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1973/05/01_~:_~[¥ tlall~_Anahei..m, Caljforniq- COIm,'IL MINUTES- May 1, 1973, 1:3(.) I?.M. The City (:o~ncil of .1~,~ City of Anaheim met in regular session. PRESENT: AB S E ITE: PRI{SF, NT: C OUNC I L~N: COI]NCi I~I<N: ~tton ~i[TY ~NAGER: Keith A. Murdoch ADMINISTRATIVE ASSISTANT: John Harding CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLgRK: Alona M. Farrens UTILITIES DIRECTOR: Gordon W. Hoyt PERSONNEL DIRECTOR: Garry McRae CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: ZONING SUPERVISOR: Charles Roberts PLANNING SUPER¥ISOR: Don McDaniel ASSISTANT PLANNER: Ralph Compton ',~tepb~:~,~sol~, 'Pebley, Thom and Sneegas Ronald Thompson Mayor Pro Tcm Sneegas called the meeting to order. ~NVO~aTION: Lt. Neal Hogan of the Salvation Army gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of Allegiance to the Flag. INTRODUCTION - MISS ANAHEIM, 1973: Mrs. Collette Kelly, of the Women's Divi- sion, Anaheim Chamber of Commerce introduced Miss Terry Olden who was selected a~ Miss Anaheim, 1973, to the Council. ~yor Pro Tem Sneegas congratulated Miss Olden and presented her a spray of roses and an Anaheim "A" symbol with appropriate inscription. iqlOCLAMATIONS: The following proclamations were issued by Mayor Pro Tem Sneegas and unanimously approved by the City Council: "Cultural Arts Month in Anaheim" - May 1973. "American Business Women's Association Scholarship Month" - May 1973. ~ESOLUTION OF SUPPORT: A Resolution of Support of the V.F.W. Buddy Poppy Days, May 18 and 19, 1973, was unanimously adopted by the City Council. Mr. Hough of V.F.W. Post No. 3173, accepted the resolution. I~.IilSOLUTION OF CONGRATUI~TIONS: A Resolution of Congratulations on the occasion of the golden anniversary of the founding of Our Ladies Institute of the Rosary No. 109 wa~ unanimously approved by the City Council. ,i~TRODUCTION OF NEW EMPLOYEES: b~. Frank Campagnoni, of the City Personnel ' Department, introduced 32 new employees attending the Council meeting as a part of the City's orientation program. Mayor Pro Tem Sneega~ welcomed the new employees. MI~fES~ Minutes of the Anaheim City Council. Regular Maetings held April 3 and April 10, 1973, were approved on motion by Councilman Thom, seconded by councilman Stephenson. 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 ~,f reading is hereby given by ~11 Councilmen unless, after reading of the title, ~pecific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. Ri£FORT- FINANCIAL DEMANDS A~INST THE CITY: Demands against the City, in the amount of $1,968,096.37, in accordance with the 1972-73 Budget, were approved. ?%JiSL[C }{EARING - ABANDON~MENT NO. 72-!2A: In accordance with application filed by f~au] D. Kiely, Kiely Corporation, public hearing was held on proposed abandon- ~ent of a roadway reservation located south of Katella Avenue, east of State ,i~ollege Boulevard, pursuant to Resolution No. 73R-142, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of ~}~, proposed abandonment subject to the following conditions. 7 3- 354 City }{all, Anaheim, California- COUNCIL MINUTES- May 1~ 1973, 1:30 P.M. 1. Reserving therefrom an easement for public utility purposes over~ tmder and across the southerly ~ feet ot said parcel to cover existing City of Anaheim water line and utility line. 2. The Pacific Telephone Company has existing facilities and request reservation of an easement for public utility purposes over, under and across the southerly 8 feet of said parcel to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures as the company may from time to time require consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances. Mayor Pro Tem Sneegas asked if anyone wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO 73R-168: Councilman Pebley offered Resolution No. 73R-168 for adoption~ approving Abandonment No. 72-i2A as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THERE- FROM CERTAIN EASEMENTS FOR PUBLIC UTILIWV PURPOSES. (No. 72-12A) Ro}l Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-168 duly passed and adopted. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 125: Initiated by the City Planning Com- mission to consider an amendment to the Anaheim General Plan, Streets and circula- tion Element, proposing extension of Fairmont Boulevard, south from La Palma Avenue to Canyon Rim Road; relocation of Access Point No. 9; establishment of a new Access Point No. 9A; and provision of local street circulation patterns thereto. The City Planning Commission pursuant to Resolution No. PC73-60, recom- mended adoption of General Plan Amendment No. 125, Exhibit "A", to provide for a means of local circulation to and through Santa Ana Canyon between Anaheim Hills Road and Mohler Drive, to establish new access points as part of the Santa Ana Canyon Access Points Study, and to provide for the extension of Fairmont Boulevard in order to meet the intent of the County of Orange Master Plan of Arterial Highways. ~ ~e boundaries of