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1973/12/1873-993 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 10:00 AoM. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ACTING CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust DIRECTOR OF PARKS AND RECREATION: John J. Collier PARK SUPERINTENDENT: Dick Kamphefner ADMINISTRADE AIDE: Ron Rothschild Mayor Dutton called the meeting to order. Mr. Murdoch reported that although this Adjourned Regular Meeting was scheduled for the purpose of discussing transporation corridors as well as park land acquisition, due to some misunderstanding, Mr. Fielding, the Orange County Transit District representative, was unable to attend this morning. Mr. Fielding suggested instead that his presentation be given at an Adjourned Regular Meeting, Wednesday, December 26, 1973, at 11:00 a.m., with which Council in- dicated no objection. REPORT - PARKS AND RECREATIO~ COMMISSION RECOMMENDATIONS ON ADDITIONAL PARK ACRE- AGE: Mr. John Collier, with the aid of a map which outlined the six park service areas of concern, discribed the recommendations made by the Parks and Recrea- tion Commission relative to additional park sites. He advised that these recommendations are in keeping with the recommendations of the 1968 Citizens' Committee and are based upon project population densities and that atbempts have been made to up-date these recommendation as well as to take into con- sideration the hill and canyon areas. Mr. Collier stated that the standard for park services since 1959 has' been one and one-half acres per thousand population for neighborhood and community parks. The map utilized by Mr. Collier illustrated the areas of service, attempting to provide park facilities within one-half mile in most instances. Area No. 1: The area designated as No. 1 (roughly described as that property bordered by the Riverside Freeway on the north, Santa Aha Freeway to the southwest and Euclid Street to the east) is serviced by the John Marshall Park, which is a four acre park site adjacent to the elementary school. The present park facility is grossly inadequate for the area served which has a population density of 12,000. Mr. Collier described the negotiations with the Latter Day Saints organiza- tion regarding the proposed junior collage facility which had been planned for this area and the additional park facilities which were to be developed in conjunction with it. However, the Latter Day Saints organization has not proceeded with the junior college project and in- stead is planning to sell the property in question for multiple family residential development. Mr. Collier reported that the imminent devel- opment of this property will give the City an opportunity to acquire the additional nine and one-half acres recommended for park facilities in Service Area No. 1. Preliminary negotiations with the proposed ' developer of the property indicate their willingness to fulfill the park obligatio~ by selling six acres to the City at the value of the property at the time the L.D.S. organization, purchased the site (approximately $30,000 per acre). There are an additional threeand o~e-half acres located so that they could be utilized together with these six acres, which would be sold to the City at the same cost at which the property was purchased from the L.D.S. organization (approx- imately $65,000 per acre). Councilman Dutton pointed out that all of these megotiations are contingent upon the outcome of the developer's project which has not yet been reviewed by the City Planning Commission, with which Mr. Collier agreed. 73-994 City Hall; Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 10:00 A.M. Area No. 2: The area designated No. 2 is bounded by Ball Road to the south, the Southern Pacific Railroad right-of-way and Santa Aha Street to the north. Mr. Collier described the area as being high in population density with many apartment units and a population factor of 5,000. He advised that the State of California has declared three and one-half acres located at the northwest corner of Harbor and Ball Road surplus property. This acreage would provide a neighborhood facil- ity, not large enough to meet the City standards, however it would serve the needs of many youngsters in the immediate vicinity. Mr. Murdoch pointed out that the smaller size of the parcel in this instance would necessitate a different approach in Park's design than formerly used. He noted that this site is the best alternative in the area, and is in fact the only vacant area available. Area No. 3: Area No. 3 is located at northeast Harbor and Ball Road, where a population base of 9,000 is currently serviced by the Little People's Park, without any other community or neighborhood facil- ity. There is no particular site selected for Area No. 3 at this time, however the need for a park facility is recognized. Area No. 4: This sector of the City, containing 11,500 popu- lation, is cur~rently served by Edis6n Park, a seven and one-half acre site. Edison Park is located immediately adjacent to a 40 acre high school site and the Parks and Recreation Master Plan calls for utilization of some of the school property along with Edison Park. The school district has since declared the property adjacent to Edison Park surplus. The Parks and Recreation Commission has recommended that in order to more adequately serve this area that the City acquire an addi- tional nine and one-half acres, extending the park to La Palma Avenue, thereby increasing its accessability and use. The school district is amenable to this program and has indicated that the City might be able to arrange purchase over two to three years, with a five year maximum limitation. Councilman Thom inquired whether any acquisition costs fig- ures where investigated in connection with this recommendation, to which Mr. Collier replied that the cost of the land would depend on what ever development takes place on the surrounding property. He estimated that the property recommended for expansion of Edison Park could cost $35,000 to $45,000 per acre. Mr. Murdoch pointed out that due to the fact that there is some multiple family residential development near the subject property it is possible that a higher'value could be placed on this property. Area No. 5: This area, with a population of 9,000 is proposed to be served by the 9.5 acre Riverdale Park, for which Council has already made a commitment. Mr. Collier reported that matching Orange County Federal Revenue Sharing funds have been approved for acquisition of this park site. Mr. Murdoch advised that condemnation proceedings are underway in connection with the Riverdale Park site, and it is therefore difficult at this point to estimate what the cost of the land will be, since this will be contingent upon'the potential uses of the property in question as determined by the court. If it is designated at the single family residential property value, the approximate cost would be $30,000 per acre. Area No. 6: Park facilities for Area No. 6, with a population factor of 7,500 are proposed to be developed at the ten acre site located at Santa Aha Canyon Road and Fairmont Boulevard. There are 20 acres at this site available for development of a park and library and these con- stitute a portion of the land acquired for in-lieu fees from the Grant Company. Mr. Collier noted that due to the topography of the site it is contemplated that this will be primarily a natural area. He advised that the Parks and Recreation Commission philosophy towards parks in the 73-995 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 10:00 A.M. canyon area will be to leave these as natural as possible and depend upon school property for baseball diamonds and similar facilities which woul. d require leveling or other modifications to the terrain. These canyon area parks would then be used to serve the entire City as natural open space areas, while the more traditional community park services would be provided either at the school property or at comanunity parks which are reasonably accessable. Councilman Thom inquired as to the proximity of the park property recommended for Area No. 6 in relationship with the Featherly Regional Park. Mr. Collier answered that the distance is two and one-half miles. He pointed out that on the north side of the river, the possibility of using a portion of Yorba Park as community facility is being investigated. In addition he mentioned the 60 acre Shorb Wells property, owned by the City, which will undoubtedly play an important role in the negotiations with the County regarding use of Yorba Park, during which it is anticipated that there may be some pressure placed upon the City to incorporate same into joint recreational use with the County. Mr. Murdoch asked if it is proposed that the Santa Aha Canyon Road/ Fairmont Boulevard site will serve the Mohler Drive area and Mr. Collier replied that this would definately ~e a possibility, because of its location which is only one mile from the Mohler Drive area. In further reply to Mr. Murdoch, Mr. Collier stated that with the possible exception of some further development to the extreme eastern part of the City, the recommendation presented should complete the neighborhood and community parks program throughout the City. Mr. Murdoch submitted a letter received from Mr. Robert F. Larsen, Supervisor, Construction and New Contracts, Orange Unified School District, regarding 10.93 acres of surplus property for sale on the southerly side of Santa Aha Canyon Road, lying between Serro Vista Drive and Peralta Hills Drive. Mr. Collier advised that due to the location of the proposed River- dale Park site and the two other facilities planned in the general area, the Parks and Recreation Commission had not considered this site as necessary to service this area. Council concurred and authorized the City Manager to inform the Orange unified School District that the City has no interest in acquiring said property. Mr. John Christensen, representing the potential developers of the Latter Day Saints property, previously discussed for park acquisition in Area No. 1 was recognized by the Mayor and stated that taking into consider- ation the lower price to the City for the six acres and the costs for the additional 3.7 acres together with the credit for in-lieu fees, the price of that property would average out to less than $27,000 per acre. It was ascer- tained, in answer to Councilman Thom, that the cost of the property excluding the credit for in-lieu fees would average $38,000 to $39,000 per acre, where- as the developer is paying $64,000 per acre for this property. Mr. Christensen noted that his firm will be spending 50 million dollars in development of the proposed condominium project and stated that since the projected park property will he immediately adjacent they would re- quest that Council consider early development of the park. In response to Council request~ Mr. Murdoch presented the following figures relative to park development fees and operating and construction costs from Fiscal Years, 1961-62 through 1972-73: 1. Revenue from Park Fees $1,725,630.00 2~ Revenue - Bonds 1,096,148.00 3. Expenditures - Operating Costs 9,322,435.00 4. Expenditures - Capital Outlay (Acquisition and Development Costs and Major Equipment) 3,852,620.00 73-996 City Hall; Anaheim~ California - COUNCIL MINUTES - December 18; 1973~ 10:00 A.M. Mr. Murdoch reiterated that figures were not immediately available as to Park Acquisition Costs alone. Councilman Dutton remarked that the total park fees including bonds do not nearly approximate the costs of park acquisition, development and oper- ation. Mr. Murdoch summarized that although Council is not requested to make commitments to any of the additional park sites today, decisions will be nec- essary on possible parks in Area Nos. 1, 2, 3 and 4, recognizing that there are no budgeted funds, within the next two years. Councilman Thom voiced the opinion that acquisition of any additional park land should be considered in light of the property which the City has al- ready acquired and is still undeveloped. Mr. Murdoch concurred with this statement, noting that there are three major cost areas involved in providing and maintaining park lands, i.e., the acquisition costs, the development costs and operational costs. He advised that emphasis shifts from one category to the other as property is acquired, this places a heavier burden on the development budget, and the developed pro- perty increases maintenance cost. Mr. Kamphefner reported that it currently averages the City $3,400 per acre per year to maintain developed park properties. Mr. Kamphefner fur- ther noted that there are 88.2 acres of undeveloped neighborhood parks repre- senting six different sites. Mr. Collier advised that five acres is under construction at Hansen School, which will be complete in .approximately two months,and ten acres at the Reid School are also currently in development which should be complete in eight months. Councilman Pebley asked if Mr. Collier felt the taxpayers were con- cerned enough regarding the status of the park program to pass a bond issue. Mr. Collier rgplied that he thought this might be possible if it were the only issue on the ballot, but related that usually those citizens who have park facilities are reluctant to go into debt to provide these facilities els%where. Further Mr. Collier pointed out that it is anticipated, in light of the fuel situation, that neighborhood and community parks will realize much more usage, and this might necessitate a review of City priority to further the park problem. Councilman Thom remarked that perhaps the Council should review the park in-lieu fees and consider raising these. Mr. Murdoch felt that review of the park in-lieu fees should be under- taken together with the growth and development picture. The main reason the recommendation of the Parks and Recreation Commission relative to in-lieu fees has not been presented for action is because of the anticipated slow down in building activity. '~ .