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1972/08/157 52 0 Cit Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler ASSISTANT CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Alona M. Farrens CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Arthur Krebs of the First Congregational Church gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: A proclamation congratulating the International Association of Y's Men's clubs on their fiftieth anniversary in 1972, applauding the organization the contributions made by the Y's Men and Y's Menettes to improvement of the quality of life in the world, and encouraging them to renew and rededicate their efforts in even greater measure in the years to come, was unanimously adopted by the City Council, and presented by Mayor Dutton to Julius Dallman, President of the Anaheim Y's Men club. PRESENTATION AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA: Joseph Wade of the Automobile Club of Southern California presented to Mayor Dutton, The American Automobile Association's Pedestrian Program Special Citation for Safety Inventory among cities of 100,000 to 200,000 population for the year 1971, and noted this award was being presented to Anaheim for the third consecutive year. Mr. Wade also presented a special citation to Anaheim Police Lieutenant Alvin Rogers for his efforts in compiling the statistics submitted for this program. MINUTES: Approval of minutes of the Anaheim City Council Regular Meetings held August 1 and August 8, 1972, were deferred to the next regular meeting. WAIVER OF READING ORDINANCES AND RESOLUTIONS: 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 reading 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. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $2,275,234.04, in accordance with the 1972 -73 Budget, were approved. CONTINUED PUBLIC HEARING HOUSEMOVING PERMIT: Application submitted by Renato Durigon requesting permission to move a dwelling from 14830 Piuma Street, Norwalk to 1615 Varna Street, was reviewed by the City Council at the August 8, 1972, meeting together with report of the Development Services Department recommending approval subject to payment of appropriate Park and Recreation fees, and continued to this date for further investigation. The City Clerk submitted a letter and petition of protest against said housemoving, and also a letter of explanation from H. A. Chamberlain, Agent for the Applicant who presently is in Europe. Mayor Dutton asked if the Applicant or his Agent was present and wished to address the Council. H. A. Chamberlain, 7200 Melrose Street, Buena Park, Agent, stated that his comments were contained in his letter to the Council dated August 9, 1972. City Hall Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. In reply to Council questioning, Mr. Chamberlain stated he did not know whether the Applicant intended to rent or sell the dwelling proposed to be moved. Mayor Dutton asked if anyone wished to address the Council in opposition. John Greer, 1730 West Cris Street, stated they had not been notified of the proposed move in of a house directly behind the lot on which subject house would be moved, and added that the house is substantially different from any other building in the area, and, according to the persons who had actually moved it in, will be used as rental property. Mr. Greer noted that there are two rental properties in the area which are not properly cared for, and it was his opinion that, unless it was maintained as well as the other homes, any more rental property would tend to decrease the value of the other homes in the neighborhood. Councilman Dutton stated he had noted a great deal of apparent pride of ownership in the homes he had viewed in the neighborhood. Ray White, 1743 West Cris Street, stated the objective of the existing property owners in the neighborhood had been to increase the value of their homes, and he did not feel the home proposed to be moved in was of a comparable value. RESOLUTION NO. 72R- 347: Councilman Stephenson stated he did not feel subject dwelling was compatible to the neighborhood, and thereupon offered Resolution No. 72R -347 for adoption, denying the housemoving permit. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING A HOUSE MOVING PERMIT TO RENATO DURIGON, TO MOVE A DWELLING FROM 14830 PIUMA STREET, NORWALK, CALIFORNIA, TO 1615 VARNA STREET, ANAHEIM, CALIFORNIA. Roll Call Vote: 72 -527 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -347 duly passed and adopted. CONTINUED REQUEST FOR RE- HEARING CONDITIONAL USE PERMIT NO. 658: Request of Richard Kenneth Brooks, Jr., for a re- hearing to consider elimination of Condition No. 3 of Resolution No. 72R -335, requiring removal of an existing drive at Church Haven Way for Trinity Lutheran Church, located at Nohl Ranch Road and Nohl Canyon Road, was considered at the July 11, 1972 meeting and continued to this date for verification that landscaping requirements under Condition Nos. 4 and 5, would be complied with as stated by the Applicant. Additional report of the Development Services Department prepared August 8, 1972, was submitted. Mayor Dutton