1973/05/08City Hall/ Anaheim~ California - COUNCIL MINUTES May 8~ 1973~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, 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: John H. Dawson
ASSISTANT CITY ATTORNEY: Alan R. Watts
CITY CLERK: Dene M. Daoust
UTILITIES DIRECTOR: Gordon W. Hoyt
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Rabbi Aaron J. Tofield of Temple Beth Emet gave the Invocation.
FLAG SALUTE: Councilman W. J. Thom led the Assembly in the Pledge of Allegiance
to the Flag.
PROCLAMATIONS: The following proclamations were issued by Mayor Dutton and
unanimously approved by the City Council:
"Salvation Army Week in Anaheim" - May 14 through 20, 1973.
"Poppy Days" - American Legion Auxiliary - May 18, 19, 1973.
"National Public Works Week" - May 20 - 26, 1973.
"Peace Officers Memorial Day" - May 15, 1973.
"International Shriners Hospital for Crippled Children's Day" -
May 20, 1973.
"Youth Week" - May 6 through 12, 1973.
Mr. Wilford Pennington, Exalted Ruler, Anaheim Elk's Lodge No. 1345,
accepted the proclamation and addressed the Council~ thanking them
for the City's cooperation in "Youth in Government Day", which is a
part of the "Youth Week" program.
Mr. Ken Clements, Public Information Officer, introduced the high
school students selected to participate in the "Youth in Government
Day" and the students took places in the Council Chambers with the
designated City official whom they will represent on Thursday, May 10,
1973.
PROPOSAL - SISTER CITY - CRACOWI POLAND: Mayor Dutton introduced Dr. Poraj-
Tucholski, Legislative Advocate to the Polish Ambassador, who presen-
ted a proposal that the Cities of Anaheim and Cracow, Poland, estab-
lish a sister-city relationship. Dr. Poraj-Tucholski felt this would
be an appropriate gesture in that the two cities have historical ties,
being the City of Cracow was where Madam Helena Modjeska was born
and lived, and the City of Anaheim was where she lived and died. He
related demographic statistics indicating the percentage of Polish
and German descendent Americans living within Anaheim and throughout
the United States, as well as the percentages of other nationality
groups, noting that Cracow, like Anaheim, has a high percentage of
German descendent citizens. Dr. Poraj-Tucholski further noted that
action by the City Council to join these two cities in a sister-city
relationship would be a step towards improving world understanding
and communication.
Councilman Thom expressed his approval of the principle of a sister-
city program, however he felt it would be more appropriate for Anaheim
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~ity Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
to enter into such relationship with a city which is of closer geo-
graphical proximity, such as in Mexico or Canada, as this would afford
the citizens of each city more opportunity to visit each other. In
addition he felt citizen acceptance should first be obtained.
Councilman Stephenson felt the idea should be taken under advisement
and not acted upon immediately.
City Manager, Keith Murdoch pointed out to have a successful sister-
city program requires substantial citizen-oriented action and support.
He suggested that this idea be presented to those who may have the
interest and would be willing to pursue it. He noted that the concept
of the sister-city program is that it be citizen activated.
Mayor Dutton suggested that Dr. Poraj-Tucholski have the represen-
tative in Cracow who are interested in this program send additional
information regarding that city and their ideas relative to the sister-
city relationship to Anaheim, and this information will be made avail-
able should a group advocating the sister-city relationship between
Anaheim and Cracow be formed.
~INUTES: Minutes of the Anaheim City Council Regular Meeting held April 17, 1973 were
approved on motion by Councilman Thom, seconded by Councilman Pebley. MOTION
CARRIED.
~AIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
of reading is hereby given by all Councilmen, unless, after reading of the title,
specific request is made by a Councilman for the reading of such ordinance or
resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED.
tEPORT- FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount
of $717,183.22, in accordance with the 1972-73 Budget, were approved.
~NTERTAINMENT PERMIT: Application filed by Joseph R. and Luz Scheer for permit to
allow girls dancing to juke box music at 1116 North Fountain Way, was submitted
and granted for a period of one year subject to the provisions of Chapter 4.18
of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion
by Councilman Stephenson, seconded by Councilman Thom. MOTION CARRIED.