~.~ Mr. Collier advised that the fees currently are $200 for single-family home, $125 for apartments and $100 for mobil homes. He related that the City of Anaheim's in-lieu fees are the lowest, in Orange County. Mr. Murdoch suggested that if Council wishes to consider an adjustment of in-lieu fees, then a report should be prepared containing information and comparisons of fees and park acreage provided in other Orange County cities, similar to that utilized when current zoning and land use fees were established. The Council concurred with this suggestion. Councilman Thom reiterated that.he personally would not like to see the City acquire additional park properties without accelerating construction 73-997 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 10:00 A.M. of that which is owned and not yet developed. He remarked in answer to Councilman Stephenson that this might be accomplished via a rearrangement of priorities. Councilman Sneegas estimated that the cost of the land discussed for acquisition in Mr. Collier's presentation would total two million dollars and development of same would be an additional one million. After develop- ment, these additional parks would increase the Park maintenance budget by $468,000 per year which would in effect increase the Park maintenance budget by 33 1/3%. Councilman Sneegas remarked that he could only specu- late, whether or not park facilities are equally important to people as other City services, and if so, the Council will receive additional pressure for expan- sion and enlargement of other City services as well. He admonished that the Council should consider recommendations for additional park acquisition with full awareness of the implications that these might precipitate increased demands for other City services. Mr. Murdoch concurred with this statement and remarked that the time for decision is not imminent on any of the properties discussed, but that staff wanted Council to have the information. He advised that these park land acquisitions will be considered along with the other budgetary re- quirements for the Fiscal Year 1974-75 Budget. He advised that if this is in line with Council's thinking, they will proceed on this basis and present the individual properties for Council decision when the total financial picture is available. He remarked that he felt a realistic analysis of the energy situation and how it will affect the City's revenues and budget would be possible some time within the first two or three months of 1974. Councilman indicated no objections to Mr. Murdoch's suggestion, and no further action was taken by the Council. REPORT ON SURVEY MATERIAL - DECEMBER 1973 NEWSLETTER QUESTIONNAIRE: Mr. Ron Rothschild, Administrative Aide, defined the purpose of the questionnaire as to ascertain the public reaction to the services and facilities provided by the City and .presented the following analysis of the responses received. (Complete report entitled "How is Our Livability Factor?" filed in the office of the City Clerk.) Mr. Rothschild advised that 66,000 of the questionnaire formswere distributed and a total of 1800 were returned fully or partially completed, for a response rate of 3% which is considered to be significant because of the type of questionnaire and the method of presentation. The locations from which each response generated were charted and indicated in color on a City map and the indication was that there was an even dist=ibution of responses throughout the City. Mr. Rothschild advised that due to the fact that in answer to Ques- tion No. 4, only 4% of the respondents stated they obtained information about the City from City employees indicates that the response is largely from the ordinary citizen rather than from City employees. The report gives a statistical analysis of the responses to each question and tabulation o£ the percent generally pos~ive ann generally nega- tive. (These tables were displayed on slides throughout the presentation.) In summary, the overall information is highly favorable to the City' on the basis of citizen response to selected survey questions. Public senti- ment was found to be affirmative and complimentary towards the City government and facilities provided. Those who qualified their affirmation or gave negative responses most often cited areas of concern related to problems of a growing urban area 73-998 City Hall; Anaheim; California - COUNCIL MINUTES - December 18~ 1973~ 10:00 A.M. including overcrowding, overannexation, air and noise pollution, traffic con- gestions, etc. Another area of irritability is the apparent lack of informa- tion disseminated concerning City activities and policies while these are under consideration. Additionally, unresponsiveness and "buck passing" on the part of City personnel when contacted for information was mentioned as a concern. Mr. Rothschild then gave individual analyses and statistical break- down of the response to each question. Mr. Murdoch pointed out that some of the percentages shown in the negative area of the graph were made by respondents who indicated general sat- isfaction, however wished to point out areas which could be improved. Mr. Rothschild noted that Question Nos. 5 and 6 were negatively oriented and in fact the citizen was asked to cite a problem. The results of these indicate the priority of problems that this sample of the Anaheim popu- lation feels they have. These range from growth and overcrowding, cited most often, poor public transportation, traffic congestion and air, noise and physical pollution were the next most frequently mentioned problems. Council surmised that the rate of satisfaction might be even higher than the analysis indicates since many of those citizens who did not respond are generally happy with their environment. They noted the type of mailer this was and that it was delivered as bulk mail, a large majority of which is thrown away without ever being looked at. Councilman Sneegas voiced the opinion that it would be interesting to run Question No. 16 regarding usage of the Orange County Transit District bus system at biannual intervals and to compare the results. Mr. Murdoch further pointed out that many of the replies called attention to specific items and in these instances they were referred to the appropriate department and action was taken. Throughout the questionnaire approach, additional follow up, observations and recommendations are required. There is also a definate obligation to follow up through whatever media pos- sible to insure that the citizens receive answers to those questions posed via the questionnaire. He stated that if this type of approval meets with Council approval, we will continue this type of contact with the citizenry. Mr. Murdoch emphasized that the comments received relative to the flow of information, which indicated that sufficient information is received after the fact, but that the people felt they should be better informed re- garding"pending matters and policies, were not expected and certainly indicate that this is an area of substantial interest which should be concentrated upon. No further action was taken by the City Council. P~ECESS - EXECUTIVE SESSION: CounCilman Pebley moved to recess to Executive Session. Councilman Stephenson seconded the motion. MOTION CARRIED. (11:45 A.M.) 73-999 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:00 P.M. AFTER RECESS: The Mayor called the meeting to order, all members being present, for purpose of receiving a presentation by the Anaheim Senior Citizens Club. (l:00 P.M.) PRESENTATION BY THE ANAHEIM S~NIOR CITIZENS - RESOLUTION OF APPRECIATION: Mr. Bill Erickson, Anaheim Senior Citizens Club, introduced Reverend H. A. McPheeters who read a poem and gave an invocation inspired by the Christmas season. Flag. Mayor Dutton lead the Assembly in the Pledge of Allegiance to the Reverend G. Paul Keller related to the Council the status of senior citizens throughout the United States and commended the City Council for the many services and conveniences they have provided for Anaheim's senior citizens. A familiar person, Santa Claus, entered the Chambers and presented the Council with a cake in appreciation for all their endeavors on behalf of the Senior Citizens. Mr. Erickson introduced Santa Claus individually to members of the City Council and City officials in attendance. Mr. Erickson also introduced distinguished members, present and past Presidents, Board Members and Golden Couples of the Anaheim Senior Citizens Club. Former Mayor, A. J. $chutte submitted and read the following Resolution of Appreciation. "RESOLUTION OF APPRECIATION WHEREAS, the Anaheim Senior Citizens wish to express appreciation to each member of the City Council, City Manager and Park and Recreation Department; and WHEREAS, the Anaheim Senior Citizens have shared in the Revenue Sharing Program to the extent of spacious new quarters which are the envy of many cities; and WHEREAS, an adequate program has been encircled for the use and privilege of all Senior Citizen members; and WHEREAS, the membership of our club has grown into a healthy organization of over 2,500 members; and WHEREAS, a Gift Certificate will be presented to the Anaheim Council as a gesture of graciousness; and WHEREAS, in the spirit of the Christmas Season~ it is the wish of all Senior Citizen members that a Merry Christmas be extended to the entire City Family. NOW, THEREFORE, BE IT REQUESTED that this Resolution of Appreciation be spread upon the minutes of this City Council meeting to record the appreciation of all concerned in Senior Citizen endeavors. DATED this 18th day of Decmeber, 1973, passed and approved by the Anaheim Senior Citizen Board of Directors. /s/ A1 Hutson AL HUTSON, PRESIDENT /s/ Frank Teskey FRANK TESKEY, 1st VICE PRESIDENT /s/ Peggy Mulder PEGGY MULDER, TREASURER /s/ Joe Melkus JOE MELKUS, BOARD MEMBER 73-1000 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:00 P,M, /s/ Maude Addis /s~ Phil Bird MAUDE ADDIS, 2nd VICE PRESIDENT PHIL BIRD, BOARD MEMBER /s/ Edie Mauch /s/ Charlotte Westbrook EDIE MAUCH, SECRETARY CHARLOTTE WESTBROOK, BOARD MEMBER /s/ William Erickson WILLIAM ERICKSON, PROMOTION CHAIRMAN" Mr. Schutte acknowledged City Manager Keith A. Murdoch and thanked him for his sincere efforts made on behalf of Anaheim Senior Citizens. In conclusion, Mr. Erickson acknowledged Dene and Harold Daoust, City Clerk and Purchasing Agent, and extended to them best wishes for a happy retirement. On behalf of the City Council, Mayor Dutton thanked the members of the Anaheim Senior Citizen Club~ commended them for their contributions to Anaheim community and wished them a very Merry Christmas. The City Council met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton COUNCILMEN: None CITY MANAGER: Keith A. Murdoch ASSISTANT CITY MANAGER: Robert M. Davis ACTING CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust CITY ENGINEER: James P. Maddox PERSONNEL DIRECTOR: Garry McRae PARK AND RECREATION DIRBCTOR: John J. Collier ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts INTRODUCTION OF NEW EMPLOYEES: Mr. Frank Campagnoni, of the. Personal Department introduced 18 new City employees attending the Council meeting as part of the City's orientation program. Mayor Dutton welcomed the new employees to the City family. MINUTES: Minutes of the Anaheim City Council Regular Meetings held October 30 and November 6, 1973, Adjourned Regular Meeting held November 8, 1973, Regular Meetings held November 13, November 20, November 27, December 4 and December 11, 1973, were approved, on motion by Councilman Thom, seconded by Councilman Sneegas. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading in full of all ordinances and resolution, 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 amounts of $1,318,398.20 for the period ending December 4, $450,981.14 for the period ending December 11 and ~1~434,151.70 for the period ending December 18, 1973, in accordance with the 1973-74. Budget, were approved. CONTINUED PUBLIC ~EARINC - RECLASSIFICATION NO. 73-74-20 AND ENVIRONMENTAL IMPACT REPORT NO. 99: Submitted by Joan Berry, et al, for a change in zone from R~A to C-1 at the southwest corner of Crescent and Magnolia Avenue. The City Clerk reported a letter has been received from William H. Miller, Developer, requesting a continuance to January 29, 1974, to allow the- City Planning Commission to review submitted revised plans. On motion by Councilman Pebley, seconded by Councilman stephenson, public hearing on Reclassification No. 73-74-20 and Environmental Impact Report No. 99 was continued to January 29, 1974, as requested by Mr. William H. Miller, Developer. MOTION CARRIED. 73-1001 City }{alit Anaheimt California - COUNCIL MINUTES - December 18, 1973, 1:30 P.M. PUBLIC HEARING - RECLASSIFICATION NO. 73-74-24~ VARIANCE NO. 2562 AND ENVIRONMENTAL IMPACT REPORT ~MPTION STATUS~ Application by Albert and Haruko Umino for a change in zone from R-A to R-S-5000 to subdivide property into a five-lot subdivision located on the west side of Mayflower Street, south of La Palma Avenue, with the following Code waivers, was submitted, together with appli- cation for Exemption Declaration Status: a. Minimum building site. b. Maximum lot coverage. The City Planning Commission,pursuant to Resolution No. PC73-246, recommended that no environmental impact report be required and that Reclass- ification No. 73-74-24 be approved, subject to the following conditions: 1. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property, be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 2. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents per front foot along La Palma Avenue for tree planting purposes. 4. That street lighting facilities along La Palma Avenue and Mayflower Street shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground utilities. 7~ That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That completion of these reclassification proceedings is con- tingent upon the granting of Variance No. 2562. 