1973/12/2673-1028
Ci~ Hall, Anaheim, California - COUNq~L MINUTES - DeCember 18, ~7~r ~0 ~ ' ~ '
ADJOURNMENT: Councilman Pebley moved to adjourn to Wednesday, December 26, 1973,
1~:00 a.m. for the purpose of hearing a presentation by Mr. Pete Fielding,
General Manager of the Orange County Transit District, regarding transportation
corridors. Councilman Sneegas s~conded the motion. MOTION CARRIED.
Adjourned: 5:10 P.M.
City Clerk
City Hall, Anaheim, California - COUNCI~ MINUTES - December 26, 1973~ 11:00 A.M.
The City Council of the City of Anaheim met in Adjourned Regular
Session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, Thom and Dutton
COUNCILMEN: Pebley
ASSISTANT CITY MANAGER: Robert M. Davis
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Dene M. Daoust
TRAFFIC ENGINEER: Ed Granzow
PLANNING SUPERVISOR: Don McDaniel
Mayor Dutton called the meeting to order.
ORANGE COUNTY TRANSIT DISTRICT - ALTERNATIVE TRANSIT CORRIDORS STUDY: Supervisor
Ralph Clark stated that his capacity as Chairman of the orange County Transit
District has proven to be the most challenging appointment he has received since
active in government. He remarked that this District is not an antiquated,
out-dated system with old equipment since Orange County has been primarily agri-
cultural and is now highly urbanized, therefore this is a whole new field and
an opportunity to develop a brand new modern system which will supply one of
the most needed things in the County today - transportation for the people.
Interest in the Orange County Transit District at this time is very
appropriate, since the O.C.T.D. is engaged in its Transit Corridor Study, which
Supervisor Clark commented was the most important step in Orange County since
the advent of the Santa Ana Freeway. He further voiced the opinion that Anaheim
is a key city in the proposed transit system, because of its size, of the fact
that it provides many points of terminus for public transportation, such as
Disneyland, the StadiUm and Convention Center.
Supervisor Clark advised that the O.C.T.D. presentation has been
given to various community groups such as the Council on Aging and the Human
Relations Co~nission, as well for individual cities and the Executive Committee
meeting of the Orange County League of California Cities°
Supervisor Clark then related a brief history of the evolution of the
O.C.T.D. and the makeup of the five-member board which governs it. He commen-
ted that the District started operating its first buses in August of 1972, and
at that time had 5 buses which Carried 25,000 passengers during the first
months. He compared this with October of 1973 during which 48 O.C.T.D. buses
carried 284,000 passengers. He advised that the first priority when the District
was formed was to provide service for the transit-dependent people. The District
then went into a schedule of expansion of these.services and hired a consultant
to prepare a program for the planned acquisition of 210 buses within five years,.
The goal of the O.C.T.D. is to provide superior bus service, called saturation
service,which will serve as the backbone of the entire transit system. He
remarked that the District Board recognizes that buses are not the complete
73-1029
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26~ 1973~ 11:00 A.M.
answer, and they are considering the potential applications of fixed rail or
monorail systems or high speed transit in the corridors. The final system
would serve every corner of Orange County but the main feeder line will be
buses.
The O.C.T.D. presently has 48 buses on 19 routes which serve 22
County cities. In the spring of 1974, 63 brand new buses will expand service
to 33 routes serving all 26 cities in the County. He advised that the policy
of the Transit Board is to charge a 25 cent one-way fare which permits the
passenger to transfer to any line going in the same direction. Further that
any child under 12 riding with a fare paying passenger rides free.
In conclusion, Supervisor Clark commented that in light of the
energy crisis and the proposed E.P.A. rules, public transportation is vital
and that the District wants to implement a plan which is acceptable to the
people and this is the reason for the presentation to various agencies and
public groups - to receive their inputs. He requested that the City of
Anaheim and the City Council evaluate the 4 plans and forward any criticisms
or comments to the District. He advised that further input will be solicited
of the City in February when the final plan has been selected. He thereupon
introduced Dr. Pete Fielding, General Manager, Orange County Transit District.
Dr. Fielding explained that the District has hired professional con-
sultants but that they feel the main role for the District and consultants is
to articulate several alternatives, that it is through the people and partic-
ularly through their elected representatives that the transit plan which would
be most beneficial to the community and to the cities in Orange County be
selected.
Dr. Fielding described the planning procedure which was divided into
three categories - short, medium and long range planning. The short range
goal is to place buses on all arterial streets and to provide 10 to 15 addi-
tional modules for expansion of the dial-a-ride program. The medium range
goals include utilization of park-and-ride lots as the first step towards
implementing the freeway systems for public transit. The long range plan calls
for a rapid transit system with a grade-separated right-of-way.
Dr. Fielding utilized slides to illustrate a new dial-a-ride electric
dual-mode vehicle, powered by a turbine electric generator on local streets
as a collector unit, it could then travel to a guideway which might be one
freeway lane, and attach to the guideway receiving its power and guidance
from same. This type of system is proposed to be phased into the District
dial-a-ride program. In addition, he presented slides illustrating a park-
and-ride facility, and in the interest of integration of all types of modes
of travel, the proposed locked bicycle racks to be installed at the park-and-
ride centers and bus stops. One slide depicted the culmination of planning
in the long range which would provide the ultimate level of transportation
facilities including dial-a-ride and saturation bus services, a grade separ-
ated rapid transit system traveling at 80 m.p.h, integrated with a high-speed
(200 m.p.h.)inter-city run between Los Angeles, San Diego and other cities.
Dr. Fielding pointed out the mono cab configuration which is a more successful
adaptation of the monorail and hangs from an overhead track and can be built
along road margins quite economically with pre-stressed concrete. It has a
capacity to handle 5~000 to 6~000 people per hour to their individual desti-
nations. He related that the intention for Orange County is to develop a
system which integrates various modes of travel~ rapid inter-city transit~
superior bus services and individual feeder systems.
