Loading...
1974/04/3074-434 City _.~all. Anaheim..California - COUNCIL MINUTES - Aoril 30. ~74. 1:90 P.M. The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. COUNCIL MEMBERS: None. CITY MANAGER: Keith A. Murdoch ASSISTANT CITY ATTORNEY: William P. Hopkins CITY CT~RK: Aloha M. Fattens CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPI~r~ SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts PERSOKNE~ DIRECTOR: Garry O. Mcltae I~VOCATION: Reverend Paul Keller of the First Fresbyterian Church gave the invocation. _~~: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance. I~OCLAN~TIONS: The following Proclamations were issued by Mayor Thom and unanimously adopted by the City Council: "Better Hearing Month" - Hay, 1974. "Respect for Law Week" - Hay 1-7, 1974. "National Public Works Week" - Hay 19-25, 1974. ~l~rflol~ OF GON~RATULATI0~$: On behalf of the citizens of Anaheim, the City Council unanimously adopted a Resolution of Congratulations to the City of La Habra on the occasion of their being selected by the National Municipal League as one of the ten cities in the United States to be designated as an "All-America City" for 1974; said Resolution to be presented to the La Habra City Council Hay 7, 1974. Ftla~IITATIO~- I~SS A~IM 1974: Mrs. Fran Hauck, Pageant Chairma~ introduced Donna Lynn Adrain, Miss Anaheim 1974, personally to each Council Member and to the audience. The Mayor presented Miss Adrain ~rlth a dozen red roses and an engraved replica of Anaheim Stadium and'on behalf of the City Council, extended to her best wishes for a successful reigning year. ~CTION- YOUTH IN GOVERN~KT DAY: Ken Clements, lh~blic Information Officer, introduced students who will be participating in Youth in Covernment Day, Thursday, May 9, 1974, and Meyor Thom welcomed them to the meeting. ~': Minutes of the Anaheim City Council Regular Meetings held March 19 and .~, 19'74~ were approved on motion by Councilman Thom, seconded by Councilman ~ee~ae, To this motion, Council Members Kaywood and Seymour abstained. WAi~O~.~EADIA~- 0RDINANCE~ AND RE~OLDTI01/~: CouncilmanThem moved to waive the reading in full of all ordinances and resolutions~ and that consent to th· waiver of reading is hereby given by all Council. Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or Resolution. Councilwoman Kaywood seconded the motion. I~I01IUNANIMOUSLY CARRIED. REP~.T~ 1fINANCIAL DE,Ah'DS AC~AINST THE Crib: Demands against the City in the amount 'of $329,599.79, in accordance with the 1973-74 Budget, were approved. lrOBT-~C ~T~C._. - Va~_TANCE NO. 2580 AND ENVTR_O~MR~AL IMPA_rrE ~R_I~___T NO. 118: Applica- tion by Raymond Spehar to establish a carwash and service station on C-I(SC) zOned property located at tbs northeast corner of La Palms Avenue and Imperial Highway, with the following Code waivers, was submitted: 74-435 City Hall, Ana~e~.~, California - COUNCIL MINUTES - Avril 30. 1974..1:~0 P..M, a. Permitted signing in the SC Zone. b. Permitted uses in the C-1 Zone. c. Permitted uses in the C-1 Zone. d. Minimum structural setback adjacent to residential zone. e. Minimum landscaped setback adjacent to residential zone. f. Permitted uses in the SC Zone. g. Minimum structural setback adjacent to arterial highway. h. Minimum landscaped setback adjacent to arterial highway. i. Minimum screen landscaping adjacent to residential zone. The City Planning Commission, pursuant to Resolution No. PC74-65, reco~nded that the City Council certify to having reviewed and considered. the information contained in EoI.R. No. 118 and that the final E.I.R. has been completed in compliance with the California Environmental Quality Act and the State Guidelines; and further, denied Variance No. 2580. Appeal of the action taken by the City Planning Commission was filed by the applicant and public hearing set this date. Mr. C. J. Queyrel, representing Raymond Spehar, Applicant, requested withdrawal of the variance application and E.I.R. No. 118, advising that through redesign many of the Code waivers requested could be eliminated. On motion by Councilwoman Kaywood, seconded by Councilman Sneegas, withdrawal of Variance No. 2580 and E.I.R. No. 118 was authorized. MOTION CARRIED. PUBLIC ~.,?r~_. ~ PROPOSED ASSESSl~!~ F(l~t S_~ ~H~R0VEI~NTS COHPI~ED BY C~TY AT 1152 l~tT~~ I~JLEVARD.(A.P. NO, 7~-~0-14): Public hearing to determine the as.sess~ent to be levied against the property owned by Mr. Paul F. Schlue at 1152 North Kraemer Boulevard (A.P. No. 74-20-14) for construction of required street improvements by City was held. Submitted was a report dated April 17, 1974, by the Director of Public Works recommending that an assessment of $2,870.72 be levied against subject property. Mr. Paul F. Schlue, owner of the property located at 1152 North Kraemer Boulevard briefed the history of the situation (Council Minutes of August 14, 1973) and advised he was under the mistaken beliefthat since the City acquired the property, they were responsible for any street improvements. He stated he now knows that a property owner is responsible for any improvement along his property. Mr. Schlue referred to the report of the Public Works Director wherein it states the City could legally charge him for right of way acquisition and engineering costs which totals $2,963.56 in addition to the $2,870.72 for the construction work. He emphasized that he strongly concurs with the Public Works Director when he stated it may be considered inappropriate to pay a property owner for the necessary right ofway and then make him pay for it as a portion of the improvements. Mr. Schlue expressed the opinion he felt the engineering costs were exhorbita~t and pointed out the discrepancy relating to the driveway approach in the Director's report and the actual engineering plan. He then distributed copies of the plan to the Council. In conclusion, Mr. Schlue stated that since he was paid what he considers a nominal amount because of condennlation proceed- ings, he questions the City's right to assess him for the improvements. Councilman Pebley pointed out that he (Mr. Schlue) had the choice of dedicating the land and having the City install the improvements or being paid for the land, having the improvements installed and bearing the costs therein himself. Councilman Pebley referred to the public hearing held August 14, 1973, and stated in his opinion, the present situation Mr. Schlue now finds himself in was the unfortunate result of a poor business Judgment. Mr. Schlue agreed he felt he misjudged the situation at the time. Mayor Thom stated he felt the assessment of $2,870.72 was appropriate to levy against the property, however to levy the additional $2,963.56 for land acquisition and engineering expenses would be inappropriate, with'which the other Council members concurred. 