Loading...
1972/04/25Mayor Dutton called the meeting to order. 72-239 Cwr gall. Anaheim. Califo a pima =TES Anri1 472, 430 P,M., The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson (entered the meeting at 1 :35 P.M.), Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLERK: Alone M. Farrens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR. OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts INVOCATION': Father Pat Hill, of St. Boniface Church, gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. MINIMS: Minutes of the Anaheim City Council Regular Meeting held April 4, 1972, were approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING ORDINANCES AND RESOLUZTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. ROT FI3ANCIAL DEMANDS AGAINST THE CITY; Demands against the City, in the *mount of $942,193.19, in accordance with the 1971 -72 Budget, were approved. R*SCIODUI,AD PUBLIC HEARING CONDITIONAL USE PERMIT NO. 1288: Submitted by A.L. and M.E. Rist, to establish a 219 -unit, three story motel on W1 zoned pro- perty located on the south side of Orangethorpe Avenue, west of Raymond Avenue. The City Planning Commission, pursuant to Resolution No. PC72- 21, denied said conditional use permit. Appeal from action taken by the City Planning Commission was filed by Dale L. Ingram, Agent for the Applicant, and public hearing sched- uled April 4, 1972, at which time it was discovered the Applicant had not been notified of this scheduling of the public hearing and it had not been advertised nor posted in accordance with law, and public hearing was or- dered rescheduled. Mayor Dutton again stated that inasmuch as he owned property near subject parcel and at some time may wish to make application for a similar operation, he would abstain from acting on this item, and thereupon left the Council Chambers. Mayor Pro Tem Stephenson assumed Chairmanship of the meeting. Zoning Supervisor Charles Roberts noted the location of subject property, existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the. City Planning Commission, and read the findings of the City Planning Commission. He noted that the parking facilities are proposed on a 1 -space per unit basis (1.5 spaces per unit required for apartments) and each proposed unit would be 312 square feet and contain efficiency kitchen units (700 square feet minimum for apartment complexes), which the Platy ning Commission deemed could be considered a substandard apartment house development, rather than a motel. Mayor Pro Tem Stephenson asked if the Applicant or his Agent pas present and wished to address the Council. 72-240 City Hall. Anaheim. California COUNCIL 1INU ES April 25. 1972. 1:30 P.M. Dale L. Ingram, P.O. Box 229, El Monte, stated he was the Agent for all parties involved, and advised that the subject property had been vacant for the past 19 years. Mr. Ingram displayed photographs of an area motel sign and contended that since subject 2.76 acres is surrounded by commercial pro- perty and there are other motels in the vicinity, the area already is estab- lished for motel usage. Referring to the City Planning Commission findings, Mr. Ingram averred that their proposal could not be construed as an apartment project, since there would be no ovens and the units would be too small for permanent living. He contended the kitchen facilities actually constitute a wet bar with coffee making facilities. Mr. Ingram stated that the proposed units would be the same as those this developer had constructed at 2638, 2738 and 3400 West Lincoln Avenue. He noted that the present owner of those units had erroneously advertised them as apartments, but that had been discontinued. He further stated that not only are motels in demand in industrial areas, but the large tourist trade made motels necessary on all major streets and near freeway offramps. Mr. Ingram advised that they have no objection to the Interdepart- mental Committee recommended conditions of approval. In reply to Councilman Thom, Mr. Ingram stated he felt the developer would be willing to omit all of the kitchen facilities except the refrigera- tor, since they are an added attraction to travelers, and also new area resi- dents use motels as temporary accommodations and like the convenience of a re- frigerator. Councilman Thom stated he did not feel refrigerators were necessary. Councilman Pebley suggested half of the units could be equipped with the kitchenettes and Mr. Roberts advised that the City Planning Commission had permitted kitchen facilities in 10% of the units of some motels. Mayor Pro Tem Stephenson asked if anyone wished to address the Coun- cil in opposition. Merrill Skilling, representing Northrup Corporation, which is lo- cated approximately one quarter mile west of subject property, stated their company has been in its location for twenty years and feel the Akua Motel's 63 rooms and the Hilton's 160 rooms are sufficient for the area, and permit- ting another motel would result in an overabundance of available rooms, since the