the ~'~..u~,~m Rj~ Road to the south, He noted that Santa i~4~ves, while the pro- ~nto east and west halves. arming Commission in F...,ad i)epautment dated ],~vard from La Palms bet:ween the Riverside of an access point; ,,~-rherly from Canyon Rim ;arv-~on Road as a secondary ~.kdtler :.;f~i. ve area; '.,isiop. between Access Point Nos. 8 point to Santa Aha Canyon Road; pl ;~ genera] area regarding poten- 2- :*,:tst of Anaheim ttitls Road and were developed ,.c:,n june t i on with 73-355 City Hall, Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1:30 P.M. 1~ Extension of second~ry arterial highway (Fairmont) south from La Palma Avenue across the river to Santa Ana Canyon Road. 2. Establishment of a general alignment for the hillside secondary highway west of Mohler Drive between Santa Ana Canyon Road and Canyon Rim Road. 3. Relocation, addition and up-dating of access point plan for Santa Ana Canyon Road. 4. Preliminary circulation plan for local, public and private streets south of Santa Ana Canyon Road between Anaheim Hills Road and Mohler Drive. Mr. McDaniel advised that these four proposals are incorporated into the three exhibits, '"A", "B" and "C" posted for display on the wall of Council Chambers and further explained as follows: Exhibit "A" shows the extension of Fairmont Boulevard as a secondary arterial south from its present terminus at La Palma to Santa Ana Canyon Road, intersecting Santa Ana Canyon Road at a new Access Point No. 9A, and continuing south as a hillside secondary to Canyon Rim Road. Access Point No. 9 would be relocated approximately 1200 feet westerly from its present location to provide local street access from both north and south of Santa Aha Canyon Road and would be the nucleus for a circulation pattern to serve the planned community of Anaheim Hills. In Exhibit "B" Fairmont Boulevard would not be extended south from La Palma Avenue. The hillside secondary between Santa Ana Canyon Road and Canyon Rim Road would be realigned west of Mohler Drive and "T" into Santa Ana Canyon Road at a new Access Point No. 9A, approximately 150 feet east of existing Access Point No. 9. A new Access Point No. 8A approximately 610 feet west of Access Point No. 9 would provide for circulation both north and south of Santa Ana Canyon Road. Exhibit "C" illustrates the extension of Fairmont Boulevard as a secondary arterial south from La Palma Avenue intersecting Santa Aha Canyon Road at Access Point No. 9. A new Access Point No. 8A would be added approxi- mately 1200 feet west of Access Point No. 9 and serve as an intersecting point for an arterial collector street northerly and a local street southerly. The existing Mohler Drive would become a hillside secondary. In all Exhibits, the hilly terrain south of Santa Ana Canyon Road would be served by local and private streets. Mr. McDaniel noted that the Planning Commission following considera- tion of the three exhibits has recommended adoption of Exhibit "A" as the one which would best provide access and circulation to this area. Mayor Pro Tem Sneegas asked if anyone wished to address the Council regarding the General Plan Amendment No. 125. Mr. Jack Wood, Engineer, McCarthy Company, 2535 West La Palma, ad- vised that his firm has purchased property which falls within the boundaries of the area affected by General Plan Amendment No. 125 and that their efforts to develop this property would be hampered by the proposed alignment of Fair- ~ont Boulevard as shown in Exhibit "A". Mr. Wood displayed a map of subject property which depicted the proposed alignment under Exhibit "A" as well as several alternative alignments ~eveloped by the McCarthy Company, and requested that Council defer action on General Plan Amendment No. 125 to allow his firm an opportunity to submit their land plan which would incorporate possible alternative alignments through their portion of subject property. He advised that preliminary discussions have been held with the City Planning staff and their proposed concept is basically acceptable to staff; and that they would be able to submit a land plan and map within 30 days. In answer to Councilman Pebley, he stated he had discussed the pro- posals for alignment of Fairmont Boulevard with the City Design Engineer, William Devitt, who advised that the adoption of any of these exhibits would establish a general alignment with the precise alignment remaining negotiable. Mr~ Wood was of the opinion the precise alignment of such an important arterial could best be accomplished by the City Council after receipt of all input, as individual engineers tend to be myopic regarding such an overall plan, as their main interests lie in their own particular project. City Hall~ Anah~m, California - COUNCIL MINUTES - May 1, 1973, 1:30 P.M. Mayor Pro Tern Snt, t:g;is asked if anyone c, lse either in favor or opposed to General Plan g~ncnd,nenr No. 12.5 wished to address the Council. Mr. James G. Stroup, 4i27 Weik Avenue, Bell, California, indicated that he owns property located within the area affected by General Plan Amendment No. 125 and pointed out that one of the service roads as projected on the exhibJ, ts .