74-436 itt ~ City Hall. Anaheim. California- COUNCIL ~_NUTES- A~ril 30. 197&. 1:30 P.M, Councilman Seymour stated that if the Council waived the proposed assessment against Hr. Schlue's property and absorbed the cost therefor, Anaheim taxpayers would, in essence, be paying for his im~rovements which would be inequitable. Hr. Schlue again referred to the square footage discrepancy on the driveway approach and City Engineer Sames Haddox explained that the plan distributed today was only a preliminary estimate plan, noting it had not been signed by the Director of Public Works. Councilman Pebley requested that the square footage actually installed be measured and Hr. Schlue be billed accordingly to which the City Engineer stated he would do. Hr. Schlue voiced the opinion he felt the price paid to him in 1971 for a portion of his property was an unfair price for commercial property. Councilman Pebley stated that Hr. Schlue must realize thatthe price paid to him by the City was not I.R.S. or State taxable; that it was tax-free income. Councilman Seymour interjected that thevalue of property is partially determined by what can be done with the property; that if a developer came in with a proposal for that property,.he would be required to make proper dedication and install full street improve~ents also. RESOII1TION NO. 74R-1~: Councilman Pebley offered Resolution No. 74R-199 for adoption, levying a maximum assessment of $2,870.72, subject to adjustment if on-site inspection by the City Engineer's Office determines that lesser square footage than that reflected in said Public Works Director's Report was installed, against property located at 1152'North Kraemer Boulevard. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT CERTAIN PROPERTY SH(KILD BE LEVIED FOR STREET IMI~OVEI~NTS AND THE~ OF THE ASSESSMENT THEREF(H. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL ~HBERS: COUNCIL I~NB~RS: COUNCIL HEHBERS: Kay.sod, S~ymour, Pebley, Sneegas and Thom. None None The Nayor declared Resolution NO. 74R-199 duly passed and adopted. AM~'SE~ DEVICES _P~__MIT~: The f~lowing applications were submitted and granted, subject to provisions of Chapters 3.24 and 4.20 of the AnaheimNunicipal Code, as recommended by the Chief of Police, on motion by Councilman Thom, seconded by Councilman Pebley: (a) Submitted by Robert Burton Lewis to allow one television ping pong game and five pinball and arcade games at Grant City, 2140 East Lincoln Avenue. (b) Submitted by Stewart Alston Hiller to allow one Juke box and two pinball machines at Pasta Time, 1710 West Lincoln Avenue. MOTION CARRIED. YELL~.~CONPANY- ADDITIONAT. P~UMITS F(~_nDITIr~i~ e~u~: Reques= of Edward A. Slagle, ~esident, Yellow Cab ~any, dated ~rch 22, 1974, ~s su~it~ed for five new pe~i~s for five additional ~icabs. On motion by Councilman Pebley, seconded by Councilman Seymour, the request was approved. NOTION CARRIED. REOUEST - A/iAHEIH.HILLS - TRACTS NOS. 8215 A_.UD 8219: Request of J. M. Sickler, President, Anaheim Hills Inc., for acceptance of landscaping (experimental planting materials) on the southerly graded slopes of Tract Nos. 8215 and 8219, (combined into one and recorded as Tract No. 8215),. adjacent to the 74-437 City Hall. Anaheim, California- COUNCIL M~qUTES- April 30, 1974, 1;30 Anaheim Hills Golf Course, was submitted together with report by the City Engineer and recommendation by the Development Services Department that the slopes nOt be accepted. Upon the advice of legal counsel, Councilman Seymour advised he would abstain from discussion and vote since he is the sales agent of record for Tracts 8215 and 8219 (Westfteld Development). Councilman Sneegas advised he too would abstain from discussion and vote because he is purchasing a home in Tract 8215. Mr. John Millick, representing Anaheim Hills, Inc., explained that he feels there has been some misunderstanding in the technical acceptance of the slopes in question. He advised it is their intent to keep in effect that portion of the bond representing the "experimental" planting which they are conducting with the Park and Recreation Department and Golf COurse Division to find a method of landscaping specific slopes adjacent to native or undis- turbed slopes whereby the man-made slopes and the native slopes would appear compatible. Mr. Millick explained the request is for acceptance of slopes for the on-site, on-tract landscaping (internal portion of tract that does not face on golf course), which meets Code requirements. He further explained the temporary irrigation system would also remain to maintain the "experimental" slopes. Zoning Supervisor Roberts explained Staff's recommendation that the landscaped slopes not be accepted and that the bond not be released at this time, noting that the slopes in question were experimental in nature and it was uncertain whether the slopes would survive with natural rainfall only. Hence, it.was also unknown whether the developer would be required to install a permanent irrigation system. He advised that if a p~rmanent system is necessary, it is unknown whether the water meters supplying the other slopes would be adequate to supply the "experimental" slopes also. Mr. Roberts stated he personally felt there would be no problem in releasing the slopes at this time provided that if a permanent irrigation system is necessary, that Anaheim Hills Stipulate to correcting the water meter sizing if necessary; however he did feel the bond in effect should be retained. In response to Mayor Thom's question, Assistant CityAttorney William Hopkins advised he concurred with Mr. Roberts. Mr. John Millick stated Anaheim Hills so stipulates. On