1973/10/1673-833
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 9~ 1973, 1:30 P.M.
3. To file a complaint and intervention, in association with Spiegel
and McDiarmid in the Federal District Court of Arizona, in the Case of Arizona
Power Pooling Association versus Roger C. B. Morton, et al.
Councilman Sneegas seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Thom seconded the
motion. MOTION CARRIED.
Adjourned: 6:10 P.M.
Signed
City Clerk
.~..~ty Hall~ Anaheim~ California - COUNCIL MINUTES - October 16, 1973~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, Pebley (entered at 1:37 P.M.),
Thom and Dutton
COUNCILMEN: None
CITY MANAGER: Keith A. Murdoch
ACTING CITY ATTORNEY: Alan R. Watts
DEPUTY CITY CLERK: Alona M. Farrens
CITY ENGINEER: James P. Maddox
UTILITIES DIRECTOR: Gordon W. Hoyt
ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson
CHIEF BUILDING INSPECTOR: Dan Van Dorpe
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Wayne Bibelheimer of the Magnolia Baptist Church gave
the Invocation.
FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of
Allegiance to the Flag.
PROCLAMATIONS: The following proclamations were issued by Mayor Dutton and
unanimously approved by the City Council:
"United States Day" - October 23, 1973.
"United States Week" - October 23 29, 1973.
"National Business Women's Week" - October 21 through 27, 1973.
Mrs. Josephine Fulfer and Mrs. Alma Metz, President, accepted the
proclamation on behalf of the National Business Women's A~sociation.
RESIGNATION - DENE M. DAOUST~ CITY CLERK: Mayor Dutton read aloud the letter
of ~resignation, due to retirement, submitted by Mrs. D~ne M. Daoust,
City Clerk, effective January 4, 1974.
The Mayor commented he had contacted Mr. Harold Daoust, City Purchasi~g
Agent, and learned that Mr. Daoust's retirement will also be effective
January 4, 1974, that they have plans for extensive travel amd are
looking forward to their retirement. The Mayor expressed best wishes
to both fo~ many years of a happy retirement.
73-834
C~ty Hall; Anaheim~ California - COUNCIL MINUTES - October 16; 1973~ 1:30 P.M.
Councilman Stephenson added although he was sorry to lose these two
fine people, he was very happy to hear of their plans for travel and
expressed his sincere congratulations to Dene and Harold on well-earned
retirements.
On motion by Councilman Thom, seconded by Councilman Sneegas, the
resignation of Dene M. Daoust, City Clerk, from 27 years of service
to the City of Anaheim, was received and accepted with deepest re-
gret. MOTION CARRIED.
MINUTES: Approval of the Minutes of the City Council Regular Meetings held
September 25, October 2 and October 9, 1973, were deferred to the next meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the
reading in full of all ordinances and resolutions,and that consent to the waiver
of reading is hereby given by all Councilmen unless, after reading of the title,
specific request is made by a Councilman for the reading of such ordinance or
resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $467,142.13, in accordance with the 1973-74 Budget, were approved.
gEQUEST FOR CONTINUANCE - PUBLIC WEARINGS ON RECLASSIFICATION NO. 73-74-20 AND
VARIANCE NO. 2551: The Deputy City Clerk reported that two requests for continuance
of two items on the agenda had been received, one being from William H. Miller,
Developer, for continuance to December 18, 1973 of the public hearing on Re-
classification No. 73-74-20, a change in zone from R-A to C-I, the southwest
corner of Crescent and Magnolia Avenues and Environmental Impact Report No. 99°
Mr. ~arry Knisely, Attorney, representing Joe L. and Barbara E. Lane
submitted request for continuance to October 30, 1973, of the public hearing on
Variance No. 2551, to permit a dance hall in an M-1 Zone, property located on
the north ~ide of Orangethorpe Avenue~ west of Orangethorpe Park, together with
an E.I.R. linding and dinner dance per,nit application therefor.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
public hearing on Reclassification No. 73-74-20 was continued to December 18,
1973 and public hearing on Variance No. 2551 was continued to October 30, 1973
MOTION CARRIED. '
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-17, VARIANCE NO. 2547 AND ENVIRONMENTAl,
IMPACT REPORT EXEMPTION STATUS: Application by Alfred J. and Marjorie A. Shaw re-
questing a change in zone from R-A to £-i and the following Code waivers to
establish a gift shop in conjunction ~Jtb an existing single-family residence on
the west side of Euclid Street~ north of Sally Lane, was submitted together with
application for Exemption Dec~aratio,~ gtatu~:
Building setback from ~ ~esid<.~ntia] zone.
Building height within 150 feet of a residential zone.
Minimum required number of parking spaces.
Wall adjacent to a residential zone.
Standard refuse storage area.
The City Planning Commission, p~rsuant to Resolution No. PC73-207,
recommended that no environmental impact report be required; that Reclassifica-
tion No. 73-74-17 be approved, subject te the following conditions:
!~ That the sidewalks and driveways shall be installed along Euclid
Street as required by the City Engineer and in accordance with standard plans
and specifications on file in the office of the City Engineer.
2. That the owner(s) of subject property shall pay to the City of
Anaheim the sum of 60 cents per front foot along Euclid Street for tree planting
purposes.
3~ That street lighting facilities along Euclid Street shall be in-
stalled as required by the Director of Public Utilities, and in accordance with
standard plans and specifications on file in the office of the Director of Public
Utilities; and that a bond in an amount and form satisfactory to the City of
Anaheim shall be posted with the City to guarantee the installation of the above
mentioned requirements.
73-835
City Hall, Anaheim~ California - COUNCIL MINUTES - October 16; 1973~ 1:30 P.M.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
5. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
6. That the existing structure shall be brought up to the minimum
standards of the City of Anaheim including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes, as adopted by the City of
Anaheim.
7. That appropriate water assessment fees as determined by the
Director of Public Utilities shall be paid to the City of Anaheim.
8. Prior to the introduction of an ordinance rezoning subject pro-
perty, Condition Nos. 2 and 3, above mentioned, shall be completed. The pro-
visions 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.
9. That Condition Nos. 1, 4, 5, 6, 7, and 8, above mentioned, shall
be complied with prior to the commencement of any commercial activity on the
property.
No action was taken by the Planning Commission on Variance No. 2547
inasmuch as the Applicant withdrew his request for the Code waivers at the
hearing.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by C~uncilman Sneegas, it was the finding of the City Council that the
impact of said project would be trivial in nature and that no environmental im-
pact report or statement is required. MOTION CARRIED.
Zoning Supervisor Charles Roberts noted the location and surrounding
land uses of subject property. He advised that there is presently on subject
property a two-story, single-family residence, shop building, storage building,
single-car garage and a pump house and that the property is currently used as
a residence and gun shop.
Mr. Roberts explained that the plans submitted indicate the Applicant
proposes to utilize the existing dwelling as a gift shop and a residence and
to use the existing shop building and other structures for gift display, crafts
and storage. He reported that the ground floor of the existing house would be
used primarily for residential purposes, however, the 96-square foot enclosed
porch and a portion of the living room would be used for display of wares to
be sold; and that the majority of the second floor would be used for commercial
display of gifts and antiques, with one room used for storage of the owner's
personal belongings. The plans further indicate that access to the property
is via the existing driveway and extends to the rear of the property where the
open parking spaces are propo~d~
According to Mr. R<~!~e~ti, th~ Anaheim General Plan designates the
use of street frontage in !~:i~ ~r~,~ ~ b~.Jng appropriate for highway related
commercial uses,
Of prime concern t~, th.~'. Bui]ding Division, reported Mr. Roberts,
was the proposed use of the c~xis(ing twc.-~tory frame house a gift shop, in-
.-i~uding the use of the ~ec,.n~'~ ~ ~o~'~ f~ ~a]e~ purposes, as it would constitute
~ change in occupanc], of th+- :~: ding ~;-o~' residents:al to retail store-F-2,
and that according t<~ the ~ui~di~,..g Co~ ~%c change ,~n be made in the character
of the occupancy o~ a building ~',i,as~ :~ch b~itding is made to comply with the
requirements of the new oc~upanc~ ~pe~ifi~'a[ly, those requirements for retail
store use ~nvolve greater f!~>~.~r oad ~apacity, e~ei~trical wiring and second
floor exit~ ali of which dift~ ~' .~n~!i'.t~rab!~' fro~r~ residential requirements.
Mr. Robert~ advi:-~ed ~:~at inasmu~:h as the proposed C-1 zoning is in
~onformance with t}~ Anaheim ~and Use Plan, the City Planning Con~nissi0n
recommended approval of Re<l~:'~ss~ficati. on No~ 73-74-17; and that after consider-
able discussion regarding t~uilding Co~e requirements for the proposed project,
the current owners requested that the variance application be withdrawn.
Mayor Imtton asked if the Applicant or his Agent were present and
wished to address the Council.,
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
William B. Harper, 614 Ninto Avenue, Placentia, Agent and prospective
buyer, stated that subsequent to the Planning Commission hearing, he has had
discussions with City staff and advised them he was still desirous of obtaining
the requested variances and that he was under the impression that this hearing
included same.
Mr. Roberts explained that public hearing on the variance could pro-
ceed since it would take Council action to officially withdraw the application
and that the published legal notice included both the reclassification and the
variance.
Mr. Harper advised that they can comply with revising the plumbing
and heating requirements as routine matters, however the requirement of gutting
the structure, removing the wood lath and plaster from walls and ceilings, in
order to bring it up to commercial use standards placed a financial burden on
them and that if so required, they would have to abandon the proposed project.
He reported that he has had contractomout to the site and they have advised
him it would be economically unfeasible to completely gut the structure.
Mr. Harper expressed the opinion that he felt there was a misunder-
standing with the Building Division as to the use of the second floor. He ex-
plained that after learning the Code requirements for using the second floor for
retail store purposes, they revised their plans so as to use the ground floor
for retail only and the second for living quarters.
Mr. Harper explained their business operation includes importing and
selling persian carpets and antiques and was not a gift shop, per se. He noted
that his limited clientele consists primarily of interior designers.
In conclusion, Mr. Harper requested waiver of the gutting requirement,
which was included under Item No. 6 of Planning Commission Resolution No.
PC73-207.
Plans and the file were reviewed by the Council and Mayor Dutton
expressed the opinion that he felt the structure and its environmental surround-
ings were ideal for the proposed project and that the City should encourage such
creative imagination, noting the property was indicative of early Anaheim history.
Mr. Harper acknowledged the Mayor's statement, noting the property was
a part of the original Kellogg Ranch and the structure is one of the few remain-
ing buildings in that total square mile. He explained that in addition to pre-
serving the trees on the property, they plan to install persian-type landscape
to carry through their theme. He stated that their decision to buy this property
for their business and home was based largely on the aesthetical and historical
values involved.
Councilman Sneegas questioned whether or not parking could be provided
south of the existing driveway.
