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1974/09/0374-875 CiCy lta!~l~ Anaheimt California - COUNCI~ H.INIITES -Sepcember 3~ 1974t 1:$0 P.~. The City Council of the City of Anaheim met in resular session, PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kayvood, Seymour, Pebley, Sneesas and Thom COUNCIL MEMBERS: None CITY MANAGER: Keith A. Hurdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Alone ~. Ronsard CITY ENGINEER: James P. lladdox STADIUH-CONVENTION CENTER DIRECTOR: Thomas F. Lie$1er STREET DESIGN ~KNGINEER: Arthur Day PLANNING SUPERVISOR: Don HcDaniel ZONING SUPERVISOR: Charles Roberts ASSISTANT PLANNER: G. Alan Daum Nayor Thom called tl~ meting to order. FlAG SALUTE: Councilun RAlph G. Snee~ts led th, Asseubly in the Pledse of Alleslance to the Flag. PROCLANATIONS: The following procls_~s_tions were issued by Nayor Thom and unani- mously approved by the City Council~ "Leukemia Week" - September 8 through 14, 1974. "Square Dance Week" - September 8 through 14, 1974, accepted by repre- sentatives from the South Coast Association of Square Dance Clubs, Inc. I J" MI rm 74-876 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 3~ 1974~ 1:30 P.M. 1974 CITY DEPARTMENT SAFETY AWARDS: Mr. Frank Campagnoni of the City Personnel Department announced that the following City Departments achieved a significant reduction in their injury frequency rate and Mayor Thom presented safety awards: Electrical Division, accepted by George Edwards for a 28% reduction. Customer Services, accepted by James R. Ennis for a 16% reduction. Golf Course accepted by Dick Kamphefner for a 50% reduction. Recreation Division accepted by Lloyd J. Trapp for a 50% reduction. The Utilities Operations Division and General Administration - City Hall, received awards for having completed one complete year consisting of 28,000 employee hours and 157,000 employee hours, respectively with no injuries. Awards were accepted by George Edwards for Utilities Opera- tions and Keith Murdoch for General Administration. Mr. Campagnoni pointed out that this is the fifth consecutive year that the Utilities Operations has received this award. The Sweepstakes Award which is presented on the basis of overall safety activities and efforts towards producing elimination of employee injur- ies was presented to the Mechanical Maintenance Division~ Mr. Francis Young, Garage No. 2 Leadman, accepted the award. INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni of the City Personnel Depart- ment introduced 21 new employees attending the Council meeting as part of the City's orientation program. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meeting held August 6, 1974 was deferred to the next Regular Meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: CounCilman Sneegas moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ord- inance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANI- MOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $404,.224.20,in accordance with the 1974-75 Budget, were approved. TENTATIVE TRACT NO. 8533 AND'CONTINUED REQUEST RE: EXCEPTION TO SECTION 17.06.110(b) (REClaSSIFICATION NO. 73-74-56~. VARIANCE NO. 2600~ ENVIRONMENTAL IMPACT REPORT NO. 125): Developer, R. H. Grant Corporation, property located on the south side of Nohl Ranch Road, west.side of Imperial Highway; containing 45 R-H-10,000 zoned lots; and request for exception to Section 17.06.110(b) as it relates to said tentative tract. · City Engineer James Maddox reported that a letter has been received from the County Road Department concerning alignment oflmperial Highway as it relates to this tract and he has discussed the subject with Mr. Frederickson of Grant Company who has agreed to continue the matter for an additional two weeks. On motion by Councilwoman Kaywood, seconded by .Councilman Seymour, action on Tentative Tract No. 8533 and the request submitted regarding exception to Section 17.06.110(b) as it relates to said tentative tract was continued to the meeting of September 17, 197.4.. MOTION CARRIED, . PUBLIC HEARING.:- AB. ANDONMENT NO,. 73-5A: Inaccordancewith application filed by Mr. J. Coleman Travis, Dan L. Rowland and Associates, Agent for Anaheim Memorial Hospital Association, public hearing was held on proposed abandonment of existing public utility easement located at the north side of La Palma Avenue, west of West Street (Tract No. 1691), pursuant to Resolution No. 74R-394, duly published in the AnaheimBulletin and notices thereof posted in accordance with law. Report of the City Engineer was.submitted recommending approval of sub- ject request.. Mayor Thom asked if anyone wished to address the Council; there being no response, declared the hearing closed. 7~-877 Hall, Anaheim~ California - COUNClL'HINOTES - September 3~ 1974, 1:30 P.H. RESOLUTION NO. 74R-426: Councilman Seymour offered Resolution No. 74R-426 for adoption, approving Abandonment No. 73-5A as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (No. 73-5A) Rail Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL HEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-426 duly passed' and adopted. PUBLIC HEARING - ABANDONMENT NO. 74-3A: In accordance with application filed by Mr. and Mrs. Marcel La Font, public hearing was held on proposed abandonment of a portion of an existing public utility easement located at the north side of Lincoln Avenue, east of Gilbert Street, pursuant to Resolution No. 74R-395, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of sub- Ject request. Mayor Thom asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 74R-427: Councilman Seymour offered Resolution No. 74R-427 for adoption, approving Abandonment No. 74-3A, as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (No. 74-3A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MgMBgl~: Kaywood, Seymour, Pebley, Sneegas and Tho~ None None The Mayor declared Resolution No. 74R-427 duly passed and adopted. PUBLI C ~!NG - ABANDONMENT NO. 74-5A: In accordance with application filed by Michael J. and Lucille H. Schwartz, public hearing was held on proposed abandon- ment of a portion of an existing public utility ground easement located within Lot No. 14, Tract No. 3346, on the east side of Valley Street, south of Orange Avenue, pursuant to Resolution No. 74R-396, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recom~ending approval of request subject to reservation of overhead easement to accommodate existing power lines and/or cross arm for overhang purposes. Mayor Thom asked if anyone wished to address the Council; there being no response, declared the hearing closed, .R~OIA~ION NO. 74R-428: Council~an Seymour offered Resolution No. 7&R-428 for a~option, approving Abandonment No. 74-5A, subject to the reservation of overbid easement as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION ~ OF A PORTION OF CERTAIN REAL PROPERT~ AND RESERVING THE~ A TAIN EASEMENT FOR PUBLIC UTILITY PURPOSES. (No. 74-5A) City Hall~ Anaheim~ Calif0,rnia -COUNCIL MINUTES -'September 3~ 1974~,' 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ZlEMBERS: COUNCIL MEMBERS: ~aywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-428 duly passed and adopted. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 132: To consider the adoption of General Plan Amendment No. 132 as Seismic and Safety Element of the Anaheim General Plan. The City Planning Commission, pursuant to Resolution No. PC74-167, recommended that the City Council adopt General Plan Amendment No. 132. Mr. Don McDaniel, Planning Supervisor, advised that it is a requirement of State law at the current time that a Seismic and Safety Element be prepared and adopted by Communities in this State as a part of the Cities' General Plans. He introduced Mr. G. Alan Datum, Assistant Planner, who s,-marized the contents of the proPOsed Seismic and Safety Element and the potential impact as a result of adoption. At the conclusion of Mr. Daum's presentation, the Mayor advised that he had not received a copy of the proposed Element to be adopted and would, there- fore, suggest that the public hearing be rescheduled. Mr. McDaniel apologized and distributed copies of the proposed General Plan Amendment No. 132 to the Council, noting that the deadline for adoption is September 20, 1974. The Mayor asked if there were any individuals in the audience who were in attendance to express their view on the proposed General Plan Amendment No. 132, and Mr. Wayne Callaghan representing Anaheim Hills, Inc. responded, stating that he also intended to seek a two-week continuance to study the Element. On motion by Councilmen Seymour, seconded by CoUncilman Pebley, the public hearing on General Plan Amendment No. 132 - SeiSmic and Safety Element of the Anaheim General Plan was continued to September 17, 1974, 1:30 P.M. MOTION CARRIED. Mayor Thom questioned the indication in the proposed Element that it will incorporate a County Seismic and Public Safety Element, as well, and noted that since the County document will not be readY until January, he could not be certain that it should be included in the Anaheim Element unless it can first be revlewedby .the Council. Mr, Daum replied that'the County Seismic and Safety Element would be. a supplement and that the City of Anaheim General plan Amendment No. 132 would com- ply. and satisfy the state requirement as it is written. ENTERTA~NT. AND ANUS.E~ DEVICES PERMITS: The following applications were submitted and granted as recommended by the'Chief of Police, on motion by Councilmen Pebley, seconded by Councilwoman Kaywood: 1. AppliCation filed by Daniel F. Maynard for Entertainment Permit to allow piano, vocalist and pantomine at the Red Lion Inn, 120 E. Lincoln Avenue, Thursday through Sunday from 9:30 P.M. to 1:30 A.M. and Sunday from 6:00 P.M. to 10:00 P.M, for a period of one year, subject to provisions of Chapter 4.18 of the An~heimNunicipal Code. 2. Application filed by Leonard M. Scott for Amusement Devices Permit to allow various assorted a~usement device mechines at Lenny's Family Billiards, 621/'623 EUclid Street, subject to provisions of Chapter 4.20 of the Anaheim Municipal Code. MOTION CARRIED. 7/,-879 City Hall, Amaheim, California - COUNCIL MINUTES - September 3~ 1974~ 1:30 P.M. REQUEST FOR ILEFUND - DINNER-DANCING PLACE PERMIT FEES - "ELLIE'$ PLACE": The City Clerk submitted request received from Mr. Charles R. Roslund for refund of the $250 license fee and $25 application fee paid in the course of applying for a Dinner-Dancing Place Permit for "Ellie's Place", 1652 W. Lincoln Avenue, which has subsequently been withdrawn, together with recommendations from the Police Department and City Attorney's Office that subject fee be refunded. However since a portion, at least of this, has been expended towards the investigation of the applicant, that the $25 application fee be retained and the $250 only be refunded. On motion by Councilman Pebley, seconded by Councilman Sneegas the City Council authorized the refund of $250, collected by License Division for Dinner- Dancing Place Permit, Ellie's Place, to Mr. Charles G. Roslund. MOTION CARRIED. ENCROACI~ PERMIT NO. 74-2E: Submitted by Mr. Leo A. Elkins, proposing to encroach into a portion of an existing public utilities easement with a two-car garage or carport located at the west side of Lemon Street, east of Vermont Street. Also submitted was report from the City Engineer recommending approval of Encroachment Permit No. 74-2E provided that the installation of said encroach- ment will not exceed the height of 15 feet as measured perpendicularly from the natural level of the ground. RESOLUTION NO. 74R-429: Councilman Pebley offered Resolution No. 74R-429 for adoption, granting Encroachment Permit No. 74-2E, subject to the City Engineer's recommendation. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIHAPPROVING THE TERNS AND CONDITIONS OF AN ENCROACIIMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH LEO A. ELKINS AND SARAH J. ELKIN$. (74-2E) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: K~ywood, .Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-429 duly passed and adopted. ENV!RO__~_._NTAL I/qPACT - NEGATIVE DECLARATION - STORM DRAIN LIDA LANE AND ORANGEWOOD AVENUE: Application for exemption from the requirement to file an enviro~ntal im- pact report, prepared by the City Engineering Division, regarding the proposed storm drain construction on Leda Lane and Orangewood Avenue between Lida Lane and Euclid Street, was submitted together with the recommendation ~ade by the City Planning Commission at their meeting of August 19, 1974 that the City Council declare subject project exempt from the requirement to prepare an environ~ental impact report pursuant to the provisions of the California Environmental Quality Act. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environ- mental impact report. MOTION CARRIED. ENVIRON~-_~TAL T~ACT - NEGATIVE DECLARATION - SEWER ON VIA BURTON l~OM BURTON PLACE TO 259 FEET EAST OF BURTON PLACE: Application for exemption from the requirement to file an environmental impact report prepared by the City Engineerin$ Division,. regarding the proposad sewer .construction on Via Burton from Burton Place to 259 feet east of Burton Place to provide service to a new industrial development, was submitted tosether with the recommendation made by the City Planning Commission at their meeting of Augnst 19, 1974 that the City Council declare the subject project exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act. 74-880 City Hall, A~aheim, California - COUNCIL MINUTES - September 3, ~974~ 1:30 P.M. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council finds that this project will have no significant effect on the environ- ment and is,therefore,exempt from the requirement to prepare an environmental im- pact report. MOTION CARRIED. RESOLUTION NO. 74R-430 - AWARD OF WORK ORDER NO. 713-B: In accordance with recommenda- 'tion of the City Engineer, Councilman Pebley offered Resolution No. 74R-430 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 I~dRNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPOR- TATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CON- sTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE SUNKIST STREET AND LINCOLN AV~Ug STREET I~PROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 713-B. (Steiny & Company - $144,713.00) Poll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-430 duly passed and adopted. RESOLUTION NOS. 74R-431 AND 74R-432 - FINAL ACCEPTANCE~ WORK ORDER NOS. 827 AND 2067: On receipt of certifications from the Director of Public Works, Councilwoman Kaywood offered Resolution Nos. 74R-431 and 74R-432 for adoption. Refer to Resolution Book. RESOLUTION NO. 74R-431 - WORK ORDER NO. 827: A RESOLUTION OF THE CITY COUNCIL OF TH~ CIT~ OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMg%~T AND ALL UTILITIES AND TRANSPORTA- TION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: INSTALLATION OF FIRE SIGNALS AT FIRE STATION NO. 7, WORK ORDER NO. 827. (Smith Electric Supply) RESOLUTION NO. 74R-432 - WORK ORDER NO. 2067: 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 TRANSPORTA- TION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMa~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROV~ENT, TO WIT: WALNUT CANYON CHANNEL REINFORCED CONCRETE BOX, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2067. (Rockport Construction Company) Poll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MI~ERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution Nos. 74R-431 and 74R-432 duly passed and adopted. STIP..I~A2~gD ~NT - LEGAL ACTION - ANAHEIM. CONDOS VEP, SUS THE CITY OF. ANAHEIM (RECLASSZFIC~TION ~O. 72-73-10, VARIANCE NO. 2426, TF~NTATIVE TRACT NAP NOS. 7946, 7947 az~ 79~: The City Attorney advised that the lawsuit filed by Amaheim Condos, Ltd., relative to the project located at the intersection of Cerritos Avenue and Walnut Street (Reclassification No. 72-73-10, Variance No. 2426, Tentative Tract Map Nos. 7946, 7947 and 7948) is set for hearing on the petition of Writ of Man- date the ~orning of