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1972/12/2672 -871 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1 :30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton ABSENT: COUNCILMEN: None PRESENT: CITY MANAGER: Keith A. Murdoch CITY ATTORNEY: Joseph B. Geisler DEPUTY CITY CLERK: Alone M. Farrens FINANCE DIRECTOR: M. R. Ringer CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ADMINISTRATIVE ASSISTANT: John Harding RECREATION SUPERINTENDENT: Lloyd J. Trapp INVOCATION: Reverend Carl Berner of St. Mark's Lutheran Church gave the Invocation. FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meetings held December 5, 12 and 19, 1972 and Adjourned Regular Meeting held December 12, 1972 was deferred to the next regular meeting. WAIVER OF READING ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Councilmen unless, after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,119,263.50, in accordance with the 1972 -73 Budget, were approved. TENTATIVE TRACT NO. 7567 (RECLASSIFICATION NO. 71- 72 -15) EXTENSION OF TIME: Request of Ronald J. Dickerson, Grant Company of California, dated November 29, 1972 was submitted for a one -year extension of time to Tract No. 7567, together with reports of the City Engineer and Development Services Department, both recommending said extension be granted as requested. On motion by Councilman Stephenson, seconded by Councilman Sneegas, a one -year extension of time for Tract No. 7567 was granted as requested, to expire October 19, 1973. MOTION CARRIED. RECLASSIFICATION NO. 71 -72 -49 AND VARIANCE NO. 2370 EXTENSION OF TIME: Request of Loren J. Meyers, dated November 22, 1972 was submitted for a one -year ex- tension of time to Reclassification No. 71 -72 -49 and Variance No. 2370 for compliance with certain conditions pursuant to Resolution Nos. 72R -286 and 72R -287, together with reports of the City Engineer and Development Services Department, both recommending said extension be granted as requested. On motion by Councilman Sneegas, seconded by Councilman Pebley, a one -year extension of time for Reclassification No. 71 -72 -49 and Variance No. 2370 was granted as requested, to expire January 11, 1974. MOTION CARRIED. PUBLIC DANCE PERMIT: Application filed by Allen Tinkley, Sight and Sound Productions for permit to conduct public dance on December 31, 1972 at the Anaheim Conven- tion Center, 800 West Katella Avenue, was submitted and granted subject to provisions of Chapter 4.16 of the Anaheim Municipal Code and that four officers and one matron be hired to police the dance, as recommended by the Chief of Police, on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. FINAL MAP, TRACT NO. 4693: Developer, American National Housing Corporation; tract located on the south side of the Yorba Freeway, east of Kellogg Drive; contain- ing 59 proposed RS -5000 lots. (Reclassification No. 72 -73 -15 E.I.R. No. 41) The City Engineer recommended approval and report that said final map conforms substantially with the tentative map previously approved, 72 -872 City Hall. I paheim, California COUNCIL MINUTES December 26, 1972, 1 :30 P.M. necessary bonds have been forwarded to the City Attorney for approval, and required fees paid. On recommendation of the City Engineer, Councilman Dutton moved that Final Map, Tract No. 4693 be approved, subject to approval of requiredbonds by the City Attorney. Councilman Pebley seconded the motion. MOTION CARRIED.' RESOLUTION N0. 72R -602 AWARD OF WORK ORDER NO 15104 In accordance; with recommen- dations of the City Engineer, Councilman Stephenson. offered'.R*solution No. 72R -602 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE ANAHEIM HILLS GOLF COURSE SNACK SHOP AND RESTROOM FACILITY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1510. (Noble Construction Company $32,700.00) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton NOES: COUNCILMEN: Thom ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -602 duly passed and adopted. RESOLUTION N0. 72R -603 AWARD OF WORK ORDER NO. 941$: In accordance with recommen- dations of the City Engineer, Councilman Sneegas offered Resolution No. 72R -603 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM- PROVEMENT: THE UTILITIES DEPARTMENT OPERATIONS DIVISION U.H.F. RADIO SYSTEM, IN THE CITY OF ANAHEIM, WORK ORDER NO. 9418. (Motorola Communi- cations Electronics, Inc. $51,423.54) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -603 duly passed and adopted. RES9L I 72R -604 DEEDS OF EASEMENT: Councilman Pebley offered Resolution No. t�-6 r for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Carl E. Wagner; Prime Contractors, Inc., et al (2); Dunn Properties Corporation; W P C Development Co.) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -604 duly passed and adopted. T 1 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. PROPOSED ABANDONMENT NO. 72 -7A RESOLUTION NO. 72R -605: Councilman Thom offered Resolution No. 72R -605 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (72 -7A, January 16, 1973, 1:30 P.M.; alley, northwest corner La Palma Avenue and Euclid Street) Roll Call Vote: 72 -873 AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolution No. 72R -605 duly passed and adopted. CANCELLATION OF COUNTY TAXES: On motion by Councilman Stephenson, seconded by Councilman Sneegas, the Orange County Board of Supervisors was requested to cancel County taxes on property acquired by the City of Anaheim for Municipal purposes pursuant to Resolution No. 72R -563, formerly assessed to Bertram W. Nielsen and Inger L. Nielsen, deed recorded December 6, 1972 as Document No. 5373 in Book No. 10459 on Page No. 269, Official Records