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1974/05/0774-457 City Hall, Anaheis,...Ca~ifo~nl~ - COUNCIL MINUTES - May 7~ 19~4, 1:.30 P,M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL H EMBERS: Kaywood, Seymour, Pebley, Sneegaa (arrived at 1:40 P.M.), and Thom. ABSgNT: COUNCIL MEMBERS: None PRESENT: ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Farrens CITY ENGINEER: James P. Haddox ASSISTANT DIRECTOR OF DEVELOPHENT SERVICES: Ronald Thompson ASSISTANT ZONING SUPERVISOR: Phillip Schwartze Mayor Thom called the meeeting to order. .FLAp SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. PROCLAF~TIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Anaheim Senior Citizens ~onth" -Hay, 1974. "Police Week in Anaheim" -~ay 12 - 18, 1974. "Police Officers Hemorial Day" -Hay 15, 1974. "Poppy Days" - May 17 and 18, 1974. "National Public Works Week" - May 19 through 25, 1974, accepted by Thornton Piersall, Director of Public Works. "~edical Assistants Week" - Hay 13, 1974, accepted by Yvonne Brattin, President of the Orange County Chapter, Medical Assistant's Association. INTRODUCTIO~ OF NE~ DiPLOYEES: Hr. Frank Ca~pa~noni of the Clty, P~rsonnel Department introduced 16 new e~ployees attendiq the Council ~eeting as a part of the City's orientation proira~. Mayor Thom welcomed the new employees. ~INUT~S: The Minutes of the Anaheim City Council ReguLar Neet~ he~dApril 2, were approved on,orion by Councilman Tho~, seconded by Councilman Sneegas. Councilwoman Kaywood and Councilman Selmour abstained fro~voti~ on the motion. MOTION CARRIED. WAIVe, OF READING - ORDII/A~CES ANO RESOLUTIUNS: Councilsmu Snee~as ~ to eaive the readi~ in full of all ordi~nces and re~lut~ns, and t~t ~t to the ~iver of readins is hereby Eiv~ by all Council ~bers ~less, after readi~ of the title, specific request is ~de by a C~il M~r for t~ r~dl~ of such ordinance or resolution. Councilv~n ~~ se~ the~tton. ~TION ~OUSLY REPOR T - FI~q~CIAL DEMANDS AGAINST THE CITY: Demands qaiast the City in the amount of $1,450,826.82, in accordance vith the 1973-74 Budget, were approved. PUBLIC ..B~ARING - HOUSEMOVlNG PERHIT: Application by Chet Kuebler for a special permit to move a structure from 1012% South Anaheim Boulevard, A~aheim, to 322 South Rose Street, Anaheim, was submitted to the City Council to~ether with report from Development Services Department recommendin~ said permit be granted. The Mayor asked if anyone wished to address the Council, either in favor or in opposition to said house~oving. Mrs. Martha DiPietrantonio, owner of two four-ple~uaits (317 and 321 South Rose Street), directly across the street fro~ the ~'~l~O~ relocation site, voiced objections to the moving of this structure on the basis that it is in no better condition than surrounding ho~es in that particular area and would not improve the area at all. Further she related her fears ~hat 'the house, once it is moved, would be rented to mmabers of a lower socioeconomic class, and that sore than one such family would be livi~ in the house, 74-458 City Hall~ A_n~.~heim~ California - COUNCIL MINUTES -Hay 7~ 1974.~ 1:30 P'N' continuing the'pattern which already exists in this neighborhood and which causes her rents to be low. She further indicated that her tenants dislike and oppose subject move in. Mayor Thom requested pictures of the structure proposed to be moved, which were reviewed by Council, and pointed out to Mrs. DiPietrantonio that the Council's precedent has been to permit a house which is about the same as existing dwelling units and it is not necessarily a requirement that it be in better condition so long as the style and size are in conformance with those in the area. The Mayor asked if the Applicant or his Agent was present. Mr. Chet Kuebler, 1108 East Broadway, stated that the house he is proposing to move is only 26 years old and that if the housemoving is permitted, he intends to rent this house to one large family. The Mayor asked if anyone else wished to address the Council, there being no response, declared the hearing closed. Councilman Seymour pointed out that he did not feel the citizens of Anaheim could expect the City Council to create legislation which will up-grade the income capacity Of a particular socioeconomic group living in a particular area of the City. Noting that the site for the housemoving is in the R-3 Zone which would permit the construction of apartment units, and that the one objection received is converse to objections generally raised throughout the City to construction of apartment units, Councilman Seymour moved that the Applicant be granted a permit to move a structure from 10124 South Anaheim Boulevard to 322 South Rose Street. Councilman Thom seconded the motion. MOTION CARRIED.. PUBLIC I~ARINC - ABANDONMENT NO'. 73-9A: Public hearing was held on proposed aban- donment of a portion of Cerritos Avenue, east of State College Boulevard, at Sunkist Street, pursuant to Resolution No. 74R-179, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending said abandon- ment request be approved. The Mayor asked if anyone wished to address the Council; there being no response, declared the hearing closed. RE,~OLUTION NO. 74R-207: Councilwoman Kaywood offered Resolution No. 74R-207 for adoption, approving Abandonment No. 73-9A, as recommended by the City Engineer. Refer to Resolution Book. A~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING TME VACATION AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN. (No. 73-9A) Roll Call Vote: AY/S: COUNCIL I/EHBERS: Kayvood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-207 duly passed and adopted. P~$ENTATION - PRoPOsED BRANCH LIBRARY - EUCLID SITE: Request to address the City CoUncil by the "Action Committee" of Ball Junior High School was submitted by the City Clerk. Hiss Rene Nakasone, 1672 Camrose Way, and Hiss Elizabeth Waxman, 1668 Tiara Way, the "Action Committee" for Ball Junior High School advised Council that the goal of their Committee is to arouse citizen awareness of the urgent need for construction of a branch library proposed for the site at Euclid Street and Palm Lane. 74-459 _City ~11, Aqaheim, California - COUNCIL MINUTEs - Hay 7, ,,1974~ ~1:,30 P.M. In their presentation, the "Action Committee" emphasized the following points: 1. That the selected Euclid site is an ideal one for a branch library to serve the community. 2. That this site was purchased 11 years ago and that the necessity for expansion of library services has greatly increased in this period. 3. The many methods implemented by the "Action Cmittee" to achieve a hlgher level of citizen awareness, including letter ~rgiting campaigns, posters and newpaper articles were outlined. The "Action Committee" also indicated the number of citizens which they have reached via their campaign by having all of those in attendance at the Council meeting, because of their concern for adequate library services, stand. In addition, they presented to Councii a petition purportedly containing 3,154 signatures of Anaheim citizens who would greatly appreciate construction of a branch library at the Euclid site as soon as possible. The "Action Committee" introduced the following speakers on behalf of their position: Hrs. Elizabeth $chultz, representing the Anaheim Library Board, who co~mended the students of Ball Junior High School for the civic interest ex- pressed by their initiation of this project a/mad at correcting library defi- ciencies. She urged the City Council to give serious consideration to their request. Hr. William Ehrle, Director of I.C.E.B.E.R.G., delivered a position state~ent from said Organization which stressed the necessity of adequate library services in a community such as Anaheim where a high percentage of high ~chool students go on to further their education, H~ f~the~~th~t the City had one library when the population was 14,500 and it now, approaching 190,000 population, still has one main library and one branch. R2 urged the City Council to reconsider their priorities and to build the needed branch libraries. Hrs. Joanne Stanton, member of the AnahatmLibrary Board, related that the summary of a study conducted regarding the level of branch library services by the "Action Committee" ~rlthwhom she served as advisor, indicated that the Euclid branch library is of primary importance. She stated that she supports the "Action Co~mittee" conclusions as valid and worthy of Council's interest and consideration. Hr. Jim Allee and Mrs. Diane Bleff~t~, former Loara Rich School students who also conducted a campaign while in high school for early construc- tion of a library at the Euclid site, addressed the Council indicating their continuing interest in this project. Hr. Allee stressed the ts~ortance and need for co~munity learning centers located strategically throughout the City which incorporate all of the latest technological, advances and storage and disse~ination of information. Hrs. Bleffing, as a potential future ~other and young adult, was .concerned over the crowded conditions and the distances children have to travel currently to use the library. She remarked that the City of Anaheim could assist in improving the reading levels of future ~enarations by putting forth a serious effort to build this branch library. Nayor Thom thanked all of the students for their participation in this project and for their attendance at the Council meeting. H~ advised that library services are one of the items which have high priorities with the City Council and that the Council is at the present time involved in Budget deliber- ations for the coming Fiscal Year, as well as consideratlng the priorities for capital expenditures. A/thoughHayor Thom remarked he would like to be able to assure the interested citizens that tvs branch libraries are actully in progress, he commented that the City Council must address all areas of priority as best they can. He advised that the Council is fully aware of the deficiencies in library service and is determined to take ~n a~gressive and positive approach. II T I _ l,~ll I I' I[I · I I ~1 ~4-460 ~ity g-!l.