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1975/10/2875-946 City Hall, Anaheim, California - COUNCIL MINUTES - October 28, 1975, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: INTERIM ASSISTANT CITY MANAGER: William Griffith CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts FINANCE DIRECTOR: M. R. Ringer ZONING SUPERVISOR: Annika Santalahti ZONING ENFORCEMENT OFFICER: Whitey Walp ASSISTANT PLANNER: Bob Kelley CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer PERSONNEL DIRECTOR: Garry O. McRae STADIUM, CONVENTION CENTER & GOLF COURSE DIRECTOR; Tom Liegler MANPOWER PLANNER: William Hepburn Mayor Thom called the meeting to order and welcomed those in attendance to the meeting. INVOCATION: Reverend Gordon Sloan of the Melodyland Hotline Center gave the invocation. FLAG SALUTE: Councilman Calvin Pebley led the assembly in the Pledge of Allegiance to the Flag HALLOWEEN BOARD OF GOVERNORS~ ANAHEIM CHAMBER OF COMMERCE - PRESENTATION: Mr. Stewart Link, on behalf of the Anaheim Halloween Board of~Governors~presented Council Members with official souvenir Halloween'"T'~ shirts. On behalf of the City Council, Mayor Thom commended Mr. Link and the Halloween Committee for the successful Halloween Festival. MINUTES: Minutes of the Anaheim City Council Regular Meetings held September 16, 23 and 30, and Adjourned Regular Meeting held October 2, 1975, were approved with the following addition to page 844, end of paragraph 2, on motion by Councilwoman Kaywood, seconded by Councilman Seymour: "... at this particular time. She also expressed concern that the State would levy and collect such a tax and simply bypass the City." MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Snee§as 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. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $357,470.79, in accordance with the 1975-76 Budget, were approved. GROUP HEALTH INSURANCE - BLUE CROSS OF SOUTHERN CALIFORNIA; Personnel Director Garry McRae reported on response received from Blue Cross of Southern California to the City's request pertaining to continuation of the Blue Cross Group Contract, commencing November 1, 1975, to the end of the year. Blue Cross agreed to a month-to-month arrangement with the City at the rates specified in their annual proposal. These rates were $30.98 for the employee only, $76.53 for employee with 1 dependent, and $98.70 for a family rate. He further reported that the letter from Blue Cross specified that if the total ~xpen~e~ d~fin~d a~ the of claims incurred commencing November 1, 1975 and thereafter during the continua- tion of the agreement, plus an administration charge of 7.74% of income generated by said monthly rates exceed~ the total income derived from the monthly rates, the City of Anaheim shall be liable for such excess. In response to Council questioning, Mr. McRae advised that the family rates quoted were a 30.6% increase over the previous year. He reported that 24 requests for proposals had been mailed to known firms, said proposals to be submitted by November 18, 1975. 75-9/+7 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28, 1975, 1:30 P.M. On motion by Councilman Thom, seconded by Councilman Seymour, the Personnel Director was authorized to execute agreements with Blue Cross of Southern Cali- fornia on a month-to-month basis, as outlined. MOTION CARRIED. GROUP LIFE INSURANCE - TRAVELERS INSURANCE COMPANY: Mr. McRae reported that a reduction in premium rate with Travelers Insurance Company had been negotiated for renewal of the Group Life Insurance program, a savings of approximately $2,862.00 total for the City, and a similar amount for the employee grouP, based on the current insurance in force. On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the Personnel Director was authorized to execute agreements with Travelers Insurance Company for full renewal of the Group Life Insurance program, as reported. MOTION CARRIED. UNUSED SICK LEAVE CREDIT: City Attorney Alan Watts reported that notification had been received from the Public Employees Retirement System (PERS) that the credit for unused sick leave, as authorized by-the City Council in May of 1975, has been approved and will be implemented in accordance with instructions of the Anaheim City Council. SECURITY PACIFIC NATIONAL BANK LEASE - AMENDMENT: City Attorney Alan Watts briefly reviewed the background of .the Joint Powers Agreement with the San Gabriel Valley Municipal Data System (MDS), advising that in 1974 when the City entered into said agreement, the MDS was experiencing a problem as a Joint Powers Agency with regard to whether the interest they paid to acquire the computer was tax exempt. The City of Anaheim agreed to undertake the responsibility and entered into an agreement with Security Pacific National Bank to acquire the facility, subject to the lease and option being transferred to MDS when the tax problems were settled. Letters had been received from the bonding attorneys for MDS, O'Melveny & Myers, indicating the basic resolution of the problem, subject to an amendment to the agreement to provide for an option specifically giving the City the right to exercise the option on paying the unpaid balance on the equipment, as recommended by the bonding attorneys. RESOLUTION NO. 75R-547: On the recommendation of the City Attorney, Councilman Sneegas offered Resolution No. 75R-547 for adoption, authorizing'an amendment to the lease with Security Pacific National Bank, authorizing that an additional provision be inserted into the lease, thereby removing the computer from the City's name and placing it under MDS? Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF LEASE AMENDMENT NO. 2 TO THAT LEASE DATED DECEMBER 12, 1973, BETWEEN SECURITY PACIFIC NATIONAL BANK AND THE CITY OF ANAHEIM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID LEASE AMENDMENT NO. 2 ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-547 duly passed and adopted. JOINT POWERS AGREEMENT, MDS - AMENDMENT: Mr. Watts reported that in connection with the earlier Management Practices audit of the Da~a Processing Division, the Arthur Young & Company had reviewed the agreement between the City and MunicRpal Data System (MDS) and felt that a "hold harmless" provision should be inserted into the agree~ ment. In his review thereof, he concluded that the hold harmless provision already contained in the agreement was not as effective as it might be, and a proposed amendment had been prepared and submitted for Council consideration which would provide that for any liability to a third party, each Joint Powers Agreement Member 'Entity would bear a liability proportionate to its share of the cost of that opera~ tion. He advised that currently, MDS picks up approximately 55% of these costs, while the City of Anaheim is responsible for approximately 45%, 75-948 City Hall, Anaheim, California - COUNCIL MINUTES - October 28, 1975, 1~30 P.