1983/08/16City Hall, Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt (entered at 10:14
a.m.), Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
CITY LIBRARIAN: William Griffith
CITY ENGINEER: William Devitt
ASSISTANT PUBLIC UTILITIES GENERAL MANAGER: Edward Alario
PLANNING DIRECTOR: Ronald Thompson
ASSISTANT DIRECTOR FOR PLANNING: Joel Fick
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A Moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE.; Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Mr. Karl Wray,
Publisher of the Anaheim Bulletin, on the occasion of the newspaper's 60th
anniversary.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held June 7, 1983. Councilman Pickler seconded the motion.
Councilman Overholt was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay moved to waive
the reading in full of all ordinances and resolutions of the Agenda, after
reading of the title thereof by the City Clerk, and that consent to waiver is
hereby given by ail Council Members, unless after reading of the title,
specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilwoman Kaywood seconded the
motion. Councilman Overholt was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,782,902.27, in
accordance with the 19§3-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 83R-324 through 83R-328, both inclusive, for
adoption. Refer to Resolution Book.
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims rejected and referred to Risk Management:
1. Claim submitted by Velda Gaynell McLain for personal property damages
to car purportedly sustained due to an accident caused by a malfunctioning
traffic signal at the intersection of Santa Ana Street and Manchester, on
or about June 28, 1983.
2. Claim submitted by Nancy Sharkey for personal injury damages
purportedly sustained due to a slip-and-fall accident at Anaheim Stadium,
on or about May 13, 1983.
3. Claim submitted by Marsha Lyn, Paul Brian and Lauren Michelle Gerhardt
for personal injury damages purportedly sustained due to failure of the
City to adequately protect claimants from injuries at Anaheim Stadium, on
or about May 13, 1983.
B. Claim allowed payment:
4. Claim submitted by Automobile Club of Southern California, Darrell
Greg Kvenbo, Insured, for property damages to claimant's insured's car
purportedly sustained due to an accident in which a City-owned vehicle was
involved at 2848 North Santiago, Orange, on or about May 1, 1983.
( ~621.06)
2. The following correspondence was ordered received and filed:
a. 107: Planning Department, Building Division--Monthly Report for July
1983.
b. 140: Public Library--Monthly Statistical Summary for June 1983.
c. 105: Public Library Board--Minutes of June 15, 1983.
d. 105: Community Redevelopment Commission--Minutes of June 22, July 6
and 20, 1983.
e. 105: Housing Commission--Minutes of June 29, 1983.
3. 108: Approving an application for a Public Dance Permit submitted by Cruz
Munoz Frias, Anaheim Dance Promotion, to hold a dance at the Anaheim
Convention Center on September 3, 1983, from 6:00 p.m. to 1:00 a.m., in
accordance with the recommendations of the Chief of Police.
4. 151: Authorizing an encroachment agreement with M.C.P. Foods to allow
encroachment within the City right-of-way to modify the existing curb for
unloading fruit at their facility located on the north side of Santa Ana
Boulevard, east of Atchison Street. (83-2E)
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
5. 160: Accepting the low bid of Anaheim Honda-Kawasaki in the amount of
~70,341.60 for 14 police motorcycles, in accordance with Bid No. 4002.
6. 160: Accepting the bid of TFI Materials, Inc., in an amount not to exceed
$38,069.90 for 25,000 feet of 350 KCMIL, URD triplex, secondary wire, in
accordance with Bid No. 3995.
7. 150: RESOLUTION NO. 83R-324: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: OAK
CANYON NATURE CENTER IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
24-810-7103-10110; 16-810-7103-10080; 16-810-7105-10080; AND
16-810-7103-10180. (Bids to be opened September 8, 1983, 2:00 p.m.)
8. 169: RESOLUTION NO. 83R-325: 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: LINCOLN AVENUE TRANSITION ROAD STREET IMPROVEMENT AT OLD LINCOLN AVENUE,
IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3680. (Orange Coast
Contracting, contractor)
9. 180: RESOLUTION NO. 83R-326: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ENCOURAGING ALL CITY OF ANAHEIM EMPLOYEES TO SUPPORT THE
CITY'S SAFETY PROGRAM.
10. 158: RESOLUTION NO. 83R-327: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING A CERTAIN DEED AND ORDERING ITS RECORDATION.
(Margaret Jean Le Vecke)
Ii. 169: RESOLUTION NO. 83R-328: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LA~OR, 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: DALE AVENUE STREET IMPROVEMENT, BROADWAY TO ORANGE AVENUE, IN THE CITY
OF ANAHEIM, ACCOUNT NOS. 24-792-6325-E2900 ~ 53-606-6329-17310-34310.
(Parrot and Wright Construction Company, Inc., contractor)
12o 160: Accepting the low bid of Rafferty International Truck in the amount
of ~15,050.94 for one truck chassis.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Overholt
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-24 through 83R-328,
both inclusive, duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
131/144: CALIFORNIA TRANSPORTATION COMMISSION POLICY ON INTERCHANGES AND
OVERCROSSINGS: City Engineer William Devitt first answered questions posed by
Councilwoman Kaywood relative to the subject policy.
MOTION: Councilwoman Kaywood moved to oppose the California Transportation
Commission's proposed "Interim Guidelines on Cost Sharing for Highway
Interchanges and Separations" and to support the Orange County Transportation
Commission's proposed alternative "Policy on Cost Sharing for Public Road
Connections and Crossings of Freeways," as recommended in memorandum dated
August 9, 1983, from the City Engineer. Councilman Roth seconded the motion.