Mr. Harper answered they could provide parallel parking and use a turn-
around st the rear, but this plan fell short approximately three feet and would
necessitate removing the tank house and the fence. He explained that even to
get the minimum nine spaces, three fo~-ty- foot avocado trees and a seventy-five
year o~U ~are peach tree would have to be removed.
Mayor Dutton stated that~ although it is not used in the computation
of required parking spaces~ the area in front of subject property could be used
for parking at this time since the adjacent property to the south has not yet
made de~i~at~on. ~
Councilman Pebley stated that inasmuch as business is unique in its
self and the owners sensitive enough to his client's wishes, he was in favor ~f
keeping the large trees on the property and allowing the owner to remove the
trees if and when business demanded additional parking, noting the property was
adequate for parking expansion.
Mayor Dutton questioned whether the proposed project should fall under
C-1 zoning or whether it should fall under a nonconforming use, thereby requiring
a conditional use permit~
73-837
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 167 1973~ 1:30 P.M.
Zoning Supervisor Roberts explained it is not the fact that a pro-
posal has been made for C-1 zoning that constitutes compliance with the
Building Code; it is the fact that a structure was designed and used for
residential purposes and is now proposed for commercial purposes that changes
the occupancy requirement of the Uniform Building Code. Mr. Roberts stated
occupancy requirements for residential and commercial structures are con-
siderably different.
Mayor Dutton stated perhaps the answer is having an engineer make
tests and certification as to the safety of the structure, thereby accepting
responsibility for same.
Mr. Dan Van Dorpe, Chief Building Inspector, explained that an exten-
sive investigation, rather than a Building Division field check, would be nec-
essary to determine what specifically was required to convert the residential
structure to commercial use. Further, it was their intent to merely suggest
to Mr. Harper the scope, depth and expense such a project might require, for
example, stairway construction to second floor, reconstruction of walls and
ceilings due to excessive holes caused by electrical rewiring, air condition-
ing, window units, conversion of electrical and water meters to commercial
load capacity, etc., all required to refurbish the residential structure to
commercial use.
To ascertain specifically what must be done, Mr. Van Dorpe stated,
the owner should consult with an engineer or an architect and submit a firm
proposal to the Building Division for checking to determine if Building Code
requirements have been met and if they have, he could proceed accordingly,
if it is economically feasible for him.
Mr. Harper stated he knows and understands what the project will en-
tail and he is prepared to comply with the Code requirements, with the ex-
ception of gutting the entire structure.
Councilman Pebley questioned whether electrical rewiring could be
accomplished by conduit attached to the exterior of the building, to which
Mr. Van Dorpe answered affirmatively.
Councilmen Sneegas and Thom asked if the requirement to gut the
structure was due to conversion to commercial use or was it due to implementa-
tion of the electrical wiring, to which Mr. Van Dorpe answered it could be both
depending if any rewiring was done inside the structure.
Councilman Sneegas stated he could see requiring gutting in certain
srea where rewiring was completed in the interior of the structure, but not
requiring gutting throughout, unless the lath and plaster was deteriorating
throughout.
Mr. Van Dorpe explained that a qualified expert could determine if
the lath and plaster was deteriorating or not and that the Building Division
would accept his judgment.
City Manager Keith Murdoch advised the Council they should also con-
sider Fire Code requirements and thereupon asked the Chief Building Inspector
if the Fire Code regulations had been considered as they relate to this pro-
~ect.
Mr. Van Dorpe answered that a policy has been established whereby
the Fire Department reviews all plans prior to issuance of a building permit
and that the proposed project has been subjected to the Fire Department for
review.
Mayor Dutton asked if anyone else, either in favor or in opposition,
wished to address the Council; there being no response, he declared the hear-
ing closed~
RESOLUTION NO. 73R-473: Councilman Pebley offered Resolution No. 73R-473
for adoption, authorizing the preparation of the necessary ordinance, changing
the zone as requested, subject to the conditions recommended by the City Plan-
ning Commission, with Condition No. 6 to read as follows:
/d-838
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
"6. That the existing residential structure shall be brought into
compliance with the requirements of the Building, Plumbing and Electric Codes
for a retail sales building; and that the work necessary to bring the structure
into Code compliance shall be determined by a registered architect, civil, or
structural engineer, and said work shall be completed in accordance with find-
ings.''
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(7 -74-17 - C-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-473 duly passed and adopted.
RESOLUTION NO. 73R-474: Councilman Pebley offered Resolution No. 73R-474 for
adoption, granting Variance No. 2547, subject to the following conditions:
1. That this variance is granted subject to the completion of Reclass-
ification No. 73-74-17, now pending.
2. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2; provided, however, that no portion of the second story
of the residential structure is to be used for commercial purposes, as stipulated
to by the Petitioners; and that no more than four open parking spaces need be
provided on the site if the existing trees would have to be removed td provide
room for more than four open spaces.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM GRANTING VARIANCE
NO.
Roll. Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-474 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-19 AND ENVIRONMENTAL IMPACT REPORT EXEMP-
TION STATUS: Application by Robertshaw Fulton Controls requesting a change in zone
from R-^ to M-1 to expand an existing industrial use on the west side of Manchester
Avenue, east side of Clementine Street and the south side of Alro Way, was sub-
mitted together with application for Exemption Declaration Status.
The City Planning Commission pursuant to Resolution No. PC73-212,
recommended that no environmental impact report be required; that Reclassifica-
tion NO~ 7;~~74-19 be approved, subject to the following conditions:
i. That the owner(s) of subject property shall deed to the City of
Anaheim a strip of land 45 feet in width from the centerline of the street along
Manchester Avenue for street widening purposes.
2~ That sidewalks shall be installed as required by the City Engineer
and in accordance with standard plans and specifications on file in the office
of the City Engineer.
3_ That street lighting facilities along Clementine Street, Manchester
Avenue and Alro Way shall be installed as required by the Director of Public
Utilities, and in accordance with standard plans and specifications on file in
the office of the Director of Public Utilities and that a bond in an amount and
form satisfactory to the City of Anaheim shall be posted with the City to guaran-
tee the installation of the above mentioned requirements.
73-839
City Hallt Anaheim~ California - COUNCIL MINUTES - October 16~ 1973t 1:30 P.M.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
5. That fire hydrants shall be installed and charged as required
and determined to be necessary by the Chief of the Fire Department prior to
commencement of structural framing.
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 served by underground utilities.
8. That a 6-foot masonry wall shall be constructed along the south
property line.
9. That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
10. That subject property shall be developed substantially in accor-
dance with adopted City Council Metal Building Policy.
11. That right-of-way be reserved as required for the future Anaheim
Boulevard-Haster Street overcrossing of the Santa Ana Freeway as approved by
the Department of Transportation.
12. That the final parking plan shall be approved by the Development
Services Department, and any landscaped areas in the parking areas shall be
protected with 6-inch, concrete curbs, and concrete wheel stops shall be pro-
vided for parking spaces.
13. Prior to the introduction of an ordinance rezoning subject pro-
perty, Condition Nos. 1, 3 and 11, 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.
14. That Condition Nos. 2, 4, 6, 7, 8, 9, 10 and 12, above mentioned,
shall be complied with prior to final building and zoning inspections.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, it was the finding of the City Council that the
impact of said project would be trivial in nature and that no environmental im-
pact report or statement is required. MOTION CARRIED.
Zoning Supervisor Charles Roberts noted the location and surrounding
land uses and advised that a resolution of intent to C-R was approved by
Council on subject property. He advised that the Applicant proposes to con-
struct a two-story, 48,000 square foot metal building to house some facilities
presently located in Huntington Beach; and that the plans submitted and reviewed
lacked adequate landscaping, however, M-1 landscaping standards would be met
since no waiver has been requested therefor.
Mr. Roberts reported that although the proposal is not in conformance
with the land use statement on the Anaheim General Plan (C-R), the City Planning
Commission felt it would be a logical extension of the industrial uses already
established in the area and recommended approval.
Mayor Dutton asked if there had been any discussion at the planning
Commission hearing regarding construction of a metal building, noting that sub-
ject property was a prime entrance to the commercial recreation area, and if
any suggestions had been made as to an alternative.
Mr. Roberts replied that the Planning Commission had noted the pro-
posed change in the off-ramp of the Santa Ama Freeway onto Freedman Way and
the effect it would have on the entrance to the C-R area; however they were
of the opinion that current meta! buildings were not particularly objection-
ab~e~
The Mayor asked ii the Appli~ant or his Agent were present and wished
to address the Council.
Allan C. Paterson, Project Engineer for Robertshaw Fulton Controls
Company, 16072 Gothard Street~ Huntington Beach, stated that the proposed metal
building is aesthetically pleasing and in no way resembles quonset huts; and
that it will be built and landscaped consistent with other Robertshaw Company
facilities throughout the Country~
73-840
City Hall; Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
Councilman Stephenson asked if the proposed building would be con-
structed of galvanized sheet metal, to which Mr. Paterson replied the material
is baked-on enamel finish on galvanized sheet metal.
The Council reviewed the proposed plans at the Council Table, noting
the effect and appearance the metal building would give to the C-R area.
Councilman Thom asked what type of facade material was the Applicant
pre, posing to use.
Mr. Paterson advised that the lobby area of the building would be
treated with ceiling-high glass and slump stone veneer paneling. To reduce the
appearance that the length of the building gives, Mr. Paterson offered to in-
stall palm trees and other landscaping.
Mayor Dutton invited Mr. Paterson up to the Council Table to show him
area~ ~f the building which he felt cou]d be more aesthetically pleasing.
City Manager Keith Murdoch ~uggested that if the Council wishes to
approv~ the requested zoning, they do so subject to plans being submitted and
approved bv.~ Council prior to the introduction of the ordinance reclassifying
the property.
Mayer Dutton asked if anyone in opposition to said reclassification
wished to address the Council; there being no response, he declared the hearing
clo~d,
RESOLUTION NO. 73R-475: Councilman Stephenson offered Resolution No. 73R-475
for adoption, authorizing the preparation of necessary ordinance, changing the
zone a~ requested, ~ubject to the conditions recommended by the City Planning
Cormvdssion, with Condition No. 10 to read as follows, Condition No. 13 to in-
clude Condition No. 10, and Condition No. 14 t:o delete Condition No. 10:
'~>. 'That plans for the development of subject property shall be sub-
mit!:e~i tc~ and approved by, the City Council."
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
M!NIN6 THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
Rol! Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
A~SENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resoluticn No, 73R-475 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 73-7~-21 AND ENVIRONMENTAL IMPACT REPORT EXEMP-
T!0N STATUS: Initiated by the City Planning Commission for a change in zone from
Courtly. ~ ;:~f Orange i00-E4-20,000 Diet.lcd'= *" ~ to City of Anaheim R-A, on property loca-
ted ~cuth~asterly of the intersecti~,n,~ .~an~' ~a Aha Canyon Road and Mohler Drive
(Mohle~ Drive No. 2 Annexation) was submitted together with application for
Exe~.~tiop Declarati,~n Status.