~ECLASSIFICATION NO. 71-72-5, TENTATIVE MAPS~ TRACT NOS. 7785~ 7786 AND 7787 - EXTEN-
;IONS OF TIME: Request of Mr. Bruce G. Strickland, Project Manager, Toups Engineering,
Inc., was submitted for an extension of time to Tentative Maps, Tract Nos. 7785,
7786 and 7787 together with report of the Development Services Department and the
City Engineer, recommending said extension be granted to the Tentative Maps as
requested, as well as to Reclassification No. 71-72-5.
On motion by Councilman Pebley, seconded by Councilman Sneegas, a one-
year extension of time was granted to Reclassification No. 71-72-5, retroactive
to September 14, 1972 and extending to March 28, 1974; and a one-year extension
of time granted to Tentative Maps, Tract Nos. 7785, 7786 and 7787, retroactive
to March 28, 1973, and extending to March 28, 1974. To this motion, Councilman
Thom voted "no". MOTION CARRIED.
:ITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held April 16, 1973, pertaining to the following applications were
submitted for City Council information and consideration:
VARIANCE NO. 2488 AND ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: Application
by Highland Properties, Inc., requesting the following Code waivers to construct
City Hall~ Anaheim; California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
two warehouse buildings on M-1 zoned property located on the southwest side of
Manchester Avenue, southeast of Katella Way was submitted together with appli-
cation for Exemption Declaration Status:
a. Requirement that a lot have frontage on a public street.
b. Maximum building height within 200 feet of a residential zone
boundary.
The City Planning Commission pursuant to Resolution No. PC73-77,
recommended that no environmental impact report be required and granted said
variance subject to conditions.
ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Thom,
seconded by Councilman Stephenson, it was the finding of the City Council that
the impact of said project would be trivial in nature and that no environmental
impact report or statement is required. MOTION CARRIED.
The City Council took no further action on Variance No. 2488.
CONDITIONAL USE PERMIT NO. 1370 - INTERPRETATION OF CONDITION NO. 3: Request
for clarification of Condition No. 3, Resolution No. PC73-19, was submitted by
Ray Chermak, Vice President, Sandman Motels, Inc., regarding perpetual access
easement agreement, for M-1 zoned property located on the south side of Katella
Avenue, west of State College Boulevard.
The City Planning Commission by motion, reaffirmed their action of
January 22, 1973 requiring recordation of a perpetual access easement agreement,
as a condition of approval of Conditional Use Permit No. 1370.
The City Council took no further action on the clarification of intent
of Condition No. 3, Resolution No. PC73-19.
RESOLUTION NO. PC73-80 DEERFIELD CHANNEL: City Planning Commission Resolution
No. PC73-80, finding that the proposed acquisition by the Orange County Flood
Control District of the Deerfield Channel is in conformance with the Anaheim
General Plan and would have no significant effect on the environment~ was sub-
mitted and reviewed by the City Council.
The City Council took no further action on Resolution No. PC73-80.
AWARD OF WORK ORDER NO. 2253: On motion by Councilman Stephenson, seconded by
Councilman Sneegas, award of contract - Work Order No. 2253 was deferred for
two weeks, as recommended by the City Engineer. MOTION CARRIED.
RESOLUTION NO. 73R-178 - WORK ORDER NO. 672-A: Upon receipt of certification from
the Director of Public Works, Councilman Sneegas offered Resolution No. 73R-178
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING
THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM-
PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE INSTALLATION OF TRAFFIC
SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF SOUTH STREET AND STATE
COLLEGE BLVD., IN THE CITY OF ANAHEIM, WORK ORDER NO. 672-A. (Baxter-
Griffin Company - ELECTRICAL CONTRACTORS)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-178 duly passed and adopted.
RESOLUTION NO. 73R-179 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution
No. 73R-179 for adoption.
73-368
City Hall, Anaheim~ California - COUNCIL MINUTES - May 8, 1973, 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Edward W. Bonkosky; Laurence R.
& Doris L. Henderson; Southern Pacific Transportation Company; Westfield-
Urban Company)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-179 duly passed and adopted.
SOUTHERN CALIFORNIA EDISON SETTLEMENT OF LITIGATION: Gordon Hoyt, Utilities Director,
reported that the closing meeting with Southern California Edison was held on
May 7, 1973, and that the City has received checks in the amounts of $2,108,971.74
and $26,898.70 for a total cash settlement of $2,135,870.44.
SOUTHERN CALIFORNIA EDISON COMPANY - APPLICATION FOR WHOLESALE RATE INCREASE: Mr.
