1973/05/01_~:_~[¥ tlall~_Anahei..m, Caljforniq- COIm,'IL MINUTES- May 1, 1973, 1:3(.) I?.M.
The City (:o~ncil of .1~,~ City of Anaheim met in regular session.
PRESENT:
AB S E ITE:
PRI{SF, NT:
C OUNC I L~N:
COI]NCi I~I<N: ~tton
~i[TY ~NAGER: Keith A. Murdoch
ADMINISTRATIVE ASSISTANT: John Harding
CITY ATTORNEY: Joseph B. Geisler
DEPUTY CITY CLgRK: Alona M. Farrens
UTILITIES DIRECTOR: Gordon W. Hoyt
PERSONNEL DIRECTOR: Garry McRae
CITY ENGINEER: James P. Maddox
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES:
ZONING SUPERVISOR: Charles Roberts
PLANNING SUPER¥ISOR: Don McDaniel
ASSISTANT PLANNER: Ralph Compton
',~tepb~:~,~sol~, 'Pebley, Thom and Sneegas
Ronald Thompson
Mayor Pro Tcm Sneegas called the meeting to order.
~NVO~aTION: Lt. Neal Hogan of the Salvation Army gave the Invocation.
FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the Pledge of
Allegiance to the Flag.
INTRODUCTION - MISS ANAHEIM, 1973: Mrs. Collette Kelly, of the Women's Divi-
sion, Anaheim Chamber of Commerce introduced Miss Terry Olden who
was selected a~ Miss Anaheim, 1973, to the Council.
~yor Pro Tem Sneegas congratulated Miss Olden and presented her a
spray of roses and an Anaheim "A" symbol with appropriate inscription.
iqlOCLAMATIONS: The following proclamations were issued by Mayor Pro Tem Sneegas
and unanimously approved by the City Council:
"Cultural Arts Month in Anaheim" - May 1973.
"American Business Women's Association Scholarship Month" - May 1973.
~ESOLUTION OF SUPPORT: A Resolution of Support of the V.F.W. Buddy Poppy Days, May 18 and 19, 1973, was unanimously adopted by the City Council.
Mr. Hough of V.F.W. Post No. 3173, accepted the resolution.
I~.IilSOLUTION OF CONGRATUI~TIONS: A Resolution of Congratulations on the occasion
of the golden anniversary of the founding of Our Ladies Institute of
the Rosary No. 109 wa~ unanimously approved by the City Council.
,i~TRODUCTION OF NEW EMPLOYEES: b~. Frank Campagnoni, of the City Personnel
' Department, introduced 32 new employees attending the Council meeting
as a part of the City's orientation program.
Mayor Pro Tem Sneega~ welcomed the new employees.
MI~fES~ Minutes of the Anaheim City Council. Regular Maetings held April 3 and
April 10, 1973, were approved on motion by Councilman Thom, seconded by
councilman Stephenson. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
~,f reading is hereby given by ~11 Councilmen unless, after reading of the title,
~pecific request is made by a Councilman for the reading of such ordinance or
resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED.
Ri£FORT- FINANCIAL DEMANDS A~INST THE CITY: Demands against the City, in the amount
of $1,968,096.37, in accordance with the 1972-73 Budget, were approved.
?%JiSL[C }{EARING - ABANDON~MENT NO. 72-!2A: In accordance with application filed by
f~au] D. Kiely, Kiely Corporation, public hearing was held on proposed abandon-
~ent of a roadway reservation located south of Katella Avenue, east of State
,i~ollege Boulevard, pursuant to Resolution No. 73R-142, duly published in the
Anaheim Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer was submitted recommending approval of
~}~, proposed abandonment subject to the following conditions.
7 3- 354
City }{all, Anaheim, California- COUNCIL MINUTES- May 1~ 1973, 1:30 P.M.
1. Reserving therefrom an easement for public utility purposes over~
tmder and across the southerly ~ feet ot said parcel to cover existing City of
Anaheim water line and utility line.
2. The Pacific Telephone Company has existing facilities and request
reservation of an easement for public utility purposes over, under and across the
southerly 8 feet of said parcel to construct, place, operate, inspect, maintain,
repair, replace and remove such aerial and underground telephone, telegraph and
communication structures as the company may from time to time require consisting
of poles, anchors, wires, cables, conduits, manholes, markers and necessary
fixtures and appurtenances.
Mayor Pro Tem Sneegas asked if anyone wished to address the Council;
there being no response, declared the hearing closed.
RESOLUTION NO 73R-168: Councilman Pebley offered Resolution No. 73R-168 for
adoption~ approving Abandonment No. 72-i2A as recommended by the City Engineer.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION
AND ABANDONMENT OF CERTAIN REAL PROPERTY DESCRIBED HEREIN AND RESERVING THERE-
FROM CERTAIN EASEMENTS FOR PUBLIC UTILIWV PURPOSES. (No. 72-12A)
Ro}l Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Pebley, Thom and Sneegas
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-168 duly passed and adopted.
PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 125: Initiated by the City Planning Com-
mission to consider an amendment to the Anaheim General Plan, Streets and circula-
tion Element, proposing extension of Fairmont Boulevard, south from La Palma Avenue
to Canyon Rim Road; relocation of Access Point No. 9; establishment of a new Access
Point No. 9A; and provision of local street circulation patterns thereto.
The City Planning Commission pursuant to Resolution No. PC73-60, recom-
mended adoption of General Plan Amendment No. 125, Exhibit "A", to provide for a
means of local circulation to and through Santa Ana Canyon between Anaheim Hills
Road and Mohler Drive, to establish new access points as part of the Santa Ana
Canyon Access Points Study, and to provide for the extension of Fairmont Boulevard
in order to meet the intent of the County of Orange Master Plan of Arterial Highways.
~ ~e boundaries of the
~'~..u~,~m Rj~ Road to the south,
He noted that Santa
i~4~ves, while the pro-
~nto east and west halves.
arming Commission in
F...,ad i)epautment dated
],~vard from La Palms
bet:ween the Riverside
of an access point;
,,~-rherly from Canyon Rim
;arv-~on Road as a secondary
~.kdtler :.;f~i. ve area;
'.,isiop. between Access Point Nos. 8
point to Santa Aha Canyon Road;
pl ;~ genera] area regarding poten-
2- :*,:tst of Anaheim ttitls Road and
were developed
,.c:,n june t i on with
73-355
City Hall, Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1:30 P.M.
1~ Extension of second~ry arterial highway (Fairmont) south from
La Palma Avenue across the river to Santa Ana Canyon Road.
2. Establishment of a general alignment for the hillside secondary
highway west of Mohler Drive between Santa Ana Canyon Road and Canyon Rim Road.
3. Relocation, addition and up-dating of access point plan for
Santa Ana Canyon Road.
4. Preliminary circulation plan for local, public and private
streets south of Santa Ana Canyon Road between Anaheim Hills Road and Mohler
Drive.
Mr. McDaniel advised that these four proposals are incorporated into
the three exhibits, '"A", "B" and "C" posted for display on the wall of Council
Chambers and further explained as follows:
Exhibit "A" shows the extension of Fairmont Boulevard as a secondary
arterial south from its present terminus at La Palma to Santa Ana Canyon Road,
intersecting Santa Ana Canyon Road at a new Access Point No. 9A, and continuing
south as a hillside secondary to Canyon Rim Road. Access Point No. 9 would be
relocated approximately 1200 feet westerly from its present location to provide
local street access from both north and south of Santa Aha Canyon Road and
would be the nucleus for a circulation pattern to serve the planned community
of Anaheim Hills.
In Exhibit "B" Fairmont Boulevard would not be extended south from
La Palma Avenue. The hillside secondary between Santa Ana Canyon Road and
Canyon Rim Road would be realigned west of Mohler Drive and "T" into Santa Ana
Canyon Road at a new Access Point No. 9A, approximately 150 feet east of
existing Access Point No. 9. A new Access Point No. 8A approximately 610 feet
west of Access Point No. 9 would provide for circulation both north and south
of Santa Ana Canyon Road.
Exhibit "C" illustrates the extension of Fairmont Boulevard as a
secondary arterial south from La Palma Avenue intersecting Santa Aha Canyon
Road at Access Point No. 9. A new Access Point No. 8A would be added approxi-
mately 1200 feet west of Access Point No. 9 and serve as an intersecting point
for an arterial collector street northerly and a local street southerly. The
existing Mohler Drive would become a hillside secondary.
In all Exhibits, the hilly terrain south of Santa Ana Canyon Road
would be served by local and private streets.
Mr. McDaniel noted that the Planning Commission following considera-
tion of the three exhibits has recommended adoption of Exhibit "A" as the one
which would best provide access and circulation to this area.
Mayor Pro Tem Sneegas asked if anyone wished to address the Council
regarding the General Plan Amendment No. 125.
Mr. Jack Wood, Engineer, McCarthy Company, 2535 West La Palma, ad-
vised that his firm has purchased property which falls within the boundaries
of the area affected by General Plan Amendment No. 125 and that their efforts
to develop this property would be hampered by the proposed alignment of Fair-
~ont Boulevard as shown in Exhibit "A".
Mr. Wood displayed a map of subject property which depicted the
proposed alignment under Exhibit "A" as well as several alternative alignments
~eveloped by the McCarthy Company, and requested that Council defer action on
General Plan Amendment No. 125 to allow his firm an opportunity to submit their
land plan which would incorporate possible alternative alignments through their
portion of subject property. He advised that preliminary discussions have been
held with the City Planning staff and their proposed concept is basically
acceptable to staff; and that they would be able to submit a land plan and
map within 30 days.
