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1973/09/0473-709 CAtI~ H&II~ ~-_heim! California - COUNCIL MINUTES - September 4~ 1973! 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. AB SENT: PRESENT: COUNCII2fl/N: Thom and Dutton COUNCII2iEN: None CITY HANACER: Kelth A. Murdoch ASSISTANT CITY NANACER: Robert M. Davis ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dens M. Daoust FII/ANCE DIRECTORs M. R. Ringer AII~INISTRATIVE AID: Daniel D'Urso SCIENCE AND TECH~0LOGY ADVISER: William Armstrong Stephenson (entered at 10:20 a.m.), Sneegas, Pebley Mayor Dutton called the meeting to order. CIVIC CENTER PROTECT: Mayor Dutton acknowledged Glenn Johnson, Chairman, JoAnn 'Barnett, Vice Chairman, and other members of the Civic Center Joint Task Force and thanked them for their efforts to date. The MaYor also introduced Dan Rowland and Randy Bosch of Rowland and Rose, architects for the Civic Center Project. Mr. Bosch explained that Rowland and Rose has worked closely with the Joint Task Force for the last several months in determining a design for the Civic Center Complex keeping in mind: 1.) The need to maintain existing fac- ilities of the City in operation throughout phase construction of the new Civic Center; 2.) Utilization of existing properties within the determined study area, vhich is the area bounded by Lincoln Avenue, Anaheim Boulevard, Broad~ay and philadelphia Street, comnonly referred to as the "Super Block" for clarity purposes; and 3.) Determination of the effects of a new Civic Center on the City in terms of acting as a' catalyst for future City growth. Mr. Bosch pre- sented, and explained the folloving slides relatin~ to a civic ceutervhich best serve the City's need: 1. Circulation. 2. Parking. 3. Site use maximization. Site use minimization. 5. Site use options A. through G. 6. Council-City Hall interface. 7. Public-City Hall interface. 8. Mass in scale. 9. Schematic site plan A. through D. Mr. Bosch reported that the Joint Task Force favored Schematic Site- Uae'Option A.as the best plan for the Civic Center, ~ith orientation being given to both Lincoln Avenue and Anaheim Boulevard, creating an Open Space, such as a plaza, on both streets. He explained that Phase I constructionwould be dir- ectly behind the former Bank of America building; that Phase II construction included an eight-story to,er oriented to Lincoln Avenue with the Council Ch~nbers attached and expressed to it; that a tiered parking structure holding 600 cars per level, ~hich could be added to or deleted from would be constructed. in the middle of the Civic Center block; and that primary access to the center ~ould be from Claudina Street off of Broadvay. He further explained that in order to obtain the feeling of the Civic center, it ~ould be necessary to close a small portion of Claudtna Street, thereby creating a mall effect between the existing City Hall and the former Bank of America buildin~. Mr. Bosch noted that this plan left the required amount of open space needed to off-set the buildings, provide maximum functuality of the Civic Center, and allo~ the most feasible arrangement for development of the three primary corners of the "Super Block". Mr. Bosch then directed the Council's attention. to a model of the proposed Civic Center. Mayor Dutton thanked Mr. Bosch for his fine presentation. 73-710 City ~all, i-mhe/~, California - COUNCIL MINUTES - Sevtember 4. 1973. 10:00 A.M. The Council then left the Council Table and examined the model of Site-Use Option A. Mayor Dutton pointed out that the Task Force was unanimous in its choice of Site-Use Option A ud~ich would require the removal of the Bank of A~erica annex, subject to administrative analysis. City Hanager Keith ~hrdoch explained that by eliminating the Bank of America annex, Park and Recreation~ould not be moved into this facility until the complex was co~leted. Hr. ltirdoch advised that there is no current need to relocate them since some of the space pressure had been eliminated by moving the Park Division into the former Senior Citizens building on Chartres Street and leaving the Recreation Division in the church building on Anaheim Boulevard and Wilhelmina Street. He explained this does make Park and Recreation a split function, however, they could operate in this situation for a period of two to three years. Hr. ~rdoch advised that the plan proposed would allo~ the continued occupancy of the former Southern California Gas Company building located south of the alley on the east side of Claudina Street. He advised that Customer Service would move into the former Bank of America building and'the space presently occupied by them could be used for other administrative activities. Hr. Fairdoch stated it would have been helpful if the Bank of America annex could be used, however, in the light of the small square footage gained (7,000-square feet), it was felt that the confi~uration of the City Hall complex should not be modified, nor should the ultimate development plans for the complex be negated. Hr. ~hrdoch further explained that the primary advantage of Site-Use Option Ay as the considerable open space created on Lincoln Avenue and Anaheim Boulevard, ~hich would act as a catalyst or incentive for the redevelopment of the downtown area. He advised that ~he more traditional rectangular confi~ura- tions were less expensive, however, this angular configuration was best for redevelopment efforts, either conii~uration would serve administrative purposes. Councilman Thom requested Hr. Bosch to more fully explain the sequence in phasing with the proposed Plan A. Hr. Bosch, speaking from the model located in the center of the Council Chamber, indicated on the model that Phase I includes construction of a two-story buildin~ located in the middle of the complex containing 32,000-square feet and is planned to house Development Services Department and Public Works Department; that Phase II includes an eight-story tower oriented towards Lincoln Avenue to ~hich the Council Chamber would be attached and expressed; that Phase LI also includes the parking structure which will be constructed in the center of the "Super Block" and that the remaining areas of the complex would be constructed when economically feasible or required by staffing. Hr. Bosch clarified the fact that although the parking structure is scheduled to be constructed during Phase Il, it can be accomplished at any point in time. Councilman Sneegas noted that the Bank of America property was pur- chased at the approximate cost of the land only, and felt, therefore, it was economically advantageous to be able to center the project now as it relates to the ultimate plan rather than attempt to save the Bank of America annex at the cost of a lesser plan. City Hanager l~rdoch pointed out that use of the former Bank of America primary building located on the north Side of the alley adjacent to Claudina Street would be utilized until the completion of Phase II. Councilman Thom asked for an explanation of the Klopping decision. Assistant City Attorney Alan Watts explained that the ICloppin~ decision was a decision rendered in the late 1960's in the case of lloppin~ versus the City of I~ittier. Briefly, he stated, the City was acquiring properties for re- development in the downtown areas, and the City Council took certain actions, nmaely initiation of cond_._-~mtion proceedings, which essentially placed a cloud on various private properties in the redevelopment project. A couple of pro- perry owners sued the City, claiming they lost tenants and rents as a result of 73-!11 ~ ~it?