1973/10/3073-868
%ity Hall~ Anaheim~ California - COI~CIL MINUTES - October 30, 1973~ 1:30 P.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
COUNCILMEN: None
CITY MANAGER: Keith A. Murdoch
ASSISTANT CITY MANAGER: Robert M. Davis
DEPUTY CITY ATTORNEY: William Hopkins
CITY CLERK: Dene M. Daoust
CITY ENGINEER: James P. Maddox
TRAFFIC ENGINEER: Edward Granzow
ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson
ZONING SUPERVISOR: Charles Roberts
PLANNING SUPERVISOR: Don McDaniel
Mayor Dutton called the meeting to order.
INVOCATION: Lt. Neil Hogan of the Salvation Army gave the Invocation.
FLAG SALUTE: Councilman Ralph G. Sneegas led the Assembly in the Pledge of
Allegiance to the Flag.
MINUTES: Minutes of the Anaheim City Council Regular Meetings held September 25 and
October 2, 1973, were approved on motion by Councilman Thom, seconded by
Councilman Sneegas. Because of absence, Councilman Stephenson abstained from
voting on approval of the Minutes of September 25, 1973. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the
reading in full of all ordinances and resolutions, and the 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 Stephenson seconded the motion. MOTION UNANIMOUSLY
CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount
of $1,333,826.79 for the period ending October 23, 1973, and $378,458.05 for the
period ending October 30, 1973, in accordance with the 1973-74 Budget, were
approved.
CONTINUED PUBLIC HEARING - VARIANCE NO. 2551~ ENVIRONMENTAL IMPACT REPORT EXEMPTION
STATUS AND DINNER DANCE PERMIT (BIG JOHN'S PIZZA ESTABLISHMENT): Submitted by Joe
L. and Barbara E. Lane to permit a public dance hall in the M-1 Zone, on property
located on the north side of Orangethorpe Avenue, west of Orangethorpe Park.
Also scheduled for consideration at this public hearing was recommendation of
the City Planning Commission for review of the dinner dance permit granted to
Big John's Pizza Establishment.
The City Clerk advised the Council of receipt of a letter from Mr.
Harry Knisley, Attorney for the Applicant, requesting that the public hearing
on Variance No. 2551 and related matters be continued to November 20, 1973.
On motion by Councilman Pebley, seconded by Councilman Stephenson, the
public hearing on Variance No. 2551 and related items was continued to November 20,
1973 as requested by the Applicant's Attorney. MOTION CARRIED.
PUBLIC HEARING - HOUSEMOVING PERMIT: Application submitted by Lloyd and Anne S.
Burrows requesting permission to move a commercial structure from 1006 through 1012
South Anaheim Boulevard to 970 SouthAnaheim Boulevard, was reviewed by the City
Council together with report of the Development Services Department recommending
said permit be granted~ subject to the following conditions;
1. That the owner(s) of subject property shall deed to the City of
Anaheim a strip of land 53 feet in width from the centerline of the street along
Anaheim Boulevard for street widening purposes.
2. That street lighting facilities along Anaheim Boulevard shall be
installed as required by the Director of Public Utilities and in accordance with
standard plans and specifications on f~]e in the office of the Director of Public
Iltil~t~ies~
~. That the owner(s) of subject property shall pay to the City of
Anaheim the sum of 60C per front foot along Anaheim Boulevard and Lorraine Drive
for tree planting purposes.
73-869
Cit~~ Hall, Anaheim, California - COUNCIL MINUTES - October 30~ 1973, 1:30 P.M.
4. That a parcel map to record the approved division of subject
property be submitted to and approved by the City of Anaheim and then be re-
corded in the office of the Orange County Recorder.
5. That trash storage areas shall be provided in accordance with
approved plans on file with the office of the Director of Public Works.
6. That all air conditioning facilities shall be properly shielded
from view, and the sound buffered from adjacent properties.
7. That subject property shall be served by underground utilities.
8. That any parking area lighting proposed shall be downlighting
and shall be directed away from the property lines to protect the residential
integrity of the area.
9. That the final parking plan shall be approved by the Development
Services Department, and any landscaped areas in the parking area shall be
protected with 6-inch high, concrete curbs, and concrete wheel stops shall be
provided for parking spaces.
t0. That subject property shall be developed substantially in accor-
dance with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
11. That Condition Nos. 1 and 3, above mentioned, shall be complied
with prior to the issuance of a building permit.
12. That Condition Nos. 2, 4, 5, 6, 7, 8, 9 and 10, above mentioned,
~ball be complied with prior to final building and zoning inspections.
Mayor Dutton asked if anyone wished to address the City Council re-
lative to the proposed relocation of the commercial structure.
Mrs. Juanita McCulloch, 961 South Claudina, stated that she lives
directly east of the proposed relocation site and the only opposition she
would have would be to the relocation of the liquor store on the lot immediately
behind her property. She cited as reasons for her opposition the noise from
the generator used by the liquor store, the volume of truck traffic necessary
to service this store, and the fact that there have been a number of robberies
at subject liquor store. She reiterated that she would not be opposed to re-
location of the building if the property immediately adjacent to her's were
put to some use other than the liquor store.
Mr. Stanley Woods, q55 South Claudina, stated he also would be
opposed to the moving of the liquor store onto the proposed site whereas he
would have no objection to the moving of the commercial building.
Councilmen Thom and Pebley pointed out that the proposed site is in
the C-1 Zone and a liquor store is a permitted use in said zone.
Mr. Woods contended that the store in question uses a compressor
24 hours per day, which, when it is moved will be almost directly in his rear
yard. He also asked if the building would be permitted to remain in its pre-
sent condition.
Councilman Thom advised that the structure would have to be brought
up to specifications of the Uniform Building Code and that Condition No. 6
requires that all air conditioning facilities be properly shielded from view
and the sound buffered from adjacent property.
Mr. Roberts submitted the site plan and this was reviewed with Mr.
Woods at the Council Table.
Councilman Pebley pointed out that the orientation of the cormnercial
structure when it is moved onto the site will be towards Lorraine Drive which
means h~ak k~e l{quor stor~ will be at lease 120 feet from Mr. Woods' property.
The Mayor asked if anyone else wished to address the Council; there
being no response, declared the hearing closed.
RESOLUTION NO. 73R-505: Councilman Stephenson offered Resolution No. 73R~505
for adoption, granting the housemoving permit requested, subject to the con-
ditions recommended by Development Services Department.
~fc~~ to R~.~soiution Book.
Hall., An:~heim, California - COUNCIL MINUTES - October 30, ]973, 1:30 P.M.
A RESOL~i?ION QF THE 21TY COUNCIL OF THE CITY OF ANA~IEIM GRANTING A HOUSE-
MOVING PERMIT TO LLOYD AND ANNE S. BURROWS (970 SOUTH ANAHEIM BOULEVARD).
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declar,,d Resolution No. 73R-505 duly passed and adopted.
PUBLIC HEARING - AMENDMENT TO THE ANAHEIM MUNICIPAL CODE - CHAPTER 18.18~ R-E~
RESIDENTIAL ESTATES ZONE: To consider amendment to Chapter 18.18 of the Anaheim
Munic:pal Code as follows:
Section 18.18.020 - Permitted Primary Structures and Uses.
Section 18.18.021 - Permitted Accessory Structures and Land Uses.
Section 18.18.03(! Subsection (2) (c~ Front On Lots
The City Plannins Commission pursuant to Resolution No. PC73-206,
recommended adoption of amendm~nt to Chapter 18.18 of the Anaheim Municipal Code
in accordance with Exhiblt No.
Mr. Don Mci)angel. state(l that l~c- had no additions to the written re-
port submitted to the Planning Commi~,sion but reported that the Planning Divi-
sion did consult with the Peralta Hills Homeo~mer's Association during the for-
mation of the ordinance and they are satisfied with the proposal as recommended
by the GJty Planning Commission.
The Mayor asked if anyone wished to ad(!ress the Council.
Mr. Rowland KrueAer~ representing the Peralta Hills Homeowner's Assoc-
iation -~Jv4sed that th~s ~sToup if. in general agreement with the amendment as
proposed and feel that this will accomplish their objectives within the framework
of th~ City ordinance. He comaented however on the restriction imposed under
Section 10 (b) of the amendment against roosters, stating that he personally
did net find the crowing of a rooster objectionable.
Mr. McDaniel advised that this restriction is presently contained in
the Code and was simply carried over into this amendment.
Mr. Krueger inquired whether there is included in the amendment an
exemption procedure for youngsters working on F.F.A. or 4-H projects, to which
he received an affirmative reply.
The Mayor asked if anyone else wished to address the Council; there
being no response, declared the hearing closed.
ORDINANCE NO. 3223: Councilman Stephenson offered Ordinance No. 3223 for first
reading.
AN ORDINANCE OF THE CITY OF ~NAHEIM AMENDING TITLE 18~ CHAPTER 18.18~ OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
~UBLIC HEARING - GENEtLAL PLAN AMENDI~ENT NO. 129: To consider amendments to the Cir-
culation Element -Higbway Rights-Of-Way of the General Plan as follows:
Romneya Drive
North Street
Sycamore Street
Santa Aha Street
Olive Street
West Street
From Loca! to
Collector Streets
Cerritos Avenue (west of Knott Street) )
and )
Orangewood Aven~e (between the Santa Aha Freeway )
and State College Boulevard) )
From Secondary
to Primary
Highways
73-871
City Hall~ Anaheim~ California - COUNCIL MINUTES - October 30~ 1973~ 1:30 P.M.
Blue Gum Street (Miraloma Avenue to ) From a Primary t~ ~
Orangethorpe Avenue) ) Secondary Highway
The City Planning Commission pursuant to Resolution No. PC73-216,
recommended that General Plan Amendment No. 129 be adopted in accordance with
Exhibit Nos. A, B and C.
Planning Supervisor Don McDaniel advised that General Plan Amendment
No. 129 was inititated merely to bring certain streets into conformance with
the Orange County Arterial Highways Master Plan and also into line with the
recommendations of the Traffic Engineer.
Councilman Pebley asked if the designation of certain streets from
Local to Collector, in particular West Street, which is exclusively residential
in sections, will mean that eventually the City will have the right to condemn
the property for purposes of widening the street. He expressed concern that
the residents on such streets would not be in favor of either the street widen-
ing and improvements or the additional traffic volume.
