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1971/06/0171-306 City Hall, Anaheim, California - COUNCIL MINUTES - May 25, 1971, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR PARK PURPOSES. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: (Shozi Property - Twila Reid Park) Roth, Thom and Stephenson None Pebley and Dutton The Mayor Pro Tem declared Resolution No. 71R-228 duly passed and adopted. ADJOURNMENT: Councilman Thom moved to adjourn. , tion. MOTION CARRIED. ADJOURNED: 5:25 P.M. Councilman Roth seconded the mo- City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - June 1~ 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: Roth PRESENT: CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson Mayor Dutton called the meeting to order. INVOCATION: Reverend George Dugard, of the West Anaheim Baptist Church, gave the Invocation. FLAG SALUTE: Councilman William J. Thom led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Dutton proclaimed June 5, 1971, "Save Our American Re- sources Day." MINUTES: On motion by Councilman Thom, seconded by Councilman Pebley, approval of Minutes of the Anaheim City Council Meetings held~May 18 and 25, 1971, was deferred to the next regular meeting. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, ~nd that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. 71= 307 City Hall, Anaheim, California- COUNCIL MINUTES- June 1, 1971, 1:30 P.M. .REPORT - FINANCIAL DEMANDS AGAINST THE CITY; Demands against the City, in the amount of $327,412.68, in accordance with the 1970-71 Budget, were approved. CONTINUED REQUEST - THUNDERBIRDS MAJORETTE CORPS: Request of Craig R. Mottaz, Manager of the Thunderbirds Majorette Corps, to carry the Anaheim City Flag in their Color Guard was continued to this date from the May 18, 1971, meet- ing at the request of the Applicant. Inasmuch as the Applicant was not in attendance at this .meeting, by general Council consent the City Clerk was authorized to remove the item from the Council Agenda. REVENUE SHARING: Request of Jim Townsend, Chairman of the Telephone Taxpayers' Con~nittee, was submitted to address the City Council on the subject of Revenue Sharing. The City Clerk reported notification had been received from the Orange County Division of the League of California Cities that the June 5, 1971 meeting scheduled with Congressman Charles Wiggins on the subject of Revenue Sharing had been cancelled. Mayor Dutton invited Mr. Townsend to address the Council. Mr. Townsend presented copies of April-May, 1971, "The Educator," (of which he is Editor and Publisher) and called attention to an article on Revenue Sharing. He suggested the City Council reconsider Resolution No. 71R-181 (May 4, 1971) supporting the concept of Revenue Sharing, since it was his opinion adoption of the proposed Federal Revenue Sharing Plan would mean local communities would be required to send $3.00 or $4.00 to Washing- ton, D.C. for every $1.00 returned to the community. Mr. Townsend further noted that the alleged "Architect" of the Revenue Sharing Plan,Murray Weidenbaum, had stated at a press conference that monies received from the Revenue Sharing Plan and going into local general funds would be controlled by the Federal Government and subject to periodic audits, thus making it possible for the Federal Government to also control local tax dollars. Councilman Dutton responded by stating that there are two types of Revenue Sharing Plans proposed by President Nixon, Special and General, and that under the General Plan 1.3% of the taxes collected from a com- munity would be returned without any strings attached. He added, however, that experience has proven that in the long run, revenues are not received from Washington, D.C. without strings attached. Discussion followed, and no Council action was taken. CHAMBER OF COMMERCE REPORT - NEW CITY HALL AND COM~I/NITY REDEVELOPMENT COMMISSION: Mayor Dutton invited representatives of the Chamber of ~ommerce to address the Council regarding proposa~submitted on a Community Redevelopment Com- mission and City Hall. Community Redevelopment Commission:' George Doherty presented a proposed ordinance, creating a Co~nity Redevelopment Commission, framed to con- form with the California Health and Safety Code. Ken Cotler recon~nended the City Council adopt the proposed ordi- ORDINANCE NO, 2934: Councilman Thom offered Ordinance No. 2934 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING THE PROCEDURAL PROVISIONS OF THE COM~/NITY REDEVELOPMENT LAW, TITLE I, CHAPTER 1.04 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 1.04.500 TO 1.04.550, BOTH IN- CLUSIVE, RELATING TO A COMMUNITY REDEVELOPMENT COMMISSION. 