~la!l. A~batm. California - COUI~ILKiKO~ES - Sentember 4.1973,I 10:00 A. 14.~ Council action. The Court ruled the owners could recOver essentially on reverse condemnation if damage to the property as a result of CoUncil action could be proven. Mr. Watts surmised from the presentation made today that perhaps the City would be acquiring property and cautioned the Council to at leastbe co~- nizant of the effects of the Klopping Decision. Councilman Thom stated that prior to any "definitive" action on the Civic Center Complex, he would insist upon economic information about the land in question and legal implications on decisions which the Council may make. Mayor Dutton advised that because of the [loppins Decision, the Joint Task Force has been extremely cautious in their recommendations. Councilman Stephenson asked if the Civic Center Project would be a part of Project Alpha, to which Hr. Watts replied at the present time it is not a part, however, as an alternative, it could conceivably work into the redevelopment plan. Councilman Stephenson expressed the concern that the City have a workable plan and the means to accomplish it prior to taking any action. He related situations in cities where redevelopment projects were dormant for years before any construction or improvements were made. Councilman Thom stated it was his feeling that the City should ob- tain cost figures before making any decision on the Civic Center Complex and determine if and ho~ any portion of the cost could be interfaced with urban redevelopment. Other members of the Council concurred with Councilman Thom. Mayor DuttOn pointed out that perhaps the course of action to take at this time would be to pursue Site-Use Option A and obtain the pertinent cost information. Mr. ~hrdoch advised two items are dependent upon an expression by the Council of which option to pursue, one being to advise the architect not to consider the Bank of America annex in their plans. Mr. ~ordoch stated the architect has already been given an indication not to consider it and if Council feels contrary to this approach, they should so indicate at this time. Mr. ~airdoch stated the second item needing direction is the activity of the architect, who has been givm the responsibility of desisning a building, and who must be given sufficient direction by the Council in order to proceed. He suggested that the architect advise what decisions are needed at this time in order to proceed. As to cost figures, Mr. Nurdoch explained that it is only possible to obtain estimates based upon impressions ofvalue, which maychange. He stated that even after obtaining cost figures, the Council must knov the means by which the costs are to be met. Dan Rowland, architect, advised he needs at this time concurrence from the Council that location of Phase I is a proper location so that they can move ahead in an orderly fashion with the design of the building. Rovland explained that Phase I does eliminate the former Bank of America annex. Councilman Stephenson asked if Phase I was set far enough back from Lincoln Avenue and Anaheim Boulevard so as not to require demolition of any existin~ buildings along the street frontages, to which Hr. Rowland answered affirmatively, notin8 construction vould stay should of the alley behind the bank of America building. Mr. l~rdoch pointed out that Phase I does, hovever, project acqui- sition of the Willdan Ensineerins Company property vhtch includes a ?,000- square foot building, and is located on the west side of Claudine Street, i~mediately south of the parking lot, which must be acquired regardless of the confi~uration selected for the Civic Center. He advised they have been negotiating with Willdan and they are willins to Jointly employ a mutually acceptable appraiser to determine the value of the property for purchase at the apprtased figure. Mr. Fairdoch explained that Willdan has been vorkin~ on 73-712 City mall, ~etm. California - COUNCIL MINUTES - Seotember 4. 1973. 10:00 A. IL plans for remodeling and expansion, however, if the City must ultimately acquire the property, they would prefer to sell now. Councilman Sneegas voiced the opinion that appraisal of the Willdan property~ould be the first logical step to pursue since acquisition of that property is vital to any configuration of a civic center in this area. Hr. l~lrdoch stated along with authorizing negotiations for acquisition of the Willdan property and advising the architect to proceed with design of Phase l, the closing of a portion of Claudine Street should also be considered. Hr. Rowland explained that only existing City o~ned properties would be affected by the closure of a portion of Claudine Street and that there is no satis- factory development of the property that does not include this closure. Regarding the acquisition of the Willdan property, Councilman Thom asked if any dotter a=ounts were discussed with the owners. Hr. Nurdoch answered that only an approach to obtain figures has been discussed and that since an improved building and land were involved, without an appraisal, no accurate market value could be determined. Assistant City Attorney Watts cautioned the Council that if they author- ize the contract with Willdan Engineering to mutually employ an appraiser to deter- mine the market value of the property, they must be prepared to make the actual purchase. Hayor Dutton asked the City Hanager if monies were available for the purchase of the Willdan property. Hr. F~rdoch replied there are many variables in the availability of funds; that the answer depends on Council's intent whether to proceed with a portion of construction or complete construction in which case a bond issue may be necessary; or to proceed under phase construction in which case Revenue Sharing Funds could be used. Another variable to be considered is the fact that the com- mercial activities proposed in the Civic Center ~ould logically fall within Pro- Ject Alpha and under this redevelopment concept would be eligible for Project Alpha funds. He advised he could have some answer by this afternoon's meeting, however, without knowing the market value of the property, his answer would be based upon an estimate only. Mayor Dutton expressed the opinion that in order to build most economi- cally, the Civic Center should be completely built at once, and use a combination of Revenue Sharing Funds and a bond issue to finance the construction. Councilman Stephenson felt that citizens recognize the need and neces- sity which exists today for a Civic Center, and that construction should be com- pleted with a bond issue approach to financing, without use of Revenue Sharing Funds. Councilman Thom concurred with the Mayor's suggestion of the combina- tion of the Revenue Sharing Funds and a bond issue, however, preferred phase construction in order to "pay as you Councilman Sneegas preferred to proceed without incurring additional bonded indebtedness, and felt use of the Revenue Sharing Funds and phase con- struction was better. Assuming that Council wants to purchase the property, Hr. ltzrdoch asked if the approach of employing a mutually acceptable appraiser, with the City and Wtlldan Engineering cousnitted to accepting the determined value, ~as the appropri- ate manner in which to proceed. By unanimous consent, the Council agreed. Hr. ltirdoch advised that he was Just informed that the Assessor's market valuation of the Willdan property is $75,080.00. Councilman Pebley questioned the $75,080 fignre, surmising that the buildin~ is 7,000-square feet and rents for 30 cents a square foot per month, or $2,100 a month or $24,000 a year. He advised that land is normally wot'th eight times its yearly income, or in this case approximately $193,000.00. 