1979/04/1079-388
City Hall, Anaheim, California - COUNCIL MINUTES - April 10, 1979, 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
CITY ENGINEER: William Devitt
TRAFFIC ENGINEER: Paul Singer
ASSISTANT DIRECTOR FOR PLANNING: Annika Santalahti
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A moment of silence was observed in lieu of Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Overholt,
minutes of the regular meeting held December 5, 1978 were approved subject to
typographical corrections. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading, in full, of all ordinances and resolutions and that consent
to the waiver of reading is hereby given by all Council Members unless, after
reading of the title, specific request is made by a Council Member for the read-
ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,999,737.95, in accordance
with the 1978-79 Budget, were approved.
CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth,
seconded by Councilman Kott, the following actions were authorized as recommended:
a. 160: Award of repair to air conditioning motor located at the Convention
Center to Applied Air Engineering, LTD, was approved in the amount of $12,750
and the Purchasing Agent authorized to negotiate any additional repairs.
b. 164: Award of Hidden Canyon Reservoir contract (Account No. 51-619-7105-
02180-31200) was continued to April 24, 1979.
c. 164: Award of Hidden Canyon Pumping Station contract (Account No. 51-619-
7105-92180-32420) was continued to April 24, 1979.
d. 164: Award of Project Alpha Off-Site Water Main contract (Account No. 51-
606-6340-34350) was continued to April 24, 1979.
79-389
City Hall, Anaheim, California - COUNCIL MINUTES - April 10, 1979, 1:30 P.M.
e. 169: Award of the Nohl Ranch Road/Meats Avenue Improvement Project (A.H.F.P.)
Project Nos. 908, 909 and 846, (Account Nos. 13-792-6325-2130, 13-794-6325-409,
01-794-6325-4090 and 13-792-6325-2150) was continued to April 17, 1979.
MOTION CARRIED.
160: BID NO 3517 - POLICE PATROL CARS: This item was removed from the Consent
Calendar by Councilman Kott who indicated it was difficult for him to believe
that more automobile dealers did not wish to submit bids.
It was explained later in the meeting that often when a major order such as this
is involved the factory determines it will assist one dealer, the other dealerships
are all aware of who is receiving the assistance, and therefore, will not submit
bids.
MOTION: On motion by Councilman Kott, seconded by Councilman Roth, the award of
Bid No. 3517 for Police Patrol Cars was made to Cone Chevrolet in the amount of
$154,609.69, as recommended by the Purchasing Agent. MOTION CARRIED.
150: AUTHORIZATION FOR DESTRUCTION OF RECORDS - PARKS, RECREATION AND COMMUNITY
SERVICES DEPARTMENT: In accordance with the recommendation submitted by James
D. Ruth, Deputy City Manager, Councilman Kott offered Resolution No. 79R-196
for adoption, authorizing destruction of part-time personnel records dating
prior to January 1, 1975. Refer to Resolution Book.
RESOLUTION NO. 79R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS
AND PAPERS MORE THAN TWO YEARS OLD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution No. 79R-196 duly passed and adopted.
174: FUNDING PROPOSAL - ACTION - HUMAN SERVICES VOLUNTEER PROGRAM: Councilwoman
Kaywood offered Resolution No. 79R-197 for adoption authorizing Parks, Recreation
and Community Services Department to submit a funding proposal in the amount of
$18,923 to ACTION to fund the implementation of a comprehensive Human Services
Volunteer Program. Refer to Resolution Book.
RESOLUTION NO. 79R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE CITY, THROUGH ITS PARKS, RECREATION AND COMMUNITY SERVICES DEPART-
MENT, TO SUBMIT A GRANT APPLICATION TO ACTION FOR FUNDS TO IMPLEMENT A COMPREHEN-
SIVE HUMAN SERVICES VOLUNTEER PROGRAM IN ANAHEIM, AND AUTHORIZING THE CITY MANAGER
OR ITS DESIGNATED REPRESENTATIVE TO EXECUTE ALL NECESSARY APPLICATIONS AND
DOCUMENTS IN CONNECTION THEREWITH.
