Clerk also submitted correspondence received at open meet- ing from Royal C. Marten, urging completion of Twila Reid Park. Reports of the City Manager and the Parks and Recreation Director previously had been distributed to the Council. Mrs. William Berger, 839 Halliday Street, representing Twila Reid Elementary PTA; Mrs. Gary Smallwood, 7391 Grand Oaks Drive, representing Savanna Elementary (Stanton), Hanson Elementary and Apollo Junior High School; Carl Herman, 3109 Rome Avenue; Mrs. John Gustafson, 3627 Bouquet Avenue; Mrs. Robert Hupke, represening Danbrook PTA; and Ralph Bergman, 3328 West Faircrest Drive, addressed the Council at their invitation, and urged that the community park adjacent to Twila Reid School be completed as soon as possible. 71-236 ~ity Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. Discussion was held on the failure of the Parks Bond issue to be passed in the 1970 Municipal Election, and the fact that the only precinct in the area of Twila Reid School in which a majority of the voters were in favor of the issue was the one in which the school was located. Mrs. Berger recommended the issue again be placed on a ballot; how- ever, she felt the June, 1972 Primary Election would be more successful than either an April or November election if the Council did not feel a tax in- crease would be appropriate to obtain the necessary money. She offered to campaign for passage of the next parks bond issue. Reference was made to the Citizens Committee reports that had re- commended Twila Reid Park be completed as a 25-acre community park, and the fact that there now are 5 acres of school property in use adjacent to the school, 10 additional acres purchased by the City that presently are leased for raising strawberries, and the other 10 acres not yet purchased. The Council explained that 10 acres of property east of that now leased for strawberries had been scheduled for acquisition at an approximate figure of $30,000.00 an acre; however, the owner had requested $46,000.00, which was deemed too high and that land subsequently was sold and developed. In the meantime, the Wagner property became available for immediate purchase since it was an estate sale. As a result, the priorities were shifted, and the funds which had been earmarked for Twila Reid Park were used to purchase the Wagner property. There presently are 10 acres of land east of the land originally intended for purchase and it is the hope of the City to be able to purchase that land when funds are available. Regarding the lease on the property now used for strawberries, Mr. Murdoch advised that can be terminated at any time after a crop is harvested. He also advised that the revenues from that lease now go into the General Fund and are not significant to hold for development of the park. It was suggested by those addressing the Council that the 10 acres now under lease be cleared by the citizens in the area and the Little League allowed to set up baseball diamonds there. Mr. Collier advised they were not aware there was a shortage of base- ball diamonds in the area; there has been a ball diamond at Twila Reid Park for about 4-1/2 years, and to his knowledge, the Little League never has used it, except for practice; however, it has been used by the Bobby Soxers. It was suggested signs be posted at locations where park develop- ments are scheduled. The City Attorney advised this could be appropriate, de- pending on the wording. Referring to questions on the use of in lieu fees for the purchase of the additional 10 acres, Councilman Dutton advised that such fees are to be used to develop parks in the area in which they are collected; however, since most of the area around Twila Reid School has been developed, there are very few in lieu fees collected from that area. In reply to a request that the 10 acres now leased for the growing of strawberries be developed, Mr. Collier advised that it is difficult to develop a park piecemeal,and when they know the extra 10 acres definitely will be purchased, plans can be drawn up for the whole park; however, he of- fered to discuss the design of the park with the community in an effort to determine what would be desired. PROPOSED PLANNED COMMUNITY ZONE: The City Attorney presented a draft of a pro- posed amendment to Title 18 of the Anaheim Municipal Code, establishing a Planned Co~,m~unity Zone (PC), which he stated appeared an appropriate vehicle for development of the Nohl Ranch and other large land areas. Mr. Geisler recommended this draft be referred to the City Planning Commission for study and recommendations. On motion by Councilman Pebley, seconded by Councilman Stephenson, subject draft was referred to the City Planning Commission for study and re- commendations. 