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1978/01/31 78-128 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL M~4BERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CITY ENGINEER: James P. Maddox TRAFFIC ENGINEER: Paul Singer EXECUTIVE DIRECTOR: Norman J. Priest ASSISTANT PLANNER: Coulter Hooker ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend George Brown of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: COMMENDATIONs: Resolution of Commendation and Big "A" Scoreboard Frames were presented by the Mayor to M. James Sturdy of Airport Service, Inc., and 13 Anaheim Police officers in recognition of their respective roles in the success- ful apprehension of the individuals responsible for kidnapping and robbery of passengers in an airport bus. MINUTES: On motion by Councilman Kott, seconded by Councilwoman Kaywood, minutes of the Anaheim City Council regular meeting held January 10, 1978, were approved subject to corrections. MOTION CARRIED. MOTION: Councilwoman Kaywood moved that page 78-9 of the minutes of January 3, 1978 be amended to add that Councilwoman Kaywood questioned Mayor Thom's figures of $100 to $150 tax cuts since most homeowners do not pay that much in taxes to the City of Anaheim. Councilman Seymour seconded the motion. Roll call vote on the foregoing motion was requested by Mayor Thom and said motion failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kaywood and Seymour NOES: COUNCIL MEMBERS: Kott and Thom ABSTAINED: COUNCIL MEMBERS: Roth ABSENT: COUNCIL MEMBERS: None In response to Councilwoman Kaywood's concern and request that the Mayor permit her to speak without interruption, Mr. Hopkins advised that the Mayor, as the pre- siding officer, could make a ruling as to whether or not a discussion should pro- ceed, however, Councilwoman Kaywood could also request a Council vote as to continuing the discussion and in that case the decision would be made by a majority vote of the Council. 78-129 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978, 1:30 P.M. 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 of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $620,651.58, in accordance with the 1977-78 Budget, were approved. 105/140/161: REQUEST ADDITIONAL PARKING FOR CENTRAL LIBRARY AND HARBOR CENTER: Letter from Elizabeth J. Schultz, Chairman of the Library Board, requesting Council consideration of leasing additional property located on Broadway, east of Harbor Boulevard (immediately east of the United California Bank) to provide a temporary parking lot in conjunction with the Harbor Center was submitted. (This item was continued from the meeting of January 24, 1978.) Mr. Irving Pickler, a member of the Library Board, advised the Council that the Board has been concerned about the lack of parking facilities at the Central Library. It is felt that the introduction into that immediate area of the Harbor Center will further compound the existing parking problems experienced by the Central Library. For this reason, the Board is requesting Council consider leasing of a vacant lot on the east side of Broadway adjacent to the United California Bank which could be blacktopped and used for additional parking facilities by perhaps the Police and Library employees. Councilman Roth stated that he has gone on record as being opposed to the Harbor Center Project in general inasmuch as he feels that the City is not getting a sufficient return for the one-half million dollar investment involved. This proposal would add an additional cost to that expenditure. Mr. Pickler reiterated that with the Police Department and Library using the existing facilities for employees parking and with the added impact of employee and patron parking for the mini-mall (Harbor Center) this leaves very little space for the public to use when going to either the Police Department or Central Library and the Library Board feels this additional parking might provide the solution. In response to Councilman Kott's question as to whether or not the redevelopment effort would require purchase of the property adjacent to the United California Bank in any case, Mr. Priest stated that while they do not have any immediate plans for purchase of same, it is part of the larger parcel on Commercial Block A of the Redevelopment Project. He noted that there is an additional area planned for parking at the intersection of Harbor Boulevard and Oak Street. Mr. Pickler advised that the Board's recommendation was for parking on th~ property east of the United California Bank in addition to that which is planned at the intersection of Harbor Boulevard and Oak Street. He stressed that the merchants most likely will not allow their employees to utilize the parking spaces in the mini-mall lot and therefore these employees will also be adding to the congestion in the Library parking lot unless the City provides spaces elsewhere. Councilman Seymour stated his agreement with the Library Board's position, indicating that he has little doubt but that the Harbor Center would be impacted by parking of patrons of the Central Library as well. Further, he is not convinced that the parking area at Oak Street will provide the entire answer. 78-130 City_~all, Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. In further discussion, Councilwoman Kaywood suggested the possibility of the City leasing some of the available spaces in the Bank of America parking structure, if necessary. MOTION: Councilman Seymour moved that City staff be directed to investigate parking alternatives in order to provide additional parking facilities for the Harbor Center, Police Department and Central Library; said alternatives to include the vacant prop- erty immediately east of the United California Bank and the leasing of spaces in the Bank of America parking structure; these alternatives to be submitted for review to the Community Redevelopment Commission and then to City Council. MOTION CARRIED. 150: RENAMING OF CHARTRES RECREATION CENTER - ANAHEIM SENIOR CITIZENS CENTER: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the City Council authorized the renaming of Chartres Recreation Center to Anaheim Senior Citizens Center as recommended by the Parks, Recreation and Arts Director. MOTION CARRIED. 174: CETA TITLE III YOUTH EMPLOYMENT AND DEMONSTRATION PROJECTS: In accordance with the recommendation submitted by the Personnel Director, Councilman Thom offered Resolution Nos. 78R-68 through 78R-70, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY MANPOWER COMMISSION RELATING TO MANPOWER PROGRAMS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND MODIFICATIONS THERETO ON BEHALF OF THE CITY OF ANAHEIM. RESOLUTION NO. 78R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RELATING TO COMMUNITY BASED INDIVIDUALIZED INSTRUCTION IN BASIC EDUCATION STUDIES. RESOLUTION NO. 78R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL, INC., RELATING TO COMMUNITY BASED INDIVIDUALIZED INSTRUCTION, VOCATIONAL SKILLS TRAINING, AND WORK EXPERIENCE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-68 through 78R-70, both inclusive, duly passed and adopted. 