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1972/04/1872 -212 City IIa1,1. dim.. C}lifor a COIL mss. 4Aor$l ;A Am. 1:30 P,M. FAY L&PINGI Councilman Stephenson inquired why there was no landscaping at the point where Riverdale Avenue crosses the Freeway (La Palma overcross- ing.) The City Engineer advised that this evidently was the property re- cently relinquished to the City by the State of California. Mac. Msrdoch advised the situation would be investigated to see who reeponsibi]. it was, and the matter taken care of, or a further re- port would be mode to the Council. AmgAgNmull Councilman Pebley moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 4:35 P.M. City H].1. Apaheim. California COUNCIL MINUTES April 18. 1972. 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: Roth PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: John Dawson CITY CLERK: Dene M. Daoust PARKS AND RECREATION DIRECTOR: John Collier CITY ENGINEKR: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. IpOCAnot Pastor Dean Humbert of the Trinity United Methodist Church, gave the Invocation. FLAG S6LUTE: Councilman Pebley led the Assembly in the Pledge of Allegiance to the Flag. GENERAL MUNICIPAL. ELECTION. APRIL 11. 1972 CITY CLERK'S CERTIFICATI J: Pursuant to Resolution No. 72R-39, City Clerk Dene M. Daoust submitted;Certificate of Canvass of Returns of the Regular General Municipal Election held in the City of Anaheim, April 11, 1972, conveying the number of votes given at each precinct for each candidate,' and the number of votes given in the City to persons voted for the office of Councilman. rt m ."S a H fD `C Y M fD (DD ‘.0 0 7 O fD n N M c X K rt rt W h+• 0 M 0 z rt 0 P rt -.1 7y W C fD n a w 0 •o C rt w fD to a w CD tr a rt et w tD Pt A CD w rt rt M O A CA 0 O 0 M n 1+ rt O CD 0 rt M (A OQ F w 0. w n A r• OQ rt tD M 0 Pt w fD tJ1 rt a 0 PI V a 0 0 rt OQ fD 72 14 -4 ZG6T 'TT r- u cx, I 1 I (P p w N I-r CI •C) J CT 1 I 1 A r- 1 nbse u... ,!DATED PRECINCT NC ACT -..1). G.) a• It) N N OD r-0 .t) A W ICJ 4) 3 F 74 38 49 iii 4) 1- A •O N A A W N OA W CP I-' O• CO 62 C4, v— ala_••'•L .i4V Ai lt. LLLV11V11 FOR TWO MEMBERS OF THE CITY CO 1 A CT W CT as O. 1-+ 1� co v W O• W u1 co co 33 58 68 35 35 CP J A 0 N CP W -J0- J 1 1 47 1 O• O CP O• CP CP p FBL F,, 1 :IN III A to u P..) 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C. (,T S NF AR�RFT fiS 108 r o Re SULLIVAN �1 CAN 148 r W M. VIRT 1 'OM 1451 w4 B c�R BALLOTS VOTED '19,992 t 213 1 City Hall. Anaheim. California COUNCIL MINUTES April 18. 1972. 1:30 P.M. RESOLUTION NO. 72R -137; Pursuant to said canvass, it was determined that candi- dates Calvin L. Pebley and Ralph G. Sneegas received the highest number of votes cast and were elected members of the City Council of said City for the full term of four years. Thereupon Councilman Thom offered Resolution No. 72R -137 for adoption. Refer to Resolution Book. 72 219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF ANAHEIM ON THE llth DAY OF APRIL, 1972, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: Stephenson, TIghkey, Thom and Dutton ABSTAINED NOES: COUNCILMEN: None P bley of The Mayor declared Resolution No. 72R -137 duly passed and adopted. OATH OF OFFICE: Oath of Allegiance for Public Officers was administered by City Clerk Dene M. Daoust to elected Councilmen Calvin L. Pebley and Ralph G. Sneegas. REORGANIZATION OF THE COUNCIL: The meeting was called to order by the City Clerk who announced nominations were in order for Mayor of the City of Anaheim. Councilman Stephenson nominated Councilman Dutton as Mayor for the City of Anaheim. Councilman Pebley seconded said nomination. Councilman Pebley moved nominations be closed. Councilman Stephen- son seconded said motion. (Councilman Thom abstained from voting.) MOTION CARRIED. Jack C. Dutton was declared Mayor of the City of Anaheim. The City Clerk announced nominations. were in order for Mayor Pro Tempore of the City of Anaheim. Councilman Pebley nominated Councilman Stephenson as Mayor Pro Tem- pore for the City of Anaheim. Councilman Dutton seconded said nomination. Councilman Dutton moved nominations be closed. Councilman Pebley seconded said motion. (Councilman Stephenson abstained from voting.) MOTION CARRIED. Councilman Stephenson was declared Mayor Pro Tempore for the City of Anaheim. All members of the City Council being present, Mayor Dutton assumed Chairmanship of the meeting and the business before the Council resumed. RESOLUT ON OF CONGRATULATIONS: Resolution of Congratulations to the Anaheim Truck and Transfer Company on the occasion of their 100th Year of Operation was unanimously adopted and signed by the Anaheim City Council. MINUTES: Minutes of the Anaheim City Council Regular Meeting held March 28, 1972, were approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING -_ORDINANCES AND RESOLUTIONS: Councilman Pebley 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 Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. 72-220 City Hall, Anaheim. California COUNCIL MINUTES April 18. 1972, 1 :30 P.M. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $1,021,686.97, in accordance with the 1971 -72 Budget, were approved. CONTINUED PUBLIC HEARING RECLASSIFICATION NO. 71- 72 -30: VARIANCE NO. 2327: TEN- TATIVE TRACTS N0S. 7617 AND 7730 THROUGH AND INCLUDING 7739: Reclassification No. 71- 72 -30, submitted by Ernest Danker, etal, requesting a change of zone from County zoning to City R- 2 -5,000 (Portion A) and City C -1 (Portion B) to per- mit the construction of a 593 -lot, R -2 -5,000 subdivision on Portion A. Pro- perty described as located on the north side of Santa Ana Canyon Road, east of the intersection of Walnut Canyon Road and Santa Ana Canyon Road, extend- ing easterly to the intersection of Santa Ana Canyon Road and Riverside Free- way. VARIANCE NO. 2327: Requesting waiver of Section 18.04.075 on the above -des- cribed property (Reclassification No. 71- 72 -30) requiring that lots rear upon arterial highways. TENTATIVE TRACTS NOS. 7617 AND 7730 THROUGH AND INCLUDING 7739: Developer Classic Development Corporation, involving property described in Reclassifi- cation No. 71- 72 -30, containing approximately 125 acres, as follows: Tract No. 7617 38 proposed R -2 -5,000 zoned lots. Tract No. 7730 64 proposed R-2-5,000 zoned lots. Tract No. 7731 49 proposed R -2 -5,000 zoned lots. Tract No. 7732 63 proposed R-2-5,000 zoned lots. Tract No. 7733 67 proposed R -2 -5,000 zoned lots. Tract No. 7734 69 proposed R -2 -5,000 zoned lots. Tract No. 7735 56 proposed R-2-5,000 zoned lots. Tract No. 7736 47 proposed R -2 -5,000 zoned lots. Tract No. 7737 41 proposed R -2 -5,000 zoned lots. Tract No. 7738 51 proposed R-2-5,000 zoned lots. Tract No. 7739 48 proposed R -2 -5,000 zoned lots. The City Planning Commission, pursuant to Resolution No. PC72 -30, recommended Reclassification No. 71 -72 -30 be disapproved, and pursuant to Resolution No. PC72 -31, denied Variance No. 2327. By Minute Motion, the City Planning Commission denied all tracts noted above. Public hearing was held by the City Council at their meeting of February 29, 1972, at which time said hearing was continued to this date, at the