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1971/08/1071-482 City Hall, Anaheim, California - COUNCIL MINUTES - AuKust 10, 1971, 1:30 P.M, The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton COUNCILMEN: Thom CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: 3ames P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order and stated he would like to publicly thank those people who had offered kind expressions to him during the last two months when he was recovering from surgery. INVOCATION: Reverend Friend, of the Central Assembly of God, gave the Invo- cation. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Alle- giance to the Flag. MINUTES: Minutes of the Anaheim City Council regular meeting held July 20, 1971, were approved on motion by Councilman Pebley, seconded by Councilman Stephen- son. MOTION CARRIED. WAIVER OF READING - ORDINANCF~S AND RESOLUTIONS: Councilman Stephenson 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 $284,246.19, in accordance with the 1971-72 Budget, were approved. CONSENT TO ASSIGNMENT - ROYAL INNS OF AMERICA, INC.: Assistant City Attorney Alan Watts advised that at the time the lease agreement with Royal Inns of America was executed it was contemplated that when the business of the hotel operation commenced the lease agreement probably would be assigned to a part- nership. He added that Royal Inns now has completed the documents for fi- nancing this facility and thus requested that the City consent to assignment of the lease at this time, which document was executed by the Mayor and City Clerk on August 5, 1971. On motion by Councilman Pebley, seconded by Councilman Stephenson, consent to assignment by Royal Inns of America, Inc. of its rights and in- terests as lessee to Royal Inns of Anaheim, a proposed California Limited Partnership, was ratified by the City Council. MOTION CARRIED. Mayor Dutton introduced Mr. and Mrs. Earl Gagostan, of Royal Inns of America. Mr. Gagostan announced that about four floors of the hotel would be open for business either this date or tomorrow, at special construction rates~ and almost all of the facility would be open by the end of this week~ with the Seafood Grotto and the rest of the Hotel in operation by the end of this month. CONTINUED 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. Public hearing was held at the meeting of July 27, 1971, and con- tinued to this date to allow time for further study regarding parking. 71-483 City Hall, Anaheim, California- CO.U~CIL MINUTES- August 10, 1971, 1:30 P.M, Assistant Director of Development Services Ronald Thompson advised that pursuant to discussion on street light and tree fees at the 3uly 27, 1971 meeting, an extensive search of the files indicated that, although these fees had been paid on the Tangiers Motel property, they had not been paid for subject property nor the service station property on the corner. He added that the Staff had checked the building plans on subject property and had examined the area and found that the entire shopping center could be used in determining the number of parking spaces available; that thus, there now are 40 spaces provided, with 37 required under the original building permit, although one space is taken up as a trash bin. He further stated that after dedication of three feet for street widening purposes, which would result in the loss of two existing park- ing spaces adjacent to Ball Road, there still would be 37 spaces available, and by restriping would conform to Code. He noted that investigation revealed that a bumper block is miss- ing in the parking lot and that it needs restriping; also, that the brick construction surrounding the trash storage area should be reconstructed or repaired. It was his opinion there was ample room along either side of the property to restrtpe and meet code requirements. Mr. Thompson also stated that dedication of these three feet would not interfere with any of the existing signs nor require encroachment permits. Referring to the condition requiring shielding of the air conditioning units and buffering of sound, which the Applicant had questioned, Mr. Thompson sug- gested that if the Council desired to retain this condition it could be amen- ded to state that all future roof-mounted air-conditioning facilities would require shielding. Councilman Pebley noted that the Applicant's request was to sell bottled beer only, with no changes or additions to the property, and the sale of one bottle of beer to a minor would take that permit away; thus he ques- tioned whether it was necessary