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1973/02/27.Anaheim, California- COUNCIL MINUTES- February 22~ 1973~ 1:30 P.M. Secondly, on the vote of confidence, I cannot say that I d~strust or would call either of these gentlemen liars, I certainly will not do it, it is the nagging do,bt in my mind as the c~t~zens indicated to me that must be reflected here again, and until such time as this body would put this matter in the hands that I feel it should be in to prove it to the c~tizens, and where we have no part of it, I will again have to not go along with that vote. MAYOR DUTTON: There has been a motion and a second, it be the finding of this City Council that the allegations that were expressed here today to be found to have no foundation in fact, and that Mr. Murdoch and Mr. Piersall be completely absolved of all the allegations~ all in favor: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton Thom None MOTION CARRIED. And then we had a second mot~ion and a second to that, that a vote of confidence be extended to Mr. Murdoch and Mr. Piersall, all in favor: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton Thom None MOTION CARRIED. ADJOURNMENT: Councilman Stephenson moved to adjourn, Councilman Dutton seconded the motion. MOTION CARRIED. Adjourned: 4:25 P.M. City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973, 1:30 PoMo The City Council of the City of Anaheim met in regular session. PRE SE N T: ABSENT: PRE SENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLERK: Alona Mo Farrens CITY ENGINEER: James P. Maddox PERSONNEL DIRECTOR: Garry McRae ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PLANNING SUPERVISOR: Don McDaniel TRAFFIC ENGINEER: Edward Granzow Mayor Dutton called the meeting to order. INVOCATION: Reverend John J. Fast of the Free Methodist Church gave the Invocation. FLAG gALUT~: Councilman Mart A. §tephenson led the assembly in the Pledge of Allegiance to the Flag. Mayor Dutton acknowledged the presence of Mr. Melbourne A. Gauer, 39-year member of the City Planning Commission, and made reference to an article in the current issue of the Anaheim Newsletter relating to his experiences during this period. 73-176 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson None Dutton None The Mayor Pro Tem declared Resolution No. 73R-71 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2469: Application by Title, Insurance and Trust Com- pany, requesting the following waivers to permit the ourdoor fabrication and assembly of signs on M-1 zoned property located on the south side of Vermont Avenue, west of East Street, was submitted: a. Permitted outdoor uses. b. Required enclosure of permitted outdoor uses. c. Minimum number of required parking spaces. Councilman Pebley requested that the record show that he did not participate, nor vote on this issue, and left the Council Chambers (2:05 p.m.) The Deputy City Clerk submitted communications from PBR Company, Applicant, and from Parks Properties, Inc., supporting and recommending that the curb at 1020 and 1040 East Vermont Avenue be painted green and parking restricted for customer and transient use only. The City Planning Commission, pursuant to Resolution No. PC73-20, denied said variance. Appeal from action taken by the City Planning Commission was filed by Howard J. Pendleton, Secretary-Treasurer, PBR Company, and public hearing scheduled this date. Mr. Roberts advised that at the time the City Planning Commission considered the variance, neither an environmental impact report nor an Exemption Declaration Status request had been filed, however, at their meeting of February 21, 1973, the Commission determined the proposal would have a significant environmental impact and recommended an environmental impact report be required. The City Attorney advised that submission of an E.I.R. prior to the public hearing would not be necessary since the moratorium on filing of environ- mental impact reports is still in effect, and stated that the Council could pro- ceed with the hearing and then make a determination as to whether or not they wished to have an environmental impact report submitted or grant an Exemption Status. Further, he noted that the environmental impact report requirement would not apply if the applicant complies within the remaining moratorium period with all the conditions which may be imposed if his variance is approved. The Council reviewed the plans submitted and the findings of the City Planning Commission. The Mayor Pro Tem asked if the Applicant or his Agent was present and wished to address the Council. Mr. Howard Pendleton, 101 West Riverdale Road, Orange, Secretary- Treasurer of PBR Company, referred to the written information he had previously submitted for Council review. He advised that the PBR Company, as of this date, employs 110 persons on two shifts; that there are two landlords, neither of which to his knowledge, have indicated any parking problems as a result of the PBR Company, and as General Manager of this company for seven years, he could recall no complaints relative to parking during that time. To comply with the ordinance would require 196 parking spaces for employees, which would mean giving up approximately 47 percent of outside land area. He noted that last year they received a contract to perform the Exxon sign change-over for the Pacific Coast, and at that time, they voluntarily added 38,000 square feet of parking and storage area. That currently there are 38 striped parking spaces in their com- pany area. 7~- 175 City ttall~ Anaheim, California - COUNCIL MINUTES - February 27, 1973~ 1:30 P.M. 4. The a six-foot masonry wall shall be constructed along the north- west, southwest and southeast property lines. 5o That all air conditioning facilities shall be properly shielded from view and the sound buffered from adjacent properties. 6. That subject property shall be served by underground utilities. 7. 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 Anaheim. 8. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be pro- tected with six-inch high concrete curbs, and concrete wheel stops shall be provided for parking spaces. 9. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 10. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. 11. That Condition Nos. 1 and 2, 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 one year from the date hereof, whichever occurs first, or such further time as the Planning Commission (or City Council) may grant. 12. That Condition Nos. 3, 4, 5, 6, 7, 8, 9, and 10, above mentioned, shall be complied with prior to final building and zoning inspections. Mr. Roberts outlined the location of subject property, the existing uses and zoning in the immediate area, and briefed the findings of the City Planning Commission, noting the proposed M-1 zoning is not in conformance with the General Plan, however, is consistent with the adjoining land uses and zoning. Mayor Pro Tem Stephenson asked if the applicant was present and satis- fied with the recommendations of the City Planning Commission° Mr. William T. Samways, applicant, answered in the affirmative. The Mayor Pro Tem asked if anyone in favor or opposed to subject application wished to address the Council, and there being no response, he declared the hearing closed. RESOLUTION NO. 73R-70: Councilman Pebley offered Resolution No. 73R-70 for adoption, authorizing preparation of the necessary ordinance changing the zone as requested and as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (72-73-31 - M-l) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson NOES: COUNCILbfEN: None TEMPORARILY ABSENT: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None The Mayor Pro Tem declared Resolution No. 73R-70 duly passed and adopted. RESOLUTION NO. 73R-71: Councilman Pebley offered Resolution No. 73R-71 for adoption, granting Variance No. 2474, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2474. ~_i!I.Z..!!.j!.J~.._:',~,at~t'im~ Calilo'rnia - ¢7OIINCIL MI_NUTI~S - Febr,..,rZ,,27~_,Jg/_3,~ 1:30 blayor Dut. ton conm~ended the press and particularly the Anaheim Bulletin for their' factual reporti~g ot tht. adjourned regular met. t£,~g held february 22, 1973, ~','latiw~ to the Murdoch-Piersall Grand Jury Investigation. ['l:tvoi' Dut ton left the meeting at 1:40 p.m., and Mayor Pro '['em Stephenson ass:,nned t l~c chairmanship of the moetil~g. PROCIAbL~TIONS: The