of Orange County, California. MOTION CARRIED. PURCHASE OF EQUIPMENT WALK -IN CARGO VAN: Mr. John Harding, Administrative Assis- tant, reported that another walk -in cargo van is required in addition to the one authorized on December 12, 1972, as it would not be economical to repair the one presently in service. The specifications for this item are the same as those for the van previously approved, including the modifications made by the City which added options of disc brakes, power steering and larger front springs, and it is recommended that the low bid of McCoy Ford be accepted in the amount of $3,653.95, including tax. On motion by Councilman Thom, seconded by Councilman Pebley, the low bid of McCoy Ford was accepted together with the modifications previously re- quested by the City, and purchase authorized in the amount of $3,653.95, in- cluding tax. MOTION CARRIED. PURCHASE OF EQUIPMENT TWO DISTRIBUTION TRANSFORMERS: The Administrative Assistant reported on informal bids received for the purchase of two distribution trans- formers for the Electrical Division as follows and recommended acceptance of the Low bid: VENDORS TOTAL AMOUNT, INCLUDING TAX McGraw Edison, Los Angeles Westinghouse Electric Supply, Anaheim Maydwell Hartzwell, Los Angeles General Electric Company, Anaheim 1 $10,594.50 10,854.90 11,424.00 11,773.65 Councilman Thom noted the stipulation that there will be a 30 -week delay in delivery on this item by the low bidder and since the sales tax will have increased by that time, perhaps it would be advisable to authorize pur- chase at cost, plus applicable sales tax. On motion by Councilman Thom, seconded by Councilman Pebley, the low lid of McGraw Edison was accepted and purchase authorized in the amount of $10,090.00 plus tax. MOTION CARRIED. 'IJRCHASE OF EQUIPMENT SIX STANDARD SIZE SEDANS 119 INCH WHEEL BASE: The Admin- istrative Assistant reported that on December 12, 1972, McCoy Ford was awardeu Quote No. 542 for six standard size sedans as low bidder on these items. Following, this action, it was reported that McCoy Ford had quoted on their Custom 560 model and not their "top of the line" (L.T.D.) as called for _1 Ci. 72 -874 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1 :30 P.M. specifications. Therefore, it is recommended the previous award to McCoy Ford be rescinded as not meeting specifications and the quote awarded to McPeek Chrysler Plymouth, as the low bidder. The amended quotes are as follows: VENDOR TOTAL AMOUNT, INCLUDING TAX McCoy Ford, Anaheim McPeek Chrysler Plymouth, Anaheim Santa Ana Dodge, Santa Ana La Habra Dodge, La Habra On motion by Councilman Stephenson, seconded by Councilman Sneegas, action authorizing purchase from McCoy-Ford was rescinded as said. quote did not meet specifications. MOTION CARRIED. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the low bid of McPeek Chrysler Plymouth was accepted and purchase authorized in the amount of $22,220.10, including tax. MOTION CARRIED. CLAIMS AGAIN FT 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 Randall F. Milkowski for purported personal injuries sustained in accident with City street sweeper, on or about October 3, 1972. b. Claim submitted by Mrs. P. J. Hallmeyer for purported personal property damage caused by collision involving City vehicle, on or about October 25, 1972. c. Claim submitted by Mr. Jack B. Skellenger for purported personal property damage sustained in accident with Anaheim Police vehicle, on or about December 1, 1972. MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Thom, seconded by Councilman Stephenson: a. Financial and Operating Reports for the Month of November, 1972: Engineering Division Fire Department Water Division City Treasurer b. Anaheim Parks and Recreation Commission Minutes November 16, 1972. MOTION CARRIED. ORDINANCE NO, 3115: Councilman Dutton offered Ordinance No. 3115 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.12, BY ADDING SUCTION 1.12.080 PERTAINING.TO THE DESTRUCTION OF COPIES OF CITY RECORDS. Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3115 duly passed and ade.,ptsd.-, ORDINANCE NO. 3116: Councilman Stephenson offered Ordinance No. 3116 for adoption. $23,886.14 22,220.10 22,346.42 22,799.32 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (56 -57 -76 (4) M -1) Roll Call Vote: AYES: COUNCILMEN: Sneegas, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Ordinance No. 3116 duly passed and adopted. ORDINANCE NO. 3117: Councilman Pebley offered Ordinance No. 3117 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66 -67 -64 (9) M -1) PROPERTY INSURANCE POLICY RENEWAL ALLENDALE INSURANCE COMPANY: The Finance Dir- ector reported on property insurance proposals received for renewal policy to be effective January 1, 1973. He advised that proposals were received from Pacific Insurance Company and Firemen's Fund for three -year term policies with premiums of $337,105.00 and $341,235.00 respectively. The Allendale Insurance Company proposal is for a five -year term at a net cost of $332,937.00, which reflects an estimated dividend of $48,142.00 for proposed five -year policy ending December 31, 1977. The only proposed change in the current policy with Allendale is an increase in the deductible amount from $1,000.00 to $50,000.00 for fire and extended coverage, amounting to savings in premiums of $121,443.00 over the five -year period, however, the risk assumed by the City in its insurance pro- gram would increase. Further, Mr. Ringer reported that Allendale has advised his office of a dividend of-$103,000.00 for the five -year policy terminating December 31, 1972, which will be refunded to the City. In