Loading...
1975/09/30~ity }lal~ Anaheim; California - COUNCIL MINUTES - September 30; 1975; 1:30 P.M. The City Council of the City of Anaheim met in regular session. PIIESENT: COUNCIL MEMBERS: Kaywood, Se~nour, Pebley, Sneegas and Thom ABSENT: COUNCIL M~IBERS: ~:one PRESENT: INTERIM ASSISTANT CITY MANAGER: William Griffith CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon W. Hoyt FIRE CHIEF: James Riley CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR - PLA~ING: Don McDaniel ZONING SUPERVISOR: Annlka Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Jim Green gave the Invocation. FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. LETTER OF APPRECIATION AND CONGRATULATIONS - VIRGIL ISBELL; A letter of appreciation and congratulations for Mr. Virgil Isbell on the occasion of his retirement from the Office Barber Shop was read aloud by Mayor Thom and then presented to Mr. Isbell, together with a special plaque commemorating his profession. Mr. Isbell accepted the letter and plaque with thanks and anecdotes from his 29 years as the "Official" City Hall Barber. PROCLAMATION: The following proclamation was issued by >{ayor Thom and unanimously approved by the City Council: "American Free Enterprise Day" - October 6, 1975. Mr. James Townsend accepted the proclamation, distributed brochures and posters and invited all to attend the program planned for Monday, October 6, 1975, at 7:30 P.M. in the Anaheim Union High School Auditorium. RESOLUTION OF COMMENDATION: A Resolution of Commendation unanimously authorized by the Anaheim City Council was presented to Mr. Charles J. Loucki, employee of the Galaxy ~fotel, 1735 South Harbor Boulevard, who, at his place of employment on August 17, 1975, rendered aid to a drowning victim and is credit~d with saving his life. City Hall~ Anaheim~ California - COUNCIL MINUTES - September 30~ 1975~ 1:30 P.M. RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations on the Golden Anniversary of the Sons of Columbus of America, Inc., was unanimously approved by the Anaheim City Council and read aloud by ~yor Thom. RESOLUTION OF APPRECIATION: A Resolution of Appreciation on the occasion of Mr. Andy Devinets 70th Birthday was unanimously adopted by the City Council to be presented to Mr. Devine at a special celebration. MI!~TES: Minutes of the Anaheim City Council Regular Meetings held August 5 and August 19, 1975 were approved wi~h correction to t~e Minutes of August 19, 1975, Page No. 75-769, to insert "Homeowner," after Owen Brown, and the words "who now represents the Planning Commission" after replacing Charlene Barnes. On motion by Councilwoman Kaywood, seconded by Councilman Seymour. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL D~ANDS AGAINST THE CITY: Demands against the City in the amount ~'f"$605,133.12, in a~"c~rda~ witl{ the 1975-76 Budget, were approved. AGREEMENT REGARDING DEVELOPMENT OF PELANCONI PARK: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council continued consideration of the proposed agreement between the City of Anaheim and several developers pertaining to joint development of Pelanconi Park, to the meeting of October 14, 1975, as requested by Presley of Southern California. MOTION CARRIED. HILLSIDE GRADING ORDINANCE - CLARIFICATION; Mr. Watts explained that the reason Presley of Southern California requested continuation of the aforementioned agreement was due to some questions regarding the application of the Hillside Grading Ordinance and specifically, whether or not it would apply to develop- ment of those tentative tracts approved prior to the effective date of the ordinance (Ordinance No. 3411, adopted April 1, 1975, effective May 1, 1975), or whether these would be developed in accordance with the former grading ordinance. He stated that generally a statute would not be given retroactive application in the absence of a clear intention expressed in the ordinance so to do. There is no such expression of intent in the Revised Hillside Grading Ordinance, and Mr. Watts stated it would be his suggestion to the Council that staff interpret the ordinance to apply to tentative tracts approved subsequent to the effective date of the revised grading ordinance only. In response to Councilwoman Kaywood, Mr. Watts noted that the two Presley tracts which were questioned in particular were approved tentative maps prior to the adoption of the Revised Hillside Grading Ordinance. He explained that if these maps were required to comply with the revised ordinance, it would mean the preparation of a new tentative map since the changes to the work already done would be so significant that the City Engineer could not certify a final map as being in substantial conformance with the approved tentative map. Councilwoman Kaywood remarked that the rationale behind adoption of the revised grading ordinance was that there were so many problems with the cut- and-fill type grading conducted under the old regulations, and stated that if it is at all possible for these developers to comply with the Revised Ordinance, she felt they should do so. She referred in particular to the Lusk Tract because the developer is represented on the Canyon General Planning Task Force which drafted the revisions to the Grading Ordinance and he was aware of the changes to be made to the grading regulations. In response to Councilman Seymour's query regarding the legal position of the City should a developer bring such a situation to litigation, Mr. Watts indicated that he would find it difficult to support the contention that the ordinance be applied retroactively. Following brief discussion, by general consent, the Council indicated they would accept the opinion and recommendation of the City Attorney that tentative 75-879 City Hall; Anaheim; California - COUNCIL MINUTES - September 30; 1975~ 1:30 P.M. maps approved before the effective date of the Revised Hillside Grading Ordinance (May 1, 1975) would not be.subject to the provisions thereof. AGREF~{ENT - YORBA REGIONAL PARK: The City Attorney explained minor changes requested by County Counsel to the agreement originally adopted by Resolution No. 75R-420 as outlined in his memorandum dated September 23, 1975. RESOLUTION NO. 75R-511: Councilman Seymour offered Resolution No. 75R-511 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 75R-420 AND APPROVING THE TERMS OF AN AGREEMENT DATED SEPTEMBER 30, 1975, WITH THE COUNTY OF ORANGE AND ORANGE COUNTY HARBORS, BEACHES A/~D PARKS DISTRICT IN CONNECTION WITH YORBA REGIONAL PARK AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMEI~. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M~4BERS: None The Mayor declared Resolution No. 75R-511 duly passed and adopted. RECORDS }flkNAGEMENT PROGRAM - CITY CLERK'S OFFICE~ Two agreements were presented to implement the Records Management Program in the City Clerk's Office; 1) Agreement with Gamlin Industries, Inc. to employ a records consultant for a period of'three years on an as-needed basis in an amount not to exceed $5,000 in any one year; 2) An agreement with Gtco Microfilming Services, Inc. to perform professional microfilming services as required for a two-year period expiring September 30, 1977. The Deputy City Clerk reported that these items were both budgeted in the 1975-76 Budget. RESOLUTION NOS. 75R-512 AND 75R-513: Councilman Seymour offered Resolution Nos. 75R-512 and 75R-513 for adoption. Refer to Resolution Book. RESOLUTION NO. 75R-~12 - GAMLIN INDUSTRIES! INC.: A RESOLUTION OF THE CITY COUNCIL 6F THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREE- MENT BETWEEN THE CITY OF ANAHEIM AND GAMLIN INDUSTRIES, INC. PERTAINING TO A RECORDS MANAGEMENT PROGRAM; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR THE CITY. RESOLUTION NO. 75R-513 - ORCO MICROFILMING SERVICE: A RESOLUTION OF THE CITY C00'NdIL OF THE CITY oF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREE- MENT BETWEEN ORCO MICROFILMING SERVICE AND THE CITY OF ANAHEIM PERTAINING TO MICROFILMING SERVICES; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREm~N~ FOR Z~ CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-512 and 75R-513 duly passed and adopted. PARAMEDIC HARDWARE - SOLE VENDOR PURCHASE: Memorandum from Fire Chief Riley dated September 11, 1975 discussing the subject of acquiring hardware for tile City's entrance into the Paramedics program was submitted for Council con- sideration. Chief Riley pointed out various significant advantages to purchasing the necessary items from one supplier on a sole-vendor basis rather than utilizing the bid process and recommended Motorola based on actual in- service experience by other Orange County cities. 75-88O City Ha!.l~ Ana.heim~ California - COUNCIL MIl~UTES - September 30~ 1975~ 1:30 P.M. On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City Council approved sole-vendor status for Motorola in connection with the purchase of paramedic hardware and authorized the Purchasing Agent to buy such equipment outright from that firm. MOTION CARRIED. RESOLUTION NO. 75R-514 - ORANGE AVEi'fOE STREET IbfPROV'~[ENT~ AHFP NO. 624: On report and recommendation of the City Engineer, Councilwoman Kaywood offered Resolution No. 75R-514 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIm.[ REQUESTIk~G THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION WIThlI'~ TIlE ARTERIAL HIGHWAY FINANCING PROGR~D{ FOR THE ORANGE AVE~dE STREET I'b,LPROV~MENT, A.H.F.P. NO. 624. (Increase of $1~,003.97) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~.IBERS: None ABSEi~T: COUNCIL M~-~BERS: None The Mayor declared Resolution No. 75R-514 duly passed and adopted. ELECTRIC POWER AND RATE LITIGATION - INCREASE IN R. W. BECK AiqD ASSOCIATES COLiTIS{CT: Memorandum dated September 22, 1975 from the Utilities Director requesting Council authorization to increase the contract amount with R. W. Beck and Assocates by $15,000 to an amount not to exceed $120,00o was sub- mitted. ~r. Hoyt briefly reported on the status of litigation concerning the supply of electric power, in particular, the Navajo Project Case, in which a Court of Appeals has ordered the case returned to Trial Court. The outcome of this is that the City of Anaheim is that much closer to the day it will receive power from this project, which would come delivered to Anaheim at one-half the price of power from Southern California Edison. Mr. Hoyt further reported that in the last electric rate case against Southern California Edison, the Federal Power Commission determined that Edison had received $666,000 in excess from their wholesale customers, which must be returned, and the City of Anaheim comprises one-third of that wholesale class. Anaheim should receive a return of approximately $200,000 as a direct result of this litigation effort. Hr. Hoyt noted that in connection with Docket No. E7777, from which the City of Banning has withdrawn, Anaheim's share of the cost has risen to 25.91% and its total participation is estimated now at $51,820. It is in connection with this particular case that the request for authorization to increase the contrac~ amount with R. W. Beck be authorized to an amount not to exceed $120,000. In reply to Councilman Seymour, Mr. Hoyt advised that the City of Anaheim hopes to receive 50,000 kilowatts from ghe Navajo Power Project, which is approximately one-half of the base rate demand. He added that there is no assurance that Anaheim will receive that much, but that is the amount the Utilities Department is striving to obtain. He further reported that the best estimate he could give as to when the City would start to enjoy the benefits of power from the Navajo Project would be some time in 1976. Councilman Seymour inquired when receipt of the estimated $200,000 can be anticipated from the Edison rate case, and Mr. Hoyt reported that generally rate cases have taken four years from inception to conclusion. This particular one was filed in 1974, however, when these funds are returned, they will include interest. RESOLUTION NO. 75R-521: On the recommendation of the Utilities Director, Councilman Seymour offered Resolution No. 75R-521 for adoption, approving increase in contract amount for R. W. Beck and Associates of $15,000. Refer to Resolution Book. 75-881 City Hall, Anaheim~ .California - COUNCIL MINUTE§ - September 30, 1975, 1!30 P.M. A RESOLUTION OF THE CI~ COUNCIL OF THE CITY OF ANAHEIM AUTHORIZIi'~G TIlE COM- PENSATION IN THE AGRE~iENT DATED JUNE 12, 1973, WITIt R. W. BECK AND ASSOCIATES TO BE INCREASED BY $15,000.00 TO AN ~.~UNT NOT TO EXCEED $120,000. Roll Call Vote: AYES: COUNCIL M~BERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL M~BERS: None ABSENT: COUNCIL M~BERS: None The }'iayor declared Resolution No. 75R-521 duly passed and adopted. IMPLemENTATION PLAN FOR ARTHUR YOUNG & COMPANY RECO~'~ENDATIONS - UTILITIES DEPARTMENT: The implementation plan prepared by the Utilities Director, which was submitted to the City Council originally on July 22, 1975, was rescheduled for discussion and to consider authorization for the expenditure of funds which would be necessary to implement thc program as outlined in his memorandum dated July 21, 1975. (Complete Utilities Department implementation plan on file in the Office of the City Clerk). Mr. Hoyt recalled that this rather lengthy plan was submitted earlier for Council review and that no approval was requested at that time since he had not had an opportunity to discuss same with the City Manager or Finance Director. He reported that he has since discussed this proposed program with them and, they concur with his recommendations. Mr. tIoyt recommended appropriation of $28,000 for employment of a Senior Systems Analyst and $3,000 for additional salary and fringe benefit costs to reclassify one Electrical Engineering Associate position to Electrical Engineer. In addition, he reported it would total $72,900 to implement the remaining recommendations for consulting services and training programs. Mr. Hoyt recommended that these funds be approved~for expenditure from the Utilities Department carry-forward budget from previous years. Councilman Seymour inquired if the funds referred to by Mr. Hoyt as "carry-forward" would be the same as unappropriated surplus, or whether these funds would be coming from the $3.6 million set aside at the time of adoption of She 1975-76 Budget to provide for increases in sanitation, utility rates and City employee salary increases. Mr. Hoyt reviewed the recommendations as contained in his memorandum dated July 21, 1975, and pointed out that once his recommended program is initiated, it is necessary to make a management commitment since there are resources and manpower which will be required in the future to fully implement the program. He stressed that he feels it is a very good program. Councilman Seymour responded that tie has qualms with the implementation program as recommended by Mr. Hoyt; that the plan demonstrates a positive attitude of cooperation toward implementation of Arthur Young & Company recom- mendations. Councilman Seymour expressed the concern that at the time of adoption of the Budget, Council was led to believe that the unappropriated reserve available to make up a