1977/02/2277-208
City Hal!~. Anaheim~ California - COUNCIL MINUTES - February..22~ .1977t.I:.30. P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
COUNCIL MEMBERS: Seymour
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth
PERSONNEL DIRECTOR: Garry O. McRae
ASSISTANT PLANNING DIRECTOR-ZONING: Annika Santalahti
CITY ENGINEER: James P. Maddox
UTILITIES DIRECTOR: Gordon W. Hoyt
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
MOMENT OF SILENCE AND RESOLUTION OF CONDOLENCE IN MEMORY OF REX G. BRUHNS: Mayor
Thom requested that a moment of silence be observed on the untimely pas~i~g and in
memory of Rex G. Bruhns, Property Maintenance Superintendent, a devoted City employee
for 28 years. A Resolution of Condolence was prepared to be sent to the Bruhns
family.
INVOCATION: Captain Neal Hogan of the Salvation Army gave the Invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the Assembly in the Pledge of
Allegiance to the Flag.
PRESENTATION IN RECOGNITION OF THE ANAHEIM POLICE DEPARTMENT: Orbry L. Duke, Chief
of Police of the City of Cypress, read and presented a Resolution of Commendation
to the Mayor for the Anaheim Police Department for the assistance the Anaheim
Tactical Approach Control Team gave to the City of Cypress on November 19, 1976,
in thwarting an attempted burglary.
Anaheim Police Captain Kennedy then introduced four of the five member team who
were involved in the apprehension of the suspect; Sgt. Ron C~sper, John Winovich,
Tom Gehrls, and Bob Campbell.
PROCLAMATION: The following proclamation was issued by Mayor Thom and unanimously
approved by the City Council:
"American National Red CrossMonth", month of;,March, 1977
NAVAL AIR STATION AT LOS ALAMITOS: Major Don J. Foley, of the National Guard
Transition Team, spoke relative to the future of the Naval Air Station at Los
Alamitos which he indicated was soon to become the Los Alamitos Armed Forces
Reserve Center in what he termed a straight real estate transaction from the
Department of the Navy to the Department of the Army.
Speaking first to the future of the base, Major Foley stated that the use of
the Base as a helicopter and small fixed wing aircraft installtion would continue
but it would become an Armed Forces conglomerate site reserve cente~ with a popu-
lation of approximtely 100 Base personnel on a Monday through Friday basis and a
large weekend population of 5000 spread across a month of weekends and not all at
one time.
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C_~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February 22, 1.~977~ 1:30 P.M.
Major Foley then spoke to specific concerns of the local community relative
the change;
Air Traffic: It was their intent to maintain their aviation mission as it now
existed. Commercial aviation or the like would not be moving in.
Jobs: Not all present personnel would be able to remain in reducing the base' frQm
an active to a reserve status.
"Bumping": Bumping rights would be exercised by those eligible to do so; the s~atus
of the non-appropriated funded personnel remained to be determined. Special services,
however, would be continued to the best degree possible.
Existing Security Force: The Center would retain as many of their present security
force and fire fighters as possible.
Active Duty LevelPersonnel: Approximately 140 would be transferred to a variety
of new Navy Posts. ~ ·
Special Service Facilities: No definitive answers were available to the continuation
of special service facilities of concern to the retirees in the community who made
heavy use of these services. However, a PX would be maintained somewhere between
a full service exchange and a minimal field type PX to be operated with as many
existing employees as they were able to retain.
Maintenance of the Base: It was their intention to maintain the buildings, fixtures
and landscaping in their present configuration thereby alleviating the concerns
of the surrounding community that this would not be done. They wanted to be "good
neighbors."
Major Foley stated that the Executive Officer of the Base was Colonel Stanley Geach,·
who had lived in the area for most of his adult life. Colonel Geach was to assume
the Community Relations Post on Major Foley's departure from the Base and he (Geach)
would be reporting to the Council on a quarterly basis.
In answer to Councilman Roth, Major Foley explained that the Department of the Army
would be the owner of the land rather than the Department of the Navy. The Army
would then turn the running of the Center over to the National Guard Bureau and
funds would be sent directly to the National Guard~rather than the Army relative to
maintenance of the Base. ·
MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes
of the regular meeting held December 28, 1976, and adjourned regular meetings held
January 27 and February 3, 1977, were approved subject to corrections of the meeting
of December 28, 1976, only. Councilman Seymour was absent. 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 reading of such
ordinance or resolution. Councilman Roth seconded the motion. Councilman Seymour
was absent. MOTION CARRIED.
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~i~ty Ha!l~ Anaheim.~ California - COUNCIL MINUTES - February 22, 1977~ 1:30 P.M.
FINANCIAL DE~NDS AGAINST R~HE CITY in the amount of $470,862.71, in accordance
with the 1976-77 Budget, were'approved.
123: ANAHEIM HILLS EQUESTRIAN CENTER~ SUB-LEASE AGREEMENT: On motion by Councilman
Kott, seconded by Councilman Roth, a sub-lease agreement between Anaheim Hills,~
Inc., and Mr. Larry A. Lease for the operation of the Anaheim Hills Equestrian
Center was approved as recommended in memorandum dated February 16, 1977, from
James Ruth, Director of the Parks, Recreation and the Arts Department. Councilmam
Seymour was absent. MOTION CARRIED.
150: JUAREZ PA-RK~..REyENUE SHARING AGREEMENT WITH THE COUNTY OF ORANGE: Councilman
Kott offered ResolUtion No. 77R-109 for adoption as recommended in memorandum dated
February 16, 1977, from the Director of the Parks, Recreation and the Arts Depart-
ment. Refer to Resolution Book.
RESOLUTION NO. 77R-109: A RESOLUTION OF THE CITY COUNCIL OF TBE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT DATED APRIL 27,
1976, WITH THE COUNTY OF ORANGE IN CONNECTION WITH REVENUE SHARING FOR DEVELOPMENT
OF JUAREZ PARK AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-109 duly passed and adopted.
153: NEW PUBLIC SERVICE EMPLOYMENT PROGRAM JOB CLASS, R.O.P. CLERK 371E: Council-
man Roth offered Resolution No. 77R-110 for adoption, as recommended in memorandum
dated February 15, 1977, from Personnel Director Garry McRae. Refer to Resolution
Book.
RESOLUTION NO. 77R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF ANAHEIM
CREATING THE NEW PUBLIC SERVICE EMPLOYMENT PROGRAM JOB CLASS OF R.O.P. CLERK AND
~MENDING RESOLUTION NO. 76R-677 WHICH ESTABLISHED RATES OF COMPENSATION FOR OUT-
STATIONED PUBLIC SERVICE EMPLOYMENT PROGRAM CLASSIFICATIONS.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-110 duly passed and adopted.
153: INTERGOVERNMENTAL PERSONNEL ACT GRANT PROPOSAL: City Manager Talley referred
to memorandum dated February 16, 1977, from the Personnel Director, recommending
approval of participation by the City in the subject proposal. There would be no
direct costs to the City; however, indirect costs would involve a maximum of 200 hours
of professional and clerical staff time.
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City Ha%l~.Anaheim, California - COUNCIL MINUTES - February 22~. %977., .~;3Q.P.M.
Discussion followed wherein it was ascertained on question by Mayor Thom that no
input was solicited from the Employee Associations. Mr. Talley thereupon suggested
a two week continuance of the matter, but added that the purpose in the grant was
to validate present procedures that had been the subject o£ employee actions in
the past costing other Orange County Municipalities tens of thousands of dollars.
He stated that while employee associations comments would be welcomed, the City
would always be in an adversary position with them on the issue.
Personnel Director McRae did not entirely agree that there was an adversary relation-
ship in terms of the purpose of the grant, the attempt was to look at internal
procedures insofar as the City's affirmative action plan was concerned.
In answer to Councilman Kott, Mr. Talley confirmed that the City would bear no
additional financial costs relative to its participation in the grant proposal
but a great deal of staff time was devoted to such programs amounting to thousands
of hours a year at a cost of approximately $8 to $10 an hour. He emphasized that
the 200 hours to be spent on the proposed subject grant was only a small percentage
of the time spent on such activity throughout the year.
On motion by Councilman Roth, seconded by Councilman Thom, authorization for partici-
pation in an Intergovernmental Personnel Act Grant Proposal prepared by the Labor
Relations Advisory Committee for the Orange County Division - League of California
Cities was continued for two weeks. Councilman Seymour was absent. MOTION CARRIED.
123: AGREEMENT~ MANPOWER PROGRAMS~ CETA TITLE VI: In his memorandum dated
February 14, 1977, Personnel Director McRae recommended approval of a Grant Agree-
ment between the City and the Orange County Manpower Commission for the operation
of a Public Service Employment Program from October 1, 1977 to September 30, 1978,
in the amount of $1,227,947.
Councilman Kott posed several questions relative to costs of the program and the
actual need for CETA employees.
Mr. Talley explained that for those City employees working within the City govern-
ment framework, the taxpayers paid for any wages over $832 a month, including
associated benefits. Regarding the City need, he stated that the acquisition of
CETA employees was entirely voluntary and the City could refuse the job slots
offered as its fair share under Title VI, which slots would then be distributed to
other program managers in the County.
The Mayor asked if the way in which the City allocated CETA positions had been
reviewed with the Employee Association.
Mr. Talley stated that the matter was not an employee association concern but
a direct management and Council prerogative. The program was reviewed with the
Manpower Planner for the City and the Orange County Manpower Commission as well as
the Department of Labor representatives relative to conformance to Federal Laws.
