1978/11/1478-1523
City Hall, Anaheim, California - C0.UNC!.L MINUTES - November 14, 1978, 1;30 P.M.
The City Council of the City of Anaheim met in regular session,
PILES ENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood
COUNCIL MEMBERS: Seymour
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
UTILITIES DIRECTOR: Gordon Hoyt
CITY ENGINEER: James Maddox
RISK MANAGER: Jack Love
STADIUM STAFF ASSISTANT: Jim Dooley
ADMINISTRATIVE AIDE: Jim Armstrong
DATA PROCESSING DIRECTOR: Tug Tamaru
PARKS, RECRFATION AND ARTS DIRECTOR: Jim Ruth
CHIEF BUILDING INSPECTOR: Les King
PLANNING DIRECTOR: Ron Thompson
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
ASSISTANT DIRECTOR FOR PLANNING: Phil Schwartze
Mayor Pro Tem Kaywood called the meeting to order and welcomed those
in attendance to the Council meeting.
INVOCATION: Reverend John Kimball Saville, of Saint Michael's Episcopal Church gave
the Invocation.
FLAG SALUTE:
to the Flag.
Councilman Don R. Roth led the assembly in the Pledge of Allegiance
119: PROCIAMATION: The following proclamation was issued by Mayor Pro Tem Kaywood
and authorized by the City Council: "Toys for Tots" - December 1 through 20, 1978.
The Proclamation was accepted by Gunnery Sargeant Robert C. Pruitt.
119: RESOLUTION OF CONGRATULATIONS; A Resolution of Congratulations was adopted
by the City Council and presented to Mr. Thornton E. Piersall, Director of Public
Works in recognition of his being the recipient of tha Harry S. Swearingen Award,
an award of National recognition of his professionalism and dedication to the
citizens of the Anaheim community. ~
119: RESOLUTION OF GREETINGS TO HA~WAII: A Resolution of Greetings was adopted by
the City Council to be presented to the students' 'and staff of Kamehameha High School
and the citizens of Hawaii on 11/22/78 at the O. I. A. Pageant of Bands, Aloha
Stadium in Hawaii and during half-time ceremonies at the Hawaii Prep Bowl on 11/24/78
where the band and drill team of Savanna High School were invited to perform.
119: RESOLUTION OF SUPPORT: A Resolution of Support was adopted by the City
Council giving formal support and encouragement to the students, parents, staff,
Board of Education and the community of the Sunkist Elementary School in initi-
ating an extention of ~the Sister City Program with the students of Ishtkawa
School in Mito, Japa~ to be presented at a later date.
MINUTES: Approval of minutes was deferred until the next regular meeting.
78-1524
Cit Hall Anaheim California ~ COUNCIL MINUTES - November 14 1978 1-30 P.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading, in full, of all ordinances and resolutions and that consent
to the waiver of reading is hereby given by all Council Members unless, after
reading of the title, specific request is made by a Council Member for the read-
ing of such ordinance or resolution. Councilman R~th seconded the motion.
Councilman Seymour was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,529,050.59, in accordance
with the 1977-78 Budget, were approved.
.160: CITY MANAGER/DEPARTMENTAL CONSENT C~I.ENDAR: On a motion by Councilman
Kott, seconded by Councilman Overholt, t~e following purchases were authorized
as recommended by the Purchasing Agent:
a. Bid No. 3477 - Polyphase Meters - Westinghouse Electric Supply, $11,649.49.
b. Bid No. 3476 - Repainting of the Stadium Terrace Level
$39,925. - Wilson and Hampton,
c. Bid No. 3470 - Three 84" Triplex Mowers - B. Hayman Company, Inc., $11,161.80.
Councilman Seymour was absent. MOTION CARRIED.
160: PURCHASE OF E UIPMENT - 17 THREE-PHASE PADMOUNT TRA/~SFORMERS - BID NO. 3478:
Councilman Kott questioned why there was a difference in the cost of the trans-
formers. Seven (Items 1 and 4) were approximately $2,000 each and ten (Items
2 and 3) were approximately $3,600 each. He also wanted information as to why
the specifications were so restrictive that bids were received from only one or
two companies.
