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1971/06/15 Anaheim: California - COUNCIL MINUTES - June The City Council of the City of Anaheim met in regular session. ~-Ri-iSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson ~.~ENT: COUNCILMEN: Dutton .'RESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: M.R. Ringer DIRECTOR OF PUBLIC UTILITIES: Gordon Hoyt CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro Tem Stephenson called the meeting to order. i~VOCATION: Reverend Ernie Rogalski, of Bethel Baptist Ch~rch, gave vocation. ?i~AG SALUTE: Councilman Mark A. Stephenson led the Assembly in Allegiance to the Flag. ~_A~_p - $2~000~000.00 BONDS - WEEDEN & COMPANY~ Finance Director M. Ringer ,~n cor~outations of bids received for the sale of $2,000,000.00 Bonds ~ . i Anaheim, Water Revenue Series 1971 Bonds, and vcrf. fied that quota~o~s ,~ived were mathematically cerrect and that the bid of Weeden & Company '~d yielding the lowest net interest costs~ average net interest rate of .~onds being 4.9861%. ~ESOLUTION NO. 71R-251: After considering the various bids and the repo~ ~reon, Councilman Thom offered Resolution No. 71R-251 for adoption. Refer to Resolution Book. R~!~IH~UTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM, CALIFORNIA, AWARI ~ ~O~i0,000.00 BONDS OF SAID CITY TO THE BEST BIDDER AND REJECTING ALL Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pr~~ Tem declared Dasolution No. 71R-251 duly passeC ~.~i R£~TION OF APPRECIATION: A Resolution recognizing the success of *~ ~ land ~s evidenced by its un~recedented international accept.~.c~ and the fact that it will host its ]00-millionth visitor in Jun~ of 1971, was unanimously adopted by t~ City Council and pr~e~t~.~' to Robert Wcrmboudt, Disney~and Public Relations Manager, a~ t, Mickcy Mouse~ who was proclaimed Honorary Mayor for the day. RE%~iEMENT AND SERVICE AWARDS: Mayor Pro Tem Stephenson issued retir~.~?.~ ~ and service awards to the f~llowing City employees: Retf~t'ememt Awards: George A. Nelson, Utilities; Char]es A. Ho,~>~ lic Works; G~.adys E. Johnson, Library~ Harry L. Eckles, ~'~"~ Gene W. Boyle, Police; Theo,~ore A Cvek, Fire~ George C. (~i~; , $~a~ium. ~?rvice Awards: Edith Falkenstein, Library - 35 years; August F Utilities - 35 years; William C. Fry, Utilities - 25 years; W. Long, Utilities - 25 yea~'s; Richard A. Hoag, Police - 20 years; Leonard L. Eggleston, Police - 20 years~ Mike C. Hernandez, Utili- ties - 20 years; Duane R~ Carpenter, Fire - 20 years; Charlc? ~toffel, Parks and Recreation - 20 years. 71-339 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. SUGGESTION PROGRAM AWARD: Mayor Pro Tem Stephenson issued a Plaque to David Hoskins, ~ the Water Division, for his design of a water meter vault lid lifter. MINUTES: Minutes of the Anaheim City Council Regular Meetings held May 25 and June 1, 1971, were approved on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved' to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by .all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $279,130.56, in accordance with the 1970-71 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO 70-71-45 AND VARIANCE NO. 2249' Submitted by Hub City Construction Company, requesting a change of zone from R-A to R-3, to establish a 90-unit, two-story apartment complex on property located on the north side of La Palma Avenue, opposite the terminus of Frontera Street, with requested waiver of: a. Minimum required distance between buildings~ The City Planning Commission, pursuant to Resolution No. PC71-91, recommended said reclassification be denied, and pursuant to Resolution No. PC71°92, denied said variance. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and added that at the first hearing the City Planning Commission had expressed concern that resi- dential use would not be appropriate and had continued the hearing to allow the Applicants to find an alternate use; at the second hearing the Applicants ad- vised they wished to proceed with their original application, and thus the City Planning Commission recormnended denial, on the basis that the proposed zoning would not be in conformance with the Anaheim General Plan, and that placing people in an area surrounded by freeways and highways would not be a favorable environment. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was pre- sent and wished to address the City Council. Neil Irving, 12820 Studebaker Road, Norwalk, Planning Consultant rep- resenting the owners, stated that although the three-acre property is bounded on the northeast and northwest by a freeway, there are no on or off-ramps at this point and the property slopes downward from La Palma Avenue, creating a problem, and thus their contention that the property would not be conducive to commercial use. He advised that six years ago his firm completed a gen- eral plan for Cerritos, and since then several thousand homes and apartments have been constructed adjacent to freeways there, with commercial only at those areas accessible to on and off-ramps. Referring to the City Planning Commission Minutes, Mr. Irving noted the statement that having a residential development next to a freeway could present a noise problem. He noted the number of hotels and motels situated next to freeways and airports and stated it was their intent to properly insulate, soundproof and air condition their buildings. Mr. Irving advised that because of the location of the parking and related manuevering area, all but five units would be situated at least 45 feet from the right-of-way, and most of the units would be at least 65 feet away. In reply to Council questioning, Mr. Irving advised they propose 17 700-square foot, one~-bedroom units; 46 735-square foot, one-bedroom units; 7 840-square foot, two-bedroom units; and 20 1,O00-square foot, two-bedroom units. 71- 340 City Hail, A~..aheim~ California - COUNCIL MINUTES - June 15~ 1971~ 1:30 P,M. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition. Mrs. Gordon Dunlop, 521 North Chantilly Street, southwest of the oro- posed complex and across La Palma Avenue, objected to the apartments on the basis that this would add more traffic to the area which already is overbur- dened around 4:00 P.M. when Autonetics employees are leaving the plant. Lisa Sarabyn, 525 North Chantilly Street, questioned whether the number of parking spaces provided would be sufficient to accommodate visitor~, because if not, visitors would have to park in front of the homes across LJ Palma Avenue, as there is no parking on that street. She further advised that commercial, such as doctors' offices, would have only daytime parking, whereas an apartment complex would mean 24-hour parking. (It was noted no waiver to parking requirements was requeste~.) Mayor Pro Tem Stephenson asked if anyone else wished to address the Council; there being no response, declared the hearing closed. Following Council discussion, Mr. Irving was asked if he was famil- iar with the conditions recon~nended by the Interdepartmental Committee in the event the applications were approved. He replied affirmatively. RESOLUTION NO. 71R-252: Councilman Roth offered Resolution No. 71R-252 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the following conditions recommended by the Interde- partmental Committee: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53-feet in width from the centerline of the street along La Palma Avenue and a variable width strip of land from the centerline of the street along La Palma Avenue as required by the City Engineer for street- widening purposes. 2. That all engineering requirements of the City of Anaheim, along La Palma Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engimer; that street light- ing facilities along La Palma Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and spe- cifications 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 owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along La Palma Avenue for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by underground utilities. 8. That a 6-foot masonry wall shall be constructed along the Free- way right-of-way line. 9. That drainage of subject property shall be disposed of in a man- ner satisfactory to the City Engineer. 10. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 71-341 City Hall, Anaheim~ California - COUNCIL MINUTES - June 15, 1971~ 1:30 P.M. 11. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, and 3, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null arid void by action of the City Council unless said conditions are complied with ~thim 180 days from the date hereof, or such further time as the City Council may grant. 12. That Conditions Nos. 4, 5, 6, 7, 8, and 9, 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 FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING ~HOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-45 - R-3) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley and Stephenson NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-252 duly passed and adopted. RESOLUTION NO. 71R-253: Councilman Roth offered Resolution No. 71R-253 tor adoption, granting Variance No. 2249 as requested, subject to the following conditions recommended by the Interdepartmental Committee: 1. That this variance is granted subject to the completion of Re- classification No. 70-71-45, now pending. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, mar- ked Exhibit Nos. 1, 2, and 3. 3. That Condition No. 2, 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 GRANTING VARIANCE NO. 2249. Roll Call Vote: AYES: COUNCIL~N: Roth, Pebley and Stephenson NOES: COUNCIL~N: Thom ABSENT: COUNCIL~N: Dutton The Mayor Pro Tem declared Resolution No. 71R-253 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO 70-71-52 AND VARIANCE NO. 2251' Submitted by Helen G. McCurdy, requesting a change of zone from R-A to R-2, proposing 6 multiple-family dwelling units on property located on the south side of La Palma Avenue, east of State College Boulevard; and further described as 2204 East La Palma Avenue, with waiver of: a. Minimum required Recreation Leisure Area. The City Planning Commission, pursuant to Resolution No. PC71-93, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53-feet in width from the centerline of the street along La Palma Avenue for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along La Palma Avenue for street light- ing purposes. 71- 342 City Holl, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along La Palma Avenue for tree planting purposes. 4. That sidewalks and driveways shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by underground utilities. 8. That a 6-foot masonry wall shall be constructed along the south, ~ast and west property lines. 