RESOLUTION: The Mayor first stated that he was in favor of the program because it
'assisted unemployed citizens of Anaheim. He added, however, that as a matter of
courtesy it would be best to obtain input from the employee associations because they
had been known.to criticize the level of supervision given to CETA employees, not
generally, but specifically in some departments. The Mayor thereupon offered Reso-
lution No. 77R-111 for adoption, approving an agreement with the Orange County
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.City Hall~ Anaheim, California - COUNCIL MINUTES - February 22~...19~.7~ 1:30 P.M.
b~npower Commission relating to Manpower Programs, CETA Title VI (October 1, 1976
to September 30, 1977) along with the request that the administration review the
program with the employee associations so as to solve the supervision problems to
the greatest extent possible.
Before any action was taken on the foregoing resolution, Mr. Talley explained t~at
he had quarterly meetings ~th the associations wherein anything they wished to
discuss could be reviewed, but the CETA supervision~matter had not been broached by
them in the past. If they wished to do-so, he stated he would be willing to
address the issue. He expressed concern however over even the hint of the concept
that management or the Council had to pass for review how they proposed to use
their employees with a Labor Association or Union. He indicated that managements
or Council's prerogative was something that should be jealously guarded. He added
that the situation was going to be an ever greater problem with the administration
and the City Council since, at the last City P~nager's of California Meeting, they
were told by a Carter Transition Team representative that national jobs under such
programs would be expanded immediately from 300,000 to 750,000 meaning another 400
job slots in Anaheim with better than half inside the City if the City accepted
them. These would include people with less job experience rather than related to
City purposes and he could foresee a substantial amount of City time devoted to
administering the program.
In answer to Councilman Kott, Mr. Talley explained that the program was not something
the City needed but it was the Federal Welfare System being applied rather than
putting people on the dole, the goal was to create jobs through local government.
He further explained that under Federal Law, such employees could not take the place
of regular employees or perform work normally funded by the City.
Further discussion followed between Councilman Kott and Mr. Talley relative to the
philosophy of the Federal Program at the conclusion of which, Councilman Kott stated
that he rejected such a program.
A vote was taken on the foregoing resolution. Refer to Resolution Book.
RESOLUTION NO. 77R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY MANPOWER
COMMISSION RELATING TO MANPOWER PROGRAMS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT AND MODIFICATIONS THERETO ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-111 duly passed and adopted.
175: REQUEST FOR P.U.C. FUNDS FOR CROSSING NO. BM-512.9: Councilman Roth Offered
Resolution No. 77R-112 for adoption as recommended in memorandum dated February 15,
1977, from the City Engineer. Refer to Resolution Book.
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~ity Hall, ..Anaheim~ .Californ.i.a - COUNCIL MINUTES - Februa.rY..22, 1977,.1:30 P.M.
RESOLUTION NO. 77R-1t2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR
FUNDS FROM THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. BM-512.9
AT THE INTERSECTION OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TRACKS AND
CERRITOS AVENUE CROSSING IN THE CITY OF ANAHEIM.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL ME~ERS:
Kaywood, Kott, Roth and Thom
None
Seymour
The Mayor declared Resolution No. 77R-112 duly passed and adopted.
170: LOT LINE ADJUSTMENT PLAT~ HARTSHORN PLUMBING~ INC.: Councilman Thom offered
Resolution No. 77R-113 for adoption, as recommended in memorandum dated February 11,
1977, from the City Engineer. Refer to Resolution Book.
RESOLUTION NO. 77R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT TO LOT LINE
ADJUSTMENT PLAT MARKED EXHIBIT "A" A~D ATTACHED HERETO ON JEFFERSON STREET AND
MIRA LOMA AVENUE IN THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-113 duly passed and adopted.
123: REIMBURSEMENT AGREEMENT~ ~R~.INAGE FACILITIES IN FAIRMONT BOULEVARD AREA:
(Tract Nos. 7666 and 7137) Councilman Roth offered Resolution No.' 77R-114 for'
adoption as recommended in memorandum dated February 14, 1977, by the City Engineer.
Refer to Resolution Book.
RESOLUTION NO.,77R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN INTERIM REIMBURSEMENT AGREEMENT FOR
DRAINAGE FACILITIES. (Sant Construction Company)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-114 duly passed and adopted.
123: REIMBURSEMENT AGREEMENT WITH SANT/WESTERN NO. 1: Councilwoman Kaywood offered
Resolution No. 77K-115 for adoption, as recommended in memorandum dated February 14,
1977, from the Utilities Director. Refer to Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - February 22~ 1977,. 1:30 P.M.
RESOLUTION NO. 77R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TE~MS AND CONDITIONS OF AN AGRE~MENT WITH SANT/WESTE~N NO. 1, SANT
CONSTRUCTION COMPANY, TO REIMBURSE SAID DEVELOPER FOR INSTALLING 327 FEET OF WATER
P~IN AS PART OF THE SECONDARY DISTRIBUTION SYSTEM IN THE AREA OF TRACT 7137 NORTH
OR LA PALMA AVENUE, 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: None
ABSENT: COUNCIL MEMBERS: Seymour
The }~yor declared Resolution No. 77R-115 duly passed and adopted.
115: CIVIC CENTER PRgJECT~ AGREEMENTS FOR UPDATING PLANS~ SPECIFICATIONS~ AND EIR:
City Manager Talley briefed the Council on his report dated February 18, 1977,(on
file in the City Clerk's Office) wherein he recommended that the City accept pro-
posals from Environmental Impact Profiles for preparation of an environmental
impact report for the proposed new Civic Center in the amount of $4,500 and Dan L.
Rowland and Associates Inc. for the updating of plans and specifications as outlined
in Items A, B, and C, Page 2, of their letter of February 17, 1977, addressed to the
City Manager. He then referred to letter dated February 21, 1977, received that
morning from LeRoy Rose and Associates, copies of which had also been sent to the
Council wherein Mr. Rose stated that he preferred Dan L. Rowland and Associates
and LeRoy Rose to continue under the present joint venture. Mr. Talley requested
that the issue be addressed prior to Council action on Item lb of his report.
~ne Mayor commented that he understood the reason for the request to continue the
project under a joint venture since, in 1973, the project was awarded to both firms.
He was agreeable to continuance of the arrangement if it was also agreeable with
them.
Councilman Roth first questioned Mr. Rose's letter signed only by him and not
Dan Rowland and secondly he asked for an interpretation by the City Attorney if
the joint venture entered into three years prior with both firms for approximately
$600,000 was still a binding legal agreement between LeRoy Rose and Dan Rowland and
the City of Anaheim.
Mr. Hopkins addressed the latter question and explained there was a provision in
the August, 1973 contractual agreement stating that if the City Council decided
to postpone or abandon the project at the design stage, the agreement would termi-
nate automatically and be of no further force and effect. It was his understanding
that the design phase was completed followed by a postponement and the architect
subsequently was paid his fees. Under that provision, therefore, the previous
agreement would have terminated.
Mr. Dan Rowland, Dan L. Rowland and Associates, Inc., 1000 West La Palma, stated
that the proposal before the City Council was initiated by his firm as a single
entity. If it was determined to be in the best interest of the City to continue
under or form a new joint venture, they would do so and provide adequate and expedient
service.
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City Hall, Anaheim; California - COUNCIL MINUTES - February 22~ 1977a.1:30 P.M.
Discussion followed between Councilman Roth and Mr. Rowland relative to the termi-
nation of the Joint venture contract of 1973.
Mr. Rowland stated that his greatest concern was that the facility be built be-
cause it was an absolute necessity for the seventh largest City in the State. He
explained that even though their contract was terminated in 1975, they had followed
the project diligently. The reason the proposal was in the name of his~firm oily
was due to the fact they considered their continuity, dedication and current infor-
mation to be best geared to meet the expediencies of the proposal since the time
schedule was very short. However, he stated they could and would joint venture ~o
keep the project afloat.
In answer to Mayor Thom for purposes of clarification,. Mr. Rowland stated that he
was requesting the proposal for-his firm alone, but they would joint venture the
project if it was in the best interest of the City.
On motion by Councilwoman Kaywood,~ seconded by Councilman Roth, staff was authorized
to draft an agreement with Environmental Impact Profiles for preparation of the
environmental impact report on the Civic Center Project as proposed in the amount
of $4,500. Councilman Seymour was absent. MOTION CARRIED.
MQTION: Councilman Roth moved to authorize staff to draft an agreement with Dan
L. RoWland and Associates, Inc., for the updating of plans and specifications of
the proposed Civic Center as outlined in Item A, B, and C, Page 2 of their letter
dated February 17, 1977, in the amount of $14,028. Councilwoman Kaywood seconded
the motion for purposes of discussion.
Before a vote was taken on the foregoing motion, Councilman Kott was concerned that
since two architects were involved and there was a question as to whether one or
both of them be accepted, he did not feel it was in the best interest of the City
to accept only one if, in turn, LeRoy Rose brought the matter to an Attorney thereby'
stopping the project or impeding the grant. He expressed the opinion that it was
important not to jeopardize the grant application since it was the second submittal.
If there was going to be any problem, he would have to vote against a single
architect if the dual proposition would be in the best interest of the City. Council-
man Kott also asked why the funds to cover the proposed agreements had to be extracted
from the Council Contingency Fund.
~. Talley explained that the City was under a very tight time schedule because of
its intent to submit the proposal as an application under the Local Public Works
EcOnomic Development Act. However, the work to be performed would have to be
done whether or not the City did get a Federal Grant in order to complete the project
under California State Regulations.
Relative to the funding, since the Council Contingency Fund was set up each year by
the Council to cover an item not currently budgeted, his first option was to take
it out of the fund unless otherwise directed.
Councilman Kott then referred to a copy of a letter he received written by the
Chairman of the Citizen's Capital Improvement Committee on buildings addressed to
Mr. Ken Wines requesting information as to the availability and price of the Fremont
Junior High School athletic field as a location for City Hall, such location being
different from that proposed in the terms of the EDA Grant. He stated that the
Chairman had acted in an irresponsible manner because (1) in 1970, the electorate
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City Ha.ll~ Anaheim~ California - COUNCIL MINUTES - February 22, ~19.77.~ ,1:30 P.M~
voted overwhelmingly for site location to be at the present site of City Hall and,
(2) the west side of Harbor was not in the redevelopment area. As well, Fremont
was not for sale.