~. In response to question by Councilman Seymour, Mr. Watts counseled that in the event some action by one of the other member cities created a liability, the City of Anaheim would be responsible for the computer portion of the sustained loss, but would have no operational responsibility to other cities involved, except through MDS which is the Joint Powers Agency. RESOLUTION NO. 75R-548: On the recommendation of the City Attorney, Councilman Seymour offered Resolution No. 75R-548 for adoption, authorizing a first amendment to the Joint Powers Agreement with MDS for the operation of a joint computer facility. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANAHEIM AND SAN GABRIEL VALLEY MUNICIPAL DATA SYSTEM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID FIRST AMENDMENT TO JOINT POWERS AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-548 duly passed and adopted. ANAHEIM HILLS GOLF COURSE GREEN FEES: Stadium, Convention Center and Golf Course Director Tom Liegler addressed the Council advising of the special weekday green fees of $12.00 for two people, including use of a golf cart, and requested that the golf course fee resolution for Anaheim Hills Golf Course reflect this special rate. Councilwoman Kaywood inquired whether the rate would be offered without a request from the customers, or whether it was effected through presentation of a coupon. Mr. Liegler replied that the special weekday rates would apply to any two people; no coupons would be involved. RESOLUTION NO. 75R-549: On the recommendations of the City Attorney and the Stadium, Convention Center and Golf Course Director~ Councilman Seymour offered Resolution No. 75R-549 for adoption, establishing new green fees at the Anaheim Hills Golf Course. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING GREEN FEES TO BE CHARGED AT THE ANAHEIM HILLS GOLF COURSE, AND RESCINDING RESOLUTION NO. 72R-513. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-549 duly passed and adopted. C ~ , ANAHEIM HILLS GOLF COURSE PROMOTIONAL PROGRAM ~. LET'S DINE OUT OM~.~: Mr Watts reported that the resolution Just adopted did not include the "~~or one" concept proposed in the promotional program with the Let's Dine Out Company, where two people could play golf for the price of one under certain conditions, and he recommended the adoption of a resolution approving an agreement to be executed by the.Stadium, Convention Center and Golf Course Director with the Let's Dine Out Company relating to a promotional program at the Anaheim Hills Golf Course. RESOLUTION NO. 75R-550; On the recom-endation of the City Attorney, Councilman Seymour. offered Resolution No. 75R-550 for adoption, 75-949 City ~all, Anaheim, California - COUNCIL MINUTE~ - October 28.~ ~975, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF ANAHEIM, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND LET'S DINE OUT CO. RELATING TO A PROMOTIONAL PROGRAM FOR ANAHEIM HILLS GOLF .COURSE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneesas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-550 duly passed and adopted. ANAHEIM VET/SPLIT JOB PROGRAM {H81320) - OPERATIONAL~FUNDING: Project summary of the proposed Anaheim Vet/Split Job Program was reviewed by the City Council, together with memorandum from William R. Hepburn, Manpower Planner~ requesting authorization for the expenditdre of $73,618.00 of fiscal year 1975-76 CETA I Entitlement Funds granted by. the Orange County Manpower Commission to operate the Anaheim'Vet/Split Job Program froTM October 1, 1975 tO June 30, 1976. Councilwoman Kaywood referred to the last paragraph on page 4 of the summary containing a list of local college campuses which would be notified of recruitment time for veterans to participate in the program, and she suggested that the California State University at Long Beach be included therein since many Anaheim Veterans are students at that University. RESOLUTION NO. 75R-557: Councilman Seymour offered Resolution No. 75R-557 for adoption approving expenditure of $73,618.00 of fiscal year 1975-76 CETA I Entitle- ment Funds for the operation of the program, as requested. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANAHEIM VET/SPLIT JOB PROGRAM AND AUTHORIZING DISBURSEMENT OF FUNDS FOR APPROVED ACTIVITIES. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-557 duly passed and adopted. RESOLUTION NO. 75R-551: On recommendationof the City Attorney, Councilwoman Kaywood offered Resolution No. 75R-551 for adoption, authorizing amendment to Resolution No. 2352, removal of Condition No. 2 therefrom, thereSy assuring that it is the intent of the City Council that the Mother Colony House will be maintained in perpetuity. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2352 PERTAINING TO "THE MOTHER COLONY HOUSE." Roll Call Vote. AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-551 duly passed and adopted. ANAHEIM STADIUM FOOD AND BEVERAGE CONCESSIONAIRm: Stadium, Convention Center and Golf Course Director Tom Liegler reported that the contract with Canteen Corpora- tion for the food and beverage concession at Anaheim Stadium will expire April 9, 1976, and he proposed that a committee consisting of representatives from'the 75-950 City Hail., Anaheim, California - COUNCIL MINUTES - October 28, !975, Offices of the City Attorney, City Manager, Anaheim Stadium and the California Angels immediately commence interviews with the 14 interested food and beverage contractors, including Canteen Corporation. He advised that a decision would be made as to what type of contract would be employed, a management fee, flat per- centage or a cost-plus contract. At that time the City Council would be requested to participate in final interviews of the proposed concessionaires selected by the committee. In response to question by Councilman Pebley, the City Attorney reported that in 1966, the City did not go to formal, publicly advertised bidding. Proposals were solicited from a sizeable number of organizations and the City entered into a lengthy procedure of selecting prospective concessionaires. At that time there was a Stadium Commission which was actively involved in the process and advisory