9. That drainage of subject property shall be disposed of in a man- ner satisfactory to the City Engineer. 10. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 11. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 12. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition No.(s) 1, 2, and 3, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by ~ction of the City Council unless said conditions are complied with within 180 days from the date hereof, or such further time as the City Council may grant. 13. That Condition Nos.(s) 4, 5, 6, 7, 8, 9, and 10, above mentioned, shmll be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC71-94, zranted said variance, subject to the following conditions: 1. That this variance is granted subject to the completion of Re- classification No. 70-71-52, now pending. 2. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, mar- ked Exhibit Nos. 1, (Revision No. 1) and 2. 3. That Condition No. 2, above mentioned, shall be complied with prior to final building and zoning inspections. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and briefed the evi- dence submitted to and considered by the City Planning Commission. He further noted that the original application had requested five waivers, but that the Applicant had submitted revised plans which now require only the one waiver; also, that the requested use was in conformance with the Anaheim General Plan. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil: there being no response, declared the hearing closed. RESOLUTION NO. 71R-254: Councilman Pebley offered Resolution No. 71R-254 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-52 - R-2) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson COUNCILMEN: None COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-254 duly passed and adopted. 71-343 City Hall, Anaheim~ California - COUNCIL MINUTES - June 15~ 1971, 1:30 P.M. RESOLUTION NO. 71R-255: Councilman Pebley offered Resolution No. 71R-255 for adoption, granting Variance No. 2251 as requested, subject to the recommenda- tions of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2251. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley~ Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-255 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2254: Submitted by S.V.D. Catholic Universities, Inc., to construct a 35-foot high, 265-square foot, free-standing sign on C-] zoned property located on the north side of Ball Road, east of Magnolia Avenue, with waivers of: a. Maximum aggregate sign area. b. Maximum free-standing sign height. c. Maximum free-standing sign area. d. Maximum area of a wall sign. The City Planning Commission, pursuant to Resolution No. PC71-87, denied said variance. Appeal from action taken by the City Planning Commission was filed by Charles H. Riffe, Federal Sign & Signal Corporation, Agent, which appeal also indicated a desire to decrease their request to the revolving-pole sign only, to be installed at a maximum height of 25 feet overall above grade, making the only requested waiver for a sign 42-square feet over area. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and advised that based on the original application, the City Planning Commission had felt the number of waivers and types of signs proposed would be totally unwarranted for this particular site. He added that the revised plans call for a display area of 149-square feet, 29-square feet over the permissible area, and this would be the only waiver required. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was present and wished to address the City Council. Charles H. Riffe, 1100 North Main Street, Los Angeles, Agent, ad- vised that Dixie Industries has ordered several identical signs from them for their business establishments, which have been manufactured, and it is diffi- cult now to change them although the proposed sign has been reduced in an at- tempt to comply as near as possible with the Sign Ordinance. He also stated that there is an identification problem at subject location and this could be corrected by the proposed sign which would be the only sign on the property. R0nald Ni~n~0n, Di×ia Indugtri~, 2010 Wilghir~ BoulevarH, Santa Monica, advised that they are trying to maintain uni£ormity in their signs, 8 of which have been installed thus far, and the free-standing sign requested would be the only identification on subject property, since the ancillary signs have now been eliminated. Nick Dovalis, 1625 Chanticleer, owner of the property directly east of subject property, asked for the dimensions and location of the proposed sign and was advised the sign would be installed adjacent to the right-of-way and would be a flat-faced circle, approximately 13½-feet in diameter. Mr. Do- valis stated he had no objection to the proposed sign and urged the Council approve the appl%cation since the building on the property has been vacant 71- 344 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. for about a year and he would like to see it occupied, in which event he would develop his own property. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition; there being no response, declared the hearing closed. Mr. Roberts advised that the original application had included neon tubes projecting from the edge of the sign, to give the effect of a paddle wheel~ however, he understood these now have been eliminated. The Applicant indicated agreement that the proposed sign would not contain such projecting neon tubes. RESOLUTION NO. 71R-256: Councilman Thom offered Resolution No. 71R-256 for adoption, granting Variance No. 2254, in part, denying Waivers "b" and "d", as no longer necessary by virtue of revised plans, granting Waivers "a" and "c", subject to the following Interdepartmental Committee recommendations, with no neon tubes to be projecting from the edge of the sign, as stipulated to by the Applicant: 1. That a parcel map to record the approved division of subject property be submitted to and approved by the City of Anaheim and then be re- corded in the office of the Orange County Recorder. 2. That adequate clearance of existing electrical lines be provi- ded as required by the Electrical Division, Department of Public Utilities, and the State of California G.O~ 95. 3. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim, mar- ked Exhibit No. 1, Revision No.1, and Exhibit No. 2, Revision No. 1. 4. That Condition No. 1, above mentioned, shall be complied 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 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. 5. That Condition Nos. 2 and 3, 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 GRANTING VARIANCE NO~ 2254, IN PART. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-256 duly passed and adopted. PUBLIC HEARING - HOUSE MOVING PERMIT: Application submitted by Earl Chessman and Jean Plettinck, requesting permission to move a dwelling from 3630 Westmins- ter, Santa Ana, to 402 South Ohio Street, Anaheim, was reviewed by the City Council, together with report of the Development Services Department, recom- mending said permit be approved. Zoning Supervisor Charles Roberts advised that if this permit is approved, the Development Services Department recommends it be subject to the payment of park and recreation fees. Mayor Pro Tem Stephenson asked if the Applicant was present and concurred with the recommendations of the Development Services Department, to which Jean Plettinck, 1740 Mayfair, Orange, one of the Applicants, replied affirmatively. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition; there being no response, declared the hearing closed. 71-345 City Hall, AnaheSma .California _ GouNc!L MINUTES - June 12, 1971, .~:30 R~O~TIOH P0, 71R-257; Councilman Pebley offered Resolution No. 71R-257 for adoption, granting said House Moving Permit, subject to the conditions reconm~ended by the Development Services Department. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO EARL CHESSMAN AND JEAN PLETTINCK, TO MOVE A DWELLING FROM 3630 WESTMINSTER, SANTA ANA, CALIFORNIA, TO 402 SOUTH OHIO STREET, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILP~N: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-257 duly passed and adopted. PUBLIC HgAR.!.N~ - HOUSE MOVING PERMI%: Application submitted by Alex Barreta, re- questing permission to move a dwelling from 5441 Suranerdale, Lynwood, to 915 East Santa Ana Street, Anaheim, was reviewed by the City Council, together with report of the Development Services Department. Zoning Supervisor Charles Roberts advised that if this application is approved, it is the recon~nendation of the Development Services Department that it be subject to the payment of park and recreation fees and also sub- ject to the house being brought up to the minimum 1,225-square footage re- quirement. Mayor Pro Tem Stephenson asked if the Applicant was present and concurred with the recommendations of the Development Services Department, to which Mr. Vidal, 403~ South Bush Street, Agent for the Applicant, replied affirmatively. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition; there being no response, declared the hearing closed. RESO~TION NO, 71R-258: Councilman Thom offered Resolution No. 71R-258 for adoption, granting said house moving permit, subject to the conditions recom- mended by the Development Services Department. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO ALEX BARRETA, TO ~OVE A DWELLING FROM 5441 S~DALg, LYNWOOD, CALIFORNIA, TO 915 EAST SANTA ANA STREET, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-258 duly passed and adopted. RECESS: Councilman Thom m~ved for a five-minute Recess. Councilman Pebley secon- ded the motion. MOTION CARRIED. (2:50 P.M.). AFTER RECESS; Mayor Pro Tem Stephenson called the meeting to order, all members of the City Council being present, with the exception of Councilman Dutton. (3:00 P.M.). 71-346 .