1976/10/2676-764
City Hall, Anaheim, California - COUNCIL MINUTES - October 26, .!976, !'30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott ,. Roth and Thom
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
UTILITIES DIRECTOR: Gordon W. Hoyt
FINANCE DIRECTOR: Michael Moo~e
PERSONNEL DIRECTOR: Garry O. McRae
PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth
PLANNING DIRECTOR: Ronald L. Thompson
ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti
DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr.
DEPUTY CITY ATTORNEY: M. E. Slaughter
STADIUM-CONVENTION CENTER-GOLF DIRECTOR: Thomas F. Liegler
EXECUTIVE DIRECTOR: Norman Priest
ASSISTANT CITY MANAGER: William T. Hopkins
TRAFFIC ENGINEER: Paul Singer
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION- Reverend Gordon Sloan of the Melodyland Hotline Center gave the
Invocation.
FLAG SALUTE' Councilman Don R. Roth led the Assembly in the Pledge of Allegiance
to the Flag.
APPOINTMENT OF CITY ATTORNEY - WILLIAM P. HOPKINS: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, William P. Hopkins was appointed City
Attorney. MOTION UNANIMOUSLY CARRIED. The City Clerk thereupon administered
the Oath of Office to Mr. Hopkins.
RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations to the Board
of Directors, the medical staff and volunteer organizations of Martin Luther
Hospital, upon the occasion of the first anniversary of their new medical
facilities~ was unanimously adopted and accepted by Mr. Leonard La Bella and
James Farley.
RESOLUTION IN RECOGNITION OF OUTSTANDING ACHIEVEMENT: A Resolution of Recog-
nition for outstanding achievement by the Western High School A Capella Choir
who were invited to participate in Pearl Harbor Observation Day activities in
Honolulu, Hawaii, was unanimously adopted.
MINUTES' Approval of minutes was deferred one week.
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 Seymour seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $427,110.40, for the period
ending October 19, 1976, and $1,386,112.21, for the period ending October 26,
1976, in accordance with the 1976-77 Budget, were approved.
PRESENTATION OF QUALIFICATIONS FOR APPOINTMENT TO SCAQU~MB; (Sonia Sonju) Mayor
Thom explained that Cypress City Councilwoman Sonju requested time to supplicate
the Council's support for her nomination to the Southern California Air Quality
Management Board (SCAQMB).
76-765
City_~all, Anaheim, California - COUNCIL MINUTES - October 26, 1976, 1'30 P.M.
So~ia $onju, 11398 Nayshon Court, Cypress, first thanked the Council for its
support in voting for her three out of four times at the Orange County Division
of the League of California Cities meeting on October 14, 1976. However, since
no conclusion was r~ached, another vote would be taken at the meeting of November 11, _
19",.6, and she requested Anaheim's continued support.
Councilwoman Sonju outlined her qualifications and stated the reasons why she
should serve on the subject Board, supplementing her verbal presentation with
an additional letter from Cypress Mayor MacLain, dated October 22, 1976, reaffirm-
ing support of the City of Cypress and urging Anaheim's endorsement.
Councilman Roth interjected that it would be appropriate to correct some of the
statements made about Orange City Councilman Jim Beam in relation to support of
his candidacy to SCAQMB and possibly renew that support at this time. He re-.
quested that no action be taken until Councilman Beam also had an opportunity
to speak before the Council.
Councilman Seymour stated that it was important to reach a decision on who the
Council would support and to make such support clear; however, he was of the
opinion that there was no need for Mr. Beam to defend his qualifications because
sufficient information was provided to make a decision before the League meeting.
Councilman Roth stressed there was one matter of concern from his standpoint in
that the statements made regarding Councilman Beam at the last Council meeting
were not correct and he wanted them corrected for the people, the press, and the
record. He asserted that Councilman Beam did not coerce his Council and it was
not his leadership who supported the Chino Hills Airport. Councilman Roth want-
ed correction of the matter so that there would be no tinge that he was trying
to advocate Mr. Beam's candidacy for some ulterior motive.
Mayor Thom apologized to Councilman Roth for the strong statements he made based
on information given to him verbally, which statements were personally refuted
by Councilman Beam and confirmed in his letter of October 13, 1976, submitted
to Council denouncing any support of the Chino Hills Airport. He fUrther ex-
plained that Councilwoman Sonju had done the same but her denunciation went a
bit further by stating that she would assert her best efforts to withdraw her
City from the proposed study.
The Mayor reiterated his apology to both Councilman Roth and Orange Councilman
Jim Beam for the inaccurate statements he made; Councilman Roth thanked the Mayor
for so doing thereby "clearing the air."
On motion by Councilman Seymour, seconded by Councilman Thom, final determination
on support of a candidate to Serve on the SCAQMB was continued one week. MOTION
CARRIED.
ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE- Councilman Seymour wanted to share his
personal opinion with the press, department heads, and the people present
of the League of California Cities'function as well as the involvement of
Department Heads, Planning CommissiOners, and City Council Members who be-
come involved in League activities. This explanation was relative to articles
in both the Los Angeles Times and the Anaheim Bulletin on Wednesday, October 20,
1976, wherein reference was made to comments given by Mayor Thom and Council-
man Kott suggesting that the League of Califo.rnia Cities'Annual Meeting in
San Diego was ineffective and was a waste of time.
Councilman Seymour expressed his opinion that the purpose of the League is for
cities to share ideas, discuss common problems, and arrive at solutions to those
problems as well as share a common base of legislative advocacy and lobbying
functions. Relative to legislation, Councilman Seymour pointed out that at the
last legislative session eight different Bills were passed sponsored and support-
ed by the League of Cities. He elaborated on some of the Bills that were of
direct importance to the citizens of Anaheim enabling the local government to
76-766
Cit H~~ Anaheim, California - COUNCIL MINUTES - October 26, 1976, .1:30 ~.M.
control its own destiny and environment by enacting local rather than State
legislation. He specifically cited AB-3672 which, if passed, would
have devastated the City's'redevelopment program. Several other Bills
opposed by the League in which they were successful in defeating o'r encouraging
government to veto included Local Rent Control Bill, Mandatory Solar Energy Cost
Bill and another dealing with building enforcement practices, all of which would
have taken control away from the local community.
Legislation discussed in San Diego extremely important to its effect on Anaheim
was property tax relief and reform, supporting a larger base' property tax assessment,
thereby saving $120 per year in property taxes to the homeowners of Anaheim. Al-
though the proposal was unsuccessful in San Diego, Councilman Seymour did not pre-
clude carrying "fight" all the way to Sacramento.
He further explained that Councilwoman Kaywood, because of her individual efforts,
was successful in lobbying through a position that would go a long way towards
insuring that sound barriers would be provided on the Route 57 Freeway, possibly
within the next year.
Councilman Seymour elaborated further on the merits and inestimable value of the
City's participation in the League of California Cities, which participation was
an historical one. He reiterated his support of the City's.involvement with the
League as well as the participation of Department Heads and Council. Members,in-
dicating that great benefits were derived from the many sessions held in San Diego.
In closing, Councilman Seymour stated that he did not see any conduct on the part
of City employees contrary to the matter at hand.
Councilwoman Kaywood commented on the productiveness of the Annual League Confer-
ence but was concerned that the insulting accusations made as reported in the afore-
mentioned articles might discourage the League from holding their Conference in
Anaheim in 1978 stating that non-participation on the part of Anaheim. would 'not be
a positive move.
Councilwoman Kaywood also emphasized the fact that on October 12, 1976 the Council
by motion unanimously approved cancellation of the October 19, 1976, Council meet-
ing in light of the participation of several Council Members at the Annual League
Conference; all scheduled formal business being acted on at the meeting of October 12,
1976 in anticipation of the cancellation.
ADOPTION OF 1975-1976 FINANCIAL REPORT' Michael Moore, Director of Finance, intro-
duced Mr. Ed Karle, audit partner for Arthur Young and Company, relative to the
presentation of the 1975-76 financial report prepared under contract with Arthur
Young and Company.
Mr. Karle explained that the document submitted to Council 'portrayed the financial
results of operations from the 1975-76 fiscal year and the financial position of
the respective funds of the City. He reported on the format used and the guide-
lines to which the report conformed.
Mr. Karle stated that there were no items dealing with possible legal action
that would impact the financial statements.
In closing, Mr. Karle expressed to Mayor Thom and City Manager Talley that his
firm received excellent cooperation from City staff in the preparation of the
document.
Councilman Seymour acknowledged on page 4 of the report a remark that, in his
opinion, was extremely important in demonstrating the financial strength and
solidity of the City; that being the City was indebted to only 5,9% of its
assessed evaluation whereas charter cities were allowed a debt limit up to 15%
of assessed evaluation. Councilman Seymour stated that this was something in
which the City should take special pride.
Councilman Kott, responding to Councilman Seymour's statement, wanted to know
why, if the City was so "well off", electrical rates were raised to the Edison
level when a year and a half prior he (Councilman Seymour) promoted Proposition
"A" which stated Municipal Electrical Companies can produce electricity for less
than the private sector.
76-767
City .Hall, Anaheim, California - COUNCIL MINUTES - October 26, 1976, 1'30 P.M.
Councilman Seymour, relative to the raising of electrical rates, commented on
the price squeeze the City was under as a result of Southern California Edison
raising their wholesale rates to the City of Anaheim which fact was well known.
Regarding his support of Proposition "A", a bond issue which was floated and sup-
ported by the citizens of Anaheim by a 2 to 1 majority, Councilman Seymour ex-
plained that the purpose was to launch the City into the generation of its own
electricity with the ultimate goal of becoming independent of Southern California
Edison. At that time, Councilman Seymour stated there would be an opportunity
for savings provided that local government did not spend the funds elsewhere. He
stated further that the November 2, 1976, ballot Proposition "E", if passed, would
preclude the latter from happening.
Mayor Thom expressed his gratitude to Mr. Karle and Arthur Young and Company for
their last two years of work,-indicating their services were invaluable to the
City. He was pleased with the method and style of the financial~report, as
well as the fact it met the objective the Council had in mind when Arthur Young
and Company was retained to assist in the project -- that of being an'informative
document.
On motion by Councilman Seymour, seconded by Councilman Thom, the 1975-76 Financial
Report of the City of Anaheim was adopted. MOTION CARRIED..
ALLOCATION OF GRANT FUNDS AND IN-KIND CONTRIBUTIONS - FOUR-CITY GEOCODING PROGRAM-
City Manager Talley reported that a $55,000 grant award was received from the
Department of Housing and Urban Development for the continuation of the Four-City
Consortium (Anaheim, Garden Grove, Huntington Beach and Santa Ana) Geocoding Pro-
gram initiated through a Joint Powers Agreement on March 23, 1976. Mr. Taller
explained that the grant was based on in-kind contributions totaling $27,501.00 from
the four cities.
After clarifications of questions posed by Councilman Kott, on motion by Councilman
Seymour, seconded by Councilwoman Kaywood, allocation of grant funds and in-kind
contributions for the Four-City Consortium Geocoding Program were approved. MOTION
CARRIED.
RENEWAL OF CITY EMPLOYEES' LIFE INSURANCE PROGRAM' City Manager Talley requested
authorization to renew the City employee~ group life insurance program with
Northwestern National Life Insurance CompanM as redommended in the Personnel Director's
memorandum of October 7, 1976. He explained that the rates proposed were the same
as the current year with the exception of term life which increased from 42¢ per
thousand to 45¢ per thousand per month, adding approximately $8,000 to the budget.
Mr. Talley indicated, however, that no budget supplement was being requested as
vacancies in health insurance would more than offset the $8,000 increase.
Councilman Kott's understanding was that rates would be higher as people retired.