In answer to Councilman Pebley, he stated he had discussed the pro-
posals for alignment of Fairmont Boulevard with the City Design Engineer,
William Devitt, who advised that the adoption of any of these exhibits would
establish a general alignment with the precise alignment remaining negotiable.
Mr~ Wood was of the opinion the precise alignment of such an important arterial
could best be accomplished by the City Council after receipt of all input, as
individual engineers tend to be myopic regarding such an overall plan, as
their main interests lie in their own particular project.
City Hall~ Anah~m, California - COUNCIL MINUTES - May 1, 1973, 1:30 P.M.
Mayor Pro Tern Snt, t:g;is asked if anyone c, lse either in favor or opposed
to General Plan g~ncnd,nenr No. 12.5 wished to address the Council.
Mr. James G. Stroup, 4i27 Weik Avenue, Bell, California, indicated that
he owns property located within the area affected by General Plan Amendment No.
125 and pointed out that one of the service roads as projected on the exhibJ, ts
.~hown would undoubtedly cause a serious drainage problem for his property. He
refcrr~d to increased water, mud and silt which he has experie,~ed s~nce the
development of an adjacent property and suggested that relocation of the road
slightly to the west would be more suitable.
Mr. McDaniel assured Mr. Stroup and the Council that the roadways and
local streets as shown on the exhibits are not intended to be precise alignments
but a representation of a suggested plan, indicating potential need for access
and c~rculation in a particular area, which could be modified following adoption
of the General Plan amendment.
Councilman Pebley inquired if continuing discussion on the General Plan
~ncndment for 30 days to allow the McCarthy Company an opportunity to file their
land plan, as requested, would have a detrimental effect.
City Attorney Joseph Geisler advised that should the Council elect not
to act on the General Plan Amendment under consideration for 30 days, this would
in effect mean that the City has no Master Plan indicating an arterial highway
into this area and would allow a developer to file a tract map without any reference
to such a road; whereas if the Council adopts one of the exhibits then the map
submitted must accommodate the presence of this proposed arterial, although the
precise alignment would still be subject to change
Mr. Raymond Marsile, 1515 Riviera Drive, Santa Ana, owner of property
within the study area, stated his approval of Exhibit "A", and urged the Council
to take action this date, as this would permit his development plans to proceed.
H~ advised that his property has been landlocked for 15 years, with subsequent
pzobler~s in its sale and development because of the access problem.
Mr. James Liberio, 1720 West La Palma, posed a legal question regarding
the position of those property owners affected should an access point (specifically
No. 9) be relocated or deleted. -
Mr. Geisler advised that the question was much too complicated to an-
swer without review of the maps and background information, but that private
easements would remain in effect, and that as far as the access points are
concerned the State has purchased access rights for all of Santa Ana Canyon Road
and consequently those access points given by the City are permits only and are
liable to revision, relocation or termination at the City's discretion. He further
advised that once a street is installed it cannot be abandoned except by legal
abandonment proceeding, but up to the time of installation of the street, there
is nothing which constitutes any access point.
Mr. Francis Horvath, Newport Beach, representing Mr. Arthur Whizin, asked
how thc alignment propos¢d would affect bis client's property (Canyon Cafe) and
whether a relocation would be possible following adoption of General Plan Amendment
Nee 125.
Mr. McDaniel answered that the access point will be established by
a pr~p~sed development on th~ north side o± Santa Ana Canyon Road, which would
require a four-way intersection lining up with Fairmont Boulevard. His client's
property, while it does not have any legal access points to Santa Ana Canyon Road
presently, will probably be provided with same by the extension of Fairmont
Boulew~rd.
Mayor Pro Tom Sneegas closed the hearing.
City Manager Keith Murdoch emphasized that in connection with
the proposed General Plan regarding the extension of Fairmont Boulevard
and bridging across the river, consideration as to whether the cost of
such facility is actually justified by the need therefor should also be
carefully evaluated. In this connection he referred to the study prepared
by the City Engineer giving projected traffic counts on the major roadways
in the Santa Ana Canyon area, with and without the extension of Fairmont
Boulevard, which report demonstrates the necessity for this additional
arterial.
73- 357
City Hall, Anaheim, ~aliforniai - ~0UNC~L M~NUTES - May 1, 1973. 1:30 P.M,
Mr. Maddox outlined the preliminary cost estimates of the ultimate
bridge and roadway over existing freeway, indicating the proportionate amounts
to be paid by the various governmental agencies as follows, for a total estim-
ated project cost of $1,8~9,500. He cautioned however that a 5% inflation
factor should be added to this sum for each year the project is delayed.
