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1979/03/0679-257 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 6, 1979~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour (entered 1:35) COUNCIL MEMBERS: Overholt ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl FIRE CHIEF: James W. Riley CITY ENGINEER: William G. Devitt HUMAN RESOURCES DEPARTMENT DIRECTOR: Garry McRae TRAFFIC ENGINEER: Paul Singer ASSISTANT PLANNER: Pam Lucado PLANNING DIRECTOR: Ronald L. Thompson ASST. DIRECTOR FOR ZONING: Annika Santalahti Mayor Pro Tem Kaywood called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend G. Paul Keller, Retired Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was adopted by the City Council and presented to Officer Alvin Neighbours for his performance in the International Police Olympics in San Diego on August 8, 1978 where he finished first in super heavyweight lifting competition, winning the international gold medal. Mayor Seymour entered the Council chamber. (1:35 P.M.) 119: RESOLUTION OF COMMENDATION: A resolution of commendation was adopted by the City Council and presented to Fire Chief James Riley commending the Anaheim Fire Department for their quick and professional action in averting a major tragedy in combating a fire in the pre-dawn hours of Sunday, March 4, 1979 in the 200 block of East Lincoln Avenue. The Mayor explained that the resolution was for service that the Council considered above and beyond the normal call of duty and such resolutions were not prepared nor presented as a matter of course but rather where the Council had perceived or where it had been brought to their attention that exemplary service was provided by City employees. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and unanimously authorized by the City Council: "Arbor Day In Anaheim" - March 7, 1979 Mr. Enomoto accepted the proclamation and also invited the Council and citizens to witness the planting of a 36" box magnolia tree by the Orange County Chapter of the California Association of Nurserymen at Anaheim Stadium on Wednesday, March 7, 1979 at 10:00 A.M. in honor of the Los Angeles Rams coming to Orange County in 1980. 79-258 City Hall, Anaheim, California - COUNCIL MINUTES - March 6, 1979, 1:30 P.M. 154: PRESENTATION - REPORT ON THE ACTIVITIES OF THE ANAHEIM ECONOMIC DEVELOPMENT CORPORATION: Mr. John Flocken, 1320 S. Hacienda, speaking as President of the Anaheim Economic Development Corporation (AEDC) and on behalf of the Board of Directors reported that the organization of the AEDC had been completed and it was now incorporated under the laws of the State of California. The corporation would coordinate the economic development efforts of the public and private sector for the purpose of improving the economic, social, environmental and aesthetic conditions of the City. The Board established five major goals in order to fulfill the purposes of the corporation as well as a series of specific objectives to achieve each goal. An outline of the goals was contained in the data submitted to the Council. He continued that the Corporation was now ready to enter into a contract with the City to meet those goals and objectives. They had reviewed the proposed contract with the City Attorney's office and were now submitting it to the Council for adoption. The contract was designed to cover the expenses of the Corporation as detailed in their proposed budget. Three budgets were submitted: an operating budget of $19,614.00 for the balance of fiscal 1979 through June 30; an operating budget of $126,900.00 for fiscal 1980, and the third, a capital budget, totaling $11,000 to cover nonrecurring start-up expenses. The books of the Corporation would be maintained in the same fashion and using the same general accounting practices used by the City to facilitate the examination of the Corporation's books. They would be open to the City and the public at large at all times. Every attempt was made to parallel the format used by the City in order to facilitate a critiqe of the performance of the Corporation. On behalf of the Board, Mr. Flocken requested approval of the contract as an investment to insure full economic development of the City. He reported that the Board was totally committed to getting the City an optimum return on its investment. Councilman Roth moved to accept the report and recommendation of the AEDC. Assistant City Manager William T. Hopkins stated that they had just received the documentation the past week and it was staff recommendation that they be given an opportunity to work out the funding sources. They appreciated the extensive work that had been accomplished by the Corporation in setting up the objective and a proforma statement as to what the cost would be to accomplish those objectives. Mr. Norm Priest, Executive Director of Community Development was the interface with the Corporation and he (Hopkins) believed it would be advisable for Mr. Priest and Mr. Flocken to get together along with CETA Program where some of the funding might potentially be derived. Subsequently they would come back to.the Council with a budgetary recommendation to conclude the arrangements that were being suggested to the Council today. Councilman Roth stated the intent of the motion was only to accept the report and recommendation of the AEDC and then to have staff come back with recommendations at a later time. The Mayor stated he would be happy to second the motion but considered it super- fluous because the Council already passed a motion that stated they were in support of an Economic Development Corporation. The concept and the authority embodied in that motion was for them to proceed to do what had been done as expressed by Mr. Flocken. 79-259 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6, 1979~ 1:30 P.M. Councilman Roth's motion died for lack of a second. Mr. Flocken stated that two documents were involved, the contract and the proposed budget to be funded by that contract. Relative to the budget, the Blue Ribbon Committee studied the feasibility and came up with the proposed budgets. The Corporation used those initially and then independently developed another budget and surprisingly they were all within the ball park. The only change involved $25,000 in the fiscal 1980 budget for advertising which was a proviso that it might not be used. Basically, the $160,000 was almost right on target with what they had been talking about at the outset. He had spoken previously with Mr. Priest and they had provided for funding heretofor in the budget for the balance of fiscal 1979. The budget for 1980 would be secondary to 1979 and they were stymied at this point until the next step which is to bring a paid coordinator on board. He suggested a meeting as quickly as possible to determine the actual source of funds at least for the 1979 portion. The Mayor agreed with Mr. Flocken, but noted that staff had not had time to review the funding sources, especially since they were in the process of putting together the 1979-80 budget. He also suggested that the original Liaison Committee (Councilman Kott and Councilman Seymour) be part of that process and that a meeting time be set up the first part of the following week with them as well as any other members Mr. Priest felt appropriate. They could not only review the budget, but also finalize the contract and bring it back to the Council next Tuesday if that was possible; Assistant City Manager Hopkins suggested the Tuesday following. The Mayor was agreeable to that continuation. A brief discussion followed between the Mayor, Councilman Roth, Mr. Flocken and Mr. Hopkins revolving around how the original budget for the AEDC was derived and the events leading up to the formation of the