City Manager William Talley first apologized for the fact that the analysis
showing the evaluation that had been performed relative to the bid was not in-
cluded in the Agenda packet, .Which information would have explained why there
was a difference in pricing. He thereupon withdrew the item until the next
meeting in order to 'provide sufficient information.
On motion by Councilman Kott, seconded by Councilman Roth, consideration of bid
No. 3478 was continued one week.
Councilman Seymour was absent. MOTION CARRIED.
Mr. Talley then explained that relative to the subject transformer, only large
manufacturing companies generally could produce such items because of the capital
investment involved. Four bids had been received and normally if three Or more
bids were submitted they were satisfied that a competitive bidding process had
been conducted.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR - AWARD ON CONTRACTS:
Councilman Kott offered Resolution No. 78R-728 and 78R-729 for adoption awarding
contracts as recommended by the City Engineer. Refer to Resolution Book.
i iI
78-1525
City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1978, 1:30 P.M.
164: RESOLUTION NO. 78R-728: A RESOLUTION OF THE CITY COUNCIL OF THE ~:ITY
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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: VERMONT-LEMON INTERCEPTOR SEWER IMPROVEMENT, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 46-790-6325-0070. (Nick Didovic Construction Company, $841,708)
167: RESOLUTION NO, 78R-729: 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 PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION
OF LAKEVIEW AVENUE AND LA PAIaMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO.
13-794-6325-4040. (Steiny and Company, Inc., $58,695)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kott, Roth and Kaywood
None
Seymour
The Mayor Pro Tem declared Resolution Nos. 78R-728 and 78R-729 duly passed and
adopted.
AWARD OF CONTRACT - BROOKHURST PARK IRRIGATION RENOVATION: (Account No. 16-807-
7103-00003) In answer to Councilman Kott, City Manager Talley explained that
only one bidder responded to the call for bids. They subsequently sent the job
to the Parks, Recreation and the Arts Department for analysis to ascertain if
the City could perform the work at the same cost. It was determined that it
would be so close relative to cost that it would be best to offer the job to
the only company willing to bid. City Engineer Maddox confirmed the same.
Councilman Kott offered Resolution No. 78R-730 for adoption awarding a contract
as recommended by the City Engineer in his memorandum dated 11/8/78. Refer to
Resolution Book.
RESOLUTION NO, 78R=730: 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 ~QUIPMENT
AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER,-AND PER=
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: BROOKHURST PARK IRRIGATION RENOVATION, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 16=807-7103-00003. (Gerald R. Willits, $12,977)
78-1526
Cit Hall Anaheim California - COUNCIL M__INUTES - November 14 1978 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor Pro Tem declared Resolution No. 78R=730 duly passed and adopted.
153: NEW CLASSIFICATION OF PARALEGAL AND ALLOCATION OF SALARY SCH~D. ULE:
Councilman Kott offered Resolution No. 78R-73i for adoption as recommended in
memorandum received 11/9/78 from the Personnel Director. Refer to Resolution Book.
RESOLUTION NO. 78R-731: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 78R-658 WHICH ESTABLISHED RATES OF COMPENSATION FOR CON-
FIDENTIAL JOB CLASSES AND CREATING A NEW JOB CLASS.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood
NOES: COUNCIL MEMBERS: None
ABSE/~T: COUNCIL MEMBERS: Seymour
The Mayor Pro Tem declared Resolution No. 78R-731 duly passed and adopted.
175: SAN ONOFRE NUCLEAR GENERATING STATION UNITS 2 and 3 PROPERTY DAMAGE
INSURANCE: Request authorizing the Utilities Director to apply for membership
in Nuclear Mutual Limited and to execute an i~surance agreement to insure the
City's interest at San Onofree Nuclear Generating Station Units 2 and 3 and
appointing Harry Chester Butterfield and such partners of the law firm of
Conyeers, Dill and Pearman, designated by him as agents to execute said insurance
agreement and any endorsements thereto, was submitted.
Councilman Kott questioned the costs involved relative to the recommendation.
Utilities Director Gordon Hoyt explained the estimated premium on the policy
for 1978-79 was $17,300 as shown on page 3 of his memorandum dated 11/3/78.
