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1980/01/0280-1 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1980, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt SUPERINTENDENT OF RECREATION: Jack Kudron ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Mitch Garcia, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unan- imously adopted by the City Council to be presented to the Anaheim Rotary Club for their 59 years of service to the citizens of the community. MINUTES: Approval of minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution in regular order. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $489,783.97, in accordance with the 1979-80 Budget, were approved. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Bay seconded the motion. MOTION CARRIED. (1:38 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (2:10 P.M.) 129: APPOINTMENT OF NEW CITY FIRE CHIEF: Councilman Seymour moved to appoint Mr. Bob D. Simpson as Anaheim's new Fire Chief, effective February 4, 1980. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Seymour offered Resolution No. 8OR-1 for adoption, adjusting the salary schedule for Fire Chief from Schedule X2304 to Schedule X2250 ($3208.40 to $~900 per month). Refer to Resolution Book. 80-2 80-2 City Hali~ Anaheim, California - COUNCIL MINUTES - January 2, 1980, 1:30 P.M. 153: RESOLUTION NO. 80R-l: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING THE RATE OF COMPENSATION FOR FIRE CHIEF, AND AMENDING RESOLUTION NO. 79R-338. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-1 duly passed and adopted. Mayor Seymour then introduced Mr. Simpson. Mr. Bob D. Simpson stated that he was delighted about two things: (1) that they had exhibited confidence and trust in him to appoint him the City's new Fire Chief. They could rest assured that he would work hard to verify that trust. (2) He was relieved that the examination process was over since he had never been more carefully examined or investigated. 128: MONTHLY FINANCIAL STATEMENT - FIVE MONTHS ENDED NOVEMBER 30, 1979: Council- man Overholt moved to receive and file the Monthly Financial Statement for the five months ended November 30, 1979, as recommended in memorandum dated December 26, 1979 from Director of Finance George Ferrone. Councilman Bay seconded the motion. Before a vote was taken, Mayor Seymour noted that the operating expenses of the Utilities Department was 71.4% over budget. He would expect that in Purchased Power, but not Operating Expenses, and asked why that was so. City Manager William Talley stated he asked the same question and on those Control Centers, a report was expected from Utilities; however, because of the extensive time required to prepare the Water Bond Statements for the forthcoming Water Bond Sale, as well as the final 78-79 year-end financial report which they were working on with Price-Waterhouse, Utilities indicated they would not be able to get the information for another couple of weeks. When it was submitted, he would ask the Director of Finance to send it to the Council. A vote was then taken on the foregoing motion. MOTION CARRIED. 175: AMENDMENT TO SECTION 1210 OF THE CITY CHARTER--REVENUE BONDS AND INTENT TO ESTABLISH A FUTURE DATE FOR AN ELECTION ON THE INTERMOUNTAIN POWER PROJECT: Placing a proposed amendment to Section 1210 of the City Charter regarding Revenue Bonds on the April 8, 1980 Municipal Election Ballot, was submitted. Expressing an intent to establish a future date for an election on the Inter- mountain Power Project (IPP), was also submitted. Public Utilities General Manager Gordon Hoyt first briefed the Council on his memorandum dated December 21, 1979 (on file in the City Clerk's office) relative to the proposed amendment to Section 1210 of the City Charter regarding Revenue 80 -3 City Hall., Anaheim, California - COUNCIL MINUTES - January 2~ 1980~ 1:30 P.M. Bonds on the April 8, 1980 Municipal Election ballot. He further explained that there were two parts to the proposed amendment and the reason for the separate ballot issues was to make it clear that there were two parts. The first dealt with the authorization to refund bonds already issued pursuant to a vote of the Electorate. Bond Counsel informed him that without clarifying language, he did not believe they could call any of the bonds out, when they all had call features. The second proposed amendment would permit the issuance of bond anticipation notes which he further explained. In concluding, he stated that it was another way of dealing with bonds already authorized by the vote of the electorate