~ a_n~_heim~ California - COUNCIL MINUTES - Hay 7, 1974~ 1:30 P.M. Councilman Seymour related that he echoes these same sentiments, and that Branch Library Nos. 2 and 3 have high priority status. He indicated that he felt the failure of the recent bonds for library construction does not necessarily indicate that the citizens do not want additional library facilities, but rather that they do not want more bonds and would prefer that the libraries be built on a pay-as-you-go basis. In addition, he noted that there were eight bond issues before the voters at that time which might also have been a contributory factor in the failure of the library bond. Councilman Seymour related that during Council's budgetary sessions, the idea has been suggested that a task force of businessmen be requested to review the budget proposal to eliminate any possible inflated areas in an attempt to providefunds for Branch Library Nos. 2 and 3 and other high priority items. If this fails, he commented that he would be the first to volunteer his services in the campaign for passage of a bond issue to construct these branch libraries. Councilman Pebley expressed confidence that with the help of the group present this date, a bond issue would carry. He noted that he personally feels that a bond issue is the most equitable means of financing capital expen-ditures because it spreads the cost of the facility over the years in which it is being used and over the population base actually benefiting from it. He suggested if'a bond issue does not pass, the possibility of increasing the tax rate as a method of funding library construction. Councilman Sneegas pointed out that some progress has been made towards the completion of the branch library in the past two years, i.e., additional property has been acquired and an architect selected. In discussing financing of such projects, he reminded the Council that additional library facilities also increase the amount of money necessary each year for~naintenance. He expressed the opinion, due to the present inflationary levels, that governments should review the methods used in fulfilling their traditional responsibilities much in the manner that businesses and corporations are analyzing their costs and revising practices. In this line, he suggested that emphasis be placed on 100l utilization of existing public facilities, such as high schools. He r~narked he pledges his efforts toward the construction of the branch library if the necessary funds can be included in the proposed 1974-75 Budget. Mr. Robert Davis pointed out that it is evident that inflation is impacting all areas of the economy, including the City Budget. Certain increasing.areas in the cost of living are rising faster than the revenue structure of the City. He advised that the construction of branch libraries should be funded through a lone-range program which might include a combined park and library bond issue. Mr. Davis further advised that the Library Board had requested a Joint ~eeting with the City Council, and by general consent, the Council determined that such meeting be held Tuesday, Hay 28, 1974, 10:00 a.m. Mrs. Patricia Bailey, 2260 West Lincoln Avenue, related her experi- ences in Anaheim as a school librarian and commended the two existing City library facilities on their current level of service. .She indicated that perhaps a volunteer citizen effort towards the financing of construction might be appropriate and thereupon gave the Mayor the first dollar for a library fund. Mayor Thom accepted the dollar and thanked Hrs. Bailey. (At the close of this meeting, a total of $2.00 was turned over to the Finance Director for such a fund.) REOUES~ TO ltDD~R~SS THE,COUNCIL - DONALD ~IP~: (Continued from the meetings o2 Apr~Lt 16 and April 23, 1974.) Request of Hr. Donald L. Kirk, dated April 5, 1974, to address the City Council to present his opinions and recoms~mdations, relatiVe to various topics was sulmitted by the City Clerk. 74-461 City ~all, .Anaheflat Ca~i.for.nia - CgUNC!L MINUTES - May 7, 1974, 1:30 P.M. Mr. Kirk presented reconmendations as follows: 1. A branch library be constructed in east Anaheim and have higher priority than the Euclid branch library site. 2. Formation of a public transportation agency, together with the Anaheim Elementary and High School Districts, using available high school and elementary school busses. 3. Formation of an internal affairs agency to investigate personnel problems. 4. Establishment of a better government research agency to review governmental operations and offer recommendations for improved methods to in- crease efficiency. 5. To enter an on-call agreement between the Orange County Sheriff's Department and Anaheim Police Department so that Anaheim Police may handle emergency calls in unincorporated areas contiguous to the City. 6. Require removal of all campaign signs within 30 days from election day or these should be confiscated and the former candidate fined for the cost of such removal. 7. Revision of the Service Station Ordinance to permit sales of incidental items such as film, toys, novelties, etc. 8. .Abolishment of the $25.00 filing fee for candidates for City Council, or provide an alternate means of paying said fee. 9. Declaration of the April 9, 1974 Hunicipal Election as unconsti- tutional due to the fact that a portion of the citizens did not receive smnple ballots. 10. Elimination or cutback of Police helicopter services. 11. Upgranding of the Anaheim General Plan. 12. Sale of the Anaheim Stadium in order to provide monies for other projects such as libraries. 13. Abolishment of the "Anaheim Beach" project. 14. Strict enforcement of use of City cars for City business only. 15. The retainment of tape recordings of Council meetings for a minimum of four years. 16. To require more precise information as to reasons for abstention fro~ voting on issues by Commissioners and Council Nembers. 17. Elimination of fee for statement of qualifications in connection with candidates on Anaheim Hunicipal Elections, or provide for subsidization through advertising. 18. Change City election date to Hatch to be held in conjunction with school board and other elections in order to provide ~onetary savings. 19. Schedule all Planning Commission and Council meetings durin$ evening hours. Hayor Thom called for any comaents from the Council relative to Hr. lirk's recomaendations. Councilwo~an Kayvood advised Hr. Kirk relative to Item No. 18 above, that she already requested that the possibility of Charter revision to provide for the Nunicipal election to be held in Harch to-avoid duplication, be investi- Councflnmn Sneegas discussed Item No. 5 above, resardin$ mutual aid agreement for City of Anaheim Police and Fire services to unincorporated areas or cities within close range, advising Mr. Kirk that in his experience, in true e~ergency cases, such aid has been given. Assistant City Nanager Rovert Davis reported that there are no formal a~reements with other Jurisdictions regarding police services but that the City has entered into an agreement with iullerton and one is pending with Buena Park for first-in response of fire and rescue services on the basis of geographical areas, i.e., the fire station closest to the emersency situation will respond resardless of City boundaries. In response to Item No. 14 above, Hr. Davis advised that personnel re~dlations do stipulate that City vehicles and equipment are for use on City business only; no such equipment is authorized for private use. 74-462 City Hal.l~ Anaheim, California - COUNCIL MINUTES.- May 7~ 1974~ l:30.P...M. councilman Sneegas advised that he would consider it unfair to other retail outlets if the City were to permit gasoline stations to become involved in sales of such items as listed by Mr.' Kirk. If such is permitted, he suggested then perhaps markets and stores should be able to install gasoline pumps as well. No further discussion was held and no action taken on the above listed items. PUBLIC .