existing facilities do not appear to be filled to capacity. He added he felt the only way the proposed facility could survive economically would be as an apartment house. He urged the conditional use permit be denied. In reply to Council questioning, W. Skilling stated they would have no objection if the proposed facility was to be strictly a Intel with no more than 1070 of the units having refrigerators only; however, he felt the number of units proposed was excessive. Gerald Knudson, Bryan Industrial Properties, Inc., stated his company owns or manages approximately 45 industrial buildings in subject area, and feels the proposed motel would be detrimental to the integrity of the area since there are many more rooms planned than necessary and it would end up being a substandard apartment project. In reply to Council questioning on whether their company still would object if the kitchen facilities were eliminated, M. Knudson stated he had not seen the plans, but felt the number'of units was excessive and that to alter their proposal at this point would require complete new plans. Donald Kirk, 560 South Bond Street, noted 67. of the tenants of exist- ing Casa Cordova and Village Inn Motels, which have kitchen facilities, stay for from three to six months, and it was his opinion such units were too small for use as apartments in this manner. 72-241 C4ty Hall. Anaheim. California COUNCIL RTES April 25. 1972. 1 :30 P.M. Bill Burke, Ashwill —Burke Company, representing adjacent Hyer Hardware to the west, stated Hyer Hardware had purchased their property in 1959 because their property was zoned industrial and it was his opinion the proposed motel would be incongruous to the area and would encroach on the Hyer Hardware. Robert Kottman, Chairman of the Industrial Committee of the Ana- heim Chamber of Commerce, stated they had reviewed the proposal and urged the City deny the application. Council. Mayor Pro Tem Stephenson invited Mr. Ingram to again address the Mr. Ingram stated he did not feel the proposed motel operation would interfere with or be interfered with by Hyer Hardware. In reply to Mr. Kottman, Mr. Ingram advised that the proposed motel would serve the industrial area by providing temporary housing for employees moving into the area. Responding to a comment, Mr. Ingram stated the proposed facility would pay the 6% room tax, just as the previously- mentioned units on Lincoln Avenue do. It was determined sufficient evidence had been presented and Mayor Pro Tem Stephenson declared the hearing closed. 414SPLUTION NQ. 72R -46; Councilman Thom stated he did not feel the proposed project was a compatible land use, and thereupon offered Resolution No. 72R- 156 for adoption, denying said conditional use permit. AYES: NOES: ABSTAINED: ABSENT: Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1288. Roll Call Vote: COUNCILMEN: Sneegas, Pebley, Thom and Stephenson COUNCILMEN: None COUNCILMEN: Dutton COUNCILMEN: None Mayor Pro Tem Stephenson declared Resolution No. 72R-156 duly passed and adopted. Mayor Dutton resumed Chairmanship of the meeting. PUBLIC HEARING ABANDONMENT NO. 71_JOA: In accordance with application filed by Frank R. Jackson, The Colwell Company, public hearing was held on proposed abandonment of a portion of Addington Drive, which runs northerly from Santa Ana Canyon Road to its intersection with Addington Drive, which runs in an east -west direction in Tract No. 5000; pursuant to Resolution No. 72R -121, duly published in the Anaheim Bulletin and notices thereof posted in accord- ance with law. Report of the City Engineer was submitted, recommending approval, subject to the following conditions: 1. Applicant will remove existing street improvements of said north -south Addington Drive that lies within the area of the east -west Ad- dington Drive and reconstruct new curb, gutter, sidewalk and paving to join existing curb, gutter and sidewalk of said east -west Addington Drive. Said removal and reconstruction to be done at no cost to the City of Anaheim. 2. Reservation of a public utility► easement requested by the Sou- thern Counties Gas Company to accommodate an existing gas line, a portion of which lies within the property line return area proposed for abandonment. Mayor Dutton asked if the Applicant was present and satisfied with the recommended conditions, to which he received an affirmative reply from Hal Raab, Agent for the Applicant. 72-242 City Hall. Anaheim. California COUNCIL MINUTES April 25. 