Loading...
1973/11/2773=965 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973, 1:30 P.M~ The City Council of the City of Anaheim met in regular session. PRE SENT: AB SEN T: PRE SENT: COUNCILMEN: Stephenson, Sneegas, Pebley (~rrived 2:10 p.m.), Thom and Dutton COUNCILMEN: None CITY MANAGER: Ketth A. Murdoch ACTING CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust DEPUTY CITY CLERK: Aloha M. Fattens PARK & RECREATION DIRECTOR: John J. Collier PERSONNEL DIRECTOR: Garry O. McRae ASSISTANT CITY ENGINEER: Ralph O. Pease ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SU?ERVISOR: Charles Roberts PLANNING SUPERVISOR: Don McDaniel ASSOCIATE PLANNER: Bill Young ASSISTANT PLANNER: Annika Santalahti Mayor Dutton called the meeting to order. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATION: The following proclamation was issued by Mayor Dutton and unanimously approved by the City Council: "VOICE OF DEMOCRACY WEEK" - December 1-15, 1973 MINUTES: Approval of the minutes of the Anaheim City Council regular meetings held November 6, November 13, and November 20, 1973 and adjourned regular meeting held November 8, 1973, was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Sneegas moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Dutton seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,899,833.03, in accordance with the 1973-74 Budget, were approved. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1052: Initiated by the City Planning Com~ission to investigate the necessary evidence relative to uses permitted under the original conditional use permit application and the uses as they presently exist on the premises. Said conditional use permit wms ~iginally granted to allow the establishment of a trucking yard and termima! om M-1 zoned property located on the south side of Santa Ama Street, east side of Walnut Street, and west side of Manchester Avenue. The City Planning Commission, pursuant to Resolution No. PC73-219, amended the original uses allowed under Conditional Use Permit No. 1052, to permit an automobile impound yard and modified the conditio~l o~ &pproval which were attached to Resolution No. PC68-229 (granting iaid ¢o~ditfo~al use permit) to include the followin§ additional conditioml: 1. That a six-foot masonry wall shall be constructed along the west side of Manchester Avenue for the southerly 236 feet extending fr~m the existing redwood fence to the southerly property line adjacent to the eximting seven-foot masonry wall; and that a six-foot masonry wall shall be co~ltructed along the southerly 230+ feet of the east side of Walnut Street to emclose the outdoor storage fac~lities of the ~mpo~d ymrd, as stip~la~e~ ~o hy the petitioner. 13-966 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. 2. That there shall be no stacking of vehicles above the six-foot height of the wall as stipulated to by the petitioner. 3. That landscaping shall be provided in conformance with the site development standards of the M-1 Zone. Appeal from certain conditions imposed by the City Planning Con~tssion were filed by Mr. Milton E. Johnson, owner of the property, and public hearing scheduled this date. Zoning Supervisor Roberts described the location of subject property and indicated that consideration of this matter by the Planning Co~m~ission came about as a result of a change in the use on a portion of the property. He related events which have transpired in connection with Conditional Use Per- mit No. 1052 as follows: 1. The conditional use permit was originally approved in the latter part of 1968 to permit the northerly portion of the property to be used as an auto-impound and repair facility and the southerly portion (which is the prop- erty under discussion) was at that time intended for use as a trucking yard and terminal with related auto and truck overhauling and storage, as well as related mechanical and auto body-fender repair. At that time the Planning Commission approved the request to establish a trucking yard and terminal with related auto and truck overhauling and repair facilities. The two waivers requested on the original conditional use permit application were from masonry walls to separate this use from the R-1 property to the south and from the required enclosure of outdoor uses, which would pertain to the Walnut and Manchester frontages. The applicant withdrew the request for waiver from the masonry wall and the remaining waiver (i.e., required enclosure of outdoor uses) was granted. 2. Some time prior to June of this year, Mr. Johnson discussed with the Development Services Department the possibility of expanding the auto and truck repair facility, which use exists on the northerly portion of the property, since the lessee of the southern portion of the property, the trucking terminal with related activities, was moving to another location. The Development Services Staff indicated to the petitioner that the proposal, as presented, would represent an expansion of the existing impounding and towing operation which was not speci- fically approved under Conditional Use Permit No. 1052. Mr. Johnson disagreed and presented his proposal to a representative of the City Attorney's Office who then rendered the opinion, based upon Mr. Johnson's presentation, that the pro- posed expansion would fall within the confines of the use originally granted, i.e., a trucking terminal. 3. Subsequent to this, upon witnessing a change in the business acti- vities upon the property, the Planning Con~nission felt the matter should be pursued further and public hearings were held. At the conclusion of these, the Planning C~mnission adopted Resolution No. PC73-219 which set forth certain findings relative to the situation and these were read in full by Mr. Roberts from the Planning Commission resolution. Finding No. 4 stated that the appli- cant did stipulate to construction of a six-foot masonry wall along the entire frontage of Walnut Street, where no structures existed, to the seven-foot masonry wal] on Santa Ana Street. The Mayor asked if the applicant or his agent were present and wished ~ to address the Council. Mr. Stephen Gallagher, Attorney for Mr. Milton E. Johnson, remarked that to his recollection, the applicant had not stipulated to construction of a six-foot masonry wall as set forth in Finding No. 4 of Planning Commission Resolution No. PC73-219, and advised that if the stipulation had been made, it was withdrawn. Mr. Gallagher noted that the only problem resulting from the requested use which must be resolved is that of screening, that there is no noise problem. Mr. Gallagher submitted a letter from Mrs. Esther M. Beinke, President of the W & W. Towing Company, which outlined the company's procedures for handling inpounded~ stored and wrecked vehicles, together with a parcel map and several 73-967 City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. photographs showing the current status of the property from various angles. (Photographs were reviewed by Council and submitted as evidence.) Mr. Gallagher advised, as he noted was also indicated in the letter, the W & W Towing Company provides impounding facilities utilized by the Anaheim Police Department and California Highway Patrol, and that no dismantling occurs on the property. Ihe vehicles remain impounded awaiting disposition, and no auto wrecking occurs on any portion of the property, merely the wheels and tires are removed and occasionally a motor is removed. The cars are trucked away and dismantled at another location. Mr. Gallagher utilized the photographs submitted to illustrate: that the easterly property line currently is fenced from the north end a distance of 200 feet, leaving a portion open within the existing chain link fence and Mr. 3ohnson is willing to extend the existing fence an additional 175 feet to the south end of the property; that the westerly property line (along Walnut Street) from the north to the south end is presently screened by buildings, except for the south 125 feet of the Walnut Street frontage. Although in front of the adjacent school, Mr. Gallagher pointed out, there is a hedge which provides additional buffer from subject property. Mr. Gallagher noted that if his client is required to put in 175 feet of block wall on Manchester Avenue and 125 feet of block wall on Walnut, it will cost an estimated $6,000 to $7,000, whereas, he could extend the exist- ing fence on Manchester to 1,500 feet and install additional bamboo fencing over the existing chain link fence to provide an adequate screen for the south 125 feet on Manchester from public view, at a lesser cost. He noted that the gate in this section could also be screened. He felt that the public interest would be adequately protected by these measures. Mr. Gallagher pointed out in further support of his position that directly to the east side of subject property is the Anaheim Sand and Gravel Company, whose existing outdoor u~'e is not screened, and that there are no residences or sidewalks for pedestrians to the east. In addition, Mr. Gallagher referred to the fact that the next item on this agenda is a proposed amendment to the Anaheim Municipal Code which may modify requirements for fences and walls in the M-1 Zone. Councilman Pebley entered the Council Chambers (2:10 P.M.). Councilman Stephenson stated that there appears to be some conflict between Mr. Gallagher's statement and the operation as described, since in his opinion, removal of the wheels and tires as described would constitute dis- mantling. Mr. Gallagher stressed that the remainder of the autos with drive shafts, transmissions, and in most cases motors, intact are hauled away for dismantling or wrecking at another location, and that he does not consider this dismantling. In further answer to Councilman Stephens~n, he advised that after the wheels are removed the automobiles are stacked on top of each other to conserve space since there are a considerable number of automobiles impounded by the California Highway Patrol and Anaheim Police Department at this location. Councilman Snee~as noted that an impound lot is a necessary service~ since there must be some place to which abandoned and Wrecked vehicles can be taken. He advised that when the Police Department requests the impound lot operator to remove an auto, it is up to the operator to re&lize whatever profit he can from salvage of the vehicle or sale of the parts, and this is most likely the reason for removal of certain parts on the impound lot. In answer to Councilman Stephenson's query as to what happens to these autos once they are hauled away from this lot, Mr. Garland Bie~ke of W & W Towing advised that thess are taken to either of two sites, north Long Beach or Terminal Island, where they are rum through shredders and flattened out and then sold for scrap metal. 73-968 ]ity Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 Councilman Sneegas stated that he has been concerned over the access problem to this property from Manchester Avenue, and Mr. Btenke reported that it is now possible to gain entrance through Santa Aha Street ~L~ drive through subject property with egress on Walnut Street. He assured Councilman Sneegaa that there is no longer any need for backing out, nor for use of Manchester to store vehicles. Councilman Stephenson inquired as to the type of fence existing on Manchester, and Mr. Bienke advised that this is a chain link fence, but that the outdoor use is screened by buildings. Councilman Sneegas questioned Mr. Bienke about the bamboo screen proposed. Mr. Bienke advised that this is split bamboo which is usually used for shading. He stated that he does not propose to install this on Walnut Street frontage chain link fence since this area will be used as a driveway and for employees and customer parking. He reported that he has installed another chain link fence about 40 feet inside of the Walnut Street property line, which is the start of the actual impound lot, and this is the fence which will be screened with bamboo. Councilman Sneegas summarized that with this proposal, from the Walnut Street side, only normal useable automobiles could be seen inside, and that no actual wrecked cars or pieces of junk will be sitting out for public view, which Mr. Bienke stated was correct. The Mayor asked if anyone else, either in favor or opposition, wished to address the Council; there being no response, declared the hearing closed. Mr. Roberts raised a point of clarification regarding the stipulation to construction of a six-foot masonry wall and read from the minutes of the City Planning C~m~,ission meeting held October 1, 1973, page 73-592, paragraph 2, which indicated that Mr. Gallagher stated that the petitioner would stipulate to construction of a seven-foot high masonry wall extending to the south along Manchester Avenue and along the east side of Walnut Street, or west property line of subject property wherein no structure exists. Immediately following this, the motion was amended to provide for a six-foot wmll. Mr. Gallagher contended that as far as he was concerned, he had requested this stipulation be removed from the record, inasmuch as h~~ c!