1981/10/0681-1265
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL.MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
TRAFFIC ENGINEER: Paul Singer
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Tom Favreau, Melodyland Hotline Center, gave the
Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLA~MATIONS: The following proclamations were issued by Mayor Seymour
and authorized by the City Council:
"Escrow Month" - October 1981
"Retired Senior Volunteer Program Day" - October 9, 1981
"Toastmasters Month in Anaheim" - October 1981
The Toastmaster's proclamation was accepted by Samuel Eiferman.
119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was
unanimously adopted by the City Council to be presented to Pastor Wells and
the Central Baptist Church of Orange County for the inspiration and service
provided for the last one-quarter century.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDIN~NCES AND RESOLUTIONS: Councilwoman Kaywood 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 all 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. Councilman Overholt seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,242,919.69, in accordance
with the 1981-82 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilwoman Kaywood, the following items were approved as recommended,
except the Ordinance which was offered for introduction only:
81-1266
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
a. 160: Authorizing the Purchasing Agent to issue a change order to Purchase
Order No. 11194-M in the amount of $10,215.67, to increase the purchase order
total to Truck Hydraulic Equipment Company, Inc., to $31,342.43 for the overhaul
of two Digger Derricks, four Aerial Manlifts and one truck mounted Hydraulic
Derrick.
b. 160: Bid No. 3803--0ne Aerial Manlift. Award to Asplundh Equipment Sales,
$46,317.50.
c. 160: Bid No. 3807--0ne 26,500 No. G.V.W. Tilt Cab and Chassis (Gasoline Fuel
Vehicle). Award to Carmelita Ford, $16,709.96.
d. 128: Ordering the Monthly Financial Statement for the two months ended
August 31, 1981, received and filed.
e. 106: Reversing $6,000 of the $7,000 transfer from the Convention Center Fund
to the Anaheim Hills Golf Course Fund which was authorized on the basis of the
July performance of the operations of the H. G. Miller and Anaheim Hills Golf
Courses.
f. 169: Extending the completion date of the contract with Smith Electric Supply
by twelve calendar days and assessing liquidated damages in the amount of $1,200
therefore, for the Central City Neighborhood Strategy Area I Street Lighting
Luminaires. Account No. 25-676-6328-11080-37300.
City Manager William Talley stated they had been advised that the completion date
should be extended by sixteen working days and assessed liquidated damages for
twelve calendar days, with the amount remaining the same.
g. 123: Authorizing an agreement with Jones/Peterson Associates, Inc., in the
amount of $5,000 for professional landscape architectural services in connection
with Julianna Park expansion and Redevelopment project.
h. 123: Authorizing a license agreement with Pacific Telephone and Telegraph
Company, to permit attachment of traffic signal interconnect cable installed by
Storer Cable T.V. to utility poles at an annual rental rate of $2.50 per pole.
i. 107: ORDINANCE NO. 4275: Councilman Roth offered Ordinance No. 4275 for
First Reading.
ORDINANCE NO. 4275: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS OF
15.16.001 THROUGH 15.16.140 OF TITLE 15, CHAPTER 15.16 OF THE ANAHEIM MUNICIPAL
CODE AND ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH
AMENDMENTS THERETO, AND AMENDING TITLE 15, CHAPTER 15.16 BY ADDING THERETO
NEW SECTIONS 15.16.001 THROUGH 15.16.080.
81-1267
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
The date and time for a public hearing to consider adopting the 1981 edition of
the National Electrical Code, with amendments thereto, was set for November 3, 1981,
at 3:00 p.m.
MOTION CARRIED.
167: RELOCATION OF TRAFFIC SIGNAL FROM KNOTT STREET TO MAGNOLIA AVENUE AT
GREENLEAF AVENUE: Mrs. Barbara Thomas, 805 Ranchito Street, spoke in favor of
the subject proposed traffic signal relocation. She urged approval, stating she
represented the feeling of all the residents in the area and persons who used
the facilities at Peter Marshall Park. She reported on accidents that had
occurred at the subject intersection, both vehicular and pedestrian, including
the two fatalities last Halloween. The situation warranted top priority. She
also reported that the street light at the intersection was being blocked by a
tree and if the tree were trimmed, more light would be provided.
MOTION: Councilman Seymour moved to approve the subject traffic signal relocation,
as recommended in memorandum dated September 29, 1981, from the City Engineer,
William Devitt, the $22,000 project cost to be appropriated from the Council
Contingency Fund, and the project to be expedited as quickly as possible, and
that the City Manager direct staff to trim the tree. Councilwoman Kaywood
seconded the motion.