and in each case the purpose was to save money. Councilman Roth asked if a June Election could be held as previously discussed, what the cost factor would be relative to today's numbers. Mr. Hoyt answered that he did not think there would be any change at all. Time was not crucial and they did not anticipate now issuing bond anticipation notes or doing any refunding in the immediate future. Relative to the Intermountain Power Project (IPP) since the last meeting, he had spoken with other representatives on the IPP Board, investment bankers, etc. and he was convinced that the project would not issue short-term notes nor long-term securities. The earliest possible date would be late Fall or the latter part of 1980. On the first issuance of the bonds, it was very important that they receive good acceptance by the market. He did not believe whether they held an election on April 8 or June 3rd, that it would affect the project costs. In essence, the answer to Councilman Roth's question was that he did not feel there would be any difference in cost to IPP, Anaheim or the participants whether the election was held in April or June. The partners wanted to have the election held as quickly as possible since Anaheim's was the only election to be held. It could be a pacing item in the event the election failed, because they would have to go back to their City Council's and pick up Anaheim's share. Councilwoman Kaywood asked if after, "... except bonds authorized for the purpose of refunding any indebtedness..." (Section 1210--Revenue Bonds), could anything be inserted such as, "... for the purpose of refunding for potential savings or potential long-term savings...". Mr. Hoyt stated the problem with doing so lay in the fact that there could be a possibility of challenge on the grounds they might want to refund an issue in order to reduce coverage. If there was a challenge and they wanted to move quickly, they could only proceed at the pace of the courts. Councilwoman Kaywood suggested that it would then be better as part of the explanation, rather than a change; Mr. Hoyt agreed. Mr. Hoyt then answered questions posed by the Council for purposes of clarif- ication. He also read the two ballot questions as proposed. 80-4 80-4 City Hall, Anaheim, California - COUNCIL MINUTES - January 2~ 1980, 1:30 P.M. City Attorney William Hopkins then explained that they were preparing a revised resolution somewhat different than the one before the Council. The second portion would have some modifications as far as the proposed wording. They had consulted with the Secretary of State's Office that morning, and it was recom- mended that they have two separate ballot measures since it would be clearer to the voters. It would not involve two separate resolutions, but the revised resolution would contain two separate questions to be placed on the ballot. Councilman Bay stated that the only urgency was if the Council wanted to place the questions on the April ballot. If not, that same urgency did not exist; Mr. Hoyt stated that was correct. Councilman Bay then surmised if they chose to put the two amendments on the ballot and chose to do so in June, they could continue the entire matter until the next week or the week after until the resolution had been rewritten; Mr. Hoyt stated that the language had been checked by Bond Counsel. Mayor Seymour asked, relative to the proposed amendments, Section 1210, why was the language excluded that might have said something like, "except bonds authorized at a lessor rate for the purpose of refunding," etc. Mr. Hoyt answered that they might be able to save money by issuing bonds, not at lower rate, and he explained how that could be done. It was possible to refund at a lower cost to the people even though the refunding bonds might carry a higher coupon rate. The Mayor asked if he was correct in the understanding that if the amendment was approved by the voters, the Council would be empowered to go to the market again for an additional amount; Mr. Hoyt answered, "no", but merely to replace what was out and not for new bonds. He also explained that it was necessary to make good on the contract with the bondholder so it was necessary to pay off the principal and interest unless the bonds were called. If called, they could be subject to a premium; therefore, it was necessary to have enough money in the refunding issue to pay the cost of any premiums, outstanding principals, and any remaining interests. He further explained for the Mayor what could be done with the money and that the bond resolution would list what investments were authorized. In the final analysis, it did not do anything in terms of a standing bond, other than give the City Council the ability to issue refunding bonds if they wanted to do so. Mayor Seymour then asked, referring to the point Councilwoman Kaywood raised, if the only circumstance under which the Council would issue refunding bonds was when they could save their constituents some money, he did not know why they could not say that. Mr. Hoyt repeated that, in his opinion, the problem would be establishing that against a challenge. Mr. Talley suggested that perhaps they could say, "where in Bond Counsel's opinion that savings would accrue to the City or the Utility." 