to the City Council. Mr. Liegler pointed out that at that time, the circumstances were different in that the prospective bidders were expected to furnish a substantial sum of money for the installation of equipment, which will become the property of the City of Anaheim at the end of the contract terms with Canteen Corporation. He recommended that the next concessionaire contract be for a five-year term to allow sufficient time for a complete evaluation. He invited Members of the City Council to sit in on interview sessions with.prospective contractors, stressing that no negotiations would be taking place during these preliminary interviews. Discussion was held, and although Councilman Sneegas had considerable experience in this field, he stated he could not participate in the interviews inasmuch as he conducted business with several of the interested firms. Councilman Pebley saw no reason for any Council Member to participate in the preliminary sessions, with the possible exception of Councilman Sneegas. The City Attorney concurred that the possibility of Councilman Sneegas' having a conflict of interest did exist. Mr. Liegler advised that the Committee would meet and conduct the interviews, keeping the Council informed of meeting dates and progress. By general consent, the City Council concurred with the method of interviewing prospective food and beverage contractors for the Stadium concession and the re- view with Council with those selected, as outlined by Mr. Liegler. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 74-75-41 (TRACT NO. 8710): Public bearing was continued from the meeting of September 30, 1975~ at the request of the Applicant, Nor'east Plaza, Ltd., requesting rezoning from CL and CH to RM-1200, to establish a 7-lot subdivision on the west side of Kraemer Boulevard, between Crowther and Orangethorpe Avenues. The Deputy City Clerk reported on communication dated October 17, 1975, from Robert P. Warmington of the Warmington Company, advising that they had entered into escrow on the property and the owners have authorized them to request with. drawal of subject reclassification. On motion by Councilman Pebley, seconded by Councilman Seymour, request to withdraw Reclassification No. 74-75-41 and Tract No. 8710 was approved. MOTION CARRIED. CONTINUED PUBLIC HEARING - VARIANCE NO. 2721: Public hearing was continued from the meeting of October 7, 1975; submitted by E. J. Johnson to construct a free-standing sign on ML property located at 711 South East Street, with code waivers of: (a) maximum number of signs, (b) permitted sign location, and (c) minimum distance between signs. The City Planning Commission, pursuant to their Resolution No. PC75~181, found that the Director of the Planning Department has determined that the proposed activity falls within the definition of Section 3.01, Class 11, of the City of Anaheim Guidelines to the requirements for environmental impact report, and is, therefore, categorically exempt from the requirement to file an E,I,R,; and further~ denied Variance No. 2721. 75-951 City Ha.ll~ Anaheim~ California - COUNCIL MINUTES - October 28, 1975, 1:30 P.M. Appeal from action taken by the City Planning Commission was filed by Bill Murray, President, the Metz Corporation, and public hearing scheduled October 7, 1975, and continued to this date to allow the Applicant to be present. The Deputy City Clerk reported on verbal request received in the Office of the City Clerk this date for an additional continuance of one week. On motion by Councilman Pebley, seconded by Councilwoman Kaywood, public hearing on Variance No. 2721 was continued to November 4, 1975, 2:30 P.M. MOTION CARRIED. PUBLIC HEARING - ORDER TO SHOW CAUSE - CONDITIONAL USE PERMIT NO'. 1373: Open Road, Anaheim, to show cause why Conditional Use Permit No. 1373 permitting the sales of recreational vehicles at 866 South West Street, should not be revoked for the reason "the use for which approval was granted has been so exercised so as to constitute a nuisance". Report from the Planning Department - Zoning Division - dated October 28, 1975 was submitted for Council consideration, together with verbal report of the City Attorney advising of recent events leading to this public hearing and that notice thereof had been personally served on Open Road. Mr. Walp reviewed the events in chronological order from the time this subject was discussed with the City Council on April 22, 1975. He advised that due to numerous complaints received regarding the noise emanating from the Open Road public address system, even from the north side of the freeway, he had discussed the situation with both the current Manager, Mrs. Mawr, and Vice President of the Open Road Corporation, Mr. Hiller. He was informed that the public address system is turned off at 5:00 P.M. and not used until the following day. Mr. Walp reported that he and Mr. Kelley visited subject property for the purpose of taking sound pressure level readings, and on the first occasion there were no violations. However, on a subsequent occasion a City employee took readings between 1:15 and 2:15 P.M. at the property line ranging from 63 to 70 dba, in excess of the 60 dba allowable by Code. In reply to Mayor Thom, Mr. Bob Kelley advised that when he visited the property, both music and voice paging were being amplified over the public address system. Mayor Thom referred to the Council minutes of April 22, 1975 at which time the Mmnager of the Open Road facility had agreed to discontinue the playing of music and to utilize the public address system for voice page of salesmen only. Apparently, according to subsequent investigation, Open Road Recreational Vehicles has not lived up to their word. Councilman Pebley noted that if the prime function of the address system is to page salesmen for telephone calls, etc., this facility should investigate the possible use of radio page units for each salesman rather than a public address system. It was reported by staff members that this suggestion had been made as well as the use of a bell or chime system similar to that used in department ~tores. Mr. Kelley also advised that another option pointed out to the management was re- design of the existing public address system to change the situation from one l'arge speaker pointing outward from the center of the property to several smaller speakers located at the perimeter and pointed inward. Mr. Walp stressed that a considerable amount of City employees' time has been involved in the receipt and investigation of complaints relative to this noise problem. The Mayor asked if a representative of Open Road Recreational Vehicles was present. Mr. Stanley Heller, Vice President, Open Road Industries, advised that they do intend to be a good neighbor and wished to be cooperative, recognizing that this is a commercial establishment and the three-acre parcel is very long, In order to be able to reach sales people on the site from the office, a speaking system or paging'system of some type is necessary. He reported that he has had meetings as far back as one year ago with members of the City personnel to investigate the complaints, and on these occasions he thought it was agreed that there was no 75-952 City Hall, Anaheim~ California - COUNCIL MINUTES - October 28,. 