Hoyt further stated that although the Southern California Edison Company advised
approximately 15 months ago that they were filing a rate increase, through liti-
gation efforts the City has been able to forestall this increase up to the present
time, at a savings of approximately $3,000,000 to the citizens of Anaheim. How-
ever, Southern California Edison has indicated that on May 8 or 9, 1973, they
intend to file a rate increase for their wholesale customers in the amount of
$16,000,000, which will represent an increase in wholesale rates to the City of
Anaheim of 50.9%. Mr. Hoyt thereupon requested Council's authorization to pro-
ceed in opposition to this rate increase.
Mr. Alan Watts, Assistant City Attorney, advised that although the de-
tails pertinent to this filing have not been made known as yet, based on the pre-
vious positions taken by the Edison Company with respect to their costs of doing
wholesale business, it is his opinion that opposition would be judicious. Mr.
Watts stated that there is some urgency to obtaining authorization from the
Council, to intercede since a great deal of activity is anticipated within the next
30 to 60 days which will necessitate prompt action by the City Attorney's Office,
with the objective of further delaying the rate increase for as long as possible.
It appears, under the Federal Power Act, the maximum period of postponement would
be to January 1, 1974.
Mr. Hoyt added that the City's monthly wholesale power bill, following
completion of Condemnation No. 8, will be over $1,000,000 and therefore a 50%
rate increase will amount to an additional $500,000 per month.
Mr. Murdoch observed that the City could not possibly absorb that dif-
ferential in the rates and asked if Mr. Hoyt was suggesting that the City should
be in the position of being able to adopt a retail rate increase as quickly as
it is needed to cover this additional cost.
Mr. Hoyt stated that since there is no information available on the new
filing, other than the overall amount of the proposed increase, he cannot react
as yet, but that once the rate blocks have been reviewed and the effects upon the
City's wholesale rates estimated, he would certainly return with a recommendation
for an appropriate retail rate increase. He noted that with the present billing
system, it will take some time to implement an increase in rates, and for this
reason it may be wise to move slightly in advance of the date of increase so as
to ensure the increased power costs are recovered.
Mr. Hoyt outlined the status of the recent increase granted to Southern
California Edison which affected their retail customers, in the amount of
$67,000,000 last year and that a $97,000,000 increase is pending in mid-July. He
noted that the litigation and related activities undertaken by the City Attorney's
Office and Utilities Department have saved a significant amount of.money not only
for the City but for its retail power consumers.
He reported that investigation into the possibilities of a coal fire
generation site in Utah appears, promising and will be pursued as a potential future
power source.
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
On motion by Councilman Dutton, seconded by. Councilman Sneegas,
the City Attorney was authorized to intercede and oppose the wholesale rate in-
crease filed by the SouthErn California Edison Company before the Federal Power
Commission. MOTION CARRIED.
PURCHASE OF EQUIPMENT - THREE 230-72 KV POWER TRANSFORMERS: The Utilities Director
reported on informal bids received for the purchase of three 230-73 kv three-
phase power transformers for the Lewis Substation as follows and indicated that
the consulting engineers, Bechtel Power Corporation reviewed all bids and has
recommended acceptance of the low bid from McGraw-Edison:
VENDOR QUOTED PRICE
Allis-Chalmers Corp. - ................. $1,591,200
General Electric Company ................ 1,627,050
McGraw-Edison ....................... 1,459,000
Westinghouse Electric Corp. - ............. 1,584,423
As the new substation is scheduled to be in operation by summer of
1974, McGraw-Edison has been requested to make delivery of two transformers
in April 1974 and one in October of 1974, therefore, payments will be made in
successive fiscal years.
On motion by Councilman Dutton, seconded by Councilman Sneegas, the
low bid of McGraw-Edison was accepted and purchase authorized in the total
amount of $1,535,273.25, which includes 5% sales tax and costs for unloading,
transportation, tests and optional equipment. MOTION CARRIED.