to impose all of the recommended conditions of improvement. Mr. Thompson advised that these conditions are recormnended as a normal course of event whenever a more intense use of a property is reques- ted and that property does not meet existing code requirements. Councilman Stephenson stated that, in his opinion, if the street light and tree fees have not been paid, regardless of whose error it was, they now should be required. Councilman Roth commented that he had understood the Applicant's main concern was the possibility that dedication of the three feet for street widening purposes could result in his parking facilities being inadequate, should application be made in the future for a permit to operate a restaurant or other facilities on the premises. Peter Warnoff, the Applicant, agreed this was his greatest concern and he advised that he would be willing to pay the street light and tree fees if these have not been paid. He added that he did not wish to give up three feet for street widening at this time; however, if the City did actually widen the street he woul4 dedicate at that time. Mayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. In reply to Councilman Roth, Mr. Geisler advised that the required dedication could be a conditional dedication, which would take effect at such time as Ball Road is widened; however, dedication should be made and recorded at this time. RESOLUTION NO. 71R-355: Following Council discussion, Councilman Roth of- feted Resolution No. 71R-355 for adoption, granting Conditional Use Permit No. 1243, subject to the following conditions recommended by the City Plan- ning Commission, as amended: 71-484 City Hall, Anaheim, California - COUNCIL MINUTES - August 10, 1971, 1:30 P.M. 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53-feet in width from the centerltne of the street along Ball Road, for street-widening purposes; dedication to take effect at such time as the City determines that Ball Road should be widened. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Ball Road, for street lighting purposes. 3. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Ball Road, for tree planting pur- poses. 4. That all future 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 the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Ana- heim. 6. 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 and 2, provided however, that the parking area shall be landscaped in accordance with the site development standards of the C-1 Zone, at the time Ball Road is widened, and further provided that all signing shall conform to the Sign Ordinance. 7. That Condition Nos. 1, 2, 3 and 5, 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 the date hereof, whichever occurs first, or such further time as the City Council may grant. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1243. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None Thom The Mayor declared Resolution No. 71R-355 duly passed and adopted. CONTINUED PUBLIC HEARING - RECI~kSSIFICATION NO. 70-71-61 AND VARIANCE NO. 2271: Submitted by Jennie L. Dinkler, requesting a change of zone from R-A (0) to R-3, to establish a 96-unit apartment complex on 1 lot, and a 97-unit apart- ment complex on the second lot located on the south side of Frontera Street, West of Armando Street, with waivers of: a. Maximum building height within 150 feet of R-A zoned property. b. Minimum distance between buildings. c. Maximum distance from a garage to a unit (withdrawn) The City Planning Commission, pursuant to Resolution No. PCT1-130, reco~nended said reclassification be approved, subject to the following con- ditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 71 feet in width from the north curb line along Fron- tera Street, and a strip of land 64 feet in width (32 feet from each side of the centerline) along the established alignment of Jackson Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Frontera Street and Jackson 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 appurtentant 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 En- gineer; that street lighting facilities along Frontera Street and Jackson Avenue shall be installed as required by the Director of Public Utilities 71-485 City Hall, Anaheim, California - COUNCIL MI~TES - August 10, 1971, 1:30 P,M. and in accordance with standard plans and specifications 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 guaran- tee the installation of the above-mentioned requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Frontera Street and Jackson Ave- nue 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 deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be constructed along the west property line. 7. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 9. That the owners 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. 10. That drainage of subject property shall be disposed of in a man- ner that is satisfactory to the City Engineer. This may include obtaining a drainage easement over the property to the west of subject property to take the drainage to Park Vista Street. ** - SEE NOTE AT BOTTOM OF THIS PAGE The City Planning Commission, pursuant to Resolution No. PC71-131, granted said variance in part, granting Waiver A, and granting Waiver B with regard to the minimum distance between the apartment units and the adjacent carports, subject to the following conditions; request for Waiver of minimum distance between apartment buildings and Waiver C having been withdrawn by the Petitioner: 1. That this variance is granted subject to the commletion of Re- classification No. 70-71-61. 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, 3, 4, 5, and 6. 3. That Condition No. 2, above mentioned, shall be complied with prior to final building and zoning inspections. Councilman Roth announced that he would abstain on a~y of the actions regarding subject reclassification and variance. Public hearing was scheduled for August 3, 1971, and continued to this date to allow for the presence of the necessary three voting Councilmen. Assistant Director of Development Services Ronald Thompson noted the location of subject property, existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Com- mission. Mayor Dutton asked if the Applicant or his Agent was present and was satisfied with the recommendations of the City Planning Commission, to which he received an affirmative reply. Mayor Dutton asked if anyone wished to address the Council in oppo- sition; there being no response, declared the hearing closed. .RESOLUTION NO. 71R-356: Councilman Pebley offered Resolution No. 71R-356 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~JNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71- 61 - R-3) ** CORRECTED BY ADDING CONDITIONS NOS. 11, 12 and 13, LISTED ON PAGES 71-546 AND 71-547, MEETING OF SEPTEMBER 7, 1971. 71-486 City Hall, Anaheim, California - COUNCIL MINUTES - August 10, 1971. 1:70 P,M, Roll Call Vote: AYES: NOES: ABSTAINED: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Stephenson, Pebley and Dutton None Roth Thom The Mayor declared Resolution No. 71R-356 duly passed and adopted. RESOLUTION NO, 71R-357: Councilman Pebley offered Resolution No. 71R-357 for adoption, granting Variance No. 2271, subject to the conditions recom- mended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2271. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley and Dutton NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: Roth ABSENT: COUNCILMEN: Thom The Mayor declared Resolution No. 71R-357 duly passed and adopted. PUBLIC HEARING - AMENDMENT TO CONDITIONAL USE PERMIT NO. 11.57: Submitted by Wil- liam F. Moody, Jr., Agent for Dr. Irving Moskowitz, to establish a 99-bed, one-story general hospital (in conjunction with a 240-bed convalescent hos- pital) on C-1 and P-L zoned property located on the west side of Anaheim Boulevard, and on the east side of Lemon Street, north of Ball Road; and further described as 1025 South Anaheim Boulevard. The City Planning Cormnission, at their meeting held July 26, 1971, by Motion, approved revised plans marked Exhibit Nos. 1, 2, 3, 4, and 5. Assistant Director of Development Services Ronald Thompson noted the location of subject property and advised that the City Planning Co~nis- sion, in recommending approval, felt there was no change indicated in the basic land use and the revised plans appeared to be a better layout than originally submitted; that the Applicant had been advised he would need to have a p~d~lic hearing on the revisions since the Council had approved plans on June 15, 1971, on the basis that any additional floor space projec- ted in the basement would not exceed that contained in the original plans by more than 10%. Mayor Dutton asked if the Applicant or his Agent was present and satisfied with the reco~m~endations of the City Planning Commission, to which William F. Moody, Jr., Agent, replied affirmatively. Mayor Dutton asked if anyone wished to address the Council in op- position; there being no response, declared the hearing closed. RESOLUTION; Councilman Stephenson offered a Resolution amending