Mr. Talley indicated that while he had not seen the letter, if the Citizens Capital
Improvement Committee chose to, they could initiate such communications and staff
could only advise at the next weeks meeting. He was proceeding under the assumption
that City Hall would be located as ~yor Thom indicated at the prior meeting, where
the electorate voiced its preference.
For the purpose of the press, Councilman Kott stated that he as one person on the
Council, along with others, did respect the electorate's vote and their site pref-
erence as well as the purpose of the EDA Grant. He did not want the chances of ob-
taining the grant-ruined again by irresponsible letters.
Councilman Kott also stated that he would vote "No" on the motion if the second
architect did not become involved in the proposal.
A vote was taken on the foregoing motion. The motion failed to carry by the
following vote:
AYES: COUNCIL MEMBERS: Kaywood and Roth
NOES: COUNCIL M]~ERS: Kott and Thom
ABSENT: COUNCIL MEMBERS: Seymour
Councilwoman Kaywood interjected that it would be appropriate to obtain input from
Mr. Rose as she was of the opinion that he would not be so irresponsible as to stop
the grant in some way.
Mr. LeRoy Rose, LeRoy Rose and Associates, 1440 South State College Boulevard,
stated that he and Mr. Rowland had met yesterday and he (Mr. Rowland) was in
agreement with the February 21, 1977, letter submitted today. He did not submit
the letter out of whim nor did he wish to cause any problems since he and Mr.
Rowland had been working on the project since its inception. He indicated, however,
there was another joint venture agreement between both of the firms personally. He
stated that in the best interest of the City, the joint venture of Rowland and Rose
should continue, not necessarily under the same contract but under a new one. Under
such an arrangement, the project would proceed well because of the combined capabil-
ities of both firms.
Councilwoman Kaywood asked for clarification that, in fact, the initial agreement
the two firms had with the City was concluded.
Mr. Hopkins confirmed that the agreement dated August 7, 1973, between the City of
Anaheim and Dan L. Rowland and Associates and LeRoy Rose and Associates was termi-
nated pursuant to the stipulated terms.
Mr. Rose confirmed that the joint venture agreement about which he was speaking
was dated November 2, 1973, between his firm and Dan Rowtand's a copy of which he
had with him.
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City Hall~ .Anaheim~ California - COUNCIL MINUTES -...F~bruary 22~ 1977~. l~p P.M.
Councilwoman Kay~ood asked if Mr. Rose would give a direct "yes" or "no" relative
to any action he might take to stop the project if his firm were not chosen to
joint venture the project.
Mr. Rose stated that to answer the question directly was a threat and he was not
going to threaten the City in any sense of the word. He was concerned .that m~tters
have proceeded to their present stage and it was the agreement between Dan Rowland
and himself that was the problem. He had no animosity toward Mr. Rowland and his
organization and wanted to continue the relationship that would ultimately be of
benefit to the City.
MOTION: Councilman Kott stated that since Mr. Rowland also expressed that he had
nothing against Mr. Rose and the same opinion was expressed to him (Kott) over the
telephone, from an overall point of view, it appeared to him it would be best if
both firms were involved in the Civic Center Project.
Therefore, he moved that both Mr. JRowland and Mr. Rose be given the contract on
the proposed Civic Center Project in the amount of $14,028, to be funded from the
Council Contingency Fund. Councilman Thom seconded the motion.
Before a vote was taken on the foregoing motion, Councilman Roth indicated he would
oppose the motion, not as a personal affront to Mr. Rose, but because the City of
Anaheim was built on principles, in this case the City was forcing Mr. Rowland to
take on an individual in a joint venture which he said he did not want.
-In order to clarify Mr. Rowland's stand on the matter, the Mayor asked him if he was
opposed to entering into an agreement with Mr. Rose.
Mr. Rowland stated he would not be opposed if it was in the best interest of the
City. If the issue became a stalemate and there was a continuance, he indicated
his firm would continue to pursue the Civic Center Project so the City would not
lose any time if there was any certainty that the agreement would go either to
his firm or the joint venture of Rowland and Rose.
For the record, Councilman Kott stated that he spoke to Mr. Rowland on the phone
the previous day and was told by him that he had no hesitation about Working with
Mr. Rose, praised him, had nothing against him personally and that he enjoyed
working with him.
Councilwoman Kaywood, being the pivotal vote, explained that in the best interest
of the City, she would vote in favor of the joint venture because it was imperative
that the City take advantage of the grant and do all possible to secure it.
A vote was taken on the foregoing motion and carried by the following vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott and Thom
NOES: COUNCIL MEMBERS: Roth
ABSENT: COUNCIL MEMBERS: Seymour
Mr. Hap Bayley, 801 North Loara, Citizen's Capital Improvement Committee on Public
Buildings, spoke to the letter received from the Chairman of the Committee. He
indicated he was aware of the vote of the electorate in 1970 when they selected their
choice for a City Hall site however, the City Council authorized the Public Buildings
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C_ity H~i!~ Anaheim, California - COUNCIL MINUTES - February 22~ t97.~ 1:30 P.M.
Committee to explore all avenues, design possibilities, size, location and method
of funding for a new City Hall. That was 'what they intended to do, therefore, the
letter was wholly appropriate and responsible.
Councilman Kott refuted the contention that the Committee acted responsibly relative
to the specifics of the' EDA Grant Application. He also stated that he had spoken
to Ken Wines that morning wherein Mr. Wines explained that Fremont was not for sale
nor their athletic field.
Mr. Arthur Hasselbrink, Chairman of the Citizens Capitol Improvement Committee on
Public Buildings, stated that the 34 members of that Committee (64 originally) were
appointed by the Council to make a determination on whether public buildings were
needed and where they should be. located. In making these determinations, the
Committee met every Monday night for over six months. He explained that the Civic
Center Project had been coordinated with the City and that the EIR and the matter
of obtaining additional funding was taken into consideration. If funding was
available, the present location would be acceptable; if funding was not available,
then the full Committee in a unanimous vote decided that the potential of the Harbor
Boulevard site was to be considered. That was the sum and substance of their action.
155: TER~MINATION OF SANTA ANA RIVER/SANTIAGO. GREENBELT COMMISSION: Councilman
Kott offered Resolution No. 77R-116 for adoPtion as recommended in memorandum dated
February 16, 1977, from the City Attorney. Refer to Resolution Book.
RESOLUTION NO. 77R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
TERMINATING THE CITY OF' ANAHEIM'S PARTICIPATION IN THE GREENBELT COMMISSION.
(Santa Aha River and Santiago Creek)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
COUNCIL MEbIBERS: None
COUNCIL MEMBERS: Seymour
The b~yor declared Resolution No. 77R-116 duly passed and adopted.
152: AUTHORIZED REPRESENTATIVES IN SMALL CT~!MS ACTIONS: Councilman Kott offered
Resolution No. 77R-117 for adoption as recommended in memorandum dated, February 17,
1977, from the City Attorney. Refer to Resolution Book. '
RESOLUTION NO. 77R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
SUPERSEDING RESOLUTION NO. 76R-724 AND AUTHORIZING CERTAIN PERSONS TO REPRESENT
THE CITY OF ANAHEIM IN SMALL CLAIMS ACTIONS AND AUTHORIZING SAID PERSONS TO COM-
PROMISE OR SETTLE SMALL CLAIMS' ACTIONS IF THE AMOUNT TO BE PAID IS $750.00 OR LESS.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL M~[BERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-117 duly passed and adopted.
77-219
City Hall~ Anaheim~ California - COUNCIL MI~JTES - ~bruary 227 1977~ ~:30 P.M.
123: AGREEMENT RELATING TO ~MINENT DOMAIN ACTION: Councilwoman Kaywood offered
Resolution No. 77R-118 for adoption. Refer to Resolution Book.
RESOLUTION NO. 77R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF ANAHEIM AND RO~N AND MARIA SLOBODYNSKYJ RELATING TO EMINENT DOMAIN ACTION.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-118 duly passed and adopted.
123: AMENDMENT TO STORM DRAIN AGREEMENT~ ANAHEIM CANYON INDUSTRIAL AREA:. Council-
woman Kaywood offered Resolution No. 77R-119 for adoption. Refer to Resolution Book.
RESOLUTION NO. 77R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A FIRST AMENDMENT TO AGREEMENT WITH THE ANAHEIM REDEVELOPMENT AGENCY.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-119 duly passed and adopted.
RECESS: By general consent, the City Council recessed for five minutes. (2:55 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present with the exception of Councilman Seymour. (3:00 p.M.)
PUBLIC HEARING - RECLASSIFICATION NO. 76-77-32 AND CONDITIONAL USE PERMIT NO. 1683:
Application by Francis R. and Ruth B. Hall, for a change in zone from. RS-A-43,000
to CL to permit a private school on property located at 1556 West Katella Avenue.
The City Planning Commission, pursuant to Resolution No. PC77-26 reco.n~nended that
the subject project be declared exempt from the requirement to prepare an Environ-
mental Impact Report, pursuant to the provisions of the California Environmental
Quality Act and further, recommended that Reclassification No. 76-77-32 be granted
subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of Anaheim a strip
of land 60 feet in width from the centerline of the street along Katella Avenue for
street widening purposes.
2. That street lighting facilities along Katella Avenue shall be installed as re-
quired by the Director of Public Utilities, and in accordance with standard specifica-
tions on file in the Office of the Directory of Public Utilities; and/or that a bond,
certificate of deposit, letter of credit, or cash, in an amount and form satisfactory
to the City of Anaheim shall be posted with the City to guarantee the installation
of the above-mentioned requirements.
