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1974/10/1574-1016 City Hal~ Anaheim, California - COUNCIL MINUTES - October 15~ !974~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Hougard CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Charles Roberts UTILITIES DIRECTOR: Gordon W. Hoyt PAR~S, RECREATION AND THE ARTS DIRECTOR: John J. Collier RECREATION SUPERINTENDANT: Lloyd J. Trapp PERSONNEL DIRECTOR: Garry O. McRae WATER DIVISION CIVIL ENGINEERING ASSOCIATE: Ray Auerbach Mayor Thom called the meeting to order. INVOCATION: Reverend Jim Green, of Bethel Baptist Church, gave .the Invocation. FLAG SALUTE: Councilman John Seymour led the Assembly in the Pledge of Allegiance to the Flag. ORANGE COUNTY WATER DISTRICT REPORT - WATER qUALITY MA~G~IENT P~: Hr. Darrell Bailey, representing theOrange County Water District, distributed copies of a booklet entitled "Review Summary of the Comprehensive Water Quality Management Plan for the Santa Aha Region", dated October, 1974, and advised that there will be a public hearing held in Santa Ana on October 25, 1974, for discussion and comments by interested persons within the Santa Ana Watershed. He stated that the Water District desires to encourage endorsement by the City, and to have a representative participate in the hearing. With the aid of flip-chart illustrations, Mr. Bailey then briefly described the background and proposal comprising the plan, as reported in the review s~ry. With reference to the proposed reduction of salt addition to the water, Councilman Pebley reported that the City of Corona does not allow installation of water softeners. Concerning agricultural and livestock waste coming from the upstream communities, he noted that many of the dairy farms which were previously located in the Artesia-Cypress area have relocated in the vicinity of Chino. Utilities Director Gordon Hoyt referred to his memorandu~ report dated October 14, 1974 (copies furnished each Council Member), recommending that the basin plan for the Santa Ama Watershed be approved in concept by the Council. He called attention to the high'cost of the plan estimated at 13~billion dollars, but noted the desirability of the end result. Me advised that it has not yet been determined what agencies will be responsible for the various segments of the plan, nor who will administer the plan; however, it is hopedthat one of the existing agencies can be utilized in order to keep costs a~ a minimum. Councilwoman Kaywood asked for an indication as to whether the pipeline to be installed for the County Sanitation District (Santa Ana Canyon Interceptor Sewer, Reach No. 3) should be of a 33 inch or 39 inch size. Mr. Hoyt stated he was not prepared t6 comment at this time. Mr. Bailey stated that either size would be satisfactory to accomplish the goal of the Orange County Water District; that if the smaller size was selected, up-stream communities would have the responsibility to extract the salt so they would have less salt water to put in. He did not think this would create an undue hardship, and he was of the opinion that the better method is to have source control. He noted that the line would not be used as a sewer, and the aim would be to have a very concentrated brine which would not result in great flows. It was moved by Councilman Seymour, seconded by Councilwoman Kaywood, that the Santa Aha Water Basin Plan be approved in concept. MOTION CARRIED. 74-1017 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M. MINUTES: Minutes of the regular meeting of the City Council held September 10, 1974, were approved as corrected (typographical errors), on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilwoman Kayvood seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - F!NAN~IAL DEMA~,S AGAINST THE CITY: Demands against the City in the amount of $663,101.59, in accordance with the 1974-75 Budget, were approved. PUBLIC ~EARING - ABANDONMENT NO. 74-4A: Public hearing vas held on proposed abandon- merit of a portion of a former Anaheim Union Water Company easement located east of West Street, south of Romneya Drive, in accordance with application filed by Mr. Paul Bruckner, Jr., pursuant to Resolution No. 74R-472, duly published in the Anaheim Bulletin and notices thereof posted in accordance With law. Report of the City Engineer dated August 27, 1974, was submitted recom- mending the abandonment of the entire easement lying between West Street and Ro~neya Drive, inasmuch as the Anaheim Union Water Company easement west of West Street has previously been abandoned. Mayor Thom asked if anyone wished to address the City Council, there being no response, he declared the hearing closed. R~SOLUTION NO. 74R-505: Councilman Pebley offered Resolution No. 74R-505 for adoption, approving Abandonment No. 74-4A as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIiEIN ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN PROPERTY DESCRIBED HEREIN. (74-4A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMB~S: Kay~ood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None · he Mayor declared Resolution No. 74R-505 duly passed and adopted. PUBLIC ~FARING - RECLASSIFICATION NO. 74-75-9~ ENVIRONMENTAL ~ACT REPORT NO. 133 AND TENTATIVE MAP~ TRACT NO. 8758: Application filed by the Anaheim High School Dis- trict requesting a change in zone from R-A to RM-4000 to per,Lit the establishment of a 156-unit, 157-1ot RM-4000 subdivision on property located at the southeast corner of Vermont Avenue and East Street. The City Planning Commission, pursuant to Resolution No. PC74-190, recommended that the City Council certify the draft E.I.R. No. 133 as in compli- ance with the California Environmental Quality Act and State Guidelines, and further recommended approval of Reclassification No.~74-75-9 to the RM-4000 Zone, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 2. That the owner(s) of the subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing. 74-1018 City Hall~ Anaheim~ California - COUNCIL MINUTES - October '15~ 1974~ 1:30 P.M. 5. That a 6-foot masonry wall shall be constructed along the east and south property lines. 6. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 7. That subject prOperty shall be developed substantially in actor~ dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 12. 8. That the petitioner shall submit final floor plans and elevations to the Planning Commission and City COuncil for approval. 9. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 8, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 10. That Condition Nos. 3, 5, 6, and 7, above-mentioned shall be com- plied with prior to final building and zoning inspections. Council Members Pebley and Sneegas both stated they owned property in the immediate vicinity, across the street from subject property, and asked whether said ownership would constitute a conflict of interest. Mr. Watts counseled that the fact of property ownership in the area would not constitute a conflict of interest, unless by reason of that ownership, the Council Members have formed some pre-Judgment, whiCh would constitute a c°n- flict of interest. Both Council Members stated that they had not received notice of the public hearing, and had formed no pre-Judgment in the matter. Zoning Supervisor Charles Roberts noted the location of subject prop- erty, the existing Uses and zoning in the immediate area, and s,~rized the evi- dence submitted to and considered by the City Planning Commission. He advised that this was the.first request to be processed for the newly adopted RM-4000 Zone, and he noted that the extra lot will be designated as a common recreation area. Referring to the site plan posted on the east wall of the Council Chambers, he noted the perimeter drive situated behind the landscaped setback, and the single-story construction projected along the south and east property lines. Also noted was the provision for 2-car garages for each unit, plus open space parking along some of the private drives, and parking bays located throughout the project, for a total of 100 open parking spaces. In conclusion, Mr. Roberts stated there were no specific plans as yet for the common recreation area, and he called attention to the 20-foot landscaped buffer strip provided along the east and south property lines, adjacent to the single-family residences. Councilwoman Kaywood noted that the number of parking spaces as reflected on Page NO. 14 of the Environmental Impact Report was atotal of 4.5 spaces per dwelling unit, while the Development Services Department staff report depicts 2.6 parking spaces per dwelling unit. In addition, she questioned the source of the 300,000 figure estimated as the City'~ ultimate population satura- tion level as depicted .in the Environmental Impact Report. Mr. Michael Dory, of Chapman, Phillips, Brandt, Reddick and Associates, Irvine, California, authorized Agent representing the Petitioners, came forward to answer Councilwoman KaYW°od's query, advising that in the early stages of the planning for the project, a different architectural concept was contemplated, which would have provided more parking spaces. After an economic investigation, the plan was changed; instead of four spaces per unit, they provided 2.8, however theywere still in excess of the City's requirements for the RM-4000 Zone. He reported that the 300,000 figure was the most current available, and was taken from the 1969 Anaheim General Plan. Councilwoman Kaywood asked what noise reduction factors would be e~ployed for those units located, adjacent to East Street and Vermont Avenue, and whether the buildings would be insulated. Further, she questioned whether the existing avocado trees would be retained. 