Resolution No. 71R-79, granting Condi~ional Use Permit No. 1157, which Resolutiom was unanimously approved by those Council members present. William F. Moody, Jr., Agent for the Applicant, stated that he was satisfied with the reco~nendations of the City Plannin8 Cos~lssion on those revised plans the Council was considering; however, he would like to submit some additional revisions at this time to include a second-story penthouse, behind the lobby. The City Attorney advised that since this public hearing was to consider revised plans, it would be permissible to also consider these ad- ditional revised plans at this time. 71-487 City Hall, Anaheim, California - COUNCIL MINUTES - August 10, 1971, 1:30 P.M. On motion by Councilman Roth, seconded by Councilman Pebley, the pub- lic hearing was reopened. MOTION CARRIED. Councilman Stephenson rescinded his offer of Resolution of approval on the basis of rehearing. Previous votes were also retracted and issue again considered anew. Mmyor Dutton invited Mr. Moody to make his presentation to the Council. Mr. Moody advised that plans for a penthouse had been submitted at one time; however, upon recommendation of the City Planning Commission and City Attorney's office they were withdrawn since they exceeded the original plans by more than 10%. He contended that subsequent to that time he had learned the plans approved by the City Council were the original ones sub- mitted by Dr. Moskowitz, rather than the ones prepared for Dr. Nilsson's pro- posed operation, as they had presumed (under Conditional Use Permit No. 1249), and everything his architectural-engineering firm had done thus far would ac- commodate what Dr. Nilsson proposed to do. He stated the plans, including the penthouse, had been presented to the Building Department and inspected by the City Planning Commission, and had been revised according to recommen- dations. Mr. Moody described the proposed penthouse by stating it would con- tain a small room, similar to an auditorium, that would accommodate 30 or 40 doctors, to be used in conjunction with training for special surgical proce- dures. He also stated that the surgery rooms are being equipped with color television and there would be a coaxial cable from the surgical rooms to the in-service training room, with the television image being magnified so that doctors in the training room could see the full surgical procedure; video tapes of the procedures would be made to build up a library of such surgeries. In addition, he stated, there would be a conference room, apartment and class- room for the doctors in training, to accommodate a near-educational program. Mr. Geisler advised that the City Planning Commission had made a recommendation on the revised plans merely as an accommodation to the City Council, since it was not necessary that they review them; thus, if the City Council at this time wished to review the additional penthouse plans without having Planning Commission recon~nendations, it was their prerogative, since the additional revision did not constitute a change in use, and thus would not require an amendment to the conditional use permit. The City Clerk advised it was her understanding that this public hear- ing was for the sole purpose of considering what Mr. Moody now presents as an additional revision. Mr. Moody stated they had felt it was necessary to present the re- vised plans in two stages, because the original revised plans under considera- tion today, had to meet the philosophy of the hospital as presented on March 3, 1971, whereas the penthouse was not required for the actual operation of the hospital but would make it amore desirable operation. He also stated that this proposed penthouse would result in an increase of from 8,000 to 10,000-square feet to the building; however, since the lobby presently is proposed to be two stories high, adding the penthouse directly behind the lobby would not increase the height of the structure. Councilman Stephenson stated he felt the proposed penthouse would add to the services of the hospital and be in the best interest of the hospi- tal and the citizens of Anaheim without detrimentally affecting the appearance of the structure. Mr. Moody suggested it would be better to have two separate actions on the revisions presented this date since the original revised plan has been approved by the Bureau of Hospitals, under the D~ffy Act, and the penthouse plans have not. Following discussion with the City M~nager and City Attorney, it was determined that both revisions could be considered in one action; however, if approved, a condition should be imposed that the penthouse plans are subject to Development Services Department plan check approval against Anaheim M~nicipal Code provisions. 