As the project proceeded, it would be approximately $50,000 annually and in
addition there was a retrospective premium which would pay for any large losses
which may occur. It was necessary to have the proposed applicatiOn available
to be executed at the time the Utilities Department provided the money and
formally belonged to the project. It was a formality in carrying out the terms
of the participation agreement which was recommended by the Public Utilities
Board and approved by the Council.
On motion by Councilman Roth, seconded by Councilman Overholt, 'the Utilities
Director was authorized to apply for membership in Nuclear Mutual Limited and
to execute an insurance agreement as set forth above. Councilman Kott voted "No"
Councilman Seymour was absent. MOTION CARRIED. '
78-1527
Qity Hall, Anaheim, California - COUNCIL MINUTES - Nov-mher 14, 1978, 1:30 P.~.
119/150: NON-PROFIT PUBLIC INFORMATION CORPORATION: On motion by Councilwoman
Kaywood, seconded by Councilman Overholt, staff was authorized to proceed with
the necessary steps to form a non-profit public information corporation as
recommended in memorandum dated 11/7/78 from the Parks, Recreation and the Arts
Department. Councilman Seymour was absent. MOTION CARRIED.
103: ANNEXATION NO~ 335 TO THE CITY OF ORANGE: Report relating to Annexation
No. 335 to the City of Orange, application to the Local Agency Formation
Commission for annexation of approximately 487 acres located southwesterly of
Nohl Ranch Road and Serrano Avenue.
On motion by Councilman Roth, seconded by Councilman Overholt, the subject report
relating to Annexation No. 335 was received and filed. Councilman Seymour was
absent. MOTION CARRIED.
153: CREATION OF NEW UTILITIES CLASSIFICATIONS AND ALLOCATION OF SALARY SCH~ULES:
Upon questioning by Councilman Kott, Mr. Ed Alario, Assistant Utilities Director,
briefed the Council on his memorandum dated 10/20/78 wherein he requested that
the existing New Business Representative position be reclassified to New Business
Supervisor. It did not represent an expansion of staff but reduced supervisory
span of control from 21 to 11 with the reduction of one customer service repre=
sentative which would be accomplished by not filling the next vacancy in the
Customer Service Representative class. One of the main goals of the request was
to give better and more courteous service to the public.
Councilman Roth offered Resolution No. 78R-732 for adoption as recommended in
memorandum dated 11/8/78 from the Personnel Department.
RESOLUTION NO, 78R~732: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO, 78R-660 WHICH ESTABLISHED RATES OF COMPENSATION FOR
CLASSES DESIGNATED AS STAFF AND SUPERVISORY MANAGEMENT, AND CREATING NEW JOB
CLASSES.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor Pro Tem declared Resolution No. 78R-732 duly passed and adopted.
Councilman Kott stated that putting more supervisors on the job and increasing
salaries would not necessarily solve the problem of providing more courteous
service. Instead, one had to look at the quality of the individuals and if they
did not perform, they should be replaced.
139/109/t07:;~OPPOSITiON TO STA%E OF CALIFORNIA,S CONCERN FOR THE IMPACT. OF ST_~TE
MANDATED COSTS AND REQUEST TO STATE LEGISLATL~E R~ATIVE TO STATE-LICENSeD
CONTRACTORS: Councilman Kott O~fered Resolution No. 78R-733 and 78R-734 for
adoption. Refer to Resolution Book.
78-1528
City Hall, Anaheim, California = COUNCIL MINUTES - November 14~ 1978,. 1:30 P.M.
RESOLUTION NO. 78R-733: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ESTABLISHING ITS STRONG OPPOSITION TO THE 1ACK OF THE
STATE OF CALIFORNIA'S CONCERN FOR THE IMPACT OF STATE MANDATED COSTS.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kott, Roth and Kaywood
None
Seymour
RESOLUTION NO. 78R-734: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, REQUESTING THE STATE LEGISLATURE TO STRENGTHEN REGULATIONS RELATING
TO STATE-LICENSED CONTRACTORS. (swimming pool & home improvement contractors)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kott, Roth and Kaywood
None
Seymour
The Mayor Pro Tem declared Resolution Nos. 78R=733 and 78R-734 duly passed and
adopted.
