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1970/10/0670-514 City Hal!, Anaheim, California - CA!U~_CIL MINUTES.' October 6, 1970, 1:30 P.M. The City codncil of the City of Anaheim met in regular session. PRE SENT: ABSENT: PRE SENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None CITY M~,NADER: Keith A. Murdoch- ASSISTANT CITY ATTORNEY: John Dawson CITY CLERK: Dens M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Lt. Sundin, of the Salvation Army, gave the Invocation. -~LAG SALUTE: Councilman Ralph B. Clark led the Assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following'Proclamations were issued by Mayor'Dutt°n and unanimously ratified by the City Council: Fire Prevention Week - October 4-10, 1970. Orange County Economic Outlook Day - October 8, 1970. RESOLUTION OF COMM~NDATION: A Resolution commending H. Ross Perot, Founder of "United We Stand," for his generosity and perseverance in the service of his Country and the defenders of American democracy. INTRODUCTION OF NEW EMPLOYEES: Hal Steinruck, of the City Personnel De- partment, introduced new employees attending the Council meet- ing as part of the City's orientation program. Mayor Dutton welcomed the new employees to the City team. MIllES; Minutes of the Anaheim City Council meeting held September 15, 1970, were approved, as corrected by Councilman Thom, on motion by Councilman Pebley, seconded by Councilman Clark. MOTION CARRIED. WAI.VER OFREADING -.ORDINANCES A~D RESOLUTIONS: Councilman Clark 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, un- less after reading of the title,, specific request is made by a Council- man for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. l~l~tT - FINANCIAL DEMANDS A~AI~ ~ CITY: Demands against the C£ty, in the amount of $229,517.77, in accordance with the 1970-71 Budget, were approved. P~BLIC ~EARtNG - REC.~LASS[FICATION NO~ 70-71-10: Submitted by Heirs of Lena Wiese, requesting a change of lone from R-A to R-3 on property located on the south side of Ball Road, east of Euclid Street, and further des- cribed as 1582 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC70- 170, recommended said reclassification be approved, subject to the fol- lowing conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road, for street widening purposes, 2. That all engineering requirements of"the City of Anaheim along Ball Road, including prepration of improvement plans and installa- tion of all improvements, such as curbs and gutters, sidewalks, street grading and paving, dNainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with 70-515 City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1970, 1:30 P.M. standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Ball Road 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 guarantee the installation of the above-mentioned re- quirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Ball Road, for tree planting pur~ poses. 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 instal~d as required and deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be constructed along the south property line. 7. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential uses. 8. That subject property shall be served by underground utilities. 9. That 'the owner of subject property shall pay to the City of Anaheim the sum of $75.00 per multiple-family unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. 10. Prior'to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, and 3, 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 180 days from the date hereof, or such further time as the City Council may grant. 11. That Condition Nos. 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zoning inspections. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and briefed the evi- dence submitted to and considered by the City Planning Commission. Mr. Roberts added that the plans submitted indicated no waivers are contemplated by the Ap-~ plicant. Mayor Dutton asked if the Applicnnts or their Agents concurred with the recommendations of the City Planning CommisSion. Stanley Bell, 9776 Katella Avenue, Agent for the Petitioner, stated they have no objections to the City Planning Commission recommendations, and do not intend to request any waivers to the R-3 zoning, requirements. Mayor Button asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 70R-477: Councilman Clark offered Resolution No. 70R-477 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Plan- ning 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~IINICIPAL CODE RELATING TO ZONING SHOULD BE AI~NDEDAND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (70-71-10 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Button None None The Mayor declared Resolution No. 70R-477 duly passed and adopted. 70- 516 City ~Ha!l, Anaheim, Cal~fornla - ~N~IL_HINUTE$.- October 6, 1970.,.. l:~D P..M. PU~IG BERING - REC~SSIFICATIONNO, 70-71-11 AND VARIANCE N0. 2199: Submit- 'ted bY St. Mark~s Methodist Church of Anaheim, requesting a change of zone from R-A to R-3, to establish a two-story, 29-unit apartment complex, on property located on the south side of the westerly extension of Mungall Drive, west Of Knott Avenue, with waiver of: a. Maximum building height within 150 feet of a single-family residential zone. The City Planning Commission, pursuant to Resolution No. PC70- 168 recommended said reclassification be approved, subject to the follow- ing conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from each side of the center- line of the street alonE Mungall Drive, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Mungall Drive, including preparation of improvement plans and in- stallation of all improvements, such as curbs and gutters, sidewalks, street grading and paving,, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along Mungall Drive shall be installed as required by the Director of Public Utilities and in accord- ance with standard plans andspecifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to ~uarantee the installation of the aboVe~mentioned requirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Mungall Drive, for tree plant- ing purposes. 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 as required and deter- mined to be necessary by the Chief of the Fire Department. 6. That a 6-foot masonry wall shall be- constructed along the south, east (south of terminus of alley) and west property lines. 7. That all air-conditioning facilities shall be properly shiel- ded from view, and the sound buffered from adjacent residences. 8. That subject property shall be served by underground utili- ties. 9. ~hmt the owner of subject property shall pay to the City of Anaheim the sum of $75.00 per multiple-family unit, to be used for park and recreation purposes, said amount to be paid at the time the buildin8 permit is issued. 