73-713 Rall~ A~sheim. California - COUNCIL ~r~U~g. $ - SeptmSer &~. 1973~_ 1~..00 A.M. The Council unanimously agreed tha~ ~t~res ~st be obtaleed first and e~lo~ent of an appraiser vas the m~ner in,ich t~ obtain ~. ~rdoch stated he ~uld try to obtain accurate fibres of ~he value of the ~illdan property. He asked Council to maba determination a~ the afternoon mee~in~e~her ~o purchase the proper~y n~, and if so, ~eCher ~o purchase it on the basis of the appraiser's value, c~i~in8 in advance the acceptance of ~he appraiser's value, or obCainin~ ~he appraisal first, prior ~o makin8 a decision on the purchase. He added ~haC if Council decides a~ Chis afternoons mee~in~ purchase the proper~y, they should also consider closi~ ~ha~ portion Claudina Street ~[ch is necessary for develop~nt of ~he Civic Center. ~yor ~ton asked if there vas any further discussion or if anyone in ~he audience had any questions; ~here ~as no response. ~5~: C~ncilman ~om moved to adjourn. ~uncilman SneeEas seconded the ~tion. ~ION ~IED. Adjourned: 11:25 A.M. City Clerk Cit~ ~ll,rin~eim! California - COUNCIL MINUTES , Se.~temb~? 4! _1973! 1~30 P.M. The City Council of the City of Anaheim met in regular session. P~[S~NT: COUNCILMEN: Stephenson, Sneeias, Pebley, Thom and Dutton A~b~I~T~ COUNCII/~EN: None Pi~S[NT~ CITY MANAGER: Ke~h A. Murdoch ASSISTANT CITY ATTORREY: Alan R. CITY CLERK: l)ene M. Daoust CITY ENGINEER:- James P. Maddox ASSISTANT DIRECTOR OF DEVELOPNENT igRVlCES= Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. .~I~O~ATION~ Reverend Lowell Linden of the First Congrelational Church gave " the"lnvocation. ~I. AG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. .P[t~LANATIONS: The following proclamations were issued by the liayor and unshi- P' .... mously approved by the City Council= "Leukemia Week" - September l0 - 15, 1973 "Constitution Week" - September 17 - 22, 1973 1972-73 CITY SAFETY AWARDS= The foilowing avards were issued by the Mayor: Work units having a significant reduction in their injury frequency rate. 1. GENERAL AI~IINIST~TION: 97 employees worked 170,700 hours with" on· disabling injury. 2. STADIUM= 25 employees worked 45,400 hours reducing injury fre- quency rate 68%. 3. PItOPERTY NAINTENANCE.}. 94 employees worked 170,600 hours re- ducing injury frequency rate 4. PARK DIVISION: 122 employees worked 196,400 hours reducing injury frequency rate Work units that had no disabling injuries for the entire year: 1. LIBRARY= 64 full-time and 3& part-time employees worked l'§'5,000"'hours. 2. PUBLIC WORKS D?__I~_CTOR'S O~FICE .AND ~~!~ _DIVISION: 74 employees worked l/2,600-h°urs. City ._H~..ll,~.~hetm~ California - COUNCIL MINUTES - September 4~ L973~ 1:30 P.M. 3. FINANCE DEPARTMENT: 46 employees worked 83,700 hours (second c~nsecUtive year.) PERSONNEL DEPARTMENT: Consecutive year. ) 5. UTILITiES OPERATION: consecutive year. ) 15 employees worked 28,100 hours (third 15 employees worked 29,100 hours (fourth Sweepstakes Award: Mr. Paul McLellan of the State Compensation In- surance fund addressed the Council, advising that the Sweepstakes Award was a perpetual trophy awarded on the basis of overall safety activites and efforts producing a result of eliminating employee injuries. Mr. McLellan stated that the safety contest sponsored by the City was a very worthwhile effort in promoting interest in safety among the employees. The Mayor at this time announced that the 1973 Sweepstakes winner is the Development Services Department with 45 employees who worked 75,200 hours and that this was the fourth consecutive year for this department working approximately 300,000 hours without a disabling injury. Mr. Charles Roberts accepted the award on behalf of the department. INTRO~ION OF NEW EMPLOYEES.: Mr. Frank Campagnoni, of the City Personnel 'Department, introduced 22 new employees attending the Council meeting as part of the City's orientation program. Mayor Duttonwelcomed the new employees. SOLID ¢ITII~NAWAILDS - EAST ANAHEIHBABE RUTH ALL STAR TEAM: Lieutenant Dale .... Wilcox, Anaheim Police Department, reported that the All Star Team was selected from eight teams and their achievements include winning the District Tournament, the Southern California State Championship and the Regional Championship. In addition, they placed second in the Babe Ruth Championship World Series held in Manchester, New Hampshire. Lieutenant Wilcox advised that the team was well received in the east and represented the City of Anaheim in a very fine manner. Individual awards were then presented by the Mayor to each member of the team. ~ ~oval of the Minutes of the City Council Regular Meetings held August 21, ~d 18~ 1973, and Adjourned Regular Meeting held September 4, 1973, were deferred to the next meeting. WAI~[ ~ ~ - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the ~'~ in full of ail ordinances and res0"~utions and that consent to t~e waiver of re~ing is hereby given by all Councilmen unless, after reading of the title, s~ecific request is made by a Councilman for the reading of such ordinance or resoletion. Councilman Pebley seconded the motion. MOTION UNANII~OUSLY CARRIED. ~T ' F~~ D~NDS ACA~qST TH~ CITY: Demands against the City in the amount o~ $1,35~,555,§4, in accordance with the 19~3-74 Budget, were approved. l~_m~!~. ~~ - VAR~ ..~ICE NO. 2527, gNVIR~AL INP~£T,REPORT EXENF[ION STATUS Citijet NO. ?3-1g}~ Application filed by Norm s Restaurants, Inc., to con- ~truct'a SO-foot high flashing, free-standing identification sign on property presently zoned C-2, located on the south side of Lincoln Avenue,on the north side of Center Street,east of Villa Place, with the following waivers, was submitted: a. Height of free-standing sign within 300-foot radius of residential use, b. Location of free-standing sign. c. Restriction on flashing sign within 300-foot radius of residential use · d. Height of flashing sign. The City Planning Commission pursuant to Resolution No. PC73-1§9, denied said variance. Appeal from action taken by the City Planning Commission was filed by Sterling I. Bogart, President of Nora's Restaurants, and public hearing sch- eduled this date. [[~V~~~- I~P,.__~_ R~PORT - EXENI~ION STATUS~ In accordance with recomme~da- ti0nS of the City Planning Coe~nission pursuant to their Resolution No; PC73 159, Councilm~n Stephensonmoved it be the finding of the City Council that the impact City H~ll! Anaheim! California = COUNCIL MINUTES - se tembe~ 4t.!1973 1:30 .P.M. of the project under Variance No. 2527 would be trivial in nature and that no environmental impact report or statement is required. Councilman Sneegas seconded the motion. MOTION CARRIED. Mr. Roberts noted the location of subject property and in explaining the requested waivers advised that because of the proximity of subject property to residential zoned property, the sign height is limited by Code to 25 feet (50 feet, 10 inches proposed). He further reported that the proposed location of the sign would actually encroach into the ultimate right-of-way of Lincoln Avenue and if the variance is approved, it would be necessary for the property owner to obtain an approved encroachment permit for the sign to encroach with- in the right-of-way of Lincoln Avenue. In summary, Mr. Roberts read the findings of the City Planning Com- mission on which their denial of said variance was