1977/02/0177-95
Hall, Anaheim~ California - COUNCIL MINUTES - February 1, 19~.7~1;30 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
EXECUTIVE DIRECTOR: Norman Priest
ASSISTANT DIRECTOR - PLANNING: Phillip Schwartze
PLANNER: John Anderson
CITY ENGINEER: James P. Maddox
ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti
PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth
TRAFFIC ENGINEER: Paul Singer
PLANNER: William Cunningham
INVOCATION:
Invocation.
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
Reverend Randy Rhoades of the Melodyland Hotline Center gave the
FLAG SALUTE: Councilman John Seymour led the Assembly in the Pledge of Allegiance
to the Flag.
MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes
of the regular meeting held November 23, 1976, were approved subject to typographical
corrections and minutes of the regular meeting held November 30, 1976 were approved
with corrections. MOTION CARRIED. '
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions, and that consent to
the waiver of reading is hereby given by all Council Members unless, after reading
of the title, specific request is made by a Council Member for the reading of such
ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $904,981.31, in accordance with
the 1976-77 Budget, were approved.
CERTIFICATE OF COMPLETION: Mr. Alan Siegel, Director, Division of Community Develop-
ment and Management Research, Department of Housing and Urban Development (HUD),
Washington, D.C., presented to Mayor Thom and the City a Certificate of Completion on
the City's Innovative Municipal Energy Management Program. He also read a letter
dated January 31, 1977, from Jerry J. Fitts, Acting Assistant Secretary of HUD
co~nending the City-as well as its leadership including Project Director Dr. Owen
Griffith, relative to the successful completion of the Innovative Projects F..ogram.
The Mayor, in turn, welcomed Mr. Siegel on behalf of the City and presented him with
a replica of the "Big A".
77-96
City Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1977~ 1:30 P.M.
BURR!S SAND PIT AND FIVE COVES PROJECT AREA - JOINT FUNDING AGREEMENT: Council-
man Kott offered Resolution No. 77R-56 for adoption, as recommended in memorandum
dated January 21, 1977, from James Ruth, Director of Parks, Recreation and the
Arts Department. Refer to Resolution Book.
RESOLUTION NO. 77R-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF A JOINT FUNDING AGREEMENT WITH THE ORANGE
COUNTY FLOOD CONTROL DISTRICT AND THE ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT, ORANGE COUNTY WATER DISTRICT AND THE COUNTY OF ORANGE IN CONNECTION
WITH A STUDY OF BURRIS SAND PIT AND FIVE COVES PROJECT AREA AND AUTHORIZING THE
MAYOR AND CITY CLEP~ TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM
AND RESCINDING RESOLUTION NO. 76R-628.
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. 77R-56 duly passed and adopted.
PRIORITY PLAN - NEJEDLY-HART ACT (PROPOSITION NO. 2): Councilwoman Kaywood offered
Resolution No. 77R-57 for adoption, as recommended in memorandum dated January 25,
1977, from the Director of the Parks, Recreation and the Arts Department. Refer
to Resolution Book.
RESOLUTION NO. 77R-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ENDORSING THE PRIORITY PLAN FOR EXPENDITURES FOR JURISDICTIONS WITHIN THE COUNTY
OF ORANGE FROM THE NEJEDLY-HART STATE, URBAN AND COASTAL PARK BOND ACT OF 1976.
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. 77R-57 duly passed and adopted.
CANJON SITE NO. 2 DEVELOPMENT, PHASE ONE, W.O. NO. 882, ADDITIONAL WORK: On motion
by Councilwoman Kaywood, seconded by Councilman Roth, additional work was authorized,
approving the expenditure of $24,817.00 from the remaining balance of funds, on Work
Order No. 882, Canyon Site #1 Development, Phase One (Park at Pinney and Gerda Drives)
as recommended in memorandum dated January 26, 1977, from the Director of Parks,
Recreation and the Arts Department. MOTION CARRIED.
AMENDMENT TO CETA PSE SUBGRANT AGREEMENT: (City of Anaheim and the Orange County
Community Development Council) City Manager Talley referred to report dated
January 26, 1977, from the Personnel Director wherein Mr. McRae recommended a
change in the term of the subject agreement from July 1' 1976 through September 30,
1977, and to provide an increase of funding of $3,931.00, from $9,639.00 to a new
level of $13,570.00.
77-97
City Hall, Anahei~z_California _ COUNCIL MINUTES - Februar~ P.M.
City Attorney Hopkins pointed to two corrections as follows: Page one, line three,
date change from the 25th day of June, 1976, to the 1st day of February, 1977,
and Page two, line six, date change from the 25th day of June, 1977
day of June, 1976. , to the 25th
Councilman Kott directed several questions to City Manager Talley relativm to the
CETA Program. ~lthough Councilman Kott was not opposed to the program he stated
he was looking at it from the axpayers view and was of the opinion it may not be
t ~ ~
cost effective.
Councilman Thom offered Resolution No. 77R-58 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 77R-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THETERMS A~D CONDITIONS OF.AN AMENDMENT TO AGREEMENT WITH ORANGE
COUNTY COMMUNITY DEVELOPMENT COUNCIL, INC. PROVIDING FOR AMENDMENT OF THE
TERM THEREOF. '
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R-58 duly passed and adopted.
AMENDMENT TO CETA PSE SUBGRANT AGREEMENT: (City of Anaheim and Magnolia Elementary
School District) City Manager Talley ~e~erred to report dated January 26, 1977, fror
Personnel Director McRae wherein he recommended a change in the term of the subject
agreement from July 1, 1976, to September 30, 1977.
City Attorney Hopkins pointed to two corrections as follows: Page one, l~ne three,
date change from the 25th day of June, 1976, to the 1st day of February, 1977, and
Page two, line seven, date change from the 25th day of June, 1977, to the 25th day
of June, 1976.
Councilwoman Kaywood offered Resolution No. 77R-59 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 77R-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
'APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH MAGNOLIA'
ELEMENTARY SCHOOL DISTRICT PROVIDING FOR AMENDMENT OF THE TERM THEREOF.
Roll Call Vote:
AYES: COUNCIL MF2~BERS: Kaywood, Seymour, Roth and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R-59 duly passed and adopted.
?7-98
City Hall, Anaheim~ California - COUNCIL MINUTES - February 1, 1977~ 1:30 P.M.
HOUSING REHABILITATION COUNSELOR CLASSIFICATION: Councilwoman Kaywood offered
Resolution No. 77R-60 for adoption, as recommended in memorandum dated January 21,
].977, from Personnel Director McRae. Refer tO Resolution Book.
RESOLUTION NO. 77R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING A NEW JOB CLASSIFICATION AND AMENDING RESOLUTION NO. 76R-681, PERTADN-
lNG TO SOME UNREPRESENTED CLASSIFICATIONS.
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. 77R, 60 duly passed and adopted.
PLANNING REPORT -.ROBIN., .WREN, BLUE JAY, CHEVY CHASE APARTMENT AREA: 'Mr. Phillip
Schwartze, Assistant Director of Planning, and Mr. John Anderson, Planner, showed
slides of the subject area and briefed the Council of their extensive report dated
January 19, 1977, (on file in the City Clerk's Office) which included the following
attachments: (1) Figure 1, concept parking plans; (2) Attachement 1, initial
study report dated December 30, 1975; (3) Attachment 2, action to date and (4)
Attachment 3, resident questionnaire. The report and presentation was a result
of Council's direction to the Planning Department staff to explore possible solu-
tions to problems posed by area residents on December 9, 1975, relative to parking,
sanitation and storage problems and was a follow-up to the initial study report.
Their final recommendations were, a) concentrated Code enforcement program,
b) occupancy control permit program, c) parking plan and d) a neighborhood self-
help association.
Relative to the parking plan, Mr. Anderson pointed to two adjacent empty lots to
the rear of 912 and 916 Robin Place which would provide approximately 35 parking
spaces and indicated that the two owners were willing to explore an equitable
arrangement for such development.
Discussion between Council and staff followed relative to the report and the pre-
vailing conditions in the area.
Councilwoman Kaywood commended both Mr. Schwartze and Mr. Anderson for their in-depth
report.
The Mayor asked if there were any residents of the area who wished to be heard.
Mr. Nick Miraglia, owner of the property at 916 Robin Place, and a representative
of the homeowners and residents of the area, presented a petition signed by approx-
imately 71 residents asking for the City's assistance to relieve the parking problem
in the area which assistance would also help in the related areas of street mainte-
nance and sanitation. Mr. Miraglia elaborated on the unsightly and unsanitary
conditions relative to inadequate trash bins and the inaccessability to alleviate
the problem mainly because of inadequate parking. Relative to the use of his pro-
perty (the empty lot to the rear of his four units), Mr. Miraglia stated that it
77-99
City Hall~ Anaheim~...California _ COUNCIL MINUTES - February 1, 1977~ 1:30 P M.
could be used to alleviate the parking problem, but he was financially unable to
develop it on his own without assistance such as a low cost loan. He was not
willing to donate the property as suggested 'by Councilwoman Kaywood.
Councilman Roth was ~of the opinion that if Mr. Miraglia and other property owners
were concerned about improving their property, which would increase its value,
that they would not only donate it, but also contribute funds toward paving the
area.
Mr. Miraglia emphasized that if he did get some assistance, he could improve
the property on his own and utilize it to relieve his part of the parking problem
and also relocate his trash container.
Mr. Brian LeBarbara, owner of the property at 912 Robin Place, indicated that the
property to the rear of his apartments was almost of no use to him because of its
inaccessability and when he was approached with the idea of using it as a parking
are% he was very agreeable and further suggested donating the property, if it came
to that, to provide the badly needed parking.
Mr. LeBarbara's main concern was the inadequate trash facilities for his tenants
and the inability to be able to provide additional containers because there was
no space available to do so as a result of the inadequate parking.
Councilman Seymour reiterated the problems of parking, sanitation, unsanitary/un-
healthy and in actuality illegal living conditions existing in the entire neigh-
borhood. It. was his opinion that working out a reasonable relationship with the
two property owners relative to utilization of the vacant lots for parking would
only alleviate part of the problem. He was concerned, however, that only two
property owners had come forward indicating their desire to work with the City. He
proposed that the neighborhood self-help association was the proper starting point
and that government should not go in and dictate or force programs upon the neigh-
borhood without their concurrence and leadership. Instead, the self-help associa-
tion should come before the Council and ask the City to play a Specific role relative
to the recommendations presented to them.
