1973/05/29City Hall, Anaheim~ California - COUNCIL MINUTES - May 29~ 1973, 1:~0 P.M~
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, Pebley (entered at 1:40 P.M.),
Thom and Dutton
COUNCILMEN: None
CITY MANAGER: Keith A. Murdoch
ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Joseph B. Geisler
DEPUTY CITY CLERK: Alona M. Farrens
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Lt. Neal Hogan of the Salvation Army gave the Invocation.
FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of
Allegiance to the Flag.
MINUTES: Minutes of the Anaheim City Council Regular Meeting held May 1, and May 8,
1973 were approved on motion by Councilman Stephenson, seconded by Councilman
Sneegas. Because of absence, Councilman Dutton abstained from voting on approval
of the Minutes of May 1, 1973. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
of reading is hereby given by all Councilmen unless, after reading of the title,
specific request is made by a Councilman for the reading of such ordinance or
resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY
CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount
of $1,092,591.41, in accordance with the 1972-73 Budget, were approved.
PUBLIC HEARING - ABANDONMENT NO. 72-10A: In accordance with application filed by
Edward O. Wood, Manager, General American Life Insurance Company, public hearing
was held on proposed abandonment of a portion of Struck Street lying between
Katella Avenue and Howell Street, pursuant to Resolution No. 73R-176, duly pub-
lished in the Anaheim Bulletin and notices thereof posted in accordance with
law.
Report of the City Engineer was submitted recommending approval of
said abandonment subject to the following conditions:
1. That an easement be reserved for public utility purposes over,
under and across the entire parcel for the City of Anaheim.
2. That an easement be reserved for public utility purposes over,
under and across the northerly ten feet and the westerly 20 feet of said parcel
for the Pacific Telephone and Telegraph Company.
3. That an easement be reserved for public utility, purposes over,
under and across the entire parcel for the County Sanitation District of Orange
County.
4. That an easement be reserved for public utility purposes over,
under and across the northerly ten feet of said parcel for the Southern California
Edison Company.
Mayor Dutton asked if anyone wished to address the Council; there being
no response, declared the hearing closed.
RESOLUTION NO. 73R-200: Councilman Sneegas offered Resolution No. 73R-2DO for
adoption, approving Abandonment No. 72-10A subject to the conditions recommended
by the City Engineer.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACA-
TION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERV-
ING THEREFROM CERTAIN EASEMENTS FOR PUBLIC UTILITY PURPOSES. (72-10A)
73-400
City Hall, Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and Dutton
None
Pebley
The Mayor declared Resolution No. 73R-200 duly passed and adopted.
PUBLIC DISCUSSION - ANAHEIM BOULEVARD-HASTER STREET OVERCROSSING - SANTA ANA FREEWAY.
Continued from May 1, 1973 for public discussion and reconsideration of the prior-
ities established on April 3, 1973 for the Haster Street-Anaheim Boulevard inter-
change of the Santa Ana Freeway, namely Plan 1 Variation 2 (which was designated
as Council's choice contingent upon availability of funds) and the Basic Plan.
All parties who had expressed interest either by attendance at the April 3, 1973
Council discussion or the January 31, 1973 State public hearing, as well as those
businesses located on the east side of Anaheim Blvd. which would be affected by
Plan No. 1 Variation 2, were duly notified of this public discussion.
Using the exhibits posted on the east wall of the Council Chambers,
City Engineer James Maddox indicated the traffic flow pattern provided by each
of these two configurations. He reiterated that the cost to the City/County
(A.H.F.P.) for the Basic Plan would be $650,000 and for Plan 1 Variation 2, 1.3
million dollars, at current dollar values.
The Mayor asked if anyone wished to address the Council relative to
these two freeway interchange designs.
Mr. Leo Freedman, Hyatt House Hotel, urged that Council make a firm
commitment this date to either of the two above-described plans. As reasons for
the necessity of an immediate and inflexible commitment he cited the fact that
when confronted with indecision on the part of municipal leaders, the State High-
way Division has been known to discontinue plans for the anticipated project and
use the allocated funds elsewhere. In addition he noted the shortage of available
funds, and the 5% per year inflation factor. For these reasons, as well as the
obvious benefits which will be derived in terms of improved traffic flow between
the Santa Ana Freeway, Stadium and Convention Center and a more efficient traffic
network to connect the eastern and southern sectors of the City, Mr. Freedman felt
that the Council should expedite the project.
Councilman Pebley entered the Council meeting. (1:40 p.m.)
Mr. Clarence McNees, 1752 South Haster Street, referred to themanyplans
he had submitted to the State Division of Highways and which were subsequently
rejected, in an attempt to modify the configurations presented, since in his opin-
ion, neither of these plans will provide an acceptable traffic pattern for the
City.
Mayor Dutton asked if anyone else wished to address the Council; there
being no response, declared the public portion of this discussion closed.
Councilman Sneegas called attention to the chart indicating the amount
of traffic experienced on Anaheim Boulevard yearly, which he felt was a prime fac-
tor in this reconsideration, and was of the opinion the expenditure of an addi-
tional $650,000 to provide an additional direct off ramp to Anaheim Boulevard as
indicated on Plan 1 Variation 2, is not warranted. That inasmuch as the Basic
Plan will be conducive to smooth traffic flow and will provide two-way access over
the freeway, this is the plan he felt the Council should endorse.
Councilman Stephenson concurred with these remarks, noting that Anaheim
Boulevard is currently handling its capacity and the direct off ramp would necessi-
tate that this street be widened and improved to the northerly City Limits. He
felt the Basic Plan would service the City adequately and not necessitate the re-
location of the several businesses on the East side of Anaheim Boulevard.
Councilman Sneegas further noted that this interchange modification is
being undertaken with the purpose in mind of correcting a problem which was created
15 years ago, and that this effort to join the southern and eastern portions of
the City will provide improved access to the Stadium and the Convention Center,
73-401
City Hall~ Anaheim, California - COUNCIL MINUTES - May 29, 1973~ 1:30 P.M.
Disneyland and hotel areas. He thereupon moved that the Basic Plan be desig-
nated as the choice of the Council. Councilman Stephenson seconded the motion.
MOTION CARRIED.
REQUEST - CONDITIONAL USE PERMIT NO. 1248: Request of Mr. Nicholas P. Barletta,
Chairman of the Board, National Sierra Pictures Corporation, dated April 26,
1973 regarding deletion of the requirement for street dedication within
30 days, imposed as a condition of the extension of time granted Conditional
Use Permit No. 1248 on April 17, 1973, was submitted for City Council consider-
ation.
Mr. Robert Kramer, 105 South Prospect, Tustin, representing Mr.
Barletta and National Sierra Pictures Corporation, stated that dedication of
subject property for construction of a north-south street will affect only the
National Sierra Pictures project and the traffic generated by same. In addi-
tion he related that it is difficult for the corporation to dedicate this pro-
perty at the present time since it would require releases from existing lenders
and these will be easier to obtain when the actual construction is initiated.