based. The Mayor asked if anyone wished to address the Council. Mr. Sterling X. Bogart, President of Norm's Restaurants, Inc., 5827 Hoyt Avenue, Los Angeles, submitted a drawing of the proposed sign together with a list and location of their 16 restaurants. He stated Since the City Planning Commission meeting and in an attempt to cooperate and comply as nearly as possible to the Code, they found they could reduce the height of the sign to 42 feet and eliminate the flashing or blinking and would so stipulate. In way of background information, Mr. Bogart'reported they had been in business 25 years operating in 11 cities; they are a 24 hour, 365 day op- eratiQn and the Anaheim facility will be their first venture in Orange County and represent an investment in excess of $600,000. He stated the sign is their logo and the only identification they have as each restaurant differS in archi- tectural design and that this trademark, or lOgo, is produced in all the printed media. He thereupon showed pictures of other installations again calling attention t° the fact that the restaurants are not a prototype structure. Mr. Bogart reported that Mr. Behnke, the realtor handling the sale of the property, contacted 25 people within 400 feet of the proposed restau- rant site and no objections were received. In addition, no one spoke against the sign as originally requested at the City Planning Commission hearing. Mr. Victor Newlove, architect, representing the firm of Arnet, Davis and Newlove and Associates, 5767 Wtlshtre Boulevard, Los Angeles, advised that in designing the restaurant building, they were required to take into consider- ation the sign and design the angles of the building to incorporate the sign. He stated that' this was a very important part of the architectural design and if the sign is lowered to a height less than 42 feet, it will not be readable. (Rendering of the proposed restaurant was shown and Mr. Bogart ad- vised that the sign was not intended 'to be freeway oriented.). Mr. Newlove reported the sign was oriented to the entrance of the restaurant and placed near the corner for good composition andbeing in the street setback they realized and agreed that when the street is widened, they will remove the sign. Mr. Bert Arnold, owner of property at 1224 West Center Street, dir- ectly to the ~ear of subject property, addressed the Council in opposition, feeling the height of the sign would tend to make a midway of the street and be a devaluating factor to surrounding properties. Mr. A. J. Schutte (former Anaheim Mayor and City Councilman), addressed the Council in favor of said variance, calling attention to the need of such a facility in the area. Mr. Schutte noted other signs in the immediate vicinity of a similar height and felt these signs had not been a detrimental factor to the Area. Mr. Schutte advised experience has shown once a project such as this is developed, the value of the surrounding properties is increased. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-379: Councilman Stephenson offered Resolution No. 73R-379 lor adoption, granting Variance No. 2527, waivers "a" and "b" only Waivers "c" 73~716 Ha~,!! ~=h-im! California - COUNCIL MINUTES - September 45 1973~ 1:30 P.~. and "d", no longer necessary, permittin~ the 50-foot high sign with the stipu- lation the sign will not be "flashing" or "blinking" subject to the following conditionsl 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 40 feet in width from the centerline of the street alon~ Lincoln Avenue for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Lincoln Avenue and Center Street for tree planting purposes. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Center Street for street lighting purposes. 4. That adequate clearance of existing electrical lines shall be pro- vided as required by the Electrical Division, Department of Public Utilities, and the State of California G.0.95. 5. Landscaping shall be provided in the parking area in conformance with the C-1 Site Development Standards. 6. That subject property shall be developed substantially in accord- ance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3. 7. That Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is is.sued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. Refer to Resolution Book. A BESOLFrXON OF'THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2527. Roll Call vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-379 duly passed and adopted. E~OA.~.~ ~EItMIT NO. 73-1E: Application filed by Norm's Restaurants, Incor- p6'~'ated' [0 encroach into a portion of existing dedicated right-of-way for the purpose of installing an approximate 30-inch high stucco garden type wall and sign pylon, on property located on the south side of Lincoln Avenue, east of Villa Place, was submitted together with report of the City Engineer, recommend- ing approval of said request, subject to the Applicant bearing all costs of re- location and/or removal of said items when required by the City of Anaheim. RESOLUTION NO. 73R-380: Councilman Pebley offered Resolution No. 73R-380 for ad~ptio~, 'and granting Encroachment Permit No. 73-1E, subject to the conditions recommmnded by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND COIIDITIONS OF AN ENCROACI/MENT PERMIT AND AUTHORIZING THE MAYO~ AND CITY CI~KTO EX~COTE SAID ENCROACHMENT PERMIT WITH NORM'S RESTAURANTS, INC. (73-1E) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-380 duly passed and adopted. PUBLIC ~ - HO~SEMOVING PE.RMIT: Application of Mary L. and Vern Anderson, for ~ ~ o 1801 p~t~niss~on to move a structure from 1025 East Katella,,Avenue, Orange, t Symphony Street, Anaheim (presently zoned R-A) was submitted together with recom- m~ndations from the Development Services Department that said move-on request be d~nied on the basis that a reclassification and variance is required and the structure would not be equal to structures in the surrounding area. The Mayor invited the Applicant to address the Council. Mr. Sam DiFilippo, 1611 North Hollydale, FUllerton, owner of subject property in escro~ for sale to Mrs. Anderson contingent on approval of housemoving H&ll~ ~heim! California - COUNCIL MINU~S - September 4, 1973~ 1:30 P.M. pe~nit, advised that he was a real estate appraiser and upon his investiga- tion, was of the opinion the structure would not be a detriment to the neigh- borhood. Reference was made to staff report concernin~ the imcompatibility and age difference of subject structure to adjacent structures and Mr. DtFilippo reported that m~ney will be spent to bring the house into conformance with those in the neighborhood as it is the intention to resell the house. The Mayor asked if anyone else wished to address the Council. Mr. Gene Lambert, 1808 Boisseranc, addressed the Council in opposi- tion, on the basis that the move-in was not the same value as their homes. He noted subject lot was at the end of a cul-de-sac street and questioned why it was omitted from the subdivision and also questioned whether or not there might be a sealed or capped well or pipe remaining beneath the property from when Standard Oil o~ned the lot. Mr. DiFilippo did not know why the lot was omitted from the surround- in~ subdivision but reported that he has a letter from Standard Oil Company, the loaner ovner of the property, to the effect that the water ~ell has been back filled and meets safety requirements. Mr. Lambert was of the opinion that the hous~movin$ permit was not for a family to move into the neighborhood but to bring an older dwelling into a nicer neighborhood for resale. Brenda Curtis, 1812 Boisseranc, addressed the Council in opposition advising of the value of their home and also those in the adjacent subdivision tract to the'east. She advised that the purchase of a home is a primary v~stment for a family and requested the values in this case be considered. Mr. DiFiltpp°, in ~ebuttal, stated that the purpose of moving the house onto the lot was due to the fact that the lot on~hich it presently ex- ists has been sold for commercial purposes. He stated that they would conform to the neighborhood to the best of their ability. The Mayor determined sufficient evidence had been given and thereupon declared said public hearing closed.' ~,$OLUTION NO..' 73R-381: Councilman Stephenson offered Resolution No. 73R-381 for adOptiOn' denying housemovin~ permit on the 'basis of the staff report as recmmaended by the Development Services Department. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF ANAHEIM DENYING A HOUSE- MOYll~ PERMIT TO MARY L. AND VERN ANDERSON, 1801 SYMPHONY STREET. Roll Call Vote: AYES: COUNCILMEN: Steph~nson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCII2~EN: None The Mayor declared Resolution No. 73R-381 duly passed and adopted. PUBLI~ .~FARI2~ - ENCROACHMENT PEP, HIT NO. 72-6E: Application filed by Reverend ~thur Ramey, Calvary Baptist Church, requestin~ permission to encroach into e poetion of a dedicated roadway (extension of Rio Vista~ south of ~agner Ave- hue) to install four temporary quonset hut type buildin~s across said roadway to be used for Sunday school rooms, was submitted together with the City ~ineer's report. Reverend Ramey addressed the Council advising no opposition to his · equest had been received. Mr. Richard W. Basse, representin~ his brother Harry Basse, owner of the property to the east, advised that they did not oppose the application, however, felt the encroachment should not encompass more than one-half of the street right-of-way. 73;718" City H~ll~ ~n ~ tm! Califqrnia - COUNCIL MINUTES - September ~! 197 ! 1:.30 p.M. (Map indicated that the encroachment was over one-half of the street right-of-way.) Mr. Basse stated that if the street is never extended they would ex- pect to utilize their share of the projected right-of-way. It was explained that should the right-of-way be abandoned by the City the ownership would revert to the land from which it originally came. There being no one else addressing the Council, Mayor Dutton declared the hearing closed. RESOLff~,.ION NO. 73R-382: Councilman Thom offered Resolution No. 73R-382 for adoption, granting license to encroach as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE T~RMS ~ CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING TH~ NAYOR AND CITY CL~RK TO ~X~CUT~ SAID ENCROACHMENT PERMIT WITH CALVARY BAPTIST CHURCH. (72-6E) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-382 duly passed and adopted. EI~.RT~ PERNIT - 801 EAST KATELLA AVENUE: Application filed by Natalie M. Fuller''~ ~ for entertainment permit for.the Loose Caboose, 801 East Katella Avenue, was submitted and granted on motion by Councilman Stephenson, secondedby CounciLman Dutton, subject to the provisions of Chapter 4.18 of the Anaheim Municipal Code asreco~nded by the-Chief of Police. MOTION CARRIED. AHU~EM~ff ~.yICES PERMIT - 3148~ WEST LINCOLN AVENUE: Application filed by Charles '" A~ Bert"'"hiaUm~, Division Manager,.A.R.A Services, Inc., (dba Rockwell Music Com- pany) for one phonograph and three pinball machines to be placed at Mimi's, 3148~ West Lincoln Avenue, was submitted and granted, on motion by Councilman Dutton, seconded by Councilman Sneegas, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police. MOTION CAS~IED. COUI~I~'S 2~Tlt BIRTHDAY - ANAHEIH CHANBER OF CONI~RCE: Request of John F. 'Seymour, J~,, ~side~t. that the Anaheim Chamber of Co.v. erce be recognized as the coor- dinating organization for the 1976 celebration in Anaheim of the Country's 200th birthday, was submitted and granted, on motion by Councilman Sneegas, seconded by Councilman Pebley. MOTION CARRIED. REqUES? -~DON TREE DEDICATION - SALE OF M.I.A. BRACELETS: Request of Mrs. Elsie Bonnett for permission to sell M.'I.A. bracelets in pearson Park, Sunday, September 9, 1973, after the Freedom Tree Dedication Ceremony was submitted. No action was taken by the City Council in that granting said request would be contrary to Section 13.08.020 (g) of the Anaheim Municipal Code. aEQUEST, .' ~IVAL,,,, - WILLOW PARK: Request of Mrs. Daniel O'Connell on behalf of her daughter Laura for permission to hold a carnival September 8 or 15, 1973 at Willow Park, with all proceeds to go to the Muscular Dystrophy Association, was submitted and' reluctantly denied on the basis of Sect'ion 13.08.020 of the Anaheim Ntmicipal Code prohibiting such activity, on motion by Councilman Dutton, seconded by Cotmcilman Stephenson. MOTION CARRIED. TAXI CAB P~...21IT - IMPERIAL CAB COMPANY: Request of Robert Reymundo to operate Imperial C~b COmPany service in the City of Anaheim was submitted. Mr. Reymundo addressed the Council advising that they presently service the Cities of Cypress, La Palma and Hawaiian Gardens and request permission to operate five cabs within the City of Anaheimwhich cabs will be purchased as soon as the permit is granted. City Hall~ Anaheim,. California - COUNCIL MINUTES - September 4! 1973! 1:30 P.M. He stated that in his opinion with the growth of Anaheim, there is a definate need for another cab service as many calls requesting their service are received from Anaheim. Further when there is only one cab company or any other type of service, they tend to relax the standard of service. Mr. Reymundo advised that they would like to operate the cab from Beach Boulevard westerly and that they had no interest in the area around Disneyland or the Convention Center. Mr. Donald Kirk, 535 South Helena Street, addressed the Council ad- vising of his difficulty in obtaining cab service in Anaheim and stated, in his opinion, the present service is "lousy". He stated he was both for and against the application. Mr. Arthur Grey, Attorney representing the Yellow Cab Company, pre- sent operator within the City of Anaheim, reported that he has read over the application and found no evidence of the ability to perform either financially or with adequate equipment and secondly there is no showing of need and nec- essity. Mr. Grey stated that the application notes that when they are granted the permit they will purchase five cars which almost indicates that perhaps the permit is a method to obtain the five additional cars. In addition, he called attention to evidence of inadequate insurance and that nothing in the applica- tion gave details as to the equipment, radios, the transmission methods, how and where the cabs will be dispatched from. As to a limited permit to operate only within a certain area, Mr. Grey was of the opinion that it Would be extremely difficult, from a policing point of view, to administer such a permit. As to need and necessity, Mr. Grey reported that Yellow Cab Company presently has over 80 permits for the City of Anaheim and keeps 15% to 20% of their cars in reserve at all times to carry the peak situations. In addition, attention was called to the new bus service added to the public transportation throughout the City which,if anything,would augur against bringing in additional operators. Mr. Seymour, on behalf of the Anaheim Chamber of Commerce, reported that they,being the entity that receives all types of