77-220
City Hall, Ana~.eim,, California - COUNCIL MINUTES- Febrqa.ry 22,, 1977.~ 1:.30.. ~..M~
3. That the owner(s) of subject property shall pay to the City of Anaheim the
sum of sixty cents (60¢) per front foot along Katella Avenue for tree planting
purposes.
4. That trash storage areas shall be provided in accordance with approved plans
on file with the Office.of the Director of Public Works.
5. That fire hydrants shall be installed and charged, as required and determined
to be necessary by the Chief of the Fire Department, prior to commencement of
structural framing.
6. That subject property shall be served by underground utilities.
7. That a 6-foot high masonry wall shall be constructed along the south and west
property lines.
8. That drainage of subject property shall be disposed of in a manner satisfactory
to the City Engineer.
9. That appropriate water assessment fees, as determined by the Director of Public
Utilities, shall be paid to the City of Anaheim prior to the issuance of a building
permit.
10. That the existing structure shall be brought up to the minimum standards of
the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical__,
and Fire Codes as adopted by the City of Anaheim.
11. In the event that subject property is to be divided for the purpose of sale,
lease or financing, a parcel map, to record the approved division of subject property,
shall be submitted to and approved by the City of Anaheim and then be recorded in
the Office of the Orange County Recorder.
12. Prior to the introduction of an ordinance rezoning subject property, Condition
Nos. 1, 2, and 3, above-mentioned, shall be completed. The provisions or rights
granted by this resolution shall become null and void by action of the City Council
unless said conditions are complied with within one year from the date hereof, or
such further time as the City Council may grant.
13. That Condition Nos. 4, 6, 7, 8 and 10, above-mentioned, shall be complied
with prior to final building and zoning inspecgions.
The City Planning Commission, pursuant to Resolution No. PC77-27 granted Conditional
Use Permit No. 1683 subject to the following conditions:
1. That this Conditional Use Permit is granted subject to the completion of Reclass-
ification No. 76-77-32, now pending.
2. That subject property shall be developed substantially in accordance with plans
and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2.
77-221
~ity Hall, Anaheim~ California - COUNCIL MINUTES - February 22~ 1977, .1:30 P.M.
3. That Condition No. 1, above-mentioned, shall be complied with prior to the
commencement of the activity authorized under this resolution, or prior to the
time that the building permit is issued, or within a period of one year from date
hereof, whichever occurs first, or such further time as the Planning Commission
and/or City Council may grant.
4. That Condition Nb. 2, above-mentioned, shall be complied with prior to final
building and zoning inspections.
Miss Santalahti described the location and surrounding land uses. She outlined'
the findings given in the staff report which was submitted to and considered by
the City Planning Commission.
Councilwoman Kaywood instructed staff to change Item No. 10, of PC77-26, to add
the words, at least, thus reading, "that the existing structure shall be brought
up to, at least, minimum standards of the City of Anaheim." She further requested
that the change to the new phrasing be included in all such cases.
Miss Santalahti stated that the wording change would be incorporated in the standard
condition wording.
The Mayor asked if the Applicant or Applicant's Agent was present and satisfied
with the recommendations of the Planning Commission.
Francis R. Hall, Applicant, 1556 West Katella Avenue, stated that she was in full
accord with the recommendations of the Planning Commission.
There being no further persons who wished to speak either in favor or in opposition,
the Mayor closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth,
seconded by Councilwoman Kaywood' the City Council finds that this project will
have no significant effect on the environment and is, therefore, exempt from the
requirement to prepare an EIR. Councilman Seymour was absent. MOTION CARRIED.
Councilman Roth offered Resolution No. 77R-120 for adoption, authorizing the pre-
paration of the necessary ordinance changing the zone as requested subject to the
conditions recommended by the City Planning Commission and Resolution No. 77R-121,
granting Conditional _Use Permit No. 1683, subject to the City Plannin~ Commission
recommendations. Refer to Resolution Book.
RESOLUTION NO. 77R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (76-77-32, CL)
RESOLUTION NO. 77R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 1683. .-
77-222
~ity Hall, Anaheim, California - COUNCIL MINUTES - February.22~1977~.l:~O P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL M~MBERS: None
ABSENT: COUNCIL ~tEMBERS: Seymour
The M~yor declared Resolution Nos. 77R-120 and 77R-121 duly passed and adopted.
PUBLIC HEARING - CONDITIONAL USE.~ERMIT NO. 1680: Application by Maurice Pinto,
to permit a wedding chapel On CO zoned property located at 872 South Harbor Boule~
yard with code waivers of:
a) minimum number of parking spaces
b) minimum landscaping
c) minimum parking area landscaping
The City Planning Commission, pursuant to Resolution No. PC77-13, reported that the
Planning Director has determined that the proposed activity falls with the definition
of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirement for
an EIR and is, therefore, categorically exempt from the requirement to file and EIR
and further recommends that Conditional Use Permit No. 1680 be denied.
Miss Santalahti described the location and surrounding land uses. She outlined the
findings given in the staff report which was submitted to and considered by the City
Planning Commission.
Councilman Roth referred to letter dated February 7, 1977, stating'that additional
parking spaces (4) were being leased for use relative to the proposed wedding
chapel. He wanted to know how this affected the petitioners request for a waiver
and whether or not by the submittal of the letter, all three waivers were now removed,
since waivers "b" and "c" were previously deleted.
Miss Santalahti explained it was legal for a person to provide spaces within 200 feet
of the subject property involved, providing that an agreement was prepared subject
to the review and approval of the City Attorney. Relative to the waivers, she ex-
plained that the Commission's main concern in denying the Conditional Use Permit was
in the conversion of a residential structure to commercial use.
Councilman Roth confirmed that was the point he wished to make in that the Planning
Cor~nission wa~ objecting to a commercial use for the structure more so than the
concern over parking.
Councilwoman Kaywood interjected that even with the additional parking, it would
still be one short of the parking spaces required.
The Mayor asked if the Applicant or Applicant's Agent was present and desirous of
being heard.
Reverend Darrell R. Noe, 2249 West Ball Road, stated that their attorney and original___
draftsman had been fired due to their ineptitude in properly preparing the necessary
documents. He then presented redrawn parking plans incorporating the 12 required
parking spaces on the property. He also indicated that arrangements for the land-
scaping had been made for at least the required amount and probably more than that
77-223
City Hall~ Anaheim~ California- COUNCIL MINUTES - February 22, 1977, i:3O...P..M.
required. He did not understand why minimum landscaping was requested as a waiver.
He also showed a rendering made by a professional group showing the proposed appear-
ance of the chapel if the conditional use permit were granted and stated that they
could upgrade the property to where it would be adequate or more than adequate for
the proposed use.
Reverend Noe further'stated that the chapel would be a business owned by the Church
rather than a Church conducting services, that weddings would be by appointment
only and thereby the guests could be limited, that sufficient parking was provided
as evidenced by the new drawings which had been given tentative approval by the'Traffic
Engineer and that four additional spaces could be provided at a nearby property should
the need arise. The landscaping would be provided both in-the front and in the back
and they wanted no further waivers relative to the landscaping.
In closing, Reverend Noe stated it was a good policy~for them to present a good
appearance and that by so doing the City and the Harbor Boulevard area would benefit
from such upgrading.
Councilwoman Kaywood questioned the discrepancy in the maximum number of guests
indicated as 10 in one place and 15 in another.
Reverend Noe indicated they were originally intending to go to a limit of 10 to 15
guests, but with the required amount of parking now having been provided, they could
accommodate up to 25, which figure was indicated in the material Just presented.
Councilman Kott took issue with the fact that although the petition in favor indicated
that those who had signed it felt that a chapel was needed at the subject location,
the majority of those people were not from Anaheim but from other cities such as
Fountain Valley, Santa Ana, Tustin and even Long Beach.
Reverend Noe explained that all those who had signed the petition had been married
by either himself or his associate in small home ceremonies and friendship was in-
volved. He contended that those individuals also came to Anaheim and in so doing
stopped at one or more of the City's restaurants before going back to their own
community thereby bringing monetary benefit to the City.
The Mayor asked if anyone else wished to be heard either in favor or in opposition.
Mr. Maurice Pinto, P,O. Box 3421, owner of the property as well as other properties
on Harbor Boulevard, stated that although the structure was 'originally a residence,
it was a beautifully built house, excellently suited for the intended use and houses
such as that were no longer being built. He personally assured the Council that the
embellishment of the property along with the landscaping would subsequently be an
asset to the City.
He indicated that only a small number of wedding participants would be accommodated,
the parking was adequate and that the subject property was one of only two on the
street that had a depth of 135 feet, all the rest being only 100 feet deep, thereby
precluding parking problems. He also reiterated that the Traffic Engineer had approved
the parking plan that was drawn up by a professional.
There being no further persons who wished to speak, the Mayor closed the public
hearing.
77-224
City H~i!~ Anaheim~ California - COUNCIL MINUTES - February 2.2~ t977
Councilwoman Kaywood inquired as to whether or not the people who were in oppositio~
at the Planning Commission meeting as well as those who signed the opposing petitioJ
were still opposed to the project.
Miss Santalahti stated those who expressed opposition at the Planning Commission
hearing had not been heard from since. To her knowledge, they were still opposed
to the requested conditional use permit.
In answer to Councilman Roth, relative to the upgrading of the subject structure.
for commercial use, Miss Santalahti stated that'the Commissioners' concerns revolved
around the fact that residential structures still remained residential due to the
lack of any serious commercial conversion. The subject structure, if converted
from residential use to commercial occupancy, had to have sprinklers installed along
with other modifications. The Commission preferred that structures along Harbor
Boulevard be converted into typical commercial buildings not merely with minor
modifications as to facade. The petitioners would have to comply with all commercial
standards and the Building Department would make the exact decision as to what would
be involved.
