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1978/07/1878-923 C. ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood COUNCIL MEMBERS: Seymour CITY MANAGER: William O. Talley ASSISTANT CITY ATTORNEY: Frank Lowry DEPUTY CITY CLERK: Leonora N. Sohl PARKS, RECREATION AND ARTS DIRECTOR: James D. Ruth TRAFFIC ENGINEER: Paul Singer POLICE CHIEF: Harold Bastrup UTILITIES DIRECTOR: Gordon Hoyt EXECUTIVE DIRECTOR: Norman Priest POLICE DETECTIVE: Jim Watkins ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Pro Tem Kaywood called the meeting to order and welcomed those in attendance to the Council meeting. ' FLAG SALUTE: Councilman Llewellyn 0verholt led the assembly in the Pledge of Allegiance to the Flag. 150: TENNIS LESSONS: Request from Mr. Drew Petelin, to address Council regarding action taken at the July 11, 1978 meeting relative to tennis lessonS. Due to the large number of people in the Chamber audience interested in the subject request, Mayor Pro Tem Kaywood stated that the matter would be discussed prior to other agenda items. Mr. James Ruth, Director of Parks, Recreation and the Arts Department, explained that at the direction of the Council at the meeting of July il, 1978, he implemented a change in the Department's philosophy and policy on tennis thereby instituting classes for tennis lessons with a minimum number of 15 participants. Registration was held on Saturday, July 15, 1978, and not one of the classes was filled. As well, Councilman Kott requested that he obtain information from the private sector, the results of which had been submitted to the Council for consideration relative to whether or not the private sector felt that the Parks and Recreation Tennis Program was, in fact, infringing upon private enterprise operations within the City. Mr. Ruth stated, as he had previously, that he did not feel such competition existed. The City's tennis program enhanced that of the private sector by giving the opportunity to young people and adults to learn the basics in tennis and if they chose to pursue those skills, they could move up into advanced classes. The response was overwhelming from the private sector stating that they did not agree with comments made at the last meeting to the effect that Parks and Recreation was infringing on their program. He hoped therefore that the Council would reconsider their prior decision. Mr. Drew Petelin, 1821 Verde Place, first asked Council to rescind its vote of July 11, 1978 relative to the tennis issue. He believed that the action taken on the complaint of one individual had undermined the efforts of 20 years of work by the Parks and Recreation Department and such action did not reflect the best interest of the people. If the Council had made an effort to ascertain the facts, they would not have voted as they did. A good portion of the people who had taken lessons in the last 20 years would probably have not considered tennis were it not City HalI, Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. for the efforts of Parks and Recreation to promote the game. In turn, the program provided jobs for the instructors as well as providing business to the private courts where people who had taken lessons subsequently went to play. He could only speak for himself, his wife and his neighbors in stating that the efforts of the Parks and Recreation Department sparked their interest in tennis initially and provided them the opportunity to learn to play and to decide if they enjoyed the game enabling them to do so at a reasonable price. If the newly proposed program had been in effect at the beginning of the summer, they would not have started playing tennis. In concluding, Mr. Petelin stated that the tennis program previously offered by the Parks and Recreation Depart- ment had a very positive effect not only on the private sector, but also on the lives and health of the people of Anaheim. Mrs. Sally White, Chairman of the Parks and Recreation Commission, 809 West Broadway, stated that hers was not an official statement, but made with approval of 6 commission members relative to tennis lessons. She thereupon cited and read from a City booklet, page 2, paragraph 3 and 4, outlining the function of the Parks and Recreation Commission, the latter stating "The City Council and administration must evidence a willingness to accept the Commission's advice even though it is under no legal obligation to act upon it. Without such support, a commission becomes a mere observer serving no useful purpose other than to rectify decisions already made". Mrs. White continued noting that was the exact position in which the Commission found itself today. It was embarrassing for them to have been bypassed and to read about a decision that was made in the newspaper the following day. She was confident that the Commission, representing a good cross-section of the City, could have made a recommendation on the matter which might have avoided the delay and confusion on the tennis program. Thus, she requested that the Parks and Recreation Commission be given an opportunity to function in the role they had been appointed to serve. Mayor Pro Tem Kaywood confirmed for Mrs. White that Councilman Overholt made a request at the July 11, 1978 meeting to delay action on the matter until the Council could obtain proper input. Mr. Gary Mumford, tennis instructor at E1 Rancho Junior High School, for Anaheim Parks and Recreation, stated that after last week's decision, he informed members of his class on Saturday and Sunday about the situation. He gave them a petition that all Council Members should have received today strongly opposing the Council's decision and urging a reversal of that decision thereby reinstituting the tennis program as it previously existed. Since he was one of a number of tennis instructors employed by the City, he pointed out that these positions repre- sented their livelihood just as much as anybody else's and particularly the gentleman who filed the complaint the previous week. Councilman Kott recalled the events of the previous week (see minutes of July 11, 1978) subsequent to which he contacted Mr. Ruth and learned that the gentleman who approached the Council had an illegal sign posted at his place of business which he was asked to remove and also did not have a license, which he was ordered to obtain, to teach. As well, and contrary to the testimony given, other tennis pros were not in opposition to the City's program, but in favor of it since it was a great source of their future business. It was also made clear through staff that the tennis 78-925 qity Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. instructors