71-237 City Hall, Anaheim, California - COUNCIL MT__wUTES - April 20~ 1971, 1:30 P.M. RECLASSIFICATION NO. 67-68-62 - R~QUEST TO AMEND CONDITIONS: Request of Tom Key, Tom Key Realty, Inc., was submitted for a public hearing to amend conditions of Resolution No. 68R-219, approving C-O zoning for property located on the east side of Euclid Street, north of Crone Avenue. On motion by Councilman Pebley, seconded by Councilman Thom, the City Clerk was authorized to set public hearing on subject request. WORK ORDER NO. 612-B: On recommendation of the City Engineer, award of contract on Work Order No. 612-B, Beach Boulevard Storm Drain and Street Improvement, was deferred to April 27, 1971, 1:30 P.M., by general Council consent. PUBLIC IMPROVEMENT PROJECTS: Councilman Pebley offered Resolutions Nos. 71R-151 and 71R-152 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-151 - WOR~ ORDER NO. 611-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PIrBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE RIO VISTA STREET - STREET IMPROVEMENT FROM APPROXIMATELY 65 FEET SOUTH OF TO APPROXIMATELY 1,045 FEET SOUTH OF FRONTERA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 611-B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - May 13, 1971, 2:00 P.M.). RESOLUTION NO. 71R-152 - WORg ORDER NO. 616-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE BLUE GUM STREET, CORONADO STREET - STREET IMPROVE- MENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 616-B. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - May 13, 1971, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared ResolutiOns Nos. 71R-151 and 71R-152 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS - COMPLETED: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolutions Nos. 71R-153 and 71R-154 for adoption. Refer to Resolution Book. RESOLUTION NO 71R-153 - WORK ORDER NO. 613-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND T~E FURNISHINC OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NE- CESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT~ THE LA PALMA AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 599 FEET WEST O~,- TO 1,529 FEET WEST OF IMPERIAL HIGHWAY, IN THE CITY OF ANAHE, IM, WORK ORDER NO. 613-B. (O.E. Henderson) 71-238 .City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. RESOLUTION NO. 71R-154 - WORK ORr~R NO. 681- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SCHWEITZER PARK PEDESTRIAN BRIDGE IMPROVEMENT ACROSS CARBON CREEK CHANNEL, IN THE CITY OF ANAHEIM, WORK ORDER NO. 681. (K.E.Co Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolutions Nos. 71R-153 and 71R-154 duly passed and adopted. DEEDS OF EASEMENT: Councilman Thom offered Resolutions Nos. 71R-155 and 71R-156 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-155:ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Aztec Enter- prises; Harold D. Lockard) RESOLUTION NO. 71R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (William J. and Elva Vetter) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolutions Nos. 71R-155 and 71R-156 duly passed and adopted. PURCHASES OF SERVICES - LOWERING OIL LINES: The City Attorney reported that three oil lines, owned by Standard Oil Company in Knott Street, from 660 feet north of to 387 feet north of Cerritos Avenues must be lowered to allow for street improvements; Standard Oil Company has offered to do this work at a cost of $10,000.00 and absorb $3,700.00 of this cost themselves since they do not al- low an independent contractor to work on their lines. He thereupon recon~nen- ded the offer of Standard Oil Company be accepted. On motion by Councilman Roth, seconded by Councilman Stephenson, the offer of Standard Oil Company was accepted and work authorized in the amoun~, f~ ~00r00,300.00 as recommended by the City Attorney. MOTION CARRIED. PURCHASE OF EQUIPMENT - CONCRETE PIPE: The Assistant City Manager reported on in- formal bids received for the purchase of 1,715 feet of 18" Concrete Cylinder Pipe and Fittings for the Water Division as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX Ameron Pipe Products, E1 Monte ............ $15,809.80 United Concrete Pipe Company, Riverside ........ 