174: ORANGE COUNTY ROBBERY SUPPRESSION AND APPREHENSION PROGRAM: Recommendation of the Chief of Police that the City participate in a Grant Award administered by the Office of Criminal Justice Planning for robbery suppression and apprehension, said grant to provide camera surveillance units, at a cost to the City in matching funds of $769.50, was presented. Councilman Seymour offered Resolution No. 78R-71 for adoption. Refer to Resolution Book. 78-131 C_ity Hall~ Anaheim~ California - COUNCIL MINUTES - January 31~ 1978, 1:30 P.M. RESOLUTION NO. 78R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING PARTICIPATION AND PROPORTIONATE-SHARE FUNDING BY SAID CITY IN THE ORANGE COUNTY ROBBERY SUPPRESSION AND APPREHENSION PROGRAM ADMINISTERED BY THE CITY OF HUNTINGTON BEACH, AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE THIS RESOLUTION ON BEHALF OF THE CITY OF ANAHEIM. (term of Grant January 1, 1978 to June 30, 1979) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-71 duly passed and adopted. 123: AGREEMENT WITH qUESTIONED DOCUMENTS EXAMINER - BARBARA L. TORRES: In accor- dance with the recommendation submitted by the Chief of Police, Councilman Kott offered Resolution No. 78R-72 for adoption, authorizing a second amendment to the agreement with Barbara L. Torres providing for extension of the term to January 31 1979. Refer to Resolution Book. ' RESOLUTION NO. 78R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDMENT TO AGREEMENT WITH BARBARA L. TORRES IN CONNECTION WITH HANDWRITING AND DOCUMENT EXAMINATION SERVICES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-72 duly passed and adopted. 152: AUTHORIZATION TO SIGN FOR ACQUISITION OF FEDERAL SURPLUS PROPERTY: Council- woman Kaywood offered Resolution No. 78R-73 for adoption, authorizing Frank J. Madden, Jr., Emergency Services Coordinator, and Richard W, Jefferis, Purchasing Agent, to sign for the acquisition of Federal surplus property and authorizing the City Manager to execute documents relating thereto as recommended by the Chief of Police Refer to Resolution Book. ' RESOLUTION NO. 78R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES OF THE CITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS RELATING THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-73 duly passed and adopted. 78-132 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978, 1:30 P.M. 123/161: AGREEMENTS FOR CONSULTING ENGINEERS TO PROVIDE SERVICES FOR THE LINCOLN AVENUE REALIGNMENT (PER COOPERATIVE AGREEMENT NOS. 3 AND 4 WITH THE ANAHEIM REDEVELOPMENT AGENCY): Joint recommendation from the Director of Public Works and Executive Director of the Community Development Department was submitted indicating that the proposed agreements have been prepared by the City Attorney, reviewed by their respective offices and are acceptable to them. The Director of Public Works submitted in addition, a statement disclosing the fact that Boyle Engineering Corporation will provide consulting services for the pump station, drainage work and survey in conjunction with the Moffatt and Nichol consulting contract, and to indicate that his brother, Mr. Don Piersall, is employed by Boyle Engineering. Mayor Thom offered Resolution Nos. 78R-74 through 78R-76, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH WILLDAN ASSOCIATES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 78R-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WI~t BERRYMAN & STEPHENSON, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 78R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH MOFFATT & NICHOL, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott and Roth ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 78R-74 through 78R-76, both inclusive, duly passed and adopted. Councilman Roth offered Resolution No. 78R-77 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH TAIT & ASSOCIATES, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 78R-77 duly passed and adopted. 78-133 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. 165: PETITION FOR INSTALLATION OF SIDEWALKS ALONG EAST STREET FROM BELMONT AVENUE TO LA PALMA AVENUE: Report and recommendation prepared by the City Engineer in response to a petition submitted by Mrs. Helen Janssens of the Del Este Mobile Estates on October 5, 1977, urging the City to install sidewalks along East Street to allow residents sidewalk access to La Palma Avenue and also to Romneya was submitted. The City Engineer recommends: (1) that the City Council authorize the City Engineer to construct a sidewalk on the east side of East Street, from Belmont Avenue to La Palma Avenue when funds become available (2) that the City Council authorize the Street Superintendent to proceed under the provisions of Chapter 27 of the 1911 Improvement Act to obtain the necessary right-of-way and improvements along East Street on the parcel at the southwest corner of Kenwood Avenue and East Street. Said report also lists five alternatives for Council discussion. Mr. Earl Williams, 1626 East Santa Ana Street, owner of the property at Kenwood and East Street, addressed the Council and explained that he lives currently in Ventura County and did acknowledge the City Engineer's letter; that he did meet with the City Engineer at the property and advised that he would be willing to dedicate the 15 foot right-of-way necessary if the City would construct the side- walk at no cost to him. He further questioned why the City Engineer is now recom- mending that the east side of the street, from Belmont to La Palma be improved at no cost to those property owners whereas he has not been offered a similar option on his property. Mr. Williams clarified that he is willing to dedicate the necessary right-of-way but does not at the present time have the money to pay for the sidewalks. Mr. Maddox reported that the reason the improvements on the east side of the street would be accomplished at no expense to those property owners is that these properties have been developed for some time and at the time they were developed there was no City requirement for sidewalk installation. The City already has the right-of-way for that location. On the west side of the street, however, there is no development and in that situation the City's policy is usually to wait until development occurs for sidewalk installation unless a traffic hazard exists. The property owner would be required to install sidewalks at the time the property is developed. A further question was raised by Councilman Kott regarding what funds the City would use to pay for these improvements and Mr. Maddox explained that they would include this as a recommended AHFP project for the 1978-79 fiscal year, but at the present time have no idea whether or not funds would be available for this particular project, and will not be able to render such opinion until approximately March 1, 1978. MOTION: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council determined that they would prefer to see the east side of East Street, for which the City already has the right-of-way, be improved only, leaving the sidewalks on the west side to be installed at the time of development, and that the final decision on this matter be deferred until the City Engineer has some definite infor- mation as to when the funds for said improvement will be available. MOTION CARRIED. 