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1975/05/2775-481 City Hall~ Anaheim, California - COUNCIL MINUTES - May 27~ 1975~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: Seymour PRESENT: ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, ZONING: Charles Roberts REDEVELOPMENT DIRECTOR: Knowlton Fernald FINANCE DIRECTOR: M. R. Ringer STADIUM-CONVENTION CENTER DIRECTOR: Thomas F. Liegler Mayor Thom called the meeting to order. INVOCATION: Reverend Arthur Harrington of Trinity United Methodist Church gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF CONGRATULATIONS: A resolution congratulating the Fullerton College Center for Creative Retirement on its first Senior Citizens' Invitational Day on campus May 29, 1975, was unanimously adopted by the City Council. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the Minutes of the Regular Meeting of the Anaheim City Council held April 15, 1975, were approved with the following correction to Page No. 75-351 thereof: Add to Paragraph No. 13: "Garry Johnson answered from the rear of the room on behalf of his wife that the statement was untrue; the comment was misinterpreted by Mrs. Bien." Add to the second paragraph from the bottom of the page: "The circulator of the petition admitted many misstatements and exaggerations to obtain signatures." Councilman Seymour absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. Councilman Seymour absent. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $290,430.71 in accordance with the 1974-75 Budget, were approved. SLIDE PRESENTATION - URBAN REDEVELOPMENT PROGRAM: Mayor Thom introduced Mr. Claude Pomeroy, who gave his slide presentation on the function of urban redevelopment, noting that the same program was recently presented to the Redevelopment Commission. He was of the opinion that a large segment of the population do not fully understand how redevelopment works in connection with use of tax increment funds, and there is a need for such a presentation to be made to any community group or organization who are interested. Mayor Thom stated this was one of the most unique methods of communication he had seen, and he was of the opinion that such a presentation could be well used by the City. Councilman Sneegas felt the presentation was excellent, and together with Mayor Thom, invited comments from members of the audience. Mr. Ben Bay, 2148 West Grayson Avenue, addressed the Council suggesting that the outspoken opponents of the Redevelopment Program should be invited to view the presentation and offer comments prior to review by other organizations. He noted that he learned nothing new from the presentation with the exception that it brought to mind some questions regarding items he had read in the news 75-482 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 2,7,~ 1975~ 1:30 P.M. media; for instance, that when tax increment funds are diverted to the Redevelop- ment Agency, and all other taxing agencies lose that tax base, and there is an automatic rise in all other property taxes. Redevelopment Director Knowlton Fernald stated his belief that the presen- tation does a good job in telling a portion of the redevelopment story, and he advised that his staff has been working with Mr. Pomeroy in an attempt to reach an agreement to allow the presentation to be made to the public. Councilwoman Kaywood stated she found the presentation enlightening in that it made clear that ~he assessed'valuation level to the County without redevelopment would continue to decline. It was determined that the Redevelopment staff would continue to work towards an agreement with Mr. Pomeroy for the presentation, and attempt to obtain supplementary comments from the opposition. PROGRESS REPORT - PUBLIC LIABILITY INSURANCE STUDY: Action was taken by the City Council at its regular meeting held May 13, 1975, to instruct the Finance Director and the insurance consultants to submit to the Council specific pro- posals for the City's public liability insurance program, including quotations on options to be included in the recommendations from Bailey, Martin and Fay, Inc., Consultants. Finance Director M. R. Ringer briefed the existing liability policy cover- age, and using slide photographs, illustrated a history of claims honored by the City's insurance carriers, and compared the claim amount with premium payments. He noted that under a self-insured program, the City would not only have had to pay the losses, but would have had to provide legal, investigation, and clerical services. The current liability insurance carrier for the City estimates that the premium for the 1975-76 Fiscal Year will rise from $188,000 to $304,000, and this amount would include a reduction in the insurance company's liability from $500,000 to $300,000 for each occurrence. Although the current carrier indicates