complaints, do not have nor have they ever had one letter of complaint against the Yellow Cab Company. He stated that although the Chamber of Commerce believes in private enterprise, in the transportation area if further integration is permitted, the citizenry of Anaheim could suffer. Mr. Reymundo questioned Yellow Cab's service to Anaheim and reported the 75 or 80 cabs serve the 13 different cities inwhich they. have permits to oper- ate. H~ further added that they were not out to hurt the Yellow Cab Company and doubted if five additional cabs would. Councilman Thom stated that although he favored private enterprise he recognized public transportation requires proof of need and necessity and that if there was a need and necessity it would have been evidenced by com- plaints on the Yellow Cab Company. In addition he also recognized that the operation of the Orange County Transit District in Anaheim has undoubtedly affected the operation of cabs in the area and would further illustrate a lessening need for more service. At the conclusion of the discussion, Councilman Thom reluctantly moved that the request of the Imperial Cab Company be denied on the basis that need and necessity have not been provided by the Applicant. Counci'lman Pebley seconded the motion. NOTION CARRIED. EN NT_PERMITN_O. 73-3~: Application filed by Richard E. Bartecher on behalf of An~ela H and James M. Plou to encroach into a portion of a dedicated right- of-way for the installation of a 58-foot long planter, located on the east side of Grand Avenue, north of Lincoln Avenue, was submitted together with report 13-720 City Hall, Anahehn! California - COUNCIL MINUTES -September of the City Engineer recommending approval subject to the Applicant removing and/or relocating said planter at no cost to the City when and if the sidewalk is relocated back to the ultimate right-of-way. RESOLUTION NO. 73R-383: Councilman Dutton offered Resolution No. 73R-383 for a~°pti~n~"granting requested encroachment permit subject to the recommendations of the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~I APPROVING THE TERMS mm c~mITIONS OF AN ENCEOACmmNT PERMIT AND AUTHORIZING TH~ .*YOa AND CIT~ CLERK TO FO~ECUTE SAID ENCROACHMENT PERMIT WITH ANGELA M. AND JAMES M. PLOU. (73-3-E) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUN¢ILM~.N: Stephenson, Sneegas, Pebley, Thom and Dutton None None The MaYor declared Resolution No. 73R-383 duly passed and adopted. FINAL.MAPI NO. 8215: Wes . TiL~ Developer, tfield Development Company; property loca- ted on the south side of Canyon Rim Road, east of Nohl Ranch Road and contains 76 proposed R-1 zoned lots. The City Engineer recommended approval and reported that the final map conforms substantially to the tentative maps (Tentative Tract Nos. 8215 and 8219) previously approved; that tract fees have been paid and bond forwarded to the City Attorney for approval. On the recommendation of the City Engineer, Councilman Stephenson moved that Final Map, Tract No. 8215 be approved subject to the approval of the re- quired bond by the City Attorney. Councilman Dutton seconded the motion. MOTION CABRIED. RECLASSIFICATION NO. 71-72-16 - REVISED PLANS: Property located on the northwest cor- ner of Riverdale and Lakeview Avenues and is proposed for C-1 zoning for the develol~nent of a shopping center. Mr. Roberts reported that the owners of the adjacent medical-office/ hospital complex (presently under construction) have acquired subject property and are requesting approval of revised plans for landscaping and expanded parking area for the medical complex. Mr. Roberts further reported that staff would recommend approval of said revised plans subject to the following conditions. 1. That the final parking plan shall be approved by the Development Services Department and any landscaped areas in the parking areas shall be pro- tected with a six-inch high concrete curbs and concrete wheel stops as required. 2. That a landscaped plan for subject property shall be submitted to the Development Services Department. Any decisions made by the Development Ser- vices Department on said plans may be appealed to the City Council. 'On motion by Councilman Dutton, secondedby Councilman Pebley, revised plans were approved subject to the conditions recommended by the Development Ser- vices Department. MOTION CARRIED. RESOL~ION NO. 73Ry384 - AWAP. D OF WORK ORDER NO. 684-B: In accordance with recommen- d~tions of the City Engineer, Councilman Sneegas offered Resolution No. 73R-384 for adoption. ~fer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEAL~.D PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHI~ OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL 73-721~- City.Hail! ~mabetm! California -COUNCIL MINUTgS -. September: 4s: 1973~ . !!30 P.M. UTILITIES AND TRANSPORTATION, INCLUDING POWER, FU~L AND WATER, AND PER- FO~INC ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPRO~NT: THE EUCLID STREET & CERRITOS AVENU~ STI~ET IMPRO~NT, SOUTHWEST CORNER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 684-B. (Baxter-Griffin Company - $51,148.84) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, ThOm and Dutton NOES: COUNCILMF-N: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-384 duly passed and adopted. RESOLUTION NO. 73R-385 - WORK ORDER NO. 651-B: Upon receipt of certification from the Director of Public Works, Councilman Pebley offered Resolution No. 73R-385 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIiEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPM~ AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPRO~NT, TO WIT: THE BALL ROAD STREET AND STORM DRAIN IMPROVEMENT, FROM EUCLID STREET TO BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 651-B. (Moses Galluzzo) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN:. None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-385 duly passed and adopted. C~ FOR BIDS - WORK OR_nF-R NO. 1003 - B~ROOFING OF ANAHEIM GOI~NTION CENTER: On ' m~tton bY CoUncilman Stephenson, seconded by councilman DuttOn, call foL bids for Work Order No. 1003 was again deferred one week. MOTION CARRIED. STADIUM ESCALATOR REPAIRS: In accordance with recon~aendations of the City Manager, replaCement of skirt panels on escalators in the Anaheim Stadium by Oliver and Williams Elevator, Corp., (sole contractor) in the ~mount of $4,000 was authorized on motion by Councilman Sneegas, seconded by Councilman Stephenson. MOTION CARRIED. PURCHASE - POLICE RADIOS: Purchase of 12 police radios and equipment for implemen- ' ration of the new C6unty UHF system from Motorola (sole vendor) in the amount of $19,325.92, was authorized on mo. tion by Councilman Stephenson, seconded by Councilman Dutton. MOTION CARRIED. BUD~T REVISION: M. R. Ringer, Finance Director, reported on revised amount of : Federal Revenue Sharin~ Funds furnished by the Treasury Department being $1,386.356 instead of $1,331,490 and recommended that the additional $54,866 be allocated as follows: 1. $44,000 to the appropriation for the Joint construction of swim- ming pools with the Anaheim High School District, 2. $10,866 to the appropriation for the purchase of the fire pumper and ladder truck. Said allocations were authorized as recommended and Budget revised accordin~ly, on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. C~ AGAINST THE CITY.:... The following claims were denied as recommended by the City AttO~Y and ordered referred to the 'insurance agent, on motion by Councilman Thom, seconded by Councilman Sneegas: City Hall~ ,.