Councilman Seymour spoke to the proposals made by the Planning Department: Concen-
trated Code enforcement program - must be instituted but suggested instead that it
emanate from the neighborhood as opposed to sending a squad of building inspectors
into the area thereby, creating havoc; Occupancy Permit Program - although such a
program might be viable for this particular neighborhood, he was concerned that it
would lead to the creation of additional bureacracy, staff and expense to which he was
opposed, and the situation had not deteriorated to the point where that was a necessity~
Parking Plan - the suggestions presented were reasonable and something that would
have to be worked out.
In summary, Councilman Seymour stated that it was not possible to solve all of the
existing problems by putting into effect the four recommended proposals but that
it was a matter of going from property to property to do s°. If Council representa-
tion was requested, he also volunteered to meet with all interested people in the
neighborhood in their community where staff could make their presentation.
77- 100
~ity Hall, Anaheim~.California - COUNCIL MINUTES - February 1, 1977~ 1:30 P.M.
On motion by Councilman Seymour, second.ed by Councilwoman Kaywood, staff was
instructed to assist in setting up a Neighborhood Self-Help Association to
subsequently meet with staff to review recommendations and then present to
Council their specific programs for solving the problems of their neighbor-
hood. MOTION CARRIED.
RENOVATION OF POLICE PISTOL RANGE: On motion by Councilman Kott, seconded by
Councilman Roth, preliminary plans and cost estimate ($88,196.00) for the reno-
vation of the Police pistol range were approved, as recommended in memorandum
dated December 22, 1976, from the Chief of Police. MOTION CARRIED.
-ACCEPTANCE OF EASEMENT DEED AND AGREEMENT: (Cerritos Avenue at Southern Pacific
Railroad crossing east of Lewis Street) Councilman Kott offered Resolution No.
77R-61 for adoption as recommended in memorandum dated January 26, 1977, from
the City Engineer. Refer to Resolution Book.
RESOLUTION NO. 77R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING AN EASEMENT DEED FOR STREET, HIGHWAY, SLOPE AND DRAINAGE PURPOSES.
(Southern Pacific - Mile Post BM-512.75-C(N)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL M~MBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-61 duly passed and adopted.
LOT LINE ADJUSTMENT - ORANGETHORPE EAST OF STATE COLLEGE BOULEVARD: (Richard C.
and Virginia A. Hunsaker) Councilman Roth offered Resolution No. 77R-62 for
adoption as recommended in memorandum dated January 24 1977 by the City Engineer.
Refer to Resolution Book. '
RESOLUTION NO. 77R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT TO LOT
LiNE ADJUSTMENT PLAT MARKED EXHIBIT "A" AND ATTACHED HERETO.
Roll Call Vote:
AYES:
NOES:
B~SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-62 duly passed and adopted.
ORDINANCE NO. 3648: Councilman Kott offered Ordinance No. 3648 for first reading.
ORDINANCE NO. 3648: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NO PARKING ANY TIME.
(portions of Lemon Street and Santa Ana Canyon Road, both sides, between ECL and
Nohl Ranch Road)
77-101
City. Hall, Anaheim, California - COUNCIL MINUTES -February. i~. 1977~ 1:30 P.M.
KENNETH G. OSBORNE~ GEOTECHNICAL INVESTIGATION FOR GAYMONT STORM DRAIN: City Manager
Talley referred to memorandum dated January 20, 1977, from the City Engineer recom-
mending that the City Council authorize the issuance of a purchase order to Kenneth
G. Osborne and Associates in the amount of $770.00 for geotechnical investigation for
the Gaymont Storm D~ain, said cost to be financed in accordance with the terms of the
Grant offer from the Economic Development Administration. ~
Councilman Kott noted a correction on page 2, line 10, of the accompanying agree-
ment changing the capital "P" to a small "p" and the small "h" to capital "H" (pH
instead of Ph) relative to pH values.
Councilman Roth offered Resolution No. 77R-63 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 77R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF'AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH KENNETH G. OSBORNE & ASSOCIATES, AND AUTHORIZING AND DIRECTING THE ~AYOR
AND CITY CLERK TO EXECUTE SAID AGREEMENT.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-63 duly passed and adopted.
Councilman Seymour left the Council Chamber (2:38 P.M.).
AUTHORIZATION FOR SALE OF CITY-OWNED PROPERTY: (Portion of S.A.V.I. Canal -
Tract No. 9206) City Manager Talley referred to report dated January 26, 1977
from the City Engineer recommending approval of the request by Mr. Taylor B. Grant
to purchase City-owned property comprised of a portion of the former Santa Ana
Valley Irrigation ~hannel located south of Santa Ana Canyon Road, easterly of
Anaheim Hills Road, in the amount of $2,857.
Council discussion followed relative to the price per square foot which was set
at 45¢. Mr. Talley explained that the price was established on October 5, 1976,
as the sale price for another portion of the property adjacent to the north boundary
of the subject tract.
Councilman Seymour returned to the Council Chamber (2:42 P.M.).
Mr. Taylor B. Grant, Grant Warmington Builders, 18092 Sky Park South, Irvine,
indicated that he met with the Real Property section 9 months prior after the
property was examined and determined the price of 30¢ a square foot to be a
fair one based on Other properties that were being sold in the area. Since
that time, he explained that Mr. Butler (Butler Housing Corporation) was proceeding
with his tract and established a new standard of 45¢ per square foot so Warmington al-
so raised their offer to 45¢. He further explained that the property would be cured ax
a storm drain system installed; therefore, there would be a storm, drain easement over
77- 102
_C. ity Hall, Anaheim, California - COUNCIL MINUTES - February ..1, 1977., 1:30 P.M.
large portion of the property and 9 additional feet of the property would be
given back to the City as a horse trail easement. He considered the price of
45¢ a square foot to be equitable considering the fact that portions of the
property were being turned back to the City, a condition that was imposed
upon them, however, at their request on the original tentative tract.
Councilman Kott offered~ Resolution No. 77R-64 for adoption. Refer to esolution
R ~
Book.
RESOLUTION NO. 77R~64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
SELLING CERTAIN CITY-OWNED REAL PROPERTY (S.A.V.I.CANAL) AND AUTHORIZING THE
b~YOR AND CITY CLERK TO EXECUTE A GRANT DEED THEREFOR.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood~ Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R-64 duly passed and adopted.
Councilman Seymour explained that his abstention was due to the fact he heard
only half of the foregoing testimony.
REPORT - PEDESTRIAN OPENINGS IN WALL NORTH SIDE OF GLENOAKS AVENUE AT FErN AND
N'd~OOD STREETS: Relative to report dated January 21, 1977, from the City Engineer,
City Manager Talley indicated that it would be appropriate to set the subject matter
for a public hearing if the Council considers it appropriate to construct the Openings.
In answer to Councilwoman Kaywood, City Engineer Maddox indicated there was mixed
response to their questionnaires as to whether or not pedestrian openings should
be provided in the Glenoaks Avenue wall.
Marietta Jungkeit, who lived on Glenoaks, indicated that there was a problem with
young people trying to gain access to schools on La Palma and she would not be
opposed to pedestrian walkways if steps were constructed as recommended to preclude
the use of the walkways by motorcycles and bicycles. She commented that to her
knowledge very few people were notified of the fact that construction of these
pedestrian openings was to be considered.
The Mayor confirmed that the decision to be made at the meeting was whether or
not a public hearing should be set relative to the construction of the proposed
openings in the wall.
Mrs. Jungkeit stated that at one time she thought it was a good idea and, in fact,
was instrumental in getting the community management to request such action. She
further stated, however, that she had since changed her mind and was now opposed
to the construction of the openings. Since the wall was repaired, there was less
foet traffic and the problem no longer existed.
77-103
C_ity Hall, Anaheim., California - COUNCIL MINUTES - February 1, i.977, !..:30 P.M.
Councilwoman Kaywood was of the opinion that not enough people knew that the
matter was scheduled for consideration and a public hearing would give an ex-
pression of the sentiment of the community. Mayor Thom expressed the opinion
that conversely it was an expression of insufficient interest in having the
openings constructed~
On motion by Councilman Kott, seconded by Councilman Thom, report dated January 21,
1977, by the City Engineer relative to pedestrian openings in the wall along th4
north side of Glenoaks Avenue at Fern and Nutwood Streets, was received and filed.
bIOTION CARRIED.
RIGHT OF WAY CERTIFICATION - FAIRMONT BQULE.VARD, A.H.F.P. NO. 837: On motion by
Councilman Thom. seconded by Councilman Roth. authorization for execution of the
Right of Way Certificate for A.H.F.P. No. 835, Fairmont Boulevard, Riverside Free-
way to 800 feet north of Santa Ana'Canyon Road, was approved as recommended in memo-
randum dated January 25, 1977, from the Utilities Department. MOTION CARRIED.
CHANGE ORDER TO LA JOLLA STQR~... D_RAIN CONTRACT - WORK ORDER NO, ~86: (Contractor,
Val Verde Construction, Inc.) On motion by Councilman Roth, seconded by Council-
man Thom, authorization for a change order to La Jolla Storm Drain contract, Work
Order No. 886 in the amount of $14,000.00 was approved as recommended in memorandum
dated January 25, 1977 from the Utilities Department. MOTION CARRIED.
CITY-OWNED PROPERTY - 460 NORTH MARIPOSA: (Barrigan) City Attorney Hopkins
explained that he received a letter from Mr. William Ranney, Broker, handling
the sale of the subject property requesting an extension to the scheduled escrow
closing (January 29, 1977) to February 25, 1977. The extension was requested
because of the difficulty experienced in financing the sale. However, Mr. Ranney
indicated he had the name of another lender which he had furnished the City.
On motion by Councilman Seymour, seconded by Councilman Thom, the period of escrow
on the property at 460 North Mariposa was extended to no later than February 25,
1977. MOTION CARRIED.
RECESS: By general consent, the Council recessed for five minutes (2:55 P.M.).