78-134 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. 123: AGREEMENT - COUNTY SANITATION DISTRICT NO. 3 MAINTENANCE OF KNOTT STREET SEWER LINES: (from Lincoln Avenue to Ball Road) Report of the City Engineer recommending adoption of the agreement was presented. In response to Councilman Kott's question, Councilman Roth explained that during construction of the inter- ceptor sewer on Knott Street it was necessary to remove and reconstruct certain of the City's sanitary sewers. Inspection following completion of the work indi- cated defects which were not acceptable to the City. The County Sanitation District, pursuant to this agreement, will accept responsibility for maintenance of these sewers. Councilwoman Kaywood offered Resolution No. 78R-78 for adoption. Refer to Resolu- tion Book. RESOLUTION NO. 78R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 3 OF ORANGE COUNTY, CALIFORNIA, IN CONNECTION WITH THE KNOTT INTERCEPTOR SEWER. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-78 duly passed and adopted. 123: AGREEMENT WITH WESTON PRINGLE & ASSOCIATES FOR TRAFFIC SIGNALIZATION PLANS: In accordance with the recommendations submitted by the City Engineer, Councilwoman Kaywood offered Resolution No. 78R-79 for adoption approving the agreement for pro- fessional services to provide plans and specifications for 12 intersections. Refer to Resolution Book. RESOLUTION NO. 78R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR ENGINEERING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (fee not to exceed $15,100) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-79 duly passed and adopted. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council authorized the expenditure of Traffic Signal Assessment Account funds (Revenue Account No. 10-3668-07-000) to cover the project costs. MOTION CARRIED, 150: CONSTRUCTION OF A BASEBALL-SOFTBALL DIAMOND - ROOSEVELT ELEMENTARY SCHOOL: Councilman Kott offered Resolution No. 78R-80 for adoption, authorizing the Parks, Recreation and Arts Department to construct a baseball-softball diamond on Roosevelt Elementary School property adjacent to Boysen Park at an estimated cost of $9,500. ($5,000 of this sum previously approved at the Council meeting of January 24, 1978 from Council Contingency Fund for supplies and materials). Refer to Resolution Book. 78-135 City Hal.l~ Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. RESOLUTION NO. 78R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING AND DETERMINING THAT CERTAIN WORK MAY BE PERFORMED BETTER OR MORE ECONOMICALLY BY THE CITY WITH ITS OWN EMPLOYEES, AND/OR THAT CERTAIN MATERIALS OR SUPPLIES MAY BE PURCHASED AT A LOWER PRICE IN THE OPEN MARKET, AND DETERMINING TO PERFORM SAID WORK AND/OR MAKE SAID PURCHASES WITHOUT COMPETITIVE BIDDING RELATING TO THE CONSTRUCTION OF A BASEBALL FIELD AT BOYSEN PARK/ROOSEVELT ELEMENTARY SCHOOL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-80 duly passed and adopted. 112: LITIGATION - CALIFORNIA COMPUTER INC.: On motion by Councilman Kott, seconded by Councilman Seymour, the City Council authorized the Orange County Counsel to defend the City of Anaheim in the action entitled California Computer Products Inc. versus the County of Orange and City of Anaheim, in which California Computer Products Inc. has filed for refund of certain taxes paid under protest, as recommended by the City Attorney. MOTION CARRIED. 115: AWARD OF CONTRACT - ANAHEIM CIVIC CENTER: It was noted that report dated January 25, 1978, from the City Engineer recommends award of the Civic Center Construction Contract to the Del E. Webb Corporation, with a corrected low bid of $11,934,400, explaining that the Del E. Webb Corporation has claimed an arithmetical error because of an alternate bid for an aluminum rail system, said error resulting in a base bid reduction of $113,400 more than intended. They have therefore requested by letter dated January 23, 1978, that the City permit them to increase their base bid by this amount to $11,934,400 or they would respectfully request Council to accept withdrawal of their bid. Mayor Thom noted that the Community Center Authority is currently in litigation with the Del E. Webb Corporation regarding the Convention Center roof. He in- quired whether there is any way the City Council might utilize the construction contract award under discussion as leverage in that matter. Mr. Hopkins replied that in the litigation referred to by Mayor Thom, the Community Center Authorit'y is the plaintiff and that he could not envision any way in which the 'City of Anaheim might influence the case, nor would he recommend that the Council attempt such an action. Councmi discussion of the situation ensued during which members noted that even with the proposed correction, Del E. Webb Corporation is still low bidder by $63,000 and that if Council elects not to award to that firm, it will cost the taxpayers $63,000 more to build the Civic Center. In further response to Mayor Thom's concern regarding dealing with the firm of Del E. ~ebb Corporation and Councilman Kott's concerns regarding the eventuality that change orders would be forthcoming in connection with the Civic Center construc- tion, Councilman Seymour commented that while he supports the Community Center Authority's litigation for a portion of the Convention Center roof, he does not feel that this necessarily reflects on the Del E. Webb Corporation's abilities as a 78-136 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - January 31, 1978~ 1:30 P.M. building contractor. Furthermore, he voiced the opinion that if the City of Anaheim were to refuse to do business with firms that submit change orders, they would have few companies with which to do business. He ventured that if this were the situation the bids would be inflated by 15 to 25 percent in order to cover the unknowns that will usually arise during the construction. Councilman Kott indicated that he would like to see the City get the true lowest bid for the building and requested the architect's opinion on change orders, i.e., did they feel they could work better on a change order basis or do they recommend working with firms who are less likely to submit same. Mr. Dan Rowland, architect for the Civic Center Construction Project, replied that it is the City's responsibility to determine which is the lowest responsible bidder; that as architects they have only two criteria to utilize in establishing qualified bidders in cities lacking a pre-qualification program as is used in some municipal- ities, these being (1) that he is a licensed contractor (2) whether or not he has submitted the bid bond in the appropriate amount. He noted that the City has, as set forth in the specifications, the right to accept or waive any irregularities in the bidding process. Furthermore, he noted that any time an area of change or a deviation from the specifications is proposed by either the contractor or the owner of the building, a change order would be put out which describes the work and/or changes to be performed and the price of same and would be brought before the City Council for approval. Councilman Kott sta~ed that he could understand change orders being issued and approved when certain parts or materials which were originally called for in specifi- cations are no longer available, but feels strongly that the taxpayer should not have to pick up the bill if the problem is with the architect's plans. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved the bid of Del E. Webb Corporation as corrected to read $11,934,400 and declared this still to be the low bid submitted for the Anaheim Civic Center Project (Account No. 48-4309-984-12-0000). MOTION CARRIED. Councilman Roth offered Resolution No. 78R-81 for adoption, as recommended by the City Engineer and Dan L. Rowland and Associates, Inc., and Le Roy Rose and Associates, Architects. Refer to Resolution Book. RESOLUTION NO. 78R-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 'ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: ANAHEIM CIVIC CENTER - ACCOUNT NUMBER 48-4309-984-12-0000. (Del E. Webb Corporation~ $11,934,400) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: Thom ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 78R-81 duly passed and adopted. 78-137 City Hall~ Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. 169: AWARD OF CONTRACT - CERRITOS AVENUE STREET IMPROVEMENT: In accordance with the recommendation of the City Engineer, Councilman Seymour offered Resolu- tion No. 78R-82 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CERRITOS AVENUE STREET & STORM DRAIN IMPROVEMENT, E/O LEWIS STREET AT THE A.T. & S.F. AND S.P.R.R. CROSSINGS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-4309-735-16-0000. (Griffith Company of Irvine, $31,600.48) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-82 duly passed and adopted. 175/105: PUBLIC UTILITIES BOARD RECOMMENDATION - TECHNICAL SERVICES AGREEMENT BECHTEL POWER CORPORATION: On motion by Councilman Seymour, seconded by Councilman Thom, the City Council accepted the recommendation made by the Public Utilities Board at its meeting of January 19, 1978 that a Technical Services Agreement with Bechtel Power Corporation be approved to conduct site selection study and prepare an environmental impact report for a fixed price of $35,000 plus authorized addi- tional work as necessary (at unit rates not to exceed $10,000) for a proposed electrical substation in the Santa Ana Canyon/Anaheim Hills area, and authorized the Utilities Director to execute said agreement on behalf of the City of Anaheim. MOTION CARRIED. RECESS: By general consent, the City Council recessed for five minutes. (2:55 P.M.) AFTER RECESS: Mayor Thom called to order the regular meeting of the Anaheim City Council and the Anaheim Redevelopment Agency for the purpose of conducting a joint public hearing, all Agency/Council Members being present. (3:00 P.M.) 161.123: JOINT PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT - W & D ~OMMERCIAL PROPERTIES, INC.: A joint public hearing of the City Council and Anaheim Redevelopment Agency on the proposed Disposition and Development Agreement between the Agency and W & D Commercial Properties, Inc. for the proposed sale of real property generally bounded by Anaheim Boulevard, Chartres Street, Clementine Street and the alley located south of Lincoln Avenue, in Redevelopment Project Alpha, for the development of a shopping center. Mr. Priest explained that the purpose of the public hearing would be to consider a Disposition and Development Agreement received from W & D Commercial Properties in accordance with the earlier negotiation agreement. The Disposition and Develop- ment Agreement provides for the sale of land for development of a shopping center and is recommended by Community Development Department staff for approval. In addi- tion the Initial Study of Environmental Impact for W & D Commercial Properties, Inc. Contract for Sale of Land for Private Development is submitted for Council/Agency consideration at this time. 78-138 City Hall~ Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. Mr. Hooker reviewed conceptual plans and illustrations noting that a neighborhood shopping center would be developed on 10.83 acres located generally at the inter- section of Anaheim Boulevard, realigned Lincoln Avenue and Clementine. The major features of this development would be a market, drug store, shops, restaurants, savings and loan institution and drive-through restaurant. A design theme with one light brown color plaster-type material has been chosen with accents of mansard roofs and tile to be used throughout the development. Mr. Hooker explained that some consideration was given to the appearance of this project from the new Civic Center and that one of the graphics illustrates the plan as viewed from overhead; noting that the roof material would be color-coordinated to blend with the buildings. Mr. Hooker related that staff comments on the plans included that the developer will be required to obtain a variance for his signing program, primarily because of the number of signs proposed. The signs themselves are within the square footage allowable. A conditional use permit would also be required to establish the drive- through restaurant operation. The developer has agreed to design and construct the landscaping and sidewalks on the periphery of the site (both off-site and on-site) at his expense; and has further agreed to withhold selection of the street tree until such time as one common tree is chosen for the project area. The main driveway entrance is proposed to be moved slightly to the east in order to avoid traffic congestion problems. There are two utility easements on the site and these will be maintained in such a fashion so as there is free access for repair and maintenance vehicles. In response to Councilman Roth, Mr. Priest explained that the timetable for commence- ment of building activities, should Council approve this agreement today, would be late summer or early fall of 1978 and that the realignment of Lincoln Avenue would have to first be accomplished, or portions of it at least under construction, concur- rently with the shopping center development. In the latter case it might require a detour of traffic around the project. Councilman Seymour questioned what type of screening would be done to insure that the view from the top of these buildings as from the Civic Center would be aesthet- ically pleasing. Mr. Steve Powers, representing McClellan, Cruz and Gaylord, architects for the project, explained that the roof treatment for the shopping center is planned to utilize a .gravel type of material which will have the same color as the walls. The two air handling units to be placed on the roof will be pushed into the underside of the mansard roof in such a way that the sight line would cut off any visibility of this equipment. A similar mansard roof treatment, as will be used in the front of the building, will also be used to the rear. There being no further Council questions, Mr. Priest reviewed the provisions of the Disposition and Development Agreement itself, noting that it is similar to some of those already approved and specifically provides for sale of the land to w & D Commercial Properties, Inc. for the sum of $1,088,600; that the Redevelopment Agency will use its best efforts to convey the property to W & D Commercial during 1978 in accordance with the schedule submitted to Council/Agency Members; the Agency will further keep in close coordination with W & D Commercial and will advise them six months in advance that the site is ready so that they can proceed with site design activities. 