Before a vote was taken, Mrs. Thomas clarified for the Mayor that she would be
willing to work with the Police Department in staffing a crossing guard at that
intersection on Halloween this year, since, as reported by the Traffic Engineer,
the project would not be able to be completed by year end or January.
A vote was then taken on the foregoing motion. MOTION CARRIED.
123/126: CONVENTION CENTER HOTEL - EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT WITH
HILTON HOTELS CORPORATION - CD INVESTMENT COMPANY: Authorizing a 60-day Exclusive
Right to Negotiate Agreement with C-D Investment and Hilton Hotels Corporation to
build a convention center hotel on City-owned property located adjacent to the
Convention Center, and authorizing lease purchase financing to provide for the
construction, development and financing of certain parking and related facilities
City Manager William Talley briefed the Council on his extensive report dated
October 2, 1981, (with attachments) recommending the following: That the City
Council, by resolution, approve a 60-day Exclusive Right to Negotiate Agreement
with a joint venture composed of C-D Investment Company and Hilton Hotels Corporation
to build a convention center hotel on City-owned property adjacent to the Anaheim
Convention Center in accordance with the proposal submitted by the joint venture
and amended during the negotiation period with the City staff and as described in
general herein; and that the City Council, by resolution, authorize lease purchase
financing for the purpose of providing for the construction, development and
financing of certain parking and related facilities.
81-1268
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
Mr. James Philon, Senior Vice President, Real Estate and Development, Hilton Hotels
Corporation, introduced the new project. He explained that the description of the
facility contained in the Exclusive Agreement to Negotiate delineated the parameters
within which the final plans, even now in the process of being developed, would
result in a first class convention quarters hotel serving a multi-market mix of
business in Anaheim. He then presented a site plan of the Convention Center,
designating it a "footprint" and delineating some of the traffic patterns that
would be generated, as well as other pertinent aspects of the plan.
Mr. Doug Holm, C-D Investment Company, 10390 Wilshire Boulevard, Los Angeles, first
gave his background and that of C-D Investment Company. He clarified some of the
projects in which they had been involved and the manner in which C-D Investment
had achieved success in completing projects in record time. He further clarified
for the Mayor that dependent upon the necessary steps through which they had to
proceed, the hotel should be in operation in April of 1984.
Mr. Richard Stevens, Vice President, Wrather Corporation, first declared that the
Wrather Corporation offer (one of the proposers) was being withdrawn and his
comments were now offered as a representative of a company which had been in
the community for 25 years° From a posted aerial overview of the Convention
Center area, he then relayed what had occurred since 1978 in their original
negotiations with the Hilton Corporation. He emphasized that what they were
against when the City announced the plan, and still against, was a hotel being
built immediately adjacent to the Convention Center. (See letters dated
September 3, 1981, and September 24, 1981, from Mr. Stevens, elaborated upon
in his presentation - on file in the City Clerk's office.) He then spoke to
what they considered three major issues--environmental, financial, and procedural,
and in summary, stated that there were other alternatives which had not been
explored or where adequate airing of the attitudes of the public, business and
professional sectors had not been given. They would continue to fight for what
they believed in, in terms of planning. He strongly urged the Council not to
enter into the agreement today.
Mayor Seymour concluded that to look to any other proposal submitted to the City in
the second go-round for a hotel and to deal with anybody else than Hilton/C-D
Investment at this time would be totally irresponsible. There was an overriding
need to bring a convention hotel to the community which must be located very
close to the Convention Center. Anaheim needed a Convention Center hotel and
needed it today to remain competitive. He was totally satisfied that the
Hilton/C-D proposal was in the best interest of the City.
Councilman Seymour offered Resolution No. 81R-469 and 81R-470 for adoption,
authorizing a 60-day Exclusive Right to Negotiate Agreement with C-D Investment
and Hilton Hotels Corporation to build a convention center hotel on City-owned
property located adjacent to the Convention Center, and authorizing lease purchase
financing to provide for the construction, development and financing of certain
parking and related facilities. Refer to Resolution Book.
81-1269
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
RESOLUTION NO. 81R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR EXCLUSIVE RIGHT TO NEGOTIATE
WITH HILTON HOTELS CORPORATION/C-D INVESTMENT COMPANY, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID AGREEMENT.
RESOLUTION NO. 81R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING LEASE PURCHASE FINANCING FOR THE PURPOSE OF PROVIDING FOR THE
CONSTRUCTION, DEVELOPMENT AND FINANCING OF CERTAIN PARKING AND RELATED FACILITIES
BY HILTON HOTEL/C-D INVESTMENT COMPANY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 81R-469 and 81R-470 duly passed and adopted.
MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt, the
modification to the agreement with Hilton/C-D Investment as outlined in letter
dated October 6, 1981, from Hilton Hotels Corporation was approved. MOTION CARRIED.
RECESS: By general consent, the Council recessed for 20 minutes. (3:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (3:50 p.m.)
CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2230 AND NEGATIVE
DECLARATION: Application by Earl L. Singleton and~ James Clayton Peacock, to
permit a convenience market with gasoline sales on CL zoned property located
at 301 South Euclid Street.
The City Planning Commission, pursuant to Resolution No. PC81-157, declared that
the subject project be exempt from the requirement to prepare an Environmental
Impact Report pursuant to the provisions of the California Environmental Quality
Act since there would be no significant individual or cumulative adverse
environmental impacts due to this project and further, denied Conditional Use
Permit No. 2230.
The decision of the Planning Commission was appealed by ARCO and public hearing
scheduled August 18, 1981 (see minutes of that date), continued to September 29,
1981, and further continued to this date.
The Mayor asked to hear from the applicant or applicant's agent.
Mr. Thomas Goodman, representing ARCO, explained that ARCO had tried to work out
a conceptual compromise with regard to the site, but he did not believe they were
going to arrive at that because of the second part of the request of the Traffic
Engineer, that ARCO and the City jointly fund a study to analyze traffic flow at
81-1270
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
a cost of $15,000 to $20,000. He did not feel that the City wanted to fund such
a study, nor would ARCO, for this one occasion. He confirmed that they had no
objection to closing the Broadway ingress to the property closest to the inter-
section of Broadway and Euclid Streets, but they would object to closing the
driveway closest to the intersection on Euclid Street and he again reiterated
the reasons why. He also confirmed, after questioning by the Mayor, that the
only possible way they could see the proposed conversion being accomplished was
to close the most easterly ingress on Broadway, but leaving everything else as
at present. Further, the potential profit from the site would be negligible if
they had to move the present structure further back on the property.
155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Bay, seconded by Councilman Overholt, the City Council finds that this project
would have no significant individual or cumulative adverse environmental impacts
due to the approval of this negative declaration since the Anaheim General Plan
designates the subject property for general commercial 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 is,
therefore, exempt from the requirement to prepare an environmental impact report.
MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 81R-471 for adoption denying
Conditional Use Permit 2230, upholding the findings of the City Planning
Commission. Refer to Resolution Book.
RESOLUTION NO. 81R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 2230.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution No. 81R-471 duly passed and adopted.
175: ELECTRIC UTILITY BILLINGS - JUNE AND JULY, AUGUST AND SEPTEMBER, 1981:
Councilman Bay requested the following information in two weeks on residential
billings for electricity, only as a result of feedback he had received from many
citizens that their actual billings for the subject periods (June-July, 60 days--
August-September, 59 days) were running as high as, or over, 100 percent of what
their bills had previously been averaging with not that much change in usage.
It was his understanding that the increase voted by the Council was supposed
to have been about 25 percent:
81-1271
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
The actual meter readings versus estimated meter readings; how many meters were
not read but estimated for each of the subject periods; current general information
relative to meter reading by telescope over back walls and to what extent that
practice was utilized in the City across residential areas; were there any
computer problems in billings during the two subject periods that the Council
might not be aware of, as well as meter reading problems or any other anomalies
staff might know of from June through September.
City Manager Talley noted that a full Council would not be present in two weeks
and suggested that the report be prepared and submitted October 27, 1981, which
was acceptable to Councilman Bay.
174: PRESIDENT REAGAN'S PROPOSED BUDGET REDUCTIONS OF HUD HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS - MAJORITY POSITION, ANAHEIM CITY COUNCIL: City
Attorney William Hopkins submitted the resolution requested by the Mayor at the
previous meeting. If satisfactory, no further action was necessary since the
Council vote had been taken at the September 29, 1981, meeting.
The Mayor stated he would like to have another vote on the resolution.
Councilman Seymour again offered Resolution No. 81R-462 for adoption, setting
forth the majority position of the Anaheim City Council relative to the President's
proposed budget reductions of HUD Housing and Community Development Block Grant
Funds. Refer to Resolution Book.
RESOLUTION NO. 81R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TO THE PRESIDENT RONALD REAGAN AND SECRETARY OF HUD SAMUEL R. PIERCE CONCERNING
HUD'S HOUSING AND COMMUNITY BLOCK GRANT PROGRAMS.
Before a vote was taken, Councilwoman Kaywood stated she was again going to
abstain since she felt that some of the wording sounded like political speeches.