10. Drainage shall be disposed of in a manner that is satisfac- tory to the City Engineer. 11. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2, and 3, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City C°Un&tl unless said conditions are complied with within 180 days or such further time as the City CounCil may grant. 12. That Condition Nos. 4~ 5, 6, 7, 8, 10, and 11, above men- tioned, shall be complied with prior to final building and zoning inspec- tions. The City Planning Commission, pursuant' to Resolution No. PCT0-: 169~ granted said variance, subject to the following conditions: 1'. That this variance is granted subject to the completion of Reclassification No. 70-71-11. 2. That subject property shall be degeloped substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3. 70-517 City. H~..11, Anaheim~ California- C0b~¢IL ~NUTES -. October 6, 1970, .1:30 P.H. Zoning Supervisor Charles Roberts noted the location of subject pro- perty, the existing uses and zoning in the immediate area, and briefed the evidence submitted to and considered by the City Planning Commission. With reference to the requested waiver of maximum' building height within 150 feet of a single-family residential zone, Mr. Roberts advised that the residential property affected is within the City of Buena Park which requires a 50-foot separation, and all units meet this requirement with the exception of two units on the extreme east side of subject property which will have a 40-foot separation. Mayor Dutton asked if the Applicant or his Agent was present and concurred with the recommendations of the City Planning Commission, to which he received an affirmative reply. Mayor Dutton asked if anyone w/shed to address the Council in op- position; there being no response, declared the hearing closed. RESOLUTION NO. 70R-478: Councilman Pebley offered Resolution No. 70R-478 for adoption, authorizing the preparation of necessary ordinance changing the zone as requested, sdbject to the conditions recommended bY the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAH~IM~NICIPAL COOE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANG'ED. (70-71-11 - R-3) Roll Call Vote: AYES: COUNCILMEN: NOES ~ CO, NC ILMEN: AB SENT: COUNCILMEN :' Clark, Stephenson, Pebley, Thom and D~tton None None The Mayor declared Resolution No. 70R-478 duly passed and adopted. RESOLUTION NO. 70R-479: Councilman Pebley offered Resolution No. 70R-479 for adoPtiOn, granting Variance No. 2199 as requested~ ~ubJect tO"~he-~dttions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OFT HE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2199. Roll Call Vote= AYES: COUNCILMEN: N0E S: COUNCILMEN: ABSENT i' COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-479 duly passed and adopted. PUBLIC HEAR. lNG - GENERAL P~ANENDMENTNO, 120: Initiated by the City Planning Commission, to consider the addition of Mini-Parks to the text of the Anaheim General Plan - Community Facilities Element - Parks, Recreation,and Open Space. At the August 4, 1970, meeting, General Plan Amendment No. 120 was referred back to' the City Planning Commission for rehearing, at their request. The City Planning Commission, at their meeting held August 24, 1970, by Motion, reaffirmed their recommendation made in Resolution No. PC70-131, to adopt General Plan Amendment No. 120. 70-518 City H&ll, Anaheim, CalifornLa - ~IL HINUTES -.October 6, 1970, 1:30 P.M. The City Clerk submit'ted a memorandum received at this meeting from the League of Women Voters of Anaheim-Garden Grove, in support of General Plan Amendment No. 120, vhich memorandum Hrs. Ken Burnap, 1105 South Hilda Street, read in full to the Council. Councilman Dutton asked if there is a minimum set for the size of a Ntni, Park. Zoning Supervisor Charles Roberts advised the Development Ser- vices Department Staff had not recommended a minimum size be set, however, a minimum size probably would be determined by the size of facilities to be situated on the property, be it in a residential or couenercial area. Hayor Dutton asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RE~OLUTION NO. 70R-480: Councilman Thom offered Resolution No. 70R-480 for adoption., approving General Plan Amendment No. 120, as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDP~NT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 120. (Mini- Parks.) Roll Cai1Vote~ AYES: COUNCILHEN~ NOES: COUNCILMEN: ABSENT,, COUNCILMENz Clark, Stephenson, Pebley, Thom and Dutton None None ted. The Nayor declaredResolution No. 70R-480 duly passed and adop- PUBLIC I~~ - AB~NNENTN0s ?0-1~ Public hearing was held on proposed abandonment of a public utility easement, requested byRaymond N. Rough; property located south of La Palms Avenue, at theeast side of Hagnolia Avenue, pursuant to Resolution No. ?0R-455, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of'the City Engineer was submitted, recommending apprOVal, subject to reservation of overhead easement for power line overhan~ and cross'~.ptrvpe~es. Nayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. RES~LUTION NO. 70R-4811 Councilman Pebley offered Resolution No. 70R-481 for adoption, approving Abandonment No. 70-1A, subject to the recommenda- tions of the City Engineer. Refer to Resolution BoOk, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONI~NT OF PORTIONS OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THEREFORM A CERTAIN OVERHEAD EASEMENT FOR POlaR LINE OVERHANG AND CROSS ARM PURPOSES. (No. 70-lA) Roll ca'il Vote ~ · AYES: COUNCILMEN: NOES: COUNCILMEN= ABSENT: COD'NC ILMEN~ Clark, Stephehson, Pebley, Thom and Dutton None None The Nayor declared Resolution No. 70R-481 duly passed and adop- ted. 70-519 City ~all, Anaheim, Cali£0rnia - COUNCIL MINUTES - October 6, 1970, 1~30 PUBLI C HE.A~INO- ABANDO~ NO. 69'23A: ~lic hearing was held on proposed Aban- donment of a portion of form~ Anaheim Union Water Company right-of-way (33 feet) and a portion'of a former Edison Company easement, requested by Larry 'ltabz, l~ Project Manager, Modular Technology, Inc.; ~operty located south of La'Palma Avenue, east of Rio Vista Street; pursuant to Resolution No. 70R- 456, duly published in the Anaheim Bulletin and notices thereof posted in ac- cordance with law. Report Of the City Engineer was submitted, recommending approval. Mayor Dutton asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO.. 70R-482: Councilman Stephenson offeredResolutton No. 70R- 482 for adoption., apProving Abandonment No. 69-23A; as recommended by the City Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCILOF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDOlql~NT