1971/10/1271-612
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
Chief Michel reported that, by all accounts, it was the most suc-
cessful conference ever held in the history of the Association,
and credit should be expressed to Councilman Stephenson who, while
Anaheim's Chief of Police, made the successful bid to have the Con-
ference in Anaheim.
PROCLAMATION: A Proclamation, proclaiming "National Business Women's Week,"
October 17 to 23, 1971, was unanimously ratified by the City Coun-
cil.
INTRODUCTION OF NEW EMPLOYEES: Hal Steinruck, of the City Personnel Depart-
ment, introduced 40 new City employees.
Mayor Pro Tem Stephenson extended a word of welcome.
MINUTES: Approval of the City Council Minutes of the regular meeting held October
5, 1971, was deferred to the next meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive
the reading in full of all ordinances and resolutions, and that consent to
the waiver of reading is hereby given by all Councilmen, unless after read-
ing ~f the title, specific request is made by a Councilman for the reading
of such ordinance or resolution. Councilman Thom seconded the motion. MOTION
UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the
amount of $457,545.12, in accordance with the 1971-72 Budget, were approved.
CONDITIONAL USE PERMIT NO. 1248: Submitted by La Salle Hotel Company, Owner,
Nicholas P. Barletta, representing National Sierra Pictures Corporation,
Authorized Agent, to permit a motion picture studio and related tourist
oriented attractions, and to permit a restaurant and cocktail lounge on property
presently zoned County 100-Mi-20,000, located on the south side of La Palma
Avenue, west of Kraemer Boulevard, with the following waivers:
a. Maximum height of a free-standing sign.
b. Maximum sign height.
c. Maximum area of a multi-faced, free-standing sign.
d. Location of free-standing sign.
e. Maximum sign area in the parking-landscape area.
The City Planning Commission, pursuant to Resolution No. PC71-164,
denied said conditional use permit.
Appeal from action taken by the City Planning Commission was filed
by Nicholas P. Barletta, on behalf of National Sierra Pictures Corporation,
and public hearing scheduled this date.
On motion by Councilman Roth, seconded by Councilman Pebley, said
public hearing was continued one week (October 19, 1971, 1:30 P.M.), for a
full Council. MOTION CARRIED.
PUBLIC ~RING - RECLASSIFICATION NO. 71-72-11, VARIANCE NO. 2287, AND CONDITIONAL
USE PERMIT NO. 1253: Submitted by Urban C. Peltzer, et al, requesting a change
of zone from R-A to R-3 (Portion 1), and from R-A to C-1 (Portion 2); property
briefly described as that triangular parcel of property located on the south
side of Crescent Avenue, adjacent to the Santa Ana Freeway to the south, to
permit construction of a 98-unit, two-story apartment complex on Portion 1,
with variance allowing the following waivers:
(a) Maximum height within 150 feet of a single-family residential
zone,
(b) Minimum distance between buildings,
and conditional use permit to establish an automobile service station on Por-
tion 2 within 75 feet of a residential zone, with the following waiver:
(a) Requirement that service stations are limited to those sites
at the intersection of two arterial highways.
71-613
City Hall, Anaheim, California - COUNCIL MINUTES - October 12~ 1971~ 1:30 P.M.
The City Planning Commission, pursuant to Resolution Nos. PC71-173,
PC71-174 and PC71-175, respectively, denied Reclassification No. 71-72-11,
Variance No. 2287, and Conditional Use Permit No. 1253.
Mr. Roberts noted the location of subject property and in summariz-
ing the hearing before the City Planning Commission read the findings of the
Commission, on which their denial was based, noted the strongest objection was
the proposed C-1 use of the corner, which is not consistent with the Land Use
Statement on the General Plan for the area. He further advised, when requested
by the Commission to incorporate the proposed C-1 area with the R-3, the Appli-
cant was not willing to do so; also, the proposed Crescent Avenue overcrossing
of the Santa Ana Freeway would severely limit access to the service station
site, and other changes proposed by the State Division of Highways in this area
may further compound access problems.
As to the timing of the construction of the Crescent Avenue over-
crossing, Mr. Maddox advised that the crossing has been approved by the State
and a number of studies have been made, one of which was posted on the east
wall of the Council Chambers, and although the plans indicate an on and off
ramp, this may not materialize, and it may be an overcrossing only. He stated
no time schedule has been established for the project and it was estimated to
be approximately five years from now.
Mayor Pro Tem Stephenson invited the Applicant to address the Council.
Mr. John Zylstra, 710 North Euclid Street, Anaheim, one of the pro-
posed developers, together with R & T Investments of the R-3 portion of subject
property, in answer to Council questions, stated the one unit within the 150-
foot area projects nine feet and is a two-story, townhouse-type unit; having
no windows on the second floor, there would be no intrusion into the adjacent
property.
Mr. Zylstra further advised that there will first be a six-foot wall,
then a twenty-foot buffer strip between the garages and driveways to the resi-
dential areas, which area will be landscaped and bermed.