Further he advised that the National Sierra Pictures Corporation is attempting
to purchase an additional parcel of property adjacent and to the east, and with
acquisition of this parcel they may wish to review their traffic patterns and
relocate the proposed north-south street further to the east. Since the National
Sierra Pictures Corporation is required to dedicate the full width of the pro-
posed street as well as putting in the street improvements, he requested they
be permitted to make the dedication at a later date.
Mr. Murdoch advised that there are no projects being delayed due to
the lack of dedication for this north-south street, the dedication requirements
on the La Palma frontage have already been met, and that there would be no ad-
verse affects for the City should the 30-day dedication condition be deleted
from the extension of time.
In answer to Councilman Dutton, Mr. Kramer advised that plans for the
motion picture project are in progress and that they should be able to complete
preparations within the one-year extension.
On motion by Councilman Pebley, seconded by Councilman Thom, the re-
quirement for dedication within 30 days imposed upon the extension of time to
April 19, 1974 granted Conditional Use Permit No. 1248 on April 17, 1973, was
deleted. MOTION CARRIED.
REQUEST - WEST ANAHEIM COMMUNITY HOSPITAL: Request of Donald Stogsdill, VIP Coor-
dinator, West Anaheim Community Hospital, for permission to sell entertainment
tickets for a "dunking machine" at an employees picnic, to be held in Pearson
Park, June 24, 1973 was submitted together with reports from the City Treasurer's
and City Attorney's Offices indicating no objection to said sale, provided that
the event complies with applicable safety requirements.
On motion by Councilman Thom, seconded by Councilman Sneegas, the West
Anaheim Community Hospital's request to sell entertainment tickets at Pearson
Park was granted subject to compliance with all applicable safety requirements.
MOTION CARRIED.
BUSINESS LICENSE FEE WAIVER - ALEXANDER J. STODDARD P.T.A. "FUN DAY": Request of
Darlene Rodman, Alexander J. Stoddard P.T.A., dated May 10, 1973, was submitted
for waiver of the business license fee in connection with the annual "fun day"
to be held June 8, 1973, 4:00 p.m. to 7:30 p.m. on th~ Stoddard School grounds.
Also submitted were reports from the City Attorney's and City Treasurer's
Offices indicating no objection to the requested waiver.
On motion by Councilman Stephenson, seconded by Councilman Sneegas,
said request was granted in accordance with Council Policy No. 305. MOTION
CARRIED.
ENCROACHMENT PERMIT NO. 72-4E: Submitted by Franchise Realty Interstate Corporation,
proposing to allow existing planters and sign to encroach into a portion of
newly dedicated ultimate right-of-way located on the north side of Ball Road,
west of Gilbert Street.
73-402
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29, 1973; 1:30 P.M.
Also submitted was report from the City Engineer recommending approval
of said encroachment permit.
RESOLUTION NO. 73R-201: Councilman Pebley offered Resolution No. 73R-201, ap-
proving Encroachment Permit No. 72-4E as recommended by the City Engineer.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH FRANCHISE REALTY INTERSTATE
CORPORATION. (72-4E)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-201 duly passed and adopted.
NOTICE OF PUBLIC HEARING - CITY OF BUENA PARK~ CU-162~ MOD NO. 2: Notice of public
hearing regarding proposal to convert a portion of an existing convalescent hos-
pital located on the west side of Knott Avenue, south of Lincoln Avenue, to a
short term rehabilitation center for alcoholics was submitted for City Council
consideration.
On motion by Councilman Pebley, seconded by Councilman Thom, the City
Council indicated no objection to said proposal. MOTION CARRIED.
REQUEST - METAPHYSICAL CHURCH OF PEACE: Request submitted by Reverend Barbara Strauss,
Metaphysical Church of Peace, for temporary permission to use Unit No. 516 of the
shopping center located at Sycamore and East Streets until such time as a condi-
tional use permit is processed, was submitted inasmuch as the church must vacate
their present premises by Thursday, May 31, 1973.
Mr. Roberts advised that no application for conditional use permit has
been received in Development Services Department to date for this purpose.
Councilman Pebley inquired if the owner of the shopping center at
Sycamore and East Streets, in which the Applicant proposes to locate, is agreeable
to the temporary permit.
Reverend Barbara Strauss, 535 Hampshire, No. 9, advised that her group
has been in contact with the landlord and the leasing agent and are in the process
of collecting the necessary supporting documents which are required to be submitted
with the application for conditional use permit, and that they anticipate the
application will be ready for submission this Friday. She stated that her con-
gregation must vacate their present facility as the structure is being torn down.
In further support of her request she noted that the subject shopping center unit
has been difficult for the owner to lease as a retail store, because of its loca-
tion to the rear and that she felt the operation of her church at this site would
not disturb the other tenants, since there are 70 parking spaces available and the
average attendance at Thursday night services is 45 to 50 people.
Councilman Pebley moved that the requested temporary use be granted the
Metaphysical Church of Peace~ at their own risk~ providing that the conditional
use permit application is filed by June 1~ 1973, and that they produce a statement
from the landlord favoring said use; further this temporary permit terminates at
the conclusion of the action taken on the conditional use permit by the City
Planning Commission. Councilman Thom seconded the motion. MOTION CARRIED.
FINAL MAPS; TRACT NOS. 7658 AND 7659: Developer, Westfield-Urban Company; property
located at the southeast corner of the Artesia Freeway and Dale Street; Tract No.
7658 contains 53 proposed R-2 zoned lots; Tract No. 7659 contains 54 proposed R-2
zoned lots.
The City Engineer recommended approval and reported that said final maps
conform substantially with the tentative maps previously approved, that bond has
posted and required fees paid.
73-403
City Hall, Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M
Councilman Dutton asked the City Manager whether any desire has been
expressed relative to subject tracts for de-annexation from the City of Anaheim
and annexation to the City of Buena Park, because that City will provide sewer
and water services by prior request of the City of Anaheim.
Mr. Murdoch replied that these two tracts are in one of several areas
along the Anaheim-Buena Park boundaries in which it would be appropriate to de-
annex from one city and annex to the other in order to make certain boundary
adjustments and so that transfer of services from one city to another would not
be necessary. However to accomplish the de-annexation would require the consent
of the property owner and this was not forthcoming for either of the two subject
tracts.
On recommendation of the City Engineer, Councilman Dutton moved that
Final Maps, Tract Nos. 7658 and 7659 be approved subject to recordation of an
easement, approved by the City Attorney, to provide ingress, egress and private
utility easement to the "Not A Part" parcel shown on subject tract maps.
Councilman Stephenson seconded the motion. MOTION CARRIED.
FINAL MAP, TRACT NO. 7450: Developer, J. W. Klug Development Company; tract located
east of Imperial Highway, south of Esperanza Road; containing 75 proposed
RS-5000 zoned lots.
The City Engineer recommended approval and reported that said final
map conforms substantially with the tentative map previously approved, that bond
has been forwarded to the City Attorney for approval and required fees paid.
