1975/07/01City Hall~ Anaheim, California - COUNCIL MINUTES - July 1,. 1975, 1~30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT' COUNCIL MEMBERS' Kaywood, Seymour, Sneegas and Thom
ABSENT: COUNCIL MEMBERS: Pebley
PRESENT: CITY MANAGER: Keith A. Murdoch
ADMINISTRATIVE ASSISTANT: John Harding
CITY CLERK: Alona M. Hougard
ASSISTANT CITY ATTORNEY: William Hopkins
STADIUM/CONVENTION CENTER DIRECTOR: Tom Liegler
PERSONNEL DIRECTOR: Garry O. Mc~me
DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson
DATA PROCE$§ING MANAGER: Keith Parkyn
ASSISTANT DEVELOPMENT SERVICES DIRECTOR-PLANNING: Don McDaniel
MANFOWER COORDINATOR: William Hepburn
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
FLAG SALUTE: Councilman John Seymour led the Assembly in the Pledge of
Allegiance to the Flag.
RESOLUTION OF COMMENDATION - MELBOURNE A. GAUER: The following Resolution of
Commendation was unanimously adopted by the City Council.
"WHEREAS, MELBOURNE A. GAUER, for more than four decades, has
served with dedication and distinction as a member of this City's
Planning Commission and Parks and Recreation Commission; and
WHEREAS, Mr. Gauer's efforts through the years have been
characterized by foresight, wisdom and courage of conviction; and
WHEREAS, it is recognized that it has been through the assiduous
efforts of Mr. Gauer and others who have served with him during these
formative years of Anaheim's history, that our City has achieved
world leadership in its many areas of endeavor.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Anaheim City
Council, in recognition of the long and faithful service of
MR. MELBOURNE A. GAUER, and in gratitude for his countless hours
of arduous labor, does hereby commend this outstanding civic leader,
and conveys its best wishes to Mr. Gauer and his lovely wife, Olive,
for a long, happy and rewarding retirement.
AUTHORIZED by the Anaheim City Council this 1st day of July, 1975.
ATTEST:
/s/ Aloha M.. Hou~ard
CITY CLERK, CITY OF ANAHEIM
/s/ W. J. Bill Thom
W. J. BILL THOM, MAYOR
/s/ John Seymour
JOHN SEYMOUR, MAYOR PRO TEM
/s/ Miriam Kaywood
MIRIAM KAYWOOD, COUNCILWOMAN
/s/ Calvin L. Peble¥
CALVIN L. PEBLEY, COUNCILMAN
/s/ Ralph G. Sneegas
RALPH G. SNEEGAS, COUNCILMAN"
MINUTES: Minutes of the Anaheim City Council Regular Meetings held May 13,
May 20 and May 27, 1975 and Adjourned Regular Meeting held May 13, 1975
were approved as corrected (typographical corrections) on motion by
Councilwoman Kaywood, seconded by Councilman Seymour. MOTION CARRIED.
75-596
City Hall, Anaheim, California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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 Seymour seconded the
motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $529,483.12 in accordance with the 1974-75 Budget, were approved.
RECESS - EXECUTIVE SESSION: On request of the City Attorney's Office, Councilman
Seymour moved to recess to Executive Session. Councilman Thom seconded the
motion. MOTION CARRIED. (1:44 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members
being present with the exception o£ Council Members Kaywood and Febley.
(2:15 P.M.)
MONTHLY STATUS REPORT - ARTHUR YOUNG & COMPANY: Mr. Jim LeSieur presented the
Status Report on work completed by the Arthur Young & company during the month
of June 1975. He indicated that the engagement in the Utilities Department was
completed and report presented to Council June 10, 1975; audit reviews completed
with written reports and various stages of progress for the Police Department,
Fire Department, Disaster Services, Library and Mechanical Maintenance Division;
the management audits for the Stadium and Convention Center are progressing on
schedule; a draft report on the results of the audit for the Golf Courses will
be completed early next week; and the results of a review of the status of
implementation of the major recommendations to date were presented to Council
on June 24, 1975.
Councilwoman Kaywood entered the Council Chamber. (2:20 P.M.)
Engagement plans were submitted for two new projects: Audit of City's
financial statements for the year ending June 30, 1975 (Attachment A), and
installation of a work measurement program for the park maintenance activities
(Attachment B). He advised that the Director of Parks, Recreation and the Arts,
concurs with engagement plans for the work measurement program for park main-
tenance. The total costs of contract services for implementation and installa-
tion of this Program are estimated not to exceed $30,000. Mr. LeSieur requested
that if the plan is acceptable, Arthur Young & Company be authorized to prepare
a contract for the Work Measurement Program for review and approval by the City
Attorney.
Mr. LeSieur recalled that at the time of presentation of the six-month
interim report on the Financial and Management Practices Audit, it was reported
to be on schedule and completion is anticipated within the time span originally
set forth in the contract. At that time it was also pointed out.that Arthur
Young & Company fees are running higher than initially estimated for two reasons:
1) Some areas required additional consultant's time to obtain necessary
information:
2) The need for utilization of more highly experienced people at higher
consulting rates.
Mr. LeSieur stated that a schedule of additional costs has been prepared
and reviewed with the Audit Steering Committee and is appended to this status
report as Attachment "C". The estimated additional cost to conduct a thorough
review of the remaining areas of City operations is $55,000 and Mr. LeSieur
requested that Council consider amending the present contract to increase the
limit from $292,000 to an amount not to exceed $347,000.
Mayor Thom inquired whether the additional $55,000 for completion of the
Arthur Young & Company audit was anticipated and budgeted, to which Mr. Harding
replied affirmatively.
75-597
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
Mayor Thom noted, in reviewing the dates shown on the schedule for the
Financial Audit, Year Ending June 30, 1975, that portions of this work have
already been completed. Mr. LeSieur replied that the project has been on-going
but the City has not yet been billed for this work.
Councilman Thom moved that the monthly status report for June 1975 be
accepted; that the engagement plans submitted as Attachments "A" and "B" -
for Audit of Financial Statements for the Year Ending June 30, 1975, and for
the Installation and Implementation of Work Measurement Program, Parks
Maintenance Division, be approved; and that an increase in the overall con-
tractual amount in the Agreement with Arthur Young & Company from $292,000 to
$347,000 be authorized. Councilman Seymour seconded the motion. Councilman
Pebley absent. MOTION CARRIED.
CONSULTANT SERVICES - ARTHUR YOUNG & COMPANY - ESTABLISHMENT OF pAY POLICY AND
SALARY SURVEY TECHNIQUES: Mr. Garry McRae reported on a recommended proposal
to employ Arthur Young & Company to assist the City Personnel Department in
the development of a pay policy and salary survey technique, with the following
objectives:
1) Identify and define actual labor markets.
2) Supervise the collection of data of benchmark positions from
identified labor markets.
3) Recommend a pay policy for the City of Anaheim.
Mr. McRae advised that the proposed schedule indicates completion of the
project by August 19, 1975. The cost would range from $17,000 to $20,000 plus
expenses, with a limit of $20,000 on the consulting services portion of the
agreement.
Mayor Thom questioned whether a written formal agreement had been pre-
pared and Mr. LeSieur replied that he would formulate a work engagement plan
similar in format to those submitted for Council approval for management audit
and other reviews conducted by his firm.
Councilman Seymour moved that the proposal to employ Arthur Young & Company
to assist in establishment of pay policy and salary review techniques be ap-
proved in concept as outlined and recommended by the Personnel Director, with
formal engagement plan to be prepared by Arthur Young & Company and presented
for Council approval in one week. Councilman Thom seconded the motion.
Councilman Pebley absent. MOTION CARRIED.
RESOLUTION NO. 75R-324 - AUTHORIZING SALE OF TAX ANTICIPATION NOTES: Mr. M.
Ringer, Finance Director, reported on the recommendation from G. E. Stewart,
City Treasurer, that Revenue Anticipation Notes in the amount of $5,000,000 be
sold at an interest rate of 4.21% per annum for a period of 365 days, said
Notes to be issued in denominations of Nos. 1-30 at $100,000 each and Nos.