74-1019 City Hall~ Anahetm~ California - COUNCIL MINUTES - October 15~ 1~74~ 1:30 P.M. Mr. Dory explained that the generous setback will take the form of an earthen berm with landscaping, which will result in an almost 70-foot setback along East Street and Vermont Avenue; in addition, architectural sound attenuation measures such as heavy shake on the walls adjacent to the streets will be used, which they believe will reduce the sound level in the dwellings to well below the established maximum. He further advised that after a sound specialist investi- gates the matters as to how much sound is actually generated by the traffic~ they will determine Just how much insulation will be necessary; however they do plan insulation and dead air chambers between units. The three existing avocado trees will be retained. In response to questions by Councilman Sneegas, Mr. Dory reported that the earthen berms will be located adjacent to the two streets, and since they will have more space along East Street, that berm'will be the higher of the two. Along the east and south sides of the property, they envision a twenty-foot level setback with landscaping and a six-foot concrete and wood wall. There will be no two-story structures located within 150 feet of any residence on adjacent property. Mayor Thom asked if anyone else wished to address the City Council in favor of subject applications, there being no response, asked if anyone had opposition to present. Mr. Clyde Farrell, 1023 South Dove Place, stated that although he was not opposed to the project, he had questions to ask on behalf of several property owners on Avocado Street and Dove Place. He advised that they were opposed to a three-foot earthen berm adjacent to the east and south sides of the property as originally proposed, since this would reduce the size of the fence to three feet, and allow visual intrusion of their properties. Mr. Dory advised that there will be no berms on the south and east sides of subject property. Other questions asked by Mr. Farrell pertained to whether the six-foot wall would be located on the south and east property lines, or set back a few feet leaving a "dead" area, and to the possibility of access to the property in the vicinity of Hukee Avenue. Mr. Dory stated that the developer is willing to meet with the property owners to work out the most equitable terms; that any existing block walls on adjacent properties may be retained if desired; further, there would be no entry into adjacent property through the east or south sides of subject property. Mr. Farrell advised that Mrs. Benke, of 909 South Avocado Street, has requested that the existing avocado trees behind her property be kept trimed to preclude the possibility of children climbing the trees and thereby entering her yard. Re asked whether the garages in the proposed development would face the streets, and whether existing overhead utility lines on an easement along their property boundaries could be relocated to avoid the extensive trimming to prevent interference with the power lines. Mr. Dory was of the opinion that it would be premature for him to comment on the disposition of existing peripheral overhead power lines, however, the City requres subject property to be serviced by Underground utilities. Mr. Roberts noted that the public utility easement referred to is a five-foot easement within the existing R-1 properties, and is not subject to any conditions in connection with subject reclassification. Mr. Farrell asked why the easement had been placed only on the R-1 properties rather than on both sides of the property. He questioned at what grade the six-foot wall would be constructed, since the subject property is 1½ feet lower than the R-1 property. Hr. Roberts explained that the easements were so located some tim ago in connection with development of the subdivision in order to provide necessary service. He stated that the wall would be measured from the highest adjacent grade level. 74-1020 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ .1:30 P.M. Mr. Farrell remarked that the homeowners he had spoken to have no objections to the proposed development, if the fencing can be worked out as stipulated. Mr. Roberts advised that if some agreement can be reached between the developer and adjacent homeowners for the retention of existing walls, the condi- tion of a six-foot wall along the north and east property lines would be satisfied; however, if the property owners do not wish to retain these fences, then the devel- oper will have the responsibility to construct the wall. The height of the wall will be measured from the highest finished grade of the property, or the grade of the adjacent property, if higher, and he pointed out that if landfill is required to provide adequate drainage, the finished grade of subject property could be higher than that of those adjoining. The Mayor asked if anyone else wished to address the City Council in favor or in opposition to the proposed development, there being no response, he declared the hearing closed. Councilman Seymour expressed extreme pleasure at having a developer come before the City Council concerninga 20-acre parcel with all problems worked out, and he complimented both the Agent and the representative of interested home- owners in the area for their professional presentations, thus allowing the matter to be expedited at the Council level. CERTIFIC.~TION - ENVIRONMENTAL IMPACT REPORT NO. 133: Environmental Impact Report No. 133 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify on motion by Councilman Seymour, seconded by Councilmen Pebley, that Environmental Impact Report No. 133 is in compliance with the California Environmental Quality Act and the City and State Guidelines. MOTION CARRIED. · RE~OLUT~0N NO. 74R-506: Councilman Seymour offered Resolution No. 74R-506 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Com- mission. Refer to Resolution Book. A RESOLIFflON OF THE CITY COUNCIL OF THE CITY OF ANAMBLM FINDING AND DETERMINING THAT TITI~ 18 OF THE ANAItEIMMUNICIPAL CODE R~LATING TO ZONING SHOULD BE AMENDED · AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (74-75-9 - RH-4000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-506 duly passed and adopted. TEI~fATIV~. NAP~ TRACT NO. 8758 (RECLASSIFICATION NO. 74-75-9 AND E.I.R. NO. 133): Developer, C. Michael, Inc.; property located at the southeast corner of East Street and Vermont Avenue and contains 157 proposed RM-4000 zoned lots. The City Planning Commission, at their meeting held September 16, 1974, approved said tentative map, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 8758 is granted subject to the approval of Reclassification No. 74-75-9. 2. That should this subdivision be developed as more than one subdivi- sion, each subdivison thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served by underground utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 74-1021 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M, 5. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of tb.e proposed functioning of the operating corporation, including but not limited to the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the pur- chasers of the project. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the vehicular access rights, except at street and/or alley openings, to Vermont Avenue and East Street shall be dedicated to the City of Anaheim. 9. That a modified cul-de-sac shall be provided at the terminus of Hukee Avenue subject to the approval of the City Engineer.. 10. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 11. That street names shall be approved by the City of Anaheim prior to approval of a final tract map. 12. That prior to the approval of the final tract map, the petitioner shall submit final floor plans and elevations to the Planning Commission and City Council for approval. On motion by Councilman Sneegas, seconded by Councilman Pebley, Tenta- tive M~p, Tract No. 8758 was approved, subject to the conditions recommended by the City Planning Commission. MOTION CARRIED. HALLOWE.~N FESTIVAL TEEN DANCE: Request of the Anaheim Chamber of Commerce/Anaheim Plaza for permission to conduct a dance for teenagers at the Anaheim Plaza from 9:00 p.m. to 1:00 a.m., Saturday, October 26, 1974, as part of the Annual Halloween Festival was approved, subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilwoman Kaywood, seconded by Councilman Thom. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Mr. Craig R. Hoenig, for Amusement Devices Permit to allow one cigarette machine, one juke box and two pinball devices to be installed at the Golden Key, 2625 West Lincoln Avenue, was sub- mitted and granted, subject to provisions, of Chapter 4.20 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilwoman Kaywood, seconded by Councilman Thom. MOTION CARRIED. FIREWORKS DISPLAY PERMIT - HALLOWEEN FESTIVAL: Application filed by the Astro Pyrotechnics and the Anaheim Chamber of Commerce for permit to allow public fire- works displayOctober 26, 1974 at La Palma Park in connection with the Halloween Festival and Parade, was submitted and granted as requested, on motion by Council-mn Pebley, seconded by Councilman Thom. MOTION CARRIED. BUSINESS LICENSE FEE WAIVER - RANSEN SCHOOL P.T.A. CARNIVAL: Request of Mrs. Stephanie Normandin, Co-Chairman, Ways and Means Committee, Hansen School P.T.A., for waiver of business license fee for a carnival to be sponsored by the Hansen School P.T.A. and be held on the school grounds, October 19, 1974, was sub- mitted together with reports from the Cit~ Attorney and the License Collector recommending approval of said waiver for those activities operated by the P.T.A. members. Councilman Sneegas moved that business license fees be waived for only those activities operated by the P.T.A. members, provided that all safety and fire regulations are complied with. Councilman Pebley seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1204 - EXTENSION OF TIME: Request of Mr. Jay Kingry of Pacific Outdoor Advertising Company dated August 27, 1974, was submitted for an extension of time to Conditional Use Permit No. 1204, together with reports from the Development Services Department and the City Engineer. 74-1022 City Hall~ Anaheim, California - COUNCIL MINUTES - October 15, 1974~ 1:30 P.M. Councilwoman Kaywood pointed out that the original request to allow the billboard was granted by the City Council after the City Planning Commission had denied the application; that subsequently a retroactive extension of time was granted, and she questioned what extenuating circumstances exist which made this action necessary. Mayor Thom noted that the Petitioner had previously stipulated that if' another use for the property in question takes place, they will remove the sign on 30 days' notice, and evidently there has been no change in the la~d use. Snapshot photographs of the two-sided sign were reviewed by the City Council. Councilwoman Kaywood moved to deny the extension of time. Said motion died for lack of a second. Councilman Pebley moved that an extension of time be granted for one year, or until such time as the property develops, whichever occurs first. Councilman Sneegas seconded the motion. To this motion, Councilwoman Kaywood voted 'bo". MOTION CARRIED. RECLASSIFICATION NO. 67-68-7 - EXTENSION OF TIME: Request of James J. McCarthy, VTN Consolidated, Inc., on behalf of Presley Development of Southern California, was submitted for an extension of. time to Reclassification No. 67-68-7 for compliance with certain conditions pursuant to Resolution No. 67R-617, together with reports from the Development Services Department and the City Engineer. In response to question by Councilwoman Kaywood, Mr. Roberts explained that the resolution of intent to zone property described in Reclassification No. 67-68-7 included a very large parcel of' land, a sizable amount of which remains undeveloped; that several small portions thereof have been zoned and developed individually; and that Tentative Tract Map No. 8783 (140 proposed R-H-10,000 ' zoned lots), filed on a portion of subject property, is under consideration by the City Planning Commission and has been continued to October 28, 1974. Councilwoman Kaywood moved that a one-year extension of time be granted to all undeveloped property remaining in the total parcel, said extension to be retroactive to November 7, 1967, and to expire November 7, 1975. Councilman Pebley seconded the motion. MOTION CARRIED. ENCROAC~HENT PERMIT NO. 74-7E: Submitted by M. E. Skilling, Chief Plant Engineer, Northrop Corporation, Electro-Mechanical Division, proposing to encroach into and across a portion of dedicated roadway co~mmo~_nly known as Orangethorpe Avenue, east of Lemon Street, for installation of an underground closed circuit television circuit. Also submitted was report of the City Engineer recommending approval of said request subject to the following: 1. The Applicant will have a plan prepared indicating the location of all existing utilities adjacent to the proposed bore. Said plan will be submitted to the City Engineer for review and approval. 2. The Applicant will take all necessary steps to protect the existing 12" CIP water main located approximately 31 feet south of the centerline of Orangethorpe Avenue. 3. The Applicant will take all necessary steps to protect the existing 8" main line of the Southern Counties Gas Company located approximately 36' south of the north right-of-way line of Orangethorpe Avenue. In response by Mayor Thom, Mr. Watts stated the proposed closed circuit television was apparently to be used in connection with plant security and has no relation to the CATV franchise. RESOLUTION NO. 74R-507: Councilman Pebley offered Resolution No. 74R-507 for adoption. Refer to Resolution Book. 74-1023 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIHAPPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH NORTHROP CORPORATION, A CORPORATION, AND EAST ORANGETHORPE PROPERTIES, A PARTNERSHIP. (74-7E) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-507 duly passed and adopted. ANAHEIM EAST ROTARY CLUB - PROPOSAL TO PURCHASE BUS: Communication dated October 8, 1974, was submitted from C. E. Scarbrough, President, Anaheim East Rotary Club, proposing to purchase a used bus which would be donated to the City of Anaheim and its Parks, Recreation and the Arts Department for the purpose of transporting physically and mentally disadvantaged citizens to the City's Therapeutic Recrea- tion Program. It is proposed that the Club make a down payment of $1,500, and the balance, not to exceed $6,000 be advanced by the City, to be reimbursed by the Club at a rate of $1,500 per year for four years on a non-interest basis; insurance, operation and maintenance of the bus to be the City's responsibility. Mr. Gordon Jones, 421 West Alberta Street, Committee Chairman of the Anaheim East Rotary Club for this project, addressed the City Council advising that the Parks, Recreation and the Arts Department has a need for such conveyance, and the Department Director suggested this project. He displayed a poster illus- trating a bus carrying the Rotary Club insignia and advised that the organization was a small service club of 45 to 50 members, who needed help for the financing of the purchase, subject to reimbursement to the City by the Club. He called attention to former projects of similar nature conducted by other organizations whichhe felt established a precedent and advised that the bus would be over- hauled and fitted with a hydraulic lift for wheelchairs, and that three rows of seats