portion of the $3.6 million reserve for the Council Contingency Fund was unattached. No mention was made at that time that the Utilities Department would require $72,900 of this money to implement Arthur Young & Company recommendations and that perhaps the problem is in the budgetary process itself. Mr. Hoyt indicated that his Department did submit a list of those items riley would like carried forward. Councilman Seymour remarked that the Council expected this $72,900 to be available to off-set the electrical rate increase which is undoubtedly forthcoming. Mr. Hoyt and Mr. Watts gave a brief status report on the rate increase situation and generally indicated they believed that Southern California Edison will file an increase by November 30, 1975. The City will know within 30 days thereafter what the period of suspension will be. 75-S82 City ttall, Anaheim, California - COUNCIL :4IiiUTES - September 3,',~, 1975, 1:30 P.M. Councilman Seymour stated that he would personally prefer to delay action on appropriating the $72,900 for consulting services and training programs until the Council has some firm idea as to wi~at tl~e rate situation will be. This would mean continuing that decision until some time between December 1 and 31, 1~75. ~lr. tloyt advised that this would cause no immediate problem, but would delay implementation of the program. He added that if he had authorization to spend the $31,000 portion he would begin proceedings immediately to employ the Senior Systems Analyst and reclassify t1~e Associate position to full Engineer. As far as consulting services and training programs are concerned:however, tixey would not be ready to execute that portion of the program at this time even if they had the money in hand. Further discussion ensued regarding a possible delay of an additional four months for employment of the Senior Systems Analyst, during which Hr. Hoyt poixtted out that this would delay implementing parts of the program, especially the changes in the work management program, but that there are shifts in priority which could be made so that portions of the Arthur Young & Company reconnnendations could still be implemented. During the discussion it was suggested that the $31,000 could be transferred from tile Council Contingency Fund or tile General Fund. At the conclusion of discussion, Councilman Seymour stated that he would be in favor of deferring authorization for the entire expenditure ($103,900) to January 1, 1976 on the basis that it has bee~ indicated by the Utilities Director that the overall implementation program would not suffer if these expenses were deferred for that period. Mr. Hoyt clarified that in his opinion, that statement is true for Recommendation Nos. 1 and 2 as shown on the July 21, 1975 memorandum, but not in relation to Recommendation Nos. 3 and 4, which refer to the Senior Systems Analyst and upgrading of a job classification from Associate to Engineer. In order of priority, he remarked that he would rate the necessity of the Senior Systems Analyst first since he is the key to many other Arthur Young & Company recommendations to develop within the Department itself certain systems capabilities. Councilman Seymour indicated he would be amenable to approving funds for ~hat portion of the recommendation from tile Council Contingency Fund. Councilwoman Kaywood suggested that the Council reconsider passing the increases in sanitation fees on to the consumers since it appears as though the City cannot continue to absorb those increases. Councilman Seymour disagreed with this, pointing out that the deferral of the portion of these implementation expenses relating to consulting services and training programs will not deter implementation of other portions of the plan. He pointed out that the $3.6 million reserve for the Council Contingency Fund was promised to the citizens at the time of budget adoption and that by asking that trash increases be passed along, Councilwoman Kaywood is asking the Council to go back on their word. Councilwoman Kaywood pointed out that ti~ere would be cash savings from implementation of the Arthur Youn~ & Company recommendations. ~iOTIOl.:: Councilwoman Kaywood moved that the funds for employment of a Senior Systems Analyst as outlined in Recommendation No. 3 of Mr. Hoyt's memorandum dated July 21, 1975, be authorized from the Council Contingency Fund. Councilman Seymour seconded the motion. Councilman Thom voted "no". ~OTION CARRIED. MOTION: Councilman Seymour moved that the decision on expenditure of $72,900 as outlined in Recommendation Nos. 1 and 2 of Mr. Hoyt~s memorandum of July 21, 1975, be postponed until January 1, 1976. Councilman Thom seconded tile motion. HOTION CAiLRI ED. There was brief discussion to clarify whether or not Councilwoman Kaywood intended in her motion to approve expenditure of funds for a Senior Systems Analyst, to also include the $3,000 necessary (per Recommendation No. 4) to 75-883 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - September 30;. 1975; 1:30 P.M. reclassify the Electrical Engineering Associate position to Electrical Engineer, and Councilwoman Kaywood reported that she had meant to include only $2&,000 for employment of the Analyst. During the discussion Mr. Hoyt advised that since the Department would most likely not be able to complete recruitment and hiring for the Senior Systems Analyst position until December, at which time there will be only six months remaining in the current fiscal year, he would be able to fill this position with an expenditure of $14,00~. MOTION: Councilwoman Kaywood thereupon moved that the previous motion authorizing expenditure from the Council Contingency Fund to employ a Senior Systems Analyst be rescinded; and that the sum of $14,000 be authorized from the Council Contingency Fund to finance the employment of a Senior Systems Analyst in the Utilities Department for the last six months of the current fiscal year. Councilman Seymour seconded the motion. Councilman Thom voted "no". MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 74-75-41: Application by Nor'East Plaza, L~d., requesting a change in zone from CL and CH to ~q-1200 to establish a seven-(7) lot subdivision on the west side of Kraemer Boulevard between Crowther Avenue and Orangethorpe Avenue, was submitted, together with Tentative Map, Tract No. 8710 and application for exemption status from the requirement to prepare an environmental impact report. Firs. Roberts reported that a letter had been received in the City Clerk's Office from Mark D. Leff, Nor'East Plaza, Ltd., dated September 24, 1975 requesting a continuation of the public hearing on Reclassification No. 74-75-41 and consideration of the tentative map for a period of 30 days. On motion by Councilman Pebley, seconded by Councilman Sneegas, public hearing on Reclassification No. 74-75-41 and action on Tentative Map, Tract No. 8710 was continued to the meeting of October 28, 1975. i~IOTION CARRIED. COUNCIL POLICY - SOUI~ ATTENUATION Ii~ RE~..IDENTIAL. DEVELOPMENTS: (Continued from the meetings of July 29, August 19, and September 9, 1975.) Proposed City Council policy on Sound Attenuation in residential developments was submitted for Council consideration as recommended by the City Planning Commission, together with correspondence from J. J. Van Houten & Associates, Consulting Engineers in Acoustics, 16~1 West Broadway, Anaheim, 92802. Councilwoman ¥~ywood pointed out several changes to the policy as proposed and recon~ended by the City Planning Commission, and with the concurrence of Mr. Kelley of the Planning Department and the City Council l.lembers, these amendments were incorporated into the policy. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the following amended policy on Sound Attenuation in residential developments was adopted as Council Policy No. 542: "It is the policy of the City Council that a noise level analysis shall be performed for any proposed residential development located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, primary arterial highway or railroad. The following noise attenuation features shall be incorporated in these residential developments as required to reduce the noise levels as indicated. 1. In single-family residential developments located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, or primary arterial highway there shall be a sound barrier capable of reducing the sound of motor vehicles to a maximum of 65 dB CNEL at any point six (6) feet above ground level within the development. The sound barrier shall consist of an earth berm, a masonry wall or a combination thereof, provided that a masonry wall which is used as a sound barrier shall not exceed six (6) feet in height. Where vehicular or pedestrian access through the barrier is permitted gates or baffles may be provided; however, said access shall be designed to minimize sound transmission. 2. In multiple-family residential developments located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, or primary arterial highway, there shall be a sound barrier capable of 75-884 City ~tall~ Anaheim~ California - COUNCIL MINUTES - September 30~ 1975~ 1:30 P.M. reducing the sound of motor vehicles to a maximum of 65 db CNEL at any point six (6) feet above ground level in all exterior areas other than ariveways, carports and parking areas. The sound barrier may consist of an earth berm, a masonry wall, or any portion of the structure. 3. No habitable residential structure shall be located less than one hundred (100) feet from a railroad track. 4. In all residential developments located within six lxundred (600) feet of a railroad track, there shall be a sound barrier which will provide line-of- sight shielding from all points eight (8) feet above the tracks to the eaves of all habitable structures located within six hundred (600) feet of the tracks. The sound barrier shall consist of an earth berm, a masonry wall, or a com- bination thereof. A masonry wall which is used as a sound barrier shall be no more than six (6) feet high. Where vehicular or pedestrian access through ti~e barrier is permitted, gates or baffles may be provided; however, said access shall be designed to minimize sound transmission. 5. Residential structures shall be designated to limit the interior noise caused by motor vehicles or railroad trains to a maximum of 45 db CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra- strength windows, wall and ceilin~ insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required noise level, means shall be provided for ventilation/cooling to pro- vide a habitable environment." MOTION CARRIED. TASK FORCE - PERMANENT CULTURAL ARTS FACILITY: A list of organizations interested in being represented on a task force to study the possibility of a permanent Cultural Arts Facility in the City of Anaheim, continued from the meeting of July 8, 1975, was resubmitted. Councilwoman Kaywood indicated that she still felt there were organiza- tions which would be interested in serving on this task force but have not responded because they go "dark" during the summer months and their activities have just commenced for this year. She requested, as a Member, that one organization in particular, the Ebell Club of Anaheim, be added to the list. Councilwoman Kaywood further noted that the Cultural Arts Commission is plan- ning to conduct a meeting on 1,~nday, October 6, 1975, to discuss this subject and has invited culturally oriented groups from the City of Anaheim to attend. She felt it would be more appropriate to consider the list for appointments to a task force following this meeting and after the various organizations are fully active and into the fall season. Councilwoman Kaywood thereupon moved that consideration of the list of organizations interested in representation on the task force to study a permanent Cultural Arts Facility be continued to the meeting of October 14, 1975. Councilman Seymour seconded the motion. MOTION CARRIED. WE T.I.P. PROGRAM; Pursuant to Council's direction given at the meeting of September 9, 1975, an evaluation of the We T.I.P. Program prepared by the Anaheim Police Department was submitted for Council consideration, recommending that the City Council approve an agreement for promotional materials in an amount not to exceed $1,000.00 to urge citizen participation in said program. Councilman Seymour noted that some time during the past two weeks he heard a news broadcast relative to Federal funds being withdrawn from a program with a similar function and purpose as We T.I.P. because of its inactivity. Prior to acting on the agreement, he suggested clarification to ensure that it is not the same program which the City is considering. Since Mr. Brownell, representative of We T.I.P. was not in~ediately available, the item was held over. Later in the meeting, Mr. Brownell was queried regarding the inactive program from which Federal funds were being withdrawn and he advised that this was the "Heroin Hot Line" which is often confused with We T.I.P. He stated that the We T.I.P. Program had never received any Federal funds directly, but 75-885 Ci. ty l~all; Anaheim; California - COUNCIL MINUTES - September 30~ 1975~ 1:30 P.M. that the County of Los Angeles did approve $15,000 in Federal Revenue Sharing Funds for promotion of their program. On motion by Councilman Sneegas, seconded by Councilman Pebley, the City Attorney was instructed to prepare an agreement with We T.I.P. for promotional materials in an amount not to exceed $1,000. MOTION CARRIED. CONSEI~ CALENDAR ITEMS: On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CORRESPOWOENCE: The following correspondence was ordered received and filed: a. City of Santa Ana- Resolution No. 75-138 - Supporting the extension of Route 57 south to the Corona Del Mar' Freeway via the Santa Aha River Corridor. b. Intergovernmental Coordinating Council of Orange County: Newport Beach Resolution Nos. 8574 and 8575 Anaheim Resolution No. 75R-432 Newport Beach letter to State Senate Judiciary Committee Seal Beach Resolution No. 2480 c. Anaheim Public Library Board - Highlights and Minutes, August 18, 1975. d. Community Redevelopment Commission - Minutes - August 27, 1975. e. PAC (Alpha) - Minutes - August 12 and August 26, 1975. f. Parks and Recreation Commission - Minutes - August 21, 1975. g. Financial and Operating Reports for the month of August, 1975 for the Library and the Engineering Division. h. Orange County Health Planning Council - Call for nominations for Assembly At-Large positions and Board of Directors for the Health Planning Council. 2. SCHEDULED FOR PUBLIC HEARING: Subdivision Map Act Ordinance to consider repealing Chapter 17.08 of the Anaheim Municipal Code and adding a new Chapter 17.08 relating to subdivisions, was scheduled for public hearing, October 14, 1975 at 2:30 P.M. MOTION CAPdtIED. APPLICATIONS FOR LEAVE TO PRESENT LATE CLAIM: On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, the following applications for leave to present late claim were denied as recommended by the City Attorney's Office: a. Application for leave to present late claim filed by Daniel Lispi, Attorney on behalf of John Gagnon for damages purportedly sustained on or about August 16, 1974. b. Application for leave to present late claim filed by William Sheffield, Attorney on behalf of Calvin and LaResta Posey for personal injuries and damages purportedly sustained from or about August, 1974 through February, 1975. MOTION CARRIED. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Sneegas, seconded by Councilwoman Kaywood: a. Claim submitted by Mrs. William A. Keeling, Jr., for injuries purportedly sustained as a result of condition of stairway at the Convention Center, on or about June 27, 1975. b. Claim submitted by Foye R. Crooks, on behalf of John D. Crooks, a minor, for injuries purportedly sustained as a result of being struck by vehicle, on or about August 26, 1975. c. Claim submitted by Dr. Daniel W. Berry for damage purportedly sustained as a result of electrical failure by the City of Anaheim, on or about September 16, 1975. MOTION CARRIED. 75-006 City hall~ Anaheim, California - COU~'~CIL I',ilY~CTES - September 30, 197~ 1:30 P.M. RESOLUTIOi~ NOS. 75R-515 THROUGti 75R-517: Councilwoman Kaywood offered Resolution Nos. 75R-515 through 75R-517, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnis~ed each Council Member and as listed on the Consent Calendar Agenda. I{efer to Resolution Book. RESOLUTION NO. 75R-515 - DEEDS OF EASEi~1ENT: A RESOLUTIOli OF ThE CITY COUNCIL OF THE CITY OF ANAHEI.~{ ACCEPTING CEIiTAIi~ DEEDS AND ORDEtiIi~G THEIR RECORDATION. (Gilliland and Dunham, et al.; D~lnn Business Parks; Jed Development, Inc.; Pew Construction Company; Chester I. and Vista Fae Whitten; Umenori and Kiyoko Hatanaka; Eugene E. and Charlotte M. ~awkins; Eugene E. and Cl~ariotte i.I. Hawkins; Barbara M. Fitzpatrick; Andrew and Rita I~{urillo; Betty J. Booth; Billie P. Anderson; Marie E. horton; William J. and Susan Talevich; Harold V. and KaChleen E. Kogler; Agnes Tharp; Ethel L. Penfield; Leroy S. and Ellen B. Freer; Patricia A. Rau; Ernest L. and Irene C. Hubert) RESOLUTIOi~ NO. 75R-516 - WORK ORDER NO. 745-B: A RESOLUTION OF ThE CITY COU~CIL OF THE CITY OF ANAHEIi[ FINALLY ACCEPTING THE COI.IPLETION AND Tiie FURi~ISHING OF ALL PLANT, LABOR, SERVICES, IbiTERIALS AND EQUIPMENT AND ALL UTILITIES AND TP~NSPORTATION INCLUDI>~G POWER, FUEL AND WATER, AND THE PLRFOR- ~tANCE OF ALL WORK NECESSARY TO CONSTRUCT Ai. CO CO>~LETE Ti~L EOLLOWIi,~G PUBLIC I~PROV~ENT, TO WIT; THE IiLPROVEi~Ei~T OF TUSTIi; AVENUE, S/O I~t PAI2~A AVENUE, I~ THE CITY OF ANAHEIM, WORK ORDER NO. 745-B. (Sully-Miller Contracting Company) RESOLUTION NO. 75R-517 - WORK ORDER NO. ~55: A RESOLUTION OF ThE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND TliE FURNISHI~{G OF ALL PLANT, LABOR, SERVICES, MATERIALS ANI) EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION Ii~CLUDING POWER, FUEL AND WATER, AND TH~ PERFOR>tANCE OF ALL WORK NECESSARY TO CONSTRUCT AI~) COMPLETE TIi£ FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LA PAI2.1A AVENqJE DRAINAGE I~ROV~'fE~T, 1,~0' E/O BLUE GUI4 STREET TO RIVERSIDE FREEWAY, IN THE CITY OF ANAHEI>~, WORK OPdOEP, NO. ~]55. (Poulsom-Crowiey Company) Roll Call Vote: AYES: COUNCIL M~'~BERS: Kaywood, Seymour, Pebley, Snecgas and Thom NOES: COUNCIL MEHBERS: None ABSENT: COUNCIL ME.~iBERS: None The Mayor declared Resolution Nos. 75R-515 through 75R-517, both inclusive, duly passed and adopted. RESOLUTIOi~ NO. 75R-518 - PROPOSED ABA~fDO~-IE!~.iT NO. 75-4A: Councilwoman Kaywood offered Resolution No. 75R-51~ for adoption. Refer to Resolution Book. A RE,5OLUTION OF THE CITY COUNCIL OF TttE CITY OF ANAhEL'.I OECLARIi;G ITS Ii~TENTION TO VACATE AND ABANDON CERTAIi~ REAL PROPERTY Ai~D FIXING A DATE FOR tiEARING THEREON. (75-4A, October 2.U, 1975, 2:30 P.M.; to abandon a portion of dedicated right-of-way o~ Serrano Avenue) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The ~.~ayor declared Resolution No. 75R-518 duly passed and adopted. PARCEL :tAP NO. 441 - POSTPONE~{ENT OF DP, AI~';AGE FEES: Communication from Cecil C. Wright, 60 Plaza, Orange, California, dated September 10, 1975, was submitted requesting that the City Council consider the postponement of drainage assess- ment fees in connection with Parcel Map No. 441, for 20 acres of property located at La Palma Avenue and Jefferson Street within the Anaheim Canyon Industrial Area. Council Members Seymour and Thom observed that obviously from the tenor of the communication it appears the applicant feels Council has established a precedent by allowing certain property owners in the Peralta Hills area to defer payment of drainage assessment fees until application for building permit. " 75-887 City Hall~ Anaheim~ California - COUNCIL MINUTES - Septemb. er 3~,)~ 1975~ 1:30 P.M. Councilman Seymour stated that he felt the Peralta Itills situation was unique and that no precedent had been estabiisi~ed. Councilman Thom concurred with this viewpoint, noting that the actions taken for that particular area were in an attempt to accommodate the people living there and resolve t~xe drainage problem as well. Mr. Cecil C. Wright, Attorney representing the developer of the above referenced property (Parcel Map No. 441) advised that the developer has been working on the problem of drainage on his property since August of 1974, the choices being to put in his own drainage facilities at a cost o£ approximately $200,000 or include the 20-acre parcel in the Anaheim Canyon Industrial Orainage Area and pay the fees assessed in said area of approximately $2,000 per acre. Mr. Wright stressed that this particular drainage problem has not been created by the parcel which he represents, but rather by the City when they permitted in excess of 751 acres to be developed in the area without imposing any drainage fees whatsoever. Mr. Wright observed that it would be unfair to impose the total cost of drainage structures for the entire 2,346 acres on that undeveloped portion in private ownership which is comprised of 1,125 acres. He advised that the prop- erty he represents is comprised of 9 different parcels one of which is 7!~.~ acres in size. He stressed that the developer is asking that they be permitted an opportunity to file and record a parcel map and that the City impose the drain- age assessment fees as a condition precedent to obtaining a buildin~ permit. The developer would then pay proportionately the assessment which is due as each building permit is taken out. He remarked that if the developer is required, as under current policy, to pay the full drainage assessment first, in effect, his money is tied up for three years in the City Treasury since there is no drainage plan establisi~ed at this time, and the City could not begin on these improvements for approximately another three years, his clients would like to record their parcel maps and construct off-site and on-site improvements. They would not be improving parking lots or building structures at this point, and, in his opinion, would not be aggravating the drainage. problem. He remarked that the off-site improvements would probably alleviate the problem to some degree. In response to Councilman Seymour, the City Attorney explained that the reason the drainage fee policy was established so that the developer paid prior to filing the parcel map, was that administratively this would facilitate collection from one developer rather than the numerous own~ers of each individual lot when application for building permits were made. Councilwoman Kaywood left the Council Chamber. (2;55 P.M.) Mr. Wright concurred that it would be administratively difficult to collect drainage fees from individual property owners in residential sub- divisions, but pointed out that the industrial parcels he is referring to would be much larger in size. Councilman Seymour stated that contrary to his original statement, he felt there should be some latitude permitted so as to be equitable to the larger parcels. He also felt it should be taken into consideration that the days in development when a developer puts up acreage money and then is i~ediately able to build are past. The process is considerably more drawn out. He indicated that he felt the policy should be changed so that it accomplishes the City's administrative purpose, but at the same time does not tie up the developer's cash for a three-year period. Councilwoman Kaywood returned to the Council Chamber. (3:00 P.M.) Councilman Seymour moved that the decision on the request to postpone payment of drainage assessment fees on Parcel Map No. 441 be continued for two weeks to allow the City Attorney an opportunity to make recommendation to the Council regarding a more equitable policy of collecting drainage assessment fees for larger parcels of property. Councilwoman Kaywood seconded the motion. ~OTION CARRIED. Mr. Wright respectfully requested that his client have some relief on his problem this date since it is currently costing $8,000 per month in interest while waiting for a resolution of the problem. 75-888 .... - - City Hall, .~naheim, California COUNCIL b{Ii,IUTEg §eptember 30~ 1975, The City Council declined to take any action tills date, but advised Mr. Wright they would consider the matter upon receipt of the City Attorney's recommendation at the Council meeting of October 14, 1975. CHICANO PINTOS~ INC. DE CALIFORNIA: On motion by Councilwoman Kaywood, seconded by Councilman Pebley, tile request submitted by Ct~icano Fintos, Inc. De California for an opportunity to present their program ~oals and objectives w.'~s r~noved from the City Council Agenda as requested by said organization in their letter dated September 30, 1975, since they have determined they will locate in Santa Ana. MOTION CARRIED. ENVIRONMENTAL I.X~?ACT REPORT - NEGATIVE DECLARATION: (Gradinf: permit, 260 Peralta Way) As recommended by the City Planning Commission, on motion by Councilman Pebley, seconded by Councilman Snee.~;as, the City Council determined that the proposed grading in connection with construction of a single-family residence 260 Peralta Way will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. PETITION IN CONNECTION WITH RECLASSIFICATION NOS. 6i3-69-14 AND 74-75-22: Petition containing names of approximately 41 residents in Tract No. 6691 was submitted together with reports from the Planning Department, City Engineer and excerpt from the City Planning Commission meeting of September 29, 19'75 at which this matter was discussed. Tile petition requests that an eight-foot wall be constructed for privacy and protection and a section of planting be installed between the residential properties in said tract and the adjacent commercial development under construction. Further that the access from Gain Street onto Lincoln Avenue from Tract No. 6691 be closed and a retainin~ wall built with at least one opening to permit pedestrian access. Miss Santalahti reviewed the staff findings in connection with the reclassifications and read the recommendation made by the City Planning Com- mission at their Sept~nber 29, 1975 meeting, when the above referenced petition and complaints were aired. Councilman Pebley left the Council Chamber. (3:10 P.M.) In connection with the references made within tt~e text of the petition submitted, that a variance had been granted and that requirements for block wall and landscaping bypassed, Miss Santalahti advised ti~at she had reviewed the zoning actions on the property and has determined that the developer has not been granted any variances and intends to construct the commercial center in full conformance with the site developments of the CL Zone. She read the condition regarding the six-foot masonry wall and pointed out that it would be required to be built six feet above the highest grade level. She advised that the plans submitted in conjunction with Reclassification No. 74-75-22 indicate a new block wall to be constructed on the east property line and an existing six-foot block wall along the south property line, as weii as a ten-foot land- scaped buffer zone between the new private commercial alley and existing residential uses to the east and south. Regarding the request made by the property owners tt~at Gain Street access to Lincoln Avenue be terminated, Miss Santalahti related that in the original action to reclassify both the commercial and residential properties, the plans proposed did not show Gain opening onto Lincoln Avenue. tiowever staff recom- mendations presented at the Planning Commission public nearing were that Gain Street be extended through to Lincoln Avenue for adequate access and vehicular circulation and the subsequent tract map did include this access point. She reported that the City Traffic Engineer has reviewed the situation currently and made recommendation (pursuant to the City Engineer's report dated September 30, 1975) that Gain Street not be closed to througi~ traffic due to the need for local traffic circulation and prevention of additional left-turns at arterial street intersections. Councilman Pebley returned to the Council Chamber. (3:15 P.M.) Mayor Thom recognized Mrs. Nancy Brown, 2513 Chain Avenue, Anai~eim, representing tile property owners in Saddleback Homes, Tract No. 6691. Hrs. Brown exhibited photographs of the existing block wall in question for Council review and reported that their complaint is that because of a 75-889 City Hall~ Anaheim~ California - COUNCIL MINUTE§ - §~pt~mb~r 30, 1975, 1:30 ?.M. differentiation in grade levels between the residential and commercial property, tile existing fence provides neither tile privacy nor 8ecurity which were intended. In addition, si-~e pointed out that this wall is very unsound and is, in fact, ready to collapse. She remarked that the area residents are concerned that if a substantial eight-foot wall is not provided, their homes will be open to burglaries because of the easy access provided by the com- mercial alley to be constructed adjacent to their property. In response to Council questions, Mrs. Brox~ advised t~at the wall under discussion was constructed by th~ developer of the residential subdivision and is located on their property. Councilman Seymour pointed out that the commercial developer, in order to meet Code requirements, will have to construct a wall which is six feet from the highest property level; that tile City is assured he will do this before occupancy of the commercial development occurs because the City Building Inspector will not issue final building' clearance unless this Code requirement, among others, is met. ~,~r. Watts reported that measurements were taken by the Building Division from the residential side of the existing fence which indicates there is a grade differentiation anywhere from six to nine inches. Mrs. Brown stated that the residents would like to have an eight-foot high wall which would then be at least seven feet on their side, not only for pro- tection, but because of the noise which will be emitted by delivery and garbage trucks utilizing the commercial alley. Councilman Seymour explained that the Code requirement is six feet from the highest property level and that is all the City has the right to enforce. In reference to remarks in the petition about the homeowners being bypassed, he pointed out that these zoning actions took place at noticed public hearings and it would be unfair to now change the conditions of approval imposed on the developer at that time, Mrs. Brown repeated the request set forth in the petition t~at Gain Street between Tract No. 6691 and Lincoln Avenue be closed and remarked that in her opinion the only pUrpose this street serves is to provide a speedway for teenage drivers. She advised that the residents consider this traffic a n~isance and desire closure of the street from Lincoln Avenue. !',~r. Andrew Kulyis, 129 South Hampton, Anaheim, advised that he live8 at the end of Gain Street at the point that it separates into access for Chain and Gain; tile portion of Gain Street the residents wish closed ends at his prop- erty. He advised that he has put up a steel reinforced block wall to i~sure against entry of a vehicle into his rear yard but still does not feel protected against this possibility. Mr. Kulyis stated that when they purchaseq, their home, it was with the assurance that Gain Street would not be a through street. I{e stated that he has cheCked City maps on two occasions which disclosed no access to Lincoln Avenue from Gain Street and remarked that he felt the area residents should have been advised that it was intended to be a through street. Mr. Kulyis explained that he is a Captain in the Los Angeles Fire Depart- ment and from his experience, he could advise Council that the Gain Street entrance to their tract would not be used by the Anaheim Fire Department to enter Tract No. 6691. He reported that the first in-company would come from tile south off of Orange Street and the next in-company would come from Brookhurst at Crescent and could just as easily enter from Broadway. ~.-lr. Kulyis also advised that the stop sign placed at the corner has not alleviated the situation since few seem to heed it. lie urged teat the Council consider the homeowners~ request to close the street, as the shopping center which is currently under construction will compound the problem the homeowners now face. In response to Mr. Kulyis, Mayor Thom pointed out that the two zoning actions taken on this property were both accomplished at public hearings. 75-~90 Cit..y tiall~ Anaheim~ California- COUNCIL HIi'~UTES - ~ej~tember 30;, .1975~ 1:30 P.M. Councilman Seymour remarked that he is familiar witl~ the traffic circulation pattern on Gain Street into this particular tract and feels that the request to close off access should be given consideration, lie noted that ti~ere are similar street configurations in other tracts and in each case a problem has been created. In this particular case, since the tract truly circulates only its own traffic in the "U" shaped street pattern, an~ there is Gilbert Street to the east and ~,{agnolia Avenue to tt~e west~ this access point to Lincoln Avenue is really not needed. Councilman Pebley left the Council Chamber. (3:30 P.M.) Councilman Seymour pointed out on a quarter section map that tracts larger than No. 6691 have only two access points and voiced the opinion that the negatives in this situation, i.e., the two sharp turns and speedin~; traffic far outweigh the positive aspects. He stated that thc only effect i~e could anticipate from closing this access point would be some additional traffic on Gilbert anti :.Iagnolia, but felt that this would be well worth the price to protect the residential environment of Tract No. 6691. Councilman Pebley returned to the Council Chamber. (3:33 P.I,I.) In response to Councilman Seymour, Mr. Watts advised that the appropriate procedure to accomplish the closure would be to abandon ti~e portion of the public street located between Chain Street and the northerly boundary of Tract No. 6691. Iie noted that usually in an abandomnent proceeding, if an easement was granted this City for the Gain Street right-of-way, the fee own~ership would revert to ti~e two abutting property owners who ~ould then be responsible for removal of curbs and gutters and any other improvements. In response to comments from an unidentified ].ady in ti~e audience, Mr. Watts indicated that if a new wall is constructed adjacent to the commercial alleyway, it would undoubtedly l~ave to be a standard engineered wall. :tr. DeCell, 4941 Orange, Cypress, developer of thc commercial property north and west of Tract No. 6(i91, explaineq that the residential lots abutting his property ~,ere backfilled w!~en the homes were constructed and for this reason there is a grade differential. [lis property does not go below the footings of the existing fence to the east. [.fr. I)eCell indicated that one of the reasons the fence is weakening is that at 2513 Chain Avenue a 12- to 14- inch back planter wall has been constructed and filled with dirt above the grade level of his adjacent property. When this planter area is watered, it develops a hydrant head of water pressure which inundates the footings of the wall and consequently water drains across his property. ~,Ir. DeCell explained his development plans and how he intends to comply with site development standards as required by the City. tle stressed t}~at there will be a six-foot wall, a 10-foot landscaped area between t~e adjacent residents and the alley, and there will be 20 feet between the homes and nearest comtercial building wall. Ife remarked that this is clearly indicated on his plans. Development plans were reviewed by the Council i,lembers and the la~dscaping and wall provisions to be accomplished by the developer were explained to interested homeowners. Mr. DeCell and the homeowners participated in a discussion as to whether or not he would be able to utilize the existing wall on the residential property line and add masonry blocks or other materials to meet the Code requirement of a six-foot high wall measured from the highest pr-operty elevation. l.layor Thom advised that this was a matter to be resolved between the developer and the adjacent property owners, that the only requirement the City has in the matter is that the six-foot wall be provided and that it be actually six feet from the highest property elevation. Councilman Sneegas exhorted boti~ parties to use good sense and attempt to find a compromise agreement which would be to the benefit of all. lte pointed out that two fences back-to-back would not create the best situation for either the residential property owners or tl~e developer. City Hallx Anaheim~ California - COUi~CIL ~iIi'~UTES - Sept..ember 3,3~ 1975.~ 1:30 P.~'4. RESOLUTION NO. 75R-519: Councilman Seymour offered Resolution 2~o. 75R-519 for adoption. Refer to Resolution Book. A RESOLUTIO~ OF THE CITY COUNCIL OF Tile CITY OF A.~';AHEL'~! OECI~%RING ITS Ii~TEP~TION TO VACATE CERTAIN REAL PIiOP~RTY AND FIXING A DATE FOR I~EAiilNG THLREO~,~. (Gain Street between Chain Street and the northerly boundary of Tract No. 6991; November 1~8, 1975, 2:30 P.M.) Roll Call Vote: AYES; COUNCIL MEi~ERS: Kaywood, Seymour, Pebiey, Sneegas and Thom i~OES: COUNCIL ~{~IBERS: None ABSE~T: COUNCIL ~.~,~BEKS: None The ~.