The State's share (as if no freeway)
The County's share
The Developer's share (right-of-way)
The City's share
$637,000.
767,000.
229,500.
216,000.
In answer to Councilman Stephenson, Mr. Maddox advised that based on
the proposed densities, without the proposed extension of Fairmont Boulevard,
all of the present roadways, i.e., Esperanza, La Palma, Santa Ana Canyon Road
and Imperial Highway, would be overloaded, so the extension would benefit the
ge~eral traffic pattern. He referred to the report submitted by the Police
and Fire Departments which indicates they find the proposed improvement
necessary in order to provide the levels of service required in the hill and
canyon area. Further Mr. Maddox indicated that this extension is presently
shown on the County Arterial Master Plan and if the City wishes to continue
its participation in A.H.F.P. Program this must also show on the City's Plan.
Mr. Murdoch observed that if the decision is not made to include
the Fairmont extension in the General Plan at this time, then it will not be
shown on any tentative or final tract maps submitted, and should the City then
reverse their action in the future, the City will be placed in the position of
having to purchase the property, including any homes, which lie within the
right-of-way at a substantially higher cost.
Councilman Pebley offered Resolution No. 73R-169 for adoption,
adopting General Plan Amendment No. 125, Exhibit "A" as recommended by the
City Planning Commission, noting this is a general alignment with precise
alignments to be further considered with developers of the properties to be
served.
Mr. Wood of the McCarthy Company again reiterated that it was his
opinion, in considering the configuration of the land in question, that the
alignment presented in Exhibit "A" is not the optimum location from both
engineering and aesthetic viewpoints. He further felt that the adoption of
Exhibit "A" will render the McCarthy Company property undevelopable, and that
they would prefer that Council adopt Exhibit "C" of the three presented, or
consider additional proposals submitted by them.
Mr. Thompson stated that the City, at staff level, is concerned that
additional ingress and egress to the canyon area between Santa Aha Canyon Road
and the Riverside Freeway be provided since 100 acres of tracts have been
approved in this area which are dependent upon establishment of an access
point, and noted that the configuration formed by Nohl Ranch Road, Anaheim
Hills Road and Serrano Avenue is a very long arterial cul-de-sac. Further,
he was of the opinion that if Council does not feel this alignment appropriate
at this time, that building permits should be withheld and no further tracts
be considered in this area, since the City might inadvertently approve a tract
which lies within the ultimate right-of-way and which the City will have to
acquire at a later date.
RESOLUTION NO, 73R-169: Councilman Pebley restated his offer of Resolution
No. 73R-16§ ~or adoption, adopting General Plan Amendment No. 125, Exhibit "A"
as recommended by the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN
AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 125, EXHIBIT
Roll Call Vote:
AYES: COUNCILM~.N:
NOES: COUNCILM~N:
ABSENT: COUNCILMEN:
Stephenson, Pebley, Thom and Sneegas
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-169 duly passed and
adopted.
73- 358
City Hall, Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1;30 P,M.
BUSINESS LICENSE FEE WAIVER - ST. A~Q~ CTmRgT SCHOOL FIESTA: Request of T. H.
Thompson, Jr., General Fiesta Chairman, St. Anthony Claret School, dated
April 27, 1973, for waiver of the business license fee in connection with the
16th Annual St. Anthony Claret School Fund-Raising Fiesta to be held May 18, 19
and 20, 1973 on the school's grounds at 1450 East La Palma Avenue was submitted
together with reports from the City Attorney, Police Department and License
Division reco~nending approval.
On motion by Councilman Thom, seconded by Councilman Stephenson, said
request was granted in accordance with Council Policy No. 305 and subject to
the General Chairman of the Fiesta and the owner of the carnival contacting
Lt. Bud Fair of the Anaheim Police Department regarding the types of games to
be used at the event. MOTION CARRIED.
HIGH WATER BILLS - MR. AND MRS. WALTEg M. COCHRAN: Mr. Walter M. Cochran, 3157 West
Polk Street outlined his situation regarding disputed water utility bills as
follows: He received bills from the City's Water Division for the periods of
June 29 to August 30, 1972 and August 30 to October 30, 1973 in the amounts of
$101.72 and $45.84 respectively. He contended that it was impossible for his
family to have used the amount of water which this billing implies and that in
fact they did not, but that the meter registered incorrectly.
Submitted together with Mr. Cochran's complaint were correspondence to
the Cochrans from Mr. Gordon Hoyt, Utilities Director, dated April 18, 1973 as
well as a memorandum from Mr. Hoyt to the City Council dated April 24, 1973,
outlining the steps taken to investigate the disputed bills and the ensuing
events as follows:
1. October 17, 1972 - Mr. Carol Ennis, Customer Service investigated
the situation at the Cochran's and observed a slight meter creep with all faucets
turned off, which was attributed to a dripping faucet.