31-70 at $50,000 each. He advised that the successful low bidder for these
notes was the United California Bank.
RESOLUTION NO. 75R-324: On report and recommendation of the Finance Director
and City Treasurer, Councilman Seymour offered Resolution No. 75R-324 for
adoption, authorizin~ the sale of Tax Anticipation Notes as proposed.
Refer to Resolution Book
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE
BORROWING OF FUNDS FOR THE 1975-1976 FISCAL YEAR AND THE ISSUANCE AND SALE
OF GENERAL OBLIGATION NOTES THEREFOR.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-324 duly passed and adopted.
75-598
City Hall, Anaheim, California - COUNCIL MINUTES - July 1~ 1975; 1:30 P.M.
1974-75 BUDGET TRANSFER - SALARIES: Mr. M. Ringer reported on a recommended
budget transfer from over-budgeted Public Works and Electrical salary accounts
to account nos. 100-313, Police salaries, and 100-207, City Attorney salaries,
in the amounts of $230,000 and $10,000 respectively, to provide for salaries
in these accounts which were under-budgeted. He noted that this action should
be authorized by the Council in order that departments not exceed their 1974-75
Budget which is prohibited in the City Charter. He reported that these transfers
do not represent overexpenditure of budget by Police and City Attorney, but
rather an adjustment for salary increases approved during the Fiscal Year 1974-75.
He reported that a review of all salaries budgeted for that fiscal year indicates
the City will be within the total Budget.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council authorized a transfer from Public Works (Account Nos. 100-452,
100-427 and 100-454) and Electrical (Account Nos. 320-526, 320-516 and 380-273)
to Account No. 100-313, Police, in the amount of $230,000 and 100-207, City
Attorney, in the amount of $10,000. Councilman Pebley absent. MOTION CARRIED.
1974-75 BUDGET TRANSFER - STREET LIGHTING: Mr. M. Ringer requested that the
Council consider authorizing a transfer in the 1974-75 Budget - Street Lighting
appropriations from the Electrical fund in the amount of $110,000 to be reallo-
cated to the General fund, $85,000 towards electricity and $25,000 towards
salaries.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
transfer in 1974-75 Budget from Electrical fund to General fund in the amount
of $110,000, as recommended by the Finance Director, was authorized. Councilman
Pebley absent. MOTION CARRIED.
MANPOWER SERVICES CENTER - EXTENSION OF AGREEMENT - NORTH ORANGE COUNTY COMMUNITY
COLLEGE DISTRICT: Mr. William Hepburn, Manpower Coordinator, presented a fact
sheet summarizing the operation at the Manpower Services Center, which
opened December 10, 1974. He reported that an operating budget of $101,000
for the Center has been proposed for the coming fiscal year, $56,110 of which
would be paid to North Orange County Community College District for vocational
guidance and counseling services at the Center. He stated that a Resolution
and Agreement have been prepared to that effect, the term of said agreement
expiring June 30, 1976.
In response to Councilwoman Kaywood, Mr. Hepburn related that the activity
level at the Center is higher than was anticipated; that the demands exceed
the resources, but to the extent that funds are available, and the program has
been working very well.
In discussion of the fact sheet summ~_rizing the activity levels for the
Center through June 30, 1975, Councilman Seymour noted that less than 10% of
the total intake were placed in jobs and a performance objective of 15% is
projected for the coming year. He observed in addition, that the performance
objective figure for the coming year combines those placed in jobs together
with those placed in training and would appear, therefore, to be at the same
or lower level when compared with this year's figures for the 7-month period
beginning December 10, 1974, which shows 74 placed in jobs and 151 placed in
training. Councilman Seymour inquired how this goal compares with what is
being achieved by the County and other communities in similar programs.
Mr. Hepburn explained that the figures shown do not accurately reflect
the services provided, inasmuch as the Center is restricted by the County to
quoting information only on economically disadvantaged persons. In addition
they do not count those individuals placed immediately into training and than
into jobs. He indicated that he could not compare his figures with other
cities because they collect different information and do not account for
services provided in the same manner. There has not been established County-
wide a standard procedure for collection and collation of this data.
75-599
City Hall, Anaheim, California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
In reference to the Manpower Service Center fact sheet submitted,
Councilman geymour stated that he is certain it was meant to be a meaningful
report, but it does not tell him either where th~ Canter has bean in terms o~
activity nor what goal they have set for the coming year. He mtated that he
would like to see some type of method to measure the performance of the
activities at the Manpower Services Center or he could not vote in favor of
approving the program.
Mr. Hepburn advised that the Orange County Manpower Commission establishes
the rulem whereby this type of data is collected and how it is processed, and
the current form prescribed by the County has to be hand counted.
Councilman geymour suggested that the Manpower Coordinator and his staff
develop a plan to effectively measure the performance levels of their program
and not wait for such a system to be forthcoming from the County Manpower
Commission.
Mr. Hepburn agreed to drafting performance measurement plan and present
same to the City Council in one week, but cautioned that to implement such a
program would probably necessitate that the Council approve a supplementary
budget for the Manpower Services Center.
RESOLUTION NO. 75R-325: Councilman Seymour offered Resolution No. 75R-325
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 OF ANAHEIM AND
THE NORTH ORANGE COUNTY COMMIFNITY COLLEGE DISTRICT RELATING TO VOCATIONAL
GUIDANCE AND COUNSELING SERVICES.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-325 duly passed and adopted.
CONTINUED DECISION - GENERAL PLAN AMENDMENT NO. 135: To consider an amendment
to the circulation element - highway rights of way and arterial streets and
highways map of the Anaheim General Plan to realign and/or reclassify Meats
Avenue/Lakeview Avenue and Via Escollo, and to delete portions of Eucalyptus
Drive and Coal Canyon Road and to establish Monte Vista Drive.
Public hearing on said General Plan Amendment was held at the meeting of
January 28, 1975 and decision continued to April 1, 1975 to allow time for
joint committee meetings with the cities of Orange and Villa Park and the
County of Orange. The matter was further continued from the meeting of
April 1, 1975 to this date, to allow staff to prepare a aomprehensive re-
evaluation of circulation in the canyon area to be reviewed by the Canyon
Area General Planning Task Force and the City Planning Commission.
The City Clerk advised that it is recommended by Development Services
Department and the City Engineer that decision on General Plan Amendment No. 135
be further continued for an additional 60 days, inasmuch as the proposal is
currently being considered by the the Canyon Area General Planning Task Force
and yet to be reviewed by the Planning Commission.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour,
decision on General Plan Amendment No. 135 was continued to the meeting of
September 2, 1975, pending review by the Canyon Area General Planning Task
Force and City Planning Commission. Councilman Pebley absent. MOTION CARRIED.
75-600
City Hall~ Anaheim, California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
PUBLIC HEARING - REFORMATION OF STREET LIGHTING MAINTENANCE DISTRICT 1969-1 AS
1969-1-B: To hear and consider protests, if any, of the proposed intention to
energize, operate and maintain lighting District No. 1969-1-B and Assessment.
The City Clerk reported that no written protests to the proposed reforma-
tion of Street Lighting Maintenance District 1969-1 were received in her office.
The Mayor asked if anyone wished to address the Council, either in favor
or opposition to the proposed reformation of lighting maintenance district;
there being no response, he declared the hearing closed.
Councilman Sneegas offered Resolution Nos. 75R-326 through 75R-331, both
inclusive, for adoption.
Refer to Resolution Book.
RESOLUTION NO. 75R-326: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT NO PROTESTS, EITHER WRITTEN OR ORAL, WERE MADE IN
THE PROCEEDINGS FOR THE IMPROVEMENTS CONTEMPLATED TO BE MADE BY THE CITY OF
ANAHEIM UNDER THE STREET LIGHTING ACT OF 1931--STREET LIGHTING ASSESSMENT
DISTRICT 1969-1-B.
