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1973/09/1873-743 California The City Council of the City of Anaheim met in adjourned regular meetly. COL~ICILN~I: CITY CL~i~C: Stephenson, Sneeias, Thom and Dutton Pebley Dane N. Daoust Mayor Sutton called the meetini to order. RECESS -EXECUTIVE SESSION.! On,orion .by Councilman Thom, seconded by Councilman -' SneelaS, the City Council recessed to E~cutive Session for the purpose of discussing personnel matters. MOTION CARRIED. (3:02 AFTER RECESS - AILIO~NT: Mayor Dutton called the meeting to order, all Councilmen 'being present, With the exception of Councilman Pebley. Councilman Stephenson moved to adjourn, Councilman Sneegas seconded the motion.' NOTION CARRIED. Adjourned: 4:30 P.M. - -'- City Clerk tit7 Hallt Anaheim~ California -COUNCIL MINUTES- September. 18t 19731_1~30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton ABSENT: COUNCILMEN: Stephenson PRESENT: CITY MANAGER: K~ith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: John H. Dawson ASSISTANT CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust FINANCE DIRECTOR: M. R. Ringer CITY ENGINEER: James P. Maddox DIRECTOR OF DEVELOPMENT SERVICES: Alan G. Orsborn ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION:' Reverend Paul Keller of the First Presbyterian Church gave the InVocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Dutton and unani- mously approved by the City Council. "Traffic Safety Week" - September 24 - 30, 1973. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meetings held August 28, September 4, and September 11, 1973 and the Adjourned Regular Meeting held September 4, 1973, was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman I)utton seconded the motion. MOTION UNANI- MOUSLY CARRIED. 73-744 City Nall~ Anaheimt California - COUNCIL MINUTES - September 1St 1973! 1:30 P.M. ,~,PORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the ~mount of $462,641.87, in accOrdance With the 1973-74 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO. 73-74-3~ VARIANCE NO. 1529 AND ENVIRONMENTAr. IMPACT REPORT EX~ION STATUS. Applicati°n by Charles and PhylliS Ei~hler for~ change in zone from R-A to R-3 and the following Code waiver to'establish a 15-unit apartment complex on the south side of Orange Avenue, west of Western Avenue, was submitted together with application for Exemption Declaration Status: a. Maximum permitted height. The City Planning Commission pursuant to Resolution No. PC73-169, reco,,.~ended that no E.I.R. be required in connection with Reclassification No. 73-74-3 and recommended said reclassification be approved,' subject to the follow- ing conditions: 1. That the owner(s) of subject property shall pay tO the City of Anaheim the sum of 60C per front foot along Orange Avenue for tree planting pur- poses. 2. That street lighting facilities along Orange Avenue shall be stalled as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 5. That a 6-foot masonry wall shall be constructed along the east and west property lines. 6. That a fence shall be constructed along the Carbon Creek Channel as required by the Orange County Flood Control District. 7. That subject property shall be served by underground utilities. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and regreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 10. That appropriate water assessment fees as detemined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. I and 2, above mentioned, shall be completed, the provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 12. That Condition Nos. 3, 5, 6, 7, 9, and 11, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission pursuant to Resolution No. PC73-170, recor~nended that no E.I.R. be required and granted. Variance. No. 2529, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclass- ification No. 73-74-3 now pending. 2. That subject property shall be developed substantially in confor- mance with plans and specifications on file with the City of Anaheim, marked Exhibit No. 1, Revision No. 1, and Exhibit Nos. 2 and 3. ENVIRONMENTAL IMPACT REPORT FO~MFrlON STATUS: On motion by Councilman Pebley, seconded by Councilman Sneegas, it was the finding of the City Council that the · impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED. Zoning Supervisor Roberts noted the location of subject property and surrounding land ases. He advised that the Applicant proposes to develop a 15 73-745 Cit~ HalI~ Anaheim! ,California - COUNCIL M~NUTES- September. 18t 1973! 1:30 P.M. unit apartment project with a density of slightly over 34~ units to the net acre, lot coverage would be slightly over 447.. Since the General Plan desig= nates this area to be appropriate for medium density residential uses, the City Planning Commission.has recommended approval of the reclassification and variance. Mr. Roberts further noted that the properties, on either side of sub- Ject parcel are projected for the same type of zoning. The Mayor asked if the Applicant was present and satisfied with the recommendations of the City Planning Commission. Mr. William S. Phelps, 1095 North Main Street, Orat~e, A~ent for the Applicant, replied that he was in agreement with all conditions set forth but one, and took exception to the condition imposed upon Variance No. 2529 regard- ing circulation of trash trucks. He referred to Finding No. 16 of the Inter- departmental Report Evaluation which indicates the R-3 development standards for accessways to be used by fire and sanitation trucks. Mr. Phelps reported that the revised plans do satisfy the Fire Department requirement that all cheelling units be located within 200 feet of an accessway. However, the San- itation Division officials have determined that the proposed access would not be adequate for circulation of trash vehicles and is therefore not acceptable to them. Mr. Phelps contended that the rectangular shape of subject lot, which is approximately 100 feet wide by 200 feet deep precludes the accessway with turn-around,and advised that he proposes to provide a turn-about. In further support of his position, he stated that it would take 21% of the total land area, 74% of the total width and 38% of the total depth to provide a 54-foot turn-around,in compartsion with the alternative of moving a trash bin a total of 32-feet to the curb and then replacing it. This seems to him to be a high cost to pay and further would make development of the property a~k~ard if not impossible. He requested that he be permitted to retain the trash area as in- dicated on the plans and noted that the management of the proposed apartment complex would be willing to obligate themselves to the placement of the trash bins at the curb and removal thereof following pick up. In answer to Councilman Dutton, Mr. Phelps explained that the plans call for a trash storage area to be locatedbehind the front setback, in a 9 by 20 foot enclosure and would necessitate moving o£ the trash bin 32 feet' to the curb on trash pickup . days. He further pointed out that if the turn- around were provided as requested by the Sanitation Division, the walking dis- tance to pick.up the trash bin would be comparable, the projected distance be- ing between 28 to 35 feet in that case. Councilman Pebley voiced the opinion that placement of the trash bins onto the curb for pick up would be the responsibility of the apartment management, with the consequence that if it was not placed out it would not be collected. He further felt that it would be to'the trash contractor's advantage to make their pick up at the curb. The Mayor asked if anyone in opposition to the proposed reclassifica- tion and variance wished to address the Council; there being no response~ de- clared the hearing closed. Councilman Pebley offered resolutions to approve the reclassification and grant the variance, permitting the Applicant to retain the trash storage area as indicated on the plans. Mr. Roberts advised that this would necessitate amendment to Condition No. 2 of Variance No.'2529 only, and remarked that it is unfortunate that Mr. William Lewis, Superintendent, Streets and Sanitation, was not present to explain his concerns regarding the trash truck circulation factor since, based on previous discussions it would appear to him that Mr. Lewis has some strong feelings on this subject. In answer to Councilman Thom, Mr. Roberts explained that the require- ment for dwelling units to be located within 200 feet of an accessway is to provide the Fire Department access to all four walls ,of the structure and this requirement has been satisfied with the proposed hammerhead at the south end of the driveway, however the turn-about provided is not adequate for trash truck circulation. 