The P~yor stated that although the proposed wedding chapel may be a good use, Harbor
Boulevard was a problem area and he could not go along with the application as pro-
posed. He was also concerned with the opposition as expressed by 27 area residents
in their petition.
ENVIRONMENTAL ..IMPACT REPQRT - CATEGORICAL EXEMPTION: On motion by Councilman Thom,~
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, Class 1, of the City of Anaheim Guidelines to the requirements for an Environ-
mental Impact Report and is, therefore, categorically exempt from the requirement to
file an EIR. Councilman Seymour was absent. MOTION CARRIED.
Councilman Thom offered Resolution No. 77R-122 for adoption, denying Conditional
Use Permit No. 1680, upholding the recommendation of the City Planning Commission.
Refer to Resolution Book.
RESOLUTION NO. 77R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DE~ING CONDITIONAL USE PERMIT NO. 1680.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-122 duly passed and adopted.
PUBLIC HEARING - TENTATIVE TRACT NO. 8905 AND TRACT NO. 9217: Application by
Dale K. Price and Associates, Agent, requesting waiver of the lot line requirement
of the Hillside Grading Ordinance for Tentative Tract No. 8905, William Driver,
Developer, located on the east side of Anaheim Hills Road, south, of Santa Ana
Canyon Road and Tract No. 9217, Sunburst Development, Inc., Developer, located sout
easterly of the intersection of La Paz Way and Anaheim Hills Road was submitted.
77-225
~ity Hal~ Anaheim, California - COUNCIL MINUTES - February 22, 1977~ 1:30 P.M.
The City Planning Commission recommended approval of the subject request.
Miss Santalahti indicated that the particular requirement in the subdivision
ordinance pertained to landscape maintenance on man-made slopes
and the establishment of a property line. Subsequent to that requirement, a
determination was made that a Homeowners Association would be formed having the
responsibility of maintaining all the slopes within the tract, therefore, eliminat-
ing that as part of the private homeowners responsibility in the two subject tracts.
Since a homeowners association was subsequently formed for maintenance purposes~
Miss Santalahti stated it would be appropriate for the waiver to be granted from
the Subdivision Ordinance because the problem no longer existed.
The Mayor asked if anyone wished to be heard either in favor or in opposition;
there being no response, he closed the public hearing.
Councilwoman Kaywood offered Resolution No. 77R-123 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 77R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING WAIVER OF LOT LINE LOCATIONS OF TENTATIVE TRACT NO. 8905 AND TRACT NO.
9217 AS PERMITTED BY TITLE 17 OF THE ANAHEIM MUNICIPAL CODE.
Roll Call Vote:
AYES: COUNCIL M~MBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-123 duly passed and adopted.
175: WATER CONSERVATION: Utilities Director, Gordon Hoyt, explained that on
February 17, 1977, the Metropolitan Water District (MWD) Board of Directors in
its first special meeting ever held, considered the request of the Governor and
various legislators to provide assistance to Northern California relative to the
water shortage and the measures that might be taken to conserve water throughout
the State. As a result, the Board determined that with a slight excess of 10%
reduction in water consumption by Southern California, the District could cease
taking delivery of Northern California water earlier than the planned May date
and take no deliveries during 1978, thus providing the north with 'the assistance
needed. If the drought continued through 1979, more stringent measures would be
necessary at that time. They ultimately offered a resolution which the Utilities
Department staff used portions of to incorporate into the proposed resolution which
was presented to the Public Utilities Board (PUB) at their last meeting. Subsequently,
the PUB, by motion, recommended that the City Council adopt the resolution.
Mr. Hoyt then gave the Council an overview of the water shortage due to the severe
drought conditions as well as its far reaching implications.
Council discussion followed wherein suggestions were made on measures that could
be taken to conserve water with special emphasis placed on the need for not wasting
this vital commodity. Councilwoman Kaywood recommended that wording relative to
77- 226
City Hall~ .An.aheim~ California - COUNCIL MINUTES - February 22~ 1977~ 1:'30 P.M.
the elimination of waste of water be added to the resolution. Both the Mayor
and Councilman Roth suggested the use of notices or the like in monthly utility
bills. The Mayor emphasized, however, that the City must set an example in some
definitive way to show that it was cutting its water consumption 10% to 15%.
Mr. Hoyt thereupon explained some of the measures that were being taken and/or
considered relative to various City departments curtailment in the use of water:
Mr. Hoyt them stressed that one of the effects conservation measures would bring
generally, would be a loss of revenue in the Utilities Department because costs
for maintaining the system did not decrease accordingly. Although he was not
proposing a rate increase at present, it was a possibility in the future.
After the conclusion~of additional discussion, Councilman Kott stated that he could
not support the proposed resolution unless it carrier with it the stipulation that
no penalties for conservation of water as discussed would be imposed, that water
rates would not escalate, and that the Utilities Department be directed to do every-
thing possible to cut costs. He suggested that such stipulations be added to the
resolution.
Councilman Roth offered Resolution No. 77R-124 for adoption, as proposed by the
Utilities Department and subsequently recommended by the Public Utilities Board.
Refer to Resolution Book.
RESOLUTION NO. 77R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REQUESTING ALL ANAHEIM WATER CONSUMERS TO CUT THEIR WATER USE BY AT LEAST TEN
PERCENT (10%).
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-124 duly passed and adopted.
169: WORK ORDER NOS. !2~.l. AND.896, HANCOCK PLACE .IMPROVEMENT PROJECT: On m~tion'
by COuncilman Thom,' seconded by Councilman Roth, the award of Work Order Nos. 1271
and 896 was continued for one week. Cbuncilman Seymour was absent. MOTION CARRIED.
174: AWARD OF WORK ORDER NOS. 1655 AND 1656,. ARE~-WIDE WATER SYSTEM IMPROVEMENT:
(Community Development Block Grant Program) Councilman Thom offered ResOlution ~o.
77R-125 for adoption awarding a contract in accordance with the recommendations of
the City EngSneer. Refer to Resolution Book.
RESOLUTION NO. 77R-125: A RESOLUTION OF TH~ CITY COUNCIL O~ TH~ CITY OF ANAH~I~
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT
AI~D ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAWIDE WATER SYSTEM IMPROVEMENT, IN TH~
CITY OF ANAHEIM, ~WORK ORDER NOS. 1655 AND 1656. (Ace Pipeline Construction Inc. -
$261,582.80) '
77-227
City Hall, A~aheim,. C~li.fornia ..,. COUNCIL MINUTES - F~bruar¥ 22, 1977, .1:30. ~.M,
Roll Call Vote:
AYES: OOUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-125 duly passed and adopted.
174: AWARD OF WOR~ ORDER..~0....~99~..EDA PROJECT NO. 07~: (Gaymont Storm Drain)
Councilwoman Kaywood offered Resolution No. 77R-126 for adoption awarding a contract
in accordance with the recommendations of the City Engineer. Refer to Resolution
Book.
RESOLUTION NO. .77~-%26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT. TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT
AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT:
GAYMONT STORM DRAIN, BALL ROAD TO ROME AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 899, EDA PROJECT NO. 075101051. (City Construction Company - $134,561.00)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-126 duly passed and adopted.
169: AWARD OF .WORK ORDER NO. 900, LINCOLN AVENUE.MEDIAN ISLAND IMPROVEMENT: City
Engineer Maddox referred to two letters submitted by the second lowest bidder on
Work Order No. 900, Aldo's Landacaping..Company, dated February 18 and February 21,
1977, wherein they objected to the award of subject bid to Acme Sprinkler Company,
the low bidder. Mr. Maddox then read letter dated February 22, 1977 from Mr. Leonard
Kroloff of Acme Sprinkler, wherein they declared that during the preparation of the
bid a price for Item No. 10 was inadvertently omitted, but would be included in the
bid and completed at no additional cost to the City. The communications had been
reviewed by the City Attorney, who recommended that the award be made to the Iow
bidder, Acme Sprinkler Company.
Mr. Aldo Ruiz, Manager of Aldo's Landscaping, reiterated what was stated in both
of his letters, that it was against the rules, regulations and laws that governed
public works to negotiate with Acme after bid time on the price for the item they
omitted in their original bid. Since Acme failed to provide the cost of all of the
33 items requested, their bid should have been considered non-responsive.
City Attorney Hopkins stated that the contract documents and specifications provided
that until award was made, the right was reserved to reject any or all bids due to
technical errors or discrepancies, if to do so was deemed in blue best interests of
the City. As the Engineering Department assured him that the error in this instance
did not involve, a major item, for that reason he ruled i~ Would not prevent award
to the low bidder.
77-228
City Hall, Anaheim, California - COUNCIL MINUTES - February 22,..1977~ .1:30 P.M.
The Mayor confirmed for Mr. Ruiz that the City Attorney was ruling on the techni-
cality that the City could accept as a low bid Acme's proposal of $246,077.13, as
opposed to their bid (Aldo's) of $254,592.10, since Acme agreed to supply the
omitted item at no additional cost. He recognized Mr. Ruiz' concern over the
fairness or equitability of the bidding procedure, but stated that the approximately
$8,500 difference had to be considered.
Discussion followed, at the conclusion of which the Mayor suggested that the project
be rebid. Staff pointed out, however, that there was no time to do so, since the
project involved federal funds and time limits were imposed.
City Manager Talley explained that the subject project was one the City scheduled
to apply for federal funds and subsequently granted in lieu of using local taxpayer
dollars. If staff evaluated the error in the bid to be a clerical one and the City
Attorney concurred, he did not want to lose the $8,500 savings.
Councilman Kott indicated that the causeof'the problem and not the result should be
discussed, and asked how a bid could be accepted and subsequently discovered that
not everything was included.