Councilman Overholt was absent. MOTION CARRIED.
Councilman Overholt entered the Council Chambers. (10:14 a.m.)
140/174: LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) GRANT APPLICATION:
Determining the appropriateness of submitting an application for a Library
Services and Construction Act Grant in the amount of ~50,000 for the purpose
of making all Library facilities accessible to the physically handicapped by
providing automatic opening doors and to remodel the restroom facilities at
the Haskett Branch Library for physically handicapped accessibility; and
.committing a $50,000 match from the Council Contingency Fund, if awarded.
Submitted was a report dated August 9, 1983, from the City Librarian.
City Manager William Talley first explained if the grant was applied for and
subsequently awarded, the City would be asked to provide matching funds not to
exceed ~50,000 to complete the work of the grant, which amount would have to
come from the Council Contingency Fund.
City Librarian William Griffith.further explained that the grant funds were
part of the Jobs Bill of 1983. He hesitated to bring the issue before the
Council, because he could appreciate the fact that matching funds would be
extremely difficult to obtain.
Councilman Bay asked, within the Library's capital'improvement plan budget, if
there was anything they would want to change relative to priorities and
replace it with the subject project where they could transfer 350,000 without
depending on the Contingency Fund. As he understood, it was not a high
priority on the list of things to be done at the Library.
Mr. Griffith stated that was correct. They had no other major capital
expenditures in the budget. The issue had been raised in the past and,
therefore, he wanted to bring it to the Council's attention.
Councilman Pickler asked if the issue had been brought before the Library
Board and if they viewed it as an item of priority. He felt that the only
problem was a door that could be handled by having someone respond perhaps to
a bell to open that door. He felt it was something they could postpone,
although he wanted to see them do as much as possible for the handicapped.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983~ 10:00 A.M.
Discussion then followed relative to the time limit involved in having tO act
on the grant if awarded. During that discussion, City Manager Talley stated
the concern he had, if they applied for the grant, the Federal Government
would assume the City had every intent to honor it and initiate the project as
soon as possible. If they did not do so, he felt it would affect the City's
relationship with the Federal Agency. He would not be recommending the
project to the Council unless they felt it was a higher priority than other
projects in the City. Today they were asking if the Council felt that it was,
in fact, a high priority that staff be directed to file the grant. He did not
think the chances were high of being awarded the grant, but if the award was
made, they should be prepared to move forward.
Councilman Bay stated the motivation factor was strictly the grant. First, he
did not see a great need and secondly, 3100,000 for one or two doors was a
great deal of money. He did not consider it a high enough priority or
motivating factor at this time.
Councilwoman Kaywood noted that the doors would be installed in four libraries
and the restroom at the Haskett Branch. They had received letters previously
on that issue, but they were into a difficult period of time where there were
a tremendous number of ever-growing needs and the "pot" was shrinking.
Mayor Roth stated that although he was not speaking in support at this time,
he felt that downstream they had to address such problem areas for the
handicapped.
MOTION: Councilman Pickier moved that the application for the Library
Services and Construction Act Grant not be submitted at this time. Councilman
Bay seconded the motion.
Before a vote was taken, Councilman Overholt stated he was going to support
the motion, but the Mayor had explained the situation. The concern for the
handicapped was a concern of all the Council Members; however, Councilman Bay
was correct in pinpointing the issue, that just because there was a
possibility of a grant did not mean that it was a good expenditure of funds
for the City for the handicapped.
Councilwoman Kaywood felt it should be made clear if the City budget and State
budget were not in the condition they were in, this would definitely be a high
priority.
A vote wag then taken on the for~soins motion. MOTION CARRIED.
175.123: LETTER CONTRACT WITH SOUTHERN CALIFORNIA EDISON COMPANY - LOAN OF A
15~000 KVA MOBILE TRANSFORMER: Councilman Pickler moved to approve a letter
agreement for the loan of a 15,000 KVA mobile transformer from the Southern
California Edison Company for temporary use at the Sharp Substation and
authorizing the Mayor to execute same, as recommended in memorandum dated
August 12, 1983, from the Public Utilities General Manager. Councilwoman
Kaywood seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983~ 10:00 A.M.
160: REPAIR OF SHARP SUBSTATION POWER TRANSFORMER: Councilwoman Kaywood
moved to waive advertised bidding and authorize the Purchasing Agent to issue
a purchase order to General Electric Company, Apparatus Service Division,
Anaheim, in the amount of $97,961 (including tax) for the repair of one (1)
30/40 MVA 67-12 KV power transformer at Sharp Substation, as recommended in
memorandum dated August 16, i983, from the Public Utilities General Manager.
Councilman Bay seconded the motion.
Before a vote was taken, Councilman Bay asked that a report be submitted from
the Utility Division on lightning protection of transformers, particularly
$250,000 transformers, and some explanation as to how that serious a damage
happened and what they were going to do in the future to prevent it.
Mr. Talley stated that a report would be provided. He explained, however,
that the subject equipment was protected by lightning arrestors, but during
the storm, there had been multiple lightning strikes which first destroyed the
arrestor and then the transformer.