71- 308 .~ity Hall, Anaheim, California - CO~NCiL M~NUTES - June 1, 1971, 1:30 P.M City Hall; Merrill Skilling referred to and elaborated on the assumptions, conclusions and plans contained in their report on the City Hall, which main- tained a new City Hall could be built on the existing location, using indus- trial techniques and criteria, for a total of $4,000,000.00, which could be financed by savings in wages made possible through reduction in work force as a result of increased operating efficiencies. He stated that, although their report suggests the Northrup Adminis- tration Building could be used as an interim City Hall, this facility no lon- ger is available. Mr. Sktlling recommended action be taken on this proposal as soon as possible, since construction costs are rising continually and it is es- timated they will double within five years. In reply to Council and Staff questioning, Mr. Skilling offered to meet with City personnel to validate the space allocations and estimated costs set forth in the report. The Council agreed this would be desirable and directed Mr. Murdoch to meet with Mr. Skilling to discuss the proposal and report back to the Coun- cil. VARIANCE NO. 2066 - EXTENSION OF T!~R~: Request of Cedric E. Sanders, of Decon Cor- poration, dated Hay 13, 1971, was submitted for a six-month extension of time to Variance No. 2066, together with report of the Development Services Depart- ment recommending a one-year extension of time be granted to expire May 20 1972. , On motion by Council~n Pebley, seconded by Councilman Stephenson, a one-year extension of time to Variance No. 2066 was granted, as recou~nen- ded by the Development Services Department. I~0TION CARRIED. CONDITIONAL USE ~ERM~T NO. 964 - E~NSION OF TIMEI Request of Clarice Graham, dated May 13, 1971, was submitted for an extension of time to Conditional Use Permit No. 964, together with report of the Development Services Depart- ment recommending a one-year extension of time be granted, retroactive to November 24, 1970, to expire November 24, 1971. On motion by Councilman Stephenson, seconded by Councilman Pebley, an 18-month extension of time to Conditional Use Permit No. 964 was granted, retroactive to November 24, 1970, to expire May 24, 1972. MOTION CARRIED. RECLASSIFICATION NO. 68-69-35 - EXTE~SION OF TIME: Request of William D. Prichard, dated May 7, 1971, for a one-year extension of time to.Reclassification No. 68-69-35 was submitted, together with report of the Development Services De- part recommending a one-year extension of time be granted, to expire May 19, 1972. On motion by Councilman Stephenson, seconded by Councilman Thom, a one-year extension of time to Reclassification No. 68-69-35 was granted, as recommended by the Development Services Department. MOTION CARRIED. RESOLUTION NO, 71R-2~9 - W~_~K 0RP_mR NO. 5056: Councilman Pebley offered Resolution No. 71R-229 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEI~%Tf, TO WIT: THE MAGNOLIA AVENUE STREET IMPROVEMENT FROM SANTA ANAFREEWAY TO LAPALMAAVENUE IN THE CITY OFANA- HEIM, W(H~K O~DER NO. 5056. APFROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA- TIONS, ETC.; .AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NO' TICE INVITING SEALED P~OPOSALS FOR TME CONSTRUCTION T~EREOF. (Bids to be Opened - June 24, 1971, 2:00 P.M.) 71- 309 City Hall, Anaheim, California - COUNCIL MINUTES - June 1, 1971, 1:30 P.M. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIhX~.N: Stephenson, Pebley, Thom and Dutton None Roth The Mayor declared Resolution No. 71R-229 duly passed and adopted. RESOLUTION NO. 71R-230 - DEED~ OF EASEMENT: Councilman Stephenson offered Reso- lution No. 71R-230 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Arum Corporation; Anaheim Proper- ties, Inc.; Edna Pannier; George C. and Sylvia Rose; Edwin E. and Elizabeth R. Kettler and Palmall Properties, Inc.; The Lincoln National Life Insur- ance Company; Aztec Enterprises; The Free Methodist Church of Anaheim; Mary E. Fanti, Alfred G. Fanti, John G. Fanti; Lucio Q. Munoz and Esther D. Munoz; Thomas Sarac, Jr. and Winifred J. Sarac) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton COUNCILMEN: None COUNCILMEN: Roth The Mayor declared Resolution No. 71R-230 duly passed and adopted. PURCHASE - THEATRE EQUIPMENT: The Assistant City Manager reported theatre equip- ment had been purchased from Olympic Productions, Las Vegas, prior to Coun- cil action because of the necessity to act immediately, and recou~nended City Council approval of the purchase. On motion by Councilman Pebley, seconded by Councilman Thom, pur- chase in the amount of $3,500.00 was ratified, as recommended. ~0TION'CAK- RIED. PROPOSED ABANDONMENT - RESOLUTION NO. 71R-231: Councilman Thom offered Resolu- tion No. 71R-231 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (70-9A - June 22, 1971, 1:30 P.M. South side of Lincoln Aven~e, west of Dale Avenue.) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton COUNCII2~gN: None COUNCILMEN: Roth The Mayor declared Resolution No. 71R-231 duly passed and adopted. RESOLUTION NO, 71R-232 - FIRE PROTECTION TAX EXEMPTION: Councilman Pebley offered Ra~olution No. 71R-232 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT ALL FROPERTYWITHIN THE CITY SHOULD BE EXEMPT FROM COUNTY STRUCTURAL FIRE PROTECTION TAX. Roll Call Vote: 71-310 City Hall, Anaheim, California - COUNCIL MINUTES - June 1, 1971, 1:30 AYES: COUNCILMEN: Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Roth The Mayor declared Resolution No. 71R-232 duly passed and adopted. CORRESPONDENCE1 The following correspondence was ordered received and filed, on motion by Councilman Thom, seconded by Councilman Stephenson: a. Anaheim Public Library Board - Minutes - April 19, 1971. b. Before the Public Utilities Commission - Application of Sou- thern California Gas Company for authority to include in its tariff schedules a provision to relate charges for firm general service to deviations of re- corded temperatures from average temperatures. c. Before the Public Utilities Commission - Investigation into requirements for a general order of siting new electric generating plants and certain electric transmission facilities of all electric public utili- ties in the State of California. MOTION CARRIED. SANTA. ANA FREEWAY MODIFICATIONS: Correspondence from the Division of Highways was submitted, relative to the proposed modifications of southeastbound Santa Ana (Route 5) Freeway on and off-ramps in the vicinity of Katella Avenue and reconstruction of Haster Street-Anaheim Boulevard overcrossing - Requests for Hearing by June 18, 1971. Councilman Dutton stated he believed the Freeway system should pro- vide easier ingress and egress for Anaheim, and noted that the modified Santa Ana Freeway proposal still offered access to Anaheim only by way of Katella Avenue and nothing to the downtown area. Larry Sierk, Executive Vice-President of the Anaheim Chamber of Co~auerce, advised that the Chamber of Commerce will call for a Highway De- sign Public Hearing on the Santa Ana Freeway Modifications. ORDINANCE NO. 2929: Councilman Stephenson offered Ordinance No. 2929 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A}~NDING TITLE 18 BY ADDING THERETO CHAPTER 18.59 RELATING TO (SC) - SCENIC CORRIDOR OVERLAY ZONE. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNC II/~N: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Roth The Mayor declared Ordinance No. 2929 duly passed and adopted. ORDINANCE NO. 2933: Councilman Pebley offered Ordinance No. 2933 for adoption. Refer to Ordinance Book. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR PROCEDURES FOR ISSUANCE OF WATER REVENUE BONDS OF SAID CITY. Roll Call Vote: AYES: COUNCILMEN: NCE S: COb-NC ILMEN: ABSENT: COUNCILMEN: Stephenson, ~ebley, Thom and Dutton None Roth 'The Mayor declared Ordinance No. 2933 duly passed and adopted. ORDINANCE NO, 2930; Councilman Pebley offered Ordinance No. 2930 for corrected first reading. 71-311 City Hall, Anaheim, Californ~a - CO~r~¢II M~JTES - June 1, 1971, 1:30 P,M, AN ORDINANCE OF TI{E CITY OF ANAHEIM AMENDING TITLE 17, CHAPTER 17.06 OF THE ANAHEIM Mb'RICIPAL CODE. ORDINANCE NO, 2935: Councilman Stephenson offered Ordinance No. 2935 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM A/~NDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-11 - C-l) RESOLUTION NO. 71R-233 - ISSUANCE OF WATER REVENUE BONDS7 Councilman Stephenson offered Resolution No. 71R-233 for adoption. Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORI- ZING THE ISSUANCE OF $2,000,000 WATER REVENUE BONDS OF SAID CITY AND FRO- VIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SAID BONDS. Roll Call Vote: AYES: COUNCIL~N: NOES: COUNCIL~I~N: ABSENT: COUNC II/~.N: Stephenson, Pebley, Thom and Dutton None Roth The Mayor declared Resolution No. 71R-233 duly passed and adopted. RESOLUTION NO. 71R-234 - WATER REVENUE BONDS - OFFICIAL STATE~NT: Councilman Stephenson offered Resolution No 71R-234 for adoption. Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF ANAHEIM, CALIFORNIA, APPROVING THE OFFICIAL STATE~NT. Roll Call Vote: AYES: COUNCILP~N: Stephenson, Pebley, Thom and Dutton NOES: COUNCILP~N: None ABSENT: COUNCIL~N: Roth The Mayor declared Resolution No. 71R-234 duly passed and adopted. RESOLUTION NO. 71R-235 - CALL FOR BIDS - WATER REVENUE BONDS: Councilman Pebley offered Resolution No. 71R-235 for adoption. Refer to Resolution Book. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DIRECT- lNG THE CITY CLERK TO PUBLISH NOTICE INVITING SEALED PROPOSALS FOR BONDS OF SAID CITY. (Bids Received June 15, 1971) Roll Call Vote: AYES: COUNCIL~: Stephenson, Pebley, Thom and Dutton NOES: COUNOIL~N: None ABSENT: COUNCII/~N: Roth The Mayor declared Resolution No. 71R-235 duly passed and adopted. RESOLUTION NO, 7~R-236 .- NEW J~B CLASSIFICATIONS: Councilman Stephenson offered Resolution No. 71R-236 for adoption. Refer to Resolution Book. A RESOLUTION OFT HE CITY COUNCIL OFT HE CITY OF ANAHEIMAMENDINGRESOLUTION NO. 70R-472 AND ESTABLISHING A RATE OF COMPENSATION FOR VARIOUS NEW JOB CLASSES. (Marketing Services Manager, Electrical Services Representative, Computer Operations Supervisor, Junion Systems Analyst, Systems Analyst, Senior Systems Analyst.) 71-312 Hall, Anaheim,. California - C0~CIL HINU~ES - June 1, 1971, 1:30 P.M. Roll Call Vote: AYES: COUNC II24EN: NOES: COUNCIL~N: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton None Roth The Mayor declared Resolution No. 71R-236 duly passed and adopted. C.A.T.V. PROPOSAL: The Assistant City Manager reported a request had been received from Cypress Co~nunications Corporation, Los Angeles, for permission to sub- mit a proposal for a C.A.T.V. System franchise, although the deadline date for receipt of such proposals had passed. Councilman Thom stated that, since the deadline for submission of such proposals had passed, it probably would not be fair to allow another firm to make a proposal. Mr. Davis advised that, as of this time, there has been no informa- tion given out on any of the three proposals previously submitted,and these have been reviewed by the City Manager's staff only. He further noted that none of the three already received has met the specifications set forth by the City. By general Council consent, the City Manager's office was authori- zed to accept a proposal from Cypress Co~nunications Corporation, as reques- ted. ERNST & ERNST REPORT - DATA PROCESSING FUNCTIONS: The Assistant City Manager noted a report on Data Processing and Systems Operations, prepared by Ernst & Ernst, and also a proposal from that firm to act as consultants on the implementa- tion of their recon~nendations, if desired. Inasmuch as a full Council was not present to consider the matter, and all of the Councilmen present had not had an opportunity to fully study these documents, the Council, by general consent, deferred further discussion until such time as