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1973/08/14 73-651 City Hall, A,~_ bets, California- COUNCIL MINUTES- ~d_'_OUSt 7. 1973. 1:30 p,M, Mr. Watts repeated that the question p~sed would have to be answered after review of the specific Election. Code sections in question, Since these sections of the code are not tmaediately available at the meeting, he advised that any answer he could give at the precise ~oment would have to be guess york, which he assumed is not the type of answer requested, nor the type of answer he would be.~rllling to give. Councilman Thom requested that the City Attorney's Office research the matter and report back in one. week, to ~hich Nr. Watts agreed. AD_~aL~~L' Councilman Pebley moved to adjourn. Councilman Thom seconded the motion. MOTION CAI~IED. Adjourned: 4:05 P.M. City Clerk ~uoheimI California - COUNCIL MINUTES - August ~4! 19731 1:30 P.M. The City~Council of the City of Anaheim met in tesu}ar session. PILIS~ COONCILMEN~ Stephens~u, guesses, Pebley, Thom and Duttou AB~IT~ COUNCILt~N~ None Ft~ItlT~ Cl~ ~~t ~i~h A. ~rdoch ~ZS~TI~ ~SIST~ John Hardl~ ~SIST~ CI~ A~~ Alan R. Wa~ts ~SI~ C~ A~~t John H. bson ~I~ ~ ~ ~. ~ous~ Nayor Dutton called the meetin& to order. I~VO~TIO~I Reverend'Dick Alexander of the First Christian Church lave the Invocation.  couucihnau W. J. (Bill) Thom led the Assembly in the P/edge of leliance to the Flq. yApproval of the Minutes of the Anaheim City COunCil bSular Meetings held 31 and Ausust 7, 1973 wes deferred to the next reSulermoettus. 0 ILIAD - ORDINAH S AND I~BSO UTIOHSr- Councilman Thommoved to waive the rea resolutions, end that consent to the waiver of readin& is hereby siren by all Councilmen unless; after readtn& of the 'title, specific request is made by a Councilman for the readin& of such ordin- ance or resolution. Councilman Stephenson seconded the motion. MOTION UNANI- MOUSLY CARRIED. .T o F _ TH~ .IT~.~ Demands a~ainst the City in the amount o · 1973-7& Budlet, were approved. lqJLI¢ lll ,- CGKPLETIOH Or mmovlHSSTS. 1152 1 (~ T~ ~~ 27 ~ ~ I9.II'~V~.~)~ hblic ~azi~aa schedu · d ' th~s date to cOnsider co~ot~ction :of'~ro~mnt~ under'~apter 27 of the 1911 Improvement Act by'Paul F. Schlue, o~mer of property et 1152 North ' ICrae~er' Boulevard, and to receive protests or coeemnts thereon, in accordance with leSal notification.duly posted and mailed. Subject property is located on the east side of Kraemer Boulevard, between La Palms Avenue and CoronadO Street, 73-652 City Hall~ ~Lm~ California - COUNCIL MI,NDTES - ,August 14~ 1973! 1:30 P.M. The Mayor asked if the property owner was present and'wished to dress the Council. Mr. Paul Schlue, 2758 Parkdale Drive, Anaheim, stated that he has sold a portion of subject property to the City of Anaheim for right-of-way purposes with th~ understanding that the City would widen the street. Now it appears he is goin~ to have to widen the street and contended that even if this is City policy it is not equitable and if the City pursues this action he will have no recourse but to go to the Courts. Mr. John Dawson, Assistant City Attorney, related the history of events in connection with the current issue. He advisedthat for some time (initial request was made on September 29, 1966) the City had requested and attempted to obtain voluntary dedication for the purpose of widening and improving Kraemer Boulevard. This approach having failed, a suit of condemnation was filed which subsequently was settled out of court for a figure certain being approximately $1,900 for right-of-way plus an additional $150 to the property owner for the removal of a tree. Mr. Dawson remarked that the entire legal proceeding was handled in a normal manner, but settled out of court for a sum, which was apparently satis- factory to Mr. Schlue at the time. No statement of any sort was made at this time to the effect that the City would assume the cost of street improvements; that offer was made at the time that voluntary dedication was requested. He ad- vised that this has been and still is, to his knowledge, the City's policy in these matters, i.e., to request voluntary dedication, and in return the City pays for street improvement; if dedication cannot be obtained then condemnation pro- ceedtngs are initiated. Mr. Dawson advised, for Council information, that Chapter 27 of the Streets and Highways Code, Improvement Act of 1911 provides that ~henever 50% of a street is improved, upon demand by the City the property owner of an unimproved portion can be required to install the improvements. If the property owner fails to comply by installing said improvements within 60 days from receipt of notifi- cation, following public hearing, the City may proceed to install the improve- ments and the cost thereof, including incidental expenses placed as an assessment upon the real property in question. He further counseled that there has been a change in the 1911 Act to the extent that if, in the opinion of the City Council, the improvement is necessary, the requirement that 50% of the remainder of the street be prevlously improved, no longer applies. Mr. Schlue corrected'the figures given by Mr. Dawson as $1,800 for the property and $100 for tree removal and contended that he would never have agreed to accept the total sum of $1,900 if he knew that he would be required to assume the cost of installation of street improVements, estimated to be $3,000. Councilman Pebley informed Mr. Schlue that according to the policy that has been in effect for some 20 years if he would have dedicated the land, the City would have installed the improvements. He referred to Ball Road street im- provements as an example and noted that subsequent to the street improvement, adjacent properties usually increase in value. Mr. Schlue remarked that the City of Anaheim is the only city which has ever attempted to obtain from him a voluntary dedication of land. All other cities with which he has had dealings have offered to pay for the rights-of-way required and therefore this is not a co,non policy in his opinion. Councilman Thom was of the opinion that the usual policy of most cities is to ask for dedication of the right-of-way in exchange for Street t~provements. Mr. Schlue advised that he had offered to give the land required by the City if the City would in return deed to him a like amount of City property at the rear property line, and this offer was declined. Councilman Pebley in recapping the situation ascertained from the City Engineer that the estimated cost for street improvements along the 75-foot front- age of Nr. Schlue's property is $3,000; that previous offer had been made to him City Hal!, {~naheim, California - COUNCIL MINFI~S - Au~vst l&i, !9~3, 1=30 P.M. to install these improvements in return for dedication Of the property, ~hich was rejected; and that Hr. Schlue elected to accept $1,900 total payment for the property. In his opinion this was the result of a poor business Judsement. Councilman Sneesas referred to the fact that one of the requirements for chan~e in zone. is the installation of full street improvements, and ~hen a construction company builds a tract of homes, the costs for street improve- manes are passed on to the eventual property ovners, so that in all cases the property owners have paid for the street improvements. He remarked that this must be the case othez3eise taxes would have to be increased to pay for same. He further noted that the cost of the street improvements in 1966 was most likely not as high as $3,000. Mr. Schlue advised that the City acquired the property in 1971 and nothing was said about him bein~ required to put in. street improvements when the price for the property was agreed upon in 1970. City Engineer James Haddox read a copy of the letter dated September 29, 1966 addressed to Mr. Paul Schlue at 1313 Oak Avenue, Xanhattan Beach, requestin~ dedication of the property and stating that' in return for said dedication the City would bear all costs of engineering, grading, pavin~ and cleariu~ of the right-of-way for utilities that may exist. Mr. Schlue admitted that he had received that letter, but 2hat he had elected not to deed the ultimate right-of-way to the City as requested since that was not his policy, but his pOlicy was to realize ~hat the property was worth. He a~ain reiterated, durinS discussion, that the City's offer to install the hnprovements was not restated to him, and no notice 'was given that he would be required to bear the costs of improvesS the street at the time of condemnation procedure. Mr. Xaddox read a copy of the letter dated February 9, 1970 addressed to Mr. Paul F. Schlue, 21~ West 182nd Street, Apartment 2, Torrance, the fourth paragraph of which stated, "the City needs this dedication,.and the improvements installed, to clear the traffic hazard at this location. If a .property owner does not make a requested dedication, the .City.has the right to condemn the area needed, in the public's interest, and then have the improve- omnis installed at the property ernst's expanse." Mr. Xaddox advised that at this time the risht-of-way requirement was reduced to · bare minimum of 25 feet, to allow curb and gutter, pover .line easement and no sidewalk. Councilman sneegas pointed out to Mr. Schlue that he has benefitted in increased property value from the City's policy of requiring the ultimate right-of-way and also from the dedications made by other adjacent property owners, vhich provided adequate street access enabling industrial development. Nome he is b~ln~ requested to do nothing more than that which the other property ovners have already done, Considerable discussion ensued during which Mr. Schlue maintained' his position that there was misrepresentation at the t~ne of the condemnation pro- ceedinss in that he was not told, and had no awareness whatsoever, that the City would require him to put the street improvements in and therefore the situation is unfair. He advised that he intends to take action to block the City from proceeding with f~nprovements.on the property In question. At the request of the Hayer, the City EOAlneer again read. the appli- cable paragraph from the letter of February 9, Lg.?0. Hr. Schlue acknewlldsSe that he was aware of' this letter. The Hayer asked if anyone else wished to address the Council relative to the completion of street improvements fronting 1152 North Eraemer Boulevard~ there being no response, declared the hearing closed. 73-654 City H~I, ~aaheim, California - COt~CIL NINUTES - August 14~ 1973~ ~:.~0 P.M.~ Councilman Stephenson moved, that public hearing havin~ been duly held in which an objection from the property owner was received, it be the find- ing of the City Council that said objection be overruled. Councilman Pebley seconded said motion. MOTION CARRIED. In answer to Council inquiry, Mr. Dawson advised that the property owner has a period of 60 days from the date of notification, to complete the street improvements according to City sp~cifications. JUNIQRAND S~NIOR.C,J)LF RATES -ANAHEIM. MIINICIPALCOLF COURSES: Request submitted by Mr. James J. Mancini, 734 South Sherri11, regarding the establisfaaent of junior and senior golf rates at AnaheimMunicipal and Anaheim Hills C, olf Courses, was submitted for Council consideration together with reports from the City Attorney's Office advising that the special golf rates proposed may be of questionable le- gality,and from the Parks and Recreation Director recon~aending no change in pre- sent policy. Mr. Mancini presented a letter which outlined his proposal and several moments were taken for Council to read and review same. (Said letter is on file in office of the City Clerk.) Mr. Mancini addressed the Council expressing his opinion that the two municipal golf courses are not reaching their maximum potential in revenues. He reported that there is a slack period between the hours of 1:00 and 4:30 p.m. daily which he feels could well be utilized by junior and senior golfers. He further reported that he has noted play is slow in the mornings. (Mr. Manctni's letter p~poses that .junior high school age children and citizens over the age of 62 be permitted to purchase a monthly ticket which would enable them to play at reduced rates during these hours.. The suggested monthly rate for such a ticket was $18. To offset the costs associated with printing and handling of these cards it was recommended that an annual privilege card be required in order to qualify for the monthly golf rate ticket, said privilege card to be issued at the City golf courses, at $10 to $15 per year per member.) Mr. Hancini pointed out that this proposal would increase the City's revenues and at the same time al!ow those people who would like to play more often but cannot afford to do so at current rates, to utilize the courses during non peak hours. He estimates that if 140 players purchased the tickets at $18 per month, the Ctty would realize an additional $2,520 in golfing revenues each month. Councilman Pebley remarked that there is no way to determine that only 140 such special tickets will be. sold and presented the possibility that 500 tic- kets are sold, in which case perhaps people who are willing to pay the regular fee might not be able to get on the course or there will be a substantial number of golfers wishing toplay at the reduced rate which could not be acco~nodated. Mr. Mancini stated that before patronizing a golf course an individual must first call and schedule a starting time. He further advised that he has studied the situation carefully, through personal observation and contact and would not estimate that many tickets would be sold, although he personally would like to see more senior citizens become golfers as a result of this program. Councilman Pebley asked what ages would be designated as Juniors and remarked that he was not certain that the City could exclude high school or even college age students on the basis of ability to pay. Mr. Mancint rePlied that the reason his suggestion was made to extend the reduced rates to children of Junior high school age and under is that the City has been very generous in arranging tournaments for the high schools. He remarked that they do not wish to exclude any group, but these two categories were sug,~ ' gested because it was known that these groups required assistance. Nayor Dutton requested the City Attorney's opinion regardin~ the pro- posal'. ~ 73-655 City H&I[, Anaheim! California - COUNCIL MINUT~,S - August !4t 1973a 1:30 P.M. Assistant City Attorney Alan Watts rePorted that in light of the fact that the Federal and State governments are revising laws pertainin~ to discrim- ination on the basis of age and sex, there is some question as to whether or not these enactments would be applicable to this situation. In addition, Hr. Watts continued,the greater concern of the City Attorney's Office in connection with this proposal is whether or not it would be in conflict with the agreementwhfch was entered in order to finance the Anaheim Hills Golf Course, under which an operatin~ fund was established, for revenues from both courses. 