~.CE,PERMITS: The following applications for permits to conduct public dances ~ere submitted and granted, subject to provisions of Chapters 3.28 and 4.16 of the Anaheim Municipal Code, as recommended by the Chief of Police, and further provided that final arrangements be made with the Police Department, on motion by Councilman Pebley, seconded by Councilman Thom: 1. Application filed by Juan A. Sanchez on behalf of Sociedad Pro- gresista Mexicans Lodge No. 14, for permit to conduct public dance at Carpenter's Hall, 608 West Vermont, May 12, 1974, from 4:00 p.m. to 8:00 p.m. 2. Application filed by Lloyd L. Lowry on behalf of the Whittier Police Officers' Association for permit to conduct public dance at the Anaheim Convention Center, 800 West Katella Avenue, May 10, 1974, from 9:30 p.m to 11: 30 p.m. 3. Application filed by Lloyd L. Lowry on behalf of the Anaheim Firemen's Association, for permit to conduct public dance at the Anaheim Convention Center, 800 West Katella Avenue, May 12, 1974, 9:30 p.m. to 11:30 p.m. MOTION CARRIED. PETITION - CR. OSSWALKAT STATE COLLEGE BOULEVARD AND BROADWAY: Petition containing 202 signatures requesting the City Council to consider the dangerous condition of the crosswalk located at State College Boulevard and Broadway was submitted, together with reports from the City Engineer and Chief of Police. Said peti- tion was initiated by Mr. David F. Ryan, 1822 East Elm Street and requests that a traffic light be installed that would permit pedestrians to cross State College Boulevard with a walk signal of the type which is activated only when a pedestrian is ready to cross, the second alternative being that the crosswalk be removed and signs posted advising pedestrians that it is unsafe to cross. The reports submitted by the City Engineer and Police Chief both recommend that the crosswalk at Broadway be removed and signs posted directing pedestrians to the adjacent crosswalk at Lincoln Avenue. The Mayor asked if Mr. Ryan were present and wished to address the Council. Mrs. Davis F. Ryan, 1822 East Elm Street, advised that although they did recommend the second alternative of removing the crosswalk entirely, the petitioners and area residents would prefer a traffic signal at this location which would permit them to have access across State College Boulevard via the crosswalk, primarily because of the many elderly peoplewho live in this neighborhood and for whom it would be difficult to walk the additional distance to Lincoln Avenue or Santa Ana Street. At the request of Mayor Thom, the City Engineer w~rized the reasons for his recommendation that the crosswalk be removed, that a traffic signal, if placed at this location, would be only 440 feet south of Lincoln Avenue and 610 feet north of the signal at Westport, and this spacing would not be con- ducive to synchronization or smooth traffic progression. In additioa, Mr. Maddox noted that the cost of a signal would be $35,000. Mr. Maddox further indicated that the distance between Lincoln Avenue and Broadway is too short to provide for the necessary left-turn pockets and also that State College Boulevard is a State highway and, therefore, any modification would be subject to approval by the State Department of Highways. An aerial photograph showing the traffic pattern in subject area was reviewed by Council. 74-463 City Hallm Anaheim~ Califqrnia - COUNCIL MINUTES -May 7, 197~.~ 1:30 P.M. Mrs. Ryan introduced other area residents, including Mr. Morrison, Mrs. Williams, Mrs. John Byfore and Mrs. Carol Tokai, and. extensive discussion was held regarding alternatives for this particular crosswalk. The primary suggestions were that a synchronized traffic light or a light with a push button activator be installed to whichHr. Paul Singer, Assistant Traffic Engineer replied that because traffic on State College Boule- vard is so heavy and because there is such a short distance between Broadway and Lincoln, there is no storage capacity for southbound traffic. This would cause severe backing up of vehicles through the Lincoln Avenue and State College intersection, especially at peak traffic hours, interferring with east and west traffic on Lincoln Avenue as well. Councilman Sneegas explained that the tragic accident which occurred recently in subject crosswalk, happened in spite of the attempt to provide a safety zone, because of human error or failure to observe the law, and that in order to correct this hazardous situation, it would be unwise to create another traffic hazard in another location, as would be the case if a traffic light were installed. He advised that the cost of such traffic light is of no con- sequence, that if it would resolve the situation, he was confident the Council would approve same. However, he voiced the opinion that the crosswalk is dangerous and should be removed immediately. Further alternatives were discussed between the area residents and Council, including closing off access to State College Boulevard from Broadway; lowering the speed limit on State College Boulevard; installing a signal synchro- nized to allow pedestrian crossing at this crosswalk only during the left-turn sequence at Lincoln Avenue and State College Boulevard intersection; review of the traffic light situation at Westport/Santa Ann Street and State College Boulevard; and providing an overhead crossing. The City Council and staff supplied various points of information and advised as to why none of these alternatives would prove practical. In particular, that deletion of the Broadway access point to State. College Boule- vard would result in approxiamtely .12,000 cars per day using a residential street such as Ash Street for access to State College Boulevard; that an over- head crossing would require additional right-of-way and probably not be fully utilized since the elderly pedestrians would find it easier to walk to Lincoln Avenue and use the signalized crosswalk; that the State Department of Highways determines the speed limits and these are based on the speed which ?0% of the automobiles travel in any speed zone. At the conclusion of discussion, Councilman Sneegas reiterated that he felt the crosswalk to be extremely hazardous and that the only feasible solution would be to remove it entirely. He thereupon moved that the Council authorize removal of the crosswalk as soon as possible. Prior to voting on the foregoing motion, further comments, were received from the public. In response to the suggestion t.hat the time sequence to allow pedestrian crossings at the off-set intersection of Westport and Santa Ann Street be increased to encourage pedestrians to use that crosswalk, Councilman Sneegas indicated agreement and advised that pedestrian crossing time sequences should be reviewed at both this off-set intersection and at Lincoln and State College Boulevard to assure that there is sufficient opportunity for pedestrian crossing, in view of the fact that the crosswalk at Broadway and State College Boulevard will most likely have to be eliminated. There being no second'to the foregoing motion, Councilman Sneeias rephrased the motion to state that the State Department of Hiihways be ately contacted for permission to remove the crosswalk at State College Boule- bard and Broadway as soon as possible, and that staff be directed to study alternative methods to provide for pedestrian safety and convenience at this location, with report to be returned in two weeks. Councilman Seymour seconded the motion. MOTION CARRIED. APPROVAL OF HOUSE PYANS _AND NOISE ATTENUATION REqUIRKMENTS .-.T.E~TATIVE TRACT NO. 8080;. APPROVAL OF FINAL HAPs. TRACT NO. 8080 (RECLASSIFICATION NO. 70-71-49): Developer, Pacesetter Homes, Inc.; tract located on the south side of the Riverside Freeway, east of Walnut Canyon Channel; containing 77 RS-5000 zoned lore. 74-464 City Ha!l~ An~.heim~ CalifOrnia - COUNCIL MINUTES - May 7~ 1974~. 1:30 ~.M. Mr. Ronald Thompson, Assistant Director of Development Services, reported that house plans have been submitted for Tentative Tract No. 8080 which are typical of houses built by this developer (Pacesetter Homes, Inc.) between Rio Vista and Sunkist Streets and in the Santa Ann Canyon area. In addition, in compliance with Condition No. 11 of TentativeMap, Tract No. 8080, the Developer has submitted a letter from Dr. John Hilliard, Ad~inistrative Director of Bio-Acoustical Engineering Corporation, advising that the latest plans for Tract No. 8080 incorporate details which will reduce exterior noise levels to a maximum of 65 dBA L/10 and interior noise levels to a maximum of 45 dBA L/10. Development Services Department therefore, recommended that the requirements contained in the plans approved by the Bio-Acoustical Engineering Corporation for Tract No. 8080 be accepted as meeting the requirements of Condition No. 11, and further that the house plans submitted for said tract be approved. The City Engineer recommended approval of the final map, Tract No. 8080, 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. Councilman Pebley moved that the City Council approve the house plans; accept the requirements contained in the plans approved by Bio-Acoustical Engineering Corporation for Tract No. 8080 as meeting the requirements of Condition No. 11; and on recommendation of the City Engineer, that Final Map, Tract No. 8080, be approved subject to approval of required bonds by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED. CITY P...I~ING CCR/HISSION ITEHS: Actions taken by the City Planning Commission at their m~eting held April 15, 1974, pertaining to the following applications were submitted for City Council information and consideration: E~IRON~IENTAL IHPACT - CATEGORICAL EXEMPTIONS: On motion by Councilman Thom, seconded by Councilman Seymour, the City Council ratified the determination of the Director of Development Services that the activities proposed in the follow- in& actions fall within the definition of Section 3.01, Class No. 1 or Class No. 3(E) of the City of Anaheim Guidelines to the requirements for an environmental impact report and are therefore categorically exempt from the requirement to file said report: Variance No. 2585 Variance No. 2588 Conditional Use Permit No. 1463 Conditional Use Permit No. 1464 Conditional Use Permit No. 1466 Conditional Use Permit No. 1467 NOTION CARRIED. EN~,!RO~AL IMPACT - NEGATIVE DECLARATIONS: As reco~ended by the City Plmnnin& Commission, on motion by Councilman Thom, seconded by Councilman Seymour, the City Council finds and determines that the projects under the following actions are exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act: Variance No. 2586 Variance No. 2587 Variance No. 2590 MOTION CARRIED. 1. REC~A~SIFICA?ION NO. 73-74-50 - WITHDRAWAL (VARIANCE NO. 2590): Submitted by Exxon Corporation for chan&e in zone from R-1 to C-1 on the southwest corner of East Street and La Palma Avenue. 