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1972/09/05City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Reverend Arthur Harrington of the Trinity United Methodist 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 unanimously approved and signed by the City Council: Leukemia Week September 10 to 15, 1972. Punt, Pass and Kick Day September 30, 1972. INTRODUCTION OF NEW EMPLOYEES: Frank Campagnoni, of the City Personnel Department, introduced new employees attending the Council meeting as a part of the City's orientation program. Mayor Dutton welcomed the new employees. SAFETY AWARDS: Mayor Dutton presented awards, as Mr. Tom Tyre of the City Personnel Department announced the winners of the annual City wide safety contest. Reduction of disabling injuries were awarded as follows: Fire Department 16% reduction Award accepted by Bobby Phillips, Battalion Chief. Golf Course 50% reduction Award accepted by Lloyd Trapp. City Garage Mechanical Maintenance 80% reduction Award accepted by Toby Briggs. Departments or divisions working a perfect year for an entire year without a disabling injury were as follows: Personnel Department Award accepted by Garry McRae. Utilities Operation Award accepted by Bill Newman. Development Services Department Award accepted by Ronald Thompson Finance Department Award accepted by Mike Ringer. Recreation Division Award accepted by Lloyd Trapp. Mr. Paul McLellan of the State Compensation Insurance Fund, addressed the Council advising that from the awards made, it was apparent that the City of Anaheim is stressing safety among the employees. He thereupon announced the sweepstake perpetual trophy awarded to the department making the greatest effort towards safety, has been won by the Convention Center. The sweepstake trophy was accepted by Mr. Bill Turner, Chairman of the Convention Center Safety Committee. MINUTES: Minutes of the Anaheim City Council Regular Meeting held August 15, 1972, were approved on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. 72 -563 72 -564 City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. 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 such title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED, REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $502, 206.76, in accordance with the 1972 -73 Budget, were approved. PUBLIC HEARING PROPOSED ANAHEIM HILLS MAINTENANCE DISTRICT EIUESTRIAN TRAILS: Pursuant to Resolution No. 72R -328 and notice of proposed formation of the Anaheim Hills Maintenance District, duly published in the Anaheim Bulletin, August 24 and 30, 1972, and notices posted along all open streets within the proposed district, public hearing was held. Mr. James Barisic, Vice President of Anaheim Hills, Inc., 380 Anaheim Hills Road, noted Mr. Brown, their attorney was present to answer any question the Council might have and to explain further details, should the Council desire. Mr. Charles Roberts briefed the Development Service Department Planning Division report dated July 25, 1972, presented to the City Council at their meeting held August 1, 1972. In reviewing the report, Mr. Roberts advised that the proposed trails would be constructed by the Anaheim Hills Corporation and then dedicated to and maintained by the City with funds obtained from the imposition of a special tax on the district. Maintenance cost was estimated to be from $750.00 to $1,000.00 per mile per year or 65 cents per dwelling unit per year. Total district would comprise approximately 940 acres; deducting the City golf course property, the district's net acreage would be approximately 720 acres. Mr. Roberts noted the first portion of the trails to be constructed was approximately 1200 feet long, along the Metropolitan Water District right of way from Serrano Avenue south to the City boundary and in their opinion offered minimal off street riding opportunity. He further reported that they have learned that neither the County of Orange nor the City of Orange have received a request from Anaheim Hills for a similar maintenance district. Mr. Roberts again reported the staff was not clear as to the details of the proposed construction nor what the responsibility of the City would be such as signing, fencing, landscaping and modification of traffic signals where trails crossed arterial streets. Mr. Roberts thereupon read the former recommendation "that the City Council may consider this item of adequate significance to require more complete and comprehensive study by staff in addition to action by the City Planning Commission". In answer to Councilman Pebley's question concerning the possbile increase in maintenance cost over the estimated 65 cents per lot, Mr. Geisler advised that the tax rate for the district would be established by the Council annually and the amount assessed would be actual cost. Councilman Thom questioned how the district could be reserved for only those residing within the district. Mr. Geisler replied that the use could not be so restricted, that the trails will be public property available to anyone similar to City parks. He further noted that the trails could be established privately, however, if established privately they probably would not be main- tained. 