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1971/07/2771-439 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRE SENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson COUNCILMEN: Dutton CITY MANAGER: Keith A. Murdoch CITY MANAGER: Joseph B. Geisler DEPUTY CITY CLERK: Alona M. Fattens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson Mayor Pro Tem Stephenson called the meeting to order. INVOCATION: Reverend Arthur Krebbs, of the First Congregational Church, gave the Invocation. FLAG SALUTE: Councilman Pebley led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF CONGRATULATIONS: The following Resolution of Congratulations was unanimously adopted by the City Council: "WHEREAS, EDWARD J. STRINGER, has devoted thirty-one years of his lifetime to establishing the Anaheim Fire Department as one of the leading organizations of its type in the Nation; and WHEREAS, through his natural talents of leadership and outstanding ability to keep abreast of contemporary methods of fire prevention and fire suppression, Chief Stringer has been able to cope with the weighty operational problems brought about by unpre- cedented municipal growth; and WHEREAS, Chief Stringer's professional bearing and keen devotion to duty have been of constant inspiration to all personnel of the Anaheim Fire Department. NOW, THEREFORE, BE IT RESOLVED that this City Council does congratulate FIRE CHIEF EDWARD J. STRINGER upon the occasion of his retirement from active municipal service, and extends to him its deepest gratitude for more than three decades of service to the Anaheim Community. AND, BE IT FURTHER RESOLVED that best wishes be extended for continued good health and happiness to Eddie and Margaret during their future years of retirement. DATED this 27th day of July, 1971. S/ JACK C, DUTTON, MAYOR ATTEST: S/ MARK A, STEPHENSON, MAYOR PRO TEM S/ DENE M. DAOUST, CITY CLERK, CITY OF ANAHEIM S/ CALVIN L, PEBLEY, COUNCILMAN S/ DON R, ROTH, COUNCILMAN S/ W,J, (BELL) THOM, COUNCILMAn' MINUTES: Minutes of the Anaheim City Council regular meeting held July 13, 1971, were approved on motion by Councilman Pebley, seconded by Councilman Roth. MOTION CARRIED. 71-440 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $293,835.93, in accordance with the 1971-72 Budget, were approved. PUBLIC HEARING - AREA DEVELOP~NT PLAN NO. 93: To reconsider Area Development Plan No. 93 and to review secondary circulation of proPerties located on the south side of Broadway, between Euclid and Fann Streets. The City Planning Commission, pursuant to Resolution No. PC71- 112, reaffirmed its previous action and recommended disapproval of Area Development Plan No. 93. The Deputy City Clerk advised that Variance No. 2262 had been scheduled to be heard in conjunction with Area Development Plan No. 93, and suggested these two Agenda items could be considered simultaneously. PUBLIC HEARING - VARIANCE NO. 2262: Submitted by Paul Ackerman, proposing to utilize an addition to an existing residence for a real estate office on R-1 zoned property located on the south side of Broadway, west of Euclid Street; and further described as 1718 West Broadway, with waivers of: a. Permitted uses in the R-1 Zone. b. Minimum required front yard. The City Planning Commission, pursuant to Resolution No. PC71-113, denied said variance. Mr. Thompson noted the location of subject property, the exist- ing uses and zoning in the immediate area and advised that the City Plan- ning Commission again recommended denial of Area Development Plan No. 93 (originally considered and denied in 1968) on the basis that commercial use of residential structures and Area Development Plan No. 93 was prema- ture; thus, said variance also was denied. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was present and wished to address the City Council. Wallace W. Warren, 1705 Siva Avenue, Agent for the Applicant, ad- vised that although the total area of the facility would be approximately 405-square feet, the proposed addition was only approximately 200-square feet, a fact that had not been made clear at the time of the City Planning Commission hearing. He added that the proposed addition was designed so that the setback would be in conformance with zoning regulations, if and when the property is zoned commercial. Mr. Warren stated he had been advised that a 10-foot easement on the west side of his property may be needed to provide, ingress and egress for the other two properties involved in Area Development Plan No. 93; also, he understood an additional 5-foot dedication may be required for street widening. He advised he had no objection to either the easement or dedi- cation, although the 10-foot easement would require his moving his garage wall one foot. In reply to Council questioning, Mr. Warren advised that one of the other two residences involved in Area Development Plan No. 93 has a tenant, and the owner resides in the third, and that both have indicated they are in favor of the Master Plan. He added that it was his desire to continue living in that part of his home not used for the real estate of- fice. 71-441 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Councilman Roth noted that there has been criticism when spot zoning of residences for commercial purposes has been approved, and that spot zoning at times has prevented construction of high-rise buildings. Councilman Stephenson expressed the opinion he could not see where there was any hardship evident in Mr. Warren's situation. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council in favor of this application. Ethel Cripe, 1718 West Broadway, tenant of one of the residences within the area covered by proposed Area Development Plan No. 93, advised that at the time she moved into her residence she was told a real estate office probably would be opened on subject property. She further advised that she had no objection to the proposal, and understood there also was no objection from the resident next door and down one house, and also no objec- tion from the residents on Farm Street; that these people felt such an enter- prise would increase the value of their property, since they expect that area eventually to be zoned commercial. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition. Ingrid Gower, 412 South Falcon Street, two lots south of subject property, objected to the proposal mainly because the area in queStion is the only property neighborhood children pass on their way to Loara School that is not cormnercial. She stated she had no objection to Weber Appliance, which is east of her property, but she does not feel any more commercial pro- perty is needed which would create additional traffic. Mrs. Gower expressed the opinion that allowing the requested com- mercial activity would mean homeowners would find it necessary to move to better areas and rent their property to anyone they can, since such property is not salable under those conditions unless it is zoned commercial, and that these rentals very often result in drug problems in the area and undesirable tenants, such as had happened on Euclid Street. She further stated that she believed facilities for such a commer- cial enterprise would be at a minimum since, for example, there are only two parking spaces available on the Applicant's property, and most homes usually have two cars parked on the premises without adding commercial parking. She asked who would police the facility to assure regulations were complied with? Mrs. Gower referred to an ambulance service on Euclid Street as an £11ustration of how these properties are policed. She alleged this enterprise had operated there illegally for two years before it was noticed by the au- thorities and that the same operation previously had been located illegally farther down Euclid Street. Councilman Stephenson explained that an application for this ambu- lance service had been scheduled on the City Council Agenda the previous week; however, the Applicant had advised that the property owner had informed him he desired to use the property himself and the Applicant was given 30 days to vacate the premises. Mrs. Carolyn Raschick, 410 Falcon Street, whose property is adja- cent to subject property to the south, advised she opposed this proposed use as one of the older homeowners who had moved here from Santa Aha when "prog- ress'' such as is now proposed took over the area where they were living, and she did not want it to happen again. She stated she had not objected to Weber Appliance, as a television shop, and had found them to be desirable neighbors; however, shortly after the start of their operation her home had been broken into twice and she believed having commercial property that is not occupied nights made those areas more susceptible to such things. She also objected to losing backyard and patio privacy as a result of neon signs, etc. on commercial property. 71-442 City Hall, Anaheim, California - COUNCIL MI~S - July 27, 1971, 1:30 P.M. Mayor Pro Tem Stephenson invited the Applicant to again briefly ad- dress the Council. Replying to Mrs. Gower's concern over parking spaces, Mr. Warren ad- vised that the 10-foot easement on the west side of his property would make two extra spaces available, thus allowing for a total of at least four parking spaces. He also stated that if progress is not allowed to take place in the City of Anaheim as it grows, the City will regress; that he would not want the application turned down under the pretense, as Mrs. Raschick intimated, that it could create a criminal element. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council; there being no response, declared the hearing closed. Mr. Geisler advised that the Anaheim General Plan recommends the area covered by Area Development Plan No. 93 for low-medium residential use. Councilman Thom stated he felt no significant change has taken place in subject area to warrant a variance such as has been requested, although he realized there were innumerable realtors having offices in old residential structures. Councilman Roth advised that at the present time his real estate activity is located in a converted piece of property; however, he is trying to encourage people coming into the downtown area to tear down some of the old buildings through the free enterprise system and develop new commercial buildings. He added that he did feel that some day the property on Euclid Street and Broadway would be zoned commercial. In reply to Councilman Pebley, Mr. Geisler advised that, although there is no ordinance prohibiting a combination residential-commercial use, there is no zone that permits it. Councilman Pebley stated that he probably would not object to the application if it were for a straight C-O use, su~ as an insurance-o~fice c~real estate office, that could never go to a heavier Use. Councilman Stephenson expressed the opinion that the proposed use would be an encroachment on the R-1 Zone. MOTION - AREA DEVELOPMENT PLAN NO, 93: On motion by Councilman Thom, seconded by Councilman Pebley, Area Development Plan No. 93 was disapproved. MOTION CARRIED. RESOLUTION NO. 71R-334: Councilman Thom offered Resolution No. 71R-334 for adoption, denying Variance No. 2262. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2262. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and St~phenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-334 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 658: Submitted by Trinity Lutheran Church for clarification of the Planning Commission's intent in approving Christian education facilities to determine whether it included a day school for kindergarten through eighth grade, since it was their intent to establish such a school for 120 students, on R-H-10,000 zoned property located at the northeast corner of Nohl Ranch Road and Nohl Canyon Road; and further des- cribed as 4101 East Nohl Ranch Road. 71-443 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. The City Planning Comission, pursuant to Resolution No. PC71-114, clarified that the intent of Conditional Use Permit No. 658, approving a church with Christian educational facilities included the establishment of a day school on subject property and imposed the following conditions in connection there- with: 1. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Ana- heim, prior to the con~nencement of the activity authorized under this resolu- tion. 2. That the existing driveway on Church Haven Way shall be barri- caded immediately to preclude church traffic from using Church Haven Way. 3. That the existing driveway approach apron and entrance-exit to Church Haven Way shall be removed and replaced with standard curb and gutters. 4. That a 42-inch decorative masonry wall and/or dense landscaping shall be provided along the entire frontage of Church Haven Way; plans for said wall and/or landscaping shall be submitted to the Development Services Department for approval. 5. That dense landscaping, including trees, shall be provided along the easterly property line adjacent to the area proposed for recreation pur- poses; plans for said landscaping to be submitted to the Development Services Department for approval. 6. That Condition Nos. 3, 4, and 5, above mentioned, shall be com- plied with within 180 days from date hereof or such further time as the Plan- ning Commission and/or City Council may grant, provided however, that the com- mencement of the school use shall not be dependent upon completion of these conditions. 7. 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 Nos. 2, 3, and 4, in addition to the conditions set forth above. 8. That a maximum of 120 students shall be permitted in the Chris- tian day school. Appeal from action taken by the City Planning CommiSsion was filed by Ronald H. Bevins, Attorney, and public hearing scheduled this date. The Deputy City Clerk submitted correspondence from the County of Orange offering no recommendations; also, letters of opposition from Robert A. Salerno, H.C. Van Ysseldyk, and Ronald H. Bevins; also submitted was re- port of the City Engineer, regarding Finding No. 5 of Planning Commission Re- solution No. PC71-114. Assistant Director of Development Services Ronald Thompson noted the location of subject property, the existing uses and zoning in the imme- diate area, and reviewed the findings of the City Planning Commission, both at the time the original Conditional Use Permit No. 658 was granted in 1964, and at the June 14, 1971 meeting, at which they determined a maximum number of 120 students, including all grades, should be permitted. He further noted that the Traffic Engineer had indicated it would be appropriate to have only one point of ingress and egress to Nohl Ranch Road, and thus the Planning Commission had recommended removal~of the exist- ing Church Haven Way access to the Church parking lot, which entrance-exit was almost immediately adjacent to the single-family homes fronting on the south side of Church Haven Way. The City Engineer referenced his report on pedestrian traffic con- trol at the intersection of Nohl Ranch Road and Nohl Canyon Road, and advised that it was his opinion the existing conditions did not justify the four-way stop sign and crossing guard at that point, as was suggested by the City Plan- ning Commission; that the Traffic Engineer had recommended painted crosswalks and the erection of school warning signs. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was present. 71-444 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Willard L. Conradson, 420 Fernhtll Lane, Pastor of Trinity Lutheran Church, stated he felt Nohl Ranch was a unique corm~unity and the fact that there are currently two private schools, one high school and one grade school and kindergarten, and the area lies within two City Governments, two post of- fices, etc., and one school district, made it a natural area for a private school; also, that the Nohl Ranch area is expected to continue to grow. He advised that the master plan for their facility, which was ap- proved by the City of Anaheim, showed 7,200-square feet of existing buildings and an additional two-story classroom building. He contended that at the price of land in that area his church would not have purchased the 4.4 acres there if they had only intended to have a Church and Sunday School activity. Reverend Conradson also expressed the opinion that since three of the present Planning Commissioners were on the Commission at the time the original conditional use permit was granted, it always had been their under- standing a Christian day school was intended. In reply to questioning by Councilman Roth, Reverend Conradson ad- vised that on Sunday mornings his congregation usually consists of 250 to 300 for worship services, and 190 to 220 in Sunday School; that there also are various weekday church activities. He also stated that, in his opinion, the recommendation of bringing in a new road off Nohl Ranch Road would "foul up" the master plan of the aes- thetics of the lot, and such an entrance would necessarily be directly across from the existing public school; that at the time the original application was considered he was informed it was not good to have an entrance/exit off Nohl Ranch Road. He added that if removal of the driveway off Church Haven Way was a condition for granting the application, they would agree to remove it. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council in favor of the application. Marvin Bangs, Lay President of Trinity Lutheran Church Congregation, stated he found it almost inconceivable that residents could object to an in- stitution which existed prior to building and selling of homes adjacent to it; that the only reason they could have for opposition would be personal, and he objected to that as a violation of the rights of those who were there first. He stated that anyone wanting to know what their facility would look like, what the activity would be, and how many people would be involved could have found out by looking at the master plan that was filed with the City of Anaheim in 1964; that that master plan is substantially the same as the one filed recently and did include a two-story building. Mr. Bangs asked that the City Planning Commission recommendation be upheld, to allow him to send his children to the school of his choice. Richard Brooks, 624 Briardale, Orange, Vice-President of the Church Congregation, and an Architect, described the terrain and the surrounding land uses and elevations, being of the opinion the architecture of their buildings is con~atible with the site and blends well with the Nohl Ranch ar ea. Mayor Pro Tem Stephenson asked if anyone wished to address the Council in opposition. 71-445 ..