AFTER 'RECESS: Mayor Thom called the meeting to order, all Council Members being
present (3:00 P.M.).
PUBLIC HEARING - GENERAL ALIGNMENT, LINCOLN AVENUE: To consider the general align-
ment of the proposed realignment and widening of Lincoln Avenue and various other
streets in the Redevelopment Project Alpha Area.
Prior to proceeding, Councilman Roth stated that on August 24, 1965, before Project
Alpha was established, he purchased property at 1000 East Lincoln Avenue now located
within the Project's boundaries. Due to this fact and upon advice of the City Attorney,'
Councilman Roth abstained from discussion and voting on this matter.
Councilman Roth left the Council Chamber. (3:05 p.m.)
77- 104
'1'1~, City I'l;mnlng Commis.~;i~m, l~ursu;mt to their nllgnment repr~rt dated January [7,
1~)77, d~,t(,rm[n~,d that th(' ~'.vironmentnl Impact related to the construction and
t.~t;~l lat[m~ ~f [he p~lbli~' impr~vem~mt~ contemp]ated in the "General Alignment
R~'l~,rt I"~r Thc. I'rop(~s~,d R~.;,I ignm~,nt And Widening Of I. incoln Avenue And Various;
Oll~r Streuts" was consid~,r~,d und~r the clre.m~tance~ presented tn the final
i",nvironment;~l impact R~q~,rl Nos. [40, 1~8 and ]89 and. therefore.
Environmental Imp~ct R~,p,~rl .(,~,d not be prepared; and that it is the reeommendat[em
,~1 th~ Planning Comm[sni(m that the City Council find the above referenced E[Rts
s~ presented and pr~wim~sly recommended for approval to be in conformance with
th,, Californla Environmental Q.al[ty Act and he approved by the City Council and,
I'.rtl~er. recommended nd(~ptlon of the above outlined realignments and w[denin~
strew, ts (as listed in an exc(.rpt from the minutes of the regular meeting of the
('ily Plann[n~ Commission M. ld January ~7, 1977), including the General Alignment
Plan for the reat[gnment and widening of I. inco[n Avenue and C~ement~ne Street and
the widening of llarbor Boulevard. Anaheim Boulevard and Broad~ay.
Tl~c, City Clerk indicated that three letters had been received in opposition and
one in favor of the proposed realignment.
Hr. Bill Cunningham, Planner, explained that although the staff report included the
widening of Broadway Street, that widening would not be considered at this meeting
but instead, at some future meeting and ample notice would be given accordingly.
He then gave a brief background of the events and meetings leading up to
the proposed realignment as depicted on Plate "D", the plan which the Project Area
Committee (PAC) prepared and subsequently adopted with modifications as required
for engineering purposes.
Mr. Cunningham then briefed the Council on the documents presented under report
dated January 24, 1977, from the Community Development Department which documents
consisted of Exhibit "A", report prepared by Willdan Associates, dated January 10,
1977, describing the proposed circulation plan, entitled "General Align-
ment Report for Proposed Realignment of Lincoln Avenue and Various Other Streets";
Exhibit "B", staff.report prepared by the Planning Department for the Planning
Co~mission meeting of January 17, 1977, containing a summary of past actions by
various public bodies concerned and summarizing the proposed alignments and
widenings and; Exhibit "C", initial study of the environmental impact of the pro-
poscd realignments and widening. (Documents on file in the City Clerk's Office)
The Mayor asked if anyone wished to address the Council either in favor or in
opposition to the proposed realignment.
~e following persons spoke in opposition to the realignment of Lincoln Avenue as
well as its effect on adjacent streets for the below listed reasons: Monsignor
John Keenan, Pastor of St. Boniface Church; Mr. Dan Holden, Attorney, (Advisory
Board of St. Catherine's Military School and representative on behalf of St.
Boniface), 300 South Harbor Boulevard; Mr. Kenneth Edwards, Church of His Holy
Presence, Broadway and Helena Streets; Mr. James Layton, owner, Anaheim Book
Dragon, 100 West Lincoln; Mr. Paul Bell, 902 West Broadway; Mr. F. L. Taylor,
201 South Harbor Boulevard; Mr. Gant Eichrodt, 203 South Melrose; Mr. Edwin Petersen,
Redwood Realty; Mr. George Shields, 273 East Lincoln; Mr. Dave Garrison, Represen-
tative for Carl Karcher Enterprises; Mr. Fred Brown, 812 West Broadway; Mrs. Rose
77-105
~ity Hal.l, Anaheim~ California - COUNCIL MINUTES - February 1, 1977~. 1:30 P.M.
Deneau, 226 North Claudine; Mr. Carl Craig, 149 North Lemon Street, Mrs. Vivian
Waite, 209 North Helena; Mr. John Fermaggio, owner of the Kit Kat Club; Mr. George
Lange, 106 North Claudina Street; Mrs. Helen Lucien, 140 West Lincoln; Mr. Ronald
Roluffs, 1591 Minerva; Mr. Jolly, 105 East Olive Street.
i. Realignment of Lincoln westerly of Harbor Boulevard (between Janss Street'and
Harbor Boulevard) on the northerly side only would adversely affect St. Boniface
Church property.
2. Alignment of Harbor Boulevard north of Lincoln (between Lincoln and Cypress)
would be detrimental to the palm trees, other improvements and the Chapel at St.
Catherine's Military School.
3. The widening of Broadway Street at Helena and Broadway would be hazardous to
the congregation coming out of the Church of His Holy Presence because the side-
walk would be too narrow to accommodate those exiting from Church services.
4. No previous mention was made relative to the necessity for widening Broadway.
5. Detrimental to the sanctity of both St. Boniface Church and St. Catherine's
Chapel.
6. Widening of Broadway would cause the destruction of one of the most staid and
beautiful areas of the City and the last bastion of something real in a plastic
society.
7. Antique shop at the southwest corner of Chestnut and Harbor would be adversely
affected.
8. Realignment of Lincoln Avenue and other streets downtown does not fulfill the
stated purpose of redevelopment.
9. EIR findings not sufficient to withstand a long test.
10. No reason to realign Lincoln; waste of millions of dollars without accomplishing
anything of value.
11. No clear access to the merchants who will remain along the present alignment of
Lincoln.
12. Concerned with safety of ~ustomers exiting and entering Carl's Junior restaurant
at the corner of Broadway and Harbor due to acquisition of right-of-way.
13. An injustice to the people living in the City to consider such a large and
massive undertaking to accommodate a supermarket and drug store.
14. Many people who have been living in the City for many years would be displaced;
relocation cannot compensate for this displacement.
15. School children will be inconvenienced because of the elimination of the George
Washington School; senior citizens will not be able to park or Stop alongside of
their center.
16. Would present a problem of relocation of senior citizens as well as other
residents living in the complex at 149 North Lemon Street at comparable low rent.
17. Through streets will only facilitate people going through town instead of
stopping to shop; need for a plan that will get people to stop and patronize
businesses.
18. The Kit Kat Club would be landlocked causing the club to be put out of
business.
19. No answers as to what will happen to the merchants in the downtown area; there
will be no space for them when realignment is completed.
20. No good reason why present Lincoln Avenue has to be torn out and replaced with
a new street.
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~ity Hal.l~ Anaheim~ California - COUNCIL MINUTES -.February 1~ !.97.7~ 1:30 P.M.
21. Business at 140 West Lincoln (southside) would be affected by the taking of
the north side of Lincoln. No one will patronize the business.
22. Since Anaheim Boulevard is a State Highway, the widening of same would be
tampering with someone else's property.
23. Expenditure to accpmplish realignment not justified; whole plan put together
for the benefit of one package. '
24. Elimination of present accessible street front businesses which serve the needs
of the elderly (such as hearing aid centers) will have an adverse effect on that s~g-
ment of the community.
The following persons spoke in favor of the realignment of Lincoln Avenue and ad-
jacent streets to facilitate redevelopment for the below listed reasons: Reverend
Paul Keller, First Presbyterian Church, 310 West Broadway; Doctor Jackson, Bethel
Baptist, 310 South Lemon Street; Lewis Freedman, Hurst Jewelers, 132 West Lincoln;
Mr. David S. Collins, 1077 We~t Ball Road; Mr. Paul Kilgore, 929 East Lincoln;
Mr. Joe White, 809 West Broadway.
1. Although it will require a sacrifice on the part of some, it will be a benefit
when completed.
2. The future of downtown Anaheim is most important. If something creative is not
done, it will become a slum area in a few years and of no benefit to anyone - Churches
included.
3. The sooner redevelopment is initiated, the better.
4. Whatever is done should be done dramatically so it is attractive to investors.
The proposed realignment is the element it will take to do the job.
5. Expressed hope that each of the Council Members had the capacity to do what
is necessary to bring forth a good redevelopment to the City.
6. Downtown is a disgrace - something should be done.
The following persons spoke (not specifically in favor or in opposition) relative
to the proposed realignment and asked the below listed questions or offered comments:
Mr. Tom Watts (no address available); Mr. Edward V. Brown, 210 West Broadway; Mr.
Charles Hendricks,~2746 West Stonybrook.
1. Was widening of C]ementine to be done concurrently with the realignment of
Lincoln or thereafter?
2. What was planned for the south side of Broadway from widening - were there any
plans to come in and take the whole block?
3. Submerge LinColn - utilize multi-level parking - need to increase the amount of
people coming to downtown Anaheim.
Staff confirmed that realignment of Clementine would be done in conjunction with
the Village Center; that the south side of Broadway would be outside the boundaries
of the Project Area and the plan did not envision widening on the south side, but
only on the north side.
Mr. Gary Dysart of WiLidan Associates, Engineering Consultants to
the Agency, clarified many of the questions posed relative to specific areas of
realignment. Regarding the concerns raised by both Monsignor Keenan and Dan Holden,
Mr. Dysart explained that the reason the proposed realignment from Janss Street to
Harbor Boulevard on Lincoln Avenue was 20 feet on the north side of Lincoln only
was the fact that the Home Savings and Loan building on the south side of the inter-
section of Lincoln and Harbor was already very close to the right-of-way, whereas
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C__._it_.~, Hall, Anaheim~ California - COUNCIL MINUTES - February 1~ 1977~ 1:30 P.M.
the St. Boniface Church propert'y could accommodate widening without disturbing the
existing facilities. Since alignment was going to move to the north, it was deter-
mined it would be best to stay on the north side. If right-of-way were taken on
both sides of the street, double the number of parcels would be involved.