Corporation. At the conclusion of discussion, Councilwoman Kaywood referred to the By-laws, Page 6, Section C, Removal, Resignation and Vacancies. "...the Board shall fill any vacancy by reason of death, resignation, removal, disqualification to serve or other cause." She wanted to know if the appointment would than revert to whoever made the appointment, the Council or the Chamber. Mr. Flocken stated it would revert to the entity who made the appointment. If an appointee of the Chamber was involved, it would go to the Chamber, and the same would be true of a Council appointee. That was clearly spelled out in another portion of the By-laws, Section C, Page 2 and 3. Councilwoman Kaywood was of the opinion that in order to avoid confusion it would be well to add on Page 6, "...in accordance with Section C on Page 3." Mr. Flocken stated since the By-laws had been accepted by the Corporation Commissioner and were now valid and in effect, the Board of Directors had the power to change the By-laws and he would take that recommendation to the Board. Councilman Kott asked if there was some federal funding the City was dependant upon to fund the Corporation and was advised that these come from the Skilled Training Improvement Program, funds under CETA and the amount was in the vicinity of $80,000. 79-260 City Hall, Anaheim, California - COUNCIL MINUTES - March 6, 1979~ 1:30 P.M. Councilman Kott stated that at the up-coming meeting that information should be provided and also the motion where the decision was made to have an Economic Development Corporation. He wanted to know if it depended upon receiving CETA funds and he suggested it would also be appropriate to have the minutes of that meeting for review. He also asked the City Attorney if he had reviewed the documents submitted by the AEDC with Mr. Flocken and found them to be in order? City Attorney William P. Hopkins stated that he did review the documentation and worked with Mr. Flocken in their preparation thus he did approve of them. Councilwoman Kaywood asked that relative to the goal end objective had the Corporation taken a position regarding the industrial areas of Anaheim as to whether they should be kept strictly industrial or to allow commercial uses. Mr. Flocken stated that they had not done so because it would have been premature for the Board to take such action. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held November 21, 1978 and November 28, 1978 and adjourned regular meeting of November 30, 1978 as well as the minutes of regular meeting held November 7, 1978 and January 9, 1979 with the following corrections which were submitted the previous week: November 7, 1978-Page 78- , creating a new third paragraph from the bottom, "Mayor Seymour asked if she would than vote in support of the Resolution, and she agreed." January 9, 1979-Page 79- , third paragraph from bottom, "Council- woman Kaywood stated at the joint meeting of the Golf Course Advisory Commission that the Council vote had been three-to-one to sell while she favored leasing for an additional five years in order to see what the City might then do. However, she did not object to the proposed sale and she considered the amount to be quite substantial. Coupled with the reversionary clause, she no longer had the same concern." Councilman Seymour seconded the motion. Councilman Overholt was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. Council- man Overholt was absent. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $316,517.00, in accordance with the 1978-79 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized as recommended: a. 160: Bid No. 3505 - Marbelite Standards and Mast Arms - Award to Qualified Electric, $16,877.21 for Items 1 and 2, and to General Electric Supply Company, $4,918.40 for Item 3. b. 115: Authorized the substitution of Custom Wood Contractors, Inc. for the listed subcontractor Lincoln Wood Products, Inc. on the Anaheim Civic Center project, as requested by Del E. Webb. 79-261 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. c. 177: Authorized the execution of a letter of endorsement for an application for funds for an additional 381 units of Section 8 "existing" housing. Councilman Overholt was absent. MOTION CARRIED. 158: ACQUISITION OF A PORTION OF A FIRE STATION SITE - ALRO WAY AND MANCHESTER AVENUE: Councilman Kott questioned what would happen to the fire station in the event of the proposed acquisition by the State. City Engineer William Devitt stated the station would not be touched and in addition they were hopeful that with the State taking part of the property there could be an additional relinquishment which would actually add to the property. As well, meetings had been held with Fire Chief James Riley on the matter. Councilwoman Kaywood added that this is at the location of the Haster Street overcrossing of the Santa Ana Freeway, which was not going to be constructed, but through SCAG efforts, the project was reinstated and approved. On motion by Councilman Kott, seconded by Councilman Roth, the City consented to the State's proposed acquisition of a portion of the existing fire station site located at Alro Way and Manchester Avenue. Councilman Overholt was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution No. 79R-119 and 79R-120 for adoption as recommended by the City Engineer and the Data Processing Director respectively. (Refer to Resolution Book) 169: RESOLUTION NO. 79R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RES- PONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: INSTALLATION AND REPLACEMENT OF INCANDESCENT STREET LIGHT- ING LUMINAIRES AND LAMPS - HUD AREAS II & III, ACCOUNT NOS. 25-676-73630-37300 AND 25-676-6340-73640-37300. 123: RESOLUTION NO. 79R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH THE ORANGE COUNTY MANPOWER COMMISSION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution Nos. 79R-119 and 79R-120 duly passed and adopted. After clarification from staff, Councilman Kott offered Resolution No. 79R-121 for adoption as recommended by the Director of Finance in his memorandum dated February 20, 1979. (Refer to Resolution Book) 79-262 City Ha!,l~ Anaheim~ California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. 128/152: RESOLUTION NO. 79R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A REVOLVING FUND AND AUTHORIZING THE ADVANCE THEREFROM OF FUNDS FOR EXPENSES FOR CITY PERSONNEL WHO ARE.REQUIRED TO BE AWAY FROM THE CITY ON CITY BUSINESS OR TO ATTEND CONFERENCES, OR TO CONDUCT CITY BUSINESS WITHIN THE CITY; AND SUPERSEDING RESOLUTION NOS. 68R-185 AND 77R-461. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Ove rho 1 t The Mayor declared Resolution No. 79R-121 duly passed and adopted. 123: CIRCULATION OF 16MM FILMS: Approving an agreement with the Yorba Linda District Library to allow the District Library to circulate the 16MM films owned by the City of Anaheim. Councilwoman Kaywood asked, in the event that any of the films were damaged, would these be replaced. City Librarian William Griffith stated that in essence what they were doing was pooling resources. Anaheim had approximately 200 films and Yorba Linda, 200 and Anaheim's patrons would have full access to Yorba Linda's films as well. Yorba Linda would maintain and repair the film but they would remain the property of Anaheim and would only be on loan. If a film was lost or damaged, they would try to recover the cost from the borrower but it would be Anaheim's liability and not that of Yorba Linda. Councilman Kott offered Resolution No. 79R-122 for adoption as recommended in memorandum dated February 2; 1979 from the City Librarian. (Refer to Resolution Book) RESOLUTION NO. 79R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH YORBA LINDA LIBRARY DISTRICT FOR THE LOAN OF FILMS AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. R011 Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: couNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution No. 79R-122 duly passed and adopted. 