~ity Hall, Anaheim, California - COUNCIL MINUTES - June 15, !971, 1:30 P-.M, PUBLIC HEARING - PROPOSED 1971-72 BUDGET: Public hearing was held on the Proposed 1971-72 Budget for the City of Anaheim, in accordance with legal notice there- of published in the Anaheim Bulletin on June 4, 1971. Following is the Bud- get Message of the City Manager: "To the City Council and the Citizens of Anaheim: The following budget for 1971-72 is patterned to be financed with- out the adoption of new revenue sources. It totals $43,212,927, which is 7.9% higher than the 1970-71 budget adjusted for the salary and working con- dition settlements added after July 1, 1970. In order to maintain a reasonable level of service and stay within the current revenue structure, we have omitted a net of 68 payroll positions from the previous budget. Only twelve of these positions necessitated lay off. Ail others are positions which were either determined not to be criti- cal enough to fill during the past year, were filled with part-time person- nel, or were positions vacated during the year and determined not sufficiently critical to refill. We believe that we will be able to operate the budgeted program with this effective curtailment even though it does mean a reduction in working capacity. In view of the continued inflationary spiral, this budget is quite conservative. Some of the inflation indicators are; employee compensation and other costs as reflected by an increase in consumer price index of 5.1%. Demand for City services are constantly increasing due to a continuous in- crease in crime rate. Police calls this past year have increased 15%. The crime increase from 1960 to '65 increased 39.8% and an additional 63% from 1965 to '70. Additional increased~ City services are caused by an acceler- ated tourist and convention activity, a population increase of 2.5% to 3% and, contrary to the national trend, a favorable building activity. The submitted figures represent a workable program for the coming year but not a program which I believe neither the City Council nor the citi- zens of Anaheim would like to see for their dynamic city. It enables the City to maintain most of the services now provided and with many of the standards of service held at a desirable level. It also enables the City to meet its previously contracted obligations and to continue with con~nitted projects for future betterment. It is an unusual budget for a city with the dynamic image of Ana- heim, the 8th largest City in California. It has grown large not just in population, but in building valuation, industry, bank deposits, retail sales and many other wealth indicators. Even though we are supposed to be in a nationwide slump, Anaheim had its second busiest building year ever, this past year. Even though the aerospace industry dropped severely, new indus- tries have located here, and expansions have continued at a booming rate. 149 new licenses were issued for industrial firms or industrially oriented firms (1,892,223 square feet of new construction) and 19 existing plants added a total of 204,432 square feet. This activity represents about 4,000 new jobs for apayrollof about 32 million dollars. Activity of this nature doesn't just "happen." It occurs to a great extent because of the Anaheim image in business, in industry, in liva- bility, and in local aggressive government. Anaheim has the capacity to provide a good service standard and an even better living environment for its present and future citizens and taxpayers. Therefore, I should point out some disturbing deficiencies or omissions which really should be provided in this coming year's program. Specifically, the deficiencies and omissions are as follows: The Contingency allowance has been reduced to a very minimum fig- ure, only 1/3 of 1% of the total budge{. This means very little flexibil- ity will be possible in the operation of next year's program. A contingency of 1% or $430,000 is more consistent with good budgetary practice. Unforeseen 71-347 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P,M. land purchase requirements, such as the property next to Twila Reid School and Park and last year's purchase of the Wagner property, are typical ex- amples of the need for an appropriate Contingency. Without an adequate Con- tingency to cover unforeseen items of this sort, major program cuts would have to be made in order to provide for them. No provision has been made for any bond election or other special election which the Council may feel desirable. A special election would cost about $29,000 for a single issue with an additional $2,100 for 2 to 4 additional issues plus substantial bond attorney's fees. A sound fiscal policy requires that major long term improvements be financed on a long term basis whereby the future users are sharing in the cost. I have not included any provision for increase under Con~manity Promotion for the contracts with the Visitor and Convention Bureau nor the Chamber of Con~nerce, although I recognize the desirability of accelerating these promotional activities, particularly if Anaheim is to take advantage of its potential in tourism revenue. As Anaheim Stadium gets older, some major preventive maintenance becomes advisable. Such items as steel painting, concourse refinishing, parking lot resurfacing, scoreboard repa~nting, and replacement of equipment such as water heaters and air conditioning add up to a program necessitating an average of about $90,000 per year more than we now budget. No provision is made in this budget for expanding the Convention Center on the basis that any expansion would be done with revenue bonds. This is an important item of considerable magnitude, hence should be con- sidered separately, but in conjunction with the budget. Major preventive maintenance will soon be facing the City here also, but can readily be in- cluded in any long range Convention Center planning, particularly since re- venue at the Center is increasing. The Convention Center budget does provide for leasing of the Shroe- der property (parking area) for another year, rather than exercising the City's option to purchase. Purchase will require $100,000 down payment with principal and interest payments continuing from then on to the end of the purchase contract. Ail payments other than the down payment will be made from revenues obtained from the City's lease to Royal Inns. The Library budget again does not include an audio-visual program. In addition, both the book, magazine and periodical inventory and the book binding budget have been reduced substantially below desirable level. The reduction is in dollar amount. The effect is even greater, since book and magazine prices have increased and so has the cost of book binding. No pro- vision is made for expanding library service or facilities, both of which should be considered in long range pl~mning. This is a typical example of the declining ability even in present facilities, to keep up with popula- tion growth and increasing citizen interest without providing additional revenue. The Police budget of $4,417,716 should continue our present level of service this year, because we have assigned many duties to Cadets and some to civilian personnel. The effect is to apply the thereby released sworn Officers to meet the expanding demand for such personnel. We must recognize that not only is the population increasing (63% since 1960) but major crime rate is also. We cannot realistically expect this trend to turn! therefore, we must anticipate greater cost for crime prevention and provide for it in immediate future years. The Fire Department budget of $2,432,110 is substantially less than normally would be anticipated, since the manpower and equipment for the new station on Euclid north of Crescent is again postponed. We prob- ably must include at least one new station and manpower in 1972-73. 71- 348 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. We have shown a reduction in staffing of the Disaster Services to two people. This will downgrade the degree of service available to the pub- lic, but we believe without severe results. Probably the most severe impact of the strict budgeting this year is shown in the public works area where 12 positions were not filled this year and have been removed from the new budget in spite of an increasing work load. The areas affected are as follows: A reduced standard of janitorial service (we believe this may prove to be adequate). An 18% reduction of the Street Maintenance Program (in or- der to accommodate the 10 year Alley Paving Program). The desirable program would involve some type of preventive maintenance approximately every 10 years on each street (or about 8 million square feet per year). Such a standard is about double our budgeted effort and would cost about $400,000/year addition- ally. A 35% reduction in sewer cleaning and maintenance. We will try re- liance upon emergency repairs rather than a scheduled cleaning and repair pro- gram for the most part. We doubt that this approach is satisfactory for more than one or two years at most. We plan to delay microfilming of Public Works records this year, al- though we already are behind in this program. Property Maintenance Division will not be able to fabricate equip- ment nor handle minor construction to the degree now practiced. This is an internal operational deficiemcy but will not be noticed by the general pub- lic. The Street Sign Maintenance Program will be curtailed somewhat and may be apparent to an observant public. We are also cutting back on right-of-way activities relating to property purchases. This may or may not have a noticeable adverse effect, but likely will cause some internal delays. The program of replacement of equipment is generally reduced in all departments. This likely will result in a heavier maintenance program and more expense in the long run. We do feel that the proposed level is adequate for this coming year, however. Sidewalk and curb repairs have approximately a 6 month's backlog. We anticipate that this backlog will increase slightly until an additional crew is employed. No new funds are provided for storm drains. The Chantilly Drain will be constructed concurrent with Orange Freeway construction from funds previously allocated and a few minor storm drainage projects will be construc- ted as a part of street paving activities. The sanitation workers employed by Anaheim's two trash collection contactors have just completed negotiations for wage and working condition adjustments. We have not allowed for any possible contract adjustments in the budget. City policy is for the customer to carry the costs of service. Any changes would reflect in budget changes. In the Utilities Department's area of responsibility, the most not- able deficiency actually causes an increase in the annual budget. Since major replacement expenditures and expenditures for growth and expansion of the el- ectrical system to serve our customers are not provided on a logical long term basis, these expenditures must be allocated as they occur. This places an undue burden on today's customer rather than sharing the cost with future customers. If Anaheim's utilities are to operate efficiently, long term fi- nancing is essential. 