motion by Councilwoman ~aywood, seconded by Councilman Thom, Development Services Staff was directed to issue permits on slopes within' the interior of Tract No. 8215 and release said slopes as appropriate, provided that the developer install the necessary water meter sizing and permanent irrigation system, if required, on the man-made slopes adjacent to the golf course, asstipulated to by Anaheim Hills. MOTION CARRIED. (Councilmen Sneegas and Seymour abstained.) RECLASSIFICATI~ I~0, 7)-74-22(1): Zoning Supervisor Roberts submitted a request for an amendment to Condition No. 8 of Resolution No. 73R-477, Reclassification No. 73-74-22(1), proposed R-H-22,000(SC) Zone, and distributed an area map to each Council Member. He noted that subject property constitutes 25% of the Mohler Drive Annexation No. 2 and that the owners desire to subdivide subject property by parcel map into four lots and then comply with the site development standards of the R-~-22,000 Zone. Mr. Roberts advised that the owners of subject property have indicated they are selling two of the lots and will build on the other two themselves. He pointed out that Condition No. 8 of Resolution No. 73R-477 states that prior to approval of a final tract map or in this case a parcel map, floor plans and elevations for the proposed houses shall be submitted to and approved by the City Council. In view of the fact that this parcel map involves only four lots, Staff recommends that Condition No. 8 be amended to read that floor plans and elevations for the proposed houses shall be submitted to and ap- proved by the City Council prior to issuance of a building permit. 74-438 City Hall. Anaheim. California - COUNCIL MINUTES - Avril 30. [.974, 1;30 P.M. RESOI/~IC~ NO. 74R-200: Councilman Seymour offered Resolutim~ No. 74R-200 for adoption, amending Condition No. 8 of Resolution No. 73R-477. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEINAi~ND~RESOL~ION NO. 73R-477 RELATING TO RECLASSIFICATION NO. 73- 74-22. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. COUNCIL MEMBERS: None COUNCIL MEMBERS: ..None The ~ayor declared Resolution No. 74R-200 duly pasaed and adopted. OLDL)LAiICE NO. 3291: Councilman Seymour offered Ordinance No. 3291 for first reading. RESOLU~IONNO. 74R-201 - WORK ORDERNO. 100-322-397(1973 w~xO A~&T~T COIr~___i~_): Upon receipt of certification from the Director of Public Works, Councilman Thom offered Resolution No. 74R-201 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ FINAI~Y ACCEPTING THE COMPLETION AND THE FURI~SHING OF ALL LABia, SERVICES AND EQUIPI~NT NECESSARY TO COMPLETE THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL GR PARCELS OF REAL PHOPERTY iH ANY PUBLIC STREET IN THE CITY OF AHAHEIM, ACCOUNT NO. 322-297. Roll Call Vote: A~ES: NOES: ABSENT: COUHCIL t~NBERS: C(IINCIL HEldBERS: COU-HCIL NEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. None None The Mayor declared Resolution No. 74R-201 duly passed and adopted. RESOI/~IONNO. 74R-202 - DEEDS OF EASFA~/~: Councilm~n Pebley offered Resolution No. 74R-202 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIHACCEPTINO CERTAIN DEEDS AND (HDERING THEIR RECORDATION. (Henry Fuererberg, et al; Robert H. Grant Corporation; La Cresta - Nichols Joint Venture, et al; Sherwood Village - Anaheim Homeowners Association; Whittle, Pralle and Case;. Pete Hiltscher, et al) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. COUNCIL MEMBERS:. None COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-202 duly passed and adopted. EqUeSTrIAN CENTER: City Manaser reported that Anaheim Hills, Inc., is interested in the possibility of a lease of City-owned vacant property located adjacent to the Anaheim Hills Golf Course. Said property being a portion of the potential site for the development of the third 9-hole segment for the course. The original purchase price of the land was $10,000 per acre, however, taking into consideration the fact that Anaheim Hills paid $350,000 for improvements, the per acre price comes to somewhat less. Using the $10,000 figure however, and assuming that the increased value of the property amounts to $12,000 per acre, the proposal is to lease the five acres for a five-year period for the purpose of establishing a temporary equestrian center, with payments to be 74-439 City Hall, Anaheim. California - COUNCILMINUTES - April 30. 1974. 1:30 P.M. ten percent of the present land value ($12,000 per acre). This would amount to $6,000 per year, or $30,000 for the full term of the lease. Councilman Thom inquired, since the proposed use of the property would be a commercial venture, whether a lease at ten percent of the gross receipts on the property was considered. Mr. Murdoch replied that a percentage of a gross figure is an accepted approach for this type of an agreement and added it would probably be preferable to establish a minimum figure as well. Mr. John Millick, representing Anaheim Hills, Inc., suranarized the negotiations conducted between Anaheim Hills and the City Staff in connection with the proposed lease. As a result of these negotiations, Anaheim Hills agreed to the increased value of the land at $12,000 per acre and to an in- crease in the percentage from seven to ten percent. He indicated that the proposed temporary equestrian center, because of its size and configuration and the high cost of capital improvements necessary, would not be expected to return a profit. He indicated that Anaheim Rills would prefer a straight land lease at ten percent, which he remarked is four percent more than other proper- ties leased within the City. In response to Councilwoman Kaywo0d's question regarding the ultimate disposition of the equestrian center after the first five years and a secondary five-year option, Mr. Millick assured her that Anaheim Hills does intend to continue to provide an equestrian center but at another location, in the former agricultural preserve which would be closer to the planned equestrian estates and immediately accessible to the proposed riding and hiking trail system, without having the necessity for horses to cross any roadways. He noted that no definitive.site planning for grading has been completed for the agricultural preserve and there's