73-746 City Hall! ~aheim! California - COUNCIL MZNUTES - September 18~ 1973! 1:30 P.M. Councilman Pebley asked if there are many apartment complexes in the City which are permitted to handle trash removal in a manner as proposed by this Applicant, to which Mr. Roberts answered affirmatively noting that in many instances the trash bins are not removed from the curbs. He advised that there is an alternative to the proposed plan which ~ould involve enlarging the pro- posed hammerhead drive to provide an adequate turn-around withinwhich the trash trucks could maneuver, but this would result in fewer dvelling units in the project. Councilman Sneegas noted that the purpose of the requested enlargement of this turn-around area is to allow the trash trucks access onto the property to pick up the trash and then leave without having to back up, which Mr. Roberts replied was correct, and stated that he thought it would be possible for a two- man trash vehicle to enter the driveway and pickup trash directly from a storage area such as is proposed on this plan, safely. Councilman Thom reiterated his interest in hearing Mr[ Lewis' position on the matter prior to voting on the variance. RESOLUTION NO. 73R-401: Councilman Pebley offered Resolution No. 73R-401 for ad'option, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Cormnisston. Refer to Resolution Book. Roll Call Vote: AYES: COUNCII.~EN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolu~ion No. 73R-401 duly passed and adopted. RESOLUTION NO. 73R-402: Councilman Pebley offered Resolution No. 73R-402 for adoPtion, granting Variance No. 2529, subject to the cOnditions recommended by the City Planning Commission, amending Condition No. 2 as follovs~ 2. That subject property shall be developed substantially in confor- mance with plans and specifications on file leith the City of Anaheim, marked Exhibit No. 1, Revision No. 1, and Exhibit Nos. 2 and 3. Refer to Resolution Book. A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF ANAHEINGRANTINCVARIANCE NO. 2529. Roll Call Vote: AYeS: COUNCILMRN: NOES: COUNCI~N: ABSENT: COUNCILMEN: Sneegas, Pebley and Dutton Thom Stephenson The Mayor declared Resolution No. 73R-402 duly passed and adopted. PUBLIC HEARI~ - RECLASSIFICATION NO. 73-74-7, VARIANCE NO. 2532 AND ENVIRONMENTAL INPACT i~PORT E~ION STATUS. Application by Frank and LukriJa BJazevich and Albert R. and Cecelia L. Sandoval, requesting a change in zone from R-A to R-3 and the following Code waivers to construct a 148-unit, t~o-story apartment complex on the north side of Orange Avenue, east of Via Vico Circle, vas submitted together with application for Exemption Declaration Status: a. Building height within 150 feet of single-family residential zone b. Wall~ adjacent to single-family residential zone. 73-7~7 City I.l~llI An~l'mim~ Cal~fo~nia - C(~X~I~1CZL M~b1UT~ - September ~8! 1973~ 1:30 P.M. The City Planning Coasnission pursuant to Resolution No. PC73-172, recommended denial of Reclassification No. 73-74-7 and pursuant to Resolution No. PC73-173, denied Variance No. 2532; both of said Plannin~ Commission resol- utions rec_o~__end that no environmental impact statement be required despite the finding of the E.I.R. Review Committee recommending that the Exemption Status be denied this Applicant because two-story construction is proposedwtth- in 55 feet of a Buena Park Single-family zone. ENVIRONMENTAL INPACT REPORT EXEMPTION STATus= On motion by Councilman Dutton, s~conded bY COunCilman pebleY, it was the'finding of the City Council that .the impact of said project would be trivial in nature and that no environmental im- pact report or statement is required. MOTION CARRIED. Zontn~ Supervisor Roberts briefed the location of subject property and adjacent land uses both in the City of Anaheim and City of Buena Park, the western and northern boundaries of subject property bein~ contiguous with the Buena Park City Limits. Mr. Roberts advised that waiver "b" indicated above was listed as an oversight, that the architect intended to place a wall in between the buildin~s and the carports .as would be required. The waiver requested involves the two-story building height within 150 feet of a sin~le-£amily residential zone, and Mr. Roberts advised that the City of Buena Park has a provision which would allow two-story buildings to be constructed up to 50 feet of a residential zone. The density of the proposed project is 33.2 units to the acre, lot coverage is 45%. The parking proposed just meets minimum standards of the Code for 1~:1 spaces per unit, as 148 units are proposed wi.th 148 carports and 78 open parking spaces. Mr. Roberts reported that the Ceneral Plan designates subject parcel as suitable for medium density residential use and although the Planning Com- mission indicated they had no opposition to the zoning requested, they felt that the particular project did not lend itself to creating a compatible neighbor to the existin~ R-1 tract. Consequently, for this and other reasons as cited in the resolution, the Plannin~ Commission recommended denial of the reclassifica- tion and denied the variance. The Mayor asked if the Applicant or his A~ent were present and wished tO address the Council. Mr. Leroy Rose, 1440 South State College Boulevard, representing the Developer, pointed out some red markin~s on the plot plan which was posted on the wall, and advised that these indicate those sections of the proposed apart- · ~nt complex from which the tenants would have a sight line to the adjacent R-1 tract. He reported that these units would be between 67 to 90 feet away from the adjacent R-1 tract and described their proposal to screen the win- dows of these units with louvers, whichwould admit light only. Further, a 10-foot high slumpstone wall would be constructed around the entire pro- perty. · Mr. Rose reported that the Developer has obtained agreement with the City of Buena Park to accept drainage from the proposed project and has purchased a piece of property to the north to facilitate the drainage. Councilman Dutton referred to comments in the Plannin~ Commission Minutes stattn~ that the Petitioner was unwilling to consider submitting revised plans to the Plannir~ Commission and yet is now discussin~ a ten-foot slump- stone wall. Mr. Rose explained that the Plannin~ Commission felt that the Devel- oper should allow a 20-foot area between the periphery wall and the carports, or place the carports on the other side with a six-foot wall. The Developer did not wish to chan~e his plans to. create the double wall on his property. He advised that they propose instead to utilize the. carport as the ten-foot periph- eral wall, and the landscaped area between the carports would be enclosed with a six-foot wall. However the Developer is willing to build these six-foot high areas to ten feet, which has been indicated to be the preference of the neigh- borin~ residents. 73-748 ~it¥ Hall~ Anaheim! California - COUNCIL MINUTES - SeptemberlS! 