~n~ L~~ ~'~'~-~ him that this would be too much expense. Councilman Thom stated that he would be amenable to removal of the requirement for a six-foot wall on Manchester, noting the general area and land uses existing. Councilman Sneegas explained that as regards the Walnut Street frontage, he would not be in favor of a block wall which obscures the view of vehicles using this entrance, due to the location of the Betsy Ross Elementary School directly opposite. Although he stated he would like to see conditions along Manchester Avenue improved, he did not feel it would be fair to penalize one individual without requiring similar improvements from the remaining property owners. Councilman Thom felt the objective, i.e., screening of the outdoor use from public view, could be accomplished with a latticed chain link fence. On conclusion of discussion, at the request of Mr. Roberts and the City Council, Mr. Bienke outlined the intended use of the property and proposals for screening as follows: The southerly half of the triangular shaped property will be utilized strictly as an impound lot and for storage of wrecked vehicles; on the east side of the property, (Manchester frontage) plans are to put up a board fence approximately eight feet high extending down to the existing seven- foot high wall which separates the property from the residential area; on the Walnut Street side, there are two parallel fences, the one on the' sidewalk is proposed to be left without any screening, the fence which is located 40 feet 73-969 City Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973~ 1:30 P~M. east of the west (Walnut Street) property line will be screened with bamboo attached to the existing chain link fence. He stipulated that only useable vehicles of normal appearance will be parked in front of the inner fence, and that no cars will be stacked up above the level of said inside fence. RESOLUTION NO. 73R-565: Councilman Stephenson offered Resolution No. 73R-565 for adoption, granting Conditional Use Permit No. 1052 subject to review in one year, amending Condition No. 1 of Planning Commission Resolution No. PC73-219, as follows: 1. That the existing redwood fence shall be extended along the west side of Manchester Avenue for the southerly 236 feet to the south property line adjacent to the existing seven-foot masonry wall; and that the existing chain link fence located parallel to, and 40 feet inside the chain link fence on the Walnut Street frontage, shall be screened with bamboo material. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1052. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-565 duly passed and adopted. Mayor Dutton left the Council Chambers and Mayor Pro Tem Sneegas assumed chairmanship of the meeting. (2:25 P.M.) PUBLIC HEARING - PROPOSED IMENDMENT TO TITLE 18 - ANAHEIM MUNICIPAL CODE (FENCES AND WALLS~ M-I~ LIGHT INDUSTRIAL ZONE): To consider amendment to Title 18, Chapter 18.52, M-I, Light Industrial Zone, Section 18.52.060, Site Development Standards, Subsection ~3), Fences and Walls. The City Planning Commission, pursuant to Resolution No. PC73-235, recou~ended the adoption of an amendment to the Anaheim Municipal Code, Title 18, Zoning, Chapter 18.52, M-l, Light Industrial Zone, as depicted on Exhibit Mr. Bill Young, Development Services Department, outlined the three alternatives presented to the Planning Commission regarding enclosure of outdoor uses in the M-1 Zone, i.e., 1. to permit slatted chain link fence to enclose a storage area (passive uses) not adjacent to street frontages. 2. to permit chain link fence to enclose any outdoor use (both active and passive), except when adjacent to street frontage. 3) to permit open chain link fence (without slats) to enclose any outdoor use,~except when the area is adjacent to street frontage, and in that case the chain link fence would be required to be interwoven with redwood or dedar slats. The City Planning Cog~nission reviewed these three alternatives and recommended a composite of Alternatives 2 and 3, as follows: (a) Required Screenin~ Adjacent to Residential or' Commercial'Zone Boundmries: A solidmasonry wmll, landscaped earthen berm or any thereof totaling not less than six (6) feet in.height, shill be re~ired along and adjacent to any side or rear property line abutting any residential or commercial zone boundary~ or any alley abu~tin$ any such zone b0und,ry, Further, amy access gates shall be constructed of view-obscuring material provide effective sight screening, provided, however, said ~lls or be~s are not required adajcent to any lot zoned R-A which is under a Resolution of Intent to any industrial zone. (b) Required Enclosure of Outdoor Uses. The perimeter of any por- tion of a site not adjacent to either a residential or commercial zone boundary upon which any outdoor use of an industrial nature is permitted shall be enclosed to a height of not less than six (6) feet either by solid '3-970 :ity Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. masonry or building walls, chainlink fence entirely interwoven with redwood or cedar slats, landscaped earthen berm or any combination thereof; and no outdoor industrial use or enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any storage of products or materials exceed the height of any such enclosure; provided~ however~ that adjacent to any street frontage, any outdoor use enclosed by chainlink fence shall be view- screened from such street as follows: 1) Any portion of said' chainlink fence adjacent to any street frontage, including access gates, shall be entirely interwoven with redwood or cedar slats. 2) Trees, of a size of not less than fifteen (15) gallons, shall be planted along and adjacent to said fence within the required street setback area in a ratio of not less than one (1) tree per each twenty (20) lineal feet of length of such fence and spaced according to the spread of the species used, but in no case, more than twenty (20) feet apart. 3) All required planting areas shall be provided with hose bibbs, sprink- lers of similar permanent irrigation facilities and shall be permanently maintained in a neat and orderly manner as a condition of use. Councilman Pebley requested that the records show that he will abstain from voting on this proposed ordinance, although he will participate in the discussion, and that his remarks relative to this issue are made not as a Councilman but as a land owner. Mr. Pebley asked if this proposed ordinance would be retroactive for existing M-1 properties in the City. Mr. Young replied that this requirement would apply only to new construc- tion and in the event an existing structure requires additional zoning action. Mr. Young pointed out that the existing ordinance requires a solid masonry wall and provides for no alternatives, that the proposed amendment is intended to alleviate the stringency of the existing regulatiorsin order to provide for alternative methods of enclosing outdoor uses. He reported that the proposed ordinance does, however, on its adoption, add to the Anaheim Municipal Code the requirement for solid masonry wall, landscaped earthen berm, or combination thereof, along and adjacent to any commercial zone boundary, whereas, the masonry wall requirement currently applies only to residential zoned boundaries. Mr. Pebley noted that approximately 15 years ago when many of the currently existing industrial buildings were constructed, the regulations were entirely different and no block walls were required. He assumed that adoption of this ordinance would impose these requirements upon the older buildings should they need a building permit for structural changes or enlargement. Councilman Thom stressed that the amendment under consideration is less stringent than the ordinance as it is in effect currently, which requires a masonry wall enclosing outdoor uses without provision for any alternatives. Mr. Murdoch emphasized this point, that the present ordinance requires a masonry wall next to residential zoned boundaries, and subjects the property owners to a more stringent requirement than the proposed ordinance would. Further, he noted that the older industrial properties would become subject to this requirement only if they wished to change the type of use or expand in some way which necessitated additional zoning action. The draft ordinance would provide an alternative, which is a lesser option, and in addition apply this requirement to commercial zoned boundaries. Mr. Thompson related that one of the factors that brought this proposed ~mendment about was that certain ~4mivers from the Code have been granted, per- mitting chainlink fences on interior property lines. It was felt that some relaxation of the Code might be warranted in order to obviate the necessity for the variance procedure and also to attempt to bring the Code up to date and in line with the indications given by Council. Councilman Dutton returned to Council Chambers (2:35 P.M.). 73-971 City Halls Anaheim& California - COUNCIL MINUTES - Nov-&her 27, 1973, 1:30 P.M. Mayor Pro Tem Sneegas asked if anyone wished to address the Council either in favor or opposition to this proposed amendment to Title 18. The Deputy City .Clerk submitted a letter from the Anaheim Chamber of Commerce, under signature of Mr. Larry Sierk, Executive Vice President, and Mr. Gerald T. Kennedy, Chairman of the Industrial C~,~ittee, recommending adoption of the proposed ordinance as rec~,~ended by the City Planning Com- mission in their Resolution No. PC73-235 (Exhibit "A"). Said letter was read in full. Mayor Pro Tem Sneegas asked if anyone else either in favor or in opposition on this issue wished to address the Council; there being no response, declared the hearing closed. Mr. Murdoch pointed out that the requirement as proposed in Sub- Section (&) of the draft ordinance for solid masonry wall, landscaped earthen berm or combination thereof adjacent to a commercial zoned boundary is not a relaxation of the current ordinance, but is rather a new requirement and he felt that as such it would warrant discussion relative to its potential impli- cations prior to adoption. Mr. Bill Young explained the rationale behind the requirement for screening of a commercial zoned boundary, as well as residential, giving examples of commercial uses adjacent to M-1 uses which are considered incom- patible and which are separated only by chainlink fencing at present. Considerable discussion ensued, during which Mr. Pebley expressed concerns regarding adoption of this additional requirement because of the possibility that this will force an industrial property owner who wishes to expand his present use,to remove the existing chainltnk fence which was erected pursuant to City policy in the past and replace this with a costly block wall in order to obtain a building permit. Mr. Murdoch pointed out that this requirement would not apply in the case where the industrial property owner is expanding a use permitted as a matter of right in the M-1 Zone, but would apply on expansion of a non-conform- ing use or on changes in land use requiring further zoning action (variance, conditional use permit). He observed that the screening of outdoor uses adjacent to commercial zoned boundaries could be made a condition of approval of their required zoning action which would adequately cover the situation, At the conclusion of discussion, it was the gen~&l ¢on~aus of Council opinion that the requirement for screening ¢o~rc~al ~o~d bounda~ies would warrant further investigation prior to adoption, &~d ~her~for~, b~ general consent, the Council amended the r~com~end&~lon p~rsuant ~o Planning Co~m~ission Resolution No. PC73-235 (Exh~bl~ "A"), ~o dmlete ~he word "or commercial" wherever these appear within th~ proposed ordtnmncm. ORDINANCE No. 3235: Councilman Thom offered Ordinance No. 3235 for reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITHE 18, CX~AP~I~ 18.52, OF TI~ ANAHEIM Mb~ICIPAL CODE RELATING TO ZONING. Mayor Dutton resumed the chairmanship of the meet~n$. PUBLIC HEARING - AMENDMENT TO TITLE 18 - OFF-STREET.PARKINGP~..gU~N~,:...