a full Council was present. RATE APPLICATION - SOU~ CALIFORNIA EDISON COMPANY: Assistant City Attorney Alan Watts reported that the Federal Power Commission had granted the motion of the Cities of Anaheim, Riverside and Banning to suspend for five months the rate increase granted Southern California Edison Company, effective date now to be October 29, 1971. He further advised that motions to review the filing have been de- nied; however, the three Cities plan to petition for a rehearing. Mr. Watts stated the Utilities Director has estimated that if the increase granted actually is implemented, it will result in an additional cost to Anaheim consumers of approximately $90,000.00 per month, and thus, the five-month delay is saving the consumers $450,000.00. 1971-72 PROPOSED BUDGET: The City Manager presented copies of the Proposed 1971- 72 Budget for the City of Anaheim. On motion by Councilman Thom, seconded by Councilman Pebley, the City Clerk was directed to set Public Hearing on the Proposed 1971-72 City of Anaheim Bud§et for June 15, 1971, 1:30 P,M. MOTION CARRIED, At the recommendation of the City Manager, the City Council agreed to meet at 9:00 A.M., June 8, 1971, for preliminary discussion on the Proposed' Budget. RECESS; Councilman Pebleymoved for a five-minute Recess. Councilman I)utton se- conded the motion. MOTION CARRIED. (3:40 P.M.). AFTER RBCESS; Mayor Dutton called the meeting to order, all Councilmen being pre- sent, except Councilman Roth. (3:55 P.M.). 71-313 Hall, Anaheim, Gallforn~a - COUNCIL MINUTES - June 1, 1971, 1:~0 P,M A.H.E.A. - AR~.ITRATOR ~QUESTc Request of the Anaheim Municipal. Employees Asso- ciation, dated May 18, 1971 to address the City Council this date was sub- mitred. ' Mayor Dutton invited the A.M.E.A. Representative to address the Council. John O'Malley requested the City Council assist in expediting se- lection of an Arbitrator to hear the Francis X. Nutto,. dismissal grievance because of the inability of the A.M.E.A. and City of Anaheim representa- tives to reach a submission agreement. He further stated that the City has requested a stipulation from A.M.E.A. that should an Arbitrator decide Mr. Nutto's discharge was not for a good and sufficient cause the decision be limited to reinstatement, with- out loss of seniority or fringe benefits; however, the A.M.E.A. feels these conditions are excessively restrictive and would not allow for payment of back pay, and also would vitiate Article 6 of the Memorandum of Understand- ing with the City of Anaheim. Assistant City Attorney Alan Watts advised that the City Charter specifies the City Manager has the power, among other things, to hire and fire employees and effect a Memorandum of Understanding with employee groups, and thus, this would not be a proper matter for City Council con- sideration; also, the City Attorney's office is of the opinion that pay- ment of back wages in this case would constitute a gift of public funds, since it would be payment for work not performed and, for this reason, it would be improper to submit that question to arbitration. Mr. Watts suggested that recourse in the case of back pay would be by Court action. No action was taken by the City Council on this issue. RESOLUTION ,NO. 71R-237 - RED ~UM-CORONADO ANNEXATION NO. 2 (UNINHABITED): man Thom offered Resolution No. 71R-237 for adoption. Refer to Resolution Book. Council- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TOTHE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED RED GUM-CORONADO NO. 2 ANNEXATION. (Uninhabited) Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Dutton COUNCII2~2~: None COUNCIL~N: Roth The Mayor declared Resolution No. 71R-237 duly passed and adopted. PERMISSION TO LEAVE THE STATE-- COUNCILMAN STEPHENSON: On motion by Councilman Pebley, seconded by Councilman Dutton, Councilman Stephenson was granted permission to leave the State for 90 days, commencing June 25, 1971. ~0TION CARRIED. ~ Councilman Pebley moved to adjourn to June 8, 1971, 9:00 A.M., and also moved waiver of further notice of said adjournment. Councilman Thom seconded the motion. ~OTION CARRIED. ADJOURNED: 4:15 P.M. City Clerk