153: COMPENSATION FOR THE CLASSIFICATION OF CIRCULATION SUPERVISOR: Councilman Kott offered Resolution No. 79R-123 for adoption as recommended in memorandum dated February 28, 1979 from the Human Resources Director Garry McRae. (Refer to Resolution Book) 79-263 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 78R-660 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY MANAGEMENT, AND ADJUSTING THE RATE OF COMPEN- SATION FOR THE CLASSIFICATION OF CIRCULATION SUPERVISOR. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution No. 79R-123 duly passed and adopted. 153: ADJUSTMENT OF PAY RATE FOR ZONING ENFORCEMENT SPECIALIST: Assistant City Manager William Hopkins briefed the Council on memorandum dated February 28, 1979 from the Human Resources Director recommending the establishment of a new rate of compensation for the existing Job class of Zoning Enforcement Specialist. Councilwoman Kaywood stated she had a problem with the recommendation. The City Zoning Enforcement Officer, Mr. Walp had performed the job by himself for a number of years and she was wondering if it was right that the Assistant Officer should come in and have his salary raised because his superior was doing such a good job. Mr. McRae stated the matter was a technical issue. The employer/employee relations ordinance provided that the City Management Representative (the Human Services Director) would recommend to the City Council the adoption of new classes and to make a determination as to the appropriate unit to which that class belonged. That took place in November and they then notified the Employees Association that they had created that class. They exercised their right and requested to meet and confer on the salary that had been recommended and adopted by the City Council. They subsequently met over a long period of time and agreed that the salary schedule should be adjusted upward slightly. An agreement was reached about 3 or 4 weeks ago with the effective date to be that on which the incumbent was appointed to the position. The reason for this salary adjustment is that the Employees Association indicated they wanted salary differential of only 15% as opposed to the 18½% recommended to the City Council when the job classification was created. After a number of discussions, the City finally concurred with the Association's recommendation and signed a letter of agreement on that basis. The increase has nothing to do with performance. Councilwoman Kaywood asked if this was the normal procedure. Mr. McRae replied that generally City Management Representative recommends to the City Council a salary level when the job classification is created, while at the same time recommending that it be allocated to a represented unit. Subsequently, the employee organization has the right to request to meet and confer on either of those adjustments, the unit in which the classification was placed, or the salary level. 79-264 City Hall, Anaheim~ California - COUNCIL MINUTES - March 6~ t979~ 1:30 P.M. Mayor Seymour disagreed and stated t,here was no logic in his mind to the recommen- dation. As Mr. McRae explained, it was an in-house promotional application where fifteen or eighteen people applied for the position and thus they did not have to go outside. If they had done so, the number of applicants would have quadrupled. That indicated to him that the salary being offered was more than sufficient to start with and therefore there was no need to increase it to fill that position. However, Personnel and the AMEA carried it a step further by saying that they recognized they were paying plenty of money for the position, but there was a differential between the boss and the subordinate, and thus the subordinates' pay had to be raised because it was disproportionate to what the boss was making. He reiterated, the reasoning was totally illogical and irrelevant and he was very displeased with it. They were not raising the.salary because the person was not getting paid enough, but because of a greater differential existing between the two salaries. Mr. McRae stated that the Mayor might be addressing himself to the whole subject of collective bargaining; the Mayor stated he was not doing so but this was one recommendation he was going to vote against because it had no basis of reason nor economic justification. Councilman Kott stated he felt the situation was a typical bureaucratic maneuver in the sense that the excuse used was that there was too much leeway between the next higher salary position. No one ever said that the superior's salary should be reduced although he was not recommending that in this situation. He found it very difficult to support the recommended action. The Mayor stated that since the individual was still on probation, he found more logic in declaring the position vacant, if that was technically possibile, and then dropping the salary rather than vote for an increase. Mr. McRae explained that from a technical point of view, no action by the City Council would retain the salary they created and approved in November. They did not have to do anything with the position or with the incumbent. If they did not accept the recommendation from staff, the salary would remain at the Level of Schedule 878 which was the schedule they approved in November. The Assistant City Manager confirmed if the matter was tabled today, there would be no action on the present conditions; the Mayor stated he would do something stronger than that and offered a resolution to deny the recommendation. Councilwoman Kaywood stated she would be opposed to creating a vacancy because Mr. Walp had carried a double load for too long, but she had a problem relative to raising the assistant's salary. Councilman Seymour thereupon offered Resolution No. 79R-124 for adoption, denying the adjustment of pay rate for the Zoning Enforcement Specialist. (Refer to Resolution Book) RESOLUTION NO. 79R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE ESTABLISHMENT OF A NEW RATE OF COMPENSATION FOR EXISTING JOB CLASS OF ZONING ENFORCEMENT SPECIALIST. 79-265 City .H.all, Anaheim, California - COUNCIL MINUTES - March 6, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution No. 79R-124 duly passed and adopted. 123: STATE PERSONNEL BOARD COOPERATIVE PERSONNEL SERVICES AGREEMENT: Councilwoman Kaywood offered Resolution No. 79R-125 for adoption as recommended in memorandum dated February 28, 1979 from the Human Resources Director, rescinding Resolution No. 79R-68 and approving a three-year contract with the State Personnel Board relating to Technical Personnel Services and authorizing Human Resources Director Garry McRae to execute same. (Refer to Resolution Book) RESOLUTION NO. 79R-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A CONTRACT BETWEEN THE CITY OF ANAHEIM AND THE STATE PERSONNEL BOARD, RELATING TO TECHNICAL PERSONNEL SERVICES AND AUTHORIZING THE EXECUTION THEREOF BY THE HUMAN RESOURCES DIRECTOR AND RESCINDING RESOLUTION NO. 79R-68. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Overholt The Mayor declared Resolution No. 79R-125 duly passed and adopted. 