~hown would undoubtedly cause a serious drainage problem for his property. He refcrr~d to increased water, mud and silt which he has experie,~ed s~nce the development of an adjacent property and suggested that relocation of the road slightly to the west would be more suitable. Mr. McDaniel assured Mr. Stroup and the Council that the roadways and local streets as shown on the exhibits are not intended to be precise alignments but a representation of a suggested plan, indicating potential need for access and c~rculation in a particular area, which could be modified following adoption of the General Plan amendment. Councilman Pebley inquired if continuing discussion on the General Plan ~ncndment for 30 days to allow the McCarthy Company an opportunity to file their land plan, as requested, would have a detrimental effect. City Attorney Joseph Geisler advised that should the Council elect not to act on the General Plan Amendment under consideration for 30 days, this would in effect mean that the City has no Master Plan indicating an arterial highway into this area and would allow a developer to file a tract map without any reference to such a road; whereas if the Council adopts one of the exhibits then the map submitted must accommodate the presence of this proposed arterial, although the precise alignment would still be subject to change Mr. Raymond Marsile, 1515 Riviera Drive, Santa Ana, owner of property within the study area, stated his approval of Exhibit "A", and urged the Council to take action this date, as this would permit his development plans to proceed. H~ advised that his property has been landlocked for 15 years, with subsequent pzobler~s in its sale and development because of the access problem. Mr. James Liberio, 1720 West La Palma, posed a legal question regarding the position of those property owners affected should an access point (specifically No. 9) be relocated or deleted. - Mr. Geisler advised that the question was much too complicated to an- swer without review of the maps and background information, but that private easements would remain in effect, and that as far as the access points are concerned the State has purchased access rights for all of Santa Ana Canyon Road and consequently those access points given by the City are permits only and are liable to revision, relocation or termination at the City's discretion. He further advised that once a street is installed it cannot be abandoned except by legal abandonment proceeding, but up to the time of installation of the street, there is nothing which constitutes any access point. Mr. Francis Horvath, Newport Beach, representing Mr. Arthur Whizin, asked how thc alignment propos¢d would affect bis client's property (Canyon Cafe) and whether a relocation would be possible following adoption of General Plan Amendment Nee 125. Mr. McDaniel answered that the access point will be established by a pr~p~sed development on th~ north side o± Santa Ana Canyon Road, which would require a four-way intersection lining up with Fairmont Boulevard. His client's property, while it does not have any legal access points to Santa Ana Canyon Road presently, will probably be provided with same by the extension of Fairmont Boulew~rd. Mayor Pro Tom Sneegas closed the hearing. City Manager Keith Murdoch emphasized that in connection with the proposed General Plan regarding the extension of Fairmont Boulevard and bridging across the river, consideration as to whether the cost of such facility is actually justified by the need therefor should also be carefully evaluated. In this connection he referred to the study prepared by the City Engineer giving projected traffic counts on the major roadways in the Santa Ana Canyon area, with and without the extension of Fairmont Boulevard, which report demonstrates the necessity for this additional arterial. 73- 357 City Hall, Anaheim, ~aliforniai - ~0UNC~L M~NUTES - May 1, 1973. 1:30 P.M, Mr. Maddox outlined the preliminary cost estimates of the ultimate bridge and roadway over existing freeway, indicating the proportionate amounts to be paid by the various governmental agencies as follows, for a total estim- ated project cost of $1,8~9,500. He cautioned however that a 5% inflation factor should be added to this sum for each year the project is delayed. The State's share (as if no freeway) The County's share The Developer's share (right-of-way) The City's share $637,000. 767,000. 229,500. 