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1973/11/1373-927 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ November 13~ 1973! 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ACTING CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox UTILITIES DIRECTOR: Gordon Hoyt WATER SUPERINTENDENT: Larry Sears ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES': Ronald Thompson ZONING SUPERVISOR: Charles Roberts Mayor Dutton called the meeting to order. INVOCATION: Lt. Neil Hogan of the Salvation Army gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF CONDOLENCE,: A Resolution of Condolence on the passing of Warren L. Ashleigh, Chairman of the Community Center Authority, was unanimously adopted by the City Council. MINUTES: Minutes of the Anaheim City Council Regular Meeting held October 16, October 23, 1973 and Adjourned Regular Meeting held October 18, 1973 were approved, on motion by Councilman Sneegas, seconded by Councilman Thom. MOTION CARRIED. WAIVER OF READING - ORDINANCEp AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all o~dinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $420,354.46, in accordance with the 1973-74 Budget, were approved. PUBLIC HEARING - ANAHEIM HILL~ ANNEXATION NO. 6: Pursuant to Resolution No. 73R-454, duly published in the Anaheim Bulletin and the Fullerton Daily News Tribune on October 10 and 17, 1973, and written notices mailed to the owners of property according to the last equalized assessment roll, public hearing was held on proposed annexation of uninhabited territory known and designated as the Anaheim Hills No. 6 Annexation. The City Clerk reported that no written protests have been filed in her office, however, she read aloud correspondence received from Howard L. Budlong, (the only property owner not originally consenting, or signing peti- tion of annexation) dated November 12, 1973 in which he advised he would not file a formal protest as the annexation will promote the orderly development of the area, and his experience has found the City fair in zoning matters. Mayor Dutton asked if anyone wished to address the City Council; there being no response, declared the hearing closed. In answer to question raised by Councilman Thom~ Mr. James Maddox advised that the proposed annexation is coterminous with the agricultural pre- serve. Councilman Stephenson questioned the letter from Mr. Budlong, stating that if, in essence, it is a request for zoning~ the writer should be advised that proper application and procedure would have to be followed. RESOLUTION NO. 73R-543: Councilman Sneegas offered Resolution No. 73R-543 for adopt.ion. 73-928 City Hall~ Anaheim, California - COUNCIL MINUTES - November 13, 1973~ 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT NO PROTESTS WERE MADE IN THE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF ANAHEIM KNOWN AS ANAHEIM HILLS NO. 6 ANNEXATION. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-543 duly passed and adopted. ORDINANCE NO. 3230: Councilman Stephenson offered Ordinance No. 3230 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS ANAHEIM HILLS NO. 6 ANNEXATION. AMUSEMENT DEVICES PERMIT: Application filed by Bob J. Portale for an amusement de- vices permit to allow three pinball machines, one air hockey game, one video ping-pong and one driving game at The Wherehouse, 931 South Brookhurst Street, was submitted and approved, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Dutton. MOTION CARRIED. REQUEST - PROPOSED ORANGE COUNTY WELL ORDINANCE: A proposed County ordinance, agree- ment and schedule of permit fees regulating construction and abandonment of wells were submitted by John R. Philip, M. D., County Health Officer, for consideration and adoption by the City Council as a measure necessary for the prevention of safety hazards and the protection of ground water quality. Gordon Hoyt, Utilities Director, reported staff has compared the County's ordinance against the present City ordinance and they recommend that the City re- vise our ordinance to closely parallel the County's, but retain administrative and permit issuing control, which is Alternate No. 3 in his report dated November 6, 1973. Mr. Hoyt advised Larry Sears, City Water Superintendent,'and Robert Stone, Orange County Environmental Health Director, were present and prepared to answer any technical questions that Council may have. Councilman Thom referred to the Utilities Director's report and ques- tioned the statement that the proposed agreement allows the County to "abate a problem" at any amount of expenditure and payment shall be made to the County upon demand. Mr. Hoyt replied the proposed County ordinance is a good one, however, if Alternate No. 2, adopt the County ordinance by reference with the County Health Department being the administrative and permit-issuing control, is approved, the City must also sign an agreement and adopt a schedule of permit fees to enable the County to recover costs of enforcing the ordinance. Contained in the agree- ment is the statement that the County may "abate a problem" at any amount of expenditure and payment shall be made to County upon demand. Mr. Hoyt explained that although it is necessary for the County to make charges, he is concerned with the fact that the City must make payment regardless of whether the cost could be recovered from the property owner or not, and this payment would have to come from an unbudgeted City source. Mr. Robert Stone, Director of Orange County Environmental Health Divi- sion, advised that the proposed ordinance was the result of an extensive review by his division and the Orange County Water Association of the problems created by improper practices utilized in construction and abandonment of wells. It is their intent to achieve uniform County-wide application by adoption of this ord- inance or a similar one. 73-929 .City Hall~ Anaheim, California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. After briefly reviewing the Utilities Director's report, Mr. Stone advised he was reasonable certain that three of the four problems mentioned could be corrected by revising the agreement; however, the requirement of collecting permit-inspection fees by the County could not be changed since it is mandatory for the County to collect fees to finance administration and en- forcement of the ordinance. Mr. Stone stated they favor a County- wide enforcement system, thereby eliminating the multiple differences in ord- inances and administrations thereof throughout the County which the well drillers must contend with today. Mr. Stone commented, regardless of the course of action taken by the Council, his Division will fully cooperate, as well as the Wells Standards Advisory Board if named in the City ordinance, in the drafting and enforcement of the City ordinance. In conclusion, Mr. Stone cautioned the Council that in drafting an ordinance, they strictly adhere to the procedural outlines contained in the State Water Code so as not to jeopardize the validity of the ordinance. He stated their preference, of course, is that the City adopt the County Uniform Ordinance and Administration System. Mayor Dutton thanked Mr. Stone for his presentation. He stated the City recognizes the need for an Uniform Ordinance, however, they prefer to retain the administration if it is economically feasible. In answer to Councilman Thom's question, Mr. Stone advised that the City Attorney and County Counsel could renegotiate the proposed agreement in the three of four areas of concern to the City, however, the requirement of collecting permit-inspection fees by the County was non-negotiable since it was mandatory for the County to make the collection to finance administration and enforcement of the ordinance. The Mayor intimated that perhaps there was a need for more discussion between City and County staff before taking action and asked how closely our present ordinance parallel that of the County. Mr. Hoyt replied that our present ordinance should be revised re- gardless of what action is taken; that both Alternate Nos. 2 and 3 are accep- table; however, he favors