Mr. McDaniel stated that the Planning Division does not feel that the
change in designation from Local to Collector will affect the adjacent land
uses. He advised that they have indications that the streets currently carry
the capacity of traffic to qualify
Mr. Ed Granzow, Traffic Engineer, reported that West Street is al-
ready in excess of the necessary width for a Collector street and this amend-
ment proposes only to identify the actual purpose of the street. He stated
that the required width for a street designated Collector is 40 feet, whereas
West Street is currently 44 feet wide.
Councilman Stephenson inquired as to why Blue Gum Street (from
Miraloma to Orangethorpe) is being reduced in designation from a primary to a
~econdary highway.
Mr. Granzow replied that since the construction of the Orange Freeway
there is no longer any need for a primary width on Blue Gum Street. Further
he advised that this street is already designated a secondary highway in
Placentia and already is shown as a secondary on the County Master Plan. He
noted that in reality no change would be made to the roadway at all, but if
left with a primary highway designation, the City of Anaheim would be requiring
a 106-foot right-of-way whereas to the north a 90-foot right-of-way is required.
The Mayor asked if anyone wished to address the Council, either in
favor or opposition to General Plan Amendment No. 129; there being no response,
declared the hearing closed.
RESOLUTION NO. 73R-506: Councilman Dutton offered Resolution No. 73R-506 for
adoption, adopting General Plan Amendment No. 129 in accordance with Exhibit
Nos. A, B and C as recommended by the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN
AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 129.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
gtephenson, ~neegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-506 duly passed and adopted.
CONTINUED REQUEST - INSTALLATION OF SIDEWALKS - ROMNEYA DRIVE: Request presented
by Mrs. Marilyn Kitsman and Mrs. G. B. Hueler of the Thomas A. Edison P.T.A.
~ the Oct~er ~, !~73 meeting and continued to this date for further report
i~, the City Eng]neer regarding the right-of-way requirements and costs,and
from the City Attorney regarding the legal authority on which the City may
Anaheim? California - C~OUNCIL MINU?ES - October 30, 1973, 1:30 P.M.
? .~ lo install said wa]l<way~.;, was c,-~nt~nued to ~ovember 20, 1973, at the
r~ t of the City Engineer, on motion by Councilman Stephenson, seconded by
Ce~i~i~ i ~uan .~neegas. MOTION CARRIED.
On recommendation of the City Manager, the City Council directed that
~e Engineer's report include an analysis of the possibility of forming an
assessment district to encompass th,e entire area which would be served by the
sidewalks.
E~IiEST - WESTERN AMBULANCE SERVICE: Request of Harold C. Fax, Western Ambulance
Service (owner) to operate an ambulance service in the City of Anaheim (police
and fire calls) was originally scheduled for the meeting of September 25, 1973 and con-
t~nued to this date at the request of Mr. Lawrence Buekley, Attorney for the Applicant.
Aisc snbmittedwere reports from the C~tyAttorney's Office, Fire Chief Riley and the
Chi~f ~f Police, all ~f which indicate that the present service rendered by
Southland Ambulance i~. satisfactory ~nd there is no apparent need for additional
ambulance service.
Mr. Lawrence ~ucklev addressed the Council snd noted that the City of
Anaheim was currently serviced by one ambulance company, Southland, which has a
t~tal of 11 units, whereas the Western Ambulance Company currently has four units.
~owever, Southland operates exclusively in nine other cities and on a rotating
basis in an additional six or seven cities, so that their total number of ambulances
are not available at all times to the population of Anaheim. Mr. Buckley cited
population figures of 5~5,000 people which Southland serves exclusively, and
6~5.000 which they serve in conjunction with other ambulance services, which
means that Anaheim has one of the lowest ambulance per capita ratios in Orange
County.
M~. Buckiey utilizod a map on ~hich hc~ l~ad indicated the territories
.~ervoc] both exclusively, and non-e×clu~Jvely by Southland a~ well as the locations
of tb ~outhland office~ and the Western Ambulance Service offices to illustrate
the ~mbe~~ ~-~f units av~lablc~ to ~he City of Anaheim and their location.
C~mparing ~he ambulance sera;ice provided Anahei~ with other cities in
Orange County, Mr. Buckley advised that the City of Anaheim has three ambulances
available for 185,000 population or 6].,000 people per unit, whereas Santa Anahas a
r~tio of 40,000 population per unit and the City of Garden Grove with the addi-
tier of Western Ambulance will have a ratio of 60,000 people per unit. Mr.
Buck]~ advised that Mr. Fax currently operates two offices and has one proposed
ne~ ]o~-ation, and has four ambulance units available for service. With these he
c~id serve Cypress, Garden Grove and provide additional ambulance services to
Anaheim through these offices. Mr. Buckley contended that if Mr. Fax is permit-
ted to operate in the City of Anaheim, with even one unit, the ratio of ambulances
per capita population could the lowered to 40,000, and two units would decrease
thin to 30,000 per unit which would be consistent with the other cities in Orange
County.
Mr. Buckley stated that Southland has argued in other jurisdictions
that it is necessary that they be protected in a monopolistic situation because
of the capital investment required to service an area. He stated that monopolies
are inherently evil and that there is no control over a monopoly. The City of
Anaheim has little or no regulations over the operation of the ambulance service.
Councilman Pebley took exception to Mr. Buckley's statement, noting
that there are reports submitted together with this request from the Police and
F~ Chiefs and that it i~ e~rtainly possible, if these agencies find the ambu-
i~,'~ ~r,~cc~ a~ provided by §outh].and t~ be at an un~at{s£actory level that the
City C~¢~ncJ] could re.:;cind their permit to respond to police and fire calls
ap~i ~p~ amc t~ anot}~er company. Further. he felt that the knowledge of
~h~ p:~ i[~ litv ~on the part <~f t}~e Sauthland Company would make it more likely
~l~at t~< ~¢rvices rc~ndered remain at the desired level. Councilman Pebley re-
marked th.at he i~ for the free enterprise system but in certain operations such
a? a:~bu}anc~ and tax~ :ab services, sometimes it is necessary to have a pseudo-
menopoiv ~Jtuation in order to provide the best services to the citizens.
M~. ~uckl,:} ~t~;nt'ended that Ch~ extent ::.f the City's control is limited
the <.~xtent: of information about the ambulance service. He stated that through-
Orang~ County there i:~ no organizati~>n designer! t:o patrol and police ambulance
73-873
Hail, Anaheim, Calift:~ni,.~ - COUNCIL MiNiWES October 30, 1973, 1:30 P.M.
~ervice~:. Hc ~.ontondcc: th;~t the Ch:icl of m~l~:c, and Fire Chief cannot report
to the City C,'nmcll ~n the efficienc-.' of this servJ,-, unless they make an ex-
tensive invesl.!~atJon into tb~ ambulanc, e ~e~'vi~'e~: in ,'~ther cities.
Coun~:i|man P:bl~,y advised that if a (;all ~s placed for an ambulance
and it: does no~ arriv~ within the reasona?,!¥ expected amount of time, the
Police and Fire Departments certainly learn of this.
Mr. Buckley submitted various response times by Southland Ambulance
to police call~ within the City of Anaheim, monitored by them, specifically,
October 25, 1073, a heart patient call took seven mfnutes, and he cited various
others, not named specifically which took 25, 23 and 22 minutes.
Councilman Dutton remarked that Mr. Buckley, as an Attorney, must
admit that there might have been extenuating circumstances in these particular
situations.
Mr. Buckley sub~,~itted that the limited number of ambulances available
to Anaheim and the placemc..nt of these are a factor. Fur'ther he noted that the
only agent settin% prices in Orange Counly for ambulance services is the oper-
ating companies tbvmselves. He stated there is nothing in a monopoly situation
to prohibit Southland from incq-easing their prices or undercutting substantial-
ly to decrease com~(~tition in contiguous ar~as, tlc reiterated that the people
of Anaheim are serviced hy fewer un~'~_~ than other ()range County cities.
Councilman Dutton remarked that the number of units has not the bear-
ing on the issue as thc effective use of these units in meeting the demand. It
appeared to h5m, mccordin% ta the favorable reports from the Fire and Police
Departments that the current ~.rvice is adequate..
Councilman Dutton further related the past history of ambulance ser-
vice in the City of Anaheim starting at a time when Anaheim once subsidized
ambulance :~;~vic~ ~.n order tc assure ser¥ic~ te the citizens and then the dif-
ficulties en,~<~mt~.red with dual serviceso[~erat:i~ w~_i~£n the City and the re-
sult was that the new, ds of the citizens were not being met.
Mr. Buckley stated that his investigation of Southland Ambulance Ser-
vice response times has been hampered by the fact that they were not able to
obtain the actual police logs, but that which they have done has indicated
occasions where there was an unduly lon~ period of time between call and re-
sponse. He again contended that the Police and Fire Chiefs have no actual cri-
teria to measure the performance of Southland Ambulance Company.
Councilman Pebley stated that in the ten years he has been on the
City Council he has never had a letter of complaint regarding the ambulance
and taxi cab services from any citizen. He remarked that if Mr. Buckley's con-
tentions were true, certainly the elected officia]~ of the City would receive
some complaints about the level of service.
Mr. Buckley replied that all Mr. Fax 5s requesting is permission to operate
in the western section of Anaheim and suggested that the Council permit Western
to operate in this area. If Southland is as efficient as Council believes, he
remarked, after a period of competition they will prove dominant and will remain.'
It seems unnecessary to him for the Council to give artificial protection to
this particular company. The most healthy economic situation would be to let
a competitor into the City. He reiterated that the conclusion of the Chief of
Police is not based on any factual support.
Councilman Stephenson advised that the patrolman on duty is charged
with a responsibility of reporting any unnecessarily lengthy responses and
that there ix a running account of each and every ambulance response to a
police call.
Councilman Pebley also noted that as a member of a hospital board
he has received no complaint~ regarding the ambulance services provided.
