1973/08/2173=669
~ity Hall! Anaheimt California - COUNCIL MINUTES - August 21t 1973t 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAGER: Keith A. Murdoch
ASSISTANT CITY ATTORNEY: John H. Dawson
ASSISTANT CITY ATTORNEY: Alan R. Watts
DEPUTY CITY.CLERK: Aloha M. Fattens
CITY ENGINEER: James P. Maddox
FINANCE DIRECTOR: M. R. Ringer
PARKS AND RECREATION DIRECTOR: John J. Collier
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
Mayor Dutton called the meeting to order.
FLAG SALUTE: Councilman Mark A. Stephenson led the Assembly in the Pledge of
Allegiance to the Flag.
CERTIFICATE OF APPRECIATION: Mayor Dutton presented a Certificate of Apprecia-
tion to Mrs. Richard Kaywood on behalf of the City Council in recog-
nition of her dedicated service to the City of Anaheim while serving
as a member of the Planning Commission from May, 1970 to July, 1973,
and expressing appreciation for her tireless and unselfish assistance
in the accomplishment of many major projects, including revision of
the General Plan, the establishment of the Scenic Corridor and the
formulation of the RS-5000 Zone concept.
Councilman Thom remarked that he felt the presentation of a certifi-
cate with only the Mayor's signature to be hypocritical.
Mayor I)utton advised that it is standard procedure to have only the
Mayor's signature on these certificates and stressed that the cer-
tificate represents the appreciation of the City Council as a whole.
Mrs. Kaywood referred to a letter received from the Mayor expressing
his regret at the turn of events in connection with her non-reappoint-
ment and stating his belief that his remarks of July 17, 1973 were
misinterpreted, and that his statement was a sincere attempt to pro-
tect~ her from embarrassment, and she questioned what it was the Mayor
was protecting her from, stating she had nothing to hide.
Mayor Dutton stated that he regretted that Mrs. Kaywood had decided
to pursue this explanation at this time since the recognition given
here is standard procedure and given to all who have served on boards
and commissions. He suggested that if she would listen to the tape
of the July 17, 1973 Council Meeting, she would find the clarifica-
tion she desired.
Mrs. Kaywood replied that all of the remarks made at that time were
not shown in the Minutes and requested that the Mayor give her an
answer.
The Mayor asked if she was now requesting him to make public the
reasons she was not reappointed to the Planning Commission.
Mrs. Kaywood answered affirmatively, and advised she had expected to
be the next chairman of the Commission. She added that the remainder
of the members on the Commission were shocked by the sequence of
events as well.
Mayor Dutton prefaced his statement by recognizing first that Mrs.
Kaywood had worked very diligently as a Planning Commissioner. He
asked her if she understood that her appointment to the City Planning
Commission and successive years of service were at the will of the
City Council, with no divine right of reappointment.
Mrs. Kaywood replied that she absolutely understood this.
Mayor Dutton acknowledged that although he did not agree with all
of Mrs. Kaywood's philosophies as demonstrated during her Planning
73-670
City Hall~ An~ aheim! California - COUNCIL MINUTES - August 21~ 1973~ .1:30 P.M.
Commission term, he, personally, could live with them. He stated
that he felt the City benefited from a diversification of opinion on
the Conm~ission.
Mayor Dutton reminded Mrs. Kaywood of the meeting which he had with
her in reference to her making snide remarks about those who had
appointed her to the Commission, specifically, the incident in which
Councilman Pebley's remarks as quoted in the Anaheim Bulletin, "Pebley
says he is sick of the Planning Commission" were utilized by her out
of context, as "Pebley says he is sick" and publicly exploited at City
Hall and various functions at which industrialists were present.
Further, he reminded her that former members of the Commission includ-
ing a former chairman also admonished her relative to making this type
of remark against members of the City Council.
Mayor Dutton reported that many of Mrs. Kaywood's remarks came back
to the Council and it was the consensus of opinion that she was not
the proper person to serve on the Planning Commission. He reiterated
that he had met with her and apprised her of his opinion in this matter,
which meeting she had apparently forgotten.
Mrs. Kaywood stated she had not forgotten the meeting and thanked the
Mayor for his explanation, stating that this is better than the re-
marks made on July 17, 1973.
Mayor Dutton questioned to what remarks she was referring.
Mrs. Kaywood answered that he had implied that the explanationwould
be embarrassing, demeaning and degrading to her and stated that this
clarification as given is not.
Mayor Dutton maintained that if Mrs. Kaywood were to listen to the tape
recording of that meeting, she would learn that he said the speakers
from the National Women's Political Caucus ~ere attempting to extract
from him remarks that might possibly be demeaning or degrading to her.
Mrs. Kaywoodcontended that the Mayor made that remark three times to
which Mayor Dutton again referred her to the tape for his correct re-
marks.
Councilman Thom voiced his opinion that the Mayor's explanation served
to support hi~ original statement that the true reasons for Mrs.
Kaywood's removal were politically motivated.
Mayor Dutton advised Councilman Thom that if he would spend 10% of his
time and effort working for the City instead of working to promote him-
self politically throughout the City, the City of Anaheim would be much
better served.
Councilman Thom reiterated that Mayor I)utton's explanattonhad substan-
tiated his own position, which the Mayor denied.
MINUTES: Minutes of the Anaheim City Council Regular Meetings held July 31, and
August 7, 1973, were approved on motion by Councilman Sneegas, seconded by
Councilman Stephenson. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the
reading in full of all ordinances and resolutions, and that consent to the waiver
of reading is hereby given by all Councilmen unless, after reading of the title,
specific request is made by a Councilman for the reading of such ordinance or
resolution. Councilman Sneegas seconded the motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $6,63g,758.70, in accordance with the 1973-74 Budget, were approved.
73-671
City Hall, Anaheim, California - COUNCIL MINUTES - August 21f 1973! 1:30 P.M.
~UBL!C HEARING - RECLASSIFICATION.. . NO. 73-74-6 AND ENVIRONMENTAL. IMP. ACT REPORT
EXE~ION STATUS: Application by Norton and Barbara Druilhet, requesting a change
in zone from R-A to C-1 on the west side of Wilshire Avenue, east of Loara
Street, further described as 320 North Wilshire Avenue, was submitted together
with application for Exemption Declaration Status.
The City Planning Commission pursuant to Resolution No. PC73-155,
recommended that no environmental impact report be required in connection with
Reclassification No. 73-74-6 and further recommended approval of said reclass-
Ification subject to the following conditions:
1. That the sidewalks shall be installed along Wtlshire Avenue as.
required by the City Engineer and in accordance with standard plans and specif-
ications on file in the office of the City Engineer.
2. That the owner(s) of subject property.shall pay to the City of
Anaheim the sum of 60 cents per front foot along Wilshire Avenue for tree
planting purposes.
3. That fire hydrants shall be installed and charged as required
and determined to be necessary by the Chief of the Fire Department prior to
commencement of structural framing.
4. That a six-foot masonry wall shall be constructed along the north
property line.
5. That 15-gallon broad head trees be planted along the north pro-
perty line 15 feet on center to provide an effective screen five years after
planting.
6. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
7. That any parking area lighting proposed shall be down-lighting
of a maximum height of six feet, which lighting shall be directed away from
the property lines to protec~ the residential integrity of the area.
8. That subject property shall be served by underground utilities.
9. That the final parking plan shall be approved by the Development
Services Department, and any landscaped areas in the parking area shall be pro-
tected with six-inch high concrete curbs, and concrete wheel stops shall be
provided for parking spaces.
10. That drainage of subject property shall be disposed of in a
manner that is satisfactory to the City Engineer.
11. That appropriate water assessment fees as determined by the
Director of Public Utilities shall be paid to the City of Anaheim prior to the
issuance of a building permit.
12. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
13. Prior to the introduction of an ordinance rezoning subject pro-
perty, Condition No. 2, above mentioned, shall be completed. The provisions
or rights granted by this resolution shall become null and void by action of
the City Council unless said conditions are complied with-within one year from
the date hereof or such further time as the City Council may grant.
14. That Condition Nos. 1, 4, 5, 6, 7, 8, 9, 10 and 12, above men-
tioned, shall be complied with prior to final building and zoning inspections.
ENVIRONMENTAL IMPACT REPORT.EXEMPTION STATUS: On motion by Councilman
Stephenson, seconded by Codncilman Sneegas, it was the finding of the City
Council that the impact of said project would be trivial in nature and that no
environmental impact report or statement is required. MOTION CARRIED.
Zoning Supervisor Roberts advised that this request for C-1 zoning
is in conformance with the Master Plan for the City and that the City Planning
Commission has recommended approval.
The Mayor asked if the Applicant or his Agent were present and wished
to address the Council and there was no response.
The Mayor then asked if anyone wished to address the Councileither in
favor or in opposition to the reclassification petition; there being no response
declared the hearing closed.
Councilman Dutton questioned the requirement imposed by Condition No.
4'of the Planning Commission resolution regarding a six-foot masonry wall on
the north property line, noting that such a wall already exists at this loca-
tion.
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City H~ll~ ,~ahetmI California - COb~CIL MINDTES - Au&,ust 21! 19731 ,1:30 P~M.
Mr. Roberts answered that this is correct, however, it is located
on the residential property. The import of Condition No. 4, is that should the
extstingwall be removed for any reason, this would place the obligation for
replacement of said wall on the C-1 property owner. The condition does not
require construction of an additional masonry wall abutting the existing wall,
since the existing wall is deemed satisfactory as long as it is present.
RESOLUTION NO. 73R-348: Councilman Stephenson offered Resolution No. 73R-348
for adoption, authorizing the preparation of necessary ordinance, changing the
zone as requested, subject to the conditions recon~nended by the City Planning
Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH FINDING AND DET~R-
MINING THAT TITLE 18 OF THE ANAHEIN MUNICIPAL CODE RELATING TO ZONING SHOULD
BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED.
(73-74-6 = C-l)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and I)utton
COUNCILMEN: None
COUNCILMEN: None
The Mayor declared Resolution No. 73R-348 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 73-74-8 AND ENVIRONMENTAL IMPACT REPORT EXEMP-
TION S~ATUS..'.'~GILBERT - BALL~.I~T~ Initiated by the City Planning Commission
' for a c~ange in zone from County of Orange R3 (portion No. 1) and County of
Orange R-1 .(Portion No. 2) to City of Anaheim R-3 (Portion No. 1) and City of
Anaheim R-1 (Portion No. 2). Property is located on the east side of Gilbert
Street, north of Ball Road. Also submitted was ~ppli'cation for Exemption Declar-
ation Status from the filing of an environmental impact report.
The City Planning Commission pursuant to Resolution No. PC73-156,
recommended that no enviromnental impact report be required in connection with
reclassification No. 73-74-8 and further recommended approval of said reclassif-
ication subject tO the following conditions
1. That these reclassification proceedings are granted subject to the
completion of annexation of subject property to the City of Anaheim.
ENVIROI~tENTAL IMPACT REPORT EXEMPTION STATUS: On motion by Councilman Stephenson,
seconded by CounCilman Sneegas, it was the finding of the City Council that the
impact of said reclassification would be trivial in nature and that no environ-
mental impact report or statement is required. MOTION CARRIED.
Mr. Roberts reported that public hearing on proper zoning to permit
the proposed expansion of Garden Park Hospital ~Reclassification No. 73-74-4,
Conditional Use Permit No. 1410) has already been held and approval granted.
The subject action proposes to. establish upon annexation the City of Anaheim's
zones which most closely approximate the County zones which these parcels carry,
and will have no effect on the C-O zoning pursuant to Resolution No. 73R-323 in
Reclassification No. 73-74-4, as requested by the hospital.
The Mayor asked if anyone wished to address the Council either for or
against Reclassification No. 73-74-8; there being no response, declared the hear-
ing closed.
RESOLUTION NO. 73R-349: Councilman Sneegas offered Resolution No. 73R-349 for
adoption, authorizing the preparation of necessary ordinance, changing the zone
as requested, subject to the condition recommended by the City Planning Commission.
73-673
Cit~ Nall~ Anaheim! California - COUNCIL MINUTES - August 21! 1973a 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF ANAHEINFINDING AND DETER-
MINII~ THAT TITLE 18 OF THE ANAHEINNUNICIPAL CODE RELATING TO ZONING
SHOULD BE ANENDEDAND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANCED. (73-74-8 - portion 1 - R-3; portion 2 - R-l)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILNEN~ None
COUNCILMEN: None
The Mayor declared Resolution'No. 73R-349 duly passed and adopted.
ANIIS~NENT I~VICES PEP. NIT: Application filed by Mr. Harry Duensing, Newport-Balboa
Music & Vending Company, Inc., for amusement devices permit to allow two amuse-
ment games and one Jute box at the Greyhound Bus Station, 1711 South Manchester
was submitted and granted subject to provisions of Chapter 3.24 of the Anaheim
Municipal Code, as reco~nded by the Chief of Police, on motion by Councilman
Pebley, seconded by Councilman Stephenson. MOTION CARRIED.
ENCROACHMENT PERMIT NO. 72-6E: Submitted by Reverend Arthur Ramey, Calvary Baptist
Church, proposing to encroach int° a portion of dedication roadway commonly
known as Rio Vista Street, south of Wagner Street, to install temporary quonset
hut type of buildings to be used as Sunday School rooms.
Also submitted was report of the City Engineer without- recommenda-
tion,but noting that the Planning Division recommends the request be denied
on the basis that should a request of this nature be proposed on privately
owned property rather than on the public right-of-way, a conditional use permit
would be required, thereby allowing the Zoning Division staff an opportunity
to analyze the plan of installation for compliance with Code including parking
requirements.
Mr. Roberts advised that similar request for placement of temporary
structures such as at the Fairmont School, have been required to hold public
hearings. Further he noted that when the conditional use permit was granted
for expansion Of this church, the R-1 property owners to the west had some
concern, and their opinion on the current proposal could be addressed most ap-
propriately through public hearing.
Mayor I)utton noted that the City intends ultimately to extend Rio
Vista Street southerly, but this may not occur for another ten years. He asked
if a representative of the church was present and could inform the Council how
long the temporary period for encroachment is projected to be.