The Mayor pointed out that the service station on the northwest corner of LinColn
and Harbor was also Church property from which it derived income. Mr. Dysart in-
dicated that regardless of whether widening occurred on the north side only or ~qual-
ly on both sides, the service station would be severely impaired and the entire op-
eration would have to be acquired. The Mayor confirmed that, in fact, the service
station would have to be acquired by the Agency from the owners.
Monsignor Keenan requested that the foregoing be made a matter of record.
Mr. Dan Holden posed questions relative to what the intentions were for the widening
of Harbor Boulevard in front of St. Catherine's Military School on the west side.
Mr. Dysart explained the proposal for widening of that particular area.(Harbor
Boulevard north to Cypress Street) which, although it would not involve any struc-
tures on the property at St. Catherine's, would encroach into the setback area,
making it necessary to re-establish existing improvements.
Mr. Holden thereupon stated opposition to the proposed plan on behalf of both St.
Catherine's and St. Boniface as it would first cause the removal of the palm trees
in front of St. Catherine's, as well as other improvements, thereby aesthetically
detrimental to the propert~ and people would be walking right into the street or
very Close to it when exiting from the school's Chapel. The same would be true
relative to St. Boniface--people would be subjected to a serious traffic hazard
noise and other problems. '
In answer to questions posed by Mr. Paul Bell, relative to traffic flow on Broadway
and other alternatives that may have been considered, Traffic Engineer, Paul Singer,
explained that average week-day traffic on Broadway was 13,700 cars. per 24-hour
period and that without the project, normal traffic growth over a ten year projec-
tion would increase the volume to 19,300 vehicles. With the project, this projection
would increase to 22,300 vehicles. He further explained that the entire area from
the Santa Ana Freeway, Orange and Riverside Freeways was considered in the traffic
study.
Both Mr. Priest and Mr. Dysart answered questions posed by Mr. Imwis Fr~edman rela-
tive to the time frame for acquisition of properties and development phases. It
was ascertained that initial acquisition of properties would begin within the
next few weeks if the plan was approved by the City Council; the Village Center to
be constructed between Clementine Street, Anaheim Boulevard and Lincoln Avenue,
would take approximately nine months to complete after a start date and as much of
Lincoln as could bemused easterly of Anaheim Boulevard would be used as an existing
means of accommodating traffic during realignment and construction of the Village
Center.
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~ity Hall, Anaheim~ .California - COUNCIL MINUTES - February, 1~ 1977, 1:30 P.M.
Mr. Gant Eichrodt referred to the letter prepared by the Downtown Area Task
Force Association (DATA) opposing the subject realignment plan and read an
excerpt from the California Community Redevelopment Code contained in the
letter stating the purpose of redevelopment. He then contrasted the funda-
mental purpose of redevelopment with the proposed realignment of Lincoln and
other streets which, in DATA's opinion, did not fulfill the fundamental
purpose. He emphasized that people were the main concern of redevelopment.
Mr. Eichrodt also stated that he and DATA wished to go on record in opposition
to the realignment and also the City's environmental impact report as being
insufficiently sound to withstand a long test. If necessary to keep the realign-
ent from going through, DATA would undertake that test.
Mr. George Shields was concerned as to what would happen to the present Lincoln
from Anaheim Boulevard to East Street-and whether or not after realignment was
completed Lincoln would be open to traffic. His main concern was the future
status of the merchants along the present alignment of Lincoln since it was
his opinion that no access was being provided. As explained by Mr. Dysart, access
to realigned streets was a matter yet to be worked out in the final design. Illus-
trating from the map (Plan "D"), he further explained that the change over from
existing Lincoln to the realigned Lincoln would occur in the block Ganahl Lumber
was located; a transition roadway would be established providing access to the
realigned portion of Lincoln as well as the older portion of Lincoln subject to
final design.
In answer to Mr. Dave Garrison's concerns relative to the two Carl's Restaurant
units in the area, Mr. Dysart indicated that no taking of right-of-way would
occur westerly of Janss Street (location of Taco De Carlos) and none was anti-
cipated as part of the project . Relative to the unit located on the northwest corner
of Broadway and Harbor Boulevard, Mr. Dysart explained that realignment would
require moving the present'right-of-way, but it was not planned to take the
structure based on alignment studies made. Widening in .front of the business
would move the right-of-way seven feet back bringing it closer tO t~e face of
the building, providing.a sidewalk of a minimum nine-foot width whereas the
present width was eight feet.
Councilwoman Kaywood asked for clarification since, in essence, the change would
increase .the width of the sidewalk.
Mr. Dysart explained that presently there was an eight-foot public sidewalk, a
planter area and then the entrance. After the widening, there would be a nine-
foot public sidewal~ as well as an additional three feet from the back of the
public sidewalk to the face of the building. The planter area, however, would
be eliminated.
Mr. Fred Brown questioned the reason why the redevelopment project included
~dening of the westerly section of Lincoln Avenue as well. as other streets
outside of the project boundaries since, to his knowledge, there was no formal-
ized amendment which extended the original boundaries.
77-i09
C__ity Hall, Anahei~ California - COUNCIL MINUTES - February 1, 1977~ 1:30 .P.M.
Mr. Priest explained that within the guidelines of the Redevelopment law, it
was allowable to go outside the project boundaries if it was necessary for pro-
per project development; they were not restricted to the project boundarte~ hut
expansion had to be related to the project development.
Relative to questions posed by Mr. Ronald Roluffs, Mr. Dysart explained that al-
though Anaheim Boulevard was a State Highway, that pursuant to a meeting held with
representatives of Caltrans, the highway was being considered for a ruling. HOw-
ever, Caltrans indicated they would work with the City relative to the widening of
knaheim Boulevard and while such widening would possibly require a permit, there
was no indication that there would be any opposition to the planned improvement.
The EIR, being a matter for local purview, was not discussed at the meeting because
the State was concerned only with the permit.
Further discussion followed between staff and Mr. Roluffs relative to the cost of
the realignment project estimated to be in the millions of dollars. Mr. Roluffs
stated that such an expenditure could not be justified since, in his opinion, the
whole plan was put together for the benefit of one package alone, that being the
Village Center. He stated that if the City went.through with the alignment against
all public opinion, he would back a recall petition against the two City Councilmen
who sat on the Steering Committee for the Redevelopment Agency.
Mr. Joe White contrasted the present downtown area with that of 25 years prior
and stressed that something should be done to move redevelopment forward because
the decline of the area was a disgrace. He stressed, however, that he would be
opposed to anything that was done if the plan did not provide an overpass or
underpass enabling the circumvention of the railroad tracks on Lincoln (between
Kroeger and Vine Streets). He also stated that as a member of DATA, he was never
notified of their activities and was not aware of who made the decisions or who
wrote letters for the organization. He expressed concern over the fact that they
voice oppomition but never offered any alternatives.
Mr. David Collins,' after speaking in favor of the proposed realignment, explained
that he represented owners of the property from Elm Street to Chestnut Street on
the west side of Anaheim Boulevard, which owners had refurbished the front faces
of their buildings. Since at the present time the new City Hall was proposed for
the area on the east side of Anaheim Boulevard and the buildings at that location
would ultimately be torn down, (between Broadway and Lincoln) he requested that
the widening occur on the east side only. In this way, the buildings on the west
side could remain untouched until the economic strength of the community developed
to where they could be redone completely. He saw no need for disturbing tenants
of the properties on both the east and west sides of Anaheim Boulevard.
There being no further persons who wished to be heard, the Mayor closed the public
hearing.
Relative to a possible conflict of interest, as suggested by Mr. James Layton, the
~yor stated that the property presently occupied by his business at 320 North
Anaheim Boulevard, two blocks north of the drawn perimeters of the Project Alpha
area, was on a lease hold basis since 1966, rented by the corporation of which he
was the majority stockholder. He explained that the lease would expire in February
of 1978 at which time the business would be moving from that location. The Mayor
77-]10
~£ty Hall, Anaheim, California - COUNCIL MINUTES - February 1, .1977~ 1:30 P.~.
further explained that the matter was part of the record of two previous public
meetings and also entered on all disclosure statements he had made either as a
Councilman or a Member of the Redevelopment Agency.
City Attorney Hopkins indicated that he did not see any conflict of interest frqm
the facts available.
Mr. Layton further elaborated on the resultant problems to the small downtown mer=
chant because of the realignment and was specifieal!y concerned ~th 'the effect i~
would have on his business. Before closing, he voiced his personal opinion that the
Mayor was incompetent and stated that a recall was in order.
Before he was prepared to take any action, Councilman Seymour first asked that a
specific number relative to the cost of the project be furnished and also asked
that staff provide information on the number of houses that would be torn down.
Mr. Dysart indicated that the project would cost approximately ten million dollars,
including the estimate of cost for grade separation at the existing railroad tracks
on Lincoln. Approximately one half of the ten million dollars would be for right-
of-way acquisition without having the benefit of final a~praisal reports, and one
half for engineering and construction costs.
Mr. Priest indicated that 67 commercial and 56 residential parcels would be elim-
inated, the bulk of the commercial parcels being along Anaheim Boulevard and the
western reaches of Lincoln. He explained, however, that in the overall develop-
ment there would be an increase in residential units to 700 new units, thereby
resulting in a plus balance of 500 units with removal of only 200 units.
Councilman Seymour then posed questions relative to certain aspects of the realign-
ment and suggested the following alternatives after it was ascertained through
discussion with Mr. Dysart and Mr. Priest that the changes would not affect the
realignment to a great degree and could be incorporated without major difficulty:
rather than taking'20 feet on the north side of Lincoln only (Janss Street to
Harbor Boulevard), that 10 feet be taken from both the north and the south sides;
that widening of Harbor between Lincoln and Cypress be taken on the east side only;
on Anaheim Boulevard south of Lincoln between Broadway and Lincoln, that widening
occur on the east side only.
