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1971/12/1471- 735 +~ ~f-'i~ City. ~a~!l, ~Anah_eim, California- CouncIL MINUTES- December 14, 1971, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRE S E NT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None ~ CITY MANAGER: Keith A. Murdoch 'ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Joseph B. Geisler ~ASSISTANT CITY ATTORNEY: Alan Watts CITY CLERK: Dene M. Daoust DIRECTOR OF PUBLIC UTILITIES: Gordon Hoyt CITY ENGINEER: James P. F~addox ASSISTANT CITY ENGINEER: Ralph Pease TRAFFIC ENGINEER: Edward Granzow ASSISTANT DIRECTOR OF~DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Alle- giance to the Flag. MINUTES: Approval of the. Minutes of the Anaheim City Council meeting held December 7, 1971, was deferred to the meeting of December 21, 1971. 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 read- ing of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $317,723.31, in accordance with the 1971-72 Budget, were approved. PUBLIC HEARING - RECLASSIFICATION NO, 71-72-19: Submitted by Craig Hosmer, request- ing a change of zone from R-A to M-1 on property located east of Brookhurst Street, north of Crescent Avenue, and south of the Santa Ana Freeway. The City Planning Commission, pursuant to Resolution No. PC71-227, recommended said reclassification be approved, subject to the following con- ditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Valley Street and a strip of land 45 feet in width from the centerline of the street along Crescent Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Valley Street and Crescent Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, widening of the bridge across the flood control channel, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street light- ing facilities along Valley Street and Crescent Avenue shall be installed as required by the Director Of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utili- ties; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to Guarantee the installation of the above-men- tioned requirements. 3. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 5. That subject property shall be served by underground utilities. 6. That approval of the right-of-way for Brookhurst Street shall be obtained by the owner from the State Division of Highways. 71- 736 City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel provided, however, that the word "parcel" shall mean presently existing par- cels of record and any parcel or parcels approved by the City Council for a lot split. 8. Prior to the introduction of an ordinance rezoning subject pro- perty, Condition Nos. 1, 2, and 6, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within 180 days from the date hereof or such further time as the City Council may grant. 9. That Condition Nos. 3, 4, and 5, above mentioned, shall be com- plied with prior to final building and zQning inspections. Zoning Supervisor Charles Roberts noted the location of subject property, the existing uses and zoning in the immediate area and briefed the evidence submitted to and considered by the City Planning Commission. He added that the Applicant has expressed an intent to develop subject property industrially, which is the use designated appropriate for this area by the General Plan. Mayor Dutton asked if the Applicant was present and wished to ad- dress the City Council. Lee Sammis, Executive Vice-President, Don Koll Company, Inc., 17755 Sky Park Circle, Irvine, Agent, and also owner of a portion of subject pro- perty, stated the business of their company is industrial and office-type development, and they presently have one development built and almost com- pletely tenanted on State College Boulevard and have purchased rail-served property for another development on Ball Road. He added that they intend to incorporate some features of both of these developments on subject property. Mr. Sammis requested and received clarification of some of the re- commended conditions and presented a copy of letter dated December 7, 1971, from the State Division of Highways to the Electronic Instrumentation Divi- sion of Lear-Siegler, Inc., purportedly complying with recommended condition No. 6. Mayor Dutton asked if anyone wished to address the Council in oppo- sition; there being no response, declared the hearing closed. RESOLUTION NOo 71R-539: Councilman Pebley offered Resolution No. 71R-539 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Com- mission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (71- 72-19 - M-l) Roll Call Vote: AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Dutton The Mayor declared Resolution No. 71R-539 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2281: Submitted by J.P. Edmondson Properties, Limi- ted, to construct an additional free-standing sign on C-R zoned property lo- cated south and east of the southeast corner of Harbor Boulevard and Manches- ter Avenue, which is developed with a restaurant and a theater, and request- ing waivers of: 71-737 City Hallm Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. a. Aggregate sign area. b. Maximum number of free-standing signs. c. Location of free-standing signs. d. Minimum distance between free-standing signs. The City Planning Commission, pursuant to Resolution Noo PC71-211, denied said variance. Appeal from action taken by the City Planning Commission was filed by James P. Edmondson and public hearing scheduled this date. The City Clerk reported correspondence received November 15, 1971, from James P. Edmondson, requesting public hearing be continued to some time in January, 1972. On motion by Councilman Roth, seconded by Councilman Pebley, public hearing was continued to January 11, 1972, 1:30 P.M. MOTION CARRIED. · CONTINUED DECISION - ABANDONMENT NO. 71-3A, (RECLASSIFICATION NO. 61-62-69(47): In accordance with application filed by Fred J. Nove, public hearing was held De- cember 7, 1971, on proposed abandonment of a portion of the previously-dedica- ted roadway commonly known as Miraloma Avenue, and the excess right-of-way acquired by the State of California for the Miraloma Overcrossing, which