RESOLUTION NO. 75R-327: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING
MAINTENANCE DISTRICT 1969-1-B FOR THE CONTRACT YEAR, JULY 1, 1975 TO JUNE 30,
1976, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING
SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (Tracts 2833, 2839 and 2849)
RESOLUTION NO. 75R-328: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING
MAINTENANCE DISTRICT 1972-1 FOR THE CONTRACT YEAR, JULY 1, 1975 TO JUNE 30, 1976,
FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM
FOR SUCH ENSUING CONTRACT YEAR. (Tract No. 1959)
RESOLUTION NO. 75R-329: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED.IN STREET LIGHTING
MAINTENANCE DISTRICT 1970-1 FOR THE CONTRACT YEAR, JULY 1, 1975 TO JUNE 30, 1976,
FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM
FOR SUCH ENSUING CONTRACT YEAR. (Tract No. 1948)
RESOLUTION NO. 75R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING
MAINTENANCE DISTRICT 1965-3-B FOR THE CONTRACT YEAR, JULY 1, 1975 TO JUNE 30, 1976,
FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM
FOR SUCH ENSUING CONTRACT YEAR.(Tract No. 2876)
RESOLUTION NO. 75R-331: A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF ANAHEIM
LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING
MAINTENANCE DISTRICT 1965-2-B FOR THE CONTRACT YEAR, JULY 1, 1975 TO JUNE 30, 1976,
FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR
SUCH ENSUING CONTRACT YEAR. (Tract No. 2451)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution Nom. 75R-326 through 75R-331, both inclusive
duly passed and adopted. '
RESOLUTION NO. 75R-332 - LEASE AGREEMENT CAMBRIDGE M~MORIES (COMPUTER CORE FOR TRES
CUSTOMER INFORMATION SYSTEM): On report and recommendation of the City Manager's
Office and Data Processing Manager and finding Cambridge Memories to be the most
responsible bidder, Councilman Seymour offered Resolution No. 75R-332 for
adoption.
75-601
City Hail, Anaheim~ California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THF TERMS AND
CONDITIONS OF AN EQUIPMENT LEASE AGREEMENT, AN ADDENDUM THERETO, AND AN EQUIP-
MENT MAINTENANCE AGREEMENT WITH CAMBRIDGE MEMORIES, INC. FOR A COMPUTER
ELECTRONIC MEMORY.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-332 duly passed and adopted.
LETTER OF INTENT - LEASE OF ANAHEIM STADIUM - SUN FOOTBALL~ INC: Assistant City
Attorney William Hopkins distributed copies of the Letter of--Intent to enter into
an Exhibition Agreement with the Sun Football Inc. to Council Members for their
consideration. He reported it has been reviewed by Staff and approval of same
is recommended.
Mr. Tom Liegler advised that from his brief reviow of the Letter, it
appears that this will afford the City of Anaheim a long-term agreement with
a Frofessional Football League which should be of benefit to the City of Anaheim
and the citizens of Orange County.
Mr. Philip Marantz, Attorney representing Sun Football, Inc., advised that
the Letter of Intent accurately reflects the point of agreement at which the City
and Sun Football have arrived following two months of negotiations. He offered
to answer any questions which Council might have.
Councilwoman Kaywood referred to item 3(b) on page 2 of the Letter of
Intent relating to percentage fees and questioned if the intent was that the
fee shall be $5,000 per game minimum, and, if so, whether the words "per game"
should be inserted after $5,000.
Mr. Hopkins and Mr. Marantz agreed that this would be an advisable amendment.
Mr. Marantz explained that the intent under this section is that if there
is a ten home game season, the minimum percentage fee to be paid would be $50,000
on an annual basis against the percentage rental. He noted that in addition to
the base rental fee, there is a percentage rental based on the entire season
and the number of home games that are played during the season, and if the
percentage rental on an annual basis does not reach the minimum amount then
the minimum shall be $5,000 per home game.
Councilman Seymour stated that he did not interpret this section as being
based on annual attendance figures nor a percentage thereof, but rather a per
game fee, i.e., if attendance at one game were one thousand people, as
he understands this section, the Sun would pay the minimum fee of $5,000 for
that game. The intent of the section, in his opinion, is to cover the fixed
expenses involved with turning the key to the Stadium which amount to $5,000.
Mr. Marantz advised that according to the agreement the amount paid per
game would be no less than $5,000 and, if at the end of the year, the total
attendance does not average out to be $5,000 per game, this would still be the
minimum amount to be paid. He contended that Sun Football, Inc. should be
entitled to average the attendance figures on an annual or seasonal basis so
that, if, hypothetically, there would be 1,000 paid attendance at one game and
100,000 paid attendance at the next game, the Sun would pay a percentage applied
to 101,000 paid attendance, as long as that amount exceeds the minimum which
would be $10,000 for these 2 games.
Council Members Seymour and Kaywood stated that this was not their intent;
that no other tenant at the Stadium has been treated in this fashion.
Mr. Liegier advised that each tenant of a professional nature at the Stadium
is required to post $5,000 in advance of the program date to coVer expenses and
this is applicable to their bill.
75-602
City Hall, Anaheim~ California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
Mr. Marantz stated that Sun Football, Inc. is agreeable to the posting of
$5,000 per game in advance, but felt that this should be considered as an advance
against the seasonal percentage rate, so that at the end of the season, the at-
tendance figures will be averaged to determine the actual fees over the minimum.
Councilman Seymour inquired whether the gun is asking to settle the account
with the City at the end of the year.
Mr. Marantz stated that they would be agreeable to that, or to settling at
any other time which the City wishes to specify. He added that if the percentage
rental for the season came to less than $55,000, then the City would retain this
amount as the minimum percentage fee for an Il-game home season.
Councilman Seymour stated that he was concerned with the method of payment
proposed; the City would not be receiving what they would be entitled to as the
season progresses if the Sun settles the account at the end of the season, and
by that time they may owe the City a considerable amount of money.
Councilman Sneegas suggested that perhaps a maximum debt could be written
into the contract agreement requiring that once the debt reaches that figure
the City's payment is due. He indicated that he would not be agreeable to the
City's waiting for payment of considerable sums of money until the end of the
season.
Councilwoman Kaywood pointed out that page 3, paragraph (d) of the Letter
of Intent titled "Payment" which requires that all percentage fees and day-of-
game costs shall be paid within 14 days after the City has billed the exhibitor
for same, would insure that the City not need to wait until the end of the
season to settle the account.
In response to comments made by Council Members Seymour and Kaywood that
this percentage fee situation is not as they had understood, Mr. Marantz
restated his position for clarification, i.e., that Sun Football Inc. agree
to pay a minimum rental per season calculated at a rate of $5,000 times the
number of home games in that season, as against the percentage rental that
would be applied to the season.
Mr. Marantz stated that the minimum per game situation would not give
the team the benefit of averaging out their attendance figures and it is
entirely possible that games at the beginning of the season might have sub-
stantially lower attendance than those later in the year.
Councilman Sneegas stated that if the City required the Sun to post $5,000
per game in advance and then billed them for costs over and above that amount,
which payment would, according to the Letter of Intent, have to be paid by the
Sun within 14 days of receipt of billing, this should effectively limit the
amount of liability which could be accrued.
Mr. Marantz indicated no objection to the 14-day period for payment and
noted that the gate receipts are collected by the City and these could be used
in settling the accounts.
Councilman Seymour maintained that as he read the language in the proposed
Letter of Intent it does not indicate what is being explained by Mr. Marantz.
He inquired what the situation was in last year's contract with the Sun.
Mr. Marantz agreed that the language in the Letter could be interpreted
as Councilman Seymour is indicating and accepted the blame for inarticulately
expressing his thoughts, but stated he is attempting to clarify the situation
in this discussion.
Mr. Liegler advised that last year's contract called for $50,000 or the
greater of percentage, whichever was higher, based upon a season of 11 games.
He added that the football team would pay in advance of each game a $5,000 fee,
and following the game a bill would be presented for the percentage fee for
that game above the day-of-game costs. He noted that the point raised by Mr.
Marantz concerns the situation where the percentage attendance fee is lower
and whether a refund should be made.