Relative to Councilman Seymour's suggestion that the widening of Harbor Boulevard
to a 110 foot right-of-way be reduced to 104 feat as planned at the corner of Harbor
and Broadway, Mr. Dysart indicated that such a change would narrow down travel
lanes and left-turn pockets to widths that were not desirable.
Mr. Dysart, Mr. Priest and the Mayor then spoke.to some additional concerns as
expressed by several citizens: regarding relocation of residents caused by the
realignment, adequate housing would have to be found within their ability to pay
and each would be dealt with on an individual basis; with regard to commercial
properties, the Agency would work with all businesses along the lines of relocation
as well as the possibility of coming back into the project area when completed;
marketing experts from Ralphs Markets had determined that the Village Center was
an area that would support one of their large stores, thereby providing a viable
77-111
~ity Hall, Anaheim, California - COUNCIL MINUTES - February 1~ 1977~ 1:30 P.M.
business for the downtown area; and northerly realignment of Lincoln would estab-
lish a larger cluster complex as opposed to the present strip commercial.
COUNCIL SUM~RY: Councilman Seymour first empathized with those whose lives and
businesses would be %mpacted by the realignment. However, he concluded there was
no way to escape from the conflict as stated by Reverend Keller. He explained
that although the Council had been coerced, threatened with recall and a law suit,
he would be doing less than what his conscience dictated if he backed down from
that type of pressure. He indicated that there was much support for the proposgd
realignment since the plan was one proposed by the Project Area Committee as a
concept plan. He stressed that it was imperative for the Council to champion a
viable redevelopmet~t project, and it was his opinion that this general alignment, with
some modifications, was a reasonable one creating a new'parcel of real estate that could
be developed in a more practical fashion than a strip commercial type development,
thus providing better circulation and~the ability to turn off a road without causing
a traffic hazard.
Relative to those who contended that the whole scheme was aimed at lining the pockets
of Village Center developers, Councilman Seymour stated that the assumPtion was total-
ly illogical and lacked credibility because the Village Center constituted 10% or
less of the entire project area.
With regard to the George Washington School, Councilman Seymour indicated his
strong preference for maintaining the integrity of the residential area and neigh-
borhood around it. Although the proposed realignment would remove two classrooms
from the school, he wanted it understood that he was in no way advocating that
it be shut down but, in fact, was in favor of increasing its enrollment to handle
all grades up through grade 6. He therefore, recommended that the City and Re-
development Agency provide additional property and capital funding in order to
assure that the service level was increased and compatible with the type of resi-
dential development and neighborhood preservation program to the north.
Councilwoman Kaywo~d first spoke to the concern of the George washington SchoQ1, a
matter of great concern to her as well. She explained that with the renewed
emphasis on the residential aspect of redevelopment, young people would be
moving into the area with families, thereby making it absolutely essential that
the George Washington School remain. She stressed that there was no validity to
anyone's concern that it would be removed.
Relative to overall redevelopment, Councilwoman Kaywood stated that for 21 years
it was indicated that the downtown area would be developed with attendant arguments
pro and con. Although she empathized with those who would be affected by it, many
of the homes involved were in poor condition. Those not familiar with the redevelop-
ment law tended to become unhappy and excited about the prospect of redevelopment,
whereas those who were dealt with on a one-to-one basis, were not unhappy but, in
fact, were happier than they were before. Her concern was that residential areas
be upgrade~ to provide a better, cleaner and safer place to live for everyone in the
City, but, undoubtedly, there would be difficulties to overcome during the transition.
77-112
City Hall~ Anaheim~ California - COUNCIl, MINUTES - February 1~ 197~. 1:30 P.M.
Councilman Kott stated that he could go along with the many things that have
been said and also understood the reactions of the people who lived in the area
for many years, as well as the business community's parking and traffic problems.
He indicated that he too heard for a number of years the ne&d for redevelopment
with numerous plans having been presented with no positive results. As had been
stated, it was difficurt to please everybody. He was displeased, however, with ,
the inference whereby it was stated that profits would be made by certain individ-
uals because of Council action implicating them as being part of a preconceived
plan.
Councilman Kott noted that certain benefits would be derived by eliminating some
undesirable things such as blight and crime. He was hoping to hear more alterna-
tives as to what the people wanted and he would have been in favor of a continuance
of the meeting so that the people could offer such alternatives; however, no such
recommendation was offered by anyone..
in closing, Councilman Kott stated that he did not like the proposed realignment and,
therefore, would cast a negative vote.
Mayor Thom explained redevelopment was a problem in which he had an interest for
15 years. The concerns of the Church to which he belonged as well as the concerns
of other churches and the citizens were all concerns of his as well. He explained
that those concerns had been addressed many times and the problem which he found
to be most frustrating was the inability to give precise, definitive and acceptable
answers to everyone, something which was not possible to do. One thing he did feel
was possible was to move the concern of the entire community, that being redevelopment
of the City's decaying and dying section, down the road of progress. Since he had
been committed to 'that end for many years, he was going to vote favorably on the
proposed realignment.
The Mayor further explained that the entire r~development process was dependent
upon the free enterprise system and the City was looking to the private sector
to make the investments needed to rebuild the center section of the City. To
accomplish that goal, the City must work with the private sector and that, in
essence, was what the realignment of Lincoln would do, bring a large financial
commitment to the City. Although some would be adversely impacted for a while
or permanently, he was convinced that it was for the good of the entire City that
specific action be taken to move forward with redevelopment; ultimately leading to
the greatness which the City deserved.
ENVIRONMENTAL IMPACT REPORT: On motion by Councilman Seymour, seconded by Council-
man Thom, the City Council finds and determines that the Environmental Impact Report
related to the construction and installation of the public improvements contemplated
in the "General Alignment Report for the Proposed Realignment and Widening of Lincoln
Avenue and Various Other Streets" was considered under the circumstances presented
in the final Environmental Impact Report Nos. 140, 188 and 189 and, therefore, a
subsequent EIR need not be prepared. Councilman Roth temporarily absent. MOTION
CARRIED.
Ceuncilman Seymour offered Resolution No. 77R-65 for adoption adopting the General
Alignment of Lincoln Avenue and Various Other Streets - Redevelopment Project Alpha -
as shown on Plate' "D'' including the following amendments: 1) Rather than taking 20
feet on the north side of Lincoln only (Janss Street to Harbor Boulevard), that 10
feet be taken from both the north and the south sides; 2) That widening of Harbor be-
77-113
City Hal.%~ Anaheim~ California - COUNCIL MINUTES - February 1~ 1977.:. 1:30 P.M.
tween Lincoln and Cypress be taken on the east side only; and 3) On Anaheim Boule-
vard south of Lincoln between Broadway and Lincoln, that widening occur on the east
side only. Refer to Resolution Book.
RESOLUTION NO. 77R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING THE GENERAL'ALIGNMENT OF LINCOLN AVENUE AND VARIOUS OTHER STREETS - RE-
DEVELOPMENT PROJECT ALPHA, AS SHOWN ON PLATE "D", AS AMENDED.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom
NOES: COUNCIL MEMBERS: Kott
TEMPORARILY ABSENT: COUNCIL MEMBERS: Roth
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R265 duly passed and adopted.
RECESS: By general consent, the City Council recessed for ten minutes (5:40 P.M.).
Councilman Roth returned to the Council Chamber. (5:50 P.M.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members being
present. (5:50 P.M.)
PUBLIC HEARING - RECLASSIFICATION NO. 76-77~.~4: Application by Robert D. and
Jean C. Crane, for a change of zone from RS-A-43,000 to RM-1200 on property
located on the west side of Knott Street and north of Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC77-2 recommended that
the subject property be declared exempt from the requirement to prepare an Environ-
mental Impact report pursuant to the provisions of the California Environmental
Quality Act and, further, recommended that Reclassification No. 76-77-34 be granted
subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of Anaheim a
strip of land 53 feet in width from the centerline of the street along Knott
Street for street widening purposes.
2. That all engineering requirements of the'City of Anaheim along Knott Street, - '
including preparation of improvement plans and installation of all improvements
such as curbs and gutters, sidewalks, street grading and paving, drainage facilities
or other appurtenant work, shall be complied with as required by the City Engineer
and in accordance with standard plans and specifications on file in the Office of
the City Engineer; that street lighting facilities along Knott Street shall be in-
stalled as required by the Director of Public Utilities, and in accordance with
standard specifications on file in the Office of the Director of Public Utilities;
and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount
and form satisfactory to the City of Anaheim shall be posted with the City to guar-
antee the installation of the above-mentioned requirements.
3. That the owner(s) of subject property shall pay to the City of Anaheim the sum
of sixty cents (60¢) per front foot along Knott Street for tree planting purposes.
4. That trash storage areas shall be provided in accordance with approved plans on
file with the Office of the Director of Public Works.
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City Hall. Anaheim, California - CO~CIL MINUTES - February 1~ 1977~ 1:30 P..M.
5. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
6. That subject property shall be served by underground utilities.
7. That drainage of subject property shall be disposed of in a manner satisfactory
to the City Engineer.
8. That the owner of subject property shall pay to the City of Anaheim the appro-
priate park and recreation in-lieu fees as determined to be appropriate by the
City Council, said fees to be paid at the time the building permit is issued.
9. That appropriate water assessment fees, as determined by the Director of Public
Utilities, shall be paid to the City Of Anaheim prior to the issuance of a build-
ing permit.
10. That sound-attenuation measures, in accordance with CounCil Policy No. 542,
shall be complied with, unless otherwise approved by the City Council.
11. Prior to the introduction of an ordinance rezoning subject property, Condition
Nos. 1, 2 and 3, above-mentioned, shall be completed. The provisions or rights
granted by this resolution shall become null and void by action of the City Council
unless said conditions are complied with withinone (1) year from the date hereof,
or such further time as the City Council may grant.
12. That Condition Nos. 4, 6, 7, and 10, above-mentioned, shall be complied with
prior to final building and zoning inspections.
Miss Santalahti described the location and surrounding land uses. She outlined
the findings given in the Staff report which was submitted to and considered by
the City Planning Commission.