has been relinquished to the City of Anaheim. Public hearing was closed and deci- sion continued to this date to allow additional time for investigation into the status of subject property. Assistant City Engineer Ralph Pease reported that subject property was acquired by the State, in fee, for the Miraloma Overcrossing. Subsequently, the State relinquished to Anaheim all interests in the property. City Attorney Joseph Geisler advised that only an easement can be abandoned, and that property owned in fee must be sold at a reasonable market price, rather than abandoned; that an abandonment would clear title to the property only, in this case. He added that since there must be some easements retained on the property, there would be no point in continuing with an aban- donment unless the property was going to be sold; that it appears to be excess property, and thus the City may desire to sell. Mr. Geisler recommended that if the Applicant had an interest in the property with the easement that must be retained, the matter could be contin- ued to determine a fair market value; that if the property were to be sold, an abandonment of the street right-of-way only would be in order. The Mayor invited the Applicant to address the Council. Fred J. Nove stated that rerouting the Miraloma Overcrossing result- ed in that portion of Lot 1 that he owns becoming landlocked, since access used to be via Miraloma Way; that in order to develop this property M-1 (per Resolution of Intent, Reclassification No. 61-62-69(47), access must be pro- vided. The Council reviewed plot plan of the area. Mr. Nove indicated he would be interested in a possible purchase of the property. On motion by Councilman Thom, seconded by Councilman Roth, subject was continued to January 4, 1972, to allow time for an appraisal of the pro- perty. MOTION CARRIED. CROSSING GUARDS - ANAHEIM ELEMENTARY SCHOOLS: Request of Martin A. Sklar, Anaheim City School District, was submitted at the meeting of November 16, 1971, for review of the City Council's policy regarding crossing guards, and further requesting crossing guards be placed at the intersections of Broadway and Euclid Street, and Crescent and Euclid Avenues. Subject was continued to this date to allow time for further study and report. 71-738 City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. Report of the City Engineer, dated December 2, 1971, was submit- ted, recommending the existing policy of not assigning adult crossing guards at signalized intersections be reaffirmed. Traffic Engineer Edward Granzow reviewed the City Engineer's re- port and added that other cities had indicated their experience of using crossing guards at signalized intersections had proven confusing to motor- ists and had caused accidents. He further stated that a survey of the two intersections in question, taken between 8:00 and 9:00 A.M. and 2:00 and 4:00 P.M., indicated the children understood and obeyed the signals, and there appeared to be no extensive problems. Mr. Granzow advised that signs are being installed at the intersections of Loara Street/Broadway and Euclid Street/Broadway, prohibiting right turns on a red light when school children are present, and that the crosswalk at Euclid Street and Broadway has been painted yellow to indicate a school crossing. Mayor Dutton asked if anyone wished to address the Council. E.L. Overholt, Jr., Board of Trustees of the Anaheim School DEt- rict, re~juested those present in the audience, numbering approximately 30 persons, representing Loara, Betsy Ross, Adelaide Price, Melbourne Gauer, Benjamin Franklin, and Horace Mann Elementary Schools to stand and be recog- nized, and noted'that School Superintendent Brier, and Principals Robert Gasio, of Price School, and James Hull, of Loara School, also were present. Mr. Overholt reported that in at least three instances, during his tenure on the School Board, a great many parents, primarily from Price and Loara Schools, had attended meetings and expressed concern about increasing traf- fic creating danger for the school children. He cited statistics that 250 students cross at Broadway and Euclid Street daily, 250 at Broadway and Loara Street, 400 at Euclid Street and Crescent Avenue, 400 at Loara Street and Crescent Avenue, 70 at Brookhurst Street and Crescent Avenue, and 50 at Ball Road and Loara Street, all of which have 4 or more lanes of traffic, with the exception of Loara Street and Crescent Avenue. Referring to the possibility of using School Boy Patrols, consid- ered in their discussions, Mr. Overholt stated it was felt that such a pro- gram would result in at least two hours of school time lost per day for these children,and this would be excessive; also, the oldest Patrol Boy making traffic decisions would be a Sixth Grader. Councilman Pebley remarked his experience on the Savanna School Board was that mothers would not allow their sons to participate in this School Patrol. Councilman Stephens on stated that School Boy Patrols do not stand in the streets; all of their directions are done from the edge of the side- walk. Mrs. Charles Coronado, 936 North Helena Street, stated her child- ren cross at Harbor Boulevard and La Palma Avenue, and automobile drivers made right and left turns when children were crossing the street; also, it is dangerous for children crossing to Horace Mann School at unsignalized intersections. She presented a packet of petitions, purportedly signed by par- ents of Horace Ymnn students, requesting crossing guards on Harbor Boule- vard at La Verne Street and La Palma Avenue, and also at La Palma Avenue and Citron Street. Councilman Thom stated that crossing guard instructions at the Police Department contain a section ~n signalized crossings. Councilman Stephenson advised those instructions are there because adult crossing guards used to be used at overhead-signal intersections; however, that practice was eliminated when the general four-post signals were installed. 