following proclamations were issued by the Mayor and unani- mously approved by t'he City Council: "Conm~unity College Week" - February 25 - March 3~ 1973 "Red Cross Month" - March 1973 "We TIP Week" - Week of March 5, 1973 The Red Cross Month Proclamation was accepted by Mr. Melbourne Gauer and Mrs. Eileen Anthony and Mr. Gauer spoke in support of the American Red Cross and their Blood Bank Program and urged all citizens to join in support of this fine organization. The proclamation for "We TIP (we turn in pushers) Week" was accepted by Mrs. Linda Bradford on behalf of the JuniorEbell Club. MINUTES: Minutes of the Anaheim City Council Regular Meeting held January 30, 1973, were approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $962,938.14, in accordance with the 1972-73 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-31 and VARIANCE NO. 2474.: Application by William T. Samways, requesting a change in zone from R-A to M-1 on Portion A and the following waivers to expand an existing non-conforming warehouse on Portions A and B, property located on the west side of Manchester Avenue, south of Katella Avenue, was submitted, together with application for Exemption Declara- tion Status. a. Continued use of a non-conforming building in an "M" zone with expansion. b. Minimum setback from secondary arterial highway. c. Side and rear setbacks from residential zone. ENVIRONmeNTAL DECLARATION STATUS: The City Plannzng Commission, pursuant to Resolution No. PC73-22 and PC73-23, recommended that Exemption Declaration Status be granted. On Motion by Councilman Thom, seconded by Councilman Pebley, the Council received said application and determined the impact of the project would be trivial in nature, thereby requiring no environmental impact report or statement by the Council. MOTION CARRIED. The City Planning Commission, pursuant to Resolution No. PC73-22, recommended approval of Reclassification No. 72-73-31, unconditionally, and pursuant to Resolution No. PC73-23, granted Variance Noo 2474, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 72-73-31, now pending. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Manchester Avenue for street lighting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 73-177 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27, 1973, 1:30 P.M. Regarding the fencing waiver requested, Mr. Pendleton commented that in 1965, Conditional Use Permit No. 742 was requested and granted permit- ting their present use, and requiring a six-foot masonry wall along Vermont Avenue, with landscaping and a 20-foot setback. That no additional fencing was required, however, in 1970, they voluntarily erected a chain-link fence around the entire perimeter for security purposes. He noted this business operation has been in the City of Anaheim since 1959, and their outdoor use basically has remained unchanged since that time. Mr. Pendleton referred to the Planning Commission resolution of denial which indicated they had failed to prove hardship. He stated that the denial of this variance will create for his company a very real hardship in that absolute compliance with the Code would require that they relinquish about one-half of their outdoor space, and this will necessitate changes in production methods which will tremendously increase the overhead, and thereby make them less competitive. Regarding finding number 5, as listed on this same resolution, he advised that they are at present negotiating with one of the oil companies for such storage fees, but to date they have received no fees for sign storage as stated. He advised that in the past, sign storage has not been necessary for long periods of time, however, because of fluctua- tions in the oil industry, several companies have over ordered signs and these are presently in storage on the PBR premises. It is for this reason they are attempting to arrange a storage fee for keeping of these signs until delivery can be accepted by the oil companies involved. Mr. Pendleton advised that PBR Company has removed the signs standing above the fence on Vermont Avenue, and the maximum protrusion over this fence is now one foot. Additionally, they have taken steps to provide interior, off-street parking for a minimum of 30 cars north of Lacy Avenue in the cul-de- sac. This will bring their total number of parking spaces up to 68, however he noted that the additional on-street parking available is generally used by employees of the PBR Company, as well as neighboring industries. In conclusion, he stated that the proposal offered by his company will provide a solution, and that they do not feel they should be required to provide 196 parking spaces since they do not employ that many people. Councilman Stephenson asked how the parking situation in subject area is being handled at present. Mr. Pendleton replied that their firm has off-street parking at the corner of Vermont and East, that some curb-side parking is available, and there is parking at the dead-end of Arlee Place. In addition, his firm is renting from Kilroy Industries a 38,000-square foot section of the former Philco-Ford parking area, which they are presently using for truck parking and temporary storage, and if their business warranted, they would be able to obtain this area on a long-term lease. Councilman Thom inquired as to how many employees would usually be working on the day and evening shifts. Mr. Pendleton answered that approximately 65 to 70 employees would be day-time employees, and that there is no parking problem for the evening shift. He further noted that there is a time lag between the two shifts with separate arrival and departure times for their employees. In answer to Councilman Sneegas, Mr. Pendleton stated that should addition to their staff become necessary, this would most likely be made to the evening shift as this has proven more productive. Mayor Pro Tem Stephenson asked if anyone else in favor or opposition wished to address the Council; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT: Councilman Thom moved the impact of this project be considered trivial and that no environmental impact report or statement be required. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 73R-72: Councilman Sneegas was of the opinion that the parking situation in subject area is no worse than that which exists in similar 73-[78 ~.ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M. industrial areas and thereupon offered Resolution No. 73R-72 for adoption, granting Variance No. 2469 as requested, subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Vermont Avenue for street lighting purposes within sixty days from date of approval by the City Council. 2. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2, provided, however, that a minimum of 68 on-site parking spaces shall be provided, as stipulated by the Applicant. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2469. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: COUNCILMEN: Sneegas, Thom and Stephenson None Pebley and Dutton None The Mayor Pro Tem declared Resolution No. 73R-72 duly passed and adopted. Councilman Pebley returned to the Council Chambers (2:20 p.m.). REHEARING - CONDITIONAL USE PERMIT NO. 1358: Zoning Supervisor Charles Roberts advised that the Applicant, Mr. Shellenberg, Area Manager of The Bubble Machine, had notified him just prior to this meeting that the major opponent, Mr. Cameron, who operates the Flamingo Motel immediately south of the proposed car wash, has indicated willingness to negotiate differences concerning the application under Conditional Use Permit No. 1358. For this purpose, Mr. Shellenberg has. verbally requested that the rehearing scheduled this date be continued for three weeks. On motion by Councilman Sneegas, seconded by Councilman Pebley, the rehearing on Conditional Use Permit No. 1358 was continued to March 20, 1973, as requested by the Applicant. MOTION CARRIED. REQUEST - OPPORTUNITIES INDUSTRIALIZATION CENTER OF ORANGE COUNTY: Request of Clyde M. Haugan, Plant Manager, Delco-Remy Division, General Motors Corporation, for use of the Convention Center at a reduced rate for the Opportunities Indus- trialization Center of Orange County basketball game April 5, 1973, and further a reduced rate for use of one of the Convention Center rooms and the beverages to be served at a reception following said game, was submitted for consideration