they are not interested in writing a policy with a large deductible amount, they would provide for a $5,000 deductible which would reduce the premium by $10,000. Mr. Ringer further reported that as an alternative, the City's insurance agent, Mr. Herb Stabbert, contacted another insurance company who would charge a premium of $140,000, with a deductible of $100,000 under the primary liability insurance; however, they are not interested in writing the City's automobile insurance, therefore, another policy to cover that liability would be necessary in the amount of $66,000 totaling $206,000 for the basic coverage the City now has. Under self-insurance, it is estimated that a minimum of one attorney, one investigator, and one clerical employee would be needed to handle insurance claims, which would amount to an estimated $53,000 including salaries and fringe benefits. Also considered was employment of the services of a claims management firm which would only process the claims at $35 each. However, they would not do any investigative or legal work. Council discussion ensued, and Mr. Ringer advised he would continue investi- gating the possibility that the City may enter a self-insured program. CARROUSEL OF ANAHEIM - 1975: Stadium-Convention Center Director Thomas Liegler advised that the 1975 Carrousel of Anaheim, sponsored by the Anaheim Chamber of Commerce Women's Division, would be held at the Anaheim Convention Center for the eighth consecutive year, May 30 and 31, and June 1, 1975, in conjunction with the Nation's Bicentennial Celebration. He reported that the budget for the event will not exceed $10,000, as stipulated by the City Council. Upon being introduced by Mr. Liegler, Mrs. Norman Salaets, Chairman, thanked the Council and members of the City staff for their cooperation and assistance in coordinating the event, and advised that 64 schools and 50 busi- nesses and organizations are participating this year. 75-483 City Hail, Anaheim, California - COUNCIL MINUTES - May 27, 1975~ 1:30 P.M. Mrs. Eileen Anthony, representing the Women's Division of the Chamber of Commerce, invited everyone to attend the Carrousel and stressed that this annual event was the proud result of cooperation between the citizens and their City government. b~yor Thom thanked Mrs. Salaets and Mrs. Anthony and expressed appreciation for the amount of time spent to make the Carrousel of Anaheim a success. COMMENDATION - ANAHEIM STADIUM STAFF AND CITY POLICE DEPARTMENT: Mayor Thom com- mended the Stadium staff and Police Department, together with other involved departments, for the manner in which' the recent concert at Anaheim Stadium was conducted: noting that there were more than 50,000 persons in attendance. He was of the opinion that careful advanced planning was the key to the success of the concert. Councilwoman Kaywood added her appreciation and commendations to the City staff. The Mayor called attention to the fact that on Friday, May 23, 1975, the Stadium and the Convention Center facilities together produced approximately $135,000 revenue for the City. PUBLIC HEARING - RECLASSIFICATION NO. 74-75-31: Submitted by Clyde C. and Magdalene N. Carpenter, requesting a change in zone from CL to RM-2400 to allow the construction of two duplexes; property located on the north side of Catalpa Drive, east of Euclid Street. The City Planning Commission, pursuant to Resolution No. PC75-88, recom- mended that subject project be exempt from the requirement to prepare an environ- mental impact report, pursuant to the provisions of the California Environmental Quality Act; and further recommended approval of said reclassification, subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Catalpa Drive for tree planting purposes. 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 4. That subject property shall be served by underground utilities. 5. That a six-foot masonry wall shall be constructed along the north and west property lines. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. 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. 8. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. 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, and 3. 10. Prior to the introduction of an ordinance rezoning subject property, Condition No. 1, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 11. That Condition Nos. 2, 4, 5, 6, and 9, above-mentioned, shall be com- plied with prior to final building and zoning inspections. Assistant Development Services Director, Zoning, Charles Roberts noted the location of subject property and the existing uses and zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission. 