Alternate No. 3 thereby, retaining local control. He pointed out that in a few years the County may increase the cost of their program to make it self-supporting, noting the County's Bacteriological Testing Program of two years ago, and questioned the justifications of such an expense to the City in view of the fact that the City has the capability to administer and enforce the ordinance. In answer to Councilman Stephenson's query, Mr. Sears advised that the following County Fee Schedule is based on a flat rate and that the fee charged for well construction or abandonment is purposely iow to encourage proper destruction and abandonment of a well: 1.) New well construction, $66.2p; 2.) Well reconstruction, $39.75; 3.) Well destruction or abandonment, $15.oo. Councilman Stephenson commented the fees were reasonable and perhaps the City should pursue Alternate No. 2 as long as the County is willing to renegotiate the other three problem areas of the agreement. Mr. Sears felt'that the fee amounts were insignificant, however, he pointed out the City, as well as developers, is subjected to these fees when work is done on municipally owned wells. Councilman Sneegas expressed the concern that it appears a new pro- gram is being implemented for a decreasing activity and when the activity de- clines, the budget remains and will more than likely increase to cover inspec- tion costs and prorated salaries. 73-930 City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1973, 1:30 P.M. The Utilities Director advised that the Water Division currently employs qualified people who inspect private wells. Mr. Sears added that the City has had a drilling ordinance since 1957 and abandonment ordinance since 1960 and has successfully administered both. He stated that the ordinances require up-dating and recommended preparation of appropriate ordinance closely paralleling the County ordinance except retaining local control. ' Councilman Dutton concurred with Mr. Sears and stated he preferred to keep regulation of construction and abandonment of wells at the local level since the City has the personnel and capability to handle this program, rather than place an additional burden upon the County budget. On motion by Councilman Sneegas, seconded by Councilman Dutton, the City Attorney and Utilities Director were instructed to prepare an ordinance regulating the construction and abandonment of wells to closely parallel the County ordinance, except retaining local control in accordance with recommended Alternate No. 3. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1202 AND TE.NTATIVE TRACT NO. 8404 - OPEN SPACE CONCEPT: A verbal progress report on proposed "nature walk" which is to fulfill the Open Space Provision required under Conditional Use Permit No. 1202 and Tentative Tract No. 8404 was given by Mr. Bernardo Yorba. Mr. Yorba advised the developers have been working closely with person- nel from California State University and Nat Lamb, Orange County Science Coor- dinator, to formulate concise plans for the proposed "nature walk" in the canyon area. He pointed out that in addition to these people, involvement on the part of the City, schools and the community is necessary. Of major concern at this time, Mr. Yorba advised, is the fact that storm drain facilities terminate at the southerly edge of their property and then runs in its natural water course across a portion of the property where intend to develop, and their consultants have advised that this area would be damaged every rainfall. Mr. Yorba stated it was his understanding that it is City policy to have storm drain water carried from the hill area to its ultimate point of disposal and subsequently requested that City staff give some attention to the situation. In conclusion, Mr. Yorba stated preliminary layout plans have been prepared, however, he will present them when he submits the comprehensive, report on the proposed nature study center. BUSINESS LICENSE - PEPPERTREE FAIRE: Request of David S. Collins that PepperTree Faire be licensed as a single business, rather than each booth in operation being charged individually, was submitted, together with report prepared by the City Attorney's Office, indicating there does not appear to be an adequate basis for licensing of PepperTree Faire as a single business. David S. Collins, 1077 West Ball Road, advised that at the time he opened the PepperTree Faire, he had been advised that all booth exhibitors could operate under the PepperTree Faire business license and at the end of the year, he could pay one/tenth of one percent of the gross receipts. Recently he had been notified by the License Collector that each exhibitor would be required to pay a ~25.00 business license fee. Mr. Collins explained that during the past year, approximately 80 dif- ferent craftsmen have operated at' PepperTree Faire and if each had been charged a $25.00 license fee, a $2,000 license fee would have been collected by the City which reflects $2,000,000 in gross receipts. Based on one/tenth of one percent of the gross receipts, Mr. Collins advised his license fee for this year would be approximately $100. He voiced the opinion it was inequitable to charge a $2,000 license fee to a business not grossing $2,000,000. Because the business is more transient than originally expected, Mr. Collins suggested charging $5.00 per booth per month and then if the exhibitor sees that his operation will continue longer than four or five months, he could choose to convert his license to gross receipts basis, with a maximum license fee of $25.00 per year. 73-931 City Hall, Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. Mr. Collins advised it is his desire to operate the PepperTree Faire as a single business and at the conclusion of the year pay the City one/tenth of one percent of the gross receipts. In conclusion, Mr. Collins stated it would be relatively easy to make payments to the City in this manner since he collects rent from booth operators on the basis of gross receipts. Councilman Stephenson asked Mr. Collins to explain the transient fac- tor involved in this type of operation and noted the $25.00 license fee was not exorbitant and may serve to discourage undesirable transients. Mr. Collins answered exhibitors are in operation anywhere from two days to two to three months, noting however, four or five presently operating have been with him almost one year. He explained the nature of the operation at this time does not include long-term permanent tenants and essentially is one which provides an interim place for craftsmen to display their works. Mayor Dutton pointed out that all ordinances must apply equal- ly to everyone, however, perhaps there are some areas in the nature of the PepperTree Faire operation which may require an addition or amendment to our present ordinance. Councilman Sneegas noted that this type of operation must be weighed in relationship to swap meets, which are similar in nature and which to date have not existed in the City largely due to licensing requirements. Acting City Attorney Watts referred to Chapters 3.08 and 3.40.070 of the Municipal Code and indicated these do not explicitly address themselves to .the PepperTree Faire operation. He advised there are some businessess in the City which are individually leased operations located under one roof who pay license fees separate from other departments within the same building, noting as an example, the White Front store. He pointed out, however, there is no relationship between one of these departments and one of the booths in PepperTree Faire due to the difference in physical size and volume of business. Mr. Watts stated he is not adverse to investigation of the situation to perhaps amend the Code, however, he felt the efforts of the License Collector should also be solicited. Councilman Pebley suggested a $5.00 per booth per month license fee, with a maximum of $25.00 per booth per year for the PepperTree Faire operation. By general Council consent, the City Attorney and the Licenae Col- lector were instructed to explore the possibilities of a more favorable solu- tion