71-739 City Hall, Anaheim~ California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. Mr. Granzow advised that Resolution No. 6773, dated March 28, 1961, governs the placement of crossing guards. Councilman Pebley stated that after learning that crossing guards at signalized intersections can cause confusion, the only way he would cast a favorable vote for placing crossing guards at the requested intersections would be if the Motion specifically stated this action was done at the demand of the School Board and the parents. Councilman Stephenson stated he felt the recommendation of the City Engineer should be upheld; that he would prefer that school children be taught to understand the signals. Councilman Dutton suggested the School Board could choose one loca- tion where they felt a crossing guard was most desirable and a pilot program probably could be undertaken for the remainder of the present school year to permit evaluation of such a program. In reply to Council questioning, Mr. Granzow advised that the cost of an adult crossing guard is $2,700.00 per year. Councilman Stephenson expressed the opinion that, since the deci- sion to place a crossing guard at these intersections is up to the City Coun- cil, he did not feel the responsibility for placing such a guard should be placed upon the School Board. James Brier, Superintendent of the Anaheim Elementary School Dist- rict, upon being asked to select one intersection for such a pilot program, stated he would recommend both intersections of Euclid Street and Crescent Avenue and Loara Street and Crescent Avenue. Referring to the School Boy Patrol program, Mr. Brier stated this would take students from the classrooms for one and one-half hours in the morning and two hours in the afternoon, because of the different times for different grades and he felt this was an undue amount of time. He added that he felt the suggestion by the City Engineer's department to use School Boy Patrols was an admission that additional supervision was needed at such in- tersections. On motion by Councilman Thom, seconded by Councilman Pebley, a pilot program of providing an adult crossing guard at the intersection of Euclid Street and Crescent Avenue for the remainder of the present school year, in response to the letter dated October 15, 1971, from Martin A. Sklar, President of the Anaheim City School District Board of Education, was author- ized, the results of such a pilot program to be studied to determine its value. MOTION CARRIED. CROSSING GUARD - NOHL RANCH: Request of Edgar Z. Seal, Principal of Nohl Canyon School, received November 16, 1971, was submitted for an adult crossing guard at the intersection of Nohl Ranch Road and Nohl Canyon Road, when the new Nohl Canyon School opens in January, 1972. Also submitted was report of the City Engineer, recommending no crossing guard be provided. Mayor Dutton invited a representative of the school to address the Council. Phyllis Goldklang, Health and Safety Chairman of Nohl Canyon Ele- mentary School, stated there is concern for the safety of area children going to both the parochial school across the street, and the new elementary school; that approximately 150 students will enroll in the new school,with more chil- dren expected as Anaheim Hills develops. She added that there are no stop signs for at least a mile up to this intersection and no signs posted. Mrs. Goldklang was advised that the Traffic Engineer had made a preliminary study of the traffic in the area, and will continue to survey it after the school opens; also, that standard school markings, crosswalks and signs will be installed by the time the school opens in January, 1972. No further action was taken. 71-740 City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. CHARTER AMENDMENTS: Request of Wayne Reedstrum was submitted to address the Council, regarding proposed Charter Amendments, copies of which previously were furnished the Council. Upon invitation of the Council, Mr. Reedstrum reiterated his re- quest that the following Charter Amendment proposals be placed on the April, 1972 ballot, as two new Charter Articles: 1. ARTICLE XVI - The establishment of the office of Mayor as a separate elective office. 2. ARTICLE XVII - (a) Representation "At Large" and by "District' (b) An increase in the membership of the Council to seven (7) Councilmen, in addition to the Mayor. Mr. Reedstrum stated his reason for wanting to amend the Charter is that the same number of Councilmen and form of government were in effect in Anaheim in 1925, when the population was less than 10,000 and the geo- graphical area less than four square miles; today, with 170,000 population and area of over thirty-five square miles, it is time for a change. He added that he was not implying the present system does not work; it was his opinion the proposed system would be better. Mr. Reedstrum stated that in response to his query, the Legisla- tive Counsel of the State of California advised there is no conflict between the proposed Cha~ter Amendments and the existing State and Federal Charters in the areas he referred to. Also, replies from the California League of Cities Headquarters, and the National League of Cities Headquarters indicat- ed the type of Charter proposed was recognized as a model type, applicable to model city planning on a national level. Councilman Pebley noted that Mr. Reedstrum was a member of the Citizens' Committee that formed the Charter that was passed by the elector- ate,under which the City has been operating the past six years. Mr. Reedstrum remarked that he endeavored to add subject recom- mendations to the Charter at the time it was written, but had been voted down by one vote; that he had felt these changes were desirable as far back as 1958. He further stated that under his proposal the responsibilities, duties and/or authority of the City Manager would remain as is, since it is his opinion such duties should be performed by a professional person. Replying to Council discussion, Mr. Reedstrum advised that he does not intend to again run for Council in 1972, nor for the foreseeable future. RECESS: Councilman Pebley moved for a five-minute Recess. Councilman Roth se- conded the motion. MOTION CARRIED. (3:23 P.M.). AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (3:35 P.M.). The Council, by general consent, took no action on the foregoing proposal. PROPOSED AMENDMENT TO ANAHEIM MUNICIPAL CODE - SECTION 14.32.160: Request of Otto H. Grigg, Pacific Southwest Hardware Association, was submitted for establishment of parking restrictions on Oak Street, west of Anaheim Bou- levard, to facilitate cleaning of the street; also, copy of a letter to the Public Works Department from Pacific Southwest Hardware Association, requesting the street be cleaned up~ parking meters painted, and light standards repaired. Report of the City Engineer was submitted, recommending Anaheim ~nicipal Code, Section 14.32.160 be amended by adding thereto Oak Street, 71- 741 Ctt¥ Hall, Anaheim, California- COUNCIL MINUTES- December 14, 1971~ .... 