131: DECLARING THE SOUTHERLY EXTENSION OF SERRANO AVENUE AS VITAL AND NECESSARY: Traffic Engineer Paul Singer stated that hopefully the proposed Resolution would put the County Supervisors on notice that Anaheim wanted to extend Serrano and the City of Orange had adopted a similar resolution. He requested, if the Resolution was adopted, that it be signed today so that it could be transmitted immediately because it was necessary that it be at the County by Thursday, March 8, 1979. Councilman Roth offered Resolution No. 79R-126 for adoption as recommended in memorandum dated February 27, 1979 from the City Engineer declaring that the extension of Serrano Avenue southerly from its present terminus was a necessary and vital roadway link in the overall circulation system serving Northeast Orange County. (Refer to Resolution Book) RESOLUTION NO. 79R-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE EXTENSION OF SERRANO AVENUE SOUTHERLY FROM ITS PRESENT TERMINUS IS A NECESSARY AND VITAL ROADWAY LINK IN THE OVERALL CIRCULATION SYSTEM SERVING NORTHEAST ORANGE COUNTY; AND RECOMMENDING TO THE ORANGE COUNTY BOARD OF SUPERVISORS THAT SERRANO AVENUE BE RETAINED AS A PROPOSED SECONDARY ARTERIAL HIGHWAY ON THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. 79-266 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution No. 79R-126 duly passed and adopted. 123: ANAHEIM SHORES OWNERS ASSOCIATION - PROVIDING FOR PERPETUAL MAINTENANCE: Councilwoman Kaywood offered Resolution No. 79R-127 for adoption as recommended in memorandum dated February 28, 1979 from the Superintendent of Parkway Main- tenance, Sam Morita. (Refer to Resolution Book) RESOLUTION NO. 79R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ANAHEIM SHORES OWNERS ASSOCIATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution No. 79R-127 duly passed and adopted. 173: TRANSPORTATION SYSTEM MANAGEMENT PLAN FOR THE CITY'S COMMERCIAL-RECREATIONAL AREA: Assistant City Manager Hopkins stated that the recommendation from staff on the subject was that the Council, by motion, direct them to pursue funding of the development of a comprehensive transportation system management plan for the City's commercial-recreational area. It was an added item to the agenda due to the fact that they had a March 9th deadline to meet. Councilwoman Kaywood moved to direct staff to pursue funding of development of a comprehensive transportation system management plan for the City's commercial- recreational area. Councilman Seymour seconded the motion. Before a vote was taken, Councilman Kott asked if there would be any cost to Anaheim. Pam Lucado, Planning Aide stated that staff would be pursuing funding avenues. As far as what portion the City would have to pay, it could be either !00% or 0%, but they would be coming back to the Council with the best funding avenue they could procure. It could also be a joint combination of partic- ipation by the Orange County Transportation Commission, the City of Anaheim and the OCTD. The plan would give a further analysis of the particular demo- graphic characteristics in the City's commercial-recreational area which had not been covered under existing studies. It would help them to coordinate with federally assisted grants to induce mitigation measures for the area to improve the traffic flow and to produce strategies for implementation of transportation items. 79-267 City Hall~ .Anaheim~ California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. Councilwoman Kaywood pointed out it~was OCTD's number one priority on a list of three and something that had to be done. The Mayor asked, if the grant and the study were approved, would it possibly be part of the package to get into the next round of funding for monorails, etc. Planning Director Ron Thompson stated they were pursuing that aspect as well, but the present request would be an opportunity to work jointly with the OCTD to study some of the mitigation measures necessary as traffic began to increase and as some of the developments already approved by the Council went on-line. They viewed it-as an opportunity to do some forward planning and hopefully it would be fully funded by the federal government. A vote was then taken on the foregoing motion. Councilman Overholt was absent. MOTION CARRIED. 170: TREE PRESERVATION ORDINANCE: City Attorney William Hopkins briefed the Council on his memorandum dated February 22, 1979, which recommended as an interim measure that the tree preservation ordinance be amended to add a section on the punishment for violation of the ordinance making it a misdemeanor, pun- ishable by a fine not to exceed $500 or by imprisonment not to exceed 6 months, or both. It also recommended that copies of the ordinance be sent to tree trimmers and surgeons who might have occasion to engage in tree work in the Anaheim Hills area. He reiterated the ordinance was merely an interim measure and recommended it be reviewed and subsequently revised as it could be made more effective relative to enforcement; and in order to bring forward recommendations that would have a good basis regarding constitutionality. ORDINANCE NO. 3981: Councilwoman Kaywood offered Ordinance No. 3981 for first reading. ORDINANCE NO. 3981: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.84 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBSECTION 18.84.038.035 PERTAINING TO ZONING. Councilwoman Kaywood also requested that staff review the Ordinance because it did not contain anything limiting the topRing of trees. Mr. Hopkins stated that was a section he felt could be improved because at present it was ambiguous and had caused some problems recently. That was the asea he recommended be reviewed for more effective wording in order to improve enforcement. Councilwoman Kaywood moved that staff be directed to study the O~dinance in its entirety; make improvements in the wording, generally to make the enforce- ment more workable; and, 'the City Clerk was directed to send copies of the Tree Preservation Ordinance, as amended, to all tree trimmers and surgeons in the surrounding area. Councilman Kott seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 79-268 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. 180: NEWSRACKS: Councilman Roth recounted that the previous year the Council directed the City Attorney to monitor ideas the City of Los Angeles had in attempting to place holds over pornographic newsracks in the city. The Council also went on record in support of the Initiative to give back local control of pornographic materials including newsracks. Unfortunately, the Initiative failed due to lack of sufficient signatures. A few days ago, he received a copy of an action by the California Supreme Court upholding the City of Glendale's newsrack ordinance providing limitations on the number of racks that could be placed on sidewalks. In general, it allowed no more than eight coin-operated newsracks in one location and no more than sixteen on one block. The ordinance gave first priority to newspapers of general circulation. Thus, if adopted in this City, would have absolutely no effect on legitimate newspapers, those of general circulation. He had submitted copies of the data to the Council and in addition discussed the matter with the City Attorney who obtained a copy of Glendale's Ordinance. It was the first time that the Supreme Court had upheld any control of newsracks placed on sidewalks. His main thrust was not to stymie free speech, but merely to get some curtailment of the amount of pornographic materials that were so readily available to the City's youth. He encouraged the Council to recommend that the City Attorney review the Ordinance to ascertain what application could be made to Anaheim. Mr. Hopkins stated that as Councilman Roth indicated, the Glendale Ordinance had been upheld by the Court limiting the number of racks and placing priorities first to the general circulation papers, secondly to daily publications that published five or more days a week, and the third priority to weekly publications. It was upheld on the basis that sidewalks were becoming so crowded with news- racks that people were finding it difficult to walk in certain areas. The Court had given cities the go-ahead as far as control on the basis that sidewalks must be maintained for walking rather than free speech and newsracks were cluttering the right of way so that people could not move. It was therefore a logical basis for determination and he recommended that the City's Ordinance be revised accordingly. On motion by Councilman Roth, seconded by Councilman Kott, the City Attorney was directed to review Glendale's Newsrack Ordinance recently upheld by the California Supreme Court to ascertain what application could be made to the City of Anaheim. Councilman Overholt was absent. MOTION CARRIED. 