79-390
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 10~ 1979, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution No. 79R-197 duly passed and adopted.
124: ANAHEIM CONVENTION CENTER EXPANSION, BETTERMENT II: In accordance with
the recommendation submitted by the City Attorney's Office, Councilman Kott
offered Resolution No. 79R-198 and 79R-199 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 79R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE CITY ATTORNEY AND THE FINANCE DIRECTOR TO EXECUTE AND DELIVER
CERTAIN DOCUMENTS AND INSTRUMENTS AND TAKE CERTAIN ACTION IN CONNECTION WITH THE
ISSUANCE AND SALE OF REVENUE BONDS, SERIES C, OF THE COM~fUNITY CENTER AUTHORITY.
RESOLUTION NO. 79R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
(A) CERTIFYING THAT IT HAS REVIEWED AND CONSIDERED A FINAL ENVIRONMENTAL IMPACT
REPORT, (B) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, (C) ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND (D) APPROVING THE PROJECT FOR THE
ANAHEIM CONVENTION CENTER EXPANSION, BETTERMENT II. (EIR NO. 226)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 79R-198 and 79R-199, both inclusive, duly
passed and adopted.
105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD - JOAN J. DEAN: Councilwoman
Kaywood nominated Mrs. Joan Dean, 619 West Grafton Place, to the Community Services
Board for the term ending June 30, 1979, said vacancy left by the resignation
of Beverly Fast. Councilman Roth nominated Mrs. Eileen Anthony for the appointment.
Both Council Members gave a brief synopsis of the qualifications of each
candidate for the appointment.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the nominations
were closed. MOTION CARRIED.
Roll Call Vote was taken on the nomination of Joan J. Dean:
AYES:
NOES
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Kott, and Seymour
Overholt and Roth
None
MOTION: Following the roll call vote, it was moved by Councilman Overholt,
seconded by Councilman Roth, that the appointment of Mrs. Dean to the Community
Services Board for the term ending June 30, 1979, be unanimous. MOTION CARRIED.
79-391
City Hall~ Anaheim, California - COUNCIL MINUTES - April 10, 1979, 1:30 P.M.
167: REQUEST FOR WAIVER OF REQUIREMENT TO CONSTRUCT TRAFFIC SIGNAL - SANTA
ANA CANYON ROAD AND AVENIDA MARGARITA (RECLASSIFICATION NO. 73-74-25):
(Continued from the meeting of April 3, 1979). Mr. Talley reported that since this
Item was last discussed by the Council on April 3, 1979, he had investigated and
could discover no staff member who could recall refusing or seeing a check for
$40,000 in payment of traffic signal fees on this matter, nor could any trace of
it be found in any written records.
Mr. David Powell, Vice-President of Santa Anita Development Corporation, stated the
facts which he felt pertinent to the situation, i.e., the three separate building
permits were issued for this construction at three different times and to three
different individuals. On the issuance of these three permits, a total sum was
paid to the Building Department of $10,527 for traffic signal assessment fees.
Mr. Powell also clarified that the submission of plans for a traffic signal
were presented to satisfy engineering requirements, and it was not a requirement
that they construct a signal. He summarized that his firm would be willing to
accept the Council's offer of last week, that they be allowed to pay the con-
struction cost for the signal as it was estimated at $45,000. He reiterated
that at all times his firm was attempting to comply with what they felt was
the City's intent.
It was further pointed out by Mr. Powell that two adjacent corners of this
intersection will be developed at a later time, and he asked whether these
future developers might be assessed at that time for their share of this signal,
and these fees reimbursed to his firm to offset their investment.
MOTION: At the conclusion of discussion, on motion by Councilman Roth, seconded
by Councilman Kott, the City Council authorized the refund of $10,527 collected
in traffic signal fees from Santa Anita Development Company; and further directed
that this developer should conform to Condition "e" of Reclassification No. 73-74-25
by constructing the traffic signal at current costs; further that the traffic
signal assessment fees collected from properties on the adjacent corners of
this intersection at the time they are developed will be reimbursed to Santa
Anita Development Company to offset their initial investment, the City Attorney
to prepare a reimbursement agreement therefor. MOTION CARRIED.