~t ::~ ~I ', ~-i.<t~d that if Counc~l ~,~ere interested in knowing the
i :,~t~ ~,f t ~,. : ~ h~.~nd ~ ~ ~n ';cr'~i~.< that th,:v ~.ould allow him time to
c:~tinue hi~ inw:~stiga~:ion and direct the Cboe. cf of PeLJce to turn over the police
] ~ tapes to him in order to aid thi~ ~tud~.,
:it,; HAL1, Anaheim, California
CGIJNCIL MINUTES - October 30, 1.973, 1:30 P.M.
On learninh ~hat Councilmap Steahenyon ]~ the immediate past Police
Chief, Mr. Buckley asked him if he had ever made a study comparing ambulance
rasponse times.
Councilman Sneegas replied that: ~hile h, wa~ an Anaheim Police Officer
hc personally conducted such a ;tudy M~ich was th~ h~s]s ,~n which the decision
to use Southland exclu:~ively was made,as they pr3ved? ;,(cording to the results of
h; investigation, to provid~ ~uperior service. He ad~ised that he vividly re-
called the time in Anaheim when there was more than one ambulance service and
L~at he could personally testify being n policeman at: the time. that the ambu-
lance service was not vhat it s, hould havre bepn. He ~!e~:c. ribed the procedure by
~,~hich the Anaheim Police Department logs ambulance response times and reports
are made to the Chief of Poi'..'(: on an,,. responses considered to be unduly delayed.
From his own personal knowledge, Councilman Sneegas stated that he Js
quite impressed with thc efforts mn,tot's' t:h~ ~:~u~thlan~l Company t,~ furnish services and
particularly feels it would be d~:: rim(oral to the City to lose the benefit of
having an ,ambulance rnllin~ to~¢ards ~he s(:~ne of any accident p~nding a call,
a~ South]and does at it~ o~,.m expense. In conciu.~Jon, (ouncilman Sneegas ad-
:Jsed that he still t~lk~, with polio officers aM;ut t!;ls matter and will con-
c':nue to check the quality of ambulance service. If the Council allows Western
tcnperate in the City, he noted it x.;iTl have to permit all others who wish to
.;t,erate here also, an¢~ it is doubtful that the ambulance needs of the Anaheim
pnpuia~ ion can support that many ambulance operations.
Mr. Buckley reiterated that there is nothing which causes efficiency
~ik.e competition, to which Councilman Sneegas advised that Jn this instance the
~hreat of comp,~tJt~r, i~ suffice(mt: provid( tine impetus f,%~ efficiency.
Mr. Buc:klev a~ain asked q,. ncil to direct the Chief ¢~f Police to give
him aec. esr to police lo~s so that he might prepare em J"fr~rmat~vr, statement on
ambulance service f,~r thc Count?.'].
C~>dnc.itm;~i'~ ;-,; ,,:a:: p~.';;i~:d ou, t~,a:. ~.ianting a,,ce:~:~ t,-, police tapes
for t;:-c- i,¥ Mr. Buckl:~y would sut0ject the City to some iiabil[ts;, as these are
not a matter of public, record. (Thi:_ :~i_,itcment was, corroborated by' Mr. Hopkins,
Deputy City Attorney.i~
Mr. Buckley contended that any evaluation of ambulance service in
Anaheim must take into, consideration the large tourist industry, the fact that
Anahei~ sits on two major arterie~ ~f Orange County, Harbor and Beach Boulevard,
and the number of hospitals loc. ated within the City. If Council wishes to grant
exclusive services to Southland Ambulance, Mr. Buckley suggested that they set
up some means of policing and reg~,~lating same a~d noted that Western Ambulance
wou]d I~ ha~>p} te acc. pt an c~×c iu-iv,- a~reement ~) provide ambulance service to
~. me, Imam ~nee~as ~t,!vJ::ed 'h,~t hc fel~ tb~, Cit'. does have the best
mc t~;,:<: r onitorin~ it~ ambu n:, ~.:c and 'hal ~i-~.,~_. the polJ ce officer
<>:unci:man PeI~lr, v -:t, ,.:! that due t:c, the recommendations of the Police
and Fir,, Chiefs, and bi:~ leo v..:t~ ot exper/enc~ on iht Cit? C~,~mcil, he would
have tc ;,~r~:e that th~ SouthLan~ ~ - Jt~ i: c:ffJ~i~n~l? :':et~ng the ambulance
dc~and- .,,f the City and ther,.~ m;:~ 7lo,~ c~ tc deny the reque:~t -~ubmitted by Harold
C. ~mx. W-em ~hul~nce 2~r~ ~.:c . : ' ~ r~ ~c~' D: ~c:~ and fire (:ails in the City
o~: An:~ Cc,~r~cilr73n ~t~3h,~n:~ s~:. ~)~d, ~'. Lh~ ::'.Lion. MOTION C~RIED.
The City CouncJI had r~,~3ue~ted P~vel~,pme'nt Services Department
review ~,f nutomobiie sar~ <¢ ::',ati~:r ~h~zh have been granted vari-
~clf-~crv~c, ~:~n.~: on primp ~.::lapd~. ~nsid~ration of this re-
~- g~nall) ~cb~cd~lc:~ ~c:c~be ~ i ,"7 -~ ,: con::Jnued t~ this date for
addit] ~na] ~nf~vr~al io::
that h~ wished 'ina record to show his ab-
item: ar, th~:r,~upon left the. Coum;il Chambers.
73-875
Cit~ Hall, Anaheim, California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
Zoning Supervisor Roberts summarized the report submitted by Develop-
ment Services Department which refers to the Atlantic Richfield stations located
at:
a. The northeast corner of State College Boulevard and La Palma
Avenue (Variance No. 2490).
b. The southwest corner of Euclid Street and La Palma Avenue
(Variance No. 2491).
c. The southwest corner of Euclid Street and Broadway (Variance No.
2496).
d. The southwest corner of State College Boulevard and Katella
Avenue (Variance No. 2470).
Mr. Roberts related the history of the zoning petitions which resul-
ted in the City Council granting Variance Nos. 2490, 2470 and 2491, denying
Variance No. 2406 in fsct, since neither action to grant or deny received the
majority vote of the Council.
From discussion on May 22, 1973 regarding Variance No. 2490 and 2491,
it is ascertained that the Council granted tbe~e on the basis that the station
was intended to provide both full service and ~elf-service facilities, as ex-
plained by the Applicant's Agent, Mr. Rathbun, and the signs would be necessary
to indicate the type of services provided at each pump island. However, on
April 3~. ]973, at the public hearing before t],e Planning Commission on Variance
No. 24q~ the Applicant's Agent, Mr. Manly indicated that this service station
was to b~ exclusively a self-service facility. The City Planning Commission
Jn their resolution of denial cited the following finding: "That the Planning
Commission recognizes that the City Council bas granted 'self-serve' and price
signs on appropriate islands at service stations where both 'full service' and
'self-service' are available. However, the subject service station is com-
pletely 'self-serve' and this fact could be adequately advertised on the exist-
ing pole sign at the corner of the property along with the price signs." The
City Council conducted public hearing on Variance No. 2496 on June 5, 1973 and
resolutions both to grant and deny said variance were offered, however neither
carried the required three votes and therefore, in effect the variance was
denied.
Variance No. 2470, unlike the other three applied to a service
station under construction, requesting additional signs on the
fascia of the canopy covering the pump ~slands, said signs to include the word
"Arco" only. The self-service sign was proposed to be located on the corner
sign along with the company name and price signs, and this variance was granted.
On August 23, 1973, the Zoning Enforcement Officer made field inspec-
tions of all above-listed gasoline stations in response to Council's directive
with the following results:
a. (Northeast corner of State College Boulevard and La Palma Avenue)
self-service/price signs had been erected at the end of all four pump islands,
additional self-service signs had been placed on top of all eight pumps, and
several other illegal signs and banners were located on the property.
b. (Southwest corner of Euclid Street and La Palma Avenue) self-
service/price signs had been erected at the end of all three pump islands in
conformance with the approved plans. However, additional self-service signs
had been placed on top of all of the pumps located on the site and several other
illegal signs were scattered around the property
c. (Southwest corner of Euclid Street and Broadway) self-service
signs had been placed between the support poles of the two pump island canopies
located on the subject property, self-serve signs had been placed on top of
~ach of the pumps, and a number of other illegal signs were located on the pro-
ii~T+ V .
d. (Southwest corner of State College Boulevard and Katella Avenue)
~i~ex~ ~ai ~l[eg~i self-service signs were located on top of the gasoline pumps.
On August 30, 1073, as further result of Council's concern regarding
tb~:~ matter, the Development Services Department and City Attorney's Office
~'~'~ w~th repr:~entativ<:~ of Atlantic Richfield Company for discussion of the
~?]f-servi~? ~gn~ at these stations. The Arco representatives were advised
~f ~he varinu~ violations and they agreed to correct same.
~,-876
it~ Hall, Anaheim, California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
On October 25, 1973, the Zoning Enforcement Officer again made inspec-
tions of the sites in question and determined that although some of the illegal
signs had been removed, there were still illegal signs in place at three of the
four service stations in question.
Mr. Earl Keil, 1786 West Lincoln Avenue, representing Atlantic Rich-
field advised that since the field inspection mentioned, the pump toppers have
been removed at the Euclid-La Palma station. He advised that they do intend to
comply with the sign ordinance and that they would like to retain the variances
which have been approved.
Mr. Keil advised that Atlantic Richfield has two companies which handle
its self-service marketing operation, the West Coast company is called Wesco.
He stated that this means there are more people involved and the chain of com-
munication is longer.
Councilman Sneezas expressed concern regarding the station at Broadway
and Euclid statinz that since action was initiated concerning this station, there
has been a large nonconforming sign attached to the wall.
In answer to Councilman Stephenson's query as to why compliance has
taken so long, Mr. Keil reiterated that the problem is one of communication and
at times requires that he himself go out and physically remove the signs.
He did however assure Council that as Retail Marketing Manager for this area,
that the stations would comply with the sign ordinance. He advised Councilman
Sneegas that the company which was contracted to erect the sign at Broadway and
Euclid was instructed to obtain the necessary permits.
Councilman Stephenson stated that he was exasperated with the matter
and advised Mr. Keil that if on rechecking the situation in one week, the sta-
tions are not in compliance, he would be the first one favoring the vari-
ances be revolked.
Councilman Thom cautioned that if the Council is going to crack down
on excessive signing at gasoline stations that all other major gasoline distri-
butors should be included.