107: ABATEMENT OF DANGEROUS BUILDING: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, March 27, 1979 at 3:00 P.M. was set as the date and time for a public hearing on the appeal of Jodyne Roseman, Trustee, from Notice and Order of Building Official to abate a commercial structure located at 114 East Lincoln Avenue determined to be a dangerous building within the meaning of the Uniform Code for the Abatement of Dangerous Buildings. Councilman Overholt was absent. MOTION CARRIED. RECLASSIFICATION NO. 73-74-36 - (TENTATIVE TRACT NOS. 8796 AND 8775) - EXTENSION OF TIME: Request by Matreyek Homes, Inc. for an extension of time to Reclassifi- cation No. 73-74-36, for a change in zone from RS-A-43,000 to PC, to construct a development consisting of condominiums, a mobilehome park, a neighborhood shop- ping center and an office park, on property located northwest of La Palma and Euclid Street, was submitted. 79-269 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, a one year extension of time was approved as requested, to Reclassification No. 73-74-36 expiring March 19, 1980. Councilman Overholt was absent. MOTION CARRIED. 102: USE OF ANIMALS FOR RESEARCH: Councilman Kott referred to the communication received from the Children's Hospital of Orange County (CHOC) relative to the use of pound animals for research and also a letter from Huntington Beach indicating that they had rescinded their resolution on discontinuing the giving of animals for research purposes. He asked that the subject matter again be scheduled to be heard before the Council in two weeks and to have those people appear who favored the use of pound animals for research purposes so that they might explain' their position. The Mayor asked that it be scheduled as part of the agenda and not be heard under Council comments. Councilwoman Kaywood stated it might be well to notify the UCI School of Medicine so that somebody could be present to speak on the matter. May. or Seymour then recommended that staff notify the organization .who had pre- vi6usly requested that pound animals not be used for research because if only one side was heard again, the dissenting organization would ask to be heard the following week. By general consent, the City Clerk was directed to schedule the matter as an agenda item in two weeks and to notify concerned organizations both pro and con of the hearing. RECLASSIFICATION NO. 73-74-4 - CONDITIONAL USE PERMIT NO. 1410 - EXTENSION OF TIME: Request of Michael B. McCallister of Garden Park General Hospital for a retroactive extension of time to Reclassification No. 73-74-4 and Conditional Use Permit No. 1410, to permit the expansion of an existing hospital on C-O zoned property located at 950 South Gilbert Street, was submitted for Council consideration. Ms. Santalahti, Assistant Director for Zoning explained that March 1, 1979 she spoke with Mr. McCallister to obtain some answers relative to the subject, Mr. McCallister stated they had received approval by the local Regional Health Planning Organization to combine with West Anaheim Community Hospital and they still planned to do so. The reason they requested the extension was due to the fact that staff asked if they were still interested in a Reclassification and Conditional Use Permit. Mr. McCallister answered that while they were relocating, he did not expect the existing facilities to be taken over by a hospital but anticipated it would be some type of a health facility or convalescent hospital and they were hoping to leave open various avenues of utilization for the building. Ms. Santalahti explained if they planned to change from the current CUP to a board and care facility they would have to refile for another CUP. She suggested that perhaps the Reclassification be retained and the CUP not be extended because there would be a 98% chance that it would have to be refiled in any case. If retained as a hospital, t~ev would have to receive approval from the Regional Health Planning Organization. 79-270 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. Councilman Roth moved to approve a retroactive extension of time from August, 1977 to expire August, 1979 on Reclassification No. 73-74-4 and Conditional Use Permit No. 1410. Councilman Seymour seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 105: COMMUNITY RESTITUTION PROGRAM: Ms. Nancy Richards, representative of the Youth Services Program, Inc. (YSP) gave the background of the volunteer-based program which was initiated approximately one year prior in Costa Mesa, and since had extended to several other cities. They offer counseling services to juveniles referred from the Police Department and the program is an extension of, and a compliment to those services. They would be receiving juvenile property offenders, finding jobs for them and arranging for them to work for the victims so as to pay back the amount of vandalism without going through court proceeding. Mr. James Ruth, Deputy City Manager, explained for Councilman Kott that a CETA intake worker would handle the program and there would be no cost to the City. Mr. James West, member of the Community Services Board (CSB) who was recommending implementation of the program stated that the CSB had looked into the program and also spoke with the Police Department. At the present, if a juvenile committed a crime and it was not a serious offense, nothing would happen because the system was so crowded. The proposed program would establish a volunteer board of citizens of Anaheim so that when the police apprehended a juvenile for a small first offense, the offender would make a bargain with the board to make restitution either by working for the victim or in some other capacity. The Council expressed their feeling that the program was an excellent one. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council approved the implementation of a Community Restitution Program to be administered by the Youth Services Program, Inc. Councilman Overholt was absent. MOTION CARRIED. RECESS: By general consent the Council recessed for 10 minutes. (3:00 P.M.) AFTER RECESS: blayor Seymour called the meeting to order, all Council Members being present, with the exception of Councilman Overholt. (3:10 P.M.) CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Council- man Seymour, 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. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Dale F. Moore for vehicle damages purportedly sustained as a result of unmarked hole in street on or about November 13, 1978. 