carrying out the City Program on taxpayers' property were in a contractual relationship with the City whereby the City retained 15 percent of the monies received thus covering all expenses. Councilman Kott thereupon referred to letters he had received in favor of the decision made by the Council which letters contained charges which he asked Mr. Ruth to speak to. He read several excerpts from the letters received basically questioning the use of taxpayer funds to support the economical tennis lessons provided by the City. At the conclusion of discussion and questioning, Mr. Ruth emphasized and reiterated his assurance that no public funds were used in any way to give tennis lessons and if it ever reached a point where tennis lessons were not self-supporting, his department would in- crease the percentage back to the City or increase the fees. It was his opinion that the existing fees, 85 percent of which went to the instructors and 15 percent retained to cover administrative costs, covered all costs of the program. MOTION: Councilman Kott thereupon moved to rescind Council action of July 11, 1978 altering the City's tennis program and reinstituting the program to its former state prior to July 11, 1978. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Overholt explained his feelings relative to what had transpired at the previous Council meeting and his attempt to delay action on Mayor Seymour's motion for one week so as to enable the Parks and Recreation Commission to have a hand in remedying any problems. He also emphasized for Mrs. White that he believed the advice given by the City's Commissions to the Council involves some of the most valuable time given by citizens of the community, and without compensation. Mayor Pro Tem Kaywood stated that she, too, had voted against the disruption of the tennis program and felt strongly about it and just as strongly about bypassing the Commission, something the Council was usually careful not to do. A vote was then taken on the foregoing motion. Councilman Seymour was absent. MOTION CARRIED. RECESS: By general consent, the Council recessed for 3 minutes enabling the Council Chamber to clear. (2:00 P.M.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (2:03 P.M.) 156: 12TH ANNUAL POLICE OLYMPICS - AUGUST 2-6, 1978: Detective James Watkins stated he was representing the Anaheim Police Officers participating in the Annual California State Police Olympics which this year were being held in Eureka, approximately 700 miles to the north. He gave a brief history of the Police Olympics and the prestige with which it was regarded and then noted the many events in which Anaheim Police Officers would participate. The previous year 49 officers participated in the Olympics held in Santa Ana and captured 23 medals from first to fifth place in each of their events. Since last year's event was so close, the number of participants was high because the officers were able to adjust their time according to their days off and vacation time. This year, there were 22 officers wishing to participate, down from 35 as stated 78-926 City Hall~ Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ ~:30 P.M. in his memorandum to the Council dated May 9, 1978 because of the time factor and distance involved. Detective Watkins explained that in the last two years, he approached the Council with the request to allow the officers to compete as representatives of the City, Police Department and Anaheim Police Association. The request only included time since the A_PA sponsored all of the Police Officers uniforms and expenses and $1,200 had already been forwarded for entrance fees. The request as indicated in his memorandum was to allow 22 officers to be able to be representatives of the City and compete in the Olympics on City business time. Prior to the last two years, the officers participated on their vacation time causing some personal problems which was also true for some of the officers participating this year. The majority of the officers who would be attending the Olympics were those who had competed and won medals in past years. Councilman Roth noted in Detective Watkins memorandum that he indicated the Chief of Police had supported and approved the concept this year. Dete6tive Watkins answered affirmatively and stated he had several meetings with the Chief who was working all factors with the department relative to scheduling of the officers. He had the Chief's approval to approach the Council with his request. MOTION: Councilman Roth stated he believed the program to be a fine one and Anaheim should be proud of the past performance of Anaheim's Police Officers. He thereupon moved to approve the request contained in the memorandum dated May 9, 1978, from Detective Watkins. Councilman Overholt seconded the motion for the purpose of discussion. Police Chief Harold Bastrup requested to make a statement and first remarked that he had always encouraged the participation of officers in any athletic programs. However, the Council, before acting on the request, should be aware of some of the factors and problems involved, and both the financial and opera- tional impact. If approved, the total cost to the City, for which he did not have money budgeted, would be $6,026. Participation of 22 officers would involve 352 hours of City business time or 44 working days equaling 352 hours times $10.51 average per hour = $3,700 with a burden of better than 62 percent amounting to $2,326. The Chief continued that if the officers would be participating on City business time, any injuries would become the City's liability. In addition, the same 22 officers had requested a total of 264 hours of vacation time, thus 22 officers would be absent from their assigned shifts for the following reasons: 352 hours - City business time; 264 - vacation time--total 616 hours. As discussed with Detective Watkins, the summer season was a bad time to have the Police Olympics for Anaheim. The 616 hours equated to 77 shifts of 8 hours. Although as previously stated, he encouraged the officers to participate in the Police Olympics if at all possible, he had to leave the matter to his Division Captains as to whether they could release the men to participate. One of the suggestions in Detective Watkins memorandum mentioned an increase in the utilization of reserve forces during that week and that there were no plans for any training days during that month. The Chief indicated he had problems in that area and was going to hold in abeyance the utilization of reserves. Although he would have to rely on his Operations Captains, he did not believe