72 -565 City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. Noting there have been no plans to tie the proposed trails into a design encompassing County or City of Orange property, Mr. Thompson advised that in his opinion, Anaheim Hills was seeking Council approval of the concept and if approved the design of the trails and the system should also be subject to approval of the City Council and approval of the legal agreement by the City Attorney. Mr. Geisler stated that the acceptance of the trails and easements would be at the discretion of the City Council and probably be a part of a subdivision tract map, the Council could then impose whatever conditions they desire. He further advised that creating the district was not accepting any of the trails at this time,with the exception of the approximate 1200 feet noted on the map as proposed for the first segment which would be a part of this action. As to projected cost, Mr. Geisler reported that generally an admin- istrative overhead percentage is added to the actual cost of maintenance, however, the City could if they wished, absorb the administrative cost or any other portion of the cost as a general City function. 1 Briefly discu sed was the subject of liability and Mr. Geisler reported the City woullliable and that this would be covered by an insurance policy at an additional cost and added expense to the district. Councilman Thom felt reluctant to establish a district when at the present time there were no residents in the proposed district to either approve or object. He noted possible objections when a purchaser of a home in the district discovered the assessment. In answer to Councilman Thom, Mr. Barisic stated none of the land within the proposed district was under the Williamson Act. Mayor Dutton asked if anyone wished to address the Council, there being no response declared the hearing closed. Further discussion was held by the City Council and a suggestion was made to wait until the trails were constructed. Mr. Geisler advised that the Anaheim Hills Corporation did not want to construct the trails if they are to to maintained privately, as it would be too big a problem, and if they are to to maintained publicly, a district is required and the decision must be reached before the trails are established. He further reported that the maintenance can be disolved and the easements for the trails abandoned, however, care should be exercised that the easements as accepted, do constitute a part of someone's lot, so if abandoned would revert and become a part of someone elses property. Councilman Sneegas asked if would be notification to the prospective purchaser in the agreement of sale, that they would be obligating themselves to the expense of this district. Mr. Geisler replied that the City Council could make this a basic requirement of the developer to so advise through their literature that they as property owners will be financing the Equestrian Trails throughout the district. He noted as a special district,it would be included and listed by the Real Estate Commission. Mayor Dutton agreed it would be well to specifically note the obliga- tion to home buyers, as many pay taxes through impound accounts. Mr. Barisic concurred with the Council's intention. Councilman Sneegas asked if all the property under consideration was under the control and ownership of the Grant Corporation, to which he received an affirmative reply. 72 -566 City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. At the conclusion of the discussion, on motion by Councilman Stephenson, seconded by Councilman Dutton, it was the finding of the City Council that no protests were filed or heard on the proposed formation of the Anaheim Hills Maintenance District, and preparation of necessary resolution forming said district was authorized, subject to the special requirement that all prospective purchasers be advised of the district and their financial obligation thereto. MOTION CARRIED ORDINANCE NO. 3081: Councilman Stephenson offered Ordinance No. 3081 for first reading, substituting Section 18.26.050 (3) clarifying coverage and open space requirement as they pertain to the RS -5000 one family zone. AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING SECTION 18.26.050 (3) OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING AND ADDING A NEW SECTION 18.26.050 (3) IN ITS PLACE. RESOLUTION NO. 72R -386 AWARD OF WORK ORDER NO. 802: In accordance with recommen- dations of the City Engineer, Councilman Pebley offered Resolution No. 72R -386 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE CONVENTION CENTER ACCESS ROAD FROM APPROXIMATELY 663 FEET EAST OF TO WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 802. (R. J. Noble Company $19,730.10) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -386 duly passed and adopted. RESOLUTION NO. 72R -387 WORK ORDER NO. 621 929 -01, HUD CAL -OSC 480 (G): Councilman Thom offered Resolution No. 72R -387 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: LITTLE PEOPLE'S PARK CONCRETE MASONRY WALL, CORNER OF ELM AND CLEMENTINE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 621 929 -01 HUD ijfr CAL OSC 480 (G). APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC,; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened September 21, 1972, 2 :00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -387 duly passed and adopted. RESOLUTION N0, 72R -388 WORK ORDER NO. 1511: Councilman Stephenson offered Res- olution No. 72R -388 for adoption. Refer to Resolution Book. City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. 