162: COMMUNITY ANTENNA TELEVISION (CATV): The City Clerk announced that a
letter had been received from Jan Hall, Secretary of HACMAC, dated 11/3/78
requesting the Council to set a public hearing date on the issue of Community
Antenna Television (CATV) for the Santa Ann Canyon Area.
Councilman Roth invited Dr. Donald Dyas, Professor of Communications, Cal
State University Fullerton, a new member of HACMAC, to speak on the matter.
Dr. Dyas stated that the Santa Ann Canyon area had a very strong problem with
TV reception because of the mature of the canyon and the nature of television
signals. There were approximately 1,000 homes presently receiving marginal
TV reception. He had researched the impact and possible resolution of the
problem having considered alternatives such as (1) a high TV antenna because of
the hills behind Esperanza, however, the antenna would have to be 515 feet high.
(2) The Council had considered a translator and the possible setting up of a
special assessment district. Even if the translator were installed~ it would
only be able to provide a minimum o~ 3 signals and reception would still be
impacted in certain areas.
HACMAC discussed the offering of a public hearing on CATV or Cable TVo He
viewed Cable TV as more than a solution to poor reception in the area ='it was
the future technolog~ and he could impart a great deal of information on that
technology at the public hearing. No legal problems would be involved and it
would also be a money-making venture for the City of Anaheim. The franchises
allowed for 3% of the gross revenues of the cable systems operations to be
paid to the City with no cost to the City for the installation of the franchise°
78-1529
City Hall, Anaheim~ California.- COUNCIL MINUTES - November 14~ 1978, 1:30 P.M.
Councilman Roth emphasized that was the great advantage. It was the only system
that would improve reception which would not have to be subsidized by the City.
Mayor Pro Tem gaywood suggested that the public hearing be set for November 28,
1978 at 7:30 plm. in the Main Library since Dr. Dyas requested a night hearing.
Councilman Roth directed the City Manager to inform the Public Information Office
to issue a news release to the Canyon newspaper advising them of the meeting.
He was also interested in publicity being directed to Cable TV companies so that
they, in turn, could submit their proposals to the City. Thus it could be as-
certained which would give the best dollar return. He also assumed that the
City Manager would contact Planning staff or Public Works so as to encourage
Cable TV people to attend the public hearing in order to stimulate their interest.
By general consent of the Council members present, the public meeting on Community
Antenna Television (CATV) was set for Tuesday, November 28, 1978, 7:30 P.M, at the
Main Library, 500 West Broadway.
Councilman R~tt left the Council Chamber (2:30 P.M.)
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman
Kaywood, 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. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's insurance Carrier or the self-insurance administrator and the Applica-
tion to Present Late Claim was denied:
a. Claim submitted by Paul Al~auter, aka Paul Williams for damages purportedly
sustainted as a result of arrest without probable cause and actions by Anaheim
Police on or about July 17, 1978.
b. Claim submitted by Rose Alcauter for damages purportedly sustained as a re-
sult of actions by Anaheim Police on or about July 17, 1978.
c. Claim submitted by Jeanette T. Babel for damages purportedly, sustained as a
result of actions by Anaheim Police 0~ or about July 26, 1978.
d. Claim submitted by Gail Beckman, Harris Beckman and Colleen Beckman for
personal injuries and property damages purportedly sustained as a result of an
accident involving a City-owned vehicle ion or about August 1, 1978.
e. Claim for damages to vehicle purportedly sustained as a result of a traffic
accident caused by traffic signal malfunction on or about July 15, 1978.
f. Claim submitted by Robert Crain for damages purportedly sustained as a
result of power surge caused by faulty installation of electrical service on
or about October 12, 1978.