by the City Council, together with recommendation from the Stadium-Convention Center Director Thomas Liegler, that said request be denied. City Attorney Joseph Geisler advised that the fee structure at the Convention Center is set to recover the City's costs only, and that to grant this request would be, in his opinion, a contribution of public funds. He further stated that the City has no legal justification to make such a contri- bution to this or any other charitable organization. Mr. Bud Pachuta, 629 South Grove Avenue, explained that the 0. I. C. has been in operation for one year and has the support of many business firms. Their efforts are directed towards training basically unemployable people in job application skills. He additionally cited their success in this field and that this organization is deserving of a reduced rate if this is possible, however, he stated that since the Convention Center fees are set on a break- even basis, he understands that the City Council cannot grant his request for reduction of fees. 73-79 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27, 1973, 1:30 PoM. Mr. Pachuta introduced Mr. John Rambo, General Telephone, who ad- vised that his firm endorses the activities of the O. I. C. organization, and urged that any consideration regarding rates which is possible, be given this group. Further discussion was held during which Mr. Murdoch advised that there is no room rental fee charged at the Convention Center when foods are served in connection with an activity, and stated he would check to see whether the beverages and hors d'oeuvers to be served at the reception planed by this group would place them in that category. On motion by Councilman Stephenson, seconded by Councilman Sneegas, ~ the request submitted regarding Convention Center rates for activities spon- sored by the Opportunities Industrialization Center of Orange County was re- ferred to the City Manager and Stadium-Convention Center Director to be handled administratively, and no reduction in regular Convention Center rates auth- orized. MOTION CARRIED. REQUEST - GRANT COMPANY OF CALIFORNIA - DELETION OF CONDITION NO. 3 (RECLASSIFI- CATION NOo 71-72-15, TRACT NOS. 7566 and 7569): Request of Ronald J. Dickerson, Grant Company of California, dated December 4, 1972, for deletion of Condition No. 3 of Resolution No. 71R-466 (amended by 72R-214) imposed on approval of Reclassification No. 71-72-15, pertaining irrevocable offer to dedicate an easement for riding and hiking trail purposes, was submitted for Council con- sideration, together with reports from Development Services Department and the City Engineer. The Zoning Supervisor stated that the primary reason for their recom- mendation of denial was that it does not appear even with deletion of this condition, that the developer or property owners could accomplish their ob- jectives, because subject property has been previously encumbered by the Four Corners Pipeline easement. He noted that subject easement may at some future time be a vital link in any riding and hiking trail systems for the area. Councilman Thom moved that the request submitted by Grant Company be denied. There being no second to this motion, Mayor Pro Tem Stephenson declared the motion dead for lack of a second. Mr. Murdoch inquired as to the Grant Company's intent, specifically whether there is a change in their thinking as to the riding and hiking trail systems. Mr. Roberts referred to earlier correspondence from the Grant Com- pany which indicated that no buildings or other structures, other than bridges or fences could be constructed within the Four Corners Pipeline easement, there- fore deletion of this condition will not allow such property improvements as extension of patios or the building of fences other than that which is per- mitted by the Four Corners Pipeline Company presently. Mr. Ron Thompson related that the most comprehensive part of the riding and hiking trail systems has been drafted in conjunction with the PC Zone, and it was to avoid losing a vital segment of this proposed trail system that Condition No. 3 was placed on the approval of the Grant and Lusk pro- perties, so as to assure that this segment will be available for riding and hiking purposes when and if these trails are developed. Mayor Pro Tem Stephenson asked if a representative from Grant Com- pany was present to submit additional information. There was no response. 73-[80 City Hall, Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 PoMo On motion by Councilman Thom, seconded by Councilman Pebley, the deci- sion on request for deletion of Condition No. 3, Resolution No. 72R-214, was continued to March 13, 1973 for additional information from the Applicant. MOTION CARRIED. REQUEST - ZION LUTHERAN CHURCH: Communication from Elmer W. Matthias, Pastor of the Zion Lutheran Church, dated February 15, 1973, was submitted~ requesting that should the former Zion Lutheran Chruch building be demolished in the future, they would consider it a gracious gesture on the part of the City if the bell which is now in the tower of that structure, were returned to their congregation. Councilman Thom moved that the bell presently in the tower of the former Zion Lutheran Church sanctuary at Emily and Chartres Streets be returned to that congregation, if and when the building is demolished. Councilman Stephenson seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Action taken by the City Planning Commission at their meeting held February 5, 1973, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 2476 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by the Frank Muller Revocable Trust requesting the following code waivers to establish a mobile home and mobile office display center and sales lot in one area of the parking lot on subject property, with office facilities to be located in a mobile unit, on C-2 zoned property located on the north side of Lincoln Avenue, between Muller Street and Crescent Way, was submitted, together with application for Exemption Declaration Status. Waivers: a. Permitted uses. b. Minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC73-28, recommended that no environmental impact report be required and granted said variance for a period of one year, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom, seconded by Councilman Stephenson~ it was the finding Of the City Council that the impact of the project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Variance No. 2476. CONDITIONAL USE PERMIT NO. 1371 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Dunn Properties Corporation to establish a real estate office on M-1 zoned property located on the west side of State College Boulevard, south of Katella Avenue, was submitted, together with application for Exemption Declaration Status. The City Planning Commission, pursuant to Resolution No. PC73-29, recommended that no environmental impact report be required and granted said conditional use permit, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Conditional Use Permit No. 1371. CONDITIONAL USE PERMIT NO. 1372 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Joan T. and Ken G. Doi, to establish a drive-in (drive- through) restaurant on C-1 zoned property located at the southwest corner of Lincoln Avenue and Laxore Street, was submitted, together with application for Exemption Declaration Status. 73-1~1 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M, The City Planning Commission, pursuant to Resolution No. PC73-30, recommended that environmental impact report not be required and granted said conditional use permit, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Pebley, seconded by Councilman Sneegas, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Conditional Use Permit No. 1372. CONDITIONAL USE PERMIT NO. 1373 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Royal Coach of Anaheim, Inc., requesting the following code waivers to establish a recreational vehicle sales, rental and service facility on M-1 zoned property located on the east side of West Street, south- west side of the Santa Ana Freeway, south of South Street, was submitted, together with application for Exemption Declaration Status. Waivers: a. Minimum front setback. b. Minimum front landscaping. c. Maximum height of free-standing sign within 300 feet of a residential structure. d. Maximum area of a free-standing sign. The City Planning Commission, pursuant to Resolution No. PC73-31, granted said conditional use permit, in part, granting waiver a., subject to conditions, and denying waivers b., c., and d., and by motion recommended an environmental impact report not be required. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Pebley, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The Deputy City Clerk submitted and read the City Planning Commission's special recommendation that the property considered under Conditional Use Permit No. 1373 be excluded from the boundary definitions of the C-R area since the use proposed would be more appropriate in the M-1 zone. Zoning Supervisor Charles Roberts advised that subject property is presently in the M-1 zone~ but that there is a resolution of intent to C-R, and the Planning Commission felt that the recreational vehicle sales and rental facility use would be more in conformance with M-1 designation. Further, that they consider permitting such activities in the C-R zone would establish a precedent for similar requests and for these reasons, the City Planning Com- mission recommended that the Council take action to delete this property from the description in the resolution of intent to C-R. Councilman Sneegas observed that a similar request for a recreational vehicle sales facility was recently denied on the basis that this use was not compatible with the M-1 zone. He expressed his opinion that the proposal under Conditional Use Permit No. 1373 provides an excellent interim use for property which will, most likely, convert to hotel use in the future. Mr. Roberts pointed out that the Interdepartmental Committee had recommended that one of the conditions for approval of this conditional use permit be that the Applicant complete application for C-R zoning~ and the discussion at the Planning Commission hearing resulted in their special recom- mendation. That it appears the property owner now has the option to treat his property as either M-1 or C-R. Mr. Geisler advised that at present the owner has M-1 zoning with a conditional use permit. That a conditional use permit does not carry over automatically to another zone, therefore if the Applicant changed the zoning to C-R and still desired to retain this conditional use, he would have to apply for, and receive, a new conditional use permit. 73-182 ..~ity Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1973, 1:30 P.M Following discussion, no action was taken on the City Planning Com- mission's special recommendation for deletion of the property under Conditional Use Permit No. 1373 from the C-R boundary definition. The City Council took no further action on Conditional Use Permit No. 1373o CONDITIONAL USE PERMIT NO. 1374 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Frank Burns, Inc., requesting the following code waivers to permit a non-industrial training center, retail distributing firms, service business firms (business and professional offices), in conjunction with a proposed addi- tion of a two-story office building to an existing commercial office complex, on M-1 zoned property located on the east side of Anaheim Boulevard, north of Palais Road, further described as 1360 South Anaheim Boulevard, was submitted. Waivers: a. Permitted uses. b. Minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC73-32, reco~m,ended that no environmental impact report be required and granted said conditional use permit, subject to conditions: ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Pebley, it was the finding of the City Council that the impact of said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Council took no further action on Conditional Use Permit No. 1374. TENTATIVE MAPS~ TRACT NOS. 8215 AND 3219 (VARIANCE NO. 2475 AND ENVIRONMENTAL IMPACT REPORT NO. 84): Developer, Anaheim Hills, Inc., Texaco Ventures, Inc.; property located on the south side of Canyon Rim Road, east of Nohl Ranch Road; Tract Noo 8215 contains 36 proposed R-1 zoned lots and Tract No. 8219 contains 40 pro- posed R-1 zoned lots. On motion by Councilman Pebley, seconded by Councilman Stephenson, action on Tentative Maps, Tract Nos. 8215 and 8219, was continued to be con- sidered in conjunction with Variance No. 2475 and Environmental Impact Report No. 84. MOTION CARRIED. RECLASSIFICATION NO. 68-69-85 - EXTENSION OF TIME - CLARIFICATION AND AMENDMENT OF CONDITIONS (TRACT NO. 8196~ CONDITIONAL USE PERMIT NO. 13667: Request of Mr. R. Lo Armet, E. C. D., Inc., dated December 13, 1972 and January 17, 1973, pertaining to extension of time to Reclassification No. 68-69-85; clarification of Condition No. 2 of Resolution No. 70R-537 and Condition No. 16 of Resolution No. 69R-344; amendment to Condition No. 8 of Resolution No. 69R-344; were submitted for City Council consideration, together with reports from Development Services Department and the City Engineer. Subject property consists of two parcels of land, a total of 10½ acres, located between Nutwood Street and Easy Way, 550 feet north of Katella Avenue, presently R-A, with resolution of intent to R-3. Mr. Roberts briefed the Council on the location and background of subject property, indicating that under Reclassification No. 68-69-85 a resolution of intent to R-3 was approved on the entire 10~ acres~ 9~ acres of which were proposed for an apartment project, one acre to be retained by the original owner as his home site. Variance Nos. 2076 and 2212 were granted in conjunction with Reclassi- fication No. 68-69-85 to establish a 227-unit and 220-unit apartment projects, respectively. Both projects have since been discontinued and the present developer now proposes to construct a 97-unit planned residential development, and has been granted Conditional Use Permit No. 1366, in connection with this project. The present developer is specifically requesting: 1) a retroactive extension of time to Reclassification No. 68-69-85, which expired November 10, 1972. 2) clarification of Condition No. 2 of Resolution No. 70R-537: the 73-183 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M. developer is asking for a determination as to whether it is his responsibility to install full street improvements along the entire Nutwood Street frontage, including the one acre parcel. 3) clarification of Condition Noo 16 of Resolution No. 69R-344: the developer is questioning whether it is necessary to have the ordinance read over the entire 10~ acres, both parcels 1 and 2 at the same time, or whether an ordinance can be read on just the 9.5 acres proposed for the planned residential development. 4) amendment to Condition No. 8 of Resolution No. 69R-344: the petitioner requests that the original Condition No. 8, which required that a slumpstone wall be constructed along the south property line adjacent to the existing R-1 properties wherever carport walls do not exist, be amended to permit a 6-foot masonry wall of a decorative nature, to be approved by the Planning Staff, along this south property lineo Mr. Roberts outlined the recommendations presented by Development Services Department and the City Engineer in regard to these requests as follows: 1) Development Services Department recommends that a one-year exten- sion of time be granted to Reclassification No. 68-69-85 for completion of conditions; said extension to be retroactive to November 10, 1972, and expire November 10, 1973o 2) regarding clarification of Condition Nos. 2 and 16 of Resolution No. 69R-344, Development Services Department and the City Engineer recommend that Nutwood Street be improved over the entire frontage of the original parcel, both parcels 1 and 2,as one project° 3) regarding amend- ment to Condition No° 8 of Resolution No. 69R-344, Development Services Depart- ment recommends that the request for deletion of the required slumpstone wall be considered at public hearing or that written evidence from all affected R-1 property owners be submitted to the City Council consenting to the proposed wall treatment. Mr. Roberts explained that the developer has submitted four reasons for requesting a change in the slumpstone wall requirement and indicated that he proposes to construct a slumpstone wall along the Nutwood Street frontage and substitute a different type of wall along the Easy Way frontage, as well as the north and south boundaries of the project° This wall would consist of slumpstone block