asked if the Applicant was present and wished to address the Council. Richard K. Brooks, Jr., President of Trinity Lutheran Church Council, stated it is still their desire to request a re- hearing to consider elimination of Condition No. 3. He stated they desired to retain the existing driveway on Church Haven Way for emergency purposes, since it is located directly across from a fire hydrant and the chain blocking use of the driveway could easily be cut. 72 -528 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 ;30 P.M. Zoning Supervisor Charles Roberts advised that Condition No. 4, requiring landscaping along Church Haven Way frontage has been complied with; however, no plans have yet been received for landscaping along the east boundary to satisify Condition No. 5. In reply to Councilman Dutton's comment that the plantings along Church Haven Way still are very small, Mr. Brooks advised that eventually those shrubs would grow to be six feet wide and would completly screen the parking area. He added that the same types of plantings would be used along the east boundary. Councilman Dutton stated that in conversation the previous day, Fire Marshall Bob Phillips had stated he could see no reason to require the driveway off Church Haven Way for fire use at this time, although it was possible it could be needed eventually if the church school attendance increased. property. Mr. Brooks displayed an overall landscaping plan for the entire Councilman Dutton stated he would prefer to see permanent plantings across the Church Haven Way driveway rather than box trees, although he could see no objection at this time to allowing the driveway apron to remain. No. 3. Councilman Thom stated he would not object to a re- hearing on Condition Councilman Stephenson noted that the Applicant had promised that Cond- itons 4 and 5 would be complied with by this date, and yet only Condition No. 4 has been met,and that with very small plantings. At the request of the Mayor, there was a show of hands of approximately eight persons in the audience who wished to voice opposition to the requested re- hearing. Mayor Dutton asked that a spokesman for the group address the Council. Mrs. Dorothy Chatham, 4111 Church Haven Way, noted resident neighbors had objected to the interpretation of the term of the original conditional use permit on July 27, 1971, at which time the church school was permitted (Resol- ution No. 71R -335), and had accepted the decision of the Council on the basis that the conditions of approval would be complied with within 180 days. She stated she did not feel it was fair to the residents to allow the church to take three or four years to meet the requirements unless they did not intend to operate the school for that period of time. Councilman Dutton commented that, although it would take a couple of years for the landscaping along Church Haven Way to reach a point where it would really be effective, he though it would be more satisfactory than the 42 inch masonry wall that could have been erected in place of the plantings. Mr. Brooks stated that as an architect he knew that at some point in time the church property would be one of the nicest facilities existing with complementing landscaping; however, a loan from the church synod was necessary for the original land purchase and the church's finances do not permit doing everything at once. He added that he had spoken with all but three of the residents on Church Haven Way and found only one who would oppose retaining the driveway along that street or object to the landscaping as installed. Others in the audience were invited to address the Council. Mrs. Hendrik Van Ysseldyk, 4125 Church Haven Way advised she still objected to the driveway off Church Haven Way even though it is blocked by a chain, since she was apprehensive that it might be reopened at some future time if allowed to remain. Marvin Bangs, a member of Trinity Lutheran Church, noted the great ex- pense of purchasing the four and one /half acres of property with street frontages City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. on three sides, the curbiugs and sidewalks required, which he contended amounted to twice that for all of Church Haven Way, and the $1,000.00 recently spent for a sprinkler system,has left the church with a deficiency of funds for immediate landscaping, which also was the reason one gallon plants were used for the completed landscaping rather than five or ten gallon plants. He stated that at the time the church began its activities seven years ago the property across the street was empty banks; that the banks were filled in and homes built at a later date; that the church had installed the fire hydrant and driveway on Church Haven Way, plus two other hydrants, before the other homes were built, and yet they are denied access to that one hydrant. He advised they had been informed by the Fire Department that they would be in violation of the Fire Code if they removed the driveway on Church Haven Way and thus may be required to install another hydrant within the church property at some future time, the cost of which would be prohibitive. Councilman