71-349 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Likewise the street lighting system of Anaheim should be substan- tially upgraded. We have only budgeted a minimum for this purpose. The budget will also need to be adjusted to reflect the effect of the Edison Company's rate increase filing with the Federal Power Commission. If an increase is granted, the cost of power to Anaheim will be increased. Anaheim will have to likewise increase the City's rate to the consumer. Other- wise, increase will adversely affect the amount of money supplied to the Gen- eral Fund by the electrical operation. The Park Program actually will continue at approximately the same pace as the current year with only that development which can be done pri- marily with currently employed crews. Very little allocation for develop- ment shows in the budget, since we are behind schedule and have the funds accumulated to keep the crews active this coming year. We have not provided funds for improvements which would be done by contract such as safety light- ing at Edison, John Marshall, and Lincoln Parks; or for ball field lighting at Brookhurst Park; or a scoreboard at Boysen Park. Neither have we provided for matching funds for purchase and development of additional parks, if the President's "Legacy of Parks" Program is implemented. If Anaheim is really serious about providing livability, some of this provision should be now, not just for future generations. These are not all of the areas for consideration, but they should show the problem. On the more positive side, the submitted program does include these major or significant items or improvements. Operation and maintenance costs for the Cultural Arts Center at Horace Mann School are included in the expectation that the community will support the project to convert the building. The budget allows for the substantial increases for employee re- tirement as adopted last year. The additional cost for police and fire bud- gets is about $1,100,000 with another $100,000 for miscellaneous employees. We have also provided $208,000 to cover the effects of SB 249 now.before the State Legislature with very little opposition. The Police Department will begin transition to UHF communications equipment along with the County of Orange and all of the other Orange County Cities. This is a cooperative 3 year effort with at least 60% of the cost coming from Federal Funds. The project will greatly improve law enforcement communications. Anaheim's portion of the cost this year will be $36,000. The Department also is now using the computer for assistance in man- power assignments for maximum effectiveness. Information is tabulated from the radio log to show incident information such as type, location, and time. Later this year additional information from the officer's daily records will be added to this operational system. In Public Works, the Mechanical Maintenance Division now maintains 887 units of many types from lawn mowers, through passenger vehicles, to heavy equipment such as boom trucks and aerial ladders. We operate a swing' shift in order to handle critical maintenance during hours when the equipment is not scheduled for use. This shift actually should be increased. The Alley Reconstruction Program will get into full swing this year as the second year of a 10 year program. We expect to reconstruct about 2~ miles this year. Sewer construction will continue as the demand occurs. Funding for sewer construction is derived from fees paid by owners or developers of land requiring service, and hence does not become a general fund burden. I L- City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Nearly all street construction work will be done from Gas Tax funds totalling $859,000. However, we will build the Douglas Street extension south from Katella under the Orange Freeway from General Funds this year. We also expect to continue upgrading the traffic signal system on arterial streets. The Traffic Engineer has implemented a "cascade" system of interconnected signals which is sensitive to traffic volumes as they build up rather than on a predetermined pattern. Euclid Avenue (except where it intersects with a State highway) is a typical example. The signal installa- tion program will continue on a priority basis. Improvement and expansion of the Utilities system to meet the re- quirements of the Anaheim customers will take an expenditure of about $573,120 for the electrical system and about $600,000 for the water system this year. We also have budgeted $500,000 to continue the acquisition program for those Anaheim citizens not yet served by their City electrical system and who, there- fore, do not receive service at the more favorable Anaheim rates. Much has been said recently about the desirability of retaining or providing open space in urban areas. Anaheim's efforts in this field continue to be exemplary. Two agreements entered into between the City Council and the Grant Corporation this past year enable the open space program to take a leap forward without an undue burden for the usual purchase of lands. 68 acres of park land - 23 acres adjacent to the future high school site on Imperial, south of Santa Ana Canyon Road, 25 acres adjacent to the Nohl Ranch Lake reservoir, and the remmining acreage to be selected later, probably adjacent to future school sites - are being purchased on a long term basis. $200,000 down pay- ment is provided in this budget. Ail of the remainder will be provided from in lieu fees paid by developers as they develop lands in the area served by these parks. In addition, the City is purchasing 234.8 acres for open space below the reservoir. Most of this area will be developed into a 27 hole golf course, with the remainder as natural or park areas. Ail of the cost to purchase and develop the golf course property will come from funds derived from golf course properties. The purchase is spread over 20 years. Another exciting project is about to begin. The Orange County Water District has agreed to allow joint use of another settling basin. We propose to construct a beach facility (and a 41 acre lake) in the Santa Ana River just north of Lincoln. Most of the initial cost of this facility will be borne by the District from funds obtained from sale of sand and gravel. Landscaping and operation will be the responsibility of the City of Anaheim. We expect that a use charge will be sufficient to pay operational costs. A minor but important project for many citizens will be the mini-bike operation on Orangewood across from the Anaheim Stadium. This is a temporary and experimental facility likely to operate only this summer and fall. We ex- pect the operational cost of this facility also to be borne by the users. The proposed Recreation Program is jointly financed by the City of Anaheim together with the following School Districts: Anaheim Union High, Anaheim City, Magnolia, Savanna and Orange Unified. The budget is within the amount provided by a formula for joint financing which has been in effect for several years. This year an afterschool program is added in response to the Park and Recreation Commission's strong recommendation. It is anticipated that revenues derived by the joint formula will enable continuation of a rea- ~0nabl~ program. In surmmary, then, the proposed budgetary program would continue some of Anaheim's efforts to further develop a community of good livability for its future citizens while struggling to maintain reasonable standards of ser- vice for the present population. But Anaheim's potential would be far from being reached. The opportunities, and perhaps the obligations, to attract new job markets for Anaheim's unemployed and underemployed, to capitalize upon the available tourist market,and to continue a sound maintenance program and a sound fiscal policy, will not be met. 71-351 City Hall. ~hetm.,.Ca~ifornta - COUNCIL MI~ES - June 15, 1971, 1:30 ~.M With the bold action typical of Anaheim City Councils im meeting challenges, these opportunities can be met without undue burden upon Amaheim Citizens. Some policies may need changing. Some priorities may reep~tre ad- justment. I would like to discuss such action and the action priorities in conjunction with your budget consideration. Respectfully submitted, S/ KEITH A.MURDOCH, City Manager" cil. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- C.B. Miller, Budget Chairman of the Library Board, stated that the budget presented for the Library in the amount of $812,505.00 was 5% under last year's budget and comprised only 1.88% of the total City budget. Re- ferring to the cut in audio-visual facilities, Mr. Miller contended every other major library in Orange County has both films and records available, and every other California city with a population of 50,000 or more has a records program. He also stated that, because of the necessary $24,784.00 cut in the book budget, making it impossible to purchase fewer duplicate co- pies of books, a proposal has been made that the loaning period be reduce4 from 21 to 14 days, and that reserve copies not be maintained. Mr. Miller presented copies of his remarks to the Council and ex- pressed the opinion that the assigned priority for Library funds is lower than this community service should corm~and and is not consistent with the image of Anaheim as a progresive city. Joe White, 809 West Broadway, representing a Chamber of Commerce Con*nittee, stated he had been unable to obtain a copy of the tentative Pro- posed Budget and requested this public hearing be continued to allow the pub- lic to review the document. Merrill Skilling, Northrup Corporation, 500 East Orangethor~e Ave- nue, referred to the 9:00 A.M., June 8, 1971 Adjourned Meeting of the C~n- cil, at which time .there was a preliminary discussion of the Budget. Bm cited a proposal by the Anaheim Chamber of Con~erce to the City C~mcil om June 1, 1971, for building a new City Hall at a total cost of approximately $4,000,00~.00, and evinced surprise that an amount of $365,000.00, plus modeling costs, had been mentioned for purchase of the former Beak of A~r- ica Building for a partial City Hall. Mr. Skilling stated he believed the City should go ahead and build the City Hall as proposed by the Cha~er of C~rce and not spend money on interim accommodations. Me advised that Northrup Corporation agrees that if the returm on water rates is marginal these rates should be increased to be co~petitive with other area cities. With regard to Electric rates, Mr. Skilling co~ndad the City on being a~le to provide electric service to those Anaheim residences served at a lessmr cost than the Edison Company, and advised that Northrup Corpora- tion approved the City holding a Special Bond Election so that purchase of the rermainder of the Edison Company facilities might be possible, and felt a Utilities Tax should not even be considered this year. Referring to deferment programs such as Street Mainten~ce, be- cause of lack of funds, Mr. Skilling cautioned that this must not be allo~d where streets will deteriorate to a point that a large bond issue would be necessary to repair them all at once. Replying to Council