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1975/09/0275-797 City Hal]~ Anaheim, California - COUNCIL MINUTES - September 2z 1.975~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas. and Thom ABSENT: COUNCIL MEMBERS' Pebley PRESENT: INTERIM ASSISTANT CITY MANAGER: William Griffith CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR - PLANNING: Don McDaniel ZONING SUPERVISOR: Annika Santalahti UTILITIES DIRECTOR: Gordon Hoyt WATER SUPERINTENDENT' Larry Sears PARKS, RECREATION AND THE ARTS DIRECTOR: John Collier RECREATION SUPERINTENDENT' Lloyd Trapp FIRE CHIEF: James Riley MANPOWER PLANNER' William Hepburn Mayor Thom called the meeting to order and welcomed members of the audience in attendance. INVOCA%iON: Reverend Ragon Flannery of the First Christian Church gave the ~nvocation. FLAG SALUTE: Councilman Seymour led the assembly in the Pledge of Allegiance to the Flag. PROCLAb~TION: The following proclamation was issued by Mayor Thom and unanimously approved by the City Council: "Leukemia Week ~n Anaheim" -- September 7-13, 1975. RESOLUTION OF APPRECIATION: Resolution of Appreciation was offered by Mayor Thom commending and congratulating Hr. Peter J. Remmel for his exemplary service to Orange County and endorsing the action of the Orange County Labor Coalition on naming Mr. Remmel as its '~Labor Man of the Year 1975'~. Said resolution was unanimously approved by the City Council. i975 SAFETY AWARDS: Mayor Thom issued plaques in recognition of Safety Awards, a~ follows: ~2~J~_~Maintenance Division: Representing 100 employees who worked 178,000 hours and reduced their disabling injuries by 33%. Water Division' Representing 84 employees who worked 150,000 hours and r~duced their disabling injuries by 50%. ~jf~O~__~pa~tment: Representing 212 employees who worked 562 hours and reduced thei~ d~sabling injuries by 36%. General Administration: Comprised of the City Manager's Office, City Attorney's Office and City Clerk's Office, representing 126 employees who worked 191,000 hours and for the second consecutive year had no disabling injuries. Development Services Department(Planning .Department): Representing 70 employees who, worked 110,000 hours with no disabling'injuries. Utilities Operations - Sweepstakes Award: Perpetual trophies for the 1975 Sweepstakes Award was presented to the Utilities Operations Division representing 80 employees who for the sixth consecutive year, or 180,000 hours total, had no disabling injuries. MINUTES: Minutes of the Anaheim City Council Regular Meeting held July 15, 1975, were approved on motion by Councilwoman Kaywood, seconded by Councilman Sneegas. Councilman Pebley absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. Council- man Pebley absent. MOTION UNANIMOUSLY CARRIED, 75-798 C_ity Hall~ Anaheim~ California - COUNCIL MINUTES - September 2, 1975~ 1:30 P.M. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $404,154.36, in accordance with the 1975-76 Budget, were approved. REPORT ON STATUS OF FINANCIAL AND MANAGEMENT PRACTICES kUDIT AS OF AUGUST 3!~ 1975 - ARTHUR YOUNG & COMPANY: Mr. Jim LeSieur submitted a status report of the Financial and Management Practices Audit as of August 31, 1975, indicating that the results of the Management Review of tbe Police Department were presented to the City Council on August 12, 1975, with the Fire Department and Disaster Services Office Audit reviews following on August 19, 1975; that the results of the Management Audit of the City's golf courses have been completed and will be presented to the Steering Committee this week; that reports on the Mechanical Maintenance Division and the Library Department will be reviewed with the Steering Committee this month and subsequently the results presented to the City Council; that results of the Stadium and Convention Center Audit will be presented to the Council this month; and it is anticipated that an opinion on the City's 1974-75 Financial Statement will be delivered to the Council prior to September 30, 1975. (Report on file in the Office of the City Clerk) On motion by Councilman Thom, seconded by Councilman Seymour, the City Council accepted the status report as submitted. Councilman 'Pebley absent. MOTION CARRIED. ASSIGNMENT OF CETA VI POSITIONS - CITY DEPARTMENTS AND OUTSIDE AGENCIES: Pursuant to Resolution No. 75R-439 authorizing an agreement with the Orange County Man- power Commission, Manpower Planner William Hepburn referred to memorandum report and attachments dated August 27, 1975, advising that an additional 59 CETA positions can be filled. Attachment 1 listed the 40 positions requested by various outside agencies, and Attachment 2 listed the City Manager's Office recommended distribution of 19 positions to City Departments. Councilwoman Kaywood suggested that a breakdown of those positions to be assigned to the various City Departments be submitted, in order to determine what type of work these people will be doing. Councilman Sneegas moved that the recommended distribution of ]_9 CETA VI positions to City Departments, and 40 CETA VI positions to outside agencies, be approved, and staff instructed to furnish the City Council with a breakdown of the job descriptions and/or classifications involved. Councilman Thom seconded the motion. Councilman Pebley absent. MOTION CARRIED. RESOLUTION NO. 75R-464 - HOUSING REPAIR PROGRAM: On the recommendation of the Manpower Planner, Councilman Seymour offered Resolution No. 75R-464 for adoption, amending agreement with North Orange County Community College District to extend the Housing Repair Program through December 3]_, 1975, with no additional funds necessary. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDMENT TO AGREEMENT WITH NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT PROVIDING FOR AMENDMENT OF THE TERM THEREOF. Roil Call Vote: AYES' COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Resolution No. 75R-464 duly passed and adopted. RESOLUTION NO. 75R-465 - YOUTH DEVELOPMENT PROGRAM: Mr. Hepburn reported on a proposal to enter into an agreement with the Orange County Community Develop- ment Council, Inc., for a Youth Development Program to provide approximately 87 youths with part-time paid work experience, counseling and career education while attending school. 75-799 City H___a_l_l_L~naheim, California - COUNCIL MINUTES - SeptembeK_2, 1975, 1:30 P.M. In response to question by Councilwoman Kaywood, Mr. Hepburn advised that since these positions are subsidized jobs, CETA regulations prohibit placing individuals in private industry. RESOLUTION NO. 75R-465' Councilman Thom offered Resolution No. 75R-465 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY COF~MUNITY DEVELOPMENT COUNCIL, INC., RELATING TO A YOUTH DEVELOPMENT PROCRA~M. ($134,300.00; September 1, 1975 through June 30, 1976) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES' COUNCIL MEMBERS' None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Resolution No. 75R-465 duly passed and adopted, RESOLUTION NO. 75R-466 - NORTH ORANGE COUNTY ROP PRESCHOOL ASSISTANT PROGRAM: Mr. Hepburn recalled that the term of the Preschool Assistant Program has been extended to August 31, 1975 to allow an opportunity to determine what modifica- tions might be desired for the coming year. The recommended adjustment is to change the focus from a training activity to more of a public service program, to employ 4 individuals to staff the child care center under the CETA I Entitle- ment Program. The center will care for 39 children as in the past. In answer to question by Councilwoman Kaywood, Mr. Hepburn reported that the Regional Occupational Program presently operates 2 half-day programs in Anaheim, and it is hoped that these might be expanded. RESOLUTION NO. 75R-466: Councilwoman Kaywood offered Resolution No, 75R-466 for adoption, extending the program from September 1, 1975, through August 31, ]976, as recommended. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE NORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM RELATING TO A PRESCHOOL ASSISTANT PROGRAM. ($34,783.00) Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS- Pebley ihe Mayor declared Resolution No. 75R-466 duly passed and adopted. NORTH ORANGE COUNTY ROP PRESCHOOL ASSISTANT PROGRAM - PRESENTATION: Mrs. Jean Lanning, Coordinator of Training, Anaheim Preschool Assistant Program, presented the C~ty Council with a photo display of pictures taken of Council Members Kay-wood and Seymour during the ribbon cutting ceremony and grand opening of their facility. She stated that they were pleased with the program and with the cooperation received from the local school district. While attending a recent Southern California Regional Occupational Program meeting, Mrs. Lanning learned of many problems encountered by other individuals with their city council and school board members, and noted that none have been experienced in Anaheim. EXECUTIVE SESSION - SEPTEMBER 10~ 1975: On behalf of the Personnel Director, Interim Assistant City Manager William Griffith requested an Executive Session ~o consider personnel matters and City Council Members indicated that Wednesday, September 10, 1975, 3:00 P.M., would be most convenient. City H__a_!_i_z Anaheim, California - COUNCIL MINUTES - September 2, 1975, 1:30 P.M. RESOLUTION NO. 75R-467 - AGREEMENT TO EMPLOY CHARLES SCHULTE (PRODUCTION COORDINATOR): On report and recor~nendation of Recreate. on Suporintendent Lloyd Trapp~ Councilwoman- Kaywoc~d offered Resolution No. 75R-467 for adoption, 'authorizing an agreement for the ~-~mployment of Mr. Charles S~:.hult:e of ~3lymp:i¢- Productions, to act as Production Coord:inator for the C, ity'~ pr~du~:tion of "Rome~-~ and Juliet", in the amount of g;] ,85Q. 00, a budgeted item, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE FLAYOR AND THE CITY CLERK TO EXECIrTE AN AGREEMENT FOR THE EMPLOYMENT OF OLYMlalC PRO- I)UCTIONS AS A PRODUCTION AC~ENCY'' FOR THE CITY OF ANAHEIM. (Charles Schulte) Re, il Call Vote: AYES: COUNCIL MEMBERS* Kavwood, Seymour, Sneegas and Thom NOES' COUNCIL MEMBERS. None ABSENT: COUNCIL MEMBERS: Pebley Mayor declared Resolution No. 75R-467 duly passed and adopted. EXECUTIVE SESSION: The City Attorney requested an executive session for the purpose of considering a 1. itigation matter. RESOLUTION NO. 75R-468 - AGREEMENT TO EMPLOY ROSS DAVIS: Councilman Thom offered Resolution No. 75R-468 for adoption, authorizing the employment of Mr. Ross Davis to act as Host on behalf of the Parks, Recreation and the Arts Department to guest bands, for a fee of $20.00 each performance, a total of $80.00 for the season. Refer to Resolution Book. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR THE EMPLOYMENT OF ROSS DAVIS, AN INDIVIDUAL. Roll Call Vote: AYES: COUNCIL MEMBERS: Ka>~ood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebiey T~e Mayor declared Resolution No. 75R-467 duly passed and adopted. PROPOSED POLICY FOR ADMINISTRATIVE EXECUTION OF AGREEMENTS INVOLVING SUMS UNDER $500.00: Mayor Thom called attention to the expenses incurred in the prep- aratior~ of the above men~;i~ned agreement, the i>]acement thereof on the Council age. nda for consideration, subsequent action and paper work, all for an $80.00 contra,::t, and he suggested that these small contracts with professional people be handled administratively in t¼~.~, future wt~en a relatively small amount is involved, such as less than $500. C:ity Attorney Alan Watts advised that a City Ordinance provides that services by professionals be approved by the C~t:y Council, however, it would be possible to amend the ordinance. He pointed out that when the Budget is considered, these matters are included in the approw~l by the City Council after review by staff. He advised it would be possible to utilize a letter agreement form., for administrative ~xecution. i~.terim Assistant City Manager William Griffith expressed the opinion that sufficient control ex:[sts ii' a proa~sed contrac: is included in the City's Bud g e t . The staff was requested to prepare an amendment to the ordinance to effect a change in policy for the execution of small agreements under $500°00. RESOLUTION NO. 75R-469 - AMENDMENT TO WATER RATEm.RULES AND REGULATION FEES: Utilities Director Gordon Hoyt submitted a report dated August 20, 19'75, on recommended increases in water main extension, ~ervice connection and public 75-801 _City Ha~!_z_Anaheim, California - COUNCIL MINUTES - September. 2~ 1975~ 1:30 P.M. fire protection charges, and advised that the methods used in arriving at the re, commended increases were detailed therein. These proposed increases were large and represented changes which had taken place.since December of 1972. Councilwoman Kaywood called attention to the first page of Exhibit No. 1, where existing and proposed additional charges for installations outside the City limits were set out reflecting no increase. Mr. Hoyt stated that these were surcharges over and above the nQrmal costs to cover the City's cost for extending service outside the City limits. Councilman Seymour inquired how the proposed fees compared with those of other cities in the County. Mr. Hoyt referred to page 34, et.seq, of the report giving a comparison of water meter charges in several cities, and advised that for 5/8,inch by 3/4-inch, 1-inch, and 1-1/2-inch meters, Anaheim's charges would be the highest.; however, in the 2-inch meter, both Fullerton and Garden Grove would have higher charges. He reported that these proposals were based on the City's costs and applicable overhead apportionment. He noted the intent to make a separate study of equip- ment charges, as the staff is not completely satisfied; however, other agencies' rates have been reviewed, and he was of the opinion that the equipment charges used were generally appropriate. Responding to question by Councilman Seymour, Mr. Hoyt was of the opinion that although the City would be a leader in the higher rates, he assumed that others would follow the lead in a few months. He further advised that in past years, the City did not recover the full costs of the operation. The City is now required by Revenue Bond Covenant to not provide free services, and not discriminate unfairly against any particular class of service; therefore, the department attempts to establish charges to agree with the City's costs so that no money is gained nor lost. Councilman Seymour pointed out that one of the proposed new rates would be more than a 100% increase, and although he agreed with the principle, he was of the opinion that a slower-staged rate of increase would be better absorbed in order to ensure remaining competitive in this particular cost area. Mr. Hoyt suggested that comparisons be made with rates charged by the City of Orange since that City has the same type of terrain for development. Water Superintendent Larry Sears called attention to a reference contained in the series of charts included in the report, noting that the City of Santa Ana's iees as listed did not include the water meters as others do, which would increase their charges. In answer to question by Councilwoman Kaywood, Mr~ Hoyt stated that material and labor costs have risen substantially since present rates were established, however~ he did not have available the dates of the establishment of rates by other cities. He indicated that efforts would be made to propose necessary readjustments at more frequent intervals in the future. RESOLUTION NO. 75R-469: Councilman Thom expressed the opinion that the proposed increases in rates were justifiable, and ~he analogy between Anaheim and the City of Orange was valid. He offered Resolution No. 75R-469 for adoption, amending the water rates, rules and regulations as recommended. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING WATER MAIN EXTENSION, WATER SERVICE CONNECTION AND PUBLIC FIRE HYDRANT INSTALLATION CHARGES BY AMENDING THE WATER RATES, RULES AND REGULATIONS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433 AND 75R-315. (Effective September 15, 1975) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Sneegas and Thom NOES: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: Pebley The Mayor~declared Resolution No. 75R-469 duly passed and adopted. 