176: PUBLIC HEARING - ABANDONMENT NO. 78-21A: In accordance with application
filed by Mr. Albert J. Etchandy, et al, public hearing was held on a proposed
abandonment of a road and public utility easement over a portion of the easterly
20 feet of Old Jefferson Road, 173 feet long, beginning approximately 1146 feet
south of the centerline of La Palma Avenue, pursuant to Resolution No. 79R-164
duly published in the Anaheim Bulletin, and notices thereof posted in accordance
with the law.
Reports and recommendations from the City Engineer and Planning Commission were
submitted recommending said abandonment be approved, subject to the following
conditions: (1) reserve a public utility easement for electric power poles
and lines and a 36-inch water main and (2) reserve an easement for drainage over
and through the area. In addition the Planning Director reports that an
environmental review of the request for the abandonment finds it categorically exe~
Class 5, as defined in paragraph 2 of the City of Anaheim Environmental Impact
Report Guidelines from the requirement of filing an EIR.
79-392
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 10, 1979~ 1:30 P.M.
Mayor Seymour asked if anyone wished to address the Council; there being no
response he declared the hearing closed.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City Council ratified the determination
of the Planning Director that the proposed activity falls within the definition
of Section 3.01 of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is therefore categorically exempt for the
requirement to file an EIR. MOTION CARRIED.
Councilwoman Kaywood offered Resolution No. 79R-200 for adoption approving
Abandonment No. 78-21A subject to the conditions as recommended by the City
Planning Commission. Refer to Resolution Book.
RESOLUTION NO. 79R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF OLD JEFFERSON ROAD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution No. 79R-200 duly passed and adopted.
174: H.E.R.E. RAPE CRISIS CLINIC - LEAA FUNDING EXTENSION: Request of Dee
Spring, Project Director for the H.E.R.E. Rape Crisis Clinic, for additional
funding in the amount of $334 to qualify for the LEAA Grant extension, was
submitted together with a report from Parks, Recreation and Community Services
Department.
Councilman Seymour offered Resolution No. 79R-201 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 79R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A GRANT OF FUNDS FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR LAW
ENFORCEMENT PURPOSES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution No. 79R-201 duly passed and adopted.
150: ANAHEIM HISTORIC MUSEUM COMMITTEE: The request submitted by Midge Taggart
on behalf of the Anaheim Historic Museum Committee to use the names of the Mayor
and City Council on their stationery was continued one week, on motion by Council-
man Overholt, seconded by Councilwoman Kaywood, to allow time to receive samples
of the proposed stationery and some update on the Committee's activities MOTION
CARRIED. ·
79-393
City Hall~ Anaheim, California - COUNCIL MINUTES - April 10~ 1979~ 1:30 P.M.
162: RIDING AND HIKING TRAILS COMMITTEE - SECOND ANNUAL BENEFIT TRAIL RIDE~
HIKE AND BARBECUE: On motion by Councilman Roth, seconded by Councilwoman
Kaywood, the Anaheim City Council endorsed the Second Annual Benefit Trail
Ride,~Hike and Barbecue scheduled Sunday, May 6, 1979, as requested by the
Riding and Hiking Trails Committee. MOTION CARRIED.
136: MEDIX AMBULANCE -REQUEST TO PROVIDE A AMBULANCE SERVICE IN THE CITY:
Mr. Michael Dimas of Medix Ambulance, 1975 South State College Boulevard,
was recognized and presented his request to the City Council that he be
allowed to provide ambulance service within a specific area of the City
on an exclusive call basis. Mr. Dimas advised that he has been in business
in Anaheim since January 1978 and that he has three vehicles in service and
a fourth on order at the present time. He described the types of equipment
above and beyond that which is required, which his vehicles carry voluntarily.
In addition he cited that his firm has a very low rate of employee turnover
which is conducive to better service. He concluded that he is personally
convinced that he can provide the City better service with better response
time and requested an opportunity to prove himself and his company.
