1978/03/0778-279
~ity Hall, Anaheim, California - COUNCIL MINUTES - March 7, 1978~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
DATA PROCESSING DIRECTOR: Takuji "Tug" Tamaru
PARKS, RECREATION AND ARTS DIRECTOR: James Ruth
PERSONNEL DIRECTOR: Garry McRae
CITY ENGINEER: James Maddox
FIRE CHIEF: James Riley
PLANNING AIDE: Pam Lucado
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance
to the Flag.
PROCLAMATION: The following proclamation was issued by Mayor Thom and approved
by the City Council:
"Save Your Vision Week in Anaheim" - March 5 through 11, 1978
MINUTES: On motion by Councilman Thom, seconded by Councilman Seymour, the minutes
of the City Council regular meeting held January 24, 1978, were approved subject to
typographical corrections, with a specific correction on Page 78-109, changing Sewer
and Storm Drain Bonds to Storm Drain Bonds only in all instances. 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 Thom seconded the motion. MOTION
UNANIMOUSLY CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $570,325.29, in accordance
with the 1977-78 Budget, were approved.
125: PERIPHERAL COMPUTER EQUIPMENT REPLACEMENT: In answer to several questions
posed by Councilman Kott, Data Processing Director Tug Tamaru elaborated upon several
points contained in his detailed report dated February 27, 1978, (on file in the
City Clerk's Office) on the subject, the major points being, (1) although there was
a net lease increase of $4,236 a year for the new equipment, maintenance costs would
result in a savings of $10,692 in the 1978/79 Fiscal Year under the new contract
which would also provide 24-hour service with no added maintenance cost; (2) the
new equipment was far superior, giving the capacity and speed of an additional device,
representing approximately $11,000 a year amortized over 4 years; (3) the new equip-
ment would be used in conjunction with contracts Anaheim had with other cities. As
well, Mr. Tamaru was developing a system unit cost, with the charges to be collected
for all services including burden and overhead. These would be charged back to the
users and by July of 1979, the operation would be on a straight businesslike basis.
78-280
City Hail, Anaheim, California - COUNCIL MINUTES - March 7~ 1978~j:30 P.M.
In the meantime, the City was not subsidizing the other cities because it was
charging a flat rate, thus all costs were being recovered.
Councilwoman Kaywood asked for clarification as to whether under Renters , in
the letter dated March 1, 1978, from Security Pacific National Bank, the figure
was $275 or $275,000 per $1,000 of equipment cost.
Mr. Tamaru confirmed the figure should be $275 per $1,000.
Mr. Tamaru then submitted a summary of the staff report, which encapsulated all
of the material contained in the February 27, 1978 report (on file in the City
Clerk's Office).
Thereupon, Councilman Seymour moved to approve the following motions: (1) autho-
rizing staff to prepare an amendment to an existing least agreement with Security
Pacific National Bank for Peripheral EquiPment to remove certain IBM data processing
equipment; (2) accepting the bid submitted by Data Discount for the sale of specified
IBM data processing equipment for $126,500, subject to the acquisition of title to
said data processing equipment by April 14, 1978; and (3) authorizing staff to pre-
pare a lease agreement with Security Pacific National Bank for high speed printers,
card reader and punch equipment. Councilman Thom seconded all three motions.
MOTIONS CARRIED.
123: EMPLOYEE GROUP VISION CARE: On motion by Councilwoman Kaywood, seconded by
Councilman Seymour, acceptance of the proposal of Vision Service Plan, submitted
by Continental General Insurance Brokers, Inc., to provide vision care benefits
for the period April 1, 1978 through December 31, 1980, was approved, and the
Personnel Director was authorized to sign the Plan Application, and payment was
authorized for the initial monthly premium payment, as recommended in memorandum
dated February 28, 1978, from the Personnel Director. MOTION CARRIED.
123: EXERCISE OF OPTION TO PURCHASE PARCEL THREE OF JOHN MARSHALL PARK: Mr. James
Ruth, Director of the Parks, Recreation and the Arts Department, first answered
several questions posed by Councilman Kott, realtive to the need and demand for
the additional acreage for the expansion of John Marshall Park as proposed. He
explained that the action would bring the total acreage of the park to over 11
acres and there was a definite need to do so because of the deficiency in terms
of open space and particularly at this recreational area in that geographical loca-
tion. It was master planned and part of the acquisition program agreed to by the
Council, approximately 3 years prior. Mr. Ruth continued that as part of the acqui-
sition agreement, Matreyek Homes would also be required to build tennis courts for
community use before they completed the final tract of the housing development. It
was his understanding that the City Attorney's Office had been in touch with them
recently to assure that they were moving in that direction.