Personnel Director McRae explained that in 1968, the City Council agreed to main-
tain the life insurance for retired employees which, at the time, involved approx-
imately 60 people. Subsequently, the policy was changed and retirees no longer
stay in the regular life insurance plan but instead receive a paid-up life insurance
policy in the amount of $100 for each year of service, thereby eliminating the im-
pact on group life insurance rates. The employees who retired during the time
frame the previous policy was in effect continue to be part of the City's group
life insurance program, representing $350,000 of insurance in force, which impact
will eventually disappear due to deaths.
.
At the conclusion of discussion, on motion by Councilman Roth, seconded by Council-
man Thom, authorization was given for renewal of the city employees' group life
insurance program with Northwestern National Life Insurance Company. MOTION
CARRIED.
RECESS' By general consent, the Council recessed for 5 minutes. (2'29 p.m.)
AFTER RECESS' The Mayor called the meeting to order, all Council Members being
present with the exception of Councilman Kott. (2'34 p.m.)
76-768
CitZ H_all, Anaheim, California- COUNCIL MINUTES- October 26, 1976, 1'30 P.M.
PUBLIC HEARING - ABANDONMENT NO. 76-6A. In accordance with application filed
by Frank L..Fehse, Criterion Development, Inc., public hearing was held on the
proposed abandonment of the existing slope easement acquired for the slope need-
ed for the installation of Fairmont Boulevard, south of Santa Ana Canyon Road,
lying within the land contained within the boundary of proposed Tract No. 9143,
pursuant to Resolution No. 76R-601, duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated September 9, 1976, was submitted recommending
approval subject to the following conditions-
1. The reservation of a right-of-entry to the City of Anaheim to provide
adequate area needed for the construction of said Fairmont Boulevard. Said
right-of-entry to terminate upon the completion of the construction of Fairmont
Boulevard.
2. The applicant to install, at no cost to the City, the required irrigation
system and the landscaping necessary to complete said slope area requirements
within the borders of proposed Tract No. 9143.
3. That the landscaping together with the irrigation system will be maintained
by a Homeowner's Association to be created via recordation of proposed Tract No. 9143.
Mayor Thom asked if anyone wished to address the Council; there being no response
he declared the public hearing closed.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION' On motion by Councilman
Seymour, seconded by Councilman Roth, the City Council ratified the determina-
tion of the Planning Director that the proposed activity falls within the defini-
tion of Section 3.01, Class 5, of the City of Anaheim Guidelines to the require-
ments for an environmental impact report and is, therefore, categorically exempt
from the requirement to file an environmental impact report. Councilman Kott
was temporarily absent. MOTION CARRIED.
Councilman Seymour offered Resolution No. 76R-652 for adoption. Refer to Resolu-
t ion Book.
RESOLUTION NO. 76R-652' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDERING THE VACATION AND ABANDONMENT OF THE EXISTING SLOPE EASEMENT ACQUIRED FOR
THE SLOPE NEEDED FOR THE INSTALLATION OF FAIRMONT BOULEVARD. (No. 76-6A, south of
Santa Ana Canyon Road, lying within the land contained within the boundary of pro-
posed Tract No. 9143.)
Roll Call Vote'
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Roth and Thom
NOES- COUNCIL MEMBERS' None ~
TEMPORARILY ABSENT- COUNCIL MEMBERS' Kott
ABSENT- COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-652 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT NO. 76-10A- In accordance with application filed.
by the Public Works Director on behalf of the City of Anaheim, public hearing
was held on the proposed abandonment of a portion of Claudina Street, south of
Lincoln Avenue, between Anaheim Boulevard and Philadelphia Street, pursuant to
Resolution No. 76R-599, duly published in the Anaheim Bulletin and notices thereof
posted in accordance with law.
Report of the City Engineer dated September 22, 1976, was submitted recommending~
approval subject to reserving unto the City of Anaheim, Pacific Telephone Company
and Southern California Gas Company, a public utility easement to accommodate exist-
ing facilities.
Mayor Thom asked if anyone wished to address the Council; there being no response
be declared the public hearing closed.
_q_i_tj'__Jt;!_!_l_~__:\.naheim, (]alifj?_rnia- COUNCIL MINUTES- October 26, 1976, 1'._]0 P.M.
C,~uncii:man Seymour, in ligtat of a similar abandonment in another part of the City,
want~d assurance from the City Attorney that the matter had been thought through
and he concurred with the proposed recommendation for abandonment.
Deputy City Attorney Malcolm Slaughter stated that he received information from
the title company today indicating that the title to the west half of Claudina
Street was vested in a title of a woman who died in 1904. Mr. Slaughter explained
that if the abandonment of the public right over the street was approved at this
time, any heirs would be entitled to full payment of value. His recommenda-
tion., in view of the pre~ent status, was that C].audina Street be abandoned only
between the south line of tbe alley down to the southwest corner of Lot No. 31 as
depicted on the abandonment sketch submitted. He added that at some future time
the City may wish to proceed with the additional abandonment.
Mayor Thom asked if further clarification regarding the utility easements was
necessary to coincide with the foregoing recommendation.
Mr. Slaughter explained that since the Gas Company easement was located in the
area just recommended to be excluded from the abandonment, that easement would
not have to be reserved.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION- On motion by Councilman
Seymour, seconded by Councilwoman Kaywood, the City Council ratified the determina-
tion of the Planning Director that the proposed activity falls within the defini-
tion of Section 3.01, Class 4, of the City of Anaheim Guidelines to the require-
ments for an environmental impact report and is, therefore, categorically exempt
from the requirement to file an EIR. Councilman Kott was temporarily absent.
MOTION CARRIED.
Councilman Seymour offered Resolution No. 76R-653 for adoption, including the
recommendation by the City Attorney's Office eliminating a portion of the pro-
posed abandonment as articulated, thereby reserving public utility easement only
to the City of Anaheim and Pacific Telephone Company. Refer to Resolution Book.
RESOLUTION NO. 76R-653' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF CLAUDINA STREET. (No. 76-10A,
south of Lincoln Avenue, between Anaheim Boulevard and Philadelphia Street.)
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Roth and Thom
NOES' COUNCIL MEMBERS' None
TEMPORARILY ABSENT- COUNCIL MEMBERS · Kott
ABSENT- COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-653 duly passed and adopted.
Councilman Kott returned to the Council Chamber at 2'40 p.m.
LAFCO RE~E}~[ENTS TO ACCEPT AND MAINTAIN ANAHEIM HILLS OPEN SPACE LAND: On
motion by Councilman Kott, seconded by Councilman Roth, the City Council, relative
to the recommendation made by the Planning Director in his memo of October 20, 1976,
opposed any requirement of the Local Agency Formation Commission that the City of
Anaheim accept for operation and perpetual maintenance the open space land which
the Anaheim Hills Corporation agreed to grant to Orange County as a condition for
cancellation of the Nohl Ranch Agricultural Preserve Agreement. MOTION CARRIED.
REQUEST FOR REHEARING - RECLASSIFICATION NO. 76-77-14 AND VARIANCE NO. 2841' Request
submitted by Carl Belvedere; property located on the south side of Orangewood~ west
of Spinnaker.
On motion by Councilman Thom, seconded by Councilwoman Kaywood, request for re-
hearing on Reclassification No. 76-77-14 and Variance No. 2841 was denied on
the basis that a fair hearing was given at the meetina of October 12, 1976.
Councilman Roth voted "No". MOTION CARRIED.
76-770
City Hal. l~ Anaheim, California - COUNCIL MINUTES __-October 26, !976~ 1'30 P.M.
REQUEST FOR REHEARING - RECLASSIFICATION NO. 76-77-15 AND VARIANCE NO. 2843- Re-
quest submitted by Waldeen B. Hart; property located on the west side of Magnolia,
north of Lincoln Avenue.
On motion by Councilman Seymour, seconded by Councilman Roth, request for rehear-
ing on Reclassification No. 76-77-15 and Variance No. 2843 was denied on the
basis that a fair hearing was given at the meeting of October 12, 1976. Council-
woman Kaywood voted "No". MOTION CARRIED.
·
WITHDRAWAL OF RE~UES.T FOR PUBLIC HEARING ON CONDITIONAL USE PERMIT NO. 1632 AND
ENVIRONMENTAL IMPACT REPORT NO. 179: Councilman Seymour withdrew his request
for a public hearing on Conditional Use Permit No. 1632 and EIR No. 179 to permit
a 209-space mobile home park with waiver of minimum structural setback on pending
ML zoned property located northeasterly of the intersection of Cerritos Avenue and
Sunkist Street (Gregg, Simpson, Fluor, Spurgeon). He explained that the applicant
had since provided the City Attorney with a letter stipulating to the installation
of a bicycle trail through the subject property; on this basis, the request for
public hearing was withdrawn.
ENVIRONMENTAL IMPACT REPORT NO. 179 - CERTIFICATION: EIR No. 179 having been
reviewed by the City's staff and recommended by the City Planning Commission to
be in compliance with City and State Guidelines and the State of California Environ-
mental Quality Act, the City Council acting upon such information and belief does
hereby certify, on motion by Councilman Roth, seconded by Councilman Thom, that
EIR No. 179 is in compliance with the California Environmental Quality Act and City
and State Guidelines. MOTION CARRIED.
REFURBISHING OF DETOXIFICATION CELL' On motion by Councilman Kott, seconded by
Councilman Roth, transfer of $10,500 from the Council Contingency Fund to the
Police Department Budget for refurbishing of the detoxification cell at the
Police Department was approved. MOTION CARRIED.
IBM COMPUTER PERIPHERALS - LEASE AGREEMENT~ SECURITY PACIFIC NATIONAL BANK' City
Manager Talley requested a resolution approving an agreement with Security Pacific
National Bank for lease of IBM computer equipment as outlined in memorandum dated
October 12, 1976, from the Director of Data Processing.
Mayor Thom stated that he had a question and concern relative to the subject matter
as one of the assumptions made in a memo of October 12, 1976, was that the City
would continue to operate its own IBM 3705 computer. He explained that approx-
imately two years ago, one of the stated goals and objectives as a result of the
management efficiency audit was to get out from under any function the City was
performing that could be done more economically by the private sector. After the
Data Processing Department was reviewed by Arthur Young and Company, a course was
set to get the Department~ operation into a form so that it could be put out for pro-
posals. Subsequently a comparison could be made to ascertain whether or not EDP could
be done more economically on the outside market. Although the process was stopped
momentarily, the present request led him to believe that it was going to be stop-
ped forever. The Mayor stressed that he was opposed to this and requested that
a time limit and point of departure be set to get the City's EDP into a biddable
form and out to the private sector for proposals.
The Mayor stated that the agreement concerning a fixed asset accounting system with
Marshall and Stevens, coming up on the agenda, was something he wished to see insti-
tuted.
Mr. Talley explained that no matter what system the City bought, it would have to
be programmed with some machine in mind and then it would be the responsibility of
the private sector or another agency to cut the system over if a change were made.
As with Marshall and Stevens, they would be building for .the City's present system.
Mayor Thom indicated that if the City kept designing systems for use on present
systems, the point of no return would be reached and the City would be "locked in."
Mr. Talley explained that the cost would be $10,000 or $20,000 to cut over. He ex-
plained further that last year, MDS Cities took bids from private industry and
Anaheim's bid was the lowest of the three accepted. In his experience, he empha-
sized he had never seen a satisfactory facilities management operation contract,
but would listen to anyone who could guarantee a savings; all that was being
recommended at this time was permission to complete an existing system.
76-771
Cit Hy~ Anaheim, California - COUNCIL MINUTES - October 2~ 1'30 P.M.