75-603
City Hall; Anaheim~ California - COUNCIL MINUTES - July 1, 1975, 1:30 P.M.
Councilman Seymour inquired why there should be any problem in labeling
the $5,000 a per game fee.
Mr. Marantz indicated that the problem is regarding what is applied towards
the percentage rental, the day of game costs are over and above this fee. He
feels it is only fair that the percentage rental be calculated on an annual
basis so that the team receives the benefits of the highs and lows in attendance.
Mr. Marantz stated that he has no objection to settling the account between
the City and the Sun every 14 days based upon the percentage, but at year end
when the minimum is figured against the percentage he is requesting it be
figured on an annual or seasonal basis. If half way through an 11 game season
the team has paid $60,000 based on the percentage and still will have more to
pay for the remainder of the games, this is fine, but if at the end of the
season, the overall percentage rate amounts to $50,000 they would owe $55,000
but have already paid $60,000. The team would be entitled to a refund only if
the percentage is less than $5,000 times the number of games. He indicated that
the reason he used the per game language was that he felt it was the intent of the
City Coancil and staff that the minimum fee not be a flat rate, since the
contract will have a 20-year term and a variable number of games will be
played during that period consequently the per game approach was necessary.
Councilwoman Kaywood advised that she understood Mr. Marantz' point. She
indicated however that the possibility which concerns her is, should the situa-
tion occur that there were several games below the minimum percentage rate,
would the team want a refund from the total amount at the end of the season.
Mayor Thom interjected that if the team overpays because of windfall
gates, then yes, they would be entitled to a refund.
Mr. Marantz replied that they would not be entitled to any refund until
the minimum is met, since that is the minimum amount they are agreeing to pay,
plus all of the other costs specified. He advised that the portion of the
percentage fee really under discussion is that increment above the $5,000
minimum per game, and that should be figured on a seasonal basis.
Mr. Liegler recommended, in order to satisfy Council's concern in this
matter, that this tenant provide the City with a check for $5,000 before each
game, which would be applied towards the billing.
Mayor Thom asked if Mr. Marantz was agreeable to placing this in the
contract and received an a££irmative reply.
Councilman Seymour referred to the first paragraph of pages 2 and 3 of
the Letter of Intent which indicate that according to certain criteria the
seating capacity o£ the Stadium will be expanded to 64,000 seats and inquired
if there is any latitude to change this to 60,000 seats.
Mr. Marantz agreed that this revision down to 60,000 seating capacity
was agreeable.
Councilman Seymour referred to page 3 section 2 (a) under "Compensation"
and noted that the second installment of the base fee in the amount o£ $58,000
shall be paid on August 1, 1975. He indicated that he was concerned that the
City have some assurance in writing of this base fee payment prior to signing
the lease, particularly if this lease is signed before August 1, 1975.
Mr. Marantz stated that if the lease is signed prior to that date, the
Letter of Intent contemplates a note to be paid in 2 installments.
Councilwoman Kaywood pointed out several places in the Letter of Intent
showing the name of Mr. and Mrs. Sam D. Battistone, where it would be in order
to add, "Jr." and this revision was agreed to by both parties.
At the conclusion of discussion, on motion by Councilman Seymour,
seconded by Councilman Sneegas, the City Council approved the Letter of Intent
dated July 1, 1975 as amended; authorized the Mayor to sign said Letter of
Intent; and directed the City Attorney to prepare a formal Exhibition Agreement.
Councilman Pebley absent. MOTION CARRIED.
III]Il Illl I III I
75-604
City Hall.~ Anaheim, California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
RESOLUTION NO. 75R-333 - PIPELINE LICENSE_~STORM DRAIN AT KIMBERLY AVENU~E, LEAD
TRACK WEST OF RAYMOND AVENUE): Councilwoman Kaywood offered Resolution No 75R-333
for adoption. ·
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PIPELINE LICENSE AND AUTHORIZING PAYMENT THEREFOR.
(Storm Drain at Kimberly Avenue lead track, west of Raymond Avenue) (Atchison
Topoka & Santa Fe $150.00)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-333 duly passed and adopted.
RESOLUTION NO. 75R-334 - CIRCULATION ELEMENT OF ARTERIAL STREETS AND~HIGHWAYS ON
THE GENERAL PLAN (FOR INCLUSION INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN
1974-75): Councilman Sneegas offered Resolution No. 75R-334 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INFORMING THE COUNTY
OF ORANGE ROAD DEPARTMENT THAT NO CHANGES ARE ANTICIPATED IN THE CIRCULATION
ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON THE GENERAL PLAN FOR INCLUSION
INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN DURING THE YEAR 1974-75.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-334 duly passed and adopted.
REQUEST - APPROVAL OF SPECIAL RECREATION FACILITY (RECLASSIFICATION NO. 70-71-13,
TRACT NO. 8783 PELANCONI PARK): On motion by Councilman Seymour, seconded by
Councilman Thom, the request for approval of special recreational facility on
the Rancho Yorba Development plan was continued one additional week to the
meeting of July 8, 1975. Councilman Pebley absent. MOTION CARRIED.
STATUS REPORT - NATIONAL FLOOD INSURANCE PROGRAM - REVISED FLOOD HAZARD MAPS: In
accordance with the request made by the Council at the meeting of June 24, 1975,
Mr. Ron Thompson reported that the Development Services Staff has repeatedly
contacted the firm of Michael Baker, Inc., relative to Anaheim's appeal for
revised flood hazard boundary maps. The latest information is that these will
be available in mid July.
Mr. Thompson advised that he has also spoken with COngressman Wiggins'
Office and has been assured that they will assist the City in obtaining these
revised maps by mid July.
Mr. Thompson indicated that his Department would continue to pursue the
matter until resolved.
AMPARO PROJECT: Council consideration of participation in the project entitled
"AMPARO - A Safe Place" was continued from the meeting of June 24, 1975, for
additional information. The City Clerk noted that a packet of supplemental
information and documents was forwarded to Council Members in the interim.
Community Relations Representative Joe Garza was present, and in answer
to question by Mayor Thom, advised that the State of CalifOrnia's share of
funding for the proposed project would come from the California Council on
Criminal Justice, with Federal Funding through the Department .of Justice.
75-605
City Hall, Anaheim, California - COUNCIL MINUTES - July it 1975~ 1:30 P.M.
Councilman Sneegas again expressed his concern that the proposed activities
might duplicate the efforts of the Orange County Juvenile Hall.
Mr. Carza was of the opinion that this was not the case, that a different
approach is involved. He reported that in 1974 there was a total of 705 runaways
in the City o£ Anaheim, of which 193 were petitioned to the courts, and 512 were
handled informally.
In response to question by Councilwoman Kaywood, Mayor Thom noted that the
proposal was for a three-year program, the initial year being considered at
present, with participation for the remaining two years to be taken up next
year.
RESOLUTION NO. 75R-335: Councilman Seymour offered Resolution No. 75R-335 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENDORSING AND
AUTHORIZING FINANCIAL PARTICIPATION IN "AMPARO - A SAFE PLACE". (One Year)
Roil Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-335 duly passed and adopted.
AWARD OF WORK ORDER NO.752A - LINCOLN AVENUE MEDIAN ISLAND IMPROVEMENT: On
report and recommendation by the City Engineer, award of Work Order No. 752A,
Lincoln Avenue median island improvement, was continued one week, July 8, 1975,
on motion by Councilman Seymour, seconded by Councilman Sneegas. Councilman
Pebley absent. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Council-
man 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. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. Orange County Mosquito Abatement District - Minutes - May 15, 1975.
b. Community Redevelopment Commission - Minutes - June 4 and June 11, 1975.
c. Anaheim Public Library Board - Highlights and Minutes - May 19, 1975.
d. Anaheim Parks, Recreation and the Arts Department - Minutes - May 15, 1975.
e. Financial and Operating Reports for the Month of May, 1975 -
Anaheim Public Library
City Treasurer's Office
2. CLAIMS AGAINST THE CITY: The following claims against the City were denied
by the City Council and ordered referred to the City's insurance carrier:
a. Claim submitted by Patricia Ann Harvey for personal injury and general
damages purportedly resulting from condition of street at Broadway and State
College Boulevard on or about March 25, 1975.
b. Claimed filed by Bob Baker Insurance Agency, on behalf of William Kenck,
for damages purportedly resulting from City vehicle at Anaheim Stadium parking
lot on or about May 23, 1975.