On motion by Councilwoman Kaywood, seconded by Councilman Seymour, an option to
purchase approximately 3 acres of real property from the Corporation of the President
of the Church of Latter Day Saints, located at La Palma Avenue and Falmouth Street,
was approved, as recommended in memorandum dated March 3, 1978, from Mr. Ruth.
MOTION CARRIED.
78-281
~ity Hal]~ Anaheim~ California - COUNCIL MINUTES - March 7~ 1978, 1:30 P.M.
123: ACTUARIAL COST TO PROVIDE 1959 SURVIVORS BENEFIT AMENDMENT FOR MISCELLANEOUS
EMPLOYEES: Mayor Thom recounted that he had asked for an estimate of what the
cost would be for the 1959 Survivors Benefit Amendment for miscellaneous employees.
According to the memorandum he received from the Personnel Department last week,
the cost would be approximately $2,500 a year. The reason he was interested in
gaining that benefit for miscellaneous employees was due to the fact that when the
City went through a depooling exercise brought about by both staff and the employees,
the employees did not object or prevent the City from depooling, thus resulting in
a savings of over $40,000. Although he realized that the Survivors Benefit was
negotiated by the safety personnel, the cost, in his mind, was so minimal, he
thereupon moved~o grant that same benefit to the AMEA.
Before action was taken, Assistant City Manager William T. Hopkins explained that
he understood the thrust of the Mayor's motion, as it would maintain equity among
employee groups and organizations. However, it did present a problem relative to
negotiated agreements and at what point management (the Council) went beyond pre-
viously negotiated settlements.
The Mayor believed the recommended action would represent a small benefit that
could be granted for practically no cost while at the same time achieving a more
equitable arrangement.
Councilman Kott seconded the foregoing motion.
Personnel Director, Garry McRae, explained they had agreed to the change for Police
and Fire personnel because it was a no cost item. He suggested, therefore, if the
City Council intended to act on the matter, that instead an actuary study be autho-
rized in order to ascertain the exact cost for the benefit since the $2,500 figure
was only an estimate, and further instructing him to review it with employee organi-
zations prior to the Council taking final action.
The Mayor thereupon amended his motion authorizing the Personnel Director to obtain'
the specific actuarial cost to provide the 1959 Survivors Benefit Amendment for
miscellaneous employees, and to review the matter with employee organizations before
final Council action. Councilman Kott agreed to the amendment. MOTION CARRIED.
121: CORRECTION OF ERROR IN LEGAL DESCRIPTION CONTAINED IN RESOLUTION NO. 77R-793:
Councilwoman Kaywood offered Resolution No. 78R-150 for adoption. Refer to Resolu-
tion Book.
RESOLUTION NO. 78R-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 77R-793 BY CORRECTING THE LEGAL DESCRIPTION OF PARCEL 4
AS SET FORTH IN EXHIBIT "A" THEREOF. (condemnation of excess land owned by State
near the Stadium)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 78R-150 duly passed and adopted.
78-282
City Hall, Anal:'~eim, California - COUNCIL MINUTES - March 7~ 1978~_1:30 P.M.
112/123: METHOD OF PAYMENT FOR SPECIAL COUNSEL, SPIEGEL & MC DIARMID IN ANTI-TRUST
SUIT: Mayor Thom referred to the Executive Session held some weeks prior with staff
and representatives of Spiegel & McDiarmid (S&M) of Washington D.C., relative to the
litigation alleging violation of the Sherman and Clayton Act by Southern California
Edison. At that meeting, the Council approved proceeding with the litigation, but,
as be recalled, the method of payment for special counsel was not determined, tie
wanted clarification as to the method of payment being used and who authorized such
payment.
Councilman Seymour stated he was the one who broached the possibility of a contingency
fee as a method of payment. However, his last understanding was the City would pay
a fixed hourly fee. He asked if special counsel would consider a contingency fee
to determine in his own mind whether or not they believed they had a good chance
of winning the suit. When Spiegel & McDiarmid responded that they would consider
a contingency fee, knowing it might be a rather high percentage of the final settle-
ment of the suit, he (Seymour) backed off and concurred in payment of the hourly
fee schedule.
Mayor Thom recalled all as articulated by Councilman Seymour, except for backing
off. He understood the attorneys stated they would have to discuss the matter,
and subsequently submit a proposal.