would be removed from the rear of the bus and tie down belts installed to secure the wheelchairs. In investigating the matter, they found' that equipping the bus would be more costly than expected. Councilwoman Kaywood moved that the City Attorney be instructed to draft an agreement specifying that the City of Anaheim will purchase a bus for the pur- pose as stated, and any other purposes for which the Parks, Recreation and the Arts Department might be able to use it..Further, that the City recognizes that over.a period of four years, the Anaheim East Rotary Club will reimburse the City for the amount advanced. Councilman Seymour seconded the motion. MOTION CARRIED. Mayor Thom felt that some recognition should be displayed on the bus. Mr. Jones returned to the microphone and called attention to the insig- nia displayed on the poster, and he requested that should the Rotary Club insig- nia be used, the City hold the Rotary Club harmless for any liability. He expressed concern that it be understood the City would assume the liability of maintenance, up-keep, insurance, etc. Mr. Watts counseled that the bus would be in the name of the City who would carry the insurance, however it could be recognized in the agreement that the Rotary Club has never had any interes~ in this bus. TRANSFER OF FUNDS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, transfer of funds was authorized in the amount of $6,000 from the CounCil Contingency Account toward purchasing and equipping a bus for the City Recreation Program. MOTION CARRIED. TENTATIVE NAPS, TRACT NOS. 8775, 8793, 8795 .A~OD 8796: Developer, Matreyek Homes, Inc., property located northwesterly of La Palma Avenue and Euclid Street and contains a total of 24 proposed R-2 zoned lots. Pursuant to request of Matreyek Homes, Inc., Council consideration of Tentative Maps, Tract Nos. 8775, 8793, 8795 and 8796 was continued to be con- sidered in conjunction with Environmental Impact Report Nos. 134 and 136, and Variance No. 2635. On motion by Councilman Sneegas, seconded by Councilman Pebley. MOTION CARRIED. 74-1024 City Hall~ Angheim~ California - COUNCIL MINUTES - October 15~ 1974~ !:30 P.M. FINAL MAp~, TRACT NO. 8660 (RECLASSIFICATION NO. 73-74-55~ VARIANCE NO. 2598 AND CONDI- TIONAL USE PF~IT NO. 1462): Developer, Dunn Properties Corporation; tract located at the northwest corner of La Palma and Magnolia Avenues and contains 26 lots pro- posed for M-1 and C-1 zoning. The City Engineer recommended approval of said final map, noting that said map conforms substantially to the tentative map previously approved, that bonds have been forwarded to the City Attorney for approval, and required fees paid. Mr. Roberts briefly summarized the report from the Development Services Department dated October 15, 1974, advising that slight changes in plans for sub- ject property caused alteration of certain lot boundaries, and in accordance with request by the Developer, the staff recommends amendment to the legal description to reflect the minor modification to the zone boundary line. In answer to comment by Councilwoman Kaywood, Mr. Roberts advised that one of the conditions of approval of Reclassification No. 73-74-55. and Tentative Tract No. 8660 was that underground utilities be provided to service the develop- ment. On the recommendation of the City Engineer, Councilman Pebley moved that Final Map, Tract No. 8660 be approved, subject to approval of required bonds by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED. RESOLUTION NO. 74R-508: Councilman Pebley offered ResolUtion No. 74R-508 for adoption, amending the legal description as recommended. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. .74R-209 ~N RECLASSIFICATION PROCEEDINGS NO. 73-74-55. 'Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-508 duly passed and adopted. TRACT NO. 7945: Report from the City Attorney's Office dated October 10, 1974, was submitte~ recommending consent to first and second amendments to recorded cove- nants, conditions and restrictions pertaining to foreclosure proceedings and con- dominium assessments. Councilwoman Kaywood referred to the second amendment, Page No. 2, Sec- tion No. 7 pertaining to the requirement that 75% of the first Mortgagees'and the City must give written consent to any proposed amendment of the condominium status of the project. She asked whether this was a standard condition. Mr. Watts replied in the affirmative and advised that although ordi- narily the City Attorney's Office takes care of these matters, one of the provi- sions of the covenants, conditions and restrictions recorded for subject tract states that any amendment must be approved by the City. On motion by Councilman Pebley, seconded by Councilman Thom, first and second a~ndments to recorded covenants, conditions and restrictions for Tract No. 7945 were approved and the Mayor was authorized to execute consent thereto. MOTION CARRIED. TENTATIVE MAPS~ TRACT NOS. 7946, 7947 AND 7948 - APPROVALOF PRECISE pLA~.S: Report from the Development Services Department dated October 15, 1974, was smmaarized by Mr. Roberts, advising that one-fourth of the total project has been developed at the northeast portion of the property, and plans submitted are for the remain- ing three-fourths of the project area. He contrasted the precise site plan with the original plot plan, both of which were posted on the east wall of the Council Chamber, and advised that due to the configuration of the various buildings and 74-1025 City Hall~ Anaheim~ California - COUNCIL MINUTES- October 15~ 1974~ 1:30 P.M. the fact that each unit will have two parking spaces in a garage immediately adjacent to the units, the "wagon wheel" type of layout has been modified to a more rectangular driveway configuration. The effect is that the approximate two- acre open space originally projected at each of the four corners of the total development have been reduced on the three remaining quadrants. Another departure from the original plan is the manner in which the northerly part of the northwest quadrant is to be developed; where a large open space for recreational purposes was formerly proposed, single-story units have been projected 20 feet from the northerly property line adjacent to single-family homes. The new plan will utilize two of the waivers requested under Variance No. 2426, one being the waiver of the minimum distance between buildings, the other being a waiver of the requirement that all lots have frontage on a public street. In conclusion, Mr. Roberts noted that the Developer's representative had originally indicated that the landscaped areas along Cerritos Avenue and Walnut Street would include certain berming techniques which would assist in breaking up the visual impact of the large parking area and vehicular circulation which surrounded the property. The newly submitted plans do not include detailed landscaping and inasmuch as more vehicular accessway will be closer to the street than originally proposed, the City Councilmay feel it even more important that the berming effect be employed in conjunction with landscaping along the arterial highways. Councilman Seymour asked what would physically separate the single- storyunits on the northerly portion of the northwest quadrant from single-family residences adjacent on the north. Mr. Roberts replied that there would be a block wall along the north boundary of subject property, and the plan indicates a 20- to 25-foot landscaped area between the wall and the closest wall of a dwelling unit within the prop- erty. The Developer continues to plan incorporation of the large common recrea- tion space in the center of the total project, as shown on the original plan, which will be used by residents of all four tract quadrants. Mr. John Waters of K.A.E., Inc., Architects, Irvine, acting Agent.for the Developers, stipulated that the earthen berms along Walnut Street and Cerritos Avenue would be constructed as part of the landscaping. Councilwoman Kaywood questioned, the height of the proposed berms, and it was determined that when a landscaping plan was submitted, the staff would review the plan and bring it back to the City Council if it was felt there Would be any problem. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, pre- cise plans for Tentative Tract Nos. 7946, 7947 and 7948 were approved, subject to the construction of berms along Walnut Street and Cerritos Avenue as stipulated to by the Developer's representative. MOTION CARRIED. RECESS: Councilwoman Kaywood moved for a five-minute recess. Councilman Seymour seconded the motion. MOTION CARRIED. (3:15 P.M.) AFTER R~CESS: Mayor Thom called the meeting to order, all Members of the City Council being present. (3:20 P.M.) PUBLIC IHPROVEHENT PROJECTS: Councilwoman Kaywood offered Resolution Nos. 74R-509, 74R-510 and 74R-511 for adoption. Refer to Resolution Book. RE~OLUTION NO. 74R-$09 - WORK ORDER NO. 839: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RF~IRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROV~ENT, TO WIT: RE-CARPETING OF ARENA STAIRWAYS AND LOGE AREA IN THE ANAHEIM CONVENTION CENTER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 839; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION 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 - November 7, 1974, 2:00 P.M.) 74-1026 City Hall, A~.aheim~ California - COUNCIL MINUTES - October 15~ 1974, !:30 P.M. RESOLUTION NO. 74R-510 - WORK ORDER NO. 668-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECES- SITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE BROOKHURST STREET AND LINCOLN AVENUE STREET AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 668-B, A.H.F.P. NOS. 590 AND 680; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEHENT 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 - November 7, 1974, 2:00 P.M.) RESOLUTION NO. 74R-511 - WORK ORDER NO. 1008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECES- SITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: FIRE STATION NO. 9, 6180 NOHL RANCH ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1008; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING 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 - November 7, 1974, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 74R-509, 74R-510 and 74R-511 duly passed and adopted. CONVENTION CENTER RE-CARPETING - WORK ORDER NO. 839: Councilwoman Kaywood suggested that in selecting new carpeting for the Convention Center Arena stairways and Loge Area, consideration be given to choosing a tweed or pattern design which would not show soil as quickly as the solid shades, and would result in a savings of maintenance costs. RIGHT-OF-WAY-CERTIFICATION - A.H.F.P. NO. 735: On motion by Councilman Sneegas, seconded by Councilman Pebley, the Mayor and City Clerk, on behalf of the City of Anaheim, were authorized to execute a right-of-way certification in connection with the right-of-way for Serrano Avenue and Canyon Rim Road, A.H.F.P. No. 735. MOTION CARRIED. RESOLUTION NO. 74R-512 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 74R-512 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Texaco Anaheim Hills, Inc., et al; S.B. Kramer, et ux.; Paul V. Dominguez, et ux.; Bessie M. Edwards; Jack L. Brookm~n, et ux.; Robert S. Davis, et ux.; Werner A. Franz, et ux.; Dept. Veterans Affairs of State of Calif. and Werner A. Franz, et ux.; Jacob Logar and Boris Pirih, et ux.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MF2/BERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-512 duly passed and adopted. pRoPOSED. CONDEMNATION FOR RIGHT-OF- WAY EASEMENT - DEL GIORGIO PROPERTY: In connection with the Hohler Drive area water system, the City Attorney reported that Henry Del Giorgio has refused to grant the City an. easement along his private roadway ko allow construction of a water line in order to service several different customers. Basically, the project has been completed with the exception of this section, and he recommended that the City Council adopt a resolution authorizing condemnation proceedings for the right-of-way easement for this purpose. 74-1027 City Hall, ~hmim~ California - COUNCIL MINUTES - October 15, ~974, 1:30 P.M. Councilman Sneesas questioned the rea~Onwhy Mr. Del Giorgio did not wish to dedicate the easement. Mr. Watts stated that the staff's reaction was that the improvement of the water system in the area was basically a City function or obligation. There was no connection between this project and the zoning applications which have been pending before the City Planning Commission and City Council. Mr. Ray Auerbach, Civil Engineering Associate in the City Water Division, explained that the water line easement being requested will be located on an existing private roadway easement through the property, across which several other property owners hold the right to use for access to their properties; there would be no loss of property to Mr. Del Giorgio. He reported that the contractor who installed the water lines in the area has finished all work except in this area. Mr. Watts briefly described the background of the situation, advising that when it was realized that the roads were private easements common to certain property owners, rather than dedicated city streets, Right of Way and Water Division personnel went to the property owners to request permission to install water lines along said road and were successful with the exception of the Del Giorgio property. In response to Councilman Seymour's question, Mr. Watts advised that 20 days after filing the resolution initiating the Eminent Domain proceedings, the City should have i~diate possession. The cost would be an estimated $100 for the easement, plus any necessary staff time. If it becomes necessary to go to Eminent Domain trial, the cost could increase. Councilman Pebley questioned the status of the zoning on the Del Giorgio property, and asked why it would not be feasible to wait for action on pending applications relative to the subdivision proposed for subject property. Mr..Watts reported that a resolution of intent for RH-22,000 zoning is pending on subject property, and public hearing has been scheduled for October 29, 1974, to consider Conditional Use Permit No. 1490, Variance No. 2630, and Tenta- tive Map Tract No. 8560, Revision No. 2 (Environmental Impact Report Supplement No. 120) proposing an 85-unit RH-22,000 subdivision. Councilmen Sneegas pointed out that the City is proposing to use said property for the convenience of people who reside on the other side, and in view of the fact that the City imposes conditions on property owners who propose to improve their properties, he felt the Property owner has the right to withhold permission for use of his private property. Mr. Auerbach noted that the new Orange Unified Junior High School in the area has been attempting to obtain the necessary roadway easement to improve the road and install a sewer line for the school, and the City needs the water line easement in order to provide badly needed service to that school, as well as property owners in the vicinity. In answer to question by Councilwomen Kaywood, Mr. Auerbach advised that a meeting had been held with the contractor this week, and he stated that he could wait for a few weeks if the easement is obtained. Otherwise, that portion of the contract would probably be deleted; and the City would install the remain- lng water line with its own forces at approximately the same cost. With either method, the Eminent Domain proceedings would be necessary, and he could see no other practical route which could be used for the water line. Further discussion was held, and Mr. Watts advised that there was no way the property owners could install the water line, which will be part of the watemmain owned and operated by the City. He suggested that the resolution authorizing Eminent Domain proceedings be adopted at this time, and the staff withhold further action pending Council action on t~e proposed subdivision on October 29, 1974, and determination of whether the property owner intends to permit the water line easement. If the condemnation is necessary at that time, much of the twenty-day period will have passed. 