OF PORTIONS OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (69- 23A. Portions of Easements located south of La Palma Avenue, east of Rio Vista Street.) Roll Call Vote: AYES: COUNC ILMgN: NOES: COUNC IL~EN: ABSENT: COUNCILM~N: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-482 duly passed and adopted. FLOOD HAMARI~ SANTA ANA CANYO~-REp0~TS.; Zoning Supervisor Charles Roberts re- ferenced reports of work sessions the City Planning Commission has held with the U.S. Army Corps of Engineers and Orange County Flood Control District re- garding potential flood hazards in the Santa Aha Canyon in response to an earlier request by the City Council that a study be made of potential densi- ties for the Santa Ana Canyon area. Mr. Roberts advised that representatives of these two agencies were prepared to address theCouncil this date. The City Clerk introduced correspondence from American Mobil~home Company dated October 2, 1970, :equesting permission to address the Council with regard to a building permit for a Santa Ama Canyon location. Lt. Col. S.J. Black, U,S. Army Corps of Engineers, in answer to a letter received from the Development Services Department requesting an evalu- ation of flood hazards of that portion of Santa Aha Canyon depicted as the area north of the Santa Ana River, just east of Imperial Highway, advised that, because of recent developments, they were not prepared to give a fair evaluation of this area at this time; however, he stated that at the time a presentation was made before the City Planning Commission a month previous, the Corps of Engineers ad~sed very strongly against developing this area for residential purposes, suggesting any development probably should be in- dustrial. Col. Black advised that that previous recommendation was based on conditions existing in the Santa Aha River some months ago; it did not take into account the flood control improvements recently accomplished by Orange County Flood Control District in this area. He added that the previous flood hazard report was based on what was then expected to be a maximum discharge from Prado Dam of 80,000 second feet; however, re-evaluation since that time of maximum discharge indicates, discharge would be substantially smaller and, therefore, because of these two changes, the flood hazard, although still pres- ent and still great, is not as great as emphasized a month earlier. Col. Black advised that the Corps of Engineers could not complete a re-evaluation of dangers existing to the Santa Ana Canyon from floods until January or February, 1971. He stated that, although not to be considered of- ficial at this time, it was felt that with the flood control improvements in 70-'520 City Hall,, Anaheim. Caltfornta.-GO~l~,~L MINUTES - October 6,. 1970, 1:30 P.M. the a~ea and the revised discharge from Prado Dam, there probably would be protection against floods that occur in the area~about once.every hun- dred~:.-~fears, and added this belief is based on a maximum discharge..of 20,000 second feet from Prado Dam and additional inflow of 20,000 second feet below Prado Dam. Col. Black stated that, inasmuch as the Corps of Engineers his- torically is very conservative in matters of flood control, after the evaiu- ation is completed the City Council probably would prefer to rety Col. Black advised that the Corps of Engineers believes the Santa Aha Canyon definitely wouldbe inundated by what they term a "st~dard,:~o~'~ ject flood," which in this case would have a chance of occurring every two or three hundred years. In outlining the work the Corps of Engineers'feels must be done on Prado Dam to prepare for a standard project flood, Col. Black advised it would be necessary to raise the dam, change the design of the spillway and increase the size of the reservoir, at an estimated cost of $185 mil- lion; improving channels below Prado Dam, in addition to Orange County Flood Control District improvements, are estimated at $79 million, making proposed total Federal eXpenditures of between $260 and $300 million (based on 1970 dollars) on a probable time schedule as follows: general tnvesti- ~at~ report completed about August, 19~7!;approved by Corps of:Engineers San Francisco headquarters and the Chief of Engineers office in Washing- ton, D.C., forwarding of project to Congress, and subsequent funding to be completed by Fiscal Year 1974; design of project under ideal conditions to be completed in Fiscal Year 1978; construction, depending primarily on funding, could be completed any time between 1982 and 1988. Col. Blac~ referenced a display map wherein the Corps of Engin- eers had depicted twe anticipated flood flows- 40,000 second feet dis- charge measured at Imperial Highway that would come from Prado Dam plus the inflow below Prado Dam, and 160,000 second feet that would result ~from a standard project flood should it occur today before anyimprovements could be made on Prado Dam, which, Col. Black.said, is the flood the Corps of Engineers is concernedwith at this time. He added that, although the probability is quite low, if the standard project flood did occur today, it would top the levees, washing them out in many places, md cause exten- sive damage not only in the SantaAna Canyon but throughout Orange County. Col. Blac~ also called attention to a history of Santa Aha River floods, reciting that the greatest flood of record was January 22, 1862, where the 1937 report of.the San Bernardino Flood Control District engin- eers estimated the flow was 3i7,000 second feet. Other floods, as.men- tioned by Col. Black, were the flood of March 2, 1938, and then the twin floods of January and February, 1969 of about 75 or 76 thousand second feet, the first flood of any masnttude since completion of Prado Dam. He stated that, had Prado Dam not b~en constructed at the time of the 1969 floods, Orange Countywould have suffered damages of between $300 and $400 million; whereas, the maximum overflow discharge at Chat time of 5,100 second feet did cause extensive damage in the Santa Aha Canyon. Col. Black advised that the Orange County Flood Control District now has designed and constructed safeguards to protect the Santa Aha Can- yon from flows of the magnitude of the 1969 floods and somewhat larger flows. In answer to Councilman Clark, Col. Black advised that a 200 to 300 year flood'Would inundate and cause extensive damage to the entire City of Anaheim. Councilman Clark asked, in today's situation, how much greater danger there would be to Canyon rather than City residents. Col. Black. answered it is felt there probably is a 100-year protection at this time 70-521 City Hall, ~ahe.~m, Califo~ia -.CO~CI~L .~H~S - October 6, 1970, 1:30 p.M.