19731 1:30 p.M. The development plans were reviewed at the Council Table. The Mayor asked if anyone in oppositionwished to address the Council. Mr. Doug Hawkes,6710 Via Riviera Way, Buena Park, acting as spokesman for a group of property oumers to the immediate north of subject property, sub- mitted a petition containin~ 137 signatures which requests that an environmental impact study be conducted prior to consideration of Reclassification No. 73-74-7 and Variance No. 2532. Mr. Hawkes contended that there were several factors not adequately addressed on the application for Exemption Declaration Status, and referred in particular to question No. 19, which asks whether or not the proposed project would cause any traffic hazard or congestion. Mr. Hawkes toOk exception to the negative declaration stating that at prime traffic hours, Orange Avenue carries an abnormally high amount of traffic and is avoided by local residents for this reason. Mr. Hawkes referred to the designation of this property on the Anaheim General Plan as appropriate for medium density development and contended that recent construction of multiple dwellinS projects in the immediate area gives sufficient cause to describe the area as high density. He noted that the Cen- tralia School District, in order to accommodate the school age children gener- ated from this development, might have to resort to busing. Mr. Hawkes remarked that if the requested waiver for building height within 150 feet of a single family residential zone is granted,, he felt it not unreasonable to ask the Developer to stipulate to construction of a ten-foot high masonry wall, as has been required with similar 'development in the immediate area. He further advised that the homeowners' group would be opposed to a dead space or landscaped area to the rear of the carport for both security and sanitation reasons. Mr. Hawkes concluded by statin~ that the group which he represents are not.unyielding and do recognize the rights of the property owner and the need for development of this particular parcel. At the same time, they do ask that they not be required to compromise their pFivacy and security and that the investment which they have made in their homes be protected. Councilman Pebley remarked that it appears all of the concerns expressed by Hr. Hawkes have been considered and proposals made by the developer to alleviate or eliminate same. Mr. Hawkes described a situation which occured in Buena Park where simi- lar stipulations were made by the developer in answer to opposin~ neighbors, how- ever, prior to development the property was sold and the eventual development did not meet the original stipulations .... Councilman Pebley informed Mt. Hawkes that should a developer not meet the requirements imposed upon the zonin~ and variance approved by the Anaheim City Council, he would not be able to have a final building inspection. The Mayor asked if anyone else in opposition wished to address the Council. Mrs. Sandra Heal, 6706 Via Riviera Way, inquired as to how the l)eveloper proposes to handle the drainage, and Mr. Rose indicated on the plot plan the pro- perty which has been purchased and advised that they proposed to construct a cul- vert to take the drainage to Via Riviera Way. Mrs. Eathy Porter, 9395 Via Vico, Buena Park, stated that her concern is for the children of the immediate neighborhood who must walk to and from school and the additional traffic which they will encounter due to this project. She pointed out the locations of Cypress Junior College and Western High School,. both o£ which create a large volume of traffic in the immediate area. She re- marked that the children living within the proposed development would also not have a safe way to walk to school. 73-749 City Hall~ Anaheimv California - COUNCIL MINUTES - September 18~ 1973~ 1:30 P.M. The Mayor asked if anyone else in opposition wished to address the Council, there being no response, offered the Applicant a few minutes for re- buttal. Mr. Rose advised Council that the City of Buena Park requires as a condition of acceptance of the drainage that the Developer abide by their drain- age standards. In regard to the school age population which would be generated by the apartment complex, Mr. Rose reported that they propose to build 76-one bedroom and 72-two bedroom apartments, and further noted that apartments, according to statistics, generate .fewer school age children than do single- family homes. Regarding the safety of school children while enroute to the local schools, he remarked that the development of this property would provide a sidewalk, whereas none exists currently. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. RESOLUTION NO. 73R-403: Councilman Pebley offered Resolution No. 73R-403 for adoptiOn, authorizing the preparation of the necessary ordinance, changing the zone as. requested, subject to the following conditions reconmlended by the Interdepartmental Committee with amendment to Condition No. 5: 1. That street lighting facilities along Orange Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirement. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Orange Avenue for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That a 10-foot slumpstone wall shall be constructed along the north and west property lines including the backs of carports as well as areas in between. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject property shall be served by underground Utilities. 8. That the completion of these reclassification proceedings is con- tingent upon the granting of Variance No. 2532. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 11. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 12. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1 and 2, above mentioned shall be completed. The pro- visions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. 13. That Condition Nos. 3, 5, 6, 7, and 10, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-7 - R-3) 73-750 City Hall, Anaheim, California - COUNCIL MINUTES - ~e~tember 18, 1973,. 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMI/N: Sneegas, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: Stephenson The Mayor declared ResolUtion No. 73R-403 duly passed and adopted. RESOLUTION NO. 73R-404: Councilman Pebley offered Resolution No. 73R-404 for adoption, granting variance No. 2532, subject to the following conditions, recom- mended by the Interdepartmental Con~nittee, with amendment to Condition No. 2~ 1. That this Variance is granted subject to the completion of Reclass- ification No. 73-74-7, now pending. 2. That subject property shall be developed substantially in confor- mance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3, provided however, that louvers shall be installed on all second story windows along the west and north walls of the westernmost and northernmost buildings respectfully to provide privacy to the adjoining R-1 properties, as stipulated to by the Petitioner. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO.' 2532. Roll Call Vote: AYES NOES ABSENT COUNCILMEN: Sneegas, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: Stephenson The Mayor declared Resolution No. 73R-404 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2534: Submitted by Dale E. and Sarah A. Fowler to con- struct an industrial building with waiver of required masonry screening wall along adjacent residential property, on M-1 zoned property located on the south- west side of Miller Street, north of Miraloma Avenue. The City Planning Commission pursuant to Resolution No. PC73-174, denied Variance No. 2534. Application was filed for Exemption Declaration Status from filing of an environmental impact report and finding was made on August 28, 1973 that the impact of this project would be trivial in nature and therefore no environmental impact report is required. Review of action taken by the City Planning Commission was requested by Councilman Dutton at the August 28, 1973 meeting and public hearing scheduled this date. Mr. Roberts noted the location of subject property and advised that the properties to the north and south are currently in the R-A Zone but under resolu- tion of intent to M-1. The property to the west for the majority of the boundary is in the M-1 Zone, although there is a portion, approximately 30 feet, along this boundary which abuts an R-A parcel which has a residence located upon it and also is under resolution of intent to M-1. There are residential structures on the R-A parcels immediately to the south and north, both of which have frontage on Miller Street. Mr. Roberts pointed out that in the past, staff has taken the liberty, in similar cases where the residential property is under resolution of intent to M-1 and the adjacent property owner will submit a letter indicating no objection, of permitting the owner to develop his industrial property without the required · masonry wall. In this instance, Mr. Roberts reported that staff did receive a letter from the R-A property owner to the south which indicated opposition to the waiver of the masonry wall. 73-751 The MaTor asked if the Applicant or his Agent were present and wished to address the Council. Mr. Dale Fowler, 1430 South Grand Avenue, Santa Ana, owner of subject property advised that before acquirin~ the property in question, he had ascer- tained that the adjacent properties were under resolution of intent to the M=I Zone. He state~ that following discussions with