216,000. In answer to Councilman Stephenson, Mr. Maddox advised that based on the proposed densities, without the proposed extension of Fairmont Boulevard, all of the present roadways, i.e., Esperanza, La Palma, Santa Ana Canyon Road and Imperial Highway, would be overloaded, so the extension would benefit the ge~eral traffic pattern. He referred to the report submitted by the Police and Fire Departments which indicates they find the proposed improvement necessary in order to provide the levels of service required in the hill and canyon area. Further Mr. Maddox indicated that this extension is presently shown on the County Arterial Master Plan and if the City wishes to continue its participation in A.H.F.P. Program this must also show on the City's Plan. Mr. Murdoch observed that if the decision is not made to include the Fairmont extension in the General Plan at this time, then it will not be shown on any tentative or final tract maps submitted, and should the City then reverse their action in the future, the City will be placed in the position of having to purchase the property, including any homes, which lie within the right-of-way at a substantially higher cost. Councilman Pebley offered Resolution No. 73R-169 for adoption, adopting General Plan Amendment No. 125, Exhibit "A" as recommended by the City Planning Commission, noting this is a general alignment with precise alignments to be further considered with developers of the properties to be served. Mr. Wood of the McCarthy Company again reiterated that it was his opinion, in considering the configuration of the land in question, that the alignment presented in Exhibit "A" is not the optimum location from both engineering and aesthetic viewpoints. He further felt that the adoption of Exhibit "A" will render the McCarthy Company property undevelopable, and that they would prefer that Council adopt Exhibit "C" of the three presented, or consider additional proposals submitted by them. Mr. Thompson stated that the City, at staff level, is concerned that additional ingress and egress to the canyon area between Santa Aha Canyon Road and the Riverside Freeway be provided since 100 acres of tracts have been approved in this area which are dependent upon establishment of an access point, and noted that the configuration formed by Nohl Ranch Road, Anaheim Hills Road and Serrano Avenue is a very long arterial cul-de-sac. Further, he was of the opinion that if Council does not feel this alignment appropriate at this time, that building permits should be withheld and no further tracts be considered in this area, since the City might inadvertently approve a tract which lies within the ultimate right-of-way and which the City will have to acquire at a later date. RESOLUTION NO, 73R-169: Councilman Pebley restated his offer of Resolution No. 73R-16§ ~or adoption, adopting General Plan Amendment No. 125, Exhibit "A" as recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 125, EXHIBIT Roll Call Vote: AYES: COUNCILM~.N: NOES: COUNCILM~N: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-169 duly passed and adopted. 73- 358 City Hall, Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1;30 P,M. BUSINESS LICENSE FEE WAIVER - ST. A~Q~ CTmRgT SCHOOL FIESTA: Request of T. H. Thompson, Jr., General Fiesta Chairman, St. Anthony Claret School, dated April 27, 1973, for waiver of the business license fee in connection with the 16th Annual St. Anthony Claret School Fund-Raising Fiesta to be held May 18, 19 and 20, 1973 on the school's grounds at 1450 East La Palma Avenue was submitted together with reports from the City Attorney, Police Department and License Division reco~nending approval. On motion by Councilman Thom, seconded by Councilman Stephenson, said request was granted in accordance with Council Policy No. 305 and subject to the General Chairman of the Fiesta and the owner of the carnival contacting Lt. Bud Fair of the Anaheim Police Department regarding the types of games to be used at the event. MOTION CARRIED. HIGH WATER BILLS - MR. AND MRS. WALTEg M. COCHRAN: Mr. Walter M. Cochran, 3157 West Polk Street outlined his situation regarding disputed water utility bills as follows: He received bills from the City's Water Division for the periods of June 29 to August 30, 1972 and August 30 to October 30, 1973 in the amounts of $101.72 and $45.84 respectively. He contended that it was impossible for his family to have used the amount of water which this billing implies and that in fact they did not, but that the meter registered incorrectly. Submitted together with Mr. Cochran's complaint were correspondence to the Cochrans from Mr. Gordon Hoyt, Utilities Director, dated April 18, 1973 as well as a memorandum from Mr. Hoyt to the City Council dated April 24, 1973, outlining the steps taken to investigate the disputed bills and the ensuing events as follows: 1. October 17, 1972 - Mr. Carol Ennis, Customer Service investigated the situation at the Cochran's and observed a slight meter creep with all faucets turned off, which was attributed to a dripping faucet. 2. October 26, 1972 - The Water Division removed and tested the ~eter in service at the Cochran residence, which was found to register accurately, and installed a new water meter. 