Reverend Arthur Ramey of the Calvary Baptist Church advised that his
congregation intends to ultimately build an additional structure when Rio Vista
Street is extended southerly. He reported that at the present time they do
not have sufficient funds to build but do need additional classroom space and
therefore would like to avail themselves of the offer made by the school dis-
trict for use of these quonset huts until such time as the street is extended.
Assistant City Attorney Dawson advised that in connection with this
request the standard encroachment permit was drawn up and this includes pro-
vision for a 30-day termination period which Qould be exercised by the Citywith
or without cause, and this would afford the City some control of access to the
property.
Councilman Pebley was of the opinion that some of the residential
property owners might resent the placement of these huts at this site and
should be entitled to a public hearing.
Reverend Ramey advised that the neighbors to the west will not have
any view of the huts; that the church does propose to place a decorative plaster
wall which would enhance the appearance of the property. Further he noted that
there is not much development in the immediate area because of the former sand
73-674
City Hal1, Aa.~aheim, California - COUNCIL MIEn8 - August 21~ 1973~ 1:30
and gravel pit, which has not yet been filled in, and which is the subject of
litigation initiated by the County at the present time. Reverend Ramey assured
the Council that the Calvary Baptist Church would be happy to remove the quonset
huts when the City requires property.
Mr. Dawson counseled that this matter could be handled without condi-
tional use permit procedure, by setting a public hearing on the encroachment per-
mit itself.
In answer to Councilman Sneegas, Reverend Ramey expressed his opinion
that the school district would still retain the huts on their property for a
short period, however they have expressed their desire for removal as soon as
possible.
Councilman Pebley suggested that Reverend Ramey inform the neighbors
of the project which is proposed and solicit their support Prior to the public
hearing.
On motion by Councilman Sneegas, seconded by Councilman Dutton, public
hearing on Encroachment Permit No. 72-6E was ordered by the Council, to be held
September 4, 1973, 1:30 P.M. MOTION CARRIED.
PUBLIC IMPROVEMENT PROJECTS: Councilman Pebley offered Resolution Nos. 73R-350
through 73R-354, for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-350 - WORK ORDER NO. 682-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENI-
ENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IM-
PROVEMENT, TO WIT: THE LA JOLLA STI~ET AND RED GUM STREET STREET IMPROVE-
MENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 682-A. 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 - September 13, 1973, 2:00 P.M.)
RESOLUT;ON.NO. 73R-351 -.WORK ORDER NOS. 686=At 687-B AND 1247: A RESOLU-
TION OF TH~ CITY couNciL OF THE CITY OF ANAf~IMFINDING AND DETeRMINING
THAT~PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLE-
TION OF A PUBLIC IMPROVEMENT, TO WIT: THE IMPERIAL HIGHWAY AND NOHL RANCH
ROAD STREET, SEWER AND STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM,
WORK ORDER NOS. 686-A, 687-B AND 1247. APPROVING THE DESIGNS, PLANS,~PRO-
FILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZ-
ING 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 THERE-
OF. (Bids to be Opened - September 13, 1973, 2:00 P.M.)
...RESOLUTION NO. 73R-352 - WORK ORDER NO. 699-A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC
IMPROVE)~NT, TO WIT: THE LA CRESTA AVENUE-RED GUM STREET STREET IMPROVE-
MENT IN THE CITY OF ANAHEIM, WORK ORDER NO. 699-A. 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 CI~ TO PUBLISH A NOTICE INVITING SEATED PROPOSALS FOR THE CONSTRUC-
TION THEREOF. (Bids to be Opened - September 13, 1973, 2:00 P.M.)
RE,SOLUT~.ON NO. 73R-353 - WORK ORDER NO. 700-B: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON-
V~NIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC
IMP~)V~, TO WIT: THE BLUE GUM STREET AND MIRALOMA AVENUE STREET IM-
PHO~, IN TME CITY OF ANAHEIM, WORK ORDER NO. 700-B. APPROVING THE
DESII~NS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION
TI~OF; ~IITHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCOR-
DANCE WITH SAID PlaiNS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING
TH[ CITY CI~ TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON-
STRUCTION THEI~OF. (Bids to be Opened - September 13, 1973, 2:00 P.M.
73-675
City Ha!,l! Anaheim~ California = COUNCIL NINUTES= August 21! 1973! 1:30 P.M.
RESOLUTION NO. 73R-354 - WORK ORI~R NO. 1312: A RESOLUTION OF THE CITY
COUNCIL OF THE CIT~' OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CON-
VENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND CONPLETION OF A PUBLIC
IMPROVEMENT, TO WIT: THE SANTA AMA CANYON SOUTH RIVER TRUNK, PHASE II,
AND WALICtlT CANYON SEWER FROM SANTA ANA CANYON ROAD TO SOUTH RIVER TRUNK,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 1312. APPROVING THE DESIGNS,
PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THERE-
OFI 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 CONSTRUC-
TION THEREOF. (Bids to be Opened - September 13, 1973, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCII/~EN:
NOES= COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution Nos. 73R-350 through 73R-354 duly
passed and adopted.
FINAl. ACCEPTANCE - WORK ORDER NOS. 676-AA ND 806: Upon receipt of certifications
from the Director of Public Works, Councilman Pebley offered Resolution Nos.
73R-355 and 73R-356 for adoption.
Refer to Resolution Book.
RESOLUTION NO. 73R-355 - WORK ORDER NO. 676-A~ A RESOLUTION OFTHE CITY
COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE
FURNISHING OF ALL PLANT, LABpR, 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 IMPROVEMENT OF CONVENTION WAY AND WEST
STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 676-A. (Silveri & Ruiz
Construction Company)
RESOLUTION NO. 73R-356 - WORK ORDER NO. 806: 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: ALLEY IMPROVEMENT, FROM APPROXI-
MATELY 679 FEET EAST OF BROOKHURST STREET FROM MINERVA STREET TO BALL
ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 806. (R. J. Noble)
Roll Call Vote:
AYES:
NOES:
AB SENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILMEN: None
COUNCILMEN: None
The Mayor declared Resolution Nos. 73R-355 and 73R-356 duly passed
and adopted.
'_~.SOL~,,ION,~O. 73R-357 - DEEDS OF EASEMENT: Councilman Pebley offered Resolution
No. 73R-3§7 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AliAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Buccola-Pacific; The Bunkhouse)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-357 duly passed and adopted.
73-676
~it~ Hall~ ~haimm Ca~ifornia - COUNCIL MINUTES - August 21~ 1973~ 1:~0 P.M.
pURCHAS~ OF EQUIPMENT - THOHPSON ROTOR SPRI3q~I~R HEADS: The City Manager reported
on informal bids received for the purchase of Thompson Rotor Sprinkler Heads
as follows, and recommended acceptance of the low bid:
VENDOR.