the Planning Division, he felt that the intent of this ordinance is to provide for screening of residential properties from industrial uses. However, he reported that on observation it did not appear to him that the property either to the north or south of subject parcel was bein~ used in a purely residential manner. Rather, there are dis- mantled automobiles and used equipment stored on these properties. In con- clusion he remarked that he would be placed at a disadvantage to have to stall a block wall fence to screen, these properties from his industrial develop- ment. In answer to Mayor Dutton, Mr. Fowler stated Ghat he had never met the Mayor in person and had only spoken with him once on the telephone a few days prior to this meeting. The Mayor asked if anyone in opposition wished to address the Council. Mrs. Dorothy Angle, 1341 Miller Street, related that she does not live adjacent to subject parcel, but does own property which abuts it. She stated that Mr. Fowler's remarks regarding the use of the properties to the north and south of his were in error, and contended that these are rented for residential purposes. She further informed the Council of the ownership of surrounding parcels indicating these on the map, and advised that these pro- perty owners are opposed to waiver of the masonry wall as well. Mrs. Angle advised that a letter in opposition was submitted to the Planning Commission prior to their hearing and that this letter contained the signatures of every property owner on Miller Street. She requested that this be read by the City Clerk and the signatures noted. Councilman Pebley asked Mrs. Angle whether she did not feel that the development of subject parcel would increase the value of her.adjacent propert- ies, Mrs.'Angle advised that it would be some years before she would be prepared to sell her property. She reminded Councilman Pebley that the area in question is still 75~ residential and that the property owners do live there and intend to continue to use their property for residential purposes and would therefore prefer to have a wall to screen them from the industrial use. Mayor Dutton asked Mrs. Angle how far her residence is removed from the subject parcel to which she answered 133 feet. She advised that neither she nor any of these property owners had ever requested the resolution of in- tent to M-1 zoning which currently applies to their property. The letter referred to by Mrs. Angle was given to Councilman Thom at his request. Mrs. Reba Feemster, 1352 North Miller Street, stated that she lives across from subject property, next to AnaheimLake which she advised is not maintained as well as it should be. She related difficulties which she has encountered as a result' of the development of subject property, in particular the mud and silt on her curbing and driveway. Further she related that she has lived on her property since 1949 and was annexed into the City of Anaheim against her objections and that the property was destined to be industrial also against her objections. She remarked that she would like to see the area remain residential and could see no reason why the Applicant should not be required to con- struct the masonry wall. Mr. H. OSawa, 3357 Miraloma Avenue, advised that his property is ad- jacent to the new industrial development site, and that he would be opposed to waiver of the masonry wall because of the noise, nuisance and mainly the hazard 73-757 City Hall, Anaheim~ California - COUNCIL MINUTES - September 18~ 1973! 1:30 P.M~ which this development presents for his children. He advised that they are long time residents and plan to remain on their property. He felt that the require- ment for the masonry wall would eliminate many future problems. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. Mayor Dutton submitted photographs taken at his request by the Public Information Office, illustrating the condition of the property adjacent to sub- ject parcel on all four sides, showing the dismanteled, junked and inoperable cars and equipment and also the landscaped area fronting Anaheim Lake, which he felt should be in a better state of maintenance than these photographs reveal. The photographs were reviewed by Council and by Mrs. Angle. At the conclusion of discussion and review of the photographs, Mayor Dutton in light of the situation which currently exists in the area inm~ediately surrounding Mr. Fowler's property, felt that there was sufficient justification to grant the waiver of the block wall and substitute instead a requirement for a chain link fence for the protection of the industrial development. The Applicant stipulated that he would be willing to erect a chain link fence. RESOLUTION NO. 73R-405: Councilman Dutton offered Resolution No. 73R-405 for adoption, granting Variance No. 2534, subject to the following conditions recom- mended by the Interdepartmental Committee and amended to require the chain link fence: 1. That the sidewalks shall be installed along Miller Street as re- quired by the City Engineer and in accordance with standard plans and specifica- tions on file in the office of the City Engineer. 2. That street lighting facilities along Miller Street ahall be in- stalled as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 5. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 6. That subject property shall be served by underground utilities. 7. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be pro- tected with six-inch high concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces. 8. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 9. That appropriate water assessment fees as determined by the Director of Public 'Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, provided however, that a six-foot high chain link fence shall be construc- ted along the north, west, and south boundaries, and behind the required 50-foot setback along Miller Street. 11. That Condition Nos. 1, 2, 3, 5, 6, 7, 8, and 9, above mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2534. 73-753 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 18~ 1973~ 1~30 ,~'M. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Sneegas, Pebley and Dutton COUNCILMEN: Thom COUNCILMEN: Stephenson The Mayor declared Resolution No. 73R-405 duly passed and adopted. Mayor Dutton requested that a representative of the Public Works' Department investigate the situation on Miller Street, adjacent to Mr. Fowler's property to determine whether the mud situation mentioned by Mrs. Feemster con- stitutes a traffic hazard. ~RIVATE PATROL PERMIT - BLANDER PATROL: Application for private patrol permit filed by Mr. Armasa Blander for permission to operate a security guard business in the City of Anaheim, was submitted and granted subject to provisions of Chapter 4.60 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. BUSINESS LICENSE FEE WAIVER - ALCOHOLICS ANONYMOUS CONVENTION£ Request of Attorney Phillip A. Pe~ty, Perkal, Petty, Barbaro and Stabile, on behalf of Alcoholics Anonymous for waiver of the required business license fee in connection with the sale of tape recordings of the proceedings at the Annual Southern California Convention of Alcoholics Anonymous, October 12 - 14, 1973, was submitted to- gether with recommendation from the City Attorney's Office that said waiver be granted. On motion by Councilman Thom, seconded by Councilman Pebley, request for waiver of business license fee was granted in accordance with Council Pol- icy No. 305. MOTION CARRIED. SlX-FOOT CINDER BLOCK WALL - SOUTH BOUNDARY OF TRACT NO. 6569: Request to discuss the six-foot cinder block wall constructed in conjunction with the R-3 develop- ment on Ward Terrace Street, east of Sunkist, from property owner Sally A. Gipple .was submitted for Council consideration together with report from Devel- opment Services Department. Mr. Roberts reported that the subject six-foot wall was constructed along the north boundary of the R-3 four-plex tract, in accordance with Code requirements. The R-3 property owners now advised that the developers of Tract No. 6569 (Reclassification No. 72-73-21, Variance No. 2436) which abuts the R-3 property at their north boundary, adjacent to the six-foot wall has modified the grade level in such a manner as to raise the level as much as four feet. This in effect reduces the height of the existing six-foot wall on the R-1 side to two to three feet above grade. The R-1 tract is not required by Code to construct a six-foot fence adjacent to R-3 properties, but the developer has constructed retaining walls on the R-1 side of the fence to support the additional fill and will be required to construct six-foot masonry walls along Sunkist Street and the Orange Freeway. Mr.'