Dutton informed Mr. Bangs that the Fire Marshall had assured him there would be no need for additional fire facilities,at least until the church makes an addition to the buildings. The City Engineer suggested that, rather than remove the driveway apron on Church Haven Way, which Mr. Brooks estimated would cost $500.00 to $1,000.00, a cold joint curb could be placed across the apron connecting with the curbing on each side of the apron at an approximate cost of $100.00, the apron then could be filed with dirt and, if desired, shallow root plants installed; the asphalt of the parking lot beyond the apron could be removed and landscaping installed as required. Following Council discussion, and noting that the church school would commence in approximately 30 days, Councilman Stephenson moved that the request for rehearing be denied, and that the church be given 30 days from this date to fulfill conditions of approval of Resolution No. 71R -335 in the following manner: cast full height curb directly on the depressed curb through the total driveway length on Church Haven Way and cover driveway apron with soil as recommended by the City Engineer, remove the existing parking'lot asphalt behind that driveway and install additional plantings; submit to the Development Services Department for approval plans for landscaping along the easterly property line adjacent to the area proposed for recreational purposes, and install such landscaping. Councilman Sneegas seconded the motion. MOTION CARRIED. MEMBERSHIP APPLICATION SANTIAGO LIBRARY SYSTEM: Request of Mrs. Elizabeth J. Schultz, Chairman Library Board was submitted to adopt a proposed resolution enabling the Anaheim Public Library to join as a participating member library in the Santiago Library system. RESOLUTION NO. 72R -348: Councilman Stephenson offered Resolution No. 72R -348 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE APPLICATION FOR THE ESTABLISHMENT AND IMPROVEMENT OF LIBRARY SERVICES FROM THE STATE OF CALIFORNIA AND APPROVAL OF A PLAN OF SERVICE THEREUNDER. Roll Call Vote: RECLASSIFICATION NO. 70-71-55, VARIANCE NO. 2268 AND TENTATIVE MAP, TRACT NO. 7416 EXTENSION OF TIME: Request of James E. McNamara, WL Builders Corporation, dated July 6, 1972, was submitted for a one year extension of time to Reclassifi- cation No. 70- 71 -55, Variance No. 2268 and Tentative Map, Tract No. 7416, proposing a two story, 318 -unit statutory condominium complex on R -A and Refer to Resolution Book. AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -348 duly passed and adopted. 72 -529 72 -530 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. County A -1 property located on the north side of Orangethorpe Avenue, west of Imperial Highway. Also submitted were reports of the Development Services Department and the City Engineer recommending a one year extension of time be granted to expire August 17, 1973. On motion by Councilman Dutton, seconded by Councilman Stephenson, a one year extension of time for Reclassification No. 70- 71 -55, Variance No. 2268 and Tentative Map, Tract No. 7416, was granted as requested to expire August 17, 1973. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission, at their meeting held July 24, 1972, pertaining to the following applications were submitted for City Council information and consideration: VARIANCE NO. 2395: Submitted by Ronald R. Cosby, et al, to allow use of chain link fencing to enclose outside storage area in conjunction with an existing building on R -A and M -1 zoned property located on the west of Kraemer Boulevard, south of Miraloma Avenue, with waiver of: a. Outdoor storage screening requirement. The City Planning Commission pursuant to Resolution No. PC72 -168, denied said variance. VARIANCE NO, 2396: Submitted by Clarence and Rhea L. Meddock, to allow mobile home sales on R A zoned property located on the east side of Haster south of Katella Avenue, with waiver of: a. Sale of mobilehomes in mobilehome parks. The City Planning Commission pursuant to Resolution No. PC72 -172, granted said variance, subject to conditions and to be reviewed every two years. VARIANCE NO. 2397: Submitted by Aldor Corporation and Aldor Properties Corp- oration, to allow approval of a parcel map to divide property into three parcels on C zoned property located on the north side of Linclon Avenue, westerly of Magnolia Avenue, with waiver of: a. Public street frontage required. The City Planning Commission pursuant to Resolution No. PC72 -166, granted said variance, subject to conditions. VARIANCE NO. 2399: Submitted by Thelma Slobodin Sloan, to construct a two -story office building on C -1 zoned property located on the north side of Lincoln Ave- nue, east of Gilbert Street, with waivers of: a. Maximum wall height in front setback. b. Trees required along the zone boundary line abutting R -A property. c. Maximum building height within 150 feet of a single family resi- dential zone. d. Minimum off street parking stalls. The City Planning Commission pursuant to Resolution No. PC72 173, granted said variance, subject to conditions. VARIANCE NO. 2401: Submitted by Forest Lawn Cemetery Association, to allow erection of two new signs in conjunction with proposed Fullerton Savings and Loan Building on C -1 zoned property located on the southwest corner of Lincoln Avenue and Peregrine Street, with waivers of: a. Minimum distance between freestanding signs. b. Minimum height of freestanding signs. (Withdrawn) The City Planning Commission pursuant to Resolution No. PC72 -169, granted said variance in part, subject to conditions. VARIANCE NO. 2402: Submitted by Raymond Masciel, to establish a duplex by adding a unit to an existing single dwelling on R -2 zoned property located on the west side of Sabina Street, north of Wilhelmina, with waivers of: a. Maximum structural height. b. Side yard parking requirement. 