TOTAL AMOUNT~ INCLUDING TAX
West Coast Irrigation, Santa Aha $3,997.24
Familian Pipe, Anaheim .... . ............ 4,231.52
So. Orange Supply, Fountain Valley 4,360.16
On motion by Councilman Pebley, seconded by Councilman Stephenson, the
low bid of West Coast Irrigation was accepted and purchase authorized in the
amount of $3,99.7.24, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - MENS' AND BOYS' SHIRTS: The City Manager reported on the
recommended purchase of 912 mens' and 1476 boys' shirts for the athletic pro-
grams. He advised that it is proposed to purchase these under the County con-
tract for 1973, the iow bidder for this contract being Wisser;Sporting Goods,
Anaheim. He thereupon recommended that the purchase be authorized.
On motion by Councilman Stephenson, seconded by Councilman Dutton, pur-
chase of mens' and boys' shirts from Wisser Sporting Goods was authorized in the
amount of $2,802.85, including tax. MOTION CARRIED.
PURCHASE OF MATERIALS - 15 KV ALUMINUM CABLE: The City Manager reported on informal
bids received for the purchase of 30 Mfr. URD cable in conduit and 30 Mfr. direct
bury cable (15 kv aluminum cable) for the Electrical Division as follows and
recommended acceptance of the Iow bid:
VENDOR
TOTAL AMOUNT; INCLUDING TAX
Alcan Cable~ West, Glendale
Graybar Electric, Anaheim
Westinghouse Supply, Anaheim
General Elect. Supply, Anaheim
$22,673.40
22,442.85
22,446.98
22,132.80
On motion by Councilman Stephenson, seconded by Councilman Dutton, the
low bid of General Electric Supply was accepted and purchase authorized in the
amount of .$22,132.80, including tax. MOTION CARRIED.
PURCHASE OF MATERIALS - PLASTIC PIPE AND FITTINGS: The City Manager reported on in-
formal bids received for plastic pipe and fittings as follows:
VENDOR
TOTAL AMOUNT; INCLUDING TAX
Pasadena Pipe & Supply, E1 Toro
Toro Pacific Dist, Santa Ana
Familian Pipe & Supply, Anaheim
Oranco Supply, Anaheim
$3,143.17
3,255.06
724.61
3,108.80
Mr. Murdoch reported that the low bid, from Oranco Supply was quoted
on plastic pipe with cast iron fittings and does not meet specification, and that
Familian Pipe & Supply quoted on fittings only. He thereupon recommended that
the purchase be authorized from Pasadena Pipe & Supply.
On motion by Councilman Stephenson, seconded by Councilman Dutton, the
bid of Pasadena Pipe & Supply was accepted as the lowest bid meeting specifica-
tions, and purchase authorized in the amount of $3,143.17, inCluding'tax. MOTION
CARRIED.
PURC.HASE OF E~UI~NT - 3/4 TON CAB AND CHASSIS: The City Manager reported that the
3/4 ton pickup truck, authorized for purchase from Vern Trider Chevrolet on
July 31,.1973, which unit was to be supplied from a dealership in Ontario, was
reportedly not held for this purchase and Vern Trider is therefore not able to
fill the purchase order.
Upon investigation, a 3/4 ton cab and chassis was located which meets
spectfica~ions~n stock at Santa Ana Dodge for a total amount of $3,546, including
tax, or a net savings of $189.61 from the origin~lly authorized purchase order.
73-677
Cit[ Hall~ Anaheim~ California - COUNCIL HI,UTeS - Autust 2!.! !973.1 1~30 P.H.
The City Hanager thereupon recommended that the award to Yern Trider be re-
scinded and the quotation from Santa Aua Dodge accepted.
On motion by Councilman Stephenson, seconded by Councilman Sueegas,
the authorization to purchase a 3/4 ton pickup truck from Vern Trider Chevrolet
in the amount of $3,735.61, including tax, approved July 31, 1973, was re-
scinded and purchase of one 3/4 ton cab and chassis authorized fro~ Santa Ann
Dodge in the amount of. $3,546, including tax. HOTION CARRIED.
69 ~q~ Zig ZA/30)~IN~CTED GROUNDING TRANSF~P.S - LEWIS 230 Kit SUBSTATION~ Mr.
NUrdoch reported that Westin&house Electric Corporation has notified the City
that they will not be able to meet their commitment for 2 of the three 69 kV
zig za& grounding transformers which were scheduled for delivery in 38 weeks
(May 15, 1974) for Phase No. I construction of the Lewis 230 kV Substation.
The earliest delivery date they can give for the first ,two transformers would
be §l weeks or August 16, 1974, whereas the Lewis 230 kV Substation is planned
and scheduled to be in service by August 1, 1974.
Following receipt of this notification, the second low bidder,
Federal Pacific' Electric Company was contacted and the price of $65,422 each
was firm, and the shipment dates would be one transformer in mid-June, 1974
and one the first of July, 1974,-if they are notified that the purchase is
authorized this date. The Federal Pacific transformers will cost the City a
total of $15,105, including sales tax, more than the Westinghouse bid price
for these two units. However, Hr. Hurdoch reported, that it would cost the
Eity a minimun of three times this price differential in terms of time and
availability if the construction of the Lewis Substation is delayed. He
further recommended that the City Council amend the previous motion awarding
the 69 kV transformers to Westin&house Electric Corporation to exclude the
two transformers with 38 week delivery, and authorize purchase of two 69 kV
zig za& grounding transformers in the amount of $131,844, plus Sales tax from
Federal Pacific Corporation, with one unit to be shipped June 15, 1974 and
one July l, 1974. The remaining transformer previously authorized from West-
in&house to remain unchanged, for delivery after October 1, 1974 for Phase
No. II construction of the Lewis 230 kV Substation.
Assistant City Attorney Alan Watts suggested that the Council not
rescind or amend the purchase order at this time, as the City Attorney's
Office is considering possible action against Westinghouse .for recovery of
the $15,000 difference in price as mentioned above. He therefore recommended
that the award for purchase of the two transformers from Federal Pacific
Electric Company be authorized without rescinding authorization for the two
originally ordered from Westinghouse.
In answer to Council's query regarding the City's situation if both
companies supply two transformers, Hr. Watts advised that according to conver-
sations with Westinghouse representatives and their own letter, it is not possi-
ble for them to supply these two transformers by the date originally specified,
since these are not yet designed and there is Just not sufficient time for them
to design, manufacture and ship the two transformers within the 38 week period.
However, if the Council acts to voluntarily rescind the contract agreement,
then there would be no conceivable grounds on which to base a breach of con-
tract suit.
Mr. Watts pointed out, in further explanation, that there are two
material parts to the agreement to purchase these transformersl the amount to
be paid and the delivery date. In this instance, the delivery date was crucial
due to the fact that if the Lewis Substation is not complete and ready to
liver service on August 1, 1974, as planned, the City will face serious power
supply problems, and the failure to comply with this material portion of the
agreement constitutes a material breach of contract.
73-678
City Hall~ ~aheimI California - COUNCIL MINUTES - August 21~ 1973! 1:30 P.M.
Mr. Watts voiced his opinion that there is no alternative but to rely
on the letter dated August 17, 1973 from Westinghouse and make the award to
Federal Pacific, since this firm requires immediate notification to comply with
the dates as given. Mr. Watts further suggested, since additional time would
be required to review the documents involved before he could make a firm recom-
mendation vis a vis the Westinghouse order, that action on this be deferred for
one week.