75-484 City Hall, Anaheim, California - COUNCIL MINUTES - May 277 1975, 1:30 P.M. In response to question by Councilwoman Kaywood, Mr. Roberts reported that no one appeared before the City Planning Commission in opposition to subject reclassification, nor were there any letters of opposition received. Mayor Thom asked if the applicant or his agent was present and was satis- fied with the action taken by the City Planning Commission. Mr. Lynn Thomsen, 710 North Euclid Street, Suite 222, Anaheim, authorized Agent, reported that the Commission's action was satisfactory. Mayor Thom asked if anyone else wished to address the City Council for or against the proposed reclassification; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NO. 75R-264: Councilwoman Kaywood offered Resolution No. 75R-264 for adoption, approving Reclassification No. 74-75-31, authorizing the prepara- tion of the necessary ordinance changing the zone as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (74-75-31 - RM-2400) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-264 duly passed and adopted. TRACT NO. 5778 - REQUESTED AMENDMENT: Request was submitted by Steven H. Sanberg, President, Mark III Financial Corporation, for an amendment to conditions of approval for Tract No. 5778, Condition No. 4 requiring a six-foot high decora- tive masonry wall; tract approved in conjunction with Reclassification No. 72-73-45 and Variance No. 2499 for the development of 76 proposed RS-7200 zoned lots. In accordance with request of the City Engineer, Council consideration of the foregoing request was continued two weeks, June 10, 1975, on motion by Councilman Pebley, seconded by Councilman Sneegas. Councilman Seymour absent. MOTION CARRIED. .REQUEST, WAIVER OF DEDICATION REQUIREMENTS - LA PALMA AVENUE: Communication dated April 22, 1975, was submitted from .Joseph M. Anton, President, Joseph M. Anton Security Investment, Inc., requesting clarification and waiver of dedi- cation requirements along the south side of La Palma Avenue, east of Harbor Boulevard, in connection with building permit for a retail structure on property located at the southeast corner of Harbor Boulevard and La Palma Avenue. Also submitted were reports from the Development Services Department and the City Engineer, recommending that dedication of 53 feet be made from the centerline of La Palma Avenue, and 10 feet from the centerline of the alley bordering the property, consistent with the Circulation Element of the Anaheim General Plan and with City policies concerning public alleys. Mr. Joseph M. Anton was invited to address the Council, and stated that if he dedicated an additional 20½ feet along La Palma Avenue, the remaining parcel would be too small for the proposed store building. He noted that it was necessary to give consideration to preserving a tree on the property as required by the City, and that if the street is ultimately widened to the full 53 feet from centerline, a number of homes and a doctor's office will be affected. 75-485 City Ha~l_~ Anaheim, California - COUNCIL MINUTES - May 27~ 1975, 1:30 P.M. Reference was made to the reports from the City Engineer and the Develop- ment Services Department, wherein it was noted that General Plan Amendment No. 74 was adopted by the City Council December 13, 1966, by Resolution No. 66R-773, amending the Circulation Element of the General Plan by changing La Palma Avenue between Harbor and Anaheim Boulevards to a primary arterial highway. Councilman Sneegas inquired whether it would be possible for the developer to utilize for parking purposes that portion of the property within the ultimate right-of-way until such time as street widening occurs. i-ir. Roberts pointed out that this might be an alternative, pending ultimate widening of the street; however any structure should be o£ a size which would allow sufficient parking area on the remaining portion of the property, in accordance with requirements of the Anaheim Municipal Code. In response to Council questioning, City Engineer James Maddox reported that there is no time specified for the projected widening of La Palma Avenue, and immediate plans to do so; the amendment to the General Plan was adopted in 1966 to provide for right-of-way acquisition in the event widening becomes necessary at some future date. He pointed out that regardless of the ultimately selected alignment, a 53-foot dedication would be required at the corner in question. He further reported that there is no parking at the southeast corner of Harbor Boulevard and La Palma Avenue, and no parking on the south side of La Palma Avenue from Harbor Boulevard to Lemon Street. Discussion was held by the City Council, and Councilman Sneegas remarked that although he believed the street would have to be widened eventually, it might be 20 years or more in the future, and he failed to see the justification for requiring the owner to construct a smaller structure than desired, and to pave and maintain excess area. Councilwoman Kaywood was of the opinion