79-271 City Hall~ Anaheim,. California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. b. Claim submitted by Guadalupe Diaz for vehicle damages purportedly sustained as a result of unmarked hole in stre,et on or about January 30, 1979. c. Claim submitted by Frank Silva for personal injuries and damages purportedly sustained as a result of fall caused by negligent street design on or about November 18, 1978. d. Claim submitted by Charles F. and Carolyn J. Davis for vehicle damage purportedly sustained as a result of being hit by golf ball in the Fairway Village Apartments parking lot adjacent to golf course approximately three weeks ago. e. Claim submitted by State Farm Mutual Automobile Company on behalf of Erring G. Law, insured, for vehicle damages purportedly sustained as a result of accident caused by traffic signal malfunction or or about December 7, 1978. f. Claim submitted by Dennis Crabtree for personal injuries and damages purportedly sustained as a result of dangerous and defective road conditions on or about November 14, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Before the Civil Aeronautics Board, Hughes Air Corp., dba Hughes Airwest, applying for exception authority for Orange County - Las Vegas - Denver routing. b. 175: Before the Power Plant and Transmission Line Siting Committee of Arizona, in the matter of the application of Arizona Public Service Company, Southern California Edison Company, E1 Paso Electric Company, San Diego Gas and Electric Company, Nevada Power Company, Department of Water and Power of the City of Los Angeles, City of Anaheim, California, City of Burbank, California, City of Glendale, California, City of Pasadena, California and City of Riverside, California for a certificate of Environmental Compatibility for two additional generating units at the Palo Verde Nuclear Generating Station, Case No. 40, Decision No. 49713. c. 105: Library Board - Minutes of January 15, 1979. d. 105: Library Board - Monthly Report for January 1979. e. 105: Community Center Authority - Minutes of February 12, 1979. f. 175: g. 114: Utilities Department, Field Division - Monthly Report for January 1979. City of Garden Grove Resolution No. 5720-79, requesting an amendment to Section 3202 of the Labor Code of the State of California. 173: Before the Civil Aeronautics Board, Hughes Air Corp., dba Hughes Airwest, notice to suspend service, Docket 34473, effective March 15, 1979. 79-272 City .Hall~ Anaheim, California - COUNCIL MINUTES - March 6, 1979, 1:30 P.M. i. 105: Project Area Committee - Minutes of February 13, 1979. j. 105: HACMAC - Minutes of February 13, 1979. k. 105: Community Redevelopment Commission - Minutes of February 21, 1979. 3. 156: ANAHEIM POLICE HELIPORT ADDITION~ CHANGE ORDER NO. 1: The following Change Order was approved in accordance with the recommendations of the City Engineer: a. Authorization for Change Order No. 1, in the amount of $3~598. Bayside Builders and Engineering Contractors, Inc. Councilman Overholt was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-128 through 79R-130, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 79R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Beverly A. Brennan, et al.; George W. Jewell, et ux.; Thomas Baron et ux.; Martha M. Neff, et al.; John V. Donner, et al.; Robert C. Kisner, et ux.; Donald L. Hutchin, et ux.) 176: RESOLUTION NO. 79R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (78-16A, portion of existing public utility easements lying within a portion of Lots 58 and 63 in Tract No. 9750, to permit installation of a retaining wall, public hearing to be held March 27, 1979, at 3:00 P.M.) 173: RESOLUTION NO. 79R-130: A REsoLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Cerritos Avenue Crossing #2-169.7). Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Resolution Nos. 79R-128 through 79R-130 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held February 12, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 79-2 73 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. 1. RECLASSIFICATION NO. 78-79-28: Submitted by Paul Kouri and Robert O. Guyot, for a change in zone from ML to CL to construct a commercial center consisting of three buildings on property located at 3500 East Orangethorpe Avenue The City Planning Commission, pursuant to Resolution No. PC79-29, granted Reclassification No. 78-79-28 and granted negative declaration status. 2. VARIANCE NO. 3074: Submitted by James A. McMahan to erect a roof-mounted sign on CL zoned property located at 845 North Euclid Street with a waiver of maximum sign height. The City Planning Commission, pursuant to Resolution No. PC79-31, denied Variance No. 3074, and ratified the Planning Director's categorical exemption determination. 3. VARIANCE NO. 3075: Submitted by Las Tiendas de Yorba to construct a fast-food restaurant on CL(SC) zoned property located at 5555 East Santa Ana Canyon Road with a waiver of minimum number of parking spaces. Withdrawn by the Petitioner. 4. CONDITIONAL USE PERMIT NO. 1920: Submitted by Plotkin-Rosen Development Company, to permit a drive-through restaurant on CL zoned property located on the east side of Euclid Street north of the centerline of Crescent Avenue. The City Planning Commission, pursuant to P~esolution No. PC79-28, granted Conditional Use Permit No. 1920, and granted negative declaration status. 5. CONDITIONAL USE PERMIT NO. 1940: Submitted by Raydell Richard and La Wanda Hazel Bobst, to permit the outdoor storage of masonry materials and equipment on RS-A-43,000 zoned property located at 131 South Dale Avenue. The City Planning Commission, pursuant to Resolution No. PC79-33, denied Conditional Use Permit No. 1940, and granted negative declaration status. 6. CONDITIONAL USE PERMIT NO. 1941: Submitted by Lazare F. Bernhard, to permit a roofing contractor's storage yard on ML zoned property located at 1595 West Broadway Street with code waivers of: (a) maximum fence height, (b) permitted encroachment into required setback. The City Planning Commission, pursuant to Resolution No. PC79-34, granted Conditional Use Permit No. 1941, and granted negative declaration status. 7. CONDITIONAL USE PERMIT NO. 1942: Submitted by Beam Investment Company, to permit a truck rental and leasing facility on ML zoned property located on the southeast corner of La Jolla Street and Red Gum Street with a waiver of required enclosure of outdoor uses. The City Planning Commission, pursuant to Resolution No. PC79-35, granted Conditional Use Permit No. 1942, and granted negative declaration status. 79-274 City Hall, Anaheim, California - COUNCIL MINUTES - March 6, 1979, 1:30 P.M. 8. CONDITIONAL USE PERMIT NO. 1944: Submitted by Charles and Patsy Cundiff, to permit a church on ML zoned property located at 4421 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC79-30, denied Condi- tional Use Permit No. 1944, and granted negative declaration status. 9. CONDITIONAL USE PERMIT NO. 1216 - REQUEST FOR TERMINATION: Request by Robert Wiens for termination of Conditional Use Permit No. 1216, to permit a day care center in the RS-A-43,000 zone on property located at 510 East Orangewood Avenue. The City Planning Commission terminated Conditional Use Permit No. 1216. 10. VARIANCE NO. 3071 AND TENTATIVE TRACT NO. 10476 - REQUEST FOR APPROVAL OF REVISED PLANS: Request by Jim Askins, for approval of revised plans for Variance No. 3071 and Tentative Tract No. 10476 for relocation of guest parking areas in a proposed 218-unit condominium subdivision on RM-1200 zoned property located on the north side of Chapman Avenue approximately 805 feet east of Harbor Boulevard. The City Planning Commission approved revised plans for Variance No. 3071 and Tentative Tract No. 10476. RAILROAD NOISE - SANTA ANA STREET AREA: On motion by Councilman Kott, seconded by Councilwoman Kaywood, consideration of the City Planning Commission recommen- dation relating to railroad noise in Santa Ana Street was continued to March 20, 1979. Councilman Overholt was absent. MOTION CARRIED. 