74-465 City Ball~ An~heim~ California -.COUNCIL MINt~ES - ~ay 7, 1974, 1:30 P.M. The City Planning Cossnission, by motion, approved withdrawal of Reclassification No. 73-74-50 as requested by the Petitioner, on the basis that Variance No. 2590 had been approved by the Planning Commission for subject property. 2. VARIANCE NO. 2590: Submitted by Exxon Corportation to establish a retail food market on R-lzoned property, located at the southwest corner of East Street and La Palma Avenue, with Code waiver of: a. Permitted uses. The City Planning Commission, pursuant to Resolution No. PC74-73, granted said variance, subject to conditions. In answer to Councilwoman Kaywood, Mr. Ron Thompson explained that due to complaints from the residents in the area, the City Planning Commission on review of the situation, felt they could retain more control over the hours of operation and building setbacks, etc., for the proposed food market if the use were applied for under a variance, rather than changing the zone on the property. Therefore, the Applicant withdrew Reclassification No. 73-74-50 and the City Planning Commission approved the use under Variance No. 2590, which incorporates Condition No. 6 requiring that the air conditioning equipment be adequately screened and sound buffered. No further action was taken by the City Council. 3. VARIANCE NO. 2585: Submitted by Paul Katz, to construct a room addition to an existing single-family residence on RS-5000 zoned property, located on the west side of Gain Street, north of Broadway, with Code waiver of: a. Maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC74-74, granted Said variance, subject to one condition. Regarding Variance No. 2585, Councilwoman Kaywood voiced the opinion that the developers and builders of homes on 5,000 square-foot lots should be required to advise prospective buyers, prior to purchase, that they will not be able to add onto such homes since they already have the maximum lot coverage. She remarked that her concern is that these 5,000 square foot lot tracts do no% become completely filled in with concrete, and indicated that she could not vote in favor of this variance. Councilman Seymour stated that he views this type of variance differ- ently than one requested by a developer, insofar as the petitioner lives on the property and has a relationship with the neighbors. If these neighbors are not opposed and the petitioner wishes to perform this WOrk on his property, providing that said addition meets the intent of the City ordinances, Councilman Seymour remarked that he could not find any reason to deny the variance. Mayor.Thom felt that the situation which requires prudent review would be a requested waiver of maximum lot coverage submitted by the developer of a RS-5000 tract, rather than one particular home which is already in exis- tence. No further action was taken by the City Council. 4. VARIANCE NO. 2586: Submitted by Hrs. Valbour E. Rennet, to continue use of an existing free-standing sign projecting into the public right-of-way and to establish three additional free-standing signs on M-1 zoned property located on the north side of Lincoln Avenue, east of Loara Street with Code waivers of: a. Maximum number of free-standing signs. b. Minimumdistance between free-standing signs. c. Minimum height of free-standing sign. d. Location of free-standing sign. e. Location of free-standing sign. t I, II ! ~ ~ I 111 t'1 r I1~ i ill, _ I I I I I II II J . IIIIII 74-466 City Hal%, A~n~_h.eim, California - COUNCIL MINUTES - May 7, ~974, 1:30 ~P.M. The City Planning Commission, pursuant to Resolution No. PC74-82, granted said variance in part only, granting waivers "b", "d" and "e" as re- quested, waiver "a" in part only and waiver "c" for a period of ~90 days, sub- ject to conditions. 5. VAR.IANCE NO. 2587: Submitted by glton C. Snavely to establish a recrea- tion vehicle storage yard on R-A zoned property, located on the south side of Ball Road, west of Knott Street, with Code waivers of: a. Permitted uses. b. Minimum front setback. The City Planning Commission, pursuant to Resolution No. PC74-78, granted said variance for a period of two years, subject to conditions and further subject to review at the expiration of that period. 6. VAR~CE NO. 2588: Submitted by Darrell and Rose Ann Amet to construct a two-car carport on R-1 zoned property located on the south side of Glen Drive, east of Arbor Street with Code waiver of: a. Requirement that two parking spaces be provided in a garage. The City Planning Commission, pursuant to Resolution No. PC74-79, granted said variance, subject to one condition. 7. CONDITIONAL USE PERMIT NO. 1454 - TERMINATION: Submitted by Robert Dupre and J. Richard Farley to establish a quail raising facility within an enclosed building on M-1 zoned property, located on the west side of Orange- thorpe Park, north of Orangethorpe Avenue. The City Planning Commission, by motion, termi~at.ed allPrPG~ings under Conditional Use Permit No. 1454, as requested by the Petitioner. 8. CONDITIONAL USE PERMIT NO. 1463: Submitted by Wilson & Hampton Painting Contractors, to permit the continuation and expansion of an existing non- conforming contractor's storage yard on M-1 zoned property located on the south side of Mable Street, on the north side of Broadway, east of Loara Street, with Code waivers of: a. Minimum structural setback from a secondary street. b. Hinimum structural setback from a local street. c. Maximum fence height. d. Required fencing material. (withdrawn) The City Planning Commission, pursuant to Resolution No. PC74-80, granted said conditional use permit in part', the Applicant having withdrawn waiver 'd", subject to conditions. 9. CONDITIONAL USE PERMIT NO. 1464: Submitted by Rober~ M. Leaverton, to permit a non-industrial training center in an existing buildingin M-1 Zoned property located on the southwesterly side of Manchester Avenue, south of Katella Way .with Code waiver of: a. Minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC74-77, granted said conditional use permit, subject to conditions. 10. ~ITIONAL USE PERMIT NO. 1466: Submitted by William R. Whirla to permit on-sale beer and wine in a proposed restaurant on C-1 zoned property located at the northeast corner of La Palma Avenue and Acacia Street. The City Planning Commission, pursuant to Resolution No. PC74-76, denied said conditional use permit. 11. CONDITIONAL USE PERMIT NO. 1467: Submitted by gal Strazzeri to permit on-sale"beer and wine in an existing restaurant on C-1 zoned property located on the north side of Katella Avenue, east of Nutwood Street, with Code waiver of: 74-467 F City Ball, Anaheim, California - COUNCIL MINUTES -. Hay 7~ 1974~ 1:30 P.M. a. Minimum number of required parking spaces. The City Planning Commission, pursuant to Resolution No. PC74-81, granted said conditional use permit, subject to one condition. COONCILACTION: The foregoing applications (Item Nos. i through 11) were reviewed by the City Council and no further action was taken. 12. ENV~IRONMENTAL IMPACT REPORT NO. 119 (RECLASSIFICATIONNO. 70-71-25~ TENTATIVE TRACT NO. 7417}: Submitted in connection with property located between La PalmaAvenue and Esperanza Road, east of Imperial Highway, which is proposed for subdivision into 90 RS-5000 zoned lotS. The City Planning Commission and E.I.R. Review Committee recommend that the City Council certify to having reviewed and considered the information contained in E.I.R. No. 119 and that it has been completed in compliance with the California Environmental Quality Act and the State Guidelines, subject to the requirement that additional information on noise levels from the railroad be made available subsequent to the completion of the rough grading but prior to the issuance of building permits for the homes. Councilwoman Kaywood, noting that according to Finding No. 2 on the E.I.R. Review Committee report, the 90-day period specified by Council. for approval of the E.I.R. expired on February 20, 1974 and therefore, since the Applicant did not meet the proposed time requirement, in her opinion the report should not be certified. In answer to Councilman Seymour, Mr. Thompson explained that since the subject property is located adjacent to The Atchison, Topeka and Santa Fe Railroad on the north, the Planning Commission felt further information would be necessary in regard to sound attenuation measures to be used for these homes and therefore added this condition to the approval of the E.I.R. Further he reported that although there has been no recent correspondence, in the past the railroad has indicated 35 trains per day with a possible increase to 70 trains per day in the future. Councilman Thom indicated that this creates a semantic problem for him; that he will not certify any document that there is doubt about or which is incomplete. Further he stated that if the E.I.R. has been reviewed by staff and City Planning Commission, and they have doubts, rather than conditions or provisions to the certification, these doubts should be removed and the report fully complete and acceptable prior to any certification by the City Council. He remarked that certifying the E.I.R. with Provisions and exceptions subverts the whole process. City Attorney Watts pointed out that the matter on which additional information is requested by staff and Planning Commission can be described as the noise impact of the trains on the occupants of the homes. He stated he was not aware as to whether or not such impact should be necessarily included in an E.I.R. Further he stated that this noise impact is an appropriate subject for consideration in relationship to a zoning action by both the Planning Commission and .City Council. Councilwoman Kaywood brought out further points for clarification and for additional discussion, specifically the statement within said E.I.R. that development of the property would create a traffic bottleneck at Imperial High- way and La Palma Avenue, which is proposed to be relieved by constructing an overpass crossing of the railroad and that there is also consideration of a bridge to cross the Santa Aha River at Weir Canyon; that subject property is at a grade 20 feet below the train level and no information is given in the E.I.R. as to how this will affect the homes by vibration; that there is no water course crossing the property and drainage cannot be disposed of in a natural menner, but major drains will be required to the east and west. In addition, Councilwoman Kaywood took exception to the statements regarding the impacts on natural systems, particularly wildlife and birds, and to the indication-that the majority of the lots will accommodate swimming pools. In addition, she did not feel that the alternatives to the proposed II I I~1 I r IIr I I IT I ~ L_ LI I I - I I I I III II r_I I III 74-468 City Hall, ~.