71-488 .City Hall, Anaheim, California - COUNCIL MINUTES - August 10~ 1971~ 1:30 P.M Mr. Moody presented the additional revised plans, circling the penthouse portion, which plans were marked Revision No. 2 by the City Clerk. Mayor Dutton asked if anyone else wished to address the City Coun- cil; there being no response, declared the hearing closed. RESOLUTION NO. 71R-358' Councilman Stephenson offered Resolution No. 71R- 358 for adoption, amending Condition No. 2 of Resolution No. 71R-79 by ap- proving plans marked Revision No. 1, Exhibit Nos. 1, 2, 3, 4, and 5, and Revision No. 2, subject to the following condition: 1. That Revision No. 2 (penthouse) shall be reviewed by the Development Services Department and all pertinent provisions of Site Development Standards and the Anaheim Municipal Code are to be complied with. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 71R-79 GRANTING CONDITIONAL USE PERMIT N0.1157, BY APPROVING REVISED PLANS IN CONNECTION THEREWITH. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None Thom The Mayor declared Resolution No. 71R-358 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1249 - TERMINATION: The City Planning Commission, at their meeting held July 26, 1971, by Motion, terminated Conditional Use Per- mit No. 1249, on the basis that the petition was not necessary and plans could be considered as revised plans under the original petition, namely Conditional Use Permit No. 1157. On motion by Councilman Roth, seconded by Councilman Pebley, the City Council concurred with action taken by the City Planning Commission in terminating all proceedings on Conditional Use Permit No. 1249. (Plans now on file under Conditional Use Permit No. 1157, marked Revision No. 1, Exhibit Nos. 1, 2, 3, 4, and 5.) MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Raphael Menchaca, for dinner dancing place permit to allow dancing daily from 9:00 P.M., to 1:30 A.M., at Raphael's Restaurant, 1154 North Euclid Street, was submitted and gran- ted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, se- conded by Councilman Pebley. MOTION CARRIED. PRIVATE PATROL PERMIT - BONAFIDE SECURITY SERVICE: Application for private patrol permit filed by William C. Bertsche, Bonafide Security Service, 17321 Casa Hermosa Drive, Yorba Ltnda, California, for guard and patrol service in the City of Anaheim was submitted and granted, subject to provisions of Chapter 4.60 of the Anaheim M~nicipal Code, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Roth. MOTION CARRIED. WAIVER OF FILING FEE: Request of Robert S. Harp, (on Blind Welfare Aid) for wai- ver o£ variance fees to establish a fix-it shop in residence at 1825 Tyrol Place, was submitted together with report of the Development Services Depart- ment and report of the City Attorney's office, advising that there is no spe- cific provision in the Anaheim Mnnicipal Code that authorizes a waiver of fee in cases of this type and recon~ending that the matter be handled by the City Council. Following Council discussion, Councilman Stephenson moved that said request be denied, on advice of the City Attorney. Councilman Pebley secon- ded the motion. MOTION CARRIED. 71-489 ~it¥ Hall, Anaheim, California - COUNCIL MINUTES - August 10, 1971, 1:30 P.M. RECLASSIFICATION NO. 70-71-7 AND VARIANCE NO, 2195 - EXTENSION OF TIME: Request of Jack S. Davis, President, Investors Development Corporation, dated July 14, 1971, was submitted for a 180-day extension of time to Variance No. 2195, together with report of the Development Services Department recommending an extension of time of six months be granted.to Reclassification No. 70-71-7 and Variance No. 2195, to expire December 29, 1971. On motion by Councilman Pebley, seconded by Councilman Stephenson, a 180-day extension of time for Reclassification No. 70-71-7 and Variance No. 2195 was granted as requested, to expire December 29, 1971. MOTION CARRIED. RECLASSIFICATION NO. 69-70-1 AND VARIANCE NO. 2100 - EXTENSION OF TIME: Request of Juantta Hagopian, dated July 26, 1971 was submitted for a one-year exten- sion of time to Reclassification No. 69-70-1 and Variance No. 2100, together with report of the City Engineer and report and recommendation of the Develop- ment Services Department, recommending six-month extension of time be granted. Following Council discussion, Councilman Pebley moved that a one- year extension