to the licensing of small individual operations under one roof, such as those existing at PepperTree Faire. REPORT - OPENING THROUGH DIVIDER STRIP BETWEEN LINCOLN AVENUE AND DIANE WAY: At the request of the Principal of Gauer School, the School Traffic Safety Com- mittee investigated alternatives to provide safer bus loading of school child- ren on Lincoln Avenue in the area of Diane Way. City Engineer James Maddox reported that the Committee had determined the best method to solve the bus loading problem on Lincoln Avenue is to con- struct an opening in the planting strip at the extension of Dahlia Drive to provide bus access at the easterly end of Diane Way. Mr. Maddox stated he also recommends this method, however, after investigation as to the feasibility of the opening at this location, it was determined the work could be accomplished at a cost o£ $4,600,whlch amount should be authorized by the City Council, if it concurs in the recommendation. On motion by Councilman Dutton, seconded by Councilman Pebley, the construction of an opening in the divider strip at the extension of Dahlia Drive to provide access at the easterly end of Diane Way, as recommended by the City Engineer and the School Traffic Safety Committee, at a cost of $4,600, was authorized. MOTION CARRIED. RESOLUTION NO. 73R-544 - AWARD OF WORK ORDER NO. 5538: In accordance with the recom- mendations, of the City Engineer, Councilman Stephenson offered Resolution No. 73R-544 for adoption. 73-932 City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1973, 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 RESPONSIBILE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUII~MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: PHASE I CONSTRUCTION AT LEWIS 230 KV SUBSTATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 5538. (Lord Electric Company, Inc. - $735,382.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-544 duly passed and adopted. RESOLUTION NO. 73R-545 - AWARD OF WORK ORDER NO. 706-A: In accordance with the recommendations of the 'City Engineer, Councilman Pebley offered Resolution No. 73R-545 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE ATCHISON STREET STREET IMPROVEMENTS FROM CYPRESS STREET TO SANTA ANA STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 706-A. (R. N. Basich - $47,945.00) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-545 duly passed and adopted. FINAL ACCEPTANCES: Upon receipt of certifications from the Director of Public Works, Councilman Dutton offered Resolution Nos. 73R-546 and 73R-547 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-546 - WORK ORDER NO. 1312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES', MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON SOUTH RIVER TRUNK, PHASE II, AND WALNUT CANYON SEWER FROM SANTA ANA CANYON ROAD TO SOUTH RIVER TRUNK, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1312. (Roger & Davies Pipeline Contractors) RESOLUTION NO. 73R-547 WORK ORDER NO. 690-B: A RESOLUTION OF TNE CITY COUNCIL 0F THE CITY 0~ ANAm~IM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COM- PLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE STREET IMPROVEMENT, FROM EUCLID STREET TO BROOKHURST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 690-B. (R. 3. Noble Company) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-546 and 73R-547 duly passed and adopted. 73-933 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - November 13t 1973~ 1:30 P.M. RESOLUTION NO. 73R-548 - DEED~ OF EASEMENT: Councilman Dutton offered Resolution No. 73R-548 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY ~COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (J. Tyson Ellis; Dunn Properties Corporation; Sarah Ann White) Roi1 Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-548 duly passed and adopted. RESOLUTION NO. 73R-549: Councilman Dutton offered Resolution No. 73R-549 for adoption, accepting a corporation grant deed, in connection with the purchase of property known as Parcel No. 1 of the parking lot immediately south of the former Bank of America building at the purchase price of $75,000. Refer to Resolution Book. ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A CORPORATION GRANT DEED. (Merchant's National Realty Corporation) Roll Call Vote: AYES: COUNCILM]~N: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-549 duly passed and adopted. LITIGATION - JOSEPH D. HUARTE: The Acting City Attorney reported that a settlement conference between the City of Anaheim and Joseph D. Huarte had been held in Superior Court re: a ten-foot strip of land owned in fee by Mr. Huarte loca- ted between the City-own Rio Vista Park site and the school to the north. As a result of that conference, the City has tentatively agreed to pay Mr. Huarte $2,000 for conveyance of title to the ten-foot strip of land, to which Mr. Huarte is agreeable. Mr. Watts advised settlement of the inverse condemnation proCeedings has yet to be reached, however, at this time, it is necessary to determine if this offer is satisfactory to the Council. On motion by Councilman Pebley, seconded by Councilman Sneegas, the offer to pay to Joseph D. Huarte $2,000 for conveyance of title to the ten- foot strip of land located north of the Rio Vista Park 'site, was approved. MOTION CARRIED. WORK ORDER NO. 1003 - REROOFING OF CONVENTION CENTER: Mr. Murdoch reported that due to the material shortage existing in the industry today, the Federal Roof Company has still been unable to obtain the specified materials to reroof the Convention Center as outlined in Work Order No. 1003 and has subsequently re- quested substitution of pioneer-flint coat materials and their 20-year Class "A" Bondable Specification No. A-3N. He advised their signed contract has been returned based on use of pioneer-flint coat materials. Assistant City Engineer Ralph Pease explained that the Federal Roof Company had been given a l§-day extension for signing their contract in view of the fact that the specified materials supplier, Owen-Corning Fiberglass, advised the Federal Roof Company they could not supply materials and sugges- ted obtaining a substitute material. Therefore, Federal Roof Company is re- questing approval for substitution of pioneer-flint coat materials which, according to the roofing inspection representative, is equal to fiber- glass. No contract increase is requested since pioneer-flint coat is the same in price as the specified material, however if Council elects to use the 20- year bondable material additionally, an increase is imminent. 73-934 City Hall, Anaheim, California - COUNCIL MINUTES - November 13, 1973~ 1:30 P.M. On motion by Councilman Sneegas, seconded by Councilman Dutton, sub- stitution of pioneer-flint coat materials to reroof the Convention Center, as specified in Work Order No. 1003, was approved. MOTION CARRIED. PURCHASE OF EQUIPMENT - TWO OIL CIRCUIT BREAKERS: The City Manager reported and recommended purchase of two additional 69 KV, 1200 amperes, 3500 MVA oil cir- cuit breakers to replace two existing 2500 MVA breakers at Lewis Substation from the General Electric Company in the amount of $27,531.00, including tax. On motion by Councilman Stephenson, seconded by Councilman Dutton, purchase was authorized in the amount of $27,531.00, including tax, as recommen- ded by the City Manager. MOTION CARRIED. PURCHASE OF MATERIAL - 20 TONS OF FERTILIZER: The City Manager reported on the recom- mended purchase of 20 tons of 20-4-8 Green and Tee Winter Mix Fertilizer for the Anaheim Municipal Golf Course and advised that the Wilbur Ellis, sole source, has submitted a quotation in the amount of $5,250.00, including tax. He thereupon recommended that purchase be authorized. On motion by Councilman Stephenson, seconded by Councilman Sneegas, purchase was authorized in the amount of $5,250.00, including tax, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF MATERIAL - CABLE: The City Manager reported on informal bids received for the purchase of cable for the Lewis Substation and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, PLUS TAX General Electric Supply ............ $15,049.07 Okonite .................. - - 15,472.00 Graybar ....................... 15,512.90 Westinghouse .................... 15,557.50 On motion by Councilman Stephenson, seconded by Councilman Sneegas, the low bid of General Electric Supply was accepted and purchase authorized in the amount of $15,801.52, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - THREE RELAYS: The City Manager reported and recommended pur- chase of three relays for the Lewis Substation from Westinghouse Electric Cor- poration, sole vendor, in the amount of $6,196.05, including tax. On motion by Councilman Sneegas, seconded by Councilman Stephenson, purchase was authorized in the amount of $6,196.05, including tax, as recommended by the City Manager. MOTION CARRIED. PURCHASE OF MATERIALS - STRUCTURAL STEEL: The City Manager reported on informal bids received for the purchase of structural steel for Phase I and ii for installation of the Lewis Substation and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT, INCLUDING TAX Coast Iron & Steel, Santa Fe Springs ...... Halsey Machine, Rialto ............. Production Steel, Gardena ............ Central Industrial, Santa Fe Springs ........ Marathon Steel, Phoenix, Arizona .......... $172,427.62 183,026.97 126,340.25 NO QUOTE NO QUOTE On motion by Councilman Stephenson, seconded by Councilman Sneegas, the low bid of Coast Iron & Steel was accepted and purchase authorized in the amount of $172,427.62, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - FIVE MOWERS: The City Manager reported and recommended pur- chase of five mowers for Park and Recreation use from Toro Pacific Distributing Company, sole vendor, in the amount of $30,294.60, including tax. On motion by Councilman Stephenson, seconded by Councilman Sneegas, purchase was authorized in the amount of $30,294.60, including tax, as recommended by the City Manager. MOTION CARRIED. 73-935 City Hall, Anaheim, California - COUNCIL MINUTES - November 13~ 1973, 1:30 P.M. PURCHASE OF MATERIAL - ROCK FOR WALNUT CREEK CHECK DAMS: The City Manager reported on informal bids received for the purchase of rock for the two Walnut Creek Check Dams, Work Order No. 2067, which by previous Council action was deter- mined to be constructed by City forces. He thereupon recommended acceptance of the low bid: VENDOR TOTAL AMOUNT~ PLUS TAX Paul Hubbs, Corona Quarries .............. $7,966.40 Stringfellow Construction ............... 8,119.60 On motion by Councilman Sneegas, seconded by Councilman Dutt'on, the low bid of Paul Hubbs, Corona Quarries, was accepted and purchase authorized in the amount of $7,966.40, plus tax. MOTION CARRIED. CORRESPONDENCE: The following correspondence was order received and filed on motion by Councilman Pebley, seconded by Councilman Dutton: a. City of San Clemente - Resolution No. 86-73 - Petitioning the Public Utilities Commission and Amtrak to re-instate and establish certain commuter rail passenger service between San Diego and Los Angeles. b. City of Irvine - Resolution No. 203 - Supporting the continued operation of the Orange County Mosquito Abatement District and opposing any proposals to dissolve the District and transfer the functions of the District to the Orange County Health Department. c. Local Agency Formation Commission - Staff report concerning the review and determination of a sphere of influence for the City of Stanton. d. Community Center Authority - Minutes - October 15, 1973. e. Financial and Operating Reports for the Month of September, 1973 for the Electrical Division. f. City of Anaheim - Annual Financial Report - Fiscal Year Ending June 30, 1973. MOTION CARRIED. ORDINANCE NO. 3229: Councilman Sneegas offered Ordinance No. 3229 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM A~NDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-25 (3) - M-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3229 duly passed and ad6pted. ORDINANCE NO. 3231: Councilman Dutton offered Ordinance No. 3231 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-53 - R-3) ENCROACHMENT PERMIT NO. 73-7E: Action on Encroachment Permit No. 73-7E, submitted by Sam Bur§lin~ dba State College Car Wash, requesting to p~rmit a~ existing sign to encroach into a dedicated public alley at the east side of State College Boulevard, north of Center Street, was continued one week to allow fur- ther investigation. Zoning Supervisor Charles Robert briefed the history of the existing sign, noting that a permit for a temporary tract advertising sign had been issued in November of 1969; that at that time a $100 bond was posted to guaran- tee its removal at the end of one year; and in April of 1971, a permit was reissued for a temporary tract advertising sign (different development). He advised that the City presently holds the $100 bond. Mr. Roberts pointed out the sign today, however, is not a temporary sign but is a billboard located at an illegal location and should have been removed one year from April of 1971. 73-936 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. Mr. Roberts advised that the billboard was not shown on the condi- tional use permit plans for the recently approved car wash facility north of the alley, otherwise staff would have recommended its removal. San Burglin, dba State College Car Wash, 400 North State College Boulevard, presented pictures to show more clearly that trash trucks could ne- gotiate the turn and avoid the sign. Mr. Burglin advised the car wash has not yet meet their economic expectations and the sign represents revenue that par- tially off-sets the difference. Pictures submitted were returned to Mr. Burglin. Harry Boyd, City Sanitation Inspector, advised that in addition to the concern of the grade of the alley, he is also concerned with refuse pickup ser- vice. At the present time, Mr. Boyd advised, trucks must cross the vacant field adjacent to the sign in order to pick up the car wash refuse. At the time the vacant lot is developed, it will be necessary for trash trucks to enter the alley from State College Boulevard and with the sign encroaching into the alley, to exit it would be necessary to back out onto State College Boulevard, which is hazardous and undesirable. Councilman Sneegas questioned the statement about the grade of the alley. Mr. Boyd answered at the time he inspected the property he discovered that the northsouth alley perpendicular to the subject eastwest alley had been buried in dirt, creating a 12-inch grade difference in the two alley areas. He stated that in order to provide proper and adequate service to the car wash facility, and to the eventual development to the south, it is necessary that the grade difference be eliminated. Mr. Burglin reported they constructed the alley grade according to City-approved plans, however it is apparent a miscalculation was made. Ne ex- plained a certificate of occupancy has not been and will not be issued by the City until the grade difference is corrected. He advised in order to correct the problem, it is necessary to obtain permission from the adjacent property owner, and the property is presently in escrow and when escrow closes, he will contact the new owner. The City Engineer explained the plans were prepared by the Applicant's engineer; that there is a 1.2-foot grade difference in the two alleys; that the plan reflects the continuance of the eastwest alley southerly to make a reasonable grade; and that this will be accomplished when permission of the property owner to the south is obtained since there is a substantial grade difference. Councilman Sneegas voiced the opinion that the issue to be determined is the course of action to be taken on an existing illegal sign', noting that it should either be made legal through proper application or be removed. The Mayor stated he favored removal of the sign at this time since development of the property to the south is imminent. Assistant Development Services Director Ronald Thompson stated he felt that to allow a temporary sign to be installed in the public right-of-way and to grant a variance to permit this WOuld be letting an undesirable precedent. RESOLUTION NO. 73R-550: Councilman Dutton offered Resolution No. 73R-550 for adoption, denying Encroachment Permit No. 73-7E. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING A REQUEST FOR AN ENCROACHMENT PERMIT (73-7E). Roll Call Vote: 73-937 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1973, 1:30 P.M. AYES: COUNCII~N: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Sneegas qualified his "Yes" vote on the sole basis that the sign is an illegal sign. The Mayor declared Resolution No. 73R-550 duly passed and adopted. ENCROACHMENT PERMIT NO. 73-8E: Action on Encroachment Permit No. 73-8E, submitted by Mr. and Mrs. Jack Mattson, 1801 West Chalet Avenue, requesting to permit an existing fish pond and cover to encroach into a portion of a public utility easement located at 1801 West Chalet Avenue, was continued one week to allow further investigation. The Zoning Supervisor presented pictures of the cover constructed over the existing fish pond and reported that Building Division representatives have indicated there are some violations of the Building Code which, however, could easily be resolved. Mr. Roberts referred to one of the picture and noted that grape stakes fencing material had been used on the structure, which is a violation, and advised this could be remedied by cutting off the structure to a point three feet back from the property line or by fireproofing the mat- erial. In conclusion, Mr. Roberts stated that Development Services Depart- ment recommends approval of the encroachment permit, subject to the fish pond cover being brought into conformity with the Uniform Building Code. RESOLUTION NO. 73R-551: Councilman Pebley offered Resolution No. 73R-551 for adoption, granting Encroachment Permit No. 73-8E, subject to the Development Services Department's recommendations. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH JACK R. MATTSON AND BETTY J. MATTSON (73-8E). Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-551 duly passed and adopted. TENTATIVE TRACT MAP NO. 8470 AND ENVIRONMENTAL IMPACT REPORT' NO. 103: Action on Ten- tative Tract Map No. 8470 an~ Environmental Impact Report No. 103, cdntaining eight proposed R-E zoned lots, located on the north side of Crescent Drive, east of Peralta Hills Drive, was continued from November 6, 1973 to this date to allow for further study and report regarding the drainage of said property. Mr. C. J. Queyrel, Anacal Engineering, stated he concurs with condi- tions of approval for Tentative Tract Map No. 8470 recommended by the City Planning Commission at their meeting held October 15, 1973, with the exception of Condition No. 5 pertaining to drainage, which he felt was an unreasonable requirement due to the exi~tlng condition of the property. Mr. Queyrel explained the property is presently a citrus grove with one dwelling and as such is kept clear of weeds and debris causing a high de- gree of runoff. He further explained constructing the additional seven homes on the property would not increase run-off, it would be decreased due to lawns and shrubs which wodld be planted by the new homeowners. -Noted also was that this is not a h~llside development completely graded with slopes and having a density of three to four units per acre. 'Mr. Queyrel advised that the environmental impact report shows by calculations that no additional run- off would be generated. Mr. Queyrel concluded it is, unreasonable to require 73-938 City Hall, Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. subject property remain undeveloped until downstream facilities are installed and are operative, or untiladrainagedistrict in this and in thePeraltaHills area is formed. He requested that Condition No. 5 be amended to read "That drain- age of subject property shall be disposed of in a manner satisfactory to the City Engineer. That should Peralta Hills be included in a drainage district, subject property will pay the required fees, as established by said district prior to issuance of a grading permit. If the fee has not been established prior to issuance of building permits, an estimated fee will be required, as fixed by the Engineering Division, fee adjustment will be made upon determina- tion of a final fee." Councilman Thom asked what effect does Mr. Queyrel's suggested amend- ment have on Condition No. 45, pertaining to drainage. The City Engineer answered the suggested amendment is a direct revi- sion of Condition No. 5, which requires that all downstream facilities be in- stalled prior to issuance of any final building inspection or occupancy permits. He stated he has reviewed the suggested amendment with the City Attorney's Office, and they concluded that Condition No. 5 of Tentative Tract Map No. 8470 should remain as recommended by the City Planning Commission until after a master plan of drainage is adopted and at that time determine if subject tract is a part of the drainage assessment district and if it is, amend Condition No. 5 accordingly. He advised that the proposed master plan of drainage is scheduled for discussion by the Planning Commission on November 26, 1973. The City Clerk advised that prior to tentative tract approval, action on Environmental Impact Report No. 103 must be taken and noted the Planning Commission and staff have recommended that Environmental Impact Report No. 103 not be adopted until it has been amended to include discussion of the drainage problem and proposed mitigation measures. She further advised that an addendum to the environmental impact report has subsequently been received, however, to her knowledge no staff analysis has been made of it. The Mayor questioned Charles Roberts, Zoning Supervisor, about staff analysis of the addendum submitted, and Mr. Roberts answered he would check immediately with the Engineering Department. RECESS: Councilman Sneegas moved for a five-minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (3:20 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (3:35 P.M.) After checking with the owners during recess, Mr. Queyrel advised that they request action on Tentative Tract Map No. 8470 and Environmental Impact Report No. 103 be continued to December 26, 1973, at which time the master plan of drainage will be considered by the Council. On motion by Councilman Pebley, seconded by Councilman Sneegas, action on Tentative Tract Map No. 8470 and Environmental Impact Report No. 103 was con- tinued to December 26, 1973. MOTION CARRIED. I~ROPOSED JOINT POWERS AGREEMENT - CHINO HILLS AIRPORT AUTHORITY: Acting City Attorney Watts advised that he and the City Attorneys from the Cities of Chino and Stanton have reviewed the proposed joint powers agreement and have modified the agreement in Sections 7 and 8. Mr. Watts explained that in Section 7, page 17~ the term "best efforts" to annex a part of the site in Orange County and San Bernardino Counties to the respective Cities of Anaheim and Chino has been more clearly defined as not to include litigation; and that in the event of litigation in connection with said annexation proceedings, each city shall hold an election to determine whether the matter should be considered further. Mr. Watts advised that Section 8 has been redrafted to read that, "no city under this agreement would contribute any funds until that city has expressly approved the contribution of those funds". He explained that the feasibility study will be accomplished with Federal funds, however, these funds represent only 73-939 City Hall; Anaheim~ California - COUNCIL MINUTES - November 13~ 1973; 1:30 P.M. two-thirds of the costs,and that the remaining one-third cost is to be con- tributed by the Chino Hills group through the participating cities. He ad- vised that the agreement did not specify this; that he and the Attorneys con- cluded that none of the participating cities are ordered to contribute any funds unless those funds, in the first instance, have been contributed by the Chino Hills Airport group to the cities; and this obligation would be spelled out in an agreement between the Airport Authority,created pursuant to the joint powers agreement,and the Chino Mills Airport