~ahetmf California - COUNCIL MINIrrEs - September 4~, 1973~ ,1:30 P.M. a. Eugene P. Weidner for personal injuries and dmnages purportedly sustained May 18, 1973, resulting from driving into an unmarked construction ditch - Placentia Avenue near State College Boulevard. b. Peter E. Sheeran for loss of personal property as result of car being impounded because of being on the streets in excess of 72 hours. c. E. O. and Dorothy Barrows for personal injuries, mental and emo- tional anguish, loss to property values, etc., purportedly as result of City*s neglect to City o~med property. d. Elizabeth Hazel for personal injuries purportedly sustained August 26, 1973, resulting from slippin~ on steps at Anaheim Stadium. e. Andrea F. Parks for personal injuries purportedly sustained May 24, 1973, resulting from being struck by a car due to dangerous conditions of street and signal maintenance at the intersection of Cerritos and Euclid Streets. MOTION CARRIED. RESOLUTION NO. 73R-386: Councilman Sneegas offered Resolution No. 73R-386 for a~opti0n. Refer to Resolution Book. A RESOIArrlON OF THE CITY COUNCIL OF THI/ CITY OF ANAl/ED/ APPROVING THE TERHS AND CONDITIONS OF AN ACREENENT WITH PACIFIC DRIVE-IN THeATeRS, INC., AND AUTHORIZII~ THE NAYOR AND CITY CLERK TO EXECUTE SAID AGREENENT, Roll Call Vote: AYES: COUNCII2/EN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCII2iEN: None The Hayor declared Resolution No. 73R-386 duly passed a~dadopted. RESOLUTION HO. 73R-387: Councilman Sneegas offered Resolution No. 73R-387 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIN tNBNDING RATES, RULES, ~ REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND ANENDED BY RESOLUTION NO. 73R-2§5. Roll Call Vote: AYES: COUNCII2fl/N: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCIIIqEN: None ABSENT: COUNCILNEN: None The Nayor declared Resolution No. '73R-387 duly passed and adopted. Typographical error reported by Mr. Watts was authorized corrected and the ~solution No. "73R-255" appearing at the bottom of the pa&e, commencing with Page No. 2.11 was chanEed to 72R-600, adopted December 1972. ~OI~.,..ES~~:- The follo~rln& correspondence was ordered received and filed on motion by-'CoU~Cilman Thom, seconded by Councilman Pebley: a. Yorba Linda Water District - Regarding possible greenbelt irrigation rate. b. Netropolitan Water District Resolution No. 7535 - Levying tax for the fiscal year 1973-74. Nr. Nurdoch reported that this tax only applies to that portion within the City in. the district prior to the formation of the Orange County Municipal Water District. c. Before the Public Utilities Coanission - 1974 list of grade crossings and separations. .I I , J . , ti, 7 ~3%'7 2~- City Hall~ Anaheimr Californi, a - COUNCIL MINUTES - Septembe,, ~ 4~m 19731.,, 1:_30 P,M, d. Local A~ency Formation Co~mission - Resolution No. 73-106 - approving portion of sphere of influence for west and northwest Anaheim except- in~ area known as Colonia Independencia, Mrs. Rea Burnap, member of LAFC, at the request of the Council, ex- plained the exception was made based on staff report that they had no indica- tion from the people which sphere of influence they perferred. MOTION CARRIED. ORD~INANCE NO. 3207: Councilman Sneegas offered Ordinance No. 3207 for adoption. Refer to Resolution Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1, CHAPTER 1.04, SECTION 1.04.390 OF THE ANAHEIM MUNICIPAL CODE, AND ENACTING A NEW SECTION 1.04.390 RELATING TO OFFICERS AND DEPARTMENTS. (Bonds re- quired of City Officers and employees.) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and I)utton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3207 duly passed and adopted. ORDINANCE NO. 3208: Councilman Dutton offered Ordinance No. 3208 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAREIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44 (4) - R-2 - Tract No. 7444) ORDINANCE NO. 3209: Councilman Sneegas offered Ordinance No. 3209 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (62) - M-l) TENTATIVE. TRACT NO. 7567 - DRAINAGE REQUIREMENTS: Request of Grant Company of California for exemption for Tract No. 7567 from City's present Drainage Policy was submitted together with report of the City Engineer recommending as follows: "That Grant ComPanY of California be permitted to iu~nediately install interim desilting facilities downstream from Tract No. 7567 to be approved by the City Engineer and upon completion of these interim facilities and the post- in~ of a bond by Grant Company, et al, for the ultimate drainage facilities to the point of disposal,the condition of the bond being that if the construction of the drainage facilities is not commenced by August 15, 1974, the bonding company will be obligated on the bond to pay the City of Anaheim the face amount of said bond. Subsequent to the posting of such a bond, the City of Anaheim will grant a grading permit and permit Tract No. 7567 to be recorded. It is further recommended that Grant Company, et al, assume full liability pursuant to an agreement to be approved by the City Attorney for the maintenance and stability of the interim desiltin$ facilities holding the City of-'Anaheim harmless to all parties for damages'that could occur due to the installation or construction of such facilities." Mr. Maddox advised that the above revised recommendations in his opinion would accomplish the City's purpose because of the non-availability of pipe, he could see no way the storm drain Cbuld be install~d in the in~ued- iate future. The above recommendations, he felt, would solve the problem for the forthcoming rainy season. Dr. John W. Barnes, 5040 East Crescent Drive, advised of some appre- hension statin~ they felt Condition No. 45 was a protection for the City and homeowners in the area and still allowed orderly development of the hills. He noted the Proposed interim facilities were not intended to eliminate erosion or floodin~ problems that currently exist. 73-72~ City _Hall~ Al~aheim! California - COUNCIL MIl/lITES - September 4~ 1973! Dr. Barnes stated that their main concern is that the permanent under- ground facilities be installed as soon as possible and no later than October, 1974, and requested a completion date of October 15, 1974, be included in the Engineer's recommendation. Mr. Naddox questioned the possibility o£ guaranteeing a completion date. Mr. Watts advised that if both dates are included there is created two conditions to be met instead of one and it ~ould be much easier and faster to enforce if there was only the starting date rather than wait for the expiration of the october date before collecting the bond money so that installation can be made by the City. Dr. Barnes felt there would be no objections to the insertion of a completion date for the purpose of showini good faith. Mr. Murdoch suggested the.wording be in effect "if they have not started construction on a contract containir~ a completion date for the construction of the storm drain by August 15, 1974, the money would be paid the City so that the City can perform". Dr. Barnes stated their concern was that the facilities be completed before the rainy season. In answer to Council questioning, Hr. Murdoch explained the method of arriving at a bond amount figure and advised that the preliminary estimate of the project was $240,000. With the revision that the developer require a completion date on or before October 15, 1974 in the contract or in any event comphte the construction by that date, Councilman Sneegas moved the recommendations of the City Engineer