72 -531 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. a. Vehicular access to garages from the alley only. b. Minimum off street parking. c. Minimum building setback. The City Planning Commission pursuant to Resolution No. PC72 -165, granted said variance subject to conditions. CONDITIONAL USE PERMIT NO 1327: Submitted by Gregg T. and Laurel M. Pamson, to establish a private school in conjunction with a single family dwelling with accessory living quarters on R -A zoned property located on the south side of Orange Avenue, west of Gilbert Street, with waivers of: The City Planning Commission pursuant to Resolution No. PC72 -164, granted said conditional use permit for a maximum of ten students subject to conditions. CONDITIONAL USE PERMIT NO. 1331: Submitted by Anthony and Victor Di Dodo, to establish on -sale beer and wine in conjunction with an existing restaurant on C -1 zoned property located on the north side of Orange Avenue, east of Brook hurst Street. The City Planning Commission pursuant to Resolution No. PC72 -163, granted said conditional use permit, subject to conditions. CONDITIONAL USE PERMIT NO 1289: Submitted by Western Avenue Southern Baptist Church of Anaheim, requesting that ten covered parking stalls that were removed from the northerly boundary of subject property by City Planning Commission action be permitted to remain as open parking spaces. The approved 179 -unit, three -story apartment complex for the elderly is on R -3 zoned property located on the west side of Western Avenue, south of Lincoln Avenue. The City Planning Commission pursuant to Resolution No. PC72 -162, granted said request by amending Condition No. 4 of Resolution No. PC72 -23. CONDITIONAL USE PERMIT NO. 1127: Request for a one -year extension of time permit outdoor banquet facilities on R -A zoned property located at the north- west corner of West Street and Cerritos Avenue. The City Planning Commission by motion granted a one -year extension of time,to expire July 27, 1973. CONDITIONAL USE PERMIT NO. 1259: Request for a one -year extension of time to allow the expansion of an existing convalescent hospital previously approved under Conditional Use Permit No. 614. C -0 zoned property is located on the east side of Euclid Avenue, north of Orangewood Avenue. The City Planning Commission by motion granted a one -year extension of time,to expire September 20, 1973. APPOINTMENTS: The City Planning Commission elected the following officers for fiscal year 1972 -73: Chairman John Seymour Chairman Pro Tem Miriam Kaywood Commission Secretary Ann Krebs The foregoing variances and conditional use permits were reviewed by the City Council and no further action taken. VARIANCE NO. 2398: Submitted by George T. Reeve, to establish a six -lot single family tract on R -A zoned property located on the north side of the Riverside Freeway, west of Lakeview Avenue, at the terminus of Starling Way, with waiver of: a. Minimum lot width on cul -de -sac lots. 72 -532 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1:30 P.M. b. Minimum front setback. c. Minimum lot width. The City Planning Commission, pursuant to Resolution No. PC72 -167, granted said variance, subject to conditions. The City Council reviewed this action and took no further action. TENTATIVE MAP, TRACT NO. 7940 (Variance No. 2398): Developer S W Associates. Pro- perty is located on the north side of the Riverside Freeway, west of Lakeview Avenue at the terminus of Starling Way, and contains six proposed R -1 zoned lots. The City Planning Commission, at its meeting held July 24, 1972, ap- proved said tentative map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 7940 is granted subject to the approval of Reclassification No. 67 -68 -13 and Variance No. 2398. 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 a six -foot high earthen berm shall be provided adjacent to the Riverside Freeway. 4. That all lots within this tract shall be served by underground utilities. 5. 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. 6. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 7. That a modified cul -de -sac with a 27 -foot minimum radius curb shall be provided at the terminus of Beauty Drive as required by the City Engineer. On motion by Councilman Pebley, seconded by Councilman Dutton, Tentative Map, Tract No. 7940, was approved subject to the recommendations of the City Planning Commission. MOTION CARRIED. CLARIFICATION SPA MASSAGE IN THE C -R ZONE: Request of Mrs. Arlene Reeves, proposed lessee of the facility in Royal Inns Hotel,was submitted for determination as to whether or not a health spa, including saunas, whirlpool, exercise area, swimming pool, and massage parlor are compatible accessory uses to a hotel in the C -R zone. The City Planning Commission, at its meeting held July 24, 1972, by motion recommended that health spas, including massage parlors, Turkish baths, and saunas, be included in the list of permitted accessory uses in the C -R zone, provided that they are proposed in conjunction with hotel or motel complexes only. On motion by Councilman Pebley, seconded by Councilman Stephenson, the interpretation of Code section 18.37.020 to include said accessory uses in con- junction with hotel or motel complexes in the C -R zone, as recommended by the City Planning Commission, was approved. MOTION CARRIED. ENVIRONMENTAL IMPACT STATEMENT: Environmental Impact Statement for Orange Avenue from Beach Boulevard to the west City limits, prepared by the engineering division of the City of Anaheim, was submitted (A.H.F.P. 624). The City Planning Commission, at its meeting held July 24, 1972, ac- cepted the Environmental Impact Statement, finding there will be no substantial, permanent, adverse environmental impact, nor would there be any adverse, irre- versible changes involved in the project. On motion by Councilman Pebley, seconded by Councilman Stephenson, action of the City Planning Commission accepting said Environmental Impact Statement was sustained. MOTION CARRIED. FLOOD PLAIN ZONE: The City Planning Commission, at its meeting held July 10, 1972, by motion requested that the City Council consider urging the Orange County Assessor's office to consider establishing a Flood Plain Zone for those City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1:30 P.M. properties which were not desirable for an adequate living environment in the Santa Ana Canyon and which were not covered by the Williamson Agricultural Preserve Bill, so that the property owners of these flood plain acreages might realize some relief from taxes if their properties could not be developed. On recommendation of the City Manager, action on said request was deferred to the meeting of August 29, 1972, for further investigation and report by the City Attorney and City Manager. TENTATIVE MAP, TRACT NO. 4693, REVISION NO. 4 (RECLASSIFICATION NO. 72- 73 -15): Owner, State Division of Highways; property located on the north side of Cresthill Drive, Past of Kellogg Drive containing 60 proposed RS -5000 zoned lots was submitted and continued to be heard in conjunction with Reclassif- ication No. 72 -73 -15 on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. WORK ORDER NO. 1510: On recommendation of the City Manager, all bids were rejected for Work Order No. 1510, Anaheim Hills Golf Course Snack Shop and Restroom Facility, design to be modified and readvertised for bid at a later date, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. RESOLUTION NO. 72R -349 WORK ORDER NO. 801: Councilman Stephenson offered Resolution No. 7 2R -349 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 DUPLICATING AND PRINTING SHOP ADDITION, PURCHASING BUILDING, 901 EAST VERMONT AVENUE IN THE CITY OF ANAHEIM, WORK ORDER NO. 801. APPROVING THE DESIGNS, PLANS, PROFILES, DRAW- INGS AND SPECIFICATIONS 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 September 7, 1972, 2 :00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: The Mayor declared Resolution RESOLUTION NO. 72R -350 WORK ORDER NO. 802: No. 72R -350 for adoption. Refer to Resolution Book. 72 -533 Sneegas, Stephenson, Pebley, Thom and Dutton None None No. 72R -349 duly passed and adopted. Councilman Dutton offered Resolution 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 CONVENTION CENTER ACCESS ROAD FROM APPROXIMATELY 663 FEET EAST OF TO WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 802. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS 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 August 31, 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 -350 duly passed and adopted. 72 -534 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. RESOLUTION NO. 72R -351 DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 72R -351 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Robert H. Grant Corporation, Lucky Stores, Inc.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R -351 duly passed and adopted. RESOLUTION NO. 72R -352 FIRST AMENDMENT TO COMMUNITY CENTER AUTHORITY FACILITY AND SITE LEASES: Upon report and recommendation of the City Manager and Assistant City Attorney Alan Watts, Councilman Stephenson offered Resolution No. 72R -352 for adoption. Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHO- RIZING EXECUTION OF FIRST AMENDMENT TO COMMUNITY CENTER FACILITY LEASE AND FIRST AMENDMENT TO SITE LEASE AND AUTHORIZING AND RATIFYING EXECUTION OF DOCUMENTS REASONABLY NECESSARY FOR THE ISSUANCE, SALE AND DELIVERY OF REVENUE BONDS. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: VENDOR McGraw Edison, Los Angeles Westinghouse Electric Corp., Westinghouse Electric Supply, Sangamo Electric, Los Angeles General Electric Company, Los Sneegas, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 72R -352 duly passed and adopted. LETTER AGREEMENT, GENERAL MOTORS CORPORATION WIDENING OF LA PALMA AVENUE: The City Attorney presented a proposed letter agreement from the Delco -Remy Division of General Motors Corporation wherein, in exchange for .660 acres along La Palma Avenue, the City will accept all obligations in connnection with improving and widening that portion of La Palma Avenue and pay the $696.00 survey cost there- for, and recommended acceptance. On motion by Councilman Pebley, seconded by Councilman Stephenson, the Mayor and City Clerk were authorized to execute said letter agreement with General Motors Corporation. MOTION CARRIED. PURCHASE OF EQUIPMENT TRAFFIC COUNT STATION: The City Manager reported on the recommended purchase of a traffic count station, and advised that the existing street counters and permanent count station equipment is Fischer Porter and is not interchangeable with any other type of counting equipment readout; that the one supplier, Fischer Porter Company, has submitted a quotation for said equipment in the amount of $2,950.00, including tax. He thereupon recommended the purchase be authorized. On motion by Councilman Stephenson, seconded by Councilman Pebley, purchase was authorized in the amount of $2,950.00, including tax, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF MATERIALS CAPACITORS AND RACKS: The City Manager reported on informal bids received for the purchase of 50 capacitors and 10 racks for the Electrical Division as follows, and recommended acceptance of the low bid: Los Angeles Anaheim Angeles 50 10 CAPACITORS RACKS $8,250.00 8,250.00 8,750.00 8,750.00 9,000.00 $110.00 150.00 140.00 150.00 150.00 TOTAL INC. TAX. $8,778.00 8,820.00 9,334.50 9,345.00 9,607.50 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. On motion by Councilman Pebley, seconded by Councilman Stephenson, the low bid of McGraw- Edison was accepted and purchase authorized in the amount of $8,778.00, including tax. MOTION CARRIED. PURCHASE OF MATERIAL AUTOMATIC RECLOSING RELAYS AND CONTROL SWITCHES: The City Manager reported on the recommended purchase of 12 automatic reclosing relays and 12 control switches for the Electrical Division, and advised that the one source for the particular units required, Westinghouse Electric Corporation has submitted a quotation for said equipment in the amount of $5,639.76, in- cluding tax. He thereupon recommended that purchase be authorized. On motion by Councilman Thom, seconded by Councilman Pebley, purchase was authorized in the amount of $5,639.76, including tax, as recommended by the City Manager. MOTION CARRIED. (Anaheim Substation) PURCHASE OF SERVICES MAINTENANCE COST, EAST ORANGE COUNTY FEEDER NO. 2: The City Manager reported that Anaheim's prorated share of operation and maintenance costs for the East Orange County Feeder No. 2 for fiscal year 1971 -72 amounted to $2,687.99, and recommended payment to the Metropolitan Water District for these services be authorized. On motion by Councilman Pebley, seconded by Councilman payment was authorized in the amount of $2,687.99 as recommended Manager. MOTION CARRIED. RESOLUTION NO. 72R -353 CROSSING PROTECTION FUND ALLOCATION REQUEST: Stephenson offered Resolution No. 72R -353 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. 2 -168.7 AT THE INTERSECTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TRACT AT VERMONT STREET IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -353 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Sneegas: a. Financial and Operating Reports For the Months of June and July, 1972: MOTION CARRIED. Building Division (July) City Treasure (Corrected June Report) 72 -535 Stephenson, by the City Councilman CORRESPONDENCE RE EVALUATION OF STATE WATER RESOURCES CONTROL BOARD STANDARDS: Orange County Board of Supervisors' Resolution No. 72 -866 was submitted requesting re evaluation of State Water Resources Control Board standards and that a new hearing be set. RESOLUTION NO. 72R -354: Councilman Stephenson stated he felt the City of Anaheim also should adopt a similar resolution to that of the Orange County Board of Supervisors and thereupon offered Resolution No. 72R -354 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING A REHEARING AND RE- EVALUATION OF THE STANDARDS OF THE STATE OF CALIFORNIA WATER QUALITY CONTROL PLAN. 72 -536 City Hall, Anaheim, California COUNCIL MINUTES August 15, 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 72R -354 duly passed and adopted. ORDINANCE NO. 3074: Councilman Thom offered Ordinance No. 3074 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (No parking at any time Euclid Street on west side, from Cerritos to Cris Avenues) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3074 duly passed and adopted. ORDINANCE NO. 3075: Councilman Stephenson offered Ordinance No. 3075 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66 -67 -61 (54) C -R) SANTA FE RAILWAY NON- AGENCY STATUS: The City Manager advised a request had been received from the Atchison, Topeka