group. In order to adequately protect the City, Mr. Watts advised the agreement between the Airport Authority and the Chino Hills Airport group now specifies that neither the participating cities, nor the Authority can extend any monies unless each City Council approves the expenditure of that money. Mr. Watts reported that the City Attorneys of both Chino and Stanton would be presenting the proposed joint powers agreement to their respective City Councils next week for consideration. Mayor Dutton posted a map on the east Council wall and gave a brief explanation in an attempt to eliminate the confusion which exists relative to what the proposed joint powers agreement will accomplish, noting it would merely create an airport authority charged with the responsibility of prepar- ing schematic plans, physical layouts, feasibility study and an environmental impact report. As far as funding airport needs, Mayor Dutton explained that there is an Airport Trust Fund,similar to the highway users trust fund, wherein 6% of a passengers air fare, a percentage of every gallon of fuel and every pound of cargo; and a fee charged to planes in excess of 25,000 pounds for land- ing, are all deposited in the Airport Trust Fund. He noted that it is the taxpayers who use air transportation facilities who actually pay for airports. The Mayor stated it is from the Airport Trust Fund that two-thirds of the feasibility study costs will come; that the remaining one-third cost will come from the Chino Hills Airport group through the participating cities; and that no money will be generated from any participating city's treasury. Mayor Dutton voiced the opinion that the proposed Chino Hills Air- port is an airport which will allow no intrusion of incompatible uses, pointing out that the immediate surrounding area will include a planned veteran's ceme- tery, greenbelt areas, water storage areas, certain industrial uses related to airport facilities and possibly a golf course. Councilman Pebley asked if the Chino Hills group experiences bank- ruptcy, will the participating cities then be held liable for the remaining one-third cost of the feasibility study and any expenses incurred. Mr. Watts~ replied it is the feeling of the City Attorneys involved that such a situation would terminate the joint powers agreement, however, to fully protect the participating cities, the agreement was redrafted to read that the cities must expressly approve all expenditures'before any expenses are incurred. Although not spelled out in detail' in the agreement, in'essence, the Chino Hills group would have to deposit monies in the city funds before the cities approve the expenditure. Councilman Pebley emphatically stated that prior to his approving the joint powers agreement this fact would have to be clearly spelled out in the a~reement. Councilman Thom voiced the opinion the agreement is too ambiguous and that it does not clearly indicate the City's financial responsbility. Mr. Watts again replied that although not explicitly spelled out, the objective of the agreement was to give Council the right to approve all expenditures before any expenses would be incurred. Mayor Dutton stated he felt Section 8 protected the City because it states that each city must consent and approve all costs prior to expenditure. Councilman Sneegas pointed out there appears to be a problem getting people informed as to where the proposed airport will be and how it effects 73-940 City Hall~ Anaheim, California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. them, noting the letter on file from St. Jude Hospital opposing the proposed airport. He then referred to the map on the wall and pointed out that St. Jude Hospital is 11 miles from the take-off pattern of the proposed airport and that the Hospital would be no more affected by the Chino Hills Airport than it is by the Orange County Airport flight patterns. Councilman Sneegas voiced the opinion that we must look at our future air transportation needs~ noting that present ground transportation problems are, in a large part, due to a lack of preceptive planning. He stated he felt there are no more pitfalls in the proposed joint powers agreement than there are in any other program the City initially enters,and noted the responsbility for keeping expenses under control lies with this City Council who must first approve the expenditures prior to incurance of costs. Councilman Sneegas stated he favored a feasibility study to obtain as much information as possible to de- termine whether the proposed Chino Hills Airport should be built,and that the joint powers agreement under consideration allows the study to be made. Councilman Stephenson referred to Section 6 of the joint powers agree- ment and stated he felt the wording made the City financially liable to carry out the agreement regardless of the performance by the Chino Hills group. Mayor Dutton stated a responsibility exist today to meet the needs of the future and that advance planning is a necessity to accomplish it. He pointed out mistakes made by Los Angeles International and Orange County Airports. In particular, Los Angeles International Airport could have purchased surrounding land to prevent any intrusion on the air facility,and did not. Further, due to short range planning, only a 60,000 passenger per year facility was constructed at Orange County Airport; and this year's volume of passengers is 1,250,000 and next year's is projected for 1,400,000; the Orange County Airport is the second busiest air facility in the Nation today. The Mayor expressed the opinion that the proposed Chino Hills Airport Complex is an opportunity to construct a facil- ity which would protect itself from intrusion by its size to meet present and future air transportation needs. Additionally,cargo of 500 diversified industries is transported to and from the Orange County air facility and the future of those industries in Orange County must be considered. Tourism is a consideration in building an ade- quate facility, noting that tourism is the third largest industry in California, a 3½ billion dollar industry,and that tourism is centered in Orange County. He concluded that everyone directly or indirectly benefits from an airport facility. Councilman Thom 'voiced the opinion he did not feel it was necessary for the City to solve the air needs of Southern California and a report pre- pared by SCAG indicated air transportation needs would be adequate until 1980 by expanding existing facilities. Mayor Dutton added that the California Division of Aeronautics have concluded that even with expanding the existing Orange County facility, there is a need for the Chino Hills Airport to meet air transportation demands. The Mayor invited Colonel John Lowman to clarify any questions asked or statements made. Colonel Lowman advised that prior to any payments of monies, the Chino Hills group must first deposit those monies into the treasuries of the participat- ing cities; that the cities themselves must sign the checks; and the Airport Authority approws th~ ~xp~nditur~ how~wr th~ cities actually control the monies expended. Councilman Pebley asked if the Authority obligates itself to a certain amount of money and does not deposit that amount into the cities' treasuries~ what liability does that place the cities under. Colonel Lowman answered it has always been the intent that prior to obligating any monies, the monies would first have to be deposited in the cities' treasuries in the form of a donation to the city, or a special escrow account, whichever the cities prefer. 