Mr. James L. Morris, 454 South Anaheim Boulevard, Agent representing
the seller, regarding the request for C-1 zoning, stated he was endeavoring
to obtain the highest and best use for the property and it was their opinion,
because of the location, that would be a service station use. He further ad-
vised that they have an oil company interestad in the property.
Mr. Morris reported that two months ago he checked on the probable
construction time of the overcrossing, and at that time it was felt suffi-
ciently distant to assume the use of the property as a service station would
be long enough to make the venture economically feasible. It was his under-
standing now, with other developments in the area, the overcrossing might ma-
terialize sooner than first anticipated, and had they known that two months
ago, the use may not have been requested.
Mr. Morris reported that, in his opinion, the highest and best use
of the property, exclusive of service station use, would be an R-3 zoning on
the entire parcel.
As to the period of time the station could be used, it was first es-
timated to be eight, ten, or fifteen years, and possibly the overcrossing would
never be constructed, considering State finances and other more important lo-
cations. With this in mind, the oil company estimated ten years' use of this
project would make the venture economically feasible.
Mr. Urban Peltzer, 5138 Serrano, Orange, California, one of the Ow-
ners of subject property, advised that he was not prepared to accept R-3 zon-
ing for the entire parcel, without first consulting with other members of the
family. Further, the sale of the property was contingent on a service station
use. He personally preferred leaving the property R-A, rather than obtaining
an R-3 zoning, thereby increasing the property taxes by increasing the asses-
sed valuation of the property.
71-614
City Hall~ Anaheim, California - COUNCIL MINUTES - October 12~ 1971~ 1:30 P.M.
Mr. Zylstra requested a 20-minute Recess to resolve the situation
with Mr. Peltzer, inasmuch as they would like a decision on the issue today.
proved.
By general consent of the City Council, a 20-minute Recess was ap-
Later in the meeting the hearing on subject property resumed.
Mr. Zylstra requested R-3 zoning on the entire parcel of property
and three-week extension of time so that new plans can be developed accord-
ingly.
Mayor Pro Tem Stephenson then asked if anyone else would like to
address the Council, either favoring or opposing subject reclassification.
Mr. Loyal Edward Humphrey, 1830 Westmont Drive, Anaheim, presented
a petition of property owners in the area in favor of the R-3 zoning and op-
posing the C-1 zoning.
He stated that they would like to see apartments built, thereby
providing a buffer between the single-family dwellings and the Santa Ana
Freeway. However, they do oppose the C-1 use.
It was determined that the public hearing be continued to allow
readvertisement of the proposed R-3 zoning for the entire parcel of pro-
perty before the City Council only, inasmuch as the City Planning Cormnis-
sion had basically approved the R-3 zoning that would be extended onto
the proposed commercial property.
On motion by Councilman Roth, seconded by Councilman Pebley, pub-
lic hearing on Reclassification No. 71-72-11, Variance No. 2287, and Condi-
tional use No. 1253 was continued three weeks (November 2, 1971, 1:30 P.M.)
to allow readvertisement of the property, subject to the payment of $50.00
costs. MOTION CARRIED.
REVIEW - CONDITIONAL USE PERMITS NOS, 1046~ 1047, 1048 and 1049: Review was held
on the foregoing noted conditional use permits,in accordance with Council ap-
proval of said billboards, located as follows:
CONDITIONAL USE PERMIT NO. 1046 - Southwest corner of Ball Road and State
College Boulevard.
CONDITIONAL USE PERMIT NO. 1047 - West side of Magnolia Avenue, north of
Lincoln Avenue.
CONDITIONAL USE PERMIT NO. 1048 - East side of State College Boulevard, south
of Orangethorpe Avenue.
CONDITIONAL USE PERMIT NO. 1049 - Northeast corner of Magnolia Avenue and
Broadway.
Also submitted was report from the Development Services Department,
recommending termination of Conditional Use Permit No. 1046, in that the bill-
board has been removed; and Conditional Use Permit No. 1049, due to the fact
that the billboard was never constructed.
On motion by Councilraan Thom, seconded by Councilman Pebley, one-
year extension of time was granted to Conditional Use Permit Nos. 1047 and
1048. MOTION CARRIED.
RESOLUTION NO. 71R-451: Councilman Thom offered Resolution No. 71R-451 for
adoption, terminating Conditional Use Permit Nos. 1046 and 1049, as recom-
mended.
Refer to Resolution Book.
71-615
City Hall, Anaheim, California - COUNCIL MINUTES - October 12~ 1971~ .1:30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL
PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMITS NOS. 1046 AND 1049,
AND DECLARING RESOLUTION NOS. 65R-563 AND 68R-566 NULL AND VOID.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolution No. 71R-451 duly passed and
adopted.
HEALTH SERVICE FEES: Orange County Board of Supervisors Ordinance No. 2515, estab-
lishing Health Service Fees, and Resolution No. 71-447, relative to Food Vend-
ing Permits were submitted, together with communication from the City Attorney
of the City of Laguna Beach to the Board of Supervisors, questioning the en-
forcement of the County Ordinance in incorporated areas, without cities also
adopting ordinances imposing said fees.