that the dedication of the ultimate right-of-way should be required and the building constructed on that portion of the property which is not within the right-of-way; the future street area could then be utilized for parking purposes. Plot plan of the proposed construction of a retail market bUilding was reviewed at the Council table, and it was noted that even though the building would be located more than 20 feet from the existing right-of-way, a variance might be necessary to allow waiver of required front setback from the ultimate right-of-way line. It was further noted that an additional two and one-half-foot dedication for the alley along the east side of the property would be necessary, making a total of ten feet from the centerline of said alley. At the conclusion of the discussion, Councilman Pebley moved that the sub- mission of an easement deed be authorized for conditional dedication of a strip of land 53 feet in width from the centerline of the street along La Palma Avenue, conditioned upon the need and demand by the City in lieu of actually requiring dedication at this time, and further, directed that the owner work together with the Development Services Department staff on plans for the pro- posed structure to determine whether a variance may be needed pertaining to setback requirements from La Palma Avenue and the alley along the east side of the property. Councilwoman Kaywood seconded the motion. Councilman Seymour absent. MOTION CARRIED. REQUEST - WAIVER OF DELINQUENT PENALTY - ROOM OCCUPANCY TAX: Communications dated April 15, and May 1, 1975, were submitted by Christine Romero, Secretary, Anaheim Village Inns, requesting waiver of penalty for delinquent payments of room occupancy taxes due in March and received April 4, 1975, pertaining to the Anaheim Village Inn, the Casa Cordova, Casa Valencia, and the Casa Monterey. Ms. Romero was invited to address the Council and stated that the payments were mailed on the due date, as has been her procedure for over a year, but were not received in time in the Office of the License Collector. She advised this was the first time the payments were late and she has made arrangements to obtain necessary information from her accountant earlier in the month hereafter, to allow mailing of the taxes before the end of the month. She thereupon requested that the penalty fee be waived, based on her past record. ~ttention was called to c:ommunicatt, ic;ns re~eived from the United States Post Office in Anaheim indicating that hot~l letters containing tax payments were postmarked and processed on April 3, 1975, and although the Anaheim Village Inns p;~><:~tal meter reflected a }~arcb 31, ]_975 date, when the post office receives such metered mail on a different date from that indicated by the company meter, said mail is again metered at the post office with the date they are received. At the conclusion of brief discussion, Councilman Thom moved that request for waiver of penalty for delJ. nquent payment of room tax be denied. Councilman 5neegas seconded the motion. Cot~ncilman Seymour absent. MOTION CARRIED. STUDY - CIiY COPYING REQUIREMENTS: Pursuant vo direction by the City Council at the regular meeting held May 20, 1975, requesting that more specific information regarding specifications for the City'a~ copying needs be provided the A. B. Dick Company, Administrative Assistant John Harding reported on meeting held with the manager of said company, advising they request permission to conduct an in- depth study of the copying needs a.t no cost to the City, which will take approxi- mate].y 30 days. Such a study would be useft~] for comparison with the staff report which will be distributed in the near future on the recommendations of Arthur Young & Company regarding City duplicating activities. He suggested that if the City Council authorizes the study, other copying equipment vendors should be given an opportunity to make similar studies. By general consent c',i~ the (;i_t.y Council, Mr. tiarding was instructed to advise the A. B. Dick Co~npany ~hat their pr<)posal to conduct the study with no charge to the City is approved, and fu~-ther, tc~ notify other vendors as sug- gested. lin response to question by Councilwoman Kaywood regarding the type and quality of copying paper ~sed, Mr. H~rdi. ng reported that regular bond paper copying machines would be retained in some locations, however, in other areas, electrostatic paper copying machines are being recommended, which could save an estimated $10,000 per year in one !ocation a.lone. RESOLUTION NO. 75R-265: On the rec'ommendations of the City Manager, Councilman Thom offered Resolution No. 75R-2()5 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF ~.PH~ CiTY OF ANAHEIM EXPRESSING ITS DESIRE TO CONTINUE IN THE DEVELOPMENT OF A GEO-(',ODt..]!