The Mayor asked if the Applicant or the Applicant's Agent was present amd'desirous
of being heard.
lir. James Liberio, 1720 West Lincoln, representing the owner, indicated he was
satisfied with the recommendations of the Planning Commission and explained that
Mr. Edward Moore, the developer, was present to answer any questions.
In answer to Councilwoman Kaywood, Mr. Edward Moore, 1101 South Grand Avenue, Santa
Ana, stated that the exterior elevation of the proposed apartment complex was a
combination of wood, stucco, and shake, and the wood and stucco was an earth tone.
2fhe Mayor asked if anyone wished to speak either in favor or in opposition; there
being no response, he closed the public hearing.
Councilwoman Kaywood noted that the complex had a net density of 36 and asked staff
if any opposition was received from residents or owners in the immediate area.
Miss Santalahti stated that no inquiries at all had been received from adjacent
property owners.
77-115
~ity Hal.It. Anaheim~ California - COUNCIL MINUTES - February 1, 1977~ 1:30 P.M.
ENVIRONMENTAL Ib~ACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, seconded by Councilman Kott, the City Council finds that this project
will have no significant effect on the environment and is, therefore, exempt
from the requirement to prepare an Environmental Impact Report. MOTION CARRIED.
Councilman Kott off~red Resolution No. 77R-66 for adoption, authorizing the ~
preparation of the necessary ordinance changing the zone as requested subject to
the conditions recommended by the City Planning Commission. Refer to Resolution
Book.
RESOLUTION NO. 77R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FIN~ING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
C~NGED. (76-77-34, RM-1200)
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. 77R-66 duly passed and adopted.
PUBLIC .HEARING - ABANDONMENT NO. 76-8A: In accordance with application filed by
Mr. W. B. Burke, Agent for Ashwill-Burke & Company, public hearing was held on
the proposed abandonment of an existing public utility easement located east of
State College Boulevard and north of Winston Road, pursuant to Resolution No.
77R-15, duly published in the Anaheim Bulletin, and notices thereof posted in accor-
dance with law.
Report of the City Engineer dated January 18, 1977, was submitted recommending
approval of Abandonment No. 76-8A, a~d indicating that the proposed activity to be
categorically exempt from filing an EIR.
The Mayor asked if anyone was desirous of being heard; there being no response,
he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGQRICAL EXEMPTION: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the City Council ratified the determination of
the Planning Director that 'the proposed activity falls within the definition of Section
3.01 of the City of Anaheim-Guidelines to the requirements for an EIR and is, therefore,
categorically exempt from the requirement to file an EIR. MOTION CARRIED.
Councilman Seymour offered Resolution No. 77R-67 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 77R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDERING THE VACATION AND ABANDONMENT OF AN ~SEMENT FOR PUBLIC UTILITY PURPOSES.
(No. 76-8A, east of State College Boulevard and north of Winston Road)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
77-116
~ity ~a!l, Anaheim, California - COUNCIL MINUTES - February 1~ 1977~ 1:30 P.M.
The Mayor declared Resolution No. 77R-~7 duly passed and adopted.
PUBLIC HEARING - ABANDONbIENT NO. 76-9A: In accordance with application filed by
M~. and Mrs. C. Hendricks and Mr. and Mrs. Maurice E. Linden, public hearing was
held on the proposed abandonment of a portion of a dedicated public street com-
monly known as McDuff Street located south of Stonybrook Drive, east of Dale Avenue,
pursuant to Resolution No. 77R-16, duly published in the Anaheim Bulletin, and
notices thereof posted in accordance with law.
Report of the City Engineer dated January 25, 1977, was submitted recommending
approval, subject to the following conditions, and indicating that the proposed
activity to be categorically exempt from filing an EIR:
1. That public utility easements be reserved unto the City of Anaheim, the Pacific
Telephone Company and the Southern California Gas Company as defined in the legal
description to accommodate existing facilities.
2. The applicants, at the time of development, will bear all costs necessary to
relocate existing pUblic and private utilities. Should such relocation be neces-
sary, a further abandonment proceeding will be necessary to eliminate the public
utility easements being reserved in this abandonment.
3. The applicants to bear the costs of removal of the existing street improvements
and construction of curb, gutter, sidewalk and paving along the south side of Stony-
brook Drive across the abandoned portion of McDuff Street. The existing steel
barricades and street name signs shall be set aside for the City to salvage. Said
work to be accomplished within 180 days or such further time as Council may grant.
In answer to Councilwoman Kaywood the City Attorney stated that she did not have
a conflict of interest relative to the subject matter due to the fact that she lived
in the neighborhood.
The Mayor asked i~ anyone wished to be heard; there being no response, he closed
the public hearing.
Before acting on the proposed resolution, Councilman Seymour referenced the staff
report wherein he noted the use of the area as a walkway to a school. He was con-
cerned t~at even though the proper advertising and mailing had taken place relative
to the proposed abandonment, sufficient public input may not have been received,
especially considering the fact that school children would be walking a longer and
different route to school.
James Maddox, City Engineer, explained that notification had been made in the normal
manner as well as discussion with the applicants, school peopl~ and various neighbors.
Also, both of the applicants and the school were called reminding them of the public
hearing.
In answer to Councilman Seymour, Mr. Charles Hendricks, 2746 Stonybrook, one of the
applicants, estimated that about 200 school children used the walkway daily. He
further explained, at Councilman Seymour's request, that he would not be opposed to
creating a passage way on the property that would permit use as a walkway if there
were walls on both sides to prevent access to the adjacent property. Mr. Hendricks
then elaborated on the extreme cases of vandalism that had occurred to his garage,
ca~ and property in the last two years which he considered to be much more than
deserved as citizens living along the sides of schools. He suggested an alternate
77-115
~ity Hal!~..Anaheim, California - COUNCIL MINUTES - February 1, 1977~ 1:30 PgM,
access three houses down to the east, where Southern California Edison had a
right-of-way which accommodated a large power line. He indicated a walkway
could be installed along side the easement.
In answer to Councilwoman Kaywood, Mr. Hendricks stated it was not his intention
at the present time'to put a house on the lot that would be created by the p~o-
posed abandonment, half of which was owned by the Hendricks and the other by the
Lindens. He indicated he would like to build a garage on his side.
ENVIRONMENT.AL IMPACT REPORT - CATEGORICAL EXEMP.TION: On motion byCouncilman Roth,
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 4, of the City of Anaheim Guidelines to the requirements for an Environ-
mental Impact Report and is, therefore, categorically exempt from the requirement
to file an EIR. MOTION CARRIED.
Councilman Seymour offered Resclution No. 77R-68 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 77R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR ROAD PURPOSES. (76-9A,
McDuff Street--south of Stonybrook Drive, east of Dale Avenue)
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. 77R-68 duly'passed and adopted.
AW~kRD OF WORK ORDER NO. 798-B - EAST STREET STREET IMPROVEMENT: (208 feet north
of to 158 feet sou'th of Crestbrook Place) Councilman Thom offered Resolution No.
77R-72 for adoption awarding a contract in accordance with the recommendations of
the City Engineer. Refer to Resolution Book.
RESOLUTION NO. 77R-72: 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,
kND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: EAST STREET STREET IMPROVEMENT, 208' N/O TO 158' S/O CRESTBROOK
PLACE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 798-B. (Ventura Contracting - $7,189.25)
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. 77R-72 duly passed and adopted.
77- 118
~ity H~ii~ Anaheim, California - COUNCIL MINUTES -February 1, t977.~ 1:30 P.M.
PURCHASE OF EQU.~PMEMT - STATION WAGON AND POLICE SEDANS,- BID NO. 3146: The
City Manager reported on informal bids received for the purchase of one 4-door
Intermediate Station Wagon (low bid) and 19 compact Police Sedans (best bid).
Councilman Kott noted the several "no bid" indications on the bid tabulation sheet
and asked staff if, in fact, there was proof that the companies involved were asked
to bid.
City Manager Talley explained that although he did not hav~personal proof, the
Purchasing Agent was instructed to find at least three vendors to whom bids could
be sent requesting that they be returned. Frequently, because of what the vendors
maintained were problems associated with City bidding, they returned a bid marked
"no bid" in the same envelope or called and stated theirs was a "no bid".
The Mayor stated it was brought to his and Councilman Kott*s attention earlier
in the meeting by Mr. Jack Lennon from Vern Trider Chevrolet, that even though
Trider was listed on the bid sheet, they maintained they were never offered a
bid on both items "B" and "C" under Bid No. 3146.
Mr. Talley suggested that the matter be held over for one week for a report from
staff.
Councilman Kott noted that although Guaranty Chevrolet was listed on practically
all bids for City vehicles, in most instances, they were the highest bidder and
yet they were awarded the contract. It was his opinion if all bids were within
the specifications, the lowest bidder should be given priority.
The Mayor pointed out that as reported on the bid sheet, the lowest bidder did
not meet specifications.
Relative to the 19 compact Police sedans, Mr. Talley explained that there had
been a great deal of dissatisfaction with the police units in town and it was
his recommendation that the City pay more attention to the tests run annually
by the Los Angeles Police D~partment wherein they took current models of vehicles
and tested them against predescribed specifications. Last year it was found that
the u~its the City was using took 14 or more seconds to obtain a speed of 65 miles
per hour, thereby resulting in numerous unnecessary high speed chases and frequent-
ly rendering the vehicle incapable of catching or adequately pursuing other, vehicles.
And, as well, it was thought that the car should be lighter in weight in the interest
of fuel economy. Therefore, when bids were solicited, they were asked to meet Los
Angeles City specifications. The only vehicle that met such specifications this
year was the Chevy Nova. The Dodge, the lowest bid, was the vehicle the City had
been using and it was found to be unsatisfactory by Los Angeles' experience this
year and not adequate for the City's use last year.
Councilman Kott thereupon asked if it was determined that Chevrolet was the
vehicle the City wanted, then why were bids not directed to three Chevrolet
Agencies rather than other vehicle manufacturers.
Mr. Talley had no immediate answer to the question and conceded that it was a
very legitimate'view.
77-119
City Hall..~. Anaheim, California - COUNCIL MINUTES - February 1~. 1977~ 1.:3~ P.M.