CLAIMS AGAINST THE CITY: The following claims were denied, as recommended by the
City Attorney, and ordered referred to the insurance carrier on motion by
Councilman Pebley, seconded by Councilman Sneegas:
a. Claim submitted by Elaine Diaz for damages to vehicle purportedly
caused by collision with City vehicle at Lincoln Avenue, west of Emily, on
or about January 11, 1973.
b. Claim submitted by Ellie Hawkins for Diane Clark for persona'l pro-
perty damages purportedly as a result of being hit by a golf ball from public
golf course, on or about March 29, 1973.
c. Claim submitted by Sandra J. Lightner, for damages to vehicle
purportedly sustained as a result of poor street maintenance, occuring on or
about April 20, 1973.
d. Claim submitted by Southern Califoria Gas Company for damage to
gas service at Lizbeth and Nordica, Lot No. 174, Tract No. 6809, purportedly
caused during cable installations by City of Anaheim, on or about April 25,
1973.
MOTION CARRIED.
RESOLUTION NO. 73R-180 - AGREEMENT - STATE OF CALIFORNIA - SIGNALIZATION: Councilman
Stephenson offered Resolution No. 73R-180 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA. (SIGNALIZATION
AT ANAHEIM BLVD.~ ROMNEYA DR.~ RIVERSIDE FREEWAY WESTBOUND RAMPS~ ORANGE-
FAIR AVE.~ AND ORANGETHORPE AVE.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
AB SENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, ThOm and Dutton
None
None
The Mayor declared Resolution No. 73R-180 duly passed and adopted.
SERVICE AND PERMIT FEES: Recommendation from the City Engineer dated April 23,
1973, increasing service and permit fees as follows was submitted
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City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
for City Council review together with discussion as to the justification for
said increases and report from R. Woll, Superintendent, Parkway Maintenance:
Service Fees:
Checking Fee $10.00 per hour
Inspection Fee $10.00 per hour
Tract Deposit
(for checking and inspection fees) $20.00 per lot
Parcel Map Deposit $40.00 per map
Special Projects Deposit
(for checking and inspection fees) $ 1.00 per front foot
Tree Fee $ .60 per front foot
Permit Fees:
Construction in the Right of Way Permit $12.00 per permit
Transportation Permits:
Single Trip $10.00 per permit
Annual $50.00 per permit
Consultant Fees: As Charged
On motion by Councilman Thom, seconded by Councilman Dutton, increased
service and permit fees were approved and adopted as recon~nended. MOTION CARRIED.
WASHINGTON REPRESENTATIVE: Assistant City Manager, Robert Davis presented the propos-
al that the City of Anaheim enter into a joint agreement with the Cities of Garden
Grove, Huntington Beach and Santa Aha to employ a representative in Washington.
The concept provides that this individual would represent the cities before Federal
agencies, Congrassional committees, etc., and act as a Wasington liaison between
these cities and the Federal Govermment, thus enabling the cities to take maximum
advantage of expanded Federally funded programs and special revenue sharing funds.
Mr. Davis noted the trend to increased city participation in Federal funds and
the shift of responsibility for preparation of socioeconomic programs to the cities.
The fact that next year the cities will act as a primary program agent for a large
portion of the Federal funds which come into the community, he felt was further
reason to encourage Washington representation.
Sumitted together with the proposal was a draft of the budget for the
proposed representative, indicating a salary of $25,000 per annum and a total
amount of $57,600 which would include office, travel and living expenses. The
proposal calls for each city to contribute $15,000 towards this budget; the City
of Anaheim to act as administrator.
Mr. Davis explained that the idea came about as a result of several dis-
cussions of mutual city problems and was then presented to the Mayors of the four
cities involved. He advised that the Cities of Huntington Beach and Santa Aha
have already approved the concept and that it will be presented to Garden Grove
at their evening meeting this date.
In answer to Councilman Pebley, Mr. Davis stated that office space and
secretarial services would be provided to the representative by the National League
of Cities (at some cost to the cities) in their building, and this is considered
an additional advantage in that it would provide an access to valuable contacts.
It is proposed that this legislative representative would send written reports to
the individual cities on a monthly basis, summarizing all activities undertaken,
and that he would report back to Orange County regularly every 30 to 60 days to
maintain contacts with the City Councils and officials.
Councilman Pebley felt that the salary amount shown in the budget would
not attract the caliber of man that a position of representation would mandate.