~ in theCity and probably in the Canyon; however, in the event of a flooding situation,~Canyon residents would hav~a very short time in which to evacuate, particularly if flooding occurred during the night when residents would be sleeping and, he stated, present road network in the Canyon is limited, and thus there is a greater dang/er of losses of lives. He added that if the area were developed industrially~ workers could more e~sily be warned. Councilman Clark suggested that perhaps a flood of the 300 year mag- nitude could be seen building up, and thus residents would have ample rime to evacuate; Col. BLack advised there ~ould be as much as 6 hours of warning, but that would not alloW'enough time to do more than warn residents. He further stated the situation in the Los Angeles basin is compounded by very steep ter- rain, short distances and highly intense rainfall, adding that the elevation drop of the 40 or 50 miles of the Los Angeles River is as great as that for the Mississippi River in its 2,000 or 3,000-mile length. Councilman Dutton questioned the fact that there is no record of the 1862 flood in Anaheim's historical documents. Col. Black gave Councilman Dutton a copy of a report of the 1862 flood that he had obtained from the San Bernardino County Flood Control District, and advised that, since the flood waters had to come through a narrow canyon, the flow could have been lessened considerably by the time it hit Anaheim. Councilman Stephenson asked if floods occhrring at this time would follow the same path aS in 1938. Col, Black advised that floods would now follow the channels designed for them, unless they were of such magnitude they would top the levees~ then they could go in any direction, In answer to Councilman Thom's query of whether the Corps of Engin- eers was withdrawing its recommendations of December, 1969 that residential developments not be allowed in the Canyon area, Col. Black advised it was not withdrawn but they were requesting an opportunity to study the effects of the work.completed by the Orange CountF Flood Gontrol District to determine whe- ther they would change their reco~endatlons. The Council dgreed such a studF would be desirable, H. George 'Osborne, Chief Engineer of the Orange County Flood Control District, stated, it was.contemplated the Corps of Engineers would modify their dam so a standard project flood would not go over the spillway, and that the modified project would have a maximum controlled release of 20,000 cubic feet per second, adding that the Orange County Flood Control District's downstream channel work is predicated on this taking place in the future, and also ap- plied to the channelization completed in the area of the rezoning application.. Hr..Os~me Stated the Orange County Flood Control District has not studied flood routing t.h~ugh thereservoir either as it exists or might be modifled in the future Since it would be a tremendoUs task and one it is an- ticipated would be done 5y the Corps of Engineers. In answer to Councilman Thom~ Mr. OsbOrne advised a flood hazard letter to the Real Estate GommlSston w~uld be based on Corps of Engineers report as to the discharge from Prado Dam, City Manager Keith Mairdoch asked if, as the Corps of Engineers es- timated, dam and upstream reservoir worlc could not be completed for about 20 years, the riskt6 that there will not be a 200 to 300 year flood within that time. Hr. Osborne replied in the affirmative, and added that it was just the last few years that the larger flows have been developed, since the Board of Supervisors had requested Congress to authorize the Corps of Engineers to resurvey the flood program in Orange County less than 10 years ago, which study showed the Prado Dam deficiency as to a standard project flood, based on the tremendous amount of development which has taken place in the upper part of the watershed. 70-522 City Hall, Anahe.i~, Calffornia'.~_'C(3lNCIL HINUTES - Oct6ber 6, 197_0, 1:30 P.M. Fw,, ~rdOch..requested a definite flood hazard recommendation on the confined portion "o£ the' .Ca.'n~n upstream from ..Imperial tttghway since He,'.. OSborne had stated condt'C'lons, differ between that area and the rela- tively flat areas. Hr:.. O.ibo~ne '.sca,odd that if a governing' body., is presented with technical testimony .that"'a:¢ertain area would bS flooded to a certain depth and in a certain fr'equency, that body would have to weigh the prob- able · life of the imProvementi' to be put in there, the Warning time avail- able, and' other factors, in making their decision. In answer to Assistant City Attorney John .Dawson~ }ir. Osborne explained ~that' the.-term "100~'y~ar. flood!' meant that'over a period of sew. era1 thousand years a fl0od:,.of that magnitude' occurred ob an average of every 100 years'. In answer to Counci'lman Clark, Hr. Osborne stated that, in the event of ,a flood at' this t/me, .he would prefer the.safety' cha'nces of a city subdiviSiOn to a ca.nyon, subdivision, and added that· the closer a per- son gets to the canyon 'the gr'.eate'r the prObabilit',y Of s'eVere damage in a standard pro.Ject flood Bec/us/'flood waters spre.ad Ss they. get farther down. He added that if .there wa'i a standard project flood of 160,000 cu-. bic feet per second, 50,000 cubic, feet per second probably ~ould be in the channel and would .fi.ad an °Utlet near Sania Aha and out to the ocean, and would flood the Talber~~ Vall'ey~ and then the. reit' of ~he flood ~aters would be outside t'he cha..nnel' s-e'ek~ng some new psth~ prObablY through wood, La Palms 'Park, the golf,~'cour, se, and on out the western part of town, vhtih path at one trine. 'w~s one of: the beds of'~he Santa ina River. In answer to CoUnd~i'~an,Clark, H~ OS'borne advised that today a flood of:Clge..,1938"mag.iitude'~:coutd be handled very'vel1-except for ~h~ scour problem in the ,(~anYOn,..~nd".that a flood.'would have,-to be of the mag- nitude of a standard pro~eet f:lood 'before severe dama-8~ '~ould occur. COUnci'l~an'Clai~ a.~,.'~.:, 'the, .Corps of ~ngtn~e~.r.