A vote was then taken on the foregoing motion. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held July 25, 1983, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2366 - REVOCATION: Submitted°by the Planning
Commission, to consider revocation due to failure to comply with conditions of
approval of Conditional Use Permit No. 2366, to retain contractors' storage
yards on ML zoned property located at 1450 North Red Gum Street, with the
following Code waivers: (a) required lot frontage, (b) minimum landscaped
setback, (c) maximum fence height, and (d) required enclosure of outdoor uses.
The City Planning Commission, pursuant to Resolution No. PC83-128, terminated
revocation proceedings to Conditional Use Permit No. 2366 by amendment to
Resolution No. PC82-162, and ratified the Planning Director's categorical
exemption determination.
2. CONDITIONAL USE PERMIT NO. 2455: Submitted by Henry Mann, to permit
retail sales and offices on ML zoned property located at 2535 West Woodland
Drive, with a Code waiver of minimum number of parking spaces.
Conditional Use Permit was withdrawn by the petitioner, and a negative
declaration status was granted.
3. VARIANCE NO. 3341: Submitted by Conrad J. and Josephine M. Letter, to
construct an 8-unit affordable condominium complex on RM-1200 zoned property
located at 1260 East La Palma Avenue, with the following Code waivers: (a)
minimum lot area per dwelling unit, (b) minimum landscaped setback, (c)
minimum recreational-leisure area, and (d) minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution NQ. PC83-129, denied
Variance No. 3341, and granted a negative declaration status.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - August 16~ 1983~ 10:00 A.M.
See public hearing portion of this meeting where action was taken by the
Council.
4. CONDITIONAL USE PERMIT NO. 2465: Submitted by Nathan Ogints, et al, (Bank
of Anaheim N.A.), to permit a temporary trailer for a bank on CL zoned
property located at the southwest corner of Bail Road and Anaheim Boulevard.
The City Planning Commission, pursuant to Resolution No. PC83-130, granted
Conditional Use Permit No. 2465, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2436 (READVERTISED): Submitted by Richard H.
Sharkey, et al, (Delisi's Sandwich Shop), requesting deletion of Condition No.
1 of the Planning Commission Resolution No. PC83-89 pertaining to street
lighting fees required under Conditional Use Permit No. 2436, to permit
on-sale beer and wine in an existing restaurant on CL zoned property located
at 1739 West La Paima Avenue, with a Code waiver of the minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-131, deleted
Condition No. 1 of Planning Commission Resolution No. PC83-89 to Conditional
Use Permit No. 2436 (Readvertised), and ratified the Planning Director's
categorical exemption determination.
6. CONDITIONAL USE PERMIT NO. 2472: Submitted by R. S. Hoyt, Jr., and
Barbara C. Hoyt, to permit a retail book store on ML zoned property located at
1622 North Missile Way.
The City Planning Commission, pursuant to Resolution No. PC83-132, granted
Conditional Use Permit No. 2472, and granted a negative declaration status.
7. RECLASSIFICATION NO. 81-82-6 AND CONDITIONAL USE PERMIT NO. 2256 -
EXTENSIONS OF TIME: Submitted by Judith Johnson, requesting extensions of
time to Reclassification No. 81-82-6 and Conditional Use Permit No. 2256,
proposed CL zoning, to permit commercial use of a residential structure on
property located at 805 North Harbor Boulevard.
The City Planning Com]mission approved extensions of time to Reclassification
No. 81-82-6 and Conditional Use Permit No. 2256, to expire September 9, 1984.
8. CONDITIONAL USE PERMIT NO. 2002 - EXTENSION OF T. IME: Submitted by Solomon
and Harriet Weinberg, requesting an extension of time to Conditional Use
Permit 2002, to permit an aviary on RS-7200 zoned property located at 2731
East Jackson Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 2002, to expire July 30, 1985.
9. CONDITIONAL USE PERMIT NO. 2458 - RESOLUTION NO. PC83-133: Submitted by
the Planning Commission Secretary, requesting to amend Resolution No.
PC83-119, nunc pro tunc, to correct the wording in Condition No. 13, relating
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983~ 10:00 A.M.
to Conditional Use Permit No. 2458, to permit a 94-unit senior citizens
apartment complex on RM-1200 zoned property located at 950 South Gilbert
Street.
The City Planning Commission, pursuant to Resolution No. PC83-133, amended
Resolution No. PC83-133, nunc pro tunc, relating to Conditional Use Permit No.
2458.
10. 170: TENTATIVE TRACT NO. 11975: Submitted by Jack A. and Charlotte A.
Dick, to establish a l-lot, 9-unit condominium subdivision on RM-3000 zoned
property located at 949 North Citron Street.
The City Planning Commission, at their meeting of August 8, 1983, approved
Tentative Tract No. 11975.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the City Planning Commission became final.
105: PROJECT AREA COMMITTEE: The Project Area Committee (PAC), requesting
confirmation of the election of Vivian Engelbrecht, Tom Bode, Frank Piscopo,
Malcolm Pierson, Gary Masciel and Bob Kolar to the Committee for the terms
ending June 30, 1985. Submitted was a letter dated August 10, 1983, from PAC.
Councilwoman Kaywood moved to confirm the election of the following people to
PAC for the terms ending June 30, 1985: Vivian Engelbrecht, Tom Bode, Frank
Piscopo, Malcolm Pierson, Gary Mascie! and Bob Kolar. Councilman Roth
seconded the motion. MOTION CARRIED.