Councilman Roth stated as he remembered, when the attorneys were approached on the
contingency concept, they indicated they had to check with their other partners and
then report back. In order to proceed with the matter, however, approval was given
to do so. He believed that the payment method was settled, but if there were any
changes, the attorneys would come back on a contingency basis.
Councilwoman Kaywood stated that she recalled the matter to have been settled as
stated by Councilman Seymour.
City Attorney Hopkins stated that he would inquire as to the method of payment for
the services of Spiegel & McDiarmid, as well as the person who authorized such pay-
ment.
123/173: BUS SHELTER DEMONSTRATION PROJECT - BUSTOP SHELTEr& SHELTERTOP, !NC.:
Pam Lucado, Planning Aide, briefed the Council on a report dated March t, 1978,
from the Planning Department relative to the subject project, wherein it was
pointed out that only two of the four currently interested bus shelter companies
complied with the time schedule and submitted all documentation necessary--Bustop
Shelters of California, Inc., and Sheltertop, Inc.
Councilwoman Kaywood asked the time frame for the actual construction of the pilot
shelters.
Miss Lucado stated she was informed it would take three days to one week for construc-
tion.
Councilwoman Kaywood noted that on page 5 of the proposed agreement, it stated
that the term shall expire on August 31, 1978, whereas she previously stated that
at least 6 months from the time of construction and completion of the shelter would
be necessary to provide a good trial period.
78-283
City Hall, Anaheim, California - COUNCIL MINUTES - March 7~ 1978, 1:30 P.M.
Miss Lucado stated they used the date of March 1, 1978, but would be agreeable
to starting the 6-month period, as suggested by Councilwoman Kaywood, after the
demonstration shelters were constructed and in place.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, Bustop Shelters
of California, Inc., and Sheltertop, Inc., were to be the sole participants in
the City's bus shelter demonstration project. Councilman Seymour voted "No".
MOTION CARRIED.
Councilwoman Kaywood offered Resolution Nos. 78R-15! and 78R-152 for adoption,
with the 6-month trial period commencing from construction completion of the
shelters. Refer to Resolution Book.
RESOLUTION NO. 78R-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM
AND BUSTOP SHELTERS OF CALIFORNIA, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT.
RESOLUTION NO. 78R-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT BETWEEN THE CITY OF
ANAHEIM AND SHELTERTOP, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 78R-151 and 78R-152 duly passed and adopted.
123: AWARD OF CONTRACT - PERALTA CANYON PARK, PHASE II, LANDSCAPE IMPROVEMENT:
Councilman Kott first congratulated the City Engineer for saving 45 percent on
the award of the subject contract.
Assistant City Manager William Hopkins explained that in awarding the contract,
City forces did bid on the project, but the low bidder was Roy C. Barnett, thus
necessitating a review of the City work force situation again, in terms of con-
struction monies for City force account work. He anticipated there would be some
transition within two months, depending upon the amount of funds available for
construction work; however, no lay-off of City employees was anticipated.
Councilman Kott offered Resolution No. 78R-153 for adoption, as recommended
in memorandum dated February 28, 1978, from the City Engineer. Refer to Resolu-
tion Book.
RESOLUTION NO. 78R-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: PERALTA CANYON PARK IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT
NO. g6-4309-805-18-0000. (Roy C. Barnett Construction, $118,035.80)
78-284
_C~it_y Hall, Anaheim, California - COUNCIL MINUTES - March 7~, 1978, 1:30 P.M.
Roil Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declazed Resolution No. 78R-153 duly passed and adopted.
169: AWARD OF CONTRACT - EUCLID STREET IMPROVEMENT: Councilman Thom offered
Resolution No. 78R-154 for adoption, awarding a contract in accordance with the
recommendations of the City Engineer, in bis memorandum dated February 24, 1978
Refer to Resolution Book. '
RESOLUTION NO. 78R-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A SEALED PROPOSAL AND AWARDING A' CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: EUCLID STREET STREET IMPROVEMENT, N/O LINCOLN AVENUE, IN THE
CITY OF ANAHEIM, ACCOUNT NO. 12-4309-708-16-0000. (Bowers Tractor Service Inc.
$42,925.31) ' ,
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 78R-154 duly passed and adopted.