She was elected to look out for the best interests of Anaheim and would continue
to do so, case by case, with facts.
Councilman Roth requested that the names of the four Council Members in support
be included in the resolution; the Mayor asked the City Attorney to include the
four "aye" vote names on the resolution.
Roll Call Vote:
AYES: COUNCIL M~ERS: Overholt, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 81R-462 duly passed and adopted.
81-1272
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
105: APPOINTMENT TO THE PLANNING COMMISSION: Councilman Bay nominated Bob Messe
to fill a vacancy on the Planning Commission for the term ending June 30, 1982;
Councilman Roth nominated Jim Oft; Councilman Overholt nominated Earl C. McBurney.
Councilwoman Kaywood moved to close nominations. Councilman Overholt seconded the
motion. MOTION CARRIED.
The Mayor called for a roll call vote on each of the nominees in the order in
which they were nominated.
Bob Messe -
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood and Bay
Overholt, Roth and Seymour
None
The motion failed to carry.
Jim Ort -
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Roth and Seymour
Overholt, Kaywood and Bay
None
The motion failed to carry.
Earl McBurney -
AYES: COUNCIL MEMBERS: Overholt and Seymour
NOES: COUNCIL MEMBERS: Bay and Roth
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
Mayor Seymour first gave Councilwoman Kaywood the opportunity to clarify her
abstention, since it would mean the appointment of Mr. McBurney to the Planning
Commission.
Councilwoman Kaywood thereupon moved to continue the appointment for one week.
The motion died for lack of a second.
The City Attorney confirmed that unless Councilwoman Kaywood had a financial
interest in the matter, her abstention vote would be considered a positive vote.
Councilwoman Kaywood stated she was changing her vote to a "no" vote at this time.
Councilman Roth moved for a one week continuance in order to obtain additional infor-
mation on the candidate. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
81-1273
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, ~2, 1:30 P.M.
105: CLARIFICATION OF A RESIGNATION FOR PAC: City Clerk Linda Roberts announced
that last week it had been reported that Mr. Paul Wimer had resigned from PAC and,
although posting had been made, he had, in fact, been terminated. The record would
so state that the Council declared the seat vacant, rather than accepting a
resignation.
107: DISCUSSION OF OCCUPANCY INSPECTION PROGRAM: City Clerk Roberts announced
that a request had been received from the Patrick Henry Neighborhood Council for
a night meeting on October 27, 1981, to discuss the Occupancy Inspection Program.
Councilwoman Kaywood moved to approve the subject request. Councilman Overholt
seconded the motion. Councilman Bay voted "no." Councilmen Roth and Seymour
abstained. MOTION CARRIED.
The Mayor explained for Councilman Overholt the reason for his abstention lay in
the fact that the City Attorney had advised him that he could have a potential
conflict of interest in the matter and thus would abstain from participation.
Councilman Bay explained that there had been a great deal of discussion on the
subject within the City-County Government Committee of the Chamber, and he was
aware that speakers had been arranged to speak at the 3:00 p.m. time. He was
concerned that those facts be heard. However, he would not continue to speak
against an evening hearing if that was the wish of the majority of the Council.
The Mayor confirmed then that there would be an evening hearing on the Occupancy
Inspection Program on October 27, 1981, at 7:00 p.m.
105: RATIFICATION OF APPOINTMENT TO THE COMMUNITY CENTER AUTHORITY: The City
Clerk reported that the Anaheim Union High School District had ratified the
appointment of Mr. Steven Schacht to the Community Center Authority.
148: VOTING DELEGATE - NATIONAL LEAGUE OF CITIES MEETING: Councilman Seymour
moved that Mayor Pro Tem Roth be the voting delegate at the National League of
Cities meeting to be held in Detroit, Michigan, November 28, 1981, through
December 2, 1981, if his attendance were possible. Councilman Bay seconded
the motion. MOTION CARRIED.
148: ALTERNATE VOTING DELEGATE - STATE LEAGUE OF CITIES MEETING: Since Mayor
Pro Tem R0th would not be attending'the subject meeting, Councilman Seymour moved
that Councilman Overholt be the alternate voting delegate at the State League
of Cities meeting to be held in San Francisco, October 18 through 20, 1981.
Councilman Roth seconded the motion. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman
Kaywood, the following actions were authorized in accordance with the reports
and recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda.
81-1274
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, /~, 1:30 P.M.