75-802 C-i-t-Y fi-SJ-L.,-.:;~r-~-~.~-h-e--i-m, Caljf__°_r._nJ? _n _c_(_)_u_~_(:jl., MINUTES - Sept ember 2 RANCHO YORBA HOME OWNERS ASSO(;IAT[ON PROTEST - UTILITY POLES; The Rancho Yorba Home Owners Association protest to the installation of overhead utility power po]es and wires along Imperial[ !!ighway was continued from the Council meeting held AugtJst 19, 1975. Conanunication dated August 29, 1.975, from Mr~ .lack gr~)wn, Vice President, Rancho Y(,rba Home Owners Asso~iation, was submitted, requesting further con- tinuancc ~,f this issue to allow additional study and effort to resolve the prob] em. Mr. Ben Bay, 2148 West Grayson Avenue, read a letter from Mary Dinndorf, President. of the Santa Ana Canyon Improvement Association, Inc,, concurring with the position taken by the Rancho Yorba Home {3wners Association, requesting that the utilities on Imperial Highway be instal, led underground. Additional reasons given were that the intersection of Imperial Highway and Santa Ana Canyon Road is the main intersection in t'he hill and canyon area and should be upgraded and improved in order to enhance the scenic amenities and stress the unique features of the area; further, that the Orange County Scenic Highway Adv:isory Board has taken the position that these areas should have underground utilities. Santa Ana Canyon Road is considered a scenic highway, The letter made reference to minutes of the Anaheim City Council meeting held February 3, 1975, page 75-74, Variance No. 2672, reflecting a stipulation by Mr. Bernardo Yorba that they, a~ developers, would be willing to improve Imperial Highway if the City would install underground utilities, Further, plans; were currently under way to initiate a Canyon Coordinating Council com- prised of representatives of various home owner associations in the canyon, which will] work for improvements to the benefit of all concerned. Mr. Bay made reference to resolution adopted by the Orange County Board of Supervisors on April. 23, 1968, resolving that money allocated for conversion project~ should be expended in locations within 1,000 feet of the right of way of arty highway currently being considered for official designation as a scenic highway: and in section "B" of the resolution, it was set forth that priority for any conversion projects should be given in the following order: 1) when the uti!]ty must be relocated in connection with a street w]dening or other public improvement project, and 2) when the utility may be converted in connect/on with a street widening or other improvement project, Mayor Thom asked if anyone else was present for the purpose of speaking to the issue in question. There was no response, The Mayor called attention to an overlay placed on the General Plan Map posted op the west wall of the Council Chamber, indicating the Project Alpha boundaries lying within the area in question. He pointed out that a potential alternative would be to use Redevelopment funds f~r undergrounding the facilities in this t:,articular area. Councilman Seymour was of the opinion that although the use of Redevelopment funds might be a viable financial alternative, the area in question would be small in ~.omparison to that portion of the City lying west ('.f the Santa Ana River, and he suggested that in the next budget year, an approximate 2% of 'the net income {r()m the Utilities Department be depos~ted ir~. a fund to be used for the conversion of existing ut:i]ities west of the river, For the area east of the river, b{ felt, in order to prov4de equity in this type of endeavor, assessment distric'ts~ should be established. Some undergrounding could be initiated in connection with street widening projectg. underground utilities would affect t'he prices of new single-family residences by an estimated $1,000 to $2,000 and before he was prepared to make a final decisic':~,7 c~n the issue, he wouid l~k~_' ,: ~o receive input from the citizens in the Mr~ Hoyt advised that it was in accordance with the Council's Policy to not underground "backbone" feeders that the Imperial Highway facilities were initiated. It was expected that an update on that policy would be presented to the C()unci [ in approximately two weeks, Costs have increased considerably, and new in-~racr_ fa.:ilities do go underground. 75-803 City Hall~ Anaheim~ California - COUNCIL MINUTES - S~ptember 2,~ 1975~ 1:30 P.M. In answer to question by Councilwoman Kaywood, Mr. Hoyt replied that the urgency for installation of the Imperial Highway facilities remains the same; the summer peak load is usually experienced in the mo~th of September. Councilwoman Kaywood requested clarification of utility installation costs in the undeveloped hill areas. Mr. Hoyt replied that developers had originally expressed a willingness to pay for underground facilities, but wanted some flexibility; not all developers pay for undergrounding "backbone" feeder lines, although some do at their own option. At the conclusion of the discussion, Councilman Seymour moved that further Council consideration of the Rancho Yorba Home Owners Association protest be continued two weeks, September 16, 1975, pending receipt of recommendation from the Utilities Director. Councilman Thom seconded the motion. Councilman Pebley absent. MOTION CARRIED. (Councilman Sneegas left the Council Chamber, 2:20 P.M.)· ANAHEIM MUNICIPAL GOLF COURSE - NAME CHANGE: Communication dated August 28, 1975, was submitted from Pat Patterson, Chairman of the Anaheim Golf Course Advisory Commission, reflecting recommendation of the Commission that the Anaheim Municipal Golf Course be re-named to the H. G. "Dad" Miller Municipal Golf Course. On motion by Councilman Seymour, seconded by Councilman Thom, the recom- mendation was accepted and the name of said golf course be changed to the H. G. "Dad" Miller Anaheim Municipal Golf Course. Councilman Sneegas temporarily absent. Councilman Pebley absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the following actions were authorized in accordance with reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: i. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier: a. Claim filed by Madeline Hotch, c/o Peccorini & Leamy, for personal injuries purportedly resulting from condition of restroom floor at Anaheim Stadium on or about June 1, 1975. b. Claim filed by Bernard H. and Timothy S. Heitkamp, c/o Stedman & Meni- cucci, for personal injuries and damages purported~ resulting from an accident caused by improperly functioning traffic signals on or about July 11, 1975. c. Claim submitted by Mrs. A. K. Mansour for personal injuries to son of claimant purportedly resulting from glass in swimming pool at Pearson Park on or about July 15, 1975. d. Claim submitted by Mr. & Mrs. Alex Jordan for loss purportedly resulting from electrical failure on or about August 4, 1975. e. Claim filed by Lucille M. Walter, via Auto Club of Southern California, for damages purportedly resulting from being struck by City vehicle on or about August 7, 1975. 2. CORRESPONDENCE: The following correspondence was ordered received and filed a. Anaheim Public Library Board - Highlights & Minutes - July 21, 1975. b. City Treasurer's Office - Monthly Financial and Operating Report - June Supplement. c. Financial and Operating Reports for the Month of July, 1975: City Treasurer Public Library Water Division Police Department d. City of Santa Ana- Resolution No. 75-109 - Expressing support for SB 886 (Carpenter) relating to harmful and obscene matter, 3. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RESOLUTION NO. 7648: Metropolitan Water District of Southern California Resolution No. 7648, levying taxes for the fiscal year beginning July 1, 1975, upon taxable property lying within the City of Anaheim, was ordered received and filed. Councilman Sneegas temporari]y absent. Council~an Pebley absent. CARRIED. 