also a year's lead time to supply utilities to that area. It was further considered that in order to provide an immediate equestrian amenity, and in view of the fact the golf course would most likely not be expandtn~ within the next five years, the proposal would be an excellent interim use for the property, which would also bring some income to the City from land which would otherwise be sittingvacant. Councilman Seymour asked how large the ultimate equestrian facility is planned to be and whether or not the location has changed. Mr. Millick replied that they propose a 15-acre equestrian site and that the location is to be in the former agricultural preserve, and also that no chan~es are projected in the location at this time, but a relocation decision may be made on a future date when the results of the site planning and grading are known. Councilman Seymour recalled that in 1971 Anaheim Hills had planned a 15-acre equestrian center which was supposed to be under construction within nine months to a year, and now this proposal calls for a facilitywhich is one-third the original size to fulfill a temporary need for five years. He inquired as to whether there has been any change in thinking or direction on this project. Mr. Millick replied that the only drawback on construction of the permanent facility at this time is a lack of utilities to the area and referred to the necessary agreement between the Cities of Orange and Anaheim to provide a reservoir to deliver potable water into the agricultural presarve area. He noted that ~htle the property was still covered by the Agricultt~ral Preserve Agreement, there was some question as to whether or not the equestrian center would be a permitted use and lacking any firm decision on this, Anaheim Hills was reluctant to proceed with the project. Councilwoman Kaywood asked whether the City is under any contract to provide the additional 9 holes at the Anaheim Hills Golf Course. Mr. Murdoch replied that while the third 9 holes are discussed in the terms of the lease, there is no requirement that these be developed. In further answer to Council questions he advised that in addition to the five acres under discussion, the City owns approximately 30 additional acres in this immediate area. 74-440 City Ball. ~heim. California- COt~IL ~fr~E$- A~ril 30. 197~. 1:30 P.M. Councilman Seymour stated that although the proposal sounds philo- sophically reasonable and the percentage quoted of the l~nd values fair, prior to making any decision, he vould like to have a professtona~ ap~raisal as to the value of the property in question. In addition, he requested }ir. Millick to consider ~hether there is any possibility tha~in fac~the permanent eques- trian center could be located at this site under a ~round lease with the City. Nz. Hillick replied that Anaheim Hills wouldnoC object to the re- quested proposal. In regard, to locating the permanent facility on this site, he stated that they have not yet co~leted any expansion site studies as to the feasibility of this, but it is something they vouldinvestigate. In an~er to Council questions, Hr. Mardoch ~vtsed that the pro- posed third 9 holes ~ould be the shortest set of 9 holes at the Anaheim Hills Golf Course, but that the 5 acres under consideration~ould be necessary to complete this expansion. In addition, he stated that 'although the need for development of the third 9-hole ~esment of the golf course ~ould not interfere with the first 5-year term of the lease, he felt tht.s~dtttonsl se~aent may be varranted vithin the 10-year period.. He explained the logic of establishing the additional holes and that most ~olf courses experience considerably more play when they provide 27 or 36 holes vith various co~binations. Councilman Pebley remarked that if there is any possibility of estab- lishin$ any permanent equestrian facility on this site, he vould prefer to sell the property to Anaheim Hills rather than enter a lease a~reement. Further discussion ensued relative to the cost of ~he land without i~provements, during which Hr. Nillick described the status of in~provements to the area and advised that Anaheim Hills, Inc., is willing to put in the capital improvements on this property although' the recovery factor is only al~proximately 75% on same upon relocation of the center. At the conclusion of discussion, Hr. Hillick advised that it vould make good economic sense to pursue permanent establislvaent of the equestrian center on this site if the City is not interested in ex~ndtn~ the golf course a~d if the site proves feasible for this purpose, home,er he coatended that there still might be circulation reasons which ~ould make another location superior. By general Council consent, further actto~ sa l~ase of subject 5 acres adjacent to Anaheim Hills Golf Course vas withheld, pending receipt of professional appraisal of the land value. REsmr~IommNO. 7~R-203 - __~mm~q~h-r_~lt Cl~YOF ~erem_r,~O~-,:,~man~.~,~ ~JIP~NT ~lR(}&lilllom~m~g C{illfI~COtTECILOIqCR_IHT~A~.JUSTIC[ ~w: The City llsn~ger reported on the recon~ended budget adJust~nent to permit purchase of 15 portable radios (walkie-talkies) at a savings of 75% of their actual cost by entering an agree- ment with the City of Garden Grove to purchase this additional UHR co~nica- tion equipment through Orange County Council on Criminal 3ustice Grant Funds. The agreement requires a 25% matchin~ amount ($3,998.18), which sum is avail- able for transfer within the Police Department 'Budget. e~rn=~lON NO. 7~R- 203: On report and reco~nendation by the City Nanager, Councilman Thom offered Resolution No. 74R-203 for adoption. Refer to Resolution Book. A ~S{~I~ION OF THE CITY C0UI~IL Off TI~ CITY Off AI~I~IM, i~Flt(Nl]~ ~ ~ ~ TH~ CITY OF ~IN AND T~E CI~ OF ~ ~ ~ EXECI~E SAID ~~T. Roll Call Vote: AYES: COUNCIL H~NBERS: Eayvood, Seymour, Pebley, Sneegas and Thom. NOES: COqINCILNENBERS: None ABSENT: COUNCIL~ERS: None The Hayor declared Resolution No. 74R-203 duly passed and adopted. 74-441 City Hall. Anaheim. California - COUNCIL M!___NUTES - April 30. 1974. 1:30 P.M. AUTHORIZATI~- MANAG_R_MEN% SEM!