'?he !"it,~,, .? Planning Commission pursuant to Resolution No. PC73-214,
recommended that no environmental impact report, be required and that Reclassifi-
cati,m Nc. 73-74-21 be approved) unconditionally.
ENVIRONMENTAL IMPACT REPORT STATUS: On motion by Councilman Sneegas, seconded
by Councilman Stephenson, it was the finding of the City Council that the impact
of said reclassification would be trivial in nature and that no environmental
impact report or statement is required. MOTION CARRIED.
73-841
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
Zoning Supervisor Charles Roberts stated that the proposed reclassif-
ication would establish City of Anaheim zoning on the property upon annexation
to the City (Mohler Drive No. 2 Annexation).
The Mayor asked if anyone in favor or in opposition wished to address
the Council; there being no response, he declared the hearing closed.
RESOLUTION NO. 73R-476: Councilman Sneegas offered Resolution No. 73R-476 for
adoption, authorizing the preparation of th~ necessary ordinance, changing the
zone as initiated by the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-21 - R-A)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMBN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley,~ Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-476 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-22 AND ENVIRONMENTAL IMPACT REPORT
EXEMPTION STATUS: Initiation by the City Planning Commission for a change in zone
from R-A to R-H-22,000 on property located southeasterly of the intersection
of Santa Ana Canyon Road and Mohler Drive, was submitted, together With appli-
cation for Exemption Declaration Status. (Mohler Drive No. 2 Annexation).
The City Planning Commission pursuant to Resolution No. PC73-215,
recommended that no environmental impact report be required; that Reclassifi-
cation No. 73-74-22 be approved, subject to the following conditions:
1. That a preliminary title report shall be furnished prior to the
adoption of the ordinance rezoning the property, showing legal vesting of title,
legal description, and containing a map of the property.
2. That dedication shall be made to the City of Anaheim of all
streets within the area, according to the Circulation Element of the General
Plan Highway Rights-of-Way, prior to the adoption of the ordinances rezoning
the property.
3. That ali. engineering requirements of the City of Anaheim such
:~ mrb~ and gutters, sidewalk,s, treet grading and paving, drainage facilities,
~ ~th¢~r appurtenant work sha~ b~ ~omp~ied w~th as required by the City
Engine~ and in accordan~.e wit ? ~ ~a~da~d pi an~ and specifications on file in
~h~ ~>ffice o~ the Cit> Engin~ ~ ~ ~ ~e ~ [me the property is developed.
4 Tbat the o~er( ~ ~ ~ ~,-~-~ .
· ~ . ~ ~u,~ ~.~ ~ property shall install street light-
~u~ ~n all ~ree?~ ~i~hin t~ ~ ~- ~ ~:~d by the Director of Public Util~t~
~ at the time th~ prc, p~rty .~ ;P~:v~:~!,~p~:d.
5. That electrica~ ~.~t'f~Jties shall, be placed underground and dedica-
t~,4 to the City <>f Anaheim ~ ~<: ~ rJar,~ w2t:h the requirements of the Director
· _)f Public Ut~li. tie:,~.
6. That dr~'~inage ,~ .~d pzo~:~'tv shall be disposed of in a manner
~ ~sfactory to the CJ~.y Engin~e~ . Phat r~ec:essary right-of-way for off-site
drainage fac~litLe~ b~ dedicated '<~ the City, :~r that all property o~ers in-
,~,~'~'~wed have execrated written r~.gh~:-- :.f~at~ dedication to the City~ or that the
2i~v Council will haw initialled ,:~'mdemnat~on proceadings for the acquisition
~ the required drainage rights, of*way, ~he cost of which shall be borne by the
~ieveloper~ The requi~*~d drainag~ faci!it~es sha[l be of a size and type suf-
f',~ ient to carry runoff waters originating from higher properties south of
~ant:a ~a Canyon Road through said property to ultimate disposal as approved
by the City Engineer. Said drainag~ facilities shall be the first item of con-
~t~-~act~lon when the property i~ d~vel, oped and shall be constructed and shall be
functi~l throughout that portion of the property being developed and from the
d~stre~ b<undarr ~,~ the p~"operty t~> t:he point of oltimate point of disposal
ozior te the issuanc~ of any f~na~ building inspection or occupancy pemits.
Drainage distric, t reimbursememt agreements may be made available to the develop-
ers of said property upon their requests.
7:~-842
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
7. That ordinances reclassifying the property shall be adopted as
each parcel is ready to comply with conditions pertaining to such parcel, pro-
vided, however, that the word "parcel" shall mean presently existing parcels of
record and any parcel or parcels approved by the City Council for a lot split.
8. That prior to approval of the final tract map, floor plans and
elevations for the proposed houses shall be submitted to and approved by the
City Council.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Sneegas,
seconded by Councilman Stephenson, it was the finding of the City Council that
the impact of said reclassification would be trivial in nature and that no envir-
onmental impact report or statement is required. MOTION CARRIED.
Zoning Supervisor Roberts advised that subject reclassification will
establish a resolution of intent on the property for compliance at such time as
development of the property is proposed and that it is in conformance with the
General Plan Land Use Designation for the area.
The Mayor asked if anyone in favor or in opposition wished to address
the Council; there being no response, he declared the hearing closed.
RESOLUTION NO. 73R-477: Councilman Sneegas offered Resolution No. 73R-477 for
adoption, authorizing the preparation of the necessary ordinance, changing the
zone as initiated, subject to the conditions recon~nended by the City Planning
Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-22 - R-H-22,000)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-477 duly passed and adopted.
PUBLIC DISCUSSION - PROPOSED BICYCLE ROUTE: From the meeting of September 18, 1973,
public discussion to receive input on adoption of a proposed bicycle route for
the City of Anaheim was scheduled this date.
Mayor Dutton asked if anyone wished to address the Council.
An inquiry from the audience as to where the proposed routes were to
be established prompted the posting of the map on the east Council wall where it
was viewed by all interested persons.
Councilman Sneegas noted the streets involved and asked if there was
anyone in the audience who resided along said routes who wished to express their
views~ There was no response.
~i~ouncilman Pebley noted the ooss~ble negative effect the proposed bicycle
routes m£ght have on businesses fronting on said streets.
Councilman Stephenson voiced the opinion that to install bike route
signs and not install, striping would be very dangerous to the bicyclists~as well
as the motorists. He noted that prior to bikeway$~ bicyclists rode as near to
the right-hand side of the street as possible and now~ with established bikeways,
they ~ide as c]ose to the edge of the striping as possible, thereby placing them
extreme[>~ <~'Iose to moving traffic. Further,he noted, bicyclists presently are
permitted to ride on any street in the City.
~!im Stamp, 1817 West Elm Street, expressed he is in favor of bicycle
routes, however, he felt Broadway was too heavily traveled to allow it to be
designated a route, noting that to prohibit parking in front of the homes would
create a hardship on the residents, expecially those residents who are two-and
three-car families.
73-843
City Hall~ Anaheimt California - COUNCIL MINUTES - October 16t 1973~ 1:30 P.M.
Councilman Sneegas felt that the public should realize the
"convenience" price, being no parking in front of homes and businesses,
before supporting bicycle routes.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
the City Council declined to adopt the proposed bicycle 'route, as shown on
the City of Anaheim-Parking, Proposed Bicycle Routes map. MOTION CARRIED.
REQUEST - ANAHEIM FIREMEN'S AssoCIATION: Jan G. Hagan, President, stated that nego-
tiations for wage and fringe benefits between the Anaheim Firemen's Association
and the City have culminated with the City making a final offer and the Assoc-
iation rejecting same.
Mr. Hagan pointed out that the Association has generally agreed and
accepted past packages offered by the City and negotiated from the standpoint
as to what other firemen in the State and Orange County enjoy in wages and
benefits, never negotiating for new and innovative items.
He further pointed out that it was the Association's understanding
that City policy in determining firemen's wages was based upon the City's
8th position rank among the 16 most populated California cities. Mr. Hagan
expressed the opinion they have never enjoyed the wages that 8th position would
establish and if they accepted the City's firm offer of ~3/4% increase
firemen would be moved from 23rd position to 18th position in the State. He
stated inasmuch as the majority of miscellaneous City employees receive wages
that place them in the top 5 positions in the State, the Anaheim Firemen's
Association wishes to go on record as opposing the 18th position wage paid to
firemen as being inequitable.
Mr. Hagan advised that the main issue in rejecting the City's offer
was based on hours. He pointed out that a State-wide and Nation-wide trend
has been established to have firemen work in suppression for 56 hours a week
and that Anaheim still is on a 63-hour work week. Mr. Hagan expressed the
opinion that it is a solid trend, noting that 77 cities in the State, 7 of
which are in Orange County, use the 56-hour work week.
Mr. Hagan reported the City has agreed to the 56-hour work week,
however, not for a two year period. The firemen are concerned
with the fact that in some instances a fireman could be required to work
straight shifts for a 2-month period if 2 of a 3-man platoon take vacation
in succession. Mr. Hagan cited an example of one city in Orange County that
uses the method proposed and failed, noting it was demoralizing and fatiguing
to the firemen, especially if fighting heavy-working fires during that period.
In summary, Mr. Hagan stated the Anaheim Firemen's Association is
willing to accept the package as offered, providing the 56-hour work week be-
gins within one year, rather than two years, or to accept the Package on a
60.9 work week beginning in one year also.
Mayor Dutton thanked Mr. Hagan for his objective presentation and
explained that the package offered is the best the City can make this year,
noting that if the City decelerated the shifts as proposed by the Anaheim Fire-
men's Association, there would be no additional cost this year, however, in
the second year it would cost the City $70,000 and in the third year~ $300,000.
As far as one man working two months straight, the Mayor stated, his investiga-
tion into this possibility resulted in the assurance that this was a fear with-
Out basis or fact. The Mayor further stated it is the hope of the Council that
the firemen would reconsider the City's offer and sign a memorandum of under-
standing by October 18, 1973, at which time Council action will be taken on
amploya~'~ ~alar{~ and £r{nge
Councilman Stephenson asked how many hours are worked and how many
shifts are involved.
Mr. Hagam replied that currently Anaheim firemenwork 63 hours a
week in suppression and computed on a yearly basis, this means 137 shifts; that
the ultimate goal is a 56-hour work week, or 122 shifts per year. He explained
the City has agreed to drop five shifts effective January 1, 1974, another five
City Hall~ Anaheim, California - COUNCIL MINUTES - October 16t 1973! 1:30 P.M.
shifts the following year and at the end of the second year, firemen will work
122 shifts per year. Mr. Hagan felt the difficulty in the shift deceleration
is that 10 shifts, which the firemen pre'fer to call "pay-backs'% could neces-
sitate one fireman working a two-month period if the other two firemen have
substantial vacation time accrued and take that time in succession of each other.