1:30 P.M. from Lemon Street to tlelena Street, prohibiting p~rking from 3:00 A.M. to 6:00 A.M. Also submitted was report of the Electrical Superintendent, ad- vising that the broken light standard has been repaired, as requested. Following Council discussion, and on motion by Councilman Stephen- son, meconded by Councilman Roth, the City Attorney was authorized to prepare the necessary ordinance, amending the Anaheim Municipal Code, Section 14.32. 160, prohibiting parking between 3:00 A.M. and 6:00 A.M., from Lemon Street to Helena Street. MOTION CARRIED. RECLASSIFICATION NO 68-69-1 - RESOLUTION AMENDMENT: The City Clerk reported that one of the parcels of Reclassification No. 68-69-1, initiated by the City Plan- ning Co~wnission, now is ready to finalize the zoning; however, the Resolution of Intent (68R-549) does not provide for separate zoning of parcels. RESOLUTION NO. 71R-540: Councilman Pebley offered Resolution No. 71R-540 for adoption, amending Resolution No. 68R-549, by amending the following Condition No. 7: "7. That ordinances reclassifying the property shall be adopted as each parcel ready is ready to comply with conditions per- taining to such parcel; provided however, that the word "par- cel'' shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split." Refer ~ Resolution Book. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 68R-549, IN RECLASSIFICATION PROCEEDINGS NO. 68-69-1. (C-O) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Datton None None The Mayor declared Resolution No. 71R-540 duly passed and adopted. ORDINANCE NO. 2997: Councilman Pebley offered Ordinance No. 2997 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Lot 8 of 68-69-1(1) - C-O) CHANGE ORDER NO. 1 - WORK ORDER NO. 679: On report and recommendation of the Assistant City Engineer, Councilman Stephenson moved that Change Order No. 1, Work Order No. 679, decreasing the amount by $135.00 be authorized. Councilman Roth seconded the motion. MOTION CARRIED. CHANGE ORDER NO. 1 - WORK ORDER NO. 1501: In accordance with report and recom- mendation of the Assistant City Engineer, Change Order No. 1, Work Order No. 1501, approved at the November 16, 1971 meeting, for an amount not to exceed $5,000.00, for the purpose of hauling topsoil from the north side of the Creek to the south side, was increased to an amount not to exceed $5,800.00, by adding thereto ~500.00 for providing a lake drain, and $300.00 for the removal of three oak trees to complete the grading contract for the Anaheim Hills Golf Course, on motion by Councilman Stephenson, seconded by Councilman Roth. To this Motion, Councilman ~om voted "No." MOTION CARRIED. RESOLUTION NO. 71R-541 - AWARD OF WORK ORDER NO. 1240: In accordance with recom- menHations o~ the City Engineer, Councilman Roth offered Resolution No. 71R- 541 for adoption. Refer to Resolution Book. 71-742 City .Hall, Anahe%m, .California - COUNCIL MINUTES - Decamher 14, 1971, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE PEP, ALTA HILLS DRIVE SEWER IMPROVEMENT, FROM LAKEVIEW AVENUE TO 640 FEET SOUTH OF LAKEVIEW, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1240. (De Leon Construction - $5,504.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-541 duly passed and adopted. RESOLUTION NO. 71R-542 - WORK ORDER NO. 1501: Upon receipt of certification from the Director of Public Works, Councilman Dutton offered Resolution No. 71R-542 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALI, WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM HILLS GOLF COURSE ROUGH GRADING, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1501. (Hudson Con- tracting Corporation) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley and Dutton Thom None The Mayor declared Resolution No. 71R-542 duly passed and adopted. RESOLUTION NO, 71R-543 - DEEDS OF EASEMENT: Councilman Stephenson offered Reso- lution No. 71R-543 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Fredricks Development Corporation; Charles E. and Phyllis J. Eichler; John R. Ehrle and George W. Ehrle; Frank and Lukrija Bjazevich) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNC IL~N: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-543 duly passed and adOpted. PURCHASE OF EQUIPMENT - INSERTING MACHINE: The City Manager reported on infor- mal bids received for the purchase and replacement of an Inserting Machine for the Data Processing Division, as follows: COMPANY - MODEL NET COST Bell & Howell - Expediter ........ $8,779.00 ~ no trade-in Pitney-Bowes - Model 3144 ......... 12,117.00 - with trade-in Bell & Howell - CE-4, PMPM-KE - - - 13,210.00 - with trade-in Pitney-Bowes - Model 3164 .... 14,152.00 - with trade-in Pitney-Bowes - Model 3166 ..... 14,795.00 - with trade-in 71-743 City Hall~ Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. On recommendation of the City Manager, Councilman Pebley moved that the bid of Pitney-Bowes, in the amount of $12,117.00, including tax and with trade-in, be accepted and purchase authorized as the lowest and best qualified bid, as the lowest bid received did not meet specifications, and that an inter-budget transfer between the Data Processing and Utilities accounts be processed for payment of the equipment. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 71R-544 - SOUTHERN PACIFIC TRANSPORTATION COMPANY AGREEMENT: Coun- cilman Roth offered Resolution No. 71R-544 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY. (CONSTRUCTION OF TWELVE-INCH WATER PIPELINE BENEATH TRACKS AND PROPERTY OF RAILROAD AT SUNKIST STREET AT MILE POST BMr513.08) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-544 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Stephenson, seconded by Councilman Pebley: a. City of Hayward - Resolution No. 71-369 - Urging the Federal and State Legislatures to enact legislation granting tax relief to owner- occupied residential property. b. Orange County Mosquito Abatement District - Minutes - November 23, 1971. c. Cultural Arts Commission - Minutes - November 4, 1971. d. Financial and Operating Reports for the month of November, 1971: Electrical Division - Utilities Department Building Division - Development Services Department MOTION CARRIED. ORDINANCE NO. 2994: Councilman Thom offered Ordinance No. 2994 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-25(1) - M-l) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2994 duly passed and adopted. ORDINANCE NO. 2995: Councilman Stephenson offered Ordinance No. 2995 for adop- tion. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-41 - R-2-5,000) 71- 744 City Hall~ Anaheim, California - COUNCIL MINUTES - December 14, 1971~ 1:30 P.M Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and ~tton None None The Mayor declared Ordinance No. 2995 duly passed and adopted. ORDINANCE NO, 2996: Councilman Pebley offered Ordinance No. 2996 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-64(8) - M-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 2996 duly passed and adopted. ORDINANCE NO. 2998: Councilman Thom offered Ordinance No. 2998 for first read- ing. AN ORDINANCE OF THE CITY OF ANAHEIM ~MENDING TITLE 4, CHAPTER 4.72, SECTION 4.72.090 OF TH~ ANAHEIM MUNICIPAL CODE, RELATING TO TAXICABS. ORDINANCE NO, 2999: reading. Councilman Stephenson offered Ordinance No. 2999 for first AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-7 - R-3) PROPOSAL - ANAHEIM RACEWAY: In presenting a proposal for the establishment of a Raceway on a portion of the Anaheim Stadium property, Mr. Mnrdoch advised that in 1965 such a use for the property was considered by both the Stadium Commission and City Council, and at that time it was generally felt that the Stadium should be operated for baseball and uses of that nature and see how that might be affected by other proposals, one of which was a Race- way. The proposal considered at that time did not include any permanent or siznificant structures, such as a grandstand, etc. Mr. Murdoch stated it was his understanding that each of the Coun- cilmen have been approached on a current proposal and that the Council wishes to have the matter opened for discussion. In briefing the issue, Mr. Murdoch reported a similar proposal was again considered in 1967, and again disapproved as the City Council was not satisfied with the proposal. He reported that the current propo- sal is for a Raceway to be established on the Stadium property with no in- vestment or additional expenditure on the part of the City and with a pro- jection of substantial reven~e to the City. He thereupon advised that if the City Council wished this matter opened for discussion, the principals were in attendance to make their pre- sentation. Mr. Edward R. Nix, 2214 Blanchard, Anaheim, speaking on behalf of the Anaheim Drag Raceway, to be under the guidance of Mr. James M. Tice, President of the American Hot Rod Association, advised that in other pro- posals previously considered the objections were not to drag racing "per se" but to the type of structure and financing proposed, and that he and his associates have the financing and are proposing a superior type of structure. 71-745 .City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1971~ 1:30 P.M. Mr. Nix thereupon briefed their proposal as follows: 1. That they lease approximately 5 acres of the Stadium parking lot for a period of 29 years. 2. That they pay to the City of Anaheim an annual minimum guarantee of $75,000.00 per year rental, versus the percentage rental, commencing upon the issuance of a certificate of occupancy; the percentage rental being 9% of the gross on admissions for spectators, crossover passes, entries and crew- men, and 10% of the gross on concessions. 3. That they will build a permanent facility seating 7,500 people, with additional movable bleachers to accommodate a total of 11,000 people, costing in excess of one million dollars, at no cost to the City. 4. That the structure will be of quality construction and land- scaped to be compatible with the existing Stadium. 5. That Anaheim Drag Raceway will furnish all necessary insurance for the protection of the City and pay taxes and assessments on property under their exclusive control. 6. The City to have a voice in the selection of concessionaires, and the right of inspection and other controls to assure that a proper image is being maintained. Mr. Nix reported that this sport has increased in both spectators and participation and over the past four years has increased 102% in growth rate and dollar volume paid; that it is the fastest growing sport in the coun- try today and is a major sport attraction that Anaheim does not presently have. Mr. Rector L. Coons, Rex Construction Company, 111 West Elm Street, Anaheim, in reviewing past proposals also noted all previous proposals pro- vided for the installation of temporary grandstands, whereas the one presently before the Council is a permanent facility and is in keeping with the estab- lished image of the City. Elevation plans were posted on the east wall of the Council Chambers and reviewed by the City Council, one being from the west side of the proposed grandstand, the other from the south. Mr. Coons reported the construction will be of large steel box girders, with precast concrete panels in between with mica rocks in the panels, to the same specifications as the Stadium. He noted the area planned for a large land- scaped earth berm, providing screening for the concourse area. Mr. Coons stated selection of the site was after many exhaustive studies, and the site agreed upon as the best