Mr. Talley explained that on the bid, each price was written down by the bidder,
and not the City. In this case, when the bid was analyzed item by item, such
being the controlling factor, the City found that Acme had miscalculated their total
and, in fact, the total of each individual entry added up to $246,077.13 which made
them low bidder. The City subsequently contacted Acme and pointed out the error
and, further, asked if each one of the individual prices was a controlling price
or the total price which was $250,000. Acme confirmed that each one of the indi-
vidual prices was the controlling price. In either case, Mr. Talley emphasized
that Acme would have been the low bidder, error or not, and contended that Aldo
Landscaping was trying to have Acme's bid "thrown out" on a technicality.
Councilman Kott recommended that if in the future a bid came in and for whatever
reason the total was not correct, then the bid should not be accepted. In this
instance, on a strictly moral and ethical basis, he wanted the bids rejected,
or if one was to be accepted, that it be awarded to Aldo's Landscaping, even at
the higher cost.
Mr. Talley pointed out that such action would allow bidders to make deliberate
technical errors in the future and bring it to the Council's attention any time a
colleague didn't get a successful bid.
RESOLUTION: Both Mayor Thom and Councilwoman Kaywood indicated it was in the best
interest of the City and the taxpayer to accept the low bid of Acme Sprinkler. There-
upon, Councilwoman Kaywood offered Resolution No. 77R-127 foradoption accepting the
low bid of Acme Sprinkler in the amount of $246,077.13 on the Lincoln Avenue Median
I~!ahd Improvement.
Before a vote was taken, Councilman Kott asked if Councilwoman Kaywood would
accept an amendment to the proposed Resolution, which would stipulate tha~ in the
future, if bids were received incorrectly totalted they would be rejected.
Councilwoman Kaywood stated she would not include the suggested amendment in the
resolution because if, in the final analysis, acceptance of the low bid was in the
best interests of the City and taxpayer, she could met see why the City sRoutd ~a~ wore.
77-229
.City Hali~ Anaheim~ California - COUNCIL MINUTES - February 22~ 1977~ 1:30 P.M.
A vote was taken on the foregoing resolution. Refer to Res01utfon Book.
RESOLUTION NO. 77R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI"M
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER
FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: LINCOLN
AVENUE MEDIAN ISLAND IM]PROVEMENT, EUCLID STREET TO KNOTT STREET, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 900, EDA PROJECT NO. 075101059. (Acme Sprinkler -
$246,077.13)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT~ COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-127 duly passed and. adopted.
178: WORK ORDER NO. 9216 - HANCOCK PLACE WATER SYSTEM .IMPROVEMENT: On motion by
Councilman Thom, seconded by Councilman Roth,' award of bids under the subject work
order was postponed one week, as recommended by the City Engineer. Councilman
Seymour was absent. MOTION CARRIED.
108: APPLICATION FOR SO.L. ICITATION OF CHARITY FUNDS: On motion by Councilman Roth,
seconded by Cou cilw an Pfication ' or'"'soliticatio
fr~ the American Missiona~ Society for door-to-door distribu~on of free li~erature
and acceptance of donations ~rch 1 through April 30, 1977, was denied.
Councilman Se~our was absent. MOTION ~IED.
105: PARKS DESIGNATION: On motion by Councilman Kott, seconded by Councilwoman
Kaywood, the triangle of land at the intersection of West, Lincoln and Center Streets
was designated as the "San Pedro Gate Park", as recommended by Mrs. Charles A. Pearson,
Chairman, Mother Colony House Advisory Board, in her letter, dated February 7, 1977,
as well as by t~ Public Works Department in memo dated February 11, 1977. Council-
Seymour was absent. MOTION CARRIED.' · ~ .......
The Mayor noted for the record that Mrs. Pearson wanted to be heard on the subject
park designation but had to leave the meeting due to a previous commitment.
162: AMBULANCE SERVICE: Mr. J. Scott Levinson, ConvaCare Ambulance Service, Post
Office Box 10412 Santa Aha, spoke relative to his request that his company be placed
on the City's Police and Fire Department emergency ambulance call list as outlined
in his letter dated January 4, 1977 (on file in the City Clerk's Office). He then
briefed the Council on the services his company could provide, which service they
wished to provide in conjunction with the City's present and only service, Southland
Ambulance Company. Mr. Levinson contended that presently competition was lacking
in that Southland was the only company that the two subject departments dealt with,
and the citizens of Anaheim deserved the competition him company could provide. In
lieu of the fact that the City did not have a franchise or contractual arrangement
with Southland, he asked that the City not show preference by utilizing one company.
77-230
City Hal!.~ Anaheim~ California- COUNCIL MINUTES - February.22, 1977, 1:30 P.M.
The Mayor stated he understood the essence of Mr. Levinson's presentation, but
referred to reports dated February 2, 1977 from Fire Chief Riley and February 3, 1977
from Police Chief Bastrup (on file in the City Clerk's Office) wherein they expressed
their complete satisfaction with the service provided by Southland. The Mayor was
of the opinion that if the two departments most intimately associated with ambulance
service were satisfied, he also was in favor of continuing with Southland Ambulance
Company. ,
On motion by Councilman Thom, seconded by Councilman Kott, the City Council concurred
with the recommendations of the Police and Fire Chiefs to continue with the City's
current mode of ambulance service. Councilman Seymour was absent. MOTION CARRIED.
105: COMMUNITY SERVICES BOAPd] , ALLOWANCE FOR BOARD.MEMBERS: The Mayor referred
to request dated February 3, i977 from Richard Vargas and Mildred Campbell, Co-Chairmen
of the Community Services Board wherein they requested consideration relative to an
allowance or honorarium for Board Members for each meeting attended, such as that
given the Planning Commission and the Redevelopment Commission. He indicated his
personal opinion had always been one that every board or commission should receive
such an honorarium, but only if it were applied to all boards and commissions in
the City.
Councilman Roth indicated that he would not have any objection to an allowance for
the Community Services Board in the amount of $25.00 per meeting, same as a Council
person. However, he opposed the concept that what was good for one was good for the
other. Instead, such consideration should be given individually if and when a request~
was made as a result of a concurring vote within the boards and commissions.
Councilwoman Kaywood commented on the many boards and commissions whose members
served without monetary recompense. She added it was a privilege and an honor to
serve the City, as well as a matter of prestige. When a stipend was attached to
this service, a change seemed to occur in the people who wanted to serve and, as
well, she had seen members merely stay for a roll call, take their money and leave.
She also noted that relative to the Community Services Board, a large sum of money
would be involved because of its many members. It was her opinion that there was
no way the Council could grant a stipend for one without considering all boards and
commissions, and she was opposed to giving a $25.00 stipend across the board.
Councilman Kott agreed with. Councilwoman Kaywood and expressed the opinion that it
would be out of line to give an allowance to one group and not the other, or all
groups. The people who serve on boards and commissions had their own reasons to
do so and were aware of the conditions under which they would be serving. Such
requests were not in the best interests of the taxpayer.
Councilman Thom moved that the Community Services Board be allowed a stipend or
honorarium of $25.00 for each regularly scheduled meeting. Councilman Roth seconded
the motion. The motion failed to carry by the following vote:
AYES: COUNCIL I~EMBERS: Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood and Kott
ABSEnt: COUNCIL MEMBERS: Seymour
77-231
City Hall~ Anaheim.~ California - COUNCIL MINUTES - February 22~ 1977~ 1:30 P.M.
On motion by Councilman Roth, seconded by Councilman Thom, consideration of the
request for an allowance for Community Services Board members for each meeting
attended was continued one week for full Council action. Councilman Seymour was
absent. MOTION CARRIED.
RECLASSIFICATION NO, .74-75-19 AND V~AR!ANCE NO..1~.65,' EXTENSION 0F.~IME: A. ~.
Williams, Anaheim Plaza Apartments, requesting a one-year extension of time, for'pro-
posed RM-1200 zoning, to construct a 130-unit apartment complex on property located
northwest of the intersection of Crescent Avenue and Loara Street.
Councilman Kott questioned Item No. 1 of the memorandum dated February 10, 1977, sub-
mitted by the Planning Department, Zoning Division, recommending that the one-year
extension of time ~e granted on the subject reclassification and variance in that it
indicated the extension was requested in order to consider alternate plans for the
130-unit apartment complex. He wanted to know if an extension was granted for a
given reclassification so that plans could be altered.
Miss Santalahti explained tha~ typically, a reclassification or any zoning item was
granted for a period of one year at which time the petitioner was to have commenced
the activit~ otherwise it would technically terminate. However, City policy did not
provide for automatic termination. If an extension was granted, the staff would
review any alternative plans. If they were determined to be similar to the original
plans, the petitioner could commence as originally approve~ Any significant changes
would require a public hearing.
Discussion followed between Council and staff relative to the petitioner's compli-
ance with Item No. 4 and 5, as stipulated in the Planning Department's' memorandum.
Councilwoman Kaywood questioned whether or not it would be possible to get Housing
and Urban Development (HUD) approval with the present plans as submitted, if they
were to become HUD apartments.
Miss Santalahti indicated that it seemed doubtful because the density was too high;
therefore, a waiver would be needed.
Councilman Kott stated that since he was familiar with the corner at which the
proposed complex was to be located, he considers it to be irresponsible to put
that much density on Crescent and Loara Streets because they were too narrow,
there was no parking on either side, and a sahool was located in ~he i~mediate
area. In his opinion, it was not good planning to start with to have that type
of zoning (Resolution of Intent to RS-1200) on the subject property.
Councilwoman Kaywood stated she had no objection to the extension of time, but
on the present plan only. If there were changes, she wanted to be certain they
were not slipped through.
MOTION: Councilman Roth moved to grant a one-year extension of time to construct
a 130-unit apartment complex on property located northwest of the intersection of
Crescent Avenue and Loara Street, as requested by A.R. Williams, Anaheim Plaza
Apartments. Councilwoman Kaywood seconded the motion. The motion failed to carry
by the following vote:
AYES: COUNCIL MEMBERS: Kaywood and Roth
NOES: COUNCIL MEMBERS: Kott and Thom
ABSENT: COUNCIL MEMBERS: Seymour
77-232
City Hall~ Anaheim~ California , COUNCIL MINUTES - February 22.~...1977~ 1:30 P.M
By Council consent, the subject request for extension of time was continued for one
week for full Council action.