80-5 City ~.11~ Anaheim~ California - COUNCIL MINUTES - January 2~ 1980~ 1:30 P.M. At the time of the refunding issue, they would then have the new rates and the investments and thus would be able to make a decision before accepting the bid. Mr. Hoyt suggested without actually saying it, they could include an opinion stating, "When in the opinion of the City Council, it is a good thing to do". Mayor Seymour expressed his concern that too many ballot questions said one thing when they meant another. He reiterated, if the intent was only to empower the City Council to issue refunding bonds when capable of saving the taxpayers money, then they should say so in one form or another. City Attorney Hopkins stated that he would like to review the matter with Bond Counsel before making it final. However, if the language were changed right after the word "refunding" to, "...except bonds authorized for the purpose of refunding on a basis more favorable to the City, any indebtedness..." that would give the essence of what the Mayor was requesting. Councilman Bay suggested that the matter be continued one week; Councilwoman Kaywood stated if it was going to be on the April ballot, it could not be con- tinued. Councilman Bay then suggested that it be placed on the June ballot and also asked if anyone would be opposed to doing so. Mayor Seymour questioned if there was any reason why it could not go on the June ballot. If they wanted a lower voter turnout, they would get one in April rather than June. He saw no reason to rush to judgment. Councilwoman Kaywood asked if his only reason was due to the fact that today was the deadline for the April ballot; Mayor Seymour stated the reason was because they had not seen what they were going to be voting on and not having an oppor- tunity to check it with Bond Counsel. Councilman Overholt stated it would be his guess that Bond Counsel would raise a question about the additional language, and he would be personally opposed to passing a resolution including that language. He felt it would beg litigation. Mr. Hopkins stated there could be a question of litigation. He also noted that the City Clerk was checking to see if the matter could be continued another week. City Clerk Linda Roberts stated that it could be continued one more week, but beyond that time it would not be placed on the April ballot. MOTION: Councilman Bay moved to continue placing the proposed amendment to Section 1210 of the City Charter regarding Revenue Bonds on the April 8, 1980 Municipal Election ballot for one week. Before any action was taken, Councilman Overholt asked that they look at the language on the anticipation notes specifically, because it did not seem to come through too clearly as far as he was concerned. Mayor Seymour stated he was personally opposed to placing the question on the April ballot, because they would get a higher voter turnout in June. Since it appeared that they intended to take the IPP question to the June ballot, what 8o-6 80-6 City Hall~ Ana.h~im~ California - COUNCIL MINUTES - January 2~ 1980~ 1:30 they needed to do on the proposed Charter amendment and the IPP question, was to hold a series of meetings to intelligently and diligently put proper language together and to raise any other questions or concerns in those meetings, in concert with the Public Utilities Board (PUB), Bond Counsel and all the expertise that Mr. Hoyt brought into the IPP. To move ahead into issues that had very long-term implications and impact on Anaheim citizens without such a public process was not appropriate. He suggested that they consider such a series of meetings, assuming they were going for the June ballot. City Clerk Roberts clarified for Councilman Bay that the deadline for submittal on the June ballot was towards the end of March. Councilwoman Kaywood stated that the series of meetings was an excellent idea, but wondered why those could not