Dr. Fielding advised that most of the planning performed was based
on "desire lines" which were developed through sophisticated computer pro-
gramming and which indicate where people would like to travel to and from in
the year 1990. He noted that according to this study, by 1990 there will be
considerable development in eastern Los Angeles County, Riverside and San
Bernardino. There will also be a considerable increase in business and com-
merce in the central Orange County area. Consequently, a total of 11 plans
were developed and applied to the demands to see how these could relieve
traffic congestion in 1990. These 11 were refined to 4 candidate plans.
He advised that in mid-January, the Orange County Transit District will
73-1030
City Hall~ Anaheim, California - COUNCIL MINUTES - December 26~ 1973~ ll:OQA.M.
conduct a three-day seminar with all of their consultants, out of which 1 of
the 4 plans,with or without modifications,will be recommended to the directors
and public hearings will be held. It is hoped that the plan can be adopted
by early March so that detailed engineering development and funding can begin.
Dr. Fielding outlined the 4 alternative transit corridors under con-
sideration currently as follows:
1. Network No. T-2F - a maxi-rail network: Uses the Pacific Electric
right-of-way for the Los Angeles-Santa Aha connection and existing spurs to
Long Beach, Huntington Beach, Fullerton, La Habra.
2. Network No. T-2G - this plan makes extensive use of existing
freeways such as the San Diego, Santa Ama, Riverside Freeways as well as the
proposed Corona del Mar extension of the Orange Freeway. In addition service
to Huntington Beach is provided on a line following Beach Boulevard.
3. Network No. T-2E - minimal network plan: This uses the Pacific
Electric right-of-way from Los A~geles to Santa Aha and the Amtrak right-of-way
south to San Diego; the Riverside Freeway from its western connection with the
Pacific Electric alignment just over the border in Los Angeles County to River-
side; the Orange Freeway to the Santa Aha River bed, south on Fairview and along
the proposed Corona del Mar Freeway.
4. Network No. T-2H - bus on freeway plan: Makes extensive use of
freeways including San Diego, Garden Grove, Santa Aha, Riverside and Newport
Freeways; the proposed Corona del Mar Freeway connection into the existing por-
tion of the Newport Freeway. Also included is the Orange Freeway and its pro-
posed completion as far as the Garden Grove Freeway.
Additionally, Dr. Fielding pointed out that it is strongly felt that
the Century Freeway, which has a 60-foot right-of-way, should be used for some
form of rapid transit to provide access between Los Angeles International Air-
port and the central portion of Orange County. It is felt this could be achieved
by using a combination of the Century Freeway and portions of the Pacific Electric
right-of-way. He further emphasized that a series of high-rise developments will
occur adjacent to the traffic corridors and the Orange County Transit District
feels it can do a better job in Orange County of structuring development pos-
sibilities through the transportation plan than has been possible in other com-
munities, because it is not a separate entity but represents the 26 cities and
the County.
Dr. Fielding noted that Orange County had primarily a low-density
life style and the kind of urban environment which requires a superior bus sys-
tem to provide mobility from homes to key points in the transit network. In
conclusion, he commented that the District is seeking intergovernmental coordi-
nation from Riverside, San Bernardino, Los Angeles and San Diego County govern-
ments as well as through S.C.A.G. and C.A.O., in an effort to provide a coordi-
nated interregional public transit system which could have tremendous social and
ecomonic benefits in Orange County. At the conclusion of the slide presentation,
Dr. Fielding volunteered to answer questions.
Councilman Dutton stated that he recognized the need for a multi-modular
system to adequately serve the transit needs of the City of Anaheim, however
with a low density population, he inquired whether it is projected that the
O.C.T.D. will ever be self-sufficient.
Supervisor Clark replied that transportation is now recognized at all
government levels as basically a public utility which provides a service needed
by the people, especially in view of the energy crisis. He advised that the
O.C.T.D. has attempted to use private enterprise as much as possible by awarding
management and operations'schedules to individuals, such as Mr. Valen of Town
Tours, operates within the City of Anaheim. In regard to the low density envir-
onment~ Supervisor Clark stated that the District feels dial-a-ride has provided
the answer. Further, Supervisor Clark remarked that the monies supporttmg the
Transit District are provided through Federal funds and sales tax on gasoline,
that 90% of the funding is coming from other than property taxes.
73-1031
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26~ 1973; 11:00 A.M.
Assistant City Manager Robert Davis advised that the four corridor
studies have been reviewed by Development Services Department and requested
Don McDaniel, Planning Supervisor to present their thoughts concerning modifi-
cations on routes through Anaheim.
Mr. Don McDaniel reported that the Planning Division has had an
opportunity to review both the first and second O.C.T.D. interim reports.
Essentially the preference of the four corridors is the alternative known, as
T-2E, since it is felt this would best serve the City of Anaheim with a minor
modification. He distributed maps upon which the T-2E Network was superim-
posed in green and modifications described as "A" and "B", indicated in
purple. (Map on file in the office of the City Clerk.)
Mr. McDaniel stated that the alignment of the Riverside Freeway
(No. 91) would continue to serve the City of Anaheim as it does now as a free-
way route and in addition would continue to separate the Cities of Fullerton
and Anaheim and the northeast industrial area from a residential area to the
south of the freeway.
The north-south corridor as shown on this network would not separate
any existing residential areas. It would separate the City of Orange from
Anaheim and would serve the major northeast industrial area, the southeast
industrial area and the commercial-recreational area as well.
The corridor shown on this network which would appear to be the least
beneficial for the City of Anaheim would be the Pacific Electric right-of-way
extending to 4th Street in Santa Aha. It would further appear that this route
would bisect the City of Garden Grove. The primary objection is that it would
not serve Disneyland which is one of the major attractions in the County
and attracts an estimated ten million people per year into the commercial-recre-
ational area.
Mr. McDaniel explained the modification proposed as follows:
That the Network No. T-2E be modified so as to realign the
Pacific Electric ROW corridor at approximately Katella Avenue by
(Alternative "A") utilizing the Southern Pacific ROW and Southern
California Edison easement and proceeding easterly to the Santa Ana
Freeway where the corridor would proceed southeasterly to its inter-
section with the original corridor in Santa Aha; or (Alternative "B")
utilizing existing Katella Avenue in a similar fashion.