On motion by Councilman Thom, seconded by Councilman Stephenson, the
purchase of two 69 kV zig zag connected grounding transformers from Federal
Pacific Electric Company in the amount of $131,844, plus tax, was authorized as
recommended. MOTION CARRIED.
PURCHASE OF EQUIPMENT - 69 KV AND 230 KV SWITCHES: The City Manager reported on in-
formal bids received for the purchase of ten various items of 69 kV and 230 kV
switches for the Electric Division, and based upon price, reliability, delivery
and evaluation of the consulting engineer, recommended that the award be made
to the lowest bidder, Cole Electric Company, in the amount of $100,995.74, in-
cluding tax. Mr. Murdoch advised that of this amount, $63,759.00, including tax
is for Phase No. I construction and budgeted in the 1973-74 Fiscal Year, the
remaining $37,236.74, including tax for Phase No. II would be allocated from
the 1974-75 Budget. He reported that in connection with this purchase agreement
there is a possible maximum escalation clause of 6% on the Phase No. II order
which is to be delivered November 1, 1974, per letter from Cole Electric Company
dated August 8, 1973.
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
low bid of Cole Electric Company was accepted and purchase authorized in the
amount of $100,995,74, including tax, $63,759.00 from the 1973'74 Budget and
$37,236.74, including tax, from the 1974-75 Budget. MOTION CARRIED.
AMENDMENT TO TALLMANTZ AVIATION CONTRACT (HELICOPTER MAINTENANCE): Mr. Murdoch re-
ported on the requested increase in rates of an additional $1.25 per hour sub-
mitted by Tallmantz Aviation, Inc., in connection with the helicopter maintenance
contract, which would raise the total hourly fee to $24.75. Also submitted was
a report from Lt. Cook, Special Enforcement Bureau, which outlines the reasons
for the increase and their justification.
Mr. Murdoch Pointed out that Lt. Cook's report indicates the increase
could be absorbed-in the current budget by reducing the helicopter patrol time
by 3%.
Councilman Stephenson voiced his opinion that if the Polic~ Department
can cut back helicopter, patrol time by 3%, then it probably could be deleted en-
tirely from the police program, and the monies allocated to other police functions.
He referred to the fact that Council originally instituted the helicopter program
on a one year trial basis and stated at the inception that if the helicopter pat-
rols did not effectively reduce the crime rate, they would be removed from police
service. He contended that there has been no demonstrated reduction in the crime
rate in Anaheim since the helicopter program which has not also occurred in
other places, but rather there has been a comparative increase in some types of
crime over other areas. He reiterated that he was of the opinion that the monies
currently allocated to the helicopter program would be better spent on additional
patrol cars.
Councilman Pebley remarked that there is no index by which to measure
whether the crime rate might have been higher without the helicopters.
Councilman Thom stated that he thought the action taken by Council was
to give the helicopters a one year full-time trial and then re-evaluate the pro-
gram.
Councilman Sneegas remarked that he personally has seen frequent illus-
trations via the news media and police bulletins which indicate the usefulness
of the helicopters in police work and thereupon offered Resolution No. 73R-358
for adoption.
'Refer to Resolution Book.
73-679
Citz N&,II! Anaheim~ Cal[fornia - COUNCIL ~INUTES - Au&ust 2!! 19731 1=30 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING
THE TERMS AND CONDITIONS OF AN A/IREEMENT BETWEEN THE CITY OF ANAHEIM
AND TALI/IARrZ AVIATION, INC., DATED AUGUST 21, 1973 AND AUTNORIZXNG
THE NAYORAND CITY CLERK TO EXECUTE SAXD AGREEMENT.
Roll Call Vote..
AYES: COUNCILMEN
NOES: COUNCILMEN
ABSENT: COUNCILMEN
Sneeias, Pebley, Thom and Dutton
Stephenson
None
The Mayor declared Resolution No. 73R-358 duly passed and adopted.
RESOLUTION NO. 73R-359 - AMENDING CONTRACT~ .ANAHEIM POLICE MOTORCYCLE TRAINING -
CALI~tNIA HIGHNAY PATROL ACADEMY= Councilman Sneegas offered Resolution No.
.... 73R-359 for adoption, amending the contract between the City of Anaheim and
the State of California for Anaheim Police motorcycle training at the Califor-
nia Highway Patrol Academy, to reflect a change in training dates only (no
reduction in training time).
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT TO ANEND THE MOTORCYCLE
TRAINING AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIF-
ORNIA, DEPARTMENT OF CALIFORNIA HIGH~AY PATROL.
Roll Call Vote:
AYES: COUNCILMEN:. Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-359 duly passed and adopted.
CLAINS AGAINST THE CITY: The following claims were denied as reconvnended by the
City Attorney and ordered referred to the insurance carrier, on motion by
Councilman Sneegas, seconded by Councilman Stephenson. MOTION CARRIED.
-a. Claim submitted by Cyril W. Powers for personal injuries purpor-
tedly resulting from tripping over iron bar in restroom of City park,on or
about May 8, 1973.
b. Claim submitted by Louise Jackson for personal p~operty damage
purportedly as a result of hitting dome covering a man-hole in the street,
on or about June 19, 1973.
c. Claim submitted by Wilson H. Elliott, Jr., for personal injuries
purportedly as a result of being hit in mouth by City employee, on or about
July 3, 1973.
d. Claim submitted by Addressograph-Multigraph Corporation for
personal property damage purportedly as a result of explosion of overhead wires,
on or about July 12, 1973.
e. Claim submitted by Florence C. Thele for damages to vehicle pur-
portedly sustained in collision with City vehicle, on or about July 31, 1973.
MOTION CARRIED.
PROPOSED REVISED BAIL SCHEDULE FOR ANAHEIMMUNICIPAL CODE PARKING VIOLATIONS: The
proposed revised bail schedule for parking violations as recommended by the
Chief of Police, was submitted for Council consideration prior to requesting
Nunicipal Court approval.
Councilman Sneegas offered a resolution for adoption, authorizing the
proposed bat1 increases as recommended.
On review of these proposed increases, Councilman Stephenson voiced
the opinion that a number of these were too high and that some discussion was
warranted.
73-680
City HallI ~ahetm! California - COUNCIL MINUTES - Autust 211 1973! !530 P.M.
On request of other Council members, Councilman Stephensonwent
through the list of proposed increases and enumerated the bail fees which he
felt would be more appropriate. He further remarked that he felt the originally
proposed increases would further discourage potential patrons from shopping in
the downtown Anaheim area.
Councilman Dutton noted that prior to this proposed increase, the bail
amounts for parking violations.have been the same for a considerable period of
time even though all other costs have risen.
Councilman Stephenson objected to taking a commercial view point to-
wards the!asuingof tickets and citations to the public, noting that the Police
Department is a tax-supported agency, and that citations should not be considered
as a potential source of revenue.
Councilman Pebley concurred with the remarks made by Councilman
Stephenson~relative to discouraging patrons in the downtown area with higher
parking violation charges, however, he felt that the current assignment of
cadets to continually patrol the downtown parking meters was more responsible
for keeping patrons ~way. He suggested that they be assigned elsewhere or that
they not patrol continuously.
Councilman Stephenson noted that according to the Police reports,
parking meter violations issued were down to the same level as they were a year
ago.