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 -157: Councilman Stephenson offered Resolution No. 72R- 157 for adoption, approving Abandonment No. 71 -10A, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DES- CRIBED HEREIN AND RESERVING THEREFROM A CERTAIN EASES FOR PUBLIC UTILITY PURPOSES. (Addington Drive) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-157 duly passed and adopted. PROPOSED AMENDMENT TO THE ANAHEIM MUNICIPAL CODE BULK VENDING MACHINES; Re- quest of Leo M. Weiner, representing the bulk vending machine operators of the Western Vending Machine Operator's Association, was submitted at the March 28, 1972 meeting for amendment of the Anaheim Municipal Code, to change license fees for bulk vending machines to a gross receipts basis, rather than a per machine basis. The request was continued to this date from that meeting for further investigation and draft of an ordinance more equitable for the bulk vending machine business. Councilman Sneegas stated he would abstain from any action on this item since, although it would not directly affect his vending machine business, it could indirectly. City Attorney Joseph Geisler submitted a draft of a proposed amendment to the Anaheim Municipal Code and advised that it had been reviewed with W. Weiner, who indicated he was in accord. He stated he felt the proposed amendment was fair and equitable and recommended it be adopted. ORDINANCE NO. 3031: Councilman Pebley offered Ordinance No. 3031 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3, CHAPTER 3.36 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 3.36.015 RELATING TO LICENSE FEES AND PROVIDING A DEFINITION FOR BULK VENDING MACHINES. COMMUNITY REDEVELOPMENT COMMISSION MEMBERSHIP: Correspondence from E.O. Barrows, President, Anaheim Chamber of Commerce, dated April 13 and 25, 1972 was presented, recommending the Community Redevelopment Commission membership remain at seven, and submitting names to be considered at the time the replacement is appointed for former member Stanley Pawlowski. Following Council discussion, Councilman Stephenson moved dis- cussion of membership on the Community Redevelopment Commission be con- tinued to May 2, 1972, to allow further time to study recommendations submitted by other agencies as well as that submitted by the Anaheim Chamber of Commerce. Councilman Thom seconded the motion. MOTION CARRIED. COMMUNITY REDEVELOPMENT COMMISSION REPORTS: Minutes of the April 5, 1972, meeting, Agenda for the April 19, 1972 meeting, and the report on "Survey Areas" from the Community Redevelopment Commission were accepted and or- dered received and filed, on motion by Councilman Thom, seconded by Coun- cilman Pebley. MOTION CARRIED. HORACE Min SCHOOL PROPOSED CULTURAL ARTS CENTER: Communication from B.W. Jordan, President of the Anaheim Foundation for Culture and the Arts, dated April 14, 1972, requesting the City of Anaheim sign the lease with 72-243 City Hall. Anaheim. California COUNCIL MINUTES April 25. 1972. 1 :30 P.M. the Anaheim City School District for the Horace Mann School as a proposed Cultural Arts Center and proclaim the period May 13 to May 16, 1972, "Buck Bag Days" for a community -wide fund drive campaign, was submitted. The Deputy City Clerk reported a verbal request from Mr. Jordan to delay consideration of this item until May 2, 1972. On motion by Coun- cilman Stephenson, seconded by Councilman Pebley, subject was continued to May 2, 1972, as requested. MOTION CARRIED. REQUEST ANAHEIM ART ASSOCIATION: Request of Etschkin Tarlow, Special Exhibits Chairman of the Anaheim Art Association, dated April 1, 1972, was submitted for permission to display price, name and telephone number of exhibiting ar- tists at the Carrousel of Anaheim at the Convention Center, May 14, 15 and 16, 1972. The City Attorney advised that the request complies with Council Policy No. 013, with the exception of displaying the price. However, since the Convention Center, unlike parks, is considered to be a commercial area, it was felt the display of price would be appropriate as long as no actual sale was made on the property. On motion by Councilman Pebley, seconded by Councilman Thom, re- quest of the Anaheim Art Association was granted, in accordance with Council Policy No. 013, and allowing. display of prices on the exhibits with no actual sale taking place on the Convention Center grounds. MOTION CARRIED. REQUEST Sj JTHERN CALIFORNIA EDISON COMPANY: Request of Southern California Edi- son Company for approval of additional transmission lines was deferred to the May 9, 1972 meeting, at the request of Tom Lacy, Agent for the Petitioner, on motion by Councilman Thom, seconded by Councilman Dutton. MOTION CARRIED. PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission, at their meeting held April 3, 1972, pertaining to the following applications, were submitted for City Council information and consideration: VARIANCE NO. 2306: Submitted by Paul J. Knaak, proposing to utilize an ex* isting service station to sell new and used automobiles and recreational ve- hicles on C -1 zoned property located at the northeast corner of Lincoln Ave- nue and Brookhurst Street, with waivers of: a. Permitted uses required to be indoors. b. Permitted retail uses. c. Landscaped setback. The City Planning Commission, pursuant to Resolution No. PC72 -58, denied said variance. VARIANCE NO. 2343: Submitted by John R. and Sandra L. Balaam, proposing to construct a two -story addition to an existing single- family residence on R 2 zoned property located at the southwest corner of Lemon and South Streets, with waivers of: a. Maximum rear yard coverage. b. Minimum required rear yard depth. The City Planning Commission, pursuant to Resolution No. PC72 -64, granted said variance, subject to conditions. VARIANCE NO. 2344: Submitted by Stella M. Brandt, to permit the establish- ment of an automobile radiator repair and service shop on C-2 zoned property located on the east side of Anaheim Boulevard, south of North Street, with waiver of: a. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC72 -65, granted said variance, subject to conditions. 72 -244 City Hall. Anaheim. California COUNCIL MINU'. S April 25. 1972. 1 :30 P.M. VARIANCE NO. 2347: Submitted by Mr. and Mrs: A.B. Hoffart, proposing to con- struct a swimming pool in the front setback on R -1 zoned property located on the north side of Broadway, west of Gilbert Street, with waiver of: a. Minimum required front setback. The City Planning Commission, pursuant to Resolution No. PC72 -66, granted said variance, subject to conditions. CONDITIONAL USE PERMIT NO. 1289 CLARIFICATION; Submitted by Don Fears,' Architect for the proposed Western Avenue Baptist Church establishment for elderly residents, requesting Planning Commission's clarification regarding stipulation in the minutes on relocation of the covered parking spaces and number of covered parking spaces required. The City Planning Commission, by Motion, determined that any amend- ments or deletion of conditions to said conditional use permit would have to be considered at a public hearing. CONDITIONAL USE PERMIT NO. 1300: Submitted by United Brotherhood of Carpen- ters and Joiners of America Local Union No. 2203, to establish an existing union hall as a conforming use and to permit its expansion on R-A zoned pro- perty located on the south side of Vermont Avenue, west of Harbor Boulevard. (CUP NO. 517) The City Planning Commission, pursuant to Resolution No. PC72 -68, granted said conditional use permit, subject to conditions. The foregoing actions were reviewed by the City Council, and no further action taken. CONDITIONAL USE PERMIT NO. 1302: Submitted by Burton Zoul and L. Roberts Plymouth, Inc., to establish a carwash in conjunction with gasoline sales on C -1 and C-3 zoned property located on the northwest corner of Anaheim Boulevard and Ball Road, with waivers of: a. Maximum number of free standing signs. b. Minimum height of free standing signs. The City Planning Commission, pursuant to Resolution to. PC72 -62, granted said conditional use permit, in part, subject to conditioh Review of action taken by the City Planning Commission was reques- ted by Councilman Thom, and the City Clerk was instructed to schedule the matter for public hearing before the City Council. CONDITIONAL USE PERMIT NO. 1299: Submitted by Dunn Properties Corporation, to establish retail distributing firms and service businesses, including busi- ness and professional offices primarily servicing business and industry, with incidental sales to the public in an industrial complex on M-1 Zoned property located at the northeast corner of Ball Road and East Street. The City Planning Commission, pursuant to Resolution No. PC72 -59, granted said conditional use permit, subject to conditions. Councilman Dutton questioned Conditions Nos. '1 and 2, in that they did not specifically state an Applicant has recourse to the City Council in the event he is not satisfied with the decisions of the Development Services Department. The City Attorney stated he felt the entire conditions should be rewritten since they were, in fact, granting the Development Services Depart- ment power to approve a use which otherwise would be prohibited. He sugges- ted including a list of uses that could be approved. A review of action taken by the City Planning Commission was re- quested by Councilman Dutton, and the City Clerk was instructed to schedule the matter for public hearing before the City Council. 72- 245 City pail. Anaheim. California COUNCIL MINUS April 25. 1972. 1:30 P.M. R -H 10.000 ZONE SETBACK STANDARDS: The City Manager submitted correspondence from Alan G. Orsborn, Director of Development Services Department, advising that a developer has indicated an intent to provide 10 -foot setbacks for straight -in garages in an R -H- 10,000 Zone project and has requested a writ- ten opinion from the City Attorney on setback requirements for that zone; in view of the recent concern expressed by the Council on setbacks, and the resulting Code amendment to the R-2-5,000 Zone, an amendment to the Anaheim Municipal Code is being prepared for consideration, providing for a 25 -foot setback for straight -in garages in the R- H- 10,000 Zone. He sug- gested that the Council may wish to instruct the Planning Commission to recommend an amendment to the Code that would provide for a 25 -foot setback for straight -in garages in all Single-Family Zones. Mr. Murdoch stated that the 10 -foot front yard setback for R -H- 10,000 Zoning was specifically designed for hillside development to reduce the