78-1530
~ity Hall, Anaheim, California . COUNCIL MINUTES - November 14, 1978, 1:30 P.M.
g. Claim submitted by'-Fdundation Publications, Inc. for damages purportedly sus-
tained as a result of power stoppage which damaged postage meter on or about
October 13, 1978.
h. Claim submitted by Bertha Harvell for damages to vehicle purportedly
sustained as a result of using gate too narrow to accommodate van upon
exiting Anaheim Stadium on or about October 21, 1978.
i. Claim submitted by Farnum James Holmes for personal injuries purportedly
sustained as a result of actions by Anaheim Police on or about July 19, 1978.
j. Claim submitted by Regina Szekley for damages purportedly sustained as a
result of electrical outage causing food spoilage on or about September 24, 1978.
k. Claim submitted by Mrs. E.C. Mooney for damages purportedly sustained as
a result of power failure causing food spoilage on or about September 24, 1978.
1. Claim submitted by Mrs. Agustina C. Madrigal for personal injuries purportedly
sustained as a result of being struck by a City-owned vehicle driven by a City
employee in a crosswalk at Harbor Boulevard and Vermont Street on or about
August 8, 1978.
m. Claim submitted by Margaret A. Parolisi for damages purportedly sustained
as a result of power failure causing food spoilage on or about September 24, 1978.
n. Claim submitted by James Henry for property damage purportedly sustained as
a result of broken power line on or about September 26, 1978.
o. Claim submitted by Richard Sailer for personal injuries purportedly suso
rained as a result of actions hy Anaheim Police on or about September 24, 1978o
P. Application for Aeave to Present Late Claim submitted by Employee Benefits
Insurance Company on behalf of Luis Martinez, insured, for personal injuries
purportedly sustained as a result of an accident involving a City-owned vehicle
on or about March 22, 1978.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 105:
b. 107:
c. 105:
d. 156:
Councilman Kott was temporarily absent.
MOTION CARRIED.
Community Services Board - Minutes of Ootober 25, and NoVe~ber 1, 1978.
Planning Department, Building Division - Monthly report for October 1978.
Community Services Board - Minutes of October 12, 1978.
Police Department - Monthly report for October 1978.
Councilman Seymour was absent.
78-1531
City Hall~ Anaheim~ California - COUNCiL MINUTES - Nov-mher 14, 1978, 1:30 P.M.
CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution No. 78R-735 through
78R-739, both inclusive, for adoption in accordance with the reports, recommenda-
tions and certifications furnished each Council Member and as listed on the Con-
sent Calendar Agenda. Refer to Resolution Book.
158: RESOLUTION NO. 78R-735: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DE-~DS AND ORDERING THEIR RECORDATION. (G.L. Lewis
Co., The Prudential Insurance Co. of America; Deldun Properties; James A.
Bradley, et ux.; Lakeview Plaza Investment Co., Ltd.; Stadium Properties,
Berkeley Square Associates; Richard Co Hunsaker, et UXo; Kenneth Tolman, et ux.;
Rex L. Couch, et al.; Gerald E. Huff, et al.)
169: RESOLUTION NO, 78R-736: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: HELENA STREET
STREET IMPROVEMENT AND SECURITY PACIFIC BANK STORM DRAIN, LINCOLN AVENUE TO
N/0 CHESTNUT STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-2270.
APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE
CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT
IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE
CONSTRUCTION THEREOF. (Bids to be opened on December 14, 1978 at 2:00 P.M.)
176: RESOLUTION NO. 78R-737: 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. (78-2A, portion of Fee Ann Street,
south of La Palma Avenue, Public Hearing set for December 5, 1978, 3:00 P.M.)
169: RESOLUTION NO, 78R-738: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT LABOR,
SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING
POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT
AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: REPLACEMENT OF INCAN-
DESCENT STREET LIGHTS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM, ACCOUNT
NO. 50-4870-622-55-6994, AND/OR ACCOUNT NO. 24-677-6325=69940-3730.
(Smith Electric Company)
151: RESOLUTION NO~ 78R'~739~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT TO ENCROACH
UPON STREET EASEMENT WITH ANAHEIM SAVINGS AND LOAN ASSOCIATION. (78-1E, north
side of Canyon Rim Road in Tract No. 9933)
Roll Call Vote:
AYES:
NOES:
ABSENT:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Roth and Kaywood
None
Seymour
Kott
The Mayor Pro Tem declared Resolution Nos. 78R-735 through~,,78R_739 both inclusive,
duly passed and adopted. ,
78-1532
City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1978, 1:30 P.M.