75-804 C__i_ty Hall, Anaheim~ California - COUNCIL MINUTES - September ~, 1975~ 1:30 P.M. -- _ , RESOLUTION NOS. 75R-470 AND 75R-471: Councilwoman Kaywood offered Resolution Nos. 75R-470 and 75R-471 for adoption, in accordance with the reports, recommendations and certifications furnished each Council Member= and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 75R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (Public Hearing September 23, 1975, 2:30 P.M.) RESOLUTION NO. 75R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PURCHASE OF 251 DIGITAL LOOP DETECTOR SENSOR MODULES AND ONE (1) DETECTOR LOOP FREQUENCY TEST METER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 762-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF- AUTHORIZING THE CON- STRUCTION 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 October 2, 1975, 2:00 P.M.) Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: None Y[PORARILY ABSENT: COUNCIL MEMBERS: Sneegas ABSENT' COUNCIL MEMBERS: Pebley Mayor Thom declared Resolution Nos. 75R-470 and 75R-471 duly passed and adopted. CHANGE ORDER NO. iF SLURRY SEAL CONTRACT: On report and recommendation of the City Engineer, Councilman Seymour moved that Change Order No. 1 to contract for application of slurry seal on various City streets, increasing the amount by $8,788.50, be authorized, bringing the total contract price to $37,851. Council- woman Kaywood seconded the motion. Councilman Sneegas temporarily absent Coun- cilman Pebley absent. MOTION CARRIED. ' (Councilman Sneegas returned to the Council Chamber 2:23 P.M.) RESOLUTION NO. 75R-472~ SLURRY SEAL CONTRACT, ACCOUNT NO. 100-421-241-02: Upon receipt of certification from the Director of Public Works~ Councilma~ Seymour offered Resolution No. 75R-472 for adoption. Refer to Resolution Book. 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 FOLLOW, lNG PUBLI(] IMPROVEMENT, TO WIT: SLURRY SEAL APPLICATION, IN THE CITY OF ANAHEIM ACCOUNT NO. 100-421-241-02. (Flex Paving & Engineering, Inc.) Roll Call Vote: AYES' COUNCIL MEMBERS: Kayw00d, seYmour, Sn~ga~ and Thom NOES' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS' Pebley Mayor Thom declared Resolution No. 75R-472 duly passed and adopted. CONTINUED DECISION - GENERAL PLAN AMENDMENT NO. 135~ To consider an amendment to the Circulation Element - Highway Rights of W~y and Arterial Streets and Highways Map of the Anaheim General Plan to realign and/or reclassify Meats Avenue/Lakeview Avenue and Via Escollo, and to delete portions of Eucalyptus Drive and Coal Canyon Road and to establish Monte Vista Drive. Public hearing on said General Plan Amendment was held at the meeting of January 28, 1975, and decision continued to April 1, 1975 to allow time for joint committee meetings with the cities of Orange and Villa Park and the 75-805 9.ity Haii~ Anaheim~ California - COUNCIL MINUTES - September 2~ 1975~ 1:30 P.M. County of Orange. The matter was further continued from the meeting of April 1, 1975, to July 1, 1975 to allow staff to' prepare a comprehensive reevaluation of circulation in the canyon area to be reviewed by the .Canyon Area General Planning Task Force and the City Planning Commission. Decision was again continued to this date pursuant to recommendations of the Development Services Department and the City Engineer inasmuch as the proposal was then being considered by the Canyon Area General Planning Task Force and was yet to be reviewed by the City Planning Commission. Report dated August 22, 1975, was submitted from the City Engineer recom- mending that subject General Plan Amendment be continued to the meeting of November 4, 1975, inasmuch as the Task Force Committee had requested a report from the State Department of Transportation concerning the possible future traffic congestion at the Lakeview Avenue grade separation upon ultimate develop- ment of the area. Also submitted was memorandum report dated September 2, 1975~ from the Development Services Department, indicating the same recommendations. On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, decision on General Plan Amendment No. 135 was continued to November 4., 1975, as requested by staff. Councilman Pebley absent. MOTION CARRIED. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 73-74-36 AND CONDITIONAL USE PERMIT NO. 1130 (READVERTISED): Initiated by the City Planning Commission proposing dele- tion of condition requiring perpetual maintenance agreement and a parkway mainten- ance assessment district, property located northwesterly of the corner of La Palma Avenue and Euclid Street. The City Planning Commission, pursuant to their Resolution No. PC75-159, recommended the amendment of Council Resolution No. 74R-235 to delete Condition No. 11 pertaining to a perpetual maintenance agreement, in connection with Reclassification No. 73-74-36. Pursuant to their Resolution No. PC75-160, the City Planning Commission deleted Condition No. 6 of their Resolution No. PC69-173, adopted in connection with Conditional Use Permit No. 1130, pertaining to establishment of a parkway maintenance assessment district. Public hearing was continued from the meeting of August 19, 1975, pending further review of the traffic studies and statements as reported in the environmental impact report. Traffic Engineer Paul Singer reported that the traffic volume projected ~n a N~vember ~.2, 1973 study by Herman Kimmel & Associates, indicating interior traffic generation and circulation on Romneya Drive approaching La Palma Avenue~ at ultimate development, would be 6,620 cars~ that the Matreyek Development will generate approximately 4,900 cars on Romneya Drive approaching Euclid Street~ which does not include the traffic generated by the Martin Luther Hospital nor a predicted 27% increase in traffic along the south side of Romneya Drive from the shopping facility under construction. These figures resulted in a projected traffic volume of 8,600 cars per day along Romneya Drive at La Palma Avenue, and 10,900 cars per day on Romneya Drive at Euclid Street. Traffic currently generated from the existing single-family residential developments adjacent to John Marshall School is approximately 200 from Coronet Avenue and 300 cars from Falmouth Avenue. The ultimate spill-over onto Brookhurst Street will be approximately 900 cars including those generated by other areas. Councilman Seymour stated it had been his understanding that Coronet and Falmouth Avenues were not going to be through streets. Mr. Singer replied that plans indicate these two streets as through streets, connecting to Romneya Drive at ultimate development. In reply to question by Mayor Thom, Zoning Supervisor Annika Santalahti advised that the question of traffic management on Romneya Drive was not presented nor questioned at the City Planning Commission hearing and the Planning Commission's decision to delete the condition which would have required perpetual maintenance of the medians was made on the basis of recommendation by the Public Works Department. Councilwoman Kaywood noted that the present City Council is interested in maintaining traffic dividers or using planted medians. 