~ity Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P,M. Ronald H. Bevins, 136 Whiting, Fullerton, Attorney representing a number of homeowners in the immediate area, stated that in his review of the file he found nothing that would indicate a proposed day school, and those persons building homes in the area after the church was built could not have known such a school was intended. He advised that area homeowners have substantial investments in their houses and these were made with the understanding there would only be a church and Sunday School operation on subject property; that the church and proposed school are directly oriented toward the homes on Church Haven Way. Mr. Bevins contended the proposed day school would create traffic hazards, in that the majority of the children attending the school would have to be brought there in a car, most of them probably from some place other than Anaheim. He stated he had not been able to locate the proposed playground area in his review of the plans. Mr. Thompson advised the Applicant has indicated they intend to use the area i~muedtately east and between the bank and church for playground activities. Reverend Conradson confirmed this intent. Mr. Bevins and the City Council reviewed the plans. Mr. Bevins stated that there were a number of people in the audience today from the area of Church Haven Way who would like to address the Council in opposition; however, since it would be impossible for the Council to hear all of them, he asked those people to indicate their presence by a show of hands. Ivan Nash, 2891Wyngate Road, Orange, contended there is not enough room on the site for a two-story building and there was no mention made earlier that a Christian day school would be located there. He expressed the belief conditions there are not favorable for such an operation: the grounds are too small, existing buildings are not adequate, roads are not adequate, and problems probably would arise regarding stop signs, grade crossings, traffic signals, etc., thus placing an additional burden on someone in the area. Mr. Nash stated he would not have purchased his home in that area nor put over $9,000.00 into landscaping his property if he had known of the proposed school. He added that he did not believe there had been enough planning on the part of the church for them to recognize the problems confronting them and, in his opinion, the proposed school was neither needed nor necessary, since the already-existing two private schools and the public school under construction are adequate to take care of people living in the area, and it is not necessary to bring people in from outside the area to attend school. Hendrik Van Ysseldyk, 4125 Church Haven Way, described the Nohl Ranch area as a relaxing, pleasin§~ purely residential area, with a ranch-type atmos- phere and no gas stations~ neon signs or commercial establishments. He stated they were pleased with the church in the area when they purchased their home because they felt there would only be Sunday and other church-related activi- ties there; however, they had not anticipated a day school with 120 students. He added that he has no objection to any private school but did not see a need for the proposed school; if parents want a Christian education for their chil- dren there is a Lutheran day school within 1% miles from Trinity Lutheran School, and another about 2 miles away at Lincoln and Kraemer, with uncompleted classrooms. 71-446 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Mr. Van Ysseldyk contended none of the plans of the church show a Christian day school and he had heard only about a Sunday School activity; now he understands they plan to have 2 two-story buildings and when a new sanctuary is built some time in the future, the present one will be used for educational purposes also. As a result, he stated, there will be a parcel in the midst of RH-10,000 zoning that will be overdeveloped with a church and educational facilities, with parking area to accommodate 102 cars. Mr. Van Ysseldyk referred to the approximately 400 homes located in Nohl Ranch, 30 of which he contended were members of Trinity Lutheran Church, and thus there could only be 12 to 15 students to attend the proposed school from the Nohl Ranch area, with the rest of the students being brought in from as far away as Yorba Linda. Councilman Roth noted that, since most students probably would at- tend the proposed school from 9:00 A.M. to 3:00 P.M., it would not interfere with the quiet atmosphere Mr. Van Ysseldyk referred to as desirable for wor- kers returning home in the evening. Mr. Van Ysseldyk replied that besides regular school, there would be before-school activities, recesses, lunch hour, and after-school play, and this could disturb those home during the day. He adde~ that the public school now under construction is not oriented toward the residences, as is the case with the church facilities. He also stated that, since there will be no bussing of students to the elementary public school it would be a case of children walking to school, and thus all would be from the immediate area; that there are sidewalks on only one side of the street, and some children would have to cross streets three times to get to the public school and the traffic caused by children being driven to the proposed school would inter- fere with that walking traffic. Robert Salerno, 4128 Church Haven Way,whose property is adjacent to subject school, stated he had voiced most of his objections in a letter he previously had submitted, but he would like to know what possibility there might be of the church, four or five years from now, requesting permission to increase the number of students; also, if half of the property now is in park- ing and the other half will be used for buildings, where the children would play? He added that the noise of 120 children playing next door to his home would disturb his family and the family next door, whose backyard also is adjacent to the area. The Council again reviewed the plans. Stephen Derkum, 2850 Rustic Gate Way, Orange, advised that he was speaking neither for nor against the proposed school but wished to present results of a poll that had been requested by the Homeowners Association Board, who had voted to remain neutral on the issue, on whether people were opposed or in favor of the proposed zoning variance to allow an elementary school for kindergarten through grade eight. He advised that this poll was taken in seven of the eight recorded tracts in the community, the eighth one being "New Marywood," which is situated some distance away near Marywood School, and only about half of the development occupied. He reported that out of a possible 342 homes, they received answers from 221, or a little under 65%; those in opposition numbered 87, those in ~avor 76, and 5§ remained neutral. Mayor Pro Tem Stephenson invited the Applicant to again address the Council briefly in rebuttal. Reverend Conradson advised that there were no plans at this time for 2 two-story buildings, as was mentioned, and that the playground area was shown in the original plans. He added that in inclement weather black- top areas are used for playground activities at other schools, and this also would be the case in their situation. Reverend Conradson stated that there 71-447 City Hall, Anaheim, California - COUI~CIL MINUTES - July 27, 1971, 1:30 P.M. had been no complaints received the last two weeks of June when they had 140 children on the premises for Bible School. Replying further to comments made in opposition, Reverend Conradson advised that the church owns almost the full length of the property on one side of Church Haven Way, and that the master plan includes area for 2 two-story buildings,if desired. He added that the church also owned a high-cost home near the church, and that the church has a total investment in their facili- ties well over $300,000.00. He was of the opinion that the public elementary school now under construction being built of the same material as their facili- ties,indicates the church fits well into the area. Reverend Conradson also advised that the St. Paul Lutheran Day School, mentioned as being 1~ miles away, does not have kindergarten and, even if added, it would be questionable whether they could also accommodate the numbers their proposed school would. With regard to children attending the public elementary school, he advised he understood advanced students from other schools in the area would be bussed in. Referring to coments about noise created by their proposed school, he stated their worship services often have been disrupted by area children playing outside the church. In reply to Council questioning, Reverend Conradson advised that the 140 Bible students previously mentioned had played outdoors; that there is only 1 two-story building shown in the master plan, although that building is not necessary to accommodate the 120 students. He added that the existing facili- ties contain 36-square feet of classroom per child, based on 120 students, as compared to the required 20-square feet per person. Mayor Pro Tem Stephenson invited a short rebuttal from the opposi- tion. Mr. Van Ysseldyk stated that he had understood there were two pro- posed two-story buildings mentioned during the Planning Commission hearing. He again asked how many children from Nohl Ranch are expected to be attending this proposed school. Reverend Conradson replied that 80% of their members have Orange ad- dresses and 20% have Anaheim addresses, with about 30 members living in Nohl Ranch. He added that, as far as he knew, the Nohl Ranch Sales Office was the only strictly Nohl Ranch 6riented place in the whole.area. Mr. Salerno acknowledged that for first year or two, until the pub- lic elementary school is fully established, there will be students bussed in; however, the concept of the school still was that area students would be walk- ing to school. It was determined sufficient evidence had been presented, and Mayor Pro Tem Stephenson declared the hearing closed. In reply to Councilman Pebley's query as to whether ~he City Plan- ning Co~ission interpretation had been that this proposed school had been intended at the time of tha original application in 1964, Mr. Thompson advised the Planning Commission felt they intended to allow more than a Sunday School activity. Councilman Roth stated he believed it was the intent of the Planning Commission to include a Christian day school when they originally granted Con- ditional Use Permit No. 658. Referring to the comment about the Nohl Ranch area being a quiet community, he advised that investigating the area in con- nection with this issue, he was amazed at the amount of noise already present from the Freeway and vehicles. 