Councilman Seymour stated that he shared the Mayor's concern but recalled a
commitment made by Council about a year ago relative to EDP that they would
be provided an insurance policy of existence for a year.with the understand-
ing that in the interim Arthur Young and Company would look over the operation,
a move which was welcomed by Data Processing Manager Keith Parkyn. His concern,
just as the Mayor's, is that the City have an efficient, cost effective EDP
operation and that EDP services be bid out to private enterprise. He suggested,
therefore, that a date be set when this process would take place, as well as an
estimate of the costs involved, recognizing at the same time that all else could
not be held in abeyance.
Mayor Thom reiterated his concern in knowing how close the City was approaching
fiscally the point of no return relative to the cost of transition, thereby eliminat-
ing any interest from outside bidders.
Mr. Talley expressed the opinion that it should be private industry's responsibil-
ity to cut over at no cost.
Discussion by Council and staff followed relative to a cut-off date for develop-
ing the necessary data to present to the private sector for bidding. Mr. Talley
stated that i~t would be completed by February 28, 1977.
It was stressed by Mr. Talley that the Data Processing Department would again be
subjected to severe morale problems as long as they were confronted with the
"threat" of being replaced by private industry.
Mayor Thom stated that if, in fact, the City was making the progress he (Mr. Talley)
indicated it made and at a lesser cost, there was nothing to fear; it was im-
portant, however, to know the comparison.
Councilman Seymour expressed that he would be receptive to any alternatives sug-
gested by Mr. Talley so the issue could be closed for at least the next five years.
Mr. Talley asked for two weeks time in which to present such alternatives.
Councilwoman Kaywood interjected that some of the staff in the Data Processing
Department had been working 50 and 60 hours a week and she wanted them to know that
the Council was aware and appreciative of this. She added that since this was not
in their budget, they were not getting paid for the extra hours.
On the assurance that the requested data would be prepared and ready by February 28,
1977, and that Mr. Talley would report any alternatives in two weeks, Council-
man Thom offered Resolution No. 76R-654 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-654- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH SECURITY PACIFIC NATIONAL
BANK PERTAINING TO THE LEASE OF CERTAIN EQUIPMENT AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AGREEMENT. (IBM Computer Peripherals, Type 3705)
Roll Call Vote'
AYES · COUNCIL MEMBERS' Kaywood, Seymour, Roth and Thom
NOES' COUNCIL MEMBERS- Kott
ABSENT. COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-654 duly passed and adopted.
AGREEMENT WITH TENNIS CONCEPTS_z INC. - TENNIS COMPLEX AT BOYSEN PARK' Discussion
of the subject agreement was rescheduled for November 2, 1976.
DESIGN OF MODJEsKA PARK COMMUNITY RECREATION BUILDING: James Ruth, Parks, Recrea-
tion and the Arts Director, requested approval of an agreement with Dan L, Rowland
and Associates, Inc., Architects and Planners, for the preparation of architectural
and engineering services for the Modjeska Park Community Recreation Building. He
stated that funds were in the Budget to cover such architectural fees.
Councilman Kott expressed concern over who would be accountable and responsible
if there was an error in construction, as well as why the word "supervision" was
deleted and the word "observation" added instead.
76-772 -
City Hal.l, Anaheim, California - COUNCIL MINUTES - October 26~ ..1976., 1:30 P.M.
Discussion with staff confirmed that the contractor who performs the actual con-
struction and supervised by the City would be the responsible party.
Mr. Dan Rowland further,~xplained for Councilman Kott why the difference in termi-
nology occurred between supervision" and '~bservatio~' on the part of the architect;
the main reason being that it was important to separate the duties of the contractor
and the architect - the contractor supervises construction on an inch-by-inch basis,
the architect observes the contractor supervising and makes a determination from
his observation as to whether the intent and actuality of the plans is being follow-
ed to the benefit of the owner, in this case, the City. He emphasized that it was im
portant that architects not be construed as guaranteeing the performance of the
contractor. The reason in this instance as to why the word."supervision" was still
included in the contract but subsequently changed, was due to a technicality in that
the tape used for previous contracts erroneously still contained the word "super-
vision", instead of "observation".
At the conclusion of discussion and clarification of his questions, Councilman Kott
offered Resolution No. 76R-651 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-651' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH DAN L. ROWLAND AND ASSO-
CIATES, INCORPORATED, IN CONNECTION WITH ARCHITECTURAL AND .ENGINEERING SERVICES
FOR THE MODJESKA PARK COMMUNITY RECREATIONAL BUILDING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-651 duly passed and adopted.
ARCHITECTURAL SERVICES - H. G. "DAD" MILLER AND ANAHEIM HILLS GOLF COURSES- Council-
man Seymour explained that because he had contracted with the architect to be dis-
cussed for some plans about a year ago, he was going to abstain from any consider-
ation of the subject matter as there might be a conflict of interest. He thereupon
left the Council Chamber. (3:24 p.m.)
Stadium-Convention Center.-Golf Director Thomas Liegler requested approval of a
local firm, D. M. Brown, AIA, to provide architectural services at H. G. "Dad" Miller
and Anaheim Hills Golf Courses not to exceed $17,000 as documented in his memo of
October 6, 1976, covering a cart storage area, maintenance building, and driving
range; funds having already been approved and budgeted.
On motion by Councilwoman Kaywood, seconded By Councilman Roth, the City Attorney
was authorized to draft a contract with D. M. Brown, AIA, not to exceed $17,000, for
architectural services at the City's two golf courses. Councilman Seymour was
temporarily absent. MOTION CARRIED.
FIXED ASSET ACCOUNTING SYSTEM - AUTHORIZATION OF AGREEMENT WITH MARSHALL AND STEVENS-
City Manager Talley requested approval of an agreement for consulting services to
establish a Fixed Asset Accounting System with Marshall and Stevens, Inc., as re-
ported in memorandum from the Utilities and Finance Departments dated October 14,
1976, along with three attached exhibits complementing the memorandum to facilitate
in-depth consideration.
Councilman Roth inquired as to the cost effectiveness of such a system since the
cost was estimated at $225,000 plus additional personnel with resultant related
costs.
Utilities Director Gordon Hoyt explained that the advantages of such a system
could not be measured monetarily but that it was important to know, in order to
properly manage the facilities, how much money was invested in utilities because
money is earned on the capital invested, and further the City would have the ability
to issue revenue bonds and at that point obtain a better bond rating and a better
reaction from the bond- buying public.
Councilman Seymour returned to the Council Chamber. (3-32 p.m.)
76-773
City Hall_, Anaheim, California - COUNCIL MINUTES -October 26, 1976, 1:30 P.M.
Mayor Thom indicated that although other cities did not have such a system, the
compelling reason for Anaheim to institute one was due to its involvement in
several enterprise areas.
Mr. Hoyt clarified for Councilman Roth that, of itself, the institution of such
a system as far as the bond rating agencies were concerned would not necessarily
improve the City's bond rating; however, because it would enable better manage-
ment of the business, the City would get a recommendation on that fact.
Councilman Seymour explained that he viewed the proposed system as a responsible
way in which to conduct a business indicating that if the City decided to measure
the exact performance of its utilities to make a decision in the future as to whether
they would be retained or sold, the only way to measure the performance was to
know what type of rating was gained on assets. He emphasized that it was necessary
for free enterprise to present a strict accounting of their business to their stock-
holders and that the City should report to its stoCkholder's - the citizens of
Anaheim- in the same fashion.
Councilman Kott wanted assurance that the Fixed Asset Accounting System with all
its attendant costs was the most desirable way~to go or were there other alter-
natives precluding such an expenditure.
Mr. Hoyt knew of no other alternative and reiterated the importance of knowing
whether or not a profit was being made. He referred to the November 2, 1976,
Charter Amendment ballot proposition which, if passed, would require such knowledge
in order to ascertain the cost of service so that utilities would be able to per-
form cost of service rate making.
Mr. Hoyt, in answer to Councilman Kott, stated that if the system were to indicate
that utilities were not making a profit over the long term, it would be good cause
for questioning its existence, the optimum for utilities being better service at
less cost.
Councilman Thom offered Resolution No. 76R-655 for adoption authorizing an agree-
ment with Marshall and Stevens, Inc., for a Fixed Asset Accounting System. Refer
to Resolution Book.
RESOLUTION NO. 76R-655' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH MARSHALL AND STEVENS, INC.,
IN CONNECTION WITH INSTALLATION OF A FIXED ASSET SYSTEM AND AUTHORIZING AND DIRECT-
ING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
ANAHEIM.
Roll Call Vote-
AYES' COUNCIL MEMBERS- Kaywood, Seymour and Thom
NOES' COUNCIL MEMBERS. Kott and Roth
ABSENT- COUNCIL MEMBERS. None
The Mayor declared Resolution No. 76R-655 duly passed and adopted.
ORDER TO SHOW CAUSE - TERMINATION OF HOME OCCUPATION PERMIT NO. 75-117: (Gerald
E. Long, 547 Century Drive) After clarification by staff of the qualifications
necessary for a Home Occupation Permit, on motion by Councilman Roth, seconded
by Councilwoman Kaywood, a public hearing on Order to Show C~use for termination
of Home Occupation Permit No. 75-117 was set fo~ November 9, 1976. MOTION CARRIED.
PILOT STREET SWEEPING PROGRAM' Report on the Pilot Street Sweeping Program was
continued one week.
WAGE RATE ADJUSTMENT - PUBLIC SERVICE EMPLOYMENT PROGRAM - OUTsTATIoNED CLASSES:
Pursuant to the recommendations made in memorandum dated October 15, 197'6, from
the Personnel Department, Councilman Seymour offered Resolution No. 76R-656 for
adoption. Refer to Resolution Book.
76-774
City H. all, Anaheim~ California - COUNCIL MINUTES - October 26~ 1976~ 1'30 P.M__.
RESOLUTION NO. 76R-656- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RESOLUTION NO. 76R-372 AND ADJUSTING CERTAIN SALARY SCHEDULES. (effective
July 1, 1976)
Roll Call Vote-
AYES- COUNCIL MEMBERS- Kaywood, Seymour, Kott, Roth and Thom
NOES. COUNCIL MEMBERS. None
ABSENT- COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-656 duly passed and adopted.
AMENDMENT OF COUNCIL AGENDA PROCEDURE' City Manager Talley explained that as a
result of numerous meetings between the City Clerk, Department Heads, City Attorney
and staff, he was requesting Council approval of the resultant agenda, procedural
changes as presented in his report of October 14, 1976. The changes, if approved,
would allow preparation of a complete agenda packet for Council Members by
Friday evening.of each week, thereby eliminating or greatly reducing add-on items;
change public hearing time from 2'30 to 3'00 p.m., allowing City business to
be handled during the first part of the meeting, not only enabling the public to
have a better understanding of how their government functions but also to free
staff people from having to stay through the entire meeting..
Councilman Roth preferred the present system of receiving his agenda on Tuesday
or Wednesday and suggested a loose leaf arrangement whereby additional items could
be added easily since he wanted to be able to work on his agenda and conduct neces-
sary research as soon as possible.
Council discussion indicated an acceptance of the newly proposed procedure, changes
which would not impose any formidable burdens, and at the same time streamline
a governmental process.
Councilman Roth asked that the new procedure be tried for 90 days with an. evalua-
tion to be made at the end of that period.
On motion by Councilman Kott, seconded by Councilwoman Kaywood, modification of
the agenda process as recommended in the memorandum dated October 14, 1976, from
the City Manager with review in 90 days was approved. MOTION CARRIED.
Councilman Seymour offered Resolution No. 76R-657 for adoption. Refer to Resolution
Book.