74-1028 City Hall, Anaheim, California - COUNCIL MINUTES - October 15, 1974~ 1:30 P.M. Councilman Seymour expressed dislike of enacting such a document before the property owner has had an opportunity to discuss the matter with the City Council, and he recommended that action on the resolution be deferred, pending disposition of the proposed subdivision. He indicated he would like to hear Mr. Del Giorgio's viewpoint. Mr. Watts pointed out that members of the City staff had spoken to the property owner on various occasions. Mr. Auerbach noted that the contractor is concerned about the fact that his 10% retention will be retained until such time as the necessary easementis obtained. Councilman Seymour was of the opinion that this was a matter which could be negotiated between the contractor and the City, and a percentage of the amount retained could be released to the contractor. Mr. Auerbach explained that as a condition of the proposed tract map, the developer would be responsible for one-half the cost of the water main. No action was taken on proposed Eminent Domain proceedings. PURCHASE OF EQUIPMENT - SUMP PUM~S: On recommendation of the Assistant City Manager, Councilman Pebley moved that the bid of Engineers Sales-Service Company, Inc., in the amount of $4,876, including tax, be accepted and purchase authorized as the lowest and best qualified bid, as the iow bid received carried a later delivery date. Councilman Sneegas seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - 46 FOOT AERIAL DEVICE: Mr. Davis reported on informal bids received for the purchase of a 46-foot aerial device for the Parkway Maintenance Division and recommended acceptance of the low bid: VENDOR Asplundh Equipment, Azusa AP, KO Equipment, Industry Cal Tec, Los Alamitos TOTAL AMOUNT, INCLUDING TAX $26,804.75 33,332.76 38,401.42 On motion by Councilman Seymour, seconded by Councilman Pebley, the low bid of Asplundh Equipment was accepted and purchase authorized in the amount of $26,804.75, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - CAB AND CHASSIS: Mr. Davis reported on the recommended pur- chase of a cab and chassis to accommodate the aerial device for the Parkway Main- tenance Division and advised that Asplundh Equipment Sales and Service Company has submitted a quotation for said equipment in the amount of $7,314, including tax, to be delivered with the aerial device as a unit. He thereupon recommended the purchase be authorized. On motion by Councilman Seymour, seconded by Councilman Thom, purchase was authorized in the amount of $7,314, including tax, as recommended by the Assistant City Manager. MOTION CARRIED. PURCiL~SE OF MATERIAL - SHIRTS AND CAPS: Mr. Davis reported on informal bids received for the purchase of mens' and boys' shirts and Gaps in connection with the City's Recreation Program and recommended acceptance of the low bids: Mens' and boys' shirts - Evans Sporting Goods, Garden Grove - $13,471.84, including tax Boys' caps - Wisser Sporting Goods, Anaheim - 14,424.48, including tax On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, the low bids of Evans Sporting Goods and Wisser Sporting Goods were accepted and pur- chase authorized in the amounts of $13,471.84 and $14,424.48, including tax, r~spectively. 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 Sneegas: 74-1029 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15, !974~ 1:30 P.M. a. Claim submitted by Darlene Leedom for injuries purportedly sus- tained as a result of accident and further worsened by actions of Anaheim Police Officers, on or about July 22, 1974. b. Claim submitted for L. E. Rethisch by State Farm Mutual Claim Office for sustained vehicle damage purportedly as a result of City of Anaheim crews spraying trees, on or about August 21, 1974. c. Claim submitted for Peter Alexson by State Farm Mutual for damage to vehicle purportedly resulting from collision with City vehicle, on or about August 26, 1974. d. Claim submitted for Robert Middleton by State Farm Mutual Insurance for sustained damage to vehicle and injuries, purportedly as a result of improp- erly working traffic signals, on or about September 4, 1974. e. Claim submitted by Fereidoon Hat-mi for sustained damage to vehicle purportedly as a result of collision with City vehicle, on or about September 11, 1974. f. Claim submitted by David H. Braunwalder for sustained injuries purportedly after being pushed from 10- to 15-foot tier at Anaheim Convention Center, on or about September 15, 1974. $. Claim submitted by Harry E. Woodward for sustained d~ge to vehicle purportedly resulting from equipment falling from City vehicle and being run over; damaging underside of vehicle, on or about October 8, 1974. MOTION CARRIED. RESOLUTION NO. 74R-513: Councilman Pebley offered Resolution No. 74R-513 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE.EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE UNIFIED SCHOOL DISTRICT TO ORGANIZE, PROMOTE AND CONDUCT A JOINT PROGRAM OF COMMUNITY RECREATION. 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-513 duly passed and adopted. RESOLUTION NO. 74R-514: Councilman Sneegas offered Resolution No. 74R-514 for adoption. R~fer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ASCERTAINING AND DETER- MINING THE pREVAILING RATE OF WAGES TO BE PAID FOR EACH CRAFT, OR TYPE OF WORKMAN, OR MECHANIC NEEDED FOR PUBLIC WORKS CONTRACTS, IN THE CITY OF ANAHEIM. 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-514 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Pebley, seconded by Councilwoman Kaywood: a. Orange County Board of Supervisors - Resolution No. 74-1412 - Envi- ronmental Protection Agency (EPA) Parking Control Regulations. b. City of Newport Beach - Resolution No. 8360 - Opposing the proposal of the United States Department of Interior to drill new oil wells off the coast of Southern California. c. City of Cypress - Resolution No. 1534 - Supporting Proposition "A" on the November 5, 1974 Ballot in order to provide a high quality transportation program in Orange County. 74-1030 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974t 1:30 P.M. d. Chief Clerk of the Assembly, California Legislature - Assembly Con- current Resolution No. 181. e. Southern California Edison Company - Changes in tariff schedules. f. Garden Grove Sanitary District - Opposing the proposed adoption of a fee schedule for use of the County dumps or transfer stations (letter to Orange County Board of Supervisors). g. Intergovernmental Coordinating Council of Orange County Resolution Service: Costa Mesa Resolution No. 74-67. Huntington Beach Resolution Nos. 3956, 3959 and 3945. Yorba Linda Resolution Nos. 691 and 695. h. Before the Public Utilities Commission - Notice of Hearing - Appli- cation of Southern California Edison Company for authority to increase rates charged by it for electric service. i. Before the Public Utilities Commission - Application of the Pacific Telephone and Telegraph Company, a corporation, for telephone service rate increases to offset increased wage, salary and associated expenses. J. Before the Public Utilities Commission - Application of the Pacific Telephone and Telegraph Company, a corporation, for telephone service rate increases to offset increased wage, salary and associated expenses, Order Denying Request for Interim Rate Relief and Providing Hearings. k. Orange County M~squito Abatement District - Minutes - September 19, 1974. 1. Santa Aha River/Santiago Creek Greenbelt Commission - Progress Report - August 31, 1974 to September 27, 1974. m. Community Redevelopment Commission - Minutes - September 25, 1974. n. Financial and Operating Reports for the month of July, 1974 for the Water Division and month of September, 1974 for the Customer Service Division. MOTION CARRIED, ORDINANCE NO.. 3361: Councilman Sneegas offered Ordinance No. 3361 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24 (2) - M-l) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Ordinance No, 3361 duly passed and adopted. ORDINANCE NO, 3362: Councilman Seymour offered Ordinance No. 3362 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-29 (1) - C-l) Roll Call Vote: AYES.: COUNCIL MEMBERS: NOES: COUNCIL MEMBERs., ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None : The Mayor declared Ordinance No. 3362 duly passed and adopted. ORDINANCE NO. 3364: Councilman Sneegas offered'Ordinance No. 3364 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-33 (6) - R-A, Anaheim Hills No. 9 Annexation) RESOLUTION NO.:74R-515: On report by the City Attorney, Councilman Seymour offered Resolution No. 74R-515 for adoption. 