and Santa Fe Railway to address the Council relative to the letter of protest filed by the City with the Public Utilities Commission, authorized at the August 1, 1972, Council meeting,against the rail- way's proposal to reduce the status of the Anaheim station to non agency. Mayor Dutton invited the representative to address the Council. Donald Hyden, Trainmaster, Atchison, Topeka, and Santa Fe Railway, 1170 West 3rd Street, San Bernardino, assured the Council that reducing the Anaheim station to non agency status would in no way result in a reduction of service to Anaheim since the Fullerton station would remain on 24 hour agency status, as it is the main east and west line to Chicago and all trains stop at that station. He advised that no protest had been received from any of the customers in the area since most Anaheim businesses use the Fullerton station and at present the only customer using the Anaheim station is American Can Company. Mr. Hyden noted that the Santa Fe Railway has not offered passenger service since Amtrack came into existence over a year ago. In reply to Councilman Pebley, Mr. Hyden advised that there are no plans at present with regard to the station building; that any requests about the use of the building should be submitted to Superintendent R. L. Banion at 1170 West 3rd Street, San Bernardino. Mr. Hyden requested that Anaheim withdraw its letter of protest to the Public Utilities Commission. On motion by Councilman Thom, seconded by Councilman Stephenson, withdrawal of the protest was authorized. MOTION CARRIED. LITIGATION COUNSEL FEES POSSESSORY INTEREST TAX: On recommendation of the City Attorney, Councilman Dutton moved to authorize payment of fees submitted by Attorney Francis H. O'Neill, in the amount of $3,825.00 in connection with recent possessory interest tax litigation, Anaheim Stadium. Councilman Stephen- son seconded the motion. MOTION CARRIED. City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1 :30 P.M. SETTLEMENT, ANTI -TRUST LITIGATION STANDARD OIL COMPANY OF CALIFORNIA: Councilman Sneegas offered Resolution Nos. 72R -355 and 72R -356 for adoption, approving settlement in the total amount of $100,000.00 of anti -trust litigation against Standard Oil Company of California relative to the manufacture, marketing and sale of liquid asphalt, funds received from these settlements to be used to finance similar litigation against other oil companies. Refer to Resolution Book. RESOLUTION NO. 72R -355: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SETTLEMENT WITH WITCO CHEMICAL CORPORATION AND ROBERT L. FELDMAN IN ANTI -TRUST LITIGATION AND AUTHORIZING THE MAYOR TO EXECUTE A RELEASE. RESOLUTION NO. 72R -356: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SETTLEMENT WITH EDGINGTON OIL COMPANY IN ANTI -TRUST LITIGATION AND AUTHORIZING THE MAYOR TO EXECUTE A RELEASE. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 72R -355 and 72R -356 duly passed and adopted. FINANCIAL SUMMARIES: The City Manager presented for information the City of Anaheim Preliminary Financial Summary for the fiscal year ended June 30, 1972, and the Anaheim Stadium and Convention Center Financial Report for fiscal year 1971 -72. RECESS EXECUTIVE SESSION: At the request of the City Manager, Councilman Pebley moved to recess to executive session for the purpose of discussing litigation and personnel matters. Councilman Stephenson seconded the motion. MOTION CARRIED. (3 :20 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4 :35 P.M.) RESOLUTION NO. 72R -357 ANAHEIM HILLS GOLF PRO: Councilman Sneegas offered Resolution No. 72R -357 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EMPLOYMENT OF DONALD D. WILLIS AS A GOLF PROFESSIONAL TO RENDER SERVICES FOR AND ON BEHALF OF THE CITY AT THE ANAHEIM HILLS GOLF COURSE. Roll Call Vote: The Mayor declared Resolution No. 72R -357 duly passed and adopted. RIVERDALE PARK SITE: The City Manager reported that it appears it would be impos- sible to procure the two required appraisals on the proposed Riverdale park site (authorized at the August 8, 1972 meeting) in time to make application to Housing and Urban Development for this fiscal years Legacy of Parks Program funds by the deadline date of August 23, 1972. He thereupon recommended that the project be abandoned for this year and consideration given at a later date to making application to participate in the next fiscal year program. On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council approved abandonment of this project for this fiscal year as recommended by the City Manager. MOTION CARRIED. 