123: REJECT BIDS - ROYAL OAK - SPRING HILL DRIVE SIDEWALK IMPROVEMENT - DELETION
OF IMPROVEMENTS ALONG SPRING HILL DRIVE: Councilman Roth offered Resolution
Nos. 78R-155 and 78R-156 for adoption, pursuant to the recommendations of the
City Engineer in his memorandum dated February 28 1978 Refer to Resolution
Book. ' '
RESOLUTION NO. 78R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M., ON THE 23RD DAY OF
FEBRUARY, 1978, FOR THE ROYAL OAK - SPRING HILL DRIVE SIDEWALK IMPROVEMENT, IN
THE CITY OF ANAHEIM, ACCOUNT NO. 12-4309-706-16-0000.
RESOLUTION NO. 78R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ROYAL OAK - SANTA ANA
CANYON ROAD TO SPRING HILL DRIVE SIDEWALK IMPROVEMENT, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 12-4309-706-16-0000; 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 March 30
1978, 2:00 P.M.) '
78-285
~ity Hall, Anaheim, California - COUNCIL MINUTES - March 7~ 1978, 1:30 P.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution Nos. 78R-155 and 78R-156 duly passed and adopted.
160: OVERHAUL OF EQUIPMENT - ONE AERIAL MANLIFT - SKY WORKER MODEL 1044-A, S/N H-2066:
(Account No. 61-4234-325-29-0000) On motion by Councilman Kott, seconded by Council-
man Thom, the bid of Truck Hydraulics was accepted, and a maximum price of $5,394,
for the subject overhaul was approved, as recommended by the Purchasing Agent in
bis memorandum dated February 28, 1978. MOTION CARRIED.
150: NAME CHANGE OF PARKS, RECREATION AND THE ARTS DEPARTMENT: On motion by Council-
man Thom, seconded by Councilman Kott, a request by the Anaheim Cultural Arts Center
to withdraw their original request to change the designation of the Parks, Recreation
and the Arts Department back to the Parks and Recreation Department, was approved.
MOTION CARRIED.
108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: Application by Double Check
Retreat, for telephone solicitation of useable household items for a period of
60 days was submitted. The City Clerk reported a list of solicitors had been filed
in her office.
Councilman Roth moved to deny the requested permit. Councilman Thom seconded the
motion. MOTION CARRIED.
Councilwoman Kaywood questioned the objection to telephone solicitation.
Councilman Roth explained that his basis for denial was relative to the recommenda-
tion of the License Collector. Councilman Thom noted the applicant had not submitt'ed
the required list of solicitors.
Councilwoman Kaywood thereupon suggested a continuation of the matter, especially
since the City had approved the request of Double Check Retreat in the past.
City Clerk Linda Roberts clarified that, in fact, names of the three solicitors
had been submitted to her office earlier in the day.
On motion by Councilman Seymour, seconded by Councilman Roth, the first motion denying
the permit to Double Check Retreat was rescinded. Councilman Kott voted "No".
MOTION CARRIED.
On motion by Councilman Seymour, seconded by Councilman Thom, the application
for solicitation of charity funds requested by Double Check Retreat for telephone
solicitation of useable household items for a period of 60 days was approved.
Councilman Kott voted "No". MOTION CARRIED.
78-286
Ci..ty Hall, Anaheim, California - COUNCIL MINUTES - March 7~ 1978~ 1:30 P.M.
129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by
Councilman Seymour, Application for a Public Fireworks Display Permit, filed by Walt
Disney Productions, to discharge fireworks at Disneyland on March 17, rehearsal,
and on March 18 through 25, 1978, at 8:00 p.m. and 10:00 p.m. was approved, as recom-
mended by the Fire Marshal. MOTION CARRIED.
VARIANCE NO. 2990 AND TENTATIVE TRACT NO. 5107 - REQUEST FOR EVENING HEARING:
On motion by Councilman Seymour, seconded by Councilman Kott, request for an evening
hearing on the subject variance and tentative tract, to convert an existing 88-unit
apartment complex to condominiums on RM-1200 zoned property located at 630 South
Knott Street was approved, and public hearing set for April 4, 1978 at 7:30 p.m.
in the Council Chamber. MOTION CARRIED.
REQUEST FOR REHEARING ~ CONDITIONAL USE PERMIT NO. 1782: Councilman Thom moved
to grant the request for a rehearing on Conditional Use Permit No. 1782, to permit
a public dance hall with waiver of minimumnumber of parking spaces on CL zoned
property located at 125 North State College Boulevard. Councilman Kott seconded
the motion for the purpose of discussion.
Councilman Kott questioned the basis for the rehearing.