1. 118: CLAIMS AGAINST THE CITY: Claims denied and referred to Risk Management
or denied and referred to Bayly, Martin and Fay/San Antonio, or allowed payment:
The following claims were denied and referred to Risk Management:
a. Claim submitted by Ernest LaCroix for personal property damages to tire,
purportedly sustained when tire buster at the Convention Center was turned the
wrong way, on or about July 4, 1981, at 10:00 p.m.
b. Claim submitted by Industrial Indemnity Company, Union Ice Company, Insured,
for damages purportedly sustained when City Supervisory and Communications Cable
was struck by a driver of the Union Ice Company due to a low overhead line, on
or about July 14, 1981, at the 57 Freeway and Miraloma.
c. Claim submitted by Willard Andres Carpenter for personal injuries purportedly
sustained by claimant when an electric cable controlled by the City of Anaheim
dropped to the highway and struck claimant's vehicle in the vicinity of'State
Highway 57 near the intersection of Miraloma, Placentia, on or about July 14,
1981, at 9:45 a.m.
The following claim was denied and referred to Bayly, Martin and Fay/San Antonio:
d. Claim submitted by Richard and Sean Guzman for personal injuries purportedly
sustained as a result of unlawful entry (without search warrant or probable
cause) into claimant's property, and assault and battery of their persons by
Anaheim police officers, who entered premises on or about June 8, 1981, at
2991 White Star Avenue.
The following claims were allowed:
e. Claim submitted by Jules Lawrence Benne for damages purportedly sustained
when claimant was rear-ended by a City driver while stopped for a traffic light,
50 yards north of the intersection of Euclid and Medical Center Drive going
south on Euclid, on or about September 4, 1981, at 1:30 p.m.
f. Claim submitted by Robert Donato for damages purportedly sustained as a
result of chewing gum on chair, during lunch at the Convention Center, on or
about June 14, 1981.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 105: Golf Course Advisory Commission--Minutes of September 17, 1981.
MOTION CARRIED.
81-1275
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, ~ 1:30 P.M.
140: AWARD OF CONTRACT -HASKETT BRANCH LIBRARY, HEATING, VENTILATING AND AIR
CONDITIONING: On motion by Councilman Roth, seconded by Councilwoman Kaywood,
Award of Contract for Haskett Branch Library, Heating, Ventilating and Air Condition-
ing Project, Account No. 75-252-7121, was continued to October 13, 1981, as
recommended by the City Engineer in his memorandum dated September 28, 1981.
MOTION CARRIED.
108: PUBLIC DANCE PERMIT: Application submitted by Robert W. Glendening,
Active 20-30 Club, for a public dance to be held October 18, 1981, 1:00 p.m.
to 10:00 p.m. in a building located at 2840 East Gretta Lane.
Councilman Roth moved to continue consideration of the subject permit for one
week, as requested by the applicant. Councilman Overholt seconded the motion.
MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 81R-472 through
81R-476, both inclusive, for adoption in accordance with the reports, recommendations
and certifications furnished each Council Member and as listed on the Consent
Calendar Agenda. Refer to Resolution Book.
158: RESOLUTION NO. 81R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (The Pacific
Telephone and Telegraph Company; Lifetime Painting & Dry Wall, Inc.; Robert N.
Jackson)
169: RESOLUTION NO. 81R-473: 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: LEWIS STREET
STREET IMPROVEMENT, 469' S/O TO 1171' S/O ORANGEWOOD AVENUE, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 13-792-6325-E2730 AND 24-676-6329-1205-37300, APPROVING THE
DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION
THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE
WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be opened on November 5, 1981, at 2:00 p.m.)
164: RESOLUTION NO. 81R-474: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CDNVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CERRITOS AVENUE
STORM DRAIN IMPROVEMENT, 1048' E/O ANAHEIM BOULEVARD TO ANAHEIM BOULEVARD AND
SUNKIST STREET TO 595' W/O SUNKIST STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
13-791-6325-El180 AND 47-791-6325-El150, APPROVING THE DESIGNS, PLANS, PROFILES,
DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFI-
CATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on
November 5, 1981, at 2:00 p.m.)
81-1276
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
169: RESOLUTION NO. 81R-475: 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: NOHL RANCH ROAD STREET
IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2680. (Industrial
Fence and Supply, Incorporated)
164: RESOLUTION NO. 81R-476: 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: ACACIA STREET STORM DRAIN -
ROMNEYA DRIVE TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 47-791-6325-
Ell60. (B-1 Enterprises Corporations)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 81R-472 through 81R-476, both inclusive, duly
passed and adopted.