He was of the opinion that shift deceleration should be accomplished in a six-
month to one-year period.
Councilman Sneegas reported he had checked with the City of Garden
Grove and both firmmen and administration agree that their problem encountered
in starting the 56-hour work week resulted from not scheduling "pay-back" days,
using the firemen only as needed, and ended up at the end of the year with a
surplus of firemen (hours owed) for the shifts to be covered. Subsequently,
after deliberations with Council, they agreed to decline a 5% pay increase in
order to keep the 56-hour work week and not owe the City hours. This procedure
allows firemen to work on demand with pre-scheduled days off in order to fully
compliment shifts and allows them to make extra money, at straight time, to
compensate for the increase they did not accept. In effect, he stated, they
work 56 hours a week, but four to six days a year they work on demand at straight
time, which in essence, are "pay-back" days; they do not truly have a 56-hour
work week and in his opinion both the City and the firemen do not .benefit.
Santa Aha, on the other hand, reported Councilman Sneegas, decelerated
their hours from 63 in 1970, 60 in 1971, 58 in 1972, 57 in 1973 and will be at
56 hours the first of 1974. He stated that the possibility of a fireman working
two months straight was rare, noting that the few instances with Santa Ana were
due to the inability of the person doing the scheduling to look far enough ahead.
Councilman Sneegas explained, like policemen, the main objective of
firemen is protection of life and property and expressed the opinion he did not
want our firemen to be overworked or underpaid and be unable to perform their
duties. However, when it is stated that Anaheim firemen are paid at the 18th
ranking position in the State, the dollar difference should also be noted, i.e.,
a city in the 18th ranking position and a city in the 10th ranking position at
only a $10 difference. Further, he said, Anaheim is not trailing in the shift
deceleration, noting that most cities in Orange County are still at the 63-hour
work week.
Councilman Thom remarked to Mr. Hagan that he noticed other firemen
in the audience and asked to hear their views.
Bill Horan, 1723 South Ivanhoe, 16-year veteran of the Fire Department,
advised he personally feels that Anaheim should be top ranking at least in Orange
County and decelerating to a 56-hour workweek in the most efficient manner would
help accomplish this goal.
Fireman Bill Talley stated he supported the statements of Jan Hagan
and Bill Horan relative to "pay-back" days.
Mayor I)utton stated the Council relies on the Personnel Department for
study and reconm~endation regarding salaries and benefits and based upon deliber-
ations over the past two months, the proposed package is the best the City can
offer this year.
Councilman Thom voiced the opinion that in comparison to the rest of
the County, the Anaheim Firemen's Association request is proper and stated he
favors shift deceleration at amore rapid pace than the schedule proposed by
the City, pointing out that the finest and most efficient fire protection should
be provided to the citizenry.
The Mayor again pointed out the expense involved in rapid shift decel-
eration.
Councilman Sneegas asked Fire Chief Riley where the break-even point
is in the pay-backs per year and would additional personnel per.shifthelp
ate some problems in the deceleration of shifts.
73-845
City Hallt Anaheimt California - COUNCIL MINUTES - October 16; 1973; 1:30 P.M.
The Fire Chief replied that assuming sick leave and work injury
would remain constant, the break-even point would be at 132 shifts; that beyond
that point, additional expenditures could be incurred; and that employing ad-
ditional men per shifts, however, was not a solution.
As far as the firemen working two months straight through, the Chief
stated it was not beyond the realm of possibility, however, from the management
view, he felt these long periods could be circumvented by foresight and proper
scheduling. Chief Riley stated that although the three-man platoon system is
relatively well established, implementation of the concept in Anaheim is new.
He expressed the opinion that the system give a fireman a broad vacation selec-
tion as he is in competition with only two other firemen, not the entire depart-
ment, and that the system provides the City with a good manning program.
Mr. Hagan recapped the Anaheim Firemen's Association's position on
the ten "pay-back" days the first year and requested the Council to consider
alternatives to the proposed method.
Mayor Dutton again expressed the opinion that the proposed package
to the Anaheim Firemen's Association is the best offer the. City can make at
this time.
Councilman Sneegas stated he supports the City's proposed offer due
to economics and to equalization of employee benefits for all City employees.
As far as the 10 "pay-backs" the first year, Councilman Sneegas reported it
will take Santa Ana five years to implement their shift deceleration program
and that Anaheim is proposing to decelerate in three years, five pay-backs per
year, with one year requiring ten. He further noted that two years ago Anaheim
went to CHP retirement; that not until this year did Santa Ana start partici-
pating in the system. Councilman Sneegas expressed the opinion that Anaheim
is not trailing in employee (firemen) benefits and felt the proposed package
was an equitable one.
Councilman Sneegas advised that even by eliminating the educational
incentive and dental programs, insufficient monies could be realized to reduce
the ten "pay-backs" the first year.
Councilman Stephenson voiced the opinion that the proposed City offer
would now allow the Anaheim Fire Department to be among the top zanking in the
County; however, the Anaheim Firemen's Association must realize there are fin-
ancial limitations and complete shift deceleration in one year is an impossi-
bility.
Mayor Dutton again thanked Mr. Hagan and other membe~of the Anaheim
Firemen's Association for their objective presentation.
City Manager Keith Murdoch stated he would like to request an Execu-
tive Session, however, in view of the fact that Council would probably be in
Executive Session at the conclusion of today's meeting, he would discuss
possible rearrangements in the City's proposed offer.
RECESS - EXECUTIVE SESSION: After short Council discussion, Councilman Pebley moved
to adjourn to Executive Session. Councilman Sneegas seconded the motion.
MOTION CARRIED. (3:45 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all members of the Council
being present. (3:55 P.M.)
The City Manager stated the reason for requesting an Executive Ses-
sion was to analyze today's presentation by the Anaheim Firemen's Association
to make certain all was understood in the appropriate concept and that after
discussing the statements made by representatives of the Anaheim Firemen's
Association, Chief Riley, and the City Council, it was determined that restruc-
turing of the elements of' the proposed offer did not balance out.
No further action was taken by the City Council at this t'ime.
73-846
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973! 1:30 P.M.
APPROVAL OF PERMITS (PUBLIC DAN~E; DINNER DANCING PLACE AND AMUSEMENT DEVICES):
The following permit applications were submitted and approved as recommended
by the Chief of Police, on motion by Councilman Sneegas, seconded by Councilman
Stephenson:
1. Application filed by Lloyd L. Lowry for permit to conduct a public
dance in conjunction with the second annual Garden Grove Firemen's Benefit Show
on October 21, 1973 from 10:00 p.m. to 12:00 a.m. at the Anaheim Convention Cen-
ter, 800 West Katella Avenue. Approval of said permit recommended by the Chief
of Police subject to provision of Chapter 4.16 of the Anaheim Municipal Code
and provided that four police officers be hired to police the dance.
2. Application filed by John E. McKennon, General Manager, The Grand
Hotel, Number One Hotel Way, for public dance hall permit to allow dancing
nightly from 9:00 p.m. to 1:30 a.m. Approval of said permit was recoranended
by the Chief of Police subject to provisions of Chapter 4.16 of the Anaheim
Municipal Code.
3. Application filed by William D. Wallace for dinner dancing place
permit at Billy Jack's, 2880 East Miraloma Avenue, to allow dancing Thursday
through Saturday nights, from 9:00 p.m. to 2:00 a.m. Approval of said permit
was recommended by the Chief of Police subject to provisions of Chapter 4.16
of the Anaheim Municipal Code.
4. Application filed by Philip D. Shatz, S & S Arcade, for amusement
devices permit to allow 35 to 40 various mechanical amusement devices at 1158
North East Street. Approval of said permit was recommended by the Chief of
Police, subject to provision of Chapter 3.24 of the Anaheim Municipal Code.
5. Application filed by John Kuane, Tamit, Inc., for amusement de-
vice permit to allow two pin ball machines and one champion soccer machine at
the "Wild Goose", 1160 North Kraemer Boulevard. Approval of said permit was
recommended by the Chief of Police, subject to provision of Chapter 3.24 of the
Anaheim Municipal Code.
6. Application filed by Philip H. Case for amusement devices permit
to allow one pool table at the Balboa Apartment Complex, 2660 West Ball Road.
Approval of said permit was recommended by the Chief of Police, subject to
provisions of Chapter 3.24 of the Anaheim Municipal Code.
7. Application filed by Robert M. Chacon, AAA Music Company, for
amusement devices permit to allow two pool tables, one juke box and one cigarette
machine at "Billy Jacks", 2880 East Miraloma Avenue. Approval of said permit
was recommended by the Chief of Police, subject to provisions of Chapter 3.24
of the Anaheim Municipal Code.
MOTION CARRIED.
RECLASSIFICATION NO. 71-72-18 - EXTENSION OF TIME: Request of Mr. R. C. Booth, dated
September 14, 1973, was submitted for a six-month extension of time to Reclassif-
ication No. 71-72-18, together with report of the City Engineer and Development
Services Department recommending said extension be granted.
On motion by Councilman Pebley, seconded by Councilman Dutton, a six-
month extension of time for Reclassification No. 71-72-18 was gra~ted, retroactive
to September 7, 1973 and expiring March 7, 1974, as requested. MOTION CARRIED.
CONTINUED REPORT - PREPARATION OF TRAFFIC CONTROL INVENTORY: (Continued from the
meetings of September 18 and October 2, 1973 at the request of the City Engineer~)
Report on preparation of the traffic control inventory was removed from Council
agenda until rescheduled.
REPORT - SECTION 8.20.020 OF THE ANAHEIM MUNICIPAL CODE RELATING TO WILD ANIMALS:
Pursuant to direction from the City Council following discussions.held on July 3,
and July 10, 1973 relative to requests made on these dates as to keeping animals
classified as wild or exotic within the City Limits, the Acting C~ty Attorney pre-
sented a report on the investigative efforts 'undertaken, together with supportive.
documents identified as Exhibit Nos. A through D. (Exhibit Nos. A through D com-
prise two alternatives to the current Section 8.20.O20-w~ich were drafted by the City
Attorney's Office - Exhibit Nos. A and B; regulations on private and public ~oos
from the Director of Veterinary Public Health, County of Orange - F.~hibit No. C;
copy of Ordinance No. 48-71, City of Orange relating to the keeping of
animals - Exhibit No. D.)
73-847
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
Dr. Dieterich (D.V.M.) representing the Orange County Health Depart-
ment, Veterinary Public Health Division, addressed the Council relative to
amending the current ordinance and in addition presented a letter containing
his recon~nendations that this section of the Anaheim Municipal Code relative
to wild animals be retained as written with certain refinements.
Dr. Dieterich advised that the County Health Department is charged
with all animal control activities in the unincorporated area of the County
as well as in those 17 cities under contract. He reported that it is the
recommendation of their division that wild animals not be permitted to be kept
in either the city or the County areas. The Veterinary Public Health Division
strongly supports the stand of the American Veterinary Medical Association
quoted as follows: "The AVMA strongly opposes the keeping of wild and exotic
species of animals as pets and believes all con~nercial traffic of these animals
for such purpose should be prohibited."