71-448 City Hall~ Anahetm~ California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Councilman Thom advised that the only hesitation he had about the proposed school was its close proximity to another city and the fact that 80% of the congregation lived outside Anaheim, making any decision of the Council one primarily affecting a use in Anaheim for people not living in Anaheim. Councilman Stephenson noted there are many Anaheim children from that area presently attending the Orange Public Schools at this time. At the suggestion of City Attorney Joseph Geisler, the plans and the entire file were again reviewed by the Council and Mr. Bevins, and it was detemmined that those plans filed in 1964 did clearly show classrooms and also two-story classrooms, indicating a Christian day school was planned at the time of the original application. RESOLUTION NO. 71R-335: Councilman Roth offered Resolution No. 71R-335 for adoption, approving the clarification of Conditional Use Permit No. 658, as recorm~ended by the City Planning Commission, and subject to the conditions contained in Resolution No. PC71-114. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING CONDITIONAL USE PERMIT NO. 658 AND INTERPRETING THE TERMS THEREOF. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-335 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1241: Submitted by Samuel L. Bryant, to establish an animal care center for the temporary housing and care of lost and distressed animals in indoor quarters, including training classes on the care of animals, on M-1 zoned property located at the northwest corner of Lacy Avenue and East Street; and further described as 1039-1041 Lacy Street. The City Planning Cormnission, pursuant to Resolution No. PC71-105, granted said conditional use permit. Appeal from action taken by the City Planning Cormnission was filed by C. Birk Lefler, Parks Properties, Inc., and public hearing scheduled this date. The Deputy City Clerk advised 11 letters opposing said application had been received from residents and businesses located on Hampshire, Lacy and Vermont Avenues, and 3 letters supporting the application had been received from the Humane Society of the United States and the Humane Society of Marin County, California. Assistant Director of Development Services Ronald Thompson noted the location of subject property, comprised of approximately~ 21,O00-square feet, with an ll,000-square foot building, and advised that the property is surroun- ded on three sides by a developed industrial subdivision, with the closest residence north and east of the northeast corner of Vermont Avenue and East Street, and agricultural property across East Street that is designated for a future junior high school. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was pre- sent and wished to address the City Council. Herbert Martin, 2042 Seven Seas Lane, Huntington Beach, Executive Director of the California Branch of the Humane Society of the United States, advised that prior to their application they had been assured by the Planning Director that their proposed use would be allowed in the~M-1 Zone. He stated 71-449 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M the purpose of the proposed Animal Care Center is to provide temporary housing and care for lost, distressed, and owned, unwanted dogs, cats and other small animals, including native wildlife, and noted the following services that would be available: Emergency veterinary care, emergency vehicles that would be op- erated through the City and surrounding areas for pick-up of sick and injured animals, ambulance service for D~ts whose owners cannot get to a private vet- erinarian, pet adoption service, lost and found service, pet information ser- vice, humane officers to investigate cruelty complaints throughout the County and help people with animal problems. He added the proposed facility also would train humane officers, animal control officers, and animal technicians, disseminate printed material on the care of pets, and conduct classes on horse, dog and cat care, which classes may be conducted in parks or other places than the proposed center. Mr. Martin advised that three of the Humane Society of the United States Regional Staff Field Men would have their offices in the facility, as well as the administration staff for the center. He stated that their offices work differently than those of the City or County who must operate according to animal control ordinances. Mr. Martin outlined the facilities and equipment that would be avail- able in this two-year old, tilt-up type concrete construction building, as fol- lows, and advised that the need for these was determined by surveys throughout Orange County: 9,600-square feet of open shop area with 18-foot ceilings to house a clinic area, consisting of 8 rooms, major and minor surgery rooms, examination rooms, recovery rooms for cats and dogs, intensive care ward, and isolation ward for cats and dogs, and having 67 stainless steel cages; a check- in area to handle 120 unwanted animals, and having 43 stainless steel or fibre- glass cages for dogs, 36 for cats, and 12 for other small animals; adoption wards of three rooms, containing 20 cages for dogs, 26 for cats, and an aviary and cages for other small animals, with 48 4x8 fibreglass runs, connected to cleanout gutters running to a central sewer connection; one kitchen area for the clinic and another for the other shelter part; euthanasia room with walk- in cooler and holding cages; store room, work shop area; drive-in area for unloading emergency vehicles inside; 1,500-square feet of office space upstairs and 1,500-square feet downstairs; inside partitioning to separate different wards; airflow systems to various wards, baffled to prevent the noise from going outside, and air conditioning where needed. He advised purchase of the building has been contracted for at a cost of $96,000.00, with $30,000.00 down-payment, and financing has been ar- ranged for the balance to be paid over the next 7 years. He added that com- mitments also have been made to spend $45,000.00 for stainless steel and fibre- glass cages, and there will be facilities at the outset to handle 327 to 350 animals, based on standards set up by the United States Department of Agricul- ture and the Orange County Animal Regulation Department. Mr. Martin advised that standard procedures have been set up to main- tain the most strict sanitary conditions for handling refuse, removal, etc., inside the building. He further stated that their facilities will be open to the public for search of pets, and thus they will be more or less forced to maintain a very model animal facility. In reply to Council questioning, Mr. Martin stated the noise from barking dogs would not be heard outside the building. He also advised that their services are financed throu§h memberships and contributions, and the funds for bringing these specific services to Orange County was left their organization in a will; that the proposed facility would be the first one operated in California by the Humane Society of the United States. Referring to a query on property taxes, Mr. Martin stated that since theirs is a non-profit organization, they would not be paying property taxes; however, it was his opinion the value of the services they would perform with- out cost to the taxpayers would be $4,000.00 or $5,000.00 a year, as compared to the approximately $2,400.00 in taxes that would be normally assessed. He added that at present,animal control costs to the Orange County taxpayers is 71-450 City Hall, Anaheim, California- COUNCIL MINUTES- July 27, 1971, 1:30 P.M. close to one million dollars a year, at least half of which comes from the General Funds. He contended their operation would complement the present service. Mayor Pro Tem Stephenson asked if anyone else wished to address the Council in favor of the application. Tom Hartsook, 10113 Ho!burn Drive, Huntington Beach, animal cage bu- sinessman, advised that Mr. Martin had requested that he investigate the struc- ture in question to determine if he felt it would be suitable for their needs, and in his opinion, he has seen few buildings as well suited for the proposed animal care center, since all operations could be performed inside the building, and nothing could offend neighbors. In reply to Council questioning, he stated he did not think the bark- ing of the dogs could be heard outside of the proposed animal care center. He added that 10 years ago he had been requested to in~tall aages fm~ ~ogs on the roof of the Stanford Research Medical Center at Palo Alto, and today there are between 300 and 400 dogs up there, and nobody is aware of it because there is an 8-foot wall around them and the sounds and odors are dissipated up in the air. He stated that if the proposed facility is operated in the way that research facility is, he could not see how anyone could object. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition. C. Birk Lefler, 1680 Bedford Road, San Merino, President and owner of Parks Properties, Inc., which owns property contiguous to the subject pro- perty, along with other parcels in the area, stated he is strongly opposed to the proposed operation in a "high class industrial area in the heart of Ana- heim;'' that Anaheim does not need an animal shelter since there are a number of humane societies presently operating in Los Angeles and Orange Counties, and Anaheim is served by the Orange County Animal Shelter. Referring to taxes, Mr. Lefler advised that taxes on 9 acres of land he developed on Vermont and East Streets have risen from about $2,500.00 to over $23,000.00 since 1963, and has a market value of over $800,000.00. Mr. Lefler stated that, in his opinion, noise and odors from such an operation could not be c~tai~ed, particularly in an industrial-typ~ building not con-~ structed for the purpose. Douglas Thom, 1219 East Vermont Avenue, whose home is 70 yards from subject property, advised his wife and daughter both are asthmatic, and since their home is situated in the path of prevailing winds, he feared the odors and animal hairs would affect his family. He advised he agreed there was a need for such an operation as is proposed, but he objected to it being loca- ted on subject property~ Howard Pendleton, 2232 East Ball Road, Vice-President and General Manager of P.B.R. Company, adjacent to subject property, advised that they feel they have a large stake in Anaheim, since the payroll for their approxi- mately 180 employees is in excess of $1,200,000.00 per year, and taxes on their 7 acres of property last year were $27,000.00. He stated that his company objected to the proposed operation because an animal care center located next to their business establishment could have a detrimental effect when executives of large corporations from all over the United ~tates visit their building, since they do not think the noise and odor of the animals can be controlled. In reply to Councilman Thom's question as to whether it was felt the proposed facility would have an adverse effect on their employees, Mr. Pendle- ton replied negatively, and advised they were only concerned about the appear- ance factor. He added that he thought the Humane Society did a good job but he did not think subject property was the proper location for the proposed fa- cility. 