. Mel Hoeffliger, part owner of the R-3 property, advised that they had no opposition to development of the R-1 tract, however, with the differ- ence in elevation there is sight intrusion from the R-1 tract down into their property with resultant loss of privacy. In particular, he described the shor- tened six-foot fence as a hazardous situation since an unaware child or adult could step over the lowered fence and fall six feet into the concrete patio areas of the four-plex homes. Sally A. Gipple, advised that she wrote the letter requesting an ap- pearance before the City Council and that she is representing other property owners on Sunkist in this request (attached to her letter was a petition con- taining 14 signatures). She remarked that the subject R-3 tract was developed in an attractive manner and is extremely well maintained. She advised that at the outset of construction of the R-1 tract she did check with the Planning and Zoning Divisions regarding the potential effect of this on her property and the plans indicated a six-foot fence with a retaining wall which she assumed to mean that the developer of that R-1 tract'would be putting in a six-foot fence. She felt it was detrimental to her property to have the rear yards of the 73-754 City. Hall~ A~aheim! California - COUNCIL MINUTES - September 18~ 1973~ 1.:30 P.M. adjacent single-family tract, which are elevated four feet and have sight line over the existing three-foot fence and into the patios, bedrooms, kitchen and living room areas of the four-plex tract. Mayor Dutton inquired as to Just how the situation had occurred and in particular why the R-1 tract has modified the grade level by three feet. City Engineer James Maddox reported that at the time the original block wall was built by the R-3 developer, the land was essentially the same level on either side. The developer of the R-1 tract to the north, to obtain the slope necessary for street and sewer drainage had to elevate the southerly portion of the tract so that the drainage would flow toward Sunkist Street. The grade de- viation varies from zero to three feet. He remarked that the current situation occurred, because when the tentative tract maps are reviewed, no precise plans for street and sewer grades are prepared; it is not until the final grading plan is formulated that the relative grades from one boundary to another are known and this is generally months after the tentative tract map has been approved. Assistant City Attorney Alan Watts.related his own personal experience with a similar situation and advised that perhaps the eventualR-1 property owners could add to the top of the fence. Councilman Pebley advised that it is not possible to add onto existing walls unless they are designed to carry additional weight, which was most likely not the case in this instance. Mr. Watts suggested perhaps the retaining wall on the R-1 side of the fence, which is an engineered wall, could be built up. Councilman Pebley remarked that there is no recourse for the City at this._po~nt, the houses are already constructed. Ms. Gipple reiterated that this could prove to be a dangerous situation in that, in effect, a liability has been created for her as a property owner. Councilman Sneegas felt this would appear to be a hazardous situation which was caused by the developer o~ the R-1 tract and perhaps the City might proceed on that basis. Mr. Watts counseled that this might be correct, the residents may con- sider the lowered fence and six-foot drop hazardous, but the responsbility for solution of this situation would rest upon the property owners involved. Councilman Sneegas remarked that he would personally like to inspect the wall under discussion. Councilman Pebley suggested that the City Attorney's and City Engineer's Offices be represented on this field inspection as well. By general Council consent, further discussion of the six-foot cinder block wall at the southerly boundary of Tract No. 6569 was continued to September 25, 1973 to allow time for inspection of the situation. PROPOSED BICYCLE ROUTE: Response received from the Traffic Section, State of California, Department of Transportation, relative to the designation of State College Boule- vard as a bicycle route with appropriate signing, was submitted together with report from the City Engineer. Said report outlines the contacts made with the Depart- ment of Transportation and the results thereof, namely that the State bicycle lane standard is to provide a trail outside the parking lane appropriately marked and designated; and therefore the City's proposal for marking was not acceptable. Survey of State College Boulevard in light of the new State standards was undertaken and it was determined that due to the minimal parking demands, a lane eight-foot from the curb would put the bicyclist in more jeopardy than exists without a striped lane. Following this determinatiOn by the City Engineer, the Department of Transportation was again contacted and requested to consider State College Boulevard as a bicycle route without striPing but with signs to identify the route and they have advised that this could be approved under their regular permit procedure.' 73-755 ~ity Hall! Anaheiml California - CO,,,U~L MINUTES - September 18~ 1973i 1:30 ,P.M. The City Clerk advised that Council Minutes of January 23, 1973 in- dicate that the City Council determined it would, upon receipt of response from the State Division of Highways relative to the use of State College and other State highways within the proposed bikeway system, schedule a public hearing to receive in-put on the matter. Councilman Sneegas took exception to the statement that there is a minimal parking demand on State College Boulevard, noting that he personally counted 26 parked automobiles on one side and 35 on the other along State Collese from La Palma Avenue to Ball Road. He personally was of the opinion that State College Boulevard is not the appropriate street for a bicycle route and further that the striping of a route would create a false sense of security for the bicyclist, making him more likely to be less cautious. Councilman Thom concurred that it might be true that the cyclist would be less cautious while using a bicycle route, however he felt that the designation of a bike route does make the motorists acutely aware of cyclists and therefore much more careful. Councilman Sneegas was conCerned about any measure which would de- crease the usable width of State College Boulevard as this street carries a large volume of traffic. The only way he felt that the bicycle lane might be safe and effective would be if the parking were removed, and this would be considered unreasonable. Councilman Pebley stated that if any parking restrictions are pro- posed in conjunction with this bicycle route, then all property owners who would be affected by such restrictions should be duly notified of this hearing. Councilman Thom stated that he felt that there should be some sort of a public meeting to formally adopt the bikeway system, noting that he has received much response regarding such a system. Councilman Sneegas remarked that he was concerned that such a public discussion would be attended by only the proponents of the bikeways and there- fore the in-put received would be biased; the result being that perhaps a further public hearing would be necgssary relative to parking restrictions to implement a bikeway. Councilman Sneegas further felt that prior to the public meeting, it should be determined what exactly is proposed, both striping and signing or just signs indicating the bicycle route. He remarked that he could personally see no justification for the expense of posting signs to tell people that they may ride bicycles on a particular street, since this is already permissible. He felt that the designation of bicycle routes would create a traffic hazard rather than solve one, unless streets are used on which there is no parking at all and have extra width. Councilman Thom felt it necessary to officially designate what