16,842.00 On motzon by Councilman Stephenson, seconded by Councilman Thom, the low bid of Ameron Pipe Products was accepted and purchase authorized in the amount of $15,809.80, including tax. MOTION CARRIED. 71-239 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971~ 1:30 P.M. PURCHASE OF EQUIPMENT - SWEEPER ~ TNATCHER-THINNER: The Assistant City Manager reported on the recommended purchase of a Jacobson-Rogers Sweeper, with That- cher-Thinner attachment, for the Municipal Golf Course, and advised that the one vendor, B. Hayman Company, Inc. had submitted a quotation for said equip- ment in the amount of $4,616.85, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Stephenson, purchase was authorized in the amount of $4,616.85, including tax, as recom- mended by the Assistant City Manager. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on mo- tion by Councilman Pebley, seconded by Councilman Thom: a. Anaheim Parks and Recreation Commission - Minutes - March 16 1971. ' b. Anaheim Parks and Recreation Commission - Minutes - March 18, 1971. c. Financial and Operating Reports for the month of March, 1971. MOTION CARRIED. ORDINANCE NO. 2924: Councilman Stephenson offered Ordinance No. 2924 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-41 - R-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2924 duly passed and adopted. ORDINANCE NO. 2925: Councilman Roth offered Ordinance No. 2925 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-22 - C-i) RESOLUTION NO. 71R-157 - TERRY & ASSOCIATES, GOLF COURSE ENGINEER: Councilman Peb- ley offered Resolution No. 71R-157 for adoption, authorizing the Mayor and City Clerk to execute an agreement on behalf of the City of Anaheim for em- ployment of Terry & Associates for engineering services in connection with the Anaheim Hills Golf Course. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR- IZING THE EXECUTION OF AN AGREEMENT EMPLOYING TERRY AND ASSOCIATES TO PERFORM CERTAIN ENGINEERING SERVICES IN CONNECTION WITH THE ANAHEIM HILLS GOLF COURSE. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton Thom None The Mayor declared Resolution No. 71R-157 duly passed and adopted. POLICE DEPARTMENT FIELD COMMAND POST - FEDERAL GRANT: Assistant City Manager Robert M. Davis reported on proposal from Hughes Aircraft Company that a request be made for a Federal Grant of $308,229.00, under the Law Enforcement Assistance Administration Program for a Mobile Comm~nd and Control System, which would utilize an I.D. Van, presently owned by the Police Department that could be revamped for such use, and an aerial television system to allow direct visual communication where it was desirable to observe a scene by using a helicopter and microwave relay system. 71-240 City Hall, Anaheim, California - COUNCIL MINUTES - April 20, 1971, 1:30 P.M. Mr. Davis advised that a substantial amount of the grant would be used for a prototype since there presently is no such equipment known to be available. He further advised that the cost to the City of Anaheim in this project, aside from the van and some helicopter flight time when the system is ready for testing and debugging, would be in kind services only, and no cash outlay would be required. In reply to Councilman Stephenson, Police Chief Michel advised that the van that could be used for this project presently is used for identifica- tion processes and is not used to any great extent. Councilman Dutton stated objection to applying for a Federal Grant. On motion by Councilman Pebley, seconded by Councilman Thom, authori- zation was granted to make application for the Federal Grant. To this motion, Councilman Dutton voted "No." MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNCILMEN PEBLEY AND DUTTON: On motion by Coun- cilman Thom, seconded by Councilman Roth, Councilmen Pebley and Dutton were granted permission to leave the State for ninety days. MOTION CARRIED. SERVICE STATION ORDINANCE REVIEW: Councilman I~tton requested the Planning Staff review the existing Service Station Ordinance for possible redraft, since trailers cannot be hooked to some of the new model automobiles and it is sometimes necessary to furnish a truck to customers. Assistant Director of Development Services Ronald Thompson advised that this and other ordinances presently are being reviewed, and soon will be submitted to the City Planning Commission for recommendation. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. ADJOURNED: 5:15 P.M. City Clerk