Councilman Kott returned to the Council Chamber. (2:37 P.M.)
CITY PIANNING COMMISSION ITEMS: The following actions taken by the City Planning
Commission at their meeting held October 23, 1978, pertaining to the following
applications were submitted for City Council information.
1. RECLASSIFICATION NO. 78-79-8 AND CONDITIONAL USE PERMIT NO. 1885: Submitted
by Alban and Bernadine Holtz, for a change in zone from Rs-A-43,000 to CL, to
permit a drive-through restaurant on property located at the southwest corner
of Lincoln Avenue and Rio Vista Street.
The City Planning Commission, pursuant to Resolution Nos. PC78-241 and PC78-242,
granted Reclassification No. 78-79-8 and Conditional Use Permit No. 1885,
respectively, and granted negative declaration status.
2. RECLASSIFICATION NO. 78-79-9~ VARIANCE NO. 3039~ TENTATIVE MAP NO. 10476
AND EIR NO. 219: Submitted by Sand Dollar Development Co., Inc., for a change
in zone from CG to RM-1200, to establish a 50-lot, 249-unit subdivision on
property located north of Chapman Avenue east of Harbor Boulevard with certain
code waivers.
Reclassification No. 78-79-9, Variance No. 3039, Tentative Map No. 10476 and
EIR No. 219 were withdrawn by the Petitioner.
3. VARIANCE NO. 3047 - APPROVAL OF REVISED PLANS: Submitted by Lee O. Webb,
requesting approval of revised plans to permit a motel on C-R property located
at 2050 South Harbor Boulevard.
The City Planning Commission approved said revised plans for Variance No. 3047.
4. VARIANCE NO. 3050: Submitted by WS-Anaheim, to permit a mobile snack bar
trailer on C-R zoned property located at 888 South West Street with a waiver
of permitted structure.
The City Planning Commission, pursuant to Resolution No. PC78-245, granted
Variance No. 3050 and ratified the Planning Director's categorical exemption
determination.
5. VARIANCE NO. 3058: Submitted by Amelia P. White, to permit an office trailer
on RS-A-43,000 zoned property located at 3605 West Ball Road, with a waiver of
permitted structure.
The City Planning Commission, pursuant to Resolution No. PC78-248, granted
Variance No. 3058 and ratified the Planning Director's categorical exemption
determination.
6. CONDITIONAL USE PERMIT NO, 1864: Submitted by Raymond G. and Estelle K.
Spehar and Marcia Ann Halligan, to expand a drive-through restaurant on CL
(SC) zoned property located at 5701 East La Palma Avenue with a waiver of
minimum number of parking spaces.
Conditional Use Permit No. 1864 was withdrawn by the Petitioner, and negative
declaration status was granted.
78-1533
.City Hall, Anaheim, California - COUNCIL MINUTES - November 14~ 19781 1:30 P.M.
7. CONDITIONAL USE PERMIT NO, 1899: Submitted by Lakeview Plaza Investment Co.,
Inc., to permit a veterinary hospital on CL (SC) zoned property located at
426 Lakeview Avenue.
The City Planning Commission, pursuant to Resolution No. PC78-240, granted
Conditional Use Permit No. 1899 and ratified the Planning Director's categorical
exemption determination.
8. 179: ALUMINUM CAN COLLECTION; Submitted by Richard W. Thomas, requests
clarification of permitted accessory uses and structures to determine if aluminum
can collection machines are permitted in certain commerciaI zones.
The City Planning Commission determined that a Conditional Use Permit be required
for said use.
The following items, 1 through ~ weme removed from the Planning Commission
Calendar by Mayor Pro Tem Kaywood and Councilman Kott for discussion and ques-
tions, following which, no further action was taken by the Council:
1. RECLASSIFICATIONNO, 78-79-14 AND VARTANCE NO. 3054: Submitted by
Siewart Land Company,~ for a change in zone from RS-A-43,000 to RM-1200, to con-
struct an 85-unit apartment complex on property located at 1803 South Ninth Street
with certain code waivers.