Councilman Thom explained that the City Council took into consider-
ation requests made by certain individuals living in the hill and canyon areas
which are within the City of Anaheim Limits on residential properties of con-
siderable size. Following discussion, the Council felt it.might be appropriate
to investigate some means of authorization for the keeping, of such animals in
the R-E or R-H Zones by special license or permit. However, the exhibits pre-
sented do not address themselves to certain zones but are of a general nature.
Dr. Dieterich responded that in their estimation the number of acres
a person has available for t~e animal is not the important factor.
He noted 'that animals which are customarily wild may, in some cases,
be temporarily domesticated, but there is no assurance that they will remain
so. If these animals attack their owners or escape and become a danger to the
public, the County Veterinary Public Health Division must use tranquilizers
and other measures to control them. He presented the opinion that zoos which
have multiple means of control and qualified personnel are a better place for
such animals to be kept.
Councilman Dutton noted that there are not very many people who have
the expertise necessary to deal with animals usually classified as wild and/or
exotic.
Mr. Roger Soulteau, Orange County Animal Control Officer, advised
that he licenses all of the exotic animals within the jurisdiction of the
Orange County Veterinary Public Health Division and pointed out the difficulty
of attempting to judge the abilities of an individual to care for suih animals.
He reported that it is his experience that within 12 month of issuance of a
license for these animals, 60% of them are not living. Further he related that
although strict caging and control regulations do exist, these are not effec-
tive since the owners often leave their animals out for various reasons. The
keeping of these animals as pets is further not recommended as 'they often serve
as vectors for communicable diseases. He added that if the City does amend
their ordinance to permit these animals by some procedure, he would anticipate
that the City would receive multiple requests for the keeping of all sorts of
animals.
Mr. Murdoch summarized that the Council has the option of amending
the current ordinance to allow some flexibility which would require a discre-
tionary act on the part of the Council in determining whether or not the
Applicant is capable of caring for the animal he wishes to keep; or leaving
the ordinance substantially as it is, in which case the~e are some procedural
and wording changes recommended by the Orange County Veterinary Public Health
Division, which could be reviewed and possibly incorporated into the ordinance.
Councilman Stephenson moved that the intent of Section 8.20.020,
prohibiting the keeping of wild or exotic animals within the City Limits be
retained. Councilman Pebley seconded the motion. MOTION CARRIED.
By General Council consent, the City Attorney's Office was directed
to review the recommendations for procedural and wording changes presented by
Dr. Dteterich in his letter dated October 16, 1973, for possible incorporation
in the ordinate.
73-848
9ity Hallt Anaheimt California - COUNCIL MINUTES - October 16t 1973t 1:30 P.M.
RECESS: Councilman Pebley moved for a five-minute recess. Councilman Dutton seconded
the motion. MOTION CARRIED. (4:15 PoM.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being pre-
sent with the exception of Councilman Pebley. (4:20 P.M.)
FINAL MAP~ TRACT NO. 8220~ APPROVAL OF SPECIFIC PLANS: Developer, Richard B. Smith,
Inc.; tract located on the north side of Canyon Rim Road, east of Nohl Ranch
Road, containing 230 proposed RS-5000 zoned lots.
The City Engineer recommended approval of Final Map of Tract No. 8220
and reported that said final map encompasses the area originally included with-
in four separate Tentative Tract Maps, Nos. 8220, 8221, 8222 and 8223, which
were approved on April 24, 1973 and filed in conjunction with Reclassification
No. 71-72-44, Variance No. 2489. He additionally reported that bonds have been
forwarded to the City Attorney for approval and required fees paid.
The Deputy City Clerk submitted the request from Wesley G. Mohr,
Executive Vice President of Richard B. Smith, Inc., requesting that, should the
final specific plans and ~inal Map of Tract No. 8220 be approved, that first
reading of the ordinance to the RS-5000 Zone be accomplished this date, prior
to recordation of the tract map. He advised that it is understood-that the
tract map is to be recorded within the next two weeks.
In addition, the Deputy City Clerk read a letter received from Mrs.
Mary Dinndorf, President of the Santa Aha Canyon Improvement Association re-
garding Variance No. 2553 and Tentative Tract Nos. 8215, 8219, 8220 and 8223,
expressing the opinion of that Association that these tracts do not conform to
the provisions of the California Environmental Quality Act of 1970. The .letter
was read in full.
Mr. Roberts reported that due to the fact that financing for this pro-
ject is contingent upon recordation of the tracts during the month of October,
1973, the Developer is attempting to comply with all applicable conditions at
this time. For this reason reports were prepared and submitted to the Planning
Commission and Council simultaneously, the Planning Commission having considered
the project yesterday.
Mr. Roberts advised that although four tentative maps were originally
approved for this project, the developer now proposes to proceed with the entire
project under one tract number, No. 8220. The originally approved tracts indi-
cated a total of 229 lots, however due to some boundary adjustments, the total
is now 230, two of which are proposed as mini-park sites for privately owned
parks to be used by the project homeowners.
One of the conditions of approval in accordance with provisions of the
PC Zone was that final specific plans be submitted and approved by the City
Council and these are presented for Council consideration this date. The final
specific plans include all pertinent required information with the exception of
the landscaping plan and the plan for wall treatment along Canyon Rim Road. In
connection with the landscaping plan, Mr. Roberts advised that staff has found
it is more practical to have the Developer submit this just prior to issuance
of the building permit since the project is not usually far enough along to have
this document ready for submission with the final specific plans. The wall treat-
ment was discussed by the Developer with Council on April 24, 1973 and at that
time the Council determined that the condition which requires a six-foot fence
adjacent to Canyon Rim Road may be construed to allow an alternative treatment.
The Developer proposes to resolve this matter at a later date.
Mr. Roberts reiterated that site plan shows two changes, creating one
additional lot for a total of 230 lots, two of which are converted to use as
mini-parks. The floor plans and elevations are identical to those approved under
the conditional use permit for the models. Consequently, the Planning Commission,
following review of the final specific plans and final tract map at their meeting
held October 15, 1973 recommended approval of both subject to the landscaping
plan being submitted to the Development Services Department for approval, and
also subject to the wall treatment question being resolved prior to occupancy
of any of the buildings within the development, excluding the use of the model
homes for sales purposes.
73-849
City Hall~ Amaheim; California - COUNCIL MINUTES - October 16~ 1973; 1:30 P.M,
On motion by Councilman Dutton, seconded by Councilman Sneegas, the
City Council approved final specific plans and Final Map for Tract No. 8220,
as recommended by the City Engineer and the City Planning Commission and fur-
ther subject to approval of required bond by the City Attorney. MOTION CARRIED.
ORDINANCE NO. 3221: Councilman Dutton offered Ordinance No. 3221 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-44 (5) - RS-5000)
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held October 1, 1973, pertaining to the following applications
were submitted for City Council information and considerations (The Deputy
City Clerk noted that due to the anticipated lack of quorum on October 23,
1973, the Planning Commission items are being considered by the Council one
week in advance of the usual schedule. She announced that the last day for
appeal of these items will be Tuesday, October 23, 1973 at 5:00 p.m.)
1. VARIANCE NO. 2552 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli-
cation by Johnny L. Frederick for the following Code waivers to continue use
of an existing patio structure on R-1 zoned property, located on the east side
of Westgate Avenue, north of Virginia Avenue, was submitted together with
application for Exemption Declaration Status:
a. Minimum side yard setback.
b. Minimum rear yard setback.
The City Planning Commission pursuant to Resolution No..73R-220,
recommended that no environmental impact report be required and granted said
variance subject one condition.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Sneegas,
seconded by Councilman Stephenson, it was the finding of the City Council that
the impact of said project would be trivial in nature and that no environmental
impact report or statement is required. MOTION CARRIED.
The City Council took no further action on Variance No. 2552.
2. VARIANCE NO. 2553 AND ENVIRONMENTAL IMPACT REPORT NO. 101: Submitted by
Anaheim Hills, Inc., and Texaco Ventures, Inc., to construct a 108-unit apart-
ment complex on R-A zoned property, located on the north and south sides of
Canyon Rim Road, east of Nohl Ranch Road, with waivers of:
a. Maximum building height.
b. Requirement that carports be enclosed on three sides.
The City Planning Commission pursuant to Resolution No. PC73-221,
recommended adoption of Environmental Impact Report No. 101 as the Council's
statement and granted said variance subject to conditions.
The Deputy City Clerk submitted the following communications received
regarding Variance No. 2553 and Environmental Impact Report No. 101:
a. Letter from Mr. John C. McCarthy dated October 11~ 1973~ Attorney
for the Orange Unified School District, appealing the decision of the Planning
Commission on this variance and environmental impact report. (Said letter was
not accompanied by the appeal fee.)
b. Letter from Mrs. Mary Dinndorf, President of the Santa AnaCanyon
Improvement Association, Inc., voicing their opposition on the basis of the
Environmental Quality Act of 1970.
c. Letter from Anaheim Hills, Inc., dated October 15, 1973, request-
ing the City Council consider exception from Sections 17.06.110 and 17.06.120
of the Anaheim Municipal Code to permit slopes to be located at other than re-
quired locations.
d. Letter from Harry H. Platt, Business Manager, Orange Unified
School District dated October 16, 1973, stating the opposition of the School
District to the development of the 108-unit apartment complex proposed under
Variance No. 2553 until the necssary school facilities are available.
73-850
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P,M.
Review of action taken by the City Planning Commission was requested
by Councilman Thom on behalf of the members of the Santa Ama Canyon Y. mprovement
Association, Inc., and the City Clerk was instructed to schedule this matter
for public hearing before the City Council.
Mr. James Barisic, Vice President, Anaheim Hills, Inc., addressed the
Council and requested that the public hearing date be set for as early as pos-
sible.
The Deputy City Clerk advised that the closest dates on which the
public hearing could be legally scheduled, with appropriate advertising, would
be November 6, or 13, 1973 and that every attempt would be made to schedule for
November 6, 1973.
Councilman Pebley returned to the Council Chambers. (4:30 P.M.)
3. VARIANCE NO. 2554 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Appli-
cation by James W. and Relund M. Cummins, for the following Code waivers to
construct an addition to an existing garage and to connect that garage to an
existing dwelling, on R-O zoned property located at the southwest corner of
Rowan Street and Dwyer Drive, was submitted together with application for Exemp-
tion Declaration Status:
a. Rear yard setback.
b. Garage setback.
c. Dwelling ground floor space.
The City Planning Commission pursuant to Resolution No. PC73-222,
recommended that no environmental impact report.be required and granted said
variance, subject to one condition.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Dutton,
seconded by Councilman Stephenson, it was the finding of the City Council that
the impact of said project would be trivial in nature and that no environmental
impact report or statement is required. MOTION CARRIED.