Mr. McDaniel noted that the map prepared by the Planning Division
indicates deletion of' the original proposed segment of T-2E, however it might
be more appropriate to assign that route a different priority. He remarked
that the Planning Division felt that the modification might also better serve
some of the other communities affected by it.
Supervisor Clark stated that being from Anaheim, he was particularly
interested that the District be made aware of Anaheim's transportation needs
in these presentations. He remarked that the modification as explained by Mr.
McDaniel is one he would really like to see implemented, even though he was
not particularly in favor of Network No. T-2E, but noted that it could be
worked into one of the other plans.
Councilman Thom left the Council Chambers. (11:50 A.M.)
Mr. Davis stated that another recommendation which Mr. Murdoch
wished to present for Council consideration was that of a transportation cen-
ter in the Disneyland-recreational area which could serve not only the recre-
ational area and the Convention Center, but the southeast industrial section
as well.
Supervisor Clark responded that the intention of the District is to
establish major transportation centers accommodating all modes of transporta-
tion. He voiced the opinion that certainly one of these would have to be
located in Anaheim, and one at the County seat in Santa Ana.
73-1032
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26, 1973~ 11:00 A.M.
Councilman Dutton cited the fact that tourism is the third largest
industry in the State of California and that two and one-half billion dollars
worth of it is centered in Orange County, that tourism furnishes 15% of the
total payroll in the State of California by providing four hundred thousand
direct jobs and many others indirectly, many of which are jobs for semi and
unskilled people. He felt a transportation center is extremely important for
the commercial-recreational area ~f Anaheim and noted that 22% of the people
who come to Disneyland every year travel by air and this would generate an
estimated four and one-half million trips between Los Angeles International and
Disneyland per year.
Dr. Fielding commented that the types of statements and criticism
given today will be very helpful to the District in formulation of a transpor-
tation plan. He requested that these inputs be directed in written form to the
Orange County Transit District.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the City Council concurred with the recommendations and modification to Network
No. T-2E as presented by Mr. McDaniel, and further requested that the O.C.T.D.
give serious consideration to establishment of a transportation center in the
Disneyland complex area and directed that said comments be forwarded in letter
form to the O.C.T.D. by Development Services Department. MOTION CARRIED.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Stephenson seconded
the motion. MOTION CARRIED.
Adjourned: 12:00 PoM.
City Clerk
C~ty Hall, Anaheim, Califormia - CO.~CIL MINUTES - December 26, 1973, l:30..P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
ABSENT: COUNCILMEN: None
PRESENT: ASSISTANT CITY MANAGBR: Robert M. Davis
CITY ATTORNEY: Alan R. Watts
CITY CLERK: Dene M. Daoust
DEPUTY CITY CLERK: Aloha M. Fattens
CITY ENGINEER: James P. Maddox
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
INVOCATION: Reverend Floyd McLaughlin of the Bethel Baptist Church gave the
Invocation.
FLAG SALUTE: Councilman Calvin L. Pebley led the Assembly in the pledge of
Allegiance to the Flag.
MINUTES: Approval of the Minutes of the Anaheim City Council Regular Meeting held
December 18, 1973 and Adjourned Regular Meeting held December 18, 1973, was
deferred to the next regular meeting.
WAIVER OF READING.- ORDINANCES AND ~SOLUTIONS: Councilman Pebley 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 Councilmen unless, after reading of the
title, specific request is made by a Councilman for the reading of such ordinance
or resolution. Councilman Stephenson seconded the motion. MOTION UNANIMOUSLYCARRIED.
73-1033
.City Hall; Anaheim; California - COUNCIL MINUTES - December 26~ 1973! 1:30 P.M.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the
amount of $3,127,772.19, in accordance with the 1973-74 Budget, were approved.
AMUSEMENT DEVICES PERMITS: The following applications for amusement devices per-
mits were submitted and granted, subject to provisions of Chapter 3.24 of
the Anaheim Municipal Code, as recommended by the Chief of Police, on motion
by Councilman Pebley, seconded by Councilman Stephenson~
1. Application filed by Charles A. Berthiaume, A.R.A. Services,
Inc., (dba Rockwell Music Company) for permit to allow coin-operated phono-
graph in the "Ship's Lounge", Holiday Inn, 1850 South Harbor Boulevard.
2. Application filed by Charles A.Berthiaume, A.R.A. Services, Inc.,
(dba Rockwell Music Company) for permit to allow four pinball and one paddle
battle machines at Pitcher House (now known as Billy Jack), 2880 East Miraloma
Avenue.
3. Application filed by Charles A. Berthiaume, A.R.A. Services,
Inc., (dba Rockwell Music Company) for permit to allow two pinball machines
at the Tiki Room, 910 North Anaheim Boulevard.
MOTION CARRIED.
PUBLIC DANCE PERMIT - WITHDRAWN: Application filed by Rhobie E. Grogan, for per-
mit to conduct public dance on December 31, 1973, from 7:00 p.m. to 2:00 a.m.
at the Ground Round, 1301 West Lincoln Avenue, was withdrawn by said appli-
cant and consequently refund of the $25 filing fee was authorized by general
Council consent.
REQUEST - EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 1111: Action on the re-
quest for a one-year e~tension of time submitted by Nelda S. Quarre, Hartmann
Corporation, to establish a 50-unit motel on the south side of Katella Avenue,
east of State College Boulevard, was withheld, pending submission of an envir-
onmental impact report or application for Exemption Declaration Status from
said requirement, on motion by Councilman Sneegas, seconded by Councilman
Stephenson. MOTION CARRIED.
REQUEST - RECLASSIFICATION NO. 65-66-59~ CONDITIONAL USE PERMIT NO. 1428: Request
submitted by Ann T. Madison, Madison Real Estate, Inc., to continue to permit
access to Harbor Boulevard from property located on the east side of Harbor,
south of Water Street, was submitted and on motion by Councilman Pebley,
seconded by Councilman Thom~ the City Council granted temporary access to
Harbor Boulevard, for a period of three years, unless redevelopment occurs
sooner, subject to renewal. MOTION CARRIED.