_.NA!3_S F~RPOLICE DEPARTMENT PERSONNEl,: The City Manager presented request for authorization to send Supervisory Police Personnel (total number of 46 officers) to attend Management-Cost Related Seminars over a three-month Period at a total cost of $6,440. Additionally he reported that the program is fully reimbursable through P.O.S.T. (Police Officers Standards and Training). Mr. Murdoch stated he would prefer to personally review the number of personnel who are to attend, but otherwise recommended approval. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized attendance at Police Management-Cost Seminars over a three-month period for the sum of $6,440, total number of officers to attend subject to review by the City Manager. MOTION CARRIED. PURCHASE OF EOUII~NT - FOUR-DOOR SEDAN: The City Manager reported on the recommended purchase'of one additional four-door sedan for the Building Division, said pur- chase to be added to those items purchased from Santa Ana Dodge who submitted the iow bid of $3,271.73. Further, he reported that since this item was not budgeted, it will be necessary to transfer this sum from the Council Contingency Fund. In answer to Councilman Seymour, Mr. Murdoch reported that the vehicle would be used by the new Building Inspector who was.added to the Building Division'personnel in order to improve their level of service, who up to this time, has been using a'car pool vehicle. Since he uses this almost exclusively, it removes one vehicle from the car pool circulation and this has proven ineffi- cient. On motion by Councilman Pebley, seconded by Councilwoman Kaywood, the purchase of one additional four-door sedan from Santa Ana Dodge in the amount of $3,271.73, including tax, and transfer of this sum from Council Contingency Fund was authorized. MOTIONCARRIED. PURCHASE OF SUPPLIES - ENVELOPES: The City Manager reported on informal bids re- ceived for the purchase of envelopes as follOws and recommended acceptance of the iow bid: Vendor Coast Envelope Co., Los Angeles ......... F~ilwell Envelope Co., San Gabriel ....... Business Envelope Co ............... National Envelope Co ............... Federal Envelope Co ............... $7,443.22 7,466.93 no bid no bid no bid On motion by Councilman Sneegas, seconded by Councilman Pebley, the iow bid of Coast Envelope Company was accepted and purchase was authorized in the amount of $7,443.22, including tax. MOTION CARRIED. DIESEL REPO%~RING -1960 MODEL CAB F~RWARD $Rarm_&VE F_T~.F PUMP~.-R: The City Manager reported that another Seagrave Fire Pumper, Engine No. 6602, is in need of major and costly engine repair or repower, and it is again recommended by the Fire Chief, as well as the Mechanical Maintenance Superintendent, that this engine be repowered with diesel at an approximate cost of $10,000 to $12,000. In answer to Council questions, Mr. Mardoch advised that the unit on inspection was found to have severe cracking in the left cylinder assembly and past experience suggests the same would probably be true of the right side element. It is anticipated that with diesel repOvering the unit rill have ten more years of line service life. The Fire Chief also requests that funds for such repowering be transferred from Council Contingency Fund. On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, the Council authorized the repowering of the 1960 Seagrave Fire Pumper No. 6602 and the transfer of $10,000 from the Council Contingency Fund for this purpose. MOTION CARRIED. 74-442 City Hall. Anaheim, Californ£a - COUNCIL MIllES - A~ril 30. 1974. 1:30 PURC~ OF EOUIPMENT - 8 "PROXIMITOR" 104 DIGITAL SENSORS: The City 'Manager reported on the recomended purchase of eight Proximitor 104 Digital Sensors for use in the Anaheim Stadium parking lot and advised that Canoga Controls Corporation has submitted a quotation for said equipment in the amount of $4,696.65, including tax. lie thereupon recommended the purchase be authori zed. On motion by Councilman Seymour, secondedby Councilwoman Kaywood, the purchase was authorized in the amount of $4,696.65, including tax, as reco~nended by the City Manager. MOTION CARRIED. APPROVAL OF HOUSE PLANS - TR~.CT NO, 7419: Developer, American National Housing Corporation; property located on the north side of Santa Ana Canyon Road, west side of Walnut Creek Channel, containing 159 RS-5000 zoned lots. Zoning Supervisor reported that the building plans have been sub- mitted by the developer and have been checked by Staff and are identical to those approved for the tract immediately to the west of subject property which units were built by the same developer. On thisbasis, they would recommend approval of the building plans. He noted further, that there is some legal question as to whether or not the final map can be approved this date inasmuch as the E.I.R. which has been submitted (E.I.R. No. 122) has not yet been acted upon by Council, although it has been reviewed by the City Planning Co~mission and scheduled for Council'action on May 14, 1974, in order to meet the 30-day interim period requirement. Mr. Gene Kadow, representing Ameri~anNattonal Housing Corporation, 9092 Talbert, Fountain Valley, advised that the E.I.R. was submitted three weeks ago and it was anticipated by the Developer that it would be considered along with the final map. He stated that they were not aware of the State re~ulation requiring the 30-day period and notified Council he would appreciate it if there was any legal way in which these items could be considered and approved this date since the firm has monetary arrangements pending the ap- proval of the final map. Mayor Thom advised Mr.'Kadow that the Council has no choice in the matter, that if they were to approve the final map prior to considering and acting on the E.I.R., this would negate the environmental impact report process and subject the City to the risk of litigation. On motion by Councilman Pebley, seconded by Councilman Seymour, the house plans submitted for Tract No. 7419 were approved .and action on the ap- proval of the final map of Tract No. 7419 was continued to May 14, 1974, to be considered with Environmental Impact Report No. 122. MOTION CARRIED. FINAL MAP TRACTNO. 