answer to Councilman Stephenson's question as to whether or not the other companies also bid on a $50,000.00 deductible policy, Mr. Ringer advised they had received such proposals, but that Allendale Insurance Company was low in both cases. Mr. Ringer recommended that the City Council establish a five -year policy with Allendale Insurance Company. On motion by Councilman Stephenson, seconded by Councilman Sneegas, the property insurance renewal policy proposal from Allendale Insurance Company was accepted, said five -year policy to be effective January 1, 1973 to December 31, 1977 with net premium of $332,937.00 as recommended by the Finance Director. MOTION CARRIED. NAMES FOR NORTH AND WEST ELECTRICAL SUBSTATIONS: Mr. John Harding reported on recom- mended names for the north and west substations received from the Utilities Department. The substation located southwest of the intersection of Ball Road and Magnolia is proposed to be named Clair Substation. Clair was established as a post office in 1895 at the corner of Cerritos and Magnolia Streets and dis- continued in 1898. The substation at the northeast intersection of Pauline Street and La Palma Avenue is proposed to be named Sharp Substation. Mr. E. C. Sharp was the first Electrical Engineer hired by the City in April of 1895. On the recommendations of the City Manager and Utilities Director, it was moved by Councilman Stephenson, seconded by Councilman Pebley, that the west substation be designated Clair Substation, and the north substation be designated Sharp Substation. MOTION CARRIED. REQUEST FOR FUNDS BOXING AND RELOCATING TREES: Request that $12,000.00 be trans- ferred from the Council Contingency fund for the purpose of boxing and relocat- ing approximately 100 trees as a result of the Ball and Magnolia street widen- ing project, was submitted by Mr. John Harding. He advised that the estimated cost to purchase similiar mature trees at current prices would be $40,000.00. Mr. Lloyd Trapp enumerated the types and sizes of trees planned for relocation and advised that they proposed to move them to parks and recreation areas throughout the City. 72 -875 72 -876 City Hall, Anaheim California COUNCIL MINUTES December 26, 1972, 1:30 P.M. In response to Councilman Dutton's question as to who would move these trees, the City Engineer advised that the street improvement contractor will perform the actual moving under the direction of the Parks and Recreation Depart- ment. He stated that that portion of the gas tax funds which would cover the cost of transplanting the trees laterally several feet, would be applied to the total costs of moving the trees, however, there is an additional estimated cost of $12,000.00 required to complete the relocation. Councilman Pebley inquired whether there is any guarantee that the trees, once they are moved, would live. Mr. Trapp advised that the cost of such a guarantee would make the proposed relocation prohibitive. On motion by Councilman Thom, seconded by Councilman Sneegas, the transfer of $12,000.00 from the Council Contingency fund for the purpose of boxing and relocating said trees, was authorized. MOTION CARRIED. ALLEY IMPROV$MENT IN CONJUNCTION WITH TRACT NO. 5162: Recommendations of the City Engineer that the existing 20 -foot alley located east of Brookhurst, north of Ball Road be reconstructed in conjunction with the improvement of an additional ten feet on the west side of said alley by the developer of Tract No. 5162, was submitted for Council consideration by Mr. John Harding. The approximate costs of this project within the existing 20 -foot alley is $13,500.00 and is not a budgeted item. Pictures of the alley in its present state were presented and reviewed by all Councilmen. Mr. Maddox reported that the original alley is totally inadequate for traffic or drainage purposes and the addition of a ten -foot portion by the de- veloper will not suffice to correct this problem. In addition the alley is pre- sently in a bad state of disrepair as evidenced by the pictures. Councilman Pebley asked why the City should not sell this alley to the developer of the tract and allow it to be improved by him. Mr. Maddox advised that this is primarily a drainage alley and is the only outlet for a watershed which contributes 71 cfs runoff at this point. It is proposed that the alley be completely reconstructed and lowered to accommo- date this runoff. On motion by Councilman Sneegas, seconded by Councilman Stephenson, on recommendation of the City Engineer, the transfer of $13,500.00 from the Council Contingency fund for the purpose of reconstructing said alley in con- junction with Tract No. 5162, was authorized. MOTION CARRIED. RESOLUTION "KEY 73 Councilman Sneegas read in full a resolution designating noon of December 28, 1972 as "noon prayer call" wherein voluntary call to prayer is urged daily at noon for the two weeks between Christmas 1972 and the weekend of January 6, 1973. Said resolution was unanimously adopted by the City Council and presented to Mr. Ray Cook, who accepted on behalf of the First Presbyterian Church. DEATH OF PRESIDENT TRUMAN NATIONAL DAY OF MOURNING: Mr. Murdoch noted that Thursday, December 28, 1972, has been declared by President Nixon as a National Day of Mourning in memory of the late President Truman, and asked whether Council wished to take any similar action relative to this observance. Discussion was held regarding the ramifications of declaring a day of mourning, specifically as to whether this would require that'City offices be closed. Councilman Thom moved that Thursday, December 28, 1972, be recognized as a National Day of Mourning throughout the City of Anaheim, and further, that closure of City offices be predicated on action taken by the State of California, 72 -877 City. Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. i.e., if the State declares said day a holiday for State offices, City offices will also be closed. Councilman Sneegas seconded the motion. MOTION CARRIED. REQUEST REGARDING CITY OWNED PROPERTY RECEIVED IN FEE FOR SEWER EASEMENT ADJACENT TO TRACT NO. 7911: Mr. Jerry Klein, President, K W Development Company, 111 East Third Street, San Dimas, addressed the Council and referred to his com- pany's original offer to purchase for $1,000.00 a piece of property 25 feet by 450 feet adjacent to property presently being developed as Tract No. 7911 and the Santa Ana River which he proposes to include in the rear yards of seven lots, the City to retain sewer easement. At the Council meeting of December 5, 1972, the original offer of $1,000.00 was rejected by the City Council as not equitable, as the City originally paid $4,700.00 for the property. The Council offered this property for $2,500.00, which offer Mr. Klein now contends was acceptable to him. He stated that he apprised the City Attorney's Office of this fact but that the City Attorney never received his message. That on December 12, 1972 that offer was rescinded and the current terms for sale of this property are $4,700.00 plus 6% interest for each year the property was owned by the City. Mr. Klein now contends that this sum is not an equitable price, citing the fact that the City will still` retain use of the property for sewer easement while the property will additionally accrue taxes. Mr. Klein advised that they will incur additional expenses in building a three -foot high retaining wall along the flood control dike on the property and for gates to allow the City entrance to sewer manholes. In light of these facts, he noted that the property has many problems and requested that the Council reconsider their terms of sale. The Tentative Map of Tract No. 7911 was reviewed by the City Council.. Mr. Geisler advised that no negotiations for sale of this property at a price of $1,000.00 were held with the understanding that the developer would gain an entire lot and further, his office staff doss not recall any telephone conversation or other contact from the K W Development Company regarding acceptance of the $2,500.00 price. Councilman Pebley referred to the tentative map and stated it appeared that the developer would lose two lots if required to redesign the map to ex- clude subject strip of property. Mr. Klein answered that they would probably lose one lot. He con- tended that because of the slope and the sewer easement, the Fair Market Value should be less than $6,000.00, and that it would not be worth that much until additional sums of money are spent in improvement. Councilman Pebisy was of the opinion that the City is justified in asking for the amount of money which they have paid, plus interest, for this property. Following brief discussion, the was purchased in 1965, and .the subsequent that the terms for sale as set previously and by general Council consent authorized Council, noting that the property increase in land values, concurred on December 12, 1972, are equitable no change in these terms. ANAHEIM BIKEWAY CONCEPT: Mr. Edward M. Hartnell, Chairman of the Bikeway Concept Committee of the Parks and Recreation Commission submitted the report prepared by his Committee, together with a letter from Mr. David. Peeler, dated November 22, 1972, recommending that this system be adopted by the City Council. Mr. Hartnell stated that the motivation behind his Committee's activities was t� enhance the'safety of the bicyclist and to encourage greater use of bicycles 1 72 -878 City Hall, Alaaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. which will in turn lead to less traffic congestion and smog because of decreased use of automobiles. Mr. Ed Granzow, Traffic Engineer, reported on the proposed routes for a bicycle commuter system within the City of Anaheim. The proposal is to pro vide a system of streets in the City which would enable the bicyclist to travel north and south, east and west and to connect with existing bicycle systems in other cities. The bikeway system would provide routes on which the bicyclist would not be in competition with traffic and parked cars for road space. He explained that this type of system, unlike a bicycle trails system, would enable a bicyclist to travel to areas throughout the City. The proposed routes were displayed for Council on a large w all map. Mr. Granzow explained that the streets to be designated as primary bikeways were chosen because of their 86 -foot curb -to -curb width, which when designed were planned to accommodate a median strip, two -lanes of traffic and parking. However, these streets have been striped to allow additional width sufficient to accommodate three -lanes of traffic and median without parking, should this become necessary. In this instance, these streets could permit four -lanes of traffic and continuous median strip, parking and a bicycle lane outside of the parking lane. It is proposed that the bicycle lanes be designated and separated from automobile in more congested areas where parking would be a problem with raised curbing and by paint striping and posting in less dense areas. Mr. Granzow ex- plained that the dotted lines shown on the proposed bikeway system map indicate one -way bicycle routes and in many instances parking would have to be eliminated from one side of the street to allow sufficient width for the bicycle path. Mr. Granzow indicated that there are some jogs in the system