75-806 City Hali~ Anaheim, California - COUNCIL MINUTES - S.ePtember 2, .!97_5_,_~1j..3.0 P.M. -- Miss Santalahti stated that the cos~incurred in forming these maintenance assessment districts are excessive when compared to the costs of the maintenance being done using City work forces. It was noted that one of the concerns previously expressed by Mr. Bay was that Romneya Drive, as shown on the plans, was insufficient to carry the projected traffic. City Engineer James P. Maddox stated that in providing the median divider, only the parking lanes would be eliminated, and there would be four traffic lanes provided which would be ample. Mr. Singer noted that in this area, Romneya Drive was designed as a scenic corridor, with no on-street parking, as originally requested by Matreyek Homes. Mayor Thom asked if anyone wished to address the City Council concerning the proposed deletion of conditions. Mr. Ben Bay, 2148 West Grayson Avenue, noted his concern had been the need for a current traffic study to indicate the true impact of the proposed develop- ment on the existing residential area, and he saw no reason to release the developer of the commitment previously assigned. He cited traffic figures con- tained in the original environmental impact report on the project, and noted existing problems with traffic on La Palma Avenue, challenging the figures of estimated current traffic on Coronet and Falmouth Avenues. He estimated there are presently close to 3,700 cars per day on Euclid Street between La Palma and the Riverside Freeway. Mayor Thom asked if anyone else wished to address the City Council. Mr..Jim Christiansen, 655 North Mountain Avenue, Upland, representing Matreyek Homes, stated that although they are willing to install and maintain the median, it apparently would be less costly if the City maintains the median as is the policy for all arterial streets and highways. He pointed out that the traffic projections were prepared by expert traffic engineers. The request for deletion of the conditions first came from the City staff. Originally, the development was approved for up to ],080 units on the 69.8 acre parcel, however, it is now proposed to construct a gross total of 458 dwelling units with 212 unJ. ts included on 4 tentative tract maps coming before the City Council for approval next week. The other half of the property was planned to be developed with a similar number of units, if approved by the City. In response to questions by Council Members Kaywood and Seymour, Mr. Christiansen stated that the number of units on the second half of the property could be altered and was previously approved for a greater density than the 458 dwelling units proposed for the entire parcel. Mr. Bay returned to the microphone to state that on the basis of discussion today', he would withdraw his objections to the deletion of conditions. Councilwoman Kaywood indicated it should be on record that lending institu- tions would not finance the original plans approved for the property. Mayor Thom asked if anyone else wished to address the City Council, there being no response, he declared the public, hearing c]..osed. RESOLUTION NO. 75R-473: In view of the reduction in the number of dwelling units propoqed and. the withdrawal of objections, Councilman Seymour thereupon offered Resolution No. 75R-473 for adoption, authorizing the deletion of Condition No. 11, Resolution No. 75R-235, as recommended by the City Planning Commission; and further concurring with the action taken by the City Planning Commission deleting Condition No. 6 from Resolution No. PC69-173 pertaining to Conditional Use Permit No. 11.30. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 75R-215 DELETING CONDITION NO. 11 IN RECLASSIFICATION NO. 73-74-36. 75-807 City .Hal l_~ Anaheim, California - COUNCIL MINUTES - September' 2~. !975~ _1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS. Kaywood, Seymour, Snee§as and Thom NOES: COUNCIL MEMBERS: None ABSENT' COUNCIL MEMBERS: Pebley The Mayor declared Resolution No. 75R-473 duly passed and adopted. RECESS' Councilwoman Kaywood moved for a 5-minute recess. Councilman Thom seconded the motion. MOTION CARRIED. (3'10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all members of the City Council being present with the exception of Councilman Pebley. PUBLIC HEARING - DRAINAGE FEES~ PERALTA HILLS AREA: Public hearing was held to consider the establishment of drainage fees for Areas 1 and 2 of District 36, and Areas 1 and 2 of District 37, of the City of Anaheim Master Plan for Drainage (Peralta Hills and upstream area). City Engineer James P. Maddox referred to his report dated August 27, 1975 (copies furnished each Council Member), which was a supplement to his memorandum dated July 25, 1975. He advised of the August 20, 1975 informational meeting held for residents of the area and referred to a list of those in attendance. He recommended that drainage fees be established at $1,460 per acre in the Peralta Hills area, and $3,650 per acre for the upstream area (2½:1). Mr. Maddox referred to an aerial map posted on the east wall of the Council Chamber, depicting the ridge line encompassing Districts 36 and 37, Areas 1 and 2. Another line indicated drainage facilities previously constructed by developers or by the State of California between Santa Ana Canyon Road and the Santa Ana River. Based on current costs, if the freeway were not in existence, it would cost approximately $973,300 to construct these existing facilities today. The cost of necessary storm drains in the areas under consideration is estimated at $1,574~610, and the two figures combined equal $2,547,910. The previous report from the City Engineer recommended a ratio of 2~:i for the upstream areas with a fee of $1,460 per acre for future residents of Peralta Hills. It was estimated that at that rate, the total eventual payment to the City would amount to $242,360, wh~ch would represent 9.5% of the total cost of the storm drains, with Peralta H~lls ~omprising 29% of the total drainage area. In response to question by Councilman Sneegas, Mr Maddox explained that the drainage facilities already constructed by owners and developers were entirely locatmd between Santa Ana Canyon Road and the Santa Ana River; that the proposed fees would be used for the purpose of reimbursing future builders of drainage facilities which either would benefit from, or pass through the facilities in the area. He explained that the 2½:1 ratio was proposed because those tracts which had already been filed in the upstream area were roughly 2½:1. Responding to other questions by the City CouncJ~l, City Attorney Alan Watts advised that two or three years ago the State Supreme Court indicated that the upstream property owner developing his land and depositing water on his down- stream neighbor was responsible for taking reasonable steps to protect the down- stream owner, or be responsible for any consequential damages. He was of the opinion that it is a joint responsibility between the developers and the public agency having jurisdiction. In addition, he pointed out that the downstream property owner has the resp0nsibi]~ty of accept~.ng gom~ of th~ natural ~low o~ the drainage waters originating from above. He reported that the authority of th~ Subdivision Map Act has been expanded to authorize the creation and imposition of assessment districts and drainage fees. Mayor Thom asked if Anyone in the audience wished to address the City Council. Mr. Roland Krueger, 561 Peralta Hills Drive, noted past meetings with the City staff, other property owners and developers, and stated he represented those property owners today. There was a prevalent feeling that the people in ?eralta Hills were being asked to solve the problems of upstream developers with very little benefit to themselves. Although they expected to carry their fair share 75-8 08 City Hall, Anaheim, California - COUNCIL MINUTES - Septemb_er~ 2~ 19.7_5,_ l:L30 .P...M. -- of public facilities, they felt that some real benefit should be derived in return. It was their opinion that, as a result Of the policy permitting massive grading in the area and complete re-structuring of the hillsi_de,- the natural course of drainage has been re-directed and concentrated. In Peralta Hills, the opposite philosophy has prevailed, and there has been little disturbance; in his opinion, drainage from the higher areas could have been handled if the land had been developed to the natural terrain. Since this was not a problem created by the downstream property owners, it did not seem fair to require them to help pay the costs of facilities to handle this re-direction of the drainage flow. Mr. Krueger posted maps on the east wall of the Council Chamber, illustrating