11. Prior to the introduction of an ordinance rezoning subject pro- perty, ~Condition Nos. 1, 3 and 4, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 12. That Condition Nos. 2, 6, 7 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC73-247, recommended that no environmental impact report be required and granted Variance No. 2562,'subject to the following conditions, 1. That this Variance is granted subject to the completion of Reclassification No. 73-74-24, now pending. 2. That subject property shall be developed substantially in accor- dance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3. ENVIRONMENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Pebley, seconded by Councilman Sneegas~ it was the finding of the City Council that the impact of subject property would be trivial in nature and that no environ- mental impact report or statement is required. MOTION CARRIED. 73-1002 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - December 18, 1973~ 1:30 P.M. Zoning Supervisor Charles Roberts noted the location and surrounding use of subject property and advised that the Applicant proposes to create five lots on two separate legal lots. He explained the northerly parcel is proposed to be split into two lots, each slightly under 5,000-square feet and having a lot coverage of approximately 39%, and the southerly parcel is proposed to be split into three lots, each slightly over 5,000-square feet and having a lot coverage of approximately 38%. The Mayor asked if the Applicant or his agent were present and satis- fied with the recormnendations of the Planning Commission; there being no response, asked if anyone in opposition wished to address the Council. Sherman Marsh, 1018 Mayflower, advised he feels the proposed develop- ment will generate more cars in the area, creating a hazard to the children and adding to the existing parking problem. The Mayor asked if anyone else wished to address the Council; there being no response, declared the hearing closed. RESOLUTION NO. 73R-580: Councilman Sneegas offered Resolution No. 73R-580 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER- MINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-24 - R-S-5000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-580 duly passed and adopted. RESOLUTION NO. 73R-581: Councilman Sneegas offered Resolution No. 73R-581 for adoption, granting Variance No. 2562, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2562. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-581 duly passed and adopted. PUBLIC HEARING - EAST LA PALMANO. 2 ANNEXATION: Pursuant to Resolution No. 73R-542, duly published in the Anaheim Bulletin and the Fullerton Daily News Tribune on November 14, and 21, 1973, and written notices mailed to the owners of property according to the last equalized assessment roll, public hearing was held on proposed annexation of uninhabited territory located north of La Palma Avenue, south of Orangethorpe Avenue, and west of Imperial Highway, known and designated as East La Plama No. 2 Annexation. The City Clerk reported that no written protest have been filed in her office. Mayor Dutton asked if anyone wished to address the City Council; there being no response, declared the hearing closed. 73-1003 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973, 1:30 P.M. RESOLUTION NO. 73R-582: Councilman Stephenson offered Resolution No. 73R-582 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT NO PROTESTS WERE MADE IN THE PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO THE CITY OF ANAHEIM KNOWN AS EAST LA PALMA NO. 2 ANNEXATION. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-582 duly passed and adopted. ORDINANCE NO. 3239: Councilman Sneegas offered Ordinance No. 3239 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS EAST LA PALMANO. 2 ANNEXATION. ENTERTAINMENT PERMIT: Application by Kenneth P. Mascari, Host International, Inc., for entertainment permit to allow a small combo, trio or mariachi musicians, Monday through Sunday, from 7:00 p.m. to 2:00 a.m., at Charley Brown's (pro- posed restaurant, Conditional Use Permit No. 1427) was submitted and granted subject to provisions of Chapter 4.18 of the Anaheim Municipal Code for a per- iod of one year, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. ENTERTAINMENT PERMIT: Application by Kenneth p. Mascari, Host International, Inc., for entertainment permit to allow a small combo, trio or mariachi musicians, Monday through Sunday, from 7:00 p.m. to 2:00 a.m., at the Red Onion (proposed restaurant, Conditional Use Permit No. 1427) was submitted and granted subject to provisions of Chapter 4.18 of the Anaheim Municipal Code for a period of one year, as recommended by the Chief of Police, on motiomby Councilman Pebley, seconded by Councilman Sneegas. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Kenneth E. Blackburn for an amuse- ment devices permit to allow 13 various amusement machines at the Disneyland Hotel, Marina Area, was submitted and approved, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief ef Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. A~.USEMENT DEVICES PERMIT: Application filed by David Warman, Servomation .Corpor- ation, 20th Century District, for an amusement devices permit to allow four various amusement machines at the Ground Round, 1301 West Lincoln Avenue, was submitted and approved, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Robert D. Studer for an amusement devices permit to allow various amusement machines at the Gay 90's Fun Arcade, 219 West Lincoln Avenue, was submitted and approved, subject to the provisions of Chapter 3.24 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Stephenson, seconded by Councilman Pebley. MOTION CARRIED. DINNER DANCE PLACE PERMIT: Application by Karen F. Myers for a dinner dance place permit to allow dancing nightly at the Smoke Tree Restaurant, 1410 South Harbor Boulevard, from 8:30 p.m. to 2:00 a.m., was submitted and granted, sub- ject to the provisions of Chapter 4.16 of the Anaheim Municipal Code, as recom- mended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Stephenson. MOTION CARRIED. 73-1004 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. REQUEST - LICENSE TAX EXEMPTION: Request of Dean Ron F. Phillips, for waiver of the business license fee for Pepperdine University School of Law, 1520 South Anaheim Boulevard, was submitted, together with a report from the City Attorney's Office indicating no objection to the waiver. On motion by Councilman Dutton, seconded by Councilman Pebley, waiver of the business license fee for Pepperdine University School of Law was granted. MOTION CARRIED. REqUEST - ATLANTIC RICHFIELD COMPANY: Request of W. C. Rusnack, ARCO, for permis- sion to conduct a free emission testing program for a period of four months, ahd display a 4' x 6' banner at the service stations located at the corners of State College Boulevard and Katella Avenue and Brookhurst Street and Crescent Avenue, was submitted, together with the report by Development Services Depart- ment. Zoning Supervisor Roberts advised that the banners are up and the program is presently being conducted under a special events permit which expired December 2, 1973, and if ARCO wishes to continue the program beyond the limits of the special events permit, Council approval must be obtained. Councilman Sneegas stated he felt the public service provided by this ARCO program is beneficial to all in light of the current energy crisis. On motion by Councilman Pebley, seconded by Councilman Stephenson, request of W. C. Rusnack, ARCO, for permission to conduct a free emission test- ing program and display one four by six banner at each of the service stations located at the corners of State College Boulevard and Katella Avenue and Brook- hurst Street and Crescent Avenue, was granted, to expire March 1, 1974. MOTION CARRIED. .REqUEST - TENTATIVE TRACT MAP NOS. 7558; 7587 AND 8075: The City Clerk reported correspondence had been received from Wayne Callaghan, Anaheim Hills, Inc., requesting continuance of consideration for extensions of time on Tentative Track Map Nos. 7558, 7587 and 8075 to January 8, 1974. On motion by Councilman Pebley, seconded by Councilman Stephenson, consideration for extensions of time to Tentative Tract Map Nos. 7558, 7587 and 8075 was continued to January 8, 1974, as requested. MOTION CARRIED. ANAHEIM STADIUM - TOMMY WALKER - JULY 4TH FIREWORKS DISPLAY: Request of Tommy Walker to address the Council to review the status of his rights to the Anaheim Stadium for the staging of the 4th of July Fireworks Show and clarification of Golden West Baseball Company lease agreement, as it pertains to the City's rights to schedule additional events on the same day as the California Angel's Baseball games, was submitted. Also submitted was opinion of the City Attorney and report of Tom Liegler, Director of Anaheim Stadium and Convention Center. Submitted at open meeting was a brochure containing complimentary letters received by Mr. Walker on past fireworks displays. Mr. Tommy Walker, 722 Westwood Place, Anaheim, referred to action taken by the A~aheim City Council in April, 1970, whereby the City Attorney's Office was authorized to prepare a seven (7) year lease agreement for the use of the Anaheim Stadium for'the old-fashioned 4th of July celebration, subject to prior rights of the California Angels and subject to right of the City of Anaheim to cancel said agreement in the event the Stadium was sold. Mr. Walker reviewed shows staged in the Stadium beginning with the first in 1966, thru 1969, and advised that this represented an investment of approximately one-quarter million dollars to produce a show. He thereupon read a letter received from Mr. Liegler in 1968 in response to his request that this show be an annual event, establishing the July 4th date through 1976 for the annual fireworks show, having first option after the selection of dates by the California Angels. He reported that in 1970, 1971 and 1972 he was not in the Stadium as the Angels had been scheduled into the Stadium which in his opinion was highly improper in light of his contract with the City. 73-1005 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. Mr. Walker read from the lease agreement with the Angels particu- larly (Page No. 8) D"TimeofGame" andfelt that in the best interests of the City where two events can be scheduled in the Stadium, considering the revenue derived,the citizens should not be deprived of his 4th of July show. Noted also was the fact that the Coliseum has been dark the last couple of'years, and he was of the further opinion that the citizens should not have to have their spectacular firework show depend on whether or not an A~gel game is scheduled.on that day. It was his considered opinion that there already is scheduled a fireworks event on the 4th of July through the years through 1976, and actually not only through 1976 but always. Mr. Walker felt there was a moral issue involved since he was the first in the Stadium establishing the show and the 4th of July should be staged by a professional whose ~hole livelihood is based upon his living in Anaheim and is not being taken away by a baseball club that is not in show business. Councilman Pebley, being one of the signers to the Angel's contract, stated it was his interpretation that if the Angels were out of town on July 4th, then Mr. Walker had the right to rent the Stadium and according to the City Attorney's interpretation, if the Angels are in town, and are having a game on the night of the 4th of July, the Angels also have the right to stage the fireworks display. Mr. Walker contended that if the City entered a contract prior to the Angels scheduling the games, then the Angels must schedule the game so as not to interfere with the previously City scheduled night-timeevent~ and that this goes beyond the legal interpretation. Councilman Thom read the last paragraph of the City Attorney's report wherein it is stated that it was the opinion of the City Attorney's Office that the California Angels have prior rights under the least agreement to schedule their games, and ~that the fireworks display, incidental to the base- ball games, was permissible under the terms of the agreement. Councilman Thom stated it was his interpretation that "it is permissible" was that a fireworks display is permissible to the Angels and to Mr. Walker, or anyone alse. Mr. Watts advised that the language used in the report was intended to convey that it was permissible for the Angels to conduct a fireworks display, the opinion was intended to indicate that the Angels have the right to select the day and when they do not schedule a game on the 4th of July, then Mr. Walker would have the right to conduct the fireworks display on that date. Mr. Walker referred to a statement made to him by the former City Attorney wherein if the Angels schedule a day game they would not have the right to come back and stage the fireworks show at that night. Mr. Watts agreed with the above statement and stated that the question was the relationship in time of the fireworks display to the baseball game. He noted a problem that could arise if there was a day game and a Toq~ny Walker show that same night being the elaborate arrangements placed in the outfield for the fireworks show and the effect that might have on the baseball game. Mr. Walker reported that this has been done in the past and all requirements of the Angels were met. Councilman Sneegas noted that during this past~year the Angels had a fireworks show on July 2nd and the Tommy Walker show was on July 4th. He questioned the advisability of allowing a show so close before the 4th which would reflect on the revenue received on the 4th, and felt that there defin- itely should be a show on the 4th of July. Mr. Watts further reported that the lease agreement provides for the Angels to schedule their dates, not necessarily the hour of their dates, prior to the baseball season and he believed this to be no later than February 1st, and then the paragraph quoted by Mr. Walker would apply, but after those dates have been selected the City then has the right to rent the Stadium to others. He stated he would be reluctant to advise that the City had the right to rent the Stadium two or three years in advance. 