Councilman Thom advised that he concurred with the necessity for main-
taining liaison with the Federal Government in order to obtain the information
vital to participation in the expanded Federal program, however he noted that at
the present time Anaheim is within the districts of three United States Congress-
men and two United States Senators, all of which maintain offices and staffs in
Washington and California. He contended that if a concerted effort were made to
establish closer contact and rapport with these elected Federal representatives,
this additional proposed representative would not be necessary. He further was
of the opinion that a representative in Washington has only as much influence as
he has money to contribute to individual campaign funds, and as result this pro-
posed legislative representative, with a fixed and limited budget, could not be
an effective lobbyist. He suggested instead that if the cities were to work closer
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
with the existing elected representatives, and publicly acknowledge their assis-
tance, the same objectives could be achieved at no additional cost to the tax-
payers.
Councilman Dutton observed that the Senators and Congressmen have many
other concerns other than the specific items in which the City is interested,
and that there is a need to know in advance what legislation, and which agencies
are going to affect the City.
Mr. Davis reported that the proposed Washington representative would
spend the bulk of his time obtaining information and providing input to keep the
cities informed. He felt that the need for such representation is evidenced by
the number of cities and other large concerns who do maintain such a governmental
liaison. He referred to the "man in Washington" service which is available at
a cost of approximately $6,000 to $8,000 per year, however the drawback in this
is that cities are paired, and geographically distant cities with divergent in-
terests may share the same representative.
Councilman Stephenson felt that the present employment situation was
such that there are many capable and talented men who would be willing to accept
the position at the salary being offered in the proposed budget.
Councilman Thom was of the opinion that the City of Anaheim's problems
were not large enough to justify the expenditure of $15,000 per year for addi-
tional representation and that it was a duplication of effort.
Mr. Davis noted that much of the communication received via the elected
representatives is after-the-fact, and issued when the legislation is enacted,
whereas, so as not to forfeit potentially advantagous programs or grants, it is
necessary to monitor and remain informed as things are being developed, and this
is the area in which the proposed legislative representative would be valuable.
Councilman Thom felt that the local Congressmen should be approached
and efforts made in this direction to obtain the information and input necessary,
prior to creating this new position, especially in light of the upcoming "tight"
budget.
Councilman Sneegas observed that just one individual Federal Grant
obtained as a result of the representative's efforts could recover the $15,000
expended by the City. He stated he felt the Council did have a responsibility
to the citizens of Anaheim to obtain the Federal monies which are rightly theirs,
however he noted the dilemma of possibly creating even more demands on the
Federal Government which will perhaps ultimately cost the individual taxpayer
more money.
Councilman Dutton moved that the City enter into a joint agreement
with the Cities of Garden Grove, Huntington Beach and Santa Aha to employ a
Washington representative, at a cost not to exceed $15,000 for one year, effec-
tive July 1, 1973. Councilman Stephenson seconded the motion. On roll call,
at the request of Councilman Thom, the foregoing motion failed to carry by the
following vote:
Roll Call Vote:
AYES: COUNCILMEN: Stephenson and Dutton
NOES: COUNCILMEN: Sneegas and Thom
ABSTAINED: COUNCILMEN: Pebley
ABSENT: COUNCILMEN: None
Councilman Pebley, following roll call, asked that the record show
his vote as "no".
CORRESPONDENCE: The following correspondence was ordered received and filed on
motion by Councilman Thom, seconded by Councilman Pebley:
a. City of Huntington Beach - Resolution No. 3678 - Supporting the
University of California at Irvine School in a Medicine on-campus Teaching
Hospital.
73-372
City Hall~ Anaheim, California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
b. State of California - Department of Water Resources - Cathodic
Protection Well Standards.
c. Financial and Operating Reports for the Months of February and
March, 1973.
Water Division
Water Division
Engineering Division
(February)
(March)
(March)
MOTION CARRIED.
ORDINANCE NO. 3160: Councilman Dutton offered Ordinance No. 3160 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-11 - R-2)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3160 duly passed and adopted.
ORDINANCE NO. 3161: Councilman Sneegas offered Ordinance No. 3161 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF TBE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-41 (1) - C-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3161 duly passed and adopted.
EMPLOYMENT - MOORE & TABER - CONSULTING ENGINEERING SERVICES: The City Attorney pre-
sented letter agreements from Moore & Taber for consulting engineering and geo-
logical services to be performed in connection with the Clair and Sharp Substa-
tions, Work Order Nos. 8002 and 8004, respectively, dated May 7, 1973. Said letter
agreements set forth the terms and conditions and fee schedules, and indicate the
Sharp Substation contract should not exceed $1,200 and the Clair Substation con-
tract not to exceed $200.