The City Planning Commission, pursuant to Resolution Nos. PC78-243 and PC78-244,
granted Reclassification No. 78-79-14 in full and Variance No. 3054 in part and
granted negative declaration status.
2. VARIANCE NO, 3055: Submitted by Paul F. Schlue, to convert an existing
single-family residence into industrial use on ML zoned property located at
1152 North Kraemer Boulevard, with waiver of minimum front structural setback°
The City Planning Commission, pursuant to Resolution No. PC78-246, granted
Variance No. 3055 and ratified the Planning Director's categorical exemption
determination.
3. CONDITIONAL USE PERMIT NO, 1888: - APPROVAL OF PRECISE PLANS: Submitted
by Howard ThompsOn, requests approval of 'precise plans, to permit business offices
and restaurants in am industrial complex. (1212 North Magnolia)
The City Planning Commission approved Conditional Use Permit No° 1888o
4. LAFCO APPLICATIONS: Submitted by Bauer Ranch/Vista. Del Rio, 'applications
for annexation to City of Anaheim (Santa Ana Canyon No. 7 Annexation) and for in-
corporation of a proposed city, respectively, to the Local Agency Formation Commission.
Mr. Phil Schwartze, Assistant Director for Planning, pointed out that the item was
submitted to the Planning Conm~lssion to elicit their opinion of both the Bauer
Ranch requested annexation and the proposed incorporation of Vista Del Rio. After
review, they stated it was premature to give an opinion because at the time, the
City had not receive d the ~iR and other documents which were prepared. They
indicated that when the Planning Department received that documentation, it should
be submitted to them. The Planning Department was going to return to the Planning
* No action was taken on the foregoing items, thus the actions of the City Planning
Commission became final.
78-1534
.City Hall, Anaheim~ California - COUNCIL MINUTES - November 14~ 1978~ 1:30 P.M.
Commission on 11/20/78 with a report of the proposed actions in front of LAFCO
and subsequently they would be back to the Council on 11/28/78 requesting Council's
recommendation relative to the annexation and the incorporation which would then
allow staff to take the appropriate action at LAFCO.
RECLASSIFICATION NO. 73-74-55 (8) - APPROVAL OF SPECIFIC PLANS: Submitted by
Funding Resources, Inc., requesting approval of specific plans, proposed CL
zoned property located at 1151 North Magnolia Avenue, to establish a planned com-
mercial "park" adjacent to an industrial tract.
On motion by Councilman Kott, seconded by Councilman Overholt, specific plans were
approved relative to Reclassification No. 73-74-55 (8). Councilman Seymour was
absent. MOTION CARRIED.
142/170: AMENDMENT TO TITLE 17 - GRADING, EXCAVATION,AND FILLS IN HILLSIDE AREAS:
Amendment to Section 17.06.180.030 pertaining to ~inal lot drainage certification.
After staff answered questions posed by Councilman Kott for clarification, Council-
woman Kaywood offered Ordinance No. 3942 for first reading.
ORDINANCE NO. 3942: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
17.06.180.030 TO CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO GRADING OF LOTS. (final lot drainage)
129: ORDINANCE NO. 3936: Councilwoman Kaywood offered Ordinance No. 3936 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 3936: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6,
CHAPTER 6.40 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 6.40 055
RELATING TO FIREWORKS. '
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kott, Roth and Kaywood
None
Seymour
ORDINANCE NOS.. 3937 THROUGH 3941: Councilman Roth offered Ordinance Nos. 3937
through 3941, inclusive, for adoption. Refer to Ordinance Book.
ORDINANCE NO. 3937: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-48, CL)
ORDINANCE NO. 3938: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-14 (3), RS-HS-22,000)
ORDINANCE NO. 3939: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-36, CL)
ORDINANCE NO. 3940: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-6, CL)
78-1535
City Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1978, 1:30 P.M.
ORDINANCE NO. 3941: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-7, CL)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Roth, Kott and Kaywood
None
Seymour
The Mayor Pro Tem declared Ordinances 3937 through 3941, inclusive, duly passed
and adopted.
ORDINANCES FOR FIRST READING: Councilman Roth offered Ordinance Nos. 3943
through 3945, both inclusive, for first reading.