to take the route around the central business area and to contain the system on streets where there would be less resistance to parking restrictions. The routes as shown on the proposed bikeway concept comprise 80 miles and the total cost, with curbing throughout, is estimated at $600,000.00. If striping and signing only are used, then the cost is estimated at $1,000.00 per mile. In response to Councilman Thom's suggestion that plastic button devices be used to demarcate the bicycle lanes, Mr. Granzow estimated this would cost $700.00 per mile. Councilman Pebley asked whether there are any figures available which would reflect the usage that might be anticipated of such a bicycle system. Mr. Granzow stated that the only city which has a good bicycle system to his knowledge, is the City of Davis in northern California, which is a par ticularly bicycle oriented town because of the university, but no statistics are available. That the City of Newport Beach took a count of 7,000 bicycles on one of its paths on one Sunday. He reported that there are about 55,000 bicycles in the City of Anaheim. Councilman Stephenson remarked that he did not think the people would go out of their way to use such recommended and posted bicycle routes, but would continue to use the most convenient streets. Councilman Sneegas brought to Council's attention the fact that raised curbing used to separate a bicycle lane would pose a problem in connection with the City street sweeping program. Councilman Thom advised that the City of Tustin has had bicycle paths for about seven months and they have noted an increase in traffic on these. Further he was of the opinion the cost of striping and posting would be justified and that increased usage of these paths, especially by those utilizing bicycles for exercise, would be noted. Mr. Granzow additionally noted that these lanes would be marked in the direction of travel which would alleviate some of the problem with bicyclists riding on the wrong side of the road. Councilman Pebley felt that there would be a great deal of justifiable objections to the parking restrictions, should such a plan be implemented. 72 -879 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. Councilman Thom suggested that a public hearing be held for input on this bikeway report and the routes proposed, stating he thinks the report merits this consideration. Mr. Hartnell stressed the fact that there are many citizens interested in bicycling, and it is presently not as safe as it should be for them when riding on the streets, and reiterated that encouraging the use of bicycles will mean that many fewer automobiles traveling about the City. It is his opinion that this is the direction which governmental leaders must take. He stated that need not be a costly project, but urged that some attempt, at/east at striping and signing of bicycle paths, should be undertaken. Councilman Sneegas stated that he was not satisfied that the imple- mentation of this type of system would minimize all of the hazards attendant to riding a bicycle, particularly in the younger child. He suggest the pos- sibility that the bicycle paths would foster a false sense of security which would diminish the rider's awareness of potential hazards, especially when making right turns and regarding cars entering and leaving driveways. He indicated that in his estimation the monetary investment required to establish the bicycle routes would better accomplish the objective if spent on an im- proved safety program addressed to the children and more stringent police enforcement of bicycle laws.- He further advised that in his experience with bicycle accident investigation, the majority of these accidents can be attri- buted to the bicycle rider. Mr. Hartnell concurred that bicycle safety education is important, however restated his position that a bicycle route system should be pursued on an environmental basis. Councilman Dutton stated it was evident that more'facts were necessary prior to Council decision or public hearing in the matter. Councilman Pebley indicated that prior to any public hearing regarding the proposed bikeway system, he would like to see the "Anaheim Newsletter" used to publicize the proposed routes and apprise the businessmen and homeowners along these routes of the possible parking restrictions which may ensue. Councilman Thom remarked that since the current issue of the News- letter was just published, perhaps the publication of routes might be handled by the press. At the conclusion of Council discussion, Councilman Thom moved that the proposed bikeway system report be referred back to the Anaheim Bikeway Concept Committee for further investigation, said Committee to report back within four weeks with additional information gathered from cities with es- tablished bikeways as to the effectiveness of these in reducing accidents and providing a usable commuting system, including data on percentage of use, if possible. Councilman Sneegas seconded the motion. MOTION CARRIED. INTERGOVERNMENTAL COORDINATING COUNCIL: Mr. Murdoch brought to Council's attention certain changes in the draft of the Intergovernmental Coordinating Council charter, one being that upon signature of the County and 13 cities, said Council goes into effect. He recommended, although there is no time limit, that some action be taken by the Council within the next two weeks. Following brief discussion relative to these changes, it was evident that additional time for review of this document was necessary and, by general Council consent, decision on this item was held over one week. REVENUE SHARING FUNDS CONTINUED DISCUSSION: Mr. Murdoch