3. DINNER DANCING PLACE PERMIT: Dinner dancing place permit for the Hansa
House Restaurant, 1840 South Harbor Boulevard, 6 days a week from 9:00 P.M. to
1:30 A.M., was granted subject to the recommendations of the Chief of Police.
(Tord G. Roos, Applicant)
75-606
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
4. AMENDMENT TO TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE: July 29, 1975,
2:30 o'clock P.M., was scheduled as the date and time for public hearing to
consider an amendment to the Anaheim Municipal Code, zoning, by adding sections
18.02.045, 18.02.046, 18.02.047, 18.02.048 and 18.02.049 pertaining to the
transfer of real property in the City of Anaheim planning area "B" (Hill and
Canyon area).
Councilman Pebley absent. MOTION CARRIED.
RESOLUTION NO. 75R-336 AND 75R-337: Councilwoman Kaywood offered Resolution
Nos. 75R-336 and 75R-337 for adoption in accordance with the reports, recom-
mendations and certifications furnished each Council Member, and as listed on
the Consent Calendar Agenda.
Refer to Resolution Book.
RESOLUTION NOS. 75R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Burmah Oil
& Gas Co.; Woodbine Corp)
RESOLUTION NO. 75R-337: 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 COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE MODIFICA-
TIONS OF EXISTING PEDESTRIAN SIGNAL INSTALLATIONS AT VARIOUS LOCATIONS IN THE
CITY OF ANAHEIM, WORK ORDER NO. 743-A. (Signal Maintenance, Inc.)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Pesolution Nos. 75R-336 and 75R-337 duly passed
and adopted.
CITY PLANNING COMMISSION ITEMS: Actions taken by'the City Planning Commission
at their meeting held June 9, 1975 pertaining to the following applications
were submitted for City Council information and consideration:
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the
City Council authorized the actions pertaining to environmental impact require-
ments as recommended by the City Planning Commission and sustained the actions
taken by the City Planning Commission in connection with the following applica-
tions (Item Nos. 1 through 9):
1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL E%~MPTIONS: The Director of
Development Services determined that the following activities fall within the
definition of Section 3.01, Classes 1, 3 or 11, of the City of Anaheim Guide-
lines to the requirements for an environmental impact report and are, therefore,
categorically exempt from the requirement to file environmental impact reports:
Variance No. 2697
Conditional Use Permit No. 1538
Conditional Use Permit No. 1539, and
Conditional Use Permit No. 1544
2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: The City Planning
Co~nission recommended to the City Council that the following projects be
exempt from the requirement to prepare environmental impact reports, pursuant
to the provisions of the California Environmental Quality Act:
Conditional Use Permit No. 1540, and
Variance No. 2705.
75-607
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
3. VARIANCE NO. 2697: Submitted by K & B Center to permit 15 existing free-
standing signs on CL zoned property located at the southwest corner of Ball Road
and Knott Street, with code waivers of:
a. maximum aggregate sign area (withdrawn)
b. maximum number of signs.
c. minimum distance between signs.
d. minimum ground clearance of signs (withdrawn)
The City Planning Commission, pursuant to their Resolution No. PC75-116,
granted said variance in part, subject to conditions.
4. CONDITIONAL USE PERMIT NO. 1538: Submitted by Fredrick B. Morley, to con-
struct a self-service car wash on CL zoned property located at the northwest
corner of Sycamore and East Streets, with code waivers of:
a. maximum building height within 150 feet of single-family
residential zone
b. minimum landscaped side yard setback
Granted by the City Planning Commission, pursuant to their ReSolution
No. PC75-117, subject to conditions.
5. CONDITIONAL USE PERMIT NO. 1539: Submitted by Santa Ana Urban Society and
Ben Rodriguez to retain a school for exceptional children in an existing church
on RS-A-43,000 zoned property located on the north side of Ball Road, west of
Dale Avenue.
Pursuant to their Resolution No. PC75-i19, the City Planning Commission
granted said conditional use permit subject to conditions.
6. CONDITIONAL USE PERMIT NO. 1540: Submitted by Mary H. Dewire, et al, to
permit racquetball and handball courts on CL zoned property located at the
northeast corner of Santa Ana Canyon Road and Tustin Avenue.
The City Planning Commission, pursuant to their Resolution No. PC75-120,
granted said permit subject to conditions.
7. CONDITIONAL USE PERMIT NO. 1544: Submitted by the Lincoln National Life
Insurance Company and Market Basket to permit on-sale beer and wine in an
existing restaurant on CL zoned property located at the southwest corner of
Ball Road and Anaheim Boulevard.
Granted by the City Planning Commission, subject to the conditions,
pursuant to their Resolution No. PC75-123.
8. VARIANCE NO. 2705: Submitted by Curci-Turner Company, to permit the con-
tinued outdoor storage of trucks and equipment in the RS-7200 zone; property
located on the south side of Cypress Street, west of Vine Street, with code
waiver of:
a. permitted uses
Pursuant to their Resolution No. PC75-124, the City Planning Commission
granted said variance, subject to conditions.
9. CONDITIONAL USE PERMIT NO. 1515: Submitted by Jerry Thomen, Stedman &
Menicucci Law Corporation for a one-year extension of time for the completion
of conditions of approval to permit truck rentals in conjunction with an
existing service station on CL zoned property located at the southeast corner
of Orangethorpe Avenue and Lemon Street.
Excerpt from the minutes of the City Planning Commission meeting held
June 9, 1975, was submitted wherein said extension of time to Conditional Use
Permit No. 15i5 was denied.
Councilman Pebiey absent. MOTION CARRIED.
75-608
City Hall, Anaheim~ California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
CONDITIONAL USE PERMIT NOS. 1541 AND 1542' Conditional Use Permit Nos. 1541 and
1542 were removed from the Consent Calendar at the request of Councilwoman
Kaywood.
CONDITIONAL USE PERMIT NO. 1541' Submitted by Mary Alice Grimshaw to permit
the continued use of an existing billboard on CG zoned property located at the
southwest corner of Broadway and Anaheim Boulevard.
The City Planning Commission, pursuant to their Resolution No. PC75-121,
found that the Director of Development Services Department has determined
that the proposed activity falls within the definition of Section 3.01, Class 1,
of the City of Anaheim Guidelines to the requirements for an E.I.R. and is,
therefore, categorically exempt from the requirement to file an.E.I.R.; and
further, granted said conditional use permit for a period of one year, subject
to conditions.
CONDITIONAL USE PERMIT NO. 1542: Submitted by William C. Stookey, to permit
the continued use of two existing billboards on CG zoned property located at
the northeast corner of Broadway and Anaheim Boulevard.
The City Planning Commission, pursuant to their Resolution No. PC75-122,
found that the Director of the Development Services Department has determined
that the proposed activity falls within the definition of Section 3.01, Class 1,
of the City of Anaheim Guidelines to the requirements for an E.I.R. and is,
therefore, categorically exempt from the requirement to file an E.I.R.: and
further, granted said conditional use permit for a period of one year, subject
to conditions.
Councilwoman Kaywood pointed out that when Conditional Use Permit Nos. 1479
and 1480 were approved for the billboards reapplied for under subject conditional
use permits (see Council minutes of August 20, 1974, page 74-819), Mr. Jay Kingry,
representing Pacific Outdoor Advertising Company, authorized agent, stipulated
that if they were permitted to retain those billboards through the granting of
said Conditional Use Permit Nos. 1479 and 1480, they would waive any rights to
severance or other damages, should the Redevelopment Agency seek to acquire
the properties prior to April 1, 1975; subject properties are located within
Redevelopment Project Alpha. She noted that said Conditional Use Permits
expired April 1, 1975, and new conditional use permit applications have been
filed requesting further continuance. She questioned whether the stipulation
made last year has been filed in written form.