of time be granted to Reclassification No. 69-70-1 and Variance No. 2'100, to expire August 19, 1972. Councilman Stephenson seconded the mo- tion. MOTION CARRIED. RECLASSIFICATION NO. 56-57-14 - ABANDONmeNT OF D~mn RESTRICTIONS: Request of James M. Russell, Vice-President, Dunn Properties Corporation, dated July 28, 1971, for removal of M-1 deed restrictions on property covered by Reclassification No. 56-57-14 was submitted. The City Clerk advised that abandonment of restrictions have been executed by the principals and approved by the City Attorney's office. Onmotion by Councilman Roth, seconded by Councilman Stephenson, re- moval of M-1 deed restrictions for Reclassification No. 56-57-14 was granted as requested. MOTION CARRIED. RESOLUTION NO. 71R-359 - WORK ORDER NO. 588-A- Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 71R- 359 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMr PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: MODIFYING, FURNISHING AND INSTALLING TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND GILBERT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 588-A. (Smith Electric Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None Thom The Mayor declared Resolution No. 71R-359 duly passed and adopted. RESOLUTION NO. 71R-360 - DEEDS OF EASEMENT: Councilman Stephemson offered Resolu- tion No. 71R-360 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS A~D ORDERING THEIR RECORDATION. (Jerry and Nancy King, William J. and Elva Vetter; State-Wide Investors, Inc., and Hunt Enterprises, Inc.; Tanco Development Corporation, formerly Modular Technology, Inc.; Gilbert L. and Marthalie A. Stephenson; Anahefum Union High School District; Shapell Indus- tries, Inc.; Arthur J. Goldberg, Joel Goldberg, Rudy Trejo and John F. Dunne; Robert L. Citron, Tax Collector, County of Orange'.) 71-490 City Hall. Anaheim, Californi~ - COUNCIL MINUTES - August 10. 1971, 1:30 P,M. Roll Call Vote: AYE S: COb-NC ILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None Thom The Mayor declared Resolution No. 71R-360 duly passed and adopted. RESOLUTION NO. 71R-361 - SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT DEED: Council- man Roth offered Resolution No. 71R-361 for adoption, authorizing execution of a letter agreement and accepting road easement across Southern California Edison Company's transmission line at Cerritos Avenue, east of State College Boulevard. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A ROAD EASEMENT AND AUTHORIZING EXECUTION THEREOF BY THE MAYOR AND CITY CLERK (CERRITOS AVENUE CROSSING OF EDISON EASEMENT.) Roll Call Vote: AYES: COUNCILMW. N: NOES: C OUNC I L M~ N: ABSENT: COUNCIL~N: Roth, Stephenson, Pebley and Dutton None Thom The Mayor declared Resolution No. 71R-361 duly passed and adopted. CANCELLATION OF COUNTY TAx~S - SAGE PARK: On motion by Councilman Pebley, seconded by Councilman Roth, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for municipal purposes, (Sage Park property), pursuant to Resolution No. 71R-310, formerly assessed to The McMichael Company, Inc., Deed recorded July 21, 1971, as Docu- ment No. 18071, in Book 9728, at Page 476, Official Records of Orange County, California. MOTION CARRIED. PURCHASE OF EQUIPMENT - SHIRTS AND CAPS: The City Manager reported that subse- quent to the purchase from Wisser Sporting Goods of shirts and caps for this summer's recreation program, the price of these items has risen 5%, and an additional 5% increase by the spring of 1972 is anticipated; Wis- ser Sporting Goods has offered the City of Anaheim next year's purchase of these items at the same price as those purchased this year, (total $6,923.26), if an order is placed at this time. In reply to Council questioning, Mr. Mmrdoch advised that most of this expenditure is returned to the City since these caps and shirts are sold to those participating in the activities for which they are used. Following Council discussion, it was determined such a purchase at this time offered no specific advantage and no Council action was taken. CLAIMS AGAINST THE CITY: On motion by Councilman Stephenson, seconded by Council- man Pebley, the following claims were denied, as recommended by the City At- torney, and ordered referred to the insurance carrier: a. Claim filed by Frederick R. Bruno, State Farm Insurance, on be- half of Gary Davis, for purported personal property damages caused by an Ana- heim Police unit running into his apartment, on or about June 17, 1971. b. Claim filed by Mr. and Mrs. Gary Davis, for purported personal property and personal injury damages caused by an Anaheim Police unit running into their apartment, on or about June 17, 1971. c. Claim submitted by Robert Steven Ford, % T. Ketth Pocock, At- torney, for purported personal injury and damage sustained as result of ar- rest and imprisonment, on or about May 25, 1971. MOTION CARRIED. 