71-451 City Hall, Anaheim, California - COUNCIL MLWUTES - July 27, 1971, 1:30 P,M, Ken Robinson, 2561 Lime Circle, Fountain Valley, advised he was Superintendent of Construction on the building in question and, in his opin- ion, it is not feasible to use the building for an animal care center, since there is no way the building could be insulated for noise, there are only 6 vents in the ceiling for ventilation and the entire facility would need to be air conditioned, the only plumbing facilities are in the offices, and it would be a prohibitive cost to install plumbing throughout, the factory area floor is flat and it would cost $10,000.00 to $20,000.00 to install proper drainage. The Council requested R. Robert H. Haight, Director of Veterinary Public Health Division of Orange County and County Veterinarian, to give his opinion on the issue. Dr. Haight stated that if the Humane Society of the United States can give the potential they assure they can in the proposed project, he would like to see the money they would use donated to the Animal Shelter for use, and for building on there. Referring to costs of the Animal Shelter, Dr. Haight advised that basically the auditors assign certain fees to pay for the facilities and the services pretty well pay for themselves; however, in a situation such as dead animal pick-up there is no way that could pay for itself. Dr. Haight advised that at this time the law requires stray dogs to be turned in to the Orange County Animal Shelter as a central location where owners could locate them. He added that the work done on controlling rabies by h~ office proves that they have not done too bad a job with the funds available. Councilman Roth expressed the opinion that having all strays turned in to a central location, such as the Orange County Animal Shelter, would be the best procedure. Referring to stray cats turned in to the Animal Shelter, Dr. Haight advised that no cats under six months old may be released without deposit with the veterinarian a fee for alteration of the cat; that cats over six months old cannot be purchased until they have been altered, although this is not so if you are the owner of a cat that has been turned in to the Shel- ter. He added that the proposed facility could accept cat strays, but not dog strays; that a private organization may be able to keep s~ray dogs longer but he believed they had as much difficulty placing them in homes as the existing Animal Shelter does. Dr. Haight advised that 72 additional runs presently are being built at the Animal Shelter, and his experience has been that dogs kept out-of-doors at the Shelter are less susceptible to such things as kennel cough. Mr. Mmrdoch noted that Anaheim has adopted the County Animal Con- trol Ordinance by reference, and one particular area of concern to him is disposal of dead animals, since it requires that "The poundmaster shall dis- pose of all animals whose ownership cannot be established." the suggested that if subject application is approved, the Animal Control Ordinance may require amending. Maypr Pro Tem Stephenson invited Mr. Martin to again address the Council briefly. Mr. Martin assured Mr. Thom that nothing would emanate from the proposed facility that would e~dauger the asthmatic condition of his family. He stated that in driving through the general area he had noted more stray cats and dogs than normally would be seen going in and out of their proposed facilities because of the manner in which the animals would be transported in and out. 71-452 City Hall, Anaheim, California - COUNCIL MIB-OTES - July 27, 1971, 1:30 P,M, Regarding the legal requirement that stray dogs must be disposed of by the Poundmaster, Mr. Martin stated the majority of the dogs they would handle would be privately owned,and those that were not would be injured and need help, and the disposal of them could be determined after the animal was treated; that a Humane Officer legally can impound any animal where cruelty is involved, and in such cases the Orange County Animal Shelter would be asked to house such animals until the case was disposed of.' Mr. Martin stated that 350 or 400 cats are destroyed daily through the three existing animal centers in Orange County, and this increases to 600 or 700 at this time of year. He added that the law requiring any cat placed from an animal shelter to be altered is creating hardship and people are aban- doning cats on the streets rather than turn them in to an animal shelter, be- cause they know they will be killed at this shelter if someone will not pay to have them altered; that efforts are being directed at getting this law changed. He stated that he has been on a State Committee to study the surplus animal problem and propose appropriate legislation on the problem; that under the Uniform Ordinance by which Anaheim is governed, an owner is not held re- sponsible for his pet, and he can let his animals stay in the pound after be- ing picked up and be destroyed, rather than to pay the fee to reclaim them. He then is free to obtain another pet. In reply to Councilman Roth's query on what plans they have for handling surplus animals, Mr. Martin advised that a great many necessarily would be destroyed, as is now done by the Animal Shelter; however, there are certain humane policies and procedures subscribed to, to help both the animals and the people. Mr. Martin refuted Mr. Robinson's statement that ventilation and sewage costs would be prohibitive, and advised that engineers have determined one additional floor drain would be required in the clinic and an extra sewer line, 5 skylights should be installed in the open area dog run, and this area to be baffled. He added that none of these items is something they could not handle financially. Referring to the question of the need for such a facility, Mr. Martin advised the Board of Directors of Humane Society of the United States has pas- sed a resolution declaring Orange County a disaster area on animal control and welfare, when compared with other California areas. It was determined sufficient evidence had been presented, and Mayor Pro Tem Stephenson declared the hearing closed. RESOLUTION NO, 71R-336: Following Council discussion, where it was agreed such an operation was desirable but should be in a different location, Coun- cilman Thom offered Resolution No. 71R-336 for adoption, denying Conditional Use Permit No. 1241. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1241. Roll Call Vote: AYES: COUNCILMEN: Roth, Pebley, Thom and Stephenson NOES: COUNCILD~N: None ABSENT: COUNCILMEN: INAtton The Mayor Pro Tem declared ResolutionNo. 71R-336 duly passed and adopted. RECESS; Councilman Roth moved for a 5-minute Recess. Coumctlman Stephenson se- conded the motion. MOTION CARRIED. (4:20 P.M~). AFTER RECESS: Mayor Pro Tem Stephenson called the meeting to order, all Council members being present, with the exception of Councilman Dutton. (5:30 P.M.). City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 1243: Submitted by Peter and Audrey Warnoff, to permit on-sale beer in an existing billiard parlor on C-1 zoned property located on the north side of Ball Road, west of Beach Boulevard; and further described as 3015-3017, and 3019 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC71-116, granted said conditional use permit, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Ana- heim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2. That street lighting facilities along Ball Road shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utili- ties; 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 requirement. 3. That the owners of subject property shall pay to the City of Ana- heim the sum of 15¢ per front foot along Ball Road, for tree planting purposes. 4. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent property. 5. That the existing structure shall be brought up to the minimum standards of ~t~e City of Anaheim, including the Uniform Building, Pluming, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 6. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim, marked Ex- hibit Nos. 1 and 2, provided however, that the parking areas shall be landscaped in accordance with the site development standards of the C-1 Zone, and further provided that all signing shall conform to the Sign Ordinance. 