Mr. Geisler reported that the City of Anaheim has contracted with
the County of Orange for Health services since 1938, and that his office will
further research this issue, that in all probability an ordinance should be
adopted, however, there was no immediate urgency to adopt such an ordinance.
On motion by Councilman Thom, seconded by Councilman Roth, the above
correspondence was ordered received and filed. MOTION CARRIED.
BRANCH LIBRARY SITE - JUAREZ PARK: Communication submitted by Mrs. Elizabeth J.
Schultz, Chairman of the Library Board, requesting the City Council to desig-
nate an area from one to two acres on the south boundary of the Juarez Park
site along Sunkist Street, as a site for a future branch library, was sub-
mitted together with endorsement from the Park and Recreation Commission, filed
by Mr. John Collier, Park and Recreation Director.
Mrs. Schultz, in answer to why this action is requested at this time
in that the property is already owned by the City, advised that since the per-
sonnel of the Library Board and that of the City Council are both subject to
change, they would like official Council action at this time that property
would be set aside in the Juarez Park for the site of a future branch library
to be constructed when the funds are available.
Mr. Murdoch reported on three other locations previously considered
for a branch library site in the east Anaheim area that did not materialize.
He further advised it was at their suggestion the Library consider the Juarez
Park site and after a thorough investigation it was felt it would serve the
purpose quite well and would serve the area recommended by the Library Board
and be compatible with Park use. Considered also was the possibility of util-
izing the existing house on the property as a temporary solution.
At the conclusion of the discussion, on motion by Councilman Pebley,
seconded by Councilman Thom, a portion of the proposed Juarez Park was desig-
nated as a future branch library site, as requested by the Library Board and
recommended by the Park and Recreation Commission and City Manager. MOTION
CARRIED.
ANAI4EIMART ASSOCIATION - FALL ART FESTIVAL: Request of Anaheim Art Association
to sell works of art during the 8th Annual Fall Art Festival, to be held in
Pearson Park, Saturday and Sunday, October 16 and 17, 1971, from 10:00 A.M.
to 5:00 P.M., and also requesting permission to sell refreshments on the Park
grounds, the income from which to be used for Youth Activities, was submitted
together with reports from the License Department and Park and Recreation De-
partment.
On motion by Councilman Pebley, seconded by Councilman Roth, per-
mission to sell works of art was granted on the basis that the primary purpose
of the Festival is to exhibit art for cultural purposes, and the sale of art
work is incidental to the main purpose, therefore, prohibition against display-
ing price, name and telephone number of artists on sale of art works is waived,
71-616
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
on condition that consurm~ation of the sale or delivery not be made while art
is displayed in the Park. Further, request to sell refreshments in accord-
ance with Park Regulations is granted, and waiver of business license author-
ized. MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission, at
their meeting held September 20, 1971, pertaining to the following applica-
tions, were submitted for Council information and consideration:
CONDITIONAL USE PERMIT NO. 1259: Submitted by Greenleaf Investments, to ex-
pand an existing convalescent hospital on property presently zoned C-O, lo-
cated on the east side of Euclid Street, north of Orangewood Avenue.
The City Planning Comanission, pursuant to Resolution No. PC71-183,
granted said conditional use permit, subject to conditions.
CONDITIONAL USE PERMIT NO. 1263: Submitted by Tic Toc Market, to permit on-
sale liquor in an existing restaurant on property presently zoned C-l, lo-
cated at the northeast corner of Sycamore and East Streets, with waivers of:
a. Maximum number of free-standing signs.
b. Permitted free-standing sign location.
The City Planning Commission, pursuant to Resolution No. PC71-185,
granted said conditional use permit, in part, allowing the use, denying Wai-
ver "a," and permitting withdrawal of Waiver "b," subject to conditions.
VARIANCE NO. 1892: Pursuant to City Planning Con~aission Resolution No. PC71-
191, Variance No. 1892, recently terminated by Resolution No. PC71-166, was
reinstated on the basis that Petitioner had exercised two of the waivers
granted under Variance No. 1892.
The foregoing actions were reviewed by the City Council, and no
further action taken.
CONDITIONAL USE PERMIT NO. 1264: Submitted by Jerry and Nancy King, to es-
tablish on-sale beer and wine in conjunction with a restaurant on C-1 zoned
property located south and east of the southeast corner of State College Bou-
levard and South Street, requesting waivers of:
a. Maximum number of signs.
b. Location of free-standing signs.
The City Planning Commission, pursuant to Resolution No. PC71-186,
granted said conditional use permit, in part, thereby granting requested use,
and denying waivers "a" and "b," subject to conditions.
VARIANCE NO. 1695 - TERMINATION: The City Planning Commission, pursuant to
Resolution No. PC71-188, terminated all proceedings in connection with Var-
iance No. 1695, on the basis that the Petitioner had not exercised waivers
granted, nor had any of the conditions of approval been met, and on the fur-
ther basis that said variance was superseded by the granting of Conditional
Use Permit No. 1264.
The foregoing actions were reviewed by the City Council, and no
further action taken.