2. October 26, 1972 - The Water Division removed and tested the ~eter
in service at the Cochran residence, which was found to register accurately, and
installed a new water meter.
3. December 20, 1972 - Mr. Ament and Mr. Sears visited the Cochran
residence and simulated a dripping faucet condition. They were unable to detect
any movement on the meter dial as a result of this test. They indicated at that
time that the dripping faucet observed by Mr. Ennis on October 17, 1972 in their
opinion had not been responsible for the meter creep. This opinion was substan-
tiated by the fact that the old meter which had not been repaired, was tested
and a drip condition did not cause movement of the meter dial.
Mr. Gordon Hoyt, Utilities Director, stated that based upon the findings
of their extensive investigation and the tests conducted on the meter it is the
position of the Water Division that the disputed bills are correct; however due
to the fact that the Cochrans may have been misled into thinking they did not have
a leakage in their plumbing system on October 17, 1972, the billing for the period
of August 30 to October 30, 1972 was adjusted, decreasing this by $29.31. The
outstanding sum now totals $118.25.
Mr. Walter Cochran contended that if the excessive water consumption
reflected on his bill was due to a leak, the amounts of the bills would be
similar whereas his two high bills were $101.72 and then $45.84 and then the
bills dropped to a normal range, his bi-monthly bill for October 30 to December
30, 1972 being $4.56. In addition, if the water loss is attributed to a broken
hot water line, Mr. Cochran maintained that this would also be reflected in
higher gas bills, but on comparison these reveal no elevation over the usual
amounts. Further he stated that when he did locate a broken hot water line, on
approximately December 12, 1972, this was several weeks after the bills had
reverted to within the average range. That until this time, there was no evi-
dence of leakage in his yard or audible night sounds of water running through
the pipes.
Councilman Sneegas inquired how these two high bills compare with
water bills computed during previous summers, and in response Mr. Hoyt displayed
a graph representing the Cochran's previous year's billings which indicated two
inordinately high peaks.
73-359
City Hall, Anaheim, Cal~forn$~ - COUNC%L MINUTES - May 1, 1977, 1;30 P.M.
Mr. Cochran reiterated that it would be physically impossible to
use the amount of water ~mplted in these two billings and insisted these
were incorrect either due to a faulty meter or human error in reading same.
Mr. Hoyt assured him that the meter readers are not permitted to
estimate meter readings and outlined the procedures used to check an
abnormally high meter reading.
At Mr. Hoyt's request, Mr. Darrell L. Ament briefly described the
investigatory procedures employed regarding Mr. Cochran's complaint.
Mr. Geisler advised that the City is responsible for any loss of
water up to the meter; once the water passes through the meter into the
customer lines, he must pay for it, and it is not the City's responsibility
to determine if it was used advantageously. If the meter is found to be
faulty an adjustment could be made, however, in this case the meter was
checked by machinery and found to be registering accurately, therefore the
billings are correct and any further adjustments would be a gift of public
funds.
Councilman Thom asked if there were other such instances of unusually
high water bills and Mr. Hoyt advised that other high water bill complaints
have been received and t~e meters subsequently checked registered as reading
accurately within one or two percent. He further noted that when a meter is
found to malfunction, it generally runs slow, permitting more water to pass
through than is recorded, and that something has to pass through the meter
to make it register.
Mr. Cochran asked whether air passing through the meter would
register, to which Mr. Moyt answered affirmatively, however if this was the
case, the air would be i~n the main lines and the neighbor's meters would
also indicate an increase.
Councilman Sneegas requested to see an actual water meter such as
the type under discussion and a meter was brought to Council Chambers.
Following investigation of the meter, Councilman Sneegas stated that he was
satisfied that the mechanism would not register unless something passes through.
Councilman Sneegas thereupon moved that the request for relief from
subject high water bills totaling an adjusted amount of $118.25 be denied;
that the adjustment reducing these bills from $147.56 to $118.25 made by Mr.
Hoyt be approved; and that an equitable schedule of installment payments be
worked out for Mr. Cochran. Councilman Stephenson seconded the motion.
MOTION CARRIED.
VARIANCE NO, 2144 - EXTENSION OF TIME: City Attorney Joseph Geisler summarized
the action taken by the Council on March 13, 1973, and stated that the Rannow
sisters authorized a compromise settlement on the same terms as previously
set forth by the City (March 13, 1973) provided that the extension of time be
granted for 18 months rather than the one year stipulated at that time. He
reported that the proposed 18 month extension would begin on the expiration
date of the variance, which was February 24, 1973. Mr. Geisler told Council
he had been assured by the attorney for the Rannow sisters and Mr. Margulieux,
that the documents for the required dedication have been completed and are
available for early transmittal.
Mr. Geisler thereupon advised, in answer to Councilman Stephenson,
that he feels this is a good compromise settlement of the matter as it
presently stands, and would reco~nend that Council approve ~ame.