Councilman Seymour thereupon explained that in a letter dated March 7, 1978, from
Mr. Floyd Farano, Attorney, the petitioner, Mr. Spiker, claimed that although he
was represented by legal counsel at the public hearing on January 17, 1978 relative
to the subject, his legal counsel at that time merely introduced him (Spiker) and
turned the presentation over to him, for which he was not prepared. Councilman
Seymour stated, in his opinion, it was a fine presentation and he clearly under-
stood Mr. Spiker's proposal. Thus, he could not support a rehearing because he
believed a thorough case was presented.
A vote was taken on the foregoing motion to grant a rehearing on Conditional Use
Permit No. 1782 and failed to carry by the following vote:
AYES: COUNCIL MEMBERS: Thom
NOES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth
ABSENT: COUNCIL MEMBERS: None
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman
Roth, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
1. CO~.RESPONDENCE: The following correspondence was ordered received and filed:
a. 173: James H. Lyons, Attorney, Notice of Application for Fare Adjustment -
Orange Coast Sightsee±ng Company.
b. 173: James H. Lyons, Attorney, Notice of Application for Fare Adjustment -
Airport Service, Inc.
c. 105: Public Library Board - Minutes of January 16, 1978.
78-287
_City Halj[, Anaheim~ California - COUNCIL MINUTES - March 7, 1978~ 1:30 P.M.
d. 140: Monthly report for January 1978 - Public Library.
e. 114: City of Orange Resolution No. 4727 supporting enactment of SB 1015 and
urging the construction and operation of the Sundesert Nuclear Project.
f. 105: Youth Commission - Minutes of February 22, 1978.
g. 105: Community Services Board - Minutes of January 12, 1978.
h. 105: Public Utilities Board - Minutes of October 20, November 3 and 17, 1977.
i. 105: HACMAC - Minutes of February 14, 1978.
j. 175: Monthly report for December 1977 - Electrical Engineering.
2. 108: PRIVATE PATROL APPLICATION: The following permit was approved in
accordance with the recommendations of the Chief of Police:
a. Private Patrol Application submitted by Jerry Seuell for Unigard Security,
666 East 17th Street, #212, Santa Ana, to provide private security and patrol in
the City of Anaheim.
3. 150: BROOKHURST PARK COMMUNITY BUILDING~ STAGE II CONSTRUCTION~ CHANGE ORDER
N°. 4: The City Council authorized Change Order No. 4, in the amount of $4,859.32,
Near-Cal Corporation, Contractor, bringing the original contract price to $819,085.42,
as recommended by the City Engineer.
MOTION CARRIED.
118: CLAIMS AGAINST THE CITY: Councilman Kott noted that the claim filed by
Karl F. and Brett Alan Baumann involved a collision in Newport Beach with a City-~
owned vehicle. He wanted to know if the City employee operating the vehicle had
any responsibility relative to the matter and also, since the accident occurred
in Newport Beach, what the employee was doing in that area.
City Attorney Hopkins first explained it was a claim against the City, pursuant
to the Government Code and briefed the Council on the particulars of the accident, as
outlined in the claim for damages document. Although the claims adjuster would
subsequently make a recommendation as to whether further negotiations would be
desirable, Mr. Hopkins did not believe the reason why the employee was in .Newport
Beach would be part of the information provided. However, such information could
be easily obtained through the employee's supervisor.
Councilman Kott thereupon requested (1) that a staff report be submitted on the
matter relative to what the employee was doing in Newport Beach, and (2) the
City's policy in terms of responsibility of an operator of a City-owned vehicle
in the event of an accident.
Assistant City Manager Hopkins stated that he would provide the information regarding
Councilman Kott's first request.
Relative to the second request, City Attorney Hopkins explained when a City employee
drove a City vehicle while on duty and was authorized to do so, the City was respon-
sible for any accident and necessary insurance was available for damages incurred to
another vehicle or property. The City vehicle, however, was not covered and involved
78-288
City Hall, Anaheim, California - COUNCIL MINUTES - March 7~ 1978, 1:30 P.M.
the City shop repairing the vehicle, but the City was liable for any accidents
or damages.
MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the
following claims were denied and referred to the City's insurance carrier or the
self-insurance administrator:
a. Claim submitted by Albert M. Hyatt for monetary loss purportedly sustained
as a result of a "brownout" in the area of 251 Orange Acres Drive on or about the
weekend of February 7th through February 13th, 1978.
b. Claim submitted by Ngoan Ngoc Le for property damage purportedly sustained as
a result of a tree falling on his car parked at 1186 W. South Street on or about
February 9, 1978.
c. Claim submitted by Mr. and Mrs. W. K. Nyman for property damage purportedly
sustained as a result of a power surge caused by lightning at 2510 West Glencrest
Avenue on or about February 10, 1978.
d. Claim submitted by Eric R. McCaskill for property and personal damages purport-
edly sustained as a result of an automobile accident in the Anaheim Convention Center
parking lot on or about January 22, 1978.
e. Claim submitted by Mara Pienups for personal injuries purportedly sustained as
a result of actions by the Anaheim Police on or about November 13, 1977.
f. Claim submitted by Carol Ann Wagner for personal injuries purportedly sustained
as a result of actions by the Anaheim Police on or about November 21, 1977.
g. Claim submitted by Janice E. Turner for personal injuries purportedly sustained
as a result of actions by the Anaheim Police on or about November 21, 1977.
h. Claim submitted by Leslee June Bartlett for personal injuries purportedly sus-
tained as a result of actions by the Anaheim Police on or about November 21, 1977.
i. Claim submitted by David D. Scott for monetary loss purportedly sustained
as a result of no electric service on or about February 9, 1978.
j. Claim submitted by Kathie Hardin for personal injuries purportedly sustained
as the result of a fall at the Anaheim Convention Center (Recreational Vehicle
Show) on or about January 14, 1978.
k. Claim submitted by the Southern California Gas Company for property damage
purportedly sustained during the installation of water services at 1160 North
Cosby Way, on or about December 13, 1977.
1. Claim submitted by Karl F. and Brett Alan Baumann for damages purportedly
sustained as a result of a collision with a City-owned vehicle on or about
November 17, 1977, in the city of Newport Beach (Jamboree Road, south of San
Joaquin).
m. Claim submitted by Ann Mickelson for property damages purportedly sustained as
a result of a City-owned vehicle colliding with her parked vehicle on or about
February 18, 1978.
78-289
City Ha.ll, Anaheim, California - COUNCIL MINUTES - March 7~ 1978~ 1:30 P.M.
n. Claim submitted by Geral Lueders for general, punitive and exemplary damages
purportedly sustained as a result of actions by the Anaheim Police on or about
September 25, 1977.
118: APPLICATIONS TO FILE A LATE CLAIM: The following Applications to File Late
Claims were denied:
a. Application to File a Late Claim submitted by Monique Suzanne Jackson, by and
through her Conservator, Olga C. Sodke, for personal damages purportedly sustained
as a result of injuries incurred by her daughter, Monique Suzanne Jackson, while
in the Anaheim City Jail on or about October 27, 1977.
b. Application to File a Late Claim submitted by Peter Jackson, husband of Monique
Sozanne Jackson, for personal damages purportedly sustained as a result of injuries
incurred by his wife, Monique Suzanne Jackson, while in the Anaheim City Jail on or
about October 27, 1977.
c. Application to File a Late Claim submitted by Priscilla Porrazzo for personal
injuries purportedly sustained from a fall at Anaheim Stadium on or about July 5
1977. ,
MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 78R-157 and
78R-158 for adoption in accordance with the reports, recommendations and certifi-
cations furnished each Council Member and as listed on the Consent Calendar Agenda
Refer to Resolution Book. '
158: RESOLUTION NO. 78R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Ronald R. Cosby,
et ux.; Thomas K. Watts, et ux.; Lewis R. Schmid, et ux.; Lewis R. Schmid, et ux.;.
Thomas K. Watts, et ux.; Ronald K. Williams; Alfred Bennett, et ux.; Anaheim
Redevelopment Agency; Anaheim Redevelopment Agency)
113/156: RESOLUTION NO. 78R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTIONOF FILE COPIES OF CERTAIN TRAFFIC CITATIONS
OVER TWO YEARS OLD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution Nos. 78R-157 and 78R-158 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning
Commission at their meeting held February 13, 1978, pertaining to the following
applications, as listed on the Consent Calendar, were submitted for City Council
information.
1. RECLASSIFICATION NO. 77-78-39: Submitted by Lana Corporation, for a change
in zone from CL and RM-1200 to RM-1200 on property located on the south side
of La Palma Avenue and on the west side of Harbor Boulevard.
78-~90
~ity~ Ha.l.l~ Anaheim~ California - COUNCIL MINUTES - March 7~ 1978~ ]:30 P.M.
The City Planning Commission, pursuant to Resolution No. PC78-26, granted
Reclassification No. 77-78-39, and granted negative declaration status.