~ to complete their proposed ,study:as soon ps.,.p0s~d~l-d¥ .since several lnai~tduals already have invested consid~r:ably in plaris"amt Projects for. the NaYor Duttonr tnvite,d.. -~,h!'l'ip ~. ~alsh, of the American ~tobilehome Company, to address' ~he 'Co~ntt~ 'is requested. ~r.. ~alsh'..rede. fred., co a letter he had rece!ve.d from the Division advisini 'that a bui'!dt'~$ permit could not l~e 'issued him for a recreational ~uilding for his p~oposed mobile home pa=k development in the Santa Aha Can~on area (ReclaS~i~tcation 1~o. 69-70-18, Conditional Use Permit No. 1138) without express approval of the City Council. He there- upen requested the C.l:ty Cooneil direct the Buildtnt Department to issue the requiced,buildin,$ pe~C, for. the recreational bui'lding and improve- ments within thl pa~k,, ~th the. understanding that nObody-w0uld move into the proposed mbb$1e,.home, paoli until such time as the' flo0d hazard study by the Corps of ~.n$tneirs was cc~pl.et~ed. Councilman DU~on re~Lt~d~d Hr. ~alsh that if 'the Council did grant his bui'ldinA pe!t a~d h'm'began construction before the Corps of ~-n$ineers study was completed~,,-he would be taking .? risk Chat the use would not-be alloyed Jaf:~er c0eplet'ion of the study, heVever, Councilman Clark expressed the.opinion that, according to Col. BlaCk's statements, there probably would not .be '~ problems in that area, CounCilman Thom asked what the liabilities .of the City would be in alloying construction on this project to proceed prior to completion of the proposed study,, Hr,. Dawson advised that a city does what it can to preserve and save lives of its, people and property., but has no legal liability in con~ction with the use of property by citizens; however, the State, through its Corporation Conznission and Real Estate Co~,nission, may require a flood hazard report. 70-.523 City Hall, Anahe.$m, Cal.ifornia- COUNCIL MINtFfES r October 6, 1970., 1:30 P.M, Inasmuch as zoning reclassification and a conditional use permit previously"had been granted for the mobile home park development in the Santa Aha CanyOn area (ReClassification No. 69-70-18 and Conditional Use Permit No. 1138), Councilman Pebley moved to issue the requested building permit to Ameri- can Mobilehome Com~m~ny for their recreational building, construction to pro- ceed at their own risk. Councilman Clark seconded the motion, To thtS Mo- tion Councilman Stephenson voted "No." MOTION CARRIED. Mr. Murdoch stated that American Mobilehome Compa~'.probably is further ahead in development plans for the Canyon area than 0~her developers, and also that there is some question as to whether a mobile home park requires a flood control clearance letter. Councilman Clark asked about other proposed developments that would be held up by a Council decision to await completion of the study by the Corps of Engineers. Mr. Roberts advised the Orange County Planning Co-w, ission recently had approved requests for R-S-5,000 single-family subdivision developments on the Kraemer and Liberio properties in the Canyon east of the aforementioned proposed mobile home park developments, subject to the developers obtaining a satisfactory flood hazard letter and completing necessary circulation links; the Orange County planning Co-w,i~Sion is holding up action on a request from American Mobilehome Company to develop a mobile home park on the Danker pro- perty east of M~eller Drive; and the Yorba property, west of the. Danker pro- perty, is being proposed for R-2-4,000 multiple-family residential zoning, and indications are aPplication probably will be made for a mobile home park development for that property. Mr. Roberts advised that a recent Local Agency Formation Co~aission decision approved for annexation by the City' of Anaheim the property north of the Santa Ana River in that area; however, necessary annexation action., zoning and subsequent building permit requests probabl~ could not be completed prior to completion of the Corps of Engineers flood hazard study. With regard to Other developments, Mr. Roberts advised the City Planning Co~ission bn October 5, 1970, did approve R-1 development of three tracts west of Lakevtew Avenue where it comes across the River, and, since there is now a Resolution of Intent on these tracts, development could be de- layed a month or two by Council decision to await the Corps of Engineers flood hazard study. Mayor Dutton invited Harry Rtnker, of Rinker Development Corporation, 10600 Katetla Avenue, to address the Council. Mr. Rtnker stated he could see no justification for holding up de- velopment for the Corps of Engineers study; that for years a 100 year flood control letter has been acceptable, and asked that developers' engineers be allowed to present their case if the Council is seriously considering holding up development for completion of the study. Assistant City Attorney John Dawson advised the City Planning Com- mission at one of their hearings on this subject invited engineers of devel- opers to present their arguments to the Co~aission, and received no response other than a request for continuance from Mr. Kraemer.. Mr. Rinker stated he believed any Orange County Flood control Dist- rict flood hazard letter 'would recite the December, 1969 decision of the Corps of Engineers, and it was his belief the Corps of Engineers should retract in writing that previous' decision since their verbal co-w,~nts ind~ea~ed.':o~her- wise. In reply to Councilman Thom, Mr. Dawson.advised that the City Plan- ning Co~ission at their October 5, 1970 meeting had made the decision to con- tinue to recommend iow density development in the Santa Ana Canyon area; how- ever, they may require a letter from the Flood Control District as to the ac- tual availability of the property as being usable. 70- 524 Cit? Hall... Anaheim,. Ca~if0rn~a - c,@DNClL, M~NI~ES -October~. 6, 1970, t: 30 P-M- Councilman Thom reminded the Council that the Orange County Flood COntrol District representative today had stated any flood hazard letter would be;issued:t~tin~the~rps of ~ngineers Ve~m~ber','1969,:decision'until such time as the Corps of Engineers issues a revised statement, and thus he believed the CounCil should proceed on development applications as it has been until the Corps of Engineers revised report is received. Councilman Stephenson reiterated his belief that construction should be delayed pending receipt of the revised report by the Corps of En.g~neers. On motion by Councilman Thom, seconded by Councilman Pebley, the City Council dgreed to continue to process building permits and zoning ap- plications as processed in the past. To this Hotton, Councilman Stephen- son voted ,No."' MOTION CARRIED. RECESS: Councilman Pebley moved for a lO-minute Recess. CoUncilman ThOm secon- ded the motion. MOTION CARRIED. (3:05 P.M.). ~ P~...cEss: Mayor Dutton called the meeting to order, all members of the City Council being present. (3;20 P.M.). ORDI.NANCE NO. 2861 -.QONDOMINIUMM~ Councilman Thom offered OrdinanCe No. 2861 as an Urgency ordinance for adoption. Said ordinance was read in full by the'Assistant City Attorney,. On invitation of Mayor Dutton, Dan Parttn, of Balboa Pacific De- velopment Company, addressed the Council. Mrs. Partin stated that R-3 pro- perty recently Purchased near the corner of Jefferson Street and Santa Aha Canyon Road, with precut lots and alley and street improvements in, on which his company had planned to develop condominium fOurplexes, could not meet offStreet parking requirementa under the proposed condominium ordin~ ance. Hr.. Ronald Thompson advised Hr. Partin that under the provisions of the new ordin~nce a conditional use permit is required and if he cannot · meet the of~street parking requirements he could request waiver of this~ provision in his application for a conditional use permit. Refer to Ordinance Book. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIHAMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE BY ADDING CERTAIN SECTIONS THERETO RE- LATING TO CONDOMINIUM DEVELOPI~NTS; DECLARING THE SAME TO BE AN INTERIM URGENCY ORDINANCE, Roll Call Vote: AYES: COUNClLM~N: Clark, Stephenson, Pebley, Thom and Dutton NOE'S:'COUNCILI~N~ None ABS~IT% COUNCILN~N: N~ne The Mayor declared Ordinance No. 2861 duly passed and adopted. RESOLUTION NO~ ?0R-4~3 - AWAR~ QFWOR~ ORDER NO. 600,~: In accordance with reco~aendations of the City Engineer, Councilman Pebley offered Resolution No. 70R-483-for adoption. Refer to Resolution Book. A RESOLUTION OFT HE CITY COUNCIL OF THE CITY OFANAHEIM 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 PERFORM' lNG ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE IMPROVEMENT OF LA PALMAAVENUE FROM APPROXIMATELY 184 FEET EAST OF MAYFAIR AVENUE TO EUCLID STREET, IN TRE CITY OF ANAHEIM, WORK ORDRR NO. 600-B. (R.J, Noble Company - $21,249.75). 70-525 City Hall, Anaheim, California - COUNCIL I~.~ES - October 6, 1970, 1:30 P.M. Roll Call Vote~ AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSEIT~: COUNCILMEN~ None The Mayor declared Resolution No. 70R-483 duly pas'sed and adopted. RESOLUTION NO. 70R-484 - WORK ORDER NO. 559: Councilman Dutton offered Resolution No. 70R-484 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT PUBLIC CONVENINNCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE ORANGEWOOD AVENUE STREET IMPROVEMENT, FROM APPROXIMATELY 135 FEET EAST OF SPINNAKER STREET TO SPIN- NAKER STREET., IN THE CITY OF ANAHEIM, WORK ORDER NO. 559. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AIY~HORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORD- ANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be Opened, October 29, 1970, 2:00 P.M.). Roll Call Vote: AYE S: COUNGILMEN: NOES~ COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-484 duly passed and adopted. RESOLUTION NO. 70R-485 - DEEDS OF EA.SE~ Councilman Pebley offered Resolution No. 70R-485 for adoption. Refer to Resolution Book, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN GRANT DEEDs AND ORDERING THEIR RECORDATION. (West Bay Financial Corp., A.H. Shipkey, Inc., Harold V. Tolar, Roger W. Pannier, Braille Institute of Amer- ica, Inc., Loyd P. Nichols (2 easements), Erwin A. Thomas, Jr., Louis B. Min- ter, W.R. Ward and Persis Ward and Texaoo, Inc., Orange County Flood Control District.) Roll Call Vote~ AYE S: COUNCILMEN~ NOES: COUNCILMEN~ ABSENT*., COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton Non_e None The Mayor declared Resolution No. 70R-485 duly passed and adopted. PURCHASE OF EqUIPI~I~..~ The City Manager reported on informal bids received for purchase of a Multi-Channel Magnetic Tape Recorder-Reproducing System, as follows: VENDQR TOTAL AMOUNT, ,INGLUDI~G TAX Magnasync/Moviola Corporation - $8,412.28 Stencil/Hoffman ............. 7,455.00 Dictaphone ...................... 7,644.00 Ed Dumon, Utilities Operation Superintendent,'reported the Magna- sync unit is the only unit with a fast research utilizing the digital time display in both the fast forward and rewind mode. Mr. Murdoch advised the difference in cost of time saved would be recovered within one to five years. On recommendation of the City Manager, Councilman Stephenson moved that the bid of Hagnasync/Movtola, in the amount of $8,412.28, including tax, 70=526 City: I~tll.;[. Anahe~[m.,. ,..Catffprr~fa -..'- .-COII~CIL ' ~I~N-OTEs - -~october ~6, -..1970, ~1 ~30 P.M.. be accepted and purchase authorized as the most qualified bed meeting City requirements. Councilman Thom seconded the motion..MOTION:CARRIED. CLAIMS..A~A~NST T~E qlT~ The following claims were denied, as recommended by the City Attorney, and ordered referred to the insurance carrier, on motion by Councilman Stephenson, seconded by Councilman Peble.y:~ a. Claim filed by Thomas A. Lavin, Attorney, on behalf of Wil- limn Whittaker, for purported personal injury and property damages pur- portedly Caused ~y collision with a City of Anaheim vehicle, on or about June 12, 1970. .- ~ .~ b. Claim filed by Robert A. Knox, Attorney, on behalf of Lee We~nberger,~for purport'ed persona~ injury damages caUsed by fa~ltng from cU~b'to street,'on or'aboUt June.~3, 'i970~ MiYrION CARRIED~ RESOLUT.,ION NO~.70R-~6~ CoUncilman StephenSon offered ~eso!ution No. 70R-486 for adoptioh. Refer "to Resolution BoOk. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANS- PORTATION COMPANY, ~RANTING TO THE CITY THE RIGHT TO CONSTRUCT AND OPER- ATE A FIFTY-ONE INCH REINFORCED CONCRETE STORM DRAIN BENEATH THE TRACKS AND PROPERTY OF SAID COMPANY AT OR NEAR SOUTH ANAHEIM, CROSSING THE CENTER LINE OF SAID TRACKS AT MILE POST BM-512.41-X. (Cerritos Avenue.) Roll Call Votee AYE S: COUNC ILI~N: NOES~ COUNC ILI~Nt ABSENT~ COUNC, ILMENi Clark, Stephenson, Pebley, ~nom and Dutton None None . The NaY0r declared Resolution No. '70R-486 .dUly passed and adopted. RESOLUTION NO~, 70R-A87; Gouncilman Stephenson Offered Resolution No. 70R-~87 for Refer to Resolution Book. A R~.SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING TH~ EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANS- PORTATION COMPANY,' GRANTING TO THE CITY .THE RIGHT TO CONSTRUCT AND OPER- ATE A SEVENTY-FI~ INCH REINFORCED CONCRETE,'STORM I~AIN BENEATH THE TRACKS AND PROPERTY OF SAID COMPANY AT OR NEAR SOUTH ANAHEIM, CROSSING THE CENTER LINE OF SAID TRACKS"AT. ENGINEER STATION 1259+90, MILE POST BH- 512,20. (Lewis Street) Roll Call Vote: AYES: COUNCIL~I Clark, Stephenson, Pebley, Thom and Dutton NOES~ .COUNCIL~N~ None ABSgNT~ COUNCIL.~N~ None The Mayor declared Resolution No. 70R-487 duly passed and adopted. ~ORR~sPo~E~CE: The following correspondence was ordered received and filed, on mOtion by Councilman Clark,.seConded by Councilman Dutton: a. .City of Huntington Beach - Resolution No. 3219 - Requesting 'the CoUnty of Orange to expedite the development of regional motor parks on an emergency basis if need be. MOTION CARRIED. 70-527 City flail, An,ahei~, CalifOrnia - CODN6IL HI~_S - October 6, 1970, lt30 P,M, ORDINANCE ~.. 2~0~ Councilman Button offered Ordinance No. 2860 for adoption. Refer to Ordinanoe Book, AN ORDINANCE OF T~E CITY OF .ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM~3NICIPAL CODE RELATING.TO ZONII~ Roll Call Vot~ AYES: COUNCILMEN: NOES: COUNC ILMEN~, ABSENT: COUI~ILI~N-~ Clark, St~phenson, Pebley, Thom and Dutton None. None The Mayor dec}ared Ordinance No. 2860 duly passed and adopted, ORDINANCE NO. Z$6Z: Oouncilman PebIeY offered Ordinance No. 2862 for first read- ing. AN ORDINANCE OF T~E CITY OF ANAHEIM A~NDING TITLE 18 OF THE ANAHEIM MUNICI~AL CODE RELATING TO ZONING, (69-70-32 - M-I) REVENUE SOURCES - UTILITIES TAX,.ADM~SSlQN~ TAX: The City Manager reference reports by the Finance Director on possible additional sources of revenue from a Utili- ties Tax or .an Admissions Tax, and advised that a 5% tax on all utilities could produc~ approximately $2,000,000.00 in revenues per year, With regard to an admissions tax, Mr. Murdoch advised that, if such a tax is adopted, i~ is recoawaended it apply wherever an admission fee is charged, inctudin~ a cover oh~e but ~luding a minimum charge on as broad a base as legall~ possible, and the tax rate be set as follows: TAX RA~E $1,00 or less ..... - ........ ~ - $0o10 $1.01 to $2100 .... ' ............ $0.,15 $2,01 to-$3.00 ~ .... - - ~ $0,20 $3.01 Or more - - - - ....... $0,25 Mr, Mardoch advise~d such an admissions tax rate could yield about $3,000,000.00 annually in revenue~ In answer to Councilman Stephenson, Mr. Murdoch stated thatone or the other of ~h~s~ proposed ta~es would meet capital outla~ requirements for at least a year or so. Councilman Button rgquest'ed a study of khe economiC'ramtf~cations of each of these taxes. Mr. Fmrdoch advised that a letter dated October 2, 1970, from Jack Lindquist, of Dfsneyland, in opposition to an admissions tax., should be made a part of the record, In reply to Councflman)i~t~on's request for a report on how money received from the se~arat;e tax proposals would be used, Mr, Murdoch advised that previous' discussion had indicated revenues would be used for capital outlay requirements. Mr. Murdoch further advised that if an additional source of revenue is to be adopted, affected .businesses should be given sufficient time to make the necessary arrangements. Ted Bowsfield, O~er~tions Director of the California Angels, advised they would require a notice of six months before opening game to allow for printing of tickeW~s, etc., if an admissions tax were to be adopted. 70- 528 Ci~¥.:Hall, AnahetmT...Ca!ifornia ~-~.~LNii~JTE$ - inanswer to Couicilman'Pebiey,~Mr'.'Hu~ddCh advised introduced in the past few legislative sessions on.proposed taxes were so structured that there would be no loss to ci6~es'that;ha~ previously enacted a similar tax. Councilman ~utton ex~resse~ the opiniOn'that any proposed tax should affect all'citizens. Mr. Murdoch advised that the proposed utilities tax would af- fect every resident 'in Anaheim, and reminded~h~'Counctl that representa- tives from Disneyland and the CalifordIa Angels'at a'previOus meeting had indicated agreement with a utilities 't~. " -'Wi~h regard 'to infor~ation economic effects Of the two proposed tax systems, Mr. Murdoch advised they could only express opinions and make compartsons:~f what:has happened. - Councilman Stephenson indicated he would be reluctant to impose an 'addi'tionai tax on visitors to the City; Councilman Pebley stated he believed..Disneyland and the Caltfor- -nia 'Angels Would-prefer a utilities tax.':because it-woUld not .hurt a~ten-- dance, ~nd--added that: Comme'rcial and-induStrial 0rga~ii~'ations coul'd such a tax as a'deduc~ible expense item. C~unci.lman Thom left the Council Chambers, (4:30 P.M.). By'general'-Council consent, Public discUs-sion ~and-poSsibie~ ac- ' tion 'o~-a p~op0Sed addition'al~'source of~reVend~ was d~'fe~red"to November ~ouncilman Thom returned to the Council- Chambers,.:,(4:32 P.M.). SALARIES - POLICE PERSONNEL: Roy Hei'ssner, personnel'Director, 'reported an understanding has been reached between the ~ity negotiating team and the Police Association 'for a three-'year program of 6% salary in~eases per year for sworn personnel, and 7-1/2% and 7% for ihe miscellaneous Police Department employees Over a two-year period. Mr. Heissner further advised that-this 'would include amendments to the retirement system providing for 2% of salaries for each year of service, an earlier 'retireme~i~"f~m'age 55 to ~0 for uniformed employees, and one-half continuanCe at' r~tirement. (CHP'Retirament Bili.) Miscel- laneous employees would also be provided with the one-half cOntinuance. The effective date of the retirement change is July 1~ 1971. Also incldded is the long term disability program providing for an increase in the rate structure for medical insurance coverage for the :~ext three years. The"cost tO"th'e em~Ioye~s to remain the same as it has been:Since 1962. ' ~ Mr. Heissner, in sum~rizing the.proposal, reported that the 'costs 'Will average" app~0xtmatelY'10-.7% per year oVer thenext three years . :' for thesworn; personnel, and 9.5% fOr themiScellaneous ~mployees of the ,,-'poliCe. Department.. . . . ~., . RESOLUTION NO. 70R-488: Councilman Stephenson offered Resolution No. 70R- 488 for adoption. ~' Refer to Resolution Book. ~ A RESOLUTION OF ~ CITY COUNCIL.' bF TttE' CITY OF ANAHEIM AMENDING AND ES- TA]~L!saZ~I~ '~T~.S O~ cO~I~ENSA~ZON i~oa V~d~OOs j03'~ CIASszs,:' tad SUPZRSsD~NG PORTIO~$"0F 'RESOLUTION NO.' 69R;600 'AND AI~NDt/EI~$ THERE.. (Police' Depart- ment, Non-sworn Personnel.) Roll Call Vote: 70-529 City Hall, Anaheim,. California - COUNCIL MINUTES - October 6, 1970, 1130 P.M. AYES: COUNCILMEN.: Clark, Stephenson, Pebley, Thom and Dutton -- NOEs~ COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 70R-488 duly passed and adopted.i. RESOLUTION NO. 70R-4~9: Councilman Stephenson offered Resolution No. 70R-489 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTAB- LISHING RATES OF COMPENSATION FOR VARIOUS JOB CLASSES, AND SUPERSEDING POR- TIONS OF RESOLUTION NO, 69R-600 AND AMENDMENTS THERETO. (Police Department - Sworn Personnel.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R-489 duly passed and adopted. RESOLUTION NO. 70R-490: Councilman Stephenson offered Resolution No. 70R-490 for adoption. Refer to Resolution Book. A R~$OLUTION OF THE CITY COUNCIL OF T~HE CITY OF ANAHEIM AMENDING RESOLUTION ~0. 