73-941 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. Councilman Pebley reiterated before he would approve the joint powers agreement, this fact must be specifically spelled out in the agreement, not left for interpretation of intent. Councilman Sneegas observed the discrepancy in the language of the agreement appears to be in the use of the word "may" which he explained is permissive not mandatory. Councilman Stephenson referred to Section 9 and questioned the use of "shall" which is mandatory. Mr. Watts explained that Sections 6 and 9 are integrated with Section 8 which give the Council the right to approve or disapprove the expenditures of any monies. Mayor Dutton asked Colonel Lowman if it had not been so, from the Chino Hills Airport inception, that cities entering into the joint powers agreement would not be responsible for any expenditure, and that the Chino Hills group would put up any monies required by the participating cities in the joint powers agreement, to which Colonel Lowman answered most affirmatively and ad- vised he has made statements~to that effect to newspapers and others. Since it was the general feeling of the Council that this fact should be explicitly spelled out in the agreement, Acting City Attorney Watts sugges- ted holding over the proposed Chino Hills Joint Powers Agreement for one week to allow him to check with the other participating city attorneys to derive com- mon language to revise the agreement accordingly. Councilman Stephenson asked why more Orange County cities are not participating in the proposed Chino Hills agreement. The Mayor answered that the Cities of Santa Aha, Garden Grove and Huntington Beach concur with the need for adequate air transportation and favor the proposed Chino Hills Airport, however, they have not been invited to par- ticipate in the agreement on the basis that too many participating cities would make the operation unwielding. On motion by Councilman Sneegas, seconded by Councilman Thom, the proposed Chino Hills Joint Powers Agreement was referred back to the City Attorney for revision to include expressly where the planning funds are to be derived from,and to specifically state those funds must be deposited with the participating cities prior to commitment of those funds by the Airport Auth- ority. To this motion, Councilman Dutton voted "no". MOTION CARRIED. ANAHEIM POLICE ASSOCIATION - S~ALARY NEGOTIATION STATUS: The City Manager reported that Mr. Soloman who apparently represents the Anaheim Police Association con- tacted Garry McRae, Personnel Director,and person designated as the Labor Relations Officer for the City, this morning to discuss the magnitude of the differences and possible approaches to their resolution and advised a meeting between them has been scheduled for November 14, 1973. Later in the meeting for audience clarification, Mr. Murdoch again stated that Mr. Soloman, who apparently represents the Anaheim Police Associa- tion, did contact Garry McRae and requested a meeting to discuss the magnitude of the difference between the City's offer and the position held by the Police Association and that that meeting is scheduled for the morning of November 14~ 1973. Dale Walters, 15311Zane Circle, Huntington Beach~ asked the Council if Garry McRae has the authority now to negotiate with the Anaheim Police Assoc- iation. Mayor Dutton replied that if Mr. Walters is asking whether or not Mr. McRae has the authority to renegotiate, the answer is no, however, there are established procedures which can be followed. In response to Councilman Thom's statement, Mr. Murdoch stated in order for any communication to be established, there must be a communication 73-942 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. between the two parties; that since the City's action (the offer) was the last action taken and since no reply had been given by the Police Association, it is now up to the Association to take the next step which they have now done by contacting the City's Personnel Director. He noted there are several procedures available to them, however, any further action is dependent upon the outcome of the discussion to be held on November 14, 1973. Mr. Murdoch further noted up to this point there has been no indication as to the nature of the differences between the City's offer and the position held by the Police Association. Councilman Thom advised in view of the statement made at the November 8, 1973 Council meeting that the Council would think about the matter, he was seek- ing a direct reply, and felt the answer given today was an indirect reply. Councilman Sneegas asked Councilman Thom if his statement should be construed as advocating that Mr. McRae be given a blank check to settle any differences at any cost and then report the outcome to the Council, to which Councilman Thom answered no. Councilman Sneegas stated in view of the fact that the City made its final offer to the Police Association and no reply was given, the next step is to determine what the differences are and discuss them. He felt the contact made on behalf of the Anaheim Police Association to the City's representative was the next step and certainly the proper course of action to follow. Mayor Dutton stated no request was received by the Police Association to discuss with Council any differences between the City's offer and their accep- tance of the salary package and to his knowledge the Association did not give Mr. McRae a reason for not accepting. In answer to Councilman Thom's statement, that he felt a request had been made, Councilman Sneegas stated a request was made following legal action and by so doing placed the City in a legal position. Mayor Dutton stated that there are two gentlemen on the Council who are former members of the Anaheim Police Department, who are church going indi- viduals, who have worked especially hard for Anaheim Police Department members and who have a responsibility to the total public, and remarked how disappoint- ing they must feel when they see signs made by the Police Department members which so completely contradict their attitude and efforts made on behalf of the Police Department. No action was taken by the City Council at this time. WORK ORDER NO. 651-B - BALL STREET IMPROVEMENT: Acting City Attorney Watts reported that the bonding company which assumed responsibility for completion of Work Order No. 651-B has had subsequent disputes with Steiny and Company, Inc., a subcontractor, and is requesting permission to post another bond in the amount of 125%, through Summit Insurance Company of New York. Mr. Watts advised that in accordance with Section 3196 of the Civil Code, the City must approve the posting of the bond and thereupon recommended approval. On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council authorized the posting of Summit Insurance Company bond in the amount of 125% of the disPUted claim filed by Steiny and Company, Inc., in connection with Work Order No. 651-B, pursuant to Section 3196 of the Civil Code~ as recormnended by the Actin~ City Attorney. MOTION CARRIED. M.D.S. LEASE AGREEMENT - ROBERT FELDMAN:~ Acting City Attorney Watts presented a pro- posed lease agreement between th~ ~it'y and Robert L. Feldman for the California Building, at 39.5 cents per square foot for 10,726-square feet of fully improved offices, located at 125 East Ball Road for use as the joint City-M.D.S. Computer facility. Mr. Watts advised the proposed agreement is for 36 months, with an op- tion at the end of that time to renew for an additional two years. He reported that the building presently is unimproved, however, the landlord will remodel 73-943 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. ~o City specifications and that the lease, therefore, will cormmence upon com- pletion of construction, with written acknowledgement between the City Manager and Fedlman. Mr. Watts stated certain terms and conditions struck from the form lease because they were inapplicable to the City as a tenant. In con- clusion, Mr. Watts pointed out that if the taxes on that portion of the build- ing lease by the City should increase from this current tax year, the City must pay the increased difference~ and if the janitorial service fee should increase, the City would also have to pay this increased difference. Councilman Sneegas questioned whether nor not the City has an option to provide its own janitorial service,and if not, what prevents the landlord from doubling the service fee. Mr. Watts answered that janitorial service is contracted out by the landlord; and his own interest, such as full occupancy of the building, would prevent him from charging