MOTION: Councilman Kott moved that in this case and in future bids, if it was
determined that the City wanted Chevrolets, then only Chevrolet dealers be asked
to bid,otherwise there was no reason to have a bid. As in the case of Vern Trider,
they had not received any bids from them, nor had they been included since he
(Councilman Kott) became a Councilman.
Mr. Talley stated that such information was directly contrary to what he had
been advised about Vern Trider Chevrolet.
No action was taken~n the foregoing motion.
On motion by Councilman Kott, seconded by Councilwoman Kaywood, purchase of
equipment under Bid No. 3146 for one 4-dour intermediate station wagon and
19 compact Police sedans was continued for one week for submittal of a staff
report. MOTION CARRIED.
PURCHASE OF EqUIPMENT~ TWENTY-TWO THREE-PHASE PAD MOUNTED TRANSFORMERS - ~D
NO. 3182: On recommendation~of the City Manager, Councilman Thom moved that
the bid of General Electric Company, Items 1 and 5 (6 units) in the amount of
$29,088.52, including tax, and the bid of Westinghouse Electric Supply Company,
Items 2, 3, 4 and 6 (16 units), in the amount of $37,396.80, including tax,
be accepted and purchase authorized as the lowest and best qualified bids. Council-
man Kott seconded the motion. MOTION CARRIED.
CINCO DE MAYO FIESTA: Margarita L. Maes, Community Liason for Anaheim High
School (on behalf of Anaheim High School and Fremont Junior High School Parent
Advisory Committee) referred to her letter dated January 14, 1977, wherein de-
tails of the upcoming 6th Annual Cinco de Mayo Fiesta were given, as well as a
request for financial assistance from the City and use of La Palma Park and its
facilities for the Fiesta, Saturday, April 30, 1977 and Sunday, May 1, 1977. Mrs.
Maes stated that Lloyd Trapp, Recreation Superintendent, informed her today that
there was another youth event scheduled for Saturday, April 30, 1977. She there-
fore requested Friday, April 29, 1977, instead. She then briefed the Council on
the success of last year~ activities, the result of which not only provided assis-
tance for needy students and their families, but also promoted friendship, under-
standing and goodwill amongst the people of the community.
The Mayor stated that the City had assisted in the Fiesta for several years, last
year funding up to $1,500. He indicated that the activity had now gained'almost
Tri-County notoriety with approximately 23,000 in attendance last year. He was in
favor of the activity and the City's support of same.
City Attorney Hopkins indicated that last year the City drew up an agreement in
which it was stipulated that no City funds were to be used for religious purposes.
The Mayor stated that the new agreement should parallel that of the previous year~
agreement including the same stipulation.
On motion by Councilman Seymour, seconded by Councilman Thom, staff was instructed
to draw up an agreement as articulated, with the Fremont Junior High School Parent
Advisory Committee, approving $1,500.00 from the Community Promotion fund and
also stipulating that no City funds were to be used for religious purposes. MOTION
CARRIED.
77-120
~[t_~y Hall, Anaheim, California - COUNCIL MINUTES - February 1, 1~77~ 1:30 P.M.
Councilman Seymour left the Council Chamber. (6:23 P.M.)
APPLICATION FOR SOLICITATION OF CHARITY FUNDS: Submitted by Agape Force, for
door-to-door solicitation with distribution of literature and records through
March, 1977.
Reports dated January 20 and 28, 1977, were submitted from the License Division
and City Attorney, respectively, stating they had no objections to the granting
of the subject permit.
Councilwoman Kaywood pointed out that the request was for door-to-door solicitation.
The Mayor indicated, however, that an exception had been made on Agape at one
time which exception was confirmed by the City Attorney. He thereupon indicated
that he would be willing to make the same exception at this time also unless there
was a record of complaints although he was aware of none.
On motiom by Councilman Thom, seconded by Councilman Kott, application for solicita-
tion of charity funds by Agape Force for door-to-door solicitation with distribution
of literature and records through March, 1977, was approved. To this motion, Council-
woman Kaywood voted "No". Councilman Seymour was absent. MOTION CARRIED.
APPEAL FROM' DENIAL OF APPLICATION - FIGURE MODEL STUDIO ESTABLISHMENT: Submitted
by William F. Engle for the Sunshine Company,'212 North state College Boulevard.
The appeal was scheduled for this date after a continuance from January 25, 1977.
The City Clerk reported a telephone request was received this date from Mr. Marvin
Cooper's office, Attorney for Mr. Engle, requesting a one-week c6ntinuance because
he (Cooper) had the flu.
The Mayor stated that he was of the opinion that to continue the matter for one
week would serve no purpose.
For the record, Councilwoman Kaywood interjected that last week when the continuance
of the appeal was set for today, February 1, 1977, it was stated that there would
be no further continuances so the petitioner was duly advised.
On motion by Councilman Thom, Councilman Roth, appeal from denial of application for
a Figure Model Studio Establishment Permit for the Sunshine Company was denied.
Councilman Seymour was absent. MOTION CARRIED.
CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kott,
the following actions were authorized in accordance with the reports and recommen-
dations furnished each Council Member and as listed on the Consent Calendar Agenda:
1. CLRIMS AGAINST THE CITY: The following claims were denied and referred to the
City's insurance carrier or the self-insurance administrator:
a. Claim submitted by Garry L. Vanaman and Farmers Insurmnce Group for property damag-~
purportedly sustained as a result of a collision with a vehicle in the Trident Junior
High School parking lot on or about November 24, 1976.
77-121
C~ity Hal!~ Amaheim~ Califprnia - COUNCIL MINUTES - February 1, 1977, 1:30 P.M.
b. Claim submitted by Richard M. Wagner for .property damage purportedly sustained
as a result of a city-owned transformer on or about November 30, 1976.
c. Claim submitted by James C. Kiely for a loss purportedly sustained as a result
of a power cutoff at 3070 Miraloma on or about January 11, 1977.
d. Claim submitted by Jim Placak for a loss purportedly sustained as a result
of a power cutoff at 3074 Miraloma on or about January 11, 1977.
2. PUBLIC DANCE PERMIT: The following permit was granted subject to the recommen-
dations of the Chief of Police:
a. Public Dance Permit for dancing from 9:00 p.m. to 1:00 a.m., Friday, January 28,
1977 and Friday, February 11, 1977, at the Martin Community Hall, La Palma Park.
(Eliseo A. Acosta for Sabor Car Club,-Applicant)
3. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. Monthly report for December, 1976 - Water Division.
b. Federal Power Commission regarding Southern California Edison Company Docket
No. ER76-205, ruling and order on Andersen's motion re subpoena.
c. Community Services Board - Minutes of December 16, 1976.
d. Community Redevelopment Commission - Minutes of January 12 and 19, 1977.
e. Public Utilities Board - Minutes of~November 18 and December 2, 1976. It was
noted by Councilwoman Kaywood that relative to the minutes, the title, Anaheim
Board of Public Utilities be corrected to Public Utilities Board.
f. Redevelopment Agency Balance Sheets - periods ending November 30 and December 31,
1976.
Councilman Seymour was absent. MOTION CARRIED.
RESOLUTION NOS. 77R-69 through 77R-71: Councilman Kott offered Resolution Nos.
77R-69 through 77R-71, both inclusive, for adoption in accordance with the reports,
recommendations and certifications furnished each Council Member and as listed on
the Consent Calendar Agenda. Refer to Resolution Book.
RESOLUTION NO. 77R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Vera Wasser Myers, et al;
Michael William Clark; Lee O. Webb, et al.; Charles Cundiff, et ux.; Royal C. Marten
et ux.)
77-122
City Hall~ Anaheim, California - COUNCIL MINUTES - February 1, 1977~ 1:30 P.M.
RESOLUTION NO. 77R-70: A RESOLUTION OF THE CITY COUNCIL O¥ THE CI~f OF ANAHEIM
FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON-
STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PARK BUILDINGS AT:
SCHWEITZER PARK .... WORK ORDER NO. 845; RIO VISTA PARK .... WORK ORDER NO. 851;
JUAREZ PARK ...... WORK ORDER NO. 868; APPROVING THE DEsIGNs, PLANS, PROFILES, DRAW-
INGS A~ SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC-'
TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS,
ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING
SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened March 3, 1977
2:00 P.M.) '
RESOLUTION NO. 77R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
~TERIALS AND EQUIPMENT ~ND ALL UTILITIES ~ND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE
THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: MODJESKA PARK PLAY EQUIPMENT CONSTRUC-
TION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 825. (Magnum Contractors Service)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution Nos. 77R-69 through 77R-71 both inclusive, duly
passed and adopted. '
FINAL b~P, TRACT NO. 9206: Developer, Grant Warmington Builders of Irvine; Tract
located on Arboretum Road east of Anaheim Hills Road containing 13 proposed RS-7200
zoned lots.
In his memorandum dated January 26, 1977, the City Engineer recommended approval
subject to the following conditions:
1. That the City Council approve the Final Map of Tract No. 9206 subject to the
revision of Condition No. 1 of the conditions of approval of the tentative map to
read: "That Reclassification No. 72-73-48(2) shall be finalized prior to the issuance
of building permits."
2. That the Mayor and City Clerk of the City of Anheim sign the Final Map as owners
of vested interest in Tract No. 9206.
On motion by Councilman Kott, seconded by Councilman Roth, the proposed subdivision
together with its design and improvement was found to be consistent with the City's
General Plan,and the City Council approved Final Map, Tract No. 9206 as recommended
by the City Engineer in his memorandum dated January 26, 1977. Councilman Seymour
was absent. MOTION CARRIED.
ORDINANCE NOS. 3649 ~ND 3650: Councilman Thom offered Ordinance Nos. 3649 and 3650
for first reading.
ORDINANCE NO. 3649i AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE
~NAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-11, RS-5000)
ORDINANCE NO. 3650: AN ORDINANCE OF THE CiTY OF ANAHEIM AMENDING TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-20, RM-1200)
77-123
Ci___ty. Hall,. Anaheim~ California - COUNCIL MINUTES - February 1~ 1977~ ~:~0 P.M.