1975~. 1:30 P.M. violation. He stated that it was not until he received notice of this public hearing that he was aware there were problems once again. He stated that the controls for the amplification system are located in the warehouse and are not easily accessible. In response to Council questions, Mr. Heller advised that the installation of smaller speakers on the perimeter of the property would be very expensive and not a feasible solution. Re advised that he was willing to make a corporate commitment that no music would be played over the amplification system and that it would be utilized only for the purpose of paging. The Mayor advised that this is essentially the same agreement made last April by the Manager at that time at the facility and has not alleviated the problem. During Council discussion of the possibility that they might add a condition to the conditional use permit to preclude the playing of music over the loud speakers at this facility, Councilman Snee§as stated that he did not think it fair to subject the surrounding residential properties to even the paging system~ particularly on Sundays and Holidays as this is~equally annoying. He remarked that it would be a much better solution for the Open Road facility to use a paging method which would not create a noise problem for anyone, such as the individual radio page units suggested earlier. Mr. Heller stated that he would live up to the commitment made that no music would be played on the speakers and requested that this matter be deferred to another meeting so that he might have an opportunity to investigate alternative methods of paging the salesmen. Councilman Seymour added to the discussion that he never voted in favor of this conditional use permit in the first place, but recognizes now that it is established it does have a right to do business. However, he stated that he con- curred with Councilman Sneegas' remarks that the residents also have rights and their environment should be protected. In additional discussion the Council Members determined that there WOuld be no logic in continuing the decision on this matter to another meeting, when the intent of their action is to remove the use of the outdoor public address system at subject property since it has been demonstrated over the past year that adequate controls cannot be maintained over the use of same. Councilman Sneegas clarified that the intent of the Council's action would be to prohibit an amplification system directed to the outside of the facility, and that this would not restrict use of speakers, etc., in the interior of the offices and sales building. RESOLUTION NO. 75R-552: Councilwoman Kaywood offered Resolution No. 75R-552 for adoption adding the following condition to those conditions imposed pursuant to Planning Commission Resolution No. PC73-31 which granted Conditional Use Permit No. 1373 in part: "That a public address system, intended to amplify and broad- cast music, verbal messages or other audio-communications on the outside of the buildings on subject property or intended to be audible outside said buildings, shall not be permitted in connection with the activity authorized under this conditional use permit. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A CONDITION TO CONDITIONAL USE PERMIT NO, 1373, Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R~552 duly passed and adopted, 75-953 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 28, 1975~ 1:30 P.M. PUBLIC HEARING - ABANDONMENT NO. 75-4A: In accordance with application filed by Horst J. Schor, Texaco/Anaheim Hil~, Inc., public hearing was held on the proposed abandonment of a portion of dedicated right of way of Serrano Avenue, pursuant to Resolution No. 75R-518 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending unconditional approval. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-553: Councilman Sneegas offered Resolution No. 75R-553 for adoption approving Abandonment No. 75-4A. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION. AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (Abandonment No. 75-4A). Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-553 duly passed and adopted. PUBLIC HEARING - ABANDONMENT NO. 75-6A: In accordance with application filed by Mr. and Mrs. Kenneth F. Cares, public hearing was held on proposed abandonment of an existing public utility easement at the southeast corner of Coronet and Minot Streets pursuant to Resolution No. 75R-523 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending unconditional approval. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-554: Councilman Pebley offered Resolution No. 75R-554 for adoption approving A~a-ndonment No. 75-6A. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (Abandonment No. 75-6A). Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-554 duly passed and adopted. EXTENSION OF TIME - TEMPORARY TRACT SIGN: (1188 North Euclid Street) Request submitted by Mr. A. R. Zimbaldi of Cabot, Cabot and Forbes, Inc.~ 2182 DuPont Drive, Irvine 92664, dated September 30, 1975, for a one-year extension of time on a temporary tract sign located at 1188 North Euclid Street and further to maintain a metered light for said sign to be used after office hours, was presented for Council consideration together with report from the Building Division. On motion by Councilman Pebley, seconded by Councilman Seymour, a one,year extension of time, expiring November 11, 1976~ was granted for the temporary tract sign on property located at 1188 North Euclid Street and to maintain a metered light for the sign to be used after office hours, MOTION CARRIED. 75-954 City iiall~ Anaheim~ California - COUiJCIL !II.ioz~., - OctOber 0'1 1975 1:30 P.l.I. ~ ...... ~-' ~ .... ~ ...... TIE\C2' ~J(). ~7~{3 - E:[T1~i~SIO:j O~~ TI.'