At request of Council, Mr. Alan Watts outlined the inspection procedures
to be performed by this firm at the two substation sites, during the period that
grading is performed.
On motion by Councilman Sneegas, seconded by Councilman Dutton, the City
Council ratified the letter agreements with Moore & Taber for engineering and
geological services to be conducted in connection with Work Order No. 8002 and
8004, Clair and Sharp Substations; said services to be performed on a per diem
basis. MOTION CARRIED.
POLICY - WATER MAINS IN PRIVATE STREETS AND EASEMENTS: Mr. Murdoch reported on memo-
randum dated April 30, 1973 from the Utilities Director, Gordon Hoyt, regarding
Water Division's unwritten policy of not accepting dedication of a water system
in a private street or easement. This memorandum indicates that following review
of the present policy it is recommended by the Water Division that subject policy
be changed to accept dedication of water facilities within private streets and
easements when certain standards are met.
City Hall; Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
Mr. Hoyt advised that it appears that this is what most developers
wish to do and acceptance of these water systems in private streets and ease-
ments will place the control of them in the hands of the City, so that neces-
sary repairs can be made promptly, and will also permit individual metering in
planned residential developments and condominiums.
The City Council concurred with the policy, permitting acceptance by
the City of water mains in private streets and easements, when certain condi-
tions as set forth by the Utilities Department are met.
JOINT CONSTRUCTION - FIRE DEPARTMENT TRAINING FACILITY: The City Manager reported
on tentative agreement between the Cities of Anaheim, Orange and Garden Grove
to construct a drill tower and training facility which could be utilized for
in-service fire department training for all three cities. The cost of said
facility is currently estimated at $600,000 including the cost of the land.
The proposal to finance same provides that the three cities request one-half
of this expense from the next Orange County Revenue Sharing Allocation (Alloca-
tion No. 4) and he noted that the City of Orange has already submitted this re-
quest. He stated additionally that the City of Placentia may also enter into
the joint construction project if the site chosen is acceptable to them.
The locations under consideration for such facility are the City of
Anaheim property on the south side of Orangewood opposite the Stadium, and also
possibly a site, not exactly determined as yet, on the Stadium property itself.
The site south of Orangewood has been inspected by the two other cities and they
have indicated that this would be satisfactory.
Mr. Murdoch reported that the agreement is tentative and requested
Council direction relative to proceeding any further. He noted that there is
a need for such a facility and although discussion of such construction has been
included in the budget deliberations for several years, the item has never been
carried over into the final budget.
Councilman Dutton asked what the estimated hourly use per day of this
facility by the Anaheim Fire Department would be.
Captain Thomas R. Vandiver, training officer, Anaheim City Fire Depart-
ment, answered that it is projected that initially the facility would be in use
on a five-day week, eight hours per day basis to serve the three city fire de-
partments involved, with saturation in 10 to 15 years, the usage of the facility
would increase to a seven day week. He advised that these projected training
hours satisfy the recommendations made by the insurance rating bureau. Based
on current manpower and fire companies, Anaheim would use the facility 45% of
the time and the remaining 55% would be divided between Garden Grove and Orange.
In answer to Councilman Sneegas, Captain Vandiver answered that the
maintenance costs for this facility would be shared by all participating cities.
In answer to Councilman Thom, Mr. Murdoch advised that the City of
Anaheim's proportionate share will not be paid in currency, but the value of
land will be considered as payment in kind, and should the appraisal of such
land reveal its worth to be more than Anaheim's portion, then a cash remuner-
ation will be paid by the other participating cities. Further, the facility
being on Anaheim property, it would be logical to assume Anaheim would be the
Administrative Agent.
On motion by Councilman Thom, seconded by Councilman Stephenson, the
City Council concurred with the concept of joint construction with the Cities
of Orange and Garden Grove of a fire training tower and facility, and authorized
request for Orange County Revenue Sharing Funds from Allocation No. 4 for this
purpose. MOTION CARRIED.
MEMBERSHIP IN PADS: Councilman Thom submitted a letter prepared by staff and ad-
dressed to Mr. Albert Hollinden, President, Public Agencies Data Systems, con-
cerning City of Anaheim's active membership in this organization. Councilman
Thom stated it has become increasingly apparent that the cost of active member-
ship in this organization is not justified by the benefits derived and there-
fore recommended that the City continue its membership as a sustaining member
only.