7. That Conditio~ Nos.l, 2, 3, 4, 5, and 6, above mentioned, shall be complied with prior to the commencement of ~he activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 180 days from the date hereof, whichever occurs first, or such fur- ther time as the Planning Cozmnission may grant. Appeal from action taken by the City Planning Co~uission on conditions imposed was filed by Peter and Audrey Warnoff, Applicants, and public hearing scheduled this date. Mr. Thompson noted the location of subject property, the existing uses and zoning in the immediate area, and advised that the Applicants were objecting to the conditions of improvement. He stated that the Applicants do not contem- plate any physical changes in connection with their request for permission to sell bottled beer on the premises; however, it is standard procedure when a use is either changed or intensified on a property to recommend improvements b:e made to bring the property up to Code and the use into conformance. He advised that the signing on the west wall has been removed and the wall painted; however, the signing on the east wall still, is not in conformance. Referring to the statement in the Applicants' letter of appeal that street lighting assessments were paid when the building permit was granted, Mr. Thompson advised that they have researched the files and can find no record of these being paid, nor could the Applicants locate their records. Councilman Roth noted the Applicants' note that an offer to plant trees was made at the time of construction, but the Safety Department had turned it down as creating a possible traffic hazard in connection with the nearby inter- section. Mr. Thompson explained that some on-site standards have changed since this building was constructed in 1959; however, there may have been some unusual circumstances connected with this property at that time to preclude the planting of trees. Mayor Pro Tem Stephenson asked if the Applicant or his Agent was present and wished to address the Council. Peter Warnoff, 1309 Iris Street, advised he originally had purchased this parcel of land because it was unrestricted and required no zoning applica- tion and he was informed at that time that street lighting fees had been paid; also, he had been willing to put in tree wells and plant trees at the time the sidewalk was installed, but was told there should be no trees there. The City Attorney advised that if the required street lighting fees were not paid in 1959, they should be paid at this time; however, proof of prior payment would be comsidered compliance with the condition. 71-454 City Hall, Anaheim, California - COUNCIL MINITES - July 27, 1971, 1:30 P.M. Mr. Warnoff suggested that since Mr. Asawa had a parking lot on the property prior to construction of his building~ the street lighting fees may have been paid by him. He added that he himself had not paid the fees and would be willing to pay them at this time if no record of payment can be found, and if the fees are set at the amount required in 1959 when the building was constructed. He was assured that these fees have not changed since 1959. Mr. Murdoch advised that at the time this property was developed the standard street was 100 feet wide and a 50-foot dedication was required; however, since that time, the street width standard has been changed to 106 feet and thus the reason for the condition requiring an additional 3-foot de- dication. Mr. Warnoff advised that dedicating this additional 3 feet would result in a loss of 4 parking spaces, and thus his property would have a sub- standard parking lot in case he should ever make application for any other changes. He asked for some sort of protection on parking requirements for any future requests; however, he added that he would be willing to dedicate this required 3 feet at any time the City actually did widen the street. Mr. Murdoch advised that since the curb line is presently 42 feet, according to the City Engineer, which is only 1 foot short of the new stand- ard, the likelihood of widening that street for quite some time is remote, and thus it may be possible to require dedication at the time of street wi- dening. Mr. Geisler advised that it is acceptable to require dedication at this time with dedication to take effect at such time as the street is widened. Referring to the condition that air-conditioning facilities be shiel- ded from view, which the applicants had mentioned in their appeal letter, Coun- cilman Roth stated that his inspection of the property had revealed that the adjoining motel also had air-conditioning units projecting from the rear of their building. Mr. Thompson advised that this condition is a standard condition, and if the units are not visible from the street they are not required to be shielded; however, if the noise from the units exceeds the allowable 60 de- cibels at the property line, covering is required. Mr. Geisler advised that the sound decibel condition would apply, regardless of zoning; therefore, that condition could be omitted. By general Council consent, amd with approval of the City Manager and City Attorney, deletion of Condition No. 4 was authorized. Mr. M~rdoch suggested Condition No. 1 be reworded to add the fol- lowing: "Such dedication to take effect at such time as the street is wi- dened as a general widening project." Mr. Warnoff stated he was still concerned about losing parking spa- ces and added that he is willing to dedicate the 3 feet required, provided his parking lot was granted a variance so that it would be considered legal for any type of business compatible for C-1 Zoning. Mr. Geisler advised that the parking lot now is legal for the pre- sent business activity, but would not be legal for all C-1 uses, since each business activity has different parking requirements. Mr. M~rdoch suggested it might be possible to delete the dedication at this time, since it is not presently needed. Mr. Geisler advised such a procedure could set an undesirable pre- cedent, since every conditional use permit application should require the standard of dedication in use at that time. He suggested the condition could be worded so that dedication could not be required for at least a period of 5 years, or some other specific time. Mr. Warnoff stated if, after dedication was made, the City would not guarantee his parkt~ lot would not be ruled substandard at any future time, he would rather have subject application denied. 71-455 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971,. 1:30 P.M. Mr. Geisler advised that his present business then would be considered a non-conforming use, and as such, could continue to operate until such time as he desired to make a change or intensify the use. On recon~nendation of Mr. Thompson, public hearing was continued to August 10, 1971, 1:30 P.M., to allow time for additional study on possible solutions, on motion by Councilman Roth, seconded by Co~ncilman Thom. MOTION CARRIED. PARKING LIMIT REQUEST - FLAVETTE COR~PORATION: Request of Juanita Balch, Flavette Corporation, for a two-hour limited parking zone during working hours, for the parking area at 801 East Broadway was submitted, together with report of the City Engineer recommending request be denied, and 2 vehicle spaces limited to 1 hour installed. Mr. M~rdoch advised he understood Flavette Corporation was satisfied with the recommendations of the City Engineer. On motion by Councilman Thom, seconded by Councilman Pebley, request for a 2-hour parking time limit was denied, and installation of 2 vehicle spa- ces limited to 1-hour authorized, as recon~nended by the City Engineer. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1098 - R~.qUEST RE PARK AND RECREATION IN LIEU FEES: Re- quest of Henry Reichert, Retchert & Sons, to address the Council regarding de- velopment of Rio Vista Mobile Home Park (Conditional Use Permit No. 1098), un- der the former park and recreation in lieu fees was submitted, together with report of the City Engineer and report of the Development Services Department, recommending denial in view of the fact that the City had approved the neces- sary permits which would have permitted development of the property under the old fee schedule, and in view of the failure of the Applicant to proceed due to his lender's objections. This request had been considered at the June 8, 1971 meeting and de- nied; however, at that time the Applicant was not invited to address the Coun- cil, and consequently had repeated his request. The City Council invited Mr. Reichert to address the meeting. Mr. Reichert advised that the applicable park and recreation in lieu fees had been paid at the time work on their mobile home park was started; how- ever, since they had been unable to begin construction of their building with- in 60 days of issue of the permit, they had been notified by the Building De- partment that an additional $50.00 per space would be required to meet the in- creased in lieu fees, or approximately $9,200.00, which he contended would be a burden to pay. Referring to Mr. Reichert's original reqUest, wherein he also had requested some amendments to conditions in Resolution No. 69R-322, granting Conditional Use Permit No. 1098, Mr. Geisler reminded him that a new applica- tion must be filed before any amendments to the Resolution can be considered, and that the only issue for discussion this date was the collection of old or new park and recreation fees. Mr. Reichert stated that start of construction on their building had been delayed because of a drainage problem, solution for which was not satis- factory to the lenders; subsequently, other property in the area was developed, which further complicated the drainage situation. As a result, he added, the drainage plan has not yet been approved by the City, although the park itself is about two-thirds completed. Councilman Stephenson stated it appeared the Applicant had received all of the necessary permits in plenty of time for them to develop under the old park and recreation in lieu fees; also, they were notified these fees were due to be increased. 