location is on the east side of the Stadium; the grandstand and main starting lines to be at the south- east corner of the property where the Orangewood bridge crosses the riverbed, an area little used even with maximum attendance at the Stadium. With the aid of a plot map, Mr. Coons noted the location of the grandstand, the staging area, the 660-foot or 1/8th-mile acceleration lane, and the 1,350-foot decel- eration and stopping area. The large grandstand directly behind the starting line to be 32 rows in height, with a capacity of 4,000 seats. The west side, and built as part of the grandstand structure, to be a 16-row high stand, with a capacity of 3,500 seats. The opposite side, a detached structure, giving a total seating capacity of the facility just under 11,000. Mr. Coons explained that their studies indicate very few changes, all minor in nature, will be required to the existing facilities. One change would be the relocation of three parking light standards and the ticket booth at the Douglass Street entrance, and the reduction of th~ River Road entrance £rom 4 lanes to 2 lanes. Regarding parking, Mr. Coons noted the area outlined in red, for which the lease is requested, and upon which the facility will be constructed, and advised that the area in question presently comprises approximately 700 parking spaces. An actual physical count reveals 13,200 parking spaces on the entire parking lot, which would leave 12,500 parking spaces if the project is approved, which will more than meet the City's contractual cormnitment to the California Angels. 71- 746 City Hall, Anaheim, California - COUNCIL MINUTES - Decmmher 14, 1971~ 1:30 P.M. Mr. Coons explained the type of construction proposed, the maxi- mum height to be 71 feet, 4 inches, the acceleration track to be fenced; the first row of seats to be at an elevation of 8 feet, so as not to inter- fere with foot traffic and people standing. There will be ramps similar to the existing Stadium and elevators to serve the track offices. He ad- vised that every effort has been made to make the appearance and aesthetic quality in keeping with the image created by the Anaheim Stadium. A colored rendering of the proposed facility was viewed by the City Council. Mr. Coons reported that they have already agreed to make the fa- cility available for other satellite uses contemplated by the Parks and Rec- reation Director and Stadium and Convention Center Director, such as driver education, model airplane races, etc. He noted that the use of this facil- ity would preclude the necessity of opening the Stadium to serve those people using only a portion of the parking lot. In conclusion, Mr. Coons reported that the plans and proposal have been reviewed by representatives of the California Angels. Mr. Harry Knisely advised that the annual projected revenue now presented is $317,000.00 plus, and anticipating a 12% growth factor will increase the projection to $400,000.00 within two or three years. Councilman Stephenson questioned the noise factor that must be taken into consideration. Mr. Jay De Dapper, former president of Redel Incorporated, which was involved in establishing noise level standards presently incor- porated in the existing City Ordinance in 1965, advised that during that time their company did a study of sound pressure level measurements at the Lions Drag Strip in Long Beach, and measuring at distances from 1/4th to 1/2 mile from the track, both in and outside residential areas, no DB level higher than 75 units was noted during a race,which was only 5 or 6 DB over the background levels. They found that the races were short in duration so that the period of contention ranged from 5 to 10 seconds and was not something of a continuous nature. In comparison, other typical sounds around the City, such as at 5:00 P.M. at Lincoln Avenue and Anaheim Boulevard, the sound level of cars passing might be as high as 90 DB, com- pared to 75 DB found during the race. Mr. De Dapper reported that a 75 DB level at 1/4th mile was equiva- lent to an automobile going 40 or 50 miles per hour passing your ear at 50 feet. He noted different effects that deaden noise and stated, in this case, the track is so designed as to channel the noise in the direction along the length of the track, and according to Federal Standards, there is no danger below 82 DB and the maximum they measured during an actual race in 1965 was 75 DB. In reply to questions raised by Councilman Stephenson, Mr. De Dapper stated, in his opinion, people living within 1/8th mile would not be affected by the noise produced, with the possible exception of those people who are always offended at any disruption of their life, such as when a truck passes by, etc. As to the nearest resident, Mr. Coons reported the nearest resi- dence would be 1,100 feet from the stand structure or 1,400 feet from the starting line. Mr. De Dapper reported that with the development of the Orange Freeway, it could be categorically said that no noise emanating from the proposed track would pass the Freeway; the Freeway will buffer any noise from the area in the City of Orange. 71-747 City Hall, Anaheim, California - COUNCIL MINUTES - December 14, 1971, 1:30 P,M. Mr. Coons also referred to another report made in 1964 by Paul S. Veneklasen and Associates, consultants in acoustics, on the subject of drag racing sound levels, and read from the report some of their observations. Mr. James Tice, President and owner of American Hot Rod Association, reported that if approved, the Anaheim International Raceway will open in ap- proximately six months; whereas most of the tracks are 1/4th mile, this will be 1/8th mile - the 1/8th-mile tracks are-being developed in the interest of safety and to encourage the industry to slow down the cars, as the maximum hazard to drivers and spectators occurs beyond the acceleration area but in the shutdown area. The 1/8th-mile facility will provide 190 t~ 195 miles per hour speed instead of 240 miles per hour speed on the 1/4th-mile track. Mr. Tice stated that Anaheim's facility will be a pilot project of a first class short course, in that no super stadium has yet been