3. December 20, 1972 - Mr. Ament and Mr. Sears visited the Cochran residence and simulated a dripping faucet condition. They were unable to detect any movement on the meter dial as a result of this test. They indicated at that time that the dripping faucet observed by Mr. Ennis on October 17, 1972 in their opinion had not been responsible for the meter creep. This opinion was substan- tiated by the fact that the old meter which had not been repaired, was tested and a drip condition did not cause movement of the meter dial. Mr. Gordon Hoyt, Utilities Director, stated that based upon the findings of their extensive investigation and the tests conducted on the meter it is the position of the Water Division that the disputed bills are correct; however due to the fact that the Cochrans may have been misled into thinking they did not have a leakage in their plumbing system on October 17, 1972, the billing for the period of August 30 to October 30, 1972 was adjusted, decreasing this by $29.31. The outstanding sum now totals $118.25. Mr. Walter Cochran contended that if the excessive water consumption reflected on his bill was due to a leak, the amounts of the bills would be similar whereas his two high bills were $101.72 and then $45.84 and then the bills dropped to a normal range, his bi-monthly bill for October 30 to December 30, 1972 being $4.56. In addition, if the water loss is attributed to a broken hot water line, Mr. Cochran maintained that this would also be reflected in higher gas bills, but on comparison these reveal no elevation over the usual amounts. Further he stated that when he did locate a broken hot water line, on approximately December 12, 1972, this was several weeks after the bills had reverted to within the average range. That until this time, there was no evi- dence of leakage in his yard or audible night sounds of water running through the pipes. Councilman Sneegas inquired how these two high bills compare with water bills computed during previous summers, and in response Mr. Hoyt displayed a graph representing the Cochran's previous year's billings which indicated two inordinately high peaks. 73-359 City Hall, Anaheim, Cal~forn$~ - COUNC%L MINUTES - May 1, 1977, 1;30 P.M. Mr. Cochran reiterated that it would be physically impossible to use the amount of water ~mplted in these two billings and insisted these were incorrect either due to a faulty meter or human error in reading same. Mr. Hoyt assured him that the meter readers are not permitted to estimate meter readings and outlined the procedures used to check an abnormally high meter reading. At Mr. Hoyt's request, Mr. Darrell L. Ament briefly described the investigatory procedures employed regarding Mr. Cochran's complaint. Mr. Geisler advised that the City is responsible for any loss of water up to the meter; once the water passes through the meter into the customer lines, he must pay for it, and it is not the City's responsibility to determine if it was used advantageously. If the meter is found to be faulty an adjustment could be made, however, in this case the meter was checked by machinery and found to be registering accurately, therefore the billings are correct and any further adjustments would be a gift of public funds. Councilman Thom asked if there were other such instances of unusually high water bills and Mr. Hoyt advised that other high water bill complaints have been received and t~e meters subsequently checked registered as reading accurately within one or two percent. He further noted that when a meter is found to malfunction, it generally runs slow, permitting more water to pass through than is recorded, and that something has to pass through the meter to make it register. Mr. Cochran asked whether air passing through the meter would register, to which Mr. Moyt answered affirmatively, however if this was the case, the air would be i~n the main lines and the neighbor's meters would also indicate an increase. Councilman Sneegas requested to see an actual water meter such as the type under discussion and a meter was brought to Council Chambers. Following investigation of the meter, Councilman Sneegas stated that he was satisfied that the mechanism would not register unless something passes through. Councilman Sneegas thereupon moved that the request for relief from subject high water bills totaling an adjusted amount of $118.25 be denied; that the adjustment reducing these bills from $147.56 to $118.25 made by Mr. Hoyt be approved; and that an equitable schedule of installment payments be worked out for Mr. Cochran. Councilman Stephenson seconded the motion. MOTION CARRIED. VARIANCE NO, 2144 - EXTENSION OF TIME: City Attorney Joseph Geisler summarized the action taken by the Council on March 13, 1973, and stated that the Rannow sisters authorized a compromise settlement on the same terms as previously set forth by the City (March 13, 1973) provided that the extension of time be granted for 18 months rather than the one year stipulated at that time. He reported that the proposed 18 month extension would begin on the expiration date of the variance, which was February 24, 1973. Mr. Geisler told Council he had been assured by the attorney