~-~ To consider amendment to Title 18, Chapter 18.28, rial Zone, Section 18.28.050, Site Development Standards, $~se¢~l~a (~0), Off-Street Parking Requirements. The City Planning Co~nission, pursuant ~O ~SS~lUt~ NO. ~7~-2~, recommended adoption of the amendment to Title 18,~Ch&p~mr 18.~8, ~m~i~ 18.28.050, Subsection (10), in accordancm withgxhib~t '~". Miss Annika Santalahti, Assist&mt Planner, reported that ~his pro- posed amendment was precipitated by the results of a Development Services Department survey on parking provided in & sample of apartment houses which 73-972 Dity Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. have been constructed since the last Code amendment was adopted in 1959. This survey indicated that while the parking provided for on~ and three-bedroom units is adequate, the spaces provided for two-bedroom units are not adequate and that guest parking is not adequate at all. Therefore, the recuum,endation was made by the Planning Commission that an amendment to the Anaheim Municipal Code be adopted which would increase parking requirements for one- and two- bedroom units and decrease the requirement for three-bedroom units. The amend- ment provides that dwelling units with one or less bedrooms shall be provided not less than 1.6 spaces and that dwelling units with two or more bedrooms shall be provided with not less than 1.9 spaces. Mr. Murdoch interrupted the report and suggested that this matter would better be considered some time after the December 12, 1973, hearing on the Transportation Element of the Euvironmental Protection Agency regulations, so that the impact of said regulations upon parking spaces for multiple-family residential units can be taken into consideration along with the proposed ordinance. On motion by Councilman Pebley, seconded by Councilman Stephenson, public hearing on the amendment recommended by the Planning Commission, pursuant to their Resolution No. PC73-236 (Exhibit "A"), was continued to January 2, 1974. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Mr. B. H. McGuire, B & G Distributors, for Amusement Devices Permit to allow one cigarette machine and one juke box at the Coronado Lounge, 1274 South Magnolia Avenue, was submitted and granted, subject to provisions of Chapter 3.24 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Sneegas, seconded by Councilman Stephenson. MOTION CARRIED. ENTERTAINMENT PERMIT: Application filed by Mr. Bob A. Wilkinson for Entertainment Permit to allow one to three musicians or singers at Mexi Casa, 226 NorthMan- chester Avenue, seven days a week, 5:00 p.m. to 10:00 p.m., was submitted and granted for a period of one year, subject to provisions of Chapter 4.18 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. REQUEST - ACCELERATION OF DEVELOPMENT - RIO VISTA PARK SITE: Mr. Gerald F. Prender- gast, 161 South Jeanine Way, requested to again address the Council regarding the possibility of accelerating development of the Rio Vista Park (petition was submitted and discussion of this matter held on November 6, 1973). The Deputy City Clerk submitted a letter from Mr. and Mrs. Patrick Nickels, 2825 Dutch Avenue, urging the acceleration of park development. Mr. Prendergast contended that the people of that area are entitled to development of the Rio Vista Park in that each home, apartment unit and condomintt~n, was assessed a certain amount of money specifically for park develop- ment. Since these costs have been borne by the area residents in the price of their homes, condominiums and rents, they now feel that the City should provide the park. Councilman Pebley pointed out that the cost of acquisition of the Rio Vista Park property alone would use up the park in-lieu fees referred to by Mr. Prendergast. Mr. Murdoch sun~narized that since 1954, the total park in-lieu receipts were $1,933,511.00, and during that same period of ti~ne park land acquisition costs amounted to $3,951,303.00. With the addition of monies from bond funds used for parks which totaled $1,400,000.00, the combined fig~re still does not reach the ex]~enditure for land acquisition. Capital improv~nents on parks during this period has reached $2,644,000.00 and another $314,000.00 was spex~t for park equipment. These figures illustrate that the acquisition of the land itself very likely exhausted the park in-lieu fees paid, as has been the City's past experience. Mr. Prendergast referred to the fact that the City of Anaheim wili received $985,000.00 in sales tax from the State of California and additionally 73-973 City Halls Anaheima California - COUNCIL MINUTES - November 27a 1973, 1:30 P,M. that it was recently announced that a refund may be expected on the Possessory Interest Tax at the Stadium. In answer to Councilman Thom, Mr. Murdoch estimated that the sum of approximately $840,000.00 may be forthcoming, pending the Court ruling on those asses~nents already levied, and there may be some possibility of increase in this refund over that amount. He further noted that the City cannot expect to receive these monies until an agreement is reached with the Assessor or, if this is not possible, on completion of litigation, which might take two years. Councilman Pebley apprised Mr. Prendergast of the 1970 Bond 'Issue for park development, which would have enabled the City to complete all of the pending'parks, which was soundly defeated. Councilman Dutton referred to the Bond Act approved for the 1974 ballot by the State Legislature which will, if approved, make available to the City of Anaheim an additional $500,000.00, and in line with the priorities estab- lished, this would accelerate development of Rio Vista Park site. Mr. Prendergast disagreed with the logic of waiting for this addi- tional $500,000.00 which may never be approved, and insisted that funds could be provided from elsewhere. He stated that he could see no valid reason for the City to leave this vacant property sit in its present state and requested that the City be a good neighbor. Further, he felt the park should be con- structed to provide a safe place for the neighborhood children to play and noted that the gates to the school property are locked, barring the children from using this as a playground. He reiterated that there are 3,513 people which this park will serve who would appreciate its rapid development. Councilman Pebley reminded Mr. Prendergast that both of these sub- jects were discussed at length on November 6, 1973, and that the City Council at that time requested the Park and Recreation Director to make sure that the Rio Vista Park site is clean and weeds disced or hand removed if necessary. Further, he stated that the representative from Placentia Unified School Dis- trict who was present that day, (Mr. Patrick Bowman) assured Council that the gates to the school property would be unlocked. In answer to Councilman Thom, Mr. John Collier reported that it currently costs approximately $15,000.00 per acre for park development in situations such as the Rio Vista Park where the school restrooms are detached from the school structure, as this eliminates the necessity for the City to construct restroom facilities in the park, thereby, decreasing the costs somewhat. In addition he reported that the City plans to lease the eastern half of the school property (5 acres) which will increase the size of the pro- jected park. He estimated the cost for development of this park site at $75,000.00 to $100,000.00. He reported that the City paid $25,000.00 to $28,000.00 per acre for the Rio Vista Park site property and that any addi- tional construction or acceleration of the park schedule would require that the City contract for labor since the two City crews will be engaged in current construction at two sites in the western end of the City for the next two years. On learning from the Acting City Attorney that there is a good possibility thmt the City will receive the Possesmory Interemt Tmx refumd prior to the next fiscal year, Councilman Thom suggested that the Council might make a c~litment to using a portion of this for park development, noting this might enable the City to develop as much am 20 acres which, in line with the established priority, would include the Jumrez and Rio Vista Parks. Mr. Murdoch illustrated park priorities by indicating on the map posted in the Council Chamber that the area proposed to be served by Ju~rez Park (roughly east of State College, south of Lincoln) currently h&8 no City park facility at all, whereas the Rio Vista site is actually a'secomd park for the area, Pioneer Park being located in that vicinity. The priority for a second park is not anywhere near as high as that for an area without any. He stated that as much as the City may be in sympathy with those who wish 73-974 City Hall~ A~aheim~ California - COUNCIL MINUTES - November 27~ 1973t 1:30 P.M. the Rio Vista site to be developed, the disparity in priority must be recognized. He ren~rked that he is frankly surprised that the Park and Recreation Commission assigned the Rio Vista site second priority. Mr. Murdoch further pointed out that while at the moment, because of the freeway construction, access to Pioneer Park for those living to the east of it is limited, once construction is completed, they will be provided a pedestrian overpass which will lead directly to the Park grounds and Pioneer Park will certainly be available to them until the Rio Vista site is complete. Councilman Dutton noted that the necessity for the City to purchase park property as soon as development activity in an area, and way in advance of plans or capability to develop same, is the reason that there is much misunder- standing regarding park development. Further, he remarked that the park in-lieu fees paid at the time of development do not begin to cover even the purchase price of the land itself. He also reminded the audience that the financial burden for park property does not stop with development, that there is the con- tinued cost of maintenance to be borne. Mr. Prendergast advised that the homeowners feel the City should change their current policy and pay for park property over an extended period of time, thereby freeing funds for development. Mr. Murdoch explained the State Laws which impose certain restrictions on time-purchase of park property which makes it rather difficult for the City to find a seller willing to accept the time-purchase terms which the City must offer. He assured Mr. Prendergast that this approach is utilized whenever possible. Mr. Prendergast then inquired as to why there is a park presently under construction in the Anaheim Hills area, near the Golf Course. Councilman Sneegas, ass~ning Mr. Prendergast was referring to the Oak Canyon site, emphasized that $100,000.00 of that development cost is being absorbed by the contractor, as a gift to the City, and that there is considerably more than this being donated in other amenities. He explained that this means, in effect, that these expenses will not have to be paid eventually by the taxpayers. Councilman Sneegas further pointed out that there are people living on the south side of Lincoln Avenue who, if they thought it would enhance their chances of accelerating park development in their area, would also appear before the Council. He remarked that he felt it was a matter of being fair to all residents of the City and following clearly established priorities in park develop- ment. He expressed the opinion that it is Council's view that the parks will be developed as quickly as possible within the order of priorities established by the Park and Recreation C~m~ission. Mr. Prendergast contended that the City has ignored the established priorities in the past, noting the dates of. purchase of different park properties and the fact that some of those already under construction were purchased after the Juarez Park property. Councilman Sneegas advised that