.Councilman Sneegas was of the opinion that the bails.are comparable
to other fees charged by the City such as business license fees, which Cause no
one any difficulty but still draw enough money to maintain themselves., and felt
that the bail system should stmtlarl~ cover the costs of issuing and processing
Mr. Murdoch stated that the premise on which the bail schedule is based
is that there should be an expenditure on the part of the violator. If the law
is valid in the first instance, the question is should the general taxpayers
bear the costs to any great degree for the parking infractions, or should the
violator carry that responsibility himself.
Brief discu~sion was held regarding the recommendation made by
Councilman Stephenson to raise the bail for no parking violations on Citron Street
during school hours (14.32.230), the proposed amount listed on the schedule being
$5.00 and Councilman Stephenson's recommendation was that $3.00 would be suffici-
ent to clear up the problem once students and facility at the school bdcome aware
that the law is being enforced.
Councilman Sneegas withdrew the resolution previously offered.
RESOLUTION NO. 73R-360: Councilman Stephenson offered Resolution No. 73R-360
for adoption, authorizing and directing the City Attorney to submit the new bat1
schedule, increasing bail fees for Anaheim Municipal. Code parking violations, as
follows, to the presiding judge of the Municipal Court of the North Orange County
Judicial District, for the court's approval.
CURRENT PROPOSED
SECTION VIOLATION BAIL BAIL
12.16.070
14.32.030
14.32 ..030.2
14.32.030.3
14.32.100
14.32.120
14.32.130
Working on vehicle in street $ 5.00
Parked in loading zone 3.00
Parked in alley 3.00
If blocking 5.00
Parked in yellow zone 3.00
30 minute parking 1.00
20 minute parking 1.00
Expired 15 minute meter or
parked in green zone 1.00
$10.00
5.00
3.00
10.00
5.00
2.00
2.00
2.00
73-681
City Hall~ Anaheim~ California - COUNCIL MINUTES - August 21! 1973! 1:30
CURRENT PROPOSED
SECTION VIOLATION BAIL BAIL
14.32.140
14.32. 170
2.00 $ 5.00
3.00
14.32.179 2.00
14.32.190 5.00
14.32.191 5.00
14.32.230
Occupying more than one
parking space
Not parking within marked
stalls in city parking lots 1.00
2 hour city lot parking 1.00
No parking anytime 5.00
72 hour parking violations 1.00
No parking school hours on
N. Citron 1.00
14.32.270 )
)
)
School zone with 2 hour
parking limitations 1.00
On wrong side of street or
more than 18 inches from curb 5.00
Vehicles parked on street with
"For Sale" signs 1,00
Parked in red zone 5.00
Expired one and two hour
meters 1.00
14.32.235 14.32.240
14.32.236 14.32.242
14.32.237 14.32.243
14.32.238 14.32.265
14.32.271
14.32.280
14.32.310
14.32.370
14.44.070
3.00
Restricted parking $3.00
same during school hours
3.00
5.00
5.00
5~00
1.00
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND
DIRECTING THE CITY ATTORNEY TO REQUEST THE MUNICIPAL COURT TO APPROVE
ANEW BAIL SCHEDULE FOR ANAHEIM MUNICIPAL CODE PARKING VIOLATIONS.
Roll Call Vote:
AyES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley and Thom
Dutton
None
The Mayor declared Resolution No. 73R-360 duly passed and adopted.
RESO~ION NO. 73R-361 - REQUEST - CROSSING PROTECTION FUND, SOb'rHERN PACIFIC
TRANSPORTATION COiqPANY RAILROAD TRACKS AND PACIFICO AVENUE (CROS$,ING SO. BK-512.7):
Councilman Sneegas offered Resolution No. 73R-361 for adoption.
Refer to Resolution Book.
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
SUBMISSION OF A REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM
THE CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. BK-512.7 AT
THE INTERSECTION OF PACIFICO AVENUE AND THE SOUTHERN PACIFIC TRANSPORTA-
TION OOHPANY RAILROAD' TRACK.
Roll' Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No..73R-361 duly passed and adopted.
CALLF_m~_~IA ,STATE LEGISLATION (AB-1655} - RAMPS ON NEWLy CONSTRUCTED CURBS AND SIDE-
WAL~s 'l'~eport from Richard C. Wooten, State of California, Department of Rehabili-
"ration, dated May 23, 1973, outlining the guidelines for installation of ramps
73-682
City Ha!l~ Anaheim5 California - COUNCIL MINUTES ~ August 21~ 19735 1530 P.M.
on a 1512 scope, or less, in curbs and sidewalks to facilitate their use by the
physically handicapped (AB 1655), was submitted for Council consideration to-
gether with a discussion of the legal'requirements prepared by the City Engineer.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the City Council concurred with the policy presented in the report by the City
Engineer, dated August 9, 1973, requiring the construction of wheel chair ramps,
to enable the physically handicapped to have full and easy access to, and use
of, curbs and sidewalks, and all new or remodeled buildings that could reason-
ably be expected to be used by the handicapped and to permit the City Engineer
to require ramps to be constructed in areas where prudent judgment dictates a
need, rather than in all areas of the City of Anaheim. MOTION CARRIED.
.U~..COLLECTIBLE ACCOUNTS FOR FISCAL YEAR 1972-73: .Mr.'M. R. Ringer, Finance Director,
submitted a list of accounts which he recon~nended be written off as uncollectible
for the Fiscal Year, 1972-73. These accounts total as follows: damage to City
facilities - $21,931.83; utilities accounts - $29,321.98.
Councilman Pebley inquired as to the City's policy regarding power
supply to businessmen who have declared bankruptcy, leaving a sizable unpaid
utility bill, and then requests a power turn-on at another business operation.
Mr. Murdoch explained that the Utilities Division can and does request
a full deposit, which is an estimated two months' bill, when they are aware of
such a situation or where there is no substantial ownership.
In answer to Councilman Dutton, Mr. Ringer advised that there are some
debts listed on the write off sheet which are questionable as to whether any money
is actually owed the City, but that he felt it requires Council action to remove
them from the books and therefore they were included on the list.
Councilman Pebley inquired as to the source of the long list of uncol-
lectible amounts under $5.00.
Mr. Ringer replied that these are utility billings for power delivered
after a request for turn off, insituations where it is difficult to assign respon-
sibility, and the amounts are too small to be worth pursuing. He assured Council
that anything of a major nature would be pursued through the City Attorney's
Office and,taken to small claims court if necessary.
Mr. Ringer stated that the total utility write off for Fiscal Year
1972-73 is substantially less than the previous year, and amounts to less than
one/tenth of a percent of the total electrical sales.
On motion by Councilman Pebley, seconded by Councilman Dutton, the City
Council authorized the Finance Director to remove the requested write offs for
Fiscal Year 1972-73 as submitted, declaring these uncollectible accounts in the
following amounts: damage to City facilities - $21,931.83; utilities accounts -
$29,321.98. MOTION CARRIED.
ORDINANCE NO. 3206 - PROPERTY TAXES: On recon~endation of the City Manager, Councilman
Sneegas offered Ordinance No. 3206 for adoption.
'Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON ALL
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL
YEAR 1973-74. ($1.05 on each $100.00 assessed valuation, $.80 cents of which
goes to the General Fund, $.25 to Debt Service to retire General Obligation
Bonds)
Roll Call Vote:
73-683
A~.aheim~ California - COUNCIL MINUTES - August 2Lt 1973~ 1s30 P.M.
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Ordinance No. 3206 duly passed and adopted.
AP~PR, IATIONS FOR CONTINUING 1972-73 PROJECTS: A list, dated August 16, 1973,
of capital'projects and equipment budgeted in prior years and not rebudgeted
in 1973-.74, which items have been requested by various department heads to
be carried forward, was submitted by the Finance Director.
Mr. Murdoch reported one recommended change to this list which was
discussed and approved by Council on August 14, 1973, i.e., the substitution
of the Five Coves design in place of construction of the restroom facilities
at La Palma Park, both items having been allocated $30,000.
On motion by Councilman sneegas, seconded by Councilman Dutton, the
list of capital projects to be appropriated as carry forward items was approved
as amended with the substitution of the Five Coves design. MOTION CARRIED.
CORRESPONDENCE: The following correspondence was ordered received and filed on
motion by Councilman Sneegas, seconded by Councilman.Stephenson:
ae
July, 1973.
Financial and Operating Reports for the Months of June and
Customer Service Division - July
Building Division - July
Water Division - June
b. Community Center Authority - Minutes - August 6, 1973.
MOTION CARRIED.
ORDINANCE NO. 3203: Councilman Stephenson offered Ordinance No. 3203 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (72-73-52 - C-i)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3203 duly passed and adopted.
ORDINANCE NO. 3204: Councilman Stephenson offered Ordinance No. 3204 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-5 (1) - RS-S000)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and I)utton
None
None
The Mayor declared Ordinance No. 3204 duly passed, and adopted.
73-684
City Hall, ~aheim, .California - COUNCIL MINUTES - August 21~ 1973! !:30 P.M.
QBDLNAN(~ NO. 3205= Councilman Sneegas offered Ordinance No. 3205 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (69-70-17 - C-l)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3205'duly passed and adopted.
I~EQUEST FOR JUNIOR AND SENIOR GOLF RATES - ANAHeIM MUNICIPAL AND ANAheIM HILLS GOLF
COURSES: Request of Mr, James J. Mancini, regarding special consideration for Junior
and senior golfers in the form of reduced rates, continued from the meeting of
August 14, 1973, for further reports and discussion was resubmitted together
with an additional report from John Collier, Director of Parks and Recreation.
Mr. John Collier advised that a review was undertaken at Anaheim
Municipal Golf Course over the past five months to determine if there is any time
period during which the course might be more fully utilized, and this has indi-
cated that there is no set pattern to the off hours. At Anaheim Hills, he ad-
vised that the rate of play shows a steady increase, and it would be at least a
year before they will have any idea as to what the "dead" times might be. He
outlined the present twilight rate effective at both courses after 4:00 .p.m. and
recommended that the rates remain the same.
Councilman Thom advised that he felt the senior and junior golfers
should receive special consideration. He advised that he did not think such a
reduced rate would be discriminatory in light of the fact that such programs are
in effect in Los Angeles County. He reiterated that he strongly advocated a
similar method as the Los Angeles County golf courses utilize, and that this type
of reduced rate should be made available especially to senior citizens living on
fixed incomes.
Councilman pebley was of the opinion that it would be a discriminatory
act to allow a reduced rate to senior citizens and not to other age groups such
as those young adults attempting to complete their college education, noting that
they too have ecomonic problems.
Mr. Watts reported that subsequent to the discussion held August 14,
1973, he spoke with both the County Counsel's Office, County of Los Angeles and
the City Attorney's Office in Long Beach, both of which governmental aganctes
operate golf courses and allow reduced rates. Los Angeles County had a special
rate for senior citizens over the age of 65 on the basis of starting time avail-
able, and the City of Long Beach extends its reduce rate privilege to senior
citizens and to juniors. As a result of these conversations, Mr. Watts ascer-
tained that the County of Los Angeles has never been asked for an opinion as to
the legal ramifications of this program and has not rendered one. Internally,
the County Counsel's Office has considered the question as to whether or not such
a program may violate the Civil Rights Act of 1964 by discrimination on basis of
age, but they have not rendered an opinion. The City Attorney's Office in Long
Beach feels that the preferential price treatment insofar as the Junior players
are concerned is justified on the theory that it furthers the education and train-
lng of the young in connection with the city recreation program.
Councilman Stephenson concurred with the philosophy of providing a
reduced rate for senior citizens, if this privilege could be confined to senior
citizens residing in Anaheim, however, he expressed concern that should reduced
rate cards be issued, these would be purchased and used by senior citizens
throughout Orange County and would cause the courses to be played so heavily that
other golfers may not be able to schedule starting times.
,In answer to Councilman I)utton, Mr. Watts reiterated that there is a
covenant in the agreement with Anaheim Hills, not to take action which~uld
73-685
City Hall! Anaheimz California - COUNCIL MINUTES - August 21~ ~73,_1:30 P.M.
materially affect the revenues in an adverse manner. He advised that in his
opinion the program would be permissable if the City proc:~ded with it as a
plan to increase the total dollar revenue. Further, he added that should the
Grant Company feel that the City has taken an actionwhich was detrimental to
the golfing revenues and therefore in breach of the contract, then the Council
might rescind the program which was undertaken.
Councilman Thom remarked that the request for reduced rates was made
in the belief that this actionwould enhance the atmosphere for more play. He
advised that he thought the reduced rate play should be permitted only when
starting times are open, and that no play on a reduced rate would be scheduled.
He noted that the golf revenues are not sufficient to meet current expenses and
that perhaps the reduced rates would open the courses to more individuals.
Councilman Pebley was concerned that a marked, increase in play at
reduced rate would discourage players from the courses who would play at regu-
lar rates.
Councilman Sneegas inquired whether Parks and Recreation Department
had considered moving the hours at which the twilight rates are applicable to
earlier in the afternoon at Anaheim Hills, to which Councilman Stephenson re-
plied that the senior citizens do not utilize this course very much because of
the terrain.
Councilman Sneegas was of the opinion that no one particular group
should have any advantage or privilege not available to any other group of
citizens.
Councilman Stephenson moved that the fee policy at Anaheim Hills and
Anaheim Municipal Golf Courses remain the same, for the reasons as stated by
the Parks and Recreation Director. Councilman Sneegas seconded the motion.
To this motion, Councilman Thom voted "no". MOTION CARRIED.
REQUEST FOR EVENING PUBLIC HEARING REGARDING DRAINAGE DISTRICT - PERALTA HILLS
ESTATES IMPROVEMENT ASSOCIATION: Mr. Murdoch submitted a request from Mr. Brian
E. Bittke, President of the Peralta Hills Estates Improvement. Association for
an evening public hearing to discuss: (1.) The impact of drainage facilities
on the Peralta Hills environment; (2.) The exclusion of Peralta Hills from
proposed drainage districts. This request was submitted for City Council con-
sideration together with report of the City Engineer dated 3uly 23, 1973.