The City Council took no further action on Variance No. 2554.
4. VARIANCE NO. 2526 - TERMINATION: Submitted by Elaine Taylor requesting
termination of said variance which was granted to permit an auto upholstery use
in the M-1 Zone on property located on the south side of South Street, west of
East Street, on the basis that she does not intend to meet the conditions.
The City Planning Commission pursuant to Resolution No. PC73-228,
terminated said~variance.
5. CONDITIONAL USE PERMIT NO. 1259 - EXTENSION OF TIME: Submitted by Frank
L. Parker, General Partner, Gzeenleaf Investments, requesting an extension of
time to permit expansion of an existing convalescent hospital on C-O zoned pro-
perty, located on the east side of Euclid Avenue, north of Orangewood Avenue~
The City Planning Commission by motion, granted a six-month extension
of time to Conditional Use Permit No. 1259, expiring March 20, 1974.
6. CONDITIONA~ USE PERMIT NO. 1342 - EXTENSION OF TIME: Submitted for an ex-
tension of time in order to meet conditions of approval to. permit the establish-
ment of a child nursery on R-A zoned property, located on the south side of South
Street, west of State College Boulevard.
The City Planning Commission by motion, granted a one-year extension
of time to Conditional Use Permit No. 1342, expiring October 10, 1974.
7. CONDITIONAL USE PERMIT NO. 834 - MODIFICATION OF EXISTING USE: Submitted by
Robert overdevest, President, Econo-Lube, Inc., for alterations and use modifica-
tion of the existing gas station, located at the southwest corner of State College
Boulevard and Santa Ana Street, to establish a "lubritorium" (lubes and oil changes
only).
73-851
City Hall~ Anaheim; California - COUNCIL MINUTES - October I6~ 1973~1:30 P.M.
The City Planning Commission by motion approved the requested alter-
ations and use modification in connection with Conditional Use Permit No. 834.
No further action was taken by the City Council on Variance No.2526
and Conditional Use Permits Nos. 1259, 1342 and 834.
TENTATIVE MAP~ TRACT NO. 8470 (¥ARIANCE NO. 2557~ E.I.R. NO. 103): Owners, Kenneth
T. and Emily H. Conner; property located at 4941 through 5041 Crescent Drive;
containing 8 proposed R-E zoned lots.
On motion by Councilman Dutton, seconded by Councilman Sneegas,
action on Tentative Map, Tract No. 8470 was continued to be considered in con-
junction with Variance No. 2557 and E.I.R. No. 103. MOTION CARRIED.
TENTAT!VE~MAPI TRACT NO. 8423: Owner - Classic Development Corporation; property
located on the northerly side of Santa Ana Canyon Road, west of Mohler Drive;
containing 43 proposed R-1 zoned lots.
The City Planning Commission at their meeting held October 15, 1973,
approved said tentative map, subject to the following conditions:
1. That the approval of Tentative Map of Tract No. 8423 is granted
subject to the approval of Reclassification No. 71-72-30.
2. That should this subdivision be developed as more than one sub-
division, each subdivision thereof shall be submitted in tentative form for
approval.
3. That in accordance with City Council policy, a 6-foot masonry
wall shall be constructed on the east property line separating Lot Nos. 1
through 6, 36 and 38 through 43 and Fairmont Boulevard on the south property
line separating Lot Nos. 6 through 15 and Santa Ana Canyon Road; and on the
west property lines of Lot Nos. 15, 16 and 17. Reasonable landscaping, in-
cluding irrigation facilities, shall be installed in the uncemented portion
of the arterial highway parkway the full distance of said wall, plans for said
landscaping to be submitted to and subject to the approval of the Superinten-
dent of Parkway Maintenance. Following installation and acceptance, the City
of Anaheim shall assume the responsibility for maintenance of said landscaping.
4. That all lots within this tract shall be served by underground
utilities.
5. 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.
6. That street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
7. That the owner(s) of 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.
8. That drainage of said property shall be disposed of in a manner
satisfactory to the City Engineer. If, in the preparation of the site, suffici-
ent grading is required to necessitate a grading permit, no work on grading
will be permitted between October 15th and April 15th unless all required off-
site drainage facilities have been installed and are operative. Positive
assurance shall be provided the City that such drainage facilities will be com-
pleted prior to October 15th. Necessary right-of-way for off-site drainage
facilities shall be dedicated to the City, or the City Council shall have
initiated condemnation proceedings therefor (the cost of which shall be borne
by the developer) prior to the commencement of grading operations. The re-
quired drainage facilities shall be of a size and type sufficient to carry
runoff waters originating from higher properties through said property to
ultimate disposal as approved by the City Engineer. Said drainage facilities
shall be the first item of construction and shall be completed and be func-
tional throughout the tract and from the downstream boundary of the property
to the ultimate point of disposal prior to the issuance of any final building
inspections or occupancy permits. Drainage district reimbursement agreements
may be made available to the developers of said property upon their request.
9. That grading, excavation, and all other construction activities
shall be conducted in such a manner so as to minimize the possibility of any
silt originating from this project being carried into the Santa Aha River by
storm water originating from or flowing through this project.
73-852
City Hall; Anaheim~ California - COUNCIL MINUTES - October 16; 1973~ 1:30 P.M.
10. That reasonable landscaping, including irrigation facilities,
shall be installed in the unpaved portion of the north side of the Santa Aha
Canyon Road right-of-way and in the median in accordance with the requirements
of the Superintendent of Parkway Maintenance. Following installation and
acceptance, the City of Anaheim shall assume the responsibility for maintenance
of said landscaping.
11. That the City Council reserves the right to delete or amend the
assumption of landscape maintenance in the event Council policy changes.
12. That the developer shall obtain a favorable flood hazard letter,
acceptable to the City of Anaheim, from the Orange County Flood Control District,
13. 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.
14. That Lot No. 36 shall remain undeveloped until public streets in
Tract No. 8082 have been dedicated to and accepted by the City.
On motion by Councilman Dutton, seconded by Councilman Stephenson,
Tentative Map, Tract No. 8423 was approved subject to the recommendations of
the City Planning Commission. MOTION CARRIED.
RESOLUTION NO. 73R-478 - WORK ORDER NO. 706-A: Councilman Sneegas offered Resolution
No. 73R-478 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND
COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE ATCHISON STREET STREET
IMPROVEMENTS FROM CYPRESS STREET TO SANTA ANA STREET, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 706-A. 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 PUB-
LISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be Opened - November 8, 1973, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-478 duly passed and adopted.
RESOLUTION NO. 73R-479 - AWARD OF WORK ORDER NO. 9165: In accordance with recommen-
dations of the City Engineer, CoUnCilman Sneegas offered Resolution NO 73R-479
for adoption. '
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWINO PUBLIC
IMPROVEMENT: REMODELING OF CITY HALL ANNEX, 150 EAST LINCOLN AVENUE
(FORMER BANK OF AMERICA BUILDING)~ IN THE CITY OF ANAHEIM, WORK ORDER NO.
9165. (~l~ahelm Construction Company - $42,473.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and I)utton
None
None
The Mayor declared Resolution No. 73R-479 dhly passed and adopted.
73-B53
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16, 1973~ 1:30 P.M.
FINAL ACCEPTANCES: Upon receipt of certifications from the Director of Public
Works, Councilman Sneegas offered Resolution Nos. 73R-480 through 73R-484,
both inclusive for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-480 - W9RK ORDER NO. 659-B: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE
PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC SIGNALS AND
SAFETY LIGHTING AT THE INTERSECTION OF OLIVE STREET AND VERMONT AVENUE,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 695-B. (Steiny and Company, Inc.)
RESOLUTION NO. 73R-481 - WqRK ORDER NO. 679-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE
PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE NORTH STREET - STREET IMPROVEMENT FROM
MAVIS STREET TO APPROXIMATELY 29 FEET EAST OF PAULINE STREET, IN THE
CITY OF ANAHEIM, WORK ORDER NO. 679-A. (Sully-Miller Contracting Co.)
RESOLUTION NO. 73R-482 - WORK ORDER NO. 681-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE
PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE BALL ROAD & DALE AVENUE NORTHWEST CORNER
STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 681-A.
(R. J. Noble Company)
RESOLUTION NO. 73R-483 - WORK ORDER NO. 683-B: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR,SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE
PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMENT OF THE NORTHWEST CORNER OF
EUCLID STREET AND LA PALMAAVENUE, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 683-B. (Silveri and Ruiz Construction Company)
RESOLUTION NO. 73R-484 - WORK ORDER NO. 689-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE
PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE SYCAMORE STREET STREET IMPROVEMENT, FROM
APPROXIMATELY 437.29 FEET EAST OF TO APPROXIMATELY 163.80 FEET EAST OF
OLIVE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 689-A. (R. J. Noble
Company)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution Nos. 73R-480 through 73R-484, both
· inclusive, duly passed and adopted.
RESOLUTION NO. 73R-485 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution
No. 73R-485 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Jack M. & Wilma J. Slough, Richard
C. Hayton, et al)
73-854
City Hall? Anaheim~ California - COUNCIL MINUTES - October 16~ 1973, 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-485 duly passed and adopted.
PURCHASE OF PROPERTY UNDER LEASE/OPTION AGREEMENT - MERCHANTS NATIONAL REALTY
CORPORATION: Mr. Alan Watts submitted a letter prepared for the Mayor's signature
which gives the City's notice of intention to exercise option to purchase the
property known as Parcel No. 1, pursuant to the provisions of Paragraph No. 8
of that agreement between the City and Merchants National Realty Corporation
(the parking lot immediately south of the former Bank of America building).
Mr. Watts advised that this is the first of three option parcels covered in the
agreement. The purchase price is $75,000 and this item is included in the
Budget.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the City Council approved the letter submitted and authorized the Mayor to
execute same. 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
Councilman Thom, seconded by Councilman Pebley:
a. Claim submitted by Kathrine L. Burns for personal property damage
purportedly as the result of broken water pipe/mud and water damage, on or about
August 22, 1973.
b. Claim submitted by Wilma A. Wilson for personal property damage
purportedly resulting from collision with City vehicle, on or about September 15,
1973.
c. Claim submitted by Marie Lepre for personal property damage pur-
portedly resulting from parkway tree roots in the sewer line, on or about
September 25, 1973.
d. Claim submitted by Denar Company for property damage purportedly
as a result of City crew hooking up wiring on roof, on or about September 15, 1973.
MOTION CARRIED.
SAN JOAqUIN NUCLEAR PLANT FEASIBILITY STUDY: Utilities Director Gordon Hoyt submitted
his memorandum dated October 16, 1973, recommending that the City of Anaheim
participate in the San Joaquin Nuclear Plant Study. He advised that this project
involves the generation of electricity by nuclear energy and is sponsored by the
Los Angeles Department of Water and Power. Some of the other participants are
Pacific Gas and Electric, Southern California Edison Company, San Diego Gas and
Electric. The City's cost, if able to participate to the extent of 4.55% will
be $90,000 for the Feasibility Study Phase.