74-1031 City Hall, Anaheim~ California - COUNCIL MINUTES - October 15~ !974~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WHEREBY THE CITY OF ANAHEIM WILL BECOME A MEMBER OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL HEMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Seymour and Thom Pebley and Sneegas None The Mayor declared Resolution No. 74R-515 duly passed and adopted. HFH, LTD. VERSUS SUPERIOR COURT (CITY OF CERRITOS~ REAL PARTY IN INTEREST}: The City Attorney reported on notice from the League of California Cities regarding litigation involving HFH, Ltd. and the City of Cerritos concerning a matter wherein property was zoned by the City, and at a later date, there being no development in connection with the zoning action, the City reclassified the property to a lesser zone. The owner filed action on the theory of inverse condemnation by reason of the latter rezoning. The Trial Court sustained the City's demurrer and the matter went to the Court of Appeals which reversed the Trial Court's action. The current status of the case is that the City of Cerritos is petitioning the Supreme Court for hearing, and several cities in Northern and Southern California are Joining as amici curiae, inasmuch as the final determina- tion on the matter could affect zoning procedures in all cities. He asked whether the City Council had any interest in lending the City's name to such an amicus curiae brief, if filed, or in participating in the financial cost of preparing the briefs, which probably would amount to a sum between $200 and $400. In answer to Council questioning, Mr. Watts advised that if the case stands up on appeal, the authority of cities to rezone properties, take away or change the use of properties, will be affected. Councilman Pebley was of the opinion that the government agencies should not have the right to "down-zone" private property, and he pointed out that a property owner might be several years in the process of putting together a project for his comercial property. Councilman Seymour stated his philosophy was that when a government agency imposes a zone on a parcel of property, a value is created; and if no development transpires as result of that zoning, there would be little difference if that value is missing later, due to a reverse trend or philosophy. Mayor Thom pointed out that the matter concerns the discretionary powers of government to determine what land use shall be and whether these~ discretionary powers should be tampered with. Mr. Watts felt the results of the appeal could be a significant reversal of what the law has been for a number of years. Councilwoman Kaywood pointed out that the ~ultimate determination could also result in problems in upgrading the zoning on properties. She indicated her support of the amicus curiae brief. Councilman Seymour moved that the City Attorney be instructed to inform the City Attorney of Cerritos that the City of Anaheim is interested in Joining' the litigation as amicus curiae, the City's expenditure not to exceed $400. Councilman Thom seconded the motion. Councilman Sneegas requested clarification, it being his understanding that vacant property in the City of Cerritos had been rezoned pursuant to request of the property owner, and at a later time, was "down-zoned" by the city. 74-1032 City Hall, Anaheim, California - COUNCIL MINUTES - october 15~ !974~ 1:3~0 P.M. Mr. Watts stated that Councilman Sneegas was correct, as he understood the issue. Councilman Pebley'called for a roll call vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: Pebley and Sneegas ABSENT: COUNCIL MEMBERS: None MOTION CARRIED. 1974 GENERAL ELECTION - PROPOSITION 17: Utilities Director Gordon Hoyt briefed his memorandum report dated October 14, 1974, recommending that the City Council take a position opposing Pr~position 17 on the November 5, 1974, General Election Ballot, said proposition being an initiative petition to halt the new Melones Dam Project. It was his opinion that the decision on whether or not to build said Dam should be made by the citizens directly affected by the project, not by a State-wide initiative. RESOLUTION NO. 74R-516: Councilman Seymour offered Resolution No. 74R-516 fOr adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN OPPOSITION TO PROPOSITION 17, INITIATIVE PETITION TO STOP THE NEW MELONES DAM PROJECT, IN THE NOVEMBER 5, 1974 GENERAL ELECTION. Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-516 duly passed and adopted. PROPOSED LITIGATION - ESTABLIS~fENT OF BRANCH SUPERIOR COURT IN THE CITY OF FULLERTON: Communication dated October 10, 1974, directed to the City Council from California State Assemblyman John V. Briggs was submitted requesting that the City of Anaheim Join with him and the North Orange County Attorneys' Committee as party plaintiffs in suit to be brought against the presiding Judge of the Superior Court. Mayor Thom reported he had also received a telephone call from Assemblyman Briggs with reference to the issue. He stated that although he could appreciate the position of the Assemblyman and the North Orange County Attorneys' Committee, he had consulted several attorneys in this area, with the result that he could see no merit in the proposal unless the Orange County Court Clerk was also established in Fullerton since the attorneys would have to travel to Santa Aha to conduct that portion of their business. Councilmen Sneegas and Pebley indicated they did not wish to take a position on the issue. No action on the request by Assemblyman Briggs was taken by the City Council. COMMENDATION - ANAHEIM PUBLIC LIBRARY: Councilwoman Kaywood commended the Anaheim 'PuBlic Library on the National recognition received, as noted in an article con- tained in the Orange County News,for four library information brochures compiled and printed by the staff. SANTA ANA C_~A~_ON INTERCEPTOR SEWER - REACH NO. 3: Councilwoman Kaywood, the City Council's representative on the Board of Directors of the Orange County Sanitation District Nos. 2 and 3, reported on an adjourned special meeting of the Board to ~onsider the size of the pipeline to be installed for Santa Aha Canyon Interceptor Sewer, Reach No. 3, and it was determined that the issue would be brought back to 74-1033 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M. the various cities involved before the next meeting, which is to be held October 16, 1974. She expressed concern for the ultimate costs should the smaller sized pipe be installed, and at a later date it is found that an additional line must be added. She requested an indication of preference from the City Council. By general Council consent, Councilwoman Kaywood was authorized to cast a vote for installation of the larger sized pipe. PROPOSED ORDINANCE - NEWSPAPER VENDING MACHINES: Councilman Sneegas referred to his request earlier this year that the City Attorney investigate the possibility of the City requiring that machines which dispense newspapers on the City sidewalks must have opaque plastic fronts with room to display the name of the publication only, in an attempt to discourage the use of these dispensers for sale of the more liberal type of newspapers which employ suggestive photographs and headlines on the front pages. He advised that the City of Santa Ana has passed an ordinance whichrequires the. covering of newspaper stands so that only the publication name is in view. He recognized that report had subsequently been received from the City Attorney, and although the issue is controversial in ..nature, he requested that some research of the Santa Aha ordinance be conducted and consideration given to the adoption of a similar ordinance. Mr. Watts reported that discussions with Santa Aha City Attorney per- sonnel have indicated they have been successful in defending a portion of their ordinance in court. He advised that a report and recommendation could be ready for the next City Council meeting. Councilman Sneegas pointed out that he was not advocating that every newspaper stand should be covered, but that those which are on public property, available to all citizens, should either be covered or the vendors should nego- tiate with owners of private commercial property to install the vending machines thereon, where people have the option to patronize the business or not. In any case, the City should have control over what is placed on the public right-of- way. Councilman Seymour noted that if the machines were placed on private property, they could still be adjacent to a public sidewalk. Councilman Sneegas replied that if that were the case, the property owner would be responsible and would have control of wb~t is displayed on the property. Councilwoman Kaywood asked whether Councilman Sneegas was including photographs of violent acts in his definition of "suggestive". Councilman Sneegas replied that his intent was to cover all but the nameof any publication displayed on the public right-of-way. TEMPORARY