the bike route is within the City of Anaheim and particularly where it connects with bicycle routes in other cities. He reiterated that he feels the visible marking of a bike trail put the motorists on guard and compared it with similar signing for school or hospital zones. He stated that the cities which have designated bicycle routes are experiencing success. Councilman Sneegas outlined the situation before the Council as one of three choices, these being that the bicycle trail consist of: 1.) The minimum of signing, the value of which he questions; 2.) striping a lane and thereby diminishing the usable space for automobiles; 3.) imposing parking restrictions to implement a bikeway. He advised that he will bring the entire matter of the bikeway system to the attention of the Parks and Recreation Com- mission at their forthcoming meeting, and by general Council consent, a public discussion on adoption of the proposed bikeway system was set for October 16, 1973. PREPARATION OF TRAFFIC CONTROL INVENTORY: At the request of the City Engineer, action on recommendation to retain engineering services in connection with a traffic control inventory program was continued for two weeks. ~3~75-i Ctt[ Hall~ A~aheim) Califprmia - COUNCIL MINUTES - ~eptember ~8~ 1973~ 1:30 P.~? VARIANCE NO. 2523: Applicant - Automation Industries. Code waiver was requested to permit screening of existing outdoor uses with slatted chain link fence. The variance was granted by the City Planning Commission with condition imposed that redwood slats be installed in the existing chain link fence. On recommendation of the Zoning Supervisor, after determining that the Applicant was not able to obtain the redwood slats, the City Council set the item for public hearing on October 9, 1973. Mr. Roberts reported that the City Planning Commission has since re- viewed this requirement and amended the condition to allow the Applicant to use metal slats On motion by Councilman Dutton, seconded by Councilman Pebley, public hearing on Variance No. 2523 scheduled for October 9, 1973 was rescinded. MOTION CARRIED. BUENA PARK CONDITIONAL USE NO. 458: Subject property is located immediately adjacent to the Anaheim City Boundary on the south side of Crescent Avenue, east of Dale. The Applicant proposes to establish a two-story apartment complex, within 50 feet of a single-family residential zone. The City of Anaheim property which lies adjacent to this proposed site is in the R-A Zone and designated on the general plan as appropriate for low density residential development. The City Planning Commission recommended to the City Council that the City of Buena Park maintain the one-story height limitation within 150 feet of the City of Anaheim boundaries. Councilman Sneegas remarked that the low density residential d~signa- tion for the property notwithstanding, he finds it difficult to envision anyone building a single-family home on a signalized intersection such as exists at Crescent and Dale. Following discussion, it was ascertained that the proposed development would not provide any sight intrusion into residential property, the land uses being a church and the Braille Institute and the remainder undeveloped. Councilman Pebley moved that the City Council take no action on Buena Park Conditional Use No. 458. Councilman Sneegas seconded the motion. MOTION CARRIED. VARIANCE NO. 2540 - AMENDMENT OF CONDITIONS: Property located on the north side of Lincoln Avenue, east of Brookhurst Street. The Applicant originally requested a variance to permit a double-faced free-standing sign to be constructed not with- in the center 20% of the lot, so that two existing, mature trees might be retained, and this was granted. Mr. Roberts reported that subsequent to this action, the City's Parkway Maintenance Division ordered removal of one of these older trees and this was replaced with a younger tree. The City Planning Commission, on reconsideration of the matter, determined that the Petitioner had all intentions of complying with the condition, but that the circumstances were beyond his control so that the waiver for the sign should remain. The City Council took no further action on Variance No. 2540. RESOLUTION NOS. 73R-406 THROUGH 73R-410 - AWARD OF CONTRACTS: In accordance with recommendations of the City Engineer, C6uncillman Sneegas offered Resolution Nos. 73R-406 through and including 73R-410 for adoption. Refer to Resolution Book. 73-757 City Hallt Anaheimt California - COUNCIL MINUTES - September ~81 1973; 1:30 P.M~ RESOLUTION NO. 73R-406 - WORK ORDER NO. 682-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA JOLLA STREET AND RED GUM STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 682-A. (R. J. Noble Company - $36,279.90) RESOLUTION NO. 73R-407 - WORK ORDER NOS. 686-A~ 687-B AND 1247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT: THE IMPERIAL HIGHWAY AND NOHL RANCH ROAD STREET, SEWER AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 686-A, 687-B AND 1247. (McGrew Construction - $266,833.59) RESOLUTION NO. 73R-408 - WORK ORDER NO. 699-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE LA CRESTA AVENUE-RED GUM STREET STREET IMPROVEMENT IN THE CITY OF ANAHEIM, WORK ORDER NO. 699-A. (Griffith Company - $26,701.00) RESOLUTION NO. 73R-409 - WORK ORDER NO. 700-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A £ONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, PERFORMING ALL WORK NECSSSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE BLUE GUM STREET AND MIRALOMAAVENUE STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 700-B. (Jim's Blade Service - $15,730.70) RESOLUTION NO. 73R-410 - WORK ORDER NO. 1312: A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVE- MENT: THE SANTA ANACANYON SOUTH RIVER TRUNK, PHASE II, AND WALNUT CANYON SEWER FROM SANTAANA CANYON ROAD TO SOUTH RIVER TRUNK, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1312. (Rogers & Davies Pipeline Contractors - $50,474.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution Nos. 73R-406 through 73R-410 duly passed and adopted. RESOLUTION NO. 73R-411 - WORK ORDER NO. 9165: No. 73R-411 for adoption. Councilman Dutton offered Resolution Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: REMODELING OF CITY HALL ANNEX, 150 EAST LINCOLN AVENUE (FORMER BANK OF AMERICA BUILDING), IN THE CITY OF ANAHEIM, WORK ORDER NO. 9165. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE City Hall, Anaheimt California - COUNCIL MI.NUTES.-. September 18~ 197~ 1:,30 CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACcORDANC~ WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - October 11, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 73R-411 duly passed and adopted. RESOLUTION NO.. 73R-412 - WORK ORDER NO. 685-A: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 73R-412 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE EMPIRE STREET STREET IMPROVEMENT FROM APPROXIMATELY 703 FEET SOUTH OF TO APPROXIMATELY 953 FEET SOUTH OF BALL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 685-A. (Sully-Miller Contracting Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 73R-412 duly passed and adopted. RESOLUTION NO. 73R-413 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 73R-413 for adoption. Refer to Resolution Book. ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Hazel I. Maag; Robert H. Grant Cor- poration; Shelton and Son, Inc.; Jerome A. Stewart, et al; Jerome A. Stewart~ et al; International Church of the Four-Square Gospel; Bert & Madeline B. Bledsoe; Pacific Scientific Company; Ntk Knetp & Venie Kneip; Rancho Yorba Homeowners' Association) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 73R-413 duly passed a~d adopted. PROPOSED AB~MDONMENT - RESOLUTION NO. 73R-414: No. 73R-414 for adoption. Councilman Sneegas offered Resolution Refer to Resolution Book. A BESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTEN- TION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEAR- ING THEREON. (No. 73-1A, October 9, 1973, 1:30 P.M.; a portion of dedicated roadway known as Mystic Lane, east of Gilbert Street, north of Ball Road) Roll Call Vote: 73-759 City HallI Anaheim~ California - COUNCIL bi,INUT~S - September 18, 1,973! 1:30 p;Mr ~:' '!.