~ DATA BASE IN COOPERATION WITH CERTAIN CITIES AND TO ACQUIRE CERTAIN FEDERAL FUNDS THEREFOR. Roil Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebiey, gneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The M~yor declared Resolution No. 75R-265 duly passed and adopted. PROPOSED PURCHASE OF CITY-OWNED PROPERTY - CARDINAL PROPERTIES: Offer by Cardinal Properties to purchase City-owned lot located on the west side of Euclid Street, north of Crescent Avenue, was discussed at the meetings of April 22, and May 20, 1975, at which time Cardinal Properties offered to pay $52,500 for the parcel, and the City Manager was instructed to make a counter offer in the amount of $75,000. Mr. Ray Boland, 4010 East Chapman Avenue, Orange, Agent for Cardinal Prop- erties, introduced Mr. Charles W. Unsworth, Attorney representing Harold Sewell, owner of property adjacent on the north of subject property and proposed pur- chaser of subject parcel, who requested that the City Council reconsider the $75,000 offer. He advised that they had entered into a lease transaction wi~h the Heritage Banking organization, which would require the construction of a 13,000-square foot facility for lease to the bank; subsequent discussions had resulted in a proposal for a larger three story building to be constructed on two parcels, with architectural and aesthetic qualities not available in a smaller facility, and which would include office space for lease. He was of 75-487 City Hall, Anaheim~ California - COUNCIL MINUTES - May 27~ 1975, 1:30 P.M. the opinion that the recent appraisal at $3.16 per square foot was high for the land; that the property was actually worth approximately $30,000 total, and they had originally expected to purchase the parcel for less than the appraised amount. The $52,500 previously offered by Cardinal Properties would place them in a position where they might make little or no profit on the project, and he noted that the appraisal indicates the value of the property has been reduced somewhat since it was purchased by the City at $91,410. In answer to question by Councilman Pebley, Mr. Unsworth stated that the larger building proposed would contain a total of 26,000 square feet. He explained that the bank would use the ground floor of the new building, and they woula also retain the rights to the remaining office space at a specified figure. The purchase amount they are offering is based on the appraisal, with which he did not fully agree. l~ayor Thom called attention to the fact that the appraisal has not yet been accepted by the City of Anaheim and was of the opinion that inasmuch as the City paid over $90,000 for the property, to sell it for $52,500 would constitute a favor being granted to the buyer by the City government, and a loss to the taxpayers in the amount of approximately $40,000. Councilwoman Kaywood noted that the City paid the $91,410 price for the property on the basis of an appraised valuation at that time. Mr. Unsworth was of the opinion that the loss has already been experienced, in that the property is no longer worth the price the City paid. Mr. Harding pointed out that the owner was not anxious to sell the property at that time and originally asked $6 per square foot. In answer to Councilman Sneegas, Mr. Unsworth advised that the total project cost for the 13,000-square foot facility on property presently owned bY Mr. Sewell would amount to approximately $650,000, whereas the cost for the larger facility including the property owned by the City would amount to approxi- mately $1,000,000, constituting an estimated $400,000 difference. He again pointed out that the architecture and aesthetics of the facility would be greatly improved if the larger structure were constructed and noted that the architect has devoted a great deal of time to the design of the larger facility. Responding to Council comments relative to the possible development of apartments on the City-owned lot, Mr. Herbert Nadel, Architect, 16250 Ventura Boulevard, Encino, advised that from an architectural standpoint, apartment development on the property in question would not be feasible; that the property faces a major street and the 60-foot width of the lot would cause a problem for access, and there would be a lack of sufficient space to meet parking require- ments. He reported that the bank and those who lease office space would pay $.60 per square foot for space, and if the original investment must be increased $40,000 to meet the City's asking price, the project would not be feasible. Councilman Sneegas inquired whether the proposed home office of the bank would pay property taxes. City Attorney Watts counseled that a check with the Office of the Orange County Assessor revealed that the tax exemption to bank home offices pertains only to personal property taxes and not to real estate taxes, which would have to be paid. Mr. Boland returned to the microphone to advise that in 1969, oil companies and franchise companies were purchasing a great deal of land for their opera- tiops which tended to inflate the prices of prime corners; whereas today, a decline back to realistic prices is being experienced. During the discussion which followed, Mayor Thom noted he would like to- have the benefit of input from Councilman Seymour, who was absent, and who recently purchased a parcel of property on Euclid Street. Mr. Unsworth advised that additional delay could cause a problem, as the banking corporation hoped to be in business on the property by July 1, 1975. 