Councilwoman Kaywood moved to rescind Council action on August 9, 1983,
appointing Dr. B. J. Knowles to the Project Area Committee, since upon being
contacted to confirm her appointment, she stated she would be unable to serve
due to prior Tuesday night commitments. Councilman Bay seconded the motion.
MOTION CARRIED.
Mayor Roth thereupon opened nominations to fill the two remaining vacant
positions on the Project Area Committee.
Councilwoman Kaywood nominated Timothy Burns and Harold Burmeister, as
recommended by PAC in their August 10, 1983 letter.
Councilman Pickler moved to close nominations. Councilman Roth seconded the
motion. MOTION CARRIED.
Mr. Burns and Mr. Burmeister were thereupon unanimously appointed to the
Project Area Committee for the term ending June 30, 1985.
179: ORDINANCE NOS. 4445 AND 4446: Co6ncilman Roth offered Ordinance Nos.
4445 and 4446 for adoption. Refer to Ordinance Book.
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 16~..1.9.83~ 10:00 A.M.
ORDINANCE NO. 4445: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-36(6), RM-2400, north
side of Falmouth, south side of Coronet, west of Romneya Drive, Tract 11464,
M. J. Brock)
ORDINANCE NO. 4446: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-30, CL, 3311 West Ball
Road)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4445 and 4446 duly passed and adopted.
161.157: ALL-RIVER PLAN: Councilwoman Kaywood stated she was glad to see
that Congressman Patterson was able to get the Flood Control Project through
the agency. Senator Pete Wilson was presently in the area and she felt it was
critical to get his vote in support. She suggested that they have Cindy Cave,
Intergovernmental Relations Officer send a telegram, or perhaps a phone call
from the Mayor would be helpful, and with thanks also going to those who
supported the plan on the first vote.
Mayor Roth, as a member of the Santa Ana River Flood Protection Agency, stated
they just completed sending a group of letters that he had signed a week or
two ago, but they would follow through. The director gave a presentation to
the Chamber of Commerce and they were supportive, and Mr. Galen Compton had
scheduled a presentation before the Rotary Club. They were moving ahead and
monitoring the situation.
Councilman Bay stated the key on action today was to have the Public
Information Office contact the media. Senator Wilson was going to do a
fly-over of the area. They should check to see if they could get word through
that Anaheim was very concerned about his approval and vote for the plan.
City Manager Talley stated that staff was listening and they would have PIO
working on the ma~er and staff would prepare a letter from the Mayor to
Senator Wilson.
144: APPOINTMENT TO THE ORANGE COUNTY HUMAN RELATIONS COMMISSION: Mayor Roth
stated they were advised of a vacancy on the subject Commission representing
the 4th District. Today, they had received an application for consideration
for an appointment to that Commission from Mr. Cruz Sandoval. He then gave
Mr. Sandoval's background and service to the community in his 59 years as a
resident of Anaheim.
MOTION: Councilman Roth thereupon moved to recommend appointment of Mr. Cruz
Sandoval to the Orange County Human Relations Commission representing the 4th
District. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
132: STREET SWEEPING: Mayor Roth stated he personally had an unfortunate
experience involving one of the drivers of the yellow vehicles which followed
the street sweeper ticketing those who were in violation of the No Parking
requirements during street sweeping times. That driver insinuated that he was
trying to use political pressure when he went to speak with her as his car was
about to be ticketed in front of his place of business. If her attitude was
an example of behavior accorded to other citizens of the community, it was a
sad situation. He had been a great supporter of the street sweeping program,
but he was now concerned relative to the yellow cars sweeping down on
citizens. He felt they should take another look at the program, and
particularly the attitude of those doing the ticketing. Perhaps they should
put the responsibility back on the citizens. If they wanted their streets
swept, they should take the responsibility upon themselves to move their
vehicles without having City vehicles follow the sweepers.
Councilwoman Kaywood stated she would be concerned over having one incident
smear the entire program. That employee should be reported to Mr. Bill Lewis,
Street Maintenance Superintendent.
Councilman Roth stated that the attitude displayed was enough for him to turn
against the program. Last week he received several letters of complaint with
valid concerns, such as no signing at the intersections of certain tracts, etc.
Councilman Pickler stated that a report would be enlightening relative to
costs. He did find that Anaheim, compared to other cities, was a clean place
to drive around. He liked what the street sweeping was doing for the City and
he was certain it was cost effective or it would have been eliminated long ago.
City Manager Talley stated that staff had been directed and the Mayor would be
interviewed personally. No matter what the City program, there was no
justification for anybody being insolent, impolite or rude.' Whether or not
the program was bad was a separate issue from the conduct of a City employee.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss a personnel matter with no action anticipated; The City Attorney
requested a Closed Session to discuss litigation and potential litigation with
action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (11:04 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
137: ACCEPTING PAYMENT FROM SAFECO INSURANCE OF PERFORMANCE BOND NO.
4162310: Councilman Roth moved to accept the payment of $25,000 from Safeco
Insurance Company on Performance Bond No. 4162310 and authorizing the City
Attorney to execute a release on behalf of the City of Anaheim. Councilman
Pickler seconded the motion. MOTION CARRIED.
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City Ha!l, Anaheim~ California - COUNCIL MINUTES - August 16~ 1983~ 10:00 A.M.