149: ORDINANCE NO. 3943: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.272 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO
SUBSECTION .180 RELATING TO NO PARKING DURING SCHOOL HOURS. (Vallejo Drive, both
sides, from Loma Linda Street to Western Avenue)
108: ORDINANCE NO, 3944: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4,
CHAPTER 4.31, SECTION 4.31.040.020 RELATING TO FIGURE MODEL STUDIO ESTABLISHMENTS.
ORDINANCE NO, 3945: AN ORDINANCE OF THE CITY OF ANAHEIM AF~ENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-1 CL)
124: DEMONSTRATION BY SOUTHERN CALIFORNIA ALLIANCE FOR SURVIVAL AT CONVENTION
CENTER: Councilman Roth reported that when he was at a ribbon cutting ceremony
at the Convention Center earlier in the day, he was disturbed to note the large
number of people who were demonstrating on the property at the Center against
the military weapons exhibit. He recalled that several weeks prior when the
Council received a request from the Southern California Alliance for Survival
for permission to demonstrate on the property, they were denied that permission.
City Attorney Hopkins explained that the Council did not take any action on the
permission for the group to picket or demonstrate in front of the Convention
Center, but that there could actually be no permit granted to block the entrance
to the Convention Center because it would be a violation of the Penal Code.
He had spent the prior day in Superior Court on a Petition and Complaint that
had been filed by the Alliance for Survival through the American Civil Liberties
Union (ACLU) attempting to obtain a Temporary Restraining Order to restrain
Anaheim from interfmring in any way with the demonstration. Judge Schwab
heard the case and also the City's objection and decided not to issue' the
Temporary Restraining Order on the premise and promise tha~ the City would not
interfere with a lawful demonstratio% providing the demonstrators did not block
the entrance to the Convention Center or in any way impair the operations of
the Center. In the Court's opinion, they were exercising their First Amendment
rights. Mr. Hopkins had a Deputy City Attorney with the Police Department at
the Convention Center to advise them in accordance with the Judge's instructions.
The Judge kew the Restraining Order on his desk and if any claim was received
by the ACLU that the rights of the group were being interfered with, he would
issue and sign the Restraining Order.
78-1536
City ,Hall, Anaheim, California - COUNCIL MINUTES - November 14, 1978, 1:30 P.M.
Upon questioning by Councilman Overholt, Mr. Hopkins further explained that the
Convention Center Manager had the prerogative to determine what would or would
not interfere with the operation of the Convention Center. If he determined
that the grass would be endangered or other damage would be done and subsequently
advised the group that they were violating the Penal Code, the police would act
accordingly.
105: NEW CANYON TASK FORCE: Mayor Pro Tem Kaywood referred to the Council's
previous decision to form a new Task Force in the Canyon. That Task Force
should consist of the following: Wallace Ranch, Bauer Ranch and Anaheim Hills
each to appoint a member; the Planning Commission, 3 members; and HACMAC, 3
members; and she was to be the Council representative. Items for discussion of
the Task Force would be: grading, hiking and riding trails, and Homeowner's
Associations - the~ composition, insurance matters and maintenance of slope
areas.
171: MOBILE HOMES - TAXATION TO LOCAL AREA INSTFAD OF MOTOR VEHICLE TAX:
Mayor Pro Tem Kaywood asked the City Attorney what needed to be done to look
into the matter of mobile homes being taxed to the local area instead of through
the Motor Vehicle tax as discussed the prior week.
City Attorney Hopkins stated that thmy would research the matter,.hut he believes
it was going to require legislati~m action in Sacramento. He would submit a
recommendation on the matter.
Mayor Pro Tem Kaywood asked if coaches would have to be off their wheels and
permanent to be considered local property?
Mr. Hopkins stated it would be difficult to say it was local if the wheels were
still intact. It would have to be redefined as to what was or was not a
mobile home, and it would also be necessary for the State to look upon the
matter as a local affair.
ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded
the motion. Councilman Seymour was absent. MOTION CARRIED.
Adjourned: 3:10 P.M.
LINDA D. ROBERTS, CITY CLERK