be approved. Councilman Stephenson seconded the motion. NOTION ~IED, Hr. Donald Fredrickson, representing Grant Company of California~ stated their objectives was to obtain a grading permit to record the tract and to construct the improvements within the tract and in conjunction they would con- struct the interim facilities and post the required bond. The suggested requirements as submitted by the City Engineer, together with the requirement of a completion date were again reviewed and agreed to by Hr. Fredrickson. DINNER-~C~ PLACE PERMIT! Applicatt0n of Richard A. Vanderhoof, on behalf of Royal Inns of'Anaheim,'for a dinner-dancing place permit was submitted and granted ~ub- ject to the prOvisions of Chapter 4.16 of the Anaheim Municipal Code as recommen- ded by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Sneegas. HOTION CARRIED. RESOLUT!ONN0o 73R-388= Councilman Dutton offered Resolution No. 73R-388 for adoption. Refer to Resolution Book. A RESOLUTION ADOPTING THE RULES, REGULATIONS OR SPECIFICATIONS OF CONSTRUC- TION, OI~ERATION AND MAINTENANCE OF A CABLE TELEVISION SYSTEM. (Theta Cable) Roll Call Vote: AYES: COUNCII2iEN: NO~S: COUNCII21EN: ABSENT: COUNCN21EN: Stephenson, Sneegas, Pebley, Thorn and Dutton None None The I/ayor declared Resolution No. 73R-388 duly passed and adopted. PROPOSED REV[~ o CIVIC CENTER PROJECT: Following the morning meeting, Mr. Hurdoch r~rteqon projected reVenues, which possibly could be utilized to carry forward. the Civic Genter Project. He advised that the Gontin~ency Fund in the current Budget is $250,000 and that there is in excess of $30,000 carried forward that ~ill City H&II~ ~heimI California - COUNCIL MINUTES - September, 4! 1973~ l:30p.M. not now be used for the remodeling of the former Bank of America buildin~ and in addition listed the following City owned properties that are felt to be surplus and could be sold: 1. Former fire station site at La Palma Avenue and Part Street. 2. Improved lot at the southeast corner of Cerritos Avenue and Nut~ood Street. 3. Fomer fire station site consisting of two improved lots with residences at Eucltd and Westmont Streets. 4. Small parcel adjacent to the new North Substation on Pauline Street. 5. Improved residential lot on the south side of Tyler Street be- tween Western and Grand Avenues. 6. Triangular parcel east of Beach Boulevard, south of Lincoln Avenue, adjacent to the flood control cha~nel. 7. Surplus property acquired with the purchase from gtchandy for street right-of-way at Western and Orange Avenues. 8. Well site on the west side of Western Avenue, north of Lincoln Avenue. 9. Church property on Anaheim Boulevard, presently used by the Park and Recreation Department (reconvnended t~t this parcel be held in abeyance for additional study to determine if the activity could be moved to the Civic Center location). 10. Well site at Damon and Pythias Avenues. 11. Parking lot at the northwest corner of Lemon Street and Broadway. Mr. Murdoch felt with those three sources of revenue, the cost of the Willdan p~operty could adequately be covered. Of the properties reported, it was considered that the parking lot at Lemon Street and Broadway (11) might be held,together with other properties in the downtown area,for possible sale to the Redevelopment Agency. Mr. Murdoch advised however, that it appears that the Redevelopment Agency will not have fUnds until the following fiscal year. He further felt that even if th~ park- ing lot (11) and the church property (9) were not sold, that with the contin- gency fund and the unused amount in the remodeling fund, sufficient funds should be available for the purchase of the Willdan property. At the conclusion of the discussion, on motion by Councilman Sneegas, seconded by Councilman Dutton, the staff was instructed to negotiate an agree- ment with Wtlldan Associates to select a mutually acceptable appraiser to appraise the Willdan property for possible purchase by the City at value estab- lished by the appraiser. MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNCII2tAN STEPHENSON: On motion by Councilman Dutton, seconded by Councilman Thom, Councilman Stephenson was'granted permis- sion to leave the State and leave of absence for 90 days, commencing September 12, 1973. MOTION CARRIED. SELF-SERVICE POST OFFICE FACILITY - CONVENTION CENTER: Councilman Sneegas presente~ a request of-the Post Office for a self-service facility in the Convention Cea ter. Said request was referred to the Stadium and Convention C~nter Director for analysis and report. RECLASSIFICATION NO. 67-68-62: Mr. Roberts referred to the requested C-O zoning by Mr. Tom Key of 11 lots ~s one project) located on the east side of Euclid S~reet, north of Crone Avenue, which incorporated Niobe Place cul,de-sac. In relating the history of this zoning, Mr. Roberts reported that subsequent to obtaining a resolution of intent on the 11 lots, Mr. Key requested that the 7 lots on Niobe Place be excluded from the resolution of intent. This was accomplished by Resolution No. 71R-189 which then required a variance to the minimum site area requirements on Lot 11 (the southernmost parcel) prior to C-1 zoning. Since that time all lots have been sold by Nz. Key and the owner of the three most northern lots would like to proceed with the zoning. RESOLUTION NO. 73R-389: At the conclusion of the discussion, Councilm&n Pebley o~fered l~solution No. 73R-389 amending Res°lution No. 68R-219 to provide that an ordinance reclassifying the parcels be adopted as each parcel complies with conditions. 7~726~ City Hall, Amu%eim! Califo~ia - COUgCIL MINUTES - September 4, 1973., ~'~0~mr~~ Refer to Resolution Book. A RISOLFrION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 68R-219 IN RECLASSIFICATION PROCEEDING NO. 67-68=62. Roll Call Vote: AYES: COUNCII2/EN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Stephenson ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-389 duly passed and adopted. PLANS ~ D[VELOPNEItT - RECLASSIFICATION NO. 67-68-62 (1}: Proposed plans of devm[°Pment of an office building on the three lots to the north were submitted and discussed. Mr. Roberts called attention to certain cor- rections needed prior to their reconmaendation of approval. However, there are certain questions, one being the access since one of the conditions of approval required all access rights to the alley from Lot No. I be dedicated to the City and petitioner is proposing to locate the trash storage area adjacent to the alley 'with doors that swing out into the alley. Another question is the height of the building and landscaping along the east boundary. Plans were reviewed by the City Council and approved, on motion by Councilman Sneegas, seconded by Councilman Stephenson, subject to modi£ication to the height of the building and landscaping along the east boundary. (Councilman Thom temporarily absent.) MOTION CARRIED. The City Council indicated objections to the proposed location of the trash storage area. ORDINANCE NO. 3210: Councilman Pebley offered Ordinance No. 3210 for first reading. AN ORDIItANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE'RELATING TO ZONING. (67-68-62 (1) - C-O) c At the request of the City Manager, Councilman Pebley moved to :utive Session for the purpose of considering personnel matters. Council~an Stephenson seconded the motion. MOTION CARRIED. (4:4§ P.M.) ..AFTER ,.E~..CI~.~VE SESSION: The City Council returned to the Council Chaabers and ad- Journed on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. Adjourned: 5:05 P.M. City Clerk