75-488 City Hail, Anaheim, California - COUNCIL MINUTES - May 27, 1975~ 1:30 P.M. At the conclusion of the discussion, in view of the fact that a minimum of $5,000 in real estate taxes would be coming into the County each year if the property is developed as proposed, Councilman Sneegas moved that the City Council reduce its asking price to $62,500 net to the City. Councilman Pebley seconded the motion. Councilman Seymour absent. MOTION CARRIED. In response to questions by Mr. Unsworth on behalf of Mr. Sewell, Mr. Watts advised that escrow and title clearance could be handled through the City Attorney's Office and that the offer authorized by the foregoing motion was valid for a period of seven days. RECESS: Councilwoman Kaywood moved for a five-minute recess. Councilman Thom seconded the motion. Councilman Seymour absent. MOTION CARRIED. (4:00 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Members of the City Council being present with the exception of Councilman Seymour. (4:05 P.M.) RESOLUTION NO. 75R-266 - ENCROACHMENT PERMIT NO. 74-22E: Councilman Sneegas offered Resolution No. 75R-266 for adoption, approving Encroachment Permit No. 74-22E, to encroach under and across the public alley for the installation and maintenance of a proposed electrical service connection, to provide power to the proposed installation of drive-through banking facilities and to cover the existing pneumatic tube presently under and across said alley (north of northeast corner of Claudina and Lincoln Avenue), subject to the three conditions recom- mended by the Electrical Superintendent in his memo dated May 22, 1975. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH EL CAMINO BANK (74-22E). Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Pebley ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-266 duly passed and adopted. ESTABLISHMENT OF DIRECTIONAL SIGN POLICY: The City's Development Services Depart- ment, pursuant to action taken by the City Council at their regular meeting held May 20, 1975, drafted a policy regulating the temporary display of flags and banners in connection with the sale of new homes. On motion by Councilman Pebley, seconded by Councilman Sneegas, Council Policy No. 541 was adopted, as drafted. To this motion, Councilman Thom voted "no". Councilman Seymour absent. MOTION CARRIED. City Attorney Alan Watts suggested that the City Council adopt an ordinance amending the City's sign ordinance to add a section providing for temporary display of flags and banners, as permitted by Council Policy No. 541. He was of the opinion that the new policy is at variance with the sign ordinance as written, and he foresaw a possible problem in the future if a complaint is received that the sign ordinance is being violated in connection with the sale of homes. Councilman Pebley left the Council Chamber. (4:15 P.M.) Councilwoman Kaywood stated she would not have agreed to the adoption of the new policy if she had thought the ordinance would need amendment. She was of the opinion that with the policy as written, limiting flags to two per model home with a maximum of ten to any one complex to be displayed on Saturdays, Sundays, and holidays only, there would be no objections by property owners. Councilman Pebley returned to the Council Chamber. (4:16 P.M.) The City Council took no further action. 75-489 City Hail, Anaheim, California - COUNCIL MINUTES - May. 27, 1975~ 1:30 P.M. '~UTINGS - COUNCILWOMAN KAYWOOD AND COUNCILMAN SEYMOUR: Councilwoman Kaywood advised that she and Councilman Seymour had attended two meetings with builders, developers, and representatives of sign companies to discuss various problems and hear suggestions. Subsequently, they received in the mail minutes of the An~heim Advancement Council wherein various listed items were alleged to have been agreed upon by the two Council Members. She thereupon made it clear that no agreement was made nor implied at either meeting she attended, and all who received the aforementioned minutes should be made aware of that fact. RESOLUTION NO. 75R-267' On the recommendations of the City Attorney, Councilman Sneegas offered Resolution No. 75R-267 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LEASE