questioning, Mr. Skilling proposed a General Obligation B~nd issum to finance a new City Hall and stated the ~w effi- ciemt facilities w~ld save enough money to pay for am~rtizatiom of thm bonds. Mr. Murdoch advised that the purchase of the bank building for use as a City Hall had merely been presented as a possibility, and not a propo- sal. 71-352 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M Gerald Vind, 259 Sullivan Drive, stated that although his request on behalf of Anaheim Citizens for a Livable Community, Inc., to address the Council to petition for a discontinuance of any further expenditures to build a second City-owned golf course was designated as a separate item he felt it actually should be considered along with the Budget Public Hearing, amd there- fore, he requested this item be taken up at this time. The Council had no objection, and invited Mr. Vind to make his pre- sentation at this time. Mr. Vind alleged there was a discrepancy in what was presented to the Council on projected revenues at the time the Anaheim Hills Golf Course was proposed, and what the actual situation will be. He displayed a graph depicting the cash flow picture as he viewed it, and stated that with an- ticipated revenues of $150,000.00 per year from the existing 18-hole Muni- cipal Golf Course, and a cost of 2.3 million for land for the proposed 27- hole course, plus 1.4 million to build the new course by Fiscal Year 1974, Anaheim would have to divert 1~ million dollars of General Funds from other vital City services to cover the deficit caused by the golf course construc- tion and, in his opinion, this would be a distortion of priorities since there are other things that are more necessary in Anaheim at this time. He contended that if the approximately 3.7 million dollar golf course was built on a lease-back basis the lease cost per year would be about $370,000.00, which is as much revenue as is anticipated from both courses. Mr. Vind asked that an independent audit firm be hired to check the financial plans, of. the golf course' that if the situation is as he depicted, ..... renogQ~lane_ , nne Uzny~-~~ the contractual obligations with the developer to rescind these obligations, if possible, or look into other alternative such as levy- ing a special assessment on the property surrounding the golf course that would benefit from the City's investment. Following Council discussion on golf revenues, Mr. Vind noted that revenues from the existing golf course are approximately $150,000.00 per year, yet construction on the new golf course for this year is budgeted at $525,000. He asked where the funds would come from, if the new golf course is to be con- structed solely with revenues from golf activities? Mr. Murdoch explained that the principal upon which the new golf course was contracted was that'the net revenue from golf activities after all acquisition costs and development costs of the existing course have been paid amounts to about $309,000.00, which funds were to be used for initial construction of the new course; since the new golf course is not expected to operate at a profit until 1977 or 1978, those funds from the existing golf course that normally go into the General Fund would be used for the new course construction. Regarding the acquisition of the land for the new golf course, Mr. Murdoch noted that this is on a 20-year basis, running until 1991, and that from 1977 or 1978 until 1991 the cash flow figure still shows a plus. Mr. Vind stated his calculations indicate that there will not be a profit picture on the golf course until 1984. Replying to Councilman Pebley, Mr. Mnrdoch advised that approxi- mately 35 of the 235 acres included in the purchase for the new golf course probably would be used for park purposes. Roy Hurts, 1861 West Broadway, contended the existing golf course has only netted $34,000.00 a year over the past nine years; therefore, it was his opinion the new course probably would take as long a time to reach a pro- fit figure of $150,000.00 a year. He further stated that at present the ex- isting golf course fund is approximately $130,000.00, and adding $150,000.00 anticipated revenue for this year would equal only $280,000.00; yet, on July 1, 1971, $92,000.00 in interest will be due the Grant Corporation on land ac- quisition, plus a $60,000.00 architectural fee, $325,000.00 for construction of the first 9 holes of the course, offsite improvements of $411,800.00, and two engineering firm consulting fees of $34,000.00, making a total of $922,800.00 due this coming year. 71- 353 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Mr. Hutts presented petitions purportedly containing 429 signa- tures in opposition to the proposed golf course, and referenced a petition submitted earlier containing 120 signatures. He objected to the fact that such a large venture as the proposed golf course had not been put to a vote by the citizens of Anaheim. Mr. Hutts agreed with the Council that the new golf course was desirable and a way to keep some open space in the Hill and Canyon Area and prevent development of homes in the path of the dam; however, he felt the City should wait until the funds actually are available for this project a~d complete facts can be obtained and studied. He therefore reques- ted that the proposed 1971-72 Budget not be approved until the golf course figures can be verified and analyzed. Councilman Thom stated that he too felt sufficient facts had not been available at the time the decision was made to proceed with the new golf course, and thus he had voted against the project and would continue to do so until such time as he had been convinced otherwise. Mr. Hutts asked that the Council rescind its agreement on the pro- posed Anaheim Hills Golf Course. In reply to Council questioning, City Attorney Joseph Geisler ad- vised that binding contracts cannot be rescinded; however, they can be breached, in which case a costly lawsuit probably would result. He added that, in his opinion, the terms of the contract with the Grant Corporation on Anaheim Hills Golf Course are so favorable to the City, the Grant Corpora- tion may be happy to release the contract. Councilmen Roth and Stephenson expressed the opinion that the pro- posed golf course was a very desirable project for the City of Anaheim. Mr. Murdoch advised that the Budget message statement that "all of the cost to purchase and develop the golf course property will come from funds derived from golf course activities," refers to the ultimate situa- tion; that all of the revenues from the golf course activities and any other uses of golf course properties are committed to go into a Golf Course Fund; that those revenues which otherwise would have gone into the General Fund during the period of repayment of construction costs actually will come out of the golf course funds and will come from golf course revenues only; fur- ther, that the ultimate result is exactly the same as occurred in develop- ment and acquisition of the first golf course in that prior to the time re- venue was flowing in from the completed golf course, funds were taken from the General Fund. Mr. Murdoch added that some of the funds listed in the proposed 1971-72 Budget for the new golf course are those that have been accumulated over the past several years from the existing golf course and placed in Capital Outlay or Unappropriated Reserve bookkeeping accounts. He further stated it also may be necessary to use more funds than are in- cluded in the proposed Budget. Mr. Hutts declared his organization is violently opposed to the new golf course project and feels the public is being misled, and thus they will take action to inform the public of their views. William H. Martin, 1917 Beacon Street, a member of the Anaheim Golf Association, presented a statement to the Council commending the City on its new golf course project; however, they objected to having decisions involving golfers made without considering the golfers themselves. He sta- ted that the Anaheim Golf Association has suggested $50.00 Honorary Charter Memberships be sold as one means of securing some funds to build the proposed golf course, and that membership in the existing golf course also become membership in the proposed course, even if on a limited basis; that a com- mittee be formed to plan and organize such activities. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council, to which there was no response. 71-354 City Hall, Anaheim, California - C0~NCIL MINUTES - June 15, 1971, 1:30 P,M, Councilman Pebley offered a motion to continue the public hearing on the Proposed 1971-72 City of Anaheim Budget to June 22, 1971, 1:30 P.M., to allow interested parties to study the Proposed Budget. Councilman Thom seconded the motion. MOTION CARRIED. PUBLIC DANCE PERMIT: Application submitted by Concha C. Flores, for Socieded Pro- gresista Mexicana Club #33, for public dance permit June 20, 1971, from 4:00 P.M. to 8:00 P.M., at Carpenter's Hall, 608 West Vermont Avenue, was submit- ted and granted in accordance with Chapter 4.16 of the Anaheim Municipal Code, and as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1065 - EXTENSION OF TIME: Request of Maynard Kambak, on behalf of Pacific World, for a six-month extension of time to Conditional Use Permit No. 1065 was submitted, together with reports from the City Engin- eer and Development Services Department (International Trade Center with ac- cessory uses, on PPI zoned property, located south and west of the southwest corner of Katella Avenue and State College Boulevard). On motion by Councilman Thom, seconded by Councilman Stephenson, six-month extension of time was granted Conditional Use Permit No. 1065, to expire December 3, 1971, as recommended by the Development Services Depart- ment. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1157 - REVISED PLANS AND APPROVAL OF HOSPITAL ORGANI- ZATION: Request for approval of revised plans by the proponents of the proposed special services hospital complex to be located between Anaheim Boulevard and Lemon Street, north of Ball Road, was submitted, together with staff re- port of the Zoning Division, Development Services Department, recon~uending said revised plans be considered at an advertised public hearing before the Council inasmuch as a two-story structure now is indicated rather than the one-story originally proposed, and the floor space of the hospital facility has been increased 65% over the original proposal. Zoning Supervisor Charles Roberts advised that, subsequent to the preparation of the staff report on the revised plans, the proponents discus- sed the recommendations with the City Attorney, and they now have indicated it is their desire to proceed with a one-story structure with the amount of any additional floor area not'to exceed the original plans by more than 10%, and that this increased floor space would not generate any additional em- ployees nor parking demands; that as a result of this most recent indication of development by the Applicant, the City Attorney and Development Services Department have determined that this revision would be substantially in con- formance with the plans originally proposed under Conditional Use Permit No. 1157, and, if the Council concurred with this interpretation, when the re- vised plans are filed they could be approved by staff and building permits issued. Mayor Pro Tem Stephenson noted that an organizational plan for the operation and use of the hospital has not been submitted for Council approval. City Attorney Joseph Geisler advised he has reviewed an organiza- tional proposal which, in his opinion, does not meet the criteria established by the Council and cannot be recommended by his office, as it is contrary to that presented to the Council by Dr. Nilsson at the M~arch 2, 1971, public hearing, that being the operation of the hospital would be by Dr. Nilss0n as a doctor without any financial interest in the hospital; it now is pro- posed to have a limited partnership in which the investment in the hospital would be all by local doctors, and one of the General Partners would be Dr. Nilsson, whose interest would be that of all of the loss except for the in- vestment of the limited partners; that he would participate in a part of the 20% profit, the profit would be 80% to the Limited Partners, 20% to the two General Partners. Further, it appears, in reviewing their contract to pur- chase, that if they fail in this organization attempt, the entire project will revert back to Dr. Moskowitz. Mr. Geisler further stated that, as far as he knew, they have not yet organized, but this is the method of organiza- tion they propose, and it would be for the Council to determine if this or- ganization, as such, is acceptable for the issuance of the construction permits. 71-355 City Hall, Anaheim, California - COUNCIL MINUTES - June 15~ 1971, 1:30 P.M. Assistant City Attorney John Dawson reported he also has reviewed the purchase agreement and the proposed Limited Partnership agreement, and they are satisfactory agreements; however, in his opinion, they do not con- form to the evidence and presentation submitted to the Council, that being that the person or persons operating the hospital would have no financial interest in the profit from the hospital, if any. He reported that in the ultimate organization of the hospital, about 40 Orange County area doctors would be Limited Partners and Mr. Curran and Dr. Nilsson would be the Gen- eral Partners; that under the purchase agreement, if for any reason there is default or failure of financing, the property returns to Dr. Moskowitz; further, there also is contemplated the nomination of a corporation as an interim buyer. In other words, Dr. Nilsson would step out as the original buyer and an interim corporation, which would be held by the people in the Limited Partnership and others, would take care of the interim situation. The problem that is most difficult to resolve at this time is that there is no such interim corporation - there is a buy and sell agreement, and there is contemplated a limited partnership, but there is no assurance of follow- through or acceptance by the Corporations Commissioner. Councilman Thom was of the opinion the Applicants had failed to comply with the condition contained in the Resolution of Approval requiring that an organization satisfactory to the Council for the operation and use of the hospital be established prior to commencement of construction and prior to the issuance of a building permit. He failed to see how the Council could act on subject request in that no type of organization has been submit- ted to the City Council. Councilman Roth asked if the City Attorney objected to this type of ownership of a hospital under a General Limited Partnership. Mr. Geisler advised he had no objection, the only question was in the interpretation of past actions by the Council. He noted the application first was before the Council as a doctor-owned general hospital facility, and was denied; that as a result of new evidence, the Council reopened the hear- ing and reversed their previous action by granting the application on the basis of Dr. Nilsson's presentation that this would be a special services facility not operated by the owners but by Dr. Nilsson, who would have no financial interest in said facility. He further advised that if this type of operation was what the Council intended, the documents submitted to his office do not represent this, as there is no divorce of ownership of the profit interest from the operation of the facility. Councilman Stephenson questioned whether the operational proposal indicated a specialized hospital with special equipment, and not a general hospital. Mr. Geisler replied the documentation indicated an acute care hos- pital. Mayor Pro Tem Stephenson asked if the Applicant wished to address the Council. Mr. Jack Green, Attorney representing Mr. Curran (wh° will be one of the General Partners in this venture), addressed the Council, advising that when Dr. Nilsson contacted several non-profit organizations in an attempt to raise the amount of money necessary, he found very little interest. He then contacted Mr. Curran, and~ after negotiations continued for approxi- mately 2% months, the determination was made to purchase for $3.6 million rather than on a lease arrangement, with Dr. Moskowitz furnishing the major portion of the financing. In order to raise this amount of money in the short period of time, it was felt a group of doctors, which would also in- sure support of the facility, would be the most expeditious way; that they realize there is a problem of timing, but the names of the Limited Partners cannot be released until they have been submitted to and a permit obtained from the Corporations Commissioner, which procedure takes approximately 1½ months. Mr. Green further advised that Dr. Moskowitz would not sell subject to the approval by the Commissioner of the Limited Partnership; consequently, 71-356 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. his client is personally liable for over $300,000.00 in order to purchase this facility. He expressed the opinion that to risk that amount of money was cer- tainly an indication of his intent to make the hospital a success. Mr. Green stated this would be the last opportunity for a good per- iod of time to provide the community with this type of facility, and, under the provisions of the Dully Act, substantial construction must be commenced prior to July 1st of this year; that they fully intend to comply with the in- tentions of the Council, but, due to the need to raise financing, it is im- possible to make it a non-profit organization operation; that he has described precisely what the format of the organization will be and, in his opinion, this is the only organization that assures success of the facility. In answer to Councilman Stephenson, Mr. Green advised that if they default, Dr. Moskowitz could commence construction of the 99-bed general hos- pital, but they in turn would lose their $300,000.00. Mr. Daniel B. Curran, 3511 West Sixth Street, Los Angeles, addressed the Council, advising of the preparation of two sets of plans, one indicating no substantial change in the original proposition, and the other set showing what they felt to be a substantial improvement; that much of the delay was caused by Dr. Moskowitz attempting to retain his interest in the hospital by forcing a lease agreement; however, as a result of long negotiations, a pur- chase agreement was reached for the complete real estate, including the 220- bed convalescent hospital. Mr. Curran stated he could not say whether they have or have not an organization because of the California Corporation Laws which prohibit solici- ting any support from any physicians prior to the issuance of a permit to do so by the Commissioner. He advised he has organized some of the largest Limi- ted Partnerships in California and the largest medical partnership in Orange County; that if the Council must see an organization of physicians who are willing to support this, they could volunteer two partnerships which have been in existence for over 7 years - one named Royal Investment Properties, and the other named Crown, with 80 Orange County physicians and dentists in each; that they did not ask permission from these doctors to submit an existing Limited Partnership as an interim group because of the possibility of placing them in a damaging or embarrassing position with established hospitals in the area. C~uncilman Roth stated he voted for the proposal because of the sti- pulations and safeguards Dr. Nilsson placed thereon; that it now appears to be an entirely new concept, and he requested further assurance from the City Attorney that it could be considered as the same proposal. Councilman Thom was of the opinion the Applicant has not at this point fulfilled his own verbal stipulations to the Council insuring the con- struction of a specialized hospital and the organization thereof. Mr. Curran replied that the physical plan that was promised has been delivered, and the architect was present and could assure the Council also that it is not another "general hospital" but a "special services hospital" with a very sophisticated surgery compound, and many of the features found in a gen- eral hospital, such as obstetric and pediatric wards have been omitted; that it is impossible for Dr. Nilsson to obtain financing for a non-profit hospital such as he first proposed. Mr. Curran felt that if the issue the Council must decide is whether the facility i~ to be organized a~ a propriatary hospital or a non-pro,it hos- pital, then that is the issue that should be debated. In answer to Councilman Pebley, Mr. Curran stated it was unfortunate Dr. Nilsson could not be present, but almost one year ago he made a commitment to the Los Angeles County M~seum for a field trip in Africa at this time. Councilman Pebley asked if the Limited Partnership was not approved by the Com~nissioner, and construction had been started, would the project im~ mediately revert back to Dr, Moskowitz? 