necessity of a substantial cut in the hilly areas. He suggested con- sideration may be given to the fact that an R -H- 10,000 development provides less density and quite a bit more curbing space for parking than an R -2- 5,000 Zone; that there very likely will be sidewalks adjacent to the curb- ing in an R -H- 10,000 Zone development, which would thus provide parkway area between the sidewalk and a garage that could be used for parking; if the City Council wished to make a driveway clearance standard for all zones of 20 feet, consideration could be given to requiring electric garage door openers in the R- H- 10,000 Zone. In reply to Council questioning, Mr. Geisler advised that R -H- 10,000 Zoning does not necessarily provide wider lots, since the minimum requirement is 70 feet. He stated he understood the 10 -foot setback for R -H- 10,000 lots was determined on the presumption that side entries would be provided, since it would be impractical to have garages come straight in in the hilly areas. Mr. Geisler stated that, in his opinion, if a developer wishes to provide straight -in garages, he is entitled to receive building permits under the existing ordinance. He added, however, that if automobiles are parked over the sidewalk area they are in violation of the law, and subject to fine. By general Council consent, the Development Services Department was requested to present recommendations to the City Planning Commission for consideration as soon as possible. AWARD OF CONTRACT WORK ORDER J0. 1239: At the request of the City Engineer, Councilman Thom moved that award of contract for Work Order Nd. 1239, (Walnut Canyon Sewer Improvement, Phase II), be deferred to the next regu- lar meeting. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 72R 158 AWARD OF CONTRACT. WEED ABATEMENT WORK ORDER NO. 3 2 x- 3 7: City Attorney Joseph Geisler advised that the Fire Department had no- tified all bidders for the Weed Abatement contract that they could with- draw their bid if they were not willing to,pay the prevailing wages, as required by Council action for all public works projects; that the response of the low bidder was that he would like to increase his bid by 257 in this case. He further advised that upon informing the low bidder his bid could not be amended, he had stated his original bid would stand and he would pay the prevailing wage scale as required by the specifications. Mayor Dutton asked if any of the other bidders on this contract were present and wished to make a statement, to which he received no reply. RESOLUTION NO. 72R -158: Councilman Thom offered Resolution No. 72R.158 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 LABOR AND EQUIPMENT TO CUT AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, WORK ORDER NO. 322 -297. (Harold Watts $23,905.00) 72- 246 City Hall. Anaheim. California COUNCIL MANTES Aril 25. 1972 1;30 P L M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-158 duly passed and adopted. RESOLUTION NO. 72R-159 WORK ORDER NO. 1242: Councilman Dutton offered Resolu- tion No. 72R-159 for adoption. 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: THE ORANGE AVENUE SEWER LATERAL EXTENSION FROM BEACH BOULEVARD TO KNOTT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1242. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI- FICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened May 18, 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 No. 72R -159 duly passed and adopted. RESOLUTION NO. 72R -160 WORK ORDER NO. 632 -A: Upon receipt of certification from the Director of Public Works, Councilman Pebley offered Resolution No. 72R- 160 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 CON PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE RED GUM STREET CORONADO STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 632 -A. (Amex Paving Company, Inc.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-160 duly passed and adopted. RESOLUTION NO. 72R -161 DEEDS OF EASEMENT: Councilman Thom offered Resolution No. 72R -161 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Anaheim Properties, Inc.; Mervyn A. Phelan; Tariq M. Shamma and Don C. Gilmore, 2 deeds.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-161 duly passed and adopted. City Hall. Anaheim. California CQJJGjL Mtt 1T S April 25. 1972. 1:30 P.M. RESOLUTION NO. 72R- 162 UTILITY AGREEMENT. GRANT CORPORATION: Councilman Dut- ton offered Resolution No. 72R-162 for adoption. Refer to Resolution Book. 72-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AGREEMENT BETWEEN THE ROBERT H. GRANT CORPORA- TION AND THE CITY OF ANAHEIM, FOUR CORNERS PIPELINE COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN CONNECTION WITH THE USE OF ACCESS ROAD FOR UTILITIES OPERATIONS. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-162 duly passed and adopted. RESOLUTION NO. 72R -163 AGREEMENT WITH THE ATCHISON. TOPEKA AND SANTA FE RAIIf WAY COMPANY: Councilman Stephenson offered Resolution No. 72R -163 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 BETWEEN THE CITY AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY PROVIDING FOR THE EXTEN- SION OF KELLOGG DRIVE ACROSS SAID RAILWAY COMPANY'S TRACK. (MILE POST 39.2) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -163 duly passed and adopted. CANCEJLATION OF COUNTY TAXES MINI-PARK. CLEMENTINE AND ELI SWETS: On motion by Councilman Pebley, seconded by Councilman Stephenson, the Orange County Board of Supervisors was requested to cancel County Taxes on property ac- quired by the City of Anaheim for municipal purposes, pursuant to Resolu- tion No. 71R -536, formerly assessed to Jack Hollins Fulks; deed recorded December 14, 1971, as Document No. 11785, in Book No. 9925, at Page 468, Official Records of Orange County, California. MOTION CARRIED. PURCHASE OF MATERIAL GATE VALVES The City Manager reported on informal bids received for the purchase of Gate Valves for the Water Division, as fol- lows, and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT. INCLUDING TAR Pacific States Cast Iron Pipe, Los Angeles- $7,648.25 MarderrSusco, Santa Ana 8,667.86 Howard Supply Company, Garden Grove 9,036.30 Taylor -Jett, South El Monte 9,239.79 Parkson, Inc., Santa Fe Springs 9,802.40 Hanson Water Works NO QUOTE On motion by Councilman Stephenson, seconded by Councilman Thom, the low bid of Pacific States Cast Iron Pipe was accepted and purchase au- thorized in the amount of $7,648.25, including tax. MOTION CARRIED. PURCHASE OF MATERIAL ENVELOPES: The City Manager reported on informal bids received for the purchase of one year's supply of envelopes, as follows, and recommended acceptance of the low bid: 72-248 City hell. Anaheim, California COUNCIL VENDOR Refer to Resolution Book. Roll Call Vote: S April 25. 1972. 1 :30 P.M. TOTAL AMOUNT. INCLUDING TAX Coast Envelope Company, Los Angeles $5,410.19 Federal Envelope Company, Buena Park 5,442.99 Mailwell Envelope Company, San Gabriel 5,563.96 Business Envelope Company, Anaheim INCOMPLETE BID Gilmore Envelope Company NO BID Aaron Envelope Company NO BID On motion by Councilman Dutton, seconded by Councilman Pebley, the low bid of Coast Envelope Company was accepted and purchase authorized in the amount of $5,410.19, including tax. MOTION CARRIED. RESOLUTION NO. 72R -164 SETTLEMENT OF EMINENT DOMAIN: On recommendation of the City Attorney, Councilman Pebley offered Resolution No. 72R -164 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM COMPROMISING CERTAIN EMINENT DOMAIN LITIGATION; ACCEPTING A CERTAIN EASEMENT DEED; AND AUTHORIZING AND DIRECTING PAYMENT THEREFOR. (Paul T. Schlue $1,990.00; east side of Kraemer Boulevard, north of La Palma Avenue.) AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -164 duly passed and adopted. CLAJMS AGA7,NST THE CITY: The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Thom, seconded by Councilman Stephenson: a. Claim filed by Joyce Hancock, for purported personal property loss sustained as result of food spoilage when electricity was shut off in error, on or about April 11, 1972. b. Claim filed by J. Monk, Special Agent for the Pacific Telephone and Telegraph Company, for purported personal property damages sustained as result of City's power cable exploding in an adjacent manhole, damaging their telephone cable, on or about February 24, 1972. MOTION CARRIED. RESOLUTION NO. 72R -165 APPORTIONMENT OF TOPICS FUNDS: On recommendation of the City Engineer, Councilman Thom offered Resolution No. 72R-165 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING ACTION TO BE TAKEN WITH FUNDS APPORTIONED TO CITY FROM FEDERAL TOPICS PROGRAM. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R-165 duly passed and adopted. CORRESPONDENCE: The following correspondence was discussed and ordered received and filed, on motion by Councilman Stephenson, seconded by Councilman Pebley: a. Orange County Board of Supervisors Ordinance Uniform Sales and Use Tax. Report: City Attorney's Office. City Hall. Anatolia, California COU Io April 25. 1972. 1:30 P b. Greyhound Lines West Notice With regard to Application No. 52591 filed with the Public Utilities Commission, to increase fares. c. Orange County Mosquito Abatement District Minutes March 16, 1972. d. Anaheim Parks and Recreation Commission Minutes March 16, 1972. e. Financial and Operating Reports for the months of January and March, 1972: Roll Call Vote: Water Division (January) City Treasurer's Office (March) Fire Department (March) Engineering Division (March) MOTION CARRIED. ORDINANCE NO. 3028: Councilman Stephenson offered Ordinance No. 3028 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-10(2) R-2-5,000) AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3028 duly passed and adopted. ORDINANCE NO. 3029 Councilman Stephenson offered Ordinance No. 3029 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61 -62- 69(42) M-1) 72-249 Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3029 duly passed and adopted. ORDINANCE NO. 3030: Councilman Thom offered Ordinance No. 3030 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 -72-32 C -0) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COIJNCILI+EN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3030 duly passed and adopted. ORDINANC$ NO. 3032 Councilman Stephenson offered Ordinance No. 3032 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.160 OF THE ANAHEIM MiJUICIPAL CODE RELATING TO RESTRICTED PARKING 3:00 A.M. TO 6:00 A.M. (Clementine Street, on both aides, from Lincoln Ave- nue to Chestnut Street.) 