[]2: Request of James J. ~-IcCarthy of VT~, 2301 Campus i)rivc, Irvine, California, !}2~6.3, dated Auf:u:~t 2.!5, 1975, for a one-year extension of time to Tentative Tract ~Io..>"7'~3.., was .~3ub~;-titted together witl~ reports and recommendations fro~ the Planning I)epartment and City Engineer. ~a~_ City Engineer reco;mn~ends that the one-year extension of tine be i;ranted, expiring Dece::xber !O, 197~ subject to t1~e following conditions: 1. If permanent street na~.~e signs have not been instailcd, te~'~porary street name signs shall be installed prior to any occupanc)z. _.° That the owner(s) of subject property s~all pay $o~o~,.:~_,/acre Jrainage fees to the City of Ana]~ei~:~ as adopted by t,~c. City Council for the Peralta i~iils '.lei~abursc~:~ent Area for t;xat portion of Tract 1~o. ..;733 that lies within t'~is area 'prior to approval of a :final tract 3. P. evise Condition ~o 7~~ I?,~ tleletin[~ the ~ · . :a,,t two (2) sentences :~:~' in lieu of add the following: "The ulti=~ate point of disposal for tl~e drainage facilities required of Tract No. 87~}3 shall be the south end of tl~e exist ' xn~, facility under the Santa Ana Canjon Road o~ the west :;ide of Royal ileal :i." ~otion by Cou]~cil~:~au Sey:,]our, seconde.[ b7 Councilwoman i~e:~iay, the City ~'~ranted a one-year e~tension to Tentative !ia?, Tract l~o. G7~.~3 expiring 1), 1976, suoject to tho conditions reco:~m~ended b~ the City Engineer forth above. oi7 :ir. ;]dward G. '.lebb, ~febb Construction Co~:~pany, 1744 L~est ilatelia Avenue, iIO. .,], ~)ran~;e, 92667, dated ,October 3, !975, for a t]xree-year retroactive e:~tension o'~ ti~_]e for iC.l-l?,)0 ~ ' ~ .... onzn~ to permit the construction of a 32-'dnit apartment co,:~lex on the south side of Oran,~je Avenue, east of Knott Street, was submitted to,:iet:,~er with reports from. the City Engineeran'~ Planning Department reco~:~- r~endinc t]~e requested extension of ti~]e be granted, subject to receipt of bonds for street lighting facilities on Orance Avenue within. 6*q days. On motion by Council=~an Pebley, seconded by Council.nan Thom, the City Council sranted an extension of time to Reclassification ~o. 71-72-47 anC Variance lis. 2369, retroactive to December 13, t'~72, e;q~iring December 13, 1~)76, sul~ject to receipt of bonds for street !lEi]ting facilities on Oranoe Avenue ~iti~in 6.0 days and further requiring that current parlcini; standards be adi~ered to. ?IOTIOiI CARI~IE~). Ii~2Ci~ASSIFIC.'ITIO~ ~IO. 5:3-5~-119 - E],iTE~4SIOi~' OF TI~h~;: (Conditional Use Pen:~it lj74) !lequest of V. E. Renner and M. !C. Schumacher for a retroactive extension of tine to ileclassification No. 5~-59-119 for CL zonia,,; at the northeast corner of Pal~:~ Street and Ball Road, was submitted togett~er with reports from the City En~%ineer and Planning Department - Zo~ing Division. The City Engineer recon- ~ended said extension of time be granted subject to the posting of a new bond fo~- ~;treet i~provements and street li:}hting facilities wit,s, in 6:] days. On motion by Council~'~an Seyi~our, seconded by Council~:~an Pabley, the City Council granted an extension of time retroactive to i~ove~ber 15, 1959~ e:q-~iring .;ove~ber 13, 1976, subject to the postins of a new bond for street i~aprovements and ~treet lighting facilities within 60 days as reco~:m]ended by the City Engineer ~iOTIOi~ ~ "~ Councilman Sey,.nour left the Council Char~ber. (3:20 P.il.) .,~i]](~UI]ST - POSTPOi~EiIEi~T OF DP~IIi~AGE FEES: Request of Robert W. Bell, Sharpless & ~ell Real Estate, to postpone payment of drainage fees (in the amount of $3,150 per acre) to prior to issuance of building pernits rather than prior to approval of a parcel map in connection with property located south of Santa Ana Canyon iload bet~een Anaheim iIi!ls Roa~ and the ~uture alignment of Fairmont Boulevard, was continued two weeks to the meetinf~ of bIovember 11, 1975, on motion by Councilwoman ]iaywood, seconded by Councilwoman Thor~. Council~aan Seynour te~porarily absent, l[OTIOi~ CARXIED. C~.II][I::AL JUSTICE PL,~2I .~*~O*" - :~_o~, .., T (O~IA2~GZ COU:~TY~: The Criminal Justice Plan submitted by Lee !{isner, Orange County Criminal Justice Council, as well as the inplementation program for said plan, were autl~orized to be removed fro~,~ the Agenda as requested by Police Chief Bastru~, pendin?~ further notification b,y 75-955 Ci..t~, :iall; Anaheim; California - COU~CIL rlIi~UTliS - October 23~ 1975~ l:3q P.II. {7,~ief Bastrup when a representative of the Criminal Justice Council will be able to discuss the plan in detail. Councilr.~an Sey~4our temporarily absent. Councili~mn Seymour returned to tlm Cou~tcil Cha~aber. (3:22 P.?.l.) A;iAIU) OF C()llTiL,\CT - i,*Oilil O&'!q~.~, ilO. q59: ~lrs. Roberts reported that in view of t}~e fact tlmt the low bidder for ;fork Order ~o. 359 did not submit a bond, cashier's check, certified ch,ack or cash with his bid, the City Engineer reco:n:~ended the contract for traffic signal raodification and safety ].ightinl~; installation at the intersection of l'~uclid Street and Roi.meya Drive be swathed to tlm second low bidder, Baxter-Griffin Co~tpany, Inc. at ~[r. ~,:atts reported that for so:-te reason .th. ese jobs were not listed on tl~e "green sheet" used by bidders for infor~aation on such contracts, and consequently had very little notice. One of the two bidders was unable to get tlm bid bond fro~a his bonding company in ti~,~e to submit it together wit]~ tl~e bid. -i.;r..,"arts advised t!~at tile Council has two alternatives: 1) award the' contract to the second low bidder as recommended by the City Engineer; or 2) reject all bids and readvertise tile .]o!~. Upon ascertaining fr°n the City Engineer that it would ta1:e an additional ten weel:.s to readvertise, open bids and make ne~z recommendations for the award of this contract, and recognizing that there was some uraency to complete this modification and lighting installation due to the lengthy petition submitted in connection therewith; further recognizing the differential in cost between the low and second low bid is approxinmtely $509, the Council felt it more reason- able to accept the City Enl;ineer's reco::~mendation. Councilman Snee~as was concerned, however, that if the contractor had not been sufficiently notified, this was beyond his control and he did not wish him to lose a contract because of any error on the City's part. i'lr. ~latts explained that he did not zman to imply there was any mistake on the City's part, that the "green sheet" is a private organization which presents bid infomnation in an informal business operatinc situation, and that it is no fault of the City t]tat the information was not contained in that publication. ~'lr. Watts counseled against accepting the low bid in this situation inasmuch as, in his opinion, the bidder failed to supply a material part of the bid and this could not be construed a technical error. RIiSOLUTIOI.I i~O. 75R-555: In accordance with recormaendations of the City l.ingineer, Councilman Thom offered Resolution No. 75R-555 for adoption. ',{efer to Resolution Book. A I~SOLUTIOi; OF TilE CITY COUi~CIL OF Tlig CITY OF Ai.IAiiZI~I ACCEPTIiIG A SEALED PIIO- POSAL A2~D AI~ARDIi~G A COI?TP~iCT TO Till] LOb'EST iIESPO,qSIBLi] BIDDER FOR TiiE FUi~ISH- IilG OF ALL PLANT, LABOR, SERVICES, }.'LITE2IALS ~M~]) EQUIPI.