Councilman Sneegas stated that it was as a result of another gasoline
dealer being required to remove an illegal sign that the Arco station at Broadway and
Euclid was called to his attention.
Mr. Keil remarked that the Zoning Enforcement Officer has been an asset
to him in his area of responsibility and that he is pleased to be able to work
with him to ensure that the Arco stations are in compliance. He pointed out that
the Atlantic Richfield Company has a drive on now to improve the street appearance
of their dealerships.
Mr. Bill Kalimak, 1786 West Lincoln Avenue, also representing Atlantic
Richfield stated that he believed a great deal of the difficulty with Variance
Nos. 2490, 2491 and 2496 is that there has been some misunderstanding. In one
instance he related that they received approval of the four signs requested, how-
ever the placement of these was not what they had desired. He therefore asked
if Council could direct specifically what they would be permitted to retain with
these variances as approved
Councilman Sneegas explained that, as he recalled the discussion on this
issue, the reason Council granted self service/price signs was due to the fact
that there was a precedent (the Mobile station at East an~ Lincoln) at stations
which offer a dual service, and this would be necessary to indicate what type of
service is available at each pump island.
Mr. Kalimak stated that as was pointed out in the Development Services
Department report there were several different agents handling these variances
and several different hearings which apparently lead to confusion and misunder-
standing. He advised that they did not wish Council to think that they had mis-
filed or had arbitrarily installed any number of signs which they considered
necessary.
73-877
City Hall~ Anaheim, California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
Mr. Roberts asked if Council would zive some indication as to their
exact intent, as this would facilitate enforcement, and also the drafting of
a sign ordinance on which Development Services Department is currently working.
He inquired whether the remainder of the Council was in concurrence with the
rationale behind approval of the self-service/price signs as explained by
Councilman Sneegas, i.e., that self-service identification on pump islands
be permitted in gasoline stations where a combination of services is offered,
however if the station is fully self-service then there would be no need for
the identification on all of the pump islands but that the sign on the corner
pole would be adequate.
The entire Council concurred that this was their intent.
Councilman Sneegas pointed out that with these variances they are
permitting,in the combination stations where there are two or four prices of
gasoline, the posting of a self-serve/price sign at the end of the self-service
island, however the full-service price is to be posted on the corner sign and
this is not to be interpreted as permission to post price signs at the end of
all islands, which would constitute double posting.
Mr. Keil described the pump topper sleeves, which they feel explain
to the customer what type of pump they have stopped at, since there seems to
be some confusion. He further noted that what they have attempted to do with
the ~Tariances is to acquire permission to place a sign indicating the type of
service and price at eye level so as to minimize confusion. Further, he noted
that they use top pumper sleeves to notify customers that exact change is re-
quired for purchases from dawn to dusk or 10:00 p.m. to 6:00 a.m. He noted
that these sleeves cause difficulties inasmuch as they are legal at nights
only and the attendants forget to remove them during the daytime.
Councilman Stephenson was of the opinion that these are not necessary
at all; that the attendant at the station should be able to notify customers
that only exact change will be accepted.
Mr. Keil pointed out that the exact change program is for everyone's
protection and that at a station with three or four islands and only one atten-
dant, he may not be able to notify the customer prior to putting several dol-
lars worth of gasoline in the automobile.
Councilman Sneegas noted it is difficult to differentiate between
correct change signs and other types of accessory signs, which cause additional
problems and that the program to notify customers of the necessity for exact
change could be handled in some other manner.
Mr. Roberts, in reply to Councilman Dutton, stated that he would in-
terpret Council's discussion to mean that they do not wish to permit any pump
toppers at all, and the Council concurred unanimously. In addition, Mr. Roberts
inquired whether the Council wished to take any action, in light of the intent
expressed in this discussion, on those two variances which were granted gasoline
stations which have now converted to a completely self-service concept.
Deputy City Attorney Hopkins advised that this could be accom-
plished by the applicant submitting a letter stating that he no longer in-
tends to exercise the privileges granted under the variance because of a change
in his marketing concept, and a resolution terminating said variance would be
prepared.
No further action was taken by the City Council at this time.
ENTERTAINMENT PERMIT: Application by James G. Gantes for entertainment permit to
allow organ, piano and guitar music daily from 4:00 p.m. to 1:30 a.m., at
Dimitri's Restaurant, 907 South Beach Boulevard, was submitted and granted sub-
ject to provisions of Chapter 4.18 of the Anaheim Municipal Code, for a period
of one year, as recommended by the Chief of Police, on motion by Councilman
Thom, seconded by Councilman Stephenson. MOTION CARRIED.
73-878
%it~ Hall, Anaheim, Califor~ia - COUNCIL MINUTES October 30, 1973, 1:30 P.M.
~USINESS LICENSE FEE WAIVER - VENDING S~AND~ INTERSTATE ELECTRONICS: Request of
Mr. Andrew Gram, Department of Rehabilitation, for waiver of business license
fee in conjunction with a vending stand at Interstate Electronics, 707 East
Vermont, on behalf of Mr. Sal Catanzarite, was submitted together with reports
of the City Attorney's Office and License Division.
On motion by Councilman Thom, seconded by Councilman Dutton, the City
Council granted waiver of the business license fee for subject vending stand
to be operated by Mr. Sal Catanzarite (a blind person), as requested. MOTION
CARRIED.
Councilman Pebley returned to Council Chamber. (3:10 P.M.)
BUSINESS LICENSE FEE WAIVER - HANSEN SCHOOL P.T.A. CARNIVAL: Request of Mrs. Stephanie
Normandin, dated October 16, 1973 for waiver of the bu'~iness license fee in con-
nection with P.T.A. carnival to be held November 2 and 3, 1973 on Hansen School
grounds, 1300 Knott Avenue, was submitted together with reports from the City
Attorney's Office and License Division.
On motion by Councilman Dutton, seconded by Councilman Thom, waiver
of the business license fee for the Hansen P.T.A. carnival was granted only for
those activities operated by the P.T.A. members themselves, in accordance with
Council Policy No. 305. MOTION CARRIED.
TENTATIVE MAP~ TRACT NO. 7567 - EXTENSION OF TIME (RECLASSIFICATION NO. 71-72-15):
Request of James J. McCarthy, VTN Consolidated, Inc., for a one-year extension
of time to Tentative Map, Tract No. 7567, was submitted together with reports
from the City Engineer and Development Services Department, recommending said
extension be granted.
On motion by Councilman Pebley, seconded by Councilman Stephenson,
a one-year extension of time for Tentative Map, Tract No. 7567 was granted as
requested, to e~<pire October 19, 1974. MOTION CARRIED.
RECLASSIFICATION NO. 71-72-36 - EXTENSION OF TIME: Request of Mr. William S. Frantz,
Agent for the property owners, datied September 24, 1973 for a one-year extension
of time to Reclassification No. 71-72-36 was submitted together with reports of
the Development Services Department and City Engineer's Office recommending said
extension be granted retroactively.
On motion by Councilman Stephenson, seconded by Councilman Sneegas, a
one-year extension of time for Reclassification No. 71-72-36 was granted, retro-
active to expire October 30, 1974. MOTION CARRIED.
PROGRESS REPORT - "NATURE WALK" (TRACT NO. 8404): Progress report on the status of
the "Nature Walk" concept proposed for development in the canyon area adjacent
to Tract No. 8404 was continued to November 13, 1973 as requested by the Appli-
cant, Bernardo Yorba, on motion by Councilman Sneegas, seconded by Councilman
Stephenson. MOTION CARRIED.
REQUEST - TEMPORARY INSTALLATION OF MOBILE OFFICE FACILITY - ARC DEVELOPMENT COR?OR-
ATION: Request of Mr. James S. Askins, ARC Development Corporation, for temporary
installation of a mobile office facility to be used as a sales-reception center
during construction of the project at Walnut and Cerritos Streets, on R-3 zoned
property, was submitted together with report from Development Services Department
indicating that the Fire Department and Building Division officials have reviewed
the proposal and have no objections.
On motion by Councilman Sneegas, seconded by Councilman Dutton, the
temporary installation of a mobile office facility was approved as requested.
MOTION CARRIED.
APARTMENT - CONDOMINIUM ORDINANCE: Request to address the Council relative to the
formulation of an apartment-condominium ordinance was submitted to Council to-
gether with report of Development Services Department. The City Clerk read the
conclusion of the ~velopment Services Department report.
Mr. S. Dale Stanton, 1509 Harle Place, Chairman, Cerritos-Walnut Assoc-
iation addressed the Council and advised that the original intent of this group
73-879
City Hall~ Anaheim~ California - COUNCIL MINUTES October 30, 1973, 1:30 P.M.
was to stop indiscriminate building of high density condominium-townhouse type
developments. Because of the time factor, the referendum on theWalnut-Cerritos
project was initiated, which he contended was just short of the number of sig-
natures required to be successful. However their reception on circulating the
referendum indicated to the group that they should pursue their original in-
tent and are therefore requesting that the City Council consider the drafting
of an apartment-condominium-townhouse ordinance.
To further support this position, Mr. Stanton cited a recent survey
reported by the Urban Land Institute taken on 1800 condominium projects
on both the East and West Coasts. This survey indicated that two/fifths of
the owners had planned to stay in their units five years or more, however, 75%
of the group would not move into another similar development. They indicated
that prospective buyers should select a project with the lowest density pos-
sible for dollar value, stating six to eight units per acre would be ideal.
They felt that the best projects were those which have a total number of units
under 100 and are divided into smaller clusters with more open space. Ade-
quacy of recreational facilities in relationship to the size of the community
was also pointed out as an important factor. From this study, it would appear
according to Mr. Stanton that density in close proximity appears to precipitate
much of the difficulty.
Mr. Stanton also related that when the condominium Owner become dis-
satisfied with his unit, and is not able to sell it for any reason, he reverts
to rental (in some cases in the City of Anaheim units were purchased as rental
properties) and this destroys the condominium-townhouse concept. He also noted
that in one instance a recreational area provided in conjunction with an apart-
ment complex was removed three years following completion of the project and
another apartment building built in its place. He noted that if the City had
an ordinance to enforce, some of these problems might be pre~nted. Further he
felt that the extremely high number of these type units currently existing or
under construction in the City mandates their regulation.