179: ORDINANCE NO. 3982 - AMENDMENT TO TITLE 18 - CONDOMINIUM STANDARDS: Council- man Roth offered Ordinance No. 3982 for first reading. ORDINANCE NO. 3982: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE TITLE OF CHAPTER 18.31, AND AMENDING SECTIONS 18.31.061.012 AND 18.31.066.010 OF CHAPTER 18.31, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Councilwoman Kaywood wanted to be certain that extra insulation was included between units for noise control. Ms. Santalahti explained that the only two issues addressed were, increasing the allowable density to 3,000 square feet per unit instead of 4,000 square feet; and, increasing the parking requirement from 2.5 spaces to 3.5 spaces. The Planning Commission was still looking at condominiums relative to other issues and she could broach the noise attenuation measures at the same time. Councilwoman Kaywood stated she was concerned that quality be of first priority and that greater care be taken with insulation between the units and between the outside walls. If they were going to crowd people closer together, she wanted to be sure the quality of life was at least as good as it was before. ORDINANCE NO. 3887: Councilman Roth offered Ordinance No. 3887 for adoption. (Refer to Ordinance Book) 79-275 City Hall~ Anaheim~ California - COUNCIL MINUTES - March 6~ 1979, 1:30 P.M. ORDINANCE NO. 3887: AN ORDINANCE OF, THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-32, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Ordinance No. 3887 duly passed and adopted. 124: ORDINANCE NO. 3980: Councilwoman Kaywood offered Ordinance No. 3980 for adoption. (Refer to Ordinance Book) ORDINANCE NO. 3980: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (A) APPROVING A SECOND AMENDMENT TO COMMUNITY CENTER FACILITY LEASE DATED FOR CONVE- NIENCE AS OF APRIL 1, 1979 BETWEEN THE CITY OF ANAHEIM AND THE COMMUNITY CENTER AUTHORITY, (B) APPROVING A SECOND AMENDMENT OT SITE LEASE DATED FOR CONVENIENCE AS OF APRIL 1, 1979 BETWEEN THE CITY OF ANAHEIM AND THE COMMUNITY CENTER AUTHOR- ITY, AND (C) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID SECOND AMENDMENT TO COMMUNITY CENTER FACILITY LEASE AND SAID SECOND AMENDMENT TO SITE LEASE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Seymour None Overholt The Mayor declared Ordinance No. 3980 duly passed and adopted. 156: ORDINANCE NO. 3983: Councilwoman Kaywood offered Ordinance No. 3983 for first reading. ORDINANCE NO. 3983: AN ORDIN~aNCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 6.32.120 RELATING TO DEMONSTRATION EQUIPMENT. 108: ORDINANCE NO. 3984: Councilman Roth offered Ordinance No. 3984 for first reading. ORDINANCE NO. 3984: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.16, SECTION 4.16.050 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 4, CHAPTER 4.16, SECTION 4.16.050 IN ITS PLACE RELATING TO DANCE PERMITS. Councilman Roth commented that with most dinner houses there is a separation between the dining area and the cocktail lounge and thus the requirement for 300 square feet of dance floor is unrealistic. After looking at the issue and discussing it with the City Manager, a meeting was subsequently held with Lt. Dale Wilcox, a representative from the Fire Department and Building Depart- ment and all came to the same conclusion, the existing Ordinance was one that should be under the Sunset Rule and phased out immediately as it was not enforce- able relative to dinner houses. 79-276 City Hall, Anaheim~ California - COUNCIL MINUTES - March 6, 1979~ 1:30 P.M. 114: ANTI-BUSING RALLY: Councilman Roth reported that a rally was held on March 5, 1979 at the Gauer School in opposition to forced busing. He advised those present that the Council was on record as opposing the metropolitan busing plan. 173: ALLEGED VIOLATION OF TAXI CAB ORDINANCE: Councilman Kott stated that he wished to bring Mr. Lozano of Lozano Taxi Cab forward to speak on a matter for which he was seeking some help. Mr. Manuel Lozano, 1432 East South Avenue, Lozano Taxi Cab Company stated that 4 or 5 months after he received his permit from the City for his taxi cab company, a company came to town called C & B Taxi and Limousine. They applied for and received a City business license and since then had been operating as a cab company in the City. He did not know why that company had received a license and he subsequently discussed the matter with the City Attorney and, prior to that, with Police Chief Bastrup and also with two officers. The problem was still continuing and the company had now expanded from one to five vehicles and he had a list of all the cars and license numbers which he was going to submit to the City Attorney. They were also experiencing a problem with the Santa Ana Yellow Cab Company. When conventions are in town, 12 to 15 of their vehicles come to Anaheim to pick up passengers, thus removing this business from the city cab companies. City Attorney Hopkins stated he had discussed the matter with Mr. Lozano and the problem was that the vehicles he referred to were operated by an organization that had a business license covered by the City's ordinance providing for sight-seeing vehicles and limousines and they were not permitted to act as taxis legally. Apparently they were using the word taxi on their vehicles and operating as a taxi, although not legally authorized to do so. He had discussed the matter with the Police Department and their situation was that they did not have enough manpower to police the activity. One method would be to revise the sight-seeing vehicle ordinance which dated back to 1958. The other method would be to provide additional enforcement through the Police Department to make sure they did not operate as a taxi nor display the sign on their vehicles. They did have author- ization to operate as a limousine to take people to specific destinations or on a sight-seeing trip, but not as a taxi. Mayor Seymour asked if they were operating as a taxi and were in clear violation of the ordinance, why he did not make some recommendation to the Council regarding revocation of their business license. Mr. Hopkins explained that the City's business license procedure is a r~venue raising activity and different from a permit. In the City's ordinances and court cases, they had always referred back to the license merely as a revenue raising device. An ordinance could be instituted covering a permit procedure which would then enable them to revoke a permit. He suggested they attempt to enforce the matter through the existing taxi ordinance which provided that anyone who operated a taxi in the City without a permit from the City Council was violating the law and subject to penalties for a misdemeanor. If they could work it out with the Chief of Police to provide a little extra manpower for a period of time, the problem could be eliminated in that manner. 79-277 City Hall~ Anaheim,. California - COUNCIL MINUTES - March 6, 1979~ 1:30 P.M. MOTION: Councilman Seymour moved to direct the City Attorney to revise and update the sight-seeing vehicle ordinance and the City Manager was directed to have the existing taxi cab ordinance enforced in order to bring the alleged illegal operation to a halt. Councilman Kott seconded the motion. Councilman Overholt was absent. MOTION CARRIED. Councilwoman Kaywood asked how many drivers Mr. Lozano had working for him and whether or not they were getting any safety training. Mr. Lozano answered that every time they hired a driver, they receive training and subsequently are screened by the Police Department. Before they were put into service to drive, they knew their drivers were capable operators. Councilwoman Kaywood then explained that she had two unfortunate experiences involving Mr. Lozano's cabs and drivers which she relayed to the Council both of which could have had disastrous consequences. She recommended that if Mr. Lozano tightened up on safety awareness it would consequently be very helpful. Mr. Lozano stated if Councilwoman Kaywood could tell him the location and the day the incidents occurred, he would check into the matter. 