there would be a sufficient number of shifts of Police officers to fill their minimum of a 14 beat plan on days with only 8 or 9 men. He would have to make up that additional time in overtime to other Police 78-927 City Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. officers to cover the beat. As Chief of Police, he did not feel that he could commit his Division Heads to letting people off resulting in their shifts and operations running short. Upon questioning by the Council, Chief Bastrup relayed the following: he gave Detective Watkins approval to approach the Council with his request since he always recognized the financial and operations impact as something for the Council to decide in finality; he did not send a memorandum to the Council indicating his disapproval since it was just that morning when he was made aware of the May 9, 1978 memo received by the City Clerk on July 14, 1978; it was not difficult for the men to participate on their own time as well as to make changes of hours concerning the 1977 Olympics since they were held in Santa Ana, but participation in the 1976 Olympics in San Jose created a problem just as would be the case this year; for the last two years, he was not aware that the request to participate in the Police Olympics was on the agenda until after it passed; although he approved of the concept, he was bringing the facts to the Council as to what it would cost the ~itizens as well as his concerns over operation. Detective Watkins answered some of the Chief's concerns as follows: he did not feel that cost should be of great concern because whether or not officers parti- cipated, their salaries would still be paid if they took vacation time, compensa- tory time or work during that time. It was merely a different budget item for cost purposes and he did not believe there would be any additional financial burden on the taxpayers caused by participation in the Olympics by the officers. Relative to injuries, the officers would be doing something for which they had practiced for years and should be proficient enough to maintain their health for the length of time they would be competing. There had never been any claims for injuries by Police officers participating in the Olympics. Regarding whether or not there would have to be extra hires or overtime because of the absence of the Police officers, the matter would be up to the Chief and his Captains, but if the Chief was talking about patrol shifts, only 3 officers on 2 shifts and 2 officers on a third shift covering a 24-hour day would be involved. Mayor Pro Tem Kaywood suggested that the matter be continued one week for full Council action; Councilman Kott offered a substitute motion to that effect. Before further action was taken, Detective Watkins stated that they were pressed for time and it was also necessary for the Police Chief to know the decision. However, whether they were awarded City time or not, the officers would be going to the Police Olympics using their own vacation time. Councilman Kott reiterated his substitute motion for a one week's continuance for full Council action and in order to obtain more information. Councilwoman Kaywood seconded the motion. Councilman Roth thereupon withdrew his motion of approval of the request. A vote was then taken on the motion of continuance. Councilman Seymour was absent. MOTION CARRIED. 78-928 City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1978, 1:30 P.M. MINUTES: Approval of minutes was deferred for one week. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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 Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $539,543.63, in accordance with the 1978-79 Budget, were approved. 174: SUMMER YOUTH RECREATION PROGRAM GRANT - BUDGET ADDITION TO RECREATION DIVISION ALLOCATION: On motion by Councilman Roth, seconded by Councilman Overholt, appropriation of the sum of $7,704 received through the Summer Youth Recreation Program Grant to the 1978-79 Recreation budget for use in low-income areas (Account No. 01-270) was approved as recommended in memorandum dated July 12, 1978, from the Director of Parks, Recreation and the Arts Department. Councilman Seymour was absent. MOTION CARRIED. 153: CREATION OF NEW CLASSES - COMMUNITY DEVELOPMENT: Councilman Roth offered Resolution No. 78R-450 for adoption as recommended in memorandum dated July 12, 1978, by Personnel Director Garry McRae amending Resolution No. 77R-707 which established rates of compensation for unrepresented classes and creating new classes of Contracts Specialist, Housing Counselor and Senior Occupancy Specialist. Refer to Resolution Book. RESOLUTION NO. 78R-450: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-707 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED CLASS AND CREATING NEW CLASSES. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution No. 78R-450 duly passed and adopted. 167: TRAFFIC SIGNAL ASSESSMENT FEES: Report on recommendations regarding the establishment of fees or assessments for traffic signals in connection with Council Policy No. 214 (continued from the meeting of June 6 and 27, 1978). Mayor Pro Tem Kaywood suggested that action be continued on the matter for one week for full Council action. Councilman Roth recommended that input from the Chamber of Commerce also be ob- tained relative to the subject fees. On motion by Councilman Kott, seconded by Councilman Overholt, establishment of fees or assessments for traffic signals in connection with Council Policy No. 214 was continued for one week. Councilman Seymour was absent. MOTION CARRIED. 78-929 City Ha~l, Anaheim, California - COUNCIL MINUTES - July 18~ 1978, 1:30 P.M. 167: REQUEST FOR REFUND OF TRAFFIC SIGNAL ASSESSMENT FEES: Request by Lynn E. Thomsen for a refund of Traffic Signal Assessment fees in connection with Council Policy No. 214, relating to property located at 434 South Euclid (continued from the meeting of July ll, 1978). On motion by Councilman Roth, seconded by Councilwoman Kaywood, action on the subject request was continued for two weeks at the request of Mr. Thomsen. Councilman Seymour was absent. MOTION CARRIED. 150: REPORT ON USE OF GLOVER STADIUM: (requested by the Council at the June 27, 1978 meeting) Mr. James Ruth briefed the Council on his memorandum dated July 12, 1978 regarding the scheduling of Glover Stadium, particularly as it related to Servite High School. On motion by Councilman Kott, seconded by Councilman Roth, report on the use of Glover Stadium dated July 12, 1978, from the Director of Parks, Recreation and the Arts, was received and filed. Councilman Seymour was absent. MOTION CARRIED. 