Mr. Stanton referred to the joint work session of the Anaheim City
Council and City Planning Commission held October 24, 1972 at which it was
pointed out that the Planning Commission was apprehensive about approving such
developments without an ordinance specifying the standards to which they must
conform. Instead, to date, townhouse developments are approved under the
planned unit development concept and condominiums have been approved under the
R-3 development standards, although the Planning Commission and City Council
have concurred that a condominium usage implies ownership and is not consistent
with apartment usage.
Mr. Stanton advised that he appeared before the Council on January 16,
1973, requesting that an ordinance covering townhouse and condominium construc-
tion be drafted for adoption and to date this has not been initiated. There-
fore he requested that Council place a moratorium on new construction or per-
mits for townhouse or condominiums until an ordinance governing this type of
construction can be developed. If the Council does not issue a moratorium,
the minimum which the Walnut-Cerritos Association feels Council can do is to
direct the-Planning Commission to recommend such ordinance and set a date for
public hearing.
Councilman Dutton pointed out that in January 1973, the then City
Attorney, Mr. Joseph B. Geisler, advised that it was his opinion that discri-
mination between these types of developments based solely on the type of owner-
ship would not be legal. He stated that this is the reason that no further
steps were taken towards formulation or adoption of such an ordinance.
Councilman gneegas stated that he felt a moratorium on development
would be unfair to the property owners involved in that it would be penalizing
them for government's delay. However, he remarked he was certainly in favor
of pursuing the formation of some type of regulation~
Mr. Stanton related that no action has been taken and that the pri-
mary concern of the Walnut-Cerritos Association is that an ordinance be adopted
which w~ll regulate the densities in these developments.
3-880
Hall, Anaheim, California -.CQUNCI~ MINUTES - October 30, 1973, 1:30 P.M.
Councilman Thom suggested that the Council implement the conclusion
of the Development Services Department report, i.e., that the City Council dir-
ect the City Attorney's Office and Development Services Department to coopera-
tively pursue some means of developing appropriate regulations for control of
planned residential and condominium developments within the legal authority of
the Zoning and/or Subdivision Ordinance; setting up some time limitation in
which to accomplish this.
In response to Councilman Thom, Planning Supervisor McDaniel and
Deputy City Attorney Hopkins advised that the drafting of such ordinance would
take three to six months.
Mr. Murdoch suggested the possibility of adoption of an interim ordin-
ance which would then permit additional time for consideration of all ramifica-
tions in the drafting of the final ordinance.
By general Council consent, the Development Services Department and
City Attorney's Office were directed to begin collaboration on an ordinance to
regulate apartment-tow~house-condominium developments within the City, with pro-
gress report or proposed interim ordinance to be presented for Council review in
30 days.
ENCROACHMENT PERMIT NO. 73-9E: Submitted by Lusk Corporation, proposing to permit
encroachment of 0.55 feet of an existing residence into a portion of a five-foot
public utility easement, located at the northwest corner of Nohl Ranch Road and
Rolling Hills Drive.
Also submitted was report of the City Engineer recommending said en-
croachment permit be granted.
RESOLUTION NO. 73R-507: Councilman Pebley offered Resolution No. 73R-507 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH MAX E. AND MARION E. GROUSSMAN,
(73-9E)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-507 duly passed and adopted.
ENCROACHMENT PERMIT NO. 73-10E: Submitted by Dr. James W. Cummins, proposing to per-
mit a garage expansion to encroach into a portion of an existing public utility
easement, located at the southwest corher of Rowan Street and Dwyer Drive.
Also submitted was report of the City Engineer recommending said en-
croachment permit be granted subject to the approval of Variance No. 2554.
RESOLUTION NO. 73R-508: Councilman Pebley offered Resolution No. 73R-508 for
adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS
AND CONDITIONS OF AN ENCROACMMENT PERMIT AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH DR. JAMES W. CUMMINS AND
RELAND M. CUMMINS. (73-10E)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-508 duly passed and adopted.
73-881
City Hall~ Anaheim, California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
FINAL MAP~ TRACT NO. 8140: Developer, American Housing Guild; tract located on the
east side of Nohl Ranch Road, north of Serrano Avenue; containing 62 proposed
R-2 zoned lots.
The City Engineer recommended approval and reported that said final
map conforms substantially with the tentative map previously approved, that
tract improvement bonds have been forwarded to the City Attorney for approval
and required fees paid. He reported that the Developer cannot comply with
Condition No. 12 regarding landscape and irrigation bonding and maintenance
agreement for the fill slopes adjacent to the tract's eastern boundary since
the City of Anaheim is currently negotiating with Anaheim Hills, Inc., on the
disposition of these slopes.
On recommendation of the City Engineer, Councilman Dutton moved that
Final Map, Tract No. 8140 be approved, subject to approval of required bonds
by the City Attorney. CouncilmanSneegas seconded the motion. MOTION CARRIED.
FINAL MAP~ TRACT NO. 8204: Developer, Covington Brothers; tract located on the
north side of Cerritos Avenue, west of Knott Avenue; containing 32 proposed
R-3 zoned lots.
The City Engineer recommended approval and reported that said final
map conforms substantially with the tentative map previously approved, that
bond has been forwarded to the City Attorney for approval and required fees
paid.
On recommendation of the City Engineer, Councilman Pebley moved that
Final Map, Tract No. 8204 be approved, subject to approval of required bond
by the City Attorney. Councilman Sneegas seconded the motion. MOTION CARRIED.
RIGHT-OF-WAY CERTIFICATION - BROOKHURST STREET (A.H.F.P. NOS. 590 AND 680): On
motion by Councilman Stephenson, seconded by Councilman Sneegas, the Mayor and
City Clerk on behalf of the City of Anaheim were authorized to execute a right-
of-way certification for A.H.F.P. Nos. 590 and 680 (Brookhurst Street Lincoln
Avenue to Ball Road). MOTION CARRIED.
RIGHT-OF-WAY CERTIFICATION - BALL ROAD (A.H.F.P. NO. 676): On motion by Councilman
Sneegas, seconded by Councilman Stephenson, the Mayor and City Clerk, on behalf
of the City of Anaheim were authorized to execute a right-Of-way certification
for A.H.F.P. No. 676 (Ball Road - West Street to Euclid Street). MOTION
CARRIED.
RESOLUTION NO. 73R-509 - AWARD OF WORK ORDER NO. 703-B: In accordance with recom-
mendations of the City Engineer, Councilman Stephenson offered Resolution No.
73R-509 for adoption.
Refer to Resolution Book.
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 PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE KRAEMER BOULEVARD STREET IMPROVEMENT, NORTH OF LA PALMA
AVENUE, IN THE CITY OF ANA~rEIM, WORK ORDER NO. 703-B. (Jim's Blade Service
~ c.~,332.49)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-509 duly passed and adopted.
RESOLUTION NO. 73R-510 AWARD OF WORK ORDER NO. 705-A: In accordance with recom-
mendations of the City Engineer, Councilman Sneegas offered Resolution No.
73R-510 for adoption.
~3 382
lit~ Hall~ Anaheim, California - COUNCIL MINUTES - October 30, 1973~ 1:30 P.M.
Refer to Resolution Book.
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 PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE PAULINE STREET STREET IMPROVEMENT FROM JULIANNA STREET
TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 705-A.
(Orville E. Henderson - $8,825.50)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-510 duly passed and adopted.
RESOLUTION NO. 73R-511 - AWARD OF WORK ORDER NO. 816: In accordance with recommenda-
tions of the City Engineer, Councilman Dutton offered Resolution No. 73R-511 for
adoption.
Refer to Resolution Book.
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 PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE ANAHEIM CONVENTION CENTER CONCRETE PAD AND DRIVE, IN
THE CITY OF ANAHEIM, WORK ORDER NO. 816. (Cal Pacific Paving Company -
$9,335.00)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-511 duly passed and adopted.
RESOLUTION NO. 73R-512 - AWARD OF WORK ORDER NO. 1516: In accordance with recommen-
dations of the City Engineer, Councilman Sneegas offered Resolution No. 73R-512
for adoption.
Refer to Resolution Book.
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 PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE ANAHEIM HILLS GOLF COURSE CLUBHOUSE GOLF CART STORAGE
EXTENSION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1516. (Dick Pebley
Construction Company - $29,473.00)
Roll Call Vote:
AYES: COUNCILMEN: Stephenson, Sneegas and Dutton
NOES: COUNCILMEN: Thom
ABSTAINED: COUNCILMEN: Pebley
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 73R-512 duly passed and adopted.
REJECTING ALL BIDS - WORK ORDER NO. 2067 - WALNUT CANYON CPIANNEL REINFORCED CONCRETE
BOX: The City Manager reported that ~he bids received for the concrete channel, in-
cluding the two drop structures in Walnut Canyon were considerably in excess
73-883
~it~ Hall~ Anaheim~ California - COUNCIL MINUTES - October 30, 1973~ 1:30 P.M.
of the City Engineer's estimate of $72,222.20, the lowest responsible bid being
over $126,000. The possibility of proceeding with the two drop structures
only was considered, but the contractor was not willing to accept just this
portion of the job for the price quoted that portion, and instead proposed to
construct these structures for in excess of $50,000.
Mr. Murdoch therefore recommended that the City Council adopt the
resolution rejecting all bids, determining that the work can be performed more
economically with City employees and declaring the immediate necessity of the
work for preservation of property. It is intended to call for bids again in
the spring for the culvert portion of the job and proceed with construction
of the check dam immediately to provide protection for the coming winter
season.
In response to Councilman Thom's inquiry, Mr. Murdoch advised that
the channel in question would run from the Walnut Canyon Reservoir along the
Anaheim Hills Golf Course and the highway.
RESOLUTION NO. 73R-513: Councilman Dutton offered Resolution No. 73R-513
for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL
BIDS SUBMITTED ON WORK ORDER 2067; DETERMINING THE WORK MAY BE PER-
FORMED MORE ECONOMICALLY BY THE CITY AND DECLARING THE IMMEDIATE NECES-
SITY OF SUCH PROJECT FOR THE PRESERVATION OF PROPERTY.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-513 duly passed and adopted.
RESOLUTION NO. 73R-514 - AWARD OF WORK ORDER NO. 2065: In accordance with recom-
mendations of the City Engineer, Councilman Sneegas offered Resolution No.