78-139 C_iity Hall, Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. The agreement further sets forth terms of sale; scope of the development agree- ment and some legal language defining the relationship between the parties to the agreement. In addition, Mr. Priest noted that the Initial Study of Environmental Impact for the Contract for Sale of Land for Private Development to W & D Properties, Inc. is also submitted and is recommended for approval by the City Council/Redevelop- ment Agency. Mayor Thom announced that this is a public hearing and invited any members of the public who wished to speak regarding the proposed disposition and development agreement to address the Council/Agency Members; there being no response he closed the public hearing. Mr. Priest pointed out the three proposed changes to the W & D Disposition and Development Agreement. These all relate to anti-discriminatory clauses and would add the words ~"handicapped, age, creed or national origin or ancestry" to Sections 313, 403 and 404 of said agreement. Mrs. Kaywood offered Resolution No. ARA78-17 for adoption. RESOLUTION NO. ARA78-17: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOP- MENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND W & D COMMERCIAL PROPERTIES, INC. FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY BOUNDED BY REALIGNED LINCOLN AVENUE ON THE NORTH, ANAHEIM BOULEVARD ON THE EAST, OAK STREET ON THE SOUTH, AND REALIGNED CLEMENTINE STREET ON THE WEST IN REDEVELOP- MENT PROJECT ALPHA. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Chairman declared Resolution No. ARA78-17 duly passed and adopted. Mr. Thom offered Resolution No. ARA78-18 for adoption incorporating the three amendments outlined above. RESOLUTION NO. ARA78-18: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY MAKING ~CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND W & D COMMERCIAL PROPERTIES, INC. FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY BOUNDED BY REALIGNED LINCOLN AVENUE ON THE NORTH, ANAHEIM BOULEVARD ON THE EAST, OAK STREET ON THE SOUTH, AND REALIGNED CLEMENTINE STREET ON THE WEST IN REDEVELOPMENT PROJECT ALPHA; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY AND THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAI~ DISPOSITION AND DEVELOPMENT AGREEMENT. 78-140 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - January 31, 1978, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Chairman declared Resolution No. ARA78-18 duly passed and adopted. MOTION: On motion by Mrs. Kaywood, seconded by Mr. Thom, the Anaheim Redevelopment Agency approved the basic concept drawings and basic concept sign program submitted by W & D Commercial Properties, Inc. subject to the following conditions: 1. That approval is based upon entrance from Lincoln, between Clementine and Lemon Street being moved easterly. 2. The utility easements across the site to be landscaped so as to be free of any obstruction for free access to maintain and repair facilities. 3. That the 25-foot expansion area, if it were to be constructed along the north side of building A, would be subject to architectural review and approval by the City of Anaheim and the Anaheim Redevelopment Agency at the time of such construction. 4. That sidewalks and landscaping at the periphery of the site to be constructed by the developer at his expense. MOTION CARRIED. Councilman Kott offered Resolution No. 78R-83 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOP- MENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND W & D COMMERCIAL PROPERTIES, INC. FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY BOUNDED BY REALIGNED LINCOLN AVENUE ON THE NORTH, ANAHEIM BOULEVARD ON THE EAST, OAK STREET ON THE SOUTH, AND REALIGNED CLEMENTINE STREET ON THE WEST IN REDEVELOP- MENT PROJECT ALPHA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-83 duly passed and adopted. Councilman Thom offered Resolution No. 78R-84 for adoption. Refer to Resolution Book. 78-141 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978, 1:30 P.M. RESOLUTION NO. 78R-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE ANAHEIM REDEVELOPMENT AGENCY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND W & D COMMERCIAL PROPERTIES, INC. FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY BOUNDED BY REALIGNED LINCOLN AVENUE ON THE NORTH, ANAHEIM BOULEVARD ON THE EAST, OAK STREET ON THE SOUTH AND REALIGNED CLEMENTINE STREET ON THE WEST IN REDEVELOPMENT PROJECT ALPHA: APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY: CONSENTING TO THE PROVISION OF CERTAIN PUBLIC IMPROVEMENTS BY THE AGENCY: AND APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-84 duly passed and adopted. MOTION: There being no further business before the Anaheim Redevelopment Agency, Mr. Kott moved to adjourn. Mrs. Kaywood seconded the motion. MOTION CARRIED (3:25 P.M.) 170: PUBLIC HEARING - TENTATIVE TRACT NO. 10167: Submitted by Shamrock Contractors to establish a 15-lot, RS-HS-22,000(SC) zoned subdivision on property located on the north and east sides of Country Hill Road, south of Mohler Drive together with a request for approval of removal of specimen trees. The City Planning Commission, at their December 19, 1977 meeting, approved the nega- tive declaration from requirement to prepare an environmental impact report, found the proposed subdivision, together with its design and improvement to be consistent with the City of Anaheim's General Plan and therefore approved Tentative Map Tract No. 10167, subject to 18 conditions and further approved the removal of 93 specimen trees from the existing 189 specimen trees on site, with provision that said trees would be replaced on a 1:1 ratio with trees from the tree replacement list. Review of Planning Commission action was requested by Mayor Thom at the January 10, 1978 meeting and public hearing scheduled this date. 'Miss Santalaht± reviewed the pertinent facts submitted to and considered by the City Planning Commission. Mayor Thom called upon Mr. Hank Rivera, 451 Country Hill Road, President of the Santa Ana Canyon Property Owners Association, to address the concerns of the home- owners associations regarding Tract No. 10167. Mr. Rivera reviewed the conversations and discussions held between himself, Mr. Riley of Shamrock Contractors and the adjacent property owners regarding the obtaining by Mr. Riley o~ an easement for development of the private access road as shown on the tract map. He explained that there seem~ to be some contention as to whether or not the developer will be able to obtain that easement. The last word he had heard regarding the easement was that Mr. Wiens, the property owner, was not willing to grant it. Mr. Rivera questioned how the project could be approved in view of the easement situation and noted that one of the original concerns of the homeowners associations was depth of driveways and this might be one of the reasons the easement was sought by the developer. 