be held for an April election as well. Mayor Seymour stated that they would then be considering placing the questions on the ballot when they did not even have the ballot wording properly constructed. After further discussion between the Mayor and Councilwoman Kaywood, Councilman Overholt asked if they could act on the proposed Charter amendment and then move on to the IPP question. Councilwoman Kaywood thereupon seconded Councilman Bay's motion to continue the proposed amendment to Section 1210 of the City Charter for one week. Before a vote was taken, Mayor Seymour stated he considered the two items, the Charter amendment and the IPP, as being interrelated, both having to do with Utilities. Councilman Bay stated his motion to continue was due to the fact that he felt the Charter amendment was very close and they could have the final wording on that by the next week in order to finalize it. If they were going to take the Mayor's suggestion and have joint meetings, which he agreed with, then there was no need to set up a one-week continuance, but perhaps they should consider a plan as to how they wanted to handle the discussions on both items. Councilman Overholt felt that the proposed Charter amendment appeared to be remedial. He did not see that and the IPP as being interdependent or related in any way. Councilman Bay agreed especially having been on the Charter Review Committee where the Charter amendment was discussed. The I?P project needed a great deal more discussion. Staff then confirmed that the Charter amendment could be continued one week and still be placed on the April ballot if Council wished. Councilman Bay thereupon stated that he would hold to his motion for a one-week continuance on the proposed Charter amendment. 80-7 City Hall, Anaheim, California - COUNCIL MINUTES - January 2, 1980, 1:30 P.M. Mayor Seymour stated he was going to vote against the motion for reasons already stated; Councilman Overholt stated he was going to support it because it was a housecleaning matter, while the IPP was a major issue. He did not feel it was necessary that both items be on the same ballot. Mayor Seymour reiterated, the June election would turn out better than twice the number of voters than the April election if they were interested in getting the proper response from their constituents and also, it did not make any difference to the Utilities. Councilman Roth stated he had a problem in separating the two items, one in April and one in June. Both issues should be together at one time, either on the April or the June ballot. Councilwoman Kaywood stated as long as they had one week to get the issue on the April ballot, they should not cut off their opportunities. A vote was then taken on the foregoing motion. Councilman Seymour voted "no". MOTION CARRIED. MOTION: Councilman seYmour moved to direct the City Manager and Utilities General Manager to set up a.series of Thursday evening meetings jointly with the Public Utilities Board for the purpose of discussing and becoming informed relative to the question of the IPP, with the intent of holding a June election, and further, that the public be encouraged to attend. Councilman Bay seconded the motion. Before a vote was taken, Councilwoman Kaywood asked that he remove the intent of the June election, and she would support the motion. It would then still leave the option of an April election. Mayor SeYmour asked how they could hold any public hearings and still have an April election; Councilwoman Kaywood answered that they could hold the public hearings in the interim. Councilman Seymour questioned putting the matter on the ballot first and then holding public hearings. Councilwoman Kaywood asked if there was now a question as to whether or not the Mayor was going to support the issue. Mayor Seymour stated that he had said all along, having seen for himself the economics of the question, he would not only support it, but also would lead the charge for its passage. Until he saw that, he would not do so. Councilwoman Kaywood recalled that the PUB voted five to two to not even hold an election. She then asked if it was his feeling it would not become an election issue if it was placed on the April ballot. Mayor Seymour emphasized that his main purpose was to seek a higher turnout as well as the reasoning that there was not enough time between now and April to have an adequate public hearing process as suggested by Councilman Overholt. 