73R-514 for adoption.
Refer to Resolution Book.
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 PER-
FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: THE WALNUT CANYON CHANNEL REPAIR, N/O ANAHEIM HILLS ROAD,
IN THE CITY OF ANAHEIM, WORK ORDER NO. 2065. (K.E.C. Company - $9,530.40)
Roil Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
.~ephen~on Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-514 duly passed and adopted.
RESOLUTION NO. 73R-515 - WORK ORDER NO. 707-A: Councilman Thom offered Resolution
No. 73R-515 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETER-
MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND
COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE WINSTON ROAD STREET IM-
PROVEMENT, EAST OF ST~¥E COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK
ORDER NO. 707-A. APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND
'3- $8,-,
]ity Hall~ Anaheim, California COUNCIL MINUTES - October 30~ 1973, 1:30 P.M.
SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION
OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS,
ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be
Opened - November 21, 1973, 2:00 P.M.)
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-515 duly passed and adopted.
~ORK ORDER NO. 651-B - BALL ROAD STREET IMPROVEMENT: Mr. William Hopkins reported
that the original contractor on Work Order No. 651-B, Moses Galuzzo, defaulted
on his agreement, and the bonding company assumed responsibility for completion
of the job. Said bonding company now has indicated disputes with D. A. Hart,
Inc., and Owl Rock Products and is requesting permission to post additional bonds
in the amount of 125% of the claims stated in the stop notices, through the
Summit Insurance Company pursuant to Section 3196 of the Civil Code. He there-
upon recommended that the City Council authorize the filing of said bonds.
On motion by Councilman Stephenson, seconded by Councilman Sneegas,
the City Council authorized the posting of Summit Insurance Company bonds in
the amount of 125% of the claims filed by D. A. Hart, Inc., and Owl Rock Pro-
ducts in connection with Work Order No. 651-B, pursuant to Section 3196 of the
Civil Code as recommended by the City Attorney's Office. MOTION CARRIED.
LETTER AGREEMENTS - K. G. ORSBORNE AND ASSOCIATESI TWINING LABORATORIES (WORK ORDER
NO. 5538): On motion by Councilman Sneegas, seconded by Councilman Dutton, the
letter agreement submitted by Kenneth G. Orsborne and Associates for soil in-
spection and testing during the grading and during construction of caissons at
the Lewis Street Substation, at a cost not to exceed $5,000, was authorized.
MOTION CARRIED.
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the letter agreement submitted by Twining Laboratories of Southern California,
Inc., for concrete testing at the Lewis Street Substation at a cost not to ex-
ceed $5,000 was authorized. MOTION CARRIED.
WORK ORDER NO. 1003 - REROOFING OF THE CONVENTION CENTER: Mr. Murdoch reported that
the contractor, Federal Roofing Company, advised that they have been unable to
obtain the specified materials to reroof the Convention Center as outlined in Work
Order No. 1003 and therefore have not yet signed the contract for this job. It
is therefore recommended that the Council approve an extension of 15 days to the
period in which the contractor is required to sign the contract in order to allow
him further time to acquire the necessary roofing materials.
~2ouncilman Pebley stated that if it ~s necessary to accept substitu-
tions for ~:he materials specified, he felt that the City should call for new
bids becau~eof the possible differences in cost.
Mr. Murdoch assured the Council that no substitutions for the roofing
materials could be made without Council approval.
Councilman Sneegas moved that the Federal Roofing Company be given an
extension of 15 day~ to the time period for signing of the contract for Work
Order No. 1003. Councilman Stephenson seconded the motion. MOTION CARRIED.
RESOLUTION ~O. 73R-516 DEEDS OF EASEMENT: Councilman Pebley offered Resolution No.
73R-516 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN
DEEDS AND ORDERING THEIR RECORDATION. (Jawfing Investments; Otto and
Dorothy Henning; Sanford H. Anzel, et al; Richard P. and Bariluwe Von
Buedingen; Woodbine Corp.; Essex International, Inc.; Bob A and Josephine
Wilkinson; James E. and Mildred M. Snearly; David H. and Bettie J. Mitchell)
73-885
Cit}z Hall~ Anaheim, California - COUNCIL MINUTES - October 30. 1973~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-516 duly passed and adopted.
PURCHASE OF EQUIPMENT - D. F. CROSS ARMS: The City Manager reported on informal
bids received for purchase of 750 12 KV arms and 100 4 KV arms for the Elect-
rical Division as follows, and recommended acceptance of the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
J. H. Baxter Co., Los Angeles ...... $16,555.88
Koppers Co., Wilmington .......... 18,296.25
Cascadian Lumber ........... 16,582.65
Niedermeyer-Martin, Portland ........... 21,756.00
On motion by Councilman Thom, seconded by Councilman Dutton, the
low bid of J. H. Baxter Company was accepted and purchase authorized in the
amount of $16,555.88, including tax. MOTION CARRIED.
PURCHASE OF B~UIPMENT - SWITCHBOARD AND TRANSFER SWITCH: The City Manager reported
on informal bids received for the purchase of one switchboard and transfer
switch for the Electrical Division as follows, and recommended acceptance of
the low bid:
VENDOR TOTAL AMOUNT, INCLUDING TAX
Abbott Power, Buena Park .......... $21,964.95
Federal Pacific, San Diego ......... 15,655.50
I-T-E Imperial, Downey .............. 15,719.55
On motion by Councilman Sneegas, seconded by Councilman Stephenson,
the low bid of Federal Pacific was accepted and purchase authorized in the
amount of $15,655.50, including tax. MOTION CARRIED.
PURCHASE OF EQUIPMENT - PULLER-TENSIONER: The City Manager reported on informal
bids received for the purchase of one puller-tensioner for the Electrical
Division as follows, and recommended acceptance of the low bid:
VENDOR
TOTAL AMOUNT~ INCLUDING TAX
Sherman-Reilly, Inc., Los Angeles ....... $9,401.91
Hydra-Dyne Corp., E1 Monte ........... 9,451.58
Pengo Division, Gearhart-Owen Ind., Fort Worth, Texas 9,555.00
Rhino Products ................. NO QUOTE
Ken-Tel Equipment ................. NO QUOTE
Hogg & Davis ................... NO QUOTE
Leithiser Company ................. NO QUOTE
Peabody Galion .................. NO QUOTE
On motion by Councilman Thom, seconded by Councilman Sneegas,
the iow bid of Sherman-Reilly, Inc., was accepted and purchase authorized in
the amount of $9,401.91, including tax. MOTION CARRIED.
PURCHASE OF EOUIPb~NT - 20 MOTORCYCLES: The City Manager reported on the recommended
purchase of 20 motorcycles and advised that the Harley Davidson Company has
.ub~itted ~ quotation for said ~quipmen~ in the amount of $52,489.55, including
~a×. He thereupon recommended ~he purcbase be authorized.
On motion by Councilman Dutton, seconded by Councilman Sneegas, pur-
~=~ ag0 55, including tax, as recommended
.ha~e was authorized in the amount of ~,~, .
by the City Manager. MOTION CARRIED.
ADDITIONAL PARTICIPATION - HILL AND CANYON COST/BENEfiT STUDY: Mr. Murdoch reported
that in order to get valid information from the Cost/Benefit Study for the
73 B86
]ity Hall~ Anaheim~ California - qOUNCI~ MINUTES - October 30~ 1973, 1:30 P.M.
Santa Ana Canyon and Santiago Canyon area, it will require more time than has
been devoted to date. He advised that what has been accomplished is that a
format is specifically outlined for rating the relative benefits from one type
of unit versus another. The termination date of Phase No. I of this Study is
October 31, 1973. The County of Orange has estimated the cost to complete
Phase No. I and to fund Phase No. II, which would provide the non-cost factors
that have bearing on the benefits of development versus non-development, as
follows: The Cities of Orange and Anaheim, $2,000 each, the County of Orange,
$3,000, Yorba Linda, $1,000. He advised that the other three agencies have
agreed to authorize these funds a~d action is required by this Council should
they desire to continue participation.
On motion by Councilman Thom, seconded by Councilman Dutton, the City
Council authorized additional participation in the Hill and Canyon Area Cost/Ben-
efit Study in the amount of $2,000 for completion of Phase No. I and funding of
Phase No. II of said Study. MOTION CARRIED.
Mr. Murdoch briefed the Council on the method and possible benefits
forthcoming from the Cost/Benefit Study and suggested that the City of Anaheim's
representative, Mr. Don McDaniel, present a status report on the Study at a
more propitious time.
CLAIMS AGAINST THE CITY: The following claims were denied as recommended by the City
Attorney and ordered referred to the insurance carrier, on motion by Councilman
Thom, seconded by Councilman Dutton:
a. Claim submitted by Hortense E. Carey for personal injuries pur-
portedly sustained as a result of fall in the parking lot of the Anaheim Con-
vention Center, on or about August 1, 1973.
b. Claim submitted by Jean Wright for personal injuries purportedly
sustained as a result of a slip and fall accident at Anaheim Stadium baseball
game, on or about August 18, 1973.
c. Claim submitted by Hartford Fire Insurance Company on behalf of
Hubert Irvin for personal property damages purportedly sustained as a result of
collision with City vehicle, on or about September 7, 1973.
d. Claim submitted by Byron E. Gerringen for personal property damage
purportedly sustained as a result of being struck by City vehicle, on or about
September 26, 1973.
e. Claim submitted by Thomas K. Schramm for personal property damage
purportedly sustained as a result of unauthorized move of vehicle by City
employee, on or about October 10, 1973.
MOTION CARRIED.
RESOLUTION NO. 73R-517 - A.H.F.P. AGREEMENTS FOR FISCAL YEAR~ 1973-74 (A.H.F.P. NOS.
6.~6~ 680, 709 AND 718): Councilman Sneegas offered Resolution No. 73R-517 for
adoption.
Refer to Resolutio~ Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE
EXECUTION OF AGREEMENTS WITH THE COUNTY OF ORANGE RELATING TO THE ARTERIAL
HIGHWAY FINANCING PROGRAM FOR FISCAL YEAR 1973-74. (A.H.F.P. No. 676 -
Ball Road (Euclid Street to West Street);A.H.F.P. No. 680 - Brookhurst
Street (Ball Road to Lincoln Avenue);A.H.F.P. No. 709 - Nohl Ranch Road
(Imperial Highway to Anaheim Hills, Road); A.H.F.P. No. 718 - Sunkist
Street (South Street to Lincoln Avenue)
Roll Call Vote:
AYES: COUNCILMENz
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-517 duly passed and adopted.