reported on the possi bility of utilizing some of the revenue sharing funds for.an administration building, changing the approach from a serietof- substantial moves into the former'Bank of America building and proceeding with the first phase of a multi -phase construction program :to provide.a.32,000 square -foot building to meet City Hall spacer requirements. Mr. Murdoch explained that one of the first priority items in 72 -880 City Hall, Anaheeim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. revenue sharing discussed last week was a dump site, and since last Tuesday, there has been a meeting with County officials, and they have arranged for some filling in of a series of large excavations on the east side of the Santa Ana River, south of Lincoln Avenue, thereby delaying the urgency for a dump site for approximately two years. This would free $283,000.00 from the 1972 revenue shar- ing budget which could be applied, if it is Council's decision, towards this multi -phase construction program. Mr. Murdoch gave the following suggested rearrangements in priorities for Council consideration, which would make available additional funds for the Civic Center construction: 1. Delay priority (1972 funding) for the dump site to a 1975 alloca tion, which would free $283,000.00. 2. Delay the $50,000.00 appropriation (1972 funding) for remodeling of the Bank of America building. 3. The Vermont Street garage construction (1973 funding $600,000.00) could probably be delayed for 1974 funding, however, preparation of the plans and design could proceed this year. 4. It is anticipated that if the purchase order for fire turck (1973 funding $80,000.00) is placed now it will take approximately one year for manufacture and delivery, therefore .payment could possibly be delayed and in- cluded in 1974 budget. 5. Delay to 1974, construction of the softball diamonds north of La Palma Stadium; however this would not satisfy the need for the ball fields this year and possibly a portion of next year. (1973 funding $180,000.00) 6. From the 1974 revenue sharing budget the Broadway drain activity may have to be moved one year further into the future to 1975 -76. 7. The Community Recreation Center, if this is scheduled for revenue sharing funds, could be moved up to 1976. 8. Possibly the branch library construction should be considered as a bond program, rather than a revenue sharing item, however if included in revenue sharing, this may be delayed to 1976. 9. Lincoln and Katella Avenue landscaping, suggested for the 1974 revenue sharing budget could be moved,to 1975 or 1976. Mr. Murdoch reported that by rearranging time schedules and priorities as described above, it becomes possible that the approximate allocation suggested for 1976 construction of an administrative building could be available in 1973; that although the possibility remains that some budgeted funds could still be required, these alterations would make the start of the multi -phase construction possible in the latter part of 1973. In reply to Councilman Pebley's question as to how much construction is contemplated, Mr. Murdoch answered that approximately 32,500 square feet is recommended in the Civic.Center Study for the first phase. The appropriate first stage of construction would be the wing as proposed by Adrian Wilson, a two -story plus basement facility. The two wings shown in the Adrian Wilson plan were designed to accommodate engineering activities and public contact areas, and the third to include the Council Chamber and associated offices. The remaining por- tion planned would be a tower structure projected to accommodate the City's administrative needs in 1990. Mr. Murdoch offered further comments regarding revenue sharing funds which had not been included in previous discussions relative to the fact that Orange Unified School District has expressed interest in the joint construction of a swimming pool at the high school'to be built on Imperial Highway. Placentia School District has also indicated some interest, but has po definite program as yet and no school census statistics are available to help determine what the cost percentage breakdown would be. Councilman Sneegas stated, in regard to revenue sharing funds, that he had received a letter from a group of..citizens indicating thaw position that these funds should beused to reduce`-property,taxes. He pointed out that al- though he:would very much like to be part of a Council which could effectively reduce property taxes, he feels that utilizing these funds to provide the means of the future, constitutes, in faca, a reduction in future property taxes. Councilman Sneegas `further stated` that he bad beet made aware of the nee(' for softball facilities at the Parks and Recreation COMmission meeting rece.. particularly for use by the Bobby Sox Organization in the ealtern 1 72 -881 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. section of the City, near the Rio Vista School, and inquired'whether it would be possible to place this somewhere in the revenue sharing priorities. Mr. Murdoch replied that normally there is a substantial amount of money in the Parks and Recreation Budget for land acquisition and development, and the softball diamonds would depend upon the relative priorities. He. con- curred with Councilman Sneegas regarding the lack of softball facilities for groups such as the Bobby Sox League, stating that the City facilities had reached the saturation point. In this respect, it is possible to modify the usual community park concept and concentrate more on supplying softball fields, rather than baseball fields. Mr. Lloyd Trapp advised that he has had several