'Among other covenants, in connection with this fund, there exists a promise made by the City not to take actton which wouldmateriaily affect said revenues adversely. Mr. Watts felt that the objective under the proposal is'one withwhich the City could agree but the means of accomplishment might present some diffi- culties. He agreed that the City should strive to increase the total amount of play on the courses as Hr. Mancini suggests, but.cautioned that if the City is sellin~ reduced rate cards to senior citizens who would otherwise have paid the full rate, the net effect would be a reduction in revenues. If the over- a11 amount of play is increased that would be a different case. Councilman Stephenson remarked that there are twilight rates available currently at both golf courses. Mr. Murdoch replied that the twilight fee is available after 3:00 p.m. in the winter and 4:00 P.m. in the s~m~er. He suggested that a similar arrange- ment could be employed during the hours mentioned by Mr. Mancini (1:00 to 4:30 p.m.). If these are determined to be "off hours", a special rate could be set durin~ this time period which would be available to any person wtshing to play at that time, and thereby no discrimination would exist. He further suggested that either starting times or cash receipts be tabulated to confirm slow hours. Mr. Mancini introduced Mr. Dell Kier who explained that the County of Los Angeles has a senior rate, available to citizens over 65 years of age, by which they charge $10 for a lifetime membership card which permits the citizen to play any municiapl golf course within the county for $1. The only stipula- tion is that they cannot make reservations to play, but must wait for openin~s. This permits efficient use of the courses, allowing the senior, citizens to uti- ltze them on slower days. Councilman Thom expressed his opinion that the Los Angeles County method.appears to be ideal. -~. Councilman Pebiey voiced the opinion that if any discount is given it should be made available to citizens of all ages and be on the basis of time, similar to the twilight rates currently in force. Councilman Dutton suggested that the matter be referred to the Parks and Recreation Department to determine what the "slow time", or "off-hours" are and to the City Attorney for:further consideration of the legal implications with reports returned in one week. At the conclusion of discu~sion, Mr. Mancint reported on much needed repairs in the restroom facilities at Anaheim Municipal Golf Course. ~NT~T..~ PERMIT: Application filed by Mr. Anthony J. Bor~es, for entertainment permit toallow a duo or trio at Senor Gordo's Mexican Restaurant, 919 South Knott ;Street, Thursdays, Fridays and Saturdays, from 8:30 p.m. to 1:30 a.m., was submitted.and granted for a period of one year, subject to provisions of Chapter 4.18 of the AnaheimMunicipal Code as recommended by the Chief of Police, on motion by Councilman Stephensofl~ seconded by Councilman S~eesas. MOTION CARRIED. ENCROACI~ENT PERMIT NO. 73-2E: Submitted by Mr. E. Chartrand, Supervisor, Kwikset, D[vision of~nhart Corporation, proposin~ to encroach acroes a public alley lo- cated south of Santa Ana Street, west of Atchison Street for the installation of an underground fuel supply line. ' Also submitted was a report'of the City ln~ineer reco~n~ndi~ approval. of said encroachment pemit subject to the line bein~ constructed as indicated in correspondence requestin~ encroachment dated July 13, 1973. 73=656 City M~I~ ~-h~_im! California - COUNCIL MINUTES - August 14~.1973~ !~30 P.M. RESOLUTIO~ NO. 73R-336: Councilman Stephenson offered Resolution No. 73R-366 f~'r adoption, .approv'in~ Encroachn~nt Permit No. 73-2E, subject to the recommen- dation of the City Er~ineer. Refer to Resolution Book. A ltI[SOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVIN(; THE TERMS AND COI~ITIONS OF AN ENCROACHNENT PERMIT AND AUTHORIZING THE NAYOttANDClTY CLERK TO'EXECUTE SAID ENCROACHNENT PERMIT WITH KI~IKSET, DIVISION OF EMHART CORPORATION. (73-2E) Roll ~all Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN~ None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-336 duly passed and adopted. FRE~-~_~R STI~_~T INTERCHAI~E OF THE SANTA ANAFRE~W_~Y~ Mr. A1 Jacobs of J. D. ..... Shane end Company addressed the Council and advised .that the purpose of his re- quest to appear is to urge the City Council to expedite the Freedman-Haster Street Interchange Project. He advised that he was present at prior discussions of this matter and was encouraged by Council's attitude, and their recognition of its importance and urgency Mr. Jacobs.proposed that the City Council direct that the City be ~e- presented at the meeting of the state Highway Commission in Los Angeles. November 14 and 15, 1973. In addition he suggested that the Chamber of Commerce and Community Redevelopment Commission be invited to attend as well, as the pro- Ject is a matter of interest to both of these groups. Mayor Dutton requested a status report on the Freedman-Haster Street Interchange Project from the City Engineer. Mr. Maddox replied that the project is presently progrs~raed.for Fiscal Year 197'7-78. He advised that he has met With Mr. Enutsen of the State Highway Division recently and discussion of this particular project revealed that due to the tight money situation, if anything, the project might be delayed. The only possibility for earlier construction w~uld be by greater monetary participation on the part of the City. Mr. Maddox reminded Council that the City's cost in this project Currently is $650,000. BOth Mr. Murdoch and Mr. Maddox concurred that the suggestion made by Mr. Jacobs regarding City representation at the State Highway Commission meetings was well taken and Mr. Maddox further advised that it is a good idea to have elected officials present as well. By general Council consent it was determined that the Council would be represented at the State Highway Commission meeting November 14 and 15,' 1973 in Los Angeles and that the Chamber of Cou~erce and Con~nunity Redevelopment Commis- sion be encouraged to'attend. CITY PLANNI~ CO~4ISS'!ON ITEMS: Actions taken by the City Planning Commission at their " meeting held July 23, 1973, pertaining'to the following applications were sub- mitred for City Council information and consideration: ENV_~_~AL IMPACT REPORT EXEMPTION STATUS: As re¢o~nende~ by the City Planning ~ission, on mo{'i~n '~ Councilman Thom, seconded by Councilman Sneegas, it was the finding of the City Council that the impact of the projects in the following zoning applications would be trivial in nature and that no environmental t~p. act reports or statements be required: Variance No. 2523 Variance'No. 2525' Variance No. 2530 Variance No. 2531 MOTION ~IED. Variance No. 2533 Conditional Use Permit No. 1~09 Conditional Use permi~ No. 1413 73=657 City H~,ll~ Amaheim! Califorai,a -, co~n~ClL Mlmrr~s, -,,,Auiust 1~,~ !973~ 1:30 1. VARIANC~ NO. 2523: Submitted by Automation Xndustries, to screen existing outdoor use with slatted chainlink fence on N-1 zoned property location the west side of Crescent Way, south of the Southern Pacific Railroad right-of-way, fur- ther described as 305 Crescent Way, with waiver of: a. Required masonry wall enclosing outdoor uses. The City Plannir~ Con~nission pursuant to Resolution No. PC73-157, granted said variance subject to conditions. Hr. Ronald Thompson reported that subsequent to the Planning Commission action, staff has learned that the existng chain link fence will not accOnnodate redwood slats as ~ere specified in Condition No. 4 of Resolution No. PC73-157. In addition, these are extremely difficult to obtain due to current shortages in buildin~material. Hr. Thompson reco~nended that the variance be set for public hearing and in the interim period it could be brought before the Planning Commission once again for possible revision of Condition No. 4 to allow slats of some other suitable'material. He further reported that this delay will ~ork no hardship on the Applicant. On motion by Councilman Sneegas, seconded by Councilman Stephenson, review of action taken by the City Planning Co~nission was ordered and public hearing scheduled October 9, 1973, 1:30 P.H. MOTION CARRIED. 