71-456 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Mr. Reichert stated he did not feel there was any hard and fast rule involved, since request for an $80,000.00 bond for off-site improvements and letters of easement descriptions for off-site improvements later had been rescinded; that the drainage stucture they are installing actually is to ac- commodate and open up 50 or 60 acres of property in the area that is of no concern to them, since drainage for their mobile home-park could have been provided by going in the opposite direction. He added that they also have put in Jackson Street and other things which are of no use to the mobile home park and have redesigned the grading and sewer system at great expense and loss of time, although recovery of some of this money spent may be possible. Councilman Thom asked how many other Applicants paid the fees under the old schedule and had not gotten construction under way before the new fee went into effect? He added it would be his opinion there would be only one or two. Councilman Roth expressed the opinion that there is no other piece of property in Anaheim that has as many problems. Councilman Thom stated he believed there were unforeseen hardships connected with this project, and he believed the request should be granted. He asked the City Engineer to present his views. Mr. Maddox advised the property originally was landlocked and was uphill from any access to a street, storm drains, etc., and thus the proposed project was premature development, in his opinion; that the temporary solu- tion of the drainage problem by a private drainage easement to Rio Vista Street was objected to by the Parks Department, because there would not be. enough cover over the Channel to get turf and it would create a raised-mound effect. He added that other suggestions were turned down and changes occurred that caused solutions to become illogical and resulted in necessary grading plan changes, etc. Mr. Maddox stated that although there are many problems in connec- tion with this situation, he believed they now have the best solution for per- manent drainage, sewer, etc. Councilman Thom expressed the opinion Mr. Reichert's firm should not be penalized for circumstances beyond their control. Mr. Murdoch advised that in discussion with the City Attorney, it was determined the Council could make their decision either way with reason; however, it was felt there were unusual circumstances involved, and thus a precedent would not be set that would create any later problems, if the re- quest was granted. He added that it was felt the Applicant had benefited both the City and the adjacent property owners in his efforts to solve the problems. Mr. Reichert advised that the necessary changes in plans had cost them approximately $20,000.00 in engineering expense. Mr. Murdoch stated it seemed evident the developer had tried to keep this project going but was unable to do so within the time limit because of the conditions of the property and drainage. In reply to Councilman Stephenson, Mr. Geisler'advised that granting the request of the Applicant would not constitute a gift of public funds, since the finding could be he had the vested right in view of the fact that he had made payment of the park and recreation fees, under his original building per- mit, and had diligently proceeded with construction of the facilities; under State law, the permit for the mobile home park itself would not expire, although the permit on buildings to be constructed thereinwould. He added that the Ap- plicant, however, would have to get a new building permit to replace the one that expired and may need more permits if he wishes to construct other buil- dings. On motion by Councilman Pebley, seconded by Councilman Thom, it was the finding of the City Council that the Applicant meets the requirements 71-457 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. as specified by the Council's previously-adopted policy in connection with the park and recreation fees, and the Applicant be granted permission to develop under the old park and recreation in-lieu fees previously paid under the ex- pired building permit. MOTION CARRIED. ORANGE COUNTY ZONE CHANGE NO ZC6743; Assistant Director of Development Services Ronald Thomson reported on the request pending before the Orange County Plan- ning Commission for change of Zone from R-I, Single-Family Residence District, to C-I, Local Business District, for property located at the northwest corner of Brookhurst Street and Woodley Avenue. The City Planning Commission, at their meeting held July 26, 1971, by Motion recommended the Orange County Planning Commission be urged to con- sider Residential-Professional or Commercial-Professional Zoning for subject property, in order that the least conflict to the single-family tract in which subject property was located would result, than a more intense commercial use as proposed; and that any waivers requested for the location of the parking area not be granted. On motion by Councilman Roth, seconded by Councilman Thom, recom- mendations of the City Planning Commission were sustained and ordered forwar- ded to the Orange County Planning Commission for their consideration. MOTION CARRIED. Councilman Pebley left the Council Chambers. (5:35 P.M.). PUBLIC IMPROVEI~NT PROJECTS - AWARD OF CONTRACTS: Councilman Roth offered Reso- lutions Nos. 71R-337 and 71R-338 for adoption. Refer to Resolution Book. RESOLUTION NO. 71R-337 - WORK ORDER NO. 1227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE SUNKIST STREET SEWER IMPROVEMENT FROM HOWELL AVENUE TO BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1227. (Farmac Pipeline, Inc. - $34,447.25) RESOLUTION NO. 71R-338 - WORK ORDER NO, 1231: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA PALMAAVENUE SEWER IMPROVEMENT FROM APPROXIMATELY 200 FEET EAST OF TO APPROXIMATELY 2,950 FEET EAST OF IMPERIAL HIGHWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1231. (Silveri & Ruiz Con- struction Company - $19,730.80) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COb-NC ILMEN: Roth, Thom and Stephenson None Pebley Dutton The Moyor Pro Tem declared Resolutions Nos. 71R-337 and 71R-338 duly passed and adoptad. RESOLUTION NO. 71R-339 - AWARD OF CONI~RACT - LEGAL ADVERTISING INSIDE THE CITY LIMITS; Councilman Thom offered Resolution No. 71R-339 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER WHOSE BID BEST RESPONDS IN QUALITY, FITNESS AND CAPACITY, FOR ALL LEGAL ADVERTISING REQUIRED BY LAW TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED WITHIN THE CITY. (Anaheim Bulletin - $3.40 per column inch for first insertion; $2.50 per column inch for subsequent insertions.) 71-458 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1971, 1:30 P.M. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Roth, Thom and Stephenson None Pebley Dutton The Mayor Pro Tem declared Resolution No. 71R-339 duly passed and adopted. LEGAL ADVERTISING - OUTSIDE THE CITY LIMITS: The Deputy City Clerk advised no bids had been received for Legal Advertising outside the City Limits. On the recommendations of the City Attorney and City Manager, the Council de- termined no readvertisement would be made at this time. RESOLUTION NO. 71R-340 - WORK ORDER NO. 1236: Councilman Thom offered Resolution No. 71R-340 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE LA PALMAAVENUE SEWER IM- PROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1236. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORD- ANCE WITH SAID PLANS, SPEGIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be Opened - August 19, 1971, 2:00 P.M.) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: Roth, Thom and Stephenson COUNCILMEN: None COUNCILMEN: Pebley COUNCILMEN: Dutton adopted. The Mayor Pro Tem declared Resolution No. 71R-340 duly passed and Councilman Pebley returned to the Council Chambers. (5:40 P.M.). RESOLUTION NO. ?1R-341 - WORK 0RDER NO. 576; Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No. 71R-341 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AlqD ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE CHAPARRAL PARK, CON- CRETE MASONRY WALL IMPROVEMENT, 1760 WEST BROADWAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 576. (Falcon Fence and Masonry Company), Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIL~N: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-341 duly passed and adopted. RESOLUTION NO, 71R-342 - ENCROACHMENT PERMIT NO, 71-1~; Upon report and recommen- dation of the City Engineer, .Councilman Thom offered Resolution No. 71R-342 for adoption, approving Encroachment Permit No. 71-1E, to construct a swim- ming pool, concrete decking, and related facilities which will encroach into 71-459 City Hall, Anaheim, California - CO~R~CIL M/_NUTES - July 27, 1971, 1;30 P,M, a portion of existing public utility easement at 1541 Minerva Avenue. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACH~NT PERMIT WITH FRANCIS.L. MDYLE AND JANE I. MOYLE. (Encroachment Permit No. 71-1E) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-342 duly passed and adopted. RESOLUTION NO. 71R-343 - ENCROACHME~NT PERMIT, ABANDONMENT NO. 70-13A: Upon report and recomendation of the City Engineer, Councilman Roth offered Resolution No. 71R-343 for adoption, approving an Encroachment Permit to use a portion of the existing roadway located at the west side of Euclid Way, 217+ feet north of Lincoln Avenue, for parking and landscaping. - Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH EDWIN E. HEACOCK AND RUTH B. HEACOCK. (Abandonment No. 70-13A) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-343 duly passed and adopted. IRREVOCABLE OFFER OF DEDICATION - CONDITIONAL USE PERMIT NO. 1098- Irrevocable offer of dedication of a one-foot strip along the west side of Park Vista Street, executed by Joseph D. Huarte, in conjunction with Conditional Use Permit No. 1098, was submitted and approved as to form and recordation thereof authorized, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. PURCHASE OF EQUIPMENT - SPOTLIGHT: The City Manager reported on informal bids re- ceived for the purchase of a Spotlight for the Convention Center, as follows, and recomended acceptance of the low bid: VENDOR West Coast Lighting and Trade Supply, Santa Monica Oleson Co, any, Hollywood ...... Budd Theatre Supply, Culver City National Theatre Supply, Los Angeles ..... Pembrex Theatre Supply, Los Angeles TOTAL AI~, INCLUDING TAX AND FREIGHT $2,6i2.25 2,692.20 2,722.65 2,945.25 3,181.50 On motion by Councilman Pebley, seconded by Councilman Roth, the low bid of West Coast Lighting and Trade Supply was accepted and purchase authorized in the amount of $2,612.25, including tax and freight. MOTION CARRIED. RESOLUTION NO. 71R-344 - TRAFFIC SIGNAL MAIl,fiNANCE CONTRACT; feted Resolution No. 71R-344 for adoption. Refer to Resolution Book. Councilman Thom of- 71-460 City Hall, Anaheim, California- COUNCIL MINUTES- July 27, 1971, 1:30 P.M, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING THE LOWEST AND BEST OFFER TO FURNISH ALL LABOR AND EQUIPMENT FOR TRAFFIC SIGNAL MAIN- TENANCE IN THE CITY OF ANAHEIM BY THE E.D. JOHNSON & COMPANY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAID COMPANY. ($39,213.00 per year for 5 years. ) 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-344 duly passed and adopted. 