RATE INCREASE - YELLOW CAB COMPANY: On motion by Councilman Thom, seconded by
Councilman Sneegas, th'e City Council set the request submitted by Edward A.
Slagle, Yellow Cab Company, regarding rate increases for taxi cabs operating
in the City of Anaheim, for public hearing on January 22, 1974, 1:30 P.M.
MOTION CARRIED.
ORANGE COUNTY USE PERMIT NQ. 1501: Zoning Supervisor Roberts reported that the
Orange County Planning-Commission on December 27, 1973, will consider a re-
quest to permit the temporary unenclosed storage of building materials and
temporary storage of recreational vehicles, with a waiver of the required
highway dedication and improvements in connection therewith, on property
located on the south side of La Palma Avenue, west of Lakeview Avenue. The
notice from the Orange County Planning Department indicates that the petitioner
proposes to store building materials on the front half of subject property and
he proposes to utilize the rear half of the property for the storage of recrea-
tional vehicles. The plans further indicate that the site will be surrounded
by chain link fence and that there is no proposal to screen the storage areas
from view either from La Palma Avenue or from adjoining properties.
Mr. Roberts stated that steps have been taken, contingent upon annex-
ation of subject property to the City of Anaheim, to prezone it and other
County parcels to the. City of Anaheim M-1 Zone pursuant to Reclassification
No. 70-71-47, in order to expedite zoning when annexation occurs. In addition,
73-1034
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26~ 197~ 1:30 P.M.
a resolution of intent for the Scenic Corridor Overlay Zone, pursuant to
Reclassification No. 70-71-63, has already been adopted and subject property
lies within the limits of said Scenic Corridor.
Mr. Roberts advised that the Planning Commission considered the matter
of clarification of permitted uses in the M-1 (Scenic Corridor} Zone in connec-
tion with this request and recommended .that the City Council urge the County
Zoning Administrator to deny the request on the basis that the proposed use
would be incompatible as well as being prohibited according to the Scenic Cor-
ridor Zone regulations. Mr. Roberts further indicated that a verbal request
was made by Oranco Properties, Inc., that the City of Anaheim protest the use
requested.
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
City Council urged that the County Planning Commission deny Use Permit No. 1501,
with the provision however that if the County does approve the use, that the
property be made to conform to the site development standards for the City of
Anaheim industrial zone. MOTION CARRIED.
RESOLUTION NO. 73R-609 - AWARD OF WORK ORDER NO. 709-A: In accordance with recom-
mendations of the City Engineer,Councilman Sneegas offered Resolution No.
73R-609 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 WEST STREET STREET IMPROVEMENT FROM MANCHESTER AVENUE
TO HAMPSHIRE AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 709-A.
(Jim's Blade Service - $19,547.68)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-609 duly passed and adopted.
RESOLUTION NO. 73R-610 - AWARD OF WORK ORDER NO. 1250: In accordance with recom-
mendations of the City Engineer, Councilman Stephenson offered Resolution No.
73R-610 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 SANTA ANA CANYON ROAD AND PEP, ALTA HILLS DRIVE SEWER
IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1250. (A. S. Peich -
$66,953.80)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-610 duly passed and adopted.
RESOLUTION NO. 73R-611 - WORK ORDER NO. 1249: Councilman Sneegas offered Resolution
No. 73R-611 for adoption.
73-1035
City Hall~ Anaheim, California - COUNCIL MINUTES - December 26~ 1973~ 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON-
STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE
BROOKHURST STREET SEWER IMPROVEMENT FROM APPROXIMATELY 1094 FEET
NORTH OF TO 223 FEET NORTH OF LINCOLN, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 1249. 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 - January 17, 1974, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-611 duly passed and adopted.
RESOLUTION NO. 73R-612 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution
No. 73R-612 for adopt{on.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (John H. & Valeria S. Scudder;
Robert M. & Diana Leaverton; Sterling Business Complex, & E.B. Three;
Tri-Freeway Business Complex, Ltd.; Ledger T. & Gladys K. Smith;'James A.
& Erana Olson; Joseph & Bette J. Davidson; Joseph D. & Dorothy C. Huarte)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-61~ duly passed and adopted.
PROPOSED ABANDONMENTS; RESOLUTION NOS. 73R~613 AND 73R-614: Councilman Stephenson
offered Resolution Nos. 73R-613 and 73R-614 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-613: 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. (73-3A, January 22, 1974, 1:30 P.M.;
several utility easements located north of Cerritos Avenue, west of
Knott Avenue, lying within a portion of.proposed Tract No. 8204.)
RESOLUTION NO. 73R-614: 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. (73-4A, January 22, 1974, 1:30 P.M.;
public utility easement located at approximately the southeast, corner
of Anaheim Boulevard and Lorraine Drive.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution Nos. 73R-613 and 73R-614 duly passed
and adopted.
73-1036
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26, 1973, 1:30 P.M.
RESOLUTION NO. 73R-615 - COMPROMISE SETTLEMENT - HUARTE PROPERTY: On report and
recommendation of the City Attorney, Councilman Pebley offered Resolution No.
73R-615 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
COMPROMISE OF CERTAIN E]4INENT DOMAIN LITIGATION. (Huarte Inverse Con-
demnation) (Huarte property - Rio Vista Park site)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCII2/EN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and I)utton
None
None
The Mayor declared Resolution No. 73R-615 duly passed and adopted.
PURCHASE OF EQUIPMENT - WIDE TRACK TRENCHER WITH TRAILER: The Assistant City Manager
reported ~n informal bids received for the purchase of one wide track trencher
with trailer for the Parks and Recreation Department, as follows and recom-
mended acceptance of the low bid:
VENDOR TOTAL AMOUNT; INCLUDING TAX
Case Power & Equipment, Industry .......... $6,156.15
West Point Industries, Long Beach 7,665.00
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
low bid of Case Power & Equipment was accepted and purchase authorized in the
amount of $6,156.15, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - PULLER TENSIONER: The Assistant City Manager reported on
informal bids received for the purchase of one puller-tensioner for the Electri-
cal Division, as follows and recommended acceptance of the low bid:
VENDOR TOTAL AMOUNT; INCLUDING TAX
Hogg & Davis, Long Beach .............. $15,199.80
Pengo Hydra-Pull, Fort Worth, Texas - - - 29,506.25
On motion by Councilman Pebley, secOnded by Councilman Stephenson,
the low bid of Hogg & Davis was accepted and purchase authorized in the amount
of $15,199.80, including tax. MOTION CARRIED.