~iIT A!IO ALL UTILITIES AilD T~LAiISPORTATIOi. I, IiICLUDIiiG POITER, FUEL A~D WATER, Ai~'D PERFOPdiIi.IG ALL WORil ]iECESSAP, Y TO COiISTiIUCT A2~D CO:~?LETE Tile FOLLO]~IiIG PUBLIC II~ROVE~i'4T: T1UiFFIC I;IGiIAL :IODIFICATIOII A2ID SAFETY LIGIiTIh~G Ii~STALLATIOll AT TiiE II';TEIiSECTIOi~ OF ]~CLID ,qTREET A2ID ROi.[i~EYA DRIVE, I~ Tiie CITY OF AiLAdiEI[~i, 14OXK O'i-~)ER NO. 859. .(gaRter-Griffin Company, Inc. - $14,790.0,.3) ~Ioll Call Vote: AYES: COU~,ICIL I.UEiiBERS: ~[asn-~ood, Seyzaour, Pebley, Sneegas and Thom ~OES: COUI~CIL ~'~[BERS: None · ~3SE~IT: COUNCIL !~ERS: None The ~yor declared Resolution No. 75R-555 duly passed and adopted. O:II)IilAilCE ~]0. 3479: Councilman Seymour offered Ordinance No. 3479 for adoption. Refer to Ordinance Book. 75-956 City ,[all; Ana)~e.i:~I California - C,)U,~CIL /iL;UTI;S - October 2,5; 1975; 1:31) F.;~. /~ O;,~)I,,,\,ICE OI: Till.', CITY OF A"b\iiEI/I ~%[]k;i)IEJG TiTLIi ld OF Tii~J £cSAiiZIil HUi;iCit'A]~ Call Vote: T}m ;iayor declared Or.linance :7o. 3470 duly passed and adopted. Counciltmn Thom offered Resolution No. 75!(-556 for adoption. xc~er to Resolution A :~.J5SOLUTI()/i ()F 'fli.~d CITY C01j~CIL 0i!' T:h~ CITY 0F AZAiiEIi[ DEL'.d[CiI_;I'if(] TAAT A i'~-tOi'()SZ~) ZLE:4X:~TARY SC]iOOL IS OF li~:'h~FIT TO T~iE RLf)EViiLOi'IL.j~T PROJiX~T "ALi'~iA" (intersection of :lohl Ranch Road attd Imperial iiighway) Roll Call Vote: AY]iS: COUNCIL '.,-M,h,~',,'°,o: Kaywood, Say,'tour a:~d Thom AO];S: COUNCIL '[Ei~i:i[S: Peb!ey and" , . oneeoas Aoo~.,I: COUNCIL ~H~[BEilS: ;Ione The 'hyor declared Resolution No. 75R-356 duly passed and adopted. TRACT NO. 7417 - RZ,~UEST FOR T,gSU~Qi oF BUILoING PE~,~iITS: Jlequest submitted by lit. Leonard Goodman, Pacesettar Horaes, Inc., 4540 Campus Drive, Newport Beach, California, for issuance of 12 building permits for homes in Tract No. 7417 currently being withheld by the Planning Department was submitted together with tile Cormaunity Noise Study and addendum thereto prepared by the Division of Environmental ]iealtl~ of the Orange County iiealth Department and report froze the City Planning i)epartment relative to the noise impact to be expected by residents of said tract. fir. Goodman stated that Tract No. 7417 was approved oil. December lt), 1974, ,'~ubject to the noise impact analysis prepared by Purcelle, Noppe & Associates, Inc., their acoustical consultant, lie advised that 33 out of 50 building permits were approved for Phase I of this tract on August 15, lr~75 and since tlmy have spent considerable time meeting witl~ City Staff anti tlte Orange County ilcalth Department regarding the sound impact on the remaining 12 lots. Subsequent to this, he advised that his company has agreed to elevate the existing wall 4 feet; and to alleviate any concern that the required 45 db C:~EL is met indoors with doors and windows closed, they have agreed to install air conditioning in those i~omes located within 2'.')o, feet of the railroad rigl~t-of- wa f. In response to Councilwmqan Kaywood's question regarding the sound levels to be achieved for out of doors, Nr. Goodman stated that there would be tiiaes when the sound level is above 65 db C,.~EL, but generally from the readings they ]~ave taken they feel the 65 db C:~EL can be achieved. P]totographs submitted by City Staff to demonstrate the wall situation were reviexzed by Council ilembers. :Ir. Jack Purcelle, Purcelle, Noppe & Associates, 21905 Devonshire Street, C]~atsworth, 91311, advised that his acoustical consulting firm was first employed by Pacesetter ~iomas to assist in the evaluation of a site located one- quarter mile to the west of subject property, alon[i which the Atchison, Topeka and Santa Fe ',rain freight lines are contiguous. They took a series of noise measurements at that location based upon which certain recommendations concerning construction were ,made for the purpose of sound attenuation. Mr. Purcelle stated that subsequently, in 1974, they were asked to consult on noise mitigation measures for Tract No. 7417. They took an additional series of sound level readings at this site whicl~ were identical with those 75-957 City ilall~ Anahei~:~ California - COUi~CIL HIi~'OTL'S - October 2~I 1975.~ 1:3~ P.~. previously registered, ile stressed that both series of readinos were done ~i~rinj dayti~ae hours. Therefore they reco~ended that the sane noise miti'~ation measures e,~ployed in the construction of the ho~:~es within Tract No. 7417. Included in ~l~ese reco~aendations was the construction of a barrier located midway between the last row of houses and the railroad tracks. The design of this acoustical barrier was such that it would destroy the line of sight between the railroad and an observer standing on the lot upon which the houses arc to be con- structed. Subsequent to construction of the wall they were informed that t]~is did not destroy the line of sight to the trains and consequently the Orange County liealth Department was called in to review the situation and take sound level readings. :ir. Purcelle advised that the sound readings taken by the County were clone at nigi~t and disclosed that the trains at night utilize more engines and aarry ]~eavier loads resulting in sound readings 4 to 6 db higher than the previous series. ~. Purcelle stated that trains are the only transit vehicle not con- trolled by state and/or federal legislation to restrict noise e~aissions. i~lr. Purcelle concluded that based on the data obtained over the long run, the noise environment is stable within the design objectives, tie advised that they !