80-7 80-8 City Hall, Anaheim, California - COUNCIL MINUTES - January 2~ 1980, 1:30 P.M. Further Council discussion followed with Mr. Hoyt relative to the timing of the public hearings. Mayor Seymour stated he would hope for a minimum of two, perhaps up to four, between now and the end of March leading up to the late March deadline for placing the questions on the June ballot. Councilwoman Kaywood stated she was favoring an April election; Mayor Seymour then suggested that she vote "no" on the question. Councilwoman Kaywood stated, to her, the most important election to the citizmns of the City was the election of people to represent them. If they did not consider that important, she did not know how to get the message through. Perhaps they needed an issue, and it might be that the Utilities issue would bring that greater turnout. A vote was then taken on the foregoing motion. MOTION CARRIED. 123: VISA/MASTER CHARGE ACCOUNT - RECREATION DIVISION: Mr. Jack Kudron, Super- intendent of Recreation, clarified questions posed by Councilmen Roth and Bay relative to the subject proposed plan. Councilwoman Kaywood offered Resolution No. 80R-2 and 80R-3 for adoption as rec- ommended in memorandum dated December 27, 1979 fro~ the Deputy City Manager James Ruth, the first authorizing a Bank Card Governmental Agency Agreement with the Bank of America to allow the Recreation Division program participants to pay registration fees through Visa or Master Charge cards, and the second authorizing the creation of a Visa-Master Charge credit card account and designating the Mayor and Finance Director to sign all authorized warrants, drafts and checks to be drawn against this account. Refer to Resolution Book. RESOLUTION NO. 80R-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A BANK CARD GOVERNMENTAL AGENCY AGREEMENT WITH BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION AND AUTHORIZING AND DIRECTING THE MAYOR AND FINANCE DIRECTOR TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 80R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CREATION OF A VISA-MASTER CHARGE CREDIT CARD ACCOUNT AND DES- IGNATING THE MAYOR AND THE FINANCE DIRECTOR OF THE CITY OF ANAHEIM TO SIGN ALL AUTHORIZED WARRANTS, DRAFTS AND CHECKS TO BE DRAWN AGAINST THIS ACCOUNT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-2 and 80R-3 duly passed and adopted. 139/179: RESIDENTIAL CARE FACILITIES - REINSTATING LOCAL CONTROL: Councilman Seymour offered Resolution No. 80R-4 for adoption, requesting action by the State Legislature to restore the original language of specific sections of the State Health and Safety Code and Welfare and Institutions Code in regard to local authority in the establishment of residential care facilities. Refer to Resolution Book. 80-9 City Ha!l,. A~aheim, California - COUNCIL MINUTES - January 2, !980, 1:30 P.M. RESOLUTION NO. 80R-4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING ACTION BY THE STATE LEGISLATURE TO RESTORE THE ORIGINAL LANGUAGE OF SPECIFIC SECTIONS OF THE STATE HEALTH AND SAFETY CODE AND WELFARE AND INSTITU- TIONS CODE IN REGARD TO LOCAL AUTHORITY IN THE ESTABLISHMENT OF RESIDENTIAL CARE FACILITIES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-4 duly passed and adopted. 142/108: ORDINANCE NO. 4092 - AMUSEMENT CENTERS NEAR SCHOOLS: City Attorney William Hopkins briefed the Council on the proposed ordinance, pointing out that it contained a waiver provision should the City Council wish to exercise same. Councilman Roth offered Ordinance No. 4092 for first reading. ORDINANCE NO. 4092: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 3.24.010 OF CHAPTER 3.24, TITLE 3, OF THE ANAHEIM MUNICIPAL CODE RELATING TO AMUSEMENT DEVICES. Councilman Overholt questioned the language, "...and upon approval of the governing board of the affected school district." He felt that could be cumbersome because they would have to plan with the calendar of the school board involved. If they eliminated it altogether and remained sensitive to the school's problems, he would not be uncomfortable with that. Councilman Bay stated he was in favor of the language if the applicant had to go to the School Board. He did not see where there would be that much urgency involved. Councilman Overholt stated he would be opposed to that, but would be satisfied with the wording, "Chief Executive Officer" of the particular School District. Councilman Bay felt they had opened the door enough as it was, and if they held it to the way the proposed ordinance was written, .they would be able to keep the controls in force. Councilman Overholt suggested that they could say, "on approval by the affected school district." If they let the Superintendent sign it, that would be good enough. Councilman Roth amended his offering to include, "upon approval of the affected school district" (change from "upon approval of the governing board of the affected school." PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2039 AND NEGATIVE DECLARATION: Ap- plication by Kenny Golf Enterprises, Inc. to permit a water slide on RS-A-43,000 zoned property located at 3200 Carpenter Avenue (Camelot Miniature Golf Course). 