169: AWARD OF CONTRACT - STREET LIGHTING I~ TRACT NO. 1404~ ASSESSMENT DISTRICT NO. 77-1: (Account No. 01-921-7121-6992-3730) Councilman Overholt offered Resolution No. 78R-451 for adoption, awarding a contract to the low bidder in accordance with the recommendations of the City Engineer in his memorandum dated July 12, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-451: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: INSTALLATION OF STREET LIGHTING IN TRACT NO. 1404, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-921-7121-6992-3730. (Smith Electric Supply, $10,458) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour The Mayor Pro Tem declared Resolution No. 78R-451 duly passed and adopted. On motion by Councilman Roth, seconded by Councilman Overholt, the transfer of funds from the Federal General Revenue Sharing Fund (Program 24-676) to the General Fund (Program 01-921) was authorized. Councilman Seymour was absent. MOTION CARRIED. 174: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAWIDE WATER SYSTEM - PROJECT AREA III - ACCOUNT NO. 58-4864-683-49-0300: On motion by Councilman Roth, seconded by Councilman Overholt, award of the subject contract was continued for one week as requested in memorandum dated July 12, 1978, from the City Engineer. Councilman Seymour was absent. MOTION CARRIED. 78-~30 ~.ity Hal.l, Anaheim, California - COUNCIL MINUTES - July 18, 19787 1:30 P.M. 174: COMMUNITY DEVELOPMENT BLOCK GRANT IMPROVEMENT: (Account Nos. 46-792-635-2020 and 25-793-6325-3050, 3060, 3070, 3080, 3090 and 3100) On motion by Councilman Roth, seconded by Councilman Overholt, award of the subject contract was continued one week as recommended in memorandum dated July 11, 1978, from the City Engineer. Councilman Seymour was absent. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE 500 KVA PADMOUNT TRANSFORMER - BID NO. 3437: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the low bid of General Electric Company was accepted and purchase authorized in the amount of $5,320.14, including tax, as recommended by the Purchasing Agent in his memoran- dum dated July 12, 1978. Councilman Seymour was absent. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - 1,026 FEET OF 18" DUCTILE IRON PIPE AND MAIN LINE PIPE FITTINGS - BID NO. 3436: On motion by Councilman Overholt, seconded by Councilman Roth, the low bid of Pacific States Cast Iron Pipe for 1,026 feet of 18" ductile iron pipe was accepted and purchase authorized in the amount of $16,709.27, including tax, and the low bid of U. S. Pipe and Foundry for main line pipe fittings was accepted and purchase authorized in the amount of $5,086.90, including tax, as recommended by the Purchasing Agent in his memorandum dated July 12, 1978. Councilman Seymour was absent. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE XEROX 4000/LIBRARY AND ONE XEROX 4500/CONVENTION CENTER: On motion by Councilman Roth, seconded by Councilman Overholg, the bid of the Xerox Corporation was accepted and purchase of the subject units authorized in the amount of $19,625, including tax, as recommended by the Purchasing Agent in his memorandum dated July 12, 1978. Councilman Seymour was absent. MOTION CARRIED. (The subject purchase represented a conversion from rental to purchase on both units.) 150: CULTURAL ARTS SPECIAL STUDY COMMITTEE: Mr. Earl Dahl, Chairman, Cultural Arts Special Study Committee, stated that approximately 13 sessions had been conducted relative to the Cultural Arts Needs Assessment Study and he believed the report dated June 14, 1978 (on file in the City Clerk's Office) by Edmund Carlson Associates to be an excellent one representing a wide range of people within the City. He considered it to be perhaps the most complete report they had been able to accomplish. He thanked all those who had participated and noted that Mr. Carlson was present to answer any questions as to the technical aspect of the report. Councilman Kott thereupon posed a number of questions to Mr. Carlson relative to his report which contained statistical data. Mr. Edmund Carlson, Edmund Carlson Associates, Inc., explained for Councilman Kott how the various samplings were conducted (see report - Introductions - Item B), especially regarding Items 2 and 3 of the samplings involving personal interviews with community leaders (50) and random telephone interviews (500). Councilman Kott took issue with the findings on Page 3 of the report, number 2 under summary--present situation, wherein it was indicated that the 50 personal interviewees felt strongly (89 percent) that the existing programs were inadequate, but failed to mention the personal interview results in the other phases of the 78-93 1 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. study. He maintained that if what was done to one portion of the study was not done to another portion, it was biased. He concluded on that basis therefore and on the basis of what Mr. Carlson stated about the corporate people interviewed and those involved in the Arts, that it did not represent a cross-section of the population of the City. He did not consider it to be intellectually honest to say in Item 2, aforementioned, what the personal interviewees felt because it was in favor of an obviously biased report, yet no mention was made in other portions of the report because the personal interviews would not have favored Mr. Carlson's conclusion. Mr. Carlson explained that in the design of the study, there were five questions asked of all sources. They could not ask the same questions totally by mail and telephone, but could be asked at in-depth personal interviews. When asking the same five questions to individuals on the telephone, individuals responded who were property owners, apartment owners, etc. The same were asked of 50 community leaders, then collated and a response made according to that process. Based on his 20 years experience in the Arts and in working with cities,' in his estimation the process was more than adequate. Greater in-depth information could be obtained from personal interviews. Mr. Carlson continued that in the past 6 months he worked closely with the 29 member committee who approved and worked through every step taken including the design and approval of questionaires, selection of the sample, breakdown ~f the tabulation of the sample, writing of the report and the conclusions and recommendations pre- sented to the Council. He purposely felt it was important to work closely with the Committee realizing there would be someone who would challenge them saying the report was not professional for various