2. VARIANC~ NO. 2525: Submitted by Lee C. Shammis toestablish a mini-ware- house on N-1 zoned property located on the east side of Brookhurst Street, north of Gramercy Avenue with waiver of: a. Minimum required number of parking spaces. The City Planning Commission pursuant to Resolution No. PC73-158, granted said variance subject to conditions. 3. VARIANCE NO. 2530: Submitted by Pacific Telephone and Telegraph to permit a mobile office on M-1 zoned property located on the north side of La Palma Avenue, west of Kraemer Place, with waiver of: a. Permitted buildings, structures, and uses. The City Planning Commission pursuant to Resolution No. PC73-1&O, granted said variance for a period of three years subject to conditions. 2530. The City Council~took no further action on Variance Nos. 2525 and 4. VARIANCE NO. 2531: .Submitted by Stanley C. Barto to establish a commercial business in a portion of an existing residential structure on P-1 zoned property located on the east side of Harbor Boulevard, south of Chartres Street and fur- ther described as 120, 122 and 122~ North Harbor Boulevard, with Waivers of:. a. Permitted uses in the P-1 Zone. b. Building setback from alley.. c. Building setback from property line. d. Recreational area. e. Standard refUse storage area. f. Minimum number of required parking spa~es. The City Planning Com~ission.pursuant to Resolution No. PC73-161, granted said variance for a period of tvo years subject to coflditions. The City Clerk advised that a letter has been received from Dr. Richard Oarabedian, 118 North Harbor Boulevard, dated August IO, 1973, vhich expresses concern regardins inadequate parkins in the iemodiat'e area of subject property. Councilman Pebley inquired as to how the PlanniuS Cosmission could grant the variance 'if adequate parking is not to-be provid~d~. 73-658 City H&~I~ ~ahe:Lmt California - COUNC~/, N.,INU'I~S - August 14, 1973~'.!=30' P.M. Hr. Thompson ansvered that the use had been originally approved in a residential structure as a home occupation and it is difficult with residential structures to meet all aspects of the Code. The Applicant proposes to operate a real estate business from this location, vhile maintainin~ his residence to the rear of the structure. He indicated at the Planning Conmission hearing that pri- marily the business would be operated by him and his daughter vould be employed part-time. One additional employee might be added but that is not contemplated for some time. Councilman Pebley asked if the Plannin~ Commission had stipulated in the resolution granting the variance that only t~o employees ~ould be pemitted, to vhich Nr. Thompson replied that there was ns. specific limit placed to that effect but that the Applicant hadstipulated to this provision. The Nayor reco~nized the Applicant, Nr. Barto, vho assured Council that although a third employee was mentioned and discussed at the Planning Commission hearing~ this was not considered advisable and he understood the variance was granted with the stipulation that he and his daughter only vould operate the business. He added that he intends to vacate the one residence adjacent to his and retain only one tenant-occupied structure and that consequently five parking spaces would be available. l~r. Barto infot~ned Council that his business is conducted primarily on veekends when there is parking available on the streets, however his clients would most likely not use the street parking since he deals with only one client at a time. He' advised that the reason he is requesting the. variance is that under the home occupation permit he could not erect a sign nor have his daughter assist him. Following discussion, ~rith' the stipulation that there would be no more than two operating the business, by general Council consent, no further action was taken o~ Variance No. 2531. §. V . HOe 2§33= Submitted by Richard L. Sinor to' construct commercial of ce ngonR- Soned property located at the southwest corner of Lincoln Avenue end Gilbert Street with waivers of: a. Hlnimum site area. b. Buildins height within 300 feet of a single-f~nily residential sons. The City Planning Co~ission pursuant to Resolution No. PC73-162, granted said v~riance,subJact to. conditions. rty located at the northeast corner of East Street end Sycamore Street, with waiver a. liininmm required number of perkins spaces. The City Planning O:mnissiou pursuant to Resolutionl~o. PC730154, granted slid conditional use pe~ 8ubJec~ to.condl~ions. 7. COHB~FXONAL USE PEitliXT NO. l&13~ Submi[ted by the International Church of the FourSqUare Gospel, to establish a 2,900 square 'foot addition to an axisttns church on C-2 and N-1 zoned property located at the northeast corner of Broadvay and lianchester Avenue, with waivers of= a. Ntnimmnnumber of parking spaces. b. Ninimmn front setback. The City Pl~_w~_ing Colm.i. ssiou pursuent..to Resolution Its. 1tC73-163, granted said conditional use permit subject to conditions. Subad,~ad by:Daniel t outdoor banquet £acili. dries on R'A zoned property located at the northvest corner of'l~elt Street end CerritoaAvenue. 73-659 City Na. ll~ Anaheim, California - COUNCIL MINUTES - August 14,, 1973, 1:30 P.M.: The City Planning Commission by motion granted a one-year extension of time to expire July 27, 1974. 9. CONDITIONAl, USE PERMIT NO. 1312 ? EXTENSION. OF TINE:, Submitted by Howard N. Ulber$ requesting a two-year extension of time to comply with conditions of approval for the establishment of a private education institutionwith dormi- tories, gymnasium, library, classrooms and an athletic field in conJunctionwtth a church facility and day care nursery on R-A zoned property located on the west side of Western avenue, south of Orange Avenue. The City Planning Conmaission by motion granted a one-year.extension of time to expire June 12, 1974 and amended Condition No. 1 of their Resolution No. PC72-125 to require payment of 60 cents per front foot for street trees per new fee schedule adopted by the City Council. 10. CONDITIONAL USE PERMIT NO. 939 - EXTENSION OF TIME: Submitted by Kenneth W. Holt requesting a one-year extension of time to complete conditions of approval to permit a private school and related facilities on M-1 zoned property located on the east side of Loara Street, south of Mable Street (Fairmont School). The City Planning Commission by motion, granted a retroactive exten.