71-357 City Hall, Anaheim, California -COUNCIL. MIN~S - June 15, 1971, 1:30 P.M. Mr. Curran replied that if the permit is not issued, rather than lose the $300,000.00 and allow the property to revert, they have an extant partnership that can and will be substituted, requiring no further permission from the Co~nissioner; that the reason they are going to the Commissioner is to select and organize on a broad base consisting of both general practitioner support and surgical support. The Council again asked the City Attorney for his interpretation. Mr. Geisler advised that the organization submitted by Mr. Curran has no resemblance to what was proposed by Dr. Nilsson; that there is nothing wrong with Mr. Curran's proposal; it may be a better system, but it isn't what was presented at the rehearing but is exactly the same type of organization that Dr. Moskowitz had originally proposed with a different entity in the op- eration; therefore, he was of the opinion that there was no substantial dif- ference in the organizational proposal submitted today from the original pro- posal previously denied. Mr. Geisler further advised that if the Council desired to approve Mr. Curran's proposal, he would have no objection; that the Council did not approve a specific organization and, by the very liberal terminology of this condition, the application would not require another public hearing as the Council reserved this point for their decision in the future; there was, how- ever, some indication in the minutes that the Council did approve the appli- cation on the basis of Dr. Nilsson's presentation. ~ ~j Further, with regard to the Duffy Act, the time limit for a public hearing is past, as this Act requires the application to have been filed be- fore January 1st and construction commenced ~ July 1st or it would not come under the "grandfather clause;" that Dr. Moskowitz did make the applica- tion for a general hospital and it was denied; the hearing was then reopened after January 1st on the basis there was new and additional information and evidence, and the application was approved based on the presentation of Dr. Nilsson that the hospital would be a special services facility, operated by him under a non-profit organization; today the presentation indicates a Lim- ited Partnership organization; that with the time elements involved, it might be construed as a circumvention of the Duffy Act. Mr. Curran again assured the Council that if the proprietary organi- zation is .approved today, the financing for everything necessary to effect these plans has been arranged for, including the interim construction, the permanent construction, and the equipment; that he can and will organize an organization consisting exclusively of Orange County physicians for the medi- cal support of the hospital; that if for any reason the Commissioner refuses the permit, he will substitute in an extant Limited Partnership consisting of Orange County physicians who can and will support the hospital; further, this will be a very unique and one of the most sophisticated special services hos- pitals in the western United States, if not in the country, consisting of a 99-bed sophisticated surgery plant and, attached immediately under a common roof, the 220-bed progressive care facility. In answer to Councilman Pebley, Mr. Curran stated that Dr. Moskowitz is completely out of the property and the proposal. Mayor Pro Tem Stephenson stated that~ from the presentation and as- surance offered by Mr. Curran, he felt Dr. Nilsson was going to perform exactly as he had promised in making this facility a very specialized hospital. Councilman Roth stated he favored proprietary hospitals; however, he felt the Council was being placed in a pressured position with only two weeks remaining to activate this application because of the time consumed in-private negotiations. Councilman Stephenson moved that the proprietary type organization, consisting of local physicians in the form of a Limited Partnership as ex- plained by Mr. Curran, be approved as the organization plan for the operation and use of the special services hospital, it being understood that the special services hospital will contain all of the equipment and services enumerated by Dr. Nilsson in his original presentation. Councilman Pebley seconded the motion. 71-358 .~ity Hall, Anaheim, California - COUNCIL MINUTES - June 15~ 1971, 1:30 P.M The foregoing motion carried by the following roll call vote: AYES: COUNCILMEN: Roth, Pebley and Stephenson NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: Dutton Plans of Development: Regarding the plans of development, the Coun- cil indicated approval of a one-story structure with the additional floor space projected in the basement area not to exceed that contained in the original plans by more, than 10%. TENTATIVE TRACTS: (a) Tentative Tract No. 7422, Revision No. 1 - Developer, Frank H. Ayres and Son Construction Company; property located east of Imperial Highway, between Santa Aha River and Esperanza Road, containing 229 proposed R-2-5,000 zoned lots. (b) Tentative Tract No. 7137, Revision No. 4 - Developer, J.W. Klug Development Company; property located between Esperanza Road and the Santa Ana River Channel and east of Imperial Highway, containing 278 proposed R-2- 5,000 zoned lots. (c) Tentative Tract No. 7450 - Developer, J.W. Klug Development Company; property located between Esperanza Road and the Santa Ana River Chan- nel, east of Imperial Highway, containing 82 proposed R-2-5,000 zoned lots. (d) Tentative Tract No. 7449 - Developer, J.W. Klug Development Com- pany; property located between Esperanza Road and the Santa Aha River Channel, east of Imperial Highway, containing 73 proposed R-2-5,000 zoned lots. Council action on the foregoing tracts was deferred from the meeting of June 8, 1971, for a report from the Orange County Board of Supervisors, rela- tive to the possibility of acquiring necessary land for the proposed Yorba Re- gional Park. Councilman Thom reported on information just received via telephone from the Board of Supervisors office, indicating by a 5 to 0 vote that it was their intention-to acquire the land for the Yorba Park and that they had di- rected the County Staff to prepare details of the land required and costs in- volved to be presented to them June 29, 1971, for Board consideration. Further, they have directed the Flood Control District to investigate how some District funds could be expended along the Channel. Councilman Thom further reported that another portion of the note just received is that the Chief Engineer of the Flood Control District has indicated that according to the Army Corps of Engineers the Santa Aha Channel facility might not hold the maximum peak flood flow, and that a peak flow may overflow and present some hazards to property adjacent to the proposed tracts and to the proposed extension of La Palma Avenue. Councilman Roth was of the opinion that inasmuch as the City notified the County Board of Supervisors that Council action on these tracts was being withheld pending County action on Yorba Park, some in~aediate action should have been taken by them to advise this Council what their intentions were. Councilman Thom replied that the Board of Supervisors did consider this issue at their first available meeting after receipt of the City's noti- fication. Further, he personally did not want to increase the costs of the proposed park to the taxpayers any more than it would be at this time. At the conclusion of Council discussion, Councilman Roth moved that action on the above tracts be deferred one week and that a letter of intent be requested from the Board of Supervisors. 71-359 City Hall, An~h.eim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Mr. John Klug, 4540 Campus Drive, Newport Beach, noted that they presently have an approved tentative map on subject property, and what was being requested at this time was that this tract be separated into three tracts to provide three increments of development; that provision to do this was provided by one of the conditions set forth in the approval of the ori- ginal tentative tract map. He further advised that since there is an approved map on subject property, at the present time costs to the County will not be increased if it is decided this property will be acquired by them. Mr. Klug advised that they intend to proceed with development, whether it is in the three increments as submitted, over a two or three- year period, or whether they deveop it in one 440-1ot subdivision, they will proceed with engineering and final plans unless condemnation proceed- ings are filed by the County. Mr. Gilbert Kraemer, 836 Alta Vista, Placentia, property owner involved in the proposed Klug subdivisions, asked that the letter to the County request specific particulars and information, such as: the loca- tion of the Park, date of acquisition, what the plan status is, whether final designs have been completed, is acquisition two or three years away, and when are they planning to acquire the land. Mayor Pro Tem Stephenson was of the opinion that an answer should be available at the next raeeting. The previous motion offered by Councilman Roth was repeated, to continue action on the above tracts for one week. Said motion was seconded by Councilman Thom. MOTION CARRIED. RESOLUTION NO. 71 R-259 - AWARD OF WORK ORDER NO. 564: In accordance with recom- mendation of the City Engineer, Councilman Thom offered Resolution No. 71R- 259 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CO~TRACT 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 CENTRAL LIBRARY SERVICE RAMP, HARBOR AND BROADWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 564. (Manor Construction Company - $29,973) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson COUNCILMEN: None COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-259 duly passed and adopted. RESOLUTION NO. 71R-260 - AWARD OF WORK ORDER NO. 1229: In accordance with recom- mendation of the City Engineer, Councilman Pebley offered Resolution No. 71R- 260 for adoption, inasmuch as the low bidder had requested withdrawal of his bid because of an error in computation. WORK ORDER NO. 1229: Mr. Maddox reported the obvious low bidder, G.W. Shore, has requested permission to withdraw his bid on the basis of a mathematical er- ror in that the bid amount inadvertently omitted the total labor costs. He thereupon recommended withdrawal of the bid be allowed. On motion by Councilman Pebley, seconded by Councilman Stephenson, withdrawal of bid on Work Order No. 1229 (submitted by G.W. Shore Construc- tion Company) was authorized. MOTION CARRIED. RESOLUTION NO, 71R-260 - AWARD OF WORK ORDER NO. 1229r In accordance with recom- mendation of the City Engineer, Councilman Pebley offered Resolution No. 71R- 260 for adoption, awarding Work Order No. 1229 to the second low bidder. Refer to Resolution Book. 71- 360 City Hall, Anaheim, California - COUNCIL MINUTES - June 15~ 1971, 1:30 P.M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO- POSAL 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 PERFORMING ALL WORK NE- CESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE BALL ROAD SEWER IMPROVEMENT FROM STATE COLLEGE TO HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1229. (DeLeon Construction - $15,990.