the same criteria was used in estab- lishing the priorities of construction mentioned by Mr. Prendergast as was used to establish the priority of Rio Vista Park, notably, the number of people to 'be served by the park, the location of the nearest developed park~ and the length of time the area has been wtthout'a park facility. He reiterated that until the £reew&y construction,khe people in the immediate Rio Vista area had a park accessible and as close to them as anyone else. Mrs. Tom Roper reminded Council that many of the citizens who desired acceleration of Rio Vista Park were instrumental in electing members to this Council and that they have waited seven years for a park. Mr. K~thy Loukas read a prepared statement which indicated that the citizens of the Rio Vista Park area have been victimized and are .suffering Unfairly because of the lack of a safe place for their children to play. It is these conditions which force them to take drastic measures to bring their 73-975 City Hail, Anaheim~ California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. plight to Council's attention. She noted that on initial purchase of their homes · certain amount of money was assessed for park development ·nd she contended that the amount received far exceeded the necessary funds, and that these funds were expended for other purposes. She challenged the Council to face up to the children's needs and provide the Rio Vista Park. Councilman Thom stated that he thought the ~ouncil could take a position of c~m~itment by promising that they would allocate one-half of the Possessory Interest Tax refund, to be used for development of parks in accord- ance with the illustrated priorities in order to accelerate the park program within the next eighteen months. Mr. Murdoch cautioned that in making such a co,~itment at the present time, the Council is assuming that the area is not currently served by a park facility and will not be served as quickly as with alternative construction, whereas this is not the case. He reiterated that the subject neighborhood is adequately served by Pioneer Park, except for the immediate period of freeway construction, which is temporary. At the conclusion of this, access to that park will be direct, without any crossing of major streets. Additionally, he stressed that adjacent to the east side of Lincoln Avenue, also in this immediate facility, a joint project of the Orange County Water District, Orange County Flood Control District and City of Anaheim with Federal Funds, the 5 Coves Park, is in an early stage of construction. On completion of this, that area will have more park facilities readily available than any other part of the City, without the Rio Vista Park. Mr. Prendergast asked if Mr. Murdoch was insinuating that the purchase of Rio Vista Park site was an error on the City's part. Mr. Murdoch replied that he felt ultimately, in the overall park system which proposes to provide better services than are available currently, this site should be developed. He remarked that he felt the mistake was in assigning its priority as number 2, that he personally felt it should be fur- ther back in the order of development. Councilman Stephenson s~mmrized that the Council has received the recommendations of the City Manager and Park and Recreation Con~nission and Park and Recreation Director relative to the park priorities, and remarked that Mr. Prendergast himself, as well as any other citizen, would not think much of the Council if they refused to observe these. Mr. Prendergast insisted that they have already paid money for a park which has not yet been delivered. Councilman Dutton again pointed out that the money collected from the area in the form of park in-lieu fees from the developer did not amount to enough to cover the purchase of the land for this park. Councilman Sneegas remarked that he did not think it fair to operate on a first-come, first-served basis and that the concensus of Co~cil opinion appears to be that the park will be developed as soon as possible in relation to its priority. No further action was taken by the City Council. T~NMINATION OF KECIASSIFICATION NO. 73-74-19: The request of Mr. Alan C. Paterson, Robertshaw Controls Company, dated November 1, 1973, that proceedings under ReclassificationNo. 73-74-19, approved by the City Council October 16, 1973, for M-1 zoning on the west side of Manchester Avenue, east side of Clementine Street and south side of Alto Way, be terminated, was submitted for Council consider- ation. RESOLUTION NO. 73R-566: Councilman Stephenson offered Resolution No. 73R-566 for adoption, declaring Resolution No. 73R-475 null and void and termi~ating R~classification No. 73-74-19. Refer to Resolution Book. 73-976 ".ity Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PRO- Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None N one The Mayor declared Resolution No. 73R-566 duly passed and adopted. STATUS REPORT - PROPOSED ORDINANCE REGULATING APARTMENTS, CONDOMINIUMS AND TOWNHOUSES: Progress report prepared by Planning Division of Development Services Depart- ment was submitted for Council information and Mr. Don McDaniel advised that this sunu~mrizes the efforts undertaken at Council's request of October 30, 1973, towards the drafting of an ordinance regulating apartments, condominiums and townhouses. Essentially, he noted they have examined the twelve planned residen- tial developments approved within the City in the past two years and comparison of these has produced some policies and criteria which may be used to develop standards. Mr. McDaniel called attention to Table II of said report which summarizes the effects of these proposed standards on the twelve approved planned residential developments. Mr. McDaniel advised that staff recommendation is that rather than coming up with an urgency ordinance as originally discussed, the best procedure would be, if Council approves in principle the criteria presented in Table II, these may be used as guidelines from which the Planning Department can work to develop the ordinance. Councilman Thom inquired whether the report submitted had been pre- sented to the Planning Commission as he would be interested in knowing their r~action. Mr. Ron Thompson replied that if these criteria are approved in prin- ciple, then the entire proposed ordinance and supplementary documentation on completion, would be submitted to the Planning Commission for recommendation. On motion by Councilman Stephenson, seconded by Councilman Dutton, the City Council approved the Criteria presented in Development Services Depart- ment report of November 27, 1973, and authorized a draft ordinance be prepared and submitted to the City Planning Commission for rec~m.endation. MOTION CARRIED. ENCROACHMENT PERMIT NO. 73-12E: Submitted by James W. Wilson, proposing to permit a swimming pool to encroach into an existing public utility easement lying within Lot No. 142 of Tract No. 3501, located south of Ball Road, west of Knott Avenue. Also submitted was report of the City Engineer, recommending approval of said request, providing that said encroachment will not exceed the height of 20 feet measured perpendicularly from the natural level of the ground. RESOLUTION NO. 73R-567: Councilman Dutton offered Resolution No. 73R-567 for adoption, granting Encroachment Permit No. 73-12E, subject to the pr~vision recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING'THE TE~MS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY CLERK TO E~ECUTE SAID ENCROACHMENT PERMIT WITH 3AMES W. AND DONNA A. WILSON. (73-12E) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared ResolutiomNo. 73R-567 duly passed and adopted. 73-977 City. Hall~ Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. IRREVOCABLE OFFER OF DEDICATION (TRACT NO. 6733, RECLASSIFICATION NO. 71-72-53): Irrevocable Offer of Dedication of Lots A and B of Tract No. 6733, executed by Butler Housing Corporation in conjunction with development of said Tract, was submitted and approved as to form, and recordation thereof authorized on motion by Councilman Sneegas, seconded by Councilman Dutton. MOTION CARRIED. FINAL MAP TRACT NO. 6733: Developer, Butler Housing Corporation; tract located on the north side of Orangethorpe, east of Lakevtew Avenue; containing 52 RS-5000 zoned lots. The City Engineer recc~m~ended approval and reported that said final map conforms substantially with the tentative map previously approved,'that bond has been forwarded to the City Attorney for approval and required fees paid. On rec~m,endation of the City Engineer, Councilman Dutton moved that Final Map Tract No. 6733 be approved, subject to approval of their required bond by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Con~nission at their meeting held November 12, 1973, pertaining to the following applications were submitted for City Council information and consideration: (The Deputy City Clerk noted that due to the anticipated lack of quorum on December 4, 1973, the Planning Commission items are being considered by Council one week in advance of the usual schedule. She announced that the last day for appeal of these items will be Tuesday, December 4, 1973, at 5:00 p.m.) ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: As recommended by the City Planning C~L~,ission, on motion by Councilman Stephenson, seconded by Councilman Sneegas, it was the finding of the City Council that impact of the project in the following zoning applications would be trivial in nature and that no Environmental Impact Reports or Statements be required: Conditional Use Permit No. 996 Conditional Use Permit No. 1417 Conditional Use Permit No. 1429 Conditional Use Permit No. 1432 Conditional Use Permit No. 1433 Variance No. 2564 MOTION CARRIED. 1. VARIANCE NO. 2564: Submitted by Gertrude M. Eggleston, to subdivide an existing substandard sized R-A lot into two portions, leaving an existing dwelling on one portion and developing an industrial use on the other. Prop- erty is located on the west side of Miller Street, north of Miraloma Avenue, with waivers of: a. Minimum lot area. b. Minimum lot width. The City Planning Co~nission, pursuant to Resolution No. PC73-248, granted said Variance, subject to conditions. 2. CONDITIONAL USE PERMIT NO. 996: Submitted by Leslie W. and Velva A. Gardner, to expand a day school in an existing residence for kindergarten through sixth grade students on R-1 zoned property located on the south'side of Vermont Avenue, east of Harbor Boulevard. The City Plannin~ C~ission, pursuant to Resolution No. I~73-241, granted said Conditional Use Permit for a maximum of 80 students, subject to conditions. 3. CONDITIONAL USE PERMIT NO. 1417: Submitted by Clarence Meddock, to estab- lish bus storage facilities in conjunction with an. adjacent transportation center on C-3 zoned property located on the south side of Katella Way, east of Master Street. The City Planning Commission, pursuant to Resolution No. PC73-242, granted said Conditional Use Permit, subject to conditions. 3-9;8 :ity Hall, Anaheim, California - COUNCIL MINUTES - November 27, 1973, 1:30 P?M. 4. CONDITIONAL USE PERMIT NO. 1429: Submitted by Orangethorpe Mini Company, to establish a recreational vehicle storage yard in an existing M-1 warehouse site on the south side of Orangethorpe Avenue, west of Raymond Avenue, with waivers of: a. Required block wall surrounding an outdooruse. b. Minimum required number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC73-243, granted said Conditional Use Permit, subject to one condition. 5. CONDITIONAL USE PERMIT NO. 1432: Submitted by Dunn Properties Corporation, to construct a conference room and an 70-room addition to an existing motel on M-1 zoned property located on the south side of Katella Avenue, west of State College Boulevard, with waiver of: a. Required number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC73-244, granted said Conditional Use Permit, subject to conditions. 6. CONDITIONAL USE PERMIT NO. 1433: Submitted by Raymond and Pauline Tedford, to permit on-sale liquor not integrated with a restaurant on C-1 zoned property located on the south side of Lincoln Avenue, on the west side of Dale Avenue. The City Planning Commission, pursuant to Resolution No. PC73-245, granted said Conditional Use Permit for on-sale liquor, subject to conditions. The foregoing applications were reviewed by the City Council and no further action taken. 