request of Mr. M.C. Mickle, Vice President of Classic Development Corporation, to allow revision of said tract maps and also revision of site development standards for the R-2-5,000 Zone, to be recommended by the City Planning Commission. Mr. Charles Roberts, referring to map posted on the east wall of the Council Chambers, noted subject property and reported that the request was for R-2-5,000 zoning on approximately 125 acres, and C -1 zoning on an approximate 1 -1/3 acre parcel at the east end of subject project, for the development of a small, convenience shopping center sometime in the future. He advised that the design of the tracts conform to the projected Access Point Study, previously adopted by the State of California, County of Orange, and City of Anaheim, with the exception of Access Point No. 9, which has been shifted easterly approximately 600 feet. Mr. Roberts noted that the area is designated low residential de- velopment on the General Plan, however, an R -2 -5,000 zoning has been approved on property west of subject property; further, the General Plan also projects the location of an elementary school, a junior high school, a park site and commercial facility in this immediate area. He stated that the only school facility anticipated by the Orange Unified School District at this time was an elementary school, and the Developer has taken into consideration the need for an elementary school and city park and has designated approximately 18 acres for the joint use; school and park site. Mr. Roberts read the findings of the City Planning Commission, be- ing the basis of their recommended disapproval. 72-221 City Hall. Anaheim. California COUNCIL MINUTES April 18, 1972, 1:30 P.M. Mr. Roberts further reported that subsequent to the City Planning Commission action the Developer has submitted a revised layout of the area which now indicates deletion of the side -on lots at Access Points 9 and 10; therefore, the waiver would no longer be necessary. He stated the revised maps were reconsidered by the City Planning Commission yesterday (April 17, 1972), and did not alter their original recommendation of denial as their position of denial was mainly taken on the basis of the proposed density of the project. In answer to Council questioning, Mr. Roberts reported that the City Planning Commission considered and will be soon forwarding recommended changes to the R -2 -5,000 Site Development Standards and Zone, and that the primary changes related to the maximum lot coverage of 33 and the relation- ship of the size of the house proposed to be developed to the total lot area. He gave as an example, a 3- bedroom house would be appropriate on a 5,000- square foot lot, and each additional bedroom would require a proportional increase of 850 square feet of lot area. Mayor Dutton noted that under the proposed new standards, the build- ing part area must be 5,000 square feet, and any slope area would be in ad- dition to the buildable pad. Another major change reported by Mr. Roberts was the front setback requirement which will be recommended to be 25 feet when a garage is orien- tated to the street, instead of 20 feet. Mr. Thompson added that the City Planning Commission will also recommend that the criteria to be used in determining whether a development would be entitled to proceed under former standards will be in accordance with Council Policy No. 524,(said Policy was read in full.) Mr. Morris Mickle, Vice-President of Classic Development Corpora- tion, Developer, requested favorable consideration this date. He advised that they withdrew the variance, as the revisions to the map made a variance no longer necessary. He was of the opinion that the revised map was not ap- proved by the Planning Commission due to the revision in the R -2 -5,000 Zone, and although they felt the proposed standards too restrictive, they were prepared to and agreed to develop under the new standards. Mr. Mickle reported that one third,or 200 of the lots were pre- sently in excess of 6,000- square feet,and under the new standards qualified for a 4- bedroom home, which would be their largest house. Approximately 5% of the tract will be a 2- bedroom home. Mr. Mickle noted the area is either presently zoned or projected for R -2 -5,000 zoned development. In answer to question of Councilman Pebley regarding submission of plans and elevations of the homes proposed, Mr. Mickle replied that the new standards will require redesigning of the homes, and possibly the tract, as for example, the 3- bedroom, 1 -story homes will no longer conform to the lot size and will now have to be of 2 -story construction or the lot size increased. He again requested approval of the application this date, with the knowledge that the lot size of the tracts can be increased or modified before Final Map, which would be minor in nature, and probably reduce the number of lots between 10% to 14 Mr. Mickle advised that the project in- volves 11 separate parcels, with separate and mixed ownerships, and further delays would be very difficult. Mr. Ronald Martin, 2212 Dupont Drive, Irvine, California, Archi- tect rid Engineer for the development, reported the revised snap now under consideration contains 586 lots, of which 200 are more than 6,000- square feet, and 60 lots of between 5,500 and 6,000- square feet, that the homes are to be one, two and three bedrooms. 72 -222 City Hall, Anaheim, California COUNCIL MINUTES April 18. 1972, 1:30 P.M. In regard to Policy No. 524 and expenditures made, Mr. Martin ad- vised that the project was a composite of 11 separate parcels of property, which has taken over a year to put together, at an expense of his own staff and a tremendous investment involving expenditures to soil engineers and geol- ogists and for an aerial topographic survey of the property, plus an expen- diture to his firm. of over $25,000.00. Mr. Martin explained that the Developer has agreed to build under the new standards and needs approval of the zoning and tentative maps today, as owners involved are insisting on monies being released to them to remain in the escrow. To clarify the map presented by the Applicant, indicating areas approved or projected for R -2 -5,000 development, Mr. Roberts pointed out that the southern half, or approximately 115 acres was the proposed site for the Yorba Regional Park; that only the area north of the La Palma Avenue align ment has approved R-2-5,000 zoning. In opposition, Mr. Bob McQueen, representing the Santa Ana Canyon Improvement Association, 4831 McKinnon Drive, referred to General Plan Amend- ment No. 122, establishing low-medium or medium density north of the River, and establishing low density south of the River, not south of Santa Ana Canyon Road. Mr. McQueen noted that there is projected approximately 85% of new construction to be in the Canyon area, and felt the R -S -5,000 approved by the City Planning Commission was a step in the right direction to make the Canyon area livable community. In conclusion, on behalf of the Santa Ana Canyon Improvement Asso- ciation, Mr. McQueen requested said applications be denied. Mr. Donald L. Kirk, 560 South Bond Street, Anaheim, advised that