72 -537 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 72 -538 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1:30 P.M. "NO PARKING" REQUEST WEST SIDE OF EAST STREET FROM BALL ROAD NORTHERLY: Request of Richard L. Shlemmer, Director of Industrial Relations, General Automation, Incor- porated, 1055 South East Street, was submitted at the August 1, 1972, meeting for installation of "No Parking" signs on East Street along their property, and con- tinued to August 8, 1972, for further investigation relative to the possibility of installing "No Parking" signs from Ball Road north to Vermont Avenue as sug- gested by Councilman Sneegas, rather than only to 1600 feet north of Ball Road as originally recommended by the City Engineer. At the August 8, 1972 meeting, Councilman Pebley noted that at one time the property owners on the west side of East Street from Ball Road to La Palma Avenue had dedicated additional land to widen the street in order to be assured of off site parking, and the request was deferred to this date for report of the City Engineer. The City Engineer advised that his department had contacted the occu- pants of all of the buildings along the entire west side of East Street from Ball Road north to Vermont Avenue, and had received no objection to the proposed no parking order. He advised that an additional request has been received from Inter- state Electronics to extend the proposed no parking signs another 500 feet, to make a total of 2100 feet, ending just south of Arlee Place. Mr. Maddox stated that he felt imposing the no parking restriction for the requested 2100 feet would increase traffic safety in that area; if the Council wished to extend the restriction to Vermont Avenue, it would be possible, but he had no recommendation to make in that respect. Councilman Pebley, owner of some property on the west side of East Street, stated that at the time the additional land was dedicated for street widening, the property owners were assured in writing that they would retain their off site parking, and he did not feel this now should be taken away from those property owners who object. Councilman Sneegas stated that at the time he suggested extending the no parking restriction to Vermont Avenue, he had not known land had been dedi- cated to assure on street parking and he thereupon withdrew his recommendation. ORDINANCE NO. 3076: Councilman Sneegas offered Ordinance No. 3076 for first reading, imposing no parking restrictions on the west side of East Street from Ball Road to 2100 feet north of Ball Road. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (No Parking At Any Time Streets Designated. East Street, west side, from Ball Road north to 2100 feet) ZONING ACTIONS SANTA ANA CANYON AREA: Mayor Dutton noted recent newspaper articles in the Santa Ana Register and the Los Angeles Times "castigating" the City of Anaheim for its zoning actions in the Northeast Anaheim /Santa Ana Canyon Area, contending that such actions result in increasing the market value of the property. He stated he would like the record to show that when property is annexed to the City of Anaheim, it is brought into the City at the zone that most nearly approximates that placed on the property by the County. Mayor Dutton also referenced a letter dated December 8, 1971, from Supervisor Ralph Clark, wherein he rebuked Anaheim for approving subdivision proposals in the Santa Ana Canyon in the area of the proposed Yorba Regional Park, which he alleged probably never would be constructed because of flood hazards, and thus the action would result in increasing the land values for speculators and boosting the price taxpayers would have to pay for the park acreage. Adjourned: 5:00 P.M. Signed a h Deputy City Clerk 72 539 City Hall, Anaheim, California COUNCIL MINUTES August 15, 1972, 1:30 P.M. He read an excerpt of the City Council minutes of May relative to Orange County lone Case No. ?C70 -9, requesting change 2 of 1 zone from County Al to County RS -5000 on approximately 90 acres of land located south of Esperanza Road, 2,800 feet east of Imperial Highway, and noted that then Councilman Clark had offered the motion, seconded by Councilman Thom, to recommend approval of ZC70 -9 "in the event the Orange County Board of Supervisors does not proceed with the proposed regional park in that area." He added that on November 25, 1970, the Board of Supervisors approved ZC70 -9 for RS -5000, and at the same time approved ?C70 -20 for RS- 5000 zoning for all of the land between Esperanza Road and the Santa Ana River. Mayor Dutton noted that County RS -5000 zoning, residential single family, most closely approximated Anaheim's R -2 5000 zoning. Mayor Dutton noted that, subsequent to this action, the Board of Supervisors removed the funds they had set aside for purchase of the park acreage and placed them in the Harbors and Beaches program, thus indicating Anaheim could proceed with development actions in the area. Mayor Dutton further noted that in July of 1971, when some tenta- tive tract maps were denied by Anaheim as a result of presentations by the Corps of Engineers raising questions on whether a favorable flood hazard letter would be forthcoming, the courts had ordered a rehearing and these tracts subsequently were approved. Councilman Thom contended that the Council action of ZC70 was taken prior to the Corps of Engineers report, and when the City of Anaheim, on the basis of potential flood hazards, had determined only extremely low density should be allowed in that area of the canyon, the County renewed its interest in purchasing property for a regional park. ADJOURNMENT: Councilman Stephenson moved to adjourn; Councilman Pebley seconded the motion. MOTION CARRIED.