~aheim~ California - COUNCIL MINUTES - May 7~ 1974~. 1:30 P.M. project were adequately discussed and questioned why the property had remained unproductive, inasmuch as there are productive citrus groves to the east and west. On motion by Councilman Seymour, seconded by Councilman Thom, E.I.R. No. 119 was referred back to the City Planning Commission for inclusion of the additional necessary information regarding noise levels from the railroad. To this motion, Councilman Sneegas voted "no". MOTION CARRIED. 13. ENVIRONMENTAL IMPACT REPORT CERTIFICATION - MOHLER DRIVE AREA WATER SYSTEM: Environmental impact report pertaining to a project by the City of Anaheim Water Division to construct a water distribution system to serve an area of approxi- mately 520 acres in the Mohler Drive Annexation area, was submitted together with recommendations from the E.I.R. Review Committee and City Planning Commission. on motion by Councilman Thom, seconded by Councilman Seymour, the City Council certified to having reviewed and considered the information in the E.I.R. for the Mohler Drive Water System Improvement ProjeCt and that said draft E.I.R. has been completed, to their best belief and knowledge, in compliance with the California Environmental Quality Act and the State Guidelines. MOTION CARRIED. 14. VARIANCE NO. 2575 - TERMINATION: Submitted by E1 Dean Wilson, Oranco Industrial Properties, requesting termination of said variance which permitted the replacement and installation of vinyl tops and protective side moldings, on M-1 zoned property located on the south side of Howell Avenue, east of' State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC74-85, terminated all proceedings under Variance No. 2575. The City Council took no further action on Variance No. 2575. 15. CONDITIONAL USE PERMIT NOS. 452 AND 552 - TERHINATION: Submitted by S. E. jeppesen, Standard Oil Company of California, Western Operations, Inc., request- ing termination of said conditional use permits which were approved establish a service station on C-1 zoned property at the northeast corner of Western Avenue and Lincoln Avenue. The City Planning Commission, pursuant to Resolution Nos. PC74-83 and PC74-84, terminated all proceedings under Conditional Use Permit Nos. 452 and 552. R~SOLUT%ON NO. 74R-208 - TERMINATING CONDITIONAL USE PERMIT NOS. 452 AND 552: Councilman Thom offered Resolution No. 74R-208 for adoption. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHELMTERHINATINGALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NOS. 452 AND 552, AND DECLARING RESOLUTION NOS. 63R-716 AND 64R-324 NULL AND VOID. 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-208 duly passed and adopted. RECLAS~.IFIC~TION NO. 72-73-51 - AMENDMENT TO CONDITIONS: Mr. Phillip Schwartze, Assistant Zoning Supervisor, reported that requests have been received from property owners that ordinances be read on their particular portion of prop- erty covered by Reclassification No. 72-73-51, rezoning the property to R-H-22,000 in the Mohler Drive area. He pointed out that the original resolu- tion of intent to rezone this property (Resolution No. 73R-248) carried a condition requiring that prior to reading of the ordinance, the house plans 74-469 City ~11~ A~heim~ California - COUNCIL MINUTES -Hay 7~ ,!974,~ 1:30 P.M. be approved by City Council and City Planning Commission. Since these parcels are one-half acre estate lots, it would appear to be more appropriate to amend this resolution to provide that the house plans be approved by Development Services Department or be subject to review by the City Council and City Planning Commission in the same manner as most buildings are approved which are in the correct zone. Councilman Pebley left the Council Chambers. (.4:15 P.M.) R~SOLUTION NO. 74R-209: Councilman Seymour offered Resolution No. 74R-209 for a~option, amending Resolution No. 73R-248 to amend Condition No. 8 to read as follows: 8. Prior to issuance of a building permit, house plans are to be approved by the Development Services Department. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 73R-248 RELATING TO RECLASSIFICATION NO. 72-73-51. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL M~MBERS: TEMPORARILY ABSENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom None Pebley None The Mayor declared Resolution No. 74R-209 duly passed and adopted. ORDINANCE NO. 3294: Councilman Seymour offered Ordinance No. 3294 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51 (1) (2) (3) - R-H-22,000) Councilman Pebley returned to Council Chambers. (4:20 P.M.) ~.AI4ARB OF CONTRACT - WORK ORDER NOS. 829 AND 1007 - POLICE FACILITY ADDITION AND ~IO.D~LING~ POLICE FACILITY COMMUNICATIONS CONSOLE: The City Clerk reported that it is recommended that the contract for Work Order No. 829 - Police Facility Addition and Remodeling be awarded to Anaheim Construction, Inc., the Iow bidder at $134,973. Mr. Robert Davis pointed out that the City used an estimated figure of $90,000 which was not a true estimate but rather a figure placed in last year's Budget for this Job. This $90,000, it is now revealed from the bids received, is $45,000 short of the Iow bid amount. Mr. Davis advised that it is suggested the additional $45,000 necessary to.complete Work Order No. 829 be transferred from the Revenue Sharing Funds Account, which has an excess of $130,000 remaining from the allocation for the modification to the Douglass Street entrance to the Stadium. Councilman Pebley moved that the City Council authorize the transfer of $45,000 from the Revenue Sharing Account to Work Order No. 829. Councilman Thom seconded the motion. Prior to voting on the foregoing motion, Councilman Seymour initiated discu~ion by advising that he would have no qualms with carrying forward a budgeted item, but that he would need additional infor~ation prior to autho- riZing a transfer of $45,000 from the Revenue Sharing FUnds Account; specifi- cally he would like to familiarize himself with whatever info~nation it was the Council had to reach the decision that this is a priority item. Mr. Davis explained that Work Order No. 829 will provide for expan- sion of the property storage area and modification of the portion to be used for the radio communications center at the Police facility. 74-470 City gall~ A-~.heim~ California - COUNCIL MINUTES - May 7~ 1974, 1:30 .p.~ Councilman Thom advised Councilman Seymour that the City Council has discussed this modification and remodeling over a lengthy period of time and that he felt Council had gone forward with it to the point where they are com- mitted. He further remarked that he was, however, surprised to see the disparity between the City estimate of $90,000 and the low bid of $134,973. City Manager Keith Murdoch explained that the $90,000 figure was not an engineering estimate but based upon figures furnished by the Police personnel themselves on what might be necessary to complete the Job. At the time this $90,000 figure was reached, no engineering had been done on the buildingat all. It was r~alized that the $90,000 amount would most likely not be adequate when the architect had drawn up the plans for modification of the facility, which clearly entailed more work than was originally recognized. However it was decided not to change the allocation at that time but rather to wait until bids were received so as to have an absolutely accurate figure. Councilman Seymour was concerned as to the ramifications of this con- struction, in particular the possibility of increased personnel costs. He in- quired whether it is anticipated that additional personnel would be required to man this communications center. Mr. Murdoch briefly outlined that the proposed modification will be a complete conversion of the facility from its previous use to a communications . center, which will' be larger than the communications system currently in use, and therefore, it will require some additional personnel. However, he emphasized that the only reason this additional personnel to operate communications equip- ment is not employed at the present time is that there is not sufficient space to place them. In addition this conversion will remove the communications activities from the very busy portion of Police function under the Watch Com- mander. He described the current situation at the Police Department with existing communications and advised that when there is a peak or emergency load, whatever personnel is available is assigned to assist. He stated that it is felt this is one of the major deficiencies in Police operations in trying to keep response times to a minimum. Another factor which has accelerated the need somewhat for this conversion is the additional