CONDITIONAL USE PERMIT NO. 1103 - TERMINATION: The City Planning Commission,
pursuant to Resolution No. PC71-187, recommended termination of all proceed-
ings in connection with Conditional Use Permit No. 1103, on the basis that
the Petitioner had not exercised the rights granted under said Resolution,
nor had the conditions of approval been met, and on the further basis that
said conditional use permit is superseded by the granting of Conditional
Use Permit No. 1264.
RESOLUTION NO. 71R-452: Councilan Thom offered Resolution No. 71R-452 for
adoption, terminating Conditional Use Permit No. 1103, as recommended.
71-617
City Hal!, .Anaheim, .Califqrnia - COUNC![ MINUTES October 12~ 1971, 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL
PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1103, AND DE-
CLARING RESOLUTION NO. 69R-209 NULL AND VOID.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolution No. 71R-452 duly passed and
adopted.
TENTATIVE TRACT NO. 7471: Developer - Ponderosa Homes. Property located on the
north side of the future extension of La Patma Avenue, south of Esperanza
Road, and easterly of Imperial Highway, comprising approximately 35 acres,
proposed for subdivision into 184 R-2-5,000 zoned lots.
The City Planning Con~nission, at their meeting held October 4, 1971,
recommended approval of said Tentative Map, subject to the following condi-
tions:
1. That the approval of Tentative Map of Tract No. 7471 is granted
subject to the completion of Reclassification No. 70-71-25.
2. That should this subdivision be developed as more than one sub-
division, each subdivision thereof shall be submitted in tentative form for
approval.
3. That all lots within this tract shall be served by underground
utilities.
4. That a final tract map of subject property shall be submitted
to and approved by the City Council and then be recorded in the office of
the Orange County Recorder.
5. That street names shall be approved by the City of Anaheim prior
to approval of a final tract map.
6. That the owners of subject property shall pay to the City of
Anaheim the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the build-
ing permit is issued.
7. That the vehicular access rights, except at street and/or alley
openings, to La Palma Avenue shall be dedicated to the City of Anaheim.
8. That drainage of subject tract shall be disposed of in a manner
that is satisfactory to the City Engineer. This shall include provisions
for accepting and transporting runoff through the tract from any upstream
tributary area.
9. That a permit shall be obtained from the Orange County Flood
Control District for any work within the Santa Ana River Channel right-of-
way.
10. That final disposition of the well site adjacent to Lot 76
shall be provided for in a manner that is satisfactory to the City of Anaheim.
11. That any application for an encroachment permit for the irriga-
tion line across "J" Street shall be filed concurrently with the submittal
of the final tract map.
12. That the developer shall obtain a favorable flood hazard let-
ter, acceptable to the City of Anaheim, from the Orange County Flood Control
District.
13. a. That the developer shall submit to the City of Anaheim an
irrevocable offer of dedication for Lots la, 2a and 169a
through 184a abutting La Palma Avenue, said irrevocable
offer shall be accepted by the City of Anaheim within
thirty days after recordation of the final tract map. In
the event Lots la, 2a and 169a through 184a are not ac-
cepted by the City, said lots shall revert to the devel-
oper to be included into the abutting Lots 1, 2 and 169
through 184.
71-618
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
b. That if Lots la, 2a and 169a through 184a are accepted by
the City of Anaheim, the developer shall install a 6-foot
masonry wall on the south property line separating Lots 1,
2 and 169 through 184 from Lots la, 2a and 169a through
184a.
c. That if Lots la, 2a and 169a through 184a are not accepted
by the City of Anaheim, they shall become part of Lots 1,
2 and 169 through 184 respectively, and the developer shall,
in accordance with City Council policy, construct a 6-foot
masonry wall on the south property line, separating Lots
1, 2 and 169 through 184 and La Palma Avenue. Reasonable
landscaping, including irrigation facilities, shall be in-
stalled in the uncemented portion of the arterial highway
parkway the full distance of said wall, plans for said land-
scapimg to be submitted to and subject to the approval of
the Superintendent of Parkway Maintenance. Following in-
stallation and acceptance, the City of Anaheim shall assume
the responsibility for maintenance of said landscaping.
d. That the City Council reserves the right to delete or amend
the assumption of maintenance in the event Council policy
changes.
Mr. Roberts, with the aid of a map posted on the east wall of the
Council Chambers, noted the area designated as the proposed Yorba Regional
Park, and advised that as a result of various studies made the County has
apparently arrived at a decision to reshift the ultimate alignment of La
Palma Avenue from the area previously approved by the approval of the Kraemer
and Berger Tracts to the northerly portion of the future park site. He noted
also that subject tract was between the Kraemer and Berger Tracts and that
the alignment of La Palma Avenue ties into the two adjacent tracts. He sta-
ted that since the final alignment of the La Palma Avenue extension has not
been determined Staff would recommend the addition of the following condition,
should Tract No. 7471 be approved by the City Council:
"That the Tentative Map is approved,subject to the final deter-
mination of the alignment of La Palma Avenue by both the City
of Anaheim and the County of Orange."
Mr. Larry Matzick, representing Ponderosa Homes, requested a two-
week continuance in lieu of the new condition recommended by Staff to be ad-
ded, for the purpose of meeting with the Staff and also members of the City
Council to discuss the effect this condition could have on all property ow-
ners in the area, as well as the City of Anaheim.