RESOLUTION N0,. ~76R.-657' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
RESCINDING RESOLUTION NO. 62R-790 PERTAINING TO COUNCIL AGENDA PROCEDURES.
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-657 duly passed and adopted.
BICENTENNIAL COMMITTEE - TERMS OF CONTRACT' Councilman Kott asked the City Manager
whether or not the Bicentennial Committee had, in fact, received $86,000 from the
City and also if quarterly reports were submitted to the City's Finance Director
rendering an account of all income funds received from the Committee's activities
as stipulated on page 2 of the August 12, 1975 agreement.
Mr. Talley confirmed that the Committee did receive $86,000 but that quarterly
statements were not received as stipulated.
76-775
City Hall,_ Anaheim, California - COUNCIL MINUTES - October 26, 1976, 1:30 P.M.
City Attorney Hopkins, in answer to Councilman Kott, indicated that a study of
the agreement would have to be made to make certain no amendments or changes
occurred after which, if it was determined that an overpayment was made, appro-
priate action would be taken to correct the deficiency.
Mr. Talley explained that Finance Director Moore had researched the terms of
the Bicentennial Agreement soon after he had joined the City and as a result,
submitted a bill to the Committee; in turn the Committed remitted $56,000.
Councilman Kott reiterated that his main concern was a breach of contract in
not submitting quarterly reports of additional money received and stressed that
somebody should pay for it. He contended that the City Manager as well as the
Finance Director were at fault for not looking after public funds. He thereupon
requested a legal report by the next meeting as to whether or not the terms of the
subject agreement were fulfilled,as well as an audit of the funds involved.
City Manager Talley requested two weeks to complete and submit the report which
would include answers to additional questions raised by Councilman KOtt.
RECESS' By general consent, the City Council recessed for 10 minutes (4;00 p.m,).
AFTER RECESS' The Mayor called the meeting to order, all C.ouncil members being
present (4'10 p.m.).
REQUEST FOR RECONSIDERATION - DENIAL OF MID-BLOCK UNPROTECTED CROSSWALK - EDEN
ROC RETIREMENT CENTER' The subject request was continued from the meeting of
September 28, 1976.
Rose Blair, a resident of Eden Roc Retirement Center, stated that the residents
basically wanted a crosswalk at the requested location or something that would
assist them in crossing the street.
Reverend Joseph King stated that he did not have much more to add to his previous
request for a crosswalk in front of the Center on Ball Road. As suggested, he
spoke to the owner of Eden Roc and asked for participation by management in solving
the problem. Reverend King explained that the negative response he received was
an indication that nothing would be done by the management. He reiterated his
previous request, emphasizing the need for residents to be able to cross Ball Road
in front of the Center, thereby alleviating the situation that now existed.
Mayor Thom explained that the Council. had considered the petition three times and
debated the merits of unprotected crosswalks with the ultimate conclusion that
such crosswalks present a great danger to the people using them.
Councilman Roth asked staff to elaborate on the dangers again for the people in
Chamber so that they would be fully cognizant of what they, in fact, were asking
the Council to do.
Paul Singer, Traffic Engineer, explained that the particular location in question
would be considered even more hazardous when adding the fact that most of the users
would be disabled'or partially disabled,emphasizing that nothing existed between
the pedestrian and on-coming vehicles other than a white painted line. Mr. Singer
stated that he could offer expensive alternatives, but none that would be practical.
Councilman Roth repeatedly stressed for Mrs. BlaJr the previously reported San
Diego study which summarized that unprotected crosswalks were three times more
dangerous than if no line existed because pedestrians assumed they had the right-
of-way; such a crosswalk gives a false sense of security.to the pedestrian.
Mayor Thom, although sympathetic with the situation, reiterated his previous state-
ments and those of Councilman Roth,as well as the concern of the Traffic Engineer,
that unprotected crosswalks were more dangerous than not and that by granting
approval, the Council would be inviting danger to the residents.
Councilwoman Kaywood reported on several studies made, one in Detroit, Michigan,
wherein it was found that drivers do not feel obliged to yield to pedestrians unless
at a signalized intersection. And, a nation-wide: examination df auto-adult pedes-
trian collisions revealed that 7 out of 10 older pedestrians had accidents at inter-
sections while in a marked crosswalk.
76-776"
City Hall, Anaheim.,. California - COUNCIL MINUTES - October 26, .i97..6,. 1'3.0 P.M.
Reverend King, in answer to Mayor Thom, stated that there were about 150 residents
at the Center and it was his opinion that the majority of them were in favor of
the proposed crosswalk.
Mrs. Pat Bayley, 801 North Loara, Anaheim, suggested an alternative which was being
used in the City of Laguna Beach, that being the use of banners enabling drivers
to recognize crossing pedestrians.
Motion' So that the six Eden Roc residents in the Chamber were fully aware of
what they were asking be done, the Mayor again stressed the dangers involved
in approving an unprotected cross walk. He then offered a motion approving
a mid-block cross walk across Ball Road in front of the Eden Roc Retirement
Center including flashing yellow lights. Councilman Kott seconded the motion.
The motion failed to carry by the following vote:
AYES'
NOES-
COUNCIL MEMBERS' Kott and Thom
COUNCIL MEMBERS' Kaywood, Seymour and Roth
PROPOSED SECOND AMENDMENT TO REDEVELOPMENT PLAN PROJECT ALPHA- Discussion of the
subject matter was continued for one week.
AGREEMENT - TAIT AND ASSOCIATES, .INC. - ENGINEERING. ........ SERVICES (.STO.RM DRAIN NO. 17)'
Councilman Kott offered Resolution No. 7~'R-658 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 76R-658- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR ENGINEERING SERVICES. (Tait
and Associates, Inc.)
Roll Call Vote'
AYES- COUNCIL MEMBERS- Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT- COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-658 duly passed and adopted.
PIPE LINE LICENSE AGREEMENT WITH ATCHISON~ TOPEKA AND SANTA FE- (42-inch .storm drain
near Esperanza Road) Councilman Kott offered Resolution No. 7'6R-659 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 76R-659' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPE LINE LICENSE AGREEMENT WITH
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. (42-INCH STORM DRAIN)
Roll Call Vote-
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS- None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-659 duly passed and adopted.
CANCELLATION - THREE AGRICULTURAL PRESERVE AGREEMENTS' (Gregg, Fluor, Simpson)
City Attorney Hopkins explained that the request for authorization to execute
the subject 6anc el la t ion agreements included a request for waiver of fees in all
three cases.
Councilman Roth offered Resolution Nos. 76R-660 through 76R-662, both inclusive, for
adoption. Refer to Resolution Book.
76-777
City Ha.l!.~ Anaheim, California - COUNCIL MINUTES - October 26, 1976~ 1'30 P.M.
RESOLUTION NO. 76R-660: A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE CANCELLATION OF THE
AGRICULTURAL PRESERVE AGREEMENT IN CONNECTION WITH PROPERTY OWNED BY JAMES S.
GREGG, WITH REQUEST FOR WAIVER OF FEES AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
RESOLUTION NO. 76R-661: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE CANCELLATION OF THE
AGRICULTURAL PRESERVE AGREEMENT IN CONNECTION WITH THE PROPERTY OWNED BY JOHN S.
FLUOR AND GLORIA B. FLUOR, WITH REQUEST FOR WAIVER OF FEES AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
RESOLUTION NO. 76R-662: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEb~NT FOR THE CANCELLATION OF THE
AGRICULTURAL PRESERVE AGREEMENT IN CONNECTION WITH THE PROPERTY OWNED BY RAYMOND
G. SIMPSON AND SUSAN L. GUILES, TRUSTEES OF THE SI~SON FAMILY TRUST, WITH REQUEST
FOR WAIVER OF FEES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREE-
MENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 76R-660 through 76R-662, both inclusive, duly
passed and adopted.
STORM DRAIN CONSTRUCTION SEQUENCE - NORTHEAST INDUSTRIAL AREA' Councilman Seymour
offered Resolution No. 76R-663 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-663: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO AGREE TO AMEND THE STORM DRAIN CONSTRUC-
TION SEQUENCE.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-663 duly passed and adopted.
DEDICATION OF CITY-OWNED PROPERTY FOR ROAD AND PUBLIC UTILITY PURPOSES: (Property
at northwest corner of Crescent and Valley ) Councilman Thom offered Resolution
No. 76R-664 for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-664: RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF ANAHEIM
DEDICATING CERTAIN CITY-OWNED PROPERTY IN THE CITY OF ANAHEIM FOR PUBLIC PURPOSES.
(Crescent Avenue and Valley Street)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-664 duly passed and adopted.
CONSENT CALENDAR ITEMS' On motion by Councilman Roth, seconded by Councilman Kott,
the following actions were authorized in accordance with the reports and recommenda-
tions furnished each Council Member and as listed on the Consent Calendar Agenda:
1. CLAIMS 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 Monarch Construction for damages purportedly sustained as
a result of soil conditions inconsistent with plans and specifications furnished
by the City (Work Order No. 1263) on or about July 2, 1976.
76-778
City Hall~ Anaheim~ California - COUNCIL MINUTES -. 0c.t. ober 26, ..1976, ._1:30 P.M.
b. Claim submitted by Joe Schwartz for injuries purportedly sustained while
participating in a Bicentennial Celebration at the Stadium on or about July 4,
1976.
c. Claim submitted by George J. Christy and Laura Koboski for damages purport-
edly sustained as a result of a traffic signal malfunction at La Palma and State
College on or about September 5, 1976.
d. Claim submitted by Linda Raether for damages purportedly sustained to her auto-
mobile as a result of hitting a sewer top on Knott Avenue near Lincoln on or about
October 3, 1976.
e. Claim submitted by Frank Medina for damages purportedly sustained as a result
of a fire hydrant rupture on or about October 9, 1976.
f. Claim submitted by Joseph L. Hancock for damages purportedly sustained as a
result of City employees working on sewer lines on or about September 16, 1976.
g. Claim submitted by Larry Hull for injuries purportedly sustained as a result
of a fall at the Anaheim Stadium on or about July 5, 19'76.
h. Claim submitted by Virginia Passante for damages purportedly sustained to a
vehicle as a result of collision with a City-owned vehicle on or about July 2, 1976.
Claim submitted by Audrey Bond for damages to vehicle purportedly sustained as
result of collision with a City-owned vehicle on or about September 29, 1976.
j. Claim submitted by Rachael Underwood for damages purportedly sustained to a
vehicle as a result of collision with a City-owned vehicle on or about October 5,
1976.
k. Claim submitted by Magnolia School District for damages purportedly sustained
as a result of a City employee on or about June 28, 1976.
2. DINNER DANCING PLACE .PERMITL: The following permit was granted subject to the
recommendations of the Chief of Police'
a. Dinner Dancing Place Permit for dancing from 9:00 p,m. to 1:30 a.m., Thursday
through Sunday at Duane's Pirate Cavern, 1031 North Euclid Street, (Rose Mary
Mirabile, applicant)
3. CORRESPONDENCE' The following correspondence was ordered received and filed-
a. City of Yorba Linda Resolution No. 932, recommending appointment of Irwin M.
Fried as representative for Orange County Cities to the Southern California Air
Pollution Control District Board.
b. City of Newport Beach Resolution No. 8909 requesting the Board of Supervisors
to establish a County service area in unincorporated County areas.
c. City of Orange Resolution No. 4413 urging the California State Legislature to
enact legislation authorizing local paramedic programs on a permanent basis.
d. Scheduling Order Granting Southern California Edison motion to extend procedural
datog fifta~n day~ - Docket No. ER76-205 before the Federal' Power Commission.
e. Notice of Hearings before the Public Utilities Commission on Tuesday,
November 16, 1976.
f. State of California Water Resources Control Board -- Statement regarding Sun-
desert Project at Enekgy Commission hearing on September '27, 1976.
g. Monthly reports - Police Department and Building Division for September, 1976;
Electrical Division and Customer Service Division for August, 1976,
76-779
City Hall, Anaheim, California - COUNCIL MINUTES - October 26, 1976, 1.30 P.M.
h. Minutes - Anaheim Housing Commission meetings of August 31 and September 7, 1976.
i. Minutes - Community Redevelopment Commission meetings of September 22 and 29,
1976.
j. Minutes- Project Area Committee (PAC) meeting of September 28, 1976.