pilasters on 16-foot centers with brown masonry block panels provided between the pilasters. The block panels would be capped with a brown Lido cap. Mr. Roberts advised that the slumpstone wall requirement along the south boundary was originally imposed at public hearing as a result of concern expressed by the adjacent R-1 property owners. He displayed a graphic render- ing of the wall which the petitioner proposes to substitute. Mayor Dutton returned to Council Chambers (2:50 p.m.)o Councilman Pebley moved that the request submitted by E. D. C., Inc. be approved as rec~m~Lended by Development Services Department and the City Engineer as listed above. Councilman Stephenson seconded the motion. Council- man Dutton abstained from voting. MOTION CARRIED. Mayor Dutton resumed chairmanship of the meeting. PLANNED COMMUNITY ZONE: On motion by Councilman Thom, seconded by Councilman Stephenson, public hearing on proposed ordinance repealing Chapter 18.57 of the Anaheim Municipal Code and amending it by adding a new Chapter 18o57 there- to, was set for March 20, 1973. MOTION CARRIED. RESOLUTION NO. 73R-73 - AWARD OF CONTRACT - WORK ORDER NO. 659-B: In accordance with reco~endations of the City Engineer, Councilman Stephenson offered Resolution No. 73R-73 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 FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILIT%ES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF OLIVE STREET AND VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 659-B. (Steiny and Company - $20,018.00) 73-184 City Hall, Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M~ Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution NOo 73R-73 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Dutton offered Resolution Nos° 73R-74, 73R-75 and 73R-76 for adoption. Refer to Resolution Book. RESOLUTION NOo 73R-74 - WORK ORDER NO. 8002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: DEMOLITION, SITE CLEANING AND ROUGH GRADING AT CLAIR SUBSTATION SITE, MAGNOLIA AVENUE AT BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8002. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CON- STRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUC- TION THEREOF. (Bids to be opened March 22, 1973, 2:00 p.m.) RESOLUTION NO. 73R-75 - WORK ORDER NO. 8002 AND 800~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF CLAIR SUBSTATION AT BALL ROAD AND MAGNOLIA AVENUE AND THE NORTH SUBSTATION AT IA PALMA AVENUE AND PAULINE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 8002 AND 8004° (Bids to be opened March 22, 1973, 2:00 p.m.) RESOLUTION NO. 73R-76 - WORK ORDER NO° 322-297: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THE NECESSITY PURSUANT TO GOVERNMENT CODE SEC- TION 39576.5 TO CONTRACT FOR THE CUTTING AND REMOVAL OF ALL RA/~K GROWTH AND WEEDS, AND REMOVAL OF RUBBSIH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROP- ERTY OR ANY PUBLIC STREETS WITHIN THE CITY OF ANAHEIM, CALLING FOR BIDS THEREON, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR, ACCOUNT NO. 322-297. (Bids to be opened March 22, 1973, 2:00 p.m.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-74, 73R-75 and 73R-76 duly passed and adopted. RE SOLUTIO~ NO. 73R-77 - WORK ORDER NO. 805: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 73R-77 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COU1NCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPb~NT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND ~ PERF0P~tiNCE OF ALL WORK NECE§gARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING P!~BLIC IMPROVEMENT, TO WIT: THE CULTURAL ARTS CENTER PARKING LOT, WEST SIDE OF HARBOR BOULEVARD, SOUTH OF LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 805. (R. J. Noble Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None 73-185 ~,itv llall~ Anaheim~ ~,alifornia - COUNCIl, MINU%ES - February 27~ 19737 1:30 P~M. The Mayor declared Resolution No,~ 7~1~-77 duly passed and adopted. RESOLUTION NO. 73R-78 - DEED,~ OF EASEM~N~I': Counc~lma. St'ephenson offered Reso]~tion No. 7BR-78 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING TI{EIR RECORDATION. (Edward W.~ Bonkosky) Roll Call Vote: AYES: COUNCILMEN: NeE S: COUNC I LMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-78 duly passed and adopted. RESOLUTION NOo 73R-79 - LEASE AGREEMENT - COVENANT PRESBYTERIAN CHURCH OF ANAHEIM: Councilman Stephenson offered Resolution No. 73R-79 for adoption, authorizing lease of the former Zion Lutheran Church sanctuary and parish hall, for the monthly rental fee of $400.00 plus an additional $25.00 a month as the pro- ration of utilities, effective March 1, 1973. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECT- lNG THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN LEASE AGREEI~ENT BETWEEN THE CITY AND THE COVENANT PRESBYTERIAN CHURCH OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton. None None The Mayor declared Resolution No. 73R-79 duly passed and adopted. SALES TAX APPORTIONMENT: City Manager Keith Murdoch reported that communication has been received from the City of Montclair in connection with possible liti-- gation regarding the distribution of sales tax to cities as set forth by the Bradley-Burns Sales Tax Formula. This letter advises that the City of Baldwin Park is currently attempting to solicit the support of cities throughout the State in an effort to file litigation against the California State Legislature which would test the validity of this sales tax apportionment formula, Baldwin Park's position being that the present method is inequitable and should be revised to disperse sales tax on a per capita basis rather than "point of sale" Therefore, the City of Montclair is canvassing to determine those cities which would support the present sales tax distribution method by joining as an "interested party" in appropriate litigation should this become necessary. On motion by Councilman Thom, seconded by Councilman Sneegas, a ]ett:er was authorized directed to the City of Montclair indicating interest in e~ntering into litigation opposing the distribution of sales tax on a per ~apita basis, should a lawsuit directed toward the California State Legislature i~e filed by a city. MOTION CARRIED. LEASE OF SURPLUS LAND ADJACENT TO ANAHEIM STADIUM (7.09 ACRES): Mr. Murdoch reported on proposal to lease 7.09 acres of surplus State land, created by the realign- ment of a section of the Orange Freeway. Said property is located east of the Anaheim Stadium, lying adjacent to the existing parking lot south of Katella Avenue, east of State College Boulevard. He presented a map indicating said property and this was reviewed at the Council table. A proposal is to be submitted under Assembly Bill No. 455, which permits the lease of surplus State land for a term of 50 years provided the property is maintained for park purposes, at a rate of $100.00 per year, regardless of the area leased, up to the maximum. Mr. Murdoch pointed out that this particular property could be used for overflow Stadium parking ~ccasionally, if maintained as an open green space, and in addition may be City Uall, Anaheim? California - COUNCIL MINUTES - February 27, 1973~ 1:30 P.M. developed as a Little League type recreational ballfield. The City's primary usc for the property would be open space/recreational. The price indicated by thc State for this property, if the City wishes to purchase same, is $22,567.00 pcr acre. Mr. Murdoch further advised that there is a possibility, in order to obtain the lease, that the City may be required to purchase 1.088 acres of sub- ject property, which is the amount over the maximum limit set in Assembly Bill 455. In answer to Councilman Stephenson, Mr. Murdoch stated that this lease would be revocable at any time, should the City wish to purchase this entire par- cel for other purposes. On motion by Councilman Pebley, seconded by Councilman Stephenson, application to the State of California, Division of Highways, for a 50-year lease at the rate of $100.00 per year of 7.09 acres of excess State property located immediately east of the Anaheim Stadium, to be used for park purposes, was authorized, as reported and recommended by the City Manager. MOTION CARRIED. EXAMINING SERVICES - STATE PERSONNEL BOARD: On report and recommendation of Garry McRae, Personnel Director, and Keith A. Murdoch, City Manager, it was moved by Councilman Stephenson, seconded by Councilman Pebley, that Garry McRae, Personnel Director, be authorized to enter into and sign an agreement with the State of California, California State Personnel Board, Cooperative Personnel Services Division, for the purpose of performing examining services for the City of Anaheim. MOTION UNANIMOUSLY CARRIED. PURCHASE OF EQUIPMENT - ONE 8 X 14 FOOT STAKE BODY TRUCK: Mr. A1 Merriam, Mechanical Maintenance Superintendent, reported on bids received for the purchase of a line crew material truck required by the Utilities Department, the low bid being that of International Harvester for a cab and chassis only at a cost of approximately $5,600.00. Mr. Merriam reported that via a newspaper advertisment an 8 x 14 foot stake body truck with hydraulic lift, which met all City specifications, was located at La Habra Dodge, at a price of $5,500.85 which is lower than the bid received from International Harvester for cab and chassis only. Mr. Merriam recommended the purchase of this item at a total cost of $5,775.89, including tax, from La Habra Dodge. On recommendation of the Mechanical Maintenance Superintendent, Councilman Pebley moved that the City Council authorize purchase of the 8 x 14 foot stake body truck from La Habra Dodge in the amount of $5,775.89, including tax. Councilman Stephenson seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - ONE ½-TON PICKUP TRUCK: The City Manager reported on informal bids reheived for the purchase of one ½-ton pickup truck as follows, and recom- mended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX Vern Trider Chevrolet Truck Sales .......... $3,018.57 Anaheim Dodge ................... 3,189.90 Santa Ana Dodge ................. 3,307.50 McCoy Ford ..................... 3,534.65 Councilman Sneegas observed that the 10w bidder, V~rn Tridar Chevrolet, had quoted on a 6-cyclinder engine, whereas the remaining quotes were for 8-cyc- linder, and asked what the specifications were. Mr. A1 Merriam advised that the original specifications called for a 6-cyclinder engine and that they would like to purchase the 6-cyclinder for com- parison purposes, in light of the stringent emission control procedures, to assess performance of the 6-cyclinder vehicle before purchasing any more with that size engine. On motion by Councilman Stephenson, seconded by Councilman Pebley, the low bid of Vern Trider Chevrolet was accepted and purchase authorized in the amount of $3,018.57, including tax. MOTION CARRIED. 73-187 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M. PURCHASE OF EQUIPMENT - TRUCK MOUNTED HYDRAULIC DERRICK & BODY: The City Manager reported on informal bids received for the purchase of one truck mounted hydraulic derrick and body for the Electrical Division, as follows, and recommended acceptance of the low bid: VENDOR Utility Body Company California Truck Equipment - Pitman Mfg. Company- Asplunder Company- SABCO TOTAL AMOLrNT~ INCLUDING TAX McCabe Powers R. O. Products, Inc. - ............... NO QUOTE -$16,714.95 20,192.42 20,816.78 NO QUOTE NO QUOTE NO QUOTE On motion by Councilman Stephenson, seconded by Councilman Dutton, the low bid of Utility Body Company was accepted and purchase authorized in the amount of $16,714.95, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - 600-VOLT CONTROL CABlM: The City MAnager reported on informal bids received for the purchase of 600-volt control cable for the Electrical Division, as follows, and recommended acceptance of the bid submitted by General Electric Supply Company. VENDOR General Electric Supply Co. Westinghouse Electric Okonite Co. General Cable TOTAL AMOUNT~ INCLUDING TAX -$ 5,433.12 5,433.12 4,838.40 11,439.75 On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of General Electric Supply Coo was accepted, as recommended by the Electrical Division, and purchase authorized in the amount of $5,433.12, including tax. Councilman Sneegas observed that the low bid for these items was from Okonite Company, and inquired as to why the recommendation was to accept the bid of General Electric Supply Company. Councilman Stephenson withdrew his motion to approve purchase of the 600-volt control cable from General Electric Supply Company and Councilman Thom the second. On further investigation, Mr. Murdoch advised that the Okonite Com- pany had submitted an alternate bid, i. eo, they had bid on number 9 wire instead of Nos. 10 and 8, as specified, and this quote was therefore rejected as not meeting specifications. Councilman Dutton then moved that the purchase of the 600-volt con- trol cable from General Electric Supply Company in the amount of $5,433.12, including tax, be authorized as the best qualified bid meeting specifica- tions. Councilman Stephenson seconded the motion° MOTION CARRIED. Councilman Sneegas commented that it appeared to him that the bid from Okonite Company is for a more expensive, perhaps superior quality wire, and that it should be further investigated to determine if this can be sub- stituted for the wire specified so that the City may take advantage of the better price offered by this firm. On motion by Councilman Dutton, seconded by Councilman Stephenson, the previous motion to authorize the purchase of 600-volt control cable from General Electric Supply Company was rescinded. MOTION CARRIED. After further attempt to determine whether the Size 9 Control Cable offered by Okonite could be substituted, Mr. Murdoch suggested that deci- sion on this purchase be deferred to next week to allow time for further investigation and report by the Electrical Division. 73-188 City Hall, Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.M. PURCHASE OF EQUIPMENT - CAPACITORS AND HANGERS: Mr. Murdoch, in reviewing the quotes received for these items noted that the McGraw-Edison bid was low on two of the three items specified, although the recommendation is to accept all three items from Sangamo Electric. He suggested that decision on this purchase also be deferred for further report from the Electrical Division. By general Council consent, decision on purchase of capacitors and hangers was deferred for one week to allow for further investigation. CLAIM AGAINST THE CITY: Claim filed by Mr. Melvin Ao Eisenberg for personal property damag~ purportedly resulting from an accident with an Anaheim Police vehicle on or about September 18, 1972, was denied, as recommended by the City Attorney, and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED° RESOLUTION NO. 73R-80 - PERMIT FOR ACCESS TO SERVICE ROAD ~ ORANGE COUNTY WATER DISTRICT (BETWEEN IMPERIAL HIGHWAY AND 'fM 0E~'~'ZRSON OVERCROSSING): Councilman Dutton offered Resolution No. 73R-80 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PERMIT FROM THE ORANGE COUNTY WATER DISTRICT GRANTING THE CITY OF ANAHEIM ACCESS TO A SERVICE ROAD FOR SANITATION PURPOSES. Roll Call Vote: AYES: COUNCIIMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Noo 73R-80 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Stephenson: ao Financial and Operating Reports for the Months of December, 1972 and January, 1973: (December) - Water Division (January) - Electrical Division (January) - City Treasurer b. Before the Public Utilities Co~m,ission - Joint application of Southern California Gas Company and Pacific Lighting Service Company for authorization to revise rates from time to time as necessary to reflect expenditures and revenues associated with gas exploration and development activities - Notice of Hearing° c. Placentia Unified School District - Urging United States Congress to appropriate funds for completion of the Flood Hazard Study of the Santa Ana River Basin. MOTION CARRIED. ORDINANCE NO. 3136: Councilman Stephenson offered Ordinance No. 3136 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO SAID CITY OF ANAHEIM OF CERTAIN INHABITED TERRITORY KNOWN AS MOHLER DRIVE ANNEXATION° Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3136 duly passed and adopted. 73-189 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 P.Mo ORDINANCE NO. 3137: Councilman Pebley offered Ordinance No. 3137 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (64-65-64(1) - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILM~N: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3137 duly passed and adopted. ORDINANCE NO. 3138: Councilman Stephenson offered Ordinance No. 3138 for adoption. Refer to Ordinance Book° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-7(1) - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCII2~EN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3138 duly passed and adopted. ORDINANCE NO. 3139: Councilman Stephenson offered Ordinance No. 3139 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (72-73-8 - C-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCIIMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3139 duly passed and adopted. ORDINANCE NO. 3140: Councilman Stephenson offered Ordinance No. 3140 for first reading: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(57) - M-l) ORDINANCE NO. 3141: Councilman Sneegas offered Ordinance No. 3141 for first reading: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF T~E ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-25(2) - M-l) ALCOHOLIC BEVERAGE LICENSE APPLICATION~ Application by The Southland Corporation, for off-sale beer and wine license for premises located at 525 North Brookhurst, was submitted, and conditional protest authorized on the basis of zoning, on motion by Councilman Dutton, seconded by Councilman Thom. MOTION CARRIED. COST/FEE STUDY ADDENDUM - ZONING AND LAND USE PETITIONS: At verbal request of Mr. Gayland Compton of the Anaheim Board of Realtors received this date, on motion by Councilman Pebley, seconded by Councilman Stephenson, further con- sideration of the Cost/Fee Study Addendum was continued for two weeks to allow this organization to review the revised recommendations. MOTION CARRIED. 73-190 City Hall~ Anaheim~ California - COUNCIL MINU~S - February 27~ 1973~ 1:30 P.M. TRAFFIC SIGNALIZATION - LINCOLN AVENUE AND LOARA STREET: Report prepared by the City Engineer regarding traffic conditions at Lincoln Avenue and Loara Street, and whether the situation at said intersection justifies placement of traffic signal, as requested by Councilman Sneegas on February 6, 1973, was submitted for Council consideration. The report submitted indicates that subject location is a State high- way, that previous requests have been forwarded to the Division of Highways and their reaction is that minimum justification for traffic signals exists at this location, however, because the street will soon revert to the City, they would not participate in any signal project. The placement of a signal at this location would further require coordination with the railroad crossings on both Lincoln Avenue and Loara Street, which according to the Public Utilities Commission also means that gate arms and predictors would have to be installed in order to provide reasonable traffic movement. It is estimated that the cost of such signalization at this inter- section, including the upgrading of the railroad crossing and street work, will be from $95,000 to $110,000o The railroad and Public Utilities Commission would be responsible for about $40,000 to $50,000 of this amount, which would leave the City a cost of $55,000 to $60,000 for the project. Additionally, it is pre- dicted that installation of gates, together with the proximity of the railroad switching yard, would lead to considerable down time, causing greater traffic congestion. For these reasons, the City Engineer recommended that traffic signaliza- tion at this particular intersection not be considered at this time. On motion by Councilman Stephenson, seconded by Councilman Dutton, the City Council accepted the report and upheld the recommendation of the City Engineer regarding the traffic signalization of Lincoln Avenue and Loara Street. MOTION CARRIED. CLUB CONTINENTAL APARTMENTS - REQUEST FOR RENEWAL OF TWO SIGN PERMITS: Request of Don Evans, Club Continental Apartments, 2175 Mallul Drive, dated February 21, 1973, for extension of time to two existing sign permits was submitted together with report from Development Services Department recommending said request be denied and the owner instructed to comply with all applicable regulations. Also submitted were photographs supplied by Mr. Evans, showing views of subject apart- ment complex from Harbor Boulevard as well from the access street. Zoning Supervisor Charles Roberts briefed the location of subject pro- perty, as well as the location of the sign under discussion. He advised that the Applicant is requesting extension of time for two signs, whereas there is only one permit issued to this structure on file (Sign Permit No. 1440). This is for a 200-square foot off-site for sale or lease sign, for which permit was taken out in July, 1971. The sign ordinance make provision for such off-site signing, how- ever on a temporary basis, not to exceed one year, but provides that successive six-month extensions may be provided by the City Council, unless all apartments or property has been rented or leased. According to the Manager of the Club Continental Apartments, all of their units were rented in June of 1972, however the occupancy rate is currently down to 90%. Mr. Roberts further advised that these apartments are rented on a month-to-month basis, primarily to young single people. The Zoning Enforcement Officer has been in contact with the apartment Manager on several occasions regarding a number of sign violations, and specifi- cally issued an order to comply on October 27, 1972 for an illegal A frame sign, two large banners~ a si~n on a utility pole~ and approximately 32-square foot on-site sale/lease sign (for which no permit was requested or issued), and the subject 200-square foot~ off-site sale/lease sign. Subsequent inspections re- veal that all violations still exist, with the exception of the A frame sign. Mr. Roberts outlined the amount and types of signs which the apartment building would be entitled to under the ordinance, which are felt to be adequate and therefore the recommendation for denial. Mr. DOn Evans, Manager, Club Continental Apartments, 2175 Mallul Drive, advised the situation of this particular apartment complex is unique as it is 73-191 City Hall~ Anaheim~ California - COUNCIL MINUTES February 27~ 1973, 1:30 PoM extremely difficult to locate due to the relatively unknown access streets, Wilkin Way and Mallul Drive and also the structure has no "window" on Harbor Boulevard, as illustrated by the photographs submitted. He advised that the turnover rate of this apartment complex is approximately 10% per month and there are a total of 240 apartments. Councilman Pebley referred to the many other apartment house projects within the City, specifically those on Rose and East Street, which are located off the main streets and was of the opinion these would have to be accorded the same privileges as requested by Mr. Evans. Councilman Thom asked for an estimate of the amount of time Mr. Evans feels he would require the additional signing. Mr. Evans noted the apartments memtioned by Councilman Pebley are smaller projects with fewer apartment untis. He advised the owners of the apartment house are taking steps to secure financing to construct an extension to the apartment complex which would be located on Harbor Boulevard and which, they feel, will alleviate this signing problem. He stated that he would be satisfied if permitted to leave the large sign a maximum period of six months. Councilman Stephenson moved that the request submitted for extension of time for off-site sign for Club Continental Apartments be denied as recom- mended by the Development Services Department and the Applicant instructed to comply with all applicable sign regulations. Councilman Dutton seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. REQUEST - WAIVER OF BUSINESS LICENSE FEE - ELKS EMBLEM CLUB: Application for solic- itation of charity funds, submitted by Mrs. Shirlee J. Early~ on behalf of the Elk's Emblem Club of Fountain Valley was presented, and it was noted the request is for waiver of license fee in connection with a carnival to be held in the parking lot of the White Front store, Harbor Boulevard, March 8 through 11, 1973, with proceeds being used for Orange County community charities. Mrs. Shirlee Early, 9002 Rhodesia Street, Huntington Beach, addressed the Council and explained that this organization is a National Elks Club Women's Auxiliary and one of their primary functions is fund raising for various char- itable causes. Councilman Stephenson inquired if the local Anaheim Elks Lodge is aware of this activity and whether they have given their approval. Mrs. Early replied she has conducted similar fund raising