County-wide use of much more sophisticated UNF Communications System, of which a good portion is funded through Federal funds; that there was no way the City could accommodate this equipment at the present facility. Mr. Hurdoch further pointed out that Council did discuss alternatives: to this m°dification and removal of the emergency operation center and conversion was considered to be the best option. An additional session was held with the architect to ascertain whether any reductions of these items specified in his plans could be affected in order to bring the costs down. Councilman Seymour remarked that he could not make a decision regarding this sum ofmoney without having knowledge of the background material. Mr. Hurdoch suggested that the matter be continued to next week in order to allow time for Councilman Seymour to read the report prepared by Marion J. Varner and Associates and also to inspect the current situation at the Police Department. The foregoing motion to transfer funds from Revenue Sharing Account was withdrawn by Councilmen Pebley and Thom. On motion by Councilman Pebley, seconded by Councilman Thom, award of contracts, Work Order Nos. 829 and 1007 was continued to the meeting of Hay 14, 197&, to~ether with requests for transfer of funds from the Revenue Sharing Account. ~0TION CARRIED. ~m$OLUTION NO. 74R-210 - AWARD OF WORK ORDER NO. 1313: Councilman Pebley noted that there is a $75,000 difference between the lowest and highest bidders for this particular contract, and inquired whether sufficient bonds would be posted to insure completion of the Job if the low bid contractor should, default. On receiving assurance from the City Attorney that ample bonds would be posted to make up the $75,000 difference if that becomes necessary, in accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution No. 74R-210 for adoption. 74-471 City Ballt A-~heim~ California - COUNCIL MINUTES - May 7t 1974.~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR T~E FURNISHING OF ALL PLANT, LABOR, SERVICES, NATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL. AND WATER, AND PERFORMING ALLWORKNECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMP/~T: THE SANTA ANA C~/~YON RIVER TRUNK SEWER IMPROVEMENT PHASE III WALNUT CANYON CHANNEL TO EUCALYPTUS DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO; 1313. (Jawr, Inc. - $141,479.00) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL HEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Hayor declared Resolution No. 74R-210 duly passed and adopted. PJ!_SOLgTION NO. 74R-211 - AWARD OF WORK ORDER NO. 2067: In accordance with recom- mendations of the City Engineer, Councilman Sneegas offered Resolution No. 74R-211 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: WALNUT'CANYON CHANNEL REINFORCED CONCRETE BOX, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2067. (Rockport Construction Company - $76,335.14) Roll Call Vot&: AYES: NOES: ABSENT: COUNCIL HEMB~: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL M~MBERS: None COUNCIL MEHBERS: None The Mayor declared Resolution No. 74R-211 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilwoman Kaywood offered Resolution Nos. 74R-212 through 74R-214, both inclusive for adoption. Refer to Resolution Book. ~SOLUTION NO. 74R-212 - WORK ORDER NO. 717-B: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMFINDINGAND DETERMINING THAT PUBLIC CON- FF21IENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC INPROV~MENT, TO WIT: THE LA P~* AVBNUE STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 717-B. APPROVING THE DESIGNS, PLANS PROFILES, DRAWINGS AND SPECIFICATIONS FOR TH~ CONSTRUCTION THER~F; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FORT HE CONSTRUCTION THEREOF. (Bids robe Opened - Nay 30, 1974, 2:00 P.M.) ~ESOLUTION NO, 74R-213 - WORK ORDER NO. 812: A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE TWILA REID PARK IMPROV~I/ENT, IN THE CITY OF ANAI/~IM, WORK ORDER NO. 812. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR TH~ CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING' THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be Opened - May 30, 1974, 2:00 P.M.) 74-472 City Hall~. A~he.im~ California - COUNCIL MINUTES - May 7t. 1974,. ~:30~P.M. RESOLUTION NO. 74R-214 - WORK ORDER NO. 2273: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE MORLER DRIVE AKEAWIDE WATER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2273. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THERROF; AUTHORIZING-THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THERE- OF. (Bids to be Opened -May 30, 1974, 2:00 P.M.) Roll Call Vote: AYES' NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 74R-212 through 74R-214, both inclusive, duly'passed and adopted. ~P_ORT - COM~g~ION OF WORK ORDER NO. '824 - MODIFICATION OF DOUGLASS ~STREET ENTRANCE, ANAHEIM STAD~, The report on Work Order No. 824 - modification of DOuglass street entrance to Anaheim Stadium, prepared by the Public Works Director, said project having been contracted and carried out by City of Anaheim Department of Public Works with City labor and equipment, was received and filed, on motion by Councilman Thom, seconded by Councilman Pebley. MOTION CARRIED. RESOLUTION NO. 74R-215 - DEEDS OF EASEMENT: No. 74R-215 for adoption. Councilman Pebley offered Resolution Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Orange Unified School District of Orange Co.; Villa Frontera Townhouses; Frederick R. Sachet, et ux.; Frederick R. Sachet, et ux.; Orange Unified School District of Orange Co.; Ronald ~. Tucker, trustee, etc.; The Southland Corp.; Florence C. Boulanger) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MI~BERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom None None The Mayor declared Resolution No. 74R-215 duly passed and adopted. ~XTENSION OF PACIFIC STATES CAST IRON PIPE CONTRACT: Assistant City Manager Robert M. Davis reported that the City's contract with Pacific States Cast Iron Pipe Company has expired as of April 27, 1974. On contacting this firm, they have agreed to extend their present contract termwith a 10% increase above last year's bid price. Analysis of this offer, based on the prices currently being charged for this material, indicates that it would be to"~h~ City's advantage to continue this contract for a period of one year. It was therefore recommended by the Assistant City Manager that the Council authorize extension of said contract. In answer to Councilman Pebley, the City Attorney advised that it is certainly within the Council's legal prerogative to extend the contract without advertising for bids at this time since price quotations are solicited at the end of the year for the next fiscal year, and the Council authorizes acquisition from the iow bid company which can meet the City Water Department's specifications. On motion by Councilman Sneegas, seconded by Councilsmn PebleY, the City Council authorized extension for a period of one year of the contract with Pacific States Cast Iron Pipe' Company for purchase of pipe materials for the Water Division, at prices as quoted bY said company which reflect a 10% increase over their last bid prices. 74-&73 City .~.l.1, Anaheim,. Calif0.rnia - COUNCIL HINU~. ES - Hay, 7~.. 197&.., 1:30 P.N. PURCHASE OF NATERIAL - 26,040 P~JNDS OF 336.& ALUNINUHCONDUCTOR..~IRE: The City Manager reported on informal bids received for the purchase of 26,0&0 pounds. of 336.4 aluminum conductor wire as followa, and recommended acceptance of the low bid: VENDOR Westinshouse Electric Supply Co., Anaheim General Electric Supply Co., Anaheim GraybarElectric, Anaheim Haydwell-Hartzell, Los Angeles TOTAL AHO .UNT~ INCLUDING TAX $30,362.6& .20,389.63 21,060.37 NO qUOTE On motion by Councilman Thom, seconded by Councilmon Seymour, the low bid of General Electric Supply Company was accepted and purchase authorized in the amount of $20,389.63, including tax and 12 reel deposits. NOTION CARRIED. _TRA_NS~ - COUNCIL CONTINGENCY FUND - REPLACEHENT OF 480 VOLT DIRECT BURIAL CABLE - ANAHEIH RILLS GOLF COURSE: Hr. Robert Davis reported that due to a failure in the electrical cable system from the controllers to the pumps which irrigate a large portion of the Anaheim Hills Golf Course, it is necessary to request Council authorization to transfer $7,500 from the Council Contingency Fund for the purpose of replacing this cable in a P.V.C. conduit. He advised that this is the fourth such failure of these cables, and it is felt that it is the result of extremely acid soil conditions. Therefore these cables will no longer be direct burial, but contained within a F.V.C. conduit. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized the transfer of $7,500 from the Council Contingency Fund to the Anaheim Hills Golf Course account for the purpose of replacing the 480 volt direct burial cable encased in P.V.C. conduit. MOTION CARRIED. HODIFICATION OF CONTRACT WITH ARCHITECT - PHASE I, CIVIC CENTER PROJECT: Assistant CityManager Robert Davis rePorted that due tb '~o~cern regarding the City's ability to accom~m~date a possible expansion of Utilities Department personnel in the future Civic Center should the City become involved in the area of electrical generation, it has been requested that the architect for the project perform additional studies and computer analyses of the current Phase I, Civic Center Project to determine the feasibility, footing and'etc., for addition of an eighth floor to this structure. Since the Phase I drawings are scheduled to be in completed form by Hay 20, 1974, it is necessary that the architect have authorization to perform these modifications and additional computer analyses at this time. The cost estimated by the architect for this additional work is less then $1,000, however he does not wish to proceed without Council authorization since the agreed preliminary estimate has already been established, and this fee would be in addition to that. Councilman Seymour, noting that plans for the Electrical Utility to participate in generation have been in progress for some tt~e, and that the City Council together with the Civic Center Task Force has planned and analyzed this project very carefully and thoroughly throughout the duration of the first phase design, rem~_rked that he could not understand why discussion of the addition of a eighth floor to this structure is bein~ introduced at this point, and further why this need was not made known to the Civic Center Task Force while they were gathering data so as to project the City's needs and requirements in the proposed Civic Center. Hr. Davis replied that varying degrees of attention were paid to the plans themselves during the design stage, however it is sometimes difficult to recognize the full impact of the numbers of people who can be located in the spaces allotted until the floor plans of these spaces are available. Further he advised that there is no firm comitment to construction of the eighth floor intended. Onmotion by Councilman Pebley, seconded by Councilman Sneegas, the City Council authorized an amendment to the agreement with Rowland and Rose, Architects, Civic Center Project, to perfor~ additional studies and analyses in connection with the possibility of the addition of an eighth floor to Phase I of the Civic Center; and further authorizing a fee for said additional work up to, but not exceeding, $1,000. NOTION CARRIED. 74-474 City Hall, Ap~eim~ California - COUNCIL MINUTES - May 7~ 1974p 1:30 P.M, CLAIMS AGAINST THE CITY: The following claims were denied as recona~ended by the Cit{'~tt°rney and ordered referred to the insurance carrier, on motion by Councilman Pebley, seconded by Councilman Sneegas: a. Claim submitted by Paul Crum for personal property loss purport- edly as a result of Anaheim Police Department destroying certain records, which required replacement, between August 20, 1973 and April 24, 1974. b. Claim submitted by Robert Gerald New for injuries and damages sustained purportedly as a result of unlawful and illegal arrest, on or about January 24, 1974. c. Claim submitted by Dennis W. Redman for injuries and damages sustained purportedly as a result of unlawful and illegal arrest, on or about January 24, 1974. MOTION CARRIED. _Rg$OLUTI(~ NO,. 74R-216 , AGRF. m~ENT - AUSTIN D. PEAY~ PRODUCTION COORD!NATOR~ PARKS A~, R~C~'Ti~' '~TRE COMPANY: Councilwoman Kaywood offered ResolutiOn No. 74R-216 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZlNG THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH AUSTIN D. PEAY, AN INDIVIDUAL. (Production Coordinator for Parks and Recreation, Recreational Theatre Company) 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-216 duly passed and adopted. CORRESPOnDENCe: The following correspondence was ordered received and filed, on mot/on by Councilman Thom, seconded by Councilwoman Kaywood: a. City of San Juan Capistrano - Resolution No. 74-4-22-2 - Opposing Assembly Bill 2942, which would reduce the City .and County share of motor vehicles license fee revenue (in lieu tax) b. City of Seal Beach - Resolution No. 2307 - Supporting Assembly Bill 3611, which would appropriate from the State General Fund$2 Million for distribution to cities and counties administering and providing public beach related services, if 50% or more of the people using such a beach reside outside therespective city or county.~ c. City of Seal Beach - Resolution No. 2308 - Opposing Senate Bill 1930, which deals with reimbursement of local agencies for State mandated costs in State Legislature approved changes in the provisions of any public employees' retirement system. d. Greenbelt Commission - Greenbelt Progress.Report - February 16 - April 25, 1974. e. Airport Land Use Commission for Orange County - Agenda - May 2, 1974. Airport Land Use Commission for Orange County - Minutes - April 18, 1974. MOTION CARRIED. COR~%~P~EN~E - CITY OF SAN JUAN CAPISTRANO - RESOLUTION NO. 74-4-2~-4 CONCERNING STATI. T.A~.~EF: Councilwoman Kaywood indicated that the resolution forwarded by the City of San Juan Capistrano regarding the need for tax relief to implement comservation and open space elements of general plans accurately reflected her own feelings on this subject, and she wished to adopt a similar resolution. RESOLUTION NO. 74R-217: Councilwoman Kaywood offered Resolution No. 74R-217 for adoption. 74-475 City liall,~ Anahet~ California - COUNCIL MINUTES - Hay 7~ 1974~ ,1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE~ CONCERNING THE NEED FOR STATE TAX RELIEF TO II~L~ THE coNSERVATION AND OPEN SPACE ELEHENTS OF GgNERAL PLANS. Roll Call Vote: AYES: COUNCIL HEHBERS: Kay.sod, Seymour, Pebley, SneeEas and Thom NOES: COUNCIL HEHBERS: None ABSEI~: COUNCIL HEHBERS: None The Hayor declared Resolution No. 74R-217 duly passed and adopted. CORRESPONDENCE - "CITIZENS FOR CAL-VE~ PROPOSITION 3": Counci~mn Sneesas indicated his asreement with the resolution of endorsement promulgated by "Citizens for Cal-Vet Proposition 3" and that he wished to offer a similar resolution for adoption. RESOLUTION NO. 74R-218: Councihaan Sneesas offered Resolution No. 74R-218 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH ENDORSING PROPOSITION 3 IN THE JUNE 41"A, 1974 ELECTION CONCERNING lvAE CAL-VET Roll Call Vote: AYES: COUNCIL HEHB~S: Kay,sOd, Seymour, Pebley, Sneesas and Thom NOES: COUNCIL HEHBERS: None ABSENT: COUNCIL 'liEHBERS: None The Hayor declared Resolution No. 74R,218 duly passed and adopted. ORD .II~l/. C.E NO. 3291: Councilman Pebley offered Ordinance No. 3291 for adoption. Refer to Ordinance Book. AN ORDINANCE OF ~/E CITY OF ANAHEIH A1/EI~ING TITLE 18 OF TIIE ANAHED/ I~JNICIP~ CODE RELATING TO ZONING. (73-74-22 (1) - R-lt-22,000) Roll Call Vote: AYES: COUNCIL HEHBERS: Kay,sod, Seymour, Pebley, Sneesas and Thom NOES: COUNCIL HEHBERS: None ABSENT: COUNCIL HEHBERS: None The Mayor declared Ordinance No. 3291 duly passed and adopted. ORDINANCE. NO. 3292: Counci]~aan Sneesas offered Ordinance No. 3292 for adoption. Refer to Ordinance Book. AN ORDINANCE OF ~ CITY OF ANAHEIH AHENDII~ TITLE 18 OF TRE ANAIIEIH NITNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: COUNCIL HEHB~: NOES: COUNCIL HEHBERS: ABSENT: COUNCIL NgHBERS: (64-65-91 - R-l, C-l) l~y~ood, SeY~°ur, Pebley, Sneesas and Thom None None The Hayor declared Ordinance No. 3292 duly passed and adopted. 74-476 City Hal.l, A,n~heim, California - COUNCIL MINUTES - May 7~ 1974~ 1:30 .P.~. ORDINANCE NO. 3293: Councilman Sneegas offered Ordinance No. 3293 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (55-56-46 (1) - R-3) 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. 3293 duly passed and adopted. ORDI~NOi. 3295: Councilman Thom offered Ordinance No. 3295 for first reading. AN ORDIIIANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-48 - C-l) ORDINANCE NO. 3296: Councilman Thom offered Ordinance No. 3296 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (68) - M-l) ORDINANCE NO. 3297: Councilman Thom offered Ordinance No. 3297 for first reading~ AN ORDIIIANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUI~ICIPAL CODE RELATING TO ZONING. (73-74-42 - C-l) APPROVAL OF ~%g. TERA~ BY STATE LEGISLATURE: City Attorney Alan 'Watts reported that Assemblyman Briggs has informed' him that the Charter Amendment to provide for direct election of the Mayor of the City of Anaheimhas been approved by both State Assembly and Senate. The only procedures remaining before it becomes effective are that it be printed and signed by the Secretary of State. RESOLUT~0N N~. 74R-219 - LICENSE AGREEMENT - WIND MONITORING STATION - WALNUT CANYON RESERVOIR: The City Attorney advised that Anaheim Hills, Inc., has requested per- mission to install a wind monitoring station, the purpose of which is to take measurements of wind currents and air quality in the Anaheim Hills area, pri- marily for the purpose of preparing environmental impact reports. The request is to installthe device on City-owned property at the Lenain Filtration Plant for a temporary period. The City Attorney advised that in connection withthis request he had prepared a license agreement specifying a limited period Of time, which is submitted for Council approval. Further that this license can be cancelled by the City on five days' notice and requires that Anaheim Hills, Inc., post liability and property damage insurance bonds. In addition, he reported that the Manager's Office and Water Division have no objections to the grantin~ of said license. In answer to Council questions regarding the visual impact of this device, Mr..JohnMillick representing Anaheim Hills, Inc., advised that it is 24 inches in diameter and mounted on a tripod which is approximately 6 feet above ground so that the maximum visual impact is 8 feet. However, the area that has been requested for installation of this device is on the earth-filled dam section of the reservoir site and no structures or persons would be specifi- cally looking down at same. He noted that the location was not selected arbi- trarily, but selected specifically as the optimum location for this device because of prevailing wind currents by experts involved in these studies. He also reported that the location adjacent to the reservoir would not affect the data collected by this device. RESOLUTION NO. 74R-219: Councilman Seymour offered Resolution No. 74R-219 for adoption. Refer to Resolution Book. 7~-~77 City Hall.