4. REVISED EXHIBIT "A" - POLICE DEPARTMENT CONFLICT OF INTEREST CODE' Revised
Exhibit "A" of the Police Department Conflict of Interest Code was ratified.
MOTION CARRIED.
RESOLUTION NOS. 76R-665 THROUGH 76R-670' Councilwoman KaYwood Offered Resolution Nos.
76R-665 through 76R-670, 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. 76R-665- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Manny Fingerhut, et ux.;
Richard C. Brown and Sam M. Watson; Patricia N. Switzer; Victor J. Vidal, et ux.;
Delbert Guss, et ux.; Thomas J. Brice and Diane M. Duren; Richard L. Lewis; Store
Safe Anaheim Associates, Ltd.)
RESOLUTION NO. 76R-666' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT' MANZANITA PARK PLAY AREA
PAVING, IN THE CITY OF ANAHEIM,. WORK ORDER NO. 794; APPROVING THE DESIGNS, PLANS,
PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA-
TIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE IN-
VITING SEAI.ED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened November 18
1976, 2'00 p.m.)'
RESOLUTION NO. 76R-667' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING~ THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT- LA PALMA AVENUE STREET AND
SEWER IMPROVEMENT, E/O FAIRMONT BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NOS.
794-B, 1268 AND A.H.F.P. NO. 658 - PHASE II; APPROVING 'THE DESIGNS, .PLANS, PRO-.
FILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE
CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICA-
TIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened
November 18, 1976, 2'00 p.m.)
RESOLUTION NO. 76R-668: A RESOLUTION OF THE CITY 'COUNCIL OF THE CITY OF ANAHEIM
FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC-
TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ARBORETUM ROAD SEWER IMPROVE-
MENT, S/O QUINTANA DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1262; APPROVING
THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION
THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE
WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF.
(Bids to be opened November 18, 1976, 2:00 p.m.)
RE§0LUTION NO. 76R-669' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINALLY ACCEPTING THE COI~LETION AND THE FURNISHING OF ALL PLg2qT, LABOR, SERVICES,
~_TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFOR_,X~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPRovEMENT, TO WIT' JUAREZ PARK GRADING IMPROVEMENT, IN THE CITY
OF AS~EIM, WORK ORDER NO. 868. (Raja Engineering Contractors)
RESOLUTION NO. 76R-670' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES,
MATERIALS AND'EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL
AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE
FOLLOWING PUBLIC IMPROVEMENT, TO WIT' KATELLA AVENUE SEWER LATERAL EXTENSIONS AT
493', 363' AND 142' E/O BAYLESS STREET,~IN 'THE ~CITY OF ANAHEIM, WORK ORDER"NO. 1264.
(George H. Robertson) '
76-780
~ahaim, California - COUNCIL MINUTES - October 26 1~_~~_~97~ 1'30 P.M.
Roll Call Vote'
AYES' COUNCIL MEMBERS. Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared~Resolution Nos. 76R-665 through 76R-670 both inclusive duly
passed and adopted. ' '
TENTATIVE MAP, TRACT NO. 9524' Developer, Oaktree Development Company, Inc.; tract
located north of Via Arboles, east of Anaheim Hills Road, containing 49 Proposed
RS-HS-22,000(SC) zoned lots.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, Tentative Map,
Tract No. 9524 was continued to be considered with EIR No. 187. MOTION CARRIED.
FINAL MAPS - TRACT NOS. 9134, 9135 AND 9136' Developer, P.C.B.., Inc.; tracts
located on the south side of Serrano Avenue, east of Nohl Ranch Road; Tract No.
9134 containing 29 proposed RS-5000(SC) zoned lots; Tract No. 9135 containing 43
proposed RS-5000(SC) zoned lots; Tract No. 9136 containing 29 proposed RS-5000(SC)
zoned lots.
On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivisions
together with their designs and improvements, were found to be consistent with the
City's General Plan, and the City Council approved Final Maps, Tract Nos. 9134, 9135
and 9136 as recommended by the City Engineer in his memorandums dated October 8, 1976.
MOTION CARRIED.
REQUEST - EXTENSION OF TIME FOR POSTING OF~OND IN CONNECTION WITH RECLASSIFICATION
NO. 72-73-42. Request of Betty Pagel, agent for du"~se'ppe 'No'ta'ro, for an extension of
the time permitted for posting of an improvement bond in connection with Reclassifica-
tion No. 72-73-42 was submitt~ed. (Revised plans for developme_nt of this property
have been submitted to the City Planning Commission.)
On motion by Councilman Thom, seconded by Councilman Seymour, a 60-day time extension
was granted for posting the required improvement bond in connection with Reclassifi-
cation No. 72-73-42. MOTION CARRIED.
_REQUEST WAIVER OF GRADING ORDINANCE - TRACTS 8418 AND 8647' Request of Alfred R.
Saldiver, Hopen, Hedlund and Darby, Inc., for waiver of grading ordinance, pertain-
ing to location of top of slopes was removed from the agenda to be scheduled for a
later date.
HISTORICAL PRESERVATION PROJECTS: Mrs. Jane Cook, 541 South Helena Street, Anaheim,
presentedLand read. a letter of thanks to the Council dated October 19, 1976,
for the support~given relative to the acceptance of the gift by Pacesetter
Homes of the "Frederick Little House" renamed the "Orchard House". The letter
contained signatures of those who also wished to be part of the expression of appre-
ciation. Mrs. Cook also announced the formation of the Anaheim Historical Association
enabling the group to engage in fund raising grant applications,~.~as:~.well ..as~.muaeu~n
exhibit donations.
Mayor Thom expressed his appreciation and that of the Council in recognition of the
efforts of the Heritage Committee to save the Frederick Little House.
Discussion followed wherein Councilwoman Kaywood brought to Mrs. Cook's attention a
letter dated~October 8, 1976, from Mr. Leo Friis, Historian Emeritus of the City
of Anaheim as designated by the City Council, stating that the "Little House" had
no historical significance and she, therefore, accepted his opinion as being of
more value than others.
Councilman Roth stressed as he had at the past meetings that no additional taxpayers'
money was going to be spent on the project.
Councilwoman Kaywood explained that the taxpayer could still be responsible since
the matter of future maintenance was never settled and there was still $3,000 of
Community Development Block Grant funds previously approved to set the house on a.
permanent foundation, not yet expended.
Mrs. Cook indicated that there were people interested in workin~ to finance the
project in which case the City Would mot be expected to do so.
76-78i
City..Hall, Anaheim, California - COUNCIL MINUTES - October 26,._ 1_976, .1:.'30 P.M.
Relative to~ the letter presented by Mrs. Cook, Councilwoman Kaywood stated that she
did not feel one of the signators, Eleanor Bay, had signed the letter.
Mrs. Cook contended that she did sign the letter whereupon Councilwoman Kaywood
wanted to know if Mrs. Bay knew what she was signing as it was her opinion that
she certainly did not.
Councilwoman Kalrwood questioned Jane Cook regarding the DATA letter she sent to EDA
in Washington, ]).C. an& Seattle signing the names of Mary Jones and Mary Cook with
her initials~;'JC" Mrs. Cook refused to answer
Shirley Modiano asked who was liable should any children be hurt as a result of
playing in or about the house.
City Attorney Hopkins, in answer to Councilman Roth's question as to the City's
liability status, explained that the hold harmless agreement that was .to be obtained
from Mr. Shipkey, the property owner, indicated that the agreement had not yet been
received but that Mr. Shipkey agreed verbally to supply same.
SOLICITATION PERMIT - DOUBLE CHECK RETREAT. Request of E. A. Broadwell, 9561 East
Whittier Boulevard, Pico RiVera, for permit to conduct telephone solicitation in
Anaheim for usable discards.
Pursuant to report dated October 5, 1976, from the Licence Division and report
dated October 7, 1976 from the City Attorney, on motion by Councilwoman Kaywood,
seconded by Councilman Kott, a permit to conduct telephone solicitation in Anaheim
for usable discards was approved. MOTION CARRIED.
PUBLIC FIREWORKS DISPLAY PERMIT' On motion by Councilman Seymour, seconded by
Councilman Thom, apPlication for Public Fireworks Display Permit filed by Betty
Sweet, Astro Pyrotechnics, to discharge fireworks at Handel Stadium, October 30,
1976, at half-time from approximately 8'30 to 8'35 P.M. was approved. To this
motion Councilwoman Kaywood voted "No". MOTION CARRIED.
REQUEST - STATUS REPORT - YOUTH DROP-IN CENTER' Denise Castro, 899 S, Claudina Street
an active member of the Anaheim Youth Unity Council, on behalf of Jose Miguel Buelna,
asked the status of the Youth Drop-In Center and a definite date when the Center
would open.
Mr. Norm Priest, Executive Director, Redevelopment, stated that negotiations were
in process with the owner of the property at 811 East Lincoln, the potential site
for the Youth Center.
Councilman Seymour clarified for Ms. Castro the situation relative to the acquisition
of the property and problems which could be encountered, thereby making it difficult
to give a definite date on which the Youth Center could open.
Mr. Priest requested that follow-up as to status of the project be made directly
with him.
AWARD OF WORK ORDER NO. 793-B, TRAFFIC SIGNALS AND SAFETY LIGHTING' (La Palma
Avenue and Tustin Avenue, Kraemer Boulevard and La Palma Avenue) In accordance
with the recommendation of the City Engineer, Councilman Roth offered Resolution
No. 76R-671. for adoption. Refer to Resolution Book.
RESOLUTION NO. 76R-671: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BID~-
DER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND
ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING
ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPRovEMENT: THE
MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTIONS OF LA PALMA
AVENUE AND TUSTIN AVENUE AND KRAEMER BOULEVARD AND LA PALMA AVENUE, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 793-B. (C, T.' & F. Inc.; $53,109.00)
Roll Call Vote-
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None. ~ ~'
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-671 duly passed and adopted'.
76-782
City Ha!l~ Anaheim, .California - COUNCIL MINUTES - October 26.~.1976~ 1'30 P.M.
PURCHASE OF EQUIPMENT - BID NO. 3129- The City Manager reported on the recom-
mended purchase of 4 Harley-Davidson 1200 Special Motorcycles and advised that
Harley-Davidson of Westminster has submitted a'quotation for said equipment in
the amount of $3,750.16 each, including tax and trade-in. He thereupon recom-
mened the purchase be authorized.
On motion by Councilman Roth, seconded by Councilman Kott, the bid of Harley-David-
son of Westminster was accepted, and purchase authorized in the amount of $3,750.16
each, including tax and trade-in, as recommended by the City Manager. MOTION CARRIE
ORDINANCE NO. 3605' Councilman Roth offered Ordinance No. 3605 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3605' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(17), RS-5000)
Roll Call Vote'
AYES' COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS. None
The Mayor declared Ordinance No. 3605 duly passed and adopted.
ORDINANCE NO. 3606: Councilman Seymour offered Ordinance No. 3606 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3606' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-4, ML)
Roll Call Vote'
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS- None
The Mayor declared Ordinance No. 3606 duly passed and adopted..