ORDINANCE NO. 4273: Councilman Roth offered Ordinance No. 4273 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4273: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE MUNICIPAL CODE RELATING TO ZONING. (80-81-3, RM-3000, Tract No. 11178)
Before a vote was taken, Councilwoman Kaywood stated she was voting "no" as
she had on the original application.
A vote was then taken on the foregoing ordinance.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
0verholt, Roth and Seymour
Kaywood and Bay
None
The Mayor declared Ordinance No. 4273 duly passed and adopted.
ORDINANCE NO. 4274: Councilman Roth offered Ordinance No. 4274 for adoption.
Refer to Ordinance Book.
81-1277
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
ORDINANCE NO. 4274: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-5, RM-3000, Tract No. 11211)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4274 duly passed and adopted.
142/179: ORDINANCE NO. 4276: Councilwoman Kaywood offered Ordinance No. 4276
for First Reading.
ORDINANCE NO. 4276: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.110
OF CHAPTER 18.04, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Ail Zoning Code violations deemed to be public nuisances.)
142/105: ORDINANCE NO. 4277 - PERTAINING TO THE YOUTH COMMISSION: City Attorney
Hopkins first confirmed for Councilwoman Kaywood that the attendance requirements
for the Youth Commission were covered by their by-laws.
Councilwoman Kaywood thereupon offered Ordinance No. 4277 for First Reading.
ORDINANCE NO. 4277: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1,
CHAPTER 1.04, SECTIONS 1.04.910, 1.04.930 AND 1.04.940 AND ENACTING A NEW
TITLE 1, CHAPTER 1.04, SECTIONS 1.04.910, 1.04.930 AND 1.04.940.
114: ATTENDANCE AT AIR QUALITY SEMINAR: Councilman Roth explained that he
would be attending an Air Quality Seminar in Palm Springs starting Tuesday,
October 13, 1981, through October 17, 1981, and, therefore, would be leaving
the October 13, 1981, Council meeting at approximately 4:00 p.m.
150: COMPLAINT - VAGRANTS IN PEARSON PARK: Councilman Bay referred to a Hotline
complaint of October 5, 1981, regarding vagrants at Pearson Park, received from
Carol Reamer, wherein she indicated that she was advised by an officer that the
City no longer had any vagrancy laws, which was news to him. He referred to
complaint to the City Attorney and City Manager and asked that when an answer was
provided, he would like to see it.
City Manager Talley stated that they would respond. They already had a copy of
the complaint and could address his question today.
City Attorney Hopkins stated that vagrancy fell under the Penal Code provisions.
There were ordinances on the books in the City which the courts upheld were
superceded by the California Penal Code. However, he would research the matter
and provide an answer next week.
81-1278
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation with action anticipated. The City Manager requested a
Closed Session to discuss a personnel matter with no action anticipated.
RECESS: Councilman Roth moved to recess into Closed Session. Councilwoman
Kaywood seconded the motion. MOTION CARRIED. (4:47 p.m.)
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members
being present. (5:20 p.m.)
RECESS: By general consent, the Council recessed until 7:00 p.m.
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members
being present. (7:07 p.m.)
120/163: REQUEST TO LITIGATE PROBLEMS - 1800 BLOCK OF CHANTICLEER ROAD - LACK
OF CUL-DE-SAC - DIRECT ACCESS TO LOARA HIGH SCHOOL: A communication was received
from Mr. A1 Halpern, 1802 Chanticleer Road, dated July 12, 1981 (on file in the
City Clerk's office), requesting a discussion of conditions and activities in
the 1800 block of Chanticleer Road (continued from the meeting of September 15,
1981).
At the request of Mayor Seymour, Mr. Paul Singer, Traffic Engineer, briefed the
Council on Staff Recommendations listed in report dated September 1, 1981, from
the Engineering Division, Public Works Department (on file in the City Clerk's
office) which listed five alternatives to assist in helping to alleviate some of
the problems outlined in Mr. Halpern's letter of July 12, 1981, with regard to
the gate opening to the Loara High School field at the dead end of the 1800
block of Chanticleer. Alternatives 1, 2 and 3 consisted of a standard cul-de-sac
with a six-foot block wall fence estimated at $30,000; Alternative 4, a modified
cul-de-sac within the existing right-of-way and a six-foot block wall fence
estimated at $13,000; and Alternative 5, the construction of a block wall fence
only, estimated at $10,000. Mr. Singer elaborated upon those alternatives and
also discussed the trash pickup problems which were also a part of Mr. Halpern's
concern.
The Mayor then asked to hear from Mr. Halpern.