Councilman Sneegas asked if acceptance of these terms would permit
the City to perform the work required to correct the problem at the inter- ·
section of Cerritos and Euclid to which Mr. Geisler answered affirmatively.
Mr. Scott Raymond, Attorney for Mr. Margulieux and for Ida and
Marion Rannow requested clarification from Council relative to the City's
intent as far as construction is concerned, noting that a street widening
project in front of the fruit stand would limit or obstruct the present use
of the property, thereby rendering the property unusable for Mr. Margulieux'
purposes. He felt it appropriate to establish as a portion of the agreement
that if there is any construction at the intersection of Cerritos and Euclid
that it be of a nature which would not impair the continued normal operation
of the fruit market.
7 3- 3~0
City Hall, Anaheim, California- COUNCIL MINUTES- May 1, 1973, 1:30 P,M.
Mr. Geisler advised Mr. Raymond that the modification to be conducted
at Cerritos and Euclid would involve signalization, and that street widening in
the area of the fruit stand would be put off until such time as the extension of
time had expired. He noted that the street could not be widened to its ultimate
width without removing a portion of the fruit market which is within the right-
o~way.
The Council indicated concurrence with Mr. Geisler's statement.
Councilman Sneegas inquired as to the possibility of further requests
for extensions of time to continue operation following expiration of subject
extension to which Mr. Raymond answered that Mr. Margulieux intends to cease
his operation on August 24, 1974 and not to lease, sell or otherwise transfer
same to any other person.
Mr. Raymond advised the Council that should they accept this proposal,
he will forward a letter to the City Attorney's Office stating that the trans-
mittal of deeds was based upon the continued existence of the judgement of this
Council for the period agreed.
On motion by Councilman Stephenson, seconded by Councilman Sneegas, an
18 month extension of time retroactive to February 24, 1973 and expiring August 24,
1974 was granted subject to receipt of the required dedication within one week,
and no further extensions to be granted. MOTION CARRIED.
Mr. Raymond was directed by Mr. Margulieux to deliver the deed documents
and the transaction was completed, the City Attorney accepting same on behalf of
the City.
RESOLUTION NO. 73R-170 - AWARD OF WORK ORDER NO. 1244: In accordance with recommenda-
tions of the City Engineer, Councilman Stephenson offered Resolution No. 73R-170
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR~ SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE HARBOR BOULEVARD SEWER IMPROVEMENT FROM APPROXIMATELY
245 FEET SOUTH OF TO APPROXIMATELY 500 FEET SOUTH OF VERMONT AVENUE, IN
THE CITY OF ANAHEIM, WORK ORDER NO. 1244. (Munoz & Sons - $4,755.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Thom
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-170 duly passed and
adopted.
RESOLUTION NO. 73R-171 - AWARD OF WORK ORDER NO. 676-A: In accordance with recommenda-
tions of the City Engineer, Councilman Thom offered Resolution No. 73R-171 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE IMPROVEMENT OF CONVENTION WAY AND WEST STREET, IN THE
CITY OF ANAI{EIM, WORK ORDER NO. 676-A. (Silveri and Ruiz Construction
Company - $15,915.65).
73-361
City Hall, Anaheim, Californi~ - COUNCIL MINUTES - May 1. 1973. 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMAN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Thom
None
Dutton
The Mayor Pro Tem Declared Resolution No. 73R-171 duly passed
and adopted.
RESOLUTION NO. 73R-172 - AWARq OF WORK ORDER NO. 674-A: In accordance with recom-
mendations of the City Engineer, Councilman Stephenson offered Resolution No.
73R-172 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY iCOUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE HARBOR iBOULEVARD AND NORTH STREET STREET IMPROVEMENT,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 674-A. (R. J. Noble Company -
$12,572.60)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Thom
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-172 duly passed and
adopted.
PUBLIC IMPROVEMENT PROJECTS: Councilman Thom offered Resolution Nos. 73R-173 and
73R-174 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-173 - WORK ORDER NO. 736: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF A~AHEIM FINDING AND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A
PUBLIC IMPROVEMENT, TO WIT: TWILA REED PARK GRADING AT THE SOUTHEAST
CORNER OF ORANGE AVENUE AND PARKVIEW STREET, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 736. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS
AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CON-
STRUCTION 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 - May 24, 1973, 2:00 P.M.)
RESOLUTION NO. 73R-174 - WORK ORDER NO. 678-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF A~AHEIM FINDING AND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A
PUBLIC IMPROVEMENT, TO WiT: TRAFFIC SIGNALS AND SAFETY LIGHTING MODIFI-
CATION AT ORANGETHORPE AVENUE AND PLACENTIA AVENUE, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 629-A. 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 - May 24, 1973, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Pebley, Thom and Sneegas
None
Dutton
The Mayor Pro Tem declared Resolution Nos. 73R-173 and 73R-174 duly
passed and adopted.