Mr. Hoyt referred to the tabulated power cost comparison of coal and
nuclear fuel and pointed out that the fixed charges and transmission costs re-
present 2/3 of the cost of power as it is delivered. He stated that knowing
that a municipal utility can obtain financing less expensively because of tax
exemptions and other advantages~ it is obvious that the City can participate in
its share of this study and eventual construction more economically than if it
were to purchase energy from a private company which has made an investment in
the plant, since their financing costs are currently from 15 to 18%. By compari-
son with the rate at which the City is currently purchasing electricity, Mr. Hoyt
commented that the City could participate in the San Joaquin Nuclear Project and
after allocation of 25% for reserves, 75% plant factor including amortization
costs at 9.6 mills per kilowatt-hour, could still amortize the entire investment,
pay the costs and have the power delivered here, with a savings of $3,000,000 per
year. He stated that he felt this is a splendid opportunity for the City and
highly recommended lhat the Council authorize participation in the Feasibility
Study.
To further document this position, a t~ble was presented which illus-
trates the projected amounts of money which the City will be paying for power in
73-855
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
the future at currently applicable Southern California Edison wholesale rates.
~ remarked that although the amount of money required for this type of pro-
Ject is large, considered along with a magnitude of the future cost of elect-
ricty, it fits into better perspective.
Mr. Hoyt advised that no decision needs to be made at this time as
to participation in the construction of the project if it proves feasible.
If construction does proceed then the cost of the Feasibility Study will be
considered capital costs and should the City elect not to participate in con-
struction their portion of the Feasibility Study costs would be returned; if
construction does not go forward or the project does not prove feasible, these
funds will not be returned.
Mr. Hoyt further recommended that the City finance the Feasibility
Study costs out of current revenue, which leads to a further recommendation
regarding the interim electrical rate schedule. He noted that it is possible
that the City will not be able to participate in the project for the recommended
4.55% since he has been informed that the project is oversubscribed and attempts
will be made to reduce the shares. The rationale behind entering the project
at the Feasibility Study level is that if the City does not participate in
timely fashion in these studies, access to the plant may be denied at a later
date.
Councilman Thom questioned if in order to finance the Feasibility
Studies, the electrical rates must be increased.
Mr. Hoyt stated that the rate will have to be increased whether or
not the City participates in this project and that participation will cost an
additional$12,000 per month for the remainder of this fiscal year, assuming
the City can participate at the rate of 4.55%. Mr. Hoyt advised that currently
there is a total deficit of $810,000 which would require an additional
$108,000 per month over the remaining 7½ months of this fiscal year to cover.
In order to finance the San Joaquin Project Study cost, the added monthly
.revenue required would be $12,000 which would increase the total added monthly
revenue to $120,000. Mr. Hoyt stated that an increase in the electrical rates
is necessary to off-set loses and to balance the budget, and that he is recom-
mending that the rates be readjusted an incremental amount in addition to
finance the study. At the conclusion of the recommended rate increase, the
City of Anaheim rates will be 4.6% below those of Southern California Edison
base rates. Mr. Hoyt concluded that he needs some direction from Council re-
garding the adjustments to electrical rates and with this determination he will
return with a recommendation in November for adjusting the rates.
Councilman Thom remarked that he found it difficult to reconcile the
idea of selling a $90,000,000 bond issue for eventual construction of this
project to the citizens of Anaheim.
Mr. Hoyt pointed out that if this project is proved feasibile, it
will be constructed by the largest utilities in the State together with such
other municipal entities as are able to participate. The basic issues of a
bond issue would be based on economic facts; these being that if the City has
a capital interest in the plant, the cost of power delivered will be signifi-
cantly less than if the City has no interest and is obliged to purchase power.
He emphasized that the current rate schedules reflect that the imbedded cost
of capital is now in excess of 52% when purchasing from Edison, whereas the
City has paid approximately 4.9% and has not yet gone to as high as 5½%. Since
these fixed costs comprise 2/3 of the cost of power delivered, it would be a
simple economic deduction that a capital interest in such a project would even-
tually yield lower electrical rates. Mr. Hoyt added that the bonds would be
self-liquidating and the estimated $3,000,000 per year saving with participation
to the extent recommended, would be in addition to the retirement of the bonds.
Councilman Thom stated that he could not share Mr. Hoyt's confidence
in the success of a $90,000,000 bond issue.
Councilman Sneegas stated that an important factor in the consider-
ation is that the proposal is to invest capital in a commodity for which there
is no doubt about the market.
73-856
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~.1:30 P.M.
Mr. Hoyt related that since the City is no longer bound to an agree-
ment to obtain its entire power supply from Southern California Edison, the
economic facts of the utility business mandate that the City become involved
in the generation and transmission portions of power supply, and im his opi~ian,
this is an excellent opportunity.
Mr. Murdoch related that the proposed rate increase would mean that
the City of Anaheim utility rates would still stay below the Edison rates by a
minimum of 6%.
Councilman Thom voiced his agreement with a rate increase to make up
the revenue lag, however, he felt that the expenditure of $90,000 for the study
would be a gamble against the odds of selling a $90,000,000 bond issue.
Councilman Stephenson remarked that if participation if likely to pro-
duce the savings outlined by Mr. Hoyt, it would be foolish not to proceed.
Councilman Thom stated he might be more inclined to agree if some of
the projections in the prior bond issue had been more on target, noting that
there were some violent fluctuations and some disparities.
Councilman Sneegas stated for the record that his personal philosophy
is for government not to be involved in business, however, he noted that the
people have chosen this alternative and therefore the City is obligated to be
in the generation and transmission portion of the electrical business for the
next 20 years. Regarding any discrepancies in the projections made at the time
of the bond issue which might be a result of the necessity of revising rates up-
ward, Councilman Sneegas remarked that no one will dispute the fact that there
have been some violent changes in the American economic picture, and the rate
increases approved have merely passed on the incremental increases which are
occurring everywhere. Since the City is in the electrical business, it stands
to reason that an attempt should be made at solving the energy needs of the
future. Further he felt that an expenditure of $90,000 against the possibility
of saving $3,000,000 per year is not excessive, and noting the other participants
in this study, and the fact that they are proceeding with a feasibility study
costing $2,000,000, he felt that Anaheim's share of $90,000 would not be as much
a gamble as an investment.
Utilities Director Gordon Hoyt advised that he is not aware of any
discrepancies in the Edison acquisition and the bond issue for that purpose and
offered to work with Councilman Thom to clarify or satisfy his concerns in this
regard.
Councilman Thom responded that there is nothing of any magnitude,
just some disparities, which do not cause him as much consternation as the
raising of $90,000 to study something which will cost the City $90,000,000.
In answer to Councilman Dutton, Mr. Hoyt explained some of the causes
of the impending power crisis and outlined the extensive additional lead time
and increased costs per kilowatt-hour associated with current planning and con-
struction of energy transmission facilities.
Acting City Attorney Alan Watts stated that while the current partici-
pants include the four largest utilities in the State of California, in addition
to the City of Anaheim, the Cities of Riverside, Pasadena and Glendale are also
considering participation, as well as the State of California, so that the pro-
ject takes on ramifications of having a group of backers which do have the ability
to succeed in developing the facility.
Councilman Stephenson moved that the City 8f Anaheim participate in
the San Joaquin Nuclear Plant Study to the extent of 4.55%, at a cost of $90,000,
and that the Utilities Director be authorized to draft a new electrical rate
schedule reflecting a monthly increase in revenue of $120~000 for the remainder
of the 1973-74 Fiscal Year, to recover the current revenue lag and deficiency
as well as to finance the San Joaquin Project Study costs. Councilman I)utton
seconded the motion. To this motion, Councilman Thom voted"no". MOTION
CARRIED.
73-857
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
ANAHEIM STADIUM CORPORATION APPOINTMENT: On motion by Councilman Stephenson,
seconded by Councilman Sneegas, appointment of Mr. Paul Presley to the Anaheim
Stadium Corporation Board of Directors to fill the vacancy created by the re-
signation of Mr. Ron Caspers, was ratified. MOTION CARRIED.
ANAHEIM PARKS AND RECREATION COMM~ISSION: On motion by Councilman Pebley, seconded
by Councilman Stephenson, appointment of Mr. James P. Bonnell to the Anaheim
Parks and Recreation Commission, representing the Anaheim Union High School
District, to fill the unexpired term of Edward M. Hartnell, was ratified.
MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed, on
motion by Councilman Sneegas, seconded by Councilman Stephenson:
a. Local Agency Formation Commission - Resolution No. 73-128 -
Approving consolidation of County Sanitation District No. 4 into County San-
itation District No. 3.
b. Financial and Operating Reports for the Months of August and
September, 1973.
Customer Service Division (September)
Water Division (August )
Engineering Division (August )
c. Cultural Arts Commission - Minutes - September 17, 1973.
d. Annual Report - Engineering Division.
MOTION CARRIED.
ORDINANCE NO. 3220: Councilman Sneegas offered Ordinance No. 3220 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-44 (3) - Tract No. 8215 - R-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3220 duly passed and adopted.
ORDINANCE NO. 3222: Councilman Stephenson offered Ordinance No. 3222 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIAPL CODE RELATING TO ZONING. (68-69-37 (7) - M-i)
ABC APPLICATION: The City Manager reported that the transfer application submitted
by Rochan E. Ford for on-sale general (public premises) for Never on Sunday,
2810 West Lincoln Avenue is in violation of the conditional use permit granted.
Zoning Supervisor Roberts explained that the original conditional
use permit granted to the Applicant wa~ sp~ci£ically £or a restaurant and bar;
that the Applicant is now requesting a transfer in the ABC application which,
in effect, changes the nature of the business to bar use only and would re-
quire a new conditional use permit.
Acting City Attorney Alan Watts advised that the Applicant currently
has an on-sale general license which is valid only when food is served con-
currently; that the proposed transfer will permit service of alcoholic beverages
only, which may constitute making the use more intent. Mr. Watts explained
that if Council feels that the use would be made more intense by the proposed
transfer, they may wish to file a conditional protest.
73-858
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
On motion by Councilman Dutton, seconded by Councilman Sneegas, con-
ditional protest on the basis of zoning on the proposed transfer submitted by
Rochan E. Ford for on-sale general (public premises) for Never on Sunday, 2810
West Lincoln Avenue, was authorized. MOTION CARRIED.
MAN IN WASHINGTON AGREEMENT: The City Manager stated that in order to implement the
Man In Washington Program, two agreements must be executed by Anaheim, advising
that three other cities involved in the program have already authorized the
agreement.
RESOLUTION NO. 73R-486: Councilman Sneegas offered Resolution No. 73R-486 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN AGREEMENT BETWEEN ANAHEIM, GARDEN GROVE, HUNTINGTON
BEACH AND SANTA ANA PERTAINING TO THE JOINT EMPLOYMENT OF A LEGISLATIVE
REPRESENTATIVE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas and Dutton
Pebley and Thom
None
The Mayor declared Resolution No. 73R-486 duly passed and adopted.