Together with Mr. Dimas' written request to address the Council, he submitted
letters of recommendation from several individual physicians and convalescent
care hospitals. A report from the Fire Department was also submitted recommending
that the City Council continue the present mode of emergency and ambulance
service, i.e. to utilize the service of Southland Ambulance Company where
emergency ambulance transportation was required within the community.
At the conclusion of Mr. Dimas' presentation, Council Members Roth and Seymour
expressed the opinion that although they were impressed with Mr. Dimas' ambition
and the apparent early success of Medix Ambulance Company, they did not feel
they could jeopardize the fine relationship and record of service the City has
enjoyed with Southland Ambulance, as it would not be in the best interest of the
community.
MOTION: Councilman Seymour moved that the City Council direct the City Manager
to continue with the present mode of ambulance service with Southland Amublance,
as recommended by the Fire Department. Councilman Kott seconded the motion.
MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman
Kott, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda, with the exception of the Tentative Tract, approval of which
by the Planning Commission became final:
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's insurance carrier or the self-insurance administrator:
a. Claim submitted by Gary Arlin Beaudrie for damages purportedly sustained as
a result of actions by Anaheim Police on or about March 13, 1979.
79-394
City Hall~ Anaheim, California - COUNCIL MINUTES - April 10~ 19797 1:30 P.M.
b. Claim submitted by Thomas E. Conrad for loss of vehicle and contents
puportedly sustained as a result of said vehicle being stolen from the Convention
Center parking lot on or about March 11, 1979.
c. Claim submitted by Safeco Insurance Companies for Joseph Gobster, insured,
for vehicle damages purportedly sustained as a result of improperly marked
construction in street or or about March 9, 1979.
d. Claim submitted by Tony Cornelius Shore for personal injuries and property
damage purportedly sustained as a result of an accident involving a City-owned
vehicle on or about January 18, 1979.
e. Claim submitted by Tomi Wakatsuki for vehicle damages purportedly sustained
as a result of an accident caused by a City vehicle on or about February 5, 1979.
f. Claim submitted by Meredith Lee Walton for vehicle damages purportedly
sustained as a result of obstruction in roadway on or about March 8, 1979.
The following claim was denied and referred to City staff:
/submitted by Pandick Press, Inc
~-~'~. Claim for payment for work, labor, '
services and materials*on or about and
between July 27, 1978 and September 12, 1978.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 173: Before the Civil Aeronautics Board, Frontier Airlines, Inc., applying for
exemption authority for Las Vegas - Orange County routing.
b. 105: Park and Recreation Commission - Minutes of February 28, 1979.
c. 175: Before the Public Utilities Commission Application No. 58764, in the
matter of the Southern California Edison Company, for authority to increase its
Energy Cost Adjustment Billing Factors.
d. 105: Community Center Authority - Minutes of March 27 and April 2, 1979.
e. 105: Community Redevelopment Commission - Minutes of March 28, 1979.
f. 105: Youth Commission - Minutes of March 28, 1979.
g. 107: Planning Department, Building Division - Monthly Report for March 1979.
3. 108: PUBLIC DANCE PERMITS: The following permits were approved in
accordance with recommendations of the Chief of Police:
a. Public Dance Permit submitted by People for Community Development, for a
dance to be held April 27, 1979, 7:00 P.M. to 12:00 Midnight, at the Martin
Recreation Center Hall, La Palma Park. (Ruth R. Fisher, applicant)
*furnished in connection with the Anaheim Stadium bond refunding
79-395
City Hall~ Anaheim~ California - COUNCIL MINUTES - April 10, 1979~ 1:30 P.M.
b. Public Dance Permit submitted by the Anaheim High School Parent Advisory
Committee, for a dance to be held May 4, 1979, 8:00 P.M. to 12:30 A.M., at
the Brookhurst Community Center, 601 North Brookhurst Street. (Margarita L.
Maes, applicant)
4. 170: TENTATIVE TRACT NO. 10627: Submitted by Young F. and Lucinda J. Hammatt,
to establish a 7-lot subdivision of RS-7200 zoned property located at 1548 West
Orangewood Avenue. The City Planning Commission approved a negative declaration
and approved said Tentative Tract at their meeting held March 26, 1979.