On recommendation of the City Engineer, Councilman Dutton moved that
Final Map, Tract No. 7450 be approved, subject to approval of required bond by
the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED.
RESOLUTION NO. 73R-202 - AWARD OF WORK ORDER NO. 736: In accordance with recommen-
dations of the City Engineer, Councilman Pebley offered Resolution No. 73R-202
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: TWILA REED PARK GRADING AT THE SOUTHEAST CORNER OF ORANGE
AVENUE AND PARKVIEW STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 736.
(Maness Excavation & Grading, Inc. - $14,970.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-202 duly passed and adopted.
RESOLUTION NO. 73R-203 - AWARD OF WORK ORDER NO. 678-A: In accordance with recommen-
dations of the City Engineer, Councilman Thom offered Resolution No. 73R-203
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: TRAFFIC SIGNALS AND SAFETY LIGHTING MODIFICATION AT ORANGE-
THORPE AVENUE AND PLACENTIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO.
678-A. (Smith Electric Supply - $12,480.00)
73-404
.City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-203 duly passed and adopted.
RESOLUTION NO. 73R-204 - WORK ORDER NO. 669-B: In answer to Councilman Stephenson,
City Engineer James Maddox advised that Work Order No. 669-B involves a modifi-
cation of the signal installation to up-grade same and will not be affected by
the Haster Street-Anaheim Boulevard interchange construction.
Councilman Dutton offered Resolution No. 73R-204 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND
COMPLETION OF A PUBLIC IMPROVEMENT~ TO WIT: MODIFICATION, FURNISHING AND
INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION
OF HASTER STREET AND KATELLA AVENUE AND KATELLA WAY AND KATELLA AVENUE, IN
THE CITY OF ANAHEIM, WORK ORDER NO. 669-B. APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTH-
ORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH
SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION
THEREOF. (Bids to be Opened - June 21, 1973, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-204 duly passed and adopted.
RESOLUTION NO. 73R-205 - WORK ORDER NO. 8002: Upon receipt of certification from the
Director of Public Works, Councilman Stephenson offered Resolution No. 73R-205
for adoption.
Refer to Resolution Book.
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: DEMOLITION, SITE CLEAN-
ING AND ROUGH GRADING AT CLAIR SUBSTATION SITE~ MAGNOLIA AVENUE AT BALL
ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8002 (Krimm Brothers Land
Clearing) '
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-205 duly passed and adopted.
WORK ORDER NO. 8002 - ASSESSABLE LIQUIDATED DAMAGES: On motion by Councilman Sneegas~
seconded by Councilman Dutton, assessable liquidated damages in the total amount
of $200 (eight days at a rate of $25 per day) against Krimm Brothers Land Clearing,
contractors for Work Order No. 800~, Phase I, demolition site clearing of rough
grading of Clair Substation, were approved as recommended by the City Engineer.
MOTION CARRIED.
RESOLUTION NO. 73R-206 - WORK ORDER NO. 670-B: Upon receipt of certification from the
Director of Public Works, Councilman Dutton offered Resolution No. 73R-206 for
adoption.
Refer to Resolution Book.
73-405
City Hall~ Anaheim? California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
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 COM-
PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPERIAL HIGHWAY -
SANTA ANA CANYON ROAD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 670-B. (Patco)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-206 duly passed and adopted.
CHANGE ORDER NO. 1 - WORK ORDER NO. 670-B: On report and recommendation of the City
Engineer, Councilman Stephenson moved that Change Order No. 1, Work Order No.
670-B, consisting of: (a.) removal of unsuitable material and compact and fill
with aggregate base material; (b.) traffic signal changed from drawings and
specifications; (c.) relocation of existing street light; be authorized, in-
creasing the original contract by $4,126.56 for a total of $39,873.56.
Councilman Dutton seconded the motion. MOTION CARRIED.
CHANGE ORDER NO. 1 - WORK ORDER NO. 8004: On report and recommendation of the City
Engineer, Councilman Sneegas moved that Change Order No. 1, Work Order No. 8004,
consisting of deletion of block wall and substitution of an eight-foot chain
link fence with foundations for same (authorized April 24, 1973) decreasing the
contract by $32,231.60 be ratified. Councilman Dutton seconded the motion.
MOTION CARRIED.
RESOLUTION NO. 73R-207 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution
No. 73R-207 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Sandman Motels, Inc.; Angela M. &
James M. Plou; Gerald Evers, et al)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-207 duly passed and adopted.
PROPOSED ABANDONMENT - RESOLUTION NO. 73R-208: Councilman Pebley offered Resolution
No. 73R-208 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 A1ND FIXING A DATE FOR HEARING
THEREON. (No. 72-11A, June 26, 1973, 1:30 P.M.; north of La Palma Avenue,
between West Street and Euclid Street)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-208 duly passed and adopted.
PURCHASE OF MATERIAL - 653.9 ACSR WIRE: The City Manager reported on informal bids
received for the purchase of 44,454 pounds of 653.9 ACSR wire for the Electrical
73-406
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29, 1973, 1:30 P.M.
Division as follows. He recommended acceptance of the General Electric Supply
quotation, which includes the returnable reel deposit in the amount of $2,200
or $100 per reel, whereas the two bids which appear lower do not include any sum
for reel deposit or in one case an incorrect figure, thus the net cost from Gen-
eral Electric Supply is the lowest bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
General Electric Supply, Anaheim ............ $17,136.54
Graybar Electric, Anaheim ............... 16,456.64
Maydwell-Hartzell, Los Angeles .............. 18,350.13
Alcan Cable, Fullerton ................. 16,103.46
Olin Conductor .................... NO QUOTE
Pruzan Company ...................... NO QUOTE
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
bid of General Electric Supply Company was accepted and purchase authorized in
the amount of $17,136.54, including tax and $2,200 reel deposit. MOTION CARRIED.
PURCHASE OF MATERIAL - 12KV CROSSARMS: The City Manager reported on informal bids
received for the purchase of 500 12kv crossarms for the Electrical Division, as
follows and recommended acceptance of the bid from J. H. Baxter Company be-
cause of more favorable delivery date:
VENDOR
TOTAL AMOUNT; INCLUDING TAX
J. H. Baxter Co,, Los Angeles ............. $ 7,875.00
Cascadian Co., Eugene, Oregon ............. 7,875.00
Koppers Co., Wilmington ................. 8,058.75
Neidermeyer - Martin, Portland, Oregon ....... 13,125.00
On motion by Councilman Stephenson, seconded by Councilman Dutton,
the bid of J. H. Baxter Company was accepted and purchase authorized in the amount
of $7,875.00, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - 48~000 POUND G.V.W. TILT CAB CHASSIS: The City Manager reported
on the recommended purchase of one 48,000 pound g.v.w, tilt cab chassis with four-
man seat conversion for the Electrical Division's 60 foot derrick line truck and
advised that one supplier, McCoy Ford, has submitted a quotation for said equipment
in the amount of $18,259.15 which includes sales tax and transportation cost of
$150. He thereupon recommended the purchase be authorized.