reasons. There was no question in his mind that what they had done represented not only a professional job, but also a great deal more had been accomplished than contracted for. Councilman Kott thereupon asked for additional clarification relative to other portions of the report with which he took issue and to which Mr. Carlson responded. At the conclusion of discussion, Mr. Carlson stated that the major job had been accomplished relative to the goal of the City. The report was designed to be a working program and he encouraged activity and action relative to it because he believed that the people in the community, both on the committee and elsewhere, wanted to see a comprehensive program initiated. The plan outlined exactly what needed to be done and with the endorsement of the City Council, the situation could be improved greatly with Anaheim becoming a major center for the Arts in the future. Councilman Kott stated that he appreciated Mr. Carlson's efforts and believed he did the job as he saw it and probably had been doing it and had no quarrel with him as an individual. However, from his point of view, he did not accept the report as one based on sampling--statistically it was not credible. Mrs. Elsie Reed, Arts Council, former member of the Foundation for Culture and the Arts, Mr. Bernard Smith, former Cultural Arts Commissioner, member of the Founda- tion for Culture and the Arts, and Mrs. Vi Wheeler, former Cultural Arts Commissioner, Arts Council, Anaheim Art Association, and Ana-Modjeska Players, expressed their satisfaction with the Cultural Arts Needs Assessment Survey and Plan and with the 78-922 City Hall, Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. recommendations contained therein. Mrs. Wheeler also added that she believed it to be a disservice to the community not to take affirmative action on the report and the recommendations because the City was well past the need for something to be done in the area of the Arts. The following people also offered comments relative to the report and related matter: Mr. John Malmquist, past President of the Anaheim Foundation for Culture and the Arts, took issue with some of the statements made, the first being that the Foundation voted unanimously for the report whereas it was unanimous among those members of the Foundation who were members of the committee. He also main- tained that the report should have been given to anyone who was interested in working with the Foundation. As well, he was under the impression that people were going to be interviewed relative to instituting the umbrella concept, but as yet he had seen no applications. Mrs. Gladys Wallace questioned the year's extension of the Arts remaining under the jurisdiction of the Parks and Recreation Department with the umbrella concept close to being initiated. Mrs. Leta Archer, Arts Council and Foundation for Culture and the Arts, first stated that she had received two telephone calls that morning from members of the Board of Directors of the Foundation indicating they had not seen the report. If those members were unable to be at the meeting, she was to request Eouncil to postpone any action until the Board could read the report in its entirety. Mrs. Archer then answered several questions posed by the Council relative to the financial support given to the Foundation in conducting their program at the Cultural Arts Center on Harbor Boulevard as well as maintenance of that building which is performed by the City's Property Maintenance Department. Upon questioning by Councilman Overholt, Mrs. Archer stated that she did attend the last meeting of the Special Study Committee, but did not vote because no vote was taken while she was present. Two Foundation Board members were in attendance, but she did not know how they voted. In summary, Mr. Dahl stated that he had served on the Cultural Arts Commission for a number of years and many times attempted to get ideas and groups together even meeting with the Council, but they had not been able to establish credibility. The study represented the biggest sampling ever taken in the City which he believed to be quite good. He did not want to argue about tests and measurements; his greatest concern was for the future of the City and the future of the Arts in the City in the next decade and thereafter. Mr. James Ruth stated that he attended every one of the meetings for the last several months and he saw, for the first time, a unanimity of purpose amongst the Arts group in the community, a lot of wounds were healed and a lot of bad information was clarified. Perhaps most important was the thrust or moving away from the public sector and towards the private sector in terms of financing the Arts. If the Arts are to be expanded or enriched, such movements might have 78-933 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. to come from the private sector. Finally, and most significant, the Council gave a charge to look at the Arts situation in the community. It was his con- tention that the report, as unanimously approved by the Committee, provided that vehicle. It contained a broad based community representation and corporate representation not dominated by City employees or any one particular group. It was a sincere effort to involve the community in the private sector as well as the organization to come up with an umbrella organization to oversee the Arts and to give a sense of direction in the future. Those were the positive things that he saw evolve from the effort and he was proud to be a small part of it. He recognized that statistically, a number of things could be challenged. The effort however was not to cover up or to minimize anything but to get as much input within the time constraints and financial resources to give the Council guidance and direction and hopefully for the community to gain some positive direction for the Arts. Councilman Kott asked why the original report was marked confidential; Mr. Ruth stated it was the Committee's feeling that it remain so until finalized and appropriate changes made. They did not want the report released to the public before those changes. Councilman Kott emphasized that was his point, when performing a statistical analysis it should be done without going to a meeting and asking if the committee liked it or changing it accordingly. MOTION: Councilman Overholt stated he was a member of the Committee from its inception up to the second to last meeting at which time he resigned having been elected to Council. At the last meeting when the report was finalized, he ob- served that the formation of the Special Committee in and of itself had a