73-1006 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. Mr. Jerry Utti, Attorney representing Mr. Walker, advised that he had examined the lease agreement with the Angels very closely and the provi- sion related by Mr. Walker (Page No. 8) D "Time of Game" was crucial and gives the City Council the right to set up dates that the City wants the Stadium used for Civic Events, and still does not deprive the Angels the use of the Stadium on that particular day. Mr. Utti stated there was legal precedent to allow Mr. Walker to stage the fireworks display on the 4th of July, even though the Angels play a game on that day, as in 1970 it was the initial intent of the City Council to create a seven (7) year contract with Mr. Walker which, however, never took place. With this intent he contended the use of the Stadium on that night by the Angels was preempted, however, they could use the Stadium during the morning or afternoon. Mr. Utti thereupon offered to work with the City Attorney in the best interests of the Angels, Mr. Walker and the residents of the City of Anaheim and felt it would be in the best interests of everyone to resolve this problem in an amicable way rather than have to litigate it in court. Mr. Liegler addressed the Council and stated that there was no doubt that the Tommy Walker Fireworks Productions are the best in the State and that it does mean substantial revenue to the City of Anaheim. He advised this prob- lem has been with him and his office since 1967 and that it is not practical to have two events on the same date. Further, the California Angels look upon their baseball game, followed by a fireworks display, as a guarantee to close to a full house. He stated he would like to see all involved sit down and work these problems out,as two events in one day presents many complicating factors from an operational standpoint, such as rehearsals, sound systems, etc. Councilman Thom felt the issue was really two major events, a baseball game and an extravaganza. Mr. Liegler advised that one of the issues that must be considered is the revenue sources from both parties. In his opinion, over the seven years he felt that they ~have taken the correct steps in this matter in trying to brimg together the best for both parties as both are substantial tenants of the Stadium. At the conclusion of the discussion, Mayor Dutton advised that it was the concensus of the Council that the City legal staff, the Angels legal staff and Mr. Walker's Attorney meet with Mr. Liegler in an effort to resolve the problem. Mr. Walker asked how this could be done as expeditiously as possible as he wi~Med to stage a show at the Stadium and felt that it would carry more weight i~ the Mayor or a City Councilman from the City met with the Angel's Management and worked out the problem as he was certain his presence would be considered a personal involvement. Mayor Dutton stated that inasmuch as Mr. Walker has brought up a legal question in the interpretation of a contract, all attorneys involved should meet first, and the meeting should be arranged by Mr. Liegler. Councilman Thom again noted that the City Council was the issuing authority for fireworks pehnits and as such would have control. Councilman Stephenson felt two events on the same date would both~ fail. Mr. Walker advised that he wanted to make it clear that he was.not only requesting permission to stage the 4th of July pageants in the Stadium through the years 1976, but to stage these pageants as long as he continues put on a show that does make money and is a quality show; that he be given the opportunity to continue to do so. He again stated that he felt two events in the same day could be staged even if he was required to rehearse in La .Palma Park. 73-1007 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held November 26, 1973, pertaining to the following applications were submitted for City Council information and considerations ENVIRONMENTAL IMPACT RBM9RT EXEMPTION STATUS: As recommended by the City Planning Commission, on motion by Councilman Sneegas, seconded by Councilman Stephenson, it was the finding of the City Council that the impact of the project in the following zoning applications would be trivial in nature and that no environmental impact reports or statements be required: Variance No. 2537 Conditional Use Permit No. 1434 Conditional Use Permit No. 1435 MOTION CARRIED. 1. VARIANCE NO. 2537: Submitted by Arthur B. Wilmsen, et al, to develop a combination service station and convenience market on C-1 zoned property, located at the northeast corner of La Palma Avenue and State College Boulevard with waivers of: a. Definition of automobile service station. b. Maximum number of free-standing signs. c. Minimum distance between free-standing signs. d. Minimum height of free-standing sign. The City Planning Commission, pursuant to Resolution No. PC73-251, denied said variance. 2. CONDITIONAL USE PERMIT NO. 1434: Submitted by Charles and Patsy Cundiff, to establish a recreational vehicle storage yard and caretaker's mobilehome on County Mi zoned property, located on the west side of Lakeview Avenue, north of La Palma Avenue, with waivers of: a. Permitted buildings, structures and uses. b. Parking for outdoor uses. The City Planning Commission, pursuant to Resolution No. PC73-249, denied.said conditional use permit. 3. CONDITIONAL USE PERMIT NO. 1435: Submitted by B. W. and Marcella V. Waters, to establish an ~utdoor recreational facility, including batting cages and trampolines on C-1 zoned property, located on the south side of Colchester Drive, west of Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC73-250, granted said conditional use permit, subject to conditions. 4. CONDITIONAL USE PERMIT NO. 1063: Submitted by C. M. McNees, requesting an extension of time to establish a hall for variety shows, lectures, meetings, dances, etc., With an on-sale liquor establishment in the existing structure, on R-A zoned property, located at the southeast corner of Haster Street and Manchester Boulevard. The City, Planning Commission, granted a one-year extension of time retroactive to October 7, 1973 and said time extension to expire October ?, 1974. 5. CONDITIONAL USE PERMIT NO. 1072: Submitted by C. M. McNees, requesting an extension of time to establish a bus depot in an existing structure, located on R-A zoned property, at the southeast corner of Haster Street and Manchester Boulevard. The City Planning Commission, granted a one-year extemsi°n of time for the use retroactive to November 4, 1973 and said time extension to expire November 4, 1974. The foregoing applications were reviewed by the City Council and no further action taken. 73-1008 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. 6. ENVIRONMENTAL IMPACT STATEMENT - WESTRIDGE PUMPING STATION: On motion by Councilman Sneegas, seconded by Councilman Stephenson, the City Council accepted Environmental Impact Report and Supplement for the Westridge Pumping Station and Environmental Impact Report Review Committee Analysis thereof, together with City Planning Commission recommendation, and adopted same as the Statement of the Council. MOTION CARRIED. 7. ENVIRONMENTAL IMPACT REPORT - ORANGE COUNTY FLOOD CONTROL DISTRICT STORM DRAIN: On motion by Councilman Sneegas, seconded by Councilman Stephenson, City Planning Commission Resolution No. PC73-253, finding that the proposed extension of flood control and drainage improvements in State College Boulevard from its existing terminus near South Street to Underhill Avenue on the north by the Orange County Flood Control District and the City of Anaheim are in con- formance with the Anaheim General Plan and will have no significant effect on the environment, was ordered received and filed. MOTION CARRIED. 8. MASTER PLAN OF DRAINAGE: By general Council consent, public hearing on the Master Plan of Drainage for the City of Anaheim was scheduled for January 15, 1974, 1:30 P.M. 9. TENTATIVE TRACT MAP NOS. 8513~ 8514~ 8515 AND 8516: Anaheim Hills, Inc., and Texaco Ventures, Inc., owners, property located northwesterly of the Serrano Avenue and Hidden Canyon Road intersection; containing 150 proposed R-2 zoned lot. On'motion by Councilman Thom, seconded by Councilman Dutton, action on Tentative Track Map Nos. 8513, 8514, 8515 and 8516 was continued to be heard in conjunction with Environmental Impact Report No. 105 and Conditional Use Permit No. 1430. MOTION CARRIED. EXTENSION OF TIME - TENTATIVE MAP TRACT. NOS. 7915 AND 8101 (CONDITIONAL USE PERMIT NOS~ 1348 AND 1350, RECLASSIFICATION NO. 71-72-44): Request of Hallcraft Homes, Inc., for a two-year extension of time to Tentative Maps Tract Nos. 7915 and 8101 for recordation of the final map and to allow for completion of drainage facilities, was submitted together with reports from the Development Services Department and the City Engineer recommending a one-year extension of time be granted, subject to modification of Condition of Approval No. 6 of said tenta- tive tracts to read as follows: "That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initia- ted condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the down- stream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request." On motion by Councilman Stephenson, seconded by Councilman Sneegas, a one-year extension of time was granted to Tentative Maps, Tract Nos. 7915 and 8101, retroactive to November 7, 1973 and expiring November 7, 1974, as recom- mended by Development Services Department and the City Engineer, with amendment to Condition No. 6 of approval of said tract maps as recommended. MOTION CARRIED. ~INAL MAP~ TRACT NOS. 7617, 7730 AND 7736: Developer, Tract No. 7617 - Tustin Village, Inc.; tract located south of the Riverside Freeway, north of Santa Ana Canyon Road, east of Anaheim Hills Road; containing 44 proposed R-S-5000 zoned lots. 73-1009 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. Developer of Tract No. 7730 - Classic Development Corporation; tract located south of the RiVerside Freeway, north of Santa Aha Canyon Road, east of Anaheim Hills Road; containing 57 proposed R-S-5000 zoned lots. Developer of Tract No. 7736 - Tustin Village, Inc.; tract located south of the Riverside Freeway, north of Santa Ana CanyOn Road, east of Anaheim" Hills Road; containing 41 proposed R-S-5000 zoned lots. The City Engineer recommended apProval and reported that said final maps conform substantially with the tentative maps previously approved, that bonds have been posted, and required fees paid. He further recon~nended that approval of Final Maps, Tract Nos. 7617, 7730 and 7736 be subject to the following conditions: 1. Designation of ten-foot storm drain easement as a combined storm drain and public utility easement in Tract No. 7730. 2. That Tract No. 7730 will be recorded first. 3. The 20-foot public utility easements at the end of cul-de-sacs shall be designated as combined 20-foot utility and public access easements. 4. Approval of improvement bonds by the City Attorney. Councilman Stephenson moved that Final Maps, Tr.act Nos. 7617, 7730 and 7736 be approved, subject to the four conditions recommended by the City Engineer. Councilman Sneegas seconded the motion. MOTION CARRIED. RESOLUTION NO. 73R-583 - AWARD OF WORK ORDER NO. 820: In accordance with recom- mendations of the City Engineer, Councilman Stephenson offered Resolution No. 73R-583 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWI~R, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE POLICE DEPARTMENT BUILDING MULTI- CHANNEL LOGGING RECORDER SYSTEM, IN THE CITY OF ANAHEIM, WORK ORDER NO. 820. (Magnasync/Moviola Corporation - $15,706.80) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-583 duly passed and adopted. CHANGE ORDER NO. 1 - SLURRY SEAL CONTRACT; 1972-73 FISCAL YEAR: On report and recommendation of the City Engineer, Councilman Pebley moved that Change Order No. 1, Slurry Seal Contract, 1972-73 Fiscal Year (Account No. 421-241-02, contractor, Asphalt Coating Company), increasing the amount by $4,309.20, be authorized. Councilman I)utton seconded the motion. MOTION CARRIED. ~ FINAL COMPLETIONS - PUBLIC IMPROVEMENT PROJECTS: Upon receipt of certifications from the Director of Public Works~ Councilman Pebley offered Resolution Nos. 73R-584 through and inclUding 73R-589, for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-584 - ACCOUNT NO. 421-241-02-(SLURRY SEAL): A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE APPLICATION OF SLURRY SEAL UPON VARIOUS CITY STREETS FOR FISCAL YEAR 1972-73, IN THE CITY OF ANAHEIM, ACCOUNT NO. 421-241-02. (Asphalt Coating Company) 73-1010 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973t 1:30 P.M. RESOLUTION NO. 73R-585 - WORK ORDER NO. 678-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 AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING MODIFI- CATION AT ORANGETHORPE AVENUE AND PLACENTIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 678-A. (Smith Electric Supply) RESOLUTION NO. 73R-586 - WORK OR.DER NO. 695-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 AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE ORANGEWOOD AVENUE STROM DRAIN IMPROVEMENT FROM APPROXIMATELY 1531 FEET EAST OF TO APPROXIMATELY 986 FEET EAST OF WEST STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 695-A. (Stanich Company) RESOLUTION NO. 73R-587 WORK ORDER NO. 2065: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE WALNUT CANYON CHANNEL REPAIR, N/O ANAHEIM HILLS ROAD, IN THE CITY OF ANAHETM, WORK ORDER NO. 2065. (K.E.C. Company) RESOLUTION NO. 73R-588 - WORK ORDER NO. 8002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIFMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY. TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PHASE II -'CONSTRUCTION OF CLAIR SUBSTATION AT BALL ROAD AND MAGNOLIA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8002. (Jelco Incorporated) RESOLUTION NO. 73R-589 - WORK ORDER NO. 8004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PHASE II - CONSTRUCTION OF SHARP SUBSTATION AT LA PALMA AVENUE AND PAULINE STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 8004. (Jelco Incorporated) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution Nos. 73R-584 to 73R-589, both inclusive, duly passed and adopted. CORRECTION TO LETTER AOREEMENT - STEINY AND COMPANY, WORK ORDER NO. 702-A: On motio~ by Councilman Sneegas, seconded by Councilman Stephenson, an amendment was authorized to the agreemenl between the City of Anaheim and Steiny and Company, for the construction, modification and interconnection Of traffic signals on Lincoln Avenue, Euclid Street, Ball Road, Katella Avenue, Beach Boulevard and State College Boulevard, Work Order No. 702-A to correct the figure indicated on Page No. 11 as $100.71 per day as liquidated damages to $100.00 per day liquidated damages. MOTION CARRIED. LETTER. ,._~ AGREEMENT - CONVERSE~ DAVIS ANDASSOCIATES - PHASE I DEVELOPMENT; ANAHEIM CIVIC C~NTER: The letter agreement dated December 10, 1973 from Converse, Davis and ASsOc. iates for geotechnical investigation of the Phase I Civic Center site, at a sum not to exceed $4,000.00, was submitted and approved, on motion by Councilman Sneegas, seconded by Councilman I)utton. MOTION CARRIED. 