it was his opinion the City needed larger homes in subject area. Mr. Phil Joujon- Roche, President of the Santa Ana Canyon Property Owners Association, also referred to the General Plan, noting south of the River was to be low density. Mr..Joujon -Roche reminded the Council that the total number of units in Planning Area "B which is south of the River, north of Santa Ana Canyon Road, between Eucalyptus and Imperial Highway, was less than what is projec- ted in subject development, which is approximately one fourth of the total area in Planning Area "B and if all of the units in the proposed develop- ment were 4- bedroom units the density would be 20% greater than projected on the General Plan. In conclusion, and on behalf of the Santa Ana Canyon Property Owners Association, Mr. Joujon -Roche urged the City Council to adhere to the General Plan and deny subject applications. Mr. Ronald Roluffs, 1591 Minerva Avenue, Anaheim, was of the opin- ion that the area could be developed as an R -1 development. The Mayor asked if anyone else wished to address the Counil; there being no response, declared the hearing closed. RESOLUTION NO. 72R -138: At the conclusion of Council discussion, Councilman Stephenson offered Resolution No. 72R -138 for adoption, denying Reclassifica- tion No. 71- 72 -30. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMIN- ING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (71-72 -30) City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1 :30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Thom NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None 72- 223 The Mayor declared Resolution No. 72R -138 duly passed and adopted. RESOLUTION NO. 72R-139; Councilman Thom offered Resolution No. 72R -139 for adoption, denying Variance No. 2327. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2327. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -139 duly passed and adopted. RESOLUTION NO. 72R -140: Councilman Stephenson offered Resolution No. 72R- 140 for adoption, reclassifying all property described in Application No. 71- 72-30 to the R -1, 7,200- square foot lot zone, subject to the following con- ditions: 1. That these reclassification proceedings are granted subject to the completion of annexation of subject property to the City of Anaheim. 2. That a final tract map of subject property shall be submit- ted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 3. That the owners 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. 4. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such par- cel, provided, however, that the word "parcel" shall mean presently exist- ing parcels of record, and any parcel or parcels approved by the City Coun- cil for a lot split. 5. Prior to the introduction of an ordinance rezoning subject property, final elevation and floor plans shall be submitted to and approved by the City Council. 6. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1 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 180 days from the date hereof or such further time as the City Coun- cil may grant. 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. (71-72-30 R -1) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -140 duly passed and adopted. 72 -224 City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1 :30 P.M. TENTATIVE TRACTS NOS. 7617 AND 7730 THROUGH AND INCLUDING 7739: Property described in Reclassification No. 71- 72 -30; Developer Classic Development Corporation. On motion by Councilman Thom, seconded by Councilman Stephenson, Tentative Tracts Nos. 7617, 7730, 7731, 7732, 7733, 7734, 7735, 7736, 7737, 7738 and 7739 were denied. MOTION CARRIED. PUBLIC HEARING RECLASSIFICATION NO. 71 -72 -33 AND VARIANCE NO. 2337: Submitted by Maurice M. Lebanoff, requesting a change of zone from R -1 and R -3 to R -3, to construct a 74 -unit apartment complex on property briefly described as located on the south side of La Palma Avenue, adjacent to the Santa Fe Rail- road right-of -way to the west, and west of East Street, requesting waivers of: a. Maximum height of a building within 150 feet of an R -1 Zone. b. Minimum distance between buildings. c. Minimum floor area per dwelling unit. The City Planning Commission, pursuant to Resolution No. PC72 -52, recommended Reclassification No. 71-72 -33 be approved, subject to the fol- lowing conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along La Palma Avenue for street widening purposes. 2. That street lighting facilities along La Palma Avenue and North Street 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 satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the vehicular access rights to La Palma Avenue, including ingress and egress, along the northerly property line of subject property from the westerly end thereof to a point 75 feet from the easterly end there- of shall be dedicated to the City of Anaheim. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 15C per front foot along North Street for tree planting purposes. 5. That the sidewalks shall be installed along North Street as required by the City Engineer and in accordance with standard plans and spe- cifications on file in the office of the City Engineer. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 7. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 8. That a 6 -foot masonry wall shall be constructed along the south and east property lines adjacent to R-1 zoned property. 9. That subject property shall be served by underground utilities. 10. That the owners 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 build- ing permit is issued. 11. That drainage of subject property shall be disposed of in a man- ner that is satisfactory to the City Engineer. 12. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, 3, and 4, 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 180 days from the date hereof or such further time as the City Council may grant. 13. That Condition Nos. 5, 6, 7, 8, 9, and 11, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC72 -53, granted Variance No. 2337, in part, subject to the following conditions: 72-225 City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1 :30 P.M. 1. That this variance is granted subject to the completion of Reclassification No. 71-72-33. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7 and 8, provided, however, that a 20 -foot landscape buffer strip shall be provided immediately adjacent to the west property line of the westernmost R -1 parcel on the north side of North Street and the first two proposed apartment buildings west of said R -1 parcel shall be limited to one story in height; and further provided that any second story windows which may face the R -1 parcels on the north side of North Street shall be no less than five feet above the floor as stipulated to by the petitioner. Mr. Roberts, in summarizing the hearing held before the City Planning Commission, noted the location of subject property and the im- mediate uses in the vicinity. He reported that the area is projected on the General Plan for multiple family development, and advised that the den- sity of the proposed project would be approximately 25 -units per net resi- dential acre, or approximately 35% coverage. As to the waiver of maximum height of a building within 150 feet of an R -1 Zone (Waiver "a Mr. Roberts advised the City Planning Commis- sion granted said waiver in part, thereby permitting two -story construc- tion for all buildings or 46 units, with the exception of the two build- ings immediately adjacent and west of the R -1 property on the north side of North Street. Mr. Maurice M. Lebanoff, Applicant, addressed the Council, ad- vising that the project is a result of land assembly and called attention to the support of the project received by the residents within the area, with the exception of one. In explaining the appointments of the development he reported that in working with the people in the area he had agreed to put no win dows,affecting nine apartments,lower than five feet, and has now learned that a State Code provision limits placements of bedroom windows no lower than four feet, and as a result, all of the units have been changed to face either La Palma Avenue or a courtyard, so no units are facing the back areas of the single-family homes on the north side of North Street. sition. The Mayor asked if anyone wished to address the Council in oppo- Mr. Gerald Meyers, 907 East North Street, owner of property ad- jacent to the east and south of subject property, addressed the Council in opposition, and advised that he had submitted a petition of opposition, representing eleven property owners in the general area. He agreed the proposed apartments were beautiful, but felt the one -story height limita- tion should be upheld. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 72R -141: Councilman Pebley offered Resolution No. 72R 141 for adoption, authorizing preparation of necessary ordinance changing the zone as recommended by the City Planding Commission. 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. (71 -72 -33 R -3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -141 duly passed and adopted. 72- 226 City Hall, Anaheim, California COUNCIL MI April 18, 1972, 1 :30 P.M. RESOLUTION NO. 72R -142: Councilman Pebley offered Resolution No. 72R -142 for adoption, granting Variance No. 2337, as recommended by the City Plan- ning Commission, changing Condition No. 2 thereof to provide that any second story windows which may face the R -1 parcels on the north side of North Street, shall be no less than four feet above the floor, as stipulated to by the Pe- titioner. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE No. 2337. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -142 duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. 71- 72 -36: Submitted by Paul Altheide, et al, requesting a change of zone from County A -1 to City M-1; property briefly des- cribed as located on the south side of Winston Road, east of State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC72-54, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Winston Road and a strip of land 45 feet in width from the centerline of the street along Sunkist Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Winston Road and Sunkist Street, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Winston Road and Sunkist Street shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the of- fice 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 as required and deter- mined to be necessary by the Chief of the Fire Department. 5. That all air conditioning facilities shall be properly shielded from view. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That these reclassification proceedings are granted subject to completion of annexation of subject property to the City of Anaheim. 9. 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. 10. That Condition Nos. 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. The Mayor asked if the Applicant was present and concurred with the conditions recommended by the City Planning Commission, to which Mrs. Ann Madison, Agent for the Applicant, replied in the affirmative. City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1:30 P.M. The Mayor asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 72R -143: Councilman Thom offered Resolution No. 72R -143 for adoption, authorizing preparation of necessary ordinance, changing the zone as recommended by the City Planning Commission. 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. (71 -72 -36 14-1) Roll Call Vote: 72 -221 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -143 duly passed and adopted. PUBLIC HEARING RECLASSIFICATION NO. 71 -72 -37 AND CONDITIONAL USE PERMIT NO. 1297.- TENTATIVE TRACT NO. 7728: Submitted by Howard P. House, requesting a change of zone from C -1 to R -3, to establish a 30 -unit, planned residen- tial development on property briefly described as located on the north side of Broadway, east of Magnolia Avenue, requesting waivers of: a. Requirement that a lot abut a public street. b. Minimum building site area. c. Minimum building site width. The City Planning Commission, pursuant to Resolution No. PC72 -55, recommended said reclassification be approved, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That street lighting facilities along Broadway shall 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 Direc- tor 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 in- stallation of the above mentioned requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of 15 cents per front foot along Broadway for tree plant- ing purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That fire hydrants shall be installed as required and deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6 -foot masonry wall shall be constructed along the east and west property lines. 7. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8. That subject property shall be served by underground utilities. 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 satisfactory to the City Engineer. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, 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 180 days from the date hereof or such further time as the City Coun- cil may grant. 72-228 City Hall. Anaheim. California COUNCIL MINUTES April 18, 1972, 1 :30 P.M. 12. That Condition Nos, 4, 5, 6, 7, 8 and 10, above mentioned, shall be complied with prior to final building and zoning inspections. 13. That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 1297 and Tenta- tive Map of Tract No. 7728. The City Planning Commission, pursuant to Resolution No. PC72 -56, granted Conditional Use Permit No. 1297, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the com- pletion of Reclassification No. 71 -72 -37 and Tentative Map of Tract No. 7728, now pending. 2. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 3. That the covenants, conditions, and restrictions shall be sub- mitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and further, that the approved covenants, conditions and restrictions shall be recorded concurrently with the final tract map. 4. Prior to filing the final tract map, the applicant shall sub- mit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation, including but not limited to the articles of incorporation, by -laws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 5. That subject property shall be developed substantially in ac- cordance with plans and specifications on file with the City of Anaheim mar- ked Exhibit Nos. 1, 2, 3, 4, 5 and 6. TENTATIVE MAP TRACT NO. 7728: Developer Stanley E. Bell. Property des- cribed above in Reclassification No. 71 -72 -37 and contains 31 proposed R -3 zoned lots. The City Planning Commission approved said Tentative Map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7728 is gran- ted subject to the approval of Reclassification No. 71 -72 -37 and Conditional Use Permit No. 1297. 2. That should this subdivision be developed as more than one sub- division, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions shall be sub- mitted to and approved by the City Attorney's office prior to City Council approval of the final tract map, and further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 6. That the vehicular access rights, except at street and /or alley openings to Broadway, shall be dedicated to the City of Anaheim. 7. That drainage of Tract No. 7728 shall be disposed of in a man- ner satisfactory to the City Engineer. Mr. Roberts summarized the hearing held before the City Planning Commission, and advised that the waivers requested were the typical type requested for a planned residential development. He further reported that the development is unlike a statutory condominium, where air space is sold, as this will be a postage stamp lot development where the ground is sold with the unit. The Mayor asked if the Applicant was present and concurred with the conditions recommended by the City Planning Commission, to which Mr. Stanley Bell, acting as Agent for the Owner, replied in the affirmative. City Hall. Anaheim. California COUNCIL MINUTES April 18. 1972. 1:30 P.M. The Mayor asked if anyone wished to address the Council in op- position; there being no response, declared the hearing closed. RESOLUTION NO. 72R -144: Councilman Pebley offered Resolution No. 72R -144 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the recommendations of the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MJNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (71 -72 -37 R -3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -144 duly passed and adopted. RESOLUTION NO. 72R -'145: Councilman Pebley offered Resolution No. 72R -145 for adoption, granting Conditional Use Permit No. 1297, as recommended by the City Planning Commission. Refer to Resolution Book. Roll Call Vote: 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDI- TIONAL USE PERMIT NO. 1297. AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -145 duly passed and adopted. TENTATIVE TRACT NO. 7728: On motion by Councilman Pebley, seconded by Councilman Thom, Tentative Tract No. 7728 was approved, as recommended by the City Planning Commission. LOTION CARRIED. RECLASSIFICATION NO. 64 -65 -90 EXTENSION OF TIME: Request of Ronald J. Grud- zinski, of the Donald L. Bren Company, for retroactive and extension of time to Reclassification No. 64 -65 -90 from January 10, 1971 to January 10, 1973, to establish C-1 Zoning on property briefly described as located on both sides of Imperial Highway, extending northerly from Santa Ana Canyon Road, was continued from the meeting of March 28, 1972, to first resolve application No. 71 -72 -21 (Rinker), as said Reclassification overlays a portion of subject property. Development Services Department recommend: 1. That a retroactive extension of time be granted for the period from January 10, 1971, to January 10, 1972, and an additional extension of time be granted to expire on January 10, 1973. 2. That the resolution approving the C -1 (Resolution No. 65R- 469) be amended, deleting Condition No. 6 which required development sub- stantially in accordance with plans and adding a condition requiring Coun- cil approval of development plans prior to the introduction of an ordinance reclassifying the property to C -1. On motion by Councilman Thom, seconded by Councilman Stephenson, extension of time was granted as requested, subject to the recommendations of the City Planning Commission. MOTION CARRIED. 72 -230 City Hall, Anaheim. California COUNCIL MINUTES April 18, 1972, 1:30 P.M. RESOLUTION NO. 72R -146: Councilmahom offered Resolution No. 72R -146 for adoption, amending Resolution No. 469, deleting Condition No. 6 thereof, and adding a condition requiring Council approval of development plans prior to the introduction of an ordinance reclassifying the property, with an ad- ditional condition to read: "That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel, provided, however, that the word "Parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split." Refer to Resolution Book. Roll Call Vote: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION t NO. 64R -469 IN RECLASSIFICATION PROCEEDINGS NO. 64- 65 -90. 65 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -146 duly passed and adopted. REQUEST AMENDMENT TO ANAHEIM MUNICIPAL CODE. SECTION 4.40 EDUCATIONAL MOTIVA- TION INSTITUTE: Request of Richard St. Charles, Educational Motivation Institute, to amend Sections 4.40.010, 4.40.020 and 4.40.030, removing any mention of the word "hypnotism" or "hypnosis," relating to the practice of the science; and further requesting a license fee be established to practice hypnotism, was continued from the meeting of March 28, 1972, pending further investiga- tion and to obtain a report on the subject from the Orange County Medical Association. At the request of Mayor Dutton, and to further clarify the request, Mr. St. Charles advised that they wish to establish a school to teach hypnotism and the establishment of a license fee would be to "teach," not "practice" hypnotism. He stated they were not asking permission to teach medical hyp- nosis and the course would include self hypnosis educational motivation of the application of hypnosis self- hypnosis, sales motivation with the application of self- hypnosis complete curriculum in hypnosis and complete curriculum in psychology, taught by an accredited instructor of psychology, currently a professor at Pacific Christian College and licensed by the State of California as a psychologist and educator. Mr. St. Charles further advised that their curriculum has been sub- mitted to the State of California for accreditation and they are asking the State that their courses, which total 41 years, be accepted as a criteria for the licensing of hypnotists in the State of California. Councilman Thom stated he was not completely convinced the Code should be changed although he was convinced that Mr. St. Charles operated a legitimate business; however, if the Code was changed, it would open the door to the undesirables that Mr. St. Charles has mentioned and is also en- deavoring to restrain. Discussion was held on how to permit this activity and also restrict by controls possible undesirables. Mr. Geisler advised that an exception could be written into the Code permitting the teaching by accredited schools or by schools with a cer- tain specified course. The only problem, as has always been indicated by the medical profession, is that hypnotism in the hands of persons not thor- oughly familiar with the problems can result in serious problems, such as psychiatric problems, suicide, etc. Mr. St. Charles advised that although there have been claims that hypnotism can create psychological problems, there has never been a documented case where harm has been done to an individual. 