778}: Developer Wittenberg Corporation; property located on the north side of Santa Ana Canyon Road, east side of Walnut Canyon Channel, containing 57 RS-5,000 zoned lots. Zoning Supervisor Roberts reported that the developer has submitted house plans which are identical to the plans submitted for the tract immediately adjacent and approval is recommended. E.I.R. No. 77 was filed in connection with this tract and has been approved. Further, Mr. Roberts reported that a small portion of Tract No. 7785 abuts Santa Ana Canyon Road and specific wall plans have been approved by the Council for the wall on this road in the ad- jacent tract. This developer has indicated that he intends to continue with this type of wall for that portion of Tract 7785 . abutting Santa Arm Canyon Road. It is, therefore, reco,,,ended that wall plans for subject tract be approved. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council approved house and wall plans proposed for Tract No. 778~ as submitted. MOTION CARRIED. Regarding the final map, the City Engineer recommended approval and reported that said final map conforms substantially with the tentative map previously approved, that bonds have been forwarded to the City Attorney for approval and required fees paid. 74-443 City Hall. Anaheim. C~l~fornia- COUNCIL MINUTES- April 30, 1974, 1:30 On recommendation of the City Engineer, Councilman Tho~moved that Final Map of Tract No. 7785 be approved subject to approval of required bonds by the City Attorney. Councilman Seymour seconded the motion. MOTIO~ CA~RIED. CLAIM AGAINST Tt~ CITY: Claim filed by Emanuel Omc las for personal property damages sustained to his vehicle purportedly as a result of being hit by a City vehicle in a driveway at 425 East Adele Street on or about April 11, 1974, was denied as recommended by the City Attorney and ordered referred to the insurance carrier on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. COP. RESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilwoman Kaywood: a. City of Fullerton - Resolution No. 5697 - endorsing the services of the Assessment Treatment Services Center and encouraging the County of Orange to provide the necessary funding. b. Westminster Chamber of Commerce - Resolution - endorsing Propo- sition W. c. Westminster Chamber of Commerce - Resolution - urging support of Senate Bill 2961 regarding wage-price controls. d. Correspondence from John V. Lynch, RepubliCan Candidate, 70th Assembly District - regarding the proposed Chino Hills Airport Facility. e. Intergovernmental Coordinating Council of Orange County - Agenda - April 24, 1974. Intergovernmental Coordinating Council of Orange County - Minutes - March 27, 1974. Intergovernmental Coordinating Council of Orange County - Special Executive Co~ittee Meeting - March 27, 1974. f. Orange County Transit District - CorresPondence regarding the District's activities. g. Co~__!nity Redevelopment Comaission - Minutes - April 10, 1974. h, Anaheim Public Library Board - Minutes - March 18, 1974. i. Financial and Operating Reports for the Mmnth of March, 197%for the Electrical Division. ORDINANCE NO. 3288: Councilman Thom offered Ordinance No. 3288 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTE~ :1.04, SECTIONS 1.04.540 AND 1.04.550 OF THE ANAHEIM I~JNICIPAL CODE RELATIN~ TO ALLOWANCE FOR EXPENSES TO I~MBERS OF THE REDEVELOPMENT CO~fISSION AND PROVIDING FOR APPROI~IAT IONS THEREFOR. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. None. None. The Mayor declared Ordinance No. 3288 duly passed and adopted. ORDINANCE NO. 3289: Councilman Seymour offered Ordinance No. 3289 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.62, SECTIONS 18.62.030, 18.62.050, 18.62.090, 18.62.045 OF THE ANAHEIM H~NICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Raywood, Seymour, Pebley, Sneegas and Thom. None None The Mayor declared Ordinance No. 3289 duly passed and adopted. 74-444 Cttvliall, A~aheim. California- COUNCIL MINUTES- Avril 30. 1974. 1:30 P.,M OV~l~ NO. 3290; Councilman Seymour offered Ordinance No. 3290 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 1.04. 345 OF THE ANAHEIM t~NICIPAL CODE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL I~NBERS: COUNCIL NENBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. ~ne None The Mayor declared Ordinance No. 3290 passed and adopted. 0RDINANC~ NO. 3292: Councilman Thom offered Ordinance No. 3292 for first reading. AN ~DINANCE OF THE CITY OF ANAHEIMAI~NDINGTITLE i8 OF'THE AI~.HEIM I~/NICIPAL CODE RELATING TO ZONING (64-65-91 - Portion A,C-1; Portion ~R-1) 0RI)~ NO, 3293: Councilman Thom offered Ordinance No. 3293 for first reading. AN ORDINANCE OF THE CITY OF AHAHEIM .AI~IDING TITLE 18 OF THE ANA~IEIM I~INICLPAL CODE RELATING TO ZONING. (55-56-46(1) - R-3) REOUE~T FOR SOLICITATION P~E~MIT - UNIFICA_TION ~: (Continued from meeting of April 23, 1974, pending further information from the City Attorney's Office.) Assistant City Attorney William Hopkins reported that the Unification Church is a bonafide non-profit organization, registered as such with both the Internal Revenue Service and State Franchise Tax Board. He advised that they do not intend to sell anything but will give flowers when a donation is received. He added that they would not be soliciting from house to house but would restrict this activity to connnercial areas. In further answer to Council questions, ~tr. Hopkins related that the organization has a Van Nuys address and headquarters in New .York, but no local (within.lmaheim) Chapter. During brief Council discussion, Councilman Pebley indicated that he had received complaints from Anaheim Citizens regardim~ the amount of solicitationwhtch is conducted in the city and stated, that he felt any such solicitation drives should be restricted to or~ntzationa which are local and whichwould use the monies derived for the benefit of citizens in Anaheim. The Ctty Manager advised that when requests from local organiza- tions for solicitation permits are received, these are generally handled administratively; those received from groups located outside of the City are submitted for City Council consideration. On motion by Councilman Pebley, seconded by Councilman Seymour, the City Council denied the permit requested by the Unification Church, 14154 Van Owe. n, Van Nuys, Californi~ to solicit funds within the City of Anaheim from Aprtl 4 through May 31, 1974. MOTION CARRIED. OLrF~T~IRE_.