7. CONDITIONAL USE PERMIT NO. 1427 AND ENVIRONMENTAL IMPACT REPORT NO. 106: Application by Dunn Properties Corporation for the following Code waivers to establish two enclosed restaurants with cocktail lounges, an office structure and bank site on M-1 zoned property located at the northwest corner of Katella Avenue and State College Boulevard, was submitted, together with Environmental Impact Report No. 106: a. Permitted uses. b. Minimum lot size. c. Maximum height of walls and setbacks. d. Permitted sign location. e. Maximum sign area. f. Minimum distance between signs. The City Planning C~muission, pursuant to Resolution No. PC73-240, recommended that Environmental Impact Report No. 106 be adopted as Council's statement and granted said Conditional Use Permit, subject to conditions. ENVIRONMENTAL IMPACT STATEMENT: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council accepted Enviroranental Impact Report No. 106 and E. I. R. Review Committee analysis thereof, together with City Planning Conwaission recommendation, and adopted s~ne as the statement of the Council. MOTION CARRIED. The Council took no further action on Conditional Use Permit No. 1427. CHRIS11~AS TREE LOT - 1179 SOUTH STATE COLLEGE BOULEVARD: Request of Mr. Vincent J. Sweeney, 2200 Ball Road, for permission to operate a Chris~mas tree lot at 1179 South State College Boulevard, a R-3 zone, was submitted for Council con- lideration, together with report from Development Services Department, advising that previou~ similar operations on this site have not generated any complaints and that the present proposal would not appear to detrimentally affect the adjacent land uses. On motion by Councilman Sneegas, seconded by Counctlman-Duttou, request Go operate a Christmas tree sales facility at 1179 South State College Boulevard, in the R-3 zone, was approved. MOTION CARRIED. 73-979 City Hmll~ Anaheim~ California - COUNCIL MINUTES - November 27.a 1973a 1:30 P.M. RESOLUTION NO. 73R-568 - AWARD OF WORK ORDER NO. 707-A: In accordance with recom- mendations of the City Engineer, Councilman Stephenson offered Resolution No. 73R-568 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 LOWESTRESPONSIBLE BIDDER FOR THE FUR- NISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENTANDALL UTILI- TIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE WINSTON ROAD STREET IMPROIrEMENT, EAST OF STATE COLLEGE BOULEVARD, 'IN CITY OF ANAHEIM, WORK ORDER NO. 707-A. (Parco - $5,732.29) Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-568 duly passed and adopted. PUBLIC IMPROVEMENT PROJECTS: Councilman Sneegas offered Resolution Nos. 73R-569 and 73R-570 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-569 - WORK ORDER NO. 709-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE WEST STREET STREET IMPROVEMENT FROM MANCHESTER AVENUE TO HAMPSHIRE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 709-A. (Bids to be opened December 20, 1973, 2:00 pom.) RESOLUTION NO. 73R-570 - yORK ORDER NO. 1250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE SANTA ANA CANYON ROAD AND PERALTA HILLS DRIVE SEWER IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1250. (Bids to be opened December 20, 1973, 2:00 p.m.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-569 and 73R-570 duly passed and adopted. FINAL COMPLETIONS: Upon receipt of certifications from the Director of Public Works, Councilman Pebley offered Resolution Nos. 73R-571 through 73R-574, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-571 - WORK ORDER NO. 698-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING IME COMPLETION AND T~E FUR- NISHING OF ALL PLANT, LABOR, SERVICES, MAIERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FINLAND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLE/E THE FOLLOWING PUBLIC IMPROVE- MENT, TO WIT: THE NOh-L RANCH ROAD AND ROYKL OAK ROAD STREET IMPROVEMENT, NORTHWEST CORNER, iN THE CITY OF ANAHEIM, WORK ORDER NO. 698-A. (R. J. Noble Company) RESOLUTION NO. 73R-572 - WORK ORDER NO. 699-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AN~ EQUIPMENT AND ALL UTILITIES AND 73-980 City Hall~ Anaheim, California - COUNCIL MINUTES - November 27, 1973~ 1:30 P.M. TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IA CRESTA AVENUE-RED GUM STREET STREET IMPROVEMENT IN THE CITY OF ANAHEIM, WORK ORDER NO. 699-A. (Griffith Company) RESOLUTION NO. 73R-573 - WORK ORDE.R NO, 700-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, IABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE BLUE GUM STREET AND MIRALOMA AVENUE STREET IMPROVEMEN~ IN THE CITY OF ANAHEIM, WORK ORDER NO. 700-B. (Jim's Blade Service) RESOLUTION NO. 73R-574 - WORK ORDEg NO. 701-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PIANT, IABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTA- TION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE HOWELL AVENUE STREET IMPROVEMENT, FROM 118 FEET SOUTH OF SUNKIST STREET TO 4 FEET NORTH OF SINCLAIR STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 701-B. (Jim's Blade Service) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIIREN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-571 through 73R-574, both inclu- sive, duly passed and adopted. RESOLUTION NO. 73R-575 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 73R-575 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Weslin Ltd.; Dale E. Fowler, et ux; Christine O'Donnell; Arno Heying, Conservator, etc.) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-575 duly passed and adopted. CANCELLATION OF COUNTY TAXES (FORMER BANK OF AMERICA PARKING LOT - PARCEL 1): On motion by Councilman Dutton, seconded by Councilman Sneegas, the Orange County Board of Supervisors was requested to cancel County Taxes on property acquired by the City of Anaheim for municipal purposes, pursuant to Resolution No. 7~R-549, formerly assessed to Merchants National Realty Corporation, recorded November 19, 1973, as Document No. 13557, in Book 10993, at Page 626, Official Records of Orange County, California. MOTION CARRIED. RESOLUTION NO. 73R-576 - TRANSFER OF UNCLAIMED PROPERTY: Councilman Dutt~n offered Resolution No. 73R-576 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING CERTAIN UNCLAIMED PROPERTY IS NEEDED FOR PUBLIC USE AND TRANSFERRING THE SAME TO THE CITY PURCHASING DEPARTMENT. Roll Call Vote: City Hall~ Anaheim~ California - COUNCIL MINUTES - November 27a 1973~ 1:30 P.M. AYES: COUNCIIMEN: NOES: COUNCII~EN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-576 duly passed and adopted. PURCHASE OF EQUIPMENT - 1 FOUR WHEEL STREET SWEEPER: The City Manager reported on informal bids received for the purchase of one four-wheel street sweeper for the Streets and Sanitation Division, as follows, and recommended acceptance of the low bid: VENDOR Dearth Machinery Co., Baldwin Park Nixon-Egli Equipment, Santa Fe Springs TOTAL AMOUNT~ INCLUDING TAX $17,742.90 19,817.45 On motion by Councilman Dutton, seconded by Councilman Sneegas, the low bid of Dearth Machinery Company was accepted, and purchase authorized in the amount of $17,742.90, including tax. MOTION CARRIED. ROOFING INSPECTION AND CONSULTING SERVICE - ANAHEIM CONVENTION CENTER: Agreement for inspection services and reports on the re-roofing of the existing buildings at the Anaheim Convention Center with Roofing Inspection and Consulting Service in the amount of $4,500.00, was submitted and approved on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. EMPLOYEES' DENTAL INSURANCE: Mr. Garry McRae, Personnel Director, reported on the seven proposals received for pre-paid dental care and five proposals for an indemnity plan. The pre-paid plans were evaluated in terms of facilities available and service offered, costs and range of services and the conclusion was Dr. Kauf~an's plan offered the widest range of benefits within the price stipulations that were established in the bid specifications. ~e facilities were visited and found to be satisfactory. The benefits and surcharges pro- posed by Dr. Kaufman are the most reasonable of those which were investigated. Dr. Kaufman guarantees the proposed rates for at least two years, and he has indicated that this rate may essentially be permanent. Mr. McRae further reported that the recommended indemnity plan is that proposed by the California Dental Service, Program No. II. The benefits under this Program are based on reasonable and customary charges, rather than arbitrary fee schedule. Another feature which was considered beneficial was that this Program has no deductible so that there' is first-dollar coverage for the employee and his family. Councilman Thom inquired as to how these two plans will be implemented, to which Mr. McRae answered that during the month of December, each employee will be given a choice of either Plan. Coverage will then be effective for one year under his chosen Program, with an open period in January of each year during which an employee may elect to change his dental coverage to the other Plan provided. Councilman Dutton, noting that one Plan provides for dental services through a clinic arrangement and the o~her allows employees to s~lect a dentist of their choice, inquired as to the difference in the benefits between these two plans. Mr. McRae explained that Dr. Kaufman's Plan has ver~ limited charges and that these would be reduced over a period of four years by 25 percent per year, to the point where ultimately the patient will have no surcharges for treatment, after being in the plan continuously for four years. Dr. Kaufman added that there are basically eleven procedures for which surcharges are made, and reiterated that these would be reduced over a four-year period after which no surcharges would be made for these procedures; the one exception to this being for orthodontic care for which there is a one-time charge of $50.00, but that fee would remain applicable to all mem- bers, the number of years enrolled notwithstanding. 72-982 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. Councilman Thom asked whether Dr. Kaufman's staff included a board- certified orthodontist. Dr. Kaufman replied that there is a board-qualified orthodontist on staff, pointing out ghat in order to become board-certified, an orthodontist must have many years in practice. He explained that the two members of his staff practicing orthodontics are orthodontically trained and board-qualified although not certified. In further answer to Councilman Thom, Dr. Kaufman stated that there are two oral surgeons on his staff, one of whom is board-certified and the other is board-qualified. Councilman Thom stated that the reason he is inquiring about the orthodontic care is that this most likely is one o~ the'major dental expenses which employees with young children are likely to face, and that they, of course, would be concerned about the quality of the care under the proposed pre-paid dental program. Dr. Kaufman commented that he is as concerned as Councilman Thom regarding the quality of orthodontic care, as well as all other dental care offered, since the success or failure of the Program would be contingent upon the standards of care provided. Councilman Stephenson asked if employees would vote by sectors or divisions to join one or the other of these Plans. Mr. McRae replied that the two Plans will be available to all of those employees covered by agreements and all of those unrepresented employees who are not in a labor relations unit. Each employee, individually, will have two options, and the opportunity to elect which Plan he wishes to join and to re- elect annually in January if he should wish to change his membership. This necessitates that the City enter two different agreements to provide the coverages which each employee requests. Mr. McRae added that inasmuch as the Anaheim Police Association has not yet signed the Memorandum of Understanding, their coverage is deferred until such time as an agreement is reached. Councilman Pebley asked what the situation would be if an employee does not wish any dental insurance. Mr. McRae advised since there is no cost to the employee, it is assumed that all employees will select one Plan or the other and will derive the benefits thereof, even if visiting the dentist for cleaning only once a year. Councilman Dutton noted that the Anaheim Police Association still has