73-374
.gity Hall~ Anaheim~ California - COUNCIL MINUTES ~ May 8~ 1973~ 1:30 P.M.
By general Council consent, Councilman Thom, delegate to PADS, was
authorized to forward the letter to Mr. Hollinden indicating change from active
participation to sustaining membership for the fiscal year 1973-74.
LEAGUE OF CALIFORNIA CITIES - ORANGE COUNTY DIVISION - INTER-GOVERNMENTAL TASK FORCE
RECOMMENDATIONS: Mr. Murdoch advised that the delegates will be called upon to vote
on the recommendations made by the Inter-Governmental Task Force at the Orange
County League of California Cities meeting to be held Thursday, May 17, 1973.
Mr. Murdoch briefly summarized the reports and recommendations submitted
by the Revenue and Taxation Committee, Labor Relations Committee, Social Services
Committee, and Environmental Action Plan Committee as contained in the written
reports addressed to Robert F. Finnell, President of the Orange County Division,
League of California Cities, dated April 1, 10, 19 and 12, 1973, respectively and
on file in the office of the City Clerk, City of Anaheim.
Mr. Murdoch then briefed the Council on the findings and the recommen-
dations of the Inter-Governmental Relation Task Force, of which he served as a
member,which was charged with the responsibility of analyzing the recommendations
received from the above Committees and recommending the means by which these could
be implemented. The report submitted by the Inter-Governmental Relations Task
Force to Mr. Finnell on April 30, 1973 is also on file in the office of the City
Clerk. Mr. Murdoch also advised of public hearing along these lines to be held
June 1, 1973 by the State Council on Inter-Governmental Relations in the Super-
visors' Chamber in Santa Ana.
Following summary and comments presented by Mr. Murdoch relative to each
Committee's recommendations, the Council, by general consent, indicated no ob-
jections to the Inter-Governmental Relations Task Force recommendations as pre-
sented.
CONTINUATION OF PEP PROGRAM - MAGNOLIA SCHOOL DISTRICT: The City Manager submitted a
letter dated May 2, 1973 from Spencer E. Covert, Superintendent, Magnolia School
District, requesting that following transfer of administration for subagency EEA/
PEP Program from the County of Orange to the City of Anaheim, effective May 31,
1973, that the City continue said program within the Magnolia School District as
long as Federal Funding is available. Mr. Murdoch stated that it is planned to
continue the programs as nearly as possible as they were before.
PUBLIC DANCE PERMIT: Application filed by Frances B. Gonzales, on behalf of Sociedad
Progresista Mexicana #24 for permit to conduct public dance May 13, 1973 at
Carpenters Hall, 608 West Vermont Avenue, was submitted and granted subject to
provisions of Chapter 4.16 of the Anaheim Municipal Code and that two private
security officers and one matron be hired to police the dance as recommended by
the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman
Sneegas. MOTION CARRIED.
EXPLOSIVES - HEALTH AND SAFETY CODE; SECTION 120.07: The City Clerk reported that,
in order to comply with Health and Safety Code, Section 120.07, the City Attorney's
Office has recommended that Council designate the Fire Chief as the issuing auth-
ority for explosive permits, as provided by the Health and Safety Code.
On motion by Councilman Pebley, seconded by Councilman Sneegas, the City
Council designated the Fire Chief of the City of Anaheim as the issuing authority
for explosive permits, as provided by the Health and Safety Code, Section 120.07.
MOTION CARRIED.
PARKING - ELLSWORTH AVENUE: Councilman Sneegas referred to the petition received from
residents on Ellsw0rth Avenue calling attention to the parking of City employees'
cars on local streets and inquired whether there is any way to furnish additional
parking in order to alleviate this problem.
Mr. Murdoch advised that the property once leased for parking purposed
from the railroad was no longer needed when the Electrical and Water Division
were moved to Vermont Street, and as a result the lease was terminated.
7 3.J375 :-
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
Mr. Murdoch advised the possibility of leasing some of the vacant
property in the area will be investigated and brought back for further Council
action.
HILLSIDE DRAINAGE POLICY: Councilman Thom referred to the interim "Hillside Develop-
ment Drainage Requirement" revised and adopted on May 1, 1973 and its effect
on the City's liability. He introduced a letter he had received from Mr. Barnes,
a property owner in Peralta Hills, which states that the City's liability begins
with approval of the tentative tract map, and asked the City Attorney for his
opinion on Mr. Barnes' statement.