ORDINANCE NO. 3607- Councilman Roth offered Ordinance No. 3607 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3607' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-36, RM-1200)
Roll Call Vote:
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES. COUNCIL MEMBERS. None
ABSENT- COUNCIL MEMBERS' None
The Mayor declared Ordinance No. 3607 duly passed and adopted.
ORDINANCE NOS. 3608 THROUGH 3611: Councilman Roth offered Ordinance Nos. 3608
through 3611, both inclusive, for first reading.
ORDINANCE NO. 360.8: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 18,
CHAPTER 18.22, SECTION 18.22. 061, SUBSECTION 18.22. 061.010, AND TITLE 18,
CHAPTER 18.84, SECTION 18.84.038, SUBSECTION 18.84.038,030, AND ENACTING NEW
SUBSECTIONS IN THEIR PLACE AND STEAD PERTAINING TO ZONING. (Building site
requirements and tree preservation)
ORDINAN. CE .NO. 3609: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18
OF THE ANAHEI'M MUNICIPAL CODE RELATING TO ZONING. (61-62-69(78), ML)
7 P- 7 8 3
Git7 Hall, Anaheim, Cal_i_fornia - COUNCIL MINUTES - Octo_b?_r 26, 1976, ] '30 P.M.
ORDINANCE NO. 3610' AN ORI)INANCE OF TIlE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE REI~ATING TO ZONING. (68-69-37 (12), ML)
ORDINANCE NO. 361_1' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL (',ODE RELATING TO ZONING. (75-76-29, GL)
RESIGNATION - PARKS AND RECREATION COMMISSION - CONNIE MELTON~ JR.: On motion
by Councilwoman Kaywood, seconded by Councilman Kott, resignation of Connie Melton,
Jr., from the-Parks and Recreation Commission as outlined in his letter dated
October 12, 1976, was accepted with regret and staff was instructed to send a letter
t}~anking Mr. Melton for services rendered. MOTION CARRIED.
APPOINTMENT - PARKS AND RECREATION COMMISSION - DONNA L. RIDDELL: On motion
by Councilwoman Kaywood, seconded by Councilman Kott, Mrs. Donna L. Riddell was
appointed to the Parks and Recreation Commission as recommended by the governina
board of the Magnolia School District in their letter of October 9, 1976, to fill
the unexpired term of Mr. Connie Melton, Jr. ending June 30, 1978. MOTION CARRIED.
RECYCLING OF PAPER' Councilwoman Kaywood requested from staff a status report on
the recycling of paper, citing several articles where such programs have been suc-
cessful.
INCREASE CITY FEES TO COVER CITY COST- Councilwoman Kaywood requested that action
be taken to increase ali City permit fees to cover City cost as outlined in the
listings submitted by Planning Director Thompson per her request.
Councilman Roth asked for a continuance of one week to research the matter. Council-
woman Kaywood requested that the matter be expedited due to the large number of
permits being handled at present.
RESOLUTION' Councilwoman Kaywood offered a Resolution to increase all City fees to
cover City cost. The resolution failed to carry by the following vote-
AYES' COUNCIL MEMBERS' Kaywood and Kott
NOES' COUNCIL HEMBERS · Roth
ABSTAINED' COUNCIL MEMBERS · Seymour and Thom
ABSENT' COUNCIL MEMBERS · None
By general consent~ further action on the foregoing matter was continued for one
week.
NEOCCS - CREATION OF CITIZENS' ADVISORY COMMITTEE: Councilman Seymour .explained that
he represented the City on the Northeast Orange County Circulation Study (NEOCCS) an~
the creation of a Citizens' Advisory Committee relative to the road circulation study
was recommended. He indicated that Council could designate appointees to the Citi-
zens' Advisory Committee and asked for consideration of same with names to be submitt~
in one week and, in turn, submitted at the next NEOCCS meeting.
Councilwoman Kaywood suggested that several members on the Task Force would be ideal
appointees.
CONSIDERATION OF ADVISORY COMMITTEE - CANYON/ANAHEIM HILLS' At this evening's
7:30 p.m.-joint meeting of the City Council with the Planning Commission and the
Homeowners Associations at the Anaheim ttills Golf Course Clubhouse~ Councilman
Seymour stated chat he was gol. ng to propose the consideration of an Advisory
Committee in accordance with the concept h~ presented at the Council meeting of
October 12, 1976.
REDUCTION IN TIME TO PROCESS FINAL PLANS THROUGH CITY DEPARTMENTS' To obtain an
objective that was established over two years ago - that of processing developers,
final plans through City departments in four weeks - Councilman Seymour requested
that he be permitted to join with three or four developers, City Manager Talley,
and Planning Director Thompson in an informal fashion to ascertain what was neces-.
sary in order to expedite the process on a more timely basis. Councilman Seymour
indicated that some developers would be more than happy to pay additional fees to
the City to accomplish such an objective.
City Hall, Anaheim~ California - COUNCIL MINUTES - October 26, 1976, 1'30 P.M.
On motion by Councilman Seymour, seconded by Councilman Thom, approval was given
for the formation of the aforementioned group to meet informally in the interest
of formulating a plan to speed the processing of final plans through City depart-
ments, with report back to the Council. MOTION CARRIED.
DEMOCRATIC CLUB MEETING - OCTOBER 17, 1976' Councilman Roth announced the subject
meeting at which time the November 2, 1976, Ballot Propositions will be discussed.
Councilwoman Kaywood and Councilmen Seymour and Roth indicated they would attend.
RECESS - EXECUTIVE SESSION- In accordance with the request made earlier in the
meeting by City Manager Talley, Councilman Seymour moved to recess into Executive
Session. Councilman Thom seconded the motion. MOTION CARRIED. (5'10 P.M.)
AFTER RECESS' Mayor Thom called the meeting to order, all Council Members being
present. (5' 25 P.M.)
SALARY RESOLUTIONS' Councilman Seymour offered Resolution No. 76R-672 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 76R-672- A RESOLUTION OF THE CITY COUNCIL ~F THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM
POLICE ASSOCIATION, AND SUPERSEDING RESOLUTION NO. 76R-155.
P, oll Call Vote-
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES' COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS- None
The Mayor declared Resolution No. 76R-672 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 76R-673 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 76R-673' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 47, AND SUPERSEDING RESOLUTION NO.
76R- 176, AND AMENDMENTS THERETO.
Roll Call Vote'
AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom
NOES- COUNCIL MEMBERS- None
ABSENT' COUNCIL MEMBERS' None
The Mayor declared Resolution No. 76R-673 duly passed and adopted.
Councilman Roth offered Resolution No. 76R-674 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 76R-674' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR SOME UNREPRESENTED CLASSIFICATIONS AND
.
SUPERSEDING .PORTIONS OF RESOLUTION NO. 76R-312. (unrepresented employees aligned
wi th IBEW)
Roll Call Vote:
AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and ThOm
NOES- COUNCIL MEMBERS. None
ABSENT. COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-674 duly passed and adopted.
Councilman Kott offered Resolution No. 76R-675 for adoption. Refer to Resolution
Book.
76-785
City Hall, Anaheim, California - COUNCIL MINUTES - October 26, 1976, 1:30 P.M.
RESOLUTION NO. 76R-675: A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF CO~ENSATION FOR SOME MANAGEMENT STAFF JOB CLASSIFICATIONS
AND SUPERSEDING PORTIONS OF RESOLUTION NO. 76R.-314. (Staff employees related to
Police, IBEW and Utility 'Worker Units)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor decl'ared ReSolution No. 76R-675 duly passed and adopted.
Councilman Seymour offered Resolution No. 76R-676 for adoption. Refer to Resolu-
tion Book.
RESOLUTION NO. 76R-676: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
PERTAINING TO THE EFFECTIVE DATE OF THE TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN JOB CLASSES DESIGNATED AS MANAGEMENT, MANAGEMENT STAFF AND UNREPRE-
SENTED RELATED TO ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION JOB CLASSES~ ANAHEIM
MUNICIPAL EMPLOYEES ASSOCIATION CLERICAL UNIT AND GENERAL UNIT EMPLOYEES, AND
EMPLOYEES IN JOB CLASSES REPRESENTED BY THE ANAHEIM FIRE ASSOCIATION. (.to and
including November 11, 1976; pending Amendments to be effective October 15, 1976)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-676 duly passed and adopted.
Councilman Roth offered Resolution No. 76R-677 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 76R-677: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ESTABLISHING RATES OF COMPENSATION FOR OUTSTATIONED PUBLIC SERVICE EMPLOYMENT
PROGRAM CLASSIFICATIONS AND SUPERSEDING PORTIONS OF RESOLUTION NO. 76R-312.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 76R-677 duly passed and adopted.
RECESS: Councilman Roth moved to recess to 7:30 p.m. to the Anaheim Hills Golf
Course Clubhouse for public meeting to discuss Scenic Corridor Ordinances. Council-
man Seymour seconded the motion. MOTION CARRIED. (5:40 P.M.)
76-786
City Ha. ll, Anaheim, California - COUNCIL MINU..T.E.S -.0.ct. ober 26.~..1976.~ 1'30 P.M.
PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
ABSENT: .COUNCIL MEMBERS: None
PRESENT- PLANNING COMMISSION MEMBERS' Barnes, Herbst, Farano, Tolar,
Morley, King and Johnson
ABSENT: PLANNING COMMISSION MEMBERS: None
PRESENT: CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr.
CITY CLERK: Linda D. Roberts
PLANNING DIRECTOR: Ronald L. Thompson
AFTER RECESS' Mayor Thom called the meeting to order at 7'45 p.m. and ex-
plained that the joint meeting between Council and the Planning Commission was
to discuss Scenic Corridor Ordinances as requested by the Hill and Canyon
homeowners through their Associations and a petition submitted dated August 17,
1976.
Planning Commission Chairman Johnson called the City Planning CommiSsion to order.
FLAG SALUTE' Canyon Boy Scout Troop No. 538 led the Assembly in the Pledge of
Allegiance to the Flag.
·
SCENIC CORRIDOR OVERLAY ZONE - GENERAL- Mrs. Mitzy Ozaki, 340 Timken Way, stated
that her primary purpose was to discuss the effectiveness of legislation adopted
for the Canyon area to protect its environment. She briefly outlined the growth
pattern that had taken place from 1950 through the 1970's; the latter being when
the opening of vast lands east of Imperial and south of Santa Ana Canyon Road be-
came impacted by developments.
She cited the City's General Plan for the area adopted in 1969 as well as the
Scenic Corridor OVerlay Zone Ordinance adopted in 1971 and read an excerpt from
both, the basic objectives respectively being the preservation of the amenities
of hillside living, as well as the maintenance of three primary natural features;
rolling terrain, winding river and eucalyptus tree windbreaks with a retention
and expansion of the characteristics they exemplified. Mrs. Ozaki contended that
there was very little retention or expansion of these features.
Also cited were the Hillside Grading and Tree Preservation Ordinances, and Mrs.
Ozaki questioned their effectiveness in maintaining the environmental assets
of the Canyon area.
Mr. Herbert Christensen, 5108 Crescent Drive, Anaheim, President of the Peralta
Hills Homeowners Association, stated that one of the basic concerns around which
most of the problems revolved was the lack of communication between homeowners
and City departments relative to developments in the Canyon, especially with re-
gard to plans involving tree removal as well as variances or exceptions requested.
Mary Dinndorf, 131 South La Paz, Santa Ana Canyon Improvement Association, asked
that the Tree Ordinance be read and then interpreted by the City Attorney so that
everyone would be aware of its implications relative to further discussion. Plan-
ning Director, Ronald Thompson, read the Tree Ordinance, No. 3423, as well as a
new Ordinance, No. 3608, which had its first reading at the afternoon Council
meeting which, when adopted, would allow for appeal of decisions regarding trees
thereby tightening up the original ordinance.