- CITY OF ~A ANA_~I/: IqOPO~).._a~=~-sliNrlI. I/~_NIAOB-_~ENiTY ~r~dum from the City Attorney's Office re~rdini the corre~ence r~ ceived fr~ the Honorable Jerry ~ Patterson, ~yor of ~ta ~, was su~ ~tced for Council consideration ~oge~her with copies of the letter, que~ tio~ire and S~ta ~ Resolution No. 74-42. ~ecifically, the questionnaire seeks the Cou~il's ~ini~ regardi~ the 1. ~eCher Cities should be given local option laws consistent with the United Sta~es Supre~ Court opinion in ~he case of Miller vs California. 2. ~ether the "Co~nity Standard" should be changed from State- wide to local co--nary standards. Mr. Hopkins reported that the City Attorney's Office recommends that said questionnaire be answered as follows: 1. A~ainst Cities having local option to enact their own obscenity laws. 2. For defining "Co~nity Standard' so as to'reflect local conr munity standards in the area from which the Jury is drawn. 74-445 City Hall. Anaheim. California - COUNCIL MINUTES - April 30. 1974. 1:30 P.M. Mayor Thom interpreted the City Attorney's response (No. 2 above) as allowing "Co,m,~nity Standards" to be established by the area from which the jury is drawn, in Anaheim's instance, the North Orange County Judicial District, which Mr. Hopkins indicated was correct. Mayor Thom remarked that this conclusion and recor~endation was very logical and thereupon moved that the City Attorney's Office be directed to. respond to the questionnaire as outlined and recommended above. Councilman Seymour seconded the motion. In response to Councilman Seymour's question regardingwhere the proposed actionwould leave the City of Anaheim, Mr. Hopkins related that Santa Ann has directed this letter and questionnaire to all Orange County Cities in an attempt to solicit from them an expression of their opinions so as to forward a recommendation on the obscenity law to the State Legislature for action at that level. In addition, he pointed out that the alternative to Judicial District Standards would be something on a larger scale, such as a State-wide Standard. During brief discussion, COuncilman Pebley very strongly felt that the local Jurisdiction being the closest and most answerable to the citizenry should be able to establish obscenity standards, and once such ordinances are adopted, the courts would administer them in the same manner as parking tickets and other municipal matters are adjudicated.' Mayor Thom pointed out that the City Attorney's Office has not recom- mended this due to the fact a local standard technique would be difficult to enforce. He voiced the opinion that such laws would be more manageable if standards were set through Judicial districts. Councilman Sneegas agreed with Councilman Pebley's co~euts,, noting that the larger the area for establishment of the obscenity stamdard or criteria, the further away from the people such control will be. Councilman Thom withdrew his previous motion instructing the City Attorney's Office to reply in the manner' in which they had recomended. Councilman Seymour withdrew the second. Councilman Seymour moved that the City Attorney's Office be directed to respond to the questionnaire by notifying the City of Santa Ama that Anaheim would favor and advocate that the State Legislature pass an enabling law giving the cities local option to enact their own obscenity laws. Councilman Pebley seconded the motion. To this motion, Mayor Thom voted "no". I~)TION CARRIED. RESOLUTION NO. 74R-_2Q4- REIMBURSEMENT A~nR~.M~NT FOR COST OF ENVLn_~mm~__~T%L I_M~_ACT REPORTS IN CONNECTIONWITHANNEXATION PROC,RRnINGS: The City Manager submitted the form proposed for a reimbursement agreement'which provides a method by which the City of Anaheim would recover the cost associated with environmental impact reports which pertain to annexation proceedings before the Local Agency'Forma- tion Commission. He noted that there may be difficulty in application of this agre~ue~nt to large areas petitioning for annexation and may consider a different procedure for these, however, most annexations are single.parcels or there are only two or three owners involved and this method should be workable. In answer to Council questions, the City Manager reported that the necessity for -these E.I.R.'s in connection with an annexation was determined in a recent court case, and noted that there is no reason that the City. should absorb the costs of said environmental impact reports. Councilman Sneegas felt it would be more equitable if the proponents of environmental impact reports were required to pay a portion of their cost. RESOLUTION NO. 74R-204: Councilman Pebley offered Resolution No. 74R-204 for adoption apprOving as to form the reimbursement agreement for costs associated with environmental impact reports on annexation proceedings. Refer to Resolution Book. 74-446 City Balla. Auaheim~ California - COUNCIL MINUTES - April ~0, 197&. l: 3~ P.M. A I~1(1{ OF TH~ CITY C~IL OF TH~ CITY OF A~IM AP~~ A l~, AND FORM OF P~IMBURSEENT AGREEMENT COVEK~ ~II~H~I~T TO ~ CITY OF AN~IM FOR COSTS INCURRED IN TH~ EVALUAT[6N OF ENVIRON'. ~I[TAL II. ACT REI~TS P~LATING TO ANI~XTATION PROC~DII~ BY T~ LOCAL ACERCY FO~TION CO)~(ISSION. Roll Call Vote: AYES: NOES: ABSENT: ABSTAINED: COb~. IL I~I~L~/~ S: COUNCIL EMBERS: COUNCIL COUNCIL EMBERS: · ayvood, Seymour, Pebley and Thom.. None. None. Sneega8. The Mayor declared Resolution No. 74R-204 duly passed and adopted. RESOLtITI(~NO$.. 74R-205 AND 74R-206 - INPI~HINOF 19~4'A~.~TOT~. FAIR LAB(~ ~DS ACT: Personnel Director Garry MoRse reported on t~o actions necessary to implement the 1974 Amendments to the Fair Labor 5~andards Act as follows: 1. It is recommended that the City Council adopt a resolution to amend the existing salary Resolution No. 74R-95 for certain Job classes to adjust the pay rates upward to meet the new Federal Minimum Wage hies of $2.00, effective May 1, 1974. Mr-. MoRse explained that since ~he City orAl,helm has o~ly nov come under the law, it is not necessary to adopt the $2.0Oper hour minimum wage, $1.90 would be applicable. Hovever, sir~e the $2.00 minimum ~ill apply to employees in Federally funded programs ~hovill be vorking wi~h employees in City-financed positions, it is recommended that the City · ~opt a untform minimumwage of $2.00 per hour, effective l%~y I, 1974, 2. It is recommended that the City Council adopt a'resolution to amend Personnel Rule 6 - Premium Pay- to provide for-overtime paTm~nt ac the =ate of one and one-half times the resular hourly rate of pay when temporary, seasonal, or part-time employees perform~rk in excess of 40 hours in a work week, effective Hay 1, 1974. ~.