MOTION CARRIED.
150: PERALTA CANYON PARK SPORTS FIELD AND PARKING LOT LIGHTING - CHANGE ORDER NO. 1:
Councilman Kott removed this item from the foregoing Consent Calendar to question
whether anything was omitted from the original bid. The City Engineer explained
that the Change Order is required because the City is adding to the original
contract at this time, asking that the contractor perform additional work as
it would be more economical in the long run.
MOTION: On motion by Councilman Kott, seconded by Councilman Roth, the City
Council authorized Change Order No. 1 to the Peralta Canyon Park Sports Field
and Parking Lot Lighting contract, Account No. 16-805-7103-0000, in the amount
of $7,254, bringing the total contract amount to $98,254, as recommended by the
City Engineer. MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-202
through 79R-205, 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. 79R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Antonio
Acosta; Charles L. Visnic, et ux.; Aquarian Coatings Corporation; ABCO Construction
Co.; The Salvation Army; R.G. Garland Corp.; Albet J. Etchandy, et al.; Elden
W. Bainbridge)
174: RESOLUTION NO. 79R-203: 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: COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM - AREAWIDE WATER SYSTEM - PROJECT AREA III, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 58-4864-683-49-0300. (Ace Pipeline Construction)
164: RESOLUTION NO. 79R-204: 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: LA PALMA AVENUE STORM DRAIN
IMPROVEMENT, LAKEVIEW AVENUE TO 630' E/O KELLOGG DRIVE, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 46-791-6325-1020. (Didovic Construction Company)
79-396
City Hall~ Anaheim, California - COUNCIL MINUTES - April 10~ 1979, 1:30 P.M.
165: RESOLUTION NO. 79R-205: 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: RIVERDALE AVENUE SIDEWALK
AND LANDSCAPING IMPROVEMENT, W/O FINCH STREET TO TUSTIN AVENUE, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 12-4309-706-16-0000 AND 12-4309-708-16-0000, (1977-78) AND
ACCOUNT NO. 12-792-6325-203/204 (1978-79). (Somers Landscape Company)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 79R-202 through 79R-205, both inclusive, duly
passed and adopted.
179: ORDINANCE NO. 3992: Councilwoman Kaywood offered Ordinance No. 3992 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 3992: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A DEFINITION OF
"TRAILER PARK" TO SECTION 18.01.210 OF CHAPTER 18.01, TITLE 18, OF THE ANAHEIM
MUNICIPAL CODE. (to include recreational vehicles)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Ordinance No. 3992 duly passed and adopted.
ORDINANCE NO. 3993: Councilman Kott offered Ordinance No. 3993 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3993: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(9), CL)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Ordinance No. 3993 duly passed and adopted.
ORDINANCE NO. 3994: Councilwoman Kaywood offered O~dinance No. 3994 for adoption
Refer to Ordinance Book. '
79-397
City Hall, Anaheim~ California - COUNCIL MINUTES - April 10, 1979, 1:30 P.M.
ORDINANCE NO. 3994: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(25), ML)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Ordinance No. 3994 duly passed and adopted.
ORDINANCE NOS. 3990 AND 3991: Councilman Kott offered Ordinance Nos. 3990 and
3991 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 3990: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(6), RM-2400, Tract No. 8140)
ORDINANCE NO. 3991: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-27, CL)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Ordinance Nos. 3990 and 3991 duly passed and adopted.
170: ORDINANCE NO. 3988: Councilman Kott offered Ordinance No. 3988 for amended
first reading.
ORDINANCE NO. 3988: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 18.84.038
OF TITLE 18, CHAPTER 18.84, OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW SECTION
IN ITS PLACE AND STEAD RELATING TO TREE PRESERVATION.
ORDINANCE NO. 3995: Councilman Kott offered Ordinance No. 3995 for first
reading.
ORDINANCE NO. 3995: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-34, RS-HS-43,000)
114: COUNCIL COMMENTS: Councilwoman Kaywood reported on the dedication of
the Action Trail at Peralta Canyon Park which she recently attended and in
addition on the activities of the Youth Commission in preparation for Youth
in Government Day.