Wednesday, September 4, 1974. Mr. Watts related that the fact situation as the City Attorney's Office views ~t ,is that this condominium project was proposed to be built at an approxi- mate density of 18 units to the acre. The development was split into four sepa- rate tract maps and one of these has presently been developed (Tract No. 7945) 74-881 City Hall~ Anaheim, California - COUNCIL MINUTES - September 3, 1974~ .1:30 P.M. with 130 units, whereas the map as approved did provide for a maximum of 138 units. The remaining three tracts, Nos. 7946, 7947 and 7948, are undeveloped and the litigation concerns the question of proceeding on development of these under the resolution of intent to rezone the property, Resolution No. 72R-406, which approved Reclassification No. 72-73-10 and which was adopted by the City Council September 19, 1972. Discussions with the developer indicate he is willing and has offered to construct on these undeveloped three portions at a density of approximately 12 units to the acre. There are no precise plans available at the present time so there may be one or two units in excess of this figure when ultimately developed. The proposal under discussion was that these three remaining tracts be developed with a total number_of 290 dwelling units. Tract No. 7945 was developed with * what are called ,,p~fi~a units and the proposal is to develop the remaining three tracts with units known as "Smoke Tree", of which there is an existing development in the City located at Brookhurst Street and Ball Road. The total project area, when complete with the existing 130 units on Tract No. 7945 and the proposed 290 units on Tract Nos. 7946 through 7948, would be developed with 420 units versus the originally approved 552 units, which would be a reduction in density of approximately one-third. Since the lawsuit is scheduled before the Court tomorrow, the developer has proposed that the parties enter into a stipulated judgment which spells out the following: That Anaheim Condos, Ltd., would be entitled to construct a total of 290 units on Tentative Tract Nos. 7946, 7947 and 7948; that the units would be in substantial conformity to the plan and design known as "Smoke Tree" units; the City Council agree to extend for a period of one year from September 19, 1974, the resolution of intent, variance and the tentative tracts. Additionally, since it is not known at this time whether or not addi- tional variances would be needed in order to develop the "Smoke Tree" units on subject property, a provision is included in the stipulated Judgment that if such are necessary, the Council will give them "favorable consideration", which is not meant to imply that Council has committed itself to granting same. A further stipulation included is that the City will not withhold building or grading per- mits on the grounds that the zoning has expired and, in addition, will expedite processing of precise plans, final tract maps, building and grading permits. The plaintiffs are agreeing to forbear the bringing of any action based on the claim against the City which was denied at the Council meeting of August 27, 1974 (Anaheim Condos, Ltd., and Robert Ganiere) or any other claim based on these facts of litigation. Mr. Watts advised that these are the terms and conditions of the stipu- lation which is basically a two-step process, the first being to file the pro- posed stipulated judgment in Court tomorrow, if Council wishes to authorize execution of same. The second step would be that in a timely manner the reclass- ification, variance and tentative tract maps would be brought before Council for the purpose of extending the time period, and submittal by the developer of revised tentative tract maps. At the conclusion of his report, Mr. Watts asked if Council had any questions. Councilwoman Kaywood noted that the zoning originally approved' under Reclassification No. 72-73-10 was R-3, and she inquired whether this could be designated R-2 and still accomplish the same objectives as outlined. Zoning Supervisor Roberts replied chat as the proposal is presented, with a maximum of 290 dwelling units on the three remaining tracts yielding a density of somewhere between 12 to 14 units to the net acre, it would fall within the category of the current R-2 Zone. Councilman Thom remarked that if the City has a very legal assurance that the remaining three parcels (Tract Nos. 7946, 7947 and 7948) will be developed to a maximum of 290 units, it would seem to him that the zone in which they are to be developed would be i--,-terial. Councilman Seymour stated that Mayor Thom's comment is only true so long as at the time that the resolution of intent to rezone the property is extended, * Corrected.pursuant to Council action on October 8, 1974. (See Pg. 74- 74-882 City Hall~ Anaheim~ Califormia - COUNCIL MINUTES - September 3~ 1974~. 1:30 P.M. this extension is tied to the plans which Anaheim Condos, Ltd., will present at that ti~e showing the maximum 290 units. Councilwomen Kaywood reiterated that if the R-2 Zone adequately covers the situation, is there any reason why Council should not implement this zone? Councilman Thom pointed out that it could require a new public hearing before much action could be taken. The City Attorney agreed that it would conceivably require additional public hearing to alter the zoning from R-3 to R-2, but another complicating fac- tor is that during the course of discussion on the matter between himself and the Attorney for the plaintiffs, this subject has not been broached and he would hesitate to introduce a new element at this stage of the negotiations. Mr. Roberts further pointed out that although the density that is proposed would be in accordance with the R-2 zone, other factors such as lot coverage, which are not even known at this point, could possibly necessitate additional variances to comply with the R-2 zone. Councilman Thom summarized that Council is addressing itself to a stipulated Judgment, which does accomplish what has been the intent of the Council meJority, i. e., a decrease in density of the project, and he personally 'felt this should be pursued in the menner the City Attorney has outlined without introducing any new elements which would further extend the time delay in resolu- tion of the metter. Councilmen Seymour thereupon moved that the Council authorize the execution of a stipulated Judgment with Anaheim Condos, Ltd., as outlined by City Attorney Watts. Councilwomen Kaywood seconded the motion. On roll call vote requested by Councilmen Pebley, the foregoing motion carried by the following vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL HEHBERS: Pebley ABSTAINED: COUNCIL MEMBERS: Sneegas ABSENT: COUNCIL MEMBERS: None Councilmen Sneegas wished to explain that he was abstaining from voting on this matter because of the fact that due to a technicality the entire project originally proposed by the developer was scuttled and because the developer has neither the finances or the ability to endure a year or more in court proceedings to establish whether or not he had the right to proceed with the project. Further, he is abstaining not because he is against the project nor the reduction in density, but because he takes exception to the "Gun to the Head" technique in which it was handled. Councilmen Thom noted that two of the present Council Members were opposed as Planning Commissioners to this project when it was reviewed by them, as he was opposed also as a Council Member; and stated that if there is any way to achieve the goals and objectives of the citizenry over this heated public debate, then he is for it. He further stated that if it is a "Gun to the Head" technique that is being used, then the gun represents the citizens of Anaheim and their fingers on the trigger. Councilmen Sneegas pointed out that the "meJority rules" theory is not always right when it comes to a moral issue and cautioned that when the majority can force anyone to concede their own will, then all citizens of Anaheim should be very cautious in what