~:~"i AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson The Mayor declared Resolution No. 73R-414 duly passed and adopted. PURCHASE OF EQUIPMENT - 2~880 BASEBALL CAPS: The City Manager reported on informal bids received for the purchase of 2,880 baseball caps as follows and recommended acceptance of the low bid: VENDOR Wisser's Sporting Goods, Anaheim Spartan Sales & SerVice, Whittier Conlin Bros., Inc., Anaheim TOTAL AMOUNT; INCLUDING TAX $3,052.80 3,480.19 3,449.66 On motion by Councilman Pebley, seconded by Councilman Dutton, the low bid of Wisser's Sporting Goods was accepted and purchase authorized in the amount of $3,052.80, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - ALTEC SOUND EQUIPMENT (MAIN CLUSTER - CONVENTION CENTER}: The City Manager reported on informal bids received for the purchase of Altec Sound equipment for the Convention Center as follows and recommended acceptance of the low bid: VENDOR Hannon Engineering, Los Angeles K-T Electronics, Long Beach TOTAL AMOUNT; INCLUDING T.AX $11,222.54 13,303.00 The City Manager advised that this equipment would be included among those items to be financed through the proposed lease-purchase agreement for Convention Center expansion equipment. On motion by Councilman Pebley, seconded by Councilman Dutton, the low bid of Harmon Engineering was accepted and purchase authorized in the amount of $11,222.54, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - CABINETS & SWITCHES: The City Manager reported on informal bids received for the purchase of cabinets and switches for the Electrical Division, as follows and recommended acceptance of the low bid: VENDOR S & C c/o Randolph Ind., E1 Monte McGraw-Edison, City of Commerce General Electric Co., Los Angeles TOTAL AMOUNT~ INCLUDING TAX $57,764.59 79,055.00 17,437.00 On motion by Councilman Sneegas, seconded by Councilman Dutton, the low bid of S& C c/o Randolph Ind., was accepted and Purchase authorized in the amount of $57,764.59, including tax. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Dutton, seconded by Councilman Sneegas: a. Financial and Operating Reports for the Month of August, 1973 for the Building Division. b. Cultural Arts Commission - Minutes - August 13, 1973. MOTION CARRIED CORRESPONDENCE - PROPOSED NOISE CONTROL ORDINANCE - COUNTY OF ORANGE: Mr. Murdoch presented comments prepared by the Development Services Department, Planning Division, relative to the proposed County Noise Control Ordinance and advised that public hearing on said ordinance has been set before 'the County Board of Supervisors on September 19, 1973, 9:30 a.m., should the Council wish to direct anyin-put to said body. ,No further action was taken by the City Council. -73-760 City Hall! Anaheim, California - COUNCIL MINUTES - September 18~ 1973~ 1:30 P.M. ORDINANCE NO. 3210: Councilman Sneegas offered Ordinance No. 3210 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-62 (1) - C-O) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Ordinance No. 3210 duly passed and adopted. ORDINANCE NO. 3211: Councilman Sneegas offered Ordinance No. 3211 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (56-57-76 (5) - M-l) ORDINANCE NO. 3212: Councilman Sneegas offered Ordinance No. 3212 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55 (5) - M-l) ALCOHOLIC ~EVERAGE LICENSE APPLICATION: Application submitted by Phillip James Knowlton for on'sale beer at 820 North Euclid Avenue, Anaheim, was conditionally protested on the basis of zoning on motion by Councilman Pebley, seconded by Councilman Dutton. MOTION CARRIED. TAX REDUCTION AND LIMITATION AMENDMENT - PROPOSITION NO. I: (Staff response requested by the City Council following presentation on August 28, 1973.) Mr. Murdoch ad- vised that the staff response to Proposition No. I has been prepared on a rather general basis, since the amendment is expected to have an indirect impact on government at the local level. Mr. M. R. Ringer, Finance. Director, reviewed the various provisions as set forth by Proposition No. I, the objective of which is to force an eventual reduction of State income. One of the provisions which would affect the city govermnent is the limitation on local property taxes, however this has already been accomplished by S.B.-90. Mr. Murdoch further pointed out that the City of Anaheim has not had a tax rate increase in the past 20 years, and it is,therefore,doubtful that the City would feel any impact as a result of the tax freeze. Mr. Ringer noted also that there are some State revenues, such as cig- arette, sales and gasoline taxes, which are collected by the State and transmitted to the City as subventions and it is not thought the Proposition would affect these since they are not a part of the State budget. Mayor Dutton stated that he personally favors Proposition No. I and feels that the time is long over due that government should be placed under simi- lar constraints as businesses and forced to review their priorities. Councilman Sneegas summarized that as far as he understands, the present nine billion dollar State budget could increase at current growth rates to 47 billion dollars over a projected 15 year period. Under Proposition No. I, the dollar amount in the budget would still increase due to inflation, the expanding economy and the growth of the State, but this increase would be held to 8 and 3/4% and gradually reduced to 7% over the 15-year period. Annual inflation and growth will furnish the funds required to continue the same level of programs or alternatives to these as decided, but will not furnish funds for an ever-in- creasing government. Councilman Sneegas stated he particularly approved of the · placement of responsibility for review of priorities on those in decision making positions, as would be the case in Proposition No. I, since this would force them to consider the financial implications rather, than implementing the programs and then appropriating funds to pay for them. 73-761 Cit[ Hall~ Anaheim; California - COUNCIL MINUTES - september 18! 1973~ 1:30 P.M. Mayor Dutton then read in full a prepared statement regarding the tax limitation amendment from the Governor's Office. (Complete statement on file in the office of the City Clerk.) RESOLUTION NO. 73R-415: After reading the prepared statement, Councilman Dutton remarked that although he has been reluctant to endorse legislation in t pas , he personally[feels strongly that the electorate should consider the tax limitation initiatiMe as a means to control the growth of State governmental revenues and thereupon offered Resolutzon No. 73R-415 for adoption, supporting the revenue control iand tax reduction program and urging voter approval on November 6, 1973. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENDORSING PROPO- SITION 1. Roll Call Vote: AYES: CO,ZCI N: Sneegas, Pebley and tton NOES: COUNCII2iEN~-' None ABSTAINED: COUNCILMEN~ Thom ABSENT: COUNCILMEN. Stephenson The Mayor declared Resolution No. 73R-415 duly passed and adopted. The Mayor requested that copies of the foregoing resolution be sent to cities within Orange County. STATUS ON RESEARCH OF PROPOSED JOINT POWERS AGREEMENT - CHINO HILLS AIRPORT PROJECT: ' Assistant City Attorney Alan Watts reported that he has met with representatives of Chino Hills Airport Complex, Inc., who have furnished him with some addi- tional documentationland he should be prepared to present a progress report on September 25, 1973. LEASE PURCHASE AGREEMENT 7 SECURITY PACIFIC BANK: Mr. Watts reported that the nego- tiations for the lease purchase agreement, discussed and authorized some time ago foracquisition. 9f certain movable equipment in connection with the Conven- tion Center additioniare complete and it is recommended that the agreement be entered with Security Pacific National Bank. Mr. Ringeripresented the particulars of the agreement, namely that the term would be eight years with semi-annual payments of $12,715.43 every six months. The intgrest rate is a simple five percent and the total lease purchase is for $1664000 worth of equipment.. Mr. Watts ~urther noted that all of the equipment to be leased will be specifically identified and referred to in the agreement and will be brought to Council for approval in the routine manner on City purchase orders as well. RESOLUTION NO. 73R-4~6: Councilman Sneegas offered Resolution No. 73R-416 for adoption, authorizln~ the Mayor and City Clerk to execute an agreement with Security Pacific National Bank for lease of equipment for the Convention Center addition. Refer to R~solution Book. A RESOLUTION OF THE ~ITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS [OF AN AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK PERTAINING TO THE LE~SE OF CERTAIN EQUIPMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and I)utton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson ' .The Mayor d~clared Resolution No. 73R-416 duly passed and adopted. 