the drainage areas under discussion. He stated that the people he represents did not believe that their drainage facility fees should include the costs of facili- ties for tracts developed upstream, and if they were required to pay these fees, they should not be in excess of $600 per acre; further, for uniformity, such fees should be collected at the time any building permits are issued. Mr. Krueger called attention to discussions held with City staff members wherein it had been indicated that although the fees were proposed to be assessed on undeveloped properties only, a building permit for home expansion could also require payment of the fees, subject to determination by the staff. He was of the opinion that this should be clearly defined and recommended no fees be assessed for any established residence. Mr. Krueger submitted a petition con- taining 132 signatures of area residents favoring underground storm drain installation, without any asphalt surface, landscaped to preserve the natural amenities in the area. Mr. Jim Barisic, Vice President, Anaheim Hills, Inc., asked whether there would be any tangible benefit to the Peralta Hills residents from the drainage facilities to be installed in conjunction with upstream developments, and particularly a 21-acre parcel west of Lakeview Avenue on which a tentative tract map has been filed. The City Engineer reported that a drainage facility in any portion of the area under discussion would be beneficial; it would protect the Peralta Hills area from flood waters and would facilitate disposal of their own flood waters; the only exception might be the top of the ridge. The parcel west of Lakeview Avenue would also derive some benefit. Mr. Barisic noted it had been explained to him there was no other equitable method of assessing the costs of drainage facilities except on a density basis. He was of the opinion it was proper that only undeveloped properties would be affected by the assessment of the fees, and that these fees be paid at the time building permits are issued. Mr. Don Steffenson, representing the Lusk Corporation, Newport Beach, advised that they have been working with City staff for some time on the possible estab- lishment of assessment districts in the area and feel that if they are to provide drainage in their subdivisions upstream to alleviate problems of downstream properties, there should be some participation by the downstream properties. In their opinion, the staff has recommended an equitable solution to the entire problem. Mr. Herbert Christiansen, 5108 Crescent Drive, addressed the Council advising that a number of people from the Peralta Hills area were present in the Council Chamber, as previously represented by Mr. Krueger. He was of the opinion that with the exception of upstream waters, there would be no need for drainage :in their area. Mr. William Mauerhan, owner of property in Peralta Hills, advised he felt it unfair that the owners of a handful of undeveloped properties were being asked to share in the costs of facilities which are going through their properties, and especially for facilities to be constructed within other subdivisions. Mayor Thom asked if anyone else wished to address the Council; there being no response, he declared the public hearing closed. Discussion was held by the City Council, and Councilman Sneegas concurred with the premise that payment of fees be made at the time building permits are issued and inquired what the difference in the fees would be if adjustments to the figures were made to eliminate the in-tract storm drain facilities. 75-809 _Ci~ty Hall, Anaheim, California - COUNCIL MINOTES - Septe. mber .2~ 1975~ i:30. P.M. Mr~ Maddox replied that a portion of those facilities were excluded from the proposal, and all lines of 24 inche~ or more were included; therefore, catch bas~.ns and local connections would not be included. During the discussion, a conflict was evidenced between the opinions of the City Engineer and the City Attorney, Mr. Maddox t~eing of t¼e opinion that when a parcel is already in use for residential purposes and application for building permit for a portion of that property is filed, a fee would not be required; Mr. Watts pointing out that the Subdivision Map Act provides two instances where such fees would be required, when there is a creation of a subdivision, or where there is a parcel map filed. Based on his opinion of the legally appropriate number of acres involved, the numbers reported by the City Engineer couid require adjustment. He requested additional time to review the issue. Councilman Seymour pointed out that according to the petition filed today, the people in the Pera]ta Hills area prefer underground storm drain facilities, al. though it was his understanding that the open channels were less expensive. He requested a show of hands by those who preferred underground facilities even if the assessment fees were reduced by an estimated 25%. A substantial number of those present raised their hands. Mr~ John McElheny, 4946 Crescent Drive, came forward to note problems which might o~cur with the open channels in a rural area containing horses and stables. (]ouncilman Seymour expressed the opinion that the City Engineer's proposal was a fair solution to the problem; the people who will pay the fees will be the consumers who purchase properties; and the resident homeowners will not be disen- franchised from the enjoyment of their homes. In response to question by Councilman Sneegas, Mr. Maddox reported that there are approximately fifty undeveloped one-acre parcels remaining in the area, which would reduce by that amount the undeveloped acreage proposed for 2~:] assessment, and possibly the proposed fees for the Peralta Hills area should be increased. Mr~ Watts recommended that if action was to be taken by the City Council to establish the fees, such action include the fifty acres, as originally recom- mended by the City Engineer. RESOLUTION NO. 75R-474: Councilman Seymour offered Resolution No. 75R-474 for adoption, establishing drainage fees for Areas 1 and 2 of District 36, and Areas I and 2 of District 37 of the City of Anaheim Master Plan for Drainage, in the amounts of $1,460 per acre in the Peralta Hills area, and $3,650 per acre for the upstream area at a ratio of 2~:i, subject to final approval by the City Council of the specific dollar figure, and further subject to the following cond it ions: 1. That the fees be paid at the time building permits are issued. 2. The stipulation to the City Attorney, and assurances by the City Attorney and City Engineer, that the fees would apply only to the development of new resi- dences on undeveloped properties, not to improvements of existing parcels or residences. 3. T[~at the type of channel that would be constructed would be an under- ground ~:hannel, and that the final design of the channel and accessways would be brought back to the City Council for approval as it pertains to any channels going through the Peralta Hills area. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ESTABLISHMENT OF DRAINAGE FEES FOR AREAS 1 AND 2 OF DISTRICTS 36 AND 37 OF THE CITY OF ANAHEIM. (Peralta Hills Area) Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL M~MBERS: None ABSENT: COUNCIL MEMBERS' Pebley The Mayor declared Resolution No. 75R-474 duly passed and adopted. 75-81.0 City Hall~ Anaheim, California - COUNCIL MINUTES - September 2, .~97.5.~ 1:30 P.M. Councilwoman Kaywood pointed out tbat open channels can be aesthetically utilized on the hillsides with steep g~ades. Councilman Seymour was of the opinion that when plans come before the City Council for review, the possibility of open channels in those areas can be considered. RESOLUTION NO. 75R-475 - LA MESA AVENUE: On the recommendations of the Chief Building Inspector, Councilman Sneegas offered Resolution No. 75R-475 for adoption, authorizing a change in a portion of a street known as La Mesa Street to La Mesa Avenue. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME OF LA MESA STREET TO LA MESA AVENUE. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Resolution No. 75R-475 duly passed and adopted. TRACT NO. 8470 - REFUND~ DRAINAGE ASSESSMENT FEES: Request of John B. Upton, Prado Woods Corporation, for refund of the $21,166.00 drainage assessment fees paid for Tract No. 8470 and that said fees be paid prior to the issuance of building permits subject to the execution of a letter agreement thereto, was submitted together with report by the City Engineer recommending said request be denied; property located on the north side of Crescent Drive, east of Peralta Hills Road. Mr. Maddox stated that in accordance with action just taken by the City Council establishing drainage fees in the Peralta Hills area, it was his opinion that the request for refund, pending issuance of building permits, could be granted. Mr. Upton was present, as was Mr. Carmen Esposito, who further explained that an existing residence was included in the fees assessed. On motion by Councilman Sneegas, seconded by Councilman Thom, refund of drainage assessment fees in the amount of $21,166.00 Was authorized, said fees to be paid prior to the issuance of building permits. MOTION CARRIED. RECLASSIFICATION NO. 73-74-11~ CONDITIONAL USE PERMIT NO. 1415 AND TENTATIVE TRACT NO. 8&09 - EXTENSION OF TIME: Request of Owen M. Powell, Southwest Properti~s~,~ Ih~., was submitted requesting a one-year extension of time to Reclassification No. 73-74-]1, Conditional Use Permit No. 1415 and Tentative Map of Tract No. 8409; property located on the east side of Anaheim Hills Road south of Santa Ana Canyon Road. Also submitted and reviewed by the City Council were reports from the Planning Department and City Engineer recommending that extension of time be granted as requested, to expire October 9, 1976. Councilwoman Kaywood questioned why subject applications for a zoning density of approximately 10 units per net acre were approved, noting that the Planning Commission had recommended denial. She thereupon offered a motion to deny the request for extension of time. Mr. OwenM. Powell, Executive Vice President of Southwest Properties~ Inc,, petitioners, stated he understood that the approval by the City Council of requests of this nature was not an uncommon occurrence and noted that the zoning had been previously approved. Mayor Thom advised that although he had voted against the original petitions for reclassification and conditional use permit, they had been approved by the preceding Council, and he felt obliged to honor that approval. Councilwoman Kaywood's motion to disapprove the extension of time died for lack of a second. 75-811 City Hall,.Anaheim, California - COUNCIL MINUTES - September 2~1975~ 1:30 P,M, On motion by Councilman Thom, seconded by Councilman Sneegas, a one-year extension of time was granted to Reclassification No. 73-74-11, Conditional Use Permit No. ]4]5 and Tentative Tract Map No. 8409, to expire October 9, 1976. To this mot[on, Councilwoman Kaywood voted '~no". Councilman Pebley absent. MOTION CARRIED. TRACT NOS. 7731 AND 7732 (REVISIONS NO. 3) - APPROVAL OF FINAL PLANS~. REVISED SOUND ATTENUATION MEASURES AND FINAL MAPS: Developer, Classic Development Corporation; tract located on the north side of Santa Ana Canyon Road adjacent to the Riverside Freeway east of Mohler Drive, Tract No. 7731 containing 43 proposed RS-7200 zoned lots and Tract No. 7732 containing 49 proposed RS-7200 zoned lots. ~'i~e City Engineer re~:ommended approval of final maps of Tract Nos. 7731 and 7732, reporting that said final maps conform substantially with the tenta- tive maps previously approved, that bonds had been posted and forwarded to the City Attorney for approval~ and required fees paid. Report dated September 2, 1975, was submitted from the Planning Department, Zoning Division, recommending approval of submitted floor plans and elevations and the proposed sound buffering adjacent to the Riverside Freeway, and calling attention to the proposed site plans showing three residential structures within 50 fee~ of the Riverside Freeway, whereas Coun~il Policy No. 538 requires a 50-foot setback depth. Councilwoman Kaywood referred to page 3 of the Planning Department report, wherein it was stated that developers indicated compliance with the policy that dwellings be a minimum of 50 feet from the freeway, however, plans submitted depict that three dwellings are of a 41-foot setback. She questioned why it should be allowed when the setback from the freeway should be 150 feet. g~ning Supervisor Annika Santalahti reported that an acoustical consultant had been called in to again go through and re-certify the sound attenuation measures. It was possible to relocate the structures on all but three lots to provide a 50-foot setback from the freeway; these three were projected to be improved with wide single-story models whic~ would not accommodate a three-car garage to meet parking requirements if the structures were relocated on the lot to provide the 50-foot setback .in the rear yard. !iouncilwoman Kaywood was of the opinion that to allow a 41-foot setback would be establishing a dangerous precedent. Mr. Gerald Boyer, Classic Development Corporation, noted the desirability of the particular models projected for the three lots in question, being single- story wide models with a second-story option, and advised that the nearest second floor window would be located 59 to 60 feet from the freeway and he felt this was within the spirit of the Council's policy. Th~ tract map had been revised several times and the lots averaged 7200 square feet, with one at 6500 square feet. It was an oversight that these three structures were at 41 feet from the freeway, as most of their plots provided 50 feet or more. ~iouncilwoman Kaywood noted problems which have been brought to her atten- tion bY residents of homes near freeways and stated she could not vote to approve setbacks 9 feet closer than the policy provides, when actually, in her opinion, the setbacks should be 150 feet. I~ response to question by Councilwoman Kaywood, Mr. Boyer indicated that projected models for the three lots could be changed to other models and the 50-foo~ depth thereby mrovided. (~iouncilman Thom moved that final plans and revised sound attenuation measures for Tract Nos. 7731 and 7732, Revisions No. ~, be approved subject to the provision ~.~f a m£nimum 50-foot setba~k for all structures on lots adjacent to the freeway, as stipulated to by Mr. Boyer. (i]ounc~lman Seymour seconded the motion. Council- ma.~ }'~eb]ey absent. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Thom, final maps, Tract Nos. 7731 and 7732, Revisions No. 3, were approved, subject to the provi- sion that all ~tructdres must conform with the 50-foot setback from the freeway, as stipulated to by Mr. Boyer. Councilman Peb]ey absent. MOTION CARRIED. 75-812 Cjt2f H.a. ll~ Anaheim, California - COUNCIL MINUTES - September 2~ 1975~ 1:30 P,M. FINAL MAP~ TRACT NO, 8873; Developer, J. Ray Construction Company; tract located on the south side of Santa Ana Canyon Road east of Quintana Drive~ containing 21 RS-7200 (SC) zoned lots. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, that bond has been posted and forwarded to the City Attorney for approval and required fees paid. On the recommendation of the City Engineer, Councilman Seymour moved that Final Map, Tract No. 8873, be approved. Councilman Sneegas seconded the motion. Councilman Pebley absent. MOTION CARRIED. FINAL MAPS, TRACT NOS. 7946~ 7947 AND 7948: Developer, Anaheim Condos; tracts located at the northwest corner of Cerritos Avenue and Walnut Street and each tract contains 1 RM-1200 zoned lot. The City Engineer recommended approval and reported that said final map conforms substantially with the tentative maps previously approved~ that bonds have been posted and forwarded to the City Attorney for approval, and required fees paid. On the recommendation of the City Engineer, Councilman Seymour moved that Final Maps, Tract Nos. 7946, 7947 and 7948 be approved. CCouncilwoman Kaywood seconded the motion. Councilman Pebley absent. MOTION CARRIED. PURCHASE OF SERVICES: Interim Assistant City Manager William Griffith reported on informal quotation received for sandblasting of steel seating structure in Glover Stadium at La Palma Park, and recommended acceptance of the one bid received from Western Sandblasting in the amount of $5,700.00. On motion by Councilman Seymour, seconded by Councilman Sneegas, purchase of sandblasting services from Western Sandblasting was authorized in the amount of $5,700.00, as recommended by the Interim Assistant City Manager. Councilman Pebley absent. MOTION CARRIED. RESOLUTION NOS. 75R-476~ 75R-477 AND 75R-~78 - AWARD OF WORK ORDER NOS. 759-B~ 737-B, AND 761-A & 856: In accordance with recommendations of the City Engineer, Councilman Thom offered Resolution Nos. 75R-476, 75R-477 and 75R-478 for adoption. Refer to Resolution Book. RESOLUTION NO. 75R-476: 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, ¥~TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: PLACENTIA AVENUE STORM DRAIN IMPROVEMENT, S/O ORANGETHORPE AVENUE TO LA JOLLA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 759-Bo (Mac-Well Company, $106,540.00) RESOLUTION NO. 75R-477: 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: LA PALMA AVENUE STREET IMPROVEMENT, SUNKIST STREET TO STATE COLLEGE BOUI,EVARD~ IN THE CITY OF ANAHEIM~ WORK ORDER NO. 737-B. (Blair Paving, Inc. - Alternate 1, $46,401.81) RESOLUTION NO. 75R-478: 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: EAST STREET AND SYCAMORE STREET SIDEWALK IMPROVEMENT~ IN THE CITY OF ANAHEIM, WORK ORDER NOS. 761-A & 856. (Markel Cement Contracting, Inc., $16,396.32) 75-813 City Hall=z_Anaheim~ California - COUNCIL MINUTES - Sel~tembe~r 2_~ 1.975~ !:,30 P,M, Roll Call Vote: AYES: COUNCIL MEIiBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Resolution Nos. 75R-476~ 75R-477 and 75R-478 duly passed and adopted. AWARD OF WORK ORDER NO. 760-A - EUCLID AVENUE STORM DRAIN IMPROVEMENT: On the recommendation of the City Engineer, Councilman Sneegas moved that award of Work Order No. 760-A, the Euclid Avenue Storm Drain Improvement, be continued to September 16, 1975, to allow the City of Garden Grove an opportunity to review the bids received, inasmuch as the improvement is a cooperative project. Councilman Thom seconded the motion. Councilman Pebley absentt MOTION CARRIED. ORDINANCE NO 3461: Councilwoman Kaywood offered Ordinance No. 3461 for adoption. Refer to Ordinance Book. ~N ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 5~ CHAPTER 5.04 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 5, CHAPTER 5~04 RELATING TO BICYCLE LICENSING. Roil Call Vote: .RYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley The Mayor declared Ordinance No. 3461 duly passed and adopted, ORDINANCE NO. 3462: Councilman Seymour offered Ordinance No. 3462 for adoption, Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER 6.68 TO THE ANAHEIM MUNICIPAL CODE RELATING TO WIPING RAG BUSINESS. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley COUNTY COUNSEL OPINION - SCHOOL BOARD MEMBERS AND CITY COMMISSIONS: In response to question by Councilwoman Kaywood pertaining to the recent opinion of the Orange County Counsel that it is illegal for members of school boards to serve concur- rently on commissions in the same city, City Attorney Alan Watts reported that he had reviewed the opinion of the County Counsel and was of the opinion that it was the conservative approach to the situation. Inasmuch as the Anaheim Parks and Recreation Commission is partially comprised of members from school boards, he suggested that the only alternative would be to appoint members from the schools wh~ are not serving on school boards. Councilwoman Kaywood felt that Anaheim enjoys a unique situation, due to the fact that the City holds certain joint powers agreements with the school districts, and, therefore, appropriate that school board members sit on the City Parks and Recreation Commission. The City Attorney was instructed to apprise the Orange County Counsel of the City of Anaheim's unique relationship with the school districts locateO in the City, and to request a separate opinion on the ruling pertaining to school board members serving concurrently on City Commissions. VIETNAMESE REFUGEES - PROPOSED CITY SPONSORSHIP: At the invitation of Mayor Thom, Mr. William Holiday, 32742 Alipaz, San Juan Capistrano, addressed the Council regarding a plan being presented to several Orange County cities which would put unemployed people to wmrk assisting in relocation, language development and job placement for 150 Vietnamese refugee families. He advised that currently there were approximately 15,000 Vietnamese refugees housed at Camp Pendleton near Oceanside, 75-814 City Ha.ll, An~ah~im~ California - COUNCIL MINUTES - September_ 27 1975~ 1;30 P,M, and he reported that he had brought to the meeting resumes of some businessmen who were willing to volunteer their expertise in helping these refugees to be absorbed into the United States. He stated that the'majority of the $500.00 allocated by the Government for each refugee was retained in a contingency fund, and many of these people were leaving the base with only $10.00 or $15.00. Mr. Holiday further stated that the plan he was presenting would involve his group working with allocated funds under the established guidelines to find adequate housing for 50 to 100 of these people in an area where education, medical care and other necessities could be provided so that they can qualify for employ- ment and remain off the welfare rolls. He further explained the program and asked if Anaheim would consider being a sponsoring City, giving his plan a vote of confidence. Council discussion was held, and Mayor Thom was of the opinion that the proposal might be worth investigation, and noted that the Council must consider their constituents to determine their views on the importance of the ~City becoming a sponsor of such a program. Councilman Seymour stated he could not imagine how this community could handle these families, and noted there were many factors to be considered. He was concerned that if the Government money ran out, the City would be expected to provide financial support, and he favored referring the matter to the City staff for review and recommendation. Councilman Sneegas stated that he was pleased that the Vietnamese refugees were in the United States, and that there was a sponsor program for which Church groups and others were taking the responsibility. He failed to see how a Govern- ment Agency could take on this type of responsibility and noted many of our own citizens were currently unemployed. Councilwoman Kaywood pointed out that these sponsoring organizations were getting only a small portion of the funds available for these people. At the conclusion of the discussion, the matter was taken under advisement and Mr. Holiday was requested to submit his material to the City staff for investigation, report and recommendation. EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session. Councilman Thom seconded the motion. Councilman Pebley absent. MOTION CARRIED. (5:50 P.M.) AFTER RECESS' b~yor Thom called the meeting to order at 5'58 P.M., all members of the City Council being present with the exception of Councilman Pebley. LITIGATION - MC NEES VERSUS CITY OF ANAHEIM (CONDITIONAL USE PERMIT NOS. 1063 & 1072): On motion by Councilman Seymour, seconded by Councilman Sneegas, the City Attorney was authorized to file an appeal in the case of Clarence McNees versus the City of Anaheim (Conditional Use Permit Nos. 1063 and 1072). Councilman Pebley absent. MOTION CARRIED. ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Seymour seconded the motion. Councilman ?ebley absent. MOTION CARRIED. Adjourned' 6:00 P.M. Alona M. Ho~rd, City Clerk Signed Deputy City Clerk