City Clerk Alona M. Hougard reported that Mr. Kingry had contacted her
office by telephone this morning and advised that written stipulations were
in the mail.
Councilwoman Kaywood was of the opinion that the original permits for the
billboards had been issued in error, since no billboards are allowed in the
center city area. She asked why Council consideration of such a conditional
use permit should not be continued one week.
It was pointed out that any continuance would necessitate the scheduling
of public hearings, including necessary publication of legal notices.
Mayor Thom expressed his confidence that the letters would be received
as indicated by Pacific Outdoor Advertising Company, and noted that the
character of the area in question has not been altered. Councilman Thom
thereupon moved that no action be taken on Conditional Use Permit Nos. 1541
and 1541, thereby sustaining the action taken by the City Planning Commission;
and further, that the City Clerk be instructed to contact Mr. Jay Kingry and
advise that the letter of stipulation must be received in her office before
Friday, July 4, 1975.
Councilwoman Kaywood was of the opinion that other people would not
enjoy the same privilege that would be allowed if subject permits are granted,
and that the disposition thereof should be deferred inasmuch as the letters of
stipulation have not been received.
75-609
City Hall, Anaheim, California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
Councilman Thom's motion was restated. Councilman Sneegas seconded the
motion. To this motion, Councilwoman Kaywood voted "no". Councilman Pebley
absent. MOTION CARRIED.
ENVIRONMENTAL IMPACT REPORT NO. 150~ CONDITIONAL USE PERMIT NO. 1543 AND TENTATIVE
TRACTS NOS. 7137,(REVISION NO. 6) AND 7666 (REVISION NO. 1): The following
reports and applications pertaining to property located at the northeast corner
of La Palma Avenue and Fairmont Boulevard were considered by the City Planning
Commission at their meeting held June 9, 1975, and were submitted for City
Council information and consideration:
ENVIRONMENTAL IMPACT REPORT NO. 150: The City Planning Commission believed that
said draft of E.I.R. No. 150 does conform to the City and State Guidelines and
the State of California Environmental Quality Act, and based upon such informa-
tion, by motion recommended to the City Council that they certify said E.I.R.
is in compliance with said Environmental Quality Act.
CONDITIONAL USE PERMIT NO. 1543: Submitted by Kraemer Landowners, to permit a
four-unit model home complex on RS-A-43,000 zoned property located at the north-
east corner of La Palma Avenue and Fairmont Boulevard.
The City Planning Commission, pursuant to their Resolution No. PC75-118,
granted said conditional use permit subject to conditions.
TENTATIVE MAPS, TRACTS NOS. 7137 (Revision No. 6) AND 7666 (Revision No. 1):
Developer, Sant Construction; property located at the northeast corner of La
Palma Avenue and Fairmont Boulevard and contains:
Tract No. 7137 - 28 proposed RS 5,000 lots
Tract No. 7666 - 72 proposed RS 5,000 lots.
Excerpt from the minutes of the City Planning Commission meeting held
June 9, 1975, was submitted reflecting the granting of both tentative tract
maps, subject to the following conditions:
Tract No. 7137 (Revision No. 6):
1. That should this subdivision be developed as more than one subdivi-
sion, each subdivision thereof shall be submitted in tentative form for approval.
2. That in accordance with City Council policy, a six-foot masonry wall
shall be constructed on the south property line separating Lot Nos. 18 through
29 from La Palma Avenue. Reasonable landscaping, including irrigation facilities,
shall be installed in the uncemented portion of the arterial highway parkway
the full distance of said wall, plans for said landscaping to be submitted to
and subject to the approval of the Superintendent of Parkway Maintenance; and
following installation and acceptance, the City of Anaheim shall assume the
responsibility for maintenance of said landscaping.
3. That ail lots within this tract shall be served by underground
utilities.
4. That vehicular access rights, except at street openings, to La Palma
Avenue shall be dedicated to the City of Anaheim.
5. That a final tract map of subject property shall be submitted to and
approved by the City Council and then be recorded in the office of the Orange
County Recorder.
6. That the covenants, conditions and restrictions shall be submitted to
and approved by the City Attorney's Office prior to City Council approval of
the final tract map, and, further, that the approved covenants, conditions and
restrictions shall be recorded concurrently with the final tract map.
7. That prior to filing the final tract map, the applicant shall submit
to the City Attorney for approval or denial a complete synopsis of the proposed
functioning of the operating corporation including, but not limited to, the
articles of incorporation, bylaws, proposed methods of management, bonding to
insure maintenance of common property and buildings and such other information
as the City Attorney may desire to protect the City, its citizens and the
purchasers of the project. '
8. That street names shall be approved by the City of Anaheim prior to
approval of a final tract map.
75-610
City Hall, Anaheim~ California - COUNCIL MINUTES - July 1~ 1975, 1:30 P.M.
9. That drainage of said property shall be disposed of in a manner satis-
factory to the City Engineer. If, in the preparation of the site sufficient
grading is required to necessitate a grading permit, no work on grading will be
permitted between October 15th and April 15th unless all required off-site
drainage facilities have been installed and are operative. Positive assurance
shall be provided the City that such drainage facilities will.be completed
prior to October 15th. Necessary right-of-way for off-site drainage facilities
shall be dedicated to the City, or the City Council shall have initiated condem-
nation proceedings therefor (the costs of which shall be borne by the developer)
prior to the commencement of grading operations. The required drainage facili-
ties shall be of a size and type sufficient to carry runoff waters originating
from higher properties through said property to ultimate disposal as approved
by the City Engineer. Said drainage facilities shall be the first item of
construction and shall be completed and be functional throughout the tract and
from the downstream boundary of the property to the ultimate point of disposal
prior to the issuance of any final building inspections or occupancy permits.
Drainage district reimbursement agreements may be made available to the
developers of said property upon their request.
10. That grading, excavation and all other construction activities shall
be conducted in such a manner so as to minimize the possibility of any silt
originating from this project being carried into the Santa Ana River by storm
water originating from or flowing through this project.
11. 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 appro-
priate by the City Council, said fees to be paid at the time the building
permit is issued.
12. That the developer shall obtain from the Orange County Flood Control
District a favorable flood hazard letter acceptable to the City of Anaheim, to
be submitted prior to City Council approval of the final tract map.
13. That the City Council reserves the right to delete or amend the
assumption of landscape maintenance in the event Council policy changes.
14. If permanent street name signs have not been installed, temporary
street name signs shall be installed prior to any occupancy.
15. That prior to City Council approval of the final tract map, the
owner(s) of subject property shall submit plans for City Council review and
approval showing the steps taken by the developer to reduce the noise level
generated by the railroad traffic to 65 dbA in the rear yards and to 45 dbA
inside the homes (with windows and doors closed). These plans shall be
certified by a recognized acoustical expert stipulating that the proposed
sound-attenuation measures will achieve the levels stated herein.
16. That prior to City Council approval of the final tract map, the
owner(s) shall obtain an irrevocable license or easement for use of the prop-
erty located within the Atchison, Topeka & Santa Fe Railroad right-of-way to
permit a portion of the required sound-attenuation berm to be located within
said right-of-way; said license or easement to be submitted for review and
approval by the City Attorney and to be reviewed by the Planning Commission and
City Council.
Tract No. 7666 (Revision No. 1):
1. That should this subdivision be developed as more than one subdivi-
sion, each subdivision thereof shall be submitted in tentative form for
approval.
2. That in accordance with City Council policy, a six-foot masonry wall
shall be constructed on the south property line separating Lot Nos. 1 through 4
and 60 through 72 from La Palma Avenue, and on the west property line (at the
toe of slope) separating Lot Nos. 4 through 6 and 10 through 14 from Fairmont
Boulevard. Reasonable landscaping, including irrigation facilities, shall be
installed in the uncemented portion of the arterial highway parkway the full
distance of said wall, plans for said landscaping to be submitted to and
subject to the approval of the Superintendent of Parkway Maintenance; and
following installation and acceptance, the City of Anaheim shall assume the
responsibility for maintenance of said landscaping.