78-142 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978, 1:30 P.M. Mr. Tom Riley, President of Shamrock Contractors, Inc., 4500 Campus Drive, Suite 536, Newport Beach, 92660, presented his tract map plans for Council review. He indicated that when they originally met with HACMAC the map did show a wider radius, permitting the road to straddle the hilltop. This common usage on the top of the hill was shown in other engineering plans and was felt to be an advantage to the City Water Department because of the connection of some high pressure mains. How- ever, Mr. Riley stated that he has been meeting with Mr. Wiens for 5 months attempt- ing to obtain the easement and now feels that if Mr. Wiens does not wish to grant the easement his firm will still be able to proceed with the development by re- designing to pull the road back, as it only encroached 7 feet onto Mr. Wiens' property. He reported that his engineers are currently working on the map to pull the private road back tangent to and totally on the property currently held by his firm. In response to Mayor Thom, Mr. Riley voiced the opinion that this redesign would not require a variance from site development standards for any of the homes but they are not sure as the plan is not complete yet. Council Members asked Miss Santalahti to comment as to whether any of the afore- mentioned changes would concern the Planning Commission and she noted that the Planning Commission would be concerned as to (1) how the tree removal plan would be affected; (2) how the grading, as previously planned, would be impacted; (3) whether or not it would affect the lot dimensions. Depending upon whether or not the changes are minor, the applicant might have to resubmit the tract map for review by the Planning Commission as a revised tract map according to Miss Santalahti. Mr. Riley assured Councilwoman Kaywood that the revisions to the tract map would necessitate no additional tree removal over what has already been approved by the Planning Commission. Following discussion between Mr. Rivera, Mr. Riley and Council Members, it was determined that the revisions to the tract map would be ready this week and could be reviewed by HACMAC members informally, before submittal to City staff. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the City Council continued the public hearing on Tract No. 10167 to the meeting of February 14, 1978. MOTION CARRIED. Councilwoman Kaywood left the Council Chambers. (3:30 P.M.) 176: PUBLIC HEARING - ABANDONMENT NO. 76-20A: In accordance with application filed by the City of Anaheim, Public Works Department, public hearing was held on proposed abandonment of a dedicated roadway commonly known as Parry Avenue and the public alleys all located between Romneya Drive and Anaheim Boulevard, west of Lemon Street, pursuant to Resolution No. 75R-31 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending unconditional approval of Abandonment No. 76-20A. In addition, recommendation of the City Planning Commission that said request for abandonment be approved was submitted together with report that the Planning Director has determined said activity falls within the definition of Section 3.01, Class 5 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt. 78-143 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.10, Class 5, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. Councilman Thom offered Resolution No. 78R-85 for adoption approving Abandonment No. 76-20A, as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (76-20A, Parry Avenue and public alleys located between Romneya Drive and Anaheim Boulevard, west of Lemon Street) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom None Kaywood None The Mayor declared Resolution No. 78R-85 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 77-11A: In accordance with application filed by Dr. R.M. Takahashi, public hearing was held on proposed abandonment of a portion of an existing public utility easement to permit enclosure of a front- yard swimming pool on property located at 7111 Colter Circle, pursuant to Resolution No. 78R-32, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending unconditional approval of said abandonment. In addition, excerpt of the minutes of the regular meeting of the Anaheim Planning Commission held December 19, 1977, was submitted indicating that the City Planning Commission recommends approval of the request for abandon- ment and reporting that the Director of the Planning Department has determined that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Thom, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. Councilwoman Kaywood was temporarily absent. MOTION CARRIED. 78-144 City Hall, ~aheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. Councilman Seymour offered Resolution No. 78R-86 for adoption, approving Abandonment No. 77-11A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (77-11A, portion of 7111 Colter Circle) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom None Kaywood None The Mayor declared Resolution No. 78R-86 duly passed and adopted. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 77-78-25: Submitted by Frank H. and Louise Gerry, for a change in zone from CO to CL on property located at 626 South Euclid. City Planning Commission Resolution No. PC77-248 approved the negative declaration and denied Reclassification No. 77-78-25. The City Planning Commission action was appealed by the applicants and public hearing scheduled and continued from January 10, 1978. The City Clerk reported that there has now been a request received for withdrawal of this appeal on Reclassification No. 77-78-25. MOTION: On motion by Councilman Roth, seconded by Councilman Kott, the City Council approved the withdrawal of appeal on Reclassification No. 77-78-25 by the applicants, Councilwoman Kaywood temporarily absent. MOTION CARRIED. Councilwoman Kaywood returned to the Council Chamber. (3:35 P.M.) 107: CONTINUED PUBLIC HEARING - HOUSE MOVING PERMIT: Request of James L. Halls of the G.L. Lewis Company, for permit to move a garage from its present location (within a newly dedicated public street) to a more suitable location on the same parcel located at 370 South Old Bridge Road, was submitted together with report and 'recommendation from the Zoning Division of the Planning Department recommending said House Moving Permit be approved, subject to the condition that the structure be brought into compliance with the Building, Plumbing, Mechanical and Electrical Codes as well as the City Metal Building Policy. Mr. Jim Halls, 1725 Orangewood Avenue, Orange, explained that the building to be moved is a metal building the size of a 3-car garage and has been used as a part of the Del Giorgio farming operation for a number of years. The building is in the way of their development plans and they have promised Mr. Del Giorgio they would move it for him. The proposed new site is only 200 feet from the present location but still requires Council approve a House Moving Permit. 