~ Anaheha~ California - COUNCIL MINI~ES - ~ay 7~ 19741 1:3.0 P.M. A RESOLUTION OF ~ CITY COUNCIL OF Tllg CITY OF ANABglM APPROVING A P~RMIT AGREEMENT BETWEEN ~ Cl~ OF ~~ ~ ~~ gl~S, INC., FOR T~ T~O~Y USE OF A PORTION OF ~ g~ ~Og RgS~IR ~R A WI~ C~ ~NITORING STATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL ME~E~S: COUNCIL MEMBERS: COUNCIL ~EMBERS: Kaywood, Seymour, Pebley, Snee~as and Thom None None The Hayor declared Resolution No. 74R-219duly passed and adopted. PRESERVATION OF PF~RALTAADOBE: Mr. Robert Davis advised that com~unication has been received from Supervisor Ralph Clark's office resardin~ the possibility of a Joint City/County program to acquire and preserve the Peralta Adobe as a. historical monument. Mr. Davis noted that this particular adObe is estimated to have been built in approximately 1871, and is one of the last remaining adobe structures in Orange County. Mr. Davis further reported that although there are some Federal funds available for restoration of the structure, he was not sure whether Federal funds could be obtained for acquisition of same. Currently, the arrangement under discussion would be for the City to participate in acquisition of the land and structure; the County to do the restoration; and the Bowers rMUSe~ bas expressed interest in operating the monument, once restored. Following brief discussion, it was the consensus of Council opinion tbat the possibility of acquisition and restoration of the Peralta Adobe as a historical monument should be aggressively pursued. ORANG~ COUNTY WATER DISTRZCT TOUR: Mr. Davis advised that an invitation has been received from Gus Lenain for Council to tour the Orange County Water District plant and Santa Ana River facilities, preferably the first week in June. Following brief discussion, the date of'Monday, June 3, 1974-, was. determined for said tour. RESOIA~T, ION NO. 74R-220 -AUTHORIZING GRANT ApPLICATION - GEO-~ODKD DATA BASE: Hr. Davis advised tbat a resolution of the Council would be required by the Department of Housing and Urban Development if the City wishes to participate in the $75,000 Federal Grant, in conjunction with neighborin~ Cities of Santa Ana, Garden Grove and Huntington Beach, to investigate a Geo-Coded Data Base System. 'Mr. Davis referred to the report submitted by Dr. Griffith, the City's Science and Technology Advisor, on.tb~ potential benefits of this Base System and applications thereof. The implications for the City of Anahet~ ~ould be some staff time in system development. In addition, the Department of Housing and Urban Development requests tbat there be a lead agency to act as the program director for the Grant, and it is proposed that this agency be the City of Anaheim. In answer to Councilman Se~mour,,Hr. Davis advised cbat there were two reasons Anaheim most likely has been asked to act as program director-- the City's data processing involvement bein~ one, and the back, round and technical experience of Dr. Griffith in the data processing field being the other. However, he felt even without the City's current data processin$ capac/ty, this prosram could still proceed. In addition, Mr. Davis pointed out thet the City's '~ian in Washington" vas directly responsible for informing the City of this particular Federal Grant opportunity. P.~OLUTION NO. 74R-220: Councilman Seymour offered Resolution No..7&R-220 for adoption. Refer to Resolution Book. 74-478 City .Ha.l.l., Anaheim, California' -COUNCIL MINUT~.S-. May 7, 1974, 1:30 p.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING ITS DESIRE TO DEVELOP A GEo-cODED DATA BASE IN COOPERATION WITH CERTAIN CITIES ~ TO ACQUIRE CERTAIN FEDERAL FUNDS THEREFOR. Roll Call Vote: AYES: ~OES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 74R-220 duly passed and adopted. APPOI~N.TM~NT - DEPUTY CITY CLERK: The City Clerk advised Council she had appointed Hrs. Leonora N. Sohl, Deputy City Clerk to act in the absence of herself and Deputy City Clerk Linda D. Roberts; said appointee to serve in this capacity without pay. ORAN~ C~.UNT~.., TRANSIT DISTRICT MEETING: Councilwoman Kaywood announced that since the Orange County Transit District is planning to place legislation on the November ballot, and there seems to be some confusion among the cities in Orange ~nty regarding their plans, they have decided to hold a meeting open to all elected officials, cities' staff members and chambers of commerce to discussand clarify their plans. Said meeting will be held Wednesday, May 29, 1974 at 7:00 P.M. in Santa Ann City Hall. COMPLAINTS ~ING HELICOPTER NOISE: Councilwoman Kaywood reported that she has received several complaints from citizens regarding the noise emitted when the Police helicopters are in use. She stated that she Wished to pursue whether or not a noise muffling device can be installed on these or whether there is any other way to quiet the helicopters. Hr. Davis advised that in the next year's budget, the Police Depart- ment has included a request for funding of muffler devices which will quiet the helicopters to some extent. REINSTA.~NT.' OF POSITION - COMITY P, ELATIONS SPECIALIST: Councilman Seymour advised that he would like to see the position of Community Relations Specialist reinstated for the same reasons as this position was originally approved by the CityCouncil in 1'970. According to his information, he related this posi- tion was approved at that time but has never been filled and was to have been funded under the P.E.P. Program. He advised that he wished (1.) To reinstatg andfill said position; (2.) To ascertain whether or not there would be a way to finance this position other than through the General Fund. Mr. Robert Davis replied that the P.E.P. Prosram has expired, but that considerable funds will become available for public service employment through both the P.E.P. and Comprehensive ~mployment and Training Act beginning July 1, 1974. Mr. Davis noted, however, that there are several limitations placed uPon how these funds can be used and briefly described some of these restrictions. He suggested that the classification and salary of the Community Relations Specialist position be reviewed, analyzed and.a report and recommenda- tion be presented for Council consideration. Councilman Seymour requested that the report be prepared for discussion at the May 14, 1974 Council meeting. INFOP~MEET.~NG - CITY COUNCIL, ANAHEIM HILLS~ INC.~ AND ORANGE UNIFIED SCHOOL DISTRICT: Councilman Seymour noted that at the Adjourned Regular Council meeting held April 25, 1974, at the AnaheimHills Golf Course Clubhouse, all three entities involved in the school situation in the Santa Ann Canyon area - the City Council, Anaheim Hills, Inc., and the Orange Unified School District - expressed interest in early resolution of the school problem. However, to date as far as he can ascertain, there seems to be no effort being directed toward this goal. He recognized that since litigation is underway these three parties are somewhat limited in actions which they might take. However, he voiced the opinion that some definitive action should be directed toward resolving the situation rather than waiting for the outcome of litigation. He inquired as to the status of the litigation, as well as the status of efforts to achieve a solution to the school problem. 74-479 ~.ity .Hall, m' .A~a,~e.im~ C~!ifornia - COUNCI~ MINUTES -May 7} 1974m,,1:30 P.M. Hr. Watts replied that the third Oranse Unified School District case is set for trial on approximately the 21st or '23rd of Nay, 1974. He remarked that he is surprised at the course of the litigation in light of the Superior Court decision on two different occasions. He advised that neither he nor any of his staff has been involved in any potential settlement discussion. Councilman Thom suggested that perhaps two me~bers of the City Council could offer to meet with the representatives of Anaheim Hills, Inc., and the Orange Unified School District on an informal, social basis for discussion as to what progress has been made to date and what might be done to resolve the situation. He inquired whether there would be any legal prob- lemwith this arrangement. The City Attorney replied that this would not constitute a violation of the Brown Act but suggested, that the two Council Members would most likely want some staff members to attend with them, and that he felt sure that the other two parties would also require legal counsel to be present. He further replied that up to this point, the City has recognized that the lawsuits can only be settled between the School District and Anaheim Hills, Inc., and therefore, have been waiting for one of these entities to take the leadership role. However, perhaps it is now appropriate for the City to act as mediator. Councilmen Seymour and Thom expressed interest in attending such meetings together with appropriate members of the City's staff, and it was suggested that the City Attorney contact the other parties to see if they would also be amenable. Mr. John Millick, representing Anaheim Hills, Inc., was recognized by the Mayor and advised that his firmwould be agreeable to whatever procedure the City establishes for such meetings, with the contingency that they do protect their legal position in court. Further he requested that any such ~eeting be deferred until next week (the week beginning Honday, Hay 13, 1974) due to the absence of Jack Sickler, President of Anaheim Hills, Inc., who has personally been working with Dr. Ingwerson. A mutually agreeable tentative date for said meeting was determined to be Wednesday, Hay 15, 1974. i~LlO~: Council~an Pebley moved to adjourn. Councilman Seymour seconded the motion. MOTION CARRIED. Adjourned: 5:40 P.M. City Clerk