On motion by Councilman Thom, seconded by Councilman Pebley, two
weeks continuance to Tentative Tract No. 7471 was granted, as requested.
MOTION CARRIED.
RECESS: Councilman Thom moved for a 5-minute Recess. Councilman Pebley seconded
the motion. MOTION CARRIED. (3:50 P.M.).
AFTER RECESS: Mayor Pro Tem Stephenson called the meeting to order, all members
of the City Council being present, with the exception of Councilman Dutton.
RESOLUTION NO. 71R-453: Councilman Stephenson offered Resolution No. 71R-453 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CORRECTING, NUNC
PRO TUNC, RESOLUTION NO. 71R-401 WHICH GRANTED VARIANCE NO. 2285.
Roll Call Vote:
AYES: COUNCILM~N: Roth, Pebley, Thom and Stephenson
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton
The Mayor Pro Tem declared Resolution No. 71R-453 duly passed and
adopted.
71-619
City Hall, Anaheim, California - COUNCIL MINUTES - October 12~ 1971, 1:30 P.M.
WORK ORDER NO. 6004 - WALNUT CANYON DAM REPAIR - CHANGE ORDER NO. 1: On report
and recommendation of the Assistant City Engineer, Ralph O. Pease, Council-
man Roth moved that Change Order No. 1, Work Order No. 6004 - Walnut Canyon
Dam Repair, increasing the amount of contract by $4,204.00 be authorized.
Councilman Stephenson seconded the motion. MOTION CARRIED.
RESOLUTION NOo 71R-454 - AWARD OF WORK ORDER NO. 633-A: In accordance with recom-
mendations of the City Engineer, Councilman Pebley offered Resolution No. 71R-
454 for adoption.
Refer to Resolution Book.
A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, I~CLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: THE WEST STREET - ~TREET IMPROVEMENT FROM APPROXIMATELY 128 FEET
SOUTH OF TO APPROXIMATELY 425 FEET SOUTH OF ROMNEYA DRIVE, IN THE CITY OF
ANAHEIM, WORK ORDER NO. 633-A. (Sully-Miller Contracting Company - $5,676.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
D~tton
The Mayor Pro Tem declared Resolution No. 71R-454 duly passed and
adopted.
RESOLUTION NO. 71R-455 - AWARD OF WQRK ORDER NO. 150.1~. UNIT II - ANAHEIM HILLS
GOLF COURSE FINE GRADING: The following listed are bids received for the Anaheim
Hills Golf Course Fine Grading:
1. Formost Irrigation Corporation .... $563,648.00
2. Imperial Landscape Company, (Bergen
Nurseries, dba) ............ $638,499.00
3. Moulder Bros. - ........... $668,700.00
4. United Sprinkler Company $724,500.00
5. Valley Crest Landscape, Inc. $738,079.00
Mr. Ralph O. Pease, Assistant City Engineer, reported that bids
were opened October 7, 1971, and that Formost Irrigation Corporation was
the low bidder and on the same date a letter was received from Imperial
Landscape Company, second low bidder, filing protest to the award to the
low bidder, based on improper license qualifications and his failure to
list electrical subcontractor, and requesting the bid be awarded to them.
The Staff, prior to any investigation, determined award to the second low
bidder would not be recommended. It was noted that the difference was
$74,851.00.
To determine whether or not the low bidder was properly licensed
in accordance with the interpretation of the Contractors State Licensing
Board, Mr. Pease stated he personally took the plans and specifications to
Sacramento where they were reviewed by a representative of the State Licens-
ing Board, and he personally called attention to the following items of work
to be included in the contract:
a. Sub-drains
b. Minor grading
c. Irrigation system with appurtenant electrical work
d. Installation of 40 HP irrigation booster pump with appurtenant
electrical work
e. Two runs of 110 Volt electrical lines in conduit, for use in
toilets and snack shop, said building to be constructed at a
later date, and not a part of this work
f. A domestic water system for drinking fountains on the golf
course, and to serve the future toilets and snack bar
g. Soil preparation, seeding and planting and maintenance of plan-
ted areas until acceptance
71-620
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
Mr. Pease stated that from calls received from the Attorney repre-
senting the second low bidder, their objections were to the inclusion of work
noted as "e" and "f" above.
He explained that the 110 Volt electrical lines were simply wires
in conduit terminated at the panel and appropriate sites of the future buil-
dings, and the domestic water line was simply a plastic water line to be laid
in the same trench as the irrigation lines, to be capped awaiting the instal-
lation of the drinking fountains at a later date.
Mr. Pease further reported that plans and specifications were re-
viewed by the Contractors License Board, and as a result, it was their ad-
ministrative interpretation of the Contractors License Law and the Rules and
Regulations of the Contractors State License Board, that either an A, Gen-
eral Engineering, B-1 General Building, or a C-27 Landscaping classification
would be required to bid and/or perform the work under this contract, and
that a letter to this effect was filed by Earl E. Chapman, Licensing Deputy,
on behalf of Leo B. Hoschler, Registrar of Contractors.