Assistant City Attorney Dawson suggested, since the City is in the
process now of preparing a Drainage Master Plan for resubmissi~n to the Orange
County ,Flood Control District, and then to the Board of Supervisors, any public
discussion be deferred until approval is forwarded by these bodies. He ad-
vised that this would place the City in a better position for such discussion
and decision as to how the drainage districts will be initiated.
Mr. Murdoch concurred that this would be an appropriate
time for such discussion, and with general Council consent, advised that he
would inform Mr. Bittke that public discussion on the matter would be scheduled
following approval of the Drainage Master Plan by the Orange County Board of
Supervisors.
Councilman Thom also requested that a copy of the City Engineer's
report dated July 23, 1973 be forwarded to Mr. Bittke.
City Engineer Maddox reported that the Drainage Master Plan will in-
clude pipe sizes, but will not address itself to special facilities and it will
perhaps be difficult to assess the impact on a given area from this plan. He
further advised that it will, however, designate drainage areas for purposes
of reimbursement.
No further action was taken by the City Council at this time..
RESO?~UTION NO. 73R-362 - SUPP!.RMENTARY AGREEMENT = ORANGE COUNTY SANITATION DISTRICT
NO. 2~ S.EWER CONNECTION CHARGES: Councilman Stephenson off'red Re"solution No.
73R-362 for adoption.
73-686
City Hall~ Anaheim; California - COUNCIL MINUTES - August 21~ 1973~ !:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 73R-278 RELATIVE TO COLLECTION OF SEWER CONNECTION CHARGES IN SANITA-
TION DISTRICT NO. 2.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and DUtton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-362 duly passed and adopted.
RESOLUTION NO. 73R-363 - SUPPLEMENTARY AGREEMENT - ORANGE COUNTY. SANITATION DISTRICT
NO. 3 ~ SEWER CONNECTION CHARGES:
73R-363 for adoption.
Councilman Stephenson offered Resolution No.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION
NO. 73R-279 RELATIVE TO COLLECTION OF SEWER CONNECTION CHARGES IN SANITA-
TION DISTRICT NO. 3.
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-363 duly passed and adopted.
ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT: Mr. Murdoch reported that there has been
a series of resolutions adopted by other cities calling for various procedures
which would lead to the eventual elimination of the Orange County Mosquito Abate-
ment District, primarily because it is felt that there is a substantial duplica-
tion of effort, and that the duties of the Bistrict might best be assigned to
the Orange County Health Department. These resolutions have called for a reduc-
tion in size of the Board and in the number of meetings held, from monthly to
quarterly. Mr. Murdoch advised that this matter will be before the League of
California Cities on September 13, 1973 and asked whether Council wished to take
a position on the issue.
Councilman Dutton stated his opinion that the control of mosquitos
could appropriately be assigned to the County Department of Health.
RESOLUTION NO. 73R-364: Councilman Sneegas offered Resolution No. 73R-364 for
adoption, supporting the reduction in size of the Board of Trustees of the Orange
County Mosquito Abatement District and the eventual elimination thereof by incor-
porating the duties of same into the County Department of Health.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE RE-
DUCTION IN SIZE OF THE BOARD OF TRUSTEES OF THE ORANGE COUNTY MOSQUITO
ABATEMENT DISTRICT AND URGING THE DISSOLUTION OF SAID DISTRICT.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-364 duly passed and adopted.
CONTINUATION OF FOUR-CITIES PROJECT: Mr. Murdoch reported that request has been re-
ceived fr~m JPL that the City jointly support a grant application for continua-
tion of the Four-Cities Program which Mr. Bill Armstrong, serving in the capacity
of Science and Technology Advisor, has been assigned to the City of Anaheim. He
73-687
City Hall, Anaheim~ California - COUNCIL MINUTES - August 23! 1973~ 1:30 p.M.
advised that JPL is willing to continue this program on the basis of a draft
~greement, however in order to continue the program with National Science
Foundation and NASA Financing, monetary participation in the amount of $7,500
is required by the City. This would permit continuation of the program with
full-time employment of one person from the Northrup Corporation. Mr. Murdoch
recommended that the program be continued for the projected additional two-
year period.
On motion b~ Councilman Pebley, seconded by Councilman Dutton, a
letter was authorized indicating the City of Anaheim's support of the Four-
Cities Project and agreeing to cash participation in the amount of $7,500.
MOTION CARRIED.
LE~a i~pz~rr - ~INING LASOR~TOR~S - BaOOmm~ST PA~X BaS~AtL A~D FOOT~A~L
FIELD LIOMTING: On motion by Councilman Stephenson, seconded' By Councilman Sneegas,
a letter agreement with Twining Laboratories dated.August 15, 1973, for testing
of materials to be utilized in the Brookhurst Park Baseball and Football Field
Lighting Project, was authorized for execution by the Mayor and City Clerk, in
an amount not to exceed $1,000. MOTION CARRIED.
Councilman Pebley left the Council Chambers. (3:40 P.M.)
REq~ST FOR PUBLIC HEARING - MORATORIUM ON SERVICE STATIONS~ Councilman Thom in-
troduced Mr. Donald Kirk, 535 South Helena Street, who advised that he has
submitted several requests to the City Council for public hearings on various
matters, most recently regarding a moratorium on the construction of gas sta-
tions within the City, to which he has consistently received a reply from the
City Clerk advising him that the Council has rejected his request. He inquired
as to why Council has declined to hold a public hearing relative to a morator-
ium on construction of new gasoline stations.
Mayor Dutton advised Mr. Kirk that it was his understanding that
there is an unwritten policy that permits required to construct a new gasoline
stationwould not be approved unless, another gasoline station owned by the
company is removed or renovated. He further noted that subsequent to Mr.
Kirk's request the Council was polled and the majority of the Council (by four
to one vote) thought a public hearing on the subject unnecessary. He remarked
that due to the fuel situation there have not been any requests for new gaso-
line stations in the City for some time.
Councilman Sneegas was of the opinion that a governmental body should
not predetermine by a moratorium, what a property owner should or should not
build on his property, but that each request should be considered on its own
merit, as this is the proper approach under the free enterprise system. For
this reason and also because of the unwritten policy regarding gasoline sta-
tion construction, he declined the requested public hearing.
Councilman Stephenson concurred with the remarks of Councilmen Dutton
and Sneegas.
RECESS~ Councilman Sneegas moved to recess for the purpose of sitting as the Re-
development Agency. Councilman I)utton seconded the motion. MOTION CARRIED.
(3:50 P.M.)
AFTER RgCESS: Mayor Dutton called the meeting to order, all Councilmen being pre-
sent with the exception of Councilman Pebley. (3:51 P.M.)
REC~$ r F0~CUTIVE SESSION: Councilman Sneegas moved to recess to Executive Session
for the purpose of discussing personnel matters. Councilman Dutton seconded
the motion. MOTION CARRIED. (3:52 P.M.)
~ R~CESS~ Mayor l~tton called the meeting to order, all Councilmen being pre-
sent with the exception of Councilman Pebley. (4:49 P.M.)
AD3OtlRI~NT: Councilman Sneegas moved to adjourn. Councilman Dutton seconded the
motion. MOTION CARRIED.
Adjourned: 5:00 P.M.
Deputy City Clerk