T~ACT sIGNs: Mayor Thom reported on objections expressed to him by residents of the hill and canyon area regarding large advertising signs for various subdivi- sions which are located along Santa Ana Canyon Road within the Scenic Corridor. Zoning Supervisor Charles Roberts advised that provisions for temporary off-site "for sale" or "for lease" signs are contained in the sign ordinance, and such signs are permitted to be located on any vacant property, the only limita tions being in size and minimum clearance-between the ground and the base of the advertising board, with no limitations to the number of such signs for any one parcel. The Scenic Corridor Zone has no provision for controlling the size, amount, etc., of said signs. Mayor Thom suggested that the staff draft a proposed amendment to the Scenic Corridor Overlay Zone regarding these off-site tract signs, which would regulate the size and quantity of them on any one parcel of land, the size of the parcel, the double or triple decking of signs, and the length of time permitted for each sign. He noted that the residents of the area feel that these are billboard signs, as they have the appearance of billboards. Discussion was held by the City Council, and Councilman Pebley noted that tract identification signs were necessary to sell the homes, and when a sub- division is sold, the signs come down. I - I! III , I I I~ ,11 74-1034 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M. Mayor Thom concurred, but pointed out that some subdivisions are very large and take a long period of time before all homes are sold. He was of the opinion that some type of control should be contained in the Zoning Ordinance after evaluation by the Development Services Department staff and the City Plan- ning Commission. Councilman Seymour expressed the opinion that if all tract sign request~ are treated equally, that developers will have problems selling the homes. Councilwoman Kaywood stated that the purpose of these signs was to identify and inform in an attractive manner, but with the existing proliferation of the signs, none are really informative. Councilman Seymour concurred, but pointed out that the Council's instruc- tions should not be construed to open the door for a type of new sign ordinance relative to the sale of homes whichwould ban the ability to advertise the prop- erty or reduce it to such a size that it becomes totally ineffective. Councilwoman Kaywood questioned whether the City Council has, through the Scenic Corridor Zone, any control over the removal of existing trees. Mayor Thom advised that the only control in that area would be if a property was under development and one of the conditions for development prohib- ited removal of the trees. PROPOSITION "A" - PUBLIC TP, A1/SPORTATION: Mayor Thom reported'that he had been con- tacted by the Chairman of the Orange County Board of Supervisors Ralph Clark, who requested that the City Council adopt a resolution to endorse Proposition '~" on the November 5, 1974, General Election Ballot, which would impose an additional 1% sales tax for rapid transit. He noted that if passed, this measure would affect the economy of Anaheim in that it provides for the contemplated multi- modal transportation center. Councilman Pebley stated that Anaheim has automobile, truck and farm equipment agencies, as well as large lumber operations and other businesses, and he was of the opinion that people would rather travel to another county to make such large purchases, than to pay an additional 1% sales tax locally. It was noted that if the measure passes, it would be in effect in Orange and Los Angeles Counties. Councilwoman Kaywood noted that if mechanical equipment such as auto- mobiles, etc., was purchased in Riverside or San Diego Counties, the costs of returning to the agencies for maintenance would be prohibitive. Mayor Thom noted that costs of transporting supplies such as lumber could be more than the tax money saved. In addition, he was of the opinion that the existing 6~%'sales tax in Los Angeles does not appear to send business to Orange County, and the proposed 11 tax is designated for a vitally needed service. Councilman Pebley advised that the Anaheim Chamber of Commerce has taken a position in opposition to Proposition '~". RE~OLUTION NO. 74R-517: Councilwoman Kaywood offered Resolution No. 74R-517 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING PROPOSITION A, PROVIDING FOR A HIGH QUALITY TRANSPORTATION PROGRAM FOR ORANGE COUNTY, IN THE NOVEHBER 5, 1974 GENERAL ELECTION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEHBERS: COUNCIL MEMBERS: Kaywood, Seymour and Thom Pebley and Sneegas None The Mayor declared Resolution No. 74R-517 duly passed and adopted. 74-1035 City Ha!l~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:30 P.M. JOINT NE~TING - ANAMEIM CITY PLANNING COMMISSION: By general Council consent, a joint me, ting and work session was scheduled with the Anaheim City Planning Commission to be held at 7:00 p.m., November 4, 1974, in the Management Control Center. EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session. Councilman Seymour seconded the motion. MOTION CARRIED. (4:50 P.M.) AFTER P, gCESS: Mayor Thom called the meeting to order, all Members of the City Council being present. (6:35 P.M.) RESOLUTION NO. 74R-518: On the recommendation of the Personnel Director, Councilman Sneegas offered Resolution No. 74R-518 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAItEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM FIRE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 73R-489, AND AMENDMENTS THERETO. (10.6% increase, effective October 4, 1974) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL ffl~IBERS: None The Mayor declared Resolution No. 74R-518 duly passed and adopted. RgSOLUTION NO. 74R-519: On the recommendation of the Personnel Director, Councilman Pebley offered Resolution No. 74R-519 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAItEIMMUNICIPAL EMPLOYEES ASSOCIATION AND SUPERSEDING THE FOLLOWING RESOLUTION NO. 73R-488AND AMENDMENTS THERETO. (10.6% increase, effective October 4, 1974) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL fflR~BERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-519 duly passed and adopted. RESOLUTION NO. 74R-520: On the recommendation of the'Personnel Director, Councilwoman Kaywood offered Resolution No. 74R-520 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TRE CITY OF ANAItEIM ESTABLISHING RATES OF COMPENSATION FOR VARIOUS UNP.~PRESENTED JOB CLASSES AND SUPERSEDING RESOLUTION NO. 73R-490ANDAMENDMgNTS THERETO. (10.6% increase, effective October 4, 1974, non- management) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneesas and Thom COUNCIL HEMMERS: None COUNCIL HEHBERS: None The Mayor declared Resolution No. 74R-520 duly passed and adopted. RESOLUTION NO. 74R-521: On the recommendation of the.Personnel Director, Councilman Pebley offered Resolution No. 74R-521 for adoption. Refer to Resolution Book. 74-1036 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 15~ 1974~ 1:~0 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR MANAGEMENT STAFF JOB CLASSES, AND SUPERSEDING R~SOLUTION NO. 73R-491 AND AMENDMENTS THERETO. (10.6% increase, effective October 4, 1974) Roll 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-521 duly passed and adopted. RESOLUTION NO. 74R-522: On the recommendation of the Personnel Director, Councilwoman Kaywood offered Resolution No. 74R-522 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ ESTABLISHING RATES OF COMPENSATION FOR VARIOUS MANAGEMENT JOB CLASSES AND SUPERSEDING PORTIONS OF RESOLUTION NO. 73R-491 AND AMENDMENTS THERETO. (10.6% increse, effective October 4, 1974, for Division Heads and Assistant Department Heads) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-522 duly passed and adopted. ADJOURNNENT: Councilman Pebley moved to adjourn. Councilman Sneegas seconded the motion., MOTION CARRIED. Adjourned: 6:40 P.M. City clerk City Ha!l~ A~aheim~ California - COUNCIL MINUTES - October 2.2~ 1974~ .1:30 P.M. PRESENT: COUNCIL-MEMBERS: None ABSENT: COUNCIL M~MBERS: Kaywood, Seymour, Pebley, Sneegas and Thom PRESENT: CITY CLERK: Alona M. Hougard The Regular Meeting of the City Council of the City of Amaheim was called to order by the City Clerk and adjourned for lack of quorum to the next Regular Maeting, October 29, 1974, 1:30 P.M. 1:31 P.M. ~ Adjourned: Signed city Cl k