REPOWERING - 1963 SEAGRAVE AERIAL LADDER TRUCK: Assistant City Manager Robert Davis
presented the recommendation received from Fire Chief Riley regarding repowering
of the antiquated 1963 Seagrave engine. He reported that two post 1960 units
have undergone power transplants with good results and it is redommended that
the 1963 truck be similarly repowered with diesel engines inasmuch as the Mech-
anical Maintenance Division has diagnosed major damage and/or wear to the
cylinder block assemblies. The Seagrave power plant is a design carryover from
the original V-12 engine, which is no longer manufactured and therefore, the
availability of parts is very limited and costly. Mr. Davis advised that the
estimated cost for repowering of the unit is $16,000 which Chief Riley has re-
quested be approved from Council Conti~ency Funds.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the City Council authorized the mall for bids £or repowering the 1963 Seagrave
aerial truck. MOTION CARRIED. ~
CAPITAL OUTLAY - PUMPER AND TRUCK EQUIPMENT: Assistant City Manager Robert Davis
reported on the request received from Fire Chief Riley that $17,700 be approved
for transfer from Council Contingency Fund for purpose of equipping Mo 1,000
GPM pumpers and one 100-foot tractor-drawn aerial ladder on which the major por-
tion of funding was provided in the Revenue Sharing Budget and the remainder
from Council Contingency Fund.
73'1037
City HallI AnaheimI California - COUNCIL MINUTES - December 26) 19731 1:30 P.M.
Mr. Davis noted that at the time bids were received for these
vehicles, a rather substantial equipment inventory was purposely deleted from
the original specifications since it was felt that a better bid price would
result. It would now be appropriate to receive bids on these items so that
delivery of same could coincide with the expected delivery of the vehicles
in the summer of 1974.
On motion by Councilman Stephenson, seconded by Councilman Sneegas,
the City Council authorized the transfer of $17,700 from the Council Contin-
gency Fund for the purpose of equipping the two 1,000 GPM pumpers and one
lO0-foot tractor-drawn aerial ladder truck as recommended by the Fire Chief.
MOTION CARRIED.
RESOLUTION NO. 73R-616 - EASEMENT AGRRRMENT - LOS ANGELES AND SALT LAKE RAILROAD
cOMpANY AND UNION pACIFIC RAILROAD cO~ANY: councilman stePhenson Offered Resolu-
tion No. 73R-616 fOr adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT WITH LOS ANGELES & SALT LAKE
RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COMPANY.
(Alley improvement project)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-616 duly passed and adopted.
RESOLUTION NO. 73R-617 - INTERIM REIMBURSEMENT A~REEMENT - DRAINAGE FACILITIES:
Councilman Stephenson offered Resolution No. 73R-617 for adOption'
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN INTERIM REIM-
BURSEMENT AGREEMENT RELATING TO CONSTRUCTION OF DRAINAGE FACILITIES.
(Influential Homes Company)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-617 duly passed and adopted.
RESOLUTION NO. 73R-618 - EASEMENT DEEDI SOUT.NE. RN CALIFORNIA EDISON COMP.A~Y, (LEWIS
SUBSTATION): Councilman Pebley offered ResolUtion No. 73R'618 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAMEIM'AUTHORIZINC THE
MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED IN FAVOR OF SOUTHERN
CALIFORNIA EDISON COMPAWf (SOUTHWEST CORNER OF CE~RITOS AND LEWIS STREETS).
Roll Call Vote:
AYES: COUNCILHEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-618 duly passed and adopted.
73-1038
City Hall~ Anaheimr California - COUNCIL MINUTES - December 26~ 1973~ 1~30 P.M.
CORRESPONDENCE: The following correspondence was ordered received and filed, on motion
by Councilman Stephenson, seconded by Councilman Pebley..
a. City of Buena Park - ReSolution No. 5140 - Requesting the directors
and officers of the League of California Cities to refrain from taking a posi-
tion on ballot measures of statewide interest prior to a vote of all member
cities.
b. Financial and Operating Reports for the Months of October and
November, 1973:
Engineering Division
City Treasurer
Fire Department
c. City of Laguna Beach - Resolution No. 73.149 - Urging the Orange
County Board of Supervisors to Maintain a Comprehensive Coordinated and Effec-
tive County Planning Department.
d. City of Roseville - Resolution No. 73-119 - Requesting immediate
legislative action to regulate the oil industry and to fund, research and
development of alternative fuels.
City of Roseville - from Councilman Owen R. Waltrip, Jr. - Corres-
pondence regarding necessity for immediate governmental action to alleviate oil
shortages.
e. Before the Public Utilities Co~nission - Application of Mark IV
Charter Lines, Inc. for authority to extend Application No. 53933, Decision No.
81892, passenger stage service between points in Southern California and Man~noth
Mountain; and for authority to increase fare for same.
MOTION CARRIED.
ORDINANCE NO. 3228: Councilman Stephenson offered Ordinance No. 3228 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (73-74-15 - R-A)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3228 duly passed and adopted.
ORDINANCE NO. 3239: Councilman Stephenson offered Ordinance No. 3239 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY
OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED AS EAST LA PALMA NO.
2 ANNEXATION.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3239 duly passed and adopted.
ORDINANCE NO. 3241: Councilman Dutton offered Ordinance No. 3241 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANC~ NO. 3105, NUNC PRO
TUNC, RELATING TO ZONING. (69-70-43 (2) )
'~7 3-~ 1039
City Hall~ Anaheim~ Califor~ia - COUNCIL MINUTES - December 26t 1973t 1:30 P.M.
Roll Call Vote:
AYES
NOES
ABSENT
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILMEN: None
COUNCILMEN: None
The Mayor declared Ordinance No. 3241 duly passed and adopted.
