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1973/03/1373.,~03 -- City Hall~ Anaheim? California - COUNCIL MINUTES - March 6~ 1973~ 1:30 PoM. The motion died for lack of second as it was felt if such an action was considered it should be by the total membership of the Council. Councilman Thom advised that this had prejudiced his feelings and that he could not now interview the firm of Adrian Wilson with objectivity. ADJOURNMENT: Councilman Pebley moved to adjourn to Tuesday, March 13, 1973, 9:00 a.m., for the purpose of recessing into Executive Session to hear architec- tural proposals for the proposed Anaheim Civic Center Complex. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 3:10 P.M. Signed ~~_ City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13, 1973~ 9:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Sneegas, Stephenson, Thom and Dutton COUNCILMEN: Pebley ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: M. R. Ringer Mayor Dutton called the meeting to order. RECESS - EXECUTIVE SESSION: Councilman Thom moved to recess to Executive Session for the purpose of receiving architectural proposals for the proposed Civic Center Complex. Councilman Sneegas seconded the motion. MOTION CARRIED. (9:15 A.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present with the exception of Councilman Pebley. (11:44 A.M.) ADJOURNMENT: Councilman Stephenson moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 11:45 A.M. Signed ~ ~~_~_~-~ City Clerk 73-204 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13! 19731 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph ~. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts RECREATION SUPERVISOR: Lloyd J. Trapp Mayor Dutton called the meeting to order. INVOCATION: Reverend Conradson of the Trinity Lutheran Church gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Minutes of the Anaheim City Council Regular Meeting held February 6, and February 13, 1973, were approved On motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESp~UTIONS: 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 Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $2,035,494.12, in accordance w{th the 1972-73 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-28~ VARIANCE NO. 2462 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Henry Wesseln, requesting a change in zone from R-A to R-3 on Portion No. 1 and the following Code waiver to estab- lish a one and two-story 33-unit apartment complex on Portion Nos. 1 and 2, pro- perty located at the west side of Velare Street, south of Orange Avenue, was submitted together with application for an Exemption Declaration Status from the requirement of filing of an environmental impact report: a. Maximum building height within 150 feet of a single-family residential zone. The City Planning Co~xaission pursuant to Resolution No. PC73-26, recommended said reclassification be disapproved and that the City Council re- quire the peitioner to submit an environmental impact report, and pursuant to Resolution No. PC73-27, denied Variance No. 2462. EXEMPTION DECLARATION STATUS: Following brief discussion relative to the envlr- onmental impact of the project and the requirement of filing a report, Gouncilman Stephenson moved it be the finding of the City Council that the impact of this project on the environment would be trivial in nature and that no environmental impact report be required. Councilman Pebley seconded the motion. Councilman Dutton requested a roll call vote: AYES: COUNCILMEN: NOES: COUNC ILM[N: ABSENT: COUNCILM~N: Sneegas, Stephenson, Pebley ~om and ~tton MOTION CARRIED. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area and advised that 73.205~' City Hall~ Anaheim; California - COUNCIL MINUTES - March 13~ 1973; 1:30 P.M. there are two parcels under consideration, the northernmost parcel is presently in the R-A zone and the southernmost portion is already in the R-3 zone. The variance requested applies to both parcels as it relates to the R-A church pro- perty to the west. Mr. Roberts outlined the concerns expressed by the Planning Commission at their hearing as follows: The opposition from R-1 homeowners in the immedi- ate vicinity; the inadequacy of the 27-foot turn around area as far as sanita- tion and emergency vehicles are concerned; the additional number of living units to be injected into the area and the attendant parking problems, which would compound the already existing parking problem. Mr. Roberts further advised that review of subject petitions for reclassification and variance has prompted the City Planning Commission to recommend that consideration be given to declaring a moratorium for multiple family residential developments adjacent to single-family uses until reevaluation of the R-2 and R-3 site development standards relating to on-site parking spaces and density has been conducted. These suggestions are made in light of the op- position to the proposed project expressed at the Planning Commission hearing by the adjacent R-1 property owners to the east, as well as complaints received from single-family homeowners living near apartments elsewhere in the City. In addition, Mr. Roberts reported that the proposed reclassification is not in conformance with the General Plan designation for this area which is low-medium density; the proposed R-3 zoning is a medium density and would allow two times the density of the R-2 zone. The City Planning Commission is concerned that the area is over building with multiple family developments. Councilman Pebley asked if the Applicant had indicated willingness to adjust his plans to accommodate a lower density, to which Mr. Roberts answered negatively. Recognizing there is some justification to request R-3 on subject parcel, Councilman Dutton concurred that perhaps the R-3 developments are becoming out of balance and observed that by-requiring the Applicant to submit an environmental impact report these problems migh~have been minimized to some degree. The Mayor asked if the Applicant or his Agent wished to address the Council. Mr. William S. Phelps, 1095 North Main Street, Orange, remarked that there are always problems inherent to development of transitional R-3 areas near R-1 uses. He noted that the adjoining properties are built with R-3 developments and the parking ratios are one and one-quarter and one and one- half parking spaces per unit. He contended that the R-1 tract owners do not always utilize their garages, thereby adding to the parking problem. This pro- ject he advised would add another 200 feet of finished curb which would obviate some of the parking problems. In answer to Councilman Pebley, he stated that he was never asked by the Planning Commission to reduce the density of subject project. He referred to statements in the Planning Commission Minutes, alledged to be his to which he took exception. In addition, Mr. Phelps stated that the only requested code waiver is to establish a two-story building within 150 feet of the church property, the R-1 property to the east of Velare Street would not be affected as they are more than 150 feet away. He stated it would cost an additional $10,000.00 to $12~000.0o to construct the project with a two to one parking ratio and con- tended this would be unfair as other developers in the City have not been re- quired to meet such a requirement. Councilman Thom referred to the Planning Commission Minutes, noting that one of the Commissioners had asked if the Applicant could lower density of the project and that his answer was negative in that he had to comply with his clients wishes. Councilman Thom thereupon read the excerpt from the Planning Commission Minutes. Mr. Phelps once again took exception to statements identified as his in the Planning Commission Minutes. He remarked in regard to density, that he 73-206 City Hallt Anaheimt California - COUNCIL MINUTES - March 13; 1973! 1:30 P.M. has designed to the standards and criteria set for the R-3 zone and has designed a maximum apartment unit with more than the required square footage, as well as two more than the required parking spaces and because of judicious planning can build to a density of 33 units to the net acre. Since he has complied with R-3 standards, he reiterated that in his opinion it would be difficult for Council to justify disapproval of this project. He further contended that the turn around area he has designed is adequate for emergency and sanitation vehicles. Councilman Pebley asked how the density of the subject apartment pro- ject compares with those already built to the north of subject property. Mr. Roberts, after some investigation, informed the Council that the apartment houses to the north were developed to densities of 29.8 units per net residential acre, whereas the subject project plans are for 34 units per net residential acre. Councilman Thom stated that he had no dispute with Mr. Phelps' ability to design to R-3 standards, however he noted that the Planning Commission felt that the property in question should be more appropriately designated R-2. Mr. Phelps maintained that he could, by utilizing tuck-under parking, design 33 units with two to one parking on subject property if it meant approval or denial of the project, but that he was not given an opportunity at the Com- mission hearing to suggest this. The Mayor asked if anyone else in favor or opposition wished to address the Counci. Mrs. Josephine Moretti, 2500 West Keyes, expressed opposition to the proposed apartment project stating that she feels that municipal government should be reactive to the wishes of the people and noted that a petition of opposition containing 38 signatures was presented at the Planning Commission hearing. In her opinion, zoning action are not protective of the single-family homeowner but rather to the benefit of the developer. She further stated that the issue before the Council is more than just permitting another apartment house to be built, it is the protection of her future environment which is at stake. She further objected to the apartment houses built on Webster Avenue with the v~ry high separation wall, which she finds extremely offensive. She urged that the Council reevaluate the standards on which the R-2 and R-3 zones are established as recommended by the City Planning Commission. Councilman Dutton referred to the similar surrounding land uses and indicated it would be difficult for Council to deny the owner of subject property the ability to develop his parcel in a like manner. He stated that each property owner is entitled to the highest economic use of his land. Mrs. Moretti reiterated that the construction of additional apartment units in her neighborhood would seriously jeopardise the quality of life in that area. In conclusion, she indicated that a lower density project would be less objectionable to her. Dr. Gary Grossbard, 648 Velare Street, stated he lives directly east of the proposed building site and voiced his objection to the proposed project citing the parking situation and the problems encountered by the R-1 property owners as a result of the transient population now living in apartment houses in the area. He stated that an environmental review should be undertaken by the City, and noted that even if a precedent has been set for R-3 in a particular area, the City need not continue development to that density. In his opinion~ the addition o£ another apartment house project will cause further deterioration of the neighborhood and will present both a physical and financial threat to the single-family homes. Mr. Ralph Lewis, 702 South Velare Street, stated he lives across the street from subject property and his opposition is based on the additional parking problems and traffic congestion which would result from the construction of more apartment units. He stated that he concurs with Dr. Grossbard's comments re- garding the proposed project. The Mayor asked if anyone else in opposition wished to address the Council; there being no response, offered the Applicant a few minutes for rebuttal. 