3. That all lots within this tract shall be served by underground
utilities.
4. That a final tract map of subject property shall be submitted to and
approved by the City Council and then be recorded in the office of the Orange
County Recorder.
7~-611
City Hail, Anaheim, California - COUNCIL MINUTES - July 1~ 1975~ 1:30 P.M.
5. That the covenants, conditions and restrictions shall be submitted to
and approved by the City Attorney's Office prior to City Council approval of
the final tract map, and, further, that the approved covenants, conditions and
restrictions shall be recorded concurrently with the final tract map.
6. That prior to filing the final tract map, the applicant shall submit
to the City Attorney for approval or denial a complete synopsis of the proposed
functioning of the operating corporation including, but not limited to~ the
articles of incorporation, bylaws, proposed methods of management, bonding to
insure maintenance of common property and buildings and such other information
as the City Attorney may desire to protect the City, its citizens, and the
purchasers of the project.
7. That street names shall be approved by the City of Anaheim prior to
approval of a final tract map.
8. That drainage of said property shall be disposed of in a manner satis-
factory to the City Engineer. If, in the preparation of the site sufficient
grading is required to necessitate a grading permit, no work on grading will be
permitted between October 15th and April 15th unless all required off-site
drainage facilities have been installed and are operative. Positive assurance
shall be provided the City that such drainage facilities will be completed
prior to October 15th. Necessary right-of-way for off-site drainage facilities
shall be dedicated to the City, or the City Council shall~have initiated con-
demnation proceedings therefor (the costs of which shall be borne by the
developer) prior to the commencement of grading operations. The required
drainage facilities shall be of a size and type sufficient to carry runoff
waters originating from higher properties through said property to ultimate
disposal as approved by the City Engineer. Said drainage facilities shall be
the first item of construction and shall be completed and be functional through-
out the tract and from the downstream boundary of the property to the ultimate
point of disposal prior to the issuance of any final building inspections or
occupancy permits. Drainage district reimbursement agreements may be made
available to the developers of said property upon their request.
9. That grading, excavation and all other construction activities shall
be conducted in such a manner so as to minimize the possibility of any silt
originating from this project being carried into the Santa Ana River by storm
water originating from or flowing through this project.
10. That vehicular access rights, except at street openings, to La Palma
Avenue and Fairmont Boulevard, shall be dedicated to the City of Anaheim.
11. 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 appro-
priate by the City Council, said fees to be paid at the time the building
permit is issued.
12. That the developer shall obtain from the Orange County Flood Control
District a favorable flood hazard letter acceptable to the City of Anaheim, to
be submitted prior to City Council approval of the final tract map.
13. That the City Council reserves the right to delete or amend the
assumption of landscape maintenance in the event Council policy changes.
14. If permanent street name signs have not been installed, temporary
street name signs shall be installed prior to any occupancy.
15. That prior to City Council approval of the final tract map, the
owner(s) of subject property shall submit plans for City Council review and
approval showing the steps taken by the developer to reduce the noise level
generated by the railroad traffic to 65 dbA in the rear yards and to 45 dbA
inside the homes (with windows and doors closed). These plans shall be
certified by a recognized acoustical expert stipulating tha~ ~h¢ proposed
~ound-att~nuatio~ m~a~ur~ will achieve the levels stated herein.
16. That prior to City Council approval of the final tract map, the
owner(s) shall obtain an irrevocable license or easement for use of the prop-
erty located within the Atchison, Topeka & Santa Fe Railroad right-of-way to
permit a portion of the required sound-attenuation berm to be located within
said right-of-way; said license or easement to be submitted for review and
approval by the City Attorney and to be reviewed by the Planning Commission and
City Council.
The City Clerk reported that communication dated June 25, 1975, had been
received from Sant Construction Company regarding condition, imposed by the
City Planning Commission in their approval of the two tentative tract maps
(Condition No. 16), requiring that prior to the approval of the final tract
map, an irrevocable license or easement shall be obtained from the Atchison,
75-612
City Hall, Anaheim, California - COUNCIL MINUTES - July 1, 1975, 1:30 P.M.
Topeka & Santa Fe Railway. The letter referred to attachments containing
pertinent information and a copy of the plan submitted to the railway company,
and noted that the railway company indicated permission can be granted in
approximately three weeks, and necessary easements can be processed in approxi-
mately three months.
Councilwoman Kaywood noted this was another situation where the written
consent must be filed, and she expressed concern that the railway company
could possibly deny the use at a later date.
The City Clerk called attention to Condition No. 10 of the conditional
use permit, requiring that the license or easements must be on file prior to
the issuance of building permits.
The Assistant City Attorney, William Hopkins, pointed out that the condi-
tion referred to consideration of the final tracts, and only the tentative maps
are under consideration at this time.
The City Engineer referred to Condition No. 15 of the granting of the
tentative tracts, pertaining to certification of plans to ~reduce the noise
level generated by the railroad traffic, again, prior to approval of the final
tract map.
Councilwoman Kaywood pointed out that the original tract map for subject
development had expired and she questioned extending the time for these RS-5000
zoned lots in the canyon area.
It was noted that the zoning was approved some time ago and the average lot
size in subject tracts is more than 6,000 square feet.
In response to further questions by Councilwoman Kaywood, Mr. Jeff Millet
of Millet-King & Associates, Civil Engineers, briefly described a background
of subject tentative tract maps, and reasons why the original tentative maps
expired. He advised that it is not likely the railway company would require
that the land fill be removed, as they intend to install another line along
the right of way within the next ten years which would have to be approved at
a public hearing.
Councilwoman Kaywood asked whether an additional line or continuous traffic
along the railroad right of way would make a difference in the decibel reading.
Mr. John Hilliard, Bio-Acoustical Engineering, 1101 East Bryan Street,
Suite F, Tustin, advised that if the traffic were doubled, the decibels would
increase by 3. He felt there was a margin of safety for the 45 CNEL (community
noise equivalent level over a 24-hour period) inside, and 65 CNEL outside.
Reference was made to the number of problems brought before the City
Council regarding complaints that tract salesmen have made false statements
to the home buyers, and Councilwoman Kaywood suggested that for the protection
of the developers, the facts should be stated to prospective buyers, including
the fact that approximately 30 trains pass the area daily. She further noted
that a vacant lot was projected to be located between the sales office and one
of the model homes, which she felt would create an illusion of larger lots and
open space. This also should be clearly stated.
Mr. Millet advised that the tract map would be on file in the sales office.
Councilman Seymour reported that the Santa Ana Canyon Area General Planning
Task Force is forwarding a proposed ordinance for Council consideration which
would require that copies of the Anaheim General Plan and all zoning activities
within 300 feet of the tract be displayed on a wall in tract sales offices, and
also be handed out, which would clarify many questions not answered at the
point of sale.
75-613
C__ity Hall~ Anaheim, California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
ENVIRONMENTAL IMPACT REPORT NO. 150 - CERTIFICATION: At the conclusion of the
discussion, E.I.R. No. 150, having been reviewed by the City staff and recom-
mended by the City Planning Commission to be in compliance with City and State
Cuidelines and the State of California Environmental Quality Act, the City
Council, acting upon such information and belief, does hereby certify that
E.I.R. No. 150 is in compliance with the California Environmental Quality Act
and City and State Guidelines, on motion by Councilman Seymour, seconded by
Councilman Sneegas. Councilman Pebley absent. MOTION CARRIED.
CONDITIONAL USE PERMIT NO. 1543 AND TENTATIVE MAPS~ TRACTS NOS. 7137 (REVISION
NO. 6) AND 7666 (REVISION NO. 1): It was determined that no action be taken
by the City Council on Conditional Use Permit No. 1543, thereby sustaining the
action taken by the City Planning Commission.
On motion by Councilman Seymour, seconded by Councilman Sneegas, Tentative
Maps, Tacts Nos. 7137 (Revision No. 6) and 7666 (Revision No. 1) were approved
subject to the conditions recommended by the City Planning Commission. Council-
man Pebley absent. MOTION CARRIED.