ORDINANCE NO. 3242: Councilman Pebley offered Ordinance No. 3242 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 15, CHAPTER 15.04,
SECTION 15.04.010 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE
BUILDING CODE. (Building Code, Adoption of Code)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3242 duly passed and adopted.
OBDINANCE NO. 3243: Councilman Sneegas offered Ordinance No. 3243 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (73-74-18 - R-3)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3243 duly passed and adopted.
ORDINANCE NO. 3244: Councilman Pebley offered Ordinance No. 3244 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (73-74-21 - R-A)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Peble~, Thom and I)utton
None
None
The Mayor declared Ordinance No. 3244 duly passed and adopted.
ORDINANCE NO. 3245: Councilman I)utton offered Ordinance No. 3245 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TOZONING. (68-69-37 (9) - M-l)
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3245 duly passed and adopted.
73-1040
City Hall~ Anaheim} California - COUNCIL MINUTES - December 26} 1973~ 1:30 P.M.
ORDINANCE NO. 3246: Councilman Dutton offered Ordinance No. 3246 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-53 - R-S-5000)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom:.and Dutton
None
None
The Mayor declared Ordinance No. 3246 duly passed and adopted.
ORDINANCE NO. 3247: Councilman Stephenson offered Ordinance No. 3247 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (70-71-46 (4) R-A)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3247 duly passed and adopted.
ORDINANCE NO. 3240: Councilman Pebley offered Ordinance No. 3240 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING CHAPTER 18.86 THERETO, RELATING TO ZONING.
(PR - Public Recreational Zoning; description and purpose; primary
uses; accessory uses; site development standards)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3240 duly passed and adopted.
ORDINANCE NO. 3248: Councilman Pebley offered Ordinance No. 3248 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, OF
THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 14.32.151 RELATING TO THREE-
HOUR PARKING AND ADDING PARAGRAPH 90 TO SECTION 14.32.190 RELATING TO NO
PARKING AT ANY TIME. (Three-hour parking - Clementtne Street, both sides,
from Cypress Street to Chartres Street; No Parking Anytime - Katella Way,
both sides, from Manchester Avenue to Katella Avenue)
ALCOHOLIC BEVERAGE LICENSE APPLICATION: The following applications for AlcohOlic
Beverage Licenses were conditionally .protested on the basis of zoning, 0nm°Ci0n
by Councilman Dutton~ seconded by Councilman Sneegas:
1. Application filed by Donald Frederick Karcher for on-sale beer a~d
wine for premises located at 1168 West Katella Avenue.
2. Application filed by Tony Salem Shubash for on-sale general for
premises located at 256 South Euclid Street.
MOTION CARRIED.
CONDITIONAL PROTEST - 301 SOUTH EUCLID: City Attorney Alan Watts reported tha't the
cOnditional protest authorized bY Council at the meeting held December. 18, 1973
against the application for off-sale beer and wine license at Westco Stations, Inc.,
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26~ 1973~ 1:30 P.M.
301 South Euclid, (a gasoline service station) is not a valid protest due to
the fact that the subject service station property is zoned C-1 and Section.
18.08.330 relating to automobile service stations states that "other uses,
if permitted in the zone where the automobile service station is located may
be conducted in conjunction with the automobile service station, unless other-
wise prohibited and subject to limitations of said zone."
Therefore Mr. Watts reported that for the protest to be valid, it
would be necessary to amend said ordinance to strike the language which allows
other uses in conjunction with an automobile service station if said uses are
permitted in the zone. Me reported that an ordinance which accomplishes the
omission of this language has been prepared for Council consideration and
recommended same be adopted as an Urgency Ordinance.
Councilman Pebley inquired whether the adoption of said ordinance
would detrimentally affect the possibility of a service station phasing it-
self out of the gasoline business and into the retail sale of beer and wine,
to which Mr. Watts replied that the proposed ordinance would prohibit the
combination use only and would not affect the possibilities of conversion to
other uses permitted in the zone.
ORDINANCE NO. 3249 - AMENDING SECTION 18.08.330 - AUTOMOBILE SERVICE STATIONS:
Councilman Pebley offered Ordinance No. 3249 as an Urgency Ordinance for
adoption. Said ordinance was read in full by the City Clerk.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.08,
SECTION 18.08.330 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Automobile Service Stations)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3249 duly passed and adopted.
TENTATIVE MAP; TRACT NO. 8470 AND ENVIRONMENTAL IMPACT REPORT NO. 103: Continued
to this date from the November 6 and November 13, 1973 meetings to be consid-
ered in conjunction with the Master Plan of Drainage. Tract located on the
north side of Crescent Drive, east of Peralta Hills Drive; containing 8 pro-
posed R-E zoned lots.
The City Clerk reported that communication was received this date
from Mr. Queyrel of Anacal Engineerihg Company requesting further postponement
of said tract to the first Council meeting following the public hearing on
Master Plan of Drainage, which is scheduled for January'IS, 1974.
On motion by Councilman Sneegas, seconded by Councilman Dutton,
action on Tentative Map, Tract No. 8470 and E.I.R. No. 103 was continued to
January 22, 1974. MOTION CARRIED.
Councilman Pebley left the Council Chambers. (2:15
RESOLUTION NO. 73R-619 - TUSTIN-MIRALOMANO. 3 ANNEXATION: Pursuant to authority
granted by the Local Agency Formation Commi~slon No. 73-1§9, Councilman
Stephenson offered Resolution No. 73R-619 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF ANAHEIM APPROVIN~ THE
ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND I~SIGNATED
TUSTIN-MIRALOMA NO. 3 ANNEXATION.
Roll Call Vote:
73-1042
City Hall, Anaheim~ California - COUNCIL MINUTES - December 26, 1973~ 1:30 P.M.
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and Dutton
None
Pebley
The Mayor declared Resolution No. 73R-619 duly passed and adopted.
CODE OF ETHICS - DISCLOSURE OF CONFIDENTIAL INFORMATION: Mayor Dutton read Section
1.01.400 (g) (3) of the Anaheim Municipal Code wherein no public official or
employee shall willfully and knowingly disclose for "pecuniary gain" confiden-
tial information. He thereupon requested the words "for pecuniary gain" be
stricken from this section.