~ave co~i]pared their measurements with those done for other railroad situations and these are rer~arkably similar, lie offered to cite literature on the subject. In response to Councilwo~:mn Ka~ood, ~. Purcelle explained that the existing wall is approxinmtely 90 inches high, and it is reco~ended that four feet be added to this. During discussion Councilwoman Ka~ood pointed out that it is plainly obvious from the photographs that since the track is visible the train will also be visible when it passes. She noted that presently 30 trains per day pass by this site and this is expected to increase, creating an untenable living environment. She also noted that there is a siding track at this juncture so that the trains do more than go by in a few seconds. i.~. Purcelle responded that the wall does break the line of sight as was required from the 12 rear most lots. lie indicated that the photographs submitted by staff were taken from further away, for which area there is no need to shield the line of sight. 12yor Thom noted that in the acoustical consultant's opinion, the four- foot addition to the existing wall would meet the intent of the requirement for noise buffering, lie inquired whether it is City Staff's opinion that the noise ~aitigation requirements recommended by the acoustical consultant would do the job. lir. Robert Kelley indicated that he did not think the proposed wall would accomplish the required reduction, but that it would require extensive sound level measurements over a long period of time to prove this statement. Councilman Seymour stated that it appears the developer attempted to perfoma minin~um job requirements and now that these appear insufficient because of the conditions disclosed, he is requesting that the Council waive some of the requirements. He remarked that he feels these are minimum requirements and should be upheld. ~. Purcelle urged that the Council defer decision and take the opportunity to visit the site. lie contended this would demonstrate that standing 50 feet from the wall, which is 100 feet from the railroad track, the train would not be visible and therefore the train could not be viewed from these 12 homes in question. t~. Goodman stated that this wall was built prior to HUD guidelines being established, based on the facts available at that time. lie. indicated that he was aware the wall would not have been approved as it is under current regula- tions, but that at the time Tract No. 7417 was approved there were different guidelines. .........Cit~, HallI Anaheinl California - COO,'CIL HIi.;UTiiS - October 23~ 1975~ l:3q P.ll. Hr. Kelley advised that HUi) zuidelines ~ere in existence loni:; before this project, lie further noted that tim IIUD requirement is tl~at there be sight line screenin$ from a distance of 600 feet from tls railroad track and not just the first 2~)3 feet as stated earlier. ilr. Goodman contenged that althou~;h tl~e ~all ~ould not be approved m~der current regulations, it meets tim intent of ~¢hat Council approved in December I'77 4. .~lr. Purcelle remarked that tls primary purpose of the wall is to act as an acoustic barrier and not a line-of-:;i:~ht sliield he exp±aine~ the mechanics of tim wall as it would reelect and redirect tlte noise from ti~ose structures lyinc s, ithin its acoustical shadow. At t!le conclusion of discussion, on motion by Councillaan Thom, seconded by Councilrmn Seyvaour, the City Council denied the request for issuance of the 12 builuzno permits for Tract k~. 7417, based on the determination that tls existin'G wall with the proposed 4-foot addition uo~ld not provide a line of si'silt i;arrier as specified in the ilUD guidelines. HoTI~X CARRIED. CLAI:~S A~li) APPLICATIOiiS Ti) FILl] LATE CLAI:i: On motion by Counciliaan Pebley, seconded by Council:aan Snee:~as, permission to present late claim submitted i~'y P]~illip Torres for purported loss and damages sustained on or about l~y 26, 1'7'75, was denied and tls follox-.~ing claius ',~erc denied and ordered referred to tim insurance carrier as reco:~unended by tls City Attorney: a. Claim submitted by Judi, Debbie and Lori Ann ];lane and Glenn Beilville for da~aages purportedly sustained as a result of Anaheim Police Officers, o~t or abo~t July lO, 1975. b. Clai;a submitted by ;;iliiam :.7. and Ruth i%a~':uson for injuries and d~u.m~;es purportedly sustained as a result of actions of Anahei~a Police :)fficers, on or about July 11, 1975. c. Clai~a submitted by tim Auto:mobile Club of Souti~ern California on behalf of i~alter 1!..Brennan for dana~es purportedly sustained as a result of condition of streets, on or about July 26, 1975. 'L,'JSOLUTIO:i lies. 7511-55] T]iilOUG]. 75R-5G2: Councilman Sneegas offered Resolution ~os. 75,-.~3 tllrough ~"~' ~'~ both inclusive, for adoption, in accordance ~,~ith tls ~eports, reco;:uaendations and certifications f~irnished each Council ~le~iber and as listed on the Co~isent CalendarAoe.l~a. ~u~fer to ,.esolutzon ooou. i[E',;()LUTION NO. 75R-55.'. - D]:i]~)Z OF EASiSiii~T: A ~I]JSOLUTIO~[ OF T;[S CITY COU.;CIL (:~anuel ~[. :lacias, et ux.; Frank Pic~:arJ, ~t ux.; George Uelton~ et ux.; Iielen T. 3ratt; Frank lI. Strode, et ux.; Samuel Ilomer Snow, et ux.; Laurence Il. Henderson, et ux.; Harry Fries, et ux.; ~torace W. Hemps:~ali, et ux.; Charles I~. Anderson; August Litz, et ux.; Gloria Ro~e) :li:SOLUTIOi~ N(). 75R-559 - ACCL'i'TA:~C7,~ i~,,)~t,l OiUJGK ]i2: A K2;SOLUTI:)N OF THE ,,iTY (]()UNCIL OF Tile CI'~ OF ~;lui~:i~.~ FIiL~LI' ACCEPTI~;G TiiE COi.~L~TIOi~ ~D 'LiE i~JK,;iSlili~G OF ALL FL~%~T, LAS<X[, SEXVICES, ~-5%TL,IIALS A.h) ]{~]UIPHE?~T Ai~D ALL F;tC!LITY AT TUILA i{EI,) PAR, i, I.[ Tile CITY OF ,~[]:I]1, UOid( O~L;)EiL iK). o12. (Devco Enterprises, Inc.) .... ~O~,U~IO,~ ~iO. 7511-560 - ACCLPTANCE~ WOFul Oap~ ~O. 343: A RESOLUTIOi~ OF CITY C()U;~CIL OF Til]] CITY OF ANAHLI~.I FINALLY ACCEPTING T:iL CO:~L~TIOi~ M~l) THE FU,C~ISI{I:IG 07 ALL PLzK';T, LASO:I, S]';]{VICES, }t, iTL'II'M~S ASd E(~UIPiD~NT ~iO ~L UTILITIES M{I) T]~ISPO[ITATION Ii;CLUDIHG POUEii, FUEL A~i]) WATER, AND TiLE ]~NCE OF ALL USRY{ NECESSARY TO CO]~STRUCT Ail;) C~)i~LETE Tiiii FOLLOWING PUBLIC I][PROVE]~NT, TO WIT: CO~STIIUCTION OF RiJSTRO0:i M~D STO~iGE FACILITY AT ].'AIIii, I]~ TIlE CITY OF ~h%ii:3Iil, UOIiK ORJ)LI{ NO. 343. (Slater Construction Company) 75-959 City ii,all,; Anaheim; California - COUNCIL MINUTES - October 2~]~ 1075; 1:30 P.M. tUCSOLUTION NO. 75R-561 - ACCEPTA2{CE~ WORK O~'d)ER NOS. 761-A AZ,q) 356: A 'RESOLUTION OF TIIE CITY COUi:CIL OF T~iE CITY OF ~'~tEIM FINELY ACCEPTI,~G Tile CO~iPLETIOi~ ~D Tile ~Ri'~ISiiI;~G OF ALL PL~T, LABOR, SERVICES, ~.~TERI~S E,~UIP~i~ ~D ALL UTILITIES ~D Ti~SPORTATION INCLUDING POWER, FUEL ~D WATER, · %~0 TIIE PEP~OII~CE OF ALL I'70!