for the Rannow sisters and Mr. Margulieux, that the documents for the required dedication have been completed and are available for early transmittal. Mr. Geisler thereupon advised, in answer to Councilman Stephenson, that he feels this is a good compromise settlement of the matter as it presently stands, and would reco~nend that Council approve ~ame. Councilman Sneegas asked if acceptance of these terms would permit the City to perform the work required to correct the problem at the inter- · section of Cerritos and Euclid to which Mr. Geisler answered affirmatively. Mr. Scott Raymond, Attorney for Mr. Margulieux and for Ida and Marion Rannow requested clarification from Council relative to the City's intent as far as construction is concerned, noting that a street widening project in front of the fruit stand would limit or obstruct the present use of the property, thereby rendering the property unusable for Mr. Margulieux' purposes. He felt it appropriate to establish as a portion of the agreement that if there is any construction at the intersection of Cerritos and Euclid that it be of a nature which would not impair the continued normal operation of the fruit market. 7 3- 3~0 City Hall, Anaheim, California- COUNCIL MINUTES- May 1, 1973, 1:30 P,M. Mr. Geisler advised Mr. Raymond that the modification to be conducted at Cerritos and Euclid would involve signalization, and that street widening in the area of the fruit stand would be put off until such time as the extension of time had expired. He noted that the street could not be widened to its ultimate width without removing a portion of the fruit market which is within the right- o~way. The Council indicated concurrence with Mr. Geisler's statement. Councilman Sneegas inquired as to the possibility of further requests for extensions of time to continue operation following expiration of subject extension to which Mr. Raymond answered that Mr. Margulieux intends to cease his operation on August 24, 1974 and not to lease, sell or otherwise transfer same to any other person. Mr. Raymond advised the Council that should they accept this proposal, he will forward a letter to the City Attorney's Office stating that the trans- mittal of deeds was based upon the continued existence of the judgement of this Council for the period agreed. On motion by Councilman Stephenson, seconded by Councilman Sneegas, an 18 month extension of time retroactive to February 24, 1973 and expiring August 24, 1974 was granted subject to receipt of the required dedication within one week, and no further extensions to be granted. MOTION CARRIED. Mr. Raymond was directed by Mr. Margulieux to deliver the deed documents and the transaction was completed, the City Attorney accepting same on behalf of the City. RESOLUTION NO. 73R-170 - AWARD OF WORK ORDER NO. 1244: In accordance with recommenda- tions of the City Engineer, Councilman Stephenson offered Resolution No. 73R-170 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE HARBOR BOULEVARD SEWER IMPROVEMENT FROM APPROXIMATELY 245 FEET SOUTH OF TO APPROXIMATELY 500 FEET SOUTH OF VERMONT AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1244. (Munoz & Sons - $4,755.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Thom None Dutton The Mayor Pro Tem declared Resolution No. 73R-170 duly passed and adopted. RESOLUTION NO. 73R-171 - AWARD OF WORK ORDER NO. 676-A: In accordance with recommenda- tions of the City Engineer, Councilman Thom offered Resolution No. 73R-171 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE IMPROVEMENT OF CONVENTION WAY AND WEST STREET, IN THE CITY OF ANAI{EIM, WORK ORDER NO. 676-A. (Silveri and Ruiz Construction Company - $15,915.65). 73-361 City Hall, Anaheim, Californi~ - COUNCIL MINUTES - May 1. 1973. 1:30 P.M. Roll Call Vote: AYES: COUNCILMAN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Thom None Dutton The Mayor Pro Tem Declared Resolution No. 73R-171 duly passed and adopted. RESOLUTION NO. 73R-172 - AWARq OF WORK ORDER NO. 674-A: In accordance with recom- mendations of the City Engineer, Councilman Stephenson offered Resolution No. 73R-172 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY iCOUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE HARBOR iBOULEVARD AND NORTH STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 674-A. (R. J. Noble Company - $12,572.60) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley and Thom None Dutton The Mayor Pro Tem declared Resolution No. 73R-172 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Thom offered Resolution Nos. 73R-173 and 73R-174 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-173 - WORK ORDER NO. 736: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~AHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TWILA REED PARK GRADING AT THE SOUTHEAST CORNER OF ORANGE AVENUE AND PARKVIEW STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 736. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON- STRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - May 24, 1973, 2:00 P.M.) RESOLUTION NO. 73R-174 - WORK ORDER NO. 678-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~AHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WiT: TRAFFIC SIGNALS AND SAFETY LIGHTING MODIFI- CATION AT ORANGETHORPE AVENUE AND PLACENTIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 629-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - May 24, 1973, 2:00 P.M.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution Nos. 73R-173 and 73R-174 duly passed and adopted. 73-362 City Hall. Anaheim. California - COUNCIL MINUTES - May 1. 1973. 1:30 P.M RESOLUTION NO. 73R-175 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution No. 73R-175 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ashwill, Burke & Co.; Clark B. Biggers; B. H. Miller Construction Company; Warner-Lambert Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-175 duly passed and adopted. PROPOSED ABANDONMENT - RESOLUTION NO. 73R-176: Councilman Thom offered Resolution No. 73R-176 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (72-10A, May 29, 1973, 1:30 P.M.; portion of Struck Street, lying between Katella Avenue and Howell Street) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas None Dutton The Mayor Pro Tem declared Resolution No. 73R-176 duly passed and adopted. CLAIM AGAINST THE CITY: Claim submitted by Aggressive Engineering Corporation for man hours lost purportedly resulting from power failure caused by City transformer, on or about March 20, 1973 was denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Stephenson: a. City of Irvine - Opposing any change in the present method of ap- portionment of sales and use tax under the Bradley-Burns Uniform Local Sales and Use Tax Law. b. Orange County Water District, Board of Directors - Minutes - March 21, 1973. c. Anaheim Public Library Board - Minutes - March 19, 1973. d. Financial and Operating Reports for the Month of March, 1973 from the Electrical Division. MOTION CARRIED. ORDINANCE NO, 3160: Councilman Stephenson offered Ordinance No. 3160 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-11 - R-2) ORDINANCE NO, 3161: Councilman Thom offered Ordinance No. 3161 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~/NICIPAL CODE RELATING TO ZONING. (62-63-41 (1) - C-I) DRAINAGE POLICY: Proposed Council policy relative to drainage previously continued to this date, was further continued to allow staff time to complete further 73-363 City Hall. Anaheim. California- COUNCIL MINUTES - May 1, 1973, 1:30 P,M. studies and recommendation. Those persons requesting notification of the date this matter would again be scheduled on the Council Agenda were advised to file their names and addresses with the City Clerk. COST/FEE STUDY - ZONING AND LA~ USE PETITIONS: By general Council consent, consideration of the Cost,Fee Study was further continued to be rescheduled on a future agenda. ANAHEIM BOULEVARD - HASTER STREET OVERCROSSING - SANTA ANA FREEWAY: Further discus- sion of the priorities as!scheduled April 3, 1973 and report on prospective fin- ancing plans was presented by the City Engineer and City Manager. / Utilizing a large exhibit indicating the traffic flow pattern provided by the configurations under discussion, Basic Plan, Plan No. 1, Variation No. 2, Mr. Maddox demonstrated the various means of access to Anaheim Boulevard and explained the effects of each on the adjacent business properties. Implementa- tion of Plan No. tingent upon avai right-of-way on t of some of the bu the costs associa No. 2 would cost Plan. In cons freeway, Mr. Madd ing the Katella - Council to handle current no problem at thi Council implemented, the pattern desired b Mr. Mur is quite narrow a in order to handl bilities as parki Anaheim Boulevard ditional right-of blem potential, n interchange plans out the City whic Council Basic Plan to Pla in two phases; fi proved in the fut tion. Mr. Mur perienced on Anah stated that a sli construction year Ball Road. He fu Street, is presen At the prospective finan Basic from A.H.F.P. and be $325,000, whic Plan Nc two consecutive year. The remai [,Variation No. 2,which Council indicated they would prefer con- Lability of funds, would necessitate acquisition of additional ne northern side of the freeway, and would require relocation sinesses located along Anaheim Boulevard. Mr. Maddox compared ted with each plan, indicating again that Plan No. 1, Variation the City/County (A.H.F.P.) an additional $650,000 over the Basic idering the problem of access to Anaheim Boulevard from the )x noted that there is a sign presently on the freeway indicat- Anaheim Boulevard access off-ramp. nan Sneegas asked if the Katella Avenue off-ramp is adequate traffic demands, to which Mr. Maddox stated there has been point to date. .an Pebley observed that regardless of which of the plans is Haster Street overcrossing itself will provide the traffic the downtown merchants. och remarked that Anaheim Boulevard north of Vermont Street, nd would require a