great impact on the City. It represented people with aggressive, divergent views especially in years past who came together and, with the approval of the Council and Redevelopment Agency, worked with a very professional person whose credentials were scrutinized by the Council and Agency before he was hired. The community worked with him as a sounding board to assist him in getting to know Anaheim much more rapidly than he otherwise could. Credit was to be extended to the people who participated. His understanding at the present time was that the report be received and filed and that the Council approve it in concept without involving any financial implementation at this time. He thereupon offered a motion that the Carlson report, Needs Assessment Survey and Plan be received and that the recommendations be approved in concept. Councilman R0th seconded the motion. Before a vote was taken, Councilman Overholt noted that approving the plan in con- cept at this point would give an opportunity for the Foundation Board to look at it in more detail as well as the Art Association providing an opportunity for in- put in striving toward bettering the cultural climate in Anaheim. A vote was then taken on the foregoing motion. Councilman Kott voted "no". Councilman Seymour was absent. MOTION CARRIED. Councilman Kott commented that he agreed with the conclusions, but did not agree with the basis for the conclusions as indicated in the report. He considered it extremely biased and, in his opinion, not done professionally for the reasons stated previously. 78-934 C~i.t.y Hail., Anaheim, California - COUNCIL MINUTES - July 18, 1978, 1:30 P.M. RECESS: By general consent, the Council recessed for 10 minutes. (3:40 P.M.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (3:50 P.M.) 104: CONTINUED PUBLIC HEARING - REFORMATION OF STREET LIGHTING MAINTENANCE DISTRICT 1972-1: To consider objections to the reformation of Street Lighting Maintenance District 1972-1 as Street Lighting Maintenance District 1972-1-B in Tract No. 1959. (continued from June 27, 1978) City Manager Talley announced that the Director of Public Works had provided a report relative to the matter and recommended adoption of a resolution levying an assessment on each lot and parcel of land contained in Street Lighting Mainte- nance District 1972-1-B in the amount of $20.17 for the contract year commencing July 1, 1978 and ending June 30, 1979. Mayor Pro Tem Kaywood asked if anyone wished to speak to the mattgr either in favor or in opposition; there being no response, she closed the public hearing. Councilman Roth offered Resolution Nos. 78R-452 and 78R-453 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF ANAHEIM DECLARING THAT THERE WAS NOT A MAJORITY PROTEST AGAINST STREET LIGHTING ASSESSMENT DISTRICT 1972-1-B, TRACT NO. 1959. RESOLUTION NO. 78R-453: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHT- ING MAINTENANCE DISTRICT 1972-1-B FOR THE CONTRACT YEAR JULY 1, 1978 TO JUNE 30, 1979, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LfGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour The Mayor Pro Tem declared Resolution Nos. 78R-452 and 78R-453 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1839: Application by Leonard G. Muskin and Donald T. Leahy, to permit an automobile rental agency on CL zoned property located at 2132 South Harbor Bouelvard with code waivers of: a) minimum landscaping adjacent to a street b) ~maximum fence height The City Planning Commission, pursuant to Resolution No. PC78-125, declared that the subject project be exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act since there would be no significant individual or cumulative adverse environ- mental impact due to this project and further granted Conditional Use Permit No. 1839, subject ~to the following conditions: 78-9~5 City Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M~ 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of three and one-half dollars ($3.50) per front foot along Harbor Boulevard for street lighting purposes. 3. That the owner(s) of subject property submit a letter requesting the termina- tion of Conditional Use Permit No. 1087. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that the two driveways onto Acama Street shall be removed and replaced with standard curb, gutter and sidewalks and that the 5-foot high existing fence shall be extended to eliminate all access to Acama Street. 5. That Condition Nos. 2 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition Nos. 1 and 4, above-mentioned, shall be complied'with prior to final building and zoning inspections. Appeal of Condition No. 4 of Planning Commission Resolution No. PC78-125 was filed by the applicant and public hearing scheduled this date. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Mayor Pro Tem Kaywood asked if the applicant or applicant's agent was present and desirous of being heard. Mr. Saul Eisman, 564 Silverado Way, stated he wished to appeal the elimination of the southeast driveway on Acama Street to the rear of the property. They felt it would be useful to have the driveway open for the following reasons: (1) a gasoline pump and storage tank would be located on the premises and gas trucks would have difficulty backing out onto Harbor thus creating a traffic hazard. (2) By going north on Acama and west on Orangewood to Harbor where a stop light control existed would be a safer way to make left and right-hand turns rather than in the middle of the block on Harbor. (3) Acama Street on the east side contained an adult apartment complex so that no children would be playing in the street. The street also dead-ended at the south end and thus it was not heavily travelled. (4) The two businesses to the north and south of the location had egress onto Acama. (5) The number of cars egressing through the subject property onto Acama would be small. Mr. Eisman continued that in the staff report submitted to the Planning Commission, the Traffic Engineer's finding and recommendation was to eliminate one of the two driveways. They wanted to block the northeast driveway with a 5-foot wall and 78-9~6 ~.ity Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. leave the existing driveway to the north in its present configuration. They maintained that closing off both driveways with all traffic routed through Harbor Boulevard would add to the congestion of cars coming onto and leaving their property. Councilman Roth asked for clarification from Mr. Eisman wherein he stated that he would agree to block off the northeast driveway and retain only the north driveway. Mr. Eisman corrected his statement and clarified it was the south driveway and not the north driveway they wished to have remain open. There being no further persons who wished to speak either in favor or opposi- tion, the Mayor Pro Tem closed the public hearing. Mayor Pro Tem Kaywood questioned the wall that would be used to block the northeast driveway. ' Mr. Eisman showed a rendering of the proposed wall and, at the request of the Mayor Pro Tem, explained what they were going to do relative to the wall. At the conclusion of discussion, Traffic Engineer Paul Singer agreed that their proposal relative to the wall was now in accordance with recommendations he made in the staff report, i.e., is a reduction of the wall to 30 inches~from 60 inches to provide visibility for at least 150 feet thus eliminating waiver "b", maximum fence height. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: on motion by Councilman Roth, seconded by Councilman Kott, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 78R-454 for adoption, approving Condi- tional Use Permit No. 1838, reversing the City Planning Commission recommendation relative to Condition No. 4, and amending same with the north driveway to be closed and the south driveway to remain open with a reduction in the five foot high existing fence to 30 inches to provide visibility for a minimum of 150 feet thus eliminating waiver "b", and subject also to the remaining City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 78R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1839. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour The Mayor Pro Tem declared Resolution No. 78R-454 duly passed and adopted. 78-937 City Hall, Anaheim, California - COUNCIL MINUTES - July 18, 1978~ 1:30 P.M. ANAHEIM REDEVELOPMENT AGENCY - RECONVENED: Chairman Pro Tem Kaywood called the Anaheim Redevelopment Agency to order at 4:00 P.M. for the purpose of conduct- ing a 3oint Public Hearing on the Participation Agreement between the Agency and Pacific Southwest Realty Company. All Agency Members present with the exception of Mr. Seymour. 161.123: PARTICIPATION AGREEMENT - PACIFIC SOUTHWEST REALTY COMPANY: To con- sider a proposed amendment to the Participation Agreement between the Agency and Pacific Southwest Realty Company, for sale of real property located at the southeast corner of Lincoln Avenue and Harbor Boulevard within Redevelopment Project Alpha, to include all of Oak Street in the site. Written report from the Executive Director was previously submitted to the Council/Agency Members. In addition, Mr. Priest verbally summarized that the primary reason for this hearing to consider an amendment to the existing parti- cipation agreement is to incorporate into that agreement a portion of land, an additional piece of Oak Street now abandoned, not originally included. Mr. Priest explained that the inclusion of this additional portion of land will allow Pacific Southwest Realty Company to make up a parking deficit of ten spaces on their site; it will also help to correct a projected traffic problem with access to the drive-in portion of the project from Helena Street and, in addition, will allow the structure itself to be moved further back from the street providing a much nicer looking landscaped setback area. The additional portion of property is proposed to be sold to Pacific Southwest Realty Company for the sum of $35,000. He noted that representatives of Pacific Southwest Realty Company were present to answer any questions as well as Mr. Bruce Ballmer of the Agency Special Counsel's Office. Chairman Pro Tem Kaywood asked if anyone wished to address the Agency/Council Members either in favor or opposition, there being no response, she closed the public hearing. In response to Councilman Kott's questions, Mr. Priest reiterated that the amendment was brought about to include a portion of property not originally in the Pacific Southwest Realty site, and that this is partially due to the fact that staff's original thinking was that a major parking structure might be located in this block. This plan has since been reevaluated and they believe the amendment would allow a far more attractive site for Pacific South- west Realty Company. Mr. Ballmer assured Councilman Kott that the proposed license agreement which provides insurance and indemnification for both Agency and City for any activities on the property, as well as for the elimination of improvements by the participant in the event the property is not ultimately conveyed, is · perfectly proper and legal. Agency Member Overholt offered Resolution No. ARA78-82 for adoption. 78-938 City Hall~ Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. RESOLUTION NO. ARA78-82: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING THAT THE INFORMATION CONTAINED IN THE INITIAL STUDY ON THE PROPOSED FIRST AMENDMENT TO PARTICIPATION AGREEMENT BETWEEN THE AGENCY AND PACIFIC SOUTHWEST REALTY COMPANY HAS BEEN REVIEWED AND CONSIDERED; AND DETERMINING THAT NO NEGATIVE DECLARATION, SUBSEQUENT EIR OR SUPPLEME~ TO THE EIR IS REQUIRED. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour Chairman Pro Tem Kaywood declared Resolution No. ARA78-82 duly passed and adopted. Mr. Priest explained that the actual first amendment as written ~peaks to the landscaping plan being approved concurrently with the amendment and since these have not yet been submitted, suggested the language of Section 400 o~f the pro- posed first amendment to the Participation Agreement be changed to read: "The combined area of such (landscaped) easements shall be 800 feet, and shall be generally located as shown on landscape plans to be approved by the Agency." Mr. Roth offered Resolution No. ARA78-83 for adoption, with the modification to language of the first amendment as outlined by Mr. Priest. RESOLUTION NO. ARA78-83: A RESOLUTION OF THE ANAKEIMREDEVELOPMENT AGENCY FINDING THAT THE CONSIDERATION FOR THE SALE OF CERTAIN REAL PROPERTY IN REDEVELOPMENT PROJECT ALPHA IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; APPROVING THE SALE OF SAID PROPERTY TO PACIFIC SOUTHWEST REALTY COMPANY; APPROVING THE FIRST AMENDMENT TO PARTICIPATION AGREEMENT PERTAINING THERETO; AND AUTHORIZING THE EXECUTION OF SAID FIRST AMENDMENT TO PARTICIPATION AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour Chairman Pro Tem Kaywood declared Resolution No. ARA78-83 duly passed and adopted. Mr. Roth offered Resolution No. ARA78-84 for adoption. RESOLUTION NO. ARA78-84: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING THE TERMS AND CONDITIONS OF A TEMPORARY LICENSE AGREEMENT. Roll C~ll Vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour Chairman Pro Tem Kaywood declared Resolution No. ARA78-84 duly passed and adopted. 