72 -231 City Hall. Anaheim. California COUNCIL MINUTES April 18, 1972. 1 :30 P.M. It was the general consensus of the Council that a way to allow this activity should be found. Mr. St. Charles advised that he would be happy to furnish the City Attorney his complete curricula. Mr. Charles R. La Rue, 603 South Breezy Way, Orange, owner of the Institute of Self- Hypnosis, 18031 Irvine Boulevard, Tustin, Califor- nia, addressed the Council in support of the right to teach self hypnosis. Mr. Cliff Cotter, 612 Bronwyn Drive, formerly Vice President of the California Professional Hypnotists Association, and presently Director of the Hypno -Mercy Foundation, a State recognized organization, working with cancer patients for the purpose of alleviating pain, reported that he has been in hypnosis 40 years, and his father before him was a hypnotist. Mr. Cotter explained the working of hypnosis, and supported the request to strike the words "hypnotism" and "hypnosis" from the Code, rather than draft an exception to the Code to allow a particular school. He stated that he also would like to be able to teach hypnosis in order to recruit for the Hypno -Mercy Foundation. Mr. Leo Wagner, 2051 Monte Vista Street, La Habra, California, reported on the expenditures presently being made by Russia in the inves- tigation of this science. At the conclusion of the discussion, and on motion by Councilman Stephenson, seconded by Councilman Pebley, Mr. St. Charles was requested to refer his curricula to the City Attorney to review for possible guide lines to an amendment to the Anaheim Municipal Code, relative to hypnotism, as requested. MOTION CARRIED. RECESS: Councilman Stephenson moved for a five minute Recess. Councilman Dut- ton seconded the motion. MOTION CARRIED. (4:05 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all members of the City Council being present, with the exception of Councilman Pebley. (4 :15 P.M.). RECLASSIFICATION NO. 68-69 -13 EXTENSION OF TIME: Request of Armour Building Company, dated March 15, 1972, was submitted for an extension of time to Reclassification No. 68- 69 -13, to enable the developers to complete filing of final tract map (No. 7802), together with report of the City Engineer and report of the Development Services Department recommending an extension of time retroactive from October 29, 1969, and an additional extension of time to expire October 29, 1972, be granted. On motion by Councilman Thom, seconded by Councilman Stephenson, an extension of time retroactive from October 29, 1969 to the present, and an additional extension of time to expire October 29, 1972, was granted. MOTION CARRIED. Councilman Pebley entered the Council Chambers, (4:16 P.M.). PUBLIC DANCE PERMIT: Application filed by Qurelio Flores, on behalf of the Clas- sic Car Club, for public dance permit,on. April 22, 1972, at Carpenters Hall, 608 West Vermont Avenue, from 8:00 P.M. to 1 :00 A.M., was submitted and gran- ted, on motion by Councilman Sneegas, seconded by Councilman Stephenson, sub- ject to provisions of Chapter 4.16 of the Anaheim Municipal Code, and that 8 private security'officers and 1 matron be hired to police the dance, as recommended by the Chief of Police. MOTION CARRIED. RECLASSIFICATION NO. 70 -71 -6 AND CONDITIONAL USE PERMIT NO. 1244 OBJECTION: A letter of objection from Mrs. Roy W. Beckham was submitted, regarding ap- plication of Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter Day Saints, for a change of zone from R -2 to R -3, to establish a 57 -unit, planned residential condominium development, on pro- perty located on the east side of Euclid Street, south of Orangewood Ave- nue, which application was considered in public hearing March 21, 1972, zoning approved, and conditional use permit granted, in part. 72-232 City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1;30 P.M. Mrs. Beckham's letter alleged none of the adjacent property owners on Della Lane had been advised of the application or public hearing. The City Clerk advised that a check of the file revealed that, through an error, no property owners on Della Lane were sent notices of the scheduled public hearing, thus, Mrs. Beckham's letter is being presented to determine if the Council wishes to schedule another public hearing on the matter. Mayor Dutton noted that adjacent property owners from Ord Way were represented at the meeting; however, he invited Mrs. Beckham to address the Council. Mrs. Roy W. Beckham, 2223 Della Lane, stated they had lived in their present home 12 years and at that time Della Lane was designated a deadend street, although subsequently the street was extended and it now is a speedway; that four years ago the property on the corner of Orangewood Avenue and Euclid Street was changed from R -1 Zoning to allow apartments, which has further increased traffic; and now subject property will be di- rectly behind her property and she objected to the proposed development, and specifically the driveway that would be adjacent to her property. She stated that had she seen the notice posted on the property prior to the public hearing, there would have been greater opposition represented at the public hearing. Zoning Supervisor Charles Roberts noted that both subject property and the property on the corner of Orangewood Avenue and Euclid Street were zoned R -A, prior to the approval of the current R -3 Zoning. In reply to Council questioning, Mrs. Beckham stated that she pre- ferred to have the garages of the proposed project back -up to her property, rather than the alley driveway. The Council requested Staff to contact the developer to determine if it would be feasible for them to change their plans so that garages would back -up to Mrs. Beckham's property, rather than the proposed alley driveway. RESOLUTION NO. 72R -147 AWARD OF WORK ORDER NO. 622 -B: In accordance with recom- mendations of the City Engineer, Councilman Stephenson offered Resolution No. 72R -147 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE SUNKIST STREET, CERRITOS AVENUE, HOWELL AVENUE STREET AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 622-B. (Kelly Corkill Contractors, Inc. $151,741.75) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-147 duly passed and adopted. RESOLUTION NO. 72R -148 AWARD OF WORK ORDER NO. 643 -A: In accordance with recom- mendations of the City Engineer, Councilman Dutton offered Resolution No.72R- 148 for adoption. Refer to Resolution Book. City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1:30 P.M. 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 TTIE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE WALNUT CANYON CHANNEL DRAINAGE IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 643 -A. (K.E.C. Company $93,549.