built for a short course. It will be a project patterned throughout the Country. He re- ported that with the cost of real estate and the necessity of 3,000 feet or longer distance for the 1/4th-mile race track, it is becoming increasingly difficult to expand the sport in the large metropolitan areas unless it is reduced to a shorter distance. Being a former racer, Mr. Tice stated he ques- tioned why there ever was a longer track, as the short track provides for greater safety; the races are closer, you can see the finish as well as the start, and every major league race car driver involved in drag racing today 'will race on the proposed short course. As to noise, Mr. Tice felt the proposed track will be the best buffered drag racing facility in the United States. It has been so designed not only to buffer the noise, but to provide excellent viewing. In answer to question asked by Councilman Roth as to the possible increased noise with the increase of the machine horsepower, Mr. Tice replied that actually less noise is being generated, and this is due to recent engin- eering to the header adaption. In answer to another question by Councilman Roth as to the use, Mr. Tice advised that drag racing vehicles only will be run; there will be no motor- cycles or midget racers run. In reviewing the financial terms of the proposed contract, M~yor Dutton suggested a $1,000.00 per month fee from the date of possession of the property to the completion date of the facility, to which Mr. Tice agreed. Councilman Stephenson asked if they proposed to sell beer, and Mr. Tice replied if they were successful in obtaining a permit, they would sell beer in the grandstand area, but not in the pit area. Reference was made to the recommendations of Mr. Tom Liegler, Sta- dium and Convention Center Director, recommending approval of the proposal, subject to the City retaining the following: 1. Scheduling. 2. Maintenance of structure and grounds. 3. Food and beverage service. 4. Crowd control and parking lot staffing. Mr. Tice stated they would have no objection to the City designat- ing the concessionaire, however, they would like to work with the City for ~atual interests. They would, however, like the right to schedule at any time the California Angels are not scheduled. Councilman Thom felt the City would have to retain control of sched- uling, due to other events at the Stadium. Mr. Tice reported they would schedule around baseball and football, but would not accept any restrictions in scheduling other than that, as it would be impossible for him to spend one million dollars on a facility and at a later date, possibly dealing with another City Council who have control of scheduling, find perhaps only two races for the entire year had been sched- uled. 71- 748 C__it_y._~a_~ll. Anaheim~__California- COUNCIL MINUTES- December 14~, 19___Z71~ 1__i:.3_0 P.M. M~~. ~ardoch advised that the concern of Mr. Liegler was the other events that might be in conflict and it is a matter of working the schedule out with any tenant. Many of the events can occur simultaneously, depending, of course, on available parking. However, some events might conflict, such as the 4th of July Spectacular. In his opinion, the City must have some control to avoid direct conflict. Mr. Tice again advised that he would not accept the City's carte blanche control of scheduling. He would, however, accept certain specific events and dates othe~ than professional football or baseball. Mr. Coons stated that this item was discussed at length with Mr. Liegler and it was his opinion that Mr. Liegler wanted to check the racing events with the other events scheduled so as to avoid conflict. It was noted that at the time of the discussion there presently is adequate park- ing to accommodate a race event and a junior college football game at the same time. This is the dual use intended. Mr. Coons did not believe that Mr. Liegler wanted the right to schedule the events, but he wanted the right to check them. As to other controls to remain with the City, Mr. Tice stated no objections to the City retaining the maintenance of the structure and grounds and felt it reasonable for the City to have the right to refuse a specific concessionaire, and if the City has a logical and reasonable objection to any particular concessionaire, they should not be used. Mr. Murdoch advised that a similar provision is included in the Angels' lease, where the City has the responsibility to operate the conces- sions or employ someone to do so, and the Angels have the right of refusal on reasonable grounds. Councilman Thom asked if the percentages proposed were in line with those of the Angels contract? Mr. Murdoch replied that he had not had time to make a detailed analysis as he only recently received the proposal, however,he had made a rather cursory examination, and it is a similar format and appears to be a reasonable approach, and if the revenues projected are realistic it is a proposal that should be seriously considered. Mr. Tice reported the projected revenues were "down the middle," and the activity must do close to that projected to be a profitable opera- tion, and if ~ ~id not, they would not be interested in funding the pro- ject. Councilman Pebley asked if the City would be required to subor- dinate to the construction loan? Mr. Tice replied that they might ask the City to allow them to subordinate the property to lend value to the lease. Mr. Knisely advised that although this has not been gone into he would feel any subordination would be subordination of a lease along the line of the Royal Inns lease, and would be the lease only, and not the real es tate. Mr. Tice reported they probably would want to subordinate the lease. Briefly discussed was the issue involving the possessory inter- est, and it was agreed that this item be thoroughly explored in the event an agreement is entered into. Mr. Ted Bowsfield, representing the California Angels, advised that the Angels are interested in creating revenue for the Stadium, and from what appears in the proposal, will go on record in favor of this type of operation and recommend its approval. 