Mr. Pease further reported that the low bidder has a license in
the C-27 Classification for Landscaping, and as far as the State Licensing
Board can basically determine, the work proposed under the bid is properly
within the work of a C-27 License. Based on this interpretation and the let-
ter received from the Contractors State License Board, and based on Staff's
investigation of other golf courses which the low bidder claims to have con-
structed to PGA Standards, Mr. Pease recommended the contract be awarded to
the low bidder.
Mr. Don Price, Attorney representing the second low bidder, sta-
ted that the basis of their protest was on the definition of Section 7056
which, in their opinion, definitely establishes that an "~' License would
be required for this project, and that in violation of the Non-Collusion
Affidavit, Formost submitted a bid as a sub-contractor to Imperial for a
portion of the work and neither informed Imperial that they were bidding
as a "General" nor that their bid was in excess of what they priced for
the same work in their own bid as a "General."
Mr. Price felt an investigation was in order to see whether or not
there had been an attempt to violate an agreement on the part of the first
low bidder; although they did not use their bid, if they had, it would have
changed the results and they wondered if this was not an attempt to give the
first low bidder an advantage over the others. He thereupon stated an inves-
tigation should be made prior to the award of subject contract.
Mr. Geisler advised the Council that he felt they must take the
interpretation of the State License Law and opinion of the Sacramento Staff
personnel, who are disinterested persons, rather than the interpretation of
the Attorney for the second low bidder. As to collusion, he failed to under-
stand the arguments presented, nor the theory and, in his opinion, could not
find collusion. He further advised that according to his understanding, the
second low bid was considered too high and if the first low bid is not ac-
cepted, the City Engineer will recommend all bids be rejected.
RESOLUTION NO. 71R-455: Councilman Pebley offered Resolution No. 71R-455
for adoption, awarding contract to the low bidder.
Councilman Thom, prior to vote on the above resolution, and for
the benefit of Mr. Price, advised that he was voting "No" on said resolution,
and so his reason would not be misinterpreted, he had voted against every-
thing for the Anaheim Hills Golf Course, and would continue to do so, and
had he been the low successful bidder, the vote would have been against him.
Refer to Resolution Book°
71-621
City Hall, Anaheim, California - COUNCIL MINUTES - October .!2,.1971, 1;30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED
PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE
FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM-
ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IM-
PROVEMENT: ANAHEIM HILLS GOLF COURSE FINE GRADING, IN THE CITY OF ANAHEIM,
WORK ORDER NO. 1501, UNIT II. (Formost Irrigation Corporation - $563,648.00)
Roll Call Vote:
AYES: COUNCILMEN: Roth, Pebley and Stephenson
NOES: COUNCILMEN: Thom
ABSENT: COUNCILMEN: Dutton
The Mayor Pro Tem declared Resolution No. 71R-455 duly passed and
adopted.
ACCEPTANCE - ~UBLIC WORKS PROJECTS: Upon receipt of certification from the Direc-
tor of Public Works, Councilman Roth offered Resolutions Nos. 71R-456 to 71R-
459, both inclusive, for adoption.
Refer to Resolution Book.
RESOLUTION NO. 71R-456 - WORK OgDER NO, 625-A: 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 PER-
FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE SUNKIST STREET - STREET IMPROVEMENT FROM
APPROXIMATELY 365 FEET SOUTH OF BETHEL DRIVE TO 154 FEET NORTH OF OSHKOSH
STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 625-A. (R.J. Noble Company)
RESOLUTION NO. 71R-457 - WORK ORDER NO. 1231: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FLrRNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL
UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PER-
FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE LA PALMA AVENUE SEWER IMPROVEMENT FROM
APPROXIMATELY 200 FEET EAST OF TO APPROXIMATELY 2,950 FEET EAST OF IMPERIAL
HIGHWAY, IN THE CITY OF ANAHEIM, WORK ORDER. NO. 1231. (Silveri and Ruiz
Construction Company)
RESOLUTION NO. 71R-458 - WORK ORDER NO. 5056: 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 PER-
FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT, TO WIT: THE MAGNOLIA AVENUE STREET IMPROVEMENT FROM
SANTA ANA FREEWAY TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER
NO. 5056. (R.J. Noble Company)
RESOLUTION NO. 71R-459 - WORK OgpER N0. 6004: 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 PER-
FORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IPfPROVEMENT, TO WIT: SELF-HEALING FILTER REPAIR SECTION AT UPSTREAM
TOE OF WALNUT CANYON DAM, WORK ORDER NO. 6004. (A.L. Macintosh Company)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolutions Nos. 71R-456 to 71R-459, both
inclusive, duly passed and adopted.
71-622
~it.y Hall, Anaheim, California - COUNCIL MIIqUTES - Qctobe. r 12, 1971, i:30.P.M.
DEEDS OF EASEMENT - RESOLUTION NO. 71R-460: Councilman Stephenson offered Reso-
lution No. 71R-460 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (The Colwell Company; Gate Properties,
Inc.; Fredricks Development Corporation; Oscar E. Mang; Robert M. Mnro;
Drayton, Inc.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mmyor Pro Tem declared Resolution No. 71R-460 duly passed and
adopted.