OF REAL PROPERTY FROM THE PLACENTIA UNIFIED SCHOOL DISTRICT FOR PARK PURPOSES AT RIO VISTA SCHOOL; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID LEASE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-267 duly passed and adopted. RESOLUTION NO. 75R-268 - AWARD OF WORK ORDER NO. 751: Councilwoman Kaywood offered Resolution No. 75R-268 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO- POSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: ~HE RIO VISTA PARK IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 851. (Jacco Construc- tion Company - $69,243.57) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-268 duly passed and adopted. UP-DATE - AMENDMENT TO CITY EMPLOYEES' RETIREMENT CONTRACT DE-POOLING MISCELLANEOUS MEMBER PORTION: The City Attorney reported that regarding the unused sick leave credit benefit, as discussed May 13, 1975, he was of the opinion that the best method of resolving the controversy pertaining to the statute on sick leave would be to file an action against the Public Employees' Retirement System. Councilman Pebley moved that the City Attorney be authorized to take necessary steps to commence litigation to obtain the judicial declaration as to the interpretation of Section 2862.8 of the Government Code. Councilman Thom seconded the motion. To this motion, Councilman Sneegas voted "no". Councilman Seymour absent. MOTION CARRIED. CANCELLATION OF COUNTY TAXES: On motion by Councilman Sneegas, seconded by Councilman Pebley, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for municipal purposes, pursuant to Resolution No. 75R-155, formerly assessed to Wittenberg- National Company, deed recorded May 6, 1975, as Document No. 4415 in Book No. 1139, at Page No. 1136, Official Records of Orange County, California. Councilman Seymour absent. MOTION CARRIED. 75-490 City Hall, Anaheim, California - COUNCIL MINUTES - ~y 27~ 1975, 1:30 P.M. RESOLUTION NO. 75R-269: On report and recommendation of the City Engineer, Councilman Sneegas offered Resolution No. 75R-269 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 75R-246 FOR THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF LAKEVIEW AVENUE AND ORANGETHORPE AVENUE, WORK ORDER NO. 749-B. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT~ COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-269 duly passed and adopted. RESOLUTION NO. 75R-270: Councilman Pebley offered Resolution No. 75R-270 for adoption. Re{er to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931. (1969-1-B) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-270 duly passed and adopted. RESOLUTION NO. 75R-271: Councilman Pebley offered Resolution No. 75R-271 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE, REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (July 1, 1975, 2:30 P.M.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Snee§as and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-271 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Pebley, seconded by Councilman Sneegas, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. AMUSEMENT DEVICES PERMITS: The following permits were granted, subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for assorted pinball, video and arcade type machines to be located at the Red Baron, 1211 South Western Avenue. (James R. Uhler, Alpha-V, Inc., Applicant.) b. Amusement Devices Permit for various coin operated devices (11) at Home Run Park, 711 South Beach Boulevard. (George H. Duensing, Music Systems Enterprises, Inc., Applicant.) 75-491 City Hall~ Anaheim, California - COUNCIL MINUTES - May 27, 1975, 1'30 P.M. -~. CORRESPONDENCE: The fo[lowing correspondence was ordered received and filed- a. Airport Land Use Commission for Orange County - Minutes - May 1, 1975. b. Before the Public Utilities Commission - Notice of Hearing - Application of Valen Parking Management Inc., dba The Town Tour (Funbus) Co., for Certificate of Public Convenience and Necessity to operate motor vehicle passenger stage serv~.~e (described as the Fun Bus Sports Flyer) between Orange and Los Angeles Counties, State of California. c. Intergovernmental Coordinating Council of Orange County; ~eal Beach Resolution Nos. '2428 and 2429 ~a Habra Resolution No. 2437 Los Alamitos Resolution Nos. 745, 746, 747, and 748 Huntington Beach Resolution No. 4074 Anaheim Resolution No. 75R-226 Santa Ana Resolution Nos. 75-38 and 75-55 d. City of Riverside - Resolution No. 12571 - Supporting the Development of Nuclear Energy in California. e. Anaheim Park and Recreation Commission - Minutes - April 17, 1975. f. Financial and Operating Reports for the month of April, 1975 for the Po.l~ce Department and the City Treasurer's Office. g. Orange County Mosquito Abatement District - Annual Report, 1974. h. Before the Public Utilities Commission - Investigation on