~2 NECESS~L%Y TO COjSTRUCT ~D CO~,~LETE THE FOLLOW- IJG PUBLIC I~ROVEi~NT, TO lilT: EAST STii~ET ~D SYCAi~ORZ STKEET SIDEWALK I~[PROVEiH~NT, IN TiiE CITY OF ~A}{EI~[, WORK ORDER NOS. 761-A ~:D 856. (l~rkel Cement Contracting~ Inc.) RESOLUTION NO 75R-562 - ACcEpTAi~CE~ .... · ,,O.,~ ORDER NO. 737-5: A RESOLUTION OF TIiE CITY COUNCIL OF TilE CITY OF AI~AiiEIlf FINELY ACCCPTI]~G Tile COI'~LETION ~D I~i~ISHIDG OF ~L PL~T~ LY~Oi~, S~VIC~S, ~P ~'~ ~DITERIALS ~D EQUIP!~NT ~D ALL UTILITIES ~D TIL~SPORTATIO~ I~CLUDIJG PO~;~i~, FUCL ~]j WATER, ~D - ~b~CE OF ~L WOFUl NECESSARY TO CO~S~OCi ~D COi-~LETE TIiE FOLLOi~IJC PUBLIC I~ROVE~i~T, TO ITiT: LA PALt-L:% AVENUE STREET II'~ROVEHENT, SUNKIST ST[~ZT TO o~z~ COLLEGE BOULEVARD, IN Tile CiTY OF ,t~A~EIM, IfORi20!ID'2R NO. '737-B (31air Paving, Inc.) ' ]Ioll Call Vote: AYES: COUNCIL ~"" .... ~(' '"~.~z,,o: Kay~,'~ood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL "~""~"~' ~ AZSEiIT' COUNCIL ,.~z~,~oc · : ,~ =~,~..o: l:one The ?'.hyor declared Resolution Nos. 75R-553 throutd~ 75R-562 both inclusive duly passed and adopted. ~ ' ' · '~TTM US~ OF "AZ~'IIE AND BEADY AZL~..,~,I. LOGO: Councilwoman Kaywood referred to tile letter received by Council from Dixie Edwards requesting permission to use "Annie and Andy Amaheim" characters in a book she is writing on Anaheim. lir. ~latts advised that the copyright for these characters is licensed by Disneyland to the Anahei~ Chamber of Co~mnerce and the City. tie advised that i~is office would review the license agreement to determine whether t]mre are any limitations on tile City's ability to permit the use of these characters. ~te indicated that a reconnnendation from the Attorney's Office would be zortnconing in one to two weeks. On notion by Councilman Pebley, seconded by Councilwoman Kaywood, thc City Council approved the use of the "Annie and Andy Anaheim" characters by Dixie Edwards as requested, provided there are no legal technicalities disclosed in the review by the City Attorney to prevent the City from granting same. MOTIOd CAiIR I ED. STATUS OF ACTION ON ROUTE 57 Ft~EWAY L~DSCAPIJG: Councilman Seymour requested a status report on the action presented to the State Attorney General's Office in connection with the completion of landscaping iono Route 57, a ~ the Orange Freeway. ~. Watts reported that his office ]md been in touch by telephone wit]~ the Deputy Attorney General but could not get an answer; that they have been advised a report has been prepared and is awaiting signature by Mr. Younger. Tt~FFIC PROBLEH ON LINCOLN A2ID WILStlIF~: Councilman Pebley stated that he has observed a problem with traffic backing up at the Lincoln and Wilshire intersection, lie noted that drive-over trippers have been installed at Lincoln and ~Mnchester, but traffic seems to pile up both east and west bound on Lincoln. Despite the fact that there is no cross traffic on Manchester, the light stays green for the full period of time. ~. Singer reported that the signal at the Lincoln and P~nchester inter- section operates on fixed time presently and will be maintained on fixed time until a traffic detector device is installed. XESIGNATION - LIBP~HtY BOARD; DARP~LL HOOVER: On motion by CouncilwOman Kaywood, seconded by Councilman Seymour, the City Council accepted the resignation submitted by Darrell F. Hoover from the Anaheim Library Board with regrets, and requested the City Clerk to express sincere appreciation for his services rendered. ~DTION CARRIED. 75-960 City iiall, Anaheir.}l California - COUUCIL HI"IUT~]S - October o.~ 1:~75 1:30 .... ~o~,: Councilwoman i~ia]aTood ~loved for a five-mii]ute recess. Councilraan Tho~a seconded the motion. ~,O~,IO_, CA~,~,..I~i). (4:15 P.~'[.) A?"FEi% REC]]SS: ~5~yor Thom called the neetin$ to order, all IIenbers of t:~a City Council being present. (4:2~ P.II.) ..... ~d~!,~ VILLAGE Iii FROPER~f O~r;~: ..... , "~" ~' tL,,:,z~cI~zIO_~,; Fi');'. e'"'~ ..... '~ 'Ir. l'aul Singer reported that in connection v~it~ the petition submitted to Council at their fleeting of October 21 1975 requestin[; restricted parking ~et~:een ~;lenoaks and Greenleaf Avenues at speciC'~' - ,.leu tiaa!es to permit access to tT~e curbs for street s%~eepin~] purposes, the Street S~eei~in6 Co~nnittee has :aet to ravie~.~ the possibilities of establis~ing ~uc~ '~arkin~,~ re~]trictions. The outco~e of the first meetin~; was tibet the probla~a' is ~:~ore co~q~le:: than it first a;~peared. They ,zill propose a 2ilot project, but are not at the present ti~ae 2rcpared to reco~end said program or the method of implementation. He reviev~ed some of the questions ~hich ]lave arisen in connection ~:ith project and advised that the proposal shout~! be ready for rcco:~u,.lendation approxi~.~3tely three to four vzeeks. 'Ir. 'barvi~ Siever~ President of Anailei~n Villa,qe Iii ~io'~ueov~ners Association res2onded to so~e of the cor~qents made by the Traffic En[~ineer regarding tl]is [~ro[;rat~ tliat tb.e street s~:eeper at present cannot Set ne:Ir t]~e curbs beck, use of tile parke,[ cars in their area an~l consequently in a situ~ition s~lc]l as breakdo~,~ of sweepin[] equip~aent there ~ou!d bcl no change at all over current :,~ainte,tance levels. ~[e re~tarked that it appears futile to ex+~a~d taxp~yers' fu~ds to rail the sweeper vtl~en it can only s~,geep tl~e lt~iddle of ~[le street. He added tibet in his area tt~ere are a number of apartment buildinzs and it is difficult to control the street littering rzhich occurs. As a resident and ho:aeo%.n~er i~ the City of Anahei:a, he urged t]lat an or:linance :orovidinz autl~.ority to curtail parking for the purposes of street s~eeping {}e en~'tcted, l-tr. Siever volunteered to ~neet and serve on the Street Sweeping Cor.~:~ittee vz]tic]~. ?ir. Singer described ~as corq~osed prit~rily of representatives frota various City Departt-aents. ~.Ir. Singer, l~owever, invite~{ IIr. Siever to attend and took '-'~ = ~]~o telep]~one number to advise o~_ scheduled Lleetings. ~Io further action was taken by the City Council at this tine pending report and recon~nendations fro~,~ the Street Sweepin~ Co~u~..~ittee i~,~ three to four · ~,',,,CUTIVE SZSSIO,~: Councilnan Pebley ~aoved to recess to Executive Session. Councilnan Tho~a seconded the ~notion. IiOTIOi~ CARgIED. (4:30 P.H.) AFTE'A 2ECESS: ?4~yor Thom called the meetin% to order, all >Iembers of the City Council being present. (6:13 P.H.) ADJ()o:~Ch~.~T: At the request of the Interi~a Assista~t City l~Slnager, Councilman ]'ebley ~oved to adjourn to Thursday, October 30, 1975, 3:30 P.H. Councilman Sey~.lour seconded the motion Adjourned: 6:15 ALOi:A ii. iIOUGARD, CITY C~.,~2 ];v: Deputy