GROUND BREAKING CEREMONIES - TENNIS CONCEPTS: Councilwoman Kaywood stated that she
was very impressed with the Previous week% ground breaking ceremonies, especially
relative to the Tennis Concepts Ceremony at Boysen Park, a project which, as the
gentlemen stated, was "tennis without taxes." She was particularly pleased that
in addition to the tennis complex, the Wagner House would be restored to provide a
Pro Shop, lockers and other facilities.
She cormnended Parks, Recreation and the Arts Director, James Ruth, for proposin~
such innovative programs as that of Tennis Concepts and the new skateboard park,
which projects were a boon to the City and the taxpayers since they involved no
taxpayer~ funds.
COmmENDATION, TOM LIEGLER ~ND STAFF: Councilwoman Kaywood noted that in a recent
article in Performance Magazine, those who booked productions at the Stadium-Convention
Center had nothing but praise to give to Tom Liegler, Stadium-Convention Center
Director and his staff. She thereupon offered a vote of thanks to Mr. Lieger, his
staff, and the methods he used for training his people.
TEP, MINATION OF SANTA ANA RIVER-SANTIAGO CRE~ GREENBELT ~OMMISSION: Councilman
Kott indicated that since the Greenbelt Commission Was ~oi-~g ~o ~e terminated, it
would be appropriate to direct the City Attorney to prepare a resolut{on to dissolve
the Co~nission in accordan&e with Section 17 of the Joint Powers A~reement which origi-
nally established the Commission; such dissolution to occur on or about March 1, 1977,
at which time all legal action required would be completed. He further indicated that
copies of the resolution be submitted to current members of the Greenbelt Commission
and the Auditor/Controller of the County of Orange. '
Councilwoman Kaywood asked if it was unanimous to disband the organization.
Councilman Kott explained no meeting was held in January because there was no
business to come before the Commission. However, in December it was unanimously
decided to phase the Commission out. It was also determined by the Auditor/Con-
troller that even though entities had dropped out of the Commission, including
the County of Orange, those who were original members of the Commission would be
held responsible for closing costs, whether still members or not. He indicated
that Anaheim's share would then not be too great because the portion owed by the
County of Orange amounted to approximately 45% of the total with which' the Commission
started.
On motion by Councilman Kott, seconded by Councilman Thom, the City Attorney was in-
structed to prepare a resolution dissolving the Santa Ana River-Santiago Creek Green-
belt Commission in accordance with Section 17 of the Joint Powers Agreement with
copies distributed accordingly. Councilman Seymour was absent. MOTION CARRIED.
RETENTION OF THE DEATH PENALTY: Councilman Roth referred to communication received
from the Orange County League of Cities relative to a resolution on retention of
the death penalty which he supported. He, therefore, moved that Anaheim's repre-
sentative at the February 10, 1977, Orange County Division League meeting be instruct-
ed to support the subject resolution. Councilman Thom seconded the motion Council-
man Ses~our was absent. MOTION CARRIED. '
77-124
City Hall, Anaheim,..California - COUNCIL MINUTES - February Ir 1977, 1'30 P.M.
COUNCIL MEETING MINUTES: Relative to memorandum s~ubmitted by the City Clerk re-
garding the submission of Council Minutes, Councilman Roth suggested that the
matter be continued for one week so that an evaluation and subsequent recommendations
could be made.
The Mayor stated that he had read the memorandum and was aware of the ongoing prob-
lem primarily due to the training of new staff which, in his opinion, would catch
up within a reasonable period of time. He saw no problem with the Council minutes.
being submitted within a one month time frame which he considered reasonable.
The City Clerk indicated that staff was now trained to a point where they could
write minutes and positive results would be forthcoming.
Councilwoman Ka~ood noted the longer the meetings, the more time it takes
to prepare the minutes.
The Mayor reiterated the problem and recognized the ability of the City Clerk to
cope with it as well as she had. He thereupon recommended that a reassessment of
the situation be made within six months. He was opposed at this time, without a
more comprehensive assessment, to adding additional people since he did not feel
the situation warranted such action.
Councilman Roth clarified that he was not being critical as he was of the opinion
that basically an outstanding job was being done; however, he was interested in
obtaining minutes on a more timely basis and was looking for ways to improve the
situation. He mentioned the possibility of using people who were in training as
court reporters on a part-time basis as an avenue that could be explored.
Councilwoman Ka~ood indicated that very long, lengthy verbatim minutes such as those
provided by Court reporters were much easier to produce than those that were con-
densed.
By general Council consent, discussion of timely submission Of Council meeting minutes
was c~ntinued for one week at which time alternatives would be discussed.
ANAH£IM DAY IN TIJUA~NA: The Mayor referred to an articl~ relative to a letter he
received from the Mayor of Tijuana regarding Anaheim Day in Tijuana. Subsequently,
he met with members of the press,~ the Public Informati6n Officer and Larry Sierk of
the Chamber of Commerce to discuss the matter. The purpose is to familiarize the
leadership of the Southern California Cities with Mexico to understand problems pos-
sibly due to the devaluation of the peso and/or illegal aliens. To thais end, a briefing
meeting was scheduled for June 16, 1977 at which time it was anticipated that the
Council, members of the business community and other segments of the community
(up to a limit of 75 to 100) would be made aware of the final plans for the July 16,
1977, visit. It was expected that several hundred community leaders would be taken
on a tour through Tijuana.
He asked that the Council, by motion, formally approve the activity which would be
at no cost to the City with transportation by charter bus to be provided by the
City of Tijuana. He explained, however, that nominal charges for the one-day trip
or the two-day trip would have to be borne by those participating in the program.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, support was given
to the proposed Anaheim Day in Tijuana, July 16, 1977. Councilman Seymour was
absent. MOTION CARRIED.
77-125
~ty Hall, Anaheim, ~California _ COUNCIL MINUTES - February 1~ 19.77, 1:30 P.M.
SELLING OF INFORMATION BY THE DEPARTMENT OF MOTOR VEHICLES: The Mayor explained
that Mr. Ron Peppin of Rueben H.. Donnelley Marketing Services wished to speak
relative to Council action taken on December 14, 1976, at the suggestion of the
League of Cities regarding the dissemination and selling of information by the
Department of Motor Hehicles (DMV) wherein Resolution NO. 76R-794 was adopted ,
protesting the practice of the Db~ selling the names and addresses of citizeas
upon request to any individual or company so requesting and urging repeal of
the law authorizing this practice. '
Mr. Ron Peppin, 5456 Willowick Circle, representative of Donnelley Marketing,
Consumer Marketing Division of Dun and Bradstreet, explained that his company
had been purchasing automotive records from the DMV in excess of 50 years, which
records were basically duplicate files of all registered vehicles in the State
of California compiled in a form to be used for direct mail advertising and market-
ing purposes. He explained that his firm did not deal in junk mail but was involved
with the mailing of coupons to be redeemed by housewives for large food producers
and distributors, major oil companies on their credit card solicitations, major
banking firms, auto manufacturers, and newspapers. His concern was that Anaheim's
resolutio~ as well as similar resolutions adopted in cities throughout the State,
would get into the hands of legislators who were advocating the closing of such
records since it would give added impetus to their cause.
Mr. Peppin further briefed the Council on his firm§ activities and noted that
they were also able to provide services at no charge to law enforcement and
government agencies which the DMV had not been able to provide. At the present
time, the DMV did not have the ability to access their records because of their
computer programmin~ nor did they have any interest in so doing, whereas Donnelley
could provide such information based only on the make and year of an automobile.
He stressed that in the absence of an auto list from the DMV, they would have to
close their plant in Fullerton which presently'employed 200 people. He, therefore,
urged the Council to reconsider their previous resolution. He also noted that
there were some points in the resolution that Donnelley did not object to relative
to the misuse of motor vehicle records, something which the Director of the DMV
indicated he would try to solve on an internal basis.
Councilwoman Kaywood stated that she was the one who suggested the resolution for
the specific purpose of precluding unauthorized access to DMV records.
Mr. Peppin explained that the~e were only two purchasers of motor vehicle records,
Donnelley and the R. L. Polk Company in Detroit, Michigan. He was also speaking
on their behalf. He further suggested that not only reconsideration be given to
the previous resolution, but also the possibility of adopting another resolution
excluding both companies and the type of use to which they put the information so
they could use such a resolution in support of their position.
The Mayor stated that as discussed with Mr. Peppin over the telephone, the resolu-
tion was adopted to prevent abuse of unauthorized people gaining access to DMV
records. He viewed the Donnelley and R. L. Polk companies as not falling into that
category. To that extent he indicated he would be amenable to rescinding or modi-
fying the prior resolution by not objecting to companies such as Donnelley and Polk
or others of that nature as well as any company in legitimate direct mail activities,
while denying access to unauthorized individuals.
77- 125
City Hall, Anaheim~ California - COUNCIL MINUTES - February ~, 1977,~ ~:30 P.M.
Further discussion followed between Mr. Peppin and the Council relative to whom
he should contact for assistance as well as further elaboration on how their
system worked in providing information to law enforcement agencies.
MOTION: The Mayor thereupon moved to support the activities and services of such
companies as Donnelley Marketing and their ability to purchase information from ~
the Department of Motor Vehicles in the future as in the pas~ rather than rescinding
the Council's previous resolution. He then added, and deny access to all individuals.
With this addition, Councilwoman Kaywood seconded the motion.
Before a vote was taken, Councilman Kott stated that he had a problem with the
use of public records for any reason and had been a foe of that philosophy for
many years. It was his contention that such use was an invasion of privacy and
the use of public records for personal gain was wrong morally and ethically.
A vote was taken on the foregoing mOtion. To this motion, Councilman Kott voted
"No". Councilman Seymour was absent, MOTION CARRIED.
RECESS - EXECUTIVE SESSION: Councilman Thom moved to recess into Executive Session.
Councilwoman Ka~ood seconded the motion. Councilman Seymour was absent. MOTION
CARRIED. (7:05 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members present
with the exception of Councilman Seymour. (7:25 P.M.)
ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Thursday, February 3, 1977,
3:30 p.m. in the Management Control Center, 114 South Claudina, to meet with the
Anaheim City School District regarding the George Washington School. Council- ·
man Kott seconded the motion. Councilman Seymour was absent. MOTION CARRIED.
Adjourned: 7:25 P.M.
LINDA D. ROBERTS, CITY CLERK