.
Deputy City Attorney Lowry briefly explained that the Tree Preservation Ordinance
relative to replacement was dependent on the ability to replace removed trees with
those on the approved list whether it be a stand of specimen trees or a single
specimen tree.
Mr. Christensen stated that the Tree Preservation Ordinance was scheduled to be
discussed later in the meeting.
76-787
City. Hall, Anaheim.~ Cal.[fornia - COUNCIL MINUTES - October 26, 1976, 1'30 P.M.
Mr. Hank Rivera, 451 Country Hill Road, President of Santa Ana Canyon Property
Owners Association, stated that he hoped the Concerns presented would be re-
ceived in an objective and constructive manner.
Mr. Eugene Borowicz, 6693 East Paseo Fiesta, President of the Broadmoor-Northridge
Homeowners Associat~on~ explained that 'his main purpose was to get the
consciences of the City Council and the Planning Commission motivated relative
to proper development in the Canyon. He pointed to advertisements that drew him
to the area where it was stated that much of nature was going to be protected in
the planned community being developed. He stressed that many times homeowners
were told it was too late to do anything about certain aspects of developments
to which they objected because the final tract map was ready for approval. Mr.
Borowicz stated that he had spent two years trying to make the City Council and
the neighbors aware of what. was happening in the Canyon and he preferred not to
have to do this.
Mr. Borowicz asked that both bodies search out some of the ideas to be presented
and give them due consideration emphasizing that the important question to ask
was whether the wrong direction was being taken in planning the Canyon as well as
approving things already planned.
Councilman Kott .asked Mr. Borowicz what criteria he was referring to when he men---
tioned some of the "wrongs" that had occurred.
Mr. Borowicz explained that the homeowners did not. like some of the intended uses
planned or that had already occurred and hoped that after tonight's meeting they
would not have to do anything else about such matters.
Mr. Owen Brown, 6694 Paseo Del Norte, explained that he lived in the Broadmoor-
Northridge in Anaheim Hills where he and the rest of the homeowners had worked
hard to develop the area into a quality community. They became concerned, however,
when certain areas bordering their tract were Aoing to be developed in ways that
were contrary to what they had an.ticipated.
Mr. Brown also expressed concern over the disparity between some City departments
and City staff which not only created conflict in, City government, but also
problems with the homeowners. He cited an example whereby the City Council~ unani-
mously accepted three park sites from Anaheim Hills Inc.. in August of 1975 and
subsequently several homeowners within the Broadmoor-Northridge Tract spoke
with the Parks, Recreation and the Arts Department about the development of parks
in their area, one of the three to be located at the intersection of Canyon Rim
Road and Fairmont Boulevard. For one and a half years, they were led to believe
that a park would be built on the site. However, Mr. Brown indicated he had
learned two days ago that an EIR had been filed by the City of Anaheim for an
electrical substation to be located on that site. He explained that no one in
the area ever believed that there would be anything but a park at that location
because they were told by City staff and the City Council that this would happen.
He stressed that such occurrences were-the reasons why this special meeting was
being held, as well ss o-ther problems such as tree removal and strip commercial;
the latter being why so many moved to the Canyon area away from boulevards such
as Beach, Harbor and Hawthorne. They were dismayed to find, however, that such
boulevards were following them and they did not want strip commercial in the
area.
Extensive discussion followed revolving around the EIR filed for the Substation and
Mr. Brown asked 'for personal assurances that before Council considered the matter,
notification be given because thereafter it would no longer be in the preliminary
stages; such being the type of problem he referred to earlier.
Since some Members of the Council had no knowledge of the subject EIR, Mayor
Thom asked that Councilman Seymour expand on the matter since it was presented
at the last Santa Ana Canyon Task Force meeting which he (Seymour) attended.
76-788
City Hall~. Anaheim~ California _ COUNCIL MINUTES - October 26, 1976., 1'30 P.M.
Councilman. Seymour first explained the formation and make-up of the Task Force
as well as its accomplishments over the past two years, such as the Tree Preser-
vation, Grading and Billboard Ordinances.
Concerning the substation, Councilman Seymour explained that totally unannounced
to anyone, a repreSentative from the Utilities Department, Mr. George Edwards,
Electrical Superintendent, came and asked for time to speak and suggested that
in order to provide good electrical service to the Canyon, that a substation was
needed and ideally should be located close to utility lines where it would cost the
least amount of money to build. This was the criteria used for selecting the partic-
ular park site adjacent to the Broadmoor development. Mr. Edwards was cautioned
about the concern that would be expressed over the proposed site and both Council-
man Seymour and Councilwoman Kaywood, who was also at the meeting, gave assurances
that there was no way they could support location of a substation on that park site.
While Mr. Brown was right in that a staff recommendation~would be made to do so,
the Council had not yet seen it or had a chance to respond. Though it might cost
more, Councilman Seymour indicated that he and Councilwoman Kaywood-would work
toward the end of having it located elsewhere. He conceded that eventually,
because of the need for electrical energy, a substation would have to be located
somewhere in the area closeby.
Councilman Seymour further emphasized that although the Utilities Department had
picked the site, they did not make the final decisions and assured Mr. Brown that
a total, complete public hearing would be held when the decision was to be m~de
and also reiterated his personal assurances that he would not support the loca-
tion of a substation on that site.
Mr. John Lether, (no address stated) indicated that it was his understanding
if land was dedicated and subsequently not used for the dedicated.purpose,
it would revert back to the grantor.
Deputy City Attorney Lowry explained that the subject land came to the City fee
simple absolute, thereby it did not have any reservation on it for park purposes.
He also confirmed on further question by Mr. Lether that no preliminary documen-
tation from the Utilities Department preceded the EIR in the form of a proposal
because there could be no such documentation until after the EIR was filed.
Planning Commissioner Lewis Herbst indicated that the recommendation made at the
Task Force Meeting was that Electrical Superintendent Edwards go back to the
"drawing board" and come up with additional sites and recommendations for further
Task Force consideration and subsequently report those recommendations to the
City Council.
For clarification purposes, City Manager Talley confirmed that the subject EIR
was filed the previous week and then explained the procedure that would be followed,
ultimately ending with a public hearing before the Planning Commission and then
the City Council at which time a final decision would be reached.
Before leaving the subject, Mr. Brown commended Councilman Seymour and Council-
woman Kaywood who both serve on the Canyon Area Task Force for the time and effort
they put forth to listen to the problems of the homeowners.
He concluded by reiterating objection to the park site being used for a substation.
Mr. Christensen stressed that the basic problem was communication citing the sub-
station example as being too early in the planning stages and the first test of
the Tree Preservation Ordinance involving a large stand of eucalyptus trees on the
Wertin development as being too late. He gave the background history on the latter
case which was discussed in numerous Council meetings,ending with denial by the
Council of the developers tree removal plan; the homeowners going away from that
meeting confident that the Council acted to sustain the Tree Preservation Ordinance.
Subsequently, however, after additional meetings and research to ascertain whether
or not the subject trees were diseased, dead or dying as well as proposed litiga-
tion by the developer, staff, in Mr. Christensen's opinion, did a complete about-face
and approved the final tract map including the tree removal plan, The point he
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Hall, Anaheimz California- COUNCIl, MINUTES- October 26, 19.76, 1'30 P.M.
wanted to .emphasize was that the trees could still be standing if the developer
wanted them to stand by designing in such a way as to preserve them.
Mr. Christensen was also concerned that there was no way of knowing wh'en tree
removals were coming up so they could be acted upon in time as there was no
mention of tree removal requests in the minutes of the Planning Commission and
the only way to know was to go down to City Hall and look at the tract maps.
He wanted to find out what the right time was between too early and then too
late.
Mr. Christensen clarified that the homeowners he represents were not die-hard
environmentalists opposed to removal of any ~trees but more concerned about the
orderly development of the Canyon. They were also not opposed to developers
because the property obviously had to be developed and trees removed in some
cases, but they were perturbed that now developers viewed the Ordinance as a
Tree Removal and Replacement Ordinance and not a Tree Preservation Ordinance.
Councilman Seymour, in order to resolve the communi_t:ation problem so apparent,
and in view of the fact that the work of the present Task Force would soon be de-
"'elerating, suggested the creation of some type of advisory or review committee
made up solely of the leadership of the Homeowners Associations in the Canyon
who would meet in a non-public forum with the developer to discuss plans even
before they were submitted to the Planning Commission and the EIR filed in order
to share problems simultaneously. Such a forum would give the homeowners an
opportunity to have advance information and, as well, give the developer an
opportunity to know the concerns and problems of the homeowners beforehand, thereby
enabling the developer to prepare and meet such concerns at the Planning Commis-
sion level. He explained t. hat the proposed plan had been tried in other communi-
t.~..es and proven successft.~] and he was ~nterested in soliciting a response from
both the ci'tizens, the Planning Commission and other members of the Council on
the matter.
Planning Commissioner Floyd Farano, after explaining what the Planning Commission
tries to accomplish in their meetings, emphasized that if the Task Force was to
take on a more permanent form, the need was for a "devil's advocate" to review,
analyze and digest each application so that the Planning Commission had available
to them both sides of every story to eliminate any bias; the role should not be
one of an obstructionist, but a critical and constructive review to give the
Planning Commission and/or the Council an ho~est view right down the middle.
Mr. Earano also stated that the reason why tree removals have been a problem is that
they have been buried in preliminary tract maps and the Planning Commission
can only find out about them if they ask questions. However, he indicated as
reported to him by Frank Lowry, that instituted approximately six weeks prior
was a provision whereby if any tree removals were involved in a project, they
would have to be specifically pointed out and administrative review or rejection
by the Planning Commission would be done at that point in time so that recom-
mendations could be made without having to wait until the matter advanced to
the final tract map stage.
Planning Commissioner Chairman Glen Johnson explained that ideally the Planning
Commission eliminated some of the rough corners to get the properties in shape
in order to satisfy the people in the community, the people complaining and still
satisfy the developer/owner of the property. If the Planning Commission turned
everything down automatically, the matter would go to City Council and there would
not be an opportunity to respond and bend to the satisfaction of most of the people.
76-790
City Hal!., Anaheim, California- COUNCIL MINUTES -October. 26~ 19.76~ 1'30 P.M.
Mr. JohnsQn viewed the Planning Commission as a bulwark between the citizens
and the Council as they themselves were citizens and not Paid staff members;
as Councilman Seymour pointed out, at least three of the seven Commissioners
lived in the Canyon area.
Mr. Christensen introduced Mr. Joel Gold, a developer who never asked for a
variance.
Joel Gold, 191 Cobblestone Lane, explained that he came to the meeting specifically
on the behalf of the residents in the community in order to prevent some of the
things that have happened in the Canyon and to find out what they could do to
prevent further destruction of live trees and the natural terrain. He explained
that it was his opinion that the Council was not for the destruction of trees
but the problem, referring to the 22-acre development in Peralta Hills previously
discussed, was a mechanics one. Before and after slides were shown of the trees
involved in the development, Mr. Gold explained that he had presented an alternative
pl. an that would have prevented the loss of almost all the trees by the developer.
Specifically, Mr. Gold was concerned that the homeowners did not hear early enough
and wanted to know how they could be told when the developer submits a tract map
and before submission of the final map. .