78-145 C_ity Hall~. Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. Mr. Halls assured Councilwoman Kaywood that it would be possible to bring the metal structure into compliance with Codes. Mayor Thom asked if anyone wished to address the Council, there being no response he closed the public hearing. Councilman Seymour offered Resolution No. 78R-87 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A HOUSE MOVING PERMIT TO THE G. L. LEWIS COMPANY. (370 South Old Bridge Road) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-87 duly passed and adopted. 159: REPORT ON COUNTRY HILL ROAD MUDSLIDE: Mr. Halls of the G. L. Lewis Company reported that the earth slippage which occurred on November 7, 1977, resulted in some damage to Country Hill Road. His firm met with City staff on several occasions and it was anticipated that work would begin on December 19, 1977 to restore full usage of the road and the sewer lines. They estimated the repairs would require 20 working days maximum, however because of the rainfall they have had only 4 working days and have not been able to do any further work because of the constant rain. They feel that if they are able to get 10 consecutive working days without rain they will be ahead of the problem. R_~UEST FOR EVENING REHEARING - CONDITIONAL USE PERMIT NO. 1768: The City Clerk submitted a petition dated January 31, 1978, containing approximately 90 signa- tures and requesting that the City Council consider granting a rehearing on Con- ditional Use Permit No. 1768, to consider new evidence, at an evening meeting. MOTION: On motion by Councilman Kott, seconded by Councilman Seymour, the City Clerk was directed to schedule a rehearing on Conditional Use Permit No. 1768 for February 28, 1978, at 7:30 p.m. and further waived the fee for readvertisement. ~MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman Kott, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of Garden Grove Resolution No. 5508-78 requesting that the SCAG Executive Committee provide a 60-day comment period and information workshops for SCAG publications impacting local government. b. 114: City of Burbank Resolution No. 18,221 opposing the housing distribution proposals of SCAG. 78-146 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. c. 114: City of Costa Mesa Resolution No. 78-12 requesting the National League of Cities to make a change in its voting policy. d. 114: City of Costa Mesa Resolution No. 78-13 requesting the County of Orange to act as the lead agency in the study and evaluation of highway traffic capacities within the Central/Southern Orange County Area. e. 114: City of San Diego Resolution No. 220026 urging approval of the Sundesert Nuclear Project. f. 105: Public Library Board - Minutes of December 19, 1977. g. 105: Community Redevelopment Commission - Minutes of December 28, 1977. h. 105: HACMAC - Minutes of January 3, 1978. i. 105: Housing Commission - Minutes of December 7, 1977. j. 105: Youth Commission - Minutes of January 11, 1978. k. 140: Monthly report for December 1977 - Public Library. 1. 173: Before the PUC, Application No. 57663, as amended, of Mexcursions, Inc., for a certificate of public convenience and necessity to operate passenger stage tour service between points in the County of San Diego and various points in Orange County, including Anaheim. 2. 108: DINNER DANCING PLACE PERMIT: The following permit was approved in accordance with the recommendation of the Chief of Police: a. Dinner Dancing Place Permit for The Captain's Anchorage, 1228 South Brookhurst Street, for dancing seven days a week from 7:00 P.M. to 1:30 A.M. (applicant, Bruce Michael Askey) MOTION CARRIED. 108: ENTERTAINMENT PERMIT - RUSTY RUDDER: Application for an Entertainment Permit to allow a live band with entertainers at the Rusty Rudder, 401 South Brookhurst Street, seven days a week from 9:00 A.M. to 2:00 A.M. was submitted together with recommendation from the Chief of Police that said permit be denied. Mr. Louis L. Hungate, 15851 Wicklow Lane, Huntington Beach, the applicant for the Entertainment Permit, was recognized and advised that he is the reluctant owner/ manager of the Rusty Rudder at the present time, in that he lost $9,000 worth of coin operated machines at that location under the former management and has, through default, taken over the management, attempting to recoup his investment. He noted that he reopened under his management on the 16th of January and intends to run a legitimate business. He remarked that he does not feel the past problems at this location should be held against him. He explained that he needs the permit for live music and entertainment in order to compete with nearby establishments which already provide same. Sergeant Flanagan of the Anaheim Police Department explained that the establishment in question has had a history of different owners since 1975, but the clientele never changes and the problems continue. He noted that the Rusty Rudder caters to 78-147 City Hall, Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. people who ride "chopped" motorcycles and who behave in a manner contrary to the mores of society. He related one of the more recent incidents for which the Police Department was called to that location. He concluded that in the eyes of the Anaheim Police Department this establishment is very definitely a trouble spot. Mr. Hungate responded that this has not been the case since the bar reopened under new management nor will it be in the future. He explained that there are "bikers" who frequent the bar but they are well behaved and that the establishment enjoys roughly the same clientele as the "Humdinger" establishments. He noted that they are trying to develop non-biker clientele, but cannot just exclude any one segment of people from the bar as it would be discriminatory. Mayor Thom suggested that Mr. Hungate first establish a track record of six months or more under his management and then make application for the Entertainment Permit, as the Anaheim Police Department would then probably not object. He pointed out that the Police Department has nothing else to go on but their experiences with the establishment in the past and their recommendation makes it extremely difficult for the Council to approve the Entertainment Permit. Mr. Hungate reiterated that he is the reluctant owner who has come into an unfortunate situation; that if he could have recouped his $9,000 in some other way he would not be managing the bar; that denial of this permit would put him at a competitive disadvantage. He offered to submit character references and pledged his total cooperation with the Anaheim Police Department. He stated he would be willing to stipulate that if they had one fight or one incident where the Police were called in, they would discontinue the live music. In response to Council questions, Mr. Hungate explained that although his applica- tion