73-1011 City Hall~ Anaheimm California - COUNCIL MINUTES - December 18~ 1973! 1:30 P.M. RESOLUTION NO. 73R-590 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. 73R-590 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Classic Development; Glen E. & Louise S. Young; Henry B. & Thelma M. Wesseln; Sequoia Pacific Realco; Automobile Club of Southern California; Beacon Bay Enterprises, Inc.; Sequoia Pacific Realco; Lloyd A. Burrows, Jr., et al; John H. Scudder, et al; North Congregation of Jehovah's Witnesses; Bruce C. & Omalee Armstrong, et al) R°ll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AB SENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-590 duly passed and adopted. LITIGATION - JOSE FLORES VERSUS UNITED STATES POSTAL SERVICE: The Acting City Attorney Alan Watts reported on litigation in which the City of Anaheim has intervened for damages to municipal property in the amount of $4,000 to $5,000. It appears that the B. F. Goodrich Company has been named by the Government in a cross claim in said legal action and since the Federal District Court Judge who has been assigned to hear the case has disclosed that he owns stock in the B. F. Goodrich Company, it is necessary that each of the attorneys and clients involved submit a letter indicating they find no objection with the judge assigned to the case. He thereupon recommended that the City Council authorize the letter which, has been prepared for the Mayor's signature, stat- ing that the Council feels the judge assigned would not be prejudicial to the case. On motion by Councilman Thom, seconded by Councilman Smeegas, the letter prepared by the Acting City Attorney was authorized for the Mayor's signature. MOTION CARRIED. LITIGATION - PITCHESS VS. SUPERIOR COURT: Acting City Attorney Alan Watts des- cribed the legal action taken against a Los Angeles County Sheriff's Deputy and Sheriff Peter Pitchess regarding the confidentiality of police reports and recommended that the City Council authorize the addition of the City of Anaheim's name to a brief which will be filed by the City of San Francisco in support of the Los Angeles County position which upholds the confidentiality of internal affairs division reports. He advised that there will be no cost to the City nor staff time involved in such action. Councilman Sneegas moved that the City Attorney be authorized to enter the City of Anaheim's name into the brief indicating support of Sheriff Peter Pitchess and the County of Los Angeles's position in the case of Pitchess vs. the Superior Court. Councilman Stephenson seconded the motion. MOTION CARRIED. RESOLUTION NO. 73R-591 - EMINENT DOMAIN PROCEEDINGS (UPPER K RANCN): In accordance with recommendation of the Acting City Attorney, Councilman sneegas offered Resolution No. 73R-'591 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY FOR DRAINAGE PURPOSES. (Upper K. Ranch) Roll Call Vote: AYES: COUNCILMEN: NOES .' COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-591 duly passed and adopted. 73-1012 City Hall; Anaheim; California o COUNCIL MINUTES - December 18, 1973; 1:30 P.M. SALE OF ELECTRICAL CONSUMER SUBSTATION - DELCO-REM%f: Memorandum from George Edwards, Electrical Superintendent, dated November 27, 1973, recommending sale of the consumer substation (consisting of three 1,000 KVA transformers and three 750 KVA transformers) which was acquired by the City as a result of Edison Condem- nation No. 4 in 1968 to Delco-Remy for a sum of $6,427.05, including tax, was submitted together with the letter from the Delco-Remy Plant Superintendent and inventory of said electrical distribution facilities. Mr. Davis advised that Delco-Remy expects to increse electrical usage and to change the metering configuration from 4 KV to 12 KV in June, 1974. De lco-Remy has therefore requested that the consumer substation located at their plant, 1201 North Magnolia, be sold to them. Mr. Davis thereupon recommended~ that the sale be authorized. On motion by Councilman Pebley, seconded by Councilman Sneegas, the City Council authorized sale of the pole, consumer substation and electrical distribution equipment as indicated on the inventory prepared to Delco-Remy at the estimated depreciated value of $6,427.05, including sales tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - AERIAL.~DEVICE: The Assistant City Manager reported on in- formal bids received for the purchase of one aerial device for the Parkway Maintenance Division, as follows, and recommended acceptance of the iow bid: VENDOR TOTAL AMOUNT; INCLUDING TAX Pittman Mfg. Company, Industry ........... $21,368.55 Utility Body Company, Commerce .......... 23,815.73 CAL-TEC, Los Alamitos ............ - 34,320.45 Sabco ..................... NO QUOTE K.P.K. - ..................... NO QUOTE On motion by Councilman Sneegas, seconded by Councilman ]~tton, the low bid of Pittman Manufacturing Company was accepted and purchase authorized in the amount of $21,368.55, including tax. MOTION CARRIED. PURCHASE OF ENVELOPES: The Assistant City Manager reported on informal bids received for the purchase of one million envelopes for the Data Processing Division - utility billing as follows: VENDOR Coast Envelope Co. Federal Envelope Co. Tranco Envelope Co. Continental Envelope Co. COST PER LOT NO. A (700,000 BILLING ENVELOPES WITH GLASSENE WINDOWS) COST PER LOT NO. B (300,000 SELF ADDRESSED ENVELOPES~ $3,493.00 $1,311.00 3,486.00 1,539.00 4,270.00 1,470.00 4,256.00 1,788.00 The Assistant City Manager recommended that the purchase be split, accepting the low bid of Coast Envelope Company for 300,000 Self Addressed Envelopes (Lot No. B) at $1,311.00 per lot and the bid of Federal Envelope Com- pany for 700,000 Billing Envelopes with Glassene Windows (Lot No. A) at $3,486.00 per lot, for a total amount of $5,036.85, including tax. On motion by Coun~ilman. Sneegas, seconded by Councilman Stephenson, the low bids of Coast Envelope Company and Federal Envelope Company were accepted and purchase authorized in the total amount of ~5~036.85~ including tax, as recommended. MOTION CARRIED. PURCHASE OF EQUIPMENT - THREE PHASE PAD-MOUNTED TRANSFORMER: The Assistant City Manager reported that due to increased building, longer deliveries~ shortage of insulating oil and increasing prices, the Electric Division is requesting addi- tional three phase pad-mounted transformers for stock. Quotation 'for said equip- ment has been received from Westinghouse Electric Supply Company, which was the low bidder on the original order and they agree to hold the price structure and original delivery dates for additional transformers added to the original or4er. Mr. Davis therefore recommended the award be made to Westinghouse Electric Supply Company in the amount of $51,603.30, including tax. 73-1013 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18; 1973~ 1:30 P.M. On motion by Councilman Dutton, seconded by Councilman Stephenson, the bid of Westinghouse Electric Supply Company was accepted and purchase authorized in the amount of $51,603.30, including tax. MOTION CARRIED. PURCHASE OF MATERIAL - 600 VOLT CONTROL CABLE: The Assistant City Manager reported on informal bids received' for the purchase of 600 volt Control cable for the Electrical Division as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT; INCLUDING TAX G. E. Supply .................... $44,784.08 Okonite ............ ......... 51,043.92 On motion by Councilman Sneegas, seconded by Councilman Dutton, the low bid of General Electric Supply Company was accepted and purchase authorized in the amount of $44,784.08, including tax. MOTION CARRIED. PURCHASE OF MATERIALS - MISCELLANEOUS SUBSTATION HARDWARE: The Assistant City Manager reported on informal bids received for the purchase of miscellaneous substation hardware for Phase I construction at Lewis Substation as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT; INCLUDING TAX General Electric Supply .............. $17,220.13 Westinghouse Electric Supply ............ 15,021~95 Graybar Electric Company .............. 14,886.07 Maydwell-Hartzell (Incomplete Bid) ....... 4,640.99 On motion by Councilman Dutton, seconded by Councilman Stephenson, the low bid of General Electric Supply Company was accepted as the lowest best bid meeting specifications'and purchase authorized in the amount of $17,220.13, including tax. MOTION CARRIED. PURCHASE OF EQUIPMENT - LARGE TILT-BED TRAILER: The Assistant City Manager reported on informal bids received for the purchase of one large tilt-bed trailer for the Street and Sanitation Division as follows and recommended acceptance of the low bid: VENDOR TOTAL AMOUNT! INCLUDINg TAX Milo Equipment ....... $ 6,003.90 Callahan Engineering ............... 6,699.00 On motion by Councilman Stephenson, seconded by Councilman Sneegas, the low bid of Milo Equipment Company was accepted and purchase authorized in the amount of $6,003.90, including tax. MOTION CARRIED. LEASE - PURCHASE AGREEMENT~ SECURITY PACIFIC BANK (I.B.M. cOMPUTER): Mr. Davis outlined that under the agreement with San Gabriel Valley Municipal Data System, the City of Anaheim was to obtain and lease the building, spliting the rental costs, and the City of Anaheim was to operate the computer and M.D.S. was to provide the computer under a lease purchase arrangement with provision for alternate purchase of the equipment. He reported that due to a technical- ity which exists within the joint powers agreement between M.D.S. and its 16 member cities, it will be necessary for M.D.S. to amend their bylaws in'order to consumate the le'ase agreement and have it approved. For the ~nterim per- iod, during which M.D.S. W~ll have to obtain approval from the 16 mem~r cities for the change in bylaws, which is anticipated to take approximtely 45 days, M.D.S. has requested that the City of Anaheim enter into a lease-purchase agreement with the Security Pacific Bank with provision for assigning said lease to M.D.S at such time as the bylaws are amended. The lease-purchase agreement would include the main frame, control printer, keyboard, and power unit. The total cost of said equipment over a six year period would be $1,079,213.79. Mr. Davis remarked that under any circumstances, it would be his recommendation that the computer be acquired in this fashion. Me noted that the lease-purchase arrangement will provide the computer at a lower cost than leasing from I.B.M. and that under the agreement with M.D.S. any payments made by participating agencies (City of Anaheim or M.D.S.) will accrue to them ~the proportionate equity based on the payments made. 73-1014 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18, 1973, 1:30 P.M. Councilman Thom noted that with the lease-purchase for the computer, M.D.S. will bear no responsibility in the arrangement. Mr. Davis assured him that M.D.S. is very desirous of having some interest in the arrangement, since otherwise the City of Anaheim would in fact be performing in the capacity of a service bureau for them. He advised that the computer is installed in the building and the City of Anaheim personnel will move in December 20, 1973. He stated that if the City were to lease the computer from I.B.M. for this intervening period, it would cost an estimated $6,000 additionally over the cost of the lease-purchase agreement with Security Pacific Bank. Mr. Watts stated that the lease-purchase arrangement proposed with Security Pacific Bank is identical to the one which the City of Anaheim entered into with respect to the Convention Center equipment. There are two separate documents submitted for Council approval, one to enter the lease purchase agree- ment to acquire the computer and the other, secondarily, to assign to M.D.S. the right, title and interest in that lease. Mr. Davis pointed out however that equity on payments made by the City would be retained, and further that M.D.S. will pay their proportionate share of the computer costs during the interim period. Mr. Watts explained that the technicality which is causing the diffi- culty involves the definition of a public agency as seen by the bonding attorneys, that said agency have the power of eminent domain, whereas the joint powers agreement with the 16 cities constituting San Gabriel Valley Municipal Data System does not grant this ability and therefore must be amended. Mr. Davis stated that the lease payments will commence April 1, 1974, the cost per month will be $14,793.00, to be split between the City and M.D.S° and the interest rate is 5.73% which is'the same as the City has obtained on recent equipment purchases. Councilman Thom inquired whether any timing and phasing information of the merger and of the new programs coming out is available. Mr. Davis replied that M.D.S. is already located in the building and City of Anaheim personnel will move in on December 20, 1973. The computer is presently running parallel with the equipment in the Stadium for accuracy check. The next step is the programming sequence. Councilman Thom advised that he would like to see a time-phase schedule on the merger and on new program development. RESOLUTION NOS. 73R-592 AND 73R-593: At the conclusion of discussion, Councilman Dutton offered Resolution Nos. 73R-592 and 73R-593 for adoption. Refer to Resolution Book. RESOLUTION NO. 73R-592: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND SECURITY PACIFIC NATIONAL BANK PERTAINING TO THE LEASE OF A COMPUTER, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 73R-593: A REsoLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND SAN GABRIEL VALLEY MUNICIPAL DATA SYSTEM ASSIGNING THE RIGHTS, DUTIES AND OBLIGATIONS OF A LEASE BETWEEN THE CITY AND SECURITY PACIFIC NATIONAL BANK TO SAN GABRIEL VALLEY MUNICIPAL DATA SYSTEM. Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES~ COUNCILMEN: None ABSENT: COUNCII~EN: None The Mayor declared Resolution Nos. 73R-592 and 73R-593 duly passed and adopted. 73-1015 .City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.Mo 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 Stephenson: a. Claim submitted by Preston K. and Docia W. Allen, Fred and Olive Sedlak and John R. and Erma C. Summers for property damage to pumping plant purportedly sustained by City of Anaheim building electrical substation and related facilities from May 2, 1973 to present. b. Claim submitted by Thomas E. and Katherine L. Ferner for per- sonal loss and damages sustained purportedly as a result of maintenance and condition of the construction area at La Palma and Chantilly, on or about September 25, 1973. c. Claim submitted by Mrs. Frances Sukov for personal injuries purportedly sustained as a result of condition of pedestrian walkway along the 500 West block of La Palma, on or about October 10, 1973. d. Claim submitted by Jaime Deutsch for personal property damage purportedly sustained due to low voltage supplied by City Electrical Division, on or about October 11, 1973. e. Claim submitted by Allen B. Moll for personal property damage purportedly sustained as a result of transformer failure, on or about October 23, 1973. f. Claim submitted by Mildred S. McAllister for personal property damage purportedly sustained as a result of the condition of curbing at 614 North Lemon Street, on or about November 22, 1973. g. Claim submitted by Lillian A. Posner for personal property damage purportedly sustained as a result of transformer damage as a result of pole being hit by a car, on or about November 23, 1973. h. Claim submitted by Mrs. Dorothy J. Taylor for personal los~ and property damage purportedly as result of power failure sustained, on or about November 23, 1973. i. Claim submitted by Mrs. William C. Davis for personal property damage, purportedly sustained asa result of power supplied by the City, on or about November 23, 1973. j. Claim submitted by Joyce and Adam Watson for personal loss pur- portedly sustained as a result of power blackout, on or about November 23, 1973. MOTION CARRIED. REQUEST - SIGNALIZATION OF LA VERNE STREET AND HARBOR BOULEVARD: Dr. Cain, a long time resident who has had an established medical office at 200 North Harbor Boulevard since 1946, requested to address the Council relative to the number of accidents which have occurred at the intersection of Harbor and La Verne, many victims of which he personally attended as aphysician. Hr related that he has had occasion to drive through this intersection frequently and that he has been prompted to come forward and speak because he fears for the safety of those individuals who attempt to cross Harbor Boulevard at this intersection. He noted that many of the people who use the crosswalk located at La Verne and Harbor are aged and crippled or immobilized by physical dis- abilities. He advised that the death of a well respected member of the com- munity as a result of a traffic accident at the corner of Harbor and La Verne served as the catalyst to this presentation and the petition to be submitted by Mr. Charles Davis. He suggested and urgently requested that some type of signal device be installed at this corner to insure the safety of those using the crosswalk. Mr. Charles Davis, who owns and operates the Davis Market located on the corner of ~a~Verne and Harbor, presented a petition to the Council con- taining ~{gnatures o£ those citizens who feel that a traffic signal or other safety device should be installed at this corner. A portion of these signa- tures were collected by the Horace Mann School P.T.A. Mr. Davis described the traffic on Harbor Boulevard as traveling at a rate of 50 m.p.h, whereas the street is posted at 35 m.p.h. Further he noted that there is no gap or letup of oncoming traffic because of the automobiles making right turns from La Palma Avenue onto Harbor Boulevard against the red light. He also suggested that a traffic signal or other safety device be installed at this location or that the right turn onto Harbor from La Palma on a red signal be eliminated. Further he pointed out that at this particular location, there is "no parking" on either side of Harbor Boulevard because 73-1016 City Hall, Anaheim~ California - COUNCIL MINUTES - December 18, 1973~ 1:30 P.M. of the width of the street, and the number of lanes of traffic. As result the lane of traffic is immediately adjacent to the curb and when an adult or child steps off the curb into the street, he is at once in the traffic lane. He referred to many other traffic accidents which have occurred in this immediate vicinity. A report from the City Engineer, dated December 13, 1973 was also submitted which recommended that traffic signals not be installed at the inter- section of Harbor and La Verne, and that the existing crosswalk be removed. A resident at 910 North Habor, attested to Dr. Cain's and Mr. Davis' statements regarding the traffic on Harbor Boulevard and further pointed out that she was considerably concerned about the large number of children who cross Harbor from the east side to attend the Horace Mann School. She noted that many of these children do not use the school crosswalk at La Palma Avenue but instead cross at La Verne and Harbor and that these children are not sufficiently aware of the distance it takes a moving vehicle to stop or slow down for them. She also noted that many elderly people cross at this location and that it is some- times necessary to wait as long as five minutes for a break in traffic, because the lights are not synchronized in such a manner as to provide sufficient time for pedestrians to cross. Councilman Sneegas asked if any recommendation has been made regarding this intersection by the School Traffic Safety Committee, whose responsibility it is to investigate traffic conditions along school routes. Mr. Ed Granzow, Traffic Engineer, replied that in response to a recent request from the Principal of Horace Mann School for a crossing guard at the Harbor-La Verne intersection, an investigation disclosed that the number of children crossing at that point was not great, and that warrants for a traffic signal were not met. The results of this investigation were given to the School Traffic Safety Committee and it was their recommendation that the Anaheim Elementary School District be contacted 'and that the School and the'parents re- quire the children to use the prescribed safe routes to school which do not include crossing Harbor at La Verne. Councilman Thom noted that he crosses this intersection daily and that there is a very steady stream of young children crossing at the subject location, not~ any large groups, but arriving two or three at a time constantly. Mr. Granzow noted that one of the reasons it is recommended that the walkway be removed is because Harbor Boulevard is so narrow in this location that once off the sidewalk, a pedestrian is immediately in the traffic lane. Councilman ?ebley asked if the changing the speed limit to 30 m.p.h. rather than 35 m.p.h, would be of any benefit. Mr. Granzow advised that Harbor Boulevard is a major arterial highway, carrying a traffic volumn of 26,000 per day, that they have discovered that 'the 85 percentile speed is between 38-39 m.p.h, and consequently the speed has been set at 35 m.p.h, and anything lower than that would be impossible to enforce. Councilman Dutton inquired whether any pedestriam traffic study was initiated at the intersection, to which Mr. Granzow replied that foot traffic was counted only durin~ the periods of going to and from school and this was not sufficient to meet the warrants for a traffic signal. In answer ~o Councilman Sneegas, Mr. Granzow advised that the install- ation of an unjustified traffic signal usually results in an increase in traffic accidents rather than a decrease, and at this location where the total reported number of accidents are five for the last three years, he would estimate that number to double or even triple if a signal light were installed. Councilman Thom suggested that the City install a warning light such as a yellow flashing Signal over the crosswalk. Mr. Granzow stated he would not recommend this, since a warning light has no meaning and is~not enforceable; it merely says"be careful at this location". 73-1017 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. Councilman Dutton asked for Mr. Granzow's reaction to a push button activated traffic signal. Mr. Granzow replied that this would perform a function at subject location, however the cost of same (approximately $50,000) seems to be prohibi- tive and further it might be detrimental to the traffic flow on Harbor which must be maintained in order to move the large volumn of traffic. He noted that each time the button was pushed to activate the red signal for a pedes- trian, the synchronization of traffic signals on Harbor Boulevard would have to be adjusted. In response to Councilman Sneegas's query, regarding additional lighting over the crosswalk, Mr. Granzow remarked that this might be beneficial. Further discussion was directed to the possibility of eliminating right turns at the red signal on La Palma Avenue in order to establish suffi- cient traffic breaks to allow the pedestrians an opportunity to cross, and Mr. Granzow suggested that prior to implementing this, an investigation of the gaps in traffic as they currently exist be made, and then, if these are not deemed sufficient, a"no right turn on red signal"could be initiated and its effects analyzed. He further suggested that if posting "no right turns on red signal"is accomplished at La Palma that the same be implemented at the intersection of North Street and Harbor Boulevard. By general Council consent, the Traffic Engineer was authorized to make an analysis of the right-hand-turn movement onto Harbor Boulevard from both La Palma Avenue and North Street to see if the right-hand-turns on the red light still provides for a substantial time break for pedestrians to cross. Further discussion to be held when the results of this investigation are known and those individuals who have expressed an interest will be notified when the matter again comes before Council. DESIGN SERVICES - THREE PROPOSED PARK BUILDINGS (BOYSEN; TWILAREEDANDMANZANITA PARKS): Mr. Dick Kamphefner, Park Superintendent, presented a proposal from Mr. Floyd E. Weaver, to perform construction drawings for three park buildings, the costs of which based on an estimate of the number of hours required, are as follows: Boysen Park, $1,800; Twila Reed, $3,000; Manzanita, $2,400. Services to be performed by Mr. Weaver would include preliminary drawings, working drawings, building committee review and site inspections. However, not included in this proposal are the services of a mechanical and/or electrical engineer, field surveying and site engineering. Mr. Kamphefner added that it is the intent of Parks and Recreation Department to prepare the plot plans for the three buildings in-house as well as to suggest materials of construction. They feel that if they work with the individuals involved and provide the supervision that the cost 0f these buildings would be considerably less than it would be to hire an architect. Mr. Watts inquired as to who wonld perform the mechanical, electrical and engineering architectural services for these three project, to which Mr. Kamphefner replied that they intent to contract for this work individually, noting that they have in mind an electrical engineer who has been involved in design of the parks and is knowledgeable regarding the electrical facilities therein. Councilman Thom remarked that usually, when an architect is hired, he performs or supplies all structural, electrical %nd engineering services. Mr. Kamphefner stated that Parks and Recreation is attempting to avoid hiring of an overall project architect since they do not feel that these three proposed structures require creative design work, and also since they basically find they have been doing this type of work in the past since the architects hired were not cognizant of the special problems with maintenance and vandalismWith which the Parks system must cope. Councilman Pebley voiced the opinion that for such a project an architect would usually bid for a 6% fee of the total estimated cost, which for these proposed structures would amount to approximately a $7,200 fee. 73-1018 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. He further noted that this is also the entire amount being bid by Mr. Weaver, with the exclusion of mechanical and electrical engineering services, these to be in addition to his fee. Further, he stated that with the employment of Mr. Weaver for partial architectural services, there is no sole responsibility for the structure as there would be with one project architect. Mr. Murdoch concurred with cOuncilman Pebley, however he noted that with this size project, the architect would more likely bid at 74 or 8% of the total project costs, which would be comparable to one Mr. Weaver has proposed. The total responsibility for the project would be incumbent upon this project architect and all mechanical, electrical, field surveying and site engineering as well as supervision would be included. Mr. Kamphefner noted that the Parks and Recreation Department has mot been completely satisfied with the supervisory services supplied on Park pro- jects by previous architects and that they propose to do much of this themselves. Mr. Murdoch suggested that action on this proposal be withheld to allow time to investigate the architectural approach and the cost of same, or the method by which Mr. Weaver would be employed, but that he accepts similar responsibility as a project architect for these structures, which he is able to do under his license as a structural engineer. Mr; Murdoch felt that the costs for mechanical and electrical engineering services which would be re- quired in addition to Mr. Weaver's proposal be included in the presentation. He felt it would be appropriate to discuss the inclusion in the arrangement for field surveying and site engineering. If the responsibility for the projects are to be split as proposed, then the degree of responsibility to be assigned to each of those involved should be delineated. By general consent, the City Council withheld action on the proposal presented by Mr. Kamphefner pending further report. RESOLUTION NO. 73R-594 - NOTICE OF GE.NERAL MUNICIPAL ELECTION - APRIL 9! 