RESOLUTION NO. 73R-518 - AGREEMENT - STATE BOARD OF EQUALIZATION RE: THE COLLECTION
OF SALES AND USE TAXES: Councilman Dutton offered Resolution No. 73R-518 for adoption.
73-887
City Hall, Anaheim, California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN
AGREEMENT BETWEEN THE CITY OF ANAHEIM A~D THE STATE BOARD OF EQUALI-
ZATION RE THE COLLECTION OF SALES AND USE TAXES AND AUTHORIZING THE
EXECUTION THEREOF.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneezas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-518 duly passed and adopted.
ORDINANCE NO. 3224: Councilman Sneegas offered Ordinance No. 3224 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 2, CHAPTER 2.04,
SECTION 2.04.040 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW
SECTION 2.04.040 RELATING TO SALES TAX.
CORRESPONDENCE: The following correspondence was ordered received and filed on
motion by Councilman Dutton, seconded by Councilman Stephenson:
a. City of Riverside - Resolution No. 12218 - Opposing the revenue
control and tax limitation initiative to be voted on by California voters on
November 6, 1973.
b. City of Costa Mesa - Resolution No. 73-109 - Opposing the appli-
cation of the Pacific Telephone and Telegraph Company for authority to split
the present Orange County Telephone Directory into two separate directories,
to be known as the Orange Coast Telephone Directory and the Orange County
Directory.
c. City of Seal Beach - Resolution No. 2256 - Supporting the pro-
posed expansion of the Southern California Edison Company's Huntington Beach
Power Generating Plant.
d. City of Placentia - Notice of Public Hearing - October 16, 1973.
e. Public Utilities Commission - Resolution No. DE-118 - Amending
Rule 17.1, Rules of Procedure - Fees for recovery of costs incurred in pre-
paring EIR's.
f. Orange County Board of Supervisors - Resolution No. 73-1187 -
Urgin~ the cities in Orange County, through their Intergovernmental Coordinat-
ing Council, to consider their respective zoning ordinances to bring about
consistency with the County regulations for foster homes.
g. Local Agency Formation Commission - Resolution No. 73-144 -
Approving as an addition to the partial sphere of influence for Northeastern
Anaheim, specifically that area designated A2, known as the Orangethorpe
Avenue-Tustin Avenue Area.
h. Financial and Operating Reports for the Months of August and
September, 1973.
Fire Department
Building Division -
City Treasurer
Police Department
August & September
September
September
September
i. Anaheim Public Library Board - Minutes - September 17, 1973.
j. Orange County Mosquito Abatement District - Minutes -
September 20, 1973.
k. Community Center Authority Minutes - October 1, 1973.
MOTION CARRIED
ORDINANCE NO. 3221: Councilman Stephenson offered Ordinance No. 3221 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (71-72-44 (5) - RS-5000)
Roll Call Vote:
73-888
%ity Hall, Anaheim, California - COUNCIL MINUTES October 30, 1973, 1:30 P.M.
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3221 duly passed and adopted.
DRDINANCE NO. 3222: Councilman Dutton offered Ordinance No. 3222 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (68-69-37 (7) M-l)
Roll Call Vote:
AYES: COUNCILM~N:
NOES: COUNCILMEN:
AB SENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Ordinance No. 3222 duly passed and adopted.
ORDINANCE NO. 3225: Councilman Dutton offered Ordinance No. 3225 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 13, CHAPTER 13.08,
SECTION 13.08.020 (q) OF THE ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC
PARKS. (Prohibited Conduct Generally; no selling or offer for sale of
any merchandise, article or things, without permission of City Council)
ORDINANCE NO. 3226: Councilman Stephenson offered Ordinance No. 3226 for first
reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 32, SECTION
14.32.272 (r) RELATING TO PARKING DURING SCHOOL HOURS RESTRICTED. (Romneya
Drive, south side - area Thomas A. Edison School)
ORDINANCE NO. 3227: Councilman Sneegas offered Ordinance No. 3227 for first reading.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,
SECTIONS 14.32.190 AND 14.32.152 RELATING TO PARKING. (No Parking Any-
time: Coronado Street, south side; Two-hour Parking: Coronado Street,
south side)
RESOLUTION NO. 73R-519 - OPPOSING GENE ,P~J~ STANDARDS PUBLISHED BY THE E.P.A.:
Councilman Dutton offered Resolution No. 73R-519 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM IN SUPPORT OF THE
ANAHEIM CHAMBER OF COMMERCE POSITION OPPOSING THE GENERAL STANDARDS PUB-
LISHED BY THE ENVIRONMENTAL PROTECTION AGENCY.
Roll Call Vote:
AYES: COUNCILMEN:
NOES: COUNCILM~N:
ABSENT: COUNCILMEN:
Stephenson, Sneegas, Pebley, Thom and Dutton
None
None
The Mayor declared Resolution No. 73R-519 duly passed and adopted.
M.D.S. COMPUTER FACILITIES SITE: Assistant City Manager Robert Davis presented a
further prospective site for the M.D.S. Computer Facility, the California Build-
ing, 125 East Ball Road, together with a cost comparison of this proposal and
the Bryan Industrial property, for which lease negotiations were authorized on
October 1~ lq73.
Mr. Davis reported that the owners of the California Building will
lease to ~he City 10,000 square feet of office space, built to City specifica-
tions for 139.5 cents a foot or $47,000 annually. This price includes all improve-
n~=nts, taxes, building maintenance, janitorial services, 66 reserved parking
73-889
City Hall? Anaheim~ California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
spaces and utilities excluding computer. The proposal is for a three-year
lease with an option for renewal and with a provision for expanding into other
parts of the building at a future date if additional space is required.
Mr. Davis stated that upon receipt of this proposal the costs for
the Bryan property werereanalyzed, using both the three-year initial term with
the two year extension and then on a five-year average with the lower costs,
and these analyses indicated that the California Building proposal is the
lower cost lease. He pointed out that the Bryan Industrial property lease is
a net net net lease at 30.8 cents for three years or an average of 29.7 cents
per foot for five years. With the addition of the cost of utilities, mainte-
nance, custodial services, taxes and insurance, the five year average cost is
50.4 cents per foot. In addition to this, Mr. Davis stated that the Bryan
Industrial property has no available additional space for expansion and will
provide only 30 parking spaces. He advised that the proposal was discussed
with M.D.S., who will be paying one-half of the cost, and they are satisfied
that the California Building will be suitable. He thereupon recommended that
negotiations be authorized with the owners of the California Building for a
three-year lease of said building as the M.D.S. Computer Facility site.
On motion by Councilman Pebley, seconded by Councilman Dutton, auth-
orization previously given for negotiations to enter a lease for the Bryan
Industrial property at 2259 Via Burton was rescinded and authorization granted
to negotiate a three-year lease on terms as described for the California Build-
ing, 125 East Ball Road. MOTION CARRIED.
REPORT ON CURRENT LITIGATION (MARGULIEUX; ORANGE UNIFIED SCHOOL DISTRICT/SANTAANA
CANYON IMPROVEMENT ASSOCIATION; INC.): Deputy City Attorney William Hopkins re-
ported that the case of Herman Margulieux versus the City of Anaheim (injunc-
tion to prohibit traffic signal installation and street improvement work at
Cerritos and Euclid) was heard in Superior Court on October 26, 1973 and the
Judge will inspect the location and render his decision shortly.
Mr. Hopkins advised that an Order to Show Cause, Temporary Stay Order
and Alternative Writ of Mandamus was received by the City this date which was
filed on behalf of the Orange Unified School District and the Santa Ana Canyon
Improvement Association, Inc., and will be heard in Superior Court on
November 13, 1973.
REQUEST TO ADDRESS THE COUNCIL - PRIDE EQUALS RESPECTABILITY AND EqUALITY~ INC;:
The City Clerk submitted letters dated September 19 and October 12, 1973 from
Pride Equals Respectability and Equality, Inc., requesting that a representa-
tive of this organization be permitted to address the Council for the purpose
of asking for waiver of the solicitors license fee. The City Clerk advised
this matter was heard and discussed by Council on April 3, 1973, following
which discussion the request was denied. She noted that after receipt of the
letter dated September 19, 1973 the Council was asked whether they
wished to hear further from this organization, and the Council declined. The
additional request dated October !2, 1973 is now presented for Council direc-
· icrc. (Said communications wer~ r,~ad i~ fuji.)
By genera~ c~ns~nt~ ~ft~:: hoarding th~ letter read, the City Council
wa~ of ~hc opinion that condit i~,n? !tad ~t ~ufficiently changed to warrant re-
o~.:~iderat]o~ and no purpose w~Id !~ :~c~vccl b~ re~ch~duling said issue.
COMMENTS RELATIVE TO TIMING OF THE CHARTER AMENDMENT ELECTION (DIRECT ELECTION OF
THE MAYOR): Councilman Thom sunnnar:ized the discussion held on October 16, 1973
of the opinion presented that c!at.,' by Mr. Alan Watts, Acting City Attorney,
regarding tho requirements of !h~ Electi~ms 0,ode of the Stat~ of California
as they affect the petition Jniti:~t[vc r,_'.cently certified by the City Clerk.
In :,ffect, Mr. Watts felt tb~rc was scm,', ambiguity in the provisions of the
Elections Code regarding the tinning of the election. Insofar as the Elections
Code is administered by the ;ecrc, tarv of State, at the written request of Mr.
Bill Ehrle, Director of I.C.E.B.E.R.G., (a portion of said letter was read by
Councilman Thom) and subsequent :~> an art icl,. in the Anaheim Bulletin which
a]!eged that Mayor Dutton called for an investigation, Councilman Thom advised
'"~:;,'t he forwarded c~pies .'-~f ~r, Wat:t~' ?e~,orandum to Gerald Brown (Edmund G.
~r~wn, Jr.), Secretar'- of St:~t, ~f ~;aiifornia and also to Mr. Richard Maullin,
L~puty Secretary of State, in ,.rder to obtain their guidance and counsel re-
garding the timing of the election on the Charter Amendment.