73-207 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. Councilman Pebley asked if the Applicant would be willing to continue this hearing for the purpose of revising his plans to reduce the density of equal, or less than, the apartment projects to the north and also to include two parking spaces for each unit, so as to alleviate some of the problems. He stated that he personally, in light of the opposition expressed by the ad- jacent homeowners, could not vote to approve any plans of a density higher than the apartment projects to the north or with less than two to one parking as suggested by the Planning Commission. Mr. Phelps indicated he would accept the two weeks continuance and stated he would confer with his client regarding the revisions mentioned by Councilman Pebley. Councilman Thom expressed his opinion that any project with greater density than R-2 criteria would not be appropriate for the area. Councilman Stephenson felt that providing additional parking spaces would not alleviate the problem as it is caused by people who will continue to park on the streets rather than in the garages. In rebuttal, Mr. Phelps reiterated that with the apartment project the street will be finished and curbs and gutters will be installed and on-site parking will be provided. Further he stated that the street parking problem is not restricted to R-3 developments, but exists in R-1 areas as well. Councilman Pebley moved that the public hearing on Reclassification No. 72-73-28 and Variance No. 2462 be continued for three weeks to allow the Applicant time to revise plans so that the proposed density is equal to or less than the existing apartment projects to the north; to provide parking at a ratio of two spaces for each dwelling unit; to enlarge the turn around area at the rear of the project to what is deemed adequate by the Development Services Department. Councilman Thom seconded the motion. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 72-73-33 - REQUEST FOR ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Sherwood Professional Partnership, request- ing a change in zone from R-1 to C-1 at the southeast corner of Brookhurst Street and Niobe Avenue was submitted together with application for Exemption Declaration Status. The City Planning Commission pursuant to Resolution No. PC73-33, recommended said reclassification be disapproved and that an environmental impact report be required. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson, seconded by Councilman Dutton, it was the finding of the City Council that the impact of said reclassification on the environment would be trivial in nature and that no environmental impact report be required. MOTION CARRIED. Zoning Supervisor Charles Roberts described the location of subject property and surrounding land uses and zoning, noting that the Applicamt is requesting change of zone on two R-1 parcels in order to establish 28 additional parking spaces for the medical office complex located adjacent and southerly of subject property. Mr. Roberts advised that the plans submitted indicate that the two single-family residences will be removed and that masonry block walls will be constructed to prevent sight intrusion into the adjacent R-1 development in accordance with C-1 site development standards. The zoning history of subject parcel as related by Mr. Roberts in- dicates that a similar request was made in 1966 and at that time denial was reconm~ended by the City Planning Commission and subsequently reclassification disapproved by the City Council. The Medical Center presently provides 52 parking spaces whereas the parking required under present standards is 123 spaces. Further Mr. Roberts 7 3- 208 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973; 1:30 P.M. noted that the Traffic Engineer has reviewed the parking lot design submitted and recormnended that should the reclassification be approved, the plans be re- vised so as to have only one driveway onto Brookhurst Street. Mr. Roberts reported that the City Planning Commission has recommended denial of reclassification No. 72-73-33 and thereupon read the basis of said recommendation. Councilman Thom inquired as to how the City can assure, should subject property be rezoned to C-i, that the Applicant would not convert it to some other permitted use in the C-1 zone. The City Attorney asvised that if subject property is zoned C-1 as requested, to be used as parking for the existing offices, this would constitute a merger of these two properties and in order to convert to some other C-1 usage the owner would have to tear down all of the existing structures and rebuild, which presents a fair protection against alternate C-1 usage. The Mayor asked if the Applicant was present and wished to address the Council. Dr. Robert James Lamb noted the parking problem discussed in the p~e- vious public hearing and stated that his group is, with the proposal under con- sideration, attempting to alleviate a similar inadequate parking situation. He indicated several changes which have occurred in the area immediately surrounding the medical offices since the application made in 1966, specifically noting that apartments have been built in that area. In an attempt to supply sufficient parking, the medical group is currently leasing 33 parking spaces on a month-to- month basis which they may lose at any time. He noted that the existance of a law school directly south of the medical building has compounded the congested parking situation. Dr. Lamb concluded by stating that he feels the granting of the requested use would solve the parking problem and have the least amount of adverse impact on the neighborhood. Councilman Sneegas asked whether the Applicant was willing to dedicate the frontage required for improvement of Brookhurst Street to the ultimate width. Dr. Lamb replied that he thought this had been discussed and the medical group is willing to dedicate the required frontage to the south of subject property and that this had been one of the conditions of approval of the reclassification. Further he stated that he believed there would be sufficient space to improve the street across the entire frontage of their property without disturbing the existing structures and that the only loss which would result would be a land- scaped planter. City Engineer James Maddox concurred, and stated in answer to Councilman Pebley, that the City would replace all curbs and gutters as part of the construc- tion project. Mr. Richard W. Smock, Walker and Lee, 2050 Bellflower Boulevard, Long Beach, Agemt for the Sherwood Professional Partnership addressed the Council and offered to answer any questions regarding the existing situation or the proposal. Councilman Dutton then asked if anyone in opposition wished to address the Council. Mr. William J. Connally, 2173 Niobe Drive~ stated he has been a resi- dent of that address for over ten years and indicated on a wall map the location of his home. He agreed that the medical center requires additional parking, but noted that this deficiency existed when the medical offices were built and that the group had not made any allowances for future growth. He stated that when he purchased his home he had assumed that the neighborhood would remain residential and con~nented that with the exception of a few homeowners near the corner of Brookhurst Street, the majority of the property owners are long time residents who are interested in maintaining the residential character of this area. He referred to the ~~n presented at the Planning Commission hearing which con- tained approximately 30 signatures in opposition. 73.209 - City HallI Anaheiml California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.Mo Additionally in support of his opposition to the proposal, he cited the fact that the Applicants will obtain only 28 additional parking spaces while they need many more than that number. Also, he stated that he questioned the Applicants' motive since he considers that the value of the two houses to be demolished to create the parking lot is too high to make this plan economi- cally feasible. Further he stated he doubted that the medical group would go to such expense to provide a convenience for a clientele which is obviously already present without the parking spaces. Mro Connally commented that he thinks this proposal is a stepping stone to further C-1 office construction on the site, and that approval of the reclassification would set a precedent which would eventually contribute to the transition of "strip commercial" in the area. Mr. Geisler reiterated, in answer to Mr. Connally's concern regarding the use of subject property other than for parking, that in order to build on this site the owners would have to first tear down all of the existing struc tures. As far as coming back to the Council in the future with a new proposal, he advised that this is within anyone's right. Mr. Connally observed that once a property is zoned for such a use as parking, it is more easily converted to other uses than if it retained the R-1 designation. Councilman Pebley inquired whether subject parcels could retain the R-1 zone and the medical group apply for conditional use permit to allow park- ing. Mr. Geisler advised that this would be no more guarantee to preclude other uses than the present proposal, i.e.~ C-1 with a reStriction that it shall be used to provide parking for the existing commercial buildings to the south. Mrs. Carol Berggren~ 2166 Niobe Avenue, stated that her home'is two lots removed from the proposed parking lot site. She concurred with Mr. Connally's opinion that the present proposal to demolish the two existing homes to provide parking is not practical and she feels that the medical group has other plans for this property. She referred to the annoyances she already suffers as a result of the medical office building, such as noise from air conditioners and the fence that is falling down, and stated approval would place her property closer to the corner jeopardizing her environment. Mrs. Berggren felt that the present degree of maintenance and upkeep demonstrated by the medical group is further reason to distrust their motives. In addition, she noted that use of the two corner lots for parking will intro- duce a larger number of automobiles onto Niobe Avenue for ingress and egress. She related that Niobe Avenue serves as an access street for the local elemen- tary school. Mayor Dutton aksed if anyon~ else in opposition wished to address the Council; there being no response offered the Applicant a few minutes for rebuttal. Dr. Lamb related that the medical group has rented the two homes in question so as not to have them vacant~ and open for vandalism, which has oc- curred in the past. In answer to the concerns expressed regarding alternate plans for the property to be rezoned, Dr. Lamb reported that in his opinion, the value of these two homes was over estimated, and that the medical group would most likely be willing to sell them to Mr. Connally for approximately $2,000.00 each, if Mr. Connally wishes to find lots and move them. He reiter- ated that ~h~ir plan~ d~finit~ly ar~ for parking 0nly on subject pr0p~rty. Councilman Sneegas asked specifically who would use the new parking lot. Dr. Lamb replied that this would depend on whether they can maintain the lease on the property south of the law school, in which the employees are currently asked to park° In answer to Councilman Pebley, Dr. Lamb stated that the ownership of the two parcels under consideration is the same as that of the medical 73-210 C. it~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 13; 1973; 1:30 P.M. buildings, i.e., all of the property is owned by the 17 persons who comprise the Sherwood Medical Group. Councilman Pebley stated that this information should suffice to assure the homeowners that the property, once it is designated to be used for parking in conjunction with the existing medical buildings if the reclassification is approved, will not be used for other purposes. Mayor Dutton closed the hearing. Mr. Roberts advised that the Development Services Department has de- signed some alternate layouts for the proposed parking lot which they feel are more efficient, one of which would allow as many as 40 parking spaces instead of the 28 as proposed, and suggested Should this be approved~ that Council add a condition to approval of the reclassification that "prior to intro~'~ton of an ordinance to rezone the property~ the final ~rking lot plan be submitted for re- view and approval"° Dr. Lamb agreed to the suggested condition. RESOLUTION NO. 73R-88: Councilman Sneegas stated that the street widening pro- ject would make the corner houses even more undesirable for single-family resi- dential use,and although he shares the concern of the local residents~he feels that the change which would occur in the neighborhood as a result of this reclassifi- cation would not be that traumatic. He thereupon offered Resolution No. 73R-88, authorizing the preparation of necessary ordinance, changing the zone as requested, subject to the recommended Interdepartmental conditions with amendments thereto as follows, and with the addition of a condition designating that subject property is to be used for parking in conjunction with the existing medical center only and that final parking lot plans be submitted for review and approval prior to introduction of the ordinance: 1. That the owner(s) of subject property and the two(2) parcels to the south, all being under the same ownership, (Sherwood Medical Center) shall deed to the City of Anaheim a strip of land 60 feet in width from the centerline of the street, including a 15-foot radius corner return, along Brookhurst Street from Niobe Avenue to the south boundary of the Sherwood Medical Center for street widening purposes. 2. That all vehicular access rights to Niobe Avenue shall be dedicated to the City of Anaheim. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Brookhurst Street for tree planting purposes. 4. That a 6-foot masonry wall shall be constructed along the east pro- perty line and to the rear of the required 3-foot wide planter strip along Niobe Avenue; provided however, that the wall shall be designed in such a way as to provide corner cut-offs for adequate sight distance at the northeast and north- west corners of the property. 5. That any parking area lighting proposed shall be down-lighting of a maximum height of 6 feet, which lighting shall be directed away from the pro- perty lines to protect the residential integrity of the area. 6. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 7. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 8. That a final parking plan shall be approved by the Development §ervices Department, and any landscaped areas in the parking area shall be pro- tected with 6-inch high concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, 3, and 8, above mentioned, shall be completed. The provi- sions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 10. That Condition Nos. 4, 5, and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 11. That this reclassification is granted subject to the provision that subject property shall be used only for parking facilities for the medical center immediately to the south. ~ An,~heJ..~ ~,~'[if~>rni. a - CO[JNCI[, MTNIITE~ - Hnrc!~ A RESOI,UTION ()F TIlE (iI'iY COUNCII, OF TIlE CITY ()F ANAltET. M t,']NI'~T?~(: I)ETERMININ('; 'I'flAi FI'Y'J4,, L8 OF THE ANAItI,'[M MUNICTPAL COI)E RlqLATTN(; T~) /'.()NING SHOULI) B[£ AHI",NDBD AND TttAT TIlE P, OUNI~ARTES OF CERTAIN SltOUI, I) BE C[IANCI,;D. (77-73-3~ - C-l') R~ll Call Vole: Nt)t:(:: ~ ObN(:LLMEN: ,'d35~I']NT: (iOU Nt ,TLMEN: Thom None Thc Mayor declared Resol. ution No. 7~3R-88 duly passed and ad(,i,!, .i, CON'IINUED REQUEST - RECLASSIFICATION NO. 71-72-15 AND TENTATIVE TRACT MAP 7566 AND 7569: (Continued from February 27, 1973 for further investi, gation and port.) The City Clerk reported that request of Ronald J. Dickerson, (]r;~i,! Company of California regarding deletion of Condition No. 3 as amended, I{esolution No. 72R-214 has been withdrawn, per letter from Mr. G. Atm,~t'~'.~,~f., Grant Company of California dated March 12, 1973. WSthdL',mat c£ request was approved on mot~on by Co,maJlman 3,~:-',~,~a , ,~:cond~d by Coun(~ii:,at~ ;)tJtton. MOTION CARRIED. ..:NTINUED REQUEST - CONI)ITJONAL PERMIT~ ORANGE TREE MOBILEHOME PARK: (Contim~cd from February 6, 107g at request of the Applicant.) Request of Mr. John Stana[and, Vice-President, Campanula Properties, Inc., for conditional pc to allow the Orm~le {fcc Mobilehome Park, located cast of Douglass Stria(t, of Katclia Avenue, to operate while bringing their plumbing up to Code ~,tandard~, was submitted together with report from Development Services Depaq-tment~ and approved on mot5on by f'.t,uncilman Dutton~ seconded by Councilatan Stephenson, on ;: temporary b,~i~, ~aLd conditional permit to be issued annually dntil -:uci'L ti,.c a~ all "P" traps have been installed, as recommended by Deveiapm¢:nt ger- vices Department. MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Basil Banker for dinner dancing place permit to allow d.qncing at the Coronado Lounge: 1274 ,qouth Magnolia nightly from 9:00 p.m. until 2:00 a.m., was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code as reco,~ended by thv Chief of Police, on motion by Councilman Pebley, seconded by C,-,uncJlmav Stophenson. MOTION CARRIED. ENTERTAINMENT PERMIT: Application filed by James R. Howard, for entcr'tainment permit to allow fashion shows at the Anaheim Hyatt House Hotel, 1700 South Itarbor Boulevard, Monday through Saturday, 9:00 p.m. until 2:00 a.m., was submitted ~md ~.'rantcd for a period of one year, subject to the provisiom, of Chapter of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. APPLICATION - PUBI,IC DANCE HALL: Application filed by James R. Howard for public dance hall permit to conduct public dances at the Anaheim Hyatt House Hotel, 1700 South Harbor Boulevard, Tuesday through Sunday, 9:00 p.m. until 2:00 a.mo, wa~ submitted and continued one week to determine if a conditional use permit is required. APPLICNFION - PUBLIC DANCE: Application filed by Scan McNeeley~ on behalf of the Blarney Club for permi~ to conduct public dance~ March 17~ 1973~ at the Inn of Tommorrow~ 1110 West Katella Avenue~ from 8:00 p.m. until 1:00 a.m. was submitted and granted, subject to provisions of Chapter 4.16 of the Anaheim Municipal Co(lc and that four private security police officers be hired to police tim d~mca ~> recommended by the Chief of Police, on motion by Councitmm~ Tho,~, seconded ! . Councilman Pebley. MOTION CARRIED. (~it?~ Hall, Anaheim, California- COUNCIL MINUTES- March 13, .1,973, 1:30 P.M. .qTREFT SALE OF PORNOGRAPHIC PUBLICATIONS: Mrs. Ann M. Nielsen, 2408 East Underhill Avenue, addressed the City Council and related that her eight-year old son recently brought into their l~ome a newspaper publication entitled "Swing", which he had received through another minor who had purchased same on the street through a vending machine. She advised that the publication had a notation printed on tl,e front: "Not to be sold to minors," and expressed amazement and indignation that such materials are sold on the streets of Anaheim through vending machines where there is no control of who purchase t-he publication. She further noted that the City of Anaheim takes pride in being the home of Disneyland and in its family-oriented reputation, which she finds congruous when newspapers such as the Free Press, Swing and Mate are sold on the street in front of reputable businesses. She stated that she is vehemently opposed to such materials being sold on the streets where children are able t~o see and purchase them. She advised that subsequent to this incident with her son, she has contacted the Anaheim Police Department and signed a complaint against the publisher, which action she intends to pursue. She stated she is willing to cooperate in the removal of these items from the streets to the extent of allowing her minor son to purchase such material for evidence, if it might help. She asked whether the Council has the ability to take any action which would remove these items from vending machines on the City's streets. City Attorney Joseph B. Geisler advised that the Council could not order the removal of only those vending machines which sell the offensive literature, as that would be considered discriminatory, but that if they wish to they could ban all machines which sell newspapers. Councilman Pebley related a personal incident which illustrated this fact, and also referred to the lawsuit currently in progress against the City Council of Huntington Beach for their attempt to remove such material from the streets of that City. Sergeant Davenport of the Anaheim Police Department stated that the suggestion made by Mrs. Nielsen that her minor son be used to purchase this material for evidence would not be of any help since such a case could not go to court; a minor child cannot be used as a police agent. Further, if a juvenile does purchase a paper accidentally, the procedure would be to submit the evidence to the City Attorney or District Attorney who would then submit it for judicial review in order to assess whether or not the literature is considered "harmful." Sergeant Davenport further noted that at the present time these mater- ials have been removed from the vending machine racks and that there is a case pending in Superior Court. Mr. Geisler reminded Mrs. Nielsen that the Supreme Court, according to recent decisions, does not consider such material as pornographic. He advised Mrs. Nielsen, if she wishes to truly express opposition to the type of materials available on the streets, to write to the Supreme Court Justices and to her Senator and Congressmen stating that she wishes Federal Legislation in this vein, and to support ballot propositions such as the one which failed in the November, 1972 Election. REQUEST - EXTENSION OF TIME TO SIGN PERMIT - VILLAGER APARTMENTS: Request of Mr. George M. Supple, property supervisor, Pacific Plan, dated January 26, 1973, for a six-month extension to an existing sign permit for the Villager Apartments, 2421 East Ball Road, was submitted for Council consideration together with report from Development Services Department r~commending denial. Mr. Supple stated he is requesting the six-month extension of time for Sign Permit No. 1443 due to the high vacancy factor experienced in this particular apartment complex. Further, the extension would allow time to submit a proposal to combine the subject 170-square foot sign with the permitted 20-square foot on- site identification sign. Councilman Sneegas observed that the granting of such extension to this petitioner would generate similar requests throughout the City and that the Council should support the established sign policy. 73-223 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. Councilman Dutton moved that the request for a six-month extension of time to temporary on-site Sign Permit No. 1443, Villager Apartments, be denied. Councilman Sneegas seconded the motion. MOTION CARRIED. R_~UEST - DIRECTIONAL SIGNS - FIRST CHURCH OF CHRIST_zSCIENTiST: Request of Mrs. ~et~y Ta-~-~7 ~nn behalf of the Executive Board of the First Church of Christ, Scientist, dated February 15, 1973, for directional signs to be placed on Citron Avenue, at the corners of Lincoln and La Palma Avenues, was submitted for City Council consideration together with report from the City Engineer recommending that said request be denied. Councilman Stephenson moved that the request for directional signs for First Church of Christ, Scientist, be denied as recommended by the City Engineer on the basis that this would establish a precedent. Councilman Pebley seconded the motion. Roll Call Vote was requested by Councilman Thom: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Stephenson, Pebley, Thom Sneegas and Dutton None MOTION CARRIEDo CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held February 21, 1973, pertaining to the following applications were submitted for City Council information and consideration: VARIANCE NO. 2470 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application submitted by Kermada Corporation requesting the following Code waivers to estab- lish a 152-square foot free-standing sign in a required landscaped setback, and three free-standing signs on the main canopy, on M-1 zoned property located at the southwest corner of Katella Avenue and State College Boulevard, was submitted together with application for Exemption Declaration Status: a. Maximum number of free-standing signs. b. Minimum distance between free-standing signs. c. Minimum distance of a free-standing sign from abutting property line. d. Maximum area of a free-standing sign. The City Planning Commission pursuant to Resolution No. PC73-37, recommended that no environmental impact report be required and granted said variance 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. 2470. VARIANCE NO. 2475 AND ENVIRONMENTAL IMPACT REPORT NO. 84: Application by Anaheim Hills, Inc., and Texaco Ventures, Inc., requesting the following Code waivers, to establish a total of 76, R-1 zoned lots in two tracts on R-A zoned property located on the south side of Canyon Rim Road, east of Nohl Ranch Road was submitted together with Environmental Impact Report No. 84 and E.I.Ro Review Committee Analysis thereof: (Tracts Nos. 8215 & 8219) a. Minimum front setback. b. Minimum lot area. c. Minimum lot width. d. Lot width on cul-de-sacs and knuckles. e. Requirement that a lot shall not side or front onto an arterial street. The City Planning Commission pursuant to Resolution No. PC73-35, recommended that Environmental Impact Report No. 84 be adopted as Statement of the Council and granted said variance in part, denying waiver a. and granting waivers b. through e., subject to conditions. ~ity Hall, Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 PoM. ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Thom, seconded by Councilman Sneegas, the City Council accepted Environmental Impact Report No. 84 and Committee Analvsis thereof, together with City Planning Con~nission recommen- dation and adopted~ said report as the Statement of the Council. MOTION CARRIED. The City Council took no further action on Variance No. 2475. TENTATIVE TRACT NOS. 8215 AND 8219 (VARIANCE NO. 2475~: Developer, Westfield Development Company, and Anaheim H{lls/Texaco Ventures, Inc.; property located on the south side of Canyon Rim Road, east of Nohl Ranch Road. Tract No. 8215 contains 36 proposed R-1 zoned lots; Tract No. 8219 contains 40 proposed R-1 zoned lots. The City Planning Commission at their meeting held February 21, 1973, approved Tentative Map, Tract No. 8215 subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8215 is granted subject to the approval of Reclassification No. 71-72-44 and Variance No. 2475. 2. That should this subdivision be developed as more than one subdivi- sion, each subdivision thereof shall be submitted in tentative form for approval. 3. That a 6-foot, decorative, openwork wall shall be constructed at the top of slope adjacent to Canyon Rim Road on Lot Nos. 1, 2, 3, 4, 5, 28, 29, and 30, and a 6-foot, decorative masonry wall shall be constructed on the pro- perty line separating Lot Nos. 31 through 36 from Canyon Rim Road. Reasonable landscaping, including irrigation facilities, shall be installed within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be submitted to and subject to the approval of the Park- way Maintenance Superintendent. Following installation and acceptance, the pro- perty owner shall assume responsibility for maintenance of said landscaping to lot lines, regardless of the location of the walls. The City of Anaheim shall assume responsibility for maintenance of landscaping in the Canyon Rim Road right-of-way. utilities.4. That all lots within this tract shall be served by underground 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 6. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer and shall include construction of drainage facilities of a size and type sufficient to carry runoff waters originating from higher properties south of Santa Aha Canyon Road through said property to ultimate disposal as approved by the City Engineer. Reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 11. That Northridge Lane shall be constructed in accordance with the City o£ Anaheim standard for Hillside Collector Streets. 12. That prior to approval of the final tract map, final specific plans shall be submitted and approved in accordance with the provisions of the PC Planning Community, Zone. ' 13. That special brochures shall be prepared for the purpose of in- structing prospective purchasers of these homes on the proper maintenance and watering of landscaped slopes, as stipulated to by the developer. 14. That the developer of the tract shall include in the recorded co- venants, conditions and restrictions a provision that no fences shall be con- structed on the slopes facing the Anaheim Hills Golf Course, as stipulated to by the developer. 73-215 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M The City Planning Commission at their meeting held February 21, 1973, approved Tentative Map, Tract No. 8219, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8219 is granted subject to the approval of Reclassification No. 71-72-44 and Variance No. 2475. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That a 6-foot, decorative, openwork wall shall be constructed at the top of slope adjacent to Canyon Rim Road on Lot Nos. 7, 11, 12, 13, 14, 15, 16, 17, 36, 37, 38, 39, and 40, and a 6-foot, decorative masonry wall shall be constructed on the property line separating Lot Nos. 1 and 6 from Canyon Rim Road. Reasonable landscaping, including irrigation facilities, shall be in- stalled within the slope areas of each lot adjacent to the roadways and in the street parkways. Plans for said landscaping shall be submitted to and subject to the approval of the Parkway Maintenance Superintendent. Following install- ation and acceptance, the property owner shall assume responsibility for main- tenance of said landscaping to the lot lines, regardless of the location of the walls. The City of Anaheim shall assume responsibility for maintenance of landscaping in the Canyon Rim Road right-of-way. 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 6. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer and shall include construction of drainage facilities of a size and type sufficient to carry runoff waters originating from higher properties south of Santa Aha Canyon Road through said property to ultimate disposal as approved by the City Engineer. Reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 11. That Northridge Lane be constructed in accordance with the City of Anaheim standard for Hillside Collector Streets. 12. That a 30-foot wide easement for public utility purposes shall be provided across Lot No. 36 and/or Lot No. 37 as required by the City Engineer. 13. That prior to approval of the final tract map, final specific plans shall be submitted and approved in accordance with the provisions of the PC, Planned Community, Zone. 14. That special brochures shall be prepared for the purpose of instructing prospective purchasers of these homes on the proper maintenance and watering of landscaped slopes, as stipulated to by the developer. 15. That prior to the sale of Lot No. 40 of Tract No. 8219 or any street improvements, said lot shall be annexed to the City of Anaheim. 16. That the developer of the tract shall include in the recorded covenants, conditions and restrictions a provision that no fences shall be con- structed on the slopes facing the Anaheim Hills Golf Course, as stipulated to by the developer. On motion by Councilman Dutton, seconded by Councilman Sneegas, Tentative Maps, Tract Nos. 8215 and 8219 were approved, subject to the recom- mendations of the City Planning Commission. MOTION CARRIED. 73-216 City Hall? Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M~ VARIANCE NO. 2477 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Paul J. McGhehey, requesting th~ following Code waivers to establish a land- scaped contracting facility, utilizing an existing residence located within the required setback area on R-A zoned property located in the northeast industrial area, west side of Miller Street, south of Orangethorpe Avenue, was submitted together with application for Exemption Declaration Status: a. Required solid masonry wall. b. Minimum front setback. The City Planning Commission pursuant to Resolution No. PC73-38, recommended that no environmental impact report be required and granted said variance, granting waiver b. for a period of two years, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPT~0N STATUS: On motion by Councilman Stephenson, seconded by Councilman Thom, it was the finding of the City Council that the im- pact 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. 2477. CONDITIONAL USE' PERMIT NO. 1376 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Louis and Sharon Myers, requesting the following Code waiver to permit the establishment of a private educational institution (Braille Institute) in an existing residential structure on R-A zoned property located on the west side of Dale Avenue, south of Crescent Avenue, was submitted together with appli- cation for Exemption Declaration Status. Waiver: a. Minimum side setback. The City Planning Commission pursuant to Resolution No. PC73-39, recom- mended that no environmental impact report be required and granted said condi- tional use permit for a maximum of 70 students, subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman~Thom, seconded by Councilman Stephenson, it 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. 1376. The City Council took no further action on Conditional Use Permit No. CONDITIONAL USE PERMIT NO. 1378 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Jefferson Investment Affiliates, a Limited Partnership, requesting the following Code waiver to establish a private educational institution in con- junction with a seven-story hospital, on R-A zoned property located on the west side of Lakeview Avenue, north of Riverdale Avenue, was submitted together with application for Exemption Declaration Status: a. Minimum number of required parking spaces. The City Planning Commission pursuant to Resolution No. PC73-41, recom- mended that no environmental impact report be required and granted said condi- tional use permit subject to one condition. 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 said project would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The City Planning Commission took no further action on Conditional Use Permit No. 1378. CONDITIONAL USE PERMIT NO. 1187 - TERMINATION: The City Planning Commission pur- suant to Resolution No. PC73-42, terminated Conditional Use Permit No. 1187 on the basis that the petitioner does not intend to exercise the use granted. The City Council took no further action on Conditional Use Permit No. 1187. 73-217 ..~ity Hall, Anaheim, California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. VARIANCE NO. 2227 - TERMINATION: The City Planning Commission pursuant to Resolution No. PC73-43, terminated Variance No. ?227 on the basis that none of the conditions have been met and the petitioner intends to sell the pro- perty for another use. The City Council took no further action on Variance No. 2227. CONDITIONAL USE PERMIT .~Q~ .!301 -. EXTENSION OF TIME.: Request of Victor Hatoff, Chairman of the Board, Anaheim Tennis Center and Arena, for extension of time to complete conditions of approval to establish a private recreational facility on M-1 zoned property located at the northwest corner of Katella and Howell Avenues, was granted by the City Planning Commission, to expire October 17, 1973. The City Council took no further action on Conditional Use Permit No. 1301. FINAL MAP, TRACT NO. 7911.: Developer, L A County Land Company; tract located between the Santa Ana River and the Riverside Freeway, containing 50 proposed R-1 zoned lots. The City Engineer reported that said final map conforms substantially with the tentative map previously approved, and that required fees have been paid and recommended approval subject to receipt of required bonds and approval thereof by the City Attorney. On recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 7911 be approved, subject to receipt and approval of the required improvement bonds. Councilman Pebley seconded the motion. MOTION CARRIED. PROPOSED AMENDMENT TO TITLE 18 - CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE STATIONS: On motion by Councilman Thom, seconded by Councilman Pebley, public hearing was scheduled April 3, 1973, 1:30 P.M., to consider amendment to Title 18, Chapters 18.08, 18.27, 18.40, 18.44, 18.48 and 18.52, thereof and adding Chapter 18.61. MOTION CARRIED. CHANGE ORDER NO. 1 - WORK ORDER NO. 1507: On report and recommendation of the City Engineer, Councilman Stephenson moved that Change Order No. 1 to Work Order No. 1502, Anaheim Hills Golf Course Cart Paths increasing the amount of the contract by $1,769.01, be authQrized. Councilman Dutton seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. RESOLUTION NOS 73R-89 AND'73R-90 - AWARD OF WORK ORDER NOS. 671-A and 673-A: In accordance with recommendation of the City Engineer, Councilman Stephenson offered Resolution Nos. 73R-89 and 73R-90 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-89 - WORK ORDER NO. 671-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK. NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE FERN STREET STREET II~PROVEMENT, FROM BALL ROAD TO APPROXIM3~TELY 660 FEET SOUTH OF BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 671-B. (El Camino Gontracting Company - $2,669.00). RESOLUTION NO 73R-90 - WORK ORDER NO, 673-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA PALMA AVENUE - FEE ANA STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM WORK ORDER NO. 673-A. (El Camino Contracting Company - $4,072.80). 73-~15 City Hall, Anaheim, California - COUNCIL MINUTES - March 137 1973, 1:30 P.Mo Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-89 and 73R-90 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Pebley offered Resolution Nos. 73R-91 through 73R-95 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-91 WORK ORDER NO. 675-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE LEWIS STREET STREET IMPROVEMENT FROM APPROX- IMATELY 1069 FEET NORTH OF TO APPROXIMATELY 647 FEET NORTH OF KATELLA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 675-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened, April 5, 1973, 2:00 P.M.) RESOLUTION NO. 73R-92 - WORK ORDER NO. 806: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ALLEY IMPROVEMENT, FROM APPROXIMATELY 679 FEET EAST OF BROOKHURST STREET FROM MINERVA STREET TO BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 806. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened, April 5, 1973, 2:00 P.M.) RESOLUTION NO. 73R-93 - WORK ORDER NO. 1218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE RED GUM - LA JOLLA SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1218. APPROVING THE DESIGNS, PLANS, PRO- FILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTH- ORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened, April 5, 1973, 2:00 P.M.) RESOLUTION NO. 73R-94 - WORK ORDER NO. 8002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF CLAIR SUBSTATION AT BALL ROAD AND MAGNOLIA AVENUE, IN THE CITY OF ANAHEIM~WORK ORDER NO. 8002. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTH- ORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - April 5, 19737 2:00 RESOLUTION NO. 73R-95 - WORK ORDER N0. 8004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVEN- IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF SHARP SUBSTATION AT LA PALMA AVENUE AND PAULINE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8004. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC 73-219 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - April 5, 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-91 through 73R-95 duly passed and adopted. RESOLUTION NO. 73R-96 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution No. 73R-96 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Jed Development, Inc.; Donald H. Yoder; Reese E. Worden, Jr. and Mary C. Worden) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-96 duly passed and adopted. RESOLUTION NO. 73R-97 - EXCHANGE OF DEEDS~ ANAHEIM HILLS GOLF COURSE BOUNDARIES: On report and recommendation of the City Attorney, Councilman Sneegas offered Resolution No. 73R-97 for adoption authorizing exchange of deeds between the City of Anaheim and Anaheim Hills Inc./Texaco Ventures Inc., adjusting Anaheim Hills Golf Course boundaries. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTIN~ A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED ON BEHALF OF CITY. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-97 duly passed and adopted. PURCHASE OF EQUIPMENT - 19 TWIN SONICS: The Assistant City Manager reported on in- formal bids received for the purchase of 19 twin sonics for the Police Depart- ment as follows and recommended acceptance of the Police Devices and Supplies bid, since there is a 60 day delivery factor on the two other bids received, whereas this firm can deliver from stock. VENDOR TOTAL AMOUNT~ INCLUDING TAX George F. Cake Company, Berkley ....... $3,940.13 F. Morton Pitt, San Gabriel ........... 3,885.26 Police Devices & Supplies, Santa Clara ....... 3,958.08 On motion by Councilman Sneegas, seconded by Councilman Pebley, the bid of Police Devices & Supplies was accepted as the best bid and purchase authorized in the amount of $3.958.08, including tax. MOTION CARRIED. 73- 20 City Hall, Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. PURCHASE OF EQUIPMENT - 19 UNITROLS: The Assistant City Manager reported on informal bids received for the purchase of 19 unitrols for the Police Department as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ INCLUDING TAX George F. Cake Company, Berkley ........... $4,767.05 Police Devices & Supplies, Santa Clara ........ 4,792.99 Dunbar-Nunn, Anaheim ............... 3,890.25 On motion by Councilman Thom, seconded by Councilman Stephenson, the low bid of Dunbar-Nunn was accepted and purchase authorized in the amount of $3,890.25, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - FOUR (4) 84-INC~ TRIPLEX MOWERS: The Assistant City Manager reported on the recommended purchaje of four 84-inch triplex mowers and advised that one manufacturer, B. Hayman Company, has submitted a quotation for said equipment in the amount of $4,113.00, including tax. He thereupon recommended purchase be authorized. On motion by Councilman Sneegas, seconded by Councilman Pebley, pur- chase was authorized in the amount of $4,113.00, including tax, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF EQUIPMENT - EXHAUST HOOD AND FIRE EXTINGUISHER SYSTEM: The Assistant City Manager reported on informal bids ~eceived for the purchase of exhaust hood and fire extinguisher system for the Anaheim Hills Golf Course Clubhouse, as follows, and recommended acceptance of the American Food Service Equipment bid as the low bid received did not include the fire extinguisher system. VENDOR TOTAL AMOUNT~ INCLUDING TAX American Food Service Equipment ............ $6,745.00 Ace Fixture Company ................ 7,160.00 General Metal Products ............... 5,895.00 On recommendation of the A~sistant City Manager, Councilman Stephenson moved that the bid of American Food Service Equipment in the amount of $6,745.00, including tax, be accepted and purchase authorized as the lowest and best qualified bid, as the low bid received did not meet specifications. Councilman Dutton seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. PURCHASE OF EQUIPMENT - 69KV CABLE TERMINATORS (12): The Assistant City Manager re? ported on the recommendation from Electrical Division for purchase of 12 69KV cable terminators for the Clair Substation in the amount of $7,219.80, including tax, from Joslyn as the sole source which meets City specifications. On. motion by Councilman Stephenson, seconded by Councilman Pebley, pur- chase of 12 69KV cable terminators was authorized in the amount of $7,219.80, including tax, from Joslyn, as recommended by the Electrical Superintendent. MOTION CARRIED. PURCHASE OF EQUIPMENT - PILOT WIRE RELAYS: The Assistant City Manager reported on the recommendation from Electrical Division for the purchase of ten pilot wire relays and five neutralizing reactors for the Clair and Sharp Substations from Westing- house Electric Corporation in the amount of $12,173.70, including tax, as this is the only source from which said equipment is available. On motion by Councilman Stephenson, seconded by Councilman Thom, pur- chase of ten pilot wire relays and five neutralizing reactors was authorized from Westinghouse Electric Corporation in the amount of $12,173.70, including tax, as recommended by the Electrical Superintendent. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Stephenson. a. Claim submitted by Dorothea P. McCabe, for personal mental anguish and property damage purportedly resulting from arrest by Anaheim Police Department, on or about January 24, 1973. 73-221 City Hall~ Anaheimt California - COUNCIL MINUTES - March 13t 1973~ 1:30 P.M. b. Claim submitted by Roland D. Bontrager for personal property damage purportedly cause in collision with City vehicle, on or about February 6, 1973. c. Claim submitted by Mr. and Mrs. Edward Heinze for personal pro- perty damage purportedly cause by City vehicle backing into a parked car, on or about February 24, 1973. d. Claim submitted by Alvin Morris for personal property damage purportedly caused by City fire truck, on or about February 26, 1973. MOTION CARRIED. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM: It was moved by Councilman Thom, that permission to present late claim submitted by Attorney Louis M. Niven, on behalf of Samuel and Zella Freedman, for purported personal injuries sustained on or about April 22, 1972, be denied, as recommended by the City Attorney's Office. Councilman Sneegas seconded the motion. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Sneegas: a. City of Los Alamitos - Resolution No. 589 - Opposing an attempt to alter the method of distributing the Uniform Sales and Use Tax under the Bradley-Burns Uniform Local Sales and Use Tax Law. b. City of Berkley - Resolution No. 45,476N. S. - Opposing Moratorium on Programs Financed by the U. S. Department of Housing and Urban Development. c. City of Costa Mesa - Resolution No. 73-8 - Supporting the Placentia Unified School District in Urging the United States Congress to ap- propriate funds to complete the study of the Santa Ana River Basin Flood Hazard and giving reasons therefor. d. Orange County Board of Supervisors - Resolution No. 73-158 - Re: Summary Report of the Population Growth Policy and Development Strategy Study. e. Board of Education of Orange County - Resolution Nos. 4-73 and 5-73 - Proclaiming April 9-13 as Public Schools Week in Orange County and Pro- claiming April 2-6 as Special Education Week in Orange County. f. Community Redevelopment Commission - Minutes - February 14, 1973. g. Cultural Arts Commission - Minutes February 5, 1973. h. Orange County Mosquito Abatement District - Minutes - February 16, 1973. MOTION CARRIED. ORDINANCE NO. 3142: Councilman Sneegas offered Ordinance No. 3142 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-51 - C-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3142 duly passed and adopted. ORDINANCE NO. 3143: Councilman Sneegas offered Ordinance No. 3143 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-27 - M-l) RECESS: Councilman Pebley moved for a ten minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (4:05 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present with the exception of Councilman Pebley. (4:15 P.M.) COST/FEE STUDY ZONING APPLICATIONS: The City Clerk advised that a letter has been received from the Anaheim Chamber of Commerce, dated March 12, 1973, requesting 73"222 C£t¥ Hall, Anaheim, California = COUNCIL MINUTES = March 13, 1973, 1:30 P.M. That a decision on the Cost/Fee Study be postponed for a period of 30 days, to allow the Chamber time to present its position in this matter. Councilman Stephenson moved that consideration of the addendum to the Cost/Fee Study be continued to April 24, 1973. Councilman Thom seconded the motion. MOTION CARRIED. Councilman Pebley returned to Council Chambers. (4:20 P.M.) Mr. Gayland Compton, representing the Anaheim Board of Realtors, addressed the Council and stated that their review of the Cost/Fee Study and addendum thereto, has resulted in the recommendation that the City Council make use of the current Master Plan, or if this is not feasible, then modify or adopt a general plan which would be conducive to proper zoning for the City to elimi- nate the necessity for excessive zoning applications. He further stated that the Board of Realtors acknowledges that no Master Plan can be all-encompassing and therefore they request the Council in considering increase in zoning appli- cation fees, make some allowance for the small property owner. Mr. Compton stated that the Board of Realtors feel that taxpayers subsidy of Development Services Department is justifiable to a point, as the services provided yield benefits to the citizens in general, however they realize that in some instances costs become prohibitive and fee increases are necessary. They feel however that the increases proposed in the Cost/Fee Study, i.e., $400.00 per reclassification plus $1.00 an acre, regardless of the size of the parcel, will penalize the small property owner. They urged that considera- tion be given to a graduated or progressive fee scale, based on a smaller value as opposed to a larger value. Further he offered the services of the Anaheim Board of Realtors to cooperate with the Development Services staff in formula- tion of an equitable and practical proposal for increasing the zoning applica- tion fees. Councilman Pebley remarked that a reclassification ultimately benefits the individual property owner and inquired why the Board of Realtors feels tax- payers in general should subsidize costs involved in such actions. Mr. Compton answered that the Board endorses the concept that Develop- ment Services Department is a required Municipal service, similar to the fire, police and other services provided the citizens by Municipal government, and therefore a portion of the cost should be borne by the general taxpayer; however they recognize that there are instances where costs become prohibitive and they concur that increases are required to defray this. He stated that the proposed fee increase for reclassification to $400.00 plus $1.00 per acre would produce an inequitable situation in that a developer with one small parcel will pay $401.00 for his reclassification application and the developer who applies for reclassification of 50 acres will pay only $450.00, whereas the Development Services Department would spend a proportionately greater amount of time on the 50 acre reclassification. Councilman Thom suggested that an inverse scale be applied, forcing the charge upward as the amount of land increases. Mr. Compton outlined some other ideas discussed by the Board of Realtors which might be employed to arrive at equitable fees, which although they expect to be increased, they feel should be scaled proportionately to the size of the project. Mr. Mike Garan, member of the Board of Directors, Anaheim Board of Realtors, advised that in the discussions held jointly with the Planning staff, th~ Anaheim Board of Roaltor~ ~u~g~ted that the Council cons~er greater imple- mentation of the Master Plan and the possibility of expanding the definitions of permitted activities in each zone, and especially up-dating these definitions to 20th-century uses. It was felt that this would alleviate the problem by decreasing the necessity for variances and conditional use permits for the modern day uses, and as result the work load for Development Services Department, City Planning Commission and City Council would be reduced. VARIANCE NO, 2144: The City Council at their meeting held February 20, 1973 continued to March 6, 1973, and again to this date, for a full Council, the matter pertaining to Variance No. 2144 on which extension of time was denied, to allow Mr. Margulieux an opportunity to consult with the owners of the property to obtain authorization 73-223 ~ Anaheim-z_California - COUNCIL MINUTES - March 1319~__~_731:30 P.M. to apply for proper zoning, to relocate and rebuild the produce stand, and further to obtain necessary dedication for required street widening. Conditions reported March 6, 1973, on which dedication would be given were read, being briefly: that Mr. Herman Margulieux be allowed to continue and operate his business as a produce stand for a period of 24 months and that no improvements be constructed on the property (dedicated to the City) for and during this 24 month period. Mr. Scott G. Raymond, Attorney representing the Applicant and owners of the property, again advised of his possession of the deed, valued by Cedric White to be $45,000.00 for which they request Mr. Margulieux be allowed to con- tinue the use. He thereupon referred to petitions in favor formerly filed il- lustrating the desire of the community that the produce stand be allowed. As to the question of improvements, he advised that this could pos- sibly be an impediment for the business, and for that reason they were asking that no construction be done in front of the stand. However they would have no objections to other construction that the City may want to do along Cerritos Avenue. Mr. Raymond reported that Mr. Margulieux will close the business with- in two years, or if the Council says "no" today, he will close it within the time limitation established by the Council and that this intended action is based on the advice of his doctor. He again stated they ask continuance of what is in existence, and recognizing there have been problems, they were willing to do what they have to for the extension of time to the variance. Mayor Dutton asked if Mr. Raymond was aware of the fact that a con- dition agreed to by the property owners three years ago, that of dedication, had not yet been complied with. Mr. Raymond replied in the affirmative, and advised that the Rannows were under the impression that giving of the property to the City could result in immediate cost to them for improvements. Mayor Dutton stated that this was never his understanding of the situation, it was his understanding that improvements would not have been re- quired until the property was developed. He noted also that the Rannows re- quested the City several times to repair a drainage problem which could not be done without the easement she had agreed to give, because the City cannot go onto private property and make improvements. As to the petitions, Mayor Dutton further advised that in contacting some of the signers of the petition it was learned that various stories had been told, such as "the City was just arbi- trarily putting them out of business" Councilman Sneegas again stated; that he did not want to put Mr. Margulieux out of business, but he wanted to see the project brought up to Code; the dedication made so that the traffic problem at the corner of Euclid and Cerritos can be eliminated, and eliminate the traffic problem caused by ingress and egress to and from the stand. To continue another two years would not solve any of the existing problems. Mr. Geisler noted that according to the statements of Mr. Raymond, another travel lane could be installed on Cerrit0s Avenue and the intersection could be signalized with perhaps a left-hand turn lane on Euclid Street. It was further his understanding that another travel lane could be put on Euclid Street in front of the produce stand as long as it would not interfere with the business (to this Mr. Raymond agreed). Mr. Raymond reported that they would go on record agreeing to pay for any traffic signing necessary to alleviate the situation. Mr. Maddox, City Engineer, reported it was necessary to provide for another 12 foot travel lane on Euclid Street which would place the travel lane 7.90 feet from the building and perhaps the signing "right turn in only" -- ''right turn out only" and barricading, control of traffic might be possible. 73~-~24 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. Councilman Thom noted the Council had two opportunities, one,to accept the dedication with the conditions or, two, to close the business and not get the dedication within the foreseeable future. As a result the street would never be widened unless the City acquired it by eminent domain. Mr. Raymond was of the opinion that whatever work the City did at the corner of Euclid Street and Cerritos Avenue (curbs and gutters - signalization) could be assessed to the owners of property abutting the improvement as well as any work that might be done along Cerritos Avenue. As result the property owners could and would be faced with the obligation of paying some money for the immed- iate alleviation of some of the traffic problems. Councilman Thom moved that the conditional offer made by Mr Raymond be accepted. ' There being no second to the above motion, the Mayor declared the motion dead. Councilman Sneegas moved the extension of time be denied. Further discussion was held, and Councilman Sneegas stated his concern was, with the additional travel lane on Euclid Street, there still would be only 7 feet from the stand to the roadway, and at the present time, looking north from the parking lot the view is blocked by an embankment and brush. Mr. Raymond agreed to eliminate the embankment and remove the trees blocking the view. Mr. Margulieux advised (from the audience) that this could not be agreed to according to a State traffic inspector. Mayor Dutton noted also that the stand was not conforming to the site development standards as to the treatment in caring for storage and trash. To further clarify Mr. Margulieux' position, Mr. Raymond reported that Mr. Margulieux was going out of business in two years or in sixty days, and for him to tear down an existing structure and build another to conform to Code would be building something of a more permanent nature for a variance or use of only two years duration. Councilman Stephenson reported that at the last meeting, Mr. Margulieux agreed to the closing of the existing stand and building a new one. Mr. Raymond advised that this was correct and that he also advised the City Attorney's Office accordingly. However, at the same time, Mr. Margulieux' physician was advising him to phase out of the business so the situation changed, for health reasons, between the time that Mr. Margulieux made that commitment and now. Mayor Dutton noted that someone else could operate the business and called attention to his family which he understood would take over and operate the business. Mr. Raymond stated that this was not true, the children were going on to school and did not want to continue in the business. Councilman Stephenson noted that this would not rule out someone else taking over~ that someone else may be very interested in continuing the operation. At the conclusion of the discussion Councilman Sneegas offered another motion as a possible compromise, and moved that the action taken February 20, 1973, be rescinded and that extension of time to Variance No. 2144 be granted for one year to give him a chance to phase out the business on condition that the dedication be made immediately, and that they are to solve what traffic problems they can as far as ingress and egress is concerned. Councilman Dutton seconded the motion. To this motion, Councilman Thom voted "no". MOTION CARRIED. Mr. Raymond thereupon thanked the Council for their consideration. 73-225 ~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - March 13, 1973~ 1:30 P.M. Mr. Margulieux advised that he could guarantee that the Rannows will never give the City the required dedication. RESOLUTION NO. 73R-98 - AMENDMENT TO THE SALARY RESOLUTION: Assistant City Manager Robert Davis reported on proposed amendment to the Salary Resolution, to imple- ment recent changes in classification studies in various City departments; specific class titles involved are Asphalt Paving Leadman, Payroll Supervisor Event Services Assistant, Meeting Room Clerk. ' On recommendation of the Personnel Director and Assistant City Manager, Councilman Dutton offered Resolution No. 73R-98 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 72R-481 AND ESTABLISHING NEW CLASSIFICATIONS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-98 duly passed and adopted. SPHERE OF INFLUENCE - CITY OF ORANGE: Mr. Robert Davis advised that communication has been received from the Local Agency Formation Commission relative to deter- mination of a Sphere of Influence for the City of Orange with notification that hearings before that body will be held March 14, 1973. Mr. Davis advised that this communication indicates common boundaries between the City of Orange and the City of Anaheim, as established by mutual agreement over the years, relative to the Santa Ana River as the easterly boundary and the ridge line as the north/south boundary extending easterly into the Santa Aha Canyon area, are the boundary areas recommended as the Sphere of Influence as it affects the City of Anaheim. Councilman Pebley was of the opinion that the property owners involved along the affected boundaries should have some voice in the deter- mination of the Sphere of Influence and in which jurisdiction their property would be. Mr. Dick Doyle, Vice-President, Anaheim Hills, Inc., outlined the problem which exists in the southeast area of their property where the geo- graphically delineated ridge route boundary stops, which has resulted in one of their tract plans having boundaries in both the Cities of Orange and Anaheim. He stated they would like to have this problem resolved, and the sphere of influence determined where there is no ridge line, as it presents insurmountable problems in