- sion of time'and an additional one-year extension of time to expire July 23, 1974. No further action was taken by the City Council on the above listed zoning actions. CITY PLANNING COMMISSION RECOMMENDATION REGARDING PUBLIC HEARINGS FOR REVISED PLANS: Recommendation made by the City Planning Cormnission at their meeting held July 23, 1973, regarding public hearings for revised plans was submitted for City Council consideration as follows: a. In the event the Planning Commission denies a project and revised plans are submitted between Planning CommisSion consideration and public hearing before the Council, which appear to be better than that considered by the Commission, the plans should be referred back to the Planning Commission before the Council consider them. b. Where significant changes have taken place in-the plans, whether the petition was contested or not, these should be submitted to the Cormmission to. determine whether a new public hearing should be set. c. Where onlY. minor changes occur or where the petitioner has incor- porated changes suggested by the Planning Commission, these need not be referred back to the Commission for consideration. The City Council having reviewed this recommendation, on motion by Councilman Thom, seconded by Coun¢ilman-Stephenson, accepted the City Planning Commission recommendation and adopted~ame as the policy of.the Council. MOTION CARRIED. REqUeST - TEMPORARY AUTOMOBILE STORAGE IN THE M-1 ZONE: (Previously discussed July 31, 1973. Report from Development Services Department dated August 14, 1973 was also submitted for Council information.) Mr. Ralph J. Carrel, Attorney for Mr. Frank Stephan, Pacific Coast Adjusters, addressed the Council and re- quested approval of a business license application for temporary storage of repossessed automobiles on M-1 zoned property at 1231 North Lemon Street. His client proposes to relocate his business from Garden Grove to this address, which site is perfectly suited to his needs. Mr. Carrel pointed out that simi- lar activities presently exist n~rby subject property such as the Volks- wagen complex which is one lot away, a parking lot, and service station activi- ties. His client proposes nothin~ but storage of automobiles on said property, however, there may be occasior~t~..tru~k.s and cam~rs,...and very rarely a boat on the lot. M~. C&=rel a~at~dN~. Stephan has assured htm~ u,~.well-as representatives of the City, th&~'~his business involves only ~heel vehicles, there will be no Unsightly collection'of, mtscellaneous personal property on the lot. - Mr. Carrel advised that the dedication and setback have already been provided for this property, and the lot proposed to be used is already screened. The Applicant has already proceeded, following discussionwith City represen= tatives, however without official approval, to prepare this'~roperty for this 73-660 City Ha, ll~ ~_~-_~h_etmv California - C0tII~IL M~NUT~S - Auxust 14, 1973, 1=30 P.M.: Mr. Carrel referred to the t~o different opinions received from the City Attorney's Office and advised that he concurs with the opinion as stated by Hr. Da~son in his memorandum of July 25, 1973 that temporary storage of autos is a permitted and appropriate use in the N-1 ~one. He cited the following per- mitred uses in the N-1 Zone and contended these are analogous to that which his client praposesl Auto trailer, camper and mobile home manufacture (which re- quires incidentil'_ parkin~ or storase); boat buildin~ (~hich also requires in- cidental storage); parking garage or structure; motor vehicle assembly new; service station, automobile or truck; and under outdoor uses automobile parking lots. He maintained that the only difference between the type of parking lot proposed by Nr. Stephan and that which is permitted pursuant to the Zoning Code in the M-1 Zone is the method of payment, i.e., instead of the individual o~ners of the vehicles paying for temporary storage, the person whose financial inter- ests the Applicant ~ould be protectin$'~ould be paying for their storage. Councilman Stephenson asked what the difference would be between this use and a tow service operation. Mr. carrel advised that primarily his client's operation~ould be more sightly in that he deals with operable, recently financed autos of current vin- tage. He assured Councilman Stephenson that it ~ould be unprofitable for the cars to remain on the lot for an extended period of time and that older, Junk cars are not usually financed. Mr. Carrel further reported that the Applicant has been 'in this busi- ~ss for so~e time and has the largest such operation in southern California. Further that.he is veil regarded in his profession and serves as a member of the Governor's Advisory Board concernin~ the regulation of this type business, there- fore he assured the Council they could expect a quality operationvhichvould abide by the standards they are attemptin~ to impose on this industry. He fur- ther reported that the amount of time a particular automobile ~ould be impounded on the lot would vary between a few hours to 14 days. In conclusion Mr. Carrel ~aintained that the only obstacle to his cli- ent's proposed ule as a matter of right in the N-l=zoae is a matter of semantics, beir~ that the exact verde "repossession automobile storage lot" is not included in the ordinance. Brief Council discussion ensued relative to amandin~ the ordinance to include the term repossession Iht as a permitted use, however there was some con- cern 88 to how the ordinance could provide for the reSulation of conditions under which such · use would be alloyed. Hr. ionald Thompson stated that the reason th~s use was not permitted originally in the a-1 Zone was the "rule by man" versus "rule by lm;" factor, since there are areas in the City where this use might be appropriate, however there are other H-1 areas where it would not, such as adjacent to. Automatics or the Waeuer-Lamhert Administration offices. It vas therefore considered at the time that this should be permitted only by conditional use permit. Au additional reason for requirin~ the conditional use per, nit procedure was to prevent the Develoixnent Services Department's staff from bein~ placed in the position of marki~ subjective decisions resardin~ these uses. Hr. Carrel reiterated that he would concur withHr. Dawon's opinion that the Ordinance as it is ~rritten does give them this particular right ~rlthout the co~ditional use pe~nit procedure. Councilman Pebley remarked that if this use were permitted as a matter of right then any of the these repossession activities would be able to operate their business io~ediately adjacent to a large.ne~.manuf&cturtn~ plant or admin- istrative office in the N-1 Zone. Further he felt that the conditional use per- mdt procedure would alloy the City' to regulate site developo~nt Standards for these Iota to insure that they do not become unsightly. : 73-661 City Hall! Anaheim! California - ~OUNCIL MIN~E$ - Au&ust 1~! 1973! 