71-749 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 14, 1971, 1:30 P.M. As to parking, Mr. Bowsfield felt there would be no problem and that sufficient parking for both uses are presently available. Mr. Coons reported that Mr. Dick Glover was present to speak on behalf of the proposal, however, because of the hour, had to leave. Submitted and read was a letter from Mr. Reuben P. Hughes, of R.J. Reynolds Foods, Inc., favoring the proposal. At the conclusion of the discussion, Councilman Dutton moved that the City staff be authorized to meet with the attorneys for the proponents to draft an equitable agreement acceptable to the City, with Anaheim Race- way, in accordance with proposal submitted, to be further considered by the City Council. Councilman Stephenson stated that with assurance received that there would be no annoyance from noise, he would second said motion. Councilman Thom stated he felt everyone was impressed by the oppor- tunity to secure the additional revenue. Question was called for: Ail Ayes. MOTION CARRIED. FLOOD HAZARD REPORT: Mr. Murdoch advised that a presentation by the Corps of Engineers and Orange County Flood Control District on the recent Corps of Engineers Flood Plain Information Report has been scheduled for 10:00 A.M., Tuesday, December 21, 1971. UNDERGROUND ELECTRICAL LINES: Mr. Murdoch reported that installation of elec- trical transmission lines on Imperial Highway has progressed to the point where they now need to begin construction adjacent to the shopping center and Calprop development at Santa Ana Canyon Road and, since the Council has expressed a desire to retain the natural and open appearance of the Canyon Area and the Calprop Corporation agreed to additional dedication to allow a center island in the road at that point opening up the vista into the Can- yon, the possibility of installing underground lines for the 1,950 feet in- volved at an additional cost of $55,000.00 to $59,000.00, rather than over- head lines, was discussed with Calprop Corporation, and they were concerned about the amount of extra money involved. He added that pole lines could be installed on the opposite side of the street where the high school will be built; however, most of the drops for service would be on the development side of the street, and since the high school probably would take single service the number of overhead wires would be increased. Mr. Murdoch also stated that, in his opinion, since the transmis- sion lines at this point would serve both sides of the street and also the shopping center and a portion of the remaining Yorba property, it would be unjust to expect Calprop Corporation to pay the entire differential of $55,000.00 to $59,000.00 for these underground lines. Utilities Director Gordon Hoyt advised that to install underground lines in the entire Scenic Corridor area would cost an estimated $7,000,000.00. Mr. Murdoch suggested the 1,950 feet in question could be installed underground as a test case to determine how much of the cost should be borne by abutting property owners and whether the City should bear any of the c0st~ that there would have to be some way to recover the cost of such a program, probably through the rate structure. He advised that in discussion with the Calprop Corporation representatives and Ben Yorba, both had indicated a wil- lingness to participate to some extent in the cost of such an installation. Mr. Murdoch stated a major concern, should construction of over- head lines be stopped at this point, would be whether cable for underground lines could be delivered in time to serve the development. 71-750 City Hall, Anaheim, California - COUNCIL MINUTES - December 14~ 1971~ 1:30 P.M. Mr. Hoyt advised delivery time on cable is approximately 3 months. Electrical Superintendent George Edwards stated a temporary over- head line, with four or five poles, could be constructed and no easements would be necessary in this case. Mr. Murdoch remarked he was under the impression there would be no difficulty in getting easements for the underground installation and that there is an existing 12 KV lihe to tie into at that point. Council indicated a desire to install the approximately 2,000 feet of underground line as discussed, determination to be made later as to whether or not such a program should be continued. Mr. Hoyt advised no specific Council action would be necessary at this time as long as the indication had been made that they wished to proceed with this project; however, financing and other similar problems would have to be considered, as well as a policy, as soon as recommendations can be prepared. He added that if the Council should declare an underground district, abutting property owners would have to pay for the installation. GOLF COURSE GREEN FEES: The City Manager recommended that inasmuch as Golf Course play for the first quarter of the present fiscal year showed a decline, green fees be decreased as of January 1, 1972, from $4.00 to $3.50 for 18 holes of play on weekdays, and from $2.25 to $2.00 for 9 holes, replay to be $1.50; that 18 holes of weekend play remain as is, but that 9 holes of weekend play be decreased from $3.50 to $3.00, and replay from $3.00 to $2.00. RESOLUTION NO. 71R-545: Councilman Pebley offered Resolution No. 71R-545 for adoption, establishing green fees at the Anaheim Municipal Golf Course, effective January 1, 1972, as recommended by the City Manager, and repeal- ing Resolution No. 71R-227. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING GREEN FEES TO BE CHARGED AT THE ANAHEIM MUNICIPAL GOLF COURSE, AND REPEALING RESOLUTION NO. 71R-227. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 71R-545 duly passed and adopted. P~CESS - EXECUTIVE SESSION: At the request of the City Manager, Councilman Peb- ley moved to recess to Executive Session for the purpose of discussing liti- gation. Councilman Stephenson seconded the motion. MOTION CARRIED. (5:45 P.M.). ADJOURNMENT: At the conclusion of the Executive Session and upon return of all Councilmen to the Council Chambers, Councilman Pebley moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 6:15 P.M. City Clerk