114: COUNCIL COMMENTS - FIRE TRAINING AUTHORITY: Councilman Kott gave an
update on the Fire Training Authority and its budget which amounts to $100,000
thus far, and committed income of only $40,000.
79-398
City Ha.ll~ Anaheim, California - COUNCIL MINUTES - April 10~ 1979, 1:30 P.M.
148: SUPPORT FOR COUNCILMAN ROTH - APPOINTMENT TO THE SOUTHERN CALIFORNIA AIR
QUALITY MANAGEMENT DISTRICT: Councilman Seymour offered Resolution No. 79R-206
for adoption, supporting the appointment of Councilman Roth to serve on the SCAQMD,
noting that the voting would take place on April 19, 1979. He requested that said
Resolution be mailed to every city in Orange County together with a letter of
support for Councilman Roth. Refer to Resolution Book.
RESOLUTION NO. 79R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ENDORSING THE NOMINATION OF COUNCIL MEMBER DON R. ROTH TO THE AIR QUALITY MANAGE-
MENT CONTROL BOARD AND URGING SUPPORT OF COUNCIL MEMBER ROTH'S ELECTION TO THE
AIR QUALITY MANAGEMENT CONTROL BOARD FROM THE OTHER CITIES OF ORANGE COUNTY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Kott, Roth and Seymour
None
None
The Mayor declared Resolution No. 79R-206 duly passed and adopted.
136: PROPOSED SALE OF CANYON GENERAL HOSPITAL TO KAISER FOUNDATION HEALTH PLAN:
(Conditional Use Permit No. 1145): The Mayor recognized Mr. Timothy J. Miller,
attorney, who requested that he be permitted to address the Council regarding
the recently proposed sale of the Canyon General Hospital Facility to the Kaiser
Foundation Health Plan.
Council members Overholt and Kott both declared that they would have a conflict of
interests and would therefore abstain from any discussion or voting on this
issue.
Councilwoman Kaywood stated that she is an enrollee under the Kaiser Health Plan
through her husband's place of employment and requested advice from the City
Attorney 'as to whether she should discuss or vote on the matter.
City Attorney Hopkins stated that if she felt her personal knowlege or relation-
ship with the organization in question might cause her to be biased or prejudiced,
she could abstain on those grounds, however, legally this type of relationship
would not be considered sufficient to constitute a conflict. Councilwoman
Kaywood chose not to participate.
Mr. Hopkins explained that the situation would be that the two members participating
in discussion and/or voting would constitute a majority under the circumstances;
such a majority of two could not adopt an ordinance or extend City funds, but
would be able to act on a motion if they saw fit to do so.
Mr. Miller stated that he represents several citizens who live near the Canyon
General Hospital Facility. He reported that the owner of the hospital, Jefferson
Investment Affiliates, have entered into an agreement with Kaiser, pursuant to
which the hospital will become property of Kaiser at 12:01 A.M., May 1, 1979. He
explained that the proposed sale of this facility to Kaiser causes great concern
to the people in the area. Their position on the issue is that the petition for
Conditional Use Permit No. 1145 under which the hospital use was approved in 1969,
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City Hall~ Anaheim~ California - COUNCIL MINUTES - April 10p 1979~ 1:30 P.M.
contained a statement that as part of justification for the Conditional Use Permit
was that it would provide a hospital in a new, rapidly growing area where none
existed. It was constructed there to fill a need deemed to exist in that particular
area. With the advent of the sale to Kaiser, the hospital will be changed from
a private, C-4 service community facility to a regional hospital serving all of
Orange County with 400,000 subscribers. Although the Kaiser Foundation has
indicated they intend to keep the hospital open also to the public, Mr. Miller'
contended this would be subject to availability, which places the needs of the
immediately surrounding community at the end of a line which is 400,000 subscribers
long. Mr. Miller further pointed out that because of the overbedding situation
in Orange County, it would not be possible, once this facility was gone to Kaiser,
to obtain the required certificate of necessity through health planning agencies
to replace the hospital services the community would lose. He cited as a basis
for Council intervention, the case of O'Hagan versus the Board of Zoning Admini-
stration, City of Santa Rosa, in which the courts upheld the Board's right to
revoke a Conditional Use Permit.