2. RECLASSIFICATION NO. 77-78-40: Submitted by Elizabeth Lancaster, Cherokee
Mobile Garden, for a change in zone from RS-A-43,000 to RM-1200 on property
located on the west side of Beach Boulevard, north of Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC78-27, granted
Reclassification No. 77-78-40, and granted negative declaration status.
3. VARIANCE NO. 2986: Submitted by Atlantic Richfield Company, to permit price
signing on an existing free-standing sign on CL(SC) zoned property located at
5700 East La Palma Avenue with certain code waivers.
The City Planning Commission, pursuant to Resolution No. PC78-28, denied Variance
No. 2986 and ratified the Planning Director's categorical exemption determination.
4. CONDITIONAL USE PERMIT NO. 1800: Submitted by Fredericks Development Corporation,
to permit a cocktail lounge on CL zoned property located at 1274 South Magnolia Avenue.
The City Planning Commission, pursuant to Resolution No. PC78-30, granted Conditional
Use Permit No. 1800, and ratified the Planning Director's categorical exemption
determination.
5. CONDITIONAL USE PERMIT NO. 1801: Submitted by Robert A. Schlegel and Eileen A.
Sowersby, to permit board and care facility for the aged on RS-7200 zoned property
located at 632 N. East Street with code waiver of minimum front yard setback.
The City Planning Commission, pursuant to Resolution No. PC78-31, granted Conditional
Use Permit No. 1801, and ratified the Planning Director's categorical exemption
determination.
6. ORANGE COUNTY USE PERMIT APPLICATION NO. UP-77-80P: Submitted by Pacific
Outdoor Advertising Company, to permit construction of an outdoor billboard sign
80 feet high instead of the 35 feet permitted on property located at the AT&SF
right-of-way between Douglass Road and the City of Orange boundary.
The City Planning Commission authorized a letter to be forwarded recommending
denial.
No action was taken on the foregoing items, thus the actions of the City Planning
Commission became final.
RECLASSIFICATION NO. 77-78-38: Submitted by Robbie Kaufman and James Norman
Morgan, for a change in zone from RS-7200 to CO on property located at 800 South
Harbor Boulevard.
Councilman Kott removed said application from the consent calendar and requested a
review of the Planning Commission's action on the subject reclassification and
public hearing was set for April 4, 1978 at 7:30 p.m., in the Council Chamber.
78-2~i
C_ity HallL, Anaheim, California - COUNCIL MINUTES - March 7, 1978, 1:30 P.M.
CONDITIONAL USE PERMIT NO. 1703 - LANDSCAPING PLANS: Submitted by George Adams,
requesting approval of landscaping plans for a resource recovery and recycling
operation with waiver of minimum front setback and required block wall on proposed
ML zoned property located at 3200 Frontera Street. Councilman Kott removed said
application from the consent calendar for separate action.
On motion by Councilman Roth, seconded by Councilman Thom, landscaping plans for
Conditional Use Permit No. 1703, were approved, thus upholding the action of
the City Planning Commission. Councilman Kott abstained. MOTION CARRIED.
142: ORDINANCE NO. 3838 - AMENDMENT TO TITLE 18 - STRUCTURAL HEIGHT AND AREA
LIMITATIONS: Amendment to Chapters 18.41, 18.44 and 18.48 to eliminate the
height restrictions by excluding those properties which are under resolutions
of intent to commercial or multiple-family residential zones was recommended by
the City Planning Commission.
Councilman Seymour offered Ordinance No. 3838 for first reading.
ORDINANCE NO. 3838: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION
18.41.062.011 OF TITLE 18, CHAPTER 18.41, SECTION 18.44.062.011 OF TITLE 18,
CHAPTER 18.44, AND SECTION 18.48.062.011 OF TITLE 18, CHAPTER 18.48 OF THE
ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS IN THEIR PLACE AND STEAD RELATING
TO ZONING.
ORDINANCE NOS. 3836 AND 3837: Councilwoman Kaywood offered Ordinance Nos. 3836
and 3837 for adoption. Refer to Ordinance Book.
108: ORDINANCE NO. 3836: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION
3.44.010 OF TITLE 3, CHAPTER 3.44 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW
SECTION IN ITS PLACE AND STEAD RELATING TO BUSINESS LICENSE TAXES. (apartment
houses with five or more apartments)
ORDINANCE NO. 3837: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-55(10), ML)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance Nos. 3836 and 3837 duly passed and adopted.
RECESS: By general consent, the City Council recessed into Executive Session.
(2:23 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (3:00 P.M.)