Mr. A1 Halpern, 1802 West Chanticleer'Road, first presented evidence in the forms
of trash left by his premises shortly after trash pickup, baseballs hit through
his bedroom window, golf balls, etc. He then elaborated upon the problems they
were experiencing on Chanticleer as reported extensively in his July 12, 1981,
letter to the Council, revolving around the gate opening at the end of the street
used by Loara High School students, as well as by the public on weekends, to gain
access to the athletic field and the problems attendant to that use. They needed
relief, and he qualified for the Mayor that of all the alternatives proposed to
eliminate the opening, a cul-de-sac would be the solution.
81-1279
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
The following people then spoke in favor of an appropriate closure and further
related problems they were experiencing: Mr. Elliott Short, 1813 Chanticleer;
and Mr. Tom Leggat, 1807 Chanticleer.
David Des Roches, Community Relations Officer for Loara High School and a member
of the Anaheim Youth Commission, 508 South Anthony, outlined the steps the school
had taken to alleviate some of Mr. Halpern's problems. He also reported on the
couple hired by the School District who lived in a mobile home on the school
campus, the purpose for which was to mitigate the vandalism problem and also to
report on any unusual happenings. The District policy would be whatever the
City decided to do and they would pay one/half the cost; however, they would be
against any alternative that would require the school to cede any of its land.
He confirmed for the Mayor that Alternative No. 4 would be the best.
Mr. Stan Lattimer, Business Manager for the School District, agreed that
Alternative No. 4 was the most feasible. They would be willing to work with
the City in sharing the cost of the wall as opposed to the street improvements.
They would maintain the wall in proper form.
Mr. Tom Kenaley, Principal, Loara High School, invited members of the Council
to the campus to gain a better understanding of the situation. The mobile home
with the live-in couple was located on the campus in near proximity to Chanticleer.
That area was not the only place where there was need to respond to problems
involving young people. Their emphasis was on the school buildings and the
Parks and Recreation Department had control of the athletic field in those
hours when the school was not using the fields.
There being no further persons who wished to speak, the Mayor closed the public
hearing.
MOTION: Councilman Seymour moved to approve Alternative No. 4 as listed in
report dated September 1, 1981, from the City Engineer, estimated at $13,000,
providing a modified cul-de-sac within the existing right-of-way, and a six-
foot block wall fence to be built on school property; cost of block wall,
$2,000--School District to pay for one/half, $1,000, and the wall to be main-
tained by the School District--balance of the cost of the project to be
appropriated from the Council Contingency Fund. Councilwoman Kaywood seconded
the motion.
Before a vote was taken and after Council discussion relative to mitigating
problems relating to the athletic field on the weekends, Councilman 0verholt
suggested that the problems discussed be referred to the Park and Recreation
Commission for their input as to how they might be resolved.
A vote was then taken on the foregoing motion. MOTION CARRIED.
81-1280
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
172: BROOKHURST NEIGHBORHOOD WATCH GROUP - REQUEST TO DISCUSS TRAFFIC CONDITIONS
ON BROOKHURST STREET AT WOODLEY OR CATALINA STREET AND THE NEED FOR TRAFFIC
SIGNALIZATION: Mr. Louis Dexter, 305 North Ranchito, Director, Brookhurst
Neighborhood Watch Group, first offered a moment of silence for the two teenage
girls who were fatally injured by a hit-and-run driver at the intersection of
Brookhurst Street and Woodley Avenue on August 30, 1981, Jodie Niverson and
Dawn Brizendine.
The Mayor then opened the hearing and the following people spoke in favor of
the City installing traffic signals at the intersections of Brookhurst and
Woodley and Catalina Streets, most importantly for pedestrian safety, themselves
and their children, and due to excessive speeds on Brookhurst Street, especially
traffic coming off the Santa Ana Freeway and traveling south, and also to more
safely and efficiently exit their tracts or homes onto Brookhurst to be able to
travel north and south: Dennis Welbourne, 304 North Ranchito (step-father of
Jodie Niverson); Roberta Welbourne, 304 North Ranchito; Jeanne Brizendine,
300 North Ranchito; Louis Dexter, 305 North Ranchito (see five-page presentation
outlining the major concerns of the neighborhood, on file in the City Clerk's
office, which Mr. Dexter read in its entirety); Tony Balzer, 300 North Ranchito;
Krista Mitchell, 203 North Ranchito; Jodi Mitchell, 203 North Ranchito; Dina
Niverson, 304 North Ranchito (presented a petition containing approximately
600 signatures requesting that a traffic signal be installed at the corner of
the Woodley-Catalina and Brookhurst intersection); Robert Sherman, 322 North
Brookhurst; Chris VanSickle, 224 Kathryn Drive; Patrick Rodriguez, 308 North
Ranchito; Monty Bye, 316 North Ranchito; Maria DaVilla, 412 North Brookhurst;
Clay Mudd, 230 North Ranchito; Joy VanSickle, 224 Kathryn Drive; Mike Sullivan
(resident of Long Beach but friend of families whose daughters were killed);
Jody (male) Hansen, 303 North Kathryn Drive; Judy LaMagna, 323 North Brookhurst;
Ron Belk, 300 North Kathryn Drive; Michael Slack, 2128 Alameda; Kathy Clevinger,
Catalina Street; Jack Blevins, 316 North Kathryn Drive; John Yomus, Jr.,
221 North Brookhurst; Joe Nordi, 2121 Catalina; Blanca Morcai, 303 North
Brookhurst (owner of Golden Lion Florist at 323 North Brookhurst); and
Annette Cloud, 329 North Kathryn Drive.