the option of not accepting the dental insurance, which statement Mr. McRae corroborated. Councilman Thom inquired whether anything other than an arithmetical or statistical evaluation was applied to the closed panel (pre-paid) Plans submitted, or if an opinion of these was solicited from any organization, such as the Orange County Dental Society, specificially whether these had been sub- mitted to such & c~m,,ittee for written report. Mr. Tom Tyre replied thIt he did speak with the Chairman of the Dental Care C~ittee o~ the Orange County Dental gociety, ag well ag with two other private dentists, regarding the pre-paid Plans and obtained an opinion on them although these Plans were not actually submitted. He stated that he did submit the Indemnity Plans for evaluation and discussion. Councilman Thom stated that he was concerned about the full-coverage Plan and stated that he would like a professional evaluation of it in comparison to the otherm which were bid. He remarked that as a layman, it is dif£ieult him to evaluate anything other than numbers and stressed that he felt that an ~valuation should be sought from a professional body, such as the Orange County Dental Society because only a professional committee can give an opinion on the quality of the work received for the money paid. 73-983 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. Further, Councilman Thom remarked that he has received adverse com- ments from some professional members of the Anaheim c~mnity in dentistry~ regarding the method of selection of the Plans, who suggested that the pro- cedure should have been to solicit an evaluation of the proposed Plans from the Committee on Dental Care of the Orange County Dental Society, which offers this service. With such an evaluation, the City would know exactly what it is they are purchasing. Mr. McRae advised that their approach to the pre-paid Plan was largely affected by the fact that the Anaheim Fire Association had determined that they would be most interested in Dr. Kaufman's Plan and were concerned about being able to continue with it, as their users had expressed great satisfaction. In addition, Mr. McRae referred to the fact that he personally had received assurance from a business representative of a union group (Teamsters) which has several thousand families insured under an arrangement with Dr. Kaufman, that the treatment and quality of care received was above reproach. He noted that Mr. Tyre had discussed the closed panel Plan, as well, with the Chairman of the Orange County Dental Society, and although the magnitude of the Plan, i.e., the amount of benefits vs. the costs, were not presented, the professional reputation and the facilities provided were dis- cussed. Mr. Tyre stated that the Chairman of the Committee did have very favorable c~ents about the particular clinic selected, whereas he did not about some of the other bidders, and this served to re-enforce their decision. Councilman Thom felt that each specific plan should have been sub- mitted to a professional c~mL~ittee for review. Mr. McRae stated that he felt what Councilman Thom is requesting has already been accomplished in that the various bidders were discussed with the Chairman of this Committee in terms of their professional performance and that the Personnel Department felt capable of making the dollars and cents judgments of these Programs, i. e., evaluating the basic cost of the plan vs. the surcharges, vs. the included services, exceptions and exemptions. The Indemnity Plan was more complicated since it dealt with fee schedules and therefore these were submitted for professional review as to the best buy for the amounts proposed. RESOLUTION NO. 73R-577: Councilman Sneegas offered Resolution No. 73R-577 for adoption, approving the terms and conditions of an agreement with James H. Kaufman, D. D. S., to provide pre-paid dental coverage, effective 3anuary 1, 1974. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT FOR A FULL COVERAGE, PRE-PAID DENTAL CARE PlAN BETWEEN THE CITY OF ANAHEIM AND JAMES H. KAUFMAN, D. D. S., INCORPORATED. Roll Call Vote: AYES: COUNCII2REN: NOES: COUNCILMEN: ABSTAINED: COUNCILMEN: ABSENT: COUNCILMEN: Sneegas, Pebley, Thom and Dutton None Stephenson None The Mayor declared Resolution No. 73R-577 duly passed and adopted. RESOLUTION NO. 73R-578: Councilman Sneegas offered Resolution No. 73R-578 for adoption, approving the terms and conditions of an agreement with California Dental Service to provide an Indemnity Plan for dental coverage, effective January 1, 1974. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAg~IM APPROVING AN AGREEMENT FOR AN INDEMNITY PLAN BETWEEN THE CITY OF ANAHEIM AND CALIFORNIA DENTAL SERVICE. 73- 84 Zity Hall, Anaheim~ California - COUNCIL MINUTES - November 27, 1973, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSTAINED: COUNCILMEN: S tephenson ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-578 duly passed and adopted. REPORT - ANA~IM POLICE ASSOCIATION SAI~RY MEDIATION: Councilman Duttom requested clarification from Mr. McRae regarding a rumor which had reached him that mediation between the City and the Anaheim Police Association over salary negotiations had been discontinued, to which Mr. McRae replied that according to the mediator, he is still actively engaged in attempting to resolve the problem. In answer to Councilman Stephenson, Mr. McRae stated that the option does remain open to the Anaheim Police Association to decline the dental plan, and to receive the equivalent of the City's cost for such a Plan in salary ($10.00). He noted this was indicated and discussed early in the salary negotia- tions and it was the opinion of the negotiating con~nittee, before the final offer was made, that it would be beneficial for them to accept the dental plan, however, since the offer has been rejected, this is still open to discussion. Councilman Pebley asked Mr. McRae if he had investigated and could report on comparative salaries for patrolmen in the other large cities of Orange County, noting that he has read newspaper accounts of great disparities. Mr. McRae explained that the total cost to the City of Anaheim for each patrolman, i. e., salary, plus his fringe benefits package, which amounts to $1,444.91 currently per month and would become $1,551.18 with the 6 3/4 percent increase offered, was compared with all other police departments in the County paying a basic monthly salary which is equal to or higher than the City of Anaheim for a patrolman after three years. This comparison disclosed the following figures: CITY TOTAL MONTHLY COST AFTER THREE YEARS Brea Santa Aha Newport Beach County of Orange - Sheriff Dept. (Deputy II) $1,157.00 (not to be reviewed until October 1974) 1,381.15 (scheduled to receive 3% increase in April 1974) 1,417.51 (effective until July 1, 1974) 1,423.00 Councilman Dutton noted that comparing the total costs of each city for a patrolman, it would appear that Anaheim is number one in Orange County, contrary to the information which has been promulgated. He asked how the City of Anaheim patrolmems' salaries stand in relationship to the entire State. Mr. McRae replied that he was not able to find a composite on salary information as regards present salaries of police officers in California, however, according to last year's plan, the City of Anaheim was number 76 and the current adjustment offered would bring Anaheim up to the 15th or 30th position. However, 'he advised that this comparison was made on the basis of salary only, disregarding any fringe benefit changes. In answer to Councilman Sneegas, Mr. McRae advised that Santa Aha will adopt C. H. P. Retirement July 1, 1974, and this will, assuming their percentage is similar to the City of Anaheim's 23 percent, bring their cost per patrolman up to exceed the City of Anaheim on that date. In addition, Mr. McRae advised that the cities of Costa Mesa, Fullerton and Orange were not compared because their basic salary rates were below the City of Anaheim. 73-985 City Hail, Anaheim, California - COUNCIL MINUTES - November 27~ 1973, 1:30 P.M. Councilman Dutton noted that another item of contention between the City ahd the Anaheim Police Association is the matter of the 42~-hour work week whereas they state they are only paid for 40 hours since they have to be on the job one-half hour prior to the beginning of their shift. Councilman Stephenson explained that the day shift works from 6:30 a.m. until 3:00 p.mo, with one-half hour for lunch, which amounts to an 8-hour work day. Mr. Murdoch remarked that the 42~ hours referred to above includes the lunch period when they are not on duty. Councilman Sneegas asked if the City reached its current level of benefits provided for policemen on its own initiative, and was this agreed to by the employee representatives. Mr. McRae stated that the benefit package has been clearly negotiated since 1966 and discussed in detail with the employee organizations since 1961- 62. The current benefit package reflects a bilateral approach to the affixing of these benefits. CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City Attorney and ordered referred to the insurance carrier, on motion by Councilman Pebley, seconded by Councilman Dutton: ao Claim submitted by The Kettle Restaurant for damage to property, purportedly resulting from faulty transformer on or about August 27, 1973, and October 19, 1973. b. Claim submitted by Cathleen DuCoing for personal property damage, purportedly by City vehicle sustained while parked in city parking lot on or about October 5, 1973. c. Claim submitted by Donald J. Lord for personal property damage, purportedly as a result of power connections on or about October 7, 1973, and October 19, 1973. d. Claim submitted by Michael P. Chaffee for personal property damage, purportedly resulting from power surge and failure on or about October 23, 1973. e. Claim submitted by Inventive Manufacturing and Marketing Corpora- tion for personal..property loss, purportedly resulting from power failure on or about November 4, 1973o f. Claim submitted by Frank Rodriquenz for personal injuries, purportedly resulting from condition of cement at the 17th tee at Anaheim Municipal Golf Course on or about November 6, 1973. g. Claim submitted by Leroy B. Schultz for personal property damage, purportedly resulting from electrical power surge on or about October 23, 1973. h. Claim submitted by Samuel Flores for damage to vehicle, purportedly as m result of a deep hole in the street at the northwest corner of Harbor and Cypress on or about November 6, 1973. i. Claim submitted by Robert C. Freund for personal property damage, purpotedly resulting from collision with police vehicle on or about November 11, 1973. MOTION CARRIED. REVISION OF COUNCIL POLICY MANUAL: The City Clerk advised that the Council Policy Manual is currently out of print and presented re¢o~nended revisions to said Manual which were printed adjacent to current policies, for CounGil consideration. Mr. Murdoch re£erred to Council Policy No. 508 pertaining to zoning on the City's periphery, and stated that he would not recon~nend that said policy be repealed for the reason stated as LAFCO is specifically prohibited by law from considering zoning matters. It would, therefore, in hisopinion~ be better to leave the Council Policy No. 508 in effect. Regarding Council Policy No. 516 pertaini~ to substandard R-3 lots~ wording changes were proposed replacing the term."architectural control board" to Development Services Department and making reference to all multiple family zoned lots, rather than just R-3 lots. Mr. Murdoch suggested that the wording Development Services Department be replaced by "Interdepartmental Corm~ittee". 73-986 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. The City Clerk reported that additional revisions will be brought up for City Council consideration in the future, but that these recommendations will allow the Policy M~nual to go back into print. On motion by Councilman Sneegas, seconded by Councilman Dutton, the revisions to the Council Policy Manual, with the amendments suggested by Mr. Murdoch, were approved as recommended by the City Clerk. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Pebley, seconded by Councilman Dutton: a. Orange Unified School District - Notice - Sale of surplus property. b. Before the Public Utilities Commission - Investigation on the Commission's own motion into the adequacy and reliability of the energy and fuel~ requirements and supply of the electric public utilities in the State of California. c. State Water Resources Control Board - Notice of Public Hearing - Water Quality Control Policy for the bays and estuaries of California. d. City of Seal Beach - Resolution No. 2266 - Opposing the split of the present Orange County Telephone Directory into two separate directories. e. City of Villa Park - Resolution No. 73-317 - Supporting more stringent enforcement of motor vehicle noise laws. f. City of Buena Park - Resolution No. 5114 - Opposing the applica- tion of the Pacific Telephone and Telegraph Company for authority to split the present Orange County Telephone Directory into two separate directories, to be known as the Orange Coast Telephone Directory and the Orange County Directory. g. Financial and Operating Report for the Month of October, 1973 for City Treasurer. MOTION CARRIED. CORRESPONDENCE - CITY OF NEWPORT BEACH - RESOLUTION NO. 8132 (REQUESTING THE DIRECTORS AND OFFICERS OF THE LEAGUE OF CALIFORNIA CITIES TO REFRAIN FROM TAKING A POSITION ON BALLOT MEASURES OF STATEWIDE INTEREST PRIOR TO A VOTE OF ALL MEMBER CITIES}: The City Council, by general consent, authorized the City Manager to draft a resolution similar to that adopted by the City of Newport Beach (Resolution No. 8132) to be submitted for City Council consideration. WORK SESSION - DECEMBER 18~ 1973, 10:00 A.M.: Mr. Murdoch requested a Council work session for the purpose of reviewing the Park and Recreation Commission recom- mendations concer~ing land acquisition, as well as the Transit Corridor to study findings as presented by the Orange County Transit District. By general Council consent, it was determined to conduct the requested work session at an adjourned regular meeting on Tuesday, December 18, 1973, 10:00a.m. RECESS: Councilman Dutton moved for a 10-minute recess. Councilman Pebley seconded the motion. MOTION CARRIED. (5:00 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (5:10 P.M.) REPORT - MUNICIPAL ELECTION; APRIL 9~ 1974: The City Clerk, Dene Daoust, reported that at the December 18, 1973 Council meeting, she proposes to present two resolutions for Council adoption, calling the General Municipal Election on April 9, 1974 and ordering the proposed Charter Amendment Election to be held at the April 9th Election. Mrs. Daoust noted that the services usually performed by the Orange County Registrar~ which include preparation of the four indices of the Grand Registe% addressing with polling place noted, and stuffing of the'envelopes with sample ballots, candidate qualification pamphlets and charter arguments~ are expected to be increased in cost over those of the last election. They are pro7 jected to be approximately $6,OO0.OO for 80,000 registered voters. In compari- son to this~ she reported that Product's of Information Systems, a computer com- pany which specializes in these services~ can perform this function at a cost o£ $5,696.00. This will result not only in an initial savings of-$298.00, but will provide the City of Anaheim the opportunity of fur~ishing the candidates with copies of the index for a charge of $40.00 for each set. For these reasons, she recommended that the City contract with Products Information Systems~ Inc. for these services. Regarding the type of ballot proposed for the 1974 General Municipal Elec- tion, the City Clerk reported that the cost for a card ballot has just recently come into the range of being acceptable and to where she could recommend it. In support · of the use of this more sophisticated card ballot system, Mrs. Daoust advised Council that it is increasingly difficult to secure election officers when they are re- quired to tally paper ballots. In addition, she advised that the City of Amaheim's Mnnicipal Election ballot is becoming larger ~and larger, the 1972 ballot being the largest of any city in Orange County. 73-987 ~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - November 27? 1973~ 1:30 P.M. Mrs. Daoust recommended that the City utilize the Accu-vote system, which involves rental of ballot punches for each precinct and counting mach- ines to tabulate the votes cast. The machine which the City is currently scheduled to receive, pending Council approval, counts 400 ballots per minute, however there is a possibility that the company's mini computer will be avail- able for use by the City of Anaheim at no extra cost, which computer will count in excess of 1,000 per minute. Based on an estimated 85 consolidated pre- cincts, election services~ supplies and equipment will amount to an estimated $16,000. This is $5,000 more than the appurtenances involved in the paper ballot method, however, the convenience to the voter and the election offi- cers, plus the time saved in tabulation of the results, in her opinion, justifies this additional expenditure. She advised that the Accu-vote system was also evaluated by Mr. Larry Runion, Manager of the City Data Processing Operation and his opinion was that they could not program the City computers for tabulation of the ballots and perform this function as reasonably as was quoted by the Martin and Chapman Company for the Accu-vote system. Further, Mrs. Daoust advised that the election budget will be over- expended whether the former paper ballot system or the card ballot is used, and the necessity for transfer from the Council Contingency Fund of $6,000 to $8,500 is anticipated. This is due in part to the increased activity in annexations and the increased State fees for annexations, as well as the additional costs connected with the proposed Charter Amendment. As a result of the last reapportionment legislation, the boundaries of the City precincts will be revised by the County and there is no way of knowing at this time if this will increase or decrease the total number of precincts. In conclusion, Mrs. Daoust further recommended that the Council con- sider naming her successor by December 18, 1973 with effective date of January 4, 1974, so that the election supplies may be printed carrying the name of the new City Clerk. Councilman Thom stated he would certainly not question any of the recommendations made, but stated he would like to see what a card ballot looks like in comparison to a paper ballot. Mrs. Daoust produced a sample card ballot and a picture of the ballot punch which was reviewed by all Councilmen, and explained the proce- dure used by the election officer at the polls. Councilman Thom asked if the same information which would normally appear on a paper ballot would also appear on this card, to which Mrs. Daoust answered affirmatively. Councilman Thom asked if any difficulties have occurred with the use of this system, and specifically was the print too sm~ll for voters to read. Mrs. Daoust replied that of all of the various voting machfne methods she has reviewed, this particular one has proven most successful. Mr. Murdoch pointed out that Mrs. Daoust also investigated the security of the ballot and noted that this system offers an extremely secure procedure, which is also undoubtedly much more accurate. In answer to Councilman Pebley, the City Clerk advised that each precinct will be supplied with four of the punches, three for the voting booths, and one as a demonstrator. Mr. William D. Ehrle, requested permission to inspect the ballot and on review of this, inquired whether the use of such a card ballot would necessitate that the Charter Amendment be placed on a second card. The City Clerk advised that there should be ~mple room on both sides of one card for all of the Councilmanic candidates as well as' the Charter Amendment and other measures. She advised it would be highly unlikely that the second card would be required. 73- ~88 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. On motion by Councilman Pebley, seconded by Councilman Stephenson, the City Council authorized the Preparation of the resolutions calling the General Municipal Election and the election on the Charter Amendment, April 9, 1974 and finalization of the election arrangements as outlined and recommended by the City Clerk. MOTION CARRIED. ORDINANCE NO. 3233: Councilman Sneegas offered Ordinance No. 3233 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-37 (8) - M-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3233 duly passed and adopted. ORDINANCE NO. 3234: Councilman Dutton offered Ordinance No. 3234 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61 (58) - C-R) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3234 duly passed and adopted. ORDINANCE NO. 3224: Councilman Stephenson offered Ordinance No. 3224 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 2, CHAPTER 2.04, SECTIONS 2.04.040 AND 2.04.050 AND ADOPTING NEW SECTIONS 2.04.040, 2.04.045 AND 2.04.050 RELATING TO SALES AND USE TAXES. (Sales tax, application of provision relating to exclusions and exemptions and use tax) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCIIREN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3224 duly passed and adopted. ORDINANCE NO. 3236: Councilman Sneegas offered Ordinance No. 3236 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 PERTAINING TO PARKING. (No parking any time - Romneya Drive; north side from Dresden Place to Euclid, south side from Arbor Street to Euclid) ORDINANCE NO. 3237: Councilman Dutton offered Ordinance No. 3237 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-36 - R-3) 73-989 City Hall; Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. ORDINANCE NO. 3238: Councilman Sneegas offered Ordinance No. 3238 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-23 - C-I) RESOLUTION NO. 73R-579 - DISABILITY RETIREMENT - LOCAL SAFETY MEMBER EMPLOYEES: Councilman Stephenson offered Resolution No. 73R-579 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO MAKE APPLICATIONS FOR DISABILITY RETIREMENT OF LOCAL SAFETY MEMBER EMPLOYEES AND TO INITIATE REQUESTS FOR REINSTATE- MENT OF EMPLOYEES RETIRED FOR DISABILITY AND TO DELEGATE SUCH AUTH- ORIZATION. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-579 duly passed and adopted. ENVIRONMENTAL PROTECTION AGENCY - PROPOSED PARKING SURCHARGE: Mr. Larry Sierk, Executive Vice President of the Anaheim Chamber of Cor~nerce, submitted a notice soliciting support of the position taken by the Chamber in opposition to the parking facility surcharges as established by the Environmental Pro- tection Agency on November 12, 1973. Also included with the letter requesting support was an information sheet prepared by Mr. R. $. McMillan, Chairman of the Environmental Affairs Committee and a copy of the resolution declaring the opposition of the Anaheim Chamber of Commerce to the E.P.A. surcharges and further recommending that the United State Congress review and revise the Air Quality Control Act of 1970 which established the Environmental Pro- tection Agency. Mr. Sierk advised that the E.P.A. having received severe objections to their plans to cut back the number of available parking spaces by 20%, developed the surcharge program in an effort to encourage usage and develop- ment of mass transit systems, thereby reducing automobile pollutants. It is the opinion of the Anaheim Chamber of Commerce, Mr. Sierk stated, that the proposed parking surcharge is a piece of irresponsible legislation which will have a profound deleterious impact not only on thebusiness community, but on in- dividuals as well. He reported that it is estimated these surcharges will cost the average citizen 10% of his disposable income. He stated that the E.P.A. must be urged to make a complete analysis of the economic impact of their action before any such environmental control is enacted. Mr. Sierk reported that the Chamber of Commerce has taken action on this issue by informing their membership of the potential impact of this legislation and has forwarded the letter and information as submitted to the Council to many sectors of the population, encouraging them also to make their feelings known on this matter. In addition, Mr. Sierk stated that although the public hearing on the surcharges is over, the records will remain open to receive written testi- mony until December 12, 1973 and he urged that the City Council respond and declare their position at this time. He noted that the