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-260 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS. Councilman Pebley offered Resolutions Nos. 71R-261 through 71R-263, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-261 - WORK ORDER NO. 624-A: 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 PARK VISTA STREET - STREET IMPROVEMENT FROM APPROXIMATELY 400 FEET NORTH OF DUTCH AVENUE TO DUTCH AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 624-A. 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 TH~ CONSTRUCTION THEREOF. (Bids to be Opened - July 8, 1971, 2:00 P.M.). RESOLUTION NO. 71R-262 - WORK ORDER NO. 623-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 BALL ROAD STREET IMPROVEMENT FROM STATE COLLEGE BOULEVARD TO WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 623-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 - July 15, 1971, 2:00 P.M.). RESOLUTION NO. 71R-263 - WORK ORDER NO, 759- 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 MIRALOMA AVENUE STREET IMPROVEMENT FROM APPROXI- MATELY 990 FEET WEST OF MILLER STREET TO APPROXIMATELY 1,650 FEET EAST OF KRAEMER BOULEVARD IN THE CITY OF ANAHEIM, WORK ORDER NO. 759. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITer CLERK TO PUBLISH A NOTICE IAIVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - July 8, 1971, 2:00 P.M.). R011 Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolutions Nos. 71R-261 to 71R-263, both inclusive, duly passed and adopted. RESOLUTION NO. 71R-264 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolu- tion No. 71R-264 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN GRANT DEEDS AND ORDERING THEIR RECORDATION. (Henry B. Wesseln; Joseph C. Lantz; Lasco Industries, Inc.; Hale, Hungerford & Allen; Karl J. Klatt; Hale, Hunger- ford & Allen) 71-361 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-264 duly passed and adopted. PURCHASE OF EQUIPMENT: The Assistant City Manager reported on informal bids re- ceived for the purchase of 28,000-square feet of E.P.D.M. (Ethylene Propy- lene Diene Monomer) Fabric for the Water Division, to be used at Walnut Canyon Reservoir, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX Firestone Tire & Rubber Company, South Gate ...... $10,113.60 Globe Linings, Long Beach ............... 10~142.01 On motion by Councilman Pebley, seconded by Councilman Stephenson, the low bid of Firestone Tire & Rubber Company was accepted and purchase authorized in the amount of $10,113.60, including tax. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, .as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Thom, seconded by Councilman Pebley: a. Claim filed by Kathryn J. and Ralph H. Carruthers, for purpor- ted personal injuries and property damages sustained as result of their car being struck in the rear by a City car operated by a City employee, on or about April 6, 1971. b. Claim filed by Southern California Edison Company, for pur- ported personal property damages sustained by the City Electrical Depart- ment installing certain equipment on a pole jointly owned by the City and Southern California Edison Company, on or about March 13, 1971. c. Claim filed by Herbert Mittman, for purported personal pro- perty damages sustained as a result of his car being struck in a parking lot by a City car oPerated by a City employee, on or about May 27, 1971. d. Claim filed by Mrs. John Bennie, for purported personal pro- perty damages sustained as a result of City crew spraying her parkway trees and killing her dichondra lawn during the latter part of April, 1971. e. Claim filed by DoL. Boggess, Subrogation Manager, Farmers In- surance Group, on behalf of Ralph Carruthers, for purported personal property damages sustained as a result of car being struck in the rear by a City ve- hicle operated by a City employee, on or about April 6, 1971.- (See "a" above.) f. Claim filed by Lasky and Battaglia, Attorneys, on behalf of John H. Latimer, for purported personal injuries and property damages sus- tained as a result of Anaheim Police Officers striking claimant during search of his car, on or about May 1, 1971. MOTION CARRIED. RESOLUTION NO. 71R-265 - MIKE TAUSIG: Councilman Roth of feted Resolution No. 71R-265 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. (Chorale Group Director - Parks and Recreation) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-265 duly passed and adopted. 71R-362 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M RESOLUTION NO. 71R-266 - STATE OF CALIFORNIA DISTRICT AGREEMENT NO. 2709: cilman Thom offered Resolution No. 71R-266 for adoption. Coun- Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA. (SIGNALIZATION - STATE COLLEGE AND LA PALMA). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-266 duly passed and adopted. RESOLUTION NO. 71R-267 - A.H.F.P. No. 509: Councilman Pebley offered Resolution No. 71R-267 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF LEWIS STREET UNDERPASS, A.H.F. Po NO. 5O9. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-267 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Pebley: a. Financial and Operating Reports for the month of May, 1971. b. Before the Public Utilities Cormnission - Application of Paul Arthur Kadletz and Michael Anthony Kadletz for certificate of public con- venience and necessity to operate a passenger service, to be known as the Pink Bus Lines, between Whittier Boulevard and Beach Boulevard (Highway 39) south to Beach Boulevard (Highway 39) and Pacific Coast Highway (Highway 101). MOTION CARRIED. ORDINANCE NO. 2930: Councilman Roth offered Ordinance No. 2930 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 17, CHAPTER 17.06 OF THE ANAHEIM MUNICIPAL CODE. (ALSO CHAPTER 17.08) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2930 duly passed and adopted. 71-363 City Hall~ Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. ORDINANCE NO. 2936: Councilman Roth offered Ordinance No. 2936 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.32 OF THE ANAHEIM ~3NICIPAL CODE BY ADDING THERETO SECTION 6.32.110, RELATING TO EDUCATIONAL AND RECREATIONAL PROGRAMS INVOLVING DANGEROUS WEAPONS. (Exception for Bona Fide Educational and Recreational Programs) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIL~N: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2936 duly passed and adopted. ORDINANCE NO. 2937: Councilman Stephenson offered Ordinance No. 2937 for adop- tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~3NI- CIPAL CODE RELATING TO ZONING. (69-70-20 ~' R-3) ~oil Call Vote: .... //./' AYES: COUN~C.~ Roth, Pebley, Thom and Stephenson NOES: COUN~LMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Ordinance No. 2937 duly passed and adopted. ORDINANCE NO. 2938: Councilman Pebley offered Ordinance No. 2938 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (63-64-62(12) - R-3) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: C Ob-NC ILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Ordinance No. 2938 duly passed and adopted. ORDINANCE NO. 2939: Councilman Pebley offered Ordinance No. 2939 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3, CHAPTER 3.44, SECTION 3.44.030 OF THE ANAHEIM MUNICIPAL CODE RELATING TO RENTAL BUILDINGS. (6% Room Tax) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2939 duly passed and adopted. 71- 364 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. ORDINANCE NO. 2940: Councilman Thom offered Ordinance No. 2940 for corrected first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2 OF THE ANAHEIM b~3NICIPAL CODE BY ADDING THERETO CHAPTER 2.12 RELATING TO AN ADMISSIONS TAX. ORDINANCE NO. 2941: Councilman Thom offered Ordinance No. 2941 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (68-69-20 - R-1 - Tract No. 6717) ORDINANCE NO. 2942: Councilman Roth offered Ordinance No. 2942 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM~fl3NICIPAL CODE RELATING TO ZONING. (66-67-61(44) - C-R) ORDINANCE NO. 2943: Councilman Thom offered Ordinance No. 2943 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (63-64-62(5) - R-3) RESOLUTION NO. 71R-268 - SAFETY EMPLOYEES, SALARY INCREASES: Councilman Stephen- son offered Resolution No. 71R-268 for adoption, in accordance with 1970 negotiations. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHINGRATES OF COMPENSATION FOR VARIOUS JOB CLASSIFICATIONS, AND SUPER- SEDING RESOLUTION NOS. 70R-489 AND 70R-503 AND AMENDMENTS THERETO. (Police and Fire Departments) Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Resolution No. 71R-268 duly passed and adopted. RESOLUTION NO. 71R-269 - ORANGE COUNTY WATER DISTRICT AGREEMENT - LANDSCAPINg - WARNER BASIN: Councilman Roth offered Resolution No. 71R-269 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION BY THE MAYOR AND CITY CLERK OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY WATER DISTRICT, RELATING TO MAINTENANCE OF LANDSCAPING ON CERTAIN PROPERTY BELONGING TO THE ORANGE COUNTY WATER DISTRICT. (Warner Basin Spreading Facility - LaPalma Avenue) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-269 duly passed and adopted. RESOLUTION NO. 71R-270 - ANAHEIM HILLS NO, 1 ANNEXATION (UNINHABITED): Council- man Roth offered Resolution No. 71R-270 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAMEIM OF THE TERRITORY KNOWN AND DESIGNATED ANAHEIM HILLS NO. 1 ANNEXATION. (Uninhabited) 71-365 City Hall, Anaheim, California - COUNCIL MINUTES - June 15, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-270 duly passed and adopted. ORANGE COUNTY MAYORS MEETING: Councilman Roth reported briefly on the June 12, 1971 meeting of the Orange County Mayors with the Board of Supervisors at Los Pinos. On motion by Councilman Roth, seconded by Councilman Pebley, the City Clerk was instructed to prepare a letter to the Board of Supervisors and Assemblymen Cory and Briggs, advising that the Anaheim City Council sup- ports the Cory Bill advocating combining the Beach and Parks District with the Harbor District, and also directed that a letter be sent to all Orange County Assemblymen opposing AB-2294 which would remove from local control the authority of a city to prohibit mobile homes or mobile home parks within all or certain zones. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn to June 17, 1971, 7:30 P.M., in the Convention Center Orange County Room for the purpose of a joint meeting with the Cormnunity Center Authority and the Anaheim Union High School District Board of Trustees, and also moved waiver of further notice of said adjournment. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 5: 45 P.M. Signed ~ ~L ~~~- City Clerk