meetings with•the Bobby Sox Organization relative to their problem in attempting to locate field space and that they hoped to be able to accommodate this group for the coming year by using surplus school land. The Rio Vista School is scheduled to be enlarged to include the sixth grade,however, so this space will not be available for the following year. Mr. Trapp suggested that future needs can be taken care of with a combination of park and school land on which the sport groups could supply a temporary ball diamond until the park is de- veloped. He stated that Juarez Park is next in their order priority and de- velopment at the Rio Vista site is two -years away. However, once the design for this park is complete any monies spent on installing ball field facilities would be done at its exact location on the permanent site, and this could also be the case with the ball field planned north of La Palma Park. Mr. Murdoch further advised that the softball diamonds proposed for north of La Palma Park are also planned for overflow parking use, as required. Mr. Larry Sierk, of the Anaheim Chamber of Commerce stated that the Chamber has not yet had an opportunity to review the most recent Civic Center Study, and requested that the Council delay decision on this matter until January 23, 1973, as they would like to present their recommendations at that time. Mr. Murdoch advised -that there is not.p esently any requirement that the Revenue Sharing Budget be published by a certain date and pointed out that delaying approval until January 23, 1973 will not adversely effect any of the projects planned for the 1972 -73 Revenue Sharing Budget. Council discussion ensued regarding the employment of an architect for further Civic Center analysis and the potential arrangements and occupancy of the structures on the planned site. Also discussed was the possibility of reorienting the Civic Center concept to extend westerly of City Hall rather than easterly. By general Council consent, further discussion and decision on the Civic Center Study was deferred until Janaury.23, 1973. At the conclusion of Council discussion and review of the remaining items included on the priority list, it was moved by Councilman Thom, seconded by Councilman Pebley, that the Chantilly Storm Drain in the amount of $420,000.00 and the architects fees for joint construction of•swimming.pools with the Anaheim Union High School District in the amount $17,000.00 will be included in the 1972 Supplementary Revenue Sharing Budget. MOTION CARRIED. GRAND JURY INVESTIGATION MURDOCH AND PIERSALL: Councilman Thom stated, that at the request of a group of Anaheim citizens, he wished to'bring before Council once again a request that the City Attorney be_ authorized to negotiate an agree- ment with the State Attorney General's Office relative .to an investigation as recommended by the Orange County Grand Jury, prior to independent action by that group. Councilman Thom thereupon offered a resolution for adoption authorizing the City Attorney to negotiate an agreement with the State Attorney General to pursue said investigation as recommended by the Orange County Grand Jury in their letter dated November 16, 1972. Prior to voting on this resolution, Councilman Dutton stated it was his opinion that this action is premature and recommended that the City Council wait for the report from the City Attorney prior to taking any such action: position. Councilman Thom urged the Council to reconsider their original 1 72 -882 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. Roll Call Vote: AYES: COUNCILMEN: Thom NOES: COUNCILMEN: Sneegas, Stephenson, Pebley and Dutton ABSENT: COUNCILMEN: None The Mayor declared this resolution failed to carry. Councilman Thom requested that the following letter from the 1972 Orange County Grand Jury dated December 14, 1972, addressed to Alan R. Watts, Assistant City Attorney, be made a part of these minutes. "Dear Mr.. Watts: As per .your request of November 28, 1972, the Grand Jury is making available to you the information compiled in the investigation of alleged misconduct in office by Keith Murdoch and Thornton Piersall. The material can be picked up at the District Attorney's Office on or after December 20. The only material not included involves personal communications by individuals which the Jury regards as confidential. The Jury reiterates its•findings.as stated in its letter of November 16 •to the Anaheim City Council "that there are sufficient questions regarding the ethical conduct of Mr. Keith Murdoch and Mr. Thornton Piersall to warrant a thorough investigation by the City of Anaheim into possible violations." The Jury feels that the minutes and records of actions by the Anaheim City Council and the Department of Public Works need to be researched thoroughly in order to assess accurately the roles played by Mir. Murdoch and Mr. Piersall in their official capacities in the planiing and development of roads, sewers, and annexations which re- sulted in. increased value of their properties. It will be up to the City Council to decide whether the lack of disclosure of financial interest in such properties is a violation of Anaheim City Ordinance No. 2783 or of the city's Code of Ethics. Numerous county and other agencies cooperated with the City of Anaheim in its development plans. The actions of these agencies need, to be evaluated to determine, first, whether advance information was svailable to Mr. Murdoch and Mr. Piersall, and second, whether Mr. Murdoch and Mr. Piersall tried to influence decisions made by these other governmental bodies without disclosing their financial interest. Interviews with personnel