PURCHASE OF PROPERTY - SHOZI: The City Attorney presented for consideration a
Resolution accepting an easement deed and a grant deed for the Shozi property
and authorizing payment of $432,500.00, also authorizing lease'of the property
for agricultural purposes at $125.00 per acre, for the period ending July 14,
1975.
RESOLUTION NO. 71R-461: Councilman Thom offered Resolution No. 71R-461 for
adoption, as recormnended.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
EASEMENT AND GRANT DEEDS, AUTHORIZING PAYMENT THEREFOR AND AUTHORIZING
EXECUTION OF A LEASE IN CONNECTION THEREWITH (SHOZI PROPERTY - ORANGE
AVENUE.) (Park Purposes.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolution No. 71R-461 duly passed and
adopted.
PURCHASE - MOTORCYCLES: Mr. Murdoch reported that experience with the Moto Guzzi
Motorcycles in the Police Department had not been as satisfactory as with
the Harley Davidson units, and that the difference in price no longer war-
ranted use of the lighter equipment. He thereupon recommended that the 6
motorcycles in the current Police budget for replacement be purchased from
Harley Davidson at their last year's quotation, or $14,984.97, including tax.
On motion by Councilman Pebley, seconded by Councilman Roth, pur-
chase was authorized from Harley Davidson, as recommended. MOTION CARRIED.
CLAIMS AGAINST THE CITY: The following claims against the City were received,
denied and ordered referred to the insurance carrier, on motion by Council-
man Pebley, seconded by Councilman Roth:
a. Richard A. Petersen and Farmers Insurance Group, for purported
personal property damages to claimant's car by oil, as the City Street Main-
tenance Division was in the process of oiling the road, August 20, 1971.
b. FoJ. Sterling, for purported personal property damage to claim-
ant's car as result of an accident with City vehicle, on or about September
29, 1971.
c. Mrs. Betty Ronca, for purported personal injuries sustained
on or about July 11, 1971, as claimant fell through the stands at La Palma
Stadium, sustaining injuries to her back and head.
MOTION CARRIED.
71-623
City Hall, Anaheim~ California - COUNCIL MINUTES - October 12~ 1971~ 1:30 P~M
RESOLUTION NO. 71R-462: Councilman Thom offered Resolution No. 71R-462 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHOR-
IZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ATCHI-
SON, TOPEKA AND SANTA FE RAILWAY COMPANY RELATING TO CROSSING NO. 2-169.2
(BALL ROAD CROSSING).
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolution No. 71 R-462 duly passed and
adopted.
CORRESPONDENCE: The following correspondence was ordered received and filed, on
motion by Councilman Thom, seconded by Councilman Pebley:
a. Before the Civil Aeronautics Board - Joint Application of Golden
West Airlines, Inc., and Los Angeles Airways, Inc., for an exemption under Sec-
tion 416(b) of the Federal Aviation Act.
b. Application before the Public Utilities Con~nission - Applica-
tion No.52445 of the Southern California Gas Company, for authority to include
in its tariff schedules a provision to relate charges for firm general service
to deviations of recorded temperatures from average temperatures.
Application No. 52696 of the Southern California Gas Company,
for the following:
(a) A general increase in its gas rates.
(b) Authority either to include a purchased gas adjustment
provision in its tariffs or to implement an enlarged
advice letter procedure for reflectimg in its rate
changes in purchased gas costs.
(c) For authority to modify the service agreements under
Schedules G-58, G-58A and G-61.
(d) For authority to consolidate and otherwise modify cer-
tain of its tariff schedules.
c. Anaheim Public Library Board Minutes, August 16, 1971.
d. Orange County Mosquito Abatement District Minutes, September
16, 1971.
e. Financial and Operating Reports:
Building Department, September, 1971
Customer Service Department, July and August, 1971
Public Works Department, Engineering Division, Ausust,
1971
Utilities Department, Electrical Division, August,1971
MOTION CARRIED.
ORDINANCE NO. 2965: Councilman Thom offered Ordinance No. 2965 for final reading.
Refer to Ordinance Book.
Alq ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-62 - SC Overlay Zone Inside City)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2965 duly passed and adopted.
71-624
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
ORDINANCE NO. 2966: Councilman Roth offered Ordinance No. 2966 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (61-62-69(44) - M-i)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2966 duly passed and
adopted.
ORDINANCE NO, 2967: Councilman Pebley offered Ordinance No. 2967 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE.ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (66-67-61(47) - C-R)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2967 duly passed and
adopted.
ORDINANCE NO. 2968: Councilman Thom offered Ordinance No. 2968 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32 OF
THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 14.32.245, RELATING
TO PARKING. (No Parking During School Hours - Portions of Romneya Drive.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILP~N:
ABSENT: COUNCILP~N:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2968 duly passed and
adopted.
ORDINANCE NO. 2969: Councilman Stephenson offered Ordinance No. 2969 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (69-70-58(1) - M-1 )
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Ordinance No. 2969 duly passed and
adopted.