Commissioner Farano, after ascertaining that Mr. Gold was a developer in the area
for only one year, stressed how diligently the Planning Commission fought with
developers for every tree and every p~ece of ground in the early days of Canyon
development where repeatedly plans were sent back becaus~ they were marginal
projects at best. Mr. Farano explained that, after a great deal of effort on
the part of the Planning Commission, developers were now taking a more interested
role and he further asserted that it was the obligation of the developer to let
the homeowners see what was planned instead of coming to the Planning Commission
with borderline projects. The developer's first responsibility was to. bri.ng the
development out in the open and present the proposed tract map to the homeowners.
Thereupon Hr. Gold suggested the developer be required to do so.
Mr. Farano also stated that somehow City procedures should provide for more notice
to the homeowners.
Councilman Seymour explained that the problem of disseminating information was
one of logistics relative not only to the number of homeowners at present, but
also new homeowners with respect to future growth. He emphasized that the
leadership of the Homeowners Associations had to be called on to provide such
information.
Mrs. Janice Hall, 545 Tumbleweed, suggested that information could be obtained
by going to the Planning Commission for agendas and staff reports and she also
commented that it would be advantageous if more of the homeowners attended the
Planning Commission meetings.
Mr. Stewart Moss, 1019 Via Vista, stated that there were times when variances
are needed to create a decent development and cited an example of a tract under
development further east in the Canyon consisting of a number of "flagpole"
lots with no variances as far as minimum size just to get the lot size up to
the gross and net area. It was his opinion that no one was prepared to sacrifice
quality development just for elimination of any variance.
RECESS' By general consent, the City Council and the City Planning Commission
recessed for ten minutes (9'55 p.m.).
AFTER RECESS' Mayor Thom called the meeting to order, all COuncil Members and
Planning Commissioners being present (10'05p.m.).
76-791
City Hall, Anaheim~ California - COUNCIL MINUTES - October 26, 1976~ 1'30 P.M_._
TREE PRESERVATION. Mitzy Ozaki explained that when the Tree Ordinance was
first proposed in March of 1975 she asked that. some provision be made to
notify property owners when an attempt by the developer was made to remove
trees. Planning responded that the suggestion was being considered with
tt~e administration of the ordinance, but she noted to date no such pro-
vision had been made.
Mrs. Ozaki stated that relative to the tree removal on the Wertin Development,
she contacted the City Attorney's Office and was told that the intent of the
Tree Preservation Ordinance was that of tree replacement; she emphasized that
this certainly was not the intent of the Tree Ordinance in her opinion.
Mrs. Ozaki then cited two instances -- the Wertin and Sunburst Developments --
which required extensive research and investigation where, in the final analysis,
the tree removal plans were approved by the Council, Councilwoman Kaywood dissent-.
lng on the latter.
Past occurrences and matters of concern were (1) Planning Commission and Council
approval were given to developers to remove trees where just causes were not
established, (2) replacement of trees does not justify tree removal, (3) as
a citizen of Anaheim she took offense in having City staff state that the intent
of the Tree Ordinance was replacement when the title itself was indicative of
its main intent, (4) it was unfair for staff to claim there were fewer trees
than actually existed on a particular piece of property, (5) disappointment
with Planning for not making provision for notification to homeowners on tree
removals and, (6) the provision in the Ordinance for appeal by property
owners on decisions, with no action taken on such an appeal as filed on August 30,
1976, relative to the Sunburst Development.
Mrs. Ozaki stressed that if the Ordinance was too weak for enforcement, then it
should be reviewed and "toughened up".
Councilman Seymour noting the concern over the size of replacement trees by the
homeowners, asked staff to respond to this concern.
Planning Director Thompson explained some of the background history leading up
to the Scenic Corridor Ordinance, citing the professional opinion given at the
time the Ordinance was conceived, that if replacement trees were too large they
would not withstand the wind conditions in the Canyon and, after a short period
of time, smaller trees would catch up and actually exceed the growth of the
larger trees.
'Mayor Thom confirmed that the topic was discussed many times before and it was
the concensus of professional opinion that a smaller tree would grow better,
stronger and faster in foliage.
Councilman Seymour read a letter from Lang and Wood, Landscape Architects, wherein
it was their opinion that even a one-gallon eucalyptus tree given the proper care
often outgrew fifteen-gallon eucalyptus trees which opinion was also expressed by.
Richard W. Harris, Environmental Horticulture Department at the University of
California at Davis.
Dione Hesketh, 330 South Timken Road, pointed out that only one type of tree was
under discussion, whereas 25 or 30 other species are listed in the Ordinance, which
could be replaced by the developer. She wanted to know if the same held true for
these other trees as well and, if not, maybe those trees should be in a larger
container. She was not in agreement with the opinions cited by Councilman Seymour,
Mr. Rivera explained that there were 1,500 varieties of eucalyptus trees alone,
however, the issue was removing the trees all together, As in the case of "diseased"
trees, he explained that any tree surgeon would indicate that you treat the
disease, not kill the trees.
76-792
City.Hall, Anaheim~ California- COUNCIL MINUTES- October 26~ 1976~ 1-30 P.M.
Commissioner Johnson asserted that one area in his opinion where the public
feels "shortchanged" was in the area of tree r'eplacement whereby, for example,
a lO0-foot tree is replaced by a five-gallon tree. He, therefore, strongly
recommended that the Council or staff look at that one area. ,~
Councilman Kott expressed the opinion that although he had been listening for
three hours he had not heard anything that he could help with and wanted clari-
fication as to exactly what the homeowners wanted.
Mr. Christensen responded that the issue tonight was an attempt to bring out
some specifics to let the Planning Commission, Council and staff know that
their interpretation of the Tree Preservation Ordinance was not in conformance with
the way the homeowners felt it should be interpreted and also other matters
such as setbacks and landscaping. He emphasized that they wanted organized
development and enforcement of existing ordinances as they were written. After
further discussion, Mr. Christensen reiterated his concern that he did not know
about projects until it was too late for him to do anything.
Planning Commissioner Charlene Barnes offered to give her' phone number to any-
one who wished it and she would be glad to give information as to matters coming
up before the Planning Commission at their regular meetings.
Councilman Seymour, since communication was one of the main problems, offered
to mail to the Presidents of the Homeowners Associations in the Canyon at City
expense both the Planning Commission and Council Agendas if the Council agreed
thereby providing necessary data should they wish recourse.
Mrs° Ozaki indicated that the problem was the preliminary research usually ~e-
cessary of approximately 20 to 30 hours and the most effective time for notifying
the homeowner's representatives was when the developer filed an application.
Mary Dinndorf, 131 South La Paz, Santa Ana Canyon Improvement Association, stress-
ed the importance of considering the abuses of the Scenic Corridor generally such
as commercial development (she was adamant about precluding strip commercial),
motels, signs, and the like and she had been fighting for seven years to preserve th
aesthetic beauty of the Canyon as well as a certain life style. She also explained
the extensive efforts made to meet with developers to the point where the develop-
er, instead, called the Santa Ana Canyon Improvement Association. She commented
on the difficulty in getting other than a few people to come to meetings where
matters of concern were discussed. She concluded by commending the Council for
their patience, time and cooperation over the past years relative to problems
pertaining to the Scenic Corridor.
VARIANCES AND EXCEPTIONS- Mr. Sam Gaylord, 283 Del Giorgio Road, Santa Ana Canyon
Property Owners Association, spoke to the matter of variances and the reasons for
allowing them and pointed out two alternatives that could be taken by developers
from site development standards. Mr. Gaylord read excerpts from certain Code
sections outlining the criteria for requesting variances which, in his opinion,
were being compromised to the detriment of the Canyon and pointed out several
specific cases where this had occurred. He expressed the opinion that certain
provisions made it easy for a petitioner to seek and be granted a variance that
best suited his own personal and financial gains. The group he represented was
asking nothing that would increase costs or taxes but instead decrease work loads
on various committees and departments, and also wanted a better understanding be-
tween the citizens and the government.
Commissioner Barnes responded to Mr. Gaylord relative to a specific case that
he cited and reported that the counterpart to Mr. Gaylord's organization in
the Canyon were of the opposite opinion -- half of the homeowners were for and
the other half were against, making a decision by the City Planning Commission
a difficult one.
76-793
Citji Hall, Anaheim~ California - COUNCIL MINUTES - October 26, 1976, 1'30 P.M.
Mayor Thom. stated that the Council had the ultimate power to approve or dis-
approve requests and they try to achieve some type of compromise to come to
the best decision as far as they viewed the matter, realizing that such de-
cisions were not embraced by everyone but with the objective of pleasing the
greatest majority.
Mr. Gaylord was concerned that there was a provision in the Code for compromise
and he was asking that the Code be strictly maintained; Mrs. Ozaki too was
concerned that alternatives were already provided in the Ordinance.
Commissioner Farano interjected that the Planning Commission represented approx-
imately 200,000 people and that the rest of the taxpayers had to be considered
and this fact entered into the decision making process.
GRADING' Ferrell Weber, 480 Via Vista Boulevard, stated that the hills were being
raped relative to the type of grading being allowed. He showed slides depicting
present grading and stressed that if such grading was indicative of what the
Ordinance allowed, then the Ordinance should be changed because it was not what
the homeowners wanted.
Commissioner Farano emphasized the great deal of time and.effort put into the
Grading Ordinance leading up to its adoption. He was of the opinion that if
the Hillside Grading as illustrated typified the results of the Grading Ordinance,
then it should be reviewed.
Councilman Seymour interjected that while the Grading Ordinance may not be the
best, it was the best that the people in the Canyon had put into it over the
long months of deliberation; many of the homeowners' representatives present at
the meeting having been involved in its creation before it was presented to the
Planning Commission and the Council. What was needed now were positive sugges-
tions to make the Ordinance work as they wished.
SUMMARY' Mitzy Ozaki stressed the importance of giving consideration to the
enforcement and maintenance of existing ordinances and if these ordinances were
not adequate for protection of .the environment in the Scenic Corridor, then they
should be reviewed.
Owen Brown indicated his willingness to accept Councilman Seymour's idea of a
commission or advisory committee for the Hill and Canyon area. He also empha-
sized that quality of planning was a major concern of the people he represented,
and they wanted developers to do their best when planning developments for their
area. He requested that the original plan for the Canyon not be abandoned; the
Council and Planning Commission had done a good job in the beginning and he want-
ed to see a continuation of that initial thrust.
Planning Commission Chairman Johnson stated that the role of the Planning Commis-
sion at the meeting was not to defend previous actions taken but to relay that
they try to come to the best conclusions for the citizens of Anaheim. They took
no offense to the things that were said, but would strive to do better.
He explained that his main purpose for being on the Commission was to protect the
amenities of the hills. He was also desirous of seeing that the Grading Ordinance
be modified further to assure more projects with minimum grading.
Councilman Seymour stated that relative to the Scenic Corridor a better job could
always be done and he was conmaitted to this end. He asked for~the patience, under-
standing, help and input of the homeowners leading to specific solutions.
Mayor Thom indicated that a great deal of help was given by the input received
but continued, active citizen participation was needed to make for a better end
product.
76-794
City Hal. l, Anaheim, .:C_.alifp_rni.a' .... - COUNCIL MINUTES. -Octobe.r...26, 1.97p~ 1-30 P.M.
PERMISSION TO LEAVE STATE FOR NINETY DAYS' On motion by Councilman Seymour,
seconded by Councilwoman Kaywood, Councilman Thorn's requeSt for permission
to leave the State for 90 days was approved. MOTION CARRIED.
CITY PLANNING COMMISSION ADJOURNMENT- On motion by Commissioner Morley,
seconded by Commissioner Herbst, the City Planning Commission adjourned.
MOTION CARRIED. (11'14 p.m.)
ADJOURNMENT' Councilman Seymour moved to adjourn. Councilman Thom seconded
the motion. MOTION CARRIED.
Adjourned. 11-14 P.M.
LINDA D. ROBERTS, CITY CLERK