179: PUBLIC WEARING - CONDITIONAL USE PERMIT NO. 2464 AND NEGATIVE
DECLARATION: Application by Joe and Catherine Lemons, to retain outdoor
storage and permit a used car sales lot on RS-A-43,000 property located at 441
South Euclid Street with a Code waiver of maximum fence height.
The City Planning Commission, pursuant to Resolution No. PC83-123, disapproved
the negative declaration from the requirement to file an Environmental Impact
Report pursuant to the provisions of the California Environmental Quality Act
on the basis that there would be significant individual or cumulative adverse
environmental impact involved in the proposal and that an EIR report would be
required prior to the approval of this project, and further, denied
Conditional Use Permit No. 2464.
The decision of the Planning Commission was appealed by Wallace Warren, Agent,
and public hearing scheduled this date.
The City Clerk announced that they had received a request from the applicant's
agent for a three-week continuance.
The Mayor first asked for a show of hands of those present on the public
hearing; five people were present.
The Mayor then asked to hear from the applicant or applicant's agent.
Mr. Wallace Warren stated he requested a continuance because he could neither
see nor hear good enough to present his case. The man who was going to do so
for him was called out of town and was not going to be back for three weeks.
He was, therefore, asking for a three-week continuance or longer. He did not
know until Friday, nor the person who was going to represent him, that he was
not going to be available today. His representative, Mr. Lavonne McDonald,
was not an attorney, but was familiar with his problem and circumstances.
Upon Council questioning, Mr. Warren reported that there were people living in
the house at 441 South Euclid, that there was no business going on at the
present time, and that he disagreed with the residents that there was already
noise and disturbances at all hours of the night, since there was nothing
going on there in any way, shape or form. He further confirmed for Councilman
Overholt that Mr. McDonald, his representative, was uniquely qualified to
present his case, because he had been through the same thing before in other
areas at other times. He (Warren) would be the person conducting the business
and his son would be involved to a certain extent.
Councilman Pickler stated he was going to ask for a hearing today. He had
been around the area and was familiar with what was there. A postponement
would only prolong what was happening on the property; Councilwoman Kaywood
concurred.
Councilman Bay suggested that they start the hearing today and hear those
present, but still give Mr. Warren an opportunity to have his representative
speak at a later time to give his side; Councilman Roth stated if the majority
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 19837 10:00 A.M.
wished to proceed, at the end of the hearing if there was any doubt relative
to Mr. Warren's capabilities to present his side of the issue, a motion to
continue would then be appropriate.
The Council thereupon declined to continue the public hearing and the Mayor
asked Mr. Warren to proceed with his presentation.
Mr. Warren then described what he was going to do on the property So that it
could be used as a small used car sales lot, which would only involve eight or
ten cars. It was not a big operation as some people thought. If approved, it
would be a good-looking place, there would be no traffic hazard, they would
not have long hours, and he had an agreement with the owners that whenever it
was economical or feasible to do something else with the property, he agreed
to discontinue the operation.
The Mayor asked to hear from anyone else present to speak in favor.
Mr. Joe Levins, 1808 Chalet, stated he had owned the subject property since
1947 and it had always been of a commercial type. His in-laws had lived on
the property for 18 years and since they passed away, he had been trying to
lease the property in order to get something on it to pay for the taxes and to
have it kept up. The house was old and needed to be.torn down. He felt it
was better to lease the property to someone who could use it and keep it clean
and it would be an interim use. It was a hardship on him and would be a
hardship on the lessee if it were not approved. The Planning Commission had
only one objection, that being the use was not compatible with the area. He
noted, however, that a used car sales lot was located two blocks to the north.
There being no further persons who wished to speak in favor, the Mayor asked
to hear from those in opposition.
Mr. Mark Bacillio, 1542 West Cris, representing the building across the street
from the subject property at 441 South Euclid, stated they had a ~2 million
investment in their property and believed, in their expert opinion, the
proPosed use would be harmful to the property values in the areas, and
especially the leasing ability on their building.
Mr. Augie Lopez, 420 South Euclid, stated he owned commercial property on
Euclid close to the subject property. The proposed use was not compatible
with the area. He had been located in the area for a number of year~ and
never had any vacancies in his building. A used car lot on the subject
property was not in the best interests of the citizens of Anaheim.
There being no further persons who wished to speak, the Mayor gave Mr. Warren
an opportunity to make his summation.
Mr. Warren then submitted three photographs depicting the area to the north
and south and one showing the subject property with cars they had brought
there to show what it would look like with vehicles on it. He continued,
being a real estate broker himself, he disagreed that the properties around it
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
would be devalued, and when it was cleaned up, it would instead increase
property values. He reiterated, whenever the economy changed to the point
where they could put something in on a permanent basis, he had an agreement
with the owner that would be done. He requested that the Council approve the
CUP and if one year from today it proved to be an unsatisfactory use and had
caused problems, he would be happy to quit.
Mr. Warren then answered questions posed by Council Members Bay and Kaywood,
at the conclusion of which Mayor Roth stated if they needed additional
testimony that would require a continuance, this would be the proper time to
request that be done, before he closed the public hearing. He felt Mr. Warren
had done an adequate job in presenting his side of the matter.
At the conclusion of additional discussion and questioning, Councilman
Overholt stated the reason he had directed questions to Mro Warren relative to
his representative, who was not present, was to ascertain whether Mr. McDonald
might have offered testimony that would have been different or in addition to
what Mr. Warren offered° He did not hear anything today that would make it
difficult for him to make a decision and he was prepared to go forward with
the closing of the hearing.