an excessive fee to his tenants; and, of course, the City has the right to check his records with respect to any increases. Councilmen Sneegas and Pebley expressed the opinion that the City should have an option on janitorial service in order to protect itself from excessive fees. John Megery, 1132 Arbor Street, Grubb and Ellis, stated Mr. Feldman, owner of the California Building, was also present to answer any questions. Councilman Pebley asked what the current base was for janitorial service. Mr. Megery answered they presently have received bids from several janitorial firms and that the lowest bid is $2.95 per square foot onamonthly basis including three days a week service to the building. Councilman Pebley remarked that if the City is responsible for in- creased property taxes, then it is not right for Feldman to remodel the build- ing to meet City specification in order to lease it to the City for 39.5 cents per square foot now and then expect the City to pay the tax increase next year which is imminent due to improvement made to the building. Mr. Megery answered he did not believe the alterations and repairs required by the City would be taxable items, noting the building is already a fully improved professional office with air conditioning and heating,and that the only major change would be the installation of a raised floor for the computer. Councilman Pebley more fully explained his position by stating the City should not have to pay the increased taxes as the result of remodeling the building to meet its own specification, and then pay 39.5 cents per square foot per month. A more equitable means,he stated, would be to have the City's starting base for paying any increase taxes effective on the 1974-75 tax bill, after the improvements have been assessed, to which all Councilmen agreed. The City Manager interjected that since the owner was present, per- haps he could answer whether he would be agreeable to modifying the agreement to reflect absorption of any increased taxes for the first two years, being the remaining calendar year, plus the next fiscal year. Mr. Robert Feldman, 5229 Balboa Boulevard~ Encino~ owner~ concurred with the intent, however, d{d not feel he could com~nlt himself to a future starting tax base in light of the many pending State and County tax proposals. The City Manager explained that assessed valuation of the property would be used and that when the assessor makes an assessed valuation because of additions, he separates the addition and any increases in the taxes are then identifiable. He, to, agreed the City should not be obligated for any in- crease in taxes due to additions which the landlord agreed to make to suit the tenant for the purpose of a lease. In answer to Mr. Feldman's concern, Mr. Murdoch stated minor improve- ments, such as modifying partitions, would be listed as personal property, not an assessment against the building. 73-944 City Hall, Anaheim~ California - COUNCIL MINUTES - November 13, 1973~ 1:30 P.M. Mr. Megery stated that alterations and repairs would cost approximately $80,000 of which $21,000 was for electrical energy for the computer, and he did not believe the assessor would consider these as taxable items. The Council disagreed, noting that the electrical wiring alone was a definite asset to the building and would be a taxable item. Mr. Feldman stated he would not be adverse to absorbing the increased taxes for the modifications only, if he could obtain a breakdown from the County Assessor indicating the amount for this work. Mr. Murdoch assured Mr. Feldman there is no difficulty in obtaining this breakdown. Acting City Attorney Watts advised that he will insert language in paragraph 23.2 of the proposed lease agreement to provide that the increase in taxes are not to be the responsibility of the City in the event they result from improvements agreed to and constructed by the landlord; pursuant to Exhibit No. A (floor plans). He further pointed out that the agreed upon requirement that the landlord furnish City 66 reserved parking spaces should also be inserted in the agreement. Mr. Feldman concurred and stated the parking space requirement could be inserted in the lease under "premises" which includes the amount of square footage and price per square foot. RESOLUTION NO. 73R-552: Councilman Pebley offered Resolution No. 73R-552 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR AN OFFICE BUILDING LEASE LOCATED AT 125 EAST BALL ROAD, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-552 duly passed and adopted. ELECTION LAW CHANGES: The City Clerk reported that there have been several changes in the Election Laws, one being, the requirement that for cities our size, candidate nomination papers contain a minimum of 20 signatures and maximum of 30. Another change is the provision whereby the City Council, by ordinance, can establish a filing fee proportionate to the costs of processing a candidate's nomination papers, but not to exceed $25. Mrs. Daoust stated that if the Council is interested in establishing such a fee, it should be done either at this meeting or not later than next Tuesday in order to have the ordinance effective by January 10, 1974, which is the first day nomination papers can be taken out. ORDINANCE NO. 3232: Councilman Pebley offered Ordinance No. 3232 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.12, OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 1.12.090 RELATING TO FILING FEES FOR CANDIDATES FOR ELECTIVE OFFICES IN THE CITY OF ANAHEIM. ($25.00) RESIGNATION OF ROD SACKETT; GREENBELT COORDINATOR: Councilman Sneegas reported that Mr. Rod Sackett, Greenbelt Coordinator, will resign from his position effective December 7, 1973. Mr. Sackett, in an effort to obtain a successor, will prepare a list of individuals who have shown an interest in the program. Councilman 73-945 City Hall, Anaheim, California - COUNCIL MINUTES - November 13~ 1973~ 1:30 P.M. Sneegas requested direction from the Council as to how they wished to review these individuals and further requested that a resolution be adopted, express- ing the City's sincere appreciation for Mr. Sackett's services. By general Council consent, a Resolution of Appreciation to Mr. Rod Sackett, Greenbelt Coordinator, was authorized to be prepared and action on selection of his successor was continued, pending receipt of suggested indi- viduals by Mr. Sackett. ADJOURNMENT: Councilman Pebley moved to adjourn. Councilman Stephenson seconded the motion. MOTION CARRIED. Adjourned: 5:10 P.M. City Clerk ~t}~ Hall~ Anaheim~ California - COU~]CIL MINUTES - November 20~ 1973~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: COUNCILMEN: None ASSISTANT CiTY MANAGER: Robert M. Davis ACTING CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: ZONING SUPERVISOR: Charles Roberts Stephenson, Sneegas, Pebley, Thom and Dutton Ronald Thompson l~afor Dutton called the meeting to order. FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of Allegiance to the Flag. BOY SCOUTS OF AMERICA - TROUP NO. 526: Communication was submitted and read expressing appreciation for the privilege of representing the City of Anaheim at the National Boy Scout Jamboree West and for the community financial support received from the Anaheim citizens, business establishments and service organizations. MINUTES: Minutes of the Anaheim City Council Regular Meeting held October 30, 1973 were approved, on motion by Councilman Thom, seconded by Councilman Stephenson. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full o~ all ordinances and resolutions,and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLYCARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $3,052,31~.74, ~n accordance with the 1973-74 Budget, were approved. CONTINUED PUBLIC HEARING - VARIANCE NO. 25~1 - ENVIRONMENTAL IMPACT REPORT EXEMP- TION STATUS AND DINNER DANCE PERMIT (BIG JOHN'S PIZZA ESTABLISHMENT): Submitted by Joe L. and Barbara E. ~ane for waiver of "permitted uses" to permit a public dance hall on property located on the north side of Orangethorpe Avenue, west of Orangethorpe Park, presently zoned M-1.