80-10 80-10 City Hal!~' Anaheim, California - COUNCIL MINUTES - January 2, 1980, 1:30 P.M. Counsel for the petitioner requested a continuance of consideration of the subject CUP until April 15, 1980, 3:00 P.M. Councilwoman,Kaywood moved to approve the requested continuance to April 15, 1980 at 3:00 p.m. Councilman Seymour seconded the motion. Before a vote was taken, Councilman Bay questioned if a three and one-half month delay was usual in continuing a public hearing; Miss Santalahti answered that they typically did not receive requests for that long a continuance. She noted, however, the petitioners were present and could answer any questions. Mr. Fred Kenny, representing Kenny Golf Enterprises, 3200 Carpenter, stated that there were a couple of reasons for requesting the long continuance. In the Planning Commission meeting, a few of the neighbors expressed some problems and they wanted to take a better look at those problems. They had to do with people cutting through their neighbor's property in order to patronize their miniature golf course or the Anaheim Recreation Center. They wanted to find ways to solve those problems. The reason that they were initially in a rush to submit their petition was due to the fact that a water slide was seasonal, and they wanted to have it ready by the Summer. However, they needed more time to look into it further and present it properly. They had shifted their priorities to another water slide they would be building and thus, it was not as urgent as before. They did not want to withdraw and resubmit the petition because they would have to go to the Planning Commission again. Mr. Kenny then clarified for Councilman Roth that they did anticipate submitting the revised plans to the Chamber of Commerce Industrial Division, and they had talked to Mr. Larry Sierk, who mentioned there was a liaison committee presently looking into the Northeast Industrial area. He also confirmed that they originally did oppose the Anaheim Recreation Center. A vote was then taken on the foregoing motion. MOTION CARRIED. 127: GENERAL MUNICIPAL ELECTION - APRIL 8, 1980: Councilwoman Kaywood offered Resolution Nos. 80R-5 through 80R-8, both inclusive, for adoption. Refer to Resolution Book. RESOLTION NO. 80R-5: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER. RESOLUTION NO. 80R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. RESOLUTION NO. 80R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. 80-11 City Hall~ ~n~heim, California - COUNCIL MINUTES - January 2~ 1980~ 1:30 P.M. RESOLUTION NO. 80R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 1980, TO BE MADE BY THE CITY CLERK. Before a vote was taken, Councilwoman Kaywood asked relative to the Spanish translation, which was at the City's expense, if there was any way they could require the State to reimburse those costs. City Clerk Roberts answered that the matter had been researched and as far as she was aware, the individual cities had to bear that cost. Councilwoman Kaywood asked if under SB 90, localities were permitted to sue the State for reimbursement. Mrs. Roberts answered they could, but the Federal Voting Rights Act also had to be considered which required bilingual materials. Councilwoman Kaywood stated as long as they were requiring it.and the City had to pay for it, everybody should be aware of that situation because the City had no control over it. A vote was then taken on the foregoing resolutions. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 80R-5 through 80R-8, both inclusive, duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Cormmunity Services Board--Minutes of November 8, 1979. b. 140: Anaheim Public Library--Monthly reports for October and November 1979. c. 105: Public Utilities Board--Minutes of December 6, 1979 (unapproved) and December 20, 1979. d. 105: Anaheim Youth Commission--Minutes of December 12, 1979. 2. TENTATIVE TRACT NO. 10940: Submitted by Baldwin Company LTD, to establish a proposed 48-1ot, RS-5000(SC) zoned subdivision on RS-HS-43,000(SC) zoned property located south of Nohl Ranch Road and west of the westerly terminus of Ridge View Road. 80-12 80-12 City Hall~ Anahe.im~ California - COUNCIL MINUTES - ~n.uary 2.,,.