the Commis- sion's own motion regarding the investment credit provisions of the 1975 Tax Reduction Act. Councilman Seymour absent. MOTION CARRIED. RESOLUTION NOS. 75R-272 AND 75R-273: Councilman Sneegas offered Resolution Nos. 75R-272 and 75R-273 for adoption, in accordance with the reports, recommendations and certifications furnished each Council Members and as listed on the Consent Calendar Agenda: Refer to Resolution Book. RESOLUTION NO. 75R-272 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Sachiko Nishino, et al.; George J. Heltzer; George J. tteltzer; Anaheim School District of Orange County, California; Esther Viljak) RESOLUTION NO. 75R-273 - WORK ORDER NO. 1009: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC2'ION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: POLICE FACILITIES FENCE, 425 SOUTH HARBOR BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1009; 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 - June 26, 1975, 2:00 P.M.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution Nos. 75R-272 and 75R-273 duly passed and adopted. PURCHASE OF EQUIPMENT - TRIPLEX MOWER: Administrative Assistant John Harding reported on informal bids received for the purchase of an 84-inch Triplex Mower and recommended acceptance of the low bid from B. Hayman Company, Santa Fe . Springs, in the amount of $3,310.38, including tax. On motion by Coucilman Pebley, seconded by Councilman Sneegas, the low bid of B. Hayman Company was accepted and purchase authorized in the amount of $3,310.38, including tax. Councilman Seymour absent. MOTION cARRIED. 75-492 City Hail~ Anaheim~ California - COUNCIL MINUTES - May 27, 1975~ 1:30 P.M. ORDINANCE NO. 3428: Councilman Thom offered Ordinance No. 3428 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywoo~, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3428 duly passed and adopted. ORDINANCE NO. 3429: Councilwoman Kaywood offered Ordinance No. 3429 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.272 RELATING TO PARKING DURING SCHOOL HOURS RESTRICTED. (Chanticleer Road both sides from west property line of Loara High School to Hacienda Street) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3429 duly passed and adopted. ORDINANCE NO. 3430: Councilman Pebley offered Ordinance No. 3430 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 3.24, SECTION 3.24.060 RELATING TO AMUSEMENT DEVICES~ LICENSE FEES-TERM OF LICENSE. Roll Call Vote: AYES: COUNCIL MEMBERS: Pebley and Thom NOES: COUNCIL MEMBERS: Kaywood ABSTAINED: COUNCIL MEMBERS: Sneegas ABSENT: COUNCIL MEMBERS: Seymour Adoption of Ordinance No. 3430 was deferred one week, June 3, 1975, for a fuji Council. ORDINANCE NO. 3431: Councilman Thom offered Ordinance No. 3431 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-62 - RS-5000, Portion A; RM-2400, Portion B) Roll Call Vote: AYES: COUNCIL MEMBERS: Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3431 duly passed and adopted. ORDINANCE NOS. 3432 THROUGH 3434: Councilman Pebley offered Ordinance Nos. 3432 through 3434, both inclusive, for adoption. Refer to Ordinance Book. 75-493 Ci[_~_[_l., Anaheim~ California - COUNCIL MINUTES - Ma7 27~. 1975, 1:30 P.M. ORDIb4ANCE NO. 34~,~: AN ORDINANCE OF THE CITY OF ANAHEIM AbIENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING 'FO ZONING. (71-72-2 (2) - RS-A-43,000) ORDINANCE NO. 3433: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-94 (1) - ~XfL) ORDINANCE NO. 3434: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE A2qAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-24 - CL) PROPOSED REGULATION OF SWIM>lING POOLS: Cc~uncilwoman Kaywood reported she had submitted to u~.e City Attorney copy of an ~rdinance proposed by the Orange County Mosqui .... > ,~5atement District f~r adoption by the City of Anaheim, regulat- ing swimming pools, SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS APPOINTMENT: Councilwoman Kaywood announced that she had been appointed a member of the SCAG Transportation and Utilities Committee for 1975-76, formerly the Comprehensive Transportation Planning Committee. EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session. Councilman Thom seconded th~~ m~t~n, MOTION CARRIED. (4:31 P.M.) AFTER RECESS: Mayor Thom called the meeting to order at 5:07 P.M., all Members of the City C~.~cil b~ing present with the exception of Councilman Seymour. ORA~NGE COUNTY ~,.'IOSQUITO A];ATEME:,4T i)iS'£!:llCT F~OARD APPOINTMENT: On motion by Councilwoman Kaywood, seconded by Councilman Thom, ,Josephine Moretti was appointed to the Orange County Mosquito Abatement District Board to fill the unexpired term of Mrs. Marjorie Fisk, term expiring December 31, 1975. Councilman Seymour absent. MOTION CARRIED. ADJOURNMENT: Councilman Pebiey moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5:08 P.M. ~Deputy City C~-~rk