135: H, G. "DAD" MILLER. GOLF...COURSE - POOL TABLE AND JUKE BO%: Mr. Glen R. Gray,
2301~ Harding, Long Beach, protested to what he alleged to be an arbitrary determina-
tion to re~ve the pool-table from H. G. "Dad" Miller Golf Course. He wanted th~
democratic process to be carried out in making such a determination, rather than
an authoritative type of action taken by one or two people. He considered that his
right to have a beer or a glass of wine, play pool and socialize, had been taken
away from him as well as approximately 100 other people who had signed the petition
opposing the removal of the pool table which had been there for seven years, and the
juke box.
Councilman Roth stated that he played golf at Dad Miller golf course when the
pool table and the juke box were there, and he strongly emphasized that he was
violently opposed to the conditions that existed at that time, indicating that it
was a shame and a sham and hardly a place to take a female.
In answer to Councilman Kott, Mr. Gray indicated the reason the pool table was
removed was to create a restaurant-type atmosphere. He contended, however, that
a golf course bar was a family type place. He stated that only men frequented the
bar portion, except when it was used by the women for infrequent meetings, and it
was an appropriate place for a pool table.
Further discussion followed between Council and Mr. Gray, at the conclusion of
which Councilman Kott referred to the minutes of the Council meeting of July 20,
1976, wherein the new food and beverage concessionaire stated that his plans for
the Dad Miller Golf Course included the removal of the pool table in his efforts
to give a new image to the concession. Thereby, the decision to remove the table
was no~c ~ade arbitrarily.
On motion by Councilman Roth, seconded by Councilman Thom, the Council determined the
podl table, juke box and electronic games were not to be reinstalled at the H. G. "Dad"
Miller Golf Course. Councilman Seymour was absent. MOTION CARRIED.
177: VARIANCE NO. 2421 - REOUEST FOR TERMINATION: Request by John C. Dailey,
President, Anaheim National Bank, for termination of Variance No. 2421 for con-
struction of signs with certain Code waivers on property located on the southwest
corner of La Palma Avenue and State College Boulevard was submitted.
Councilman Kott offered Resolution No. 77R-128 for adoption, as recommended in
memorandum dated February 16, 1977 from the Planning Department, Zoning Division.
Refer to Resolution Book.
RESOLUTION NO. 77R-128: A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF ANAHEIM
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2421 AND DECLARING
RESOLUTION NO.72R.-446 NULL AND VOID.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: GOUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-128 duly passed and adopted.
City Hall~ Anaheim, California - COUNCIL MINUTES - February 22, 1977,
77-233
.1~30 P.M.
P~CESS: By general consent, the City Council recessed for five minutes. (4:47 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present with the exception of Councilman Ses~mour. (4:52 P.M.)
158: PARCEL MAP: (Anaheim Shores) On motion by Councilwoman Kaywood, seconded
by Councilman Roth, the Mayor and the City Clerk were authorized to sign a parcel
map on property located northwesterly of Euclid Street and La Palma. Avenue, as
recommended in memorandum dated February 22, 1977, from the City Engineer.
Councilman Seymour was absent. MOTION CARRIED.
103: REQUEST. FOR...RECONSIQERATION OF PROpOSED ..ANAH~.IM HI~S. ~XATIO~.. NO..18:
Mr. Phil Bettencourt, Anaheim Hills, Inc., 380 Auaheim Hills ROad, explained that
in accordance with.City Council Policy No. 105, a request'for a rehearing on A~aheim
Hills Annexation No. 18 was filed with the City Clerk on Friday, February 18, 1977
in order to provide testimony relevant to the matter.
On motion by Councilman Roth, seconded by Councilman Kott, request for reconsidera-
tion of the proposed Anaheim Hills No. 18 annexation was granted and set for Tuesday,
March 15, 1977. Councilman Seymour was absent. MOTION CARRIED.
RECLASSIFICATION NO.. 76-77-2Z AND.VARIANCE N~. 2881 r .REOUEST FOR REHEARING: On
motion by Councilman Roth, seconded by Councilman Thom, request for rehea~ing on
Reclassificatiqn No. 76-77-27.and Variance No. 2881 filed by Architecture West, Inc.
(Gleason) was denied. Councilman Seymour was absent. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by CoUncilman Roth,
the following actions were authorized in accordance with the reports and reco~a~iendations
furnished each Council Member and as listed on the Consent Calendar Agenda:
1. 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 Mrs. Russell Randolph for personal loss purportedly as a
result of action by the Anaheim Police Department on or about December 23, 1976.
b. Claim submitted by Richard R. Sexton for personal loss purportedly as a result
of confiscation of property by Anaheim Police on or about 3anuary 3, 1977.
c. Claim submitted by John A. Maragno for personal loss purportedly as a result of
actions by the Anaheim Police Department on or about December 8, 1976.
d. Claim submitted by Fairway Ford Sales, Inc. for personal damages purportedly as
a result of Police Department actions in the storage and sale of vehicle owned by
claimant on or about January 14, 1977.
2. DINNER DANCING PLACE PERMIT: Dinner dancing place permit for The Plush Fox Inn~
950 Ox Road, to allow dancing from 7:00 P.M. to 2:00 A.M., Sunday through Saturday,
was disapproved in accordance with the recommendations of the Chief of Police.
(Paul G. Schrieber, applicant)
77-234
city.~al.1, Anaheim~ Ca. li.fornia - COUNCIL MINUTES - February 22, 1977, 1:30 P.M.
3, CORRESPONDENCE: The following correspondence was ordered received and filed:
a. City of Placentia Resolution 77-R-108, encouraging the use of water saving
devices.
b. Petition of Golden West Airlines for Leave to Intervene re Application of Pacific
Airlines, Inc., dba: Los Angeles Helicopter Airlines, before The Civil Aeronatics
Board, Washington, D.C., Docket No. 30181.
c. Community Center Authority -- Minutes of Special Meeting held JanUary 31, 1977.
d. Community Redevelopment Commission - Minut. es of February 2, 1977.
e. Project Area Committee - Minutes of January 25, 1977.
f. Orange County Vector Control District - Minutes of January 25, 1977.
g. Orange County Vector Control District - Report on District activities,
January 14, 1977.
MOTION CARRIED.
109: STATE PUBLIC. UTILITIES COMMISSION - SOUTHERN CALIFORNIA GAS QOM~
APPLICATION NO.~ ~032: Councilmmn Kott took issue with the fact that in the subject
application, rates would increase so that the gas company could fund a solar demon-
stration project. He was opposed to the gas company or any monopoly raising rates
for experimental projects.
On motion by Councilman Kott, seconded by Councilman Thom, opposition to any raise in
rates by the Southern California Gas Company that might ensue as a result of their
engaging in experimental projects was approved. Councilwoman Kaywood abstained.
Councilman Seymour was absent. MOTION CARRIED.
109: STATE PUBLIC UTILITIES COP~ISSION - INTERIM ENERGY ORDER: Councilman Kott
referred to communication dated Feburary 4, 1977 from the Public Utilities Commission
of the State of California relative to conservation in the use of natural gas, and
stated that he was opposing the measures proposed because there was no time limit
placed on the curtailment.
Councilwoman Kaywood asserted, however, that at a recent meeting she attended it was
pointed out that the supply of natural gas would be depleted by 1980 unless new
sources were tapped.
On motion by Councilman Kott, seconded by Councilman Thom, opposition to PUC of the
State of California Interim Emergency Order to prohibit, conserve and curtail the
use of natural gas was approved, since no time limit was placed.'on the curtailment.
Councilwoman Kaywood abstained. Councilman Seymour was absent. MOTION CARRIED.
77-235
.City Hall~ Anaheim~ California - COUNCIL MINUTES - February. 22~ 1977~ i:~Q ~.M.
RESOLUTION NOS. 77R-129 THROUGH 77R-~34: Councilman Thom offered Resolution Nos.
77R-129 through 77R-134, 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.
RESOLUTION NO. 77R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Jane Bright; .Philip p.
Lewis, et ux.; Richard J. Zlaket, et ux.; Anaheim National Bank; Uck Ho, et ux.)
RESOLUTION NO. 77R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~
FINDING A.ND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BROOKHURST COMMUNITY BUILDING
DEVELOPMENT - PHASE I, IN THE CITY OF ANAHEIM, WORK ORDER NO. 881; 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 10, 1977, 2:00 p.m.)
RESOLUTION NO. 77R-131: 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: LINCOLN AVENUE SEWER IMPROVE-
MENT & GRAND AVENUE SEWER LATERAL EXTENSIONS, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 1266, 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 17, 1977, 2:00 p.m.)
RESOLUTION NO. 77R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE INVITA-
TION FOR SEALED PROPOSALS, TO WIT: 13.8 kV METAL-CLAD SWITCHGEAR FOR YORBA SUB-
STATION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 6395; APPROVING THE DESIGNS, PLANS,
DRAWINGS AND SPECIFICATIONS FOR THE EQUIPMENT THEREOF; AUTHORIZING THE PURCHASE OF
SAID PUBLIC UTILITY EXTENSION IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.;
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED
PROPOSALS FOR THE PURCHASE THEREOF. (Bids to be opened March 31, 1977, 2:00 p.m.)
RESOLUTION NO. 77R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LA~OR, SERVICES,
MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING pOWER, FUEL
~ND WATER, AND THE PERFORMANCE.OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE EUCLID STREET STREET IMPROVEMENT, 321'
N/O S.P.R.R. TO 70' S/O S.P.R.R., IN THE CITY OF ANAHEIM, WORK ORDER NO. 791-B.