1:30 P.M. Councilman Sneegas concurred with Councilman Pebley that to permit repossession lots as a matter of right in the M-1 Zone would cause some dif- ficulties and cited as an example a current business within the City whose repossession operation is not an asset to the area. He further assured' Mr. Carrel that in order not to set a precedent which could cause difficulties it appears that there is no other way that the matter can be handled legally ex- cept through the conditional use permit procedure. On motion by Councilman Dutton, seconded by Councilman Thom, Mr. Frank Stephan, Pacific Coast Adjusters was authorized to proceed to operate a temporary storage lot for repossessed automobiles in the M-1 Zone on pro- perty located at 1231 North Lemon Street, at his own risk pending application for and receipt of required conditional use permit. MOTION CARRIED. RESqLUTION NO. 73R-337 - AWARD OF WORK ORDER NO. 695-A:. In accordance with recom- mendations of the City Engineer, Councilman Dutton offered Resolution No. 73R-337 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE L(YWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL ~, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDIN(I POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND CCgfPLETE THE FOLLOWING PUBLIC IMPROVEMENT~ THE ORANGEI~OOD AVENUE STORM DRAIN IMPROVEMENT FR~ APPROXIMATELY 1531 FEET EAST OF TO APPROX- IMATELY 986 FEET EAST OF WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 69§-A. (Stanich company- $25,423.83) Roll Call Vote: AYES .. NOES I ABSENT = COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCII/qEN= None COUNCILMEN= None The Mayor declared Resolution No. 73R-337 duly passed and adopted. PUBLIC IMPROVENENT. 'PROJECTS= Councilman Pebley offered Resolution Nos. 73R-338 and 73R-339 for adoption. Refer to Resolution Book. R~OLUTI0N N~)! 73R-338 - WORK ORDER NO. 698-Ai A RESOLUTION OF THE CITY COt~ClL OF T~ CI~ OF ~~ F~I~ ~D ~~I~ T~T P~LIC CON- ~~ ~D ~SSI~ ~QUI~ T~ CONS~UCTZ~ ~ C~ION ~ A P~LIC ~~~, TO WIT~ T~ NO~ ~CH R~ ~ R~ O~ RO~ S~ET ~- ~O~~ NORT~ST CO~R~ IN ~ CI~ OF ~~ W~K O~ER NO. 698-A. ~OV~ T~ DESIONS~ ~S~ ~OFILlS~ ~I~S~ ~ S~IFI~TI~S FOR T~ C~S~U~ION T~OFt ~HORIZ~ T~ CONS~UCTI~ 0F ~ID P~LIC ~- ~O~ IN ACCO~ WI~ SAID P~S~ SPICIFI~TIONS~ ETC. ~ ~ A~H- ORIZ~ ~ D~I~ T~ CI~ C~ TO ~LIC A N~I~ I~IT~ SR~ED PRO~S~S FOR ~ CONS~UCTION T~OF. (Bids ~o be ~ened - September 6, 1973~ 2=00 P.M.) RESOLUTION NO. 73R-339 - WORK ORDER NO. 2256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~AI~IM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE 'TIiE CONSTRUCTION AND C(lqPLETION OF A PUBLIC I]qPROVENENT, TO WIT: THE SAI~TA ANA CANYON ROAD WATER IMPROV~ FRON ANAHEIM HILLS ROAD TO MOHLER DRivE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 22§6. APPROVING THE DESIGNS, PLANS, PROFILES, DEAl/IN(IS, AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID 73=662 _City Hall~ ~eim! California - COUNCIL KINUTES - August 14~ 1973t ~:30 P.N. PUBLIC IZfPRO~ IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERXTO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened = September 6,. 1973, 2:00 P.M.) Roll Call Vote: AYE S NOES ABSENT COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILNEN: None COUNCILMEN: None The Mayor declared Resolution Nos. 73R-338 and 73R-339 duly passed 'and adopted. FINAl. A~C~PT~C~. - WORK ORDER NOS. 675-AAND 658-B: Upon receipt of certifications from th%"'Director of Public Works, Councilman Thom offered Resolution Nos. 73R-340 and 73R-341 for adoption. Refer to Resolution Book. RE~OLUT~)Iq NO. 73Ro3~0 - W...(~. ORDER NO. 67§-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIIEIN FllqALLY ACCEPTING THE CONPLETION AND THE FURI~ISHXI~ OF .ALL I:rLAITr, LABOR, SERVICES, .HATERIALS AND EQUIPHENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFOIL~CE OF ALL WORK NECESSARY TO CONSTRUCT AND CONPLETE THE FOLLOWING PUBLIC IMPROV~NT, TO WIT: THE LEWIS STREET STREET INPROVE~ FR(~f APFltOXXNATELY 1069 FEET NORTH OF TO APPROXINATELY 647 FEET NORTH OF KATELLA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 67§-A. (R. J. Noble Company) RE~OLUTII)N NO. 73R-341 = WORK ORDER NO. 6§8=B: A RESOLUTION OF THE CITY COUMCIL OF THE CITY OF AHAHEIM FXHALLY ACCEPTING THE COHPLETION AND THE FURMISHXNG OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUII:NENT AND ALL UTILITIES AND TItANSPORTATIOE INCLUDING POWER, FUEL AND WATER, ~ THE PERFORN..~CE OF ALL WORK NECESSARY TO CONSTRUCT AND CONPL~.TE THE FOLLOWING PUBLIC INPROVEN~NT, TO I/ITt THE, ORAN(Ii AVENUE STREET AND STORM DRAIN. II~V~, FR~ BEACH BOULEVARD TO WEST CITY LIMITS, IN THE CITY OF AI~AIiEIM, WO~ O~Dglt NO. 6§8-B. (Silveri & Ruiz Construction) Roll Call Vote: AYES': CO~CILNEN: HOES t COUNCII~I~N: Stephenson, Sneesas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos., 73R-3;40 and 73R-341 duly passed and adopted, [~.~OtJ~Illll NO. 73R=342 - Dg~S OP~,R~: Councilman Pebley offered Resolution No. 73R-342 £or adoption. ' Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN I~EI)S ~ ORDERING THEIR RECORDATION. (~eneral American Life Insurance Co~anyl C.C. & F. CoazMrcial Systems, Inc., et all Kenneth K. Keeoee~ La~rence R. Tan~tey, et al) Roll Call Vote: AvES: COUNCILMEN: Stephenson, Sneesas, Pebley, Thom and Dutton N~S: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared ResolutiOn No. 73R-3~2 duly passed and adopted. 73-663 City Hall, An.a~eim! Californi~ ~ COUNCIL MINUTES - August l&, ~973! 1:30 P.M. ..APPe.-~L OF LITICATION - FORNER CITY ENPLOYEEI JOHN WEHREN= Assistant City Attorney Alan Watts reported that the claim filed against the City for back wages by former City employee John Wehren has been tried in Superior Court and a Judge- .ment rendered against the City in the approximate amount of $15,000. He ad- vised that the City Attorney's Office intends to file an appeal with the Court of Appeals. At Council's request, Mr. Watts outlined the circumstances under which the former City employee's services were terminated. At the conclusion of the discussion, Council indicated agreement with the appeal of the Wehren case. .CLA.~ 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 Pebley, seconded by Councilman Thom= a. Claim submitted by Gustavo Rojas for personal property damage purportedly resulting from street light falling on vehicle, on or about July 11,' 1973. b. Claim submitted by J~Ms Clock for injuries sustained purportedly as a result of negligence by the City of Anaheim in street maintenance, or marking hazardous conditions, on or about June 13, 1973. MOTION CARRIED. ,RESO,~}TION NO, 73R-343 - UTILITIES.A(;RIt~IT NO. 7UT-4973! ',~,,ATE OF CALIFORi~IA: Councilman Stephenson offered Resolu~'ion No. 73R-343 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AHAHEINAUTHORIZING AND DII~CTII~; ~ MAYOR AND CITY CLEIL~ TO FO~CUI~ UTILITIES AORE~N~NT NO. 7Ut-~973 WITH TH~ STATE OF CALIFORNIA. (Raisiq manholes to grade on SantiaSoRoad, north of Lincoln Avenue, estimated cost $3,800) Roll Call Vote= AYES'= COU~CILN~N= NOES = COUNCILI~N; AB~NT = COUNCII.M~N= Stephenson, Sneegas, Pebley, Thom and Outton None None The Mayor declared Resolution No. 73R-343 duly passed and adopted. BIISOLIFFIOHNO~ 73R-344 -LZCENSE AGREENEHT - ATCHISON. TO, AND SAHTAFE RAILWAY Councilman Thom offered Resolution No. 73R-J~ for-~'ado~'-ption~ . Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AHAHEZH APPRO~ THE ~ ~ COmITIeS ~ ~IZI~ ~ ~Y~ ~ CI~ ~ TO ~C~ A LI~ ~~ ~ ~ AT~IS~ TO~ ~ S~A ~ ~ILWAY C~- P~ ~ ~IZ~ T~ PA~ ~F~, (~~TI~ OF 18 PA~ CON- ~OL ~ ~ OLI~ STATION) ($1~0 license fee) Roll Call Vote= AYES= COUNCILMEN= Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN= NOne ABSENT= COUNCII, NEN: None The Mayor declared Resolution No. 73R-3~4 duly passed and adopted. 73-664 City Ha~l~ ~gaheimt California - COUNCIL MINUTES - August 14~ 1973! !:30 P.M. RESOLUTION NO. 73R-345 - LICENSE AGREENENTWITH SOUTHERN CALIFORNIAED~SON COMPANY: ..... C~Unci~an sneegas offered Res~lution No. 73R-345 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT WITH SOUTHERN CALIFORITIAEDISON COM- PiNY FOR THE PURPOSE OF ATTACHING 66 ICV TRANSMISSION LINES TO POLES ON EDISON'S RIGHT OF WAY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID J~;REENENT. (Between Lewis Substation and the Katella Substation, $1,633 upon execution, plus annual payments of $72 per year.