Mr. Geisler answered that he did not feel the conclusions reached by
Mr. Barnes were valid, and noted that although Mr. Barnes may be an attorney,
he apparently has not had experience with municipal law. He advised that the
law does not impose liability on the application of regulations,and noted that
in effect the City is not legally required to regulate grading at all, so that
it would be difficult to assign any liability on the degree of stringency of
these regulations.
Councilman Thom stated that he personally knows that Mr. Barnes is
an engineer as well as an attorney and therefore his opinion is professional
and in his opinion compels some attention. He further inquired whether or not
the amendment to Condition No. 45 ("Hillside Development Drainage Requirement")
places the City in any further jeopardy as far as liability is concerned.
Mr. Geisler answered that the only way the City could insure no addi-
tional liability would be to do absolutely nothing, and that no matter what
course of action is taken, the City incurs liability, so that the City must
follow the approach of what is reasonable under the circumstances, which is
what has been done in his estimation. He noted that there is going to be a
recommended amendment to this requirement again, specifying a date of completion
prior to initiation of grading.
Councilman Thom observed the fluctuation in decision coming from the
State courts and their effect upon the cities, citing specifically the Environ-
mental Quality Act of 1970 and its sequelae. He stated that his concerns re-
garding drainage and grading in the hillside areas parallel Mr. Barnes, and
he feels that steps should be taken to discharge the City's responsibility to
the existing property owners as well as to protect the City from a liability
standpoint.
Mr. John Dawson, Assistant City Attorney, noted that in addition to
the revised "Hillside Development Drainage Requirement", as part of the interim
drainage policy, the Council adopted a revised City Clerk's tract map certifi-
cation which states that the City shall not accept the streets nor sewers, etc.,
until such time as the offsite drainage has been certified as being complete
and operable by the City Engineer. This should, in the opinion of the City
Attorney's Office, be sufficient protection.
Councilman Thom reiterated that his concern is based upon correspon-
dence received from property owners in the hill and canyon area who do not feel
that the City is taking adequate steps to protect their property.
Mr. Murdoch advised that conferences are underway between represen-
tatives of Public Works, City Attorney's Office and Engineering staffs regarding
not only the drainage requirements but also the grading ordinance and the timing
thereof. This group is attempting to put together some regulation which will
protect the City, liability wise, and the current property owners and at the same
time allow development to go forward. He noted that the current amendment was
made due to the fact that the original revised Condition No. 45 was too limiting
in that it put the responsibility for drainage construction prior to the time
that financing for the construction was available, i.e., prior to approval of
the tract map.
Mr. James Maddox, City Engineer, advised that through changes in condi-
tions of tract approval and minor changes in the grading ordinance as well as
alteration in the time schedule, it is hoped that a drainage policy will be for-
mulated which will provide mutual protection to the City and property owners
alike.
73-376
City Hall~ Anaheim~ California - COUNCIL MINUTES - May 8~ 1973~ 1:30 P.M.
Councilman Thom referred to a complaint received regarding damages to
certain property in the Peralta Hills area as a result of the recent winter storms,
to which Mr. Maddox advised that it is the opinion of the City Engineer's Office,
based on calculations made by themselves and private engineers, that the damage
referred to would probably have been greater had the grading not occurred than
under the present conditions.
Mayor Dutton suggested that further discussion of the drainage policy
be deferred until such time as the recommendations are prepared and presented by
the City Engineer.
RED CROSS(STOFFEL HOUSE) - HISTORICAL LANDMARK: It was moved by Councilman Dutton,
seconded by Councilman Sneegas, that identification of the Stoffel House, pre-
sently owned by the Anaheim Chapter of the American Red Cross, located at 418
North West Street, as a historical landmark be approved as requested by Mrs.
R. J. Anthony, Chairman of Volunteer Anaheim Service Center, on the same basis
as the Mother Colony House, on condition that the City assumes no liability nor
responsibility for maintenance or repairs. MOTION CARRIED.
SUMMARY - V AND C BLITZ: Mayor Dutton reported on the success of the recent V and C
Blitz attended by himself to the Cities of Cleveland, Detroit and St. Louis.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Pebley seconded the
motion. MOTION CARRIED.
Adjourned: 4:12 P.M.
City Clerk