Mr. Miller requested that the City Council take action to make the Kaiser
Foundation aware that they do not intend to allow the operation of this hospital
to be markedly changed from that for which the Conditional Use Permit was granted,
nor do they intend that the citizens suffer inconvenience or damage to the
environment inherent in a regional type of hospital serving 400,000 subscribers,
and that if services provided by that hospital to the community are changed, then
the Conditional Use Permit would be in jeopardy.
Mr. Miller read and submitted a petition containing approxiamtely 280 signatures
in support of the position that the Council take action to assure that Canyon
General Hospital will continue to operate in a manner consistent with Conditional
Use Permit No. 1145 and that it remain open to serve the needs of the general
public.
Councilman Roth noted that Mr. Miller represents not only residents of the area
surrounding the hospital, but also some of the physicians currently practicing out
of Canyon General Hospital. He explained his concern over the increased costs
caused by the overbedding situation and noted that if Kaiser is not able to
purchase this facility, then they intend to try to obtain a license to construct
a new hospital on property in Garden Grove. He voiced his opinion that this
would only add more beds to aggravate the situation and increase hospital costs
even more.
Mr. Bill Majors and Mr. Frank Oliver, residents of the area immediately surrounding
the hospital, also spoke in favor of keeping Canyon General as a community facility.
Mr. Oliver pointed out that the hospital is in the vicinity of an elementary school,
to which 400 children traveled to and from daily.
Mayor Seymour referred to the City Attorney's memo on this matter dated April 9,
1979 in which he indicates that an attempt by the Council to revoke the existing
Conditional Use Permit or otherwise become involved in the proposed sale without
reasonable grounds therefor, could cause the City to be held liable for wrongful
interference with a business or contractual relationship.
Councilwoman Kaywood left the Council Chamber. (4:05 P.M.)
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City Hall, Anaheim~ California - COUNCIL MINUTES - April 10, 1979, 1:30 P.M.
Mayor Seymour further explained that his concern is that the hospital continue
to be a general hospital offering services to the community and it is his
understanding that Kaiser is willing to offer the City a written statement
indicating the facility will be operated in a manner so as to continue to
serve the needs of the citizens.
Mayor Seymour stated that while he felt it important to obtain this assurance
in writing and is sensitive to the concerns of the community surrounding the
hospital, he could not let the potential liability suggested in the City Attorney's
memorandum exist.
Councilman Roth pointed out that both of the individuals speaking on the issue
claimed they were primarily interested in the hospital remaining open and
providing services as a general hospital, and therefore, it seemed to him that
a written statement should provide this assurance.
MOTION: At the conclusion of discussion Councilman Seymour moved that the City
Attorney be directed to solicit a written statement from the Kaiser Foundation
attorney, to be made a part of the file on Conditional Use Permit No. 1145, giving
the City assurance that Canyon General Hospital will continue to remain open to
the public for emergency services and treatment. Councilman Roth seconded the
motion. Councilwoman Kaywood was temporarily absent. Councilmen Overholt
and Kott abstained. MOTION CARRIED.
139: LEGISLATION REGARDING SOUTHWEST FEDERAL JUDICIARY DISTRICT: On motion by
Councilman Seymour, seconded by Councilman Roth, the City Council adopted a
position of support for Congressman Patterson's legislation to insure that a
new southwest federal judiciary district be created in the State of California.
Councilwoman Kaywood was temporarily absent. MOTION CARRIED.
RECESS - EXECUTIVE SESSION: By general consent, the City Council recessed into
Executive Session. (4:10 P.M.)
Councilwoman Kaywood returned to the Council Chamber. (4:10 P.M.)
AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being
present. (4:45 P.M.)
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded
the motion. MOTION CARRIED.
Adjourned: 4:45 P.M.
LINDA'~D. ROBERTS, 'CITY CLERK