71-625
City Hall, Anaheim, California - COUNCIL MINUTES - October 12, 1971, 1:30 P.M.
ORDINANCE NO. 2970: Councilman Roth offered Ordinance No. 2970 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (67-68-13 (3) and (4) - R-1
ORDINANCE NO. 2971: Councilman Thom offered Ordinance No. 2971 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO ZONING. (70-71-47(1) - M-l)
ORDINANCE NO. 2972: Councilman Pebley offered Ordinance No. 2972 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM M~NICIPAL
CODE RELATING TO ZONING. (61-62-69(46) - M-i)
ORDINANCE NO. 2973: Councilman Stephenson offered Ordinance No. 2973 for first
reading.
AN ORDINANCE OF THE CITY OF ANAffEIMAMENDING TITLE 18 OF THE ANAHEIM~JNICIPAL
CODE RELATING TO ZONING. (66-67-61(49) - C-R)
TRANSFER OF FUNDS: On motion by Councilman Thom, seconded by Councilman Pebley,
transfer of $436,500.00 from the Unappropriated Reserve Account (10-181), to
the General Fund Account (10-621-901-01) for the purchase of the Twila Reid
Park property (Shozi) to cover payment plus incidental costs was authorized.
MOTION CARRIED.
TRANSFER OF FUNDS: On motion by Councilman Stephenson, seconded by Councilman
Roth, transfer of $358,500.00 from Capital Outlay (Account No. 54-271-937-01)
to the Anaheim Hills Golf Course Fund (Account No. 34-632-937-01) was author-
ized. To this motion, Councilman Thom voted "No." MOTION CARRIED.
RESOLUTION NO. 71R-463: Councilman Roth offered Resolution No. 71R-463 for adop-
tion.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXA-
TION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED ANAHEIM
HILLS NO. 3 ANNEXATION.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Roth, Pebley, Thom and Stephenson
None
Dutton
The Mayor Pro Tem declared Resolution No. 71R-463 duly passed and
adopted.
PEP - COMMUNICATIONS - CITY AND COUNTY: Draft of Letter of Intent to be sent to
the Orange County Board of Supervisors, regarding a pilot program under the
PEP allocations for the exchange and use of data collected by the County and
Cities, and provide funds in the amount of $59,031.00 to support the program
for one year, was submitted and read.
Mr. Robert Davis, Assistant City Manager, outlined the program, ad-
vising that in the problem areas of Health, Welfare, Probation, etc., all of
which are County responsibilities, there has not been a proper feedback of
information to the cities. Also, future planning requires information fr~m
the Assessor's records, etc.
Mr. Davis reported that from the funds allocated under the PEP pro-
gram it was felt an amount could be used to provide the labor to fund a staff
of four or five people to analyze and investigate methods of better conmmni-
cations between the County and the Cities. Towards this goal, a meeting was
held with certain County staff members and they were very receptive to the
concept of the idea. Further, it is proposed that a co~ittee composed of
71-626
..City Hall, Anaheim~ California - COUNCIL MINUTES - October 12, 1971~ 1:30 P.M.
both City and County personnel be established to direct and guide this ac-
tivity and perhaps the first order would be to determine what kind of infor-
mation is available, and what would be helpful to us from County records,
and what would be helpful to the County from City records, and then set up
a method of interchange.
Councilman Thom agreed such a program was needed, but advised that
he would not vote or favor any additional allocations or disbursements from
the E.E.A. funds until a Complete budget allocation of all the E.E.A. funds
is received, and priorities of disbursement established.
Mr. Murdoch advised that a report is being prepared setting up the
various programs to be included, but until there is an indication of what
the City Council would approve, there is nothing to put together.
Regarding the Letter of Intent, it was felt that if it were amended
to read "We are interested," in this type of program, it would reflect the
Council's position.
Mr. Davis reported that there are many City projects on which labor
costs could be funded under the E.E.A. funds, however, these projects would
require the City to furnish the necessary equipment and materials. For ex-
ample, the added crew in the street program will require in excess of $35,000
per month in materials alone. He further reported that the cost of "support-
ive services" is becoming so great that we cannot afford to use the additional
budgeted funds, and as a result, programs that do not require a large amount
of supportive services, such as capital equipment, materials and supplies
are being sought. He stated the type of program proposed falls in this cate-
gory and is in an area (Research and Statistical) that the greatest number of
Anaheim unemployed people fall.
Mr. Murdoch further explained the areas in which the research-type
program for special study groups fall; that such studies include what the
City's requirements might be for sewers, drainage, power lines, and what would
be necessary to develop the Santa Ana Canyon area; the feasibility of future
annexations, and at what pace. He stated that it was within this special
study area that this proposal would also fall as much-needed information could
be made available by the County to cities, and cities to County.
At the conclusion of the discussion, and on motion by Councilman
Stephenson, seconded by Councilman Thom, Letter of Intent was authorized.
MOTION CARRIED.
ADJOURNMENT: Councilman Thom moved to adjourn. Councilman Pebley seconded the
motion. MOTION CARRIED.
Adjourned: 4:05 P.M.
Signed
City Clerk