73-762 City Hall~ Anaheiml California - COUNCIL MINUTES - September 18~ 1973~ !:30 P,M. RESOLUTION N0. 73R-417 - AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT - STATE COLLEGE STORM DRAIN CONiTKUCTION: Councilman Sneegas offered ReSOlUtion No. 73Ri417'for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AGREEMENT NO. C792 WITH THE oRANGE COUNTY FLOOD CONTROL DISTRICT IN CONNECTION WITH STATE COLLEGE STORM DRAIN CONSTRUC- TION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREE- MENT. (Agreement No. C-792 - $400,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 73R-417 duly passed and adopted. RESOLUTION NO. 73R-418 - AGREEMENT WITH COUNTY OF ORANGE FOR IMPROVEMENT OF IMPERIAl, HIGHWAY: COuncilman Sneegas offered Resolution No. 73R-418 for adOption.' Refer to Resolution Book. A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE FOR THE IMPROVEMENT OF IMPERIAL HIGHWAY FROM SANTA ANA CANYON ROAD TO NOHL RANCH ROAD AND NOHL RANCH ROAD FROM ROYAL OAK ROAD TO IMPERIAL HIGHWAY UNDER ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO. 654. (Imperial Highway from Santa Ana Canyon Road to Nohl Ranch Road, and Nohl Ranch Road from Royal Oak Road to Imperial Highway, A.H.F.P. No. 654) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN.' ABSENT: COUNCILMEN: Sneegas Pebley, Thom and Dutton None Stephenson The Mayor declared Resolution No. 73R-418 duly passed and adopted. APPOI.,~.NT - .VOTING DELEGATE AND ALTERNATE - ANNUAL CONGRESS OF THE ~ATIONAL r.~4GUE. OF CI~E~: On motiOn by CounCilman PebleY, seConded by'COUnCilman Dmtton~ the'~Mayor and-Mayor Pro Tem were designated voting delegate and alternate respectively for the Annual Congress of the National League of Cities, San Juan Puerto Rico, December 2 - 6, 1973.. MOTION CARRIED. APPOINTMENT. - GREENBELT COMMITTEE: Councilman Sneegas nominated Mr. Buzz Long, 600 South State College Boulevard, for appointment to the Anaheim Greenbelt Committee, replacing Mr. James Bush, and said appointment was ratified by the City Council, on motion by Councilman Sneegas, seconded by Councilman Pebley. MOTION CARRIED. REQUEST - USE OF PARKING LOT AND FORMER BANK OF AMERICA BUILDING - HAZLOWEEN FESTIVAl. CG:iI'~TEE: Mrs. Fern Jackson, 201 La Plaza, representing the Chamber of Commerce, Halloween Festival Committee, requested permission to use the parking lot located between Claudina Street and Anaheim Boulevard and the former Bank of America build- ing for an arts and crafts show in conjunction with the Annual Halloween Festival, October 27 and 28, 1973 from 9:30 a.m. to 5:30 p.m. Mrs. Jackson advised that she proposes to charge exhibitors a fee of $5.00 per day for a 10 by 15 foot space in the parking lot. The proceeds from this activity she advised would be used for expenses associated with the Festival', in particular, the children's events. The Bank of America building would be used to display various art work from the Anaheim Art Association. Councilman Pebley left the Council Chambers. (4:25 P.M.) 73-763 City Hall~ Anaheim! California - CODNCIL MINUTES - ..September 18! 1973~ 1:30 P,M, Mr. Murdoch pointed out that the City Council has authorized a call for bids on the remodeling of the former Bank of America buildingand although it is doubtful that the use requested by the Halloween Festival Committee on October 27 and 28, 1973 would interfere,he advised that the show would have to be removed prior to Monday, October 29, 1973, on which date the contractor would begin the remodeling project. In addition, he noted' that the City Council has not previously permitted the use of public property for fund raising act- ivities, however, if Mrs. Jackson would stipulate that the Chamber does intend to utilize the proceeds for expenses related to the Halloween Parade and Fes- tival, which is jointly sponsored by the City and the Chamber of Commerce, this should not present a problem. Mrs. Jackson advised that the exhibits in the Bank of America building would be removed prior to the parade on Saturday evening and she assured Council that the profits derived from the arts and crafts show would be used solely for expenses associated with the Halloween Festival and parade. Councilman Dutton moved that the Halloween Festival Committee be granted use of the parking lot between Claudina Street and Anaheim Boulevard and the former Bank of America building on October 27 and 28, 1973, as requested, with the stipulation that any proceeds derived are to be used for expenses of youth activities connected with the Halloween Festival, an event which is jointly sponsored by the City of Anaheim and the Anaheim Chamber of Commerce, subject to the details being worked out with City administration. Councilman Thom seconded the motion. MOTION CARRIED. Councilman Pebley returned to Council Chambers. (4:30 P.M.) RECESS - EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session. COuncilman Dutton secOnded the motion. MOTION CARRIED' (4:30 P.M.) AFTER I%ECESS: Mayor Dutton called the meeting to order, all Councilmen being pre- ~ent with the exception of Councilman Stephenson. (5:20 P.M.) ~0TIC~ OF FILING FOR DISABILITY RETIREMENT - JOSEPH B. GEISL~R~ CITY ATTorNEy: Mayor Dutton read a statement from City Attorney Joseph B.'GeiSler advising of his filing for disability r~tirement as of September 11, 1973, for reasons of health. _APPOINTMENT - ALAN R. WATTSt ACTING CITY ATTORNEY: On motion by Councilman Dutton, SeCOnded bY Councilman Sneegas, Mr. Alan R. Watts was appointed Acting City Attorney. MOTION CARRIED. ...RESO~LUTION OF APPRECIATION - JOSEPH B. GEISLER: The following Resolution of Appre- ciation was unanimously adopted by the City CoUncil for presentation to Mr. Joseph B. Geisler: RESOLUTION OF APPRECIATION WHEREAS, the City Council of the City of Anaheim accepts with 'regrets the resignation of Joseph B. Geisler; and WHEREAS, Joe served the City of Anaheim since 1957, and as City Attorney since 1963, during the .most active period of Anaheim's history; and WHEREAS, his keen knowledge of law and professional efficiency has protected and greatly benefitted the citizens of Anaheim. NOW THEREFORE, BE IT RESOLVED that I, Jack C. Dutton, Mayor of the City of Anaheim, on behalf of the City Council, co- workers and citizens of Anaheim, do hereby express sincere apprecia- tion for dedication and services rendered; and 73-764 City .Hall, A~.aheim~ California - COUNCIL MINUTES - Sept~mbgr 18~ 1973! 1530 P.M. BE IT FURTHER RESOLVED, on behalf of the City Family who Joe always stood ready to assist, that a special thanks be given to a "Very Special Friend". DATED this 18th day of September, 1973. ATTEST: Ls/ Jack C. D~tton JACK C.' DUTTON, MAYOR /s/ Dene M. Daoust kITY dL~,CITY OF ANAHBIN Councilman Sneegas left the meeting. (5:25 P.M.) RECESS - EXECUTIVE.. SESSION: Councilman Pebley moved to recess to Executive Session. Councilman Dutton seconded the motion. MOTION CARRIED. (5:25 P.M.) AFTER RECESS - A/IJOURNMENT: Mayor Dutton called the meeting to order, all Councilmen being present, With' the exception of Councilmen Stephenson and Sneegas. Councilman Dutton moved to adjourn, Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 5:45 P.M. City Clerk City Hall~ Anaheim! California - COUNCIL MINUTES - Septemher 25 1973~ ~:30 .P.M. The City Council of the City of Anaheim met in regular session. PI~SENT: COUNCILNEN: Sneegas, Pebley, Thom and Dutton ABSENT: COUNCILN~N: Stephenson PRESENT: ADMINISTRATIVE ASSISTANT: John Harding ACTING CITY ATTOI~Y: Alan R. Watts DEPUTY CITY CL~RK: Aloha M. Fattens CITY ENGINEER: J~mes P. Maddox A~SISTANT DIRECTOR OF DEVELOI~I~NT SERVICES~ R°nald Thompson ZONING SUPERVISOR: Charles Roberts TRAFFIC ENGINEER: Edward Gramzow Mayor Dutton called the meeting to order. INVOCATION: Reverend John Bucka of the Zion. Lutheran Church gavethe Invocation. FL~ SALUTEs Councilman Calvin L. Pebley led the Assembly in the Pledse of ..... ' 'Allegiance to the Fla~. R~SOLUTI,~ OF CONDOIINCJ~: The follovtng ltesolution of Condolence vas unanimously ...... ad~pted by the 'City Council: