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1974/01/15City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1.30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley,, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Alan R. Watts CITY CLERK: Alone M. Farrens FINANCE D IREC'IOR : M . R . Ringer STADIUM-CONVENTION CENTER DIRECI~O'R: T. F. Liegler CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVEIAPMENT SERVICES: Ronald Thompson ~. Mayor Dutton called the meeting to order. INVOCATION: Reverend John Fast of the Trinity United Methodist Church gave the Invocation. FLAG SALUZE: Councilman Ralph G. Sneegas led the A ssembly in the Pledge of Allegiance to the Flag.- VOLUNTARY ENERGY CONSERVATION PROGRAM - ANAHEIM CHAMBER OF COMMERCE : Mr. Joe Wade, 1747 South Walnut Street, President of the Anaheim Chamber of Commerce advised that the Chamber felt it is essential that the Council be acquainted with the electrical energy conservation plan called "The Anaheim Plan", which was formulated by the business commun- ity in a voluntary, cooperative effort. He advised that the Chamber feels this to be a better approach to conservation than City or power company directives as have been implemented in LAS Angeles, since such ordinances and regulations usually do not gain cooperation, but create resentment, as witnessed by the 200,000 plus variance requests, which made the Los Angeles directive unworkable. The Chamber is of the opinion that a direct voluntary effort from the citizens and the var- ious sectors of the business community, each of which is aware of his own unique situation, produces a workable plan. 74 -41 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. Mr. Wade related that "The Anaheim Plan" has received broad recog- nition, locally, Statewide and Nationally, and has inspired many other cities to emulate these efforts and initiate their own energy conservation plan. He introduced Mr. Merrill Skillings,Director of the Anaheim Chamber of Commerce Energy Conservation Plan to explain the approach and to answer questions. Mr. Skillings explained that the word "voluntary" is the key to the concept which was utilized. He advised that the scope of the con- servation plan, which initially dealt only with consumption of electrical energy, has now been expanded to include transportation and heating fuels. He reported that the Energy Task Force has been organized and operating since October of 1973 and has subdivided into the following Committees: The Commercial Committee - James Webb, Pacific Telephone, Chairman; The Industrial Committee - Ed McCusker, Monsanto Corporation, Chairman; Hotel-Motel Committee - Dale Seiders, Sheraton Anaheim, Chairman; Recreational Committee - Phil Wackym, Disneyland Productions, Chairman; Residential Commit- tee - Dick Doyle, Anaheim Hills, Chairman; Retail Committee - Anthony Kropinak, The Broadway, Chairman. Mr. Skillings advised that these Chairman comprise the major portion of the Steering Committee, and in addition, Helen Budinger of the Southern California Gas Company, and Bob Borden, Home Oil Company, are serving in the capacity of advisors on Heating and Transportation Fuels. The members serving on the Committee from the City of Anaheim are Mr. Paul Hayes, Disaster Services and Mr. Henry C. Wiley, Mar- keting Services, Utilities Department, Mr. Skillings re- lated that it is through the competent and capable leadership of the individuals herein named that the City has developed a strong, agressive, voluntary conservation program. Since its inception in the latter part of October, the Committee has received pledges and conunitments for a savings of approximately 5 million kilowatt hours per month. Mr. Skillings noted that the ob- jective of the electrical +conservation program is to achieve a 15% total reduction in consumption of electrical energy. Using rough figures, Mr. Skillings explained that if the City of Anaheim is dis- tributing 120 million kilowatt hours per month, the goal therefor would be a reduction between 15 and 20 million kilowatt hours per month, and 1/3 of the goal has been achieved in two month's time. He remarked that the measurement which will become available shortly from the Electrical Utility will bear this out and will demonstrate the effects of the conservation program. He advised that the State Public Utilities Commission has also set a similar goal, requesting voluntary reduction in energy consumption. He pointed out that a voluntary effort brings forth a competitive spirit which reinforces individual cooperation. In many instances, he noted that people have found they can achieve the requested reduction merely by stop- ping the waste of energy. Mr, Skillings concluded by requesting, should it ever become neces- sary for the Council to prepare an ordinance regulating the use of energy, that the City Task Force be afforded an opportunity to par- ticipate in the preparation and planning of such an ordinance. He voiced the opinion that this should not be necessary since steps are being taken in this direction voluntarily. Furtiher he urged that if the City is forced to raise its electrical rates, that these be raised by the same increment to all classes of customers. Mayor Dutton commended Mr. Skillings and the Task Force members for doing such an exemplary job in the true free enterprise spirit. Councilman Pebley voiced the opinion that perhaps some of the re- duction experienced in consumption of electrical energy by industry is die to the fact that there have been many layoffs and that var- ious companies have cut back to 2/3 or I/2 of previous volumes. He related that from his personal experience some businesses dealing 74-42 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1.30 P.M. in plastics are not able to obtain these materials and are therefore forced to cutback. He further speculated on the validity of the cur- rent crisis situation in fuel supplies, noting that he has seen and heard conflicting reports on the seriousness of the situation. Mr. Skillings commented that his own firm, the Northrop Corporation, has increased employment 8% during the past year and has still been able to effect a 20% reduction in energy consumption as compared with the previous year by discontinuing wastefull practices. He -^, noted that pledges for reduction have been received from businesses which are in a stabilized or slightly expanding business picture. He concurred with Councilman Pebley that those businesses which are de- pendent upon plastics or other petroleum-related products confront a serious problem in securing sufficient materials. Mr. Skillings stated that he was in no position to be able to give any insight into the causes of the energy shortage but remarked that he is convienced that the demand for all types of fossil fuels has risen very sharply and this supply has not kept pace with the demand for many reasons. He noted that it is not within the scope of the energy conservation task force to analyze the problem or to pinpoint its sources in order to affix the blame, rather their concern, having recognized the problem exists, is to do.something about conserving the energy supply. Councilman Dutton offered the suggestion that much of the basis for conjecture is that the United States is perhaps the only country in the world that does not know what its actual oil reserves are. Further he pointed out that the oil companies have been subjected to restraints in the past few years which have prevented the development of new refineries as well as exploration for new oil fields. Add to this, the conditions of unprecedented demand for fuel oil and its byproducts and the current shortage is understandable. Councilman Sneegas commended the attitude expressed by Mr. Skillings, of attempting to cope with the problem rather than analyze its causes. Discussion ensued regarding the sudden onset of the present crisis during which several Councilmen pointed out that signs and symptoms of an impending crisis situation. were present for the past several years, however these were neither recognized nor heeded. Mr. Murdoch pointed out that there already exists in the Anaheim Municipal Code, pursuant to Title 10, Section 10.16.410, a mechanism which empowers the Utilities Director to draft Rules and Regulations governing the use of public utilities which would then be submitted to the City Council for adoption, hence an ordinance would not be re- quired, but the formulation of any such rules and regulations would be the appropriate area for participation by the Energy Task Force. Mr. Murdoch further commented regarding the impending electrical rate increases, that it hss been recommended so far, that these be increased to the same level as existing Edison rates for similar customer classes. If this recommendation is .implemented, an across-the-board equal in- crease as suggested by Mr. Skillings would not be the result. In addition, Mr. Murdoch noted that even bringing the Anaheim rates up to existing Edison rates will not recover the entire increased cost of electricity as filed before the Public Utilities Commission. Mr. Skillings contended that the industrial classes of electrical con- sumers are already carrying a larger share of the increased cost burden for energy and should not be asked to absorb additional increases which are proportionately higher than other customer classes. At the conclusion of discussion, no action was taken by the City Council. 74.-43 City Ha11, Anaheim, Californi8 - COUNCIL MINUTES - January 15, 1974, 1:30 P.L4. MINUTES: Minutes of the Anaheim City Council Regular Meetings held December 18, 1973 and December 26, 1973 and Adjourned Regular Meetings held December 18, 1973 and December 26, 1973 were approved on motion by Councilman Stephenson, seconded by Councilman Sneegas. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANC LPL DEMANDS AGAINST THE CITY: Demands against the City in the amount of 1,879,394.09, in accordance with the 1973-74 Budget, were approved. PUBLIC HEARING -MASTER PLAN FOR DRAINAGE FOR TIME CITY OF ANAHEIM: The proposed Master Plan for Drainage for the City of Anaheim, prepared by the Engineering Division, Department of Public Works, was submitted together with notice from the City Engineer that the Orange County Board of Supervisors by Resolution No. F-73-65, determined that said Master Plan for Drainage is in conformity with the General Plan of the Orange County Flood Control District. (Complete copy of the Master Plan for Drainage on file in the office of the City Clerk.) The City Planning Commission pursuant to Resolution No. PC 73-252, recommended said Master Plan for Drainage for the City of Anaheim be adopted by the City Council. The Mayor asked if anyone present wished to address the Council relative to the proposed Master Plan for Drainage; there being no response, declared the hearing closed. RESOLUTION N0. 74R-11: Councilman Dutton offered Resolution No. 74R-11 for adoption, adopting and approving the Master Plan for Drainage for the City of Anaheim, as submitted. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MASTER PLAN OF DRAINAGE FOR THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES : COUNCILMEN : None ABSENT : COUNCILMEN : None The Mayor declared Resolution No. 74R-11 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 73-74-26 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Orange County Flood Control District for change in zone from R-A to R-3 on property location at 650 South Knott Street, was submitted together with application for Exemption Declaration Status from filing of an environmental impact report. The City Planning Commission pursuant to Resolution No. PC73-254, recommended no E.I.R. be required and that the reclassification be approved, subject to the following conditions: 1. 't'hat trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 74-44 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. 5. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 6. That the turning radius in the carport and trash storage areas shall be resolved, as stipulated to by the petitioner prior to review by the City Council. 7. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 8. That Condition Nos. 1, 3, 4, 6 and 7, above mentioned, shall be complied with prior to final building and zoning inspections. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS : On motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the impact of said reclassification would environmental impact report or statement the finding of the City Council that be trivial in nature and that no is required. MOTION CARRIED. Mr. Ronald Thompson described the location of subject parcel, sur- rounding land uses and reported that the Planning Commission determined that the requested rezoning would be consistent with land use patterns on the General Plan and therefore have recommended approval. The Mayor asked if the Applicant or his Agent were present and satis- fied with the recommendations of the City Planning Commission. Mr. William S. Phelps, 1095 North Main Street, Orange, took exception to the dimensions required for turr_ing radius in the carport and trash storage areas of the proposed project. He advised that it has been recommended that he provide a 38-foot turn radius and noted that this has never been approved by Council as a City standard; that the standard remains at 27 feet, whereas the developer proposes a 29-foot turn radius. Mr. Ronald Thompson advised that Mr. Phelps is correct, presently the City standard requires a 27-foot turn radius and reported that although the Council adopted Revised Standards for Private Streets on September 25, 1973, the 27-foot standard was not amended at that time since no agreement could be reached as to what the appropriate standard should be. He noted that there has been an honest difference of opinion on the matter between the Sanitation Divi- sion and Mr. Phelps which has not been resolved to date although Condition No. 6 of the Planning Commission resolution does state that "the turning radius in the carport and trash storage areas shall be resolved as stipulated to by the Petitioner prior to review by the City Council." to him. Mr. Phelps remarked that the remainder of the conditions are acceptable Councilman Thom inquired as to the origination of the recommendation for a 38-foot turning radius, to which Mr. Thompson replied that this recommen- dation was made at the Interdepartmental Committee. meetings. Mr. Thompson fur- ther explained that the dimensions which constitute an adequate turnaround for trash vehicles have been a matter of contention for some time. The position taken by the Sanitation Division is that because of difficulties and lsw suits which have resulted from damage to property and parked vehicles allegedly caused by collisions with the trash trucks, that these trucks should not be required to back up in routine trash collection procedures, but rather that an adequate area (38-foot turn radius) which would permit a 360 degree revolution of the truck be provided. Councilman Pebley remarked that he is personally aware that the trash trucks have difficulties in backward maneuvers since such incidents have occurred on the cul-de-sac on which he lives. Councilman Thom summarized then that the Sanitation Division would like to obviate the necessity for a trash truck to use backing up maneuvers,. and in- quired whether any additional input has been received since the 27-foot turn radius criteria was established indicating that the size of the trash trucks has increased or other information which would justify the recommendation for a larger turn radius. 74-45 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. Mr. Thompson replied that he had no knowledge of change in size of the trucks and explained that in an attempt to resolve the situation, Develop- ment Services Department went as far as setting up a cul-de-sac situation in the Stadium parking lot and observing the trash trucks maneuver within an allotted space and from that exercise came up with the 38-foot radius. Mr. Phelps reiterated that this 38-foot requirement is only a recom- mendation, it is not established in the Site Development Standards or elsewhere in the City Code. He noted that the size and shape of subject parcel, being 131-feet wide with a maximum depth of 157 feet, would make it difficult to provide the requested 38-foot radius. He remarked that his proposal, as demon- strated by the plans submitted, allows 4,300-square feet within which the trash trucks could maneuver, and is only two feet short of establishing a hammerhead type of driveway, which is recognized by the City staff as a viable alternative in the type of development proposed. Councilman Dutton was of the opinion that if the City requires a 38-foot turn radius this should be established as a standard, otherwise the matter becomes arbitrary. He felt that the 38-foot radius requirement would use up an inordinate amount of property on smaller parcels just to provide space for trash trucks to maneuver. Plans submitted in conjunction with Reclassification No. 73-74-26 were reviewed at Council Table. Councilman Thom suggested that the Development Services Department staff attempt to formulate an acceptable width and recommend same for establish- ment in Site Development Standards. Mr. Murdoch pointed out that the width which is deemed to be accep- table would be dependent upon whether or not it is to be considered reasonable or unreasonable for trash trucks to back up in routine collections. If Council feels the trash truck cannot be expected to back up on cul-de-sacs, then the revised standard as recommended should be adopted, otherwise the present standard is adequate. Council discussion followed during which it was pointed out by Councilman Thom that even large cul-de-sacs may not be sufficient fora 360 degree rotation of a trash truck because the size of the cul-de-sac is dimin- ished by the width of any cars which may be parked in said cul-de-sac. At the conclusion of discussion the consensus of Council opinion was that it was not unreasonable to assume that the driver of a trash truck, who is assumed to have the ability to drive same in a safe manner in the for- ward direction, should be able to also operate the vehicle in the .reverse dir- ection in a safe manner. The Mayor asked if anyone else wished to address the Council either in favor or in opposition to the proposed reclassification; there being no response, declared the hearing closed. RESOLUTION N0. 74R-12: Councilman Pebley offered Resolution No. 74R-12 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as requested, subject to the conditions recommended by the City Planning Commission, with amendment to Condition No. 6 as follows: 6. That the turning radius in the carport and trash storage areas shall be 29 feet in width as indicated on the plans submitted and on file with the City of Anaheim marked Exhibit No. 1. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING 'PO ZONING SI~ULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SI-~ULD BE CHANGED. (73-74-26 - R-3) 74-46 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M, Roll Call Vote AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-12 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION N0. 73-74-34 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Initiated by the City Planning Commission for a change in zone from R-A and M-1 to PR (Public Recreation) for four publicly owned parcels of land as follows: Parcel No. 1 - known as the Anaheim Municipal Golf Course; Parcel No. 2 - known as the Anaheim Hills Golf Course; Parcel No. 3 - known as the Anaheim Convention Center; Parcel No. 4 - known as the Anaheim Stadium and submitted together with application for Exemption Declaration Status from filing of an environmental impact report. The City Planning Commission pursuant to Resolution No. PC 73-266, recommended that no environmental impact statement be required and that Reclass- ification No. 73-74-34 be approved unconditionally. ENVIRONMENTAL IMPACT STATEMENT EXEMPTION STATUS: On motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of said reclassification would be trivial in nature and that no environmental impact report or statement is required. MOTION CARRIED. The Mayor asked if anyone either in favor or opposition to the pro- posed reclassification wished to address the Council; there being no response, declared the hearing closed. RESOLUTION N0. 74R-13: Councilman Dutton offered Resolution No. 74R-13 for adoption, authorizing the preparation of the necessary ordinance, changing the zone as recommended by the City Planning Commission, unconditionally. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-34 - PR) Roll Ca11 Vote AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT; COUNCILMEN: None The Mayor declared Resolution No. 74R-13 duly passed and adopted. Councilman Thom requested that the record indicate that his "aye" vote on Resolution No. 74R-13 does not include Parcel No. 2 (Anaheim Hills Golf Course). ORDINANCE NO. 3253: Councilman Dutton offered Ordinance No. 3253 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-34 - PR) PRIVATE PATROL PERMIT - ADVICE SECURITY KORP.: Application filed by John H. Keeley, Advice Security Korp., 710 North Euclid, for commercial and industrial survey and guard service and private investigation within the City of Anaheim was submitted and granted, subject to provisions of Chapter 4.60 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Thom, seconded by Councilman Sneegas. MOTION CARRIED. ANAHEIM CONVENTION CENTER RATES: Recommended fee schedule changes for the Anaheim Convention Center proposed by the Stadium-Convention Center Director were 74-47 City Hall, Anaheim, California - COUNCIL 1`4INUTES - January 15 , 1974, 1:30 P.M. submitted for Council consideration and marked Exhibit No. 2, together with copy of present fee schedule marked Exhibit No. 1 and letter of January 7, 1974 from Mr. Liegler recommending that the new fee schedule (Exhibit No. 2) be made effective, if adopted, as of January 17, 1974, the dedication date for the South Exhibition Hall and California Room. City Attorney Watts recvctunended several wording changes to Exhibit No. 2 - "Anaheim Convention Center rental fee schedule" and reviewed these with Council. (Complete amended copy of said Exhibit No. 2 on file in the office of the City Clerk.) On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Council adopted the rate schedule proposed in Exhibit No. 2 for the Anaheim Convention Center as submitted, with the corrections outlined and recommended by the City Attorney; said rates to be effective January 17, 1974. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Action taken by the City Planning Commission at their meeting held December 27, 1973, pertaining to the following applications were submitted for City Council information and consideration: 1. CONDITIONAL USE PERMIT N0. 1444 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application by Brookmore Arms,.for conditional use permit to estab- lish an animal clinic on C-1 zoned property located at 936 South Brookhurst Street, north of Ball Road, was submitted together with application for Exemp- tion Declaration Status. The City Planning Commission pursuant to Resolution No. PC 73-264, recommended that no environmental impact report be required and granted said conditional use permit subject to conditions. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS : On motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the finding of the City Council that impact of said project would be trivial in nature and therefore no environ- mental impact report or statement is required. MOTION CARRIED. No. 1444. The City Council took no further action on Conditional Use Permit 2. VARIANCE N0. 1314, VARLANCE N0. 1465, CONDITIONAL USE PERMIT N0. 577 - TERMINATION: Request submitted by A. L. Rist for termination of Variance No. 1314, Variance No. 1465 and Conditional Use Permit No. 577 which apply to R-A zoned property, located on the north side of Katella Avenue, west of Clementine Street. The City Planning Commission pursuant to Resolution No. PC 73-267, terminated all proceedings under Variance No. 1314. The City Council took no further action on Variance No. 1314. The City Planning Commission pursuant to Resolution Nos. PC 73-268 and PC 73-269, terminated all proceedings under Variance No. 1465 and Condi- tional Use Permit No. 577, respectively. RESOLUTION NOS. 74R-14 AND 74R-15: Councilman Stephenson offered Resolution Nos. 74R-14 and 74R-15 for adoption. Refer to Resolution Book. RESOLUTION N0. 74R-14 - VARLANCE N0. 1465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNEC- TION WITH VARLANCE N0. 1465 AND DECLARING RESOLUTION N0. 62R-504 NULL AND VOID . RESOLUTION N0. 74R-15 - CONDITIONAL USE PERMIT N0. 577: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 577, AND DECLARING RESOLUTION N0. 64R-660 NULL AND VOID. 74-48 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution Nos. 74R-14 and 74R-15 duly passed and adopted. 3. FINAL MAP, TRACT N0. 8215 - MODIFICATION OF CONDITION: Request of James Rogers, Westfield Development Company, that the requirement for construction of a six-foot, decorative, masonry walland a six-foot decorative openwork wall be modified to permit construction of decorative wrought iron fence with wood post pylons 35-foot minimum on center, was submitted. This request pertains to Final Map, Tract No. 8215 which was approved for the development of 76 R-1 zoned lots to the south side of Canyon Rim Road, east of Nohl Ranch Road. The City Planning Commission, by motion, approved amendment to Condi- tion No. 3, which was imposed on approval of Final Map, Tract No. 8215. On motion by Councilman Pebley, seconded by Councilman Stephenson, the City Council sustained the action of the City Planning Commission in modifi- cation of Condition No. 3, Final Map, Tract No. 8215. MOTION CARRIED. 4. CONDITIONAL USE PERMIT N0. 1272 - REVISED PLANS: Revised plans were sub- mitted by O'Mera, Chandler Corporation for construction of two, two-story off- ice-complex structures containing a restaurant and coffee shop, a commercial bank, a savings and loan building and a private health club, on M-1 zoned pro- perty located south and east of the southeast corner of State College Boulevard and Ball Road. The City Planning Commission by motion, approved the revised plans as submitted, finding these to be substantially in conformance with the intent of the Commission's approval of Conditional Use Permit No. 1272. The City Council took no action on Conditional Use Permit No. 1272. 5. PROPOSED ELEMENTARY SCHOOL SITE ACQUISITION: Notice that the Placentia Unified School District intends to construct an elementary school on R-A zoned property, east of Fairmont Boulevard, north of La Palma Avenue and requests for approval of property acquisition for said use was submitted. The City Planning Commission, by motion, approved site acquisition for this purpose on the basis that public schools are permitted uses in the R-A zone. On motion by Councilman Dutton, seconded by Councilman, Stephenson, the City Council sustained the action of the City Planning Commission approving acquisition of the 8.6 acre school site, east of Fairmont Boulevard, north of I.a Palma Avenue, and on recommendation of the City Manager, requested that the Placentia Unified School District cooperate with the City of Anaheim Parks and Recreation Department as to site coordination. MOTION CARRIED. 6. REQUEST - CLARIFICATION OF SIGN ORDINANCE: Request from the QRS Corporation for clarification of the sign ordinance, to determine whether or not it would permit a proposed 25-foot high free-standing sign for the "Appliance Mart", 2952 West Lincoln Avenue, was submitted. Said sign consists of a 163-square £oot display surface with a "pole cover" covering two pipe structures which support the ~iisp~.ay pannel and is proposed to be located at the approximate center of the Lincolr: Avenue frontage. The City Planning Commission, by motion, sustained their original recommendation, allowing the 163-square foot display sign without the proposed pole cover. The Plans submitted by the Applicant for the proposed sign with pole cover were reviewed at Council Table. 74-49 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. Following review of the plans and discussion, it was the opinion of the City Council that the proposed pole cover might constitute a hazard since it would obstruct the visual distance for automobile traffic, and no further action was taken by the Council, sustaining the action of the City Planning Commission. REQUEST FOR EVENING HEARING - VARL4NCE N0. 2563: Request of Mrs. Mary Dinndorf, President, Santa Ana Canyon Improvement Association, Inc., dated January 10, 1974, requesting that the January 29, 1974 City Council meeting be held in the evening to enable concerned homeowners to speak in opposition to Variance No. 2563, was submitted for City Council consideration. Councilman Stephenson moved that the public hearing on Variance No. 2563, which is scheduled to be heard in conjunction with Reclassification No. 73-74-25 and Environmental Impact Report No. 104, be heard at the regularly scheduled time, 1:30 P.M., January 29, 1974. Councilman Dutton seconded the motion. To this motion, Councilman Thom voted "no", MOTION CARRIED. CHANGE ORDER N0. 1, WORK ORDER N0. 9165 - CITY HALL WEST ANNEX: On report and recommendation of the City Engineer, Councilman Stephenson moved that Change Order No. 1, Work Order No. 9165, consisting of an increase to the original contract price of $8,845.96, for a total of $51,318.96, be authorized. Councilman Sneegas seconded the motion. MOTION CARRIED. RESOLUTION N0. 74R-16 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 74R-16 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Upper K Ranch Corporation; Joseph D. & Dorothy C. Huarte) Roll Call Vote AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-16 duly passed and adopted. PURCHASE OF EQUIPMENT - TWO 30,500 G.V.W. TILT CAB AND CHASSIS (PREVIOUSLY APPROVED JANUARY 2, 1974: The City Manager reported that the two 30,500 g.v.w. tilt cab and chassis units authorized for purchase at the Council meeting held January 2, 1974 from Woods G.M.C. in the amount of $19,620.30, including tax, will not meet the minimum specifications set forth for engine size. He there- fore recommended that this action be rescinded and the purchase authorized from International Harvester in the total amount of $20,237.18, including tax. Councilman Pebley moved that the authorization for purchase of two 30,500 g.v.w. tilt cab and chassis granted on January 2, 1974 be rescinded and purchase of these two units authorized from International Harvester at a total cost of $20,237.18, including tax. Councilman Stephenson seconded the motion. MOTION CARRIED. PURCHASE OF EQUIPMENT - ONE 1/2 TON PICK-UP TRUCK: The City Manager reported on the recommended addition to the previously authorized award to Woods G.M.C. of one unit (1/2 ton pick-up truck) for the Electrical Division, in the amount of $3,105.90, including tax. On motion by Councilman Pebley, seconded by Councilman Sneegas, pur- chase of one additional 1/2 ton pick-up truck (to be added to the order auth» orized on January 2, 1974) in the amount of $3,105.90, including tax was auth- orized. MOTION CARRIED. PURCHASE OF EQUIPMENT - ONE COMPACT SEDAN: The City Manager reported on the recom- mended addition to the previously authorized award on January 2, 1974,to Santa Ana Dodge for 21 compact sedans, of one unit for the Zoning Division, in the amount of $3,230.96, including tax. 74-50 City Hall, Anaheim, California COUNCIL MINUTES - January 15, 1974, 1:30 P.M On motion by Councilman Pebley, seconded by Councilman Sneegas, the additional compact sedan from Santa Ana Dodge was authorized in the amount of $3,230.96, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - GAS TRANSFER CART: The City Manager reported. on informal bids received for the purchase of one gas transfer cart for the Electrical Divi- sion as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX -.~„ Limco - - - - - - - - - - - - - - - - - - - - - - - - $ 25 , 205.77 . High Voltage Engineer - - - - - - - - - - - - - - - - 26,092.50 C o smodyne - - - - - - - - - - - - - - - - - - - - - 26 , 985.00 On motion by Councilman Pebley, seconded by Councilman Sneegas, the low bid of Limco was accepted and purchase authorized in the amount of $25,205.77, including tax. 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 Pebley, seconded by Councilman Sneegas: a, Claim submitted by the Sou thern California Gas Company for damage sustained to gas service at 4015 Horseshoe Lane, purportedly as a result of backhoe used during repair by City of Anaheim Electrical Division,on or about November 28, 1973. b. Claim submitted by Virginia Lee Gebhardt for damage sustained to vehicle, purportedly as a result of large chuckhole in the alley between the First Baptish Church and Fremont Junior High School, on or about January 4, 1974. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Thom, seconded by Councilman Sneegas: '..-.o,. a. Cultural Arts Commission - Special Meeting -Minutes - December 31, 1973. b. Financial and Operating Reports for the Months of November and December, 1973. Engineering Division (November) Water Division (November) Building Division (December) c. Assemblyman Julian C. Dixon requesting support of Assembly Bill No. 594. MOTION CARRIED . ORDINANCE N0. 3250: Councilman Stephenson offered Ordinance No. 3250 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-59 (2) - C-0) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES : COUNCILMEN : None ABSENT : COUNCILMEN : None The Mayor declared Ordinance No. 3250 duly passed and adopted. ORDINANCE N0. 3.251: Councilman Sneegas offered Ordinance No. 3251 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-1 - R-1) ~„ ~,-- 74-51 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P.M. Ro11 Call Vote: AYES: COUNCIIMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3251 duly passed and adopted. ORDINANCE N0. 3252: Councilman Dutton offered Ordinance No. 3252 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (64) - M-1) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES : COUNC II~IEN : None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3252 duly passed and adopted. ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Morris and Gregory for off-sale general license for premises located at the northeast corner of Orangethorpe Avenue and Post Lane, was conditionally protested on the basis of zoning, on motion by Councilman Dutton, seconded by Councilman Sneegas. MOTION CARRIED. POTENTIAL PARK USE - NEWKIRK DUMP SITE: Results of the Sound Study conducted to determine whether or not the Newkirk Dump site might be used as a motorbike facility (said study initiated at the request of the City Council) were sub- mitted together with recommendations from John Collier, Director of Parks and Recreation. The sound study was accomplished during the summer of 1973 by Ultra Systems, Inc., and indicated that the estimated cost of development as a cycle park to meet the sound attenuation recommendations from Ultra Systems is $490,457. The City Manager reported that he concurs with the recommendation of the Parks and Recreation Director that the motorcycle facility not be developed by the City of Anaheim inasmuch as such a specialized facility would be regional in scope, attracting riders from all over Southern California; due to the high', cost of development; and because development of the site as a park with facili- ties such as tennis courts and family recreational amenities would provide recreation for more people by virtue of its broader appeal. On motion by Councilman Stephenson, seconded by Councilman Pebley, the City Council indicated that the City of Anaheim has no longer any interest in development of the Newkirk Dump site as a motorcycle facility and urged that the Orange County Board of Supervisors retain the property and incorporate same into the Regional Greenbelt Recreational Network along the Santa Ana River. MOTION CARRIED. MEETING WITH CONGRESSMAN WIGGINS: The City Manager advised that he has received notification from Congressman Wiggins that he would like to meet with the City Council while in California, and has suggested a luncheon meeting on Monday, January 28, 1974. The members of the Council individually advised that Monday, January 28, 1974 would be agreeable, and the City Manager reported that he would arrange the time and place. REPORT - FINANCIAL STATUS OF THE CITY: Finance Director M. R. Ringer reported on a review undertaken of the 1973-74 Fiscal Year Budget at the end of the first six months. The financi8l indicators used in this review (as shown in Schedule No. I) are sales taxes, room taxes, gasoline taxes and Disneyland attendance. The last quarter sales tax receipts far 1973-74 ($1,732,550) show a slight drop as compared to the last quarter of 1972-73 ($1,734,900). The room tax receipts 74-52 City Hall, Anaheim, California -COUNCIL MINUTES - January 15, 1974, 1:30 P.M. also indicate a drop in revenue from $235,617 in November-December of Fiscal Year 1972- 73 to $ 218, 247 in the same period of the current Fiscal Year . The gasoline taxes are distributed on the basis of population and therefore do not reflect economic changes. Disneyland attendance figure show attendance to be decreased 3.9% for the second quarter and reflect a 13,8% decrease for the Christmas-New Year season. Schedule No. II was compiled to give Council an overall view of the revenue forecast for the current year and Mr. Ringer remarked that he does feel -~-* that the City will be able to meet revenue estimates for the 1973-74 Fiscal Year. He advised that Stadium revenue for Fiscal Year 1973-74, assuming that last year s attendance will be characteristic of the current year should go over the estimated income by $221,000. Interest income will amount to $500,000 over the estimate since interest rates are up to a 9 1/4 to 9 1/2% return and because $2,300,000 in Federal Revenue Sharing monies has been available in cash and has been invested and reinvested since expenditure has not occurred as quickly as anticipated. He estimated that the City will not only meet but will exceed revenue estimates for the current Fiscal Year by $475,000, Mr. Ringer reported that Schedule No. III shows that the City is still well within the Council appropriations. This Schedule indicates the impact of the salary increases, which were recommended to come from the unappropriated surplus. This Schedule also shows $90,000 for dental insurance costs. Omitting the estimated requirements for dental costs and salary increases leaves a balance of $703,625 in unappropriated funds. Schedule No. IV is a comparison of electrical revenue and power costs in the current Fiscal Year and the previous year and reveals the status of the Electrical Utility Fund. Mr. Ringer pointed out that these figures reflect not only the Edison rate increase but also the new accounts acquired. The comparison figures for revenues received in November-December of Fiscal Year 1972-73 ($2,814,211) and the same period in 1973-74 ($5,754,382) reflect the rate increases generated by the increased cost of power. Mr. Ringer advised that the unappro- priated reserve account is not very high considering the possibility of substan- ~~~~ tial rate increases for electric power in the next few months. Mr. Murdoch wished to re-emphasize that the financial situation at the moment appears to be roughly what had been anticipated at the beginning of the year, with the revision. made in the fall to show the effect of the electrical rate increases, so that it is expected that funds will be adequate to meet bud- getary requirements and expenses, assuming that the flow of revenue from electric rates remains in the same proportion to expenditures as was anticipated with the adjustment in September, 1973. He reflected that there are two important factors in the situation, i.e., the recommended rate increases and the timing as to when the actual increase in the City's wholesale electric rate goes into effect. If the increased rate for which Edison has filed becomes effective early in the second half of this Fiscal Year, then the amount of money available to the City for expenditure purposes will not be as much as has been budgeted. A delay of three to four months in implementation of the increased rate would enable the City to meet budgeted expenditures. However, the impending increase in the next Fiscal Year will make it more difficult to budget for that year. Mr. Murdoch remarked that he does feel the City can expect not to have to make any drastic changes for the. balance of this Fiscal Year. However he re- ported that he has asked all Department Heads to submit, along with budget pro- posals for Fiscal Year 1974-75, an itemized list of the various active programs and those which have not yet been started, together with an analysis as to what the status of these will be during the remainder of this Fiscal Year. These pro- grams are to be arranged on a priority basis so that emphasis can be placed on ~~ potential areas of reduction which may be required before the end of this Fiscal Year. He advised that these priorities will be partially the basis used in attempts to balance the budget and in considering budgetary requests along with any imput from the City Council. Mr~ ~~urdoc~: f~..ir~~;er reported that prior to put- ng t:~ie budge t together a mee tang wa. ~ ~ ::c~<anc ~. ~ ~ k. ~ ~ be held tc review the prior- ities c~~ major ~_tems at least.. Following questions b,~ Coizr.fd;.i 1, discusszo~~ ensued regarding the timing of the implementation cf increased e?ectr~.ca~. rates as filed by Southern 74-53 Citv Hall. Anaheim. California - COUNCIL MINU'T'ES - January_ _l5, 1974, 1:30 P.M. California Edison before the Federal Power Commission and the California Public Utilities Commission, as previously discussed on January 8, 1974, during which the City Manager and City Attorney advised as to the procedure and rules for the filings before the Commissions and how the implementation can be expected to affect the City of Anaheim, particularly that the Anaheim electrical rates should not lag behind the implementation of a wholesale increase as this would result in a considerable debit for the City. Prior to proceeding to the next item, Councilman Thom, noting that Schedule No. II shows a decrease of almost $250,000,000 in revenue estimated to be forthcoming from room taxes in the current Fiscal Year (a decrease of $207,000) inquired how this will affect the bond retirement for the Convention Center and expansion. Mr. Ringer repl~ed that th's ~ias been reviewed closely with respect to the expected increase inne~ee~ro~eaefnrates and advisec~romar of .s eSticipsted at this time, taking into consideration revenue loss ctse-tv-t~emh~g~er-whe~e- aa~e-e~eetr~eal-ra~ea; that the City will still be able to pay both bond issues, operating costs of the Convention Center facility, and the cost of the V. and C. Bureau as well. Councilman Thom referred to the reduced room taxes received in November-December of 1973-74 as compared with the previous year on Schedule No. I and asked whether the disparity between the two years might be caused by any delinquencies in payments of the room taxes. Mr. Ringer replied that there are always a few delinquencies, however the penalties imposed are so severe and progressive, that usually only the smaller hotels are delinquent, whereas the larger facilities could not afford the penalty. In answer to Councilman Pebley, Mr. Ringer advised that the Royal Inns' room tax account is current. No further action was taken by the City Council. WRITTEN ARGUMENTS FOR AND AGAINST THE PROPOSED CHARTER AMENDMENT FOR DIRECT ELECTION OF THE MAYOR - APRIL 9TH BALLOT: The City Clerk advised that the Council has the prerogative of determining whether or not they wish to designate any of their members to write the arguments in favor and in opposition to the proposed Charter Amendment which will be mailed with the sample ballot. Further, pur- suant to a new provision in the Legislature this year, the Council may direct, the City Attorney to prepare an impartial analysis of the measure which would also be mailed to registered voters with the sample ballot. The City Clerk advised that February 15, 1974 is the last date for filing of these arguments. On questioning by the Council, the City Attorney advised that the Council may authorize any one or two of the options outlined above; none of the three options as outlined; or, it may authorize all three be prepared. Councilman Pebley remarked that his concern with the Charter Amendment as it is written is the fgct that it requires that any individual who wishes to run for Mayor be a member of the Council for two years, and that according to some attorneys with whom he has discussed the Amendment, if no member of the Council is willing to run for the Mayorality, then the City will be without a Mayor. Councilman Thom advised that in such a situation the selection pro- cess would revert to the method currently used and remarked that this is set forth clearly in the Charter Amendment proposal. Councilman Pebley reiterated that the legal counsel with whom he has discussed the matter feels this to be a distinct possibility. He stated that he felt it should be investigated and if this is the case, reflected in the argument against the Charter Amendment. Councilman Thaw felt that it should also be brought out then that the former City Attorney of the City of Anaheim wrote the Charter Amendment. 74-54 Citv Hall, Anaheim. California - COUNCIL MINUTES - January_15, 1974, 1:30 P.M. Councilman Dutton remarked that the Amendment may prove unconstitu- tional since it limits those who are eligible to be Mayor to the members of the Council and this in his opinion is discriminatory. Councilman Thom pointed out that the amendment was not intended to create another office which is different from the other four Council positions, but merely to change the method of selection of the presiding officer of the Council. Councilman Stephenson requested clarification as to how it will appear on the ballot when an incumbent Councilman is running for reinstatement to his Council position and also for Mayor, should the Charter Amendment be approved by the voters. Councilman Thom stated that at the forthcoming election he will be running for the office of Councilman, and in addition, has indicated his willing- ness to participate in this election process of the Mayor. Mr. Watts explained that on the forthcoming ballot there will essem- tially be three questions put to the voters: l.) There will be the selection of three Councilmen; 2.) The question of whether or nvt they wish the Charter Amendment adopted, which will be a matter of a yes or no vote; 3.) If there is at least one of the current Councilmen who files for the office of Mayor, then the voter will select which one of these he wishes to be Mayors if the proposed Charter Amendment is adopted, Further he noted that an individual has to be elected as a Councilman in order to be selected as Mayor. Councilman Pebley still felt that the Charter Amendment does not pro- vide for Mayor in the event that no Council member desires to run. Mr. Murdoch read the following section from the proposed Charter Amend- ment "in case of a vacancy in the office of Mayor, the Council shall select a Mayor from the eligible Councilmen to fill the vacancy. The office of Mayor shall be deemed vacant when the person holding such office no longer holds office as "' Councilman for any reason." Mr. Watts advised that obviously there is a question of interpretation of the language in the Amendment as to what constitutes a "vacancy". Councilman Dutton questioned Mr. Watts as to his opinions on the con- stitutionality of the proposed Charter Amendment, to which Mr. Watts responded that he felt it could be argued either way, that he understands the viewpoint that has been expressed relative to limitation of Mayoral selection to incumbent Councilmen, whereas on the other hand, he also feels that the people might deter- mine that they would want to have serve as Mayor someone who has been actively participating in the City government. He advised that he could not speculate as to what decision would result from litigation on the matter. Mr, Watts further noted l.-h~t ~~~e worst p.-sssible outcome would be that thc- ~`:o~ric.il would select one of its ~Ea.nbc~rs ss th,~ Mayor Pro Tem, provision for which ~:~ set forth in the C?garter Amendment, and ~i~~ caould be the presiding officer of the ~ ~-~unci.l whether or not he has designated t~°~1~' "Mayor" . Mr. Murdoch inquired whether it was wi~:~~in the jurisdiction of the Counci~. ~-~-? designate a member or members ~?f the ('r~~_~ncil to write the argument for anc~ also to designate axic~ther member or members to write the argument against. Mr. Watts replies' ghat t?7is is entirel~,= within the prerogative of the _.- Counc:i~, however that he wished to paint out that this would preclude any other groin car citizen from the filing of a wr~i.tten argumment to be sent with the sample bad ls~~. ~ since only one argument. wi l ~. be pr.~.nted :.gin flavor and one in opposition. Further Mr. Watts explained that the City Clerk is directed pursuant ts~ Section ,014 of the Electi..on ~~"ode to select the arguments to be printed on the following basis: 1,) "chose prepared by members of the legislative body (i~~ this case the City Coun~.a,l. ~ , ~- `rose prepared by an individual citizen or bona fide association of cit~fzens sponsoring the proposal (in this instance, I.C.~`.B,E.R,G.) ; 3.) Bona fide associations ~f citizens; 4,j Individual citizens. 74-55 City Hall, Anaheim, California - COUNCIL MINUTES - January 15, 1974, 1:30 P,M. Councilman Sneegas advised that he would prefer to have a private citizen or citizen's group write the argument against the proposal. In this case, Councilman Thom proposed that the circulator of the petition initative, Mr, William Ehrle, Director of I.C.E.B.E.R.G., write the argument in favor of the proposal. Councilman Pebley remarked that he felt the Council itself, since there is a difference of opinion on this issue, should write the arguments both for and against, as in this way the people will realize that there is truly a difference of opinion among the Councilmen themselves on the matter. Councilman Stephenson concurred with Councilman Pebley's comments, noting that in this manner all members of the Council will be endorsing their own view and being counted in the eyes of the public. RESOLUTION N0. 74R-17: At the conclusion of discussion, Councilman Stephenson offered Resolution No. 74R-17 for adoption, authorizing Councilmen Stephenson, Sneegas, Pebley and Dutton to file an argument (300 words) in opposition to the proposal for Charter Amendment; and authorizing Councilman Thom to file an argument (300 words) in favor of the proposed Charter Amendment. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR AND AGAINST A PROPOSAL FOR AN AMENDMENT TO THE CHARTER OF THE CITY OF ANAHEIM . Roll Call Vote AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCIIMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 74R-17 duly passed and adopted. The City Clerk asked whether or not the Council wished to authorize the City Attorney to prepare an impartial analysis of the Charter Amendment measure.(500 words). Following brief discussion, the Council, by general consent, declined to authorize the City Attorney to prepare the analysis. SITE DEVELOPMENT STANDARDS - M-1 ZONE: Councilman Pebley stated that he has recently observed a great deal of new building activity, particularly of industrial class buildings in the southern part of Santa Ana and in Irvine, which has caused him to wonder whether or not the site development standards relating to lot cover- age, building setback, etc., are less restrictive in these cities than they are in Anaheim. He requested that Development Services Department investigate and make a comparison and submit same to him in written form. CONFLICT OF INTEREST - JOHN SEYMOUR: Mayor Dutton briefed the events which led to the request for Mr. Seymour to appear at the Council meeting of January 2, 1974 and remarked that although he was sincere in his attempt to merely uncover the facts, that the occasion was utilized by individuals present and by members of the press to further slander his own name. Mayor Dutton remarked that his own efforts brought forth no additional facts relative to the situation other than that the Code of Ethics should be amended so that it is as stringent for elected and appointed officials as it is in relationship to employees. Mayor Dutton pointed out that a Planning Com- missioner, being involved in movement of land, should certainly be concerned that his record is kept clear. May~rfil~~~ton again requested that Mr. Seymour submit the information as to when he became broker of record for the Westfield Development so that the matter can be resolved. 14-56 City Hall, Anaheim, California - COUNCIL MINUTES - January 1.5 ,, 1974, 1:30 P.Mi Councilman Thom stated that Councilman Dutton was attempting to refute what occurred on January 2, 1974 when a majority of the Council found t~s.t Mr. Seymour had not violated the City Code of Ethics as it now stands or the intent of it and that the Mayor's attempting to impugn Mr. Seymour's character. Mayor Dutton replied that the matter could not be resolved until Mr. Seymour submits the necessary information. The Mayor further noted that he has been submitted to demeaning remarks as a result of his attempts to do his job as Mayor. He further denied Councilman Thom's allegations that his actions re- --- lative to Mr. Seymour were motivated by past or present elections, since he does not seek to perpetuate himself in the office of Mayor. RECESS -EXECUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session. Councilman Stephenson seconded the motion. MOTION CARRIED. (4:15 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4 :40 P.M. ) APPOIN'II~IENTS TO PLANNING COMMISSION - GLEN L. JOHNSON AND RICHARD H. MORLEY : The City Clerk reported that vacancies left on the Planning Commission by Mr. Allred and Mr. Rowland both expire on June 30, 1975. Councilman Sneegas moved that Mr. Glen L. Johnson, 959 North Grove Street, presently a member of the City Hall Task Force, be appointed to fill one of the vacancies on the City Planning Commission. Councilman Dutton seconded the motion. MOTION CARRIED. Councilman Stephenson nominated Mr. Richard H. Morley, 757 North Olive Street, to fill the remaining vacancy on the Planning Commission. Councilman Dutton seconded the motion. MOTION CARRIED. Councilman Thom requested that the record reflect that he presently does not know either of the men nominated for the Planning Commission, nor any of their attributes or talents, however he would not vote against either one. He commented however that he did not feel that the desired balance has been achieved on the Planning Commission. RESIGNATION - COMMUNITY REDEVELOPMENT COMMISSION - LLOYD E. KLEIN: The City Clerk submitted the resignation of Mr. Lloyd E. Klein, dated January 11, 1974, from the Community Redevelopment Commission, and on motion by Councilman Dutton, seconded by Councilman Stephenson, said resignation was accepted with regrets. MOTION CARRIED. APPOINTMENT - COMMUNITY REDEVELOPMENT COMMISSION - HOMER, WALLACE : Councilman Pebley moved that Mr. Homer H. Wallace be appointed to fill the unexpired term of Mr. Lloyd E. Klein on the Community Redevelopment Commission, said term ending June 30, 1974, contingent upon his acceptance of the appointment. Councilman Sneegas seconded the motion. MOTION CARRIED. VACANCIES - COMMUNITY CENTER AUTHORITY - MOTHER COLONY ADVISORY BOARD: The City Council indicated that they would desire that the current members of the Community Center Authority and Mother Colony Advisory Board submit recommendations for appointments to the positions open on these agencies. ADJOURNMENT: Councilman Pebley moved to adjourn to Saturday, January 19, 1974, 10:00 A.M., at the Chartres Recreation Center, 222 East Chartres Street., (southeast cor- ner of Emily and Chartres Streets) for the purposes of hearing Anaheim Police Association members. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 4:45 P.M. ~_._ Signed ~' ~7. ~~ City Clerk