On motion by Councilman Sneegas, seconded by Councilman Pebley, purchase
was authorized in the amount of $18,259.15 including tax and transportation cost
as recommended by the City Manager. MOTION CARRIED.
PROPOSED SALE OF CITY-OWNED PROPERTY (VARIANCE NO. 24857: The City Attorney reported
on proposed sale of City-owned property, that portion of Sunshine Way, south of
Miraloma Avenue at the freeway overcrossing. He commented that even though the
City owns this property in fee, it is devoted to street purposes and slope ease-
ments and provides access (which must be maintained by the City) to one parcel
only, and as such, is of little value. However, upon abandonment by the City, the
surrounding property would be increased by approximately one acre, and thereupon,
subject property would have a value of approximately $20,000. Mr. Geisler advised
that the appraisers placed the value at 10% or $2,OOO~ however; through negotia-
tions, U-Stow-It Development Corporation, the adjacent property owner~ has offered
to purchase subject property for $4,000 subject to abandonment by the City.
Mr. Murdoch noted, that in effect, the proposed sale and abandonment
would place the U-Stow-It driveway on their own property, which they would have the
responsibility of maintaining, and also, would allow them to place a gate near the
Miraloma right-of-way. The City would be free of any street or slope maintenance
obligations on said property following abandonment.
Councilman Pebley, learning that subject parcel consists of 20,244 square
feet, was of the opinion the City should request $10,000 for same.
table.
A map indicating the property under consideration was reviewed at Council
73-407
.City Hall, Anaheim~ California - COUNCIL MINUTES - Ma~ 29~ 1973~ 1:30 P.M.
Councilman Sneegas commented that the cost of maintaining this street
which provides access to only one parcel, should be taken into consideration.
Mr. Murdoch advised that the parcel surrounding and adjacent to Sun-
shine Way has had Variance No. 2485 granted, permitting certain Code waivers
to permit establishment of a mini-warehouse facility and that Condition No. 2
of the City Planning Commission's Resolution No. PC73-65 requires that the
Applicant either deed to the City of Anaheim sufficient right-of-way at the
terminus of Sunshine Way for a modified cul-de-sac or process with the City a
request for abandonment of the existing right-of-way for Sunshine Way, south
of Miraloma, and enter into an agreement to purchase the City's fee title at
a fair appraised market value (said condition was read in full by the Deputy
City Clerk).
Councilman Pebley inquired approximately how many square feet the Appli-
cant would be required to dedicate for the modified cul-de-sac, to which Mr.
Maddox replied 31,000 square feet. Councilman Pebley commented that the cost
of land dedication and installation of improvements as required in Condition No.
2 of Planning Commission Resolution No. PC73-65 would amount to at least $10,000
and thereupon moved that a counter-offer of $10,000 be made for the fee title
to Sunshine Way, south of Miraloma. Councilman Stephenson seconded the motion.
MOTION CARRIED.
Mr. Marvin Hopkins of U-Stow-It Development Corporation, 6772 Stanford
Avenue, Garden Grove, addressed the Council and referred to the letter dated
May 17, 1973 from John Bruns, Right-of-Way Division, offering this property for
sale at a price of $4,000 which the letter indicated to be 15 to 20% of the fair
market value, to which his firm subsequently replied and stated they were agree-
able to this offer.
Councilman~Pebley commented that any offer would be subject to Council
approval and he was still of the opinion that by the purchase of this additional
area, the U-Stow-It Corporation property would be greatly increased in value.
Councilman Sneegas asked where the Applicant proposed to place the
gate if the additional property is acquired, to which Mr. Hopkins indicated they
planned to place a gate at the Miraloma Street right-of-way.
Councilman Sneegas then asked if this would mean the patrons entering
the storage yard would park on the street until the gate is opened.
Mr. Hopkins advised that they plan to install a buzzer and bell alarm
system and to have the gate attended 24 hours per day.
Councilman Sneegas felt that the location of the gate adjacent to
Miraloma would cause the vehicles to be stored to be backed up onto this avenue
and obstruct the traffic on the overcrossing. He stated that he would not be
in favor of the proposal to place the gated entrance to this property at that
location.
Councilman Sneegas moved that the $10,000 counter-offer previously
made be upheld and the matter reconsidered in one week, to allow Council time
to inspect the property. Councilman Dutton seconded the motion. MOTION CARRIED.
CLAIMS A~AINST THE CITY: The following claims were denied as recorranended by the City
Attorney and ordered referred to the insurance carrier on motion by Councilman
Thom, seconded by Councilman Pebley:
a. Claim submitted by Patricia Edwards for damages and injuries pur-
portedly sustained as a result of collision with City vehicle at West Street,
on or about February 8, 1973.
b. Claim submitted by John Perona for damages to vehicle purportedly
as a result of City linemen dropping tool bag onto roof of vehicle, on or about
May 18, 1973.
c. Claim submitted by Richard and JoAnn Buccola for purported conceal-
ment of deficiency in water available at claimant's residence, which they feel
caused disintegration of copper water pipes, damage to interior of house, and
emotional distress, subtained on or about February 17, 1973.
73-408
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
d. Claim submitted by Robert and Betty Smith for purported concealment
of deficiency in water available at claimant's residence which they feel caused
disintegration of copper water pipes, damage to interior of house and emotional
distress, sustained on or about March 30, 1973.
e. Claim submitted by Elizabeth Lancaster requesting reimbursement for
expenses incurred to repair water main leak which is purportedly the City of
Anaheim's responsibility, on or about April 26, 1973.
f. Claim submitted by Juergen Stengel for personal injuries sustained
purportedly as a result of false arrest and imprisonment, on or about February 26,
1973.
MOTION CARRIED.
Councilman Stephenson inquired as to what is meant by "concealment of
deficiency in water available" as stated in claims "c" and "d" above. Mr. Geisler
noted that apparently these people receive water service from a private water
company as evidenced by the addresses on Crescent Avenue in the ?eralta Hills
area.
CABLE T. V. (CATV}: Mr. Robert Davis, Assistant City Manager, reported that the com-
mittee formed to negotiate the terms and conditions regarding a cable t. v. sys-
tem for the City of Anaheim, following extensive preparation and investigation,
now recommends that the City Council authorize an agreement with Theta Cable for
such a system to be installed within the City, subject to the granting of a fran-
chise to Theta Cable. He advised that the necessary documents, the ordinance and
specifications, are complete and have been submitted to Council for review.
Mr. Davis summarized the services which would be provided under this
franchise as follows:
1. An advanced dual cable system with immediate capacity of 35 channels.
2. A two-way system capabilities with emphasis on City and educational
uses.
3. Experimentation provision for development of new cable services.
4. Anaheim will be the center of a regional net, with studio and van
located within the City, which will eventually serve the entire County.