178: PERIPHERAL CANAL COMMITTEE OF THE METROPOLITAN WATER DISTRICT: Mayor Seymour read a letter dated February 23, 1979 from the Metropolitan Water District (MWD) regarding the formation of a special Peripheral Canal Committee, the thrust of which was as follows: "It is the consensus of the Peripheral Canal Committee that each agency of MWD must be thoroughly involved in this all- important issue. I am, therefore, requesting your support in the formation of a Liaison Committee. This committee should include a representative from your agency (not an MWD Director) who is at the policy level, for example, a council member, commissioner or director, and a designated alternate." The Mayor explained his purpose in approaching the Council was to share the need for a Liaison Committee and to recommend that since an enterprise activity was involved, he and Councilman Overholt be designated as the member and the alternate of the Peripheral Canal Committee representation. MOTION: Councilman Seymour thereupon moved that he be the designated member and Councilman Overholt be alternate member on the Liaison Committee to the Peripheral Canal Committee. Councilwoman Kaywood seconded the motion. Council- man Overholt was absent. MOTION CARRIED. 148: APPOINTMENT TO SOUTHERN CALIFORNIA REGIONAL COASTAL COMMISSION: Council- man Seymour reported that at the last League of California Cities meeting he attended, the League recognized that there was a vacancy as the alternate on the South Coast Regional Air Quality Management District. On a 12 to 13 vote, with Anaheim on the "winning" side, Councilwoman Mary Ann Guido of Irvine was appointed as alternate. Subsequently, Mr. Rick Erickson, mayor of Garden Grove, the city's representative on the the South Coast Regional Coastal Commission stated it was his perogative to name the alternate and, having exercised that perogative, it must be confirmed by the League of Cities. Mr. Erickson felt that Councilwoman Jackie Heather of Newport Beach was a more appropriate appoint- ment who could better serve as his alternate. 79-278 City Hall~ Anaheim, California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. MOTION: Councilman Seymour moved to withdraw the support of Mary Ann Guido and support Councilwoman Jackie Heather as alternate to the South Coast Regional Coastal Commission. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. RECESS - EXECUTIVE SESSION: By general consent the Council recessed into Executive Session. (3:35 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present, with the exception of Councilman Overholt. (3:50 P.M.) 156: LITTLE PEOPLE'S PARK INCIDENT: Mayor Seymour referred to the incident which occurred on July 30, 1978 at Little People's Park and recalled historically that shortly after the event took place, the Council asked for an investigation of the circumstances surrounding the events of that evening. As a result of that action, the Orange County District Attorney investigated the incident totally and completely and subsequent to that, the Orange County Grand Jury was asked to again investigate the event, activities and actions that took place. As a result of both investigations, the Orange County District Attorney's office and the Orange County Grand Jury in written statements stated they found no illegal action committed by the Anaheim Police Department relative to the incident. However, they added in both reports that there "may have been" undue force exercised by three or four Anaheim Police Officers. On receipt of those reports from the District Attorney and the Grand Jury, he felt that they left a "cloud" hanging over the Police Department in Anaheim and as a result of that strong feeling, the new Chief of Police, George Tielsch was asked to look at the situation and investigate whatever materials or files might be made available to him and to bring the matter to a close one way or another; either identify who the officers were who may have used undue force, or conversely, give a clean bill of health. The Chief had completed the activity and prepared and submitted to the Council a memorandum which now would become a part of the public record. His report dated February 22, 1979 (on file in the City Clerk's office) outlined the action he had taken involving tha matter which was summed up in the final paragraph stating, "I believe that appropriate police policies and procedures were followed by our officers during the course of the riotous condition in which they found themselves on July 30, 1978 at the Little People's Park. It is my strong recommendation that this incident now be considered closed by the Anaheim Police Department." Thus he (Seymour) felt, speaking on behalf of the Council, that the entire matter, question and doubt that had been raised relative to the conduct of the Anaheim Police Department at Little People's Park on July 30, 1978 had been totally and completely investigated~from every possible aspect. Three separate investigations had now been conducted, the District Attorney, the Grand Jury and the Chief of Police and in each case, they found there was no illegal conduct involved and with the report from the Chief it removed the last cloud over the Department. Therefore, the citizens of Anaheim, and, he would hope, the Mexican-American community who lived around Little People's Park were satisfied that the matter had been totally investigated and it was now closed. The Police Department could feel proud that after exhaustive investigation of their activities, it is concluded that they conducted themselves in a professional fashion and totally in order on the evening of 79-279 City Hall~ Anaheimz' California - COUNCIL MINUTES - March 6~ 1979~ 1:30 P.M. July 30, 1978. He was hopeful that the matter would once and for all be put to rest and it should assure the citizens of Anaheim that they have not only a sound, but also a professional, Police force. MOTION: Councilman Seymour moved to receive and file letter dated February 22, 1979 from Police Chief George P. Tielsch concerning the Little People's Park Incident of July 30, 1978. Councilman Roth seconded the motion. Councilman Overholt was absent. MOTION CARRIED. Mayor Seymour stated for the press that as they were probably aware, Chief Tielsch had met with the Mexican-American community five or six weeks prior where numerous questions were raised. He (Tielsch) promised he would have answers to those questions and, in essence, some type of plan of action to improve relationships with the community in and around the Little People's Park area as well as other sectors of the City. He expected that the Chief would be back within the next two weeks with his plan. On the other hand, there was a conclusion of the investigatory action with a clean bill of health given to the Police Department and an additional action would soon follow, a plan to reestablish good community relations with the Mexican-American sector. 112: NORMAN VS. THE CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Roth, the City Attorney and special counsel for the City was authorized to settle the case of Norman vs. City of Anaheim (United States District Court Case No. 78-3648 LTL) for a sum not to exceed $20,000 pursuant to the proposal submitted to the City Council by letter dated March 2, 1979. Councilman Overholt was absent. MOTION CARRIED. TRAFFIC PROBLEM - HARBOR CENTER: Councilman Kott asked the status of the traffic problem at Harbor Center. Assistant City Manager Hopkins stated that a report would be submitted on the matter in one week. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. Adjourned: 4:02 P.M. LINDA D. ROBERTS, CITY CLERK DEPUTY