first year of this program is estimated to drain one hundred million dollars out of the economy of the City of Anaheim, the majority of which will be paid by the average worker, since he will be required to absorb the parking surcharge not only at work, but also at the shopping centers in the form of increased cost of mer- chandise, etc. Mr. Murdoch pointed out that in connection with the transportation control plans as promulgated by the E.P.A., the City Council should also con- sider the potential effects and impact of the complex sources regulations pro- posed by this same agency and scheduled for public hearing on December 7, 1973 73- .90 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973~ 1:30 P.M. in San Francisco. He advised that a copy of the analysis and opinion regarding the complex sources regulations, prepared by Mr. Don McDaniel, Planning Super- visor, has been submitted to Council and that if Council concurs, some indica- tion of that position should be prepared and forwarded to the Environmental Protection Agency as soon as possible. Acting City Attorney Alan Watts explained that there are two separate and distinct sets of regulations pending before the E.P.A. at the present time, one dealing with transportation control plans, which Mr. Sierk has addressed, and the other dealing with complex sources regulations which would govern indus- trial complexes, shopping centers, sports stadiums, large master-planned com- munities, etc. As regards the parking surcharges proposed under the transportation control plan, Mr. Watts advised that it is anticipated these would have a pervasive effect and would apply to all segments of the population, the only possible exception being parking in the driveway of one's own home. Mr. Watts reported that he has been in contact with representatives of the League of California Cities regarding this issue and has been informed that the Cities of San Francisco and San Jose intend to file legal action against the E.P.A. and offered to explore the possibility of the City of Anaheim entering joint litigmtion, if this is Council's desire. Mr. Don McDaniel further reported that the cost to the City government of Anaheim for parking surcharges in 1974 under the regulations established as of November 12, 1973, is estimated to be $26,157,000 including the on-street parking spaces. In 1976, this cost would amount to $65,000,000. Mr. R. J. McMillan, Chairman of the Environmental Affairs Committee of the Anaheim Chamber of Commerce, advised that he had personally been in touch with the E.P.A. and had asked if any exceptions to these surcharges would be allowed. He was advised that the only exceptions would be areas designated for mass transit loading and unloading, disabled veterans and handicapped per- sonnel. The surcharges would affect educational institutions, hospitals, churches and all aspects of business and industry. Mr. McMillan outlined that the surcharges are proposed to be applied in three areas: 1.) Free parking including on-street parking %rithout meters, facilities including vacant lots which provide free parking spaces, shopping centers, employee lots; 2.) Commercial lots - any facility which charges a fee for parking; 3.) This category includes those employers who employ 100 or more people and provides 70 or more parking spaces. The regulations propose that the average employee would pay between $2.50 and $5.00 per day for his parking space, which, assuming that he works 250 days in a given year, would cost him $625.00 in 1974 and $1,100.00 to $1,200.00 in 1976, to use the company park- ing lot if other people are not riding to work with him. If two people utilize a car for transportation, the surcharge would be reduced and if three people or more use one car, then the surcharge is reduced to zero. HOwever, the three or more people provision does not apply to commercial parking lots or to free parking. Any business which provides five or more spaces for patrons will pay the E.P.A. at the rate of $180.00 to $450.00 per space per year. In conclusion, Mr. McMillan stated that the E.P.A. was given a charter to do a job without restrictions and they have taken this action on November 12, 1973. The only governmental body which can limit the powers of the Environmental Protection Agency is that which created and established its respomslbilities, the United States Congress, by either amending the Clear Air Act of 1970 or by placing restrictions on how the E.P.A. may attain their objectives. Mr. Murdoch pointed out that in addition to the actions indicated at this meeting regarding this issue, the Four-City Combined-Man in Washington is working on it; the City staff has been actively participating with the League of California Cities and attempting to coordinate a joint statement with the County of Orange, so that every individual and combination action available is being utilized. Councilman Pebley moved that the City Council authorize letters be prepared presenting the City's position to the Environmental Protection Agency 73-991 City Hall; Anaheim~ California - COUNCIL MINUTES - November 27? 1973~ 1:30 P.M. regarding the proposed transportation control plans and complex sources re- gulations; that a resolution be prepared for adoption by the City Council indicating said position relative to the transportation control plans; and the City be represented at the December 7, 1973 E.P.A. hearing in San Francisco regarding complex sources regulations. Councilman Stephenson seconded the motion. MOTION CARRIED. DINNER DANCING PLACE PERMIT: Application filed by Betty L. Scott for dinner dancing place permit to allow dancing either Monday through Saturday or Tuesday through Sunday at the hours of either 8:30 p.m. to 1:00 a.m. or 9:00 p.m. to 1:30 a.m., at B/J's, 3291Miraloma Avenue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code, as rec®m- mended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Dutton. MOTION CARRIED. PERMISSION TO LEAVE THE STATE - COUNCILMEN STEPHENSON; SNEEGAS AND PEBLEY: On motion by Councilman Dutton, seconded by Councilman Thom, Councilmen Stephenson, Sneegas and Pebley were granted permission to leave the State for 90 days, beginning November 29, 1973. MOTION CARRIED. PRESENTATION BY JOHN SEYMOUR REGARDING TAPES RECORDED AT AN OCTOBER 25, 1973 COALI- TION HOMEOWNER'S MEETING: Councilman Thom introduced Mr. John Seymour who read a prepared statement (complete copy of said statement on file in the office of the City Clerk, dated November 27, 1973) which related that he (Mr. Seymour) in his capacity as an Anaheim City Planning Commissioner was invited to par- ticipate in a panel discussion at a meeting of representatives of numerous homeowner's associations from the City of Anaheim on October 25, 1973. He attended this meeting and expressed his views as an Anaheim Planning Commis- sioner. Following this meeting, on October 29, 1973, Mr. Seymour stated he was confronted by Mayor Dutton and requested to meet in the Mayor's office at City Hall, at which Mr. Dutton played a series of tapes which Mr. Seymour contended were caused to be secretly recorded at the homeowner's meeting by Mayor Dutton. At this time, according to Mr. Seymour, the Mayor charged that the remarks made by him (Mr. Seymour) at said meeting constituted a personal affront to him and that he was working against the best interests of the people of Anaheim. Mr. Seymour advised that he categorically denied these charges. Mr. Seymour further contended that subsequent to this meeting, the Mayor has verbally maligned and slandered him. He related the contents of correspondence between himself and Councilman Dutton dated November 1, and November 7, 1973, in which Mr. Seymour requested a certified copy of these tapes and that Councilman Dutton play same in a public hearing to clear his name. Mr. Seymour further charged that Mayor Dutton attempted to coerce and intimidate him as an Anaheim Planning Commissioner 'and to involve the Anaheim Chamber of Commerce, of which he, Mr. Seymour, is President. Mr. Seymour related that his efforts as President of the Anaheim Chamber of Commerce and President of Anaheim Beautiful are directed towards the Civic objectives of those organizations as well as to build bonds of mutual respect and high regard between city government and the citizenry. He advised that in his four years as a Planning Commissioner, he has supported only development of a nature which would uphold the City's standards, and re- sult in lower density and a better environment. Mr. Seymour contended that the Mayor has charged him with using him offices and involvement as political tools towards his potential candidacy for City Council in 1974. Mr. Seymour stated that if he decides to become a candidate for City Council, his decision will be clearly and visibly announced. He further stated that until such time as the membership of the Chamber of Commerce and Anaheim Beautiful cease to support him as their President, he will continue to extend his efforts to further their worthwhile and non-political, objectives. In conclusion, Mr. Seymour again requested an unaltered copy of the tapes in question and that these be played in the Council Chambers at an open and public City Council meeting for the purpose of clearing his name. 73~ 92 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 27~ 1973.~ 1:30 P.M. Councilman Dutton responded to Mr. Seymour's charges with the state- ment that the tapes referred to by him were openly recorded and are avmilable to anyone who wishes to hear them. As regards the remarks which he made to Mr. Seymour directly,'he stated he would like Mr. Sesnnour to make public those cormments which were nothing more than that he (Mr. Seymour) is a very smooth and articulate young man and that he handled the crowd at the meeting very smoothly and that the meeting was a coalition of homeowner's groups interested in a potential candidate for City Council in 1974. Councilman Dutton vehemently denied the allegations made by Mr. Seymour that he had attempted to malign or slander his good name. Councilman Thom remarked that he could corroborate to a great extent some of the allegations made by Mr. Seymour from the reverberations which have reached him, and thereupon moved that Mr. Seymour receive an unaltered copy of the tapes recorded at the October 25, 1973 homeowner's meeting at the Vista Del Rio School, and that said tapes be played at an open Council meeting as Mr. Seymour requests. Councilman Sneegas left the meeting. (6:01 P.M.) The aforegoing motion died for lack of a second. Councilman Pebley stated that he felt that this was a personal matter of disagreement between Mr. Seymour and Councilman Dutton as individuals, which does not properly come under the jurisdiction of the City Council. Further he remarked that the Council, as abody should not become involved in such altercations. Councilman Stephenson stated his concurrance that this is strictly a personal issue. Councilman Thom contended that Mayor Dutton was misusing his politi- cal office and therefore the issue is germane. ADJOURNMENT: Councilman Stephenson moved to adjourn the meeting, and to authorize the City Clerk, in the event that there is no quorum at the December 11, 1973 meeting, to adjourn said meeting to 10:00 a.m., December 18, 1973. Councilman Pebley seconded the motion. MOTION CARRIED. Adjourned: 6:05 P.M. Signed Deputy City Clerk C%ty Hall, Anaheim, California - COUNCIL MINUTES - December 4, 1973, 1:30 P.M. PRESENT: ABSENT: PRESENT: COUNCILMEN: None COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton DEPUTY CITY CLERK: Alona M. Farrens ADMINISTRATIVE ASSISTANT: John Harding The regular meeting of the City Council of the City of Anaheim was called to order by the Deputy City Clerk and adjourned for lack of a quorum to the next regular meeting, December 11, 1973, 1:30 P.M. Adjourned: l:35 P.M. Deputy City Clerk City Hall; Anaheim~ California - COUNCIL MINUTES - December 11~ 1973; 1:30 P.M. PRESENT: COUNCILMEN: None ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton PRESENT: CITY CLERK: Dene M. Daoust The regular meeting of the City Council of the City of Anaheim was called to order by the City Clerk and adjourned for lack of a quorum to Tuesday, December 18, 1973, 10:00 a.m., pursuant to Council action of November 27, 1973. .AdjUre d :_ 1:35 ~M. Signed ,~;~.~.,~. Z~k-/~ City Clerk