and study of the files of the following should be made: Orange County Water District; Orange County Planning Commission and Orange County Planning Department; Orange County Road Department; Orange County Sanitation Districts; Local Agency Formation Commission; State Division of Highways; Orange County Flood Control District. Among the matters that the Jury feels merit your special attention are the following: Mr. Murdoch's appearance and speech before the LAFC on October 27, 1972, as. it relates to Joint Venture property and City Ordinance No. 2783, Section 1 (h). the timetable for purchase by the Orange County Water District of land, including Tierro de Oro property, for a spreading basin; all the material relating to the continuing changes in the alignment of La Palma, especially as,it concerns the pro- perties of Tierro de Oro and Barranca del Gazapo; and the events leading up to the resolution passed -by the Anaheim_ City Council on December 29, 1970, which urged the Orange County Sanitation Districts to accelerate their trunk line construction to. the county line. He thereupon made the following statement: 1 City Hall, Anaheim, California COUNCIL MINUTES December 26, 1972, 1:30 P.M. In view of the fact that throughout the investigation no information has been uncovered that disputes any of the facts set forth in the Los Angeles TIMES article, the Jury again states to the Anaheim City Council that "as elected representatives of the voters of Anaheim they are mandated to carry their investigation in this matter to a conclusion satisfactory to the public." Very truly yours, ORANGE COUNTY GRAND JURY /S/ Otto M. Schmidlen Otto M. Schmidlen, Foreman" Councilman Dutton stated he wished to repeat his suggestion to the press that they would find very good story material in the Grand Jury, specifi- cally reporting who the members are, how the jury is selected, the extent of their judicial and investigative expertise, and describing their area of re- sponsibility. Councilman Dutton stated.that in his opinion, the Grand Jury has been far afield and has been involved in a political action. He further remarked that he thinks the first area of responsibility of the incoming Grand Jury should be to investigate the operation of the previous Grand Jury. Mr. Murdoch requested permission to make a statement, remarking that as one of the accused he has never received any communication or recognition from the Grand Jury or the bistrict Attorney's Office regarding this matter. At the time the request was made to the Grand Jury to invest- igate this situation, I did have some faith in the reliability, or at least the integrity, of the Grand Jury regardless of their lack of expertise, and sometimes that expertise has been present. Whether it was or was not in this particular situation, I will not adresss myself to that at the moment. At the time that I did specifically urge that the Grand Jury look into this situation, I also pointed out and requested that if the Grand Jury did not investigate this situation I would specifically ask that the Council do so. I would like to emphasize the latter part of that statement. In my opinion, there has never been an investigation on the part of the Grand Jury to the 'extent that there should be. I know what the facts are in this situation, and I know them well, and even though the Grand Jury points out, at least according to the press, that the reports in the press were substantially correct, as far as they went, this is true. However, they only started in the middle and made all of their assumptions on the basis of less than half of the situation. This is a poor way for anybody to investigate anything or to take any action on it, or to make any statement, particularly publicly. I urge you, please, to get on with this investigation and would hope that you would do it yourselves, because you know better than anyone else what kinds of questions ought to beasked. and you know pretty well what your concerns are and the concerns of the citizens. I have no fear of what questions may be asked, no reluc- tance to give you the straight answers, as I have right down the line. Quite frankly, I think the whole situation has been extremely unfair to both Mr. Piersall and myself, and I hope you will get on with it and not dillydally on this as the Grand Jury has. 72 -883 Councilman Dutton advised that Mr. Murdoch's statement expressed his feelings on the matter also. He noted that the City Council has the power of subpoena and he would expect and suggest, that in the proper order, once the City Attorney has submitted his report, that the City Council will hold a hear- ing on this matter so that the accused may face their accusers. 72-884 aspilm Li pP couvaimuns December 26, 1972. 1:30 Father, Ceuiscilmsn Dutton disagreed with the Grand Jury's Statement that the "UMW article had been substantiated, stating that as be read it, this article amid Nr. Murdoch and NT. Disraeli had purchased property and pro- fited en it with knowledge that was privy to themselves. Neither the Grand. Jury now the District Attorney found that this is true, only that they bad pur- chased the land and had profited from their investment. He stated that he would not think that the State Attorney General would touch the situation since the District Attorney had investigated and had fOund. no criminal conspiracy or vio- lation of any codes. He stated that be hopes the hearing will be held before this City Council as these are the men who know what transpires in this City. ARMENIEELL Sowitess Dutton saved to adjourn. Councilman Sneegas seconded the tiOn; NOM CARRIED. Adjoureeds 3:50 S.M. Signed ate ty