Mayor Dutton advised that this request is made as a result of confi-
dential information at Executive Sessions being disclosed by Councilman Thom
to a point where Executive Sessions can no longer be effective. He stated it
was one thing to promote his own (Thom) political career but when it comes to
the point of subjecting the City to possible multi-million dollar litigation
by this unethical conduct, it was time to remove the words "for pecuniary gain"
and make this act a misdemeanor for anyone to divulge confidential information.
Councilman Thom stated in fairness to everyone present that Councilman
Dutton should be more specific as to what was actually divulged by him that was
not in the public interest.
Councilman Dutton replied that the most recent was an auditor's report
Of an activity under investigation for alleged misconduct. Another involved
the Police Department, each of which has a potential of multi-million dollar
claims against the City.
Councilman Thom,with reference to the audit report,confessed he sup-
plied a copy of the audit to the Anaheim Bulletin and reminded the Council that
he was the one that had requested the report.
Councilman Thom made reference to documents previously furnished the
Council by Mayor Dutton, i.e., copies of the City of Anaheim Code of Ethics and
Costa Mesa City Council procedures. Councilman Thom then referred to his own
attempts at amending the Code of Ethics and advised that as regards Councilman
Dutton's proposal, he (Councilman Thom) really had no argument with removing
the words "for pecuniary gain". However, in reference to the Costa Mesa City
Council procedures, whereby the presiding officer may bar people from addressing
the Council, this is in his opinion an attempt to use the legislative process
to prevent the dissemination of information (which information is in the public
interest) to the news media. The motive for this restrictive procedure, accord-
ing to Councilman Thom, is because such information may prove embarrassing to
some of the elected officials and/or the agency itself.
Councilman Thom voiced his opinion that the public has a right to
know the manner in which their interests in municipally-related enterprise en-
deavors are being administered, particularly when malfeasant or.neglectful in
nature. He made specific reference to the administration of a contract with the
concessionaire at the Anaheim Municipal Golf Co~rse.
As to the Costa Mesa Council procedures, Councilman Thom stated Chis
was an attempt to legislate what a person can say in a public forum and in fact
determine if they shall be allowed to say anything at all, which to him was a
tactic of totalitarianism and a type of thing that happens in communistic coun-
tries. He advised that our Country, under freedom of speech and freedom of the
press allows a means to protect unjust actions and this is a right that must
be preserved. Further, if this is the only method an elected official can tom- .
municate with constituents it must be done even if embarrassing to the other
officials or to the administration.
Councilman Thom fur.ther stated he had never given any information of
any type to anybody for pecuniary gain or any other gain but only because he
knew it was in the public interest, which he would continue to do. Hefor one
would not vote for such an amendment.
Councilman Dutton advised that no one was accusing Councilman Thom of
divulging information for pecuniary gain but that he has divulged information
for other reasons and when it has been in the very beginning of an investigation
it was time something be done, and the change in the Code of Ethics should be
made to make such an action a misdemeanor.
73-1043
City Hall, A. naheim, California - COUNCIL MINUTES - December 26, 1973, 1:30 P.M.
Councilman Thom again asked Councilman Dutton to be specific as to
these charges.
Councilman Dutton thereupon requested an ordinance be drafted to
strike the words "for pecuniary gain" thereby making it a misdemeanor for any-
one to divulge confidential information.
Councilman Sneegas stated that in Executive Session, there should be
no conflict of ideals or political viewpoints as one must be free to express
himself. He expressed his concern when discussions are made public at time
contrary to the public's best interest. He further advised of his hesitancy
to make rules restricting freedom but would support the proposed amendment if
such a restriction is necessary in order to discuss City business, as something
has to be done to protect the statements and conversations until such time as
they will not result in a lawsuit by being told. Specifically the audit; he
advised that at the time it was discussed in Executive Session, it appeared
it could have been settled and terminated. Release of that information resul-
ted in no one's gain and if anyone lost, it was the people of Anaheim.
As to the audit itself, Councilman Sneegas stated he was pleased
that an audit was made and that they discovered what washappening. He was
only disappointed that an action was taken that prevented its termination and
placed the City in its present position.
Councilman Sneegas felt the entire problem was one of morality and
the question of people accepting their task for a common goal. He further
noted that statements made in Executive Session to emphasize a point have been
published as facts and this has placed him in a position of not ma~ing any
statements at all in Executive Session, which he considers wrong as that is
the one time the Council should be able to freely discuss the issue at hand,
each adding his input with unification of effort.
Councilman Stephenson also disliked the requirement of additional
restrictions but noted it was mandatory and necessary to have Executive Ses-
sions to conduct the City's business in the best interest of the citizens and
agreed with the statements and sentiments of Councilman Sneegas. He agreed
the public has a right to know everything, but at the right time. He further
felt everyone should have sufficient honor to keep confidential the matters
discussed in Executive Session.
Councilman Thom stated he has never violated the City's Code of
Ethics and reminded everyone present that he had endeavored to have the Code
amended to be more restrictive particularly in light of the alleged recent
land scandals.
In his opinion, Executive Sessions under the Brown Act related to
personnel, bringing charges against personnel and litigation and along these
lines he had never divulged anything to anyone. He stated that what he has
advised the press was information the public has and must have a right to
know. That it was particularly germane as to how the Cfty was being run and
more germane to financial responsibility.
As to the Anaheim Golf Course contract, Councilman Thom was of the
opinion it was an issue that should nbt have been discussed at an Executive
Session as it was public business.
COUNCIL AGENDAS - REPORTS AND RECOMMENDATIONS: Mayor Dutton advised that since
Councilman Thom's membership on the City Council, unscheduled issues and peo-
ple have appeared under his portions of the "Reports and Reeo~mendatlons" item
on the Agenda for the purpose of harassing and slandering the City CoUncil and
as a corrective measure to stop this sort of bickering, recou~mnded a Council
policy whereby only those listed under "Reports and Recommendations"may address
the Council without the consent of a majority vote of the Council. Recognizing
no one should be prohibited from addressing the Council, under this item, a
majority vote would be required or th~ person or issue be scheduled by the
approved and adopted procedure.