%989, 1;30 P.M. The City Planning Commission approved Tentative Tract No. 10940 and had previously- approved Environmental Impact Report No. 166. MOTION CARRIED. 142/156: ORDINANCE NO. 4089: Councilman Seymour offered Ordinance No. 4089 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4089: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING ANEW CHAPTER 7.44 TO TITLE 7 OF THE ANAHEIM MUNCIPAL CODE PERTAINING TO GRAFFITI. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4089 duly passed and adopted. 142/108: ORDINANCE NO. 4090: Councilwoman Kaywood offered Ordinance No. 4090 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4090: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.53 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING OTHER RELATED CHANGES RELATING TO CARNIVALS AND CIRCUSES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4090 duly passed and adopted. 142/172: ORDINANCE NO. 4091: Councilman Bay offered Ordinance No. 4091 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4091: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 14.40.010, 14.40.020, 14.40.030, 14.40.050, 14.40.060, 14.40.070, AND 14.40.080 OF CHAPTER 14.40, TITLE 14 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 14.40.010, 14.40.020, 14.40.030, 14.40.0~0, 14.40.060, 14.40.070, 14.40.080 AND 14.40.070 IN THEIR PLACE AND STEAD PERTAINING TO SPEED LIMITS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4091 duly passed and adopted. 80-13 city Hall,..Anaheim, California - COUNCIL MINUTES - January 2, 1980, 1:30 P.M. 114/156: NEWSPAPER ARTICLE - STATEMENTS MADE BY AMIN DAVID REGARDING POLICE CHIEF: Councilman Overholt referred to the morning Los Angeles Times news- paper article (January 2, 1980) regarding Chief Tielsch. It was his belief that Anaheim Police Chief George Tielsch had done an outstanding job for the City in the time he had been employed in all respects, contrary to some of the statements made by Planning Commissioner Amin David, who seemed to delight in attacking the Chief. He wished that Mr. David would become positive about the City, instead of negative. He (Overholt) felt that Chief Tielsch had made real advancement in developing lines of cormmunication with the minority interests of the City. He personally attended one of the earlier meetings of the Police/community Relations Committee and observed members of the group. Mr. David seemed to align himself with trying to disrupt that meeting of citizens who were trying to promote communications between the Police Department and the citizens of the community. The Police Chief had come out strongly on issues defending himself, and it was appropriate for him to do so when he was attacked by groups without warrant. He noted that former Mayor Bill Thom was another man quoted, and he wanted to invite Mr. David and Mr. Thom to "tell it like it is". It was his understanding that Chief Tielsch had ongoing dialogue with the people who criticized him in the past and that they were assisting the Police Department with certain current problems and the Police Department, in turn, was receptive to their suggestions. He felt it a shame that those people did not put their shoulders to the wheel and work for the betterment of the City. If Mr. David was listening, he would appreciate it if he would give serious thought to accepting the challenge of being positive about Anaheim just as he was on the Planning Commission, rather than always using the fact that he was a Planning Commissioner to give him credibility and status to attack the City's Police Chief. 114: SISTER CITY DINNER: Councilwoman Kaywood reported on her attendance at the Sister City (Mito, Japan) Dinner held Sunday, December 30, 1979 where Mayor Wada of Mito was made an honorary citizen of Anaheim. 114: ORDINANCE RELATING TO PROHIBITION OF SIGNS ON PUBLIC PROPERTY: Councilman Roth referred to the San Francisco ordinance relating to the prohibition of signs on public property and private utility property, a copy of which had been dis- tributed to the Council by the City Attorney. He thereupon read from the provisions of that ordinance relating to prohibitions and penalties. He asked that the Council review the ordinance which covered not only campaign activity signs, but also the spray painting of properties to see how applicable it would be to Anaheim. Mayor Seymour asked that the matter be placed on the agenda for next week, January 8, 1980, for consideration by the Council. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. Adjourned: 3:45 P.M. LINDA D. ROBERTS, CITY CLERK