71-491 City Hall, Anaheim, California - COUNCIL MINUTES - August 10, 1971. 1:30 P.M. CORRESPONDENCE~ The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Pebley: a. Con~nunity Center Authority - Minutes - July 19, 1971. b. City of Buena Park - Resolution No. 4388 - Urging prompt ac- quisition of the Los Coyotes Park Site as proposed by the Master Plan of Re- gional Parks for Orange County. c. Orange County Masquito Abatement District - Mosquito Control Status Report Plans for Emergency Action re Venezuelan Equine Encephalomye- litis. MOTION CARRIED. RECESS - EXECUTIVE SESSION: At the request of the City Attorney, Councilman Peb- ley moved to recess to Executive Session for the purpose of discussing liti- gation. Councilman Stephenson seconded the motion. MOTION CARRIED. (2:40 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being pre- sent, with the exception of Councilman Thom. (4:05 P.M.). LITIGATION - FEDERAL POWER COMMISSION- APPEAL: The City Attorney submitted cor- respondence from George Spiegel, Attorney representing the cities of Anaheim, Riverside and Banning, regarding the July 28, 1971 overruling of the cities' motion to have the filing of Southern California Edison Company rate increase set aside, and requesting permission to file appeal. On motion by Councilman Pebley, seconded by Councilman Stephenson, appeal action was authorized as recommended. MOTION CARRIED. LITIGATION - FEDERAL POWER COMMISSION - R,W, BECK & ASSOCIATES' On recon~nendation of the City Manager, authorization was granted to amend to not to exceed $50,000.00 the total amount to be paid to R.W. Beck & Associates, for con- sulting fees in connection with litigation regarding the Southern California Edison Company rate increase request before the Federal Power Commission, on motion by Councilman Pebley, seconded by Councilman Roth. MOTION CARRIED. LITIGATION - LAFC: On motion by Councilman Dutton, seconded by Councilman Roth, the City Attorney's office was authorized to represent the City of Anaheim or the Mayor(as a member of the Orange County~Local Agency Formation Co~nis- sion Selection Committee) in joining with the City of Fountain Valley in liti- gation to assure LAFC is kept as non-political as possible, and to keep on its membership those deemed best qualified. MOTION CARRIED. ORDINANCE NO. 2955: Councilman Dutton offered Ordinance No. 2955 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM, AMENDING ORDINANCE NO. 2949 Nb-NC PRO TUNC. (69-70-8 - Tract No. 6978) Roll Call Vote: AYE S: COb-NC ILMEN: NOES: COUNC IL~N: ABSElqT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton None ~"nom The Mayor declared Ordinance No. 2955 duly passed and adopted. ORDINANCE NO. 2956: Councilman Roth offered Ordinance No. 2956 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 2930, NUNC PRO TUNC, RELATING TO SUBDIVISIONS. (Title 17, Chapters 17.06 and 17.08) RESOLUTION NO. 71R-362 - COUNTY PERMIT - CRILL BASIN: Councilman Stephenson of- fered Resolution No. 71R-362 for adoption. Refer to Resolution Book. 71-492 City Hall, Anaheim, California - cOUnCIL MINUTES - August 10, 1771, 1:30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING EXTENSION OF TRE PERMIT OF THE CITY OF ANAREIM TO OPERATE THE CRILL BASIN. (Orange County Water District - Anaheim Lake) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Pebley, Stephenson and Dutton None Thom The Mayor declared Resolution No. 71R-362 duly passed and adopted. RESOLUTIO~ NO. 71R-363 - RUSSELL CI.KARy AC:RFEMENT - CRILL BASIN (ANANEIM LAKE): Councilman Stephenson offered Resolution No. 71R-363 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT EXTENDING THE TERM OF THAT CERTAIN AGREEMENT ENTERED INTO ON THE 15TH DAY OF AUGUST, 1968, WITH RUSSELL S. CLEARY FOR THE OPERATION OF A PUT AND TAKE FISHING OPERATION IN THE CRILL BASIN, TO AUGUST 14, 1974. Roll Call Vote: AYES: COUNCIL~N: NOES: COUNCILMEN: AB SENT: COUNCILME~: Roth, Pebley, Stephenson and Dutton None Thom The Mayor declared Resolution No. 71R-363 duly passed and adopted. ADJOURNMENT: Councilman Pebley moved to adjourn to August 17, 1971, 10:00 A.M., and also moved waiver of further notice of said adjournment. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:10 P.M. Signed ~ .~.~ City Clerk