63R-910 AND SUPERSEDING RESOLUTION NO. 70R-178, AMENDING PERSONNEL RULE NO. 6 - PREMIUM PAY, Roll Call Vote: AYES: COUNCILMEN~ NOES: COUNCILMEN: ABSENT: ' COUNCILMEN~ Clark, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 70R'490 duly passed and adopted. NEGOTIATIONS - FIREMEN!S PROTECTIVE ASSOCIATION; The City Manager reported that the Firemen's Prote~ive Association had requested a meeting with him to fur- ther discuss matters previously discussed with the negotiating team repre- senting the City Manager and City Council and advised that, inasmuch as there has been no formal acceptance or rejection by the Firemen's Protective Asso- ciation of the final offer by the City, according to the articles under which these negotiations are carried on, it was not possible for the City Manager to meet with them until such time as a formal notice has'been received. At the invitation of Councilmen Thom and Clark, Jan Hagan, repre- senting the Firemen's Protective Asso~tation, addressed the Council. Mr. Hagan advised the Firemen's Protective ~Ss°ciation believes discussion with the negotiating team~as been unsatisfactory and they would like to confer with the City Manager and the City{~ouncil. Mayor Dutton reminded Mr. Hagan that negotiations should be conduc- ted through proper channels. Mr. Hagan said they have been unable to get the negotiating team to discuss comparison of salaries of Anaheim Firemen with other cities and it was felt Anaheim is behind in its formula in that instead of being the 8th highest salaries as would be indicated by the size of Anaheim, in real- ity the wage scale reduces them to 18th or 20th in the State. 70- 530 City _Hall_, .Anaheim, California - COL~I¢IL MINUTE~ - Oc. tober.6, 1970, 1:30 P.M.. In .answer to Councilman Stephenson, M~, Hagan stated the cities with higher salaries do not have the CHP Retirement Plan, an4 added that in order to be in ith position in the State, the Police Department would have had to have increases of 8-1/2%; however, they chose the lower salary in order to receive the additional retirement benefits. Mr. Hagan advised he was not prepared at this time for detailed discussion'with the Coubcii, and requested an opportunity to present t-heir arguments at a later date., Councilman Thom indicated he Wbuld'~e willing to listen further; Councilman Dutton stated he could not agree to a discussion until the Fire- men's Protective Association had'fulfilled its obligatio~s under the rules of negotiation. The City Manager advised that a final offer had been made to the Firemen's Protective Association and, unless the City Council wishes to withdraw that offer, the next move is up to the'AssoCiation to either ac- cept or reject the offer before either he or the Council can meet with them. Councilman Clark advised that~ although he would agree to a meet- ing with the Firemen's Protective Association, the 'rUles of negotiation with an employee association must be. abided by. Bill Horan, Anaheim Fire Department, enumerated the offers made by the Anaheim Fire Department in an effort to reach an' agreement and: asked if the Council had been made aware of these offers. Mayor Dutton assured Mr. Horan the Offers'had been relayed to the Council and reminded him that,~ even though the Coumctl invited them out of fhe audience to address the Council, they could'not legally dis- cuss negotiations until there had'been either a formal acceptance or re- jection of th~ City's final offer. __ANA~.~IM ~/NICIPAL. EMPLOYEE.~..ASSOC!ATION - I~GOTIATIONS: The. City Manager re- ported that the AnaheimMunicipal Employees Association had formally re- jected the final offer' of the City as presented to them by the negotiating team, and had requested an opportunity to address the Councti. Jake Petrosino, Chairman of the A.M.E..A. Negotiating Committee, advised the'final offer of the Ci.t~ had been rejected by A.M.E.A. members by a vote of 108 to 3, and presented their requests, Mr. PetrosinO presented a data sheet on.linemen's salaries. Mr. MurdOch'remindedltr. PetrOstno the A,M.E;A. did not represent the linemen and therefore, such data might be inappropriate. Mr~ Petrosino presented their demands for a one-year contract of a 7-1/2% tncreaSe,.frinie benefits as offered by the City, and, addi- tionally, no change'to be made in the Parks and ReCreation Uniform policy. With regard to the PErks and Recreation uniform policy, Mr. Pet- rosino Stated that at their first negotiating meeting the City indicated an intention to change the present uniform policy for Parks and Recreation maintenance emplOyees, wherein, uniforms are furnished and laundered by the City, to the policy of the City providing the uniforms~ and the employees laundering them. Mr. Petrosino said it was felt laundering these uniforms, in ad- dition to putting another burden on the family, could present a hazard to the families of the employees because the uniforms are worn when pesticides and herbicides are being used, Councilman Clark suggested a laundry allowance could be given to employees so their uniforms could be washed a~ a commercial laundry, rather than at home. 70-531 City Hall, A~ahgim, California -.G0~C.IL ~gS - October 6, 1970, 1~30 P~M. In reply to Councilman PeBley's statement that a member of the Parks and Recreation Department had been present at the City Council meeting when the uniform policy was discussed and had indicated the change was desired by the employees, Mr~ Petrosino advised he had a petition from the employees ob- jecting to the change, Mr, Murdoch stated it is questionable whether the uniform policy is a negotiable item under the ~ of understanding with employee organiza- tions; however, it has been treated as such. It is the City's opinion that it has a right to determine whether a uniform should be furnished at all, and if so, how it will be furnished. Mr. Petrosino said their f~nal proposal was for a one-year contract for a 7-1/2% ~a~ary increase plus fringe benefits; however, if the Council desires to continue discussion on a two, year basis, they would resubmit their proposal of October 1, 1970~ Hr. Petrosino stated he 'had been unable to get the City negotiating team to discuss their request that the Personnel Department be responsibl~ for notifying the A.M.E.A. when lay~offs of personnel occur~ Mr. Murdoch ad- vised that the negotiating team could not discuss this item since the proced- ure for notifying the Association on lay-offs is not a negotiable item at this time; if there has been an error in that the A.M.E.A. has not been no- t~fied of lay-o~fs, this will be rectified, but the procedure on notification '-~ a management prerogative, ...P,E$OL~.ION NO. 70R-49%.: On recommendation of the City Manager, Councilman Dutton offered Resolution No. 70R-491 for adoption, Refer to Resolution Book~ A RESOLUTION OF THE CITY COIINCIL OF THE: CITY" OF ANAHEIM APPROVI~ THE TERMS AND CONDITIONS OF A LICENSE P~RMITTING THE CITY OF ANAHEIM TO U~E THE NAVAL AiI~.~,~TION AT LOS ALANiTOS, (L~LIFORNIA FOR A PERIOD OF APPROXIMATELY FOUR cr 'o ~oll Call Vote~ AYES~* COUNCIL~N~ NOES~ COUNCILMEN... ABSENT ~ COUNC ILN~Nt Clark, Stephenson, Pebley, Thom and Dutton 'None None ~Nayor -declared Resolution No. 70R-491 duly passed and adopted. ADJOb~ CounCilman Pe~tey moved to adjourn to 9:00 A.M.., Wednesday, October 7, 1970~ Councilman Stephenson seconded the motion. MOTION CARRIED.. ADJOURNED: 6:15 \ City Clerk