The Mayor closed the public hearing.
DISAPPROVAL OF NEGATIVE DECLARATION STATUS: Councilwoman Kaywood moved to
disapprove the negative declaration from the requirement to prepare an
environmental impact report on the basis that there would be significant
individual or cumulative adverse environmental impacts involved in the
proposal and that an EIR report would be required prior to any approval of the
project. Councilman Pickler seconded the motion. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 83R-329 for adoption, denying
Conditional Use Permit No. 2464, upholding the decision of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 83R-329: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2464.
Before a vote was taken, Councilwoman Kaywood stated she had heard nothing new
or different except to have confirmation from the businesses and residential
neighbors that the use would be totally incompatible with the neighborhood.
It would also be spot zoning, such as had occurred on North Brookhurst Street.
A vote was then taken on the foregoing motion.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-329 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
179: PUBLIC HEARING - VARIANCE NO. 3341 AND NEGATIVE DECLARATION:
Application submitted by Conrad J. and Josephine M. Letter, to construct an
8-unit affordable condominium complex on RM-1200 zoned property located at
1260 East La Palma Avenue, with the following Code waivers: (a) minimum lot
area per dwelling unit, (b) minimum landscaped setback, (c) minimum
recreational-leisure area, and (d) minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-129, declared
that the subject project be exempt from the requirement to file an
Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act on the basis that there will be no significant
individual or cumulative adverse environmental impact due to the approval of
this negative declaration, since the Anaheim General Plan designates the
subject property for medium density residential land uses commensurate with
the proposal; that no sensitive environmental impacts are involved in the
proposal; and that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and
further denied Variance No. 3341.
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled this date.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Walter Bowman, agent, 7926 Cerritos, Stanton, stated they felt the
proposed project was within the parameters set by the City where they had
approved variances as listed in the attachment to the staff report to the
Planning Commission, entitled "Affordable Condominium Project." Also, if
apartment units were to be built on the subject property, up to 17 units could
be built on the parcel. Mr. Letter felt he had also given up something else
besides agreeing to affordable units in that there had been 23 feet of
frontage dedicated for future street widening for which he did not receive any
compensation. He felt if that 23 feet were considered, the only thing they
would be asking for was minimum lot area per dwelling unit.
There were two items in the staff report with which they disagreed, one being
the number of dwelling units. Code requirements showed 6.8 dwelling units
maximum. Since this was an affordable project, they calculated that figure to
be 8.5 un~ts. Code requirement for net density was at 14.5 dwelling units
maximum. Once again, because it was an affordable project, they could put
18.125 units on the property and thus they were well within the Code
requirement on those two points. He then spoke to the three additional
requested waivers.
In concludin~ Mr. Bowman stated that similar variances had been granted in
the City to those Mr. Letter was requesting. The condominium density was 17
units per acre, and he was also well under the apartment unit density of 36
units an acre, which could be built on the site.
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
The Mayor asked if anyone wished to speak in favor of the project; there being
no response, he asked to hear from those in opposition°
Mr. Roger Dittman, 1272 East La Palma Avenue, property owner (14 years)
immediately adjacent to the subject property, stated he made his objections
clear to the Planning Commission previously (see Planning Commission minutes
of June 27, 1983). He was not concerned with all the specific technical
requirements, but more about the effect the project would have on the
neighborhood. Relative to the project, he would prefer not to have a wall and
did not consider it to be an advantage. Looking at the plans, the units
looked like a bunch of railroad cars. It was an uninspiring project and would
lead to a net decline of the quality of the ar~ao It was too small a package
to be properly developed. He did not feel because Mr. Letter had boxed
himself in that special dispensation should be provided for him. He supported
affordable housing and development, but development that was done with a sense
of civic responsibility, pride and social responsibility.
There being no further persons who wished to speak, the Mayor asked Mr. Bowman
to make his summation.
Mr. Bowman then gave the size and pricing structure on the units and the
average payments therefor. Relative to Mr. Dittman not wanting a wall and
wishing they could have developed their properties together, the realities
were that he (Dittman) and Mr. Letter could not get together on a sales price.
Councilman Overholt noted that Mr. Bowman took exception to the staff report.
He asked staff to respond relative to those exceptions.
Annika Santaiahti, Assistant Director for Zoning, stated Mr. Bowman was
rounding off numbers. The permissible number under Code was 6.8. She felt he
was saying, with the affordable being at 25 percent, that was where he got the
8.5 units and in that sense, he was correct. State law mandated if they
entered into an agreement for 25 percent of the units to be affordable, they
may add on another 25 percent, giving the 8.5. The same was true of the net
density figures.
Councilwoman Kaywood asked if it was true that the extra density bonus of 25
percent also had to meet other Code requirements; Miss Santalahti answered the
State mandate did say that the additional density shall be provided by the
City and subject to The waivers as the City may wish to grant.
After additional questions posed to staff by Councilwoman Kaywood for purposes
of clarification, specifically relative to parking requirements, the Mayor
closed the public hearing.
ENVIRON}~NTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, the City Council finds that subject
project will have no significant individual or cumulative adverse
environmental impact due to the approval of this negative declaration since
the Anaheim General Plan designates the subject property for medium density
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983~ 10:00 A.M.
residential land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and is, therefore, exempt from the requirement
to prepare an EIR. MOTION CARRIED.