~IiITI(~ NOS. 74R-205 AND 74R=206: Councilman Snee~as Offered Resolution Ros, 741[-205 and 74R-206 for adoption; Refer to Resolution Book. e~OLl~I(~ NO. 74R- 205: A RE~ILUTIoN OF ~ CITY COUNCIL OF THE CITY OF ANAHEIM AI~NDING RESOLUTION 74R-95 ~ND ESTABLISHING NEW RATES OF PAY FOR SEVERAL PART-TIM~ JOB CLAS$IFICAT IONS. NO. 74R- 206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIiEIM AMENDING RESOLUTION NO. 74R-53, PERSONNEL RULE 6, PREMIUM PAY, SECTION 6.0, RELATING TO EXTENDING OVERTII~ COMPENSATION PROVISIONS TO TEMPORARY, SEASONAL, AND PART-TII~ EMPLOYEES. Roll Call Vote: AYES: NOES: ABSENT: CO01CIL ~MB~RS: COUNCIL ENBRRS: COUNCIL ENBRRS: Kay~ood, Seymour, Pebley, Sneesas .and Thom. None None The Mayor declared Resolution Nos. 74R-205 and 74R-206 duly passed and adopted. Mr. ~urdoch further reported that the recently adopted legislation regarding the Fair Labor Standards Act also required certain Administrative actions, a list of which has been distributed to Council. One of si~nifi- cance, however, was that employees who work either full or part-time for the 74-447 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - April 30, 1974, 1:30 P.M. City in more than one capacity, i.e., a full-time employee who works part-time at the Stadium or Convention Center as well, because of the new provision re- garding overtime pay after 40 hours, will no longer be permitted to be employed in more than one capacity. This has been accomplished by an Administrative Regulation and will primarily affect certain employees at the COnvention Center and Stadium. REO~EST F0~ ST~TI$%ICS.- kpARTI~S VF~RSUS SING~..R-FAMILY HO~S: Councilwoman Kaywood requested that the City Staff supply her with a report on the ratio.of apart- ments to single-family homes in the Clty, both in existing and approved pro- jects; the vacancy factor in apartments; the cost of providing increased police and fire protection to apartments versus single-family dwellings. Mr. Ron Thompson, Assistant Director of Development Services, related that 7% percent of the dwelling units in the City are mobile homes; 42~ percent are apartments; and 50 percent are single-family dwellings. Me advised that these percentages do not take into consideration any approved projects, only those which are existing. In answer to Councilman Seymour, Mr. Thompson advised that the per- centages for condominiums and townhouses are included in the apartment figure. Mr. Murdoch related that it requires a rather extensive survey to obtain a specific current vacancy factor and inquired whether an approximation would be sufficient, with which Councilwoman Kaywood indicated agreement. Regarding a comparison of Police and Fire costs, it was established that this would be on a per dwelling unit basis, and Mr. Murdoch pointed out that there is a difficulty in such comparison since there is a substantial variation depending upon the occupancy and location of the multiple-family areas. However, he advised that the requested information will be compiled from existing records. STATUS OF BICYCI~ TRAIL PROGRAM: Councilman Seymour requested an update on the status of the Bicycle Trail Program planned. Mr. Murdoch reported that the plan is being pursued by the Parks and Recreation Department and that an application has been filed with SCAG for an allocation of $33,000 to produce the plan for such a bikeway system. He noted that there should be no particular difficulty in attaining this allocation, but that it has not yet been formally approved. The Study which will be conducted with these funds will be 9rtmarily directed at a bike trail system which will use power line easements, flood control properties, etc. He re- ported that technical help in the preparation of this study has been solicited on a volunteer basis without success, and it will be necessary to assign this project once the funds are available. Councilman Seymour inquired whether matching funds are also available from the County for development of bike trails, to which Mr. M~rdoch replied that monies are available on a 50-50 matching basis. However, these have not yet been requested by the City of Anaheim since the concept originally proposed by the Sub-committee of the Parks and Recreation Commission, which required re- moval of parking and use of arterial highways, was not acceptable to Council. Councilman Seymour remarked that according to the last information he has received, the best approach to take on the bicycle trails would be to use a combination of utility and flood control easements and railroad rights-o~way. He related that he is concerned as to the timeliness of the development of the City's bike system plan so as to ensure the City has the availability of funds through SCAG and the County, and if the factor which is holding up any such application is development of the plan, he would be interested in pursuing that plan as rapidly as possible. Mr. Murdoch reported that the $33,000 allocation from SCAG could reasonably be expected in one month's time. No further action was taken by the Council at this time. 74-448 City Hall. Anaheim. California- C00NCIL ~NFTES- A~ril 30. 1974. 1:30 P,M ~,~C~S~= XnCUTIVE SESSION: Councilman Sneesas moved to recess to Executive Session as requested by the Personnel Director and City M~a~er. 'Councilman Pebley seconded the motion. MOTION CAIqI~IED.(4:20 P.M.) ~: The Mayor called the meetin~ to order; all Councilmen bein$ present with the exception of Councilman Pebley. (5:29 P.M.) J~~: Councilman Thom moved to adjourn to Thursday, Nay 2, 1974, 9:30 A.M., for the purpqse of a combined City Council - Department Head Budset Study meeting. Councilwoman Kaywood seconded the motion. MOTION CARrIED. Adjourned: 5:30 P.M. City Clerk _J I I _I I I . ,II II l.lJI I