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -148 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS; Councilman Stephenson offered Resolution Nos. 72R- 149 and 72R -150 for adoption. Refer to Resolution Book. 72 RESOLUTION NO. 72R -149 WORK ORDER NO. 642-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE JACKSON AVENUE STREET IMPROVEMENT, EAST OF PARK VISTA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 642 -A. APPROVING THE DESIGNS, PLANS,PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORD- ANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be Opened, May 11, 1972, 2 :00 P.M.). RESOLUTION NO. 72R -150 WORK ORDER NO. 645-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE BROADWAY STREET IMPROVEMENT, EAST OF GILBERT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 645-B. APPROVING THE DE- SIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORD- ANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be Opened, May 11, 1972, 2 :00 P.M.). Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 72R -149 and 72R -150 duly pas- sed and adopted. DEEDS OF EASEMENT RESOLUTION NO. 72R-151: Councilman Thom offered Resolution No. 72R -151 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Perry R. and Pauline A. Uber; Thomas H. and Testa A. Boswell; Helen Marie Baker; John F. and Catherine Quinn Ganahl; The Wickes Corporation; Fred and Suzanne Miller.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -151 duly passed and adopted. 72 -2 34 City Hall, Anaheim, California COUNCIL MINUTES April 18. 1972. 1 :30 P.M. RESOLUTION NO. 72R -152 EMINENT DOMAIN PROCEEDINGS: On recommendation of the City Attorney, Councilman Dutton offered Resolution No. 72R -152 for adop- tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION, BY EMINENT DOMAIN, OF REAL PROPERTY FOR HIGHWAY EASEMENT AND PUBLIC UTILITY PURPOSES. (Hideo and Kiyoshi Shigekawa, north side of La Palma Avenue, east of State College Boulevard.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -152 duly passed and adopted. RESOLUTION NO. 72R -153 JOINT POWERS AGREEMENT ULTRA HIGH FREQUENCY LAW EN- FORCEMENT COMMUNICATIONS SYSTEM: On recommendation of the City Manager, Council- man Thom offered Resolution No. 72R -153 for adoption, amending the agree- ment dated May 4, 1971, between Anaheim and Orange County, relative to an Ultra High Frequency Law Enforcement Communications System, by authorizing a Joint Powers Agreement, wherein the County will purchase for Anaheim the required equipment and services therefor. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE PERTAINING TO AN ULTRA HIGH FREQUENCY LAW ENFORCEMENT COMMUNICATIONS SYSTEM. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-153 duly passed and adopted. PURCHASE OF MATERIAL LEAP. FROG TRANSFORMERS: The City Manager reported on the recommended purchase of 50 Leap Frog Transformers and advised that the sole vendor, General Electric Company, has submitted a quotation for said mater- ial in the amount of $36,647.10, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Dutton, purchase was authorized in the amount of $36,647.10, including tax, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF MAT,FIAL 600 VOLT URD SERVICE WIRE: The City Manager reported on informal bids received for the purchase of 40,000 feet of 600 Volt, URD Service Wire, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT. INCLUDING TAX General Electric Supply Company, Anaheim $8,379.00 Graybar Electric Company, Anaheim 10,416.00 Westinghouse Electric Supply, Anaheim 10,526.04 On motion by Councilman Pebley, seconded by Councilman Dutton, the low bid of General Electric Supply Company was accepted and purchase authorized in the amount of $8,379.00, including tax. MOTION CARRIED. 72 -235 City Hall. Anaheim. California COUNCIL MINUTES April 18. 1972. 1 :30 P.M. PURCHASE OF MATERIAL ACSR WIRE: The City Manager reported on informal bids received for the purchase of 20 reels of 336.4 ACSR Merlin Wire, and 10 reels of 653.9 ACSR Wire, as follows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT. INCLUDING TAX Alcan Cable, Fullerton $23,358.45 General Electric Supply, Anaheim 24,988.34 Graybar Electric Company, Anaheim 26,480.18 Maydwell- Hartzell, Los Angeles 34,152.62 On motion by Councilman Pebley, seconded by Councilman Dutton, the low bid of Alcan Cable was accepted and purchase authorized in the amount of $23,358.45, including tax. MOTION CARRIED. PURCHASE OF MATERIAL 10 REELS 336.4 ACSR MERLIN WIRE: The City Manager re- ported that immediate delivery on 10 reels of 336.4 ACSR Merlin Wire was required for the current construction of the 12 KV Line, and the only com- pany who could meet the delivery schedule, General Electric Supply, has submitted a quotation for said equipment in the amount of $10,501.35, in- cluding tax. He thereupon recommended the purchase be authorized. On motion by Councilman Pebley, seconded by Councilman Dutton, purchase was authorized in the amount of $10,501.35 including tax, as recommended by the City Manager. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Stephenson, seconded by Councilman Dutton: a. Claim submitted by Wilson Kwong for purported personal pro- perty damages sustained as result of claimant's glasses being broken by another player while playing basketball at Patrick Henry School Playground, on or about March 11, 1972. b. Claim submitted by Mary Dolan and Dennis E. O'Meara, Attorney, on behalf of Steven Patrick Dolan, for purported personal injuries sustained as result of a City employee dropping a 5 -foot pole on his foot, on or about March 17, 1972. MOTION CARRIED. RESOLUTION NO. 72R-154 NOTICE OF INTENTION BROOKHURST STREET WIDENING: Coun- cilman Dutton offered Resolution No. 72R -154 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY CLERK TO RECORD THIS RESOLUTION AS A "NOTICE OF INTENTION TO WIDEN BROOKHURST STREET IN THE VICINITY OF CERTAIN PROPERTY." (Ben Hur Oil Com- pany, Texaco, Inc.- Brookhurst Street, Crescent Avenue to Lincoln Avenue.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -154 duly passed and adopted. RESOLUTION NO. 72R -155 AGREEMENT WITH WILLIAM MAUCH. PEARSON PARK SHUFFLEBOARD COURTS: Councilman Pebley offered Resolution No. 72R -155 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLIAM MAUCH, WITH REFERENCE TO OPERATION OF THE PEARSON PARK SHUFFLEBOARD COURTS. 