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 submitted by Reverend James C. Dixon, for purported per- sonal injury damages sustained on or about April 14, 1971, as result of a fall at Claudina Street entrance of City Hall. b. Claim submitted by Dean Aschenbrenner, for purported personal property loss sustained on or about June 28, 1971, when park attendant at Boysen Park, operating a lawn mower, ran over claimant's glasses. c. Claim submitted by Chief Special Agent J. Monk, on behalf of Pacific Telephone & Telegraph, for purported personal property damages sus- tained on or about June 14, 1971, when City equipment severed their buried cable. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Pebley: a. Anaheim Parks and Recreation Commission - Minutes - June 17, 1971. b. Before the Public Utilities Cormuission - Application of Amer- ford International Gorporation, a corporation, for a certificate of public convenience and necessity as an air freight forwarder of general commodities between points in the State of California. c. Park and Recreation Con~nission of the City of Buena Park, Cali- fornia - Minute Action - Requesting prompt acquisition of the Los Coyotes Park Site. d. City of Buena Park - Resolution No. 4387 - Urging action by the Board of Supervisors of the County of Orange to abolish the Airport Land Use Commission for Orange County. ~DTION CARRIED. ORDINANCE NO. 2951: Councilman Stephenson offered Ordinance No. 2951 for adop- tion as an Urgency Ordinance: the amendment to Section 14.32.190 (77) was read in full by the Deputy City Clerk. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking At Any Time - State College Boulevard on the east side, from Almont Avenue to 560 feet north of Almont Avenue.) Roll Call Vote: AYES: COUNCIOMEN: NOES: COUNCILMEN: AB SENT: C Ob-NC ILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2951 duly passed and adopted. 71-461 City Hall, Anaheim, California - CO~ClL MINUTES - July 27, 1971, 1:30 P.M, ORDINANCE NO. 2952; Councilman Thom offered Ordinance No. 2952 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-1 - C-l) Roll Call Vote: AYES: COUNCILMEN: Roth,Pebley, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton The Mayor Pro Tem declared Ordinance No. 2952 duly passed and adopted. ORDINANCE NO. 2953: Councilman Pebley offered Ordinance No. 2953 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF 1"dE ANAHEIM~JNICIPAL CODE RELATING TO ZONING. (69-70-44 - C-O) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Ordinance No. 2953 duly passed and adopted. ORDINANCE NO. 2954: Councilman Roth offered Ordinance No. 2954 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLT 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING. (No Parking At Any Time - Winston Road, both sides, from West Street to its easterly terminus, ~pproximately 400 feet east of West Street.) VERMONT AVENUE AND OLIVE STRRRT RA?%~OAD CROSSING: Report of the City Engineer on the Vermont Avenue and Olive Street Railroad Crossing was submitted to the Council for their information. LEAGUE OF CALIFORNIA CITIES: Mr. Fmrdoch noted that action is scheduled to be taken on support of the Briggs or Cory Bill, re the Harbor District, and also on LAFCO City Representatives at their meeting to be held July 28, 1971. He advised that the Cory Bill would incorporate administration of beaches and parks with harbors, and also provide for an Advisory Body where there would be mandatory city representation; and the original Briggs Bill would place before the voters of the Harbor District the question of whether or not to abandon the Harbor District. He added, however, that he understood the Briggs Bill was amended to remove all reference to the Harbor District. Following Council discussion, Councilman Stephenson moved that the Anaheim City Council go on record as supporting the Cory Bill. Councilman Thom seconded the motion. MOTION CARRIED. Inasmuch as Mayor Dutton, the official representative, would not be able to attend the meeting, by general Council consent Councilman Thom was ap- pointed to represent the City Gouncil at this meeting on July 28, 1971. Regarding the issue of LAFCO Commission membership, Councilman Thom stated he understood there would be discussion on this issue but no action taken. He added that he did not wish to parttcipa~e in this discussion with- out a position.being taken ~y this Council. MOTION: Following Council discussion, Councilman Roth moved that if it is de- termined that another vote is necessary on the issue of LAFCOmembership, it be done in accordance with the existing By Laws and Procedures of the League of California Cities. Councilman Pebley seconded the motion. MOTION CARRIED. 71-462 City Hall, Anaheim, California - COUNCI~ ~NUTES - July 27, 1971, 1:30 P,M. DISCUSSION - BUDGET PRIORITIES: At the request of the City Manager, August 17, 1971, 10:00 A.M. was tentatively set to discuss 1971-72 Budget priorities. CHAMBER OF COMMERCE - TOURNAMENT OF ROSES ACCOUNT; The City Manager submitted a request from the Anaheim Chamber of Co~nerce that the unused portion in the City's last Chamber Promotional Account for 1970-71, in the amount of $2,160.19 be applied toward the Tournament of Roses loan from the City. He added that the Ch~,her of Con~nerce had forwarded with their request a check in the amount of $1,618.45 from their Tournament of Roses Account, as payment toward their loan. Mr. Murdoch advised that the City Attorney had determined such a transaction would be a legitimate expenditure in accordance with the promo- tional contract between the City of Anaheim and Chamber of Commerce, since the Tournament of Roses is a promotional activity. On motion by Councilman Roth, seconded by Councilman Thom, said re- quest was approved. MOTION CARRIED. RESOLUTION NO, 71R-345 - IDENTI-KITS: Councilman Stephenson offered Resolution No. 71R-345 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE IDENTI-KIT COMPANY, A MEMBER OF THE SMITH AND WESSON LAW ENFORCEMENT GROUP, A DIVISION OF BANGOR PUNTA OPERATIONS, INC., LESSOR. (For Use by Police Department) Roll Call Vote: AYES: COb-NC ILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Thom and Stephenson None Dutton The Mayor Pro Tem declared Resolution No. 71R-345 duly passed and adopted. HELICOPTER MAINTENANCE CONTRACT: Mr. l~rdoch advised that the Helicopter Mainten- ance Contract with Tallmantz Aviation, Inc. was due to be renewed. Following discussion, by general Council consent, the subject of the Helicopter Maintenance Contract was held over for approximately two weeks for further investigation and report. CITY PLANNING COMMISSION RECOMMENDATIONS: The City Attorney called attention to Finding No. 5 of the City Planning Comnission, in connection with Conditional Use Permit No. 658, wherein it was recommended the City Council consider pro- viding a four-way stop sign and a crossing guard at the intersection of Nohl Ranch and Nohl Canyon Roads, and advised that, in his opinion, this recommen- dation regarding safety matters is in excess of the Jurisdiction of the City Planning Co~nission, and thus the City Council could, if it so desired, sug- gest to the City Planning Commission that they exercise more care tn making reconvnendations to the Council. He added that the City Planning Con,mission is & very limited body, which makes reconm~ndations to the City Council in connectionwith planning and zoning matters, although the Council can request reco~nendations on other items. Replying to Councilman Thom's statement that the City Planning Com- mission consider traffic and safety along with zoning applications, Mr. Geis- ler advised the Planning Commission could recommend against a zoning because they felt it would create a traffic hazard, etc.; however, it was not their duty to recommend solutions to traffic problems. 71-463 City Hall, .Anaheim, California - COUp. IL MINUTES - July ~7., 1.971, 1;30 P,M, Following Council discussion, no action was taken by the Council. APPO~Iq~I~I~T - DEPDTy CI~ CLERK; City Clerk's appointment of Charline Priest as Deputy City Clerk, serving without pay, to act in the absence of the City Clerk and Deputy City Clerk Aloha M. Farrens, was ratified on motion by Coun- cilman Thom, seconded by Councilman Pebley. MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNqlLMAN THOM: Councilman Thomrequested that his permission to leave the State as of August 31, 1971, granted by the City Council on July 20, 1971, be changed to commence the date of July 31, 1971. On motion by Councilman Pebley, seconded by Councilman Stephenson, Councilman Thom was granted permission to leave the State for ninety days, commencing July 31, 1971. MOTION CARRIED. ADJOURlql~NT: Councilman Pebley moved to adjourn. Councilman Thom seconded the mo- tion. MOTION CARRIED. ADJOURNED: 6:10 P.M. Signed Deputy City Clerk