Mr. Davis further advised that the ordinance sets forth a two and one-
half year construction schedule following approval by the F.C.C. and that one of
the basic provisions of the ordinance is a 15 year non-exclusive franchise to be
awarded to Theta Cable, which franchise will not be valid however until certifi-
cation is received from the F.C.C. It is anticipated this will take nine to twelve
months to obtain. Further the City of Anaheim is to receive State of the Art
advances prior to or concurrently with any such advances installed in any other
Theta Cable system, whether the device is developed by Theta or a competitor.
Mr. Davis reported it has also been agreed that Theta will provide the
services of one man full time for marketing and also one man for experimentation,
to work closely with the City in development of new methods and uses of the device.
The proposed fee to the City is 5% of the gross revenues and .it is anti-
cipated that the F.C.C. will dispute this sum inasmuch as by F.C.C. ordinance the
maximum fee amount is 3%, unless an additional amount can be justified over and
above 3 to 5% of the gross subscriber revenues. The City of Anaheim has taken
the position that this is not reasonable and will ask for 5% on the gross revenues
received from any source. Theta Cable concurs with this policy and the City of
Anaheim intends to attempt to convince the F.C.C. that this position is reasonable
and the process may delay actual certification.
Mr. Davis commented that the success of the Theta system depends some-
what upon a proper marketing program, and that something more than rebroadcast
of a signal will have to be offered to the public. The City intends,in this vein,
to work with the operator and to request Federal funds for experimentation in the
area of cable television and communications.
Mr. Davis noted that much of the success of the system would be con-
tingent upon the quality and integrity of the operator and he has concluded, after
extensive negotiations with Theta Cable that they are an excellent operator and
have the financial backing to install the system and will perform faithfully.
73-409
~it~ Hall, Anaheim; California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
Councilman Thom questioned Section 5 of the proposed ordinance "Appli-
cation for Franchise", Page No. 3, Paragraph (e) regarding proposed rates and
charges which mentions approval by the City Manager.
Mr. Davis assured him that the intent is that the rates and charges
will be set by the City Council and this section applies to the form or method
of submittal of the fees only to be approved by the City Manager.
Councilman Thom referred to Page No. 8, Paragraph (f) of the proposed
ordinance which states "In case of any declared emergency or disaster, the Gran-
tee shall, upon request of the Mayor or City Manager, make available immediately
its facilities to the City for emergency use during the emergency or disaster.",
and inquired what constitutes a "declared" emergency or disaster.
Mr. Davis replied that it is not intended to be an arbitrary decision
but one made by the City Council, Governor or other competent authority.
Mr. Murdoch suggested that a clarification of the term "declared dis-
aster" be made by including a cross reference to the applicable section of the
Anaheim Municipal Code (Section 6.04.020) which would define same.
The Council concurred with the suggestion.
The Mayor commended Mr. Davis and the Committee on the preparations
and negotiations conducted and especially for the stringent specifications which
were formulated, noting that these upgraded industry standards.
Councilman Thom referred to Section II "Regulation of Rates and Ser-
vices'' of the ordinance, Page No. 7, Paragraph (c), which states that sys-
tem failures shall be limited to minimum time duration, and in no event last
longer than 24 hours, and asked what provision for enforcement of this section
has been made.
Mr. Davis answered that the ultimate penalty would be that the fran-
chisee would be in violation of the terms of the franchise agreement. He noted
that it is entirely possible that a situation could occur which would preclude
repair or restoration of service within 24 hours, however, the intent is that
at least the franchisee would begin repairs without delay. He further stated
that the franchisee is obliged to provide service and to restore same as quickly
as possible in order to retain customers. Additionally, Mr. Davis reported that
the quality of the signal to be provided is outlined in the specifications and
testing procedures to insure that the signal being emitted is commensurate will
be available.
RESOLUTION NO. 73R-209: Councilman Stephenson offered Resolution No. 73R-209,
setting the date for public hearing on award of non-exclusive cable communica-
tion franchise to Theta Cable for June 26, 1973, 1:30 P.M., and setting forth
the proposed ordinance in full, with the incorporation of the following in
Section 12, immediately following Paragraph (f):
"(A declared emergency or disaster as used herein means such event as
is described in Section 6.04.020 of the Anaheim Municipal Code ~he City's
Disaster Pla~, but only when such event has been proclaimed by the City Council,
the Director of Disaster Services, the Governor or other competent authority.)"
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS
INTENTION TO GRANT TO THETA CABLE OF CALIFORNIA THE NON-EXCLUSIVE RIGHT,
PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND
APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING
RADIO, TELEVISION, AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS
AND UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN SAID CITY
OF ANAHEIM.
Roll Call Vote:
73-410
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973t 1:30 P.M.
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-209 duly passed and adopted.
CORRESPONDENCE: The following correspondence was ordered received and filed on motion
by Councilman Pebley, seconded by Councilman Sneegas:
a. City of Irvine - Resolution No. 160 - Supporting Assembly Bill No.
95 of the 1973-74 legislative session of the California Legislature relating to
the punishment for felonies committed with firearms, and giving reasons therefor;
and further requesting Anaheim City Council to adopt a similar resolution.
b. City of Placentia - Opposing the administrative ruling by the United
States Postal Service requiring rural type curb side mail boxes in new housing
tracts which do not meet the requirements for door delivery.
c. City of Seal Beach - Resolution No. 2204 - Opposing the lifting of
restrictions for the sale of alcoholic beverages on county property, and setting
forth the reasons therefor.
d. Community Center Authority - Minutes - May 9, 1973.
e. Financial and Operating Reports for the Month of April, 1973:
Police Department
Fire Department
MOTION CARRIED.
ORDINANCE NO. 3162: Councilman Stephenson offered Ordinance No. 3162 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.04, BY
ADDING SECTION 18.04.150; AND TITLE 18, CHAPTER 18.64, SECTION 18.64.020(4E)
RELATING TO ZONING. (Conditional Uses - Storage of Explosives.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3162 duly passed and adopted.
ORDINANCE NO. 3163: Councilman Sneegas offered Ordinance No. 3163 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,
SECTION 14.32.272 (k) OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING
DURING SCHOOL HOURS RESTRICTED. (No parking during school hours - Knott
Street - east side (Hansen Elementary School), west side (Apollo Junior
High School)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Staphenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 316B duly passed and adopted.
D~RDINANCE NO. 3164: Councilman Pebley offered Ordinance No. 3164 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,
SECTION 14.32.152 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TWO-HOUR
PARKING. (Manchester Avenue - both sides, from Loara St. to Broadway)
73-411
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, ?ebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3164 duly passed and adopted.
ORDINANCE NO. 3165: Councilman Sneegas offered Ordinance No. 3165 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (69-70-55 (4) - M-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3165 duly passed and adopted.
ORDINANCE NO. 3166: Councilman Stephenson offered Ordinance No. 3166 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-34 - R-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3166 duly passed and adopted.
ORDINANCE NO. 3167: Councilman Stephenson offered Ordinance No. 3167 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3014, NUNC
PRO TUNC, RELATING TO ZONING. (Amend Condition No. 4)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, ?ebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3167 duly passed and adopted.