72 -567 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 ANAHEIM HILLS GOLF COURSE PARKING LOT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1511. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCOR- DANCE 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 September 21, 1972, 2 :00 P.M.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -388 duly passed and adopted. RESOLUTION NO. 72R -389 DEEDS OF EASEMENT: Councilman Dutton offered Resolution No. 72R -389 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Whittle, Pralle Case Lantz Hardacre) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -389 duly passed and adopted. RESOLUTION NO. 72R -390: Councilman Dutton offered Resolution No. 72R -390 for adoption, authorizing the purchase of property (Hillman et al) located along the south side of Ball Road, west of Magnolia Avenue, subject to condition set forth in letter agreement dated August 17, 1972. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN OFFER FOR THE PURCHASE OF LAND FOR PUBLIC UTILITY PURPOSES (SUBSTATION BALL ROAD, WEST OF MAGNOLIA). ($73,000.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -390 duly passed and adopted. PURCHASE URD CABLE: The Manager reported on the following informal quotations received for the purchase of URD cable in various sizes and quantities and recommended the acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX General Electric Supply, Anaheim $35,489.48 Graybar Electric Co., Anaheim 36,393.00 Maydwell- Hartzell, Anaheim 36,435.00 Alcan Cable Co., Fullerton 37,603.75 Westinghouse Elect. Supply, Anaheim 39,154.50 On motion by Councilman Stephenson, seconded by Councilman Sneegas, purchase was authorized from the General Electric Supply in the amount of $35,489.48, including tax, as recommended. MOTION CARRIED. 72 -568 Cit Hall Anaheim California COUNCIL MINUTES September 5 1972 1 :30 P.M PURCHASE GREENS MOWER ANAHEIM HILLS GOLF COURSE: The following informal bids were reported upon by Mr. Murdoch for the purchase of one greens mower for use at the Anaheim Hills Golf Course: VENDOR B. Hayman Company, Santa Fe Springs Toro Pacific Distributing, Gardena TOTAL AMOUNT, INCLUDING TAX $2,869.39 3,307.50 On motion by Councilman Pebley, seconded by Councilman Stephenson, purchase was authorized from the low bidder, B. Hayman Company in the amount of $2,869.39, including tax, as recommended. To this motion, Councilman Thom vote "no MOTION CARRIED. CLAIM AGAINST THE CITY: Claim filed by William C. Woodard for purported damage to vehicle resulting from hitting a chuckhole in Lewis Street, was submitted, denied and ordered referred to the insurance carried as recommended by the City Attorney, on motion by Councilman Stephenson, seconded by Councilman Thom. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Thom, seconded by Councilman Pebley! a. Before the Public Utilities Commission, establishing the 1973 list of existing and proposed grade crossings. b. City of Buena Park Resolution No. 4706 Requesting re- evaluation and new hearing on State Water Resources Control Board standards. c. City of Newport Beach Resolution No. 7786 Promoting the well- being of the handicapped. d. City of Tustin Resolution No. 72 -55 Opposing the proposed air- port in Chino Hills. e. Financial and Operating Reports for the month of July, 1972 Electrical Division Utilities Department. MOTION CARRIED. ORDINANCE NO. 3080: Councilman Thom offered Ordinance No. 3080 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 -37 R -3) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3080 duly passed and adopted. ORDINANCE NO. 3082: Councilman Stephenson offered Ordinance No. 3082 for first reading: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70 -71 -56 R -3) CONDITIONAL USE PERMIT N0, 658: The City Clerk reported that Conditional Use Permit No. 658 was scheduled on the agenda this date in error. That according to action taken by the City Council at their meeting of August 15, 1972, 30 days was given to fullfill conditions established and required by Resolution No. 71R -335; the Council meeting closest to the 30 days being September 12, 1972. Mayor Dutton reported that he and Councilman Stephenson checked subject property last Friday (September 1, 1972) and apparently nothing had been done. Mr. Roberts advised that the site was checked this morning and the minister of the church contacted, who indicated that they intend to commence 72 -569 City Hall, Anaheim, California COUNCIL MINUTES September 5, 1972, 1 :30 P.M. work on the driveway the latter of the week, however, he did not have a com- pletion day. He stated that the landscaping along the east property line was under the jurisdiction of Mr. Brooks. Mr. Roberts further reported he was unable to contact Mr. Brooks, but they did note some pine trees in buckets which they apparently intend to plant. Mr. Roberts reported that the minister advised the church school will begin on Monday, September 11, 1972. Mayor Dutton felt the proponents for the conditional use permit should be made aware of the fact that at the meeting of September 12, 