(Ventura Contracting)
RESOLUTION NO. 77R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM
DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS.
(SHAW AND TALBOT, A PARTNERSHIP - 76-12A; to vacate public utility easement located
north of La Palma, east of Tustin Avenue, setting public hearing date March 15, 1977,
3:00 p.m.)
77-236
city Hal!, Anaheim,.California _ COUNCIL MINUTES - February 22, 1977, l:30.p.M.
Roll Call Vote:
AYES: COUNCIL M~MBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL bIEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The b~yor declared ResOlution Nos. 77R-129 through 77R-134, both inclusive, duly
passed and adopted.
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at
their meeting held January 31, 1977, pertaining to the following applications were
submitted for City Council information and consideration.
On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council
authorized the actions pertaining to the following Environmental Impact Require-
ments as recommended by the City Planning Commission and took no further action
on the following applications. (Item Nos. 1 through 7)
1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has
determined that the proposed activities in the following listed zoning apPlications
fall within the definition of Section 3.01, Class 1, 3, or 11, of the City of
Anaheim Guidelines to the requirements for an Environmental Impact Report and are,
therefore, categorically exempt from the requirement to file an EIR:
Conditional Use Permit No. 1685
Variance No. 2900
Variance No. 2902
Variance No. 1790
2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission
recommended to the City Council that the subject project in the following listed
zoning application be declared exempt from the requirement to prepare an Environ-
mental Impact Report, pursuant to the provisions of the California Environmental
Quality Act:
Variance No. 2901
3. VARIANCE NO. 2900: Submitted by Mildred M. Anderson, Phyllis E. White, and
Vesper B. White, to permit two single-family structures on RS-A-43,000 zoned property
located at 1759-A West Orange Avenue with certain code waivers.
City Planning Commission Resolution No. PC77-29 granted Variance No. ~900 in part.
4. VARIANCE NO. 2901: Submitted by Mike Clark Development, Inc., to establish
2 lots on RS-A-43,000(SC) zoned property located on the south side of Mohler
Drive, east of Country Hill Road with waiver of minimum lot area.
City Planning Commission Resolution No. PC77-30 denied Variance No. 2901.
5. VARIANCE NO. 2902: Submitted by Di Giorgio Corporation, to construct a sign
on M~ zoned property located at 605 East Commercial Street with certain code
waivers.
City Planning Commission Resolution No. PC77-31 granted Variance No. 2902.
77-237
~ity. Hails.. Anaheim~ California - COUNCIL MINUTES -' February 22~ 1977~. 1:30 P.M.
6. CONDITIOMAL USE PERMIT NO. 1685: Submitted by A. G. Richter, to permit on-sale
beer and wine in an existing restaurant on CL zoned property located at 1046 North
State College Boulevard.
City Planning Commission Resolution No. PC77-33 granted Conditional Use Permit
No. 1685 for 5 year~, subject to review by the City Planning Commission. ;
7. VARIANCE NO. 1790 - EXTENSIOM OF TIME: Submitted by Dennis Aase, for an
extension of time to Variance No. 1790 to permit storage of old and wrecked
automobiles on property located on the west side of Orange Avenue between Cypress
Street and Adele Street.
The City Planning Commission approved extension of time to Variance No. 1790 to
expire April 25, 1979, subject to a landscaping requirement.
MOTION CARRIED.
155: ENVIRONMENTAL IMPACT REPORT NO. 194 (Supplement to EIR No. 80)~.REVISED GRADINC
PLAN FOR~UNIT XV~ ANAHEIM HILLS AND REMOVAL OF SPECIMEN TREES: Request by Horst J.
Schor, Sr. Vice President, Anaheim Hills, Inc., for approval of revised grading plan
and removal of specimen trees for Unit XV, Anaheim Hills, on property consisting of
approximately 119 acres located on the south side of Nohl Ranch Road, east of the
proposed extension of Imperial Highway.
In answer to Mayor Thom, Miss Santalahti explained that the southern portion of the
subject area was part of Annexation No. 18, which came before the Council the previous
week and was subsequently denied.
The Mayor thereupon stated that no action could be taken relative to the certification
of the EIR or the grading plan until after the reconsideration of the annexation
was discussed on March 15, 1977.
For the record, Mr. Bettencourt indicated that proposed Annexation No. 18 involved
no entitlements to use or zoning. Of the approximately 119 acres within the annexa-
tion area, less than 15 acres were not within the City limits at the present time.
Therefore, to hold up grading permit approval under those circumstances would not
be reasonable. The portions outside of the City limits involved Canyon area fills
and construction of downstream drainage devices and a good deal of the project
could proceed on approval of the revised grading plan. The jurisdiction of the
City Engineer grading approval was limited only to that property within City limits
and, if necessary, Anaheim Hills could process additional approvals through the
County on that work which would take place under County jurisdiction.
Further discussion followed at the conclusion of which City Engineer Maddox suggested
that a fourth condition be added to those listed in his memorandum of January 21, 1977,
recommending approval of the grading plan, approving only that portion within the
City at the present time.
77-238
City Hall, Anaheim~ California - COUNCIL MINUTES - February 22, 1977.~ ~30 P.M.
City Attorney Hopkins indicated that would be an acceptable way in which to grant
the approval. He also stated that no problem would be involved by acting on the
Environmental Impact Report as it was merely a certification that there would be
no environmental problem and it was basically an informational document.
The b~yor indicated thJt he would abstain until after the reconsideration of th~
annexation.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council
finds that Environmental Impact Report No. 194 (supplementing master Environmental
Impact Report No. 80) does conform to the City and State guidelines and the State
of California Environmental Quality Act. and said EIR is in compliance with said
Environmental Quality Act. Councilman Seymour was absent. MOTION CARRIED.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, revised grading
plan and removal of specimen trees for Unit XV, Anaheim Hills, on property con-
sisting of approximately 119 acres located on the south s%de of Nohl Ranch Road,
east of the proposed extension of Imperial Highway, was approved as recommended
by the City Engineer in his memorandum dated January 21, 1977, with additional
Condition No. 4, indicating only those portions within Anaheim City limits. Council-
man Thom abstained. Councilman Seymour was absent. MOTION CARRIED.
150: REMOVAL OF.. 30~000 C.Y. OF SOIL FROM HILLS PARK SITE NO. 1: On motion by
Councilwoman Kaywood, seconded by Councilman Roth, removal of 30,000 C.Y. of
soil from the Hills Park Site No. 1 (located E/O Imperial Highway, N/O Nohl Ranch
Road) by Anaheim Hills, Inc., was approved as recommended in memorandum dated
February 8, 1977, by the City Engineer and Director of Parks, Recreation and the
Arts Department. Councilman Seymour was absent. MOTION CARRIED.
134: GENERAL PLAN AMENDMENT NO. 142 AND ENVIRONMENTAL IMPACT REPORT NO. 195:
On motion by Councilman Thom, seconded by Councilman ROth, the date, time and
place for public hearing on General Plan Amendment No. 142 and Environmental
Impact Report No. 195, was set for March 8, 1977, at 7:30 P.M., in the Council
Chambar. Councilman Seymour was absent. MOTION CARRIED.
155: ENVIRONMENTAL IxMPACT REPORT - NEGATIVE DECLARATIONS: (Parcel Map No. 600
and 610) Councilwoman Kaywood questioned the participation in the signalization
at the intersection of Sunshine Way and Mira Loma Avenue relative to Parcel Map
No. 610.
Miss Santalahti explained that Assistant City Attorney Frank Lowry was going to
review the matter as to whether or not it would be legal to require signalization.
City Attorney Hopkins stated that to require signalization in connection with the
negative declaration would be improper unless the applicant wished to do so.
On motion by Councilman Thom, seconded by Councilwoman Kaywood, it was determined -
by the City Council that the filing of the following parcel maps are exempt from
the requirement to prepare an Environmental Impact Report as recommended by the
City Planning Commission, pursuant to the provision of the California Environmental
Quality Act:
Way (No. 610).
a) Terminus of Canyon Wood Road (No. 600); b) 1260 through 1291 Sunshine
Councilman Seymour was absent. MOTION CARRIED.
77-239
~ity Hall~ Anaheim~ California - COUNCIL MINUTES - February ,22~ 1977,~, ,1:30 P.M.
ORDINANCE NO. 3657: Councilman Roth offered Ordinance No. 3657 for adoption
Refer to Ordinance Book. '
ORDINANCE NO. 3657: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(19) RS-5000)
Roll Call Vote:,
AYES: COUNCIL MEMBERS: KaYWood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL M~MBERS: Seymour
The Mayor declared Ordinance 3657 duly passed and adopted.
ORDINANCE NOS. 3658 THROUGH 3660: Councilman Thom offered Ordinance Nos. 3658
through 3660, both inclusive, for first reading.
ORDINANCE NO. 3658: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIMMUNICIPAL CODE RELATING TO
NO PARKING AT ANY TIME.
ORDINANCE NO. 3659: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-33(14), RS-A-43,000)
ORDINANCE NO. 3660: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-38, RS-HS-22,000(SC))
RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive
Session. Councilman Thom seconded the motion. Councilman Seymour was absent.
MOTION CARRIED. (5:15 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present with the exception of Councilman Seymour. (5:18 P.M.)
112: SETTLEMENT OF LITIGATION - ALLEN ET AL. VS CITY OF ANAHEIM: On motion by
Councilwoman Kaywood, seconded by Councilman Roth, the City Attorney was author-
ized to conclude negotiations and settle the litigation between the City of Anaheim
and Allen et al., in the amount of $4,000. Councilman Seymour was absent MOTION
CARRIED. ·
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded the
motion. Councilman Seymour was absent. MOTION CARRIED.
Adjourned: 5:19 P.M.
LINDA D. ROBERTS, CITY CLERK