72 -236 City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -155 duly passed and adopted. CORRESPONDENCE: The following correspondence was discussed and ordered received and filed, on notion by Councilman Stephenson, seconded by Councilman Dut- ton: a. Before the Public Utilities Commission Application of Arrow Charter Lines, Inc., a corporation, for a Certificate of Public Convenience and Necessity to operate Passenger Stage Service between Orange and Anaheim, on the one hand, and Culver City, on the other hand, all points in Califor- nia. b. City of Santa Ana Resolution No. 72 -36 Urging the League of California Cities and the County Supervisors' Association of California to modify the rules established by Public Utilities Commission Case No. 8209 for undergrounding existing utility lines. c. City of La Habra Resolution No. 2031 Requesting prompt acquisition of the Los Coyotes Park Site brthe Master Plan of Regional Parks for Orange County. d. Financial and Operating Reports for the month of March, 1972: Building Division Police Department MOTION CARRIED. ORDINANCE NO. 3026: Councilman Thom offered Ordinance No. 3026 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71 -72 -25 R -3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3026 duly passed and adopted. ORDINANCE NO. 3027: Councilman Pebley offered Ordinance No. 3027 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-57 R-3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3027 duly passed and adopted. ORDINANC; NO. 3028: Councilman Dutton offered Ordinance No. 3028 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-10 R72-5,000) ORDINANCE NO. 3029: Councilman Dutton offered Ordinance No. 3029 for first reading. 72 -237 City Hall, Anaheim, California COUNCIL MINUTES April 18, 1972, 1 :30 P.M. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(42) M-1) ORDINANCE NO. 3030: Councilman Stephenson offered Ordinance No. 3030 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71- 72-32 C-0) ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Kam Foy Yee and Siu Loong Yee, for premises located at 314 North Beach Boulevard, was presented by the City Manager to the City Council for their information. On motion by Councilman Pebley, seconded by Councilman Dutton, the City Attorney was authorized to file a conditional protest with the Alcoholic Beverage Control Board against said application, on the basis that the premises are presently located in a C-1 Zone, which does not permit the on -sale sale of alcoholic beverages. MOTION CARRIED. BANZAI MINI -CYCLE PARK: Mayor Dutton submitted correspondence dated April 14, 1972, from Wilma Dickerhoff and Ford A. Dickerhoff, owners of Park Royale Mobile Village, Orange, again requesting that the operation of Banzai Mini Cycle Park, which is located adjacent to their mobile home park, be dis- continued. Mayor Dutton asked Parks and Recreation Director John Collier to report to the Council on possible alternate locations, as requested by the Council at the February 1, 1972 meeting. Mr. Collier advised he had investigated the Shorb Wells property, located on Wier Canyon Road, as suggested by the Council, and outlined the area on a map on the wall. He noted that, at this time, there is only one narrow access to the property which would have to widened for use; also, it would be neces- sary to purchase new and separate equipment for maintenance if this was developed as a motorbike park because the property is far removed from any existing equipment storage unit. In response to a Council suggestion that the area be made avail- able on an "at your own risk" basis until such time as development in the area demands discontinuance, the City Attorney advised that there was no guarantee the City would not be held liable, even on that basis. He added that a recent State law requires a study of environmental control when a city develops anything that could disturb the environment. Councilman Pebley asked for the cost of insurance to allow use of the Shorb Wells property on an "at your own risk" basis. Mr. Collier advised that he again had discussed the Newkirk Dump Site, owned by the County and at one time considered as a location for such a park, with Supervisor Ralph Clark, in whose jurisdiction the property lies, and a sound test is being arranged on it. He added that Anaheim's insur- ance coverage for the sound test has been assured, but it probably would be July by the time the test results were completed. In reply to Councilman Dutton, Mr. Collier advised that develop- ment of Banzai Park had cost approximately $12,000.00, over half of which was donated, while development of the Shorb Wells property would cost at least $75,000.00. He further advised that, at present, the Banzai Park operation deficit is about $6,000.00. Councilman Sneegas suggested that if the present operation was to be moved to the Shorb Wells property it would be just as close for Anaheim residents to use the Irvine Park which is already in existence. MOTION: Councilman Dutton offered a motion to cease operation of Banzai Mini -Cycle Park by June 1, 1972, at the latest. Councilman Sneegas seconded the motion. Councilman Thom abstained from voting on the motion, stating he would not take such action without a reasonable alternative. MOTION CARRIED. 72-238 City Hall, Anaheim, California COUNCIL MINUTES April 18. 1972, 1 :30 P.M. Councilman Sneegas suggested offering a franchise for development and operation of a park on the Shorb Wells property. Signed Mr. Murdoch noted that land across the road from the Shorb Wells property was approved for a motorcycle and off -track vehicle operation by the County but this has never been developed. Mr. Collier advised he understood a concessionaire could not be obtained for the proposed facility across from the Shorb Wells property; however, one has inquired about the Newkirk Dump Site property. The Council directed Mr. Collier to further pursue the possibility of the Newkirk Dump Site as a location for a motorbike -park operation. Mr. Collier commented that it is anticipated State funds collected from vehicle taxes may be available on a 75/25 basis after July 1, 1972, for developing off -road areas. DEPARTMENT HEAD MEETING INVITATION: Mr. Murdoch invited Council members to at- tend a Department Head meeting scheduled for 10:00 A.M., Monday, April 24, 1972, in the Library Multi Purpose Room, at which time John Dedischew, of the Research Division of the Orange County Planning Department will discuss the County's Forecast Analysis Center and the Geo- Coding System which have been developed for the entire County. JUAREZ PARK FENCING: In response to an inquiry by Councilman Pebley at the March 28, 1972 meeting, Mr. Murdoch reported that the front gates of Juarez Park have been replaced; however, additional fencing is needed to protect the property. He advised that at present negotiations are being held on the possibility of leasing this property for strawberry growing which will take into consideration the need of fencing. TRAFFIC PROBLEMS: Councilman Sneegas noted a request for a traffic signal at South Street and State College Boulevard. He was advised the State High way Division has been asked to reassess the situation. Councilman Pebley asked that the traffic signal on Ball Road at Lewis Street be investigated to determine if it is necessary. City Engin- eer James Maddox advised that when the Lewis Street underpass is completed it is anticipated 5,000 or 6,000 cars per day will enter that intersection; however, a study will be made to determine if the signal can be deactivated until needed. Councilman Sneegas suggested the situation of the trees and bushes blocking view of the signals at East Street and La Palma Avenue be rectified. Councilman Pebley requested the left -turn lane at East and North Streets be renoved to decrease traffic hazards. ADJOURDmNT: Councilman Stephenson moved to adjourn. Councilman Pebley sec- onded the motion. MOTION CARRIED. Adjourned: 5:20 P.M. City Clerk