development. The City Council indicated that they feel that in those areas where no definitive geographical boundaries, such as the ridge line, exist that the individual property owners should be consulted as to their preference in the boundary determination. In addition, the City Council requested that a repre- sentative be present at the Local Agency Formation Commission hearing to re- late their position in this matter. POSITION STATEMENT - §OUTR~RN CALIFORNIA EDISON CONSTRUCTION OF 500 AND 220 Kit ..TRANSMISSION LINES: In accordance with recommendations of the Utilities Director, on motion by Councilman Thom, seconded by Councilman Stephenson, the City Council adopted the following position statement: POSITION STATEMENT OF THE CITY OF ANAHEIM WITH REGARD TO THE SOUTHERN CALIFORNIA EDISON COMPANY PLANS TO CONSTRUCT 500 AND 220 KV TRANSMISSION LINES "The Southern California Edison Company plans to construct a 500 and 220 kv transmission system to be designated the Fry Mountain- Mira Loma, Fry Mountain-Vincent and Mira Loma-Serrano 500 kv transmission City Hall~ Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. lines, and the Villa Park-Serrano 500 kv transmission lines. A portion of the proposed new construction will be located within the City of Anaheim. Construction is scheduled to start about October 1, 1974, and is expected to be completed about January 1, 1976. The City of Anaheim is interested in strengthening the trans- mission capacity between Southern California Edison's Lugo Substation and the City of Anaheim's Lewis Substation in order that the maximum transmission capacity will be available between these substations. This should make possible transmission of power for the City of Anaheim over these Southern California Edison Company lines in accordance with the "Principles of Interconnected Operation" agreed to by the City of Anaheim and the Southern California Edison Company. To this end, Anaheim has an interest in these transmission lines even though the lines will not be constructed entirely within the City of Anaheim. The City of Anaheim is satisfied that the Southern California Edison Company has exercised good planning practices in its determina- tion of routing of these transmission lines. Anaheim is also satisfied that Edison is making a strong effort to minimize undesirable environ- mental impacts because of construction of these facilities. Anaheim is aware that underground construction of these high voltage transmission lines is not practical at this time. Anaheim further recognizes the desirability of following existing transmission line corridors with new construction as a means of reducing the overall environmental impact on the communities through which the lines must be constructed. Because of its electric utility involvement, Anaheim is aware of the need to construct transmission facilities in a timely manner in order to meet the increasing electrical power needs of the electrical consumers. Anaheim supports the Southern California Edison Company in its efforts to secure the needed approvals to construct these transmission facilities". MOTION CARRIED. ORANGE COUNTY TRANSIT DISTRICT - BUS STOPS: The Assistant City Manager reported that proposal has been received for the establishment of 462 bus stops within the City of Anaheim in conjunction with operation of the Orange County Transit District Bus Lines which are scheduled to begin service April 13, 1973 on the Harbor Boulevard route and April 23, 1973 on all other routes. Mr. Davis advised that according to the agreement in effect between the City and the O.C.T.D., the City is responsible for installing and maintaining bus stops. The location of the proposed stops has been reviewed by the City Traffic Engineer and he is generally in agreement with these. The O.C.T.D. is to furnish the signs and the City to install same and perform the necessary painting of street curbs. Mr. Davis reported that the estimated cost for labor and material re- quired for bus stop designations is $15,000.00 which was not included in the 1972-73 Budget, and he therefore requested that this sum be transferred from the Council Contingency Fund. He enumerated the proposed routes to be served by the O.C.T.D. Councilman Thom moved that installation of the 462 designated bus stops proceed and that a sum not to exceed $15,000.00 be transferred from Council Con- tingency Fund for the associated labor and material costs. Councilman Stephenson seconded the motion. MOTION CARRIED, "SAVE MINERAL KING" MARCH - APRIL 14~ 1973: Request of Jerrold M. Klatt, on behalf of the save "Mineral King" Organization to march in the vicinity of Disneyland, April 14, 1973, and to assemble for this purpose at Stoddard Park was submitted for City Council consideration together with recommendations of the Director of Parks and Recreation and the Chief of Police. On motion by Councilman Stephenson, seconded by Councilman Thom, approval was given to the "Save Mineral King" Organization to gather at Stoddard 73-227 City Hall, Anaheim~ California - COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. Park and conduct a march April 14, 1973, subject to the recommendations of the Chief of Police and further subject to approval of final arrangements by the Police Department. MOTION CARRIED. AMENDMENT TO GREENBELT COMMISSION AGREEMENT: Councilman Sneegas reported that an amendment has been recommended to Page No. 2, Line No. 9, of the Joint Powers Agreement to establish the Santa Ana River and Santiago Creek Greenbelt Com- mission~ relating to powers to lease and dispose of real property, which would be amended to read "to lease and dispose of office space" which minimizes the powers of the Commission. ' On motion by Councilman Sneegas, seconded by Councilman Pebley, the aforementioned amendment to the Joint Powers Agreement establishing the Green- belt Commission was approved. MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNCILMAN PEBLEY: On motion by Councilman Thom, seconded by Councilman Sneegas, permission was granted to Councilman Pebley, to leave the State for 90 days commencing April 12, 1973. MOTION CARRIED. INCREASE IN RETIRED PUBLIC EMPLOYEES BENEFITS (SB-135): Councilman Thom asked whether staff had any recommendations to present concerning the request made by the Retired Public Employees Association, that the Council implement SB-135 and take affirmative action to provide increased benefits to retired employees. Mr. Davis assured the Council that preparation of the report is in progress and will probably be presented for Council action next week. RECESS - EXECUTIVE SESSION: At the request of the Assistant City Manager, Councilman Pebley moved to recess to Executive Session. Councilman Thom seconded the motion. MOTION CARRIED. (5:25 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (5:45 P.M.) GOLF PRO - ANAHEIM HILLS GOLF COURSE: Councilman Sneegas offered Resolution No. 73R-99 for adoption, authorizing employment of Mr. Robert Killion as Golf Professional for the Anaheim Hills Golf Course. Councilman Stephenson expressed his opposition to accepting Mr. Killion as a golf pro on the basis that he is not a member of the P.G.A. and consequently the course would not be recognized as a P.G.A. approved c6urse. He stated that the Anaheim Hills Golf Course has been a first class project and he would not be in favor of dropping standards. Councilman Dutton stated he has failed to see a single benefit or advantage to having a P.G.A. Golf Pro as far as the City is concerned. Councilman Pebley inquired as to whether Mr. Killion intends to be- come a member of the P.G.A. in the near future. Mr. Lloyd Trapp, Recreation Supervisor, introduced Mr. Robert Killion to the Council. Mr. Killion stated that he is a qualified G.P.A., Class A at this time and has his membership in P.G.A. but this will not be a Class A member- ship. He advised that under the rules of the P.G.A. he would be required, in order to obtain Class A membership, to have worked with a Class A, which was not the case, however his three years of experience will apply and he will be immediately qualified for membership upon attending the two required P.G.A. business schools. He estimated that he could become a Class "A" P.G.A. member in twelve months if that association approves his contract. Regardless who the pro may be, the Association must approve the contract for the course to be recognized as a P.G.A. course. In answer to Councilman Stephenson, Mr. Killion assured the Council that if the contract between himself and the City is acceptable to the Southern California Chapter, the Anaheim Hills Golf Course will be an approved P.G.A. course from the date of that contract. He further stated that he could fore- see no reasons for disapproval of the contract. 73-228 ADJOURNMENT: City Hall~ Anaheim~ California COUNCIL MINUTES - March 13~ 1973~ 1:30 P.M. RESOLUTION NO. 73R-99: Councilman Sneegas again offered Resolution No 73R-99 for adoption. · Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EMPLOYMENT OF ROBERT KILLION AS A GOLF PROFESSIONAL TO RENDER SERVICES FOR AND ON BEHALF OF THE CITY AT THE ANAHEIM HILLS GOLF COURSE. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley and Dutton NOES: COUNCILMEN: Stephenson and Thom ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-99 duly passed and adopted. Councilman Pebley moved tO adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 6:00 P.M. Signed ~.~__ ~. ~~ City Clerk City Hall, Anaheim; California -COUNCIL, MINUTES - March 20; 1973; 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY MANA~ER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. CITY~-CI~RRK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF ~EVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Ralph E. Cooke of the Magnolia Baptist Chruch gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. Mayor Dutton welcomed the students of the Government class, Anaheim High School to the Council meeting. RESOLUTION OF SUPPORT: A resolution supporting the National Blood Pressure Screening Program which is underway in the City of Anaheim, was unan- imously ratified by the City C~unctl and presented to Mr. Barrows, President of the Anaheim Chamber of Con~nerce. RESOLUTION OF CONGRATULATIONS: A resolution of congratulations to Clare Van Hoorebeke, Head Football Coach since 1950 at Anaheim High School, on the occasion of his retirement from active coaching, was unani- mously approved by the City Council. RESOLUTION OF SUPPORTs A resolution of support forthe California Angels of the ~nerican Baseball League, beginning their 8th season iR Orange County was unanimously adopted by the City Council.