78-939 City Hall~ Anaheim, California - COUNCIL MINUTES - July 18, 1978, 1:30 P.M. On motion by Mr. Roth, seconded by Mr. Overholt, the site plan and final con- struction drawings, excluding landscaping and signing plans, were approved. Mr. Seymour absent. MOTION CARRIED. Mr. Priest explained the recormnendation that he, as Executive Director, be authorized to extend the terms of the License Agreement with Pacific Southwest Realty Company for a period of aixty days to preclude any difficulties in the event there is a holdup in the eacrow process. Following brief discussion during which Mr. Roth noted that he would be willing to grant such authorization for a period of thirty days, as he has never in his experience encountered an escrow modification which could not be processed in thirty days, Mr. Priest concurred that the thirty-day period would certainly be sufficient. On motion by Mr. Roth, seconded by Mr. Overholt, the Executive ~irector of the Redevelopment Agency was authorized to extend the Temporary License Agreement with Pacific Southwest Realty Company for a period of thirty days if necessary in the event of delay in escrow. Mro Seymour absent. MOTION CARRIED. Councilman Roth offered Resolution No. 78R-455 for adoption. Refer to Resolu- tion Book. RESOLUTION NO. 78R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THAT THE INFORMATION CONTAINED IN THE INITIAL STUDY ON THE PROPOSED FIRST AMENDMENT TO PARTICIPATION AGREEMENT HAS BEEN REVIEWED AND CONSIDERED; DETERMINING THAT NO NEGATIVE DECLARATION, SUBSEQUENT EIR OR SUPPLEMENT TO EIR IS REQUIRED; FINDING THAT THE CONSIDERATION FOR THE SALE OF PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID FIRST AMEND- MENT TO PARTICIPATION AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour Mayor Pro Tem Kaywood declared Resolution No. 78R-455 duly passed and adopted. ANAHEIM REDEVELOPMENT AGENCY ADJOURNMENT: There being no further business to come before the Anaheim Redevelopment Agency, Mrs. Kaywood moved to adjourn. Mr. Overholt seconded the motion. MOTION CARRIED. ADJOURNED: 4:23 P.M. 78-940 City Hall, Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. 170: TENTATIVE TRACT NOS. 9171 AND 9172 (REV. 1) - EXTENSION OF TIME AND APPROVAL OF SPECIFIC PLANS: Submitted by Madole and Associates, Inc. and Jean-Paul Jean, requesting an extension of time and approval of final specific floor plans, elevations and plot plans for Tentative Tract Nos. 9171 and 9172 (Rev.1) to establish respective tracts of 28 and 25-1ot RS-HS-5000(SC) zoned subdivisions on property located between La Palma Avenue and Esperanza Road, west of the northerly extension of Weir Canyon Road. Miss Santalahti clarified several questions relative to the request for exten- sion of time as posed by Councilman Kott. As well, Mayor Pro Tem Kaywood noted the conflicting number of lots from 25 to 22. Mr. John Little, Madole Associates, stated the reason they reduced the number of lots on the one tract (9172) was due to the fact that they proposed to extend the cul-de-sac from the adjacent tract, but they did not get approval in time and the cul-de-sac was constructed. Thus, 3 lots had to be eliminated and he confirmed that Tract No. 9172 now contained 22 lots. On motion by Councilman Roth, seconded by Councilman Kott, extension of time to August 10, 1979 was approved on Tentative Tract Nos. 9171 and 9172 (Rev. 1)-- Tract No. 9172 consisting of 22 lots, as well as approval of final specific floor plans, elevations and plot plans for those two tracts. Councilman Seymour was absent. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1545 - TERMINATION: Submitted by Santa Ana Animal Clinic, requesting termination of Conditional Use Permit No. 1545, to permit a veterinary hospital on property located on the south side of Santa Ana Canyon Road, west of Fairmont Boulevard. Councilman Roth offered Resolution No. 78R-456 for adoption, as requested by the petitioner and as recommended by the Assistant Director for Zoning in memorandum dated July 12, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1545 AND DECLARING RESOLUTION NO. 75R-704 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour The Mayor Pro Tem declared Resolution No. 78R-456 duly passed and adopted. 148: ORANGE COUNTY HEALTH PLANNING COUNCIL - RECONFIRMATION OF CURRENT REPRESEN- TATIVE: Request by the Orange County Health Planning Council for reconfirmation of the current representative, William F. Daly, to the Assembly of Delegates, and appointment of an alternate delegate was presented. Councilman Roth indicated his understanding that Mr. Daly had moved from Anaheim to Brea and, if so, recommended that the matter be continued for one week for confirmation since the delegate is required to live in the City. 78-9z 1 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. On motion by Councilman Roth, seconded by Councilman Kott, reconfirmation of the current representative and appointment of an alternate delegate to the Orange County Health Planning Council was continued one week. Councilman Seymour was absent. MOTION CARRIED. 167: ASSESSMENT OF TRAFFIC LIGHT FEES ON NEW DEVELOPMENTS: (Sunset Construction) The Deputy City Clerk announced that a written request had been received during the meeting from Sunset Construction asking that the subject be continued until the next regular meeting or until the Council reviewed the report regarding the establishment of such fees. On motion by Councilman Roth, seconded by Councilman Kott, the subject request regarding the charge for traffic light fees on new developments was continued for one week or until the Council review of the report regarding establishment of fees. Councilman Seymour was absent. MOTION CARRIED. 162: SAFETY AND WELFARE OF ANAHEIM CITIZENS: Request by Mr. F~ed Brown to address the Council. Mr. Fred Brown, 1531 Minerva, stated that a matter he felt critical to the safety and well being of the citizens of the community as well as visitors involved aviation regulations and flight patterns over the primary tourist areas of the City. In talking recently with the Federal Aviation Board, Anaheim'Police Department and members of the staff of the Los Angeles County Board of Super- visors, he was informed that in Los Angeles there was an ordinance prohibiting small, private commercial planes from flying over such facilities as Dodger Stadium, Hollywood Bowl and the Coliseum during sporting or other events to preclude accidents from occurring and loss of life. What prompted him to approach the Council was the fact that on July 4, 