The Mayor closed the public hearing.
MOTION: Councilman Seymour concluded that if a traffic signal would do nothing
more than slow traffic down, it would be something positive, and he concurred
with what had been said this evening. He thereupon moved to instruct the
Traffic Engineer to advise how they could best, most efficiently and safely,
signalize the intersection of Brookhurst Street and Woodley and Catalina, and
directing the City Manager to determine where the estimated $78,000 to provide
such signalization would come from without going to the Council Contingency
Fund or upsetting the current traffic signal priority list. Councilman Roth
seconded the motion.
81-1281
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
Following Council discussion and also questioning of the Traffic Engineer for
purposes of clarification, a vote was taken on the foregoing motion. MOTION
CARRIED UNANIMOUSLY.
City Manager Talley stated it was his interpretation that the motion implied
that the matter be expedited, but because staff was committed totally to the
other traffic signals program at present, he would come back in a week or two
with a recommendation that they "farm" the project out. While the design effort
was underway, they would be working on a report as to where the money would be
coming from.
RECESS - CLOSED SESSION: Councilman Overholt moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (9:43 p.m.)
AFTER CLOSED SESSION: The Mayor called the meeting to roder, all Council
Members being present. (10:35 p.m.)
108: URGENCY ORDINANCE NO. 4278 - CHARITABLE SOLICITATION AND FUND RAISING
ACTIVITIES: Councilman Seymour offered Ordinance No. 4278 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 4278: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 7,
CHAPTER 7.32, SECTIONS 7.32.030, 7.32.040 AND 7.32.050 PERTAINING TO CHARITABLE
SOLICITATION AND FUND RAISING ACTIVITIES, ENACTING NEW SECTIONS THEREFORE,
DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Ordinance No. 4278 duly passed and adopted.
123/112: SETTLEMENT OF LITIGATION INVOLVING EMERGENCY SERVICES (FIRE DEPARTMENT)
PERFORMED BY IT CORPORATION: Councilman Seymour moved to (1) authorize an
agreement between the City of Anaheim and IT Corporation in the amount of $5,481.56
in connection with settlement of litigation involving emergency services per-
formed by IT Corporation in May and June, 1980, and authorizing the Mayor and
City Clerk to execute said agreement; (2) authorize an agreement between the City
of Anaheim and IT Corporation in the amount of $50,804.36 in connection with
settlement of litigation involving emergency services performed by IT Corporation
in November, 1980, and authorizing the Mayor and City Clerk to execute said
agreement; (3) authorize an agreement between the City of Anaheim and IT
Corporation in the amount of $34,201.84 in connection with settlement of liti-
gation involving emergency services in May, 1980, and authorizing the Mayor
and City Clerk to execute said agreement. Councilman Bay seconded the motion.
MOTION CARRIED.
81-1282
City Hall, Anaheim, California - COUNCIL MINUTES - October 6, 1981, 1:30 P.M.
ADJOURNMENT: Councilman Roth moved to adjourn to Tuesday, October 13, 1981,
at 12:00 Noon, in the Council Conference Room, for the purpose of a Closed
Session. Councilman Overholt seconded the motion. MOTION CARRIED. (10:40 p.m.)
Mayor Seymour called the adjourned regular session to order on Tuesday,
October 13, 1981, at 12:00 noon, in the Council Conference Room.
RECESS - CLOSED SESSION: By general consent, the Council recessed into
Closed Session (12:00 noon).
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:00 p.m.)
ADJOURNMENT: On motion by Councilwoman Kaywood, seconded by Councilman Roth,
the Council meeting of October 6, 1981, was adjourned. MOTION CARRIED.
(3:00 p.m.)
LINDA D. ROBERTS, CITY CLERK