-layor declared Resolution No. 75R-519 duly passed and adopted. ~Ir. DeCell interjected several comments and questions relative to the abandonment procedure itself and details such as the removal of curbs and gutters and drainage, and was assured by Council i[embers that he would have ample opportunity to discuss his concerns and to present petitions at the abandonment heari[~%. Councilman Seymour left the Council Chamber. (4:03 P.M.) AWAI~ OF CONTRACT - WORK ORDER NO. 1255: In reply to Councilwoman Kaywood, the City Engineer recommended that the low bid submitted by James H. Kitchens be rejected and that the award be made to the second low bidder, Brage Constructi. on Company, Inc. Mr. Maddox advised that the James ~i. Kitchens representative indicated he was accustomed to bidding on the basis of pipe in place, including resurfacing, and he inadvertently subtracted $2.00 per linear foot from the pipe cost, which caused the significant difference between his bid and the others submitted. Mr. Maddox advised that they attempted to obtain working papers to substantiate this statement, but were unable to do so because the calculations were made on a pocket calculator, however they are inclined to believe this statement since there is such a difference between the Kitchens' ' bid and the remaining bids which tend to be in the same range. RESOLUTION NO. 75R-520: In accordance with the recommendation of the City Engineer, Councilwoman Kaywood offered Resolution No. 75R-520 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF TtiL CITY OF A~kHEIM ACCEPTING A SEALED PRO- POSAL AND AWAPdDING A COI%~rRACT TO TI{E LOWEST RESPONSIBLE BIDDER FOR TIlE FURNISH- Ii.~G OF ALL PLANT, .LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES A~ TiPE]SPORTATION, INCLUDING POWER, FUEL Ab~ WATER, AND PERFORI4ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE Tile FOLLOWING PUBLIC I~[PROVE/~Ei'~T; THE i~'!OI{LER DRIVE AND COUI~I'RY HILL ROAD SEWER L'fPROVDIENT, IN TtiE CI2~f OF A~NAHEIi~,I, WOIIK OILDER NO. 1255. (Brage Construction Company, Inc. - $5~,706.Z0) Roll Call Vote: AYES: COUNCIL ME~IBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MD~ERS: None ~i~POF~kRILY ABSEi~: COUNCIL M~{BERS: Seymour ABSEi~: COUNCIL M~IBERS: None The Mayor declared Resolution No. 75R-529 duly passed and adopted. PURChaSE OF E~UIPMEI~ - ONE SUBCOMPACT AUTOMOBILE: The Interim Assistant City ~anager reported on informal bids received for the purchase of one three-door subcompact automobile for use by the Customer Service Division and evaluation by the ~{echanical ~intenance Division. He recommended acceptance of the low bid submitted by Anaheim American Motors. On motion by Councilman Pebley, seconded by Councilman Sneegas, the low bid of Anaheim American Motors was accepted and purchase authorized in the amount of $3,399.63, including tax. Councilman Seymour temporarily absent. ~[OTIOi~ CARRIED. 75-892 City ttal!~ Anaheim~ California COU:~CIL ,'-II~,[UT]']S - ~oeptem~er ~0~ 197 ~ .... OPd)INAJ~CE NO. 3465: Councilman Thom offered Or~-]~.nance >lo. 3,'~65 for adoption. Refer to Ordinance Book. Ai~ ORDINANCE OF THE CI~ OF ANAHEI>~ ~Ei,~]3I]'~G TITLE 1.~ OF T~E ANAHEI~,I ~{Ui~ICIPAL CODE RELATIi~G TO ZONING. (72-73-4~ (1), 11S-72q9) Roll Call Vote: AYES: COUNCIL MEiIBEiIS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL 2{E!'.'~ERS: i'~one IIPOPu~RILY ABSENT: COUNCIL I,I~'~ERS: Seymour ABSENT: COUNCIL II~'IBERS: None The ~.layor declared Ordinance No. 75465 duly passed and adopted. ORDIt.~AiICE NO. 3466: Councilman Sneegas offered Ordinance ~4o. 3460 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CI2Y OF ANAItEI>I ~[ENDING TITLE 1S OF THE ANAIiEIi,I ~,~NICIPAL CODE RELATING TO ZONING. (74-75-35, RS-A-43,000, Frontera No. 1 Annexation) Roll Call Vote: AYES: COUNCIL ME~.~ERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL M~.{BERS: None 5'IPO~ILY ABSENT: COUNCIL MEMBERS: Seymour ABSEi~: COUNCIL MEi,~ERS: None The Mayor declared Ordinance 2,Io. 3466 duly passed and adopted. Councilman Se~our returned to the Council Chamber. (4:63 P.M.) ORDINanCE NO. 3467: Councilman Pebley offered Ordinance i'4o. 3467 for adoption. Refer to Ordinance Book. Ai~ ORDIi~ANCE OF THE CI~ OF ANAitEIi~i ~'IE!]DIi~G TITLE 13 OF TtiE ANAtlEII. i i~i,~ICIPAL CODE RELATING TO ZONING. (65-66-63 (5), C-O) Roll Call Vote: AYES: COUNCIL MEi~ERS: ~ywood, Se~our, Pebley, Sneegas and Thom NOES: COUNCIL MEiIBERS: None ABSEi~T: COUNCIL M~IBERS: None The Mayor declared Ordinance No. 3467 duly passed and adopted. OP~Ii~ANCE NO. 3468: Councilwoman Kaywood offered Ordinance No. 346S for adoption. Refer to Ordinance Book. AN 0P~INANCE 0F TIlE GI~ 0F ANAHEIm'! ~Ei{DING TITLE 18 OF THE ANAtiEIH ~'~NICIPAL CODE RE~TING TO ZONING. (70-71-59 (1), RS-A-43,O00, Orangethorpe-Nixon Freeway Annexation) Roll Call Vote: AYES: COUNCIL !.I~-~ERS: Kaywood, Se~our, Pebley, Sneegas and Thom NOES: COUNCIL MEPlBERS: None ABSEi~T: COUNCIL MEI,~ERS: None The >Iayor declared Ordinance No. 346':i', duly passed and adopted. OI~IN~2{CE NO. 3469: Councilman Sneegas offered Ordinance No. 3469 for first r cad ing. 75-893 City liall~ Anaheim~ California - COUNCIL MINUTES - September 30, 1975, 1:30 P.M. Ai~ ORDIi~ANCE OF TliE CITY OF AiiAHEIM REPEALING TITLE 6, Ct~,PTEF. 6.60, SECTIONS 6. 60. 0~0,~-~ 6.60.050, 6.60.060 AND ADDING TIiERETO NEW SLCTIOI.~S 6. ,.~0. 020, 6..60.050 AND 0.60.060 OF THE ANAHEIH i~[UNICIPAL CODE RELATING TO FLIES. ORDIi~ANCE NO. 3470: Councilman Sneegas offered Ordinance ~o. 347o for first read lng. AN ORDINANCE OF TIlE CI2~f OF ANAHEI~ Ai{ENDIi~G TITLE 1[; OF Till ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-6~,-24 (20), ML) OtlDIliANCE NO. 3471: Councilman Sneegas offered Ordinance No. 3471 for first reading. AN ORDINANC£ OF THE CI~fY OF ANAliEI;.[ AMLNDING TITLE 15 OF TiYL ANAHEIi'.I I'~NICIPAL CODE RELATINC TO ZONING. (73-74-6.0, Pall-1200) OFF-SITL TPJkCT SIGNS: Councilwoman Kaywood suggested that the City investigate the advisability of increasing the bond amounts to be posted for removal of off-site tract signs since, as it has been disclosed previously, the $100 presently required does not even cover the cost of removal. She voiced the opittion that a higher bond amount would provide some incentive for thc developer to remove his own signs. Following brief discussion, by general consent the Council directed staff to investigate the costs ~f using City forces to remove off-site tract signs and make recommendations as to whether or not the amount of the $100 cash bond should be increased. STATUS OF REVISED FLOOD IhIZARD AREA MAPS: In response to Councilwoman Kaywood's comment that the City of Santa Aha nad received their revised maps, Hr. Don HcDaniel reported that he had con~acted the consultant, ~.lichael Baker, Jr., yesterday and was advised that the City should receive the maps by the end of the week. Following brief discussion relative to what efforgs the City might take toward securing these revised maps, on motion by Councilman Seymour, seconded by Councilman Thom, Councilwoman Kaywood was auti~orized to call the Office of the President, collect, to express the frustrations experienced by tee City Council in this matter. MOTION CARRIED. ANAhEIi[ CltA~IBEK OF COi.fi,~ERCE - RESOLUTION: Councilwoman Kaywood read a resolution received from the Anaheim Chamber of Commerce which recognizes their responsi- bility in aiding the City Council to seek an alternative to the Admission- ~nusement Tax. PEi~iISSIOi; TO LEAVE THE STATE - COUNCII~LAN SEYMOUR: On motion by Councilman Pebley, seconded by Councilman Thom, Councilman Seymour was granted permission to leave the State for 90 days. HOTION CARRIED. i(LCESS - ~,ECUTIVE SESSION; Councilman Sneegas moved to recess to Lxecutive Session. Councilman Pebley seconded the motion. MOTION CARRIED. (4:10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all i.lembers of the City Council being present. (4:29 P.M.) AOJOUKNilENT; Councilwoman Kaywood moved to adjourn to Thursday, October 2, 1975, 7:00 P.M., at the ~.ianagement Control Center. Councilman Sey~aour seconded the motion. MOTION CARRIED. Adjourned: 4:30 P.H. ALO:[A H. HOUGARD, CI~f CLERK Deputy