they do, because to his way of thinking, this is a definite infringement of freedom. Councilmen Thom replied that the remeinder of the Council is content to accept the premise that in this country the meJority does rule. On report and reco~aendation of the City Attorney, Councilmen Thom moved that the Development Services Department staff discontinue proceedings to 74-883 City Ha~lt Anaheimt California - COUNCIL MINUTES - September 3, 1974~ 1:30 P.M. rezone the undeveloped property at the intersection of Cerritos and Walnut to RM-4000 initiated by Council direction on August 20, 1974. Councilwoman Kaywood seconded the motion. MOTION CARRIED. PURCHASE OF PROPERTY - NORTH OF CRESCENT~ EAST OF BROOKltURST FOR EMPLOYEE PARKING PURPOSES: The City Manager submitted recommendation from the Director of Public Works, dated August 28, 1974, that the City purchase a triangular parcel of land located on the north side of Crescent, east of Brookhurst, adjacent to the exist- ing City-owned parcel to the east (west of Valley Street), which is needed for additional employee parking for the Street and Property Maintenance Division employees. The parcel is being offered for sale at $14,500, which is deemed to be compatible with sales of industrial property in the immediate vicinity, and the City Manager thereupon recommended that the Council authorize purchase of subject property, with the funds for the cost of same to come from the Council Contingency Fund. Mr. Murdoch remarked that the City has disposed of $200,000 worth of City-owned property this year and that this is in reality a trade-off, although the funds received from sale of City-owned property do not actually go back into the Council Contingency Fund. Mr. Murdoch further explained, in answer to Councilman Seymour, that the City no longer has a capital improvement fund and the monies received for sale of properties go directly into the General Fund to become a part of the unappropriated reserve. Councilman Sneegas pointed out that certainly by purchasing this prop- erty the City would be furnishing adequate parking area for its employees which it requires other businesses within the City to do. Councilman Sneegas thereupon moved that the Council authorize the purchase of the triangular shaped parcel at Brookhurst and Crescent offered for sale at $14,500 and further that the amount of purchase price be transferred from the Council Contingency Fund. Councilwoman Kmywood seconded the motion. MOTION CARRIED. CONVENTION CENTER EXPANSION EQUIPMENT - SECURITY PACIFIC NATIONAL BANK LEASE: The City Manager submitted and, at the request of Mayor Thom, read the list of equipment proposed to be purchased under the Security Pacific National Bank Lease No. 2-B, dated August 26, 1974, totaling $24,731.74, including tax. (Copies thereof pre- viously furnished each Council Member individually.) On motion by Councilwoman laywood, seconded by Councilman Seymour, the City Council authorized the lease-purchase of miscellaneous equipment for the Convention Center Expansion as shown on Lease No. 2-B, dated August 26, 1974, totaling $24,731.74, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - ONE AUTOMATIC FLOOR SCRUBBER: The City Manager reported on informal bids received for the purchase of one automatic floor scrubber for the Convention Center as follows, and recommended acceptance of the low bid: VENDOR TOTAL AHOUNT~ INCLUDING TAX R. J. Lison, Burbank Tennant Company, Los Angeles $11,342.00 14,522.00 On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the iow bid of R. J. Lison was accepted and purchase authorized in the amount of $11,342.00, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - 12 RADIOS AND BATTERIES: The City Manager reported on the reco~aended purchase of 12 radios and batteries for the Police Department and advised that these are recommended to be purchased from Motorola, Inc., on a sole vendor basis since the built-in features on the AnaheimPolice vehicles would match these Motorola units. He advised that Motorola, Inc., has submitted a quotation in the amount of $14,852.71, including tax, for this equipment and recommended the purchase be authorized. He further noted that this is a budgeted item. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, pur- chase was authorized in the amount of $14,852.71, including tax, as recomended by the City Manager. MOTION CARRIED. 74-884 City Hall~ Anaheim~ California - COUNCIL MINUTES - September 3~ 1974~ 1:30 P.M. PURCHASE OF RqUIPHENT - FILM AND PAPER PROCESSOR WITH ACCESSORIES: The City Manager reported on the recommended purchase of one film and paper processor with acces- sories for the Police Department. He advised that this equipment is distributed by two firms in California with exclusive franchises in protected territories and that the supplier for this area is Treck Photo Company, which has submitted a quotation in the amount of $7,024.62, including tax. He noted, in answer to Councilwoman Kaywood, that this is a budgeted item. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the purchase was authorized in the amount of $7,024.62, including tax. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilwoman Kaywood, seconded by Councilman Thom: a. Claim submitted by Wayne E. Agapitos for damages sustained purpor- tedly as a result of false arrest and imprisonment, on or about May 23, 1974. b. Claim submitted by Mrs. Mary Arenas for injuries sustained purpor- tedly from fall at Police Station on wet sidewalk, on or about August 7, 1974. MOTION CARRIED. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - TAXES: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council received and filed Resolution No. 7599 from the Metropolitan Water District of Southern California, levying a tax for the Fiscal Year, 1974-75 upon taxable property lying within the City of Anaheim. (Continues the $.14 rate.) MOTION CARRIED. RECOMME~D~.ATION - ANAHEIM CHAMBER OF COMMERCE~ ECONOMIC DEVELOPMENT COUNCIL: Communica- tion from the Anaheim Chamber of Commerce, Economic Development Council, dated August 16, 1974, recommending that, in order to better promote the industrial areas of Anaheim and facilitate better identity of industry located in Anaheim, that the following names be officially designated for the defined industrial areas was sub- mitted for Council consideration: 1. Anaheim Stadium Industrial Complex - all that area now known as the Southeast Industrial Area. 2. Anaheim Canyon Industrial Complex - all that area now known as the Northeast Industrial Area. 3. West Anaheim Industrial Complex - all that area generally located on the westerly side of the Santa Ana Freeway between Orangethorpe Avenue and Santa Ana Street. 4. Anaheim Central IndUstrial Complex - that area now known as the North-Central Industrial Area. The City Manager suggested, if Council has no objections, that the mat- ter be continued for a week, as he would like an opportunity to discuss the nomen- clature with Chamber representatives with particular reference to the effect of this name change on maps already printed. Councilwoman Kaywood pointed out that changing the names of the variOus industrial areas to industrial Complexes will not have any effect if no change is made in the policies. Councilman Seymour noted that this is one of the recommendations presen- ted as a result of the Cal State Fullerton survey on business in Anaheim, that m~ny firms do not realize that they are located in an "industrial area" and that this name change would aid in any promotion the Chamber undertakes. Councilwoman Kaywood questioned what difference it could make to her if she operated a business in the Anaheim Central Industrial Complex if there are no chan~es in policy or service or public relations. She requested that the Chamber of Commerce inform her what difference they feel this name change will make. Councilman Pebley voiced concern that these proposed identities could be used by an industrial developer in his business name, who would then be taking advantage of free publicity and promotional activities initiated by the Chamber. 