ORDINANCE NO. 3168: Councilman Sneegas offered Ordinance No. 3168 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (67-68-13 (7) - R-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMKN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3168 duly passed and adopted.
73-412
.Qity Hall~ Anaheim; California - COUNCIL MINUTES - May 291 1973; 1:30 P.M.
ORDINANCE NO. 3169 - REGULATING PARADES ON PUBLIC RIGHTS OF WAY: Mr. Murdoch advised
that the proposed Parade Ordinance provides for application for a permit and a
fee for same and that said fee has been left blank, to be determined by Council,
however it is suggested that this be set at $25. He further reported that it is
anticipated that this amount will not completely recover the costs of processing
such a permit.
Councilman Pebley was of the opinion that the permit fee should recover
the costs of processing same.
Councilman Thom stated that parades, citing the traditional type with
floats and bands, are generally considered pleasant and are enjoyed by the citi-
zens, and this perhaps justifies to some extent not recovering the entire cost
of the permit.
Councilman Pebley pointed out that this proposed ordinance will apply
not only to traditional parades but also to permits for walk-a-thons, bike-a-thons,
etc., and further that the ordinance itself defines a parade as "a procession
or congregation of two or more vehicles or persons moving on or along a public
right-of-way".
Councilman Sneegas approved of the idea of requiring those who proposed
to conduct parades to post bonds against the additional expenses which may be
incurred by the City, but felt that the City should move cautiously in these re-
gulations to be sure that freedom of expression is not jeopardized.
Councilman Pebley asked for an estimate of the cost of processing such
a permit, to which Mr. Murdoch replied that this would be difficult to judge with-
out some experience, and would vary. He stated that the fee can always be raised
should the costs prove higher, but he would not recommend a fee lower than $25
at the inception.
Councilman Stephenson moved that the fee required for a parade permit
(Ordinance No. 3169) be set at $25. Councilman Dutton seconded the motion. To
this motion, Councilman Pebley voted "no". MOTION CARRIED.
Councilman Stephenson offered Ordinance No. 3169 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM REGULATING PARADES ON PUBLIC RIGHTS
OF WAY. (Section 14.24)
ORDINANCE NO. 3170: Councilman Dutton offered Ordinance No. 3170 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (58) - M-l)
PACIFIC DRIVE-IN THEATERS - PARKING AT ANAN~IM STADIUM: Recommendation from Tom
Liegler, Stadium and Convention Center Director, that the City of Anaheim enter
into a one-year lease agreement (with 90 day camcellation clause by either party)
with Pacific Drive-In Theaters for parking on Sundays, was su~mitted for City
Council consideration (said use was g~anted for a period of one month at the
April 17, 1973 meeting).
On motion by Councilman Sneegas, seconded by Councilman Pebley, the City
Attorney was authorized to draw up the mecessarydocuments~ approving the agreement
between the City of Anaheim and the Pacific Drive-In Theaters~ as recommended by
the Stadium and Convention Center Director. MOTION CARRIED.
COST/FEE STUDY - ZONING AND LAND USE~P~TITIO~,: Mr. Murdoch summarized the recommenda-
tions regarding increased zoning ~ lan~ use petitions previously presented
April 24, 1973. He advised that when discussed previously, the Council had two
considerations:
1. The comparison of these increased fees with those being chatted cur-
rently by other jurisdictions in Orange County;
2. The affect on the cost of processing resulting from the building
permit fees received.
73-413
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
In response to these considerations, a chart was prepared by Develop-
ment Services Department indicating the zoning fees charged by various cities
throughout the County and by Orange and San Diego Counties for comparison pur-
poses. The recommended fees would not recover the full cost of processing, the
unrecovered portion being about $300,000 per year at the present rate of issu-
ing such pemnits. It is estimated that permit fees received in excess of the
costs incurred by Building Division which could be applied as an off-set to the
costs of processing zoning and land use petitions, at current rates, amount to
$225,000 per year, at the present rate, leaving a deficit of approximately
$75,000 per year.
In accordance with previous discussions on the matter, the following
revisions to the fee schedule increases were presented for Council consideration:
Reclassifications $350.00 + $ 1.00 per acre
Subdivisions 250.00 + 1.00 per lot
Conditional Use Permits, Variances
(involving yards, height and minor
modifications)
Conditional Use Permits and Variances
for major projects (planned resi-
dential developments, mobile
home parks, etc.)
Signs and Billboards
Appeal fees
100.00
250.00 + $20.00 per acre
500.00
one-half of original applica-
tion fee
Mr. Murdoch related that comparisons indicate these suggested fees
would be higher than most cities, but would be lower than the fees currently
charged by Orange County.
Mr. Murdoch explained that the rationale behind the higher sign and
billboard fees is that the City does have a sign ordinance and if that ordinance
accurately reflects the City's policy, there should be little need for sign
variances, or the ordinance should be amended to reflect the Council's thinking.
The $500 fee more than covers the cost of processing and it is suggested as a
measure to curtail requests.
Similarly, a conditional use permit or variance provides increased
economic benefits to the property and if the fees do not more closely reflect
the actual costs of processing, then there is an additional financial burden
placed upon the taxpayers to cover this cost.
Councilman Pebley pointed out that a conditional use permit will gen-
erally increase assessed valuation whereas a sign or billboard does not.
Mr. James Barisic, Vice President, Anaheim Hills, Inc., cited one ex-
ample, Anaheim Hills Plaza, where the builder would be permitted three signs by
ordinance but because of the location on a "T" intersection one or two additional
signs would be required. Under the proposed new fee schedule these would cost
the developer an additional $500 to $1,000 whereas it would not even cost that
much to build the signs. He also stated there are other situations in a planned
community such as Anaheim Hills where directional signs might be indicated which
would require variances.
Councilman Dutton suggested that Development Services Department con-
duct a review of the Code and present suggestions for possible revision with the
intent of eliminating the necessity for some of the variance and conditional use
permits which are routinely granted, such as the signs approved recently to in-
dicate which pump islands are self-serve in gasoline stations.
Councilman Thom was of the opinion that this action would emasculate
the sign ordinance and that if this is Council's intent it should be removed
from the Code altogether.
City Attorney Geisler stated that there is no relationship between
the cost of the sign permit and the fee suggested and that a fee as high as this
is prohibitive.
Councilman Pebley remarked that he felt the sign variance fee should
be exactly the same as that for other minor variances, as it costs no more to
process.
73-414
Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
RESOLUTION NO. 73R-210: Following Council discussion, Councilman Stephenson
offered Resolution NO. 73R-210 for adoption, establishing zoning and land use
application fees, as follows, to be effective July 1, 1973:
Reclassifications
Subdivisions
Conditional Use Permits and Variances
(minor)
Signs and Billboards
Conditional Use Permits and Variances
(major projects)
Appeal fee
$350.00 + $ 1.00 per acre
250.00 per subdivision +
$ 1.00 per lot
125.00
125.00 per application
250.00 + $20.00 per acre
one-half of original applica-
tion filing fee
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FEE SCHEDULES
ON ZONING APPLICATIONS AND APPEALS.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-210 duly passed and adopted.