large expenditure to improve the situation ~ any significant increase in traffic. He outlined these possi- mg restrictions which would be the least costly; coupling with Lemon Street as a one-way couplet; or acquisition of ad- -way. He felt that Council should consider this traffic pro° prth of Vermont, along with the Haster Street/Anaheim Boulevard He further outlined the other freeway interchanges through- ~ are in need of modification. nan Sneegas noted that there is no significant change from the n No. 1, Variation No. 2 and that the project could be performed rst the Basic Plan and then, should Anaheim Boulevard be im- ure, the direct access could be provided with later construc- doch pointed out the graph exhibit indicating the traffic ex- eim Boulevard by years from 1961 to the present. Mr. Murdoch ght dip is evident for the section north of Vermont during the s as well as in recent years, but the reverse is true south of rther noted that apparently Anaheim Boulevard, north of Vermont tly handling about its capacity. request of Councilman Thom, Mr. Maddox presented the following cing plans for the two configurations under discussion: lan: The City would request $100,000 for two consecutive years $145,000 the third year from A.H.F.P. The City's portion would h is proposed from gas tax funds. · 1, Variation No. 2: The City would request $200,000 for ears from A.H.F.P., one quarter million dollars the third ing $650,000 would be financed from gas tax funds. 364 City Hall~ Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1:30 P,M. Mr. Maddox stated that there are many other areas at which gas tax funds could be spent, indicating specifically the Crescent overcrossing, Orangewood, modification of Harbor and Ball and Euclid and Lincoln. Although these projects have not been placed in a time frame as yet, they are urgent. He further noted that the La Palma and Brookhurst project is the first one scheduled and that the widening of La Palma Avenue was not included in that project and should be initi- ated as soon as possible. Councilman Pebley stated that after receiving this additional informa- tion and reviewing the exhibits showing the traffic experienced on Anaheim Boule- vard, his viewpoint is completely altered, and noted that the amount of traffic coming into downtown Anaheim has not changed significantly since 1964, whereas he was lead to believe that it had decreased. Councilman Sneegas felt that the two-way Haster Street overpass would alleviate the Harbor Boulevard and Convention Center traffic. Further he stated he could not see any added asset offered by Plan No. 1, Variation No. 2 when con- sidering the additional sum of money involved. He added that he felt that any further decision should be made at a public meeting. Councilman Thom stated he would be reluctant to make any definitive decision regarding a change in plans for this configuration unless this is done at an advertised meeting, allowing public participation prior to such decision. Councilman Thom thereupon moved that a public discussion relative to the Basic Plan and Plan No. 1, Variation No. 2 for the Haster Street - Anaheim Boulevard interchange of the Santa Ana Freeway be scheduled on May 29, 1973, 1:30 P.M. for the purpose of reconsidering the priorities as established April 3, 1973; and to direct the City Clerk to notify all of those parties who have expressed interest by their attendance at the previous discussion held April 3, 1973, or at the January 31, 1973 State public hearing, as well as those businesses located on the east side of Anaheim Boulevard which would be affected by Plan No. 1, Variation No. 2. Councilman Sneegas seconded the motion. MOTION CARRIED. ESTABLISHMENT OF NEW JOB CLASSIFICATIONS - STADIUM AND PARKING MANAGER; APPRENTICE CEMENT FINISHER: Mr. Garry McRae, Personnel Director, reported on recommendation that two new job classes be established, effective April 20, 1973, these being Stadium and Parking Manager and Apprentice Cement Finisher. In answer to Councilman Thom, Mr. Murdoch advised that the title Stadium and Parking Manager designates one individual who will have certain supervisory responsibilities at the Stadium as well as that of parking at the Stadium and at the Convention Center. RESOLUTION NO. 73R-177: Councilman Stephenson offered Resolution No. 73R-177 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 72R-481 AND ESTABLISHING NEW CLASSIFICATIONS. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas NOES: COUNCILMEN: None ABSENT: COUNCII2MEN: Dutton The Mayor Pro Tem declared Resolution No. 73R-177 duly passed and adopted. ADJOURNMENT: At the request of the City Manager, Councilman Pebley moved to recess to Executive Session to discuss forthcoming Labor agreements presently under negotia- tion, and in that no further action relative to this is required at this time, moved to adjourn the meeting following said Executive Session. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 4:04 P.M. Signed Deputy City Clerk