73-362
City Hall. Anaheim. California - COUNCIL MINUTES - May 1. 1973. 1:30 P.M
RESOLUTION NO. 73R-175 - DEEDS OF EASEMENT: Councilman Stephenson offered Resolution
No. 73R-175 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Ashwill, Burke & Co.; Clark B.
Biggers; B. H. Miller Construction Company; Warner-Lambert Company)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Pebley, Thom and Sneegas
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-175 duly passed and
adopted.
PROPOSED ABANDONMENT - RESOLUTION NO. 73R-176: Councilman Thom offered Resolution No.
73R-176 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS
INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING
THEREON. (72-10A, May 29, 1973, 1:30 P.M.; portion of Struck Street,
lying between Katella Avenue and Howell Street)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Pebley, Thom and Sneegas
None
Dutton
The Mayor Pro Tem declared Resolution No. 73R-176 duly passed and
adopted.
CLAIM AGAINST THE CITY: Claim submitted by Aggressive Engineering Corporation for
man hours lost purportedly resulting from power failure caused by City transformer,
on or about March 20, 1973 was denied as recommended by the City Attorney and
ordered referred to the insurance carrier on motion by Councilman Thom, seconded
by Councilman Stephenson. MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed on motion
by Councilman Pebley, seconded by Councilman Stephenson:
a. City of Irvine - Opposing any change in the present method of ap-
portionment of sales and use tax under the Bradley-Burns Uniform Local Sales and
Use Tax Law.
b. Orange County Water District, Board of Directors - Minutes -
March 21, 1973.
c. Anaheim Public Library Board - Minutes - March 19, 1973.
d. Financial and Operating Reports for the Month of March, 1973 from
the Electrical Division.
MOTION CARRIED.
ORDINANCE NO, 3160: Councilman Stephenson offered Ordinance No. 3160 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-11 - R-2)
ORDINANCE NO, 3161: Councilman Thom offered Ordinance No. 3161 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
~/NICIPAL CODE RELATING TO ZONING. (62-63-41 (1) - C-I)
DRAINAGE POLICY: Proposed Council policy relative to drainage previously continued
to this date, was further continued to allow staff time to complete further
73-363
City Hall. Anaheim. California- COUNCIL MINUTES - May 1, 1973, 1:30 P,M.
studies and recommendation. Those persons requesting notification of the
date this matter would again be scheduled on the Council Agenda were advised
to file their names and addresses with the City Clerk.
COST/FEE STUDY - ZONING AND LA~ USE PETITIONS: By general Council consent,
consideration of the Cost,Fee Study was further continued to be rescheduled
on a future agenda.
ANAHEIM BOULEVARD - HASTER STREET OVERCROSSING - SANTA ANA FREEWAY: Further discus-
sion of the priorities as!scheduled April 3, 1973 and report on prospective fin-
ancing plans was presented by the City Engineer and City Manager.
/
Utilizing a large exhibit indicating the traffic flow pattern provided
by the configurations under discussion, Basic Plan, Plan No. 1, Variation No. 2,
Mr. Maddox demonstrated the various means of access to Anaheim Boulevard and
explained the effects of each on the adjacent business properties. Implementa-
tion of Plan No.
tingent upon avai
right-of-way on t
of some of the bu
the costs associa
No. 2 would cost
Plan.
In cons
freeway, Mr. Madd
ing the Katella -
Council
to handle current
no problem at thi
Council
implemented, the
pattern desired b
Mr. Mur
is quite narrow a
in order to handl
bilities as parki
Anaheim Boulevard
ditional right-of
blem potential, n
interchange plans
out the City whic
Council
Basic Plan to Pla
in two phases; fi
proved in the fut
tion.
Mr. Mur
perienced on Anah
stated that a sli
construction year
Ball Road. He fu
Street, is presen
At the
prospective finan
Basic
from A.H.F.P. and
be $325,000, whic
Plan Nc
two consecutive
year. The remai
[,Variation No. 2,which Council indicated they would prefer con-
Lability of funds, would necessitate acquisition of additional
ne northern side of the freeway, and would require relocation
sinesses located along Anaheim Boulevard. Mr. Maddox compared
ted with each plan, indicating again that Plan No. 1, Variation
the City/County (A.H.F.P.) an additional $650,000 over the Basic
idering the problem of access to Anaheim Boulevard from the
)x noted that there is a sign presently on the freeway indicat-
Anaheim Boulevard access off-ramp.
nan Sneegas asked if the Katella Avenue off-ramp is adequate
traffic demands, to which Mr. Maddox stated there has been
point to date.