GRADING POLICY FOR AREAS PRIOR TO TRACT STAGE: City Engineer James Maddox submitted
a memorandum dated May 21, 1973 for City Council information which indicates, in
regard to preliminary grading prior to the tract stage, that the City intends to
enforce the grading ordinance as it is written and to apply similar conditions as
are applied to tract development, including provisions of the revised Hillside
Development Drainage Condition. He reported that the grading ordinance was re-
viewed jointly with the City Attorney and it is considered to be adequate. Mr.
Maddox advised that there is one correction to this memorandum, the date of
November 1 is incorrect in the last paragraph, this should read October 15 next
following issuance of grading permit.
On motion by Councilman Stephenson, seconded by Councilman Sneegas, the
City Council concurred with the grading policy as set forth in the memorandum from
the City Engineer, dated May 21, 1973. MOTION CARRIED.
PROJECT "ALPHA" - DATE FOR PUBLIC HEARING: On motion by Councilman Dutton, seconded
by Councilman Pebley, action taken on May 22, 1973 setting the date for public
hearing on project "Alpha" for an adjourned regular meeting on June 21, 1973,
1:30 P.M., was rescinded. MOTION CARRIED.
RECESS: Councilman Dutton moved for a ten-minute recess. Councilman Sneegas seconded
the motion. MOTION CARRIED. (3:50 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present.
(4:00 P.M.)
PROPOSED BUDGET FISCAL YEAR 1973-74: City Manager Keith Murdoch, using a series of
transparencies, presented a summary of the proposed 1973-74 Budget which amounts
to a total sum of $58,717,500, a 13.1% increase over last year's budget when
amended to include the 1972-73 Revenue Sharing Funds. This figure does not re-
flect either the possible salary and wage adjustments to be negotiated shortly
or the pending Edison Company rate increase for which it is anticipated some pro-
vision will have to be made, even if the F.P.C. authorizes a rate increase for
the duration of the hearings. In passing the increase along to the consumers,
he advised that the City will attempt to keep its retail rates at a level with
Edison retail rates.
Mr. Murdoch called attention to the fact that Page No. 1-11 of the pro-
posed budget, showing total appropriations has been amended, and that this revision
73-415
City Hall~ Anaheim, California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
excludes two categories previously shown, Capital Financing including Revenue
Sharing and Federal General Revenue Sharing Operating Costs. These were re-
moved because it was felt that it was misleading and confusing to include the
Capital Financing category without showing the major sources of expenditure.
The proposed 1973-74 Budget reflects an increase of $6,833,777 and
$5,142,000 of this sum is allocated for Electrical System Load Growth and Ex-
pansion, which accounts for 80% of the total increase, all other City activities
amount to $1,691,777 or 3.2% of the increase.
Mr. Murdoch advised that the capital improvement requirement for the
Electrical System of $4,495,000 is extremely high and commented that financing
major capital improvements on annual allocations means in effect the City is
including these expenses in current operating costs instead of on a long-term
financing basis. He advised that this method places a disproportionate share
of the expenses upon the current taxpayers whereas the beneficiaries of these
improvements are the taxpayers over the next 50 to 75 years. He urged that,
with Council's approval, a concerted effort be made to educate the public as to
the advisability of long-term financing for capital improvements such as the
electrical utilities or major park acquisition and development. He felt that this
is a deficiency in present operation which should be corrected inasmuch as a
long-term financing program would disencumber these funds from the yearly alloca-
tion thereby leaving an increased operating fund which could be utilized for
projects and services which would not otherwise be provided. He advised that
the proposed budget does continue substantially the same level of service.
Mr. Murdoch reviewed the joint Federal Revenue Sharing Funds received
already and estimated through 1973-74 which total $3,168,166 and which were
figured in fiscal years rather than calendar years as follows:
FISCAL YEAR
AMOUNT
1971-72
1972-73
1973-74
EARNED INTEREST:
$ 583,416 - RCVD.
1,240,000 - EST.
1~330~000 - EST.
3,153,416
14~750 - EST.
3,168,166
Mr. Murdoch reviewed the appropriations from Revenue Sharing which
were previously approved by Council and proposed the following changes to the
1972-73 Revenue Sharing allocations:
1. Reducing the City Hall Complex allocation to $100,000, because of
the timing, there is no reason to maintain the commitment for $330,000 for the
Civic Center in any of the current fiscal years. This would have to be included
in the 1974-75 allocation if it is anticipated to finance in this manner, how-
ever he recommended that this project be handled with a longer term financing
method.
2. There is a substitution under the Fire allocation - $84,000 ~for
the two pumpers,S90,000 for the ladder truck, and $7,500 for equipment for same.
3. Under Public Works the following items were included because these
are in the Street Maintenance program which is considered an appropriate cate-
gory for Federal Revenue Sharing monies: patch truck - $15,000; two and one-
half ton tandem roller - $6,5003 eight cubic yard dump truck - $13~500; tree
trimming equipment - $22~000; dump truck with hoist - $8~200; three quarter
ton pick-up truck - $4,200; miscellaneous equipment - $2~000,
4. In order to balance the budget, it was felt appropriate to use
Federal Revenue Sharing Funds for the Douglas Street underpass and this was
added to the prospective list~ freeing $300~000 to be placed in the unappropri-
ated reserve account which will be available for salary adjustments, etc.
5. The Chantilly Storm Drain - $420,000 had been allocated and it
has been determined that $348,453 is the City's portion and a check in that
amount has been forwarded to the State Division of Highways.
6. Riverdale Park land - $107,000 and Twila Reid Park improvement -
$187,000: Although these items were mot originally anticipated in this year's
budget since requests have been submitted to the County for acquisition of the
Riverdale Park site and Coumty Revenue Sharing Funds for developmemt of Twila
Reid Park, these amounts should be shown in this fiscal year.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29? 1973~ 1:30 P.M.
7. Senior Citizens Building: Although $240,000 was allocated, only
$183,323 was required.
8. La Palma baseball field - $120,000: This was moved into the 1972-
73 Budget from the 1973-74 Budget.
9. Remodeling of the Senior Citizens building - $30,000: Originally
$55,000 had been allocated for the remodeling.
The following items remain on the 1972-73 Federal Revenue Sharing Allo-
cation list without change: library architect services $28,000; police patrol
vehicles - $8,000; swimming pool architect $17,000; swimming pools Anaheim Union
High School District - $155,000.
The total for the 1971-72, 1972-73 Fiscal years' Revenue Sharing Funds
under the current revision is $1,836,676.