74 -885 City Hall, A, aheim, California - COUNCIL MINUTES - September 3~ 1974~ 1:30 P.M. /Executive Mr. Larry Sierk, Vice President, Anaheim Chamber of Commerce, stated that it was pointed out in the survey of business and industry in Anaheim that many industrial firms do not know that they are located in an industrial area or the name of that area. The Chamber was of the opinion that by using a landmark, such as the Stadium or the Canyon, to identify the defined industrial areas, that this would increase awareness and the ability to identify the various areas. He pointed out that the term "complex" is widely used throughout the country and that the Chamber would like to begin using these new titles on all of their printed materials. Councilman Pebley stated he could agree with the name change if "area" were used instead of "complex". On motion by Councilman Seymour, seconded by Councilman Thom, the City Council continued decision on proposed name changes for the Anaheim industrial areas as recommended by the Chamber of Commerce, to the meeting of September 10, 1974. MOTION CARRIED. ADVERTISING SPACE SALES PROGRAM PROPOSAL - ANAHEIM CONVENTION CENTER - KATZ AGENCY: Mr. Tom Liegler, Stadium-Convention Center Director advised that the City con- tinues to maintain rights to certain advertising space on the Anaheim Convention Center readerboard, scoreboards and theme tower for which the City originally entered a five-year agreement with Continental Airlines (which has since been terminated) for $72,000 per year. Since the termination of the Continental Air- lines agreement the City staff endeavored to sell that available space to a major advertiser without a great deal of success. In this connection, discussion was entered into with a major National advertising space sales company, the Katz Agency of New York, which has a proposal to offer to the City of Anaheim. He introduced Mr. Vernon of the Katz Agency. Mr. Vernon noted that a written presentation had been previously distri- buted to the Council Members and briefly gave a few facts about the Agency itself. He stated that his firm has been in business since 1888 and has retained some of its clients for 75 to 80 years. He stated that the company maintains 11 major offices throughout the United States in keymarket areas and does over 125 million dollars per year in volume generated. He noted that the Stadium-Arena-Convention Center advertising field is a new development for his firm, which they are just entering. Using graphic advertising materials developed for the Louisiana Super Dome, Mr. Vernon briefly demonstrated a presentation as they would develop for the Anaheim Convention Center and would present to prospective advertisers. At the conclusion of the demonstration of these materials, Mr. Vernon presented an example to give the Council a rough idea of the type of graphic materials they would develop to promote the Convention Center advertising space. Mr. Vernon replied, in answer to Councilman Pebley, that the Katz Agency proposal is to represent the City on a commission basis, and they are confident they can generate more revenues for the City than previously received. That confidence is expressed by one of the two options offered the City in the proposal booklet. He advised that as a sign of good faith and confidence, the Katz Agency is prepared, under Option No. 2, to waive all commissions and, in fact, not earn anything on the first $120,000 per year. After that point, they would share the revenues received on a 50/50 basis with the City. Councilman Thom asked Mr. Liegler if any statistics or analysis has been done by staff to determine which of the Options, No. 1 or No. 2, would be more beneficial to the City. Mr. Liegler replied that they have a great deal of confidence in the Katz Agency, so much so that they feel it might behoove the City to select Option No. 1, or the straight 15% agency commission (on the first $200,000). He stated that before making a firm recommendation on the option to be selected, he would prefer to have time to discuss the ramifications of both options with the Finance Director and City Attorney; that, at this time if Council .approves the employment of the Katz Agency as the City's advertising space sales representative, that by the time the contract documents are prepared for final Council approval, he would be prepared to recommend which option the City should choose. Further he repor- ted that should the Council approve the concept this date, Mr. Vernon would tm~diately begin selling prior to the official detailed agreement. 74-886 City Hall, Anaheimt California - COUNCIL M~NUTES -.September 3~ 1974, 1:30 P.M. Mr. Liegler summarized that the Katz Agency is proposing a five-year term agreement with Option No. 1 or No. 2 .and noted that with Option No. 2, the City may receive revenues in excess of $120,000 as compared to the $72,000 pre- viously received for this advertising space and for which the City is not receiv- ing any revenue for a portion of Chis year. Another important factor for Council consideration, Mr. Liegler stated, was that the Katz Agency offers many other promotional advantages for both the Stadium and Convention Center and for the entire City, which the City may elect to use at their own option at a later date; that at this time the only concern is for the Convention Center readerboard, score boards and theme tower. Councilwoman Kaywood observed, in comparison of the two options presen- ted, that her figures would indicate the City would be ahead with Option No. 2. Councilman Thom noted-that Page No. 4 of the presentation booklet in- cludes a plan of construction for an additional advertising sign board on Harbor Boulevard and questioned whether this would be included in the agreement. Hr. Vernon replied that at the present time the agreement proposed is for Phase No. I, or those three items outlined by Hr. Liegler only; but that it is intended Co explore in the future, the possibility of putting up 'a new board on the Harbor Boulevard frontage to replace the existing sign which is rather un- attractive, as this would be a means of generating additional revenues. Councilman Thom noted that Page Nos. 18 and 26 of the booklet submitted are devoted to explaining "the Katz commitment" and inquired whether Mr. Vernon is familiar with same. Hr. Vernon replied that he is aware of it and indicated that his firm has a track record of success; that the firm is employee-owned and consequently very highly motivated to generate bottom line income. He complimented the City on the fine job it had done in producing one of the foremost convention centers in the world and stated it would be a credit to his firm to represent it. Councilman Seymour inquired whether the Katz Agency would receive any cosmission at all on the first $120,000 under Option No. 2, to which Mr. Vernon replied they would not, but that there is a 15% standard advertising agency com- mission which would be applicable under both options, which is paid to the adver- tiser's representative agency, so that in essence on Option No. 2 the Katz Agency would have to generate $145,000 before they participate on a 50/50 basis with the City of Anaheim. On ~otion by Councilwoman Kaywood, seconded by Councilmen Sneegas, the City Council instructed the City Attorney, Finance Director, and Stadium- Convention Center Director to prepare the necessary contract, employing the Katz Agency as the advertising space sales representative for the Anaheim Convention Center, said contract to encompass either Option No. 1 or No. 2. MOTION CARRIED. CORRESP~ONDENc~: The following correspondence was ordered received and filed, on motion by Councilman Pebley, seconded by Councilman Sneegas: a. City of GardenGrove - Resolution No. 4636-74 - Endorsing the Assessment Treatment Services Center and encouraging the County of Orange to pro- vide the necessary funding. b. City of Westminster - Resolution No. 1588 - Requesting members of the California Legislature to repeal and -~_nd those