1972, the Council in all probability will schedule Conditional Use Permit No. 658 for public hearing and possible revocation unless the conditions established granting the permit are met. GREEN FEES ANAHEIM HILLS GOLF COURSE: The City Attorney was requested to prepare a resolution establishing green fees for the Anaheim Hills Golf Course to be considered by the City Council, September 12, 1972. FLOOD PLAIN MUD SLIDE REPORT: By general Council consent, report was ordered to be scheduled for the City Council, October 10, 1972. CROSSWALK SAFETY LIGHTING: Councilman Sneegas requested the Traffic Engineer to investigate and report the cost, type and feasibility of installing safety lighting near public school crosswalks, the high school locations especially. PERMISSION TO LEAVE THE STATE: On motion by Councilman Pebley, seconded by Councilman Sneegas, Councilman Stephenson was granted permission to leave the state for 90 days commencing September 14, 1972. MOTION CARRIED. FINANCIAL REPORT ANAHEIM STADIUM AND CONVENTION CENTER FISCAL YEAR 1971 -72: Councilman Thom referred to said financial report and felt it would be more lucid to the taxpayer if footnotes were made to clarify the following: a. Pertaining to the Convention Center where $994,433.00 excess revenue over expenses is shown, note the fact that other demands are made on this approximately $1,000,000.00, such as the amount of the principle payment on the bonds and the amount of the City's financial participation in the Visitor and Convention Bureau operations. b. Pertaining to the Anaheim Stadium operation, the amount of the principle payments should also be noted as a footnote. c. Under bond services, show both the interest payment and the principle payment. d. In noting the 24.8 percent increase in room occupancy tax revenue, it should be noted that the percentage of the tax itself was increased by one percent which accounted for 20 percent of the return. RELINQUISHMENT OF STATE FREEWAYS: Mayor Dutton requested clarification of an article appearing in the newspapers concerning State relinquishment to the cities of the freeways. Mr, Murdoch advised that the article referred to a statewide com- mittee to develope appropriate nomenclature for the various types of highways to comply with the requirement of the Federal Highway System Act. He stated that the report changed the classifications previously used by the State Division of Highways of various type streets and to take them off of the state system was erroneous reporting. He further explained that the committee's responsibility was to classify the various streets and roads throughout the state, in appropriate categories so that they would be recognized in having a type of relative importance to the local situation and on a statewide regional basis and Federal basis. Reclassification could result in removal of some streets and highways from the state system if they do not meet the requirements of the Federal Acts for Federal or State funding. He gave as an example the possibility of Anaheim Boulevard being removed from the State system when the Orange Freeway is completed, which would be based on the fact that the nature of Anaheim Boulevard will be changed as far as regional and statewide signif- icance if concerned. 72 -570 City Hall, Anaheim, California COUNCIL MINUTES September 5 1972, 1 :30 P.M. ANAHEIM HILLS NORTHRIDGE N0. 7 GRADING: Mr. Maddox reported that Anaheim Hills was anxious to commence the grading of Northridge No. 7 prior to the rains; that plans have been checked by their office and returned for modification and revision. He stated Anaheim Hills has submitted an indemnity agreement and certificate of insurance naming the City as an additional insured in the amount of $1,000 Mr. Barisic advised that the grading duration is estimated to be four months and that two weeks can mean the difference of going ahead or not. He stated that they recognized that the problem downstream ultimately must be resolved to the City's satisfaction, however, during the course of construction, interim drain devices will be created so that they will not be discharging water on private properties downstream. Mr. Maddox reported that the location of discharge in all cases was identical to what there was previously and that the amount of water in cubic feet per second arriving at those points are very near what would arrive there at its natural state. At the conclusion of the discussion, Councilman Stephenson moved that the City Engineer be authorized to proceed in connection with permit for grading Northridge No. 7. Councilman Sneegas seconded the motion. To this motion Councilman Thom voted "no" on the basis of setting a precedent. MOTION CARRIED° RECESS EXECUTIVE SESSION: At the request of Mr. Murdoch, Councilman Pebley moved to recess to executive session. Councilman Sneegas seconded the motion. MOTION CARRIED° (3 :10 P.M0) ADJOURNMENT: At the conclusion of executive session and upon return of all Councilmen to the Council Chambers, Councilman Pebley moved to adjourn to Thursday, September 7, 1972 at 1:00 P.M and also moved waiver of further notice of said adjournment. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:45 P.M. Signed sc, City Clerk A,%* Amended by Minute Action of the City Council, September 19, 1972, pg. 72 -594