' 3- ~390
:it~ Hall, Anaheim, California - COUNCIL MINUTES - October 2g. 1973, 1:30 P.M.
Councilman Thom reported that he was contacted verbally, (letter to
follow) by Mr. Robert Stern, Legal Counsel to the Secretary of State, who
advised that following research into the Elections Code, and discussion with
Legal Counsel for the California League of Cities, as well as the staff of the
legislator who authored the bill, Mr. Stern stated that they would not disagree
with Mr. Watts' opinion; i. e., if the City Council should determine that the
election should be held at the next General Municipal Election, it could so
determine, on the other hand if the Council is desirou~ of calling a Special
Election, it would have to call a Special Election within the time limitation
outlined in this memorandum.
Councilman Thom further referred to the discussion on October 16,
1973, noting there was raised a question at that time as to whether or not
proponents of the petition initiative desired a Special Election. In order to
clarify their intentions, Councilman Thom introduced Mr. Ehrle, Director of
I.C.E.B.E.R.G.
Mr. Ehrle, 2211 East Romneya Drive, presented a letter to the City
Council dated October 30, 1973, which indicated that the I.C.E.B.E.R.G. organiza-
tion has "always intended that the only proper time for this (Election on the
Charter Amendment) was concurrently with the General Anaheim Election on the
second Tuesday of April of 1974."
Mr. Ehrle thereupon presented I.C.E.B.E.R.G.'s position by reading
in full a prepared statement (complete statement on file in the Office of the
City Clerk) relative to comments attributed to Mayor Dutton, which are, according
to Mr. Ehrle, indicative of his disregard for public opinion and lack of a firm
political philosophy, as well as being hyprocritical. Further, Mr. Ehrle con-
tended that the Mayor, at a press meeting September 20, 1973, implied that he
wished Councilman Sneegas to become his appointed successor, which is an example
of "chicanery" and "cronyism." In addition, he related comments, which he stated
were published in the Anaheim Bulletin, to the effect that the Councilmen are in
a better position to decide who was mo~t qualified to be May~r. In Mr. Ehrle's
opinion, this statement demonstrates insolence and arrogance of the American
tradition of elected representative government.
Mr. Ehrle then remarked that Mr. Pebley's statement of October 16, 1973,
regarding a Special Election is indicative of Mr. Pebley's belief that $30,000.00
is not much money and he took exception to this remark, stating that the people
wish efficiency and accountability of their tax dollars.
Mr. Ehrle further remarked that the I.C.E.B.E.R.G. organization does
not appreciate the comments which he alleged Councilman Stephenson made at the
October 16, 1973 meeting regarding setting this Election on the Charter Amendment
off for eight years. This is, in Mr. Ehrle's opinion, an attempt to subvert the
efforts of the I.C.E.B.E.R.G. members.
Councilman Stephenson confronted Mr. Ehrle's allegation as to his making
a statement to the effect of putting off the Election on the Charter Amendment for
eight w~ar~, inquiring directly as tc~ the ~ource of Mr. Ehrle's information.
Mr. Ehrle replied that he heard this from a person who evidently was
in attendance at the October 16th Council meeting.
Councilman Stephenson stated that he made no such statement and again
asked Mr. Ehrle for the narae of the person who had given him this information.
tion.
Mr. Ehrte replied that he could not recall who had given him the informa-
Councilman Stephenson expresed the opinion that it was irresponsible
of Mr. Ehrle to make such a statement as if it were a fact, not having heard it
himself, and he wished to set the record straight, that he made no such remark.
Mr. Ehrle stated that if his statement was not correct, he apologized
to Coupcilman Stephenson.
73-891
~ity Hall, Anaheim~ California - COUNCIL MINUTES - October 30, 1973, 1:30 P.M.
Councilman Thom stated that he recalled a statement to this effect
and noted that the author of the statement should be evident on listening to
the tape of the meeting.
Councilman Pebley wished to clarify that he was not in favor of
spending money on a Special Election, as implied by Mr. Ehrle, but that his
remark on October 16th more accurately was to the effect that he would vote
with the majority of the Council, if they felt the Charter Amendment should
be decided at a Special Election.
Mr. Ehrle reiterated his position that four of the Councilmen are
against the Direct Election of the Mayor, but that the people have now man-
dated that this issue be placed on the ballot, and that he hoped that the
Council would not set this for a Special Election, thereby saving tax monies
for better purposes.
Councilman Stephenson advised Mr. Ehrle that he was making an issue
where none exists, that he did not think anyone of the Councilmen desired to
set the Charter Amendment for a Special Election, that the reason Mr. Watts'
opinion was sought and presented was to insure that the Council was following
the correct procedure as outlined in the Elections Code.
Mr. Ehrle stated that as the Director of I.C.E.B.E.R.G., under the
law, he felt that he could demand a Special Election.
Councilman Sneegas related that as a candidate for Councilman, he
believed some of the fallacious information which was extant, primarily because
it was heard repeatedly and because it was all that was being disseminated.
However, having had the opportunity to sit as a Councilman, and to observe for
himself what the facts really are, he stated he has now come to the conclusion
that he would rather not have this elected office if it means voting one way
in Executive Session and then, at open public meeting, reversing this position
to take the popular view so as to gain votes. He stressed that he has observed
three others on this Council to be consistently honest with themselves. He
stated that his personal integrity is one of the reasons he has voted as his
record indicates on the issues which come before the Council, because he felt
compelled to be honest with himself and to choose the course which is in the
best interests of Anaheim, rather than in his own best interests of obtaining
votes. He further stated that he envisions that his position as elected repre-
sentative of the people mandates that he consider the facts of the issues and
not the emotional overlay.
Councilman Sneegas indicated that the citizens with whom he has been
in contact, who are truly interested in City government, still concur with his
philosophies, that government should be run in a business-like manner so that
the place of the services is relevant to what is provided. They wish their tax
dollars spent in the most effective manner which sometimes entails further
investigation into a currently unpopular program or issue.
Councilman Sneegas stated that his position as far as Direct Election
of the Mayor is that this decision should be made by the electorate. However,
he admonished that he strongly feels that direct election of the Mayor is the
first step in the trend towards power politics, under which it is necessary to
raise large sums of money to enter political office. This is the system which
is disrupting government and creating problems throughout the country at this
time. He stressed that he is not accusing any Councilman of engaging in power
po!itics, but advised that he is personally convinced that this will be the
ultimate consequence. Further, s~.nce he does not feel that power politics
are in the best interests of the citizens of Anaheim, he is therefore opposed
to that element of the Direct Election of the Mayor Initiative.
Mr. Ehrle advised that during circulation of the petition initiative,
he received input from the citizens which would lead him to believe that Council-
man Sneegas should re-evaluate his position, particularly regarding a business
attitude toward individual homeowners' interests and towards Anaheim Hills.
Councilman Sneegas replied that he did not feel it is a matter of
looking at an issue as a business as much as what the choices for the City
3- ;92
.ity Hall, Anaheim, California - COUNCIL MINUTES - October Jr;, 1973, 1:30 P.M.
really are. He remarked that the dity government ~tc~uld go one of two ways;
they can be the type of government which rules over private property with dis-
regard for the individual property owner's rights; or the government can employ
a democratic form, which attempts to protect eve~r~one's rights and strives for
the best development possible. He stated that this exemplifies his views on
Anaheim Hills, to strive and work for the best development possible, because the
choice could have been that Mr. Nohl would have sold his property off one hundred
acres at a time, resulting in an unplanned profusion of development all over
the hill and canyon area.
Councilman Dutton stated that he has no argument with the petition
initiative, and the only investigation he called for was to insure that the
Council followed the correct legal procedure in setting the time for placement
of the Charter Amendment on the ballot, however, his statement was evidently mis-
interpreted and erroneously reported in the Anaheim Bulletin. He remarked that
he has publicly stated that he, as well as the other Council members, have never
had any intentions of spending taxpayers' money on a Special Election.
Councilman Dutton reiterated that he is one of the four members of the
Council who is a~ainst Direct Election of the Mayor because he, too, fears that
this will lead to power polities with a concentration of power in the office of
the Mayor; whereas, he prefers the present form of government because any three
of the Councilmen on any given Tuesday can discharge the current Mayor, or if
they wish to, they need not wait for the Council meeting, but could discharge
the Mayor on 24-hour notice.
Councilman Dutton related that the divisive political faction within the
City which advocates a strong Mayoral office, a Mayor having the ability to
select the City Manager, Police Chief, et¢.~ th~reby establishing a "spoils
system", was what motivated him to run originally for the City Council in 1958.
He stated he is still as opposed now to changing the form of city government and
noted that one of the provisions in the City Charter, which was approved by the
people, is that this body (City Council) every two years will select one of the
Councilmen to act as Mayor. He noted that Councilman Thom has repeatedly refused
to abide by this Charter, because it does not fit into his political philosophy.
Councilman Thom contended that it has always been his opinion that a
decision on Mayoral leadership should rest in the hands of the people.
RECESS - EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session.
Councilman Stephenson seconded the motion. MOTION CARRIED. (4:45 P.M.)
AFTER RECESS: Mayor Dutton called the meeting to order, all Councilmen being present.
(5:00 P.M.).
CONCESSIONAIRE - ANAHEIM HILLS GOLF COURSE CLUBHOUSE: Mr. Lloyd Trapp reported on
the terms and conditions of the proposal with the recommended concessionaire for
the Anaheim Hills Golf Course Clubhouse, Mr. Ray Yates, that the minimum monthly
payment would be $550.00 or 8½ percent of gross receipts from the food concession
and bar operations, whichever is greater. In addition, the concessionaire assumes
80 percent of the utility costs. The proposed contract will have a five-year
term and option for additional five years.
On motion by Councilman Pebley, seconded by Councilman Stephenson, the
City Council authorized negotiations with Ray Yates and preparation of a con-
tract, naming him concessionaire at the Anaheim Hills Golf Course Clubhouse, on
terms and conditions as described. MOTION CARRIED.
ADJOURNMENT: Councilman Sneegas moved to adjourn. Councilman Stephenson seconded the
motion. MOTION CARRIED.
Adjourned: 5:05 P.M.
' -x City Clerk