72-250 City Hall. Anaheim. California cog= DES April. 25. 1972. 1:30 P.M. ORDINANCE jtO. 3033: Councilman Stephenson offered Ordinance No. 3033 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE REIATING TO ZONING. (68 -69 -49(2) R -3 Tract 6824) ORDINANCE NO. 3034; Councilman Dutton offered Ordinance No. 3034 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (71 72 -16 C-1 (SC) ORDINANCE NO, 3035: Councilman Stephenson offered Ordinance No. 3035 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNI- CIPAL CODE RELATING TO ZONING. (70-71 -51 C-1) STATUS RESORT C.BLE TELEVISION: Assistant City Manager Robert M. Davis intro- duced William Armstrong, an employee of Northrop Corporation, who has been working with the City of Anaheim Research Division the past year as a science and technology advisor, who presented a status report on the Cable Antenna Television proposal for Anaheim. Mr. Davis advised that in the past year Anaheim has participated in a program sponsored jointly by the National Science Foundation and NASA for the purpose of transferring technology from the aerospace industry to cities, and as a result Anaheim has amassed a vast amount of information on cable television. Mr. Armstrong advised that cable television ordinarily has been a process of re- transmitting television signals to areas that do not have good reception; however, the system proposed for Anaheim is far more ambi- tious and comprehensive than any existing or planned throughout the United States. It will originate programs from its studio and from a mobile van, and provides individualized, continuing two -way education to a child unable to attend school. He reported that the proposed requirements are for three cables, two dedicated for retransmission of material over 45 television channels, with capability for 62 channels, and one a special dedicated two -way cable for returning television and data from subscribers. Mr. Armstrong concluded his presentation by stating that Anaheim has the following options on Cable TV: a. Franchise in accordance with Federal Communications Commission regulations. b. Experiment by overstepping FCC regulations. c. City ownership of the system. d. Combination of City and private ownership. e. Defer action. He recommended proceeding with the system as described in his pre- sentation, and advised that an ordinance to this effect presently is being prepared for Council consideration. He stated the proposal would be for a 15 -year, non- exclusive ar- rangement and the specifications mould be sent only to the four firms who previously submitted bids, a franchise fee of 5% of the gross operational revenue would be assessed, the City would have the right to take over the system in the event of default by the operator or damage to the City, the City would have the option of assuming ownership of all the capital assets after a 10 -year period, disputes would be haadled by the City Manager's office with recourse to the City Council, a $100,000.00 good performance bond would be required for the period of the agreement, a 240-hour service on complaints, all failures corrected within 24 hours, and appropriate staffing. That the City would have the authority to take over the complete system in the event of a disaster, such as Invasion, riot, flood or earth- quake. 72-251 City Hall. Anaheim. California QOU1CIL Mt uns Apra 25. 1972. 1 :30 P.M. Mr. Armstrong stated it was hoped the contract could be awarded about September of this year and the certificate of compliance received by the grantee by the first part of 1973, that 20% to 40% of the system would be completed within one year and the entire system within two and a half years. about September of this year and the certificate of eceived by the grantee by the first part of the system would be completed wi -ar and the entire system completed within two In response to a query by Councilman Pebley, Mr. Murdoch re- quested a study be made to determine if the proposed $100,000.00 faith- ful performance bond was sufficient. Councilman Dutton noted that the efforts of the Cable TV Com- mittee actually have resulted in upgrading the industry and he commended Mr. Armstrong on his achievements. Mr. Davis advised that one of the basic differences in the phil- osphy of the FCC and Anaheim is that the FCC allows an operator to start with a minimum development in a community and then install facilities to expand the system as it becomes necessary, whereas Anaheim would require certain facilities for additional services at the outset to give the opera- tor an incentive to use them. He further stated that Anaheim in essence is going to challenge the FCC by going to Washington, D.C. with the selected franchisee and take the approach that this undertaking will be on an experimentation basis, which may result in the FCC denying the application; also, they have been encouraging joint action by surrounding communities and school districts. He added that if the Council approves proceeding as described, a presentation will be made before the League of California Cities Execu- tive Committee so that other Councilmen will be aware of this project. Councilman Thom expressed concern that all the effort would be wasted if the FCC denied the application. Mr. Murdoch advised that in that case the franchise would have to be within the FCC regulations. By general Council consent, the City Manager's office was di- rected to proceed with the Cable TV proposal as presented. SAR ITATION DISTRICTS NO. 2 AND 3 ALTERNATE MEMBER: Mayor Dutton' appointed Councilman Stephenson as the alternate representative to Sanitation Dist ricts Nos.•2 and 3. TION sx!YsSI Mayor Dutton appointed Council- man Pebley ex-officio member of the Parks and Recreation Commission. The City Manager reported correspondence received from the National League of Cities United States Conference of Mayors urging support of the State and Local Fiscal Assistance Act of 1972 (Revenue Shar- ing Bill) and advising that Anaheim would be entitled to receive $1,686,656 in 1972 if the bill is passed. The Council indicated a desire to continue to support this bill. R8Ct18 AMERICAN FREEDOM FROM HUNGER FOUNDATIOJI: On invitation from Council- man Pebley, Miss Sarah Oliver, 9892 Pacific, Anaheim, student at Magnolia High School, addressed the Council, requesting an endorsement from the City Council of a planned 30 -mile Waik on May 13, 1972, for the American Freedom From Hunger Foundation. She explained the Foundation is National, established and incorporated in Washington as a private, non profit organi- zation to acquaint the public with poverty and hunger and started by Presi- dent Nixon in 1961. That the Northern Orange County May 13th Walk is be- ing organized by Magnolia High School. students, and to better organize their Walk they need publicity to let the people of Anaheim know what they propose is for a very worthy cause. 72-252 City Hall. Anaheim. California COUNCIL MUTES April 25. 1972. 1 :30 P Miss Oliver explained that 15% of the funds collected will go towards operational costs; 42k% to foreign projects (Unicef Bangladesh Relief Fund) and 424% to domestic projects. That one -half the domestic funds goes to the Robert F. Kennedy Memorial Fund for high school projects, such as the estab- lishment of a network of persons (teachers, doctors, lawyers, etc.) to help high school students with their problems. The other half of the domestic portion will go to a local Mexican- American Community called Independencia. to do. Councilman Stephenson asked what the students expected the City Miss Oliver replied they need an endorsement and cooperation and requested a Council Proclamation indicating the Council's awareness of what the students are doing. She further explained that included in the Northern Orange County District are 77 schools in Anaheim and the neighboring cities of Cypress, Stanton, Orange and Fullerton and prior to the Walk, the students will solicit sponsors to pay a donation of so much a mile. That they have received approval from the Cities of Fullerton, Cypress and Stanton. Councilman Thom stated that the students of Magnolia High can rely on the fact that they have the Council's backing and support in this very worthwhile project and he commended each and every one of them for their un- selfish and humanitarian efforts. Mayor Dutton advised they certainly had 100% backing of the Council on that part, and their request would be considered further; however, it is a policy to have a background check made on all such requests for solicitation of donations. Miss Oliver was advised by Councilman Stephenson that she should be sure to contact the Anaheim Police Department as to their planned activity. Miss Oliver advised they were aware of this and had contacted the Police Department. She further expressed their need for an office and tele- phone facilities, and requested any assistance the City might be able to offer. The Council advised Miss Oliver that no City facilities could be made available for this purpose, as such assistance would constitute a gift of public funds. RECESS EXECUTIVE SESSION: At the request of the City Attorney, Councilman Dutton moved to recess to Executive Session for the purpose of discussing a litiga- tion matter. Councilman Stephenson seconded the motion. MOTION CARRIED. (4:00 P.M.) AFTER EXECUTIVE SESSION: At the conclusion of Executive Session and upon return of all Councilmen to the Council Chambers, Councilman Stephenson moved to ad- journ. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 5:18 P.M. Signed 7. Deputy City Clerk