RECLASSIFICATION NO. 73-74-43 AND VARIANCE NO. 2579 - TERMINATION: Submitted by
W. J. Murphy, Hendricks GMC Trucks, Inc., requesting termination of Reclassifica-
tion No. 73-74-43 and Variance No. 2579, due to the fact that the property has
been sold and will not be utilized for the use requested under subject applica-
tions. The property is located on the east side of Anaheim Boulevard, north of
Katella Avenue, and was proposed for a change in zone from CH to ML, to allow
the establishment of a community storage facility.
In response to question by Councilwoman Kaywood, Deputy City Attorney
Hopkins counseled that conditions of subject application which had not been met
could be redetermined at such time as a ~uture request is made pertaining to
subject property.
RESOLUTION NO. 75R-338: Councilman Sneegas offered Resolution No. 75R-338 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEED-
INGS IN CONNECTION WITH RECLASSIFICATION NO. 73-74-43.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT:~ COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-338 duly passed and adopted.
RESOLUTION NO. 75R-339: Councilman Sneegas offered Resolution No. 75R-339 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEED-
INGS IN CONNECTION WITH VARIANCE NO. 2579, ..AND DECLARING RESOLUTION NO. 75R-136
NULL AND VOID.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pebley
The Mayor declared Resolution No. 75R-339 duly passed and adopted.
FIREWORKS DISPLAY PERMIT - TOMMY WALKER PRODUCTIONS: Application filed by R. Bob
Souza, General Manager, California Fireworks Display Company, for permit to
allow public fireworks display at a July 4, 1975, Independence Day celebration
sponsored by Tommy Walker Productions and to be held at Anaheim Stadium, was
submitted and granted as requested, on motion by Councilman Seymour, seconded
by Councilwoman Kaywood. MOTION CARRIED.
75-61~
~i.ty Hall~ Anaheim~ California - COUNCIL MINUTES - July 1, 1975, 1:30 P.M.
FIREWORKS DISPLAY PERMIT - SOUTHERN CALIFORNIA SUN: Application filed by R. Bob
Souza, General Manaser, California Fireworks Display Company, for permit to
allow public fireworks displays during the Southern California Sun Football
Club home 8ames at Anaheim Stadium on the following 1975 dates was submitted:
July 5 and 14, at 7:30 P.M.;
August 3, 2:00 P.M.; August 29, 7:30 P.M.;
September 14, 2:00 P.M.;
October 12 and 26, 2:00 P.M.;
November 9, 16 and 30, 2:00 P.M.; and
December 7, 2:00 P.M.
Councilwoman Kaywood stated she was opposed to this type of noise pollution;
that the fireworks would be discharged at undetermined times, and residents in
the vicinity would be disturbed.
On motion by Councilman Seymour, seconded by Councilman Sneegas, said fire-
works display permit was approved as requested. To this motion, Councilwoman
Kaywood voted "no". Councilman Pebley absent. MOTION CARRIED.
WORK ORDER NO. 1009 - POLICE FACILITIES FENCE: Award of contract for Work Order No. 1009, construction of 7 foot block wall at the Police Facilities located at
425 South Harbor Boulevard, was scheduled this date.
Administrative Assistant John Harding reported that the bidder who submitted
the second low bid has protested the low bidder's license, and in addition, the
low bid was submitted at a figure nearly double the budget estimate of the City.
He questioned whether the City Council wished to proceed with the project, and
further explained that the proposed fence was intended to be installed around
the parking lot which contains unmarked police cars and employee vehicles.
Mr. Harding further noted that a forthcoming Arthur Young & Company
report would address itself to the proposed satellite garage in the area,
and perhaps the block wall and the need therefor could be reconsidered at
that time.
On the recommendations of the Administrative Assistant and Assistant
City Attorney, Councilman Sneegas moved that all bids submitted in connection
with Work Order No. 1009 be rejected. Councilwoman Kaywood seconded the
motion. Councilman Pebley absent. MOTION CARRIED.
PURCHASE OF EQUIPMENT - CUSHMAN FLAT BED TRUCK: Administrative Assistant John Harding
reported on quotation received from Cushman Motor Sales, Inc., the sole vendor, for
purchase of a Cushman flat bed truck for Anaheim Stadium, and recommended acceptance
of said quotation.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, bid of
Cushman Motor Sales, Inc., was accepted and purchase authorized in the total
amount of $3,058.10, including tax. Councilman Pebley absent. MOTION CARRIED.
PURCHASE OF EQUIPMENT - TURF-VAC: Mr. Harding reported on bid received from Turf-
Vac Sales Company, sole vendor, for purchase of a turf-vac sweeper for the Con-
vention Center, and recommended acceptance of said bid.
On motion by Councilman Seymour, seconded by Councilman Sneegas, bid of
Turf-Vac Sales Company was accepted and purchase authorized in the amount of
$4,637.50, including tax. Councilman Pebley absent. MOTION CARRIED.
PURCHASE OF EQUIPMENT - PICKUP TRUCK: Mr. Harding reported on informal bids
received for the purchase of a 1/2 Ton Economy Pickup Truck and recommended
acceptance of the bid by McCoy Ford, Anaheim, the low bid considering the 1%
local sales tax differential.
On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the low
bid of McCoy Ford, Anaheim, was accepted and purchase authorized in the amount of
$3,100.50, including tax. Councilman Pebley absent. MOTION CARRIED.
75-615
City Hall~ Anaheim~ California - COUNCIL MINUTES - July 1, 1975~ 1:30 P.M.
ORDINANCE NO. 3441: Councilman Seymour offered Ordinance No. 3441 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (73-74-48 - CO)
ORDINANCE NO. 3442: Councilman Seymour offered Ordinance No. 3442 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-25(1) - R§-5,000 Tract No. 7422)
ORDINANCE NO. 3443: Councilman Seymour offered Ordinance No. 3443 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (65-66-63(4) - CO)
EXECUTIVE SESSION: On motion by Councilman Thom, seconded by Councilman Sneegas,
the City Council recessed to Executive Session (4:15 P.M.). MOTION CARRIED.
AFTER RECESS: Mayor Thom called the meeting to order at 4:20 P.M., all members of
of the City Council being present with the exception of Councilman Pebley.
PARKS & RECREATION COMMISSION APPOINTMENT: On motion by Councilwoman Kaywood,
seconded by Councilman Seymour, Martin Sklar was reappointed to the Parks &
Recreation Commission, representing the Anaheim City School District, for the
ensuing term ending June 30, 1979. Councilman Pebley absent MOTION UNANIMOUSLY
CARRIED. '
The City Clerk was instructed to notify the Savanna School District that the
term of their representative on the Parks & Recreation Commission has expired,
and a recommendation is requested by the City Council.
CULTURAL ARTS COMMISSION APPOINTMENTS: On motion by Councilwoman Kaywood, seconded
by Councilman Sneegas, Jack E. Brown and Mrs. Wesley B. (Mary) Jones were reap-
pointed to the Anaheim Cultural Arts Commission for the ensuing terms ending
June 30, 1979. Councilman Pebley absent. MOTION UNANIMOUSLY CARRIED.
LIBRARY BOARD APPOINTMENT: On motion by Councilwoman Kaywood, seconded by Councilman
Thom, Reuben P. Hughes was reappointed to the Anaheim Library Board for the ensuing
term ending June 30, 1979. Councilman Pebley absent. MOTION UNANIMOUSLY CARRIED.
COMMUNITY REDEVELOPMENT COMMISSION APPOINTMENT: On motion by Councilwoman Kaywood,
seconded by Councilman Seymour, Herbert Leo and Glenn P. Fry were reappointed to
the Community Redevelopment Commission for the ensuing terms ending June 30, 1979.
Councilman Pebley absent. MOTION UNANIMOUSLY CARRIED.
ADJOURNMENT: Councilman Seymour moved to adjourn. Councilman Thom seconded the
motion. Councilman Pebley absent. MOTION CARRIED.
Adjourned: 4:22 P.M.
Signed
City Clerk