RESOLUTION NO. 73R-487: Councilman Dutton offered Resolution No. 73R-487 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITIES OF ANAHEIM~ GARDEN GROVE,
HUNTINGTON BEACH AND SANTA ANA AND THE LEAGUE OF CITIES--CONFERENCE OF
MAYORS, INC., PERTAINING TO THE EMPLOYMENT OF A WASHINGTON REPRESENTATIVE~
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY OF ANAHEIM°
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas and Dutton
Pebley and Thom
None
The Mayor declared Resolution No. 73R-487 duly passed and adopted.
~EASE AGREEMENT - M.D.S. COMPUTER SYSTEMS SITE: The City Manager reported that staff
has secured the additional information requested by the Council regarding the
use of an industrial building or a portion of the Stadium modified to meet com-
puter office requirementsand to remain within the joint budget, as potential
sites for the Joint City-M.D.S. Computer Facility.
Mr, William Butcher, Administrative Analygt presented slide~ and hrie£~d
the Council on the factors considered in procuring a three-year lease for the
Joint Computer Facility, namely, urgency for site selection, requirements for
computer center, site requirements, financial restrictions and site alternatives.
Mr. Butcher pointed out that in order to remain within the joint budget,
approximately 45 cents per square foot per month for a lO,O00-square foot facility
for a three-year period, could be expended. He reported that industrial buildings,
office buildings, trailers and the Stadium had been surveyed. The results of
the survey showed that, including the building modifications and utilities,
trailers would lease 55 cents per square foot, however they were not readily
available as they would have to be specially built to accon~nodate computer equip-
ment; that the 7th floor of the Bank of America building would lease for 49 cents
73-859
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
per square foot for the first year and 52 cents per square foot for the suc-
ceeding two years; that Bryan Industrial Properties, the lowest industrial
bidder, would lease building located on Via Burton for 54 cents per square
foot; and that the Stadium would necessitate confiscating office space pre-
sently occupied by other City personnel, plus constructing a 1500-square foot
room which would then meet the computer center square footage requirement.
Mr. Murdoch cautioned the Council against the economic ramifications
of using the Stadium for the computer facility, noting that by elimination of
Stadium operation space, in effect, puts the operation out of business. He
further noted that the Bank of America lease is more reasonable and in his
opinion, use of the Stadium is not a practical solution, irrespective of the
monetary analysis.
Councilman Sneegas questioned the per square foot 15 cent building
and 22~ cent modification quotes of Bryan Industrial Properties in relation
to the Bank of America combined building and modification quote of 42 cents
per square foot.
Mr. Butcher answered that Bryan Industrial Properties modified their
building for their present tenant which meets many of our'computer center re-
quirements, therefore their modification costs would be relatively low.
Councilman Sneegas also questioned the utility etc., cost quote of
16.5 cents per square foot by Bryan Industrial Properties in relation to the
Bank of America quote of 7 cents per square foot.
Mr. Butcher replied that the 16.5 cents represents the taxes and
insurance that the City and M.D.S. would have to pay for modifications, a
custodial fee of 8 cents and a computer power expense of 7 cents. He explained
that the Bank of America would absorb the tax expense for the modications, that
custodial services provided to us at their cost of 3 cents and that the com-
puter power expense is 4 cents.
Councilman Sneegas asked if the Bank of America and Bryan Industrial
Properties modifications were both on a lease improvement basis and would
amortize at the end of three years, noting that if this were the case, lease
of the Bryan Industrial Properties' buildings would then be 15 cents per
square foot per month.
Mr. Butcher answered affirmatively, and stated that assuming that
the Bank's modification costs have amortized at the conclusion of the three
years, they could renegotiate for another lease should the computer operation
continue. The Bank could not commit itself at this time beyond three years.
Councilmen Sneegas and Pebley emphasized that the 22½ cents decrease
at the end of three years with Bryan Industrial Properties was a fact; that
Bank of America was only an assumption and there was not clear indication of
any decrease.
Other factors to be considered, stated Mr. Butcher, are location of
the site and parking. He explained that although the location of the Bryan
Industrial property on Via Burton near State College Boulevard is close to
freeways, parking is relatively poor, noting there are only 20 to 22 spaces
on the property and parking on the street is nil due to the heavy industrial
use in the area. He reported that the Bank of America has offered 30 parking
spaces for employees and visitors of the computer center and that since the
center is a 24-hour operation, 30 spaces would suffice. Mr. Butcher advised
that additional parking could be negotiated.
Councilman Pebley expressed the opinion that with a one-story build-
ing, an employee's wasted time and motion would be less than a multiple floor
building.
Councilman Thom felt the most logical lease would be with Bryan
Industrial Properties, noting that at the end of three years, rent at the Bank
of America could increase due to demand and even if it did not increase, rent
73-860
..C..ity Hall, Anaheim~ California - COUNCIL MINUTES - October 16~ 1973~ 1:30 P.M.
would still be 45 cents per square foot, whereas Bryan Industrial property de-
creases to 15 cents per square foot at the end of three years. He felt reason-
able certain that 15 cents per square foot could be written into an option now
with Bryan Industrial Properties.
On motion by Councilman Thom, seconded by Councilman Sneegas, staff
was instructed to pursue negotiations for a three-year lease agreement with
Bryan Industrial Properties for the building located at 2259 Via Burton, with
sn option at the conclusion of the base lease to renew the lease at 15 cents
per square foot per month for a three to five-year period. MOTION CARRIED.
APPRAISAL- WILLDAN ENGINEERING PROPERTY: The City Manager reported that the mutually-
acceptable appraiser for the acquisition of the Willdan Engineering property
(required by the approval of the proposed City Hall configuration) is Cedric
White, who has additionally agreed to appraise the City-owned lot located at the
northwest corner of Philadelphia Street and Broadway, which may very well be
used in an exchange of properties between the City and Willdan Engineering, at
a total cost of $2,500.
On motion by Councilman Sneegas, seconded by Councilman Dutton, Cedric
White was authorized to appraise the Wildan Engineering property, ~located on the
west side of Claudina, south of the parking lot, and the City-owned property
located on the northwest corner of Philadelphia Street and Broadway, at a cost
not to excced $2,500. MOTION CARRIED.
CONTRACTOR'S LIABILITY INSURANCE LIMITS: Acting City Attorney Alan R. Watts reported
that the City Attorney's Office, the Public Works Department and the City's
liability insurance carrier have had several discussions relative to the amounts
of insurance the City requires contractors to carry when performing public im-
provement contracts. Mr. Watts advised that there has been recent actions where-
in the top limit of a contractor's insurance policy had been reached, noting that
when you go above the limits of a policy, you must then negotiate with the con-
tractor himself to recover damages rather than the insurance company. In view
of this fact, it was felt prudent to increase the insurance limits to $250,900
and $500,000 for liability and $100,000 for property damage.
On motion by Councilman Pebley, seconded by Councilman Sneegas, in-
crease in the limits of liability and property damage insurance to be carried
by contractors performing public improvement contracts to $250,000 and $500,000
for liability and $100,000 for property damage, was authorized. MOTION CARRIED.
AGREEMENT - STATE SELECTION CONSULTING CENTER: On the recon~nendation of the Personnel
Director, Councilman Stephenson moved to authorize the Personnel Director to
enter into an agreement with the State Selection Consulting Center for continued
participation in State-wide validation studies of clerical and fire personnel
selection procedures at a cost of $1,900. Councilman S~eegas seconded the motion.
MOTION CARRIED.
CHARTER AMENDMENT ELECTION: Acting City Attorney Watts referred to his memorandum of
October 15, 1973re The Charter Amendment Election and stated there is some ambiguity
involved in the statutes insofar as setting the date of the election, however, in
his opinion, the most logical interpretation is for the governing body to retain the
ability to determine whether or not the Charter Amendment is to be submitted at a
special election, or at a general municipal election.
Councilman Thom expressed the opinion that no one desired a special
election £or the Charter Amendment Election and stated he believed the face of
the petition specifies the election should be held at a date determined by the
City Council.
Mayor Dutton stated perhaps a clarification of the State Attorney
General's Office is in order to interpret the applicable statues.
Councilman Pebley inquired of legal counsel whether the petition cir-
culated specified a date for the election or what consequence would it be if the
election was not held for four years.
Mr. Watts replied that he was reasonably certain an interested party
could obtaim~a Writ of Mandate to compel the Council to set a date within a
reasonable period of time.
73-861
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 16~ 1973; l:3Q P.M.
Mr. Murdoch stated since there is no indication on the part of the
Council for a special election and since it is an assumed intent of the cir-
culators of the petition to hold the election at the next general municipal
election no contest exists.
Councilman Sneegas stated although he is against a special election
due to costs, he still has reservations about putting both the proposed Charter
Amendment Measure and actual election of a Mayoral candidate on the same bal-
lot. He felt the public could get confused about the issues, i.e., if a voter
desires to vote"no"on the measure, but sees he must also vote for a candidate
in the event the measure is successful, he may also feel he must vote "yes" on
the measure. Councilman Sneegas stated that he feels there is a grave respon-
sibility on both the proponents of the Charter Amendment Measure and the
Council to get the public fully informed.
Mr. Watts explained that the proposed Charter Amendment, Subsection
D, requires both issues to be voted upon concurrently.
No further action was taken by the City Council.
RECESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Pebley
moved to recess to Executive Session. Councilman Sneegas seconded the motion.
MOTION CARRIED. (6:00 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being pre-
sent. (6:14 P.M.)
ADJOURNMENT: Councilman Pebley-moved to adjourn to Thursday, October i8, 1973, .
9:00 a.m., to consider personnel matters and any other matters that may pro-
perly come before the City Council. Councilman Sneegas seconded the motion.
MOTION CARRIED.
Adjourned: 6:15 P.M.
Deputy City Clerk
City Hall~ An~heim~ California - COUNCIL MINUTES - October 18~ 1973; 9:00 A.M.
The City Council of the City of Anaheim met in Adjourned Regular
session.
PRESENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, Pebley (arrived 9:05 A.M.), Thom
and Dutton
CITY MANAGER: Keith A. Murdoch
ACTING CITY ATTORNEY: Alan R. Watts
DEPUTY CITY CLERK: Aloha M. Farrens
PERSONNEL DIRECTOR: Garry McRae
Mayor Dutton called the meeting to order.
The City Manager reported that the I.B.E.W. Union and Police Assoc-
iation have not yet accepted the salary package offered and therefore suggested
an Executive Session prior to taking action on any of the proposed salary
resolutions.
RECESS - EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session.
Councilman Stephenson seconded the motion. MOTION CARRIED. (9:01 A.M.)
Councilman Pebley entered the Executive Session. (9:05 A.M.)