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-345 duly passed and adopted. CORB.~S~~: The following correspondence was ordered received and filed on motion bY Cou~llman Thom, seconded by Councilman Pebley: a. County Sanitation Districts of Orange County - Urging the City of Anaheim to vithhold support of the position the City of Westminister seeks to promote regarding passage of legislation designed to give each City discretion- ary control of the routes selected for rights of way in public streets by County Sanitation Districts and other similar districts. b.. City of Newport Beach -'Resolution No. 8061 - Urging the California State Legislature to enact legislation that will alleviate the tax burden on coastal zor~ cities having regional~public beach areas. c. City of Westminister - Resolution No. 1488 - Requesting clarifica- tion and investigation of citizen allegations of maltreatment of prisoners in the Or~e County Jail. d. City of Buena Park - Resolution No. §017 - Expressing its opposi- tion to public e~ployer-employee relations legislation. e. 0range County Mosquito Abatement District - Minutes - July 19, 1973. f. Financial and Operating Reports for the Nonth of June, 1973 for the City Treasurer's Office (corrected) and the Engineering Division. MOTION CARRIED. OF C~C~ ~0LUT~gN SUPPORTII~I THE CHINO N~tts S~ F~ A ~O~ON~ ~ ~eolu~lon of ~h~ ~eim ~ber of ~rc~ da~ed ~ulY 26, ~973 of the ~i~ Hills site for a reslonal airport faclliW and reques~i~ ~uncil of the City of ~ahetm iuves~isate a Join~ pMr8 ~re~n~ with cities to auppor~ the airport in th~8 area was ou~itted for City considera~ion. Mayor Dutton remarked that to his knowledge the only way to support this project is for the City Council to institute and offer to enter into a Joint powers a~reee~nt with the City of Chino, and any other neighborin~ cities, to conduct a feasibility study and enviromnental impact report on the project, and thereuponmoved that' the City Attorney's Office be. directed to proceed to prepare a Joint powers agreement to this effect. (The foregoing motion died for a lack of a second.) Assistant City Attorney Watts reported that a proposed Joint povers agreement was distributed to Council several months a~o and this could be revised and updated to include the feasibility study and enviromnental impact report for whatever action Council wished to take. However he cautioned that even in the plannin~ stages a rather substantial amount of money vould be involved for a pro- Ject of this ma~nitude and encompassing the ~nount of land proposed in the Chino Hills Airport Complex, and the cities~ interest might involve not only staff time but monetarily. Councilman Dutton stated that he has bsen assured that there ~ould be no expenditure on the part of the City but that Federal funds are available for this purpose. 73=66~ CiAZ Hallt Anaheim~ ~alifornia - cOUNCIL MINUTES - August 14~ 1973t 1:30 P.M~ CoUncilman ineegas inquired if the monies referred to by Councilman Dutton are received through the Federal Aviation Administration and derived from a portion of airline tickets, to which the Mayor replied affirmatively. Councilman Stephenson voiced his opinion that prior to undertaking any such feasibility study assurance should be obtained regarding the avail- ability of Federal Funds. Councilman Thom remarked that his concern, relative to the expenses involved parallel that of Councilman itephenson's,and suggested that a prelim- inary report-be submitted prior to the authoriZation-of any feasibility study. Mr. Watts advised that the City Attorney's Office together with Mr. Robert Davis, ~ho was appointed liaison between the City and Chino Hills Air- port Complex, could Jointly compile such a report, which~Ould encompass poten- tial problem areas, the financing available,and perhaps even a draft of a joint powers agreement, and brin~ the matter back to Council with this additional formation for any further actiOn. By general consent, the Council concurred that the City Attorney's Office be directed to prepare a preliminary report regarding the implications of initiating the feasibility study and environmental impact report, and fin- ancing thereof in conjunction with the Chino Hills Airport Complex proposal. On motion by Councilman Dutton, seconded by Councilman Thom, the resolution submitted by the Anaheim Chamber of Commerce in support of the Chino Hills site for regional airport facility was received'and filed. MOTION CARRIED. 0RDLIIANCE NO. 3201: Councilman Dutton offered Ordinance No. 3201 for adoption. Refer to Ordinance Book. I1~ OPJ)INA~CE OF T~E CITY OF ANA~Ellt /L~ENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (63) - M-l) Roll Call Vote=. AYES; COUNCILNF~: NOES; COUNCIL,qEN; A~$~.NT: COUNCIIJ4EN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3201 duly passed and adopted. ORDURE NO~ 3202: Councilman Thom offered Ordinance No. 3202 for adoption. Refer to Ordinance Book. AN OItDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZII~] AN ~ TO THE COFIItACT B~.T~EEN THE CITY COUNCIL AND THE BOARD OF A~IlNISTRATION OF'THE CALIFORNIA PUBLIC ENPLOYEgS' RETIP, ENENT SYSTEM. Roll Call Vote: AYES: COUNCIl,HEN: Sueegas, Pebley, Thom and Dutton NOES: COUNCILI~N:' None ABSTAIlqED: cOUNcILMEN: Stephenson ABSENT: COUNCIL/,I~Ni None The Nayor declared Ordinance No. 3202 duly passed and adopted. ~RF,~SOLI~IOIt NO. 73R-346 - .~IEND.ING ILIISOMJTION NO. 71R-~O8 (RE~-~SIFIc~?IONNO. ~ ~uncil~ Stephe~on offered ~solutionNo. 7~R-3~6 for adoption ~nd- i~ Resolution ~. 7IR-~8 to all~ separat· readl~ of ordinates as parce[s are ready to develop. Reffer to ~solution Book. A~SO~I~ ~ T~ CI~ CO~CIL OF T~ CI~ OF ~~ ~~ ~$OLWI~ ~0. 71R-~8. (Reclassification No. 71-72-5) 73-666 City Hall~ A~aheim~ California - COUNCIL MINUTES - August 14~ 1973~ !:$0 P.M. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom amd Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-346 duly passed and adopted. ORDINAN,CE NOT 3103: Councilman Sneegas offered Ordinance No. 3203 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-52 - C-l) ORDINANCE NO, 3204: Councilman Dutton offered Ordinance No. 3204 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-5 (1) - RS-5000) ORDINANCE NO. 3205: Councilman Pebley offered Ordinance No. 3205 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-17 - C-I) JOINT SWIMMING POOL CONSTRUCTION WITH ANAHEIM UNION HIGH SCHOOL DISTRICT: The City Manager reported on bids received for joint construction of the four swimming pools which are considerably in excess of the preliminary estimates. The City had set aside $310,000 from the 1972-73 and 1973-74 Revenue Sharing Funds for its portion of these pools, but the low bid to date is $199,000 per pool', and it is questionable that the school district will accept the low bid; the next low- est being $206,000 per pool. He asked whether Council wished to proceed on a joint participation basis with the high school district in light of this addition- al expenditure in the range of an additional $100,000 for the first two pools. Councilman Thom moved that the City proceed with joint construction, making up the difference in the allocation from the Council Contingency Fund. Mr. Murdoch felt it was unnecessary at this time to determine the fund or method of payment since it might be possible to take the additional amount from Revenue Sharing FUnds received the following year. The foregoing motion died for lack of a second. Councilman Sneegas inquired if the estimates are for essentially the same pools which were agreed upon originally. Mr. Murdoch replied affirmatively and explained that the difference between the estimates and the bids received stems partially from the fact that the estimates were made on the basis of pools without all of the additional con- struction required to accon~date the locker situation when using the school facilities as part of the public recreation program~ in addition to the infla- tion factor. 