states a desire for permit to allow entertainment from 9:00 a.m. to 2:00 a.m., this was just to cover all contingencies; normally they would have music from 7:00 p.m. to 11:00 p.m. Councilman Roth agreed with Mayor Thom's earlier comments, that this permit is for entertainment only and a denial would not close the establishment down. He also felt the establishment should demonstrate a six-month record without police problems or complaints before approval of the entertainment permit. Mr. Hungate explained that denial of the permit would cost him $1,000 per month and is necessary for his economic survival. Further, he noted he had already 'paid the fee for the permit thinking it would be granted him. Sergeant Flanagan explained that the $25 fee paid by Mr. Hungate was the processing fee for making application for an Entertainment Permit. MOTION: On motion by Councilman Seymour, seconded by Counciman Roth, the City Council denied the application for Entertainment Permit submitted by Louis L. Hungate for the Rusty Rudder, 401 South Brookhurst Street, as recommended by the Chief of Police. MOTION CARRIED. 108: PUBLIC DANCE PERMIT - SABOR CAR CLUB: Application of Andrew Pizano on behalf of the Sabor Car Club, to allow a dance to be held February 10, 1978, 9:00 p.m. to 1:30 a.m. at the Martin Recreation Center, La Palma Park, was sub- mitted, together with recommendation of the Chief of Police that said permit be denied. 78-148 City H.all~ Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. Mayor Thom noted that this item was removed from the Consent Calendar at the request of Sergeant Flanagan and asked if the applicants were present to address the Council. There were no individuals present who wished to address the Council and Sergeant Flanagan indicated he had nothing further to add to the Police Chief's recommenda- tion. M_OTION: On motion by Councilman Thom, seconded by Councilman Roth, the City Council denied the Application for Public Dance Permit requested by the Sabor Car Club for a dance to be held February 10, 1978, 9:00 p.m. to 1:30 a.m. at the Martin Recrea- tion Center, as recommended by the Chief of Police. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 78R-88 through 78R-92, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 78R-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Laverne A. Wilson; James Wesley Ware, et ux.; Dwight H. Curtiss, et ux.) 176: RESOLUTION NO. 78R-89: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC SERVICE EASEMENT. (77-2A, Hancock Street) 176: RESOLUTION NO. 78R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC STREET AND FIXING A DATE FOR A HEARING THEREON. (77-2A, Hancock Street, public hearing set for February 21, 1978, 3:00 P.M.) 176: RESOLUTION NO. 78R-91: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM'DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (77-10A, east of State College Boulevard, south of Ball Road) 103: RESOLUTION NO. 78R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED ANAHEIM HILLS ANNEXATION NO. 23. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-88 through 78R-92, both inclusive, duly passed and adopted. 108: ORDINANCE NO. 3816: Councilman Thom offered Ordinance No. 3816 for adoption. Refer to Ordinance Book. 78-149 City Hall, Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. ORDINANCE NO. 3816: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 3.04.135 TO TITLE 3, CHAPTER 3.04 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3816 duly passed and adopted. 149: ORDINANCE NO. 3817: Councilwoman Kaywood offered Ordinance No. 3817 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3817: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 14.32.190 OF THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW SUBSECTION .130 AND REPEALING THE EXISTING SUBSECTIONS .130, .180, .420, .730 AND .830, RELATING TO PARKING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3817 duly passed and adopted. ORDINANCE NO. 3818: Councilman Thom offered Ordinance No. 3818 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3818: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-59, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kott, Roth and Thom Kaywood and Seymour None The Mayor declared Ordinance No. 3818 duly passed and adopted. Councilwoman Kaywood indicated that she voted "no" on the foregoing ordinance inasmuch as she had originally voted "no" on the resolution to rezone the subject property. ORDINANCE NOS. 3819 THROUGH 3822: Councilman Roth offered Ordinance Nos. 3819 through 3822, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 3819: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-12, RM-1200) 78-150 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. ORDINANCE NO. 3820: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-20, RM-4000, Tract No. 10102) ORDINANCE NO. 3821: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-50(3), RS-HS-iO,000) ORDINANCE NO. 3822: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (62-63-41(3), CL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3819 through 3822, both inclusive, duly passed and adopted. 108: ORDINANCE NO. 3823: Councilman Roth offered Ordinance No. 3823 for first reading. ORDINANCE NO. 3823: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 3.48.020, 3.48.030 AND 3.48.040 OF TITLE 3, CHAPTER 3.48, AND SECTIONS 4.52.070 AND 4.52.080 OF TITLE 4, CHAPTER 4.52 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS IN THEIR PLACE AND STEAD RELATING TO SOLICITORS. ORDINANCE NOS. 3824 THROUGH 3826: Councilman Thom offered Ordinance Nos. 3824 through 3826, both inclusive, for first reading. ORDINANCE NO. 3824: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-68(2), RM-1200) ORDINANCE NO. 3825: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (74-75-19, RM-1200) ORDINANCE NO. 3826: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-33, RM-1200) 169: EUCALYPTUS TREES IN SANTA ANA CANYON ROAD MEDIAN: Councilwoman Kaywood announced that the eucalyptus trees in the median islands on Santa Ana Canyon Road have been scheduled at a higher priority for topping and removal of loose limbs because of their condition and recent damages due to the weather, topping to begin February 1, 1978. 148: LEAGUE OF CITIES VOTING REPRESENTATION: Following brief discussion, on motion by Councilman Roth, seconded by Councilman Kott, the City Council directed City staff to prepare a resolution indicating City of Anaheim's support for a change in procedure to establish votes for cities in the Orange County League of Cities on a population basis, i.e., that cities with larger population receive more votes in proportion to their population. Councilwoman Kaywood voted "No" MOTION CARRIED. ' 78-151 City Hall, Anaheim, California - COUNCIL MINUTES - January 31~ 1978~ 1:30 P.M. RECESS - EXECUTIVE SESSION: By general consent, the Council recessed into Executive Session at the request of the City Attorney. (4:29 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (4:34 P.M.) ADJOURNMENT: Councilman Seymour moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 4:35 P.M. LINDA D. ROBERTS, CITY CLERK