Councilwoman Kaywood offered a resolution of denial of Variance No. 3341,
upholding the decision of the Planning Commission. As Commissioner Herbst had
stated at the Planning Commission meeting, it was overbuilding that small
parcel.
Councilman Roth stated he had a problem in this instance. His concern was
that if they denied this condominium project, they would end up with another
apartment project, although he did not necessarily agree that Mr. Bowman was
correct relative to i7 units. There was a difficult problem today in the cost
of materials, labor and financing.
Councilman Bay, speaking in favor of the proposed resolution, stated when he
looked at the precedences that were quoted by Mr. Bowman and looking at the
data sheet attachment to the staff report, he found at least 10 projects on
which he did not recall voting, and many of the projects proved to be some of
the biggest mistakes in zoning in the City. The units on Webster Street, as
an example, had not yet been sold, and he did not think they should add to
that situation.
Councilman Pickler stated with the cost of housing as it was today, he felt
they had to bend a little on some of the other waivers being requested. He
felt it was a two-way street and did not believe that the subject project
would hurt the area.
A vote was then taken on the resolution of denial and failed to carry by the
following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Bay
Pickier, Overholt and Roth
None
Councilman Roth offered Resolution No. 83R-330 ~or adoption, granting Variance
No. 3341, reversing the findings of the City Planning Commission, subject to
the following Interdepartmental Committee Recommendations:
1. That the owner of subject property shall pay to the City of Anaheim a fee
for street lighting along La Palma Avenue in an amount as determined by the
City Council.
2. That the owner of subject property shall pay to the City of Anaheim a fee
for tree planting purposes along La Palma Avenue in an amount as determined by
the City Council.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
3. That prior to issuance of a building permit, appropriate water assessment
fees shall be paid to the City of Anaheim, in an amount as determined by the
Office of the Utilities General Manager.
4. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an amount as
determined by the City Council.
5. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount as
determined by the City Council for each new dwelling unit .
6. 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.
7. That gates shall not be installed across any driveway or private street in
a manner which may adversely affect vehicular traffic in the adjacent public
streets. Installation of any gates within a distance of forty (40) feet from
said public street rights-of-way shall be subject to the review and approval
of the City Traffic Engineer.
8. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
9. That subject property shall be served by underground utilities.
10. That prior to commencement of structural framing, fire hydrants shall be
installed and charged as required and determined to be necessary by the Chief
of the Fire Department.
11. That trash storage areas shall be provided in accordance with approved
plans on file with the Street Maintenance and Sanitation Division.
12. That tentative and final tract maps shall be submitted to the City of
Anaheim for approval and a final tract map recorded in the Office of the
County Recorder.
13. That prior to issuance of building permits, the applicant shall present
evidence satisfactory to the Chief Building Inspector that the residential
units will be in conformance with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
14. That prior to issuance of building permits, the applicant shall present
evidence satisfactory to the Chief Building Inspector that the proposed
project is in conformance with Council Policy Number 542 "Sound Attenuation in
Residential Projects".
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
15. That a 6-foot high masonry block wall shall be constructed along the
east, south and west property line(s) and/or 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 said wall prior to final building inspection.
16. That prior to final tract map approval, the developer shall enter into an
agreement with the City of Anaheim pursuant to Government Code Section 65915
to provide that twenty-five percent (25%) of the residential units shall be
sold as low or moderate income housing as defined in Government Code Section
65915 and with appropriate resale controls as approved by the City of Anaheim.
17. That the proposed driveway shall be re-aligned perpendicular to La Palma
Avenue per recommendation of the City Traffic Engineer.
18. That all dwelling units located 150 feet or further from La Palma Avenue
shall be fully sprinklered as required by the Fire Marshall.
19. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 3.
20. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued, or within a
period of one year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 2 and 16, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
21. That prior to final building and zoning inspections, Condition Nos. 6, 8,
9, 11, 15, 17, 18 and 19, above-mentioned, shall be complied with.
Refer to Resolution Book.
RESOLUTION NO. 83R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3341.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt and Roth
Kaywood and Bay
None
The Mayor declared Resolution No, 83R-330 duly passed and adopted.
Councilman Bay left the Council Chambers. (2:45 p.m.)
Mayor Roth explained that Councilman Bay had to leave the meeting because he
had to be admitted to the hospital this afternoon for eye surgery.
155: PUBLIC HEARING - PROPOSED AMENDMENT TO THE PUBLIC FACILITIES PLAN FOR
DEVELOPMENT OF BAUER RANCH: City of Anaheim, requesting approva~. of proposed
Amendment No. 1 to the Public Facilities Plan for the development of the Bauer
Ranch ("Plan") as heretofore approved by the City Council as follows:
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
1. Amending certain provisions of Exhibit A and Exhibit I of said Plan
relating to the Master Water System.
2. Amending certain provisions of the System of said Plan entitled "City
Budget Factors" relating to the Master Water System.
3. Amending certain provisions of the section of said Plan entitled
"Reimbursement Agreement" to authorize said agreements to include certain
adjustments to the amounts of reimbursements based upon changes in the
Engineering News Record (ENR) Construction Cost Index.