sections of the California Governm~t Code pertaining to the State Employee Retirement System for State Legislators who are no longer serving due to loss of election or apportionment. c. Before the Public Utilities Commission - Application of Southern California Gas Company for authority to increase revenues to offset the effect of certain increased costs. d. Before the Public Utilities Commission - Investigation for. the pur- pose of establishing a list for the. fiscal year 1974-75 of existing and proposed crossinp at grade of city streets or county roads most urgently in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of.streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 2402 of the Streets and Highways Code. 74-887 City Hall, Anaheim, California - COUNCIL MINUTES - September 3m 1974m 1:30 P.M. e. Oranse County Mosquito Abatement District - Minutes - August 15, 1974. MOTION CARRIED. ORDINANCE NO. 3344: Councilman Seymour offered Ordinance No. 3344 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51 (11) - R-H-22,000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneesas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL HEMBERS: None The Mayor declared Ordinance No. 3344 duly passed and adopted. ORDINANCE NO. 3345: Councilwoman Kaywood offered Ordinance No. 3345 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (72-73-55 - C-l) Roll Call Vote: AYES: COUNCIL HEMBERS: Kayvood, Seymour, Pebley, Sneesas and Thom NOES: COUNCIL HEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3345 duly passed and adopted. ORDINANCE NO. 3346: Councilman Sneesas offered Ordinance No. 3346 for adoption. Refer to Resolution Book. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (71-72-30 (4) - R-l) Roll Call Vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL HEHBERS Kaywood, Seymour, Pebley, Sueesas and Thom None None The Mayor declared Ordinance No. 3346 duly passed and adopted. ORDINANCE NO. 3347: Councilman Pebley offered Ordinance No. 3347 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAH~IMAMENDING TITLE 18 OF THE ANAIIEIMMUNICIPAL CODE RELATING TO ZONING. (73-74-8 - R-1 and R-3) Roll Call Vote: AYES: COUNCIL MEHBBRS: Ka]~ood, Seymour, Pebley, Sneesas and Thom NOES: COUNCIL MEMBI~RS3 None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3347 duly pmsmmd and adopted. Councilwoman Kaywood left the Council Ctmmbers. (3:09 P.M.) ORDINANCE-NO. 3348: Councilman Thom offered Ordinance No. 3348-for adoption. 74-888 City Ha!l, Anaheim~ California - COUNCIL MINUTES~-September 3~ 1974~ 1:30 P.M. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (62) - C-R) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: TEMPORARILY'ABSENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Seymour, Pebley, Sneegas and Thom None Kay~ood None The Mayor declared Ordinance No. 3348 duly passed and adopted. Councilwoman Kaywood returnedto the Council Chambers, (3:12 P.M.) OPPOSITION TO BALL ROAD STREET WIDENING PROJECT: (Continued from the meeting of August 20, 1974 for further report from the City Engineer.) Report from the City Engineer dated August 30, 1974, was submitted which reported the results of an informational meeting conducted on Wednesday, August 28, 1974, to which property owners, apartment managersand tenants from the buildings adjoining the Ball Road Street Widening Project area were invited. The City Engineer reported that the property owners on the north side of Ball Road between West and Walnut Streets were represented by Mr. Larry Ferre, 957 South David Street, Anaheim, and those property owners between Gilbuck and Loara Streets were represented by Mr. Daniel Miller, 1191 Risa Place, Santa Ama. The results of the discussion at that meeting.were that Mr. Ferre indicated the property owners in his immediate area WOuld be agreeable to the street widening project as proposed, if a short buffered wall were constructed at the south end of each of four cul-de-sacs which terminate adjacent to Ball Road, (Salem, David, Pepper and Caplan Streets). The buffer wall is proposed with an off-set center section immediately to the north which would preclude high speed movement on the sidewalk and stop childrens' toys from going onto Ball Road. Mr. Miller, the representative for the property owners in the area be- tween Gilbuck and Loara, indicated that a buffer wall would not be suitable to them but rather suggested that the street widening project be discontinued on the north side between these two streets. In this connection it was ascertained that theCounty would continue to participate in the overall project, even if this area is deleted. Mr. Maddox explained that not performing the street widening for this section would mean that in that area there would be a 10-foot wide left-turn lame, four slightly substandard travel lanes and parking on both sides. This would not allow for construction of the median island as proposed and the contin- uous left-turn lane would have to be off-set to the south. Mr. Maddox reiterated that it will be necessary eventually to widen this portion of Ball Road between Gilbuck and Loara on the north side from its present 32 feet to 43 feet when the traffic count exceeds the number which can be safely handled on this substandard portion. He stated that he could not accurately Predictwhen the widening project would become necessary, but it is anticipated that in 10 years an a.d.t, of approximately 38,900 vehicles would be experienced on this particular section of Ball Road, and therefore, unless some events occur which are not currently antici- pated, the widening will be necessary some time in the future. Coumcilman Seymour inquired whether the County A.H.F.P. financing for the remainder of the project would be Jeopardized if the City were to exclude this particular section. Mr. Arthur Daw, Street Design Engineer, reported the results of the discussions held in this connection with the Orange County Road Department, who indicated that the project report submitted by the City of Anaheim proposed four travel lanes and a COntinUous left turn lane, and so lone as this type of facility is provided the County Road Department would continue participation. Mr. Daw explained that the widths of the lanes are left for the individual cities to determine what is reasonable for the situation as it exists. Mr. Daw reported that the County did' express concern, that even with a reduced a.d.t., Ball B~ad 7~-88g City H~!I~ Anahetm~ California - COUNCIL MINUTES - September 3~.1974t 1:30 P.M. is within the upper range for a primary highway and their staff recommendation would be that all lanes, i~cluding the continuous left-turn lane be a minimum of twelve feet wide, however this is only a recommendation and not a condition of participation for County A.H.F.P. funds. In answer to fir. Murdoch, the City Engineer advised that the County funds could not be used to participate in the cost of the buffering walls suggested for the termini of the cul-de-sac. He reported that the cost of these 42" high walls is estimated to be $2,500 if 25 feet on each side of the sidewalk is walled, and $4,600 if these walls are extended to the adjacent garages. Mr. Dan Miller, 1191 Riss Place, Santa Ann, advised that he is repre- senting the property owners of the 1500 block of Ball Road. Re noted that if it had been deemed necessary to have a large number of interested property owners at the informational meeting on August 28, 1974 and this Council meeting, this would have been done, however, it was felt by those involved that he (Mr. Miller) could adequately represent their interests. He advised that if, as indicated by Mr. Daw, the County would continue to finance the street widening project if the section on the north side of Ball Road between Gilbuck and Loara were deleted, the property owners' position would be that the City not exPand the road for this section, but rather provide the reduced travel lanes and continuous left-turn lane to retain parking on both sides of the street. Mr. Larry Ferre, 957 South David Street, reported that the