Specific reference was made to invitations by Councilman Thom to Mr.
Ehrle and Mr. Seymour in recent appearances before the Council.
73-1044
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1973, 1:30 P.M,
Councilman Dutton asked if anyone objected to the drafting of such
a policy, to which Councilman ThOm answered in the affirmative.
Councilman Sneegas felt such a policy would establish order to the
meeting and still would not prevent anyone from addressing the City Council.
In his opinion, a Council meeting was not the proper place for a political
campaign.
It was agreed such a policy be drafted for further consideration.
CODE OF ETHICS - JOHN SEYMOUR - PLANNING COMMISSIONER: Mayor Dutton referred to and
read the section under the Code of Ethics relating to conflict of interest and
disclosure of interest and disqualification.
He advised of tapes made of a meeting held October 29, 1973, in the
hill and canyon area where Mr. Seymour, the speaker, neglected to advise his
audience that he is selling homes in the hill and canyon area. Councilman
Dutton advised that to his knowledge and search of records, Mr. Seymour has never
revealed such fact which he is obliged to do by the Ethical Code. Further, accor-
ding to his knowledge, Councilman Dutton advised that Mr. Seymour was broker of
record on two subdivision developments in the hill and canyon area, however when
asked October 29, 1973, what his activity was in the hill and canyon area, Mr.
Seymour had advised "none". On pressing the issue, particularly the Woodcrest
Development, Mr. Seymour advised he loaned his real estate license to Mr. James
Rogers (developer).
Councilman Dutton further related that at a later date when Mr. Rogers
appeared before the City Council, he reported sales were good and being made
"in-house" under Seymour Realty.
Councilman Dutton thereupon requested Mr. Seymour to appear before the
City Council next week to show cause why he should not be dismissed from the
City Planning Commission as is required by the Ethical Code.
AGREEMENTS - ~EST ASSOCIATES: Mr. Watts reported that WEST Associates (Wes-
tern Energy Supply and Transmission Associates) which is a combination of most
of the utilities im the Southwestern United States is an unincorporated New
Mexico Association which primarily engages in research and development in con-
nection with the electrical energy field. As an incorporated association, the
officers of same are not able to enter contracts with other firms unless those
officers become personally liable on the contract. In order to irmnunize the
officers of WEST Associates,from personal liability, the Association has
agreed to a change in its articles which would authorize said officers to bond
the Association in certain prescribed actions. Further it is necessary for mem-
bers to approve a specific research project which has already been conducted and
will be funded out of dues paidWEST Associates without any increase in same.
Mr. Watts reported that in order to implement this procedural change,
two resolutions are required and recommended that the City Counc'il adopt same.
RESOLUTION NO, 73R-620 - AGRE~4ENTWITH~$~ ASSOCIATES REGARDING RESEARCH.
AND DEVEIDPMENTPROGRAMS - AM~I~DING CERTAIN ARTICLES OF THE ASSOCIATION; On
report and reco~nendation of the City Attorney, Councilman Sneegas offered Resol-
ution No. 73R-620 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAWR'IM.APPROVING TI~ TERMS
AND CONDITIONS OF AN AGI~/~T BgTWEEN II~ CITY OF ANAI~IM AND Tt~ MMMBERS
OF WEST ASSOCIATES RELAT. ING TO RESEARCH AND DEVELOPMENT PROGRAMS OF WEST
ASSOCIAT~S, ANB AUTHORIZING TME UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENT
ON BEHALF OF TME CITY OF ANAHEIM.
Roll Call Vote:
AYE S: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and Dutton
None
Peb ley
The Mayor declared Resolution No. 73R-620 duly passed and adopted.
73-1045
Gity Hail, Anaheim, California - COUNCIL MINUTES - December 26, 1973, 1:30
RESOLUTION NO, 73R-621 - AGREEMA~N__~T WITH WEST ASSOCIATES - AUTMORIZING A
SPECIFIC RESEARCH PROGRAM: Councilman Sneegas offered Resolution No. 73R-621
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING T~E
TERMS AND CONDITIONS OF AN AGREEMENT PERTAINING TO RESEARCH OF SUPPRES-
SION OF THERMAL AND FUEL NITRIC OXIDE PRODUCTION BETWEEN THE CITY OF
ANAHEIM, AS A MEMBER OF WEST ASSOCIATES, AND PACIFIC POWER LIGHT COMPANY,
AND AUTHORIZING THE UTILITIES DIRECTOR OF THE CITY OF ANAHEIM TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Thom and Dutton
None
Pebley
The Mayor declared Resolution No. 73R-621 duly passed and adopted.
ANNOUNCEMENT - RESIGNATION - JOHN DAWSON, ASSISTANT CITY ATTORNEY: Mr. Alan Watts
reported thatAssistant'CityAttorney John Dawson has submitted his resignation,
effective December 31, 1973, Mr. Watts remarked that the City Attorney's
Office has long valued Mr. Dawson's many years of experience and wishes him
success in his future endeavors.
ANNOUNCEMENT - LEAGUE OF CALIFORNIA CITIES ~%)RKSHOP: Assistant City Manager Davis
announced that the League of California Cities will conduct a workshop seminar
on the proposed E.P.A. Rules and Regulations on Monday, January 7, 1974 at the
Community Room of the Orange Public Library, 101 North Center Street, from
9:00 a.m. to 12:00 noon.
Councilman Dutton remarked that he planned to attend the workshop
and Councilman Sneegas agreed to act as alternate and attend only if Councilman
Dutton is unable.
RECESS - E~ECUTIVE SESSION: Councilman Stephenson moved to recess to Executive
Session, as requested by the City Attorney. Councilman Sneegas seconded the
motion. MOTION CARRIED. (3:04 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being pre-
sent with the exception of Councilman Pebley. (3:24 P.M.)
ADJOURNMENT: Councilman Ste.phensonmoved to adjourn. Councilman Sneegas seconded
the motion. MOTION CARRIED.
Adjourned: 3:25 P.M.
Signed ~ '\z-~-~ ,, /?? ~ '~""~'~~'
City Clerk