The proposed list of Federal Revenue Sharing projects for Fiscal year
1973-74 is as follows:
CONVENTION CENTER
Reroofing
POLICE
Administration:
Salaries
Uniforms & Badges
Color Process. System
Rapid Color Processor
Crime Reporting System
U.H.F. Console
I. D. Bureau/Prop. Expan.
Operations:
Salaries
Patrol Vehicles
Motorcycles (4)
Station Wagon
Vehicle Radios (4)
M'Cycle Radios (4)
Twinsonic Lights (12)
Detectives:
Salaries
Vehicles (4)
Radios (4)
Scramblers (4)
PUBLIC WORKS
Broadway Storm Drain
PARKS & RECREATION
Schweitzer Park Improvement
Swimming Pool - A.U.H.S.D.
Greek Theater
Security Lighting
Reid Baseball Lighting
$ 52,800
15,000
9,550
280
15,620
50,000
70,000
113,350
12,450
12,000
4,500
12,200
7,000
8,250
33,460
14,000
5,180
820
33,430
155,000
37,600
17,000
61,000
$.50,000
437,460
540,000
304~030
$1,331,490
Mr. Murdoch offered the following comments relative to the 1973-74
Federal Revenue Sharing allocations showns above:
That the U.H.F. Console ($50,000) and the I. D. Bureau/Property
Expansion ($70,000) although approved on the 1972-73 Budget, were carried
forward since the funds will not be expended until this coming fiscal year.
That the ~540,000 allocation for the Broadway Storm Drain may be
higher or lower than this amount as it is not yet known precisely what the
County's contribution will be.
That the baseball lighting indicated for Twila Reid Park may be
installed instead at another park site, but only one will be lighted, which
ever is considered most appropriate.
Further Mr. Murdoch suggested that June 12, 1973 be set as the date for
public hearing on the Budget and informed Council that the Revenue Sharimg portion
City Hall, Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P.M.
of the proposed budget must be approved no later than the 19th of June, and
therefore suggested that the Council review these Revenue Sharing reco,~nenda-
tions in depth to facilitate action following the June 12, 1973 public hearing,
since it is anticipated that there will not be a quorum at the June 19, 1973
meeting.
Mr. Murdoch summarized the status of the Emergency Employment Act as
implemented within the City and advised that 85 P.E.P. positions will be retained
in the 1973-74 Fiscal Year, for which the estimated operating costs is $701,700,
phasing out 21 full-time, 9 part-time and 6 certificated positions.
Using a series of graphs and scales on transparencies, Mr. Murdoch
outlined the authorized employee positions by departments and indicated areas
of increases and deletions. He then briefly went over the foremat of the Budget
itself and the reasons for the various sections included, noting that some addi-
tional discussion regarding the program section may be appropriate when depart-
ment heads are present for the public hearing.
Mr. Murdoch reported on proposed changes in the Police Department re-
garding report recording which will allow patrolmen more actual patrol time, and
indicated how the Brother's Keeper and Reserve Corps Programs will be implemented.
Regarding the Fire service innovations, he commented that the City will
have a functioning three-platoon system as of January 1974 for more effectiveness
and an increase in inspections in the fire prevention program. He also advised
that an agreement is in formulation with the Cities of Garden Grove and Fullerton
for an area response fire system which crosses city boundaries.
Under Public Works section, he commented that the allocation for street
resurfacing should be substantially increased in future budgets from eight
million square feet per year, as with the addition to street footage surface each
year, the street resurfacing program is actually falling behind.
Mr. Murdoch pointed out that two significant items which account for
the 11.5% increase over the current Recreation Budget are the expansion of
women's and girls' activities and implementation of the nature mobile.
The Anaheim Hills Golf Course indicates 17% reduction from the current
budget because the major portion of the facility is now complete; 64,000 plays
for this first full year of operation is anticipated.
Under the Utility Section, Water, Mr. Murdoch reported that most of
the construction in the amount of $965,000 will be financed from the long-term
bonds, the remaining $565,000 to be taken from the water fund. This Budget does
anticipate that special water facilities for higher elevations are to be financed
by the developers (the Rule No. 15 concept).
Regarding the Electrical Division, he reported it is anticipated that
11,000 new customers will join the system in August - September, through the
Southern California Edison acquisition. Construction will begin on the Lewis
Substation and has already been initiated on Sharp and Clair Substations. He
reported that there is still a return from electric and water sales to the Gen-
eral Fund, in the amount of 4.5 million dollars.
Stadium and Convention Center will have a separate fund, which will
include provision for the City's portion of the Visitor and Convention Bureau
activity, and the 130,000 square-foot expansion, anticipating 300,00 delegates
bringing to the community approximately 47 million dollars of spendable in-
come. He reported that at the Stadium 72.5% of the total costs are fixed charges
and at the Convention Center the fixed charges amount to 45%.
In summary, Mr. Murdoch stated that it is planned to retain the $1.05
property tax despite the increased cost of living, and that no new or increased
revenue sources, and no increase in rates, other than the pending electric
utility rate increase, are proposed.
Following the City Manager's presentation, Councilman Stephenson moved
that public hearing on the proposed 1973-74 Budget be set for June 12, 1973,
1:30 P.M. Councilman Pebley seconded the motion. MOTION CARRIED.
MUNICIPAL DATA SYSTEMS JOINT COMPUTER CENTER: City Manager Keith Murdoch referred
to the report dated April 17, 1973, jointly prepared by the staffs of San Gabriel
Valley Municipal Data System and Anaheim Data Processing regarding a joint com-
puter center, and advised that although the preparations are not complete, the
program is thought to be of considerable advantage to the City of Anaheim, and
requested authorization to proceed with negotiations in this regard.
73-418
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 29~ 1973~ 1:30 P-M.
Councilman Dutton moved that the City Council authorize the ne&otiat~l
with M. D. S. regarding a joint computer center to proceed. Councilman l~ebla~
seconded the motion. MOTION CARRIED.
EMPLOYEES' PARKING <ELLSWORTH AVENUE AREA).: Mr. Murdoch reported that Southern Pacific
Railroad has been contacted regarding a possible lease of property for ~ublic
Works and Mechanical Maintenance employees' parking, and the City is awaiting
formation from them regarding terms of a lease.
pANITATION DISTRICT NO. 2 - CONNECTION CHARGES: Councilman Stephenson reported that
Sanitation District No. 2 established sewer connection charges at $220 per unit
at their meeting last week.
CLARIFICATION RE: ANAHEIM BULLETIN ARTICLES: Councilman Pebley took exception to
statements made in the Anaheim Bulletin which were erroneous. He informed C~uncil
and the press that the reason he abstained from voting on sign variances at thm
May 22, 1973 meeting was not because he owned the land leased to the gasoline
stations involved as stated in the newspaper, and remarked that he owns no gaso-
line stations within the City of Anaheim. He requested that this statement ~
retracted.
Further he objected to the item published in the paper indicating he
traveled to Kansas City with the California Angels' baseball team and advised
that he had not been to Kansas City with the Angels and he objected to having
incorrect accounts of his activities published in the newspapers.
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the
motion. MOTION CARRIED.
Adjourned: 4:50 P.M.
Deputy City Clerk