129/142: CONTINUED PUBLIC HEARING - UNIFORM FIRE CODE, 1976 EDITION: (continued
from February 28, 1978) To consider adoption of the International Conference of
Building Offic%als and the Western Fire Chiefs Association Uniform Fire Code, 1976
Edition, with amendments thereto, to be known as the Anaheim Fire Code, repealing
Chapter 16.08 of Title 16 and adding thereto a new Chapter 16.08 in its place and
stead. Submitted was a report by the Fire Chief dated January 31, 1978.
78-292
~l, Anaheim, California - COUNCIL MINUTES - March 7, 1978, 1:30 P.M.
Fire Marshal Kanenbley stated he was present to answer any questions or to dis-
cuss any portion of the Code.
The ~Myor asked if anyone wished to be heard relative to the Uniform Fire Code,
1976 Edition; there being no response, the Mayor closed the public hearing.
Councilman Seymour offered Ordinance No. 3827 for adoption. Refer to Ordinance
Book.
ORDINANCE NO. 3827: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 16.08
OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 16.08 IN ITS
PLACE AND STEAD ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION WITH AMENDMENTS
THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance No. 3827 duly passed and adopted.
174.123: STATUS REPORT - JOINT FIRE TRAINING FACILITY: Councilman Kott invited
Fire Chief James Riley to speak relative to the progress on the subject facility.
Fire Chief Riley thereupon briefed the Council on the report dated March 2, 1978,
to the Fire Training Authority, relative to Training/Dispatch Cost Distribution
(on file in the City Clerk's Office). The report elaborated on the Joint Fire
Training Function and Dispatch Function which also reflected the 1978-79 total
estimated cost, as well as cost proration by the participating cities--Anaheim,
Garden Grove and Orange. Chief Riley also pointed out that the net result of the
Joint Fire Training Facility to the participating agencies would be beneficial, and
Anaheim would realize a savings the first year of approximately $90,000 while pro-
viding the same services they provided independently in the past. It was a good
indication of what could happen when agencies pooled their resources.
Fire Chief Riley also requested permission to speak at the forthcoming Stanton
City Council meeting to which he had been invited, for the purpose of discussing
the facility. This resulted from an invitation by the Authority to Stanton to
take part in the Joint Communications Program and their participation would generate
additional money for the project.
The Council was amenable to Chief Riley's attendance at the Stanton Council meeting.
Chief Riley concluded that the official dedication and opening of the Center would
take place on April 20, 1978, starting at 10:30 a.m., and appropriate invitations
would be forthcoming.
REQUEST FOR PERMISSION TO LEAVE THE CITY FOR 90 DAYS: On motion by Councilman Thom,
seconded by Councilwoman Kaywood, permission to leave the City for 90 days, as re-
quested by Councilman Kott, was approved. MOTION CARRIED.
78-293
City Hall,. Anaheim~ California - COUNCIL MINUTES - March 7~ 1978~ 1:30 P.M.
178: LOWERING OF WATER FEES FROM THE METROPOLITAN WATER DISTRICT: Councilman
Kott questioned City Attorney Hopkins relative to the fact that if the Metropolitan
Water District had the authority to raise their fees during drought periods, if
the City had the authority to lower fees when there was an excessive water supply.
City Attorney Hopkins stated he believed the matter was one for the Board of the
Metropolitan Water District to determine since they had the authority to raise or
lower fees. He suggested that perhaps if enough people wrote to the Board, they
might consider such an adjustment.
Councilman Kott thereupon suggested that the City Manager's Office investigate the
matter. Further, as he requested in the past, he would like to have periodic reports
from the City's representative on the Metropolitan Water District Board.
Assistant City Manager Hopkins stated the City's representative would be contacted
relative to the possibility of reducingfees for water as the result of the lessening
of drought conditions.
116: CITY MANAGER'S ABSENCE FROM TODAY'S COUNCIL MEETING: Mayor Thom inquired as to
the whereabouts of City Manager Talley.
Assistant City Manager Hopkins explained Mr. Talley was attending the National
League of Cities Conference in Washington D.C. and from there was going to New York
City to take part in the City's case for maintaining or improving its bond ratings
in the forthcoming bond issue. He was expected to return to the office on Thursday,
March 9, 1978.
The Mayor stated that he did not recall Mr. Talley requesting permission to make the
trip; other Members of the Council indicated they did recall.
ADJOURNMENT: By general consent, the City Council adjourned.
Adjourned: 3:15 P.M.
LINDA D. ROBERTS, CITY CLERK