property owners and residents living on the north side of Ball Road between Walnut and Flora Street are not opposed to the street widening project per se, however he pointed out that this proposed widening~ould entail remeval of a row of Oleander bushes which currently provide the only protection and buffer that the children playing in these four cul-de-sacs have from the traffic on Ball Road. He explained and cited examples of ways in vhich the Oleander bushes stop the children's bicycles, balls and other toys from traveling onto Ball Road. He noted that when these bushes are eliminated, the sidewalk will be in~aediately adjacent to the travel lanes of this highway~d~ichvould create an unsafe situa- tion for the children in the area. He noted that there are a considerable number of children living on these four cul-de-sacs. He reiterated that the residents on the north side of Ball Road in this area-are not opposed to the street widening project but do feel that some form of protection should be provided. Councilwoman Kayvood asked Mr. Ferre if he felt it would be unreasonable to ask these property owners to pay one-half of the cost of the buffering wall, to which Mr. Ferre replied although he could not speak directly for his neighbors that he did not think they vould be willing to participate, since they were sat- isfied with the existing sitUation. Councilman Sneegas pointed out that he did not feel these property owners should be required to pay for the buffering wall inasmuch as this street widening project is not being done for their convenience particularly, but for the convenience of the remainder of the City. He noted that this section of Ball Road is almost a gateway to the City, due to its location as one of the inunediate access roads to Disneyland, and further, that certainly the Council would require any developer in a similar siutation to construct a buffering wail of some type. Councilman Sneegas pointed out that the real question before Council at this time is whether or not to proceed with the street widening between Gilbuck and Loafs on the north side. He felt if Council deterattnes not to proceed with the project at that point, then there is some trade-off for the additional expense involved in the construction of the buffering vails. He thereupon moved that the Council authorize the construction of the buffering vails as proposed by the City Engineer from garage to garage, the cost not to exceed $4,600; further, that this amount be transferred from the Council Contingency Fund for this purpose; and that the street widening project on the north side of Ball Road between Giibuck and Loafs not be undertaken at this time. Prior to vote or second on the foregoing motion, Mr. Paul Singer, Traffic Engineer, was recopized by the Mayor and he presented traffic accident statistics for Ball Road between Euclid and West Street, which ha8 not been widened, in 74-890 City Hall, A~aheim., California..- COUNCIL MINUTES - September 3~ 1974~ ~:30 P.M. comparison with Ball Road between Euclid and Brookhurst Streets, which is at its ultimate width, which indicates that the section which has been widened has experienced a reduction in accident rate. Mr. Singer indicated that Ball Road between Euclid and West (unwidened) during an 18-month period had 73 collisions, 16 of which were considered prevent- able; that Ball Road between Euclid and Brookhurst (at ultimate width) in an 18- month period had 51 collisions. These statistics show that the same traffic volumes were experienced on these streets during the study period. Mr. Singer concluded that if this portion of the roadway between Gilbuck and Loara were widened to provide for proper 12-foot wide lanes and adequate ma- neuvering space, a significant number of accidents could be prevented. Councilman Seymour pointed out that in this comparison the Traffic Engineer had not taken into account the difference in land uses in the two study areas and that Ball Road, between Euclid and Brookhurst does not have anywhere near. the density ofapartment houses as exists between Gilbuck and Loara, which consequently results in much traffic in and out of driveways and moving across the left-turn lane to do so. Mr. Singer replied that in the comparison figures presented, the only accident statistics included as preventable were those which ran off the roadway or sideswiped another vehicle, as these types of accidents directly relate to inadequate lane and street width problems. Councilman Seymour replied that conversely he does not believe the way to protect those people living adjacent to this arterial highway is by running the paving up to their doorsteps. He remarked that he agreed with Councilman Sneegas' motion, but felt additional consideration should be given to the type of buffering wall technique, so as to provide something other than the usual masonry wall which tends to invite graffiti. He suggested some alternatives, and in particular that the City Engineer discuss this situation with the Parks, Recreation and the Arts Department for ideas that might be aesthetically more pleasing than a block or masonry wall. Councilman Sneegas agreed to include this in his motion provided that the wall treatment is acceptable to the property owners adjacent to same. Councilman Sneegas thereupon restated his motion directing that buffering walls of a material acceptable to the adjacent property owners be constructed by the City on private property from garage to garage at the terminus of the four cul-de-sacs adjacent to Ball Road'on the north side of the street, between Walnut and Flore Streets, the cost of said walls not to exceed $4,600; and further, not to proceed at this time with the widening of that portion of Ball Road between Gilbuck and Loafs on the north side. Councilman Pebley seconded the motion. MOTION CARRIED. RECESS: Councilman Thom moved for a ten-minute recess. Councilman Seymour seconded the motion. NOTION CARRIED. (3:50 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being pre- sent. (4:.00 P.M.) RESO~,.UT~ON ~.. 74R-433 - AMENDING RATES, RULES AND REGUATIONS FOR TMB SALE AND DISTRI- BUTI. ON OF ~ER,(ESTABLISHING A NEW SCHEDULE W-RIANDAPPROVING COMMODITY ADJUSTMENT CLAUSES: .On report by the City Manager, Councilman Seymour offered Resolution No. 74R-433 for adoption, approving amendment to the Water Rates, Rules and Regula- tions to establish a new Schedule W-R1, Residential/Irrigation Water Service and · to approve administration of the Water Commodity Adjustment Clause in accordance with reco~nendatiOns of the Utilities Director. Refer to Resolution Book. A RESOLUTION OF THE CII~/ COUNCIL OF THE CITY OF ANAHEIHAHENDINGRATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255 AND 73R-387. 74-891 City Ha!l~ Anaheimt California - COUNCIL MINUTES - Septe~be= 3f.1974t 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL HEHBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-433 duly passed and adopted. RESOLUTION NO. 74R-434 - AGREEMENT WITH ROBERT KILLION~ TEMPORARY SERVICES AT ANAHEIM HILLS GOLF COURSE: Mr. Murdoch reported that the proposed agreement is necessary sinceMr. Robert Killion, Golf Pro at the Anaheim Hills Golf Course, has been asked to provide services which are specifically excluded from his contract, i.e., the scheduling of tournament starting times and weekend and holiday starting times at the Anaheim Hills Golf Course. Mr. Killion is willing to perform these additional services, however he feels the City should reimburse him for what the cost to the City would have been for these services. Therefore, pursuant to the recommendation of the Parks, Recreation and the Arts Director that he receive on a monthly basis the sum of $320, to be paid from the receipts of the Golf Course, the proposed agreement was drafted. Mr. Murdoch replied to Councilman Thomas question regarding the status of any such agreements and contracts should the City lease the Anaheim Hills Golf Course to a private operator, that this proposed lease contract would be subject to the City's existing contracts. Mr. Watts assured Council that in recoEnition of the uncertainty of the problem, it is proposed that the subject agreement with Mr. Killion be on a tem- porary basis, expiring December 31, 1974, after which time either a new arrange- ment will be made or this function carried out by the new lessee. RESOLUTION NO. 74R-434: Councilman Seymour offered Resolution No. 74R-434 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFANAHEIMAPPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT ~HEREIN ROBERT KILLION RENDERS TEMPORARY SERVICES AT ANAHEIM HILLS GOLF COURSE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON-BEHALF OF THE CITY. (scheduling Df all tournaments, plus week- end and holiday starting times, $320 per month terminating December 31, 1974.