1974:. Councilman Stephenson offered Resolution No. 73R-594 for adoption, Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 9TH DAY OF APRIL, 1974, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and D~tton None None The Mayor declared Resolution No. 73R-594 duly passed and adopted. RESOLUTION NO. 73R-595 - SUBMISSION OF CHARTER AMENDMENT TO THE ELECTORS: Councilman Sneegas offered Resolution No. 73R-595 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM, CALIFORNIA, ORDERING THE SUBMISSION TO THE ELECTORS OF SAID CITY OF A PROPOSAL FOR AN AMENDMENT TO THE CHARTER OF SAID CITY AT THE GENERAL MUNICIPAL ELEC- TION TO BE HELD IN SAID CITY ON APRIL 9, 1974. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-595 duly passed and adopted. 73-1019 ~ity Hall~ Anaheim~ Californi~ - COUNCIL MINUTES - December 18.t 1973~ 1:30 P.M. RESOLUTION NO. 73R-596 - REVENUE SHARING AGREEMENTS - COUNTY OF ORANGE (TWILAREED PARK SiTs): Councilman Sneeg~s offered Resolution No. 73R-596 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A REVENUE SHARING A~REEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF ANAHEIM IN CONNECTION WITH THE TWILAREED PARK SITE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EX]~CUTE SAID AGREEMENT. ($200,000 City of Anaheim and County of Orange costs each) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-596 duly passed and adopted. RECESS: Councilman Pebley moved for a ten-minute recess. Councilman Dutton seconded the motion. MOTION CARRIED. (3:55 P.M.) AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present. (4:05 P.M.) RESOLUTION NO. 73R-597 - AGRE~E~ENT - ZION LUTHERAN CHURCH (CROSSING GUARD AT THE INTsRSECTION OF EAST AND CYPRESS STREETS): Councilman Sneegas offered Resolution No. 73R-597 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE ZION LUTHERAN CHURCH AND THE CITY OF ANAHEIM PROVIDING FOR THE SERVICES OF A CROSSING GUARD AT THE INTERSECTION OF EAST AND CYPRESS STREETS. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-597 duly passed and adopted. RESOLUTION NO. 73R-598 - LICENSE - ROCKWELL INTERNATIONAL CORPORATION {AIR POLLU- TION MONITORING STATION - CHAP.ARRAL P~}~ councilman sneegas Offered ReSolution No. 73R-598 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT GRANTING ROCKWELL INTERNA- TIONAL CORPORATION A LICENSE TO PERFORM CERTAIN ENGINEERING SERVICES AT THE CHAPARRAL PARK SITE IN ANAHEIM. R011 Call Vote: AYES: COUNCILM~N: NOES: COUNCILM]~N: ABSENT: COUNCILI~N: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-598 duly passed and adopted. RESOLUTION NO. 73R-599 - DONALp J. FEARSt ARCHITECT - BRANCH LIBRARY: Councilman Stephenson offered Resolution No. 73R-599 for adoption.' Refer to Resolution Book. 73-1020 City Hall, Anaheim~ California - COUNQIL MINUTES -_December 18~ !973~ 1:30 P.M, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM APPROVING A CON- TRACT FOR ARCHITECTURAL SERVICES BETWEEN DONALD J. FEARS, ARCHITECT A.I.A., AND THE CITY OF ANAHEIM, AND AUTHORIZING THE EXECUTION THEREOF. (Not to exceed $27,000) Roll Call Vote: AYES: COUNCILMEN: Stephenson, Sneegas, pebley, Thom and Dutton NOES: COUNCILMEN: None AB SENT: COUNCILMEN: Nome The Mayor declared Resolution No. 73R-599 duly passed and adopted. RESOLUTION NO. 73R-600 - TRANSFER OF C~RTAIN TERRITORY TO THE CITY OF FULLRRTON: CounCilman Sneegas offered ResOlutiOn No. 73R-600 for ad6ption, -' Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE TRANSFER FROM THE CITY OF ANAHEIM TO THE CITY OF FULLERTON OF CERTAIN TERRITORY CONTIGUOUS TO THE CITY OF FULLERTON UPON CONSENT OF ALL THE PRO- PERTY OWNERS. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-600 duly passed and adopted. RESOLUTION NO. 73R~601 - ARTERIAL HIG~WAY FINANCING PROGRAM~ HIGMWAY IMPROVEMENT PROJECTS (1974-75). Councilman StephemsOn offered ResOiu'tion No, 73R-60~ f°r adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PRO- GRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS. (1974-1975) (Serrano Avenue from Canyon Rim Road to Hidden Ca~yon Road - two street - $285,000; Fairmont Boulevard - Santa Aha Canyon Road to Canyon Rim Road,- $112,000) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-601 duly passed and adopted. CORRESPONDENCE: The following correspondence was ordered received and filed, on motion by Councilman Pebley, seconded by Councilman Stephensom: a. Butler, Ruff & Harrigan - Representing PRIDE - Regarding a permit and license fee waiver for'a solicitor's license. b. Anaheim City gchool' District - Request to reopen the public dis- cussion on the bicycle route in Anaheim. c. Francis Scott Key PTA - Requesting to reconsider the proposed bicycle route in Anaheim. d. City of Tustin - Resolution No. 73-77 - Opposing the split of the present Orange County Telephone Directory into two separate directories. e. City of Seal Beach - Resolution No. 2270 - Requesting the directors and officers of the League of California Cities to refrain from taking a posi- tion on ballot measures of statewide interest prior to a vote of all member cities. 73-1021 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 187 1973~ 1:30 P.M. f. Seal Beach Chamber of Commerce - Resolution - Opposing the rules and regulations set forth by the Environmental Protection Agency establishing parking facility surcharges and parking fees and further recommending to the Congress of the United States of America that they review and revise the Air Quality Control Act of 1970. g. City of San Juan Capistrano - Resolution No. 73-11-26-3 Urging the Orange County Health Planning Council to Maintain the Property "Consumer-Provider" Membership Ratio. h. City of La Palma - Resolution No. 73-66 - Urging the Orange County Board of Supervisors to maintain a comprehensive, coordinated and effective County Planning Department. i. Orange County Mosquito Abatement District - Minutes - November 15, 1973. j. Anaheim Public Library Board - Minutes - October 15, 1973. k. Community Redevelopment Commission - Minutes - November 15, 1973. 1. Financial and operating reports for the months of October and November, 1973: Anaheim Fire Department ( Anaheim Police Department ( Water Division ( October Electrical Division ( Building Division ( Customer Service Division ( November MOTION CARRIED. APPLICATION FOR CERTIFICATE OF COMPLIANCE BEFORE THE F.C.C. - THETA CABLE: Notice of application for Certificate of Compliance by Theta Cable of California before the Federal Communications Cormmission, to commence operation of a new cable television system s~rving.the City of Anaheim, California, was submitted and ordered received and filed, on motion by Councilman Sneegas, seconded by Councilman Dutton. MOTION CARRIED. ORDINANCE NO. 3235: Councilman Stephenson offered Ordinance No. 3235 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.52, SECTION 18.52.060 (3) OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Site Development Standards - Fences and Walls) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3235 duly passed and adopted. ORDINANCE NO. 3236: Councilman Sneegas offered Ordinance No. 3236 for adoption. Refer to Ordinamce Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14~ CHAPTER 14.32~ gECTION 14.32.190 PERTAINING TO PARKING. (No Parking Anytime - Romneya Drive, north side - Dresden to Euclid; south side - Arbor to Euclid) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3236 duly passed and adopted. 73-1022 City Hall, Anaheim~ California - COUNCIL MINUTES - December .18~ 1973! 1:30 P.M. ORDINANCE NO. 3237: Councilman Stephenson offered Ordinance No. 3237 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAF~IM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (7.2-73-36 - R-3) Roll Call Vote: AYES: COUNCIkMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton Nome Nome The Mayor declared Ordinance No. 3237 duly passed and adopted. ORDINANCE NO. 3238: Councilman Dutton offered Ordinance No. 3238 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-23 - C-i) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3238 duly passed and adopted. ORDINANCE NO. 3240 - PUBLIC RECREATIONAL ZONE: Councilman Sneegas offered Ordinance No. 3240 as an Urgency Ordinance for addption. Said ordinance was read in full by the City Clerk. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 18.86 THERETO, RELATING TO ZONING. (Creating Public Recreational Zone, Description and Purpose) Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Ordinance No. 3240 duly passed and adopted. ORDINANCE NO. 3241: Councilman Stephenson offered Ordinance No. 3241 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3105, NUNC PRO TUNC, RELATING TO ZONING. (69-70-43 (2) ) ORDINANCE NO. 3242: Councilman Dutton offered Ordinance No. 3242 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 15, CHAPTER 15.04, SECTION 15.04.010 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE BUILDING CODE. (Building Code, Adoption of Appendix, Chapter 13 of 1970 Code) ORDINANCE NO. 3243: Councilman Sneegas offered Ordinance No. 3243 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-18 - R-3) 73-1023 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. ORDINANCE NO. 3244: Councilman Stephenson offered Ordinance No. 3244 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-21 - R-A - Mohler Drive No. 2 Annexation) ORDINANCE NO. 3245: Councilman Dutton offered Ordinance No. 3245 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (68-69-37 (9) M-l) ORDINANCE NO. 3246: Councilman Sneegas offered Ordinance No. 3246 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-53 - R-S-5000) ORDINANCE NO. 3247: Councilman Stephenson offered Ordinance No. 3247 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-46 (4) - R-A) ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: On motion by Councilman Dutton, seconded by Councilman Stephenson, the City Attorney was authorized to file conditional protests with the Alcoholic Beverage Control Board against the following appli- cations for Alcoholic Beverage Licenses on the basis of zoning: Application submitted by Alfred and Gena Bassin for on-sale beer at Potpourri, 1514 West Broadway. Application submitted by Bill Skinner, Jr., for off-sale beer and wine at Westco Stations, Inc., 301 South Euclid. MOTION CARRIED. RESOLUTION NO. 73R-602 - AGREE~MENT; JOINT CONSTRUCTION OF SWIMMING POOLS; KATELLA; LOARA; MAGNOLIA AND SAVANNA HIgH SCHOOLS: Councilman Sneegas offered Resolution No. 73R-602 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT FOR THE JOINT RECREATIONAL USE OF FOUR SWIMMING POOLS AT KATELLA HIGH SCHOOL, LOARA HIGH SCHOOL, MAGNOLIA HIGH SCHOOL AND SAVANNA HIGH SCHOOL, AND PROVIDING FOR PAYMENT OF FIFTY PERCENT (50%) OF THE COST OF CONSTRUCTION THEREOF WITH THE ANAHEIM UNION HIGH SCHOOL DISTRICT. (City of Anaheim cost, $421,156.00) Roll Call Vote: AYES: COUNCILM~N: NOES: COUNCIkMBN: ABSENT: COUNCILM~N: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-602 duly passed and adopted. RESOLUTION NO. 73R-603 - AMENDING SECTION I~ RESOLUTION NO. 73R-491~ ESTABLISHING COMPENSATION RATE - CITY CLERK: Councilman Dutton offered Resolution No 73R-603 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTABLISHING A RATE OF COMPENSATION FOR A JOB CLASS, AND AMENDING SECTION I OF RESOLUTION NO. 73R-491. 73-1024 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-603 duly passed and adopted. APPOINTMENT - ALONA M. FARRENS~ CITY CLERK: Inasmuch as City Clerk Dene M. Daoust has given notice of her retirement to be effective January 4, 1974, Councilman Pebley moved that Alona M. Farrens, Deputy City Clerk, be appointed City Clerk of the City of Anaheim, effective January 4, 1974 as recommended by Mrs. DaouSt. Councilman Sneegas seconded the motion. MOTION CARRIED. APPOINTMENT - LINDA D. ROBERTS~ DEPUTY CITY CLERK: On recommendation of Mrs. Farrens, Councilman Pebley moved that the appointment to Deputy City Clerk of Mrs. Linda D. Roberts, effective January 4, 1974 be approved. Councilman Sneegas seconded the motion. MOTION CARRIED. APPOINTMENT - ALAN R. WATTS~ CITY ATTORNEY: On motion by Councilman Sneegas, seconded by Councilman~Thom, Acting City Attorney Alan R. Watts was appointed City Attorney, effective immediately. MOTION CARRIED. CONFLICT OF INTEREST DISCLOSURE MEASURE: City Attorney Alan Watts reported that an opinion is in preparation and wil'l be distributed to Council, appointed Commis- sioners and Department Heads regarding the State Legislature's Conflict Of Interest Disclosure Measure which will be effective January 1, 1974. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS: Mr. Watts reported that City Attorneys throughout the State of California have held two meetings regarding the pro- posed Environmental Protection Agency Transportation Control Plan, Rules and Regulations, and that the City of Anaheim as well as 200 other public and private agencies have filed petitions for review of these regulations. He advised that there will be another meeting of the City Attorneys for the purpose of coordin- ating filing of petitions and for review of actions. Mr. Watts recommended that litigation be pursued. As far as complex source regulations are concerned, he reported that the E.P.A. has not backed off of these and that they will have a great impact on Orange County. RESOLUTION NO. 73R-604 - ESTABLISHING NEW JOB CLASSIFICATIONS - ASSISTANT TO THE. ELECTRICAL SUPERINTENDENT AND STREET SIGN LEADMAN: On report and recommendation of the Personnel Director, Councilman Pebley offered Resolution No. 73R-604 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 73R-491 AND RESOLUTION NO. 73R-488 AND ESTABLISHING TWo NEW CLASSIFICATIONS. Roll Call Vote: AYES: COUNCILMEN: NOES: ~COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-604 duly passed and adopted. RESOLUTION NO. 73R-605 - AMENDING RESOLUTION NO. 73R-496 PERTAINING TO PERSONNEL RULE NO. 5: On report and recommendat{on of the Personnel Director, Councilman Pebley offered Resolution No. 73R-605 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 73R-496 PERSONNEL RULE NO. 5 - HOURS OF WORK AND PAY DAY. Roll Call Vote: 73-1025 City Hall; Anaheim; California - COUNCIL MINUTES - December 18; 1973; 1:30 P.M. AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 73R-605 duly passed and adopted. RESOLUTION NO. 73R-606 - AMENDING RESOLUTION NO. 73R-537 PERTAINING TO PERSONNEL RULE NO. 6: On report and recommendation of the Personnel Director, Councilman Stephenson offered Resolution No. 73R-606 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 73R-537 PERSONNEL RULE NO. 6 - PREMIUM PAY. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-606 duly passed and adopted. RESOLUTION NO. 73R-607 - AMENDING RESOLUTION NO. 73R-540 PERTAINING TO PERSONNEl. RULE NO. 16: On report and recommendation of the Personnel Director, Councilman Dutton offered Resolution No. 73R-607 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 72R-540 PERSONNEL RULE NO. 16 - VACATION. Roll Call Vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-607 duly passed and adopted. RESOLUTION NO. 73R-608 - AMENDING RESOLUTION NO. 72R-504 PERTAINING TO PERSONNEl, RULE NO. 17: On report and recommendation of the Personnel Director, Councilman Dutton offered Resolution No. 73R-608 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLU- TION NO. 72R-504, PERSONNEL RULE 17 - SICK LEAVE. Roll Call Vote: AYE S: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None None The Mayor declared Resolution No. 73R-608 duly passed and adopted. CITY EMPLOYEES' DENTAL INSURAN.CE RECOMMENDATIONS: Personnel Director Garry McRae reported that apparently when the matter of City employees' dental benefits was discussed at the Council meeting held November 27, 1973, certain state- ments relative to the pre-paid plan offered by Dr. Kaufman were misconstrued and therefore the following letter was sent to Dr. Gubler to clarify the situation. Mr. McRae thereupon requested said letter be submitted for Council information and spread in full upon the Minutes and that Dr. Gubler be so advised: 73-1026 City Hall~ Anaheim, California - COUNCIL MINUTES - December 18, 1973, 1:30 P.M. "Dr. Richard Gubler, Chairman Orange County Dental Society Dental Care Committee Dear Sir: Regarding my presentation to the Anaheim City Council on November 27, 1973, at no time did I or Mr. Tyre intend to imply or represent that you endorsed or supported the clinic's of James Kaufman, D.D.S., Inc. Apparently, my remarks were so interpreted. I affirm that you did not endorse or infer endorsement in any manner of the clinic of James Kaufman, D.D.S., Inc in our recent association. I apologize for any inconvenience this matter may have caused you. Sincerely, Garry O. McRae, Personnel Director" EMPLOYMENT OF MR. WILLIAM HEPBURN - MANPOWER PLANNER: Mr. Robert M. Davis, Assistant City Manager, reported that due to recent Federal Legislation, the responsibility for Manpower Planning has been delegated to cities with a population of 100,000 or larger. To assist in the preparation of a plan for future funds, the Depart- ment of Labor has forwarded a grant to the City of Anaheim in the amount of $25,000 with which it is proposed that the City hire Mr. William Hepburn, by contract,for a period of one year to prepare the total plan for the City of Anaheim. Mr. Hepburn is a Manpower Development Specialist, presently employed by the Department of Labor in Washington, D. C. He would come to the City under an inter-governmental personnel act program, through which the City of Anaheim would pay 51% of his Federal salary and.benefit cost and the Federal Government the balance. The City's portion to be funded from the $25,000 grant received. At the termination of the contract period, Mr. Hepburn would have the option of returning to the Federal Government or of becoming a City employee, if the City choose to offer him a job in the Manpower field. City. Councilman Thom asked specifically what Mr. Hepburn would do for the Mr. Davis replied that manpower planning for the City of Anaheim will include the P.E.P. Program, if this is continued, vocational rehabilitation programs and related matters, many of which are currently handled by the County under the Manpower Area Planning Council. He advised that the City of Anaheim's needs in the manpower area must be defined and the plans made in order to admin- istrate the Federal Funds which will be received during Fiscal Year 1974-75. Councilman Thom asked whether H.R.D. is involved, to.which Mr. Davis replied that they will also be included and will contribute to the total program. Mr. Murdoch pointed out that as of legislation enacted December 17, 1973 by the United States Congress, cities of over 100,000 population are now in the manpower business, the funds for which will be made as grants to local jurisdictions. The $25,000 grant is to provide the City's plan for Fiscal Year 1974-75. He advised that in an area such as Orange County, planning should be done as much as a joint effort as possible, and that this has been discussed with the County Administration Officers and recommended on an administrative basis to the Board of Supervisors. It is anticipated that a County-wide man- power program will ultimately be developed. On motion by Councilman Stephenson, seconded by Councilman Dutton, the Mayor and City Clerk were authorized to execute a one-year contract with the Manpower Administration to employ Mr. William Hepburn as Manpower Planner for the City of Anaheim, at a yearly salary of $21,366.00, beginning January 20, 1974. MOTION CARRIED. 73-1027 City Hall~ Anaheim~ Californi&- COUNCIL MINUTES - December 18~ 1973~ 1:30 P.M. MOTION TO DECLARE DECEMBER 24 AND DECEMBER 31~ 1973 CITY HOLIDAYS: Councilman Thom moved that inasmuch as Ch~zistmas Day and New Year's Day fall on Tuesdays this year, and the City Offices will be closed on those dates, that the Mondays preceeding these holidays, i.e., December 24 and December 31, 1973 also be declared as holidays because of the high rate of absenteeism which is antici- pated. In answer to Council questioning, Mr. Garry McRae advised that one day,s payroll amounts to $75,000 and in addition, Police and Fire and any other personnel required to work on these dates despite the declaration of holiday, would then receive overtime pay. The foregoing motion died for lack of a second. Mr. Murdoch stated that he recognized the reality of the situation and that the City policy regarding the two days in question would be that offices whereever possible could be operated on a skeleton crew, however any persons who take the day off must use comp-time or vacation time, so that it is not a free time arrangement. REQUEST - RECONSIDERATION OF B~CYCLR TRAILS: In light of the energy crisis, Councilman Thom remarked that he was of the opinion that many more bicycles would be seen on the streets and that reconsideration of the bikeway systems is warranted. The remainder of the Council adhered to their former positions as given in previous discussion on the matter, i.e., that the cost of striping and signing a bicycle lane is not justified by any proven increase in bicycle safety as a result; and that they would be opposed to removal of on-street parking for purposes of implementing bicycle trails. Mr. Murdoch remarked ~hat one of the areas which might possibly warrant additional consideration is that of recreational bicycle trails using perhaps the flood control channel, Southern California Eidson easements or residential streets, where the parking and traffic conflict would be minimized. He asked whether Council would have any objection to the joint investigation of this aspect of bicycle trail system~ by Parks and Recreation and Develop- ment Services Departments. The City Council indicated no objection to the exploration of this possibility. Councilman Thom reiterated that other cities who have designated bicycle trails have noticed a measurable degree of additional safety. Councilman Sneegas noted that although he has requested statistics on the.safety afforded by having a designated bicycle trail, no city has yet been able to provide these. No further action was taken by the City Council. APPOINTMENT - ORANGE COUNTY MO~S~UITO ABATEMENT DISTRICT: Mayor Dutton reported that Mr. Fred T. Krein has notified him that he can no longer accept the responsibility of representing the City of Anaheim on the Orange County Mos- quito Abatement District. Mayor Dutton thereupon moved to appoint Councilman Sneegas to the Ora~ge County Mosquito Abatement District, replacing Mr. Krein for the ensuing term ending December 31, 1975. Councilman Stephenson seconded the motion. MOTION CARRIED. Councilman Sneegas agreed to accept said appointment. APPOIFR~ENT - CHINO HILLS AIRPORT AUTHORITY: On motion by Councilman Dutton, seconded by Councilman Peb'~ey, Councilman Sneegas was appointed the City of Anaheim representative to the Chino Hills Airport Authority. To this motion, Councilman Thom voted "no". MOTION CARRIED. 73-1028 City Hall, Anaheim' California - COUNqIL MINUTES - DeCember 18, 1973~ !:30 P.M. ADJOURNMENT: Councilman Pebley moved to adjourn to Wednesday, December 26, 1973, 1i:00 a.m. for the purpose of hearing a presentation by Mr. Pete Fielding, General Manager of the Orange County Transit District, regarding transportation corridors. Councilman Sneegas seconded the motion. MOTION CARRIED. Adjourned: 5:10 P.M. City Clerk City Hall, Anaheim, California - COUNCIL MINUTES - December 26~ 1973~ 11~00 A.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRE SENT: ABSENT: PRESENT: COUNCILMEN: Stephenson, Sneegas, Thom and Dutton COUNCILMEN: Pebley ASSISTANT CITY MANAGER: Robert M. Davis CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Daoust TRAFFIC ENGINEER: Ed Granzow PLANNING SUPERVISOR: Don McDaniel Mayor Dutton called the meeting to order. ORANGE COUNTY TRANSIT DISTRICT - ALTERNATIVE TRANSIT CORRIDORS STUDY: Supervisor Ralph Clark stated that his capacity as Chairman of the Orange County Transit District has proven to be the most challenging appointment he has received since active in government. He remarked that this District is not an antiquated, out-dated system with old equipment since Orange County has been primarily agri- cultural and is now highly urbanized, therefore this is a whole new field and an opportunity to develop a brand new modern system which will supply one of the most needed things in the County today - transportation for the people. Interest in the Orange County Transit District at this time is very appropriate, since the O.C.T.D. is engaged in its Transit Corridor Study, which Supervisor Clark commented was the most important step in Orange County since the advent of the Santa Ana Freeway. He further voiced the opinion that Anaheim is a key city in the proposed transit system, because of its size, of the fact that it provides many points of terminus for public transportation, such as Disneyland, the Stadium and Convention Center. Supervisor Clark advised that the O.C.T.D. presentation has been given to various community groups such as the Council on Aging and the Human Relations Commission, as well for individual cities and the Executive Committee meeting of the Orange County League of California Cities° Supervisor Clark then related a brief history of the evolution of the 0.C.T.D. and the makeup of the five-member board which governs it. He commen- ted that the District started operating its first buses in August of 1972, and at that time had 5 buses which carried 25,000 passengers during the first months. He compared this with October of 1973 during which 48 O.C.T.D. buses carried 284,000 passengers. He advised that the first priority when the District was formed was to provide service for the transit-dependent people. The District then went into a schedule of expansion-of these services and hired a consultant to prepare a program for the planned acquisition of 210 buses within five years.. The goal of the 0.C.T.D. is to provide superior bus service, called saturation service,which will serve as the backbone of the entire transit system. He remarked that the District Board recognizes that buses are not the complete