'In answer to Councilman Thom, Mr. Murdoch described the differences in the types of pools which are necessary for public recreation accommodation as opposed to school use. Councilman Dutton remarked that the Anaheim Union High School District has indicated that they have sufficient funds to proceed with construction of all four pools whereas the City has allocated $155,000 from the 1972-73 Revenue Shar- ing Funds and the 1973-74Revenue Sharing Funds for a total of $310,000, and per- haps this additional increment could be likewise deferred to future budgets. Councilman Sneegas referred to the problem of the condition of the water at the Western High School pool and asked what safeguards the CA'ty might expect against such a similar occurrence in these new'pools, the maintenance of which will be handled by the Anaheim Union High School District. 73-667 City Hall~ Anaheim~ California - 90UNTIL MINUTES - August 14f 1973~ 1:30 P.M. Hr. Murdoch advised that pool maintenance standards could be written into the agreement between the two agencies since to date no official agreement has yet been signed as regards to the joint construction project. By general Council consent, the commitment to participate in joint construction of swimming pools with the Anaheim Union High School District was reaffirmed. ,ADDITIONAL PERS,Ot~L - DEVELOPMENT SERVICES DEPARTMENT {BUILDIN~ DIVISION}: Mr. Murdoch reported on requirements for additional personnel 'in ~he Development Services Department (Building Division). He remarked that at the time the Budget was drawn up every attempt was made to keep the same level of personnel in the Butldin~ Division. It was felt that the City could maintain the same level of service with this number of personnel even anticipating the increase in buildinS activity. However, it appears from complaints received from build- ers that the City is fallin~ behind in adequate inspection levels, and on fur- ther investigation, it is felt that the level of service previously given can- not be maintained with current personnel. Some changes to internal procedures have also agitated the situation to some extent, which currently adds to the work load but will provide far more efficiency in the future. Mr. Murdoch advised that one of the factors which may have been over- looked in anticipating the current needs of the Building Division is where the work load is taking place (hill and canyon area) and the travel time necessary, plus the topography factor which inhibits access somewhat. For these reasons it is now recommended that additional personnel, specifically, one senior building inspector, two building inspectors and one assistant planner together with necessary vehicles and equipment be authorized. In addition, it is recommended, in order to generate the funds re- quired for the proposed additional personnel that the building permit and plan check fees be adjusted to the level recommended in the 1973 Uniform Building Code. These increases would off-set the cost of the additional personnel. .Councilman Thom asked whether this additional personnel requirement was apparent prior to adoption of the Budget. Mr. Murdoch replied that the Chief Building Inspector did feel at that time that additional personnel was warranted, however, it was suggested that an effort be made to maintain the same level of service without additional Per- sonnel, but this approach has not proven successful. Some discussion was held as to the tabulated supplement indicating the ratio of square miles, property valuation, and population per building inspector and Hr. Murdoch pointed out that this does illustrate that the Anaheim Building Inspectors, in comparison with other cities, are carrying a much heavier load. Even with the additional personnel requested, Anaheim would still be well below the personnel ratio as shown for these other cities. He advised that there are other changes proposed in the internal operations of this division, with reassignment of certain personnel for more efficient and practical use of their experience. On motion by Councilman Pebley, seconded by Councilman Dutton, the City Council authorized the additional personnel for the Building and Planning Divisions of Development Services Department as recommended (one senior building inspector, two building inspector~, one assistant planner). MOTION CARRIED. RESOLUTION NO. 73R-347 - INCRgASE IN BUILDING PERMIT AND PLAN CHECK FEES: Councilman Sneegas offered Re'~oi'~tion No. 73R-347 for adoption, repealing Resolution No. 71R-499 and adopting increases~in building and plan check fees as Set forth in the Uniform Building Code, 1973. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIN REPEALING RESOLU- TION NO. 71R-499 AND ADOPTING ANEW FEE SCHEDULE OF THE UNIFORM BUILDING CODE, VOLUME I, 1970 EDITION. 73-666 City Hall~ ~aheimt California - COUNCIL MINUTES - August 14~ 1973t ,1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No.' 73R-347 duly passed amd adopted. FIVE COVES PARK PROJECT: The City Manager reported that as a result' of .the unexpected approva! of orange County Revenue Sharing Funds for the Five Coves Park Project, the design for this should be accelerated. The design for the park at an estim- ated cost of $35,000 is the City's responsibility, as well as the obligation to provide the property for the parking lot which is currently City owned. To accel- erate completion of this design while concomitantly maintaining designwork on other projects such as Twila Reid Park, Riverdale Park, it will be necessary to hire part-time personnel under the supervision of the Design Section. In order to provide the $30,000 which will be required for completion of the Five Coves design, it is planned that the construction of new rest- room facilities for La Palma Park, previously budgeted, be postponed, i.e., these will be removed from the carry forward items and replaced by the design for Five Coves Park, both costs are the same. The Council indicated agreement to said substitution. ~REEI~.F~..T C~O~NITTEE APPOINTMENT: Councilman Sneegas reported that it is necessary to replace his appointee on the Greenbelt Committee, Mr. Jim Bush, who is moving from the City, and advised that he would be happy to receive recommendations from the other Council members for this appointment. ENTERTAINME~.. PEP, MIT: Application filed by Mr. Howard A. Rosch for entertainment per- mit to allow a two or three piece soft rock folk type band at the Ground Round, 1301 West Lincoln Avenue, daily from 8:00 p-m. until 2:00 a.m., was submitted and granted for a period of one year, subject to provisions of Chapter 4.18 of the Anaheim Municipal Code as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman. Thom. MOTION CARRIED. ..RECESS ...T E~UTIVE'SESSION:' Councilman Thom moved to recess to Executive Session, Counci~n Sneegas seconded the motion. MOTION CARRIED. (4:05 P.M.) ..AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4:20 P.M.) ADJ~NT: Councilman Sneegas moved to adjourn. Councilman Stephenson seconded the motion. NOTION CARRIED. Adjourned: 4:20 P.M. City Clerk