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Se)vaour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL HEHBERS: None The Mayor declared Resolution No. 74R-434 duly passed and adopted. TRANSFER FROM UNAPPROPRIATED RESERVE - GEOCODING GRANT FUNDS (~75~000): On motion by Councilman Seymour, seconded by Councilwoman Kaywood,. the City Council authorized transfers as requested by the Finance Directors of $75s000 from the 197&-75 Unappropriated Reserves to finance work to be completed under the Geocoding Grant (completely reimburseable). MOTION CARRIED. RESOLUTION NO. 74R-435 - COLORADO-CRESCENT ANNEXATION {UNINHABITED}:. Pursuant to authority granted by the Local Agency Formation Com~ission, Resolution No. 74-94, Councilman Seymour offered Resolution No.. 74R-435 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAheIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIMOF THE TERRITORY KNO~NANDDESIGNATED COLORADO-CRESCENT ANNEXATION. Roll Call Vote: 74-892 City Ha!l~ Anaheimm California - COUNCIL MINUTES - September 3.~ 1974~ 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-435 duly passed and adopted. RESOLUT..!ON ~...74R-436 - TUSTIN-MIRALOMANO. 4 ANNEXATION {UNINHABITED}: Pursuant to authority granted by the Local Agency Formation Coa~ission, Resolution No. 74-94, Councill~an Seymour offered Resolution No. 74R-436 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI/~APPROVlNG THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED TUSTIN-HIRALOHA NO. 4 ANNEXATION, Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-436 duly passed andadopted. CONDITIONAL USE PERMIT NO. 1461 - TERMINATION STATUS: Councilwoman Kaywood noted tlmt although she reported on the request for cancellation of a beer and wine license submitted bYMammaCozza's No. 2 (Conditional Use Permit No. 1461), she had neglected to authorize the termination of Conditional Use Permit No. 1461 and moved that staff be directed to initiate proceedings to terminate same. Upon being informed that this procedure has already been initiated by the Development Services Department staff, Councilwoman Kay~ood withdrew her motion. CITY COFSPO~RSHIP - "DAD MILLER GOLF TOURNAMENT": Mayor Thom introduced Mr. John Claredie, President of the AnaheimMen's Golf Association, who notified Council of his current project promoting the 'bad Niller Golf Tournament". He requested Council's assistance with the tournament', asking that the green fees for the tournament contestants be reduced by approximately $1.50 to $2.00. He advised that this is a charitable project, that the proceeds would be donated to the Braille Institute and Chat they are in need of much assistance this year due to the fact that some of the costs of iast year's tournament were held over. Mr. Claredge stated that the City of Anaheim does not conduct an annual City championship golf tournament and he is attempting to promote the annual "Dad Miller Golf Tournament" towards this end. Mr. Murdoch advised that the City has co-sponsored the "Dad Miller Golf Tournament" each year and it has been felt previously that this is a City tour- na~ent to the extent that the City is shown as a Joint sponsor. He pointed out that last year there were c°~ercial sponsors and although the green fees were handled in a different manner, the fees were not adjusted in any way for the - tour na~ent. Councilman Pebley pointed out that the City cannot lower the greens fees for this particular event without setting a precedent for similar requests from. other groups. Mr. Murdoch su~ested that the City Council might authorize co-sponsor-' ship with financial participation to some extent in another area, such as the purchase of trophies. Councilman Pebleymoved 'that the Council authorize the City of Anaheim to co-sponsor the annual "Dad Miller Golf Tournament" to the extent of $250, to be used for purchase of trophies for said tournament, the City to be shown on said trophies as co-sponsor of the tournament. 74-893 City Hall, Anaheim, California - COUNCIL MI_NUTES - September 3~ 1974~ 1:30 P.M. Mr. Murdoch noted that since part of the total tournament event is a banquet scheduled to be held at the Anaheim Convention Center, perhaps the City might be able to participate financially in this portion, if the motion were not worded specifically to utilize the money for purchase of trophies. Following further discussion of the matter, Councilman Pebley amended his motion to state that the City Council authorize the City of Anaheim's co- sponsorship of the annual "Dad Miller Golf Tournament" for 1974, with financial participation in the amount of $250. Councilman Seymour seconded the motion. MOTION CARRIED. REQUEST - REDUCED RATES FOR SENIOR CITIZEHS AT THE ANAHEI~MUNICIPAL AND ANAHEIM HILLS GOLF COURSES: Mr. John Claredge, President of the Anaheim Men's Golf Association, requested Council consideration of granting a reduced or special rate for resident Anaheim Senior Citizens, ages 65 or over, at the Municipally-owned golf courses on weekdays between certain hours. He advised that he would like very much to announce that the City intended to do this for its senior citizens at the "Dad Miller Golf Tournament" banquet. He noted that there are many cities which have afforded such privileges to their senior citizens. Councilman Seymour informed Mr. Claredge that because of the-negotia- tions which are currently underway to lease one of the golf courses to a private contractor, the Council cannot in any way amend the present rate structures on a permanent basis. He advised that although he personally would be in favor of such a reduction in rates for senior citizens, he would be very reluctant to even discuss this matter until the negotiations are complete. He assured Mr. Claredge that the Council does intend that the golf course to be leased would be operated in the same manner as a municipal course, but by a contractor, and that prior to any decision by the Council relative to such lease agreement, a public hearing would be held to allow the citizens to voice their opinions. The City Attorney also interjected that he personally does not feel it is absolutely clear that there would be no legal problem with the establishment of a special rate for senior citizens at the golf courses. No further action was taken by the City Council. RmROLUTION NOS. 74R-437 AND 74R-438 - APPLICATION FOR STATE GRANT FUNDS - RIVERDALE AND JUAREZ PARK PROJECTS: On report and recommendation of the City Manager, Councilman Seymour offered Resolution Nos. 74R-437 and 74R-438 for adoption. Refer to Resolution Book. RESOLUTION NO. 74R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO APPLY FOR 1974 STATE GRANT FUNDS PURSUANT TO THE STATE BEACH, PARK RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974, FOR RIVERDALE PARK PROJECT. RESOLUTION NO. 74R-438: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO APPLY FOR 1974 STATE GRANT FUNDS PURSUANT TO THE STATE BEACH, PARK RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974, FOR JUAREZ PARK PROJECT. Roll Call Vote: AYES: COUNCIL MENBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL HEHBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 74R-437 and 74R-438 duly passed and adopted. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:55 P.M. City Clerk/