Submitted was a staff report dated August 9, 1983, from the Planning and
Public Utilities Department, Water Engineering Division, recommending approval
of Amendment No. 1 to the Bauer Ranch Public Facilities Plan. Also submitted
was a report dated August 9, 1983, from the Public Utilities Board,
recommending approval of the proposed amendments to Rule 15 of the Public
Utilities Water Rates, Rules and Regulations, and an agreement with Kaufman
and Broad providing a funding arrangement by which current water rate payers
would not be obligated to pay for facilities to meet future needs in the East
Santa Ana Canyon area.
Mr. Joel Fick, Assistant Director for Planning, then briefed a staff report of
August 9, 1983.
The Mayor asked if anyone wished to speak.
Mr. Roger Grable, Rutan & Tucker, the law firm representing the Wallace Ranch
interests, stated they were not speaking in opposition, but to state for the
record and to ensure they were accurate in assuming the change was as reported
in the staff report and that it only involved the particular improvement,
which everyone supported, staff and developer, and was not making future
determinations with regard to the master planned facilities which would be
coming before the Council and in which there were areas of disagreement
between the subject developer and the ranches to the south.
Mr. Fick then clarified that while the Water Engineering Division had some
discussions with Mr. Galloway of Kaufman and Broad concerning possible
amendments to Weir Canyon Road, any such amendments to any of those
obligations would be addressed in a future public hearing and not proposed in
Amendment No. 1.
Mr. Grable stated, in that case, they were satisfied.
The Mayor closed the public hearing.
MOTION: Councilman Roth moved to approve Amendment No. 1 to the Bauer Ranch
Public Facilities Plan originally approved March 17, 1981. Councilman Pickler
seconded the motion. Councilman Bay was absent. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - August 16~ 1983, 10:00 A.M.
175: RULE 15 OF WATER RATES~ RULES AND REGULATIONS: Councilwoman Kaywood
offered Resolution No. 83R-331 for adoption, amending Rule 15 of the Public
Utilities Rates, Rules and Regulations for the sale and distribution of water
as heretofore adopted by the City of Anaheim. Refer to Resolution Book.
RESOLUTION NO. 83R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF
WATER AS HERETOFORE ADOPTED BY THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 83R-331 duly passed and adopted.
170.123: KAUFMAN & BROAD--SPECIAL WATER FACILITIES REIMBURSEMENT--EAST SANTA
ANA CANYON PRIMARY MAIN, PHASE I: Councilman Roth moved to authorize a
'reimbursement agreement with Kaufman and Broad, Inc., in accordance with
amended Rule 15. Councilman Pickler seconded the motion. Councilman Bay was
absent. MOTION CARRIED.
164: AWARD OF CONTRACT FOR SANTA ANA CANYON ROAD WATER TRANSMISSION, PHASES
II AND III: City Clerk Linda Roberts announced that communications had been
'received from two different attorneys on the proposed award of contract on the
Santa Ana Canyon River Water Transmission Main, who wished to address the item.
Mr. Kerry Fields, Morrell and Fields, attorneys for Colich and Sons, referred
to his letter dated August 10, 1983, previously sent to the City Attorney on
the issue, which he did not intend to reiterate (see seven-page letter--on
file in the City Clerk's office). In summary, however, he explained that
existing law required the award of the contract to the lowest responsible and
responsive bidder. Inherent in that rule was that all bidders submit a bid
and be given equal treatment in the analysis of that bid. Colich and Sons
protested the bid of Albert W. Davies for not being responsive to the bid
proposal published by the City. It required that the bid be itemized and the
City did not receive a fully itemized bid from Albert W. Davies. Instead,
they received a bid which had many itemized prices on it, but it also had an
annotation that the City was directed to cut $75,000 from the bid and that
annotation was in material variance to the bidding requirements of the City
and to the law. He then elaborated further on some of the data contained in
his letter and concluded that for all the reasons stated, he asked that the
Council decree Colich and Sons the lowest responsive bidder and award the
contract to that entity.
The Mayor asked for a response from the City Attorney.
City Attorney William Hopkins stated that they had reviewed both of the bids
from Colich and Sons and A. W. Davies, as well as the letters from the
attorneys from both firms (also see letter dated August 5, 1983, from Gerald
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City Hall~ Anaheim, California - COUNCIL MINUTES - August 16, 1983, 10:00 A.M.
T. Yoshida, attorney for A. W. Davies, Inc.uon file in the City Clerk's
office, relative to their bids). He agreed with Mr. Fields' analysis of the
matter and recommended that the award be made to Colich and Sons, since they
were the best responsible bidder, with no change in their bid of 31,635,207.50.
Councilman Pickier offered Resolution No. 83R-332 for adoption, awarding a
contract to the lowest and best responsible bidder, Colich and Sons (JoVo), in
the amount of ~1,635,207.50, for Santa Ana Canyon Road Water Transmission
Main, Phases II and III, Account Nos. 54-612-6329-17030-34390 and
54-621-6329-17140-34370. Refer to Resolution Book.
RESOLUTION NO. 83R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE WATER TRANSMISSION MAIN IN SANTA ANA
CANYON ROAD PHASES II AND III, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
54-612-6329-17030-34390 AND 54-621-6329-17140-34370. (Colich and Sons (JoV.),
31,635,207.50)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
None
Bay
The Mayor declared Resolution No. 83R-332 duly passed and adopted.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. Councilman Bay was absent. MOTION CARRIED. (2:58 p.m.)
LINDA D. ROBERTS, CITY CLERK
697