.an Pebley observed that regardless of which of the plans is
Haster Street overcrossing itself will provide the traffic
the downtown merchants.
och remarked that Anaheim Boulevard north of Vermont Street,
nd would require a large expenditure to improve the situation
~ any significant increase in traffic. He outlined these possi-
mg restrictions which would be the least costly; coupling
with Lemon Street as a one-way couplet; or acquisition of ad-
-way. He felt that Council should consider this traffic pro°
prth of Vermont, along with the Haster Street/Anaheim Boulevard
He further outlined the other freeway interchanges through-
~ are in need of modification.
nan Sneegas noted that there is no significant change from the
n No. 1, Variation No. 2 and that the project could be performed
rst the Basic Plan and then, should Anaheim Boulevard be im-
ure, the direct access could be provided with later construc-
doch pointed out the graph exhibit indicating the traffic ex-
eim Boulevard by years from 1961 to the present. Mr. Murdoch
ght dip is evident for the section north of Vermont during the
s as well as in recent years, but the reverse is true south of
rther noted that apparently Anaheim Boulevard, north of Vermont
tly handling about its capacity.
request of Councilman Thom, Mr. Maddox presented the following
cing plans for the two configurations under discussion:
lan: The City would request $100,000 for two consecutive years
$145,000 the third year from A.H.F.P. The City's portion would
h is proposed from gas tax funds.
· 1, Variation No. 2: The City would request $200,000 for
ears from A.H.F.P., one quarter million dollars the third
ing $650,000 would be financed from gas tax funds.
364
City Hall~ Anaheim, California - COUNCIL MINUTES - May 1, 1973, 1:30 P,M.
Mr. Maddox stated that there are many other areas at which gas tax funds
could be spent, indicating specifically the Crescent overcrossing, Orangewood,
modification of Harbor and Ball and Euclid and Lincoln. Although these projects
have not been placed in a time frame as yet, they are urgent. He further noted
that the La Palma and Brookhurst project is the first one scheduled and that the
widening of La Palma Avenue was not included in that project and should be initi-
ated as soon as possible.
Councilman Pebley stated that after receiving this additional informa-
tion and reviewing the exhibits showing the traffic experienced on Anaheim Boule-
vard, his viewpoint is completely altered, and noted that the amount of traffic
coming into downtown Anaheim has not changed significantly since 1964, whereas
he was lead to believe that it had decreased.
Councilman Sneegas felt that the two-way Haster Street overpass would
alleviate the Harbor Boulevard and Convention Center traffic. Further he stated
he could not see any added asset offered by Plan No. 1, Variation No. 2 when con-
sidering the additional sum of money involved. He added that he felt that any
further decision should be made at a public meeting.
Councilman Thom stated he would be reluctant to make any definitive
decision regarding a change in plans for this configuration unless this is done
at an advertised meeting, allowing public participation prior to such decision.
Councilman Thom thereupon moved that a public discussion relative to the Basic
Plan and Plan No. 1, Variation No. 2 for the Haster Street - Anaheim Boulevard
interchange of the Santa Ana Freeway be scheduled on May 29, 1973, 1:30 P.M. for
the purpose of reconsidering the priorities as established April 3, 1973; and to
direct the City Clerk to notify all of those parties who have expressed interest
by their attendance at the previous discussion held April 3, 1973, or at the
January 31, 1973 State public hearing, as well as those businesses located on the
east side of Anaheim Boulevard which would be affected by Plan No. 1, Variation
No. 2. Councilman Sneegas seconded the motion. MOTION CARRIED.
ESTABLISHMENT OF NEW JOB CLASSIFICATIONS - STADIUM AND PARKING MANAGER; APPRENTICE
CEMENT FINISHER: Mr. Garry McRae, Personnel Director, reported on recommendation that
two new job classes be established, effective April 20, 1973, these being Stadium
and Parking Manager and Apprentice Cement Finisher.
In answer to Councilman Thom, Mr. Murdoch advised that the title
Stadium and Parking Manager designates one individual who will have certain
supervisory responsibilities at the Stadium as well as that of parking at the
Stadium and at the Convention Center.
RESOLUTION NO. 73R-177: Councilman Stephenson offered Resolution No. 73R-177
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 72R-481 AND ESTABLISHING NEW CLASSIFICATIONS.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Pebley, Thom and Sneegas
NOES: COUNCILMEN: None
ABSENT: COUNCII2MEN: Dutton
The Mayor Pro Tem declared Resolution No. 73R-177 duly passed and adopted.
ADJOURNMENT: At the request of the City Manager, Councilman Pebley moved to recess to
Executive Session to discuss forthcoming Labor agreements presently under negotia-
tion, and in that no further action relative to this is required at this time,
moved to adjourn the meeting following said Executive Session. Councilman Sneegas
seconded the motion. MOTION CARRIED.
Adjourned: 4:04 P.M.
Signed
Deputy City Clerk