activities in other cities and has never secured approval from either the Huntington Beach Elks Lodge nor the local Lodge where the activity was held. Councilman Pebley asked if the shopping center will receive any re- venue from the carnival. Mrs. Early answered in the negative and advised the entire amount which her Club receives will be donated to charitable institutions. Further that the carnival concessionaire will donate to their organization the amount which they would ordinarily pay to the City in business license fees, which will amount to approximately $600.00. The City Attorney advised the Council policy precludes waiver of busi- ness license fees where any individual or business will derive any profit from the proposed activity. If the members of her Auxiliary operate and receive all proceeds from the booths and conduct the activity themselves, the fee may be waived, however, to approve the request as presented, would constitute a gift of public funds. Mrs. Early asked if the situation would be different should the mem- bers of her organization man the booths for the carnival concessionaire. Mr. Geisler advised this would not alter the situation; that even though the concessionaire would be paying salaries which would be donated even- tually to charity, as the carnival operator, he would still derive profits from the event. Mrs. Early reiterated that the funds are to be used to aid the teach- ing of handicapped children and other worthy charities, and urged that the Council approve her request. Mayor Dutton stated that the Council, while in concurrence with the objectives of the organization, could not assist under the terms as specified. Councilman Pebley moved that the request to hold the carnival and the waiver of fees be denied. Councilman Sneegas seconded the motion. MOTION CARRIED. 73-192 City Hall~ Anaheim, California - COUNCIL MINUTES - February 27, 1973, 1:30 P.M. SOLICITATION PERMIT - FREEDOM FROM HUNGER FOUNDATION: Application of Debra J. Kent, 2102 West Palais Road, for solicitation of funds in connection with "The American Freedom from Hunger Foundation" walkathon was submitted. On motion by Councilman Thom, seconded by Councilman Stephenson, the request was approved and the Freedom from Hunger walkers permitted to solicit pledges in connection with the walkathon February 21 through March 3, 1973, on a per mile basis. To this motion, Councilman Pebley voted "no", stating he feels that door-to-door solicitation should be curtailed. MOTION CARRIED. ELECTRICAL LINE EXTENSION - IMPERIAL HIGHWAY; SANTA ANA CANYON AREA: Mr. Murdoch re- ported receipt of communication from George Edwards, Electrical Superintendent, regarding extension of the electrical line on Imperial Highway, south of the Santa Ana Canyon Road, to the Four-Corners Pipeline easement. A stop order has been issued on this section of line by the Council to allow for investigation into the possibilities of undergrounding. Mr. Murdoch advised that the Electrical Superintendent is proceeding under the assumption that Council policy would allow this line extension to con- tinue as an overhead line if the developer refused to absorb the cost of under- grounding. Mr. Murdoch reported that the present schedule requires construction of this line should be initiated within the next few weeks and requested Council clarification as to whether their intent was to exclude the possibility of this line being underground. That if the Council still desires to have this line underground, he requested additional time to negotiate with the developer and the school district, with possibly some additional City participation other that at the park site. That in this instance, development commenced prior to the adoption of the undergrounding policy, and hopefully, this problem will be alleviated in the future as the undergrounding costs can now be included in the normal project costs before construction starts. The Council indicated it was not their intent for this developer to pay the total undergrounding costs for both sides of the street, and authorized the construction of overhead lines be further delayed to allow time for said negotia- tions by the City Manager to progress. ARCHITECTS - ADMINISTRATIVE BUILDING (CITY HALL): Mr. Murdoch reported that proposals have been received from four Orange County architectural firms regarding the pro- posed Civic Center construction and inquired as to what method Council wished to employ in review of these. Councilman Thom suggested that the presentations be heard prior to or following a regular Council meeting. By general Council consent, it was determined that the four architects' presentations will be heard on March 13, 1973, at an Adjourned Regular meeting, 9:00 a.m. Mr. Murdoch further advised that Space Utilization Associates, specia- list in space analysis, has been in contact with Mr. Davis and inquired as to whether the Council would wish to receive a proposal from this firm for the space analysis portion of the Civic Center plans. He advised that this responsibility could also be assigned to the architect choosen, or, if awarded to SUA then the architect's fee would be reduced. The Council agreed to hear the presentation from Space Utilization Associates. RESOLUTION NO. 73R-81 - JOINT POWERS AGREEMENT TO ESTABLISH SANTA ANA RIVER AND SANTIAGO CREEK GREENBELT COMMISSION: Following report by City Attorney Joseph Geisler regarding the revised joint powers agreement, Councilman Sneegas offered Resolu- tion No. 73R-81 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT RELATING TO THE ESTABLISHMENT OF A GREENBELT COMMISSION. (Santa Aha River and Santiago Creek) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 73-193 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1973~ 1:30 PoM, The Mayor declared Resolution No. 73R-81 duly passed and adopted. PERMISSION TO LEAVE THE STATE - COUNCILMEN SNEEGAS AND DUTTON: On motion by Councilman Pebley, seconded by Councilman Stephenson, Councilmen Sneegas and Dutton were granted permission to leave the State for 90 days. MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:15 P.M. Signed Deputy City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - March 6, 1973, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Pebley, Thom and Stephenson ABSENT: COUNCILMEN: Sneegas and Dutton PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Pro Tem Stephenson called the meeting to order. INVOCATION: Reverend LeRoy Miller of the Faith Lutheran Church gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. SUGGESTION AWARD: Mayor Pro Tem Stephenson presented Captain David Murray of the Fire Department a plaque in recognition and appreciation of his suggestion that a toggle switch be installed on each fire engine so that the ignition switch can be bypassed leaving the~radio operative without the engine running. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni, of the City Personnel Department, introduced 14 new employees attending the Council meeting as part of the City's orientation program. Mayor Pro Tem Stephenson welcomed the new employees. MINUTES: Approval of the City Council Meeting Minutes for the Regular Meetings held February 6, February 13, February 20 and Adjourned Regular Meeting held February 22, and Regular Meeting held February 27, 1973, were deferred. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions and consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $283,192.78, in accordance with the 1972-73 Budget, were approved. PUBLIC HEARING - ABANDONMENT NO. 71-8A: Request by C. A. Inglish, Senior Assistant Division Engineer, Southern Pacific Railroad, to abandon a portion of Mable Street, lying east of Loara Street, north of Broadway, and to rededicate a new alignment to be located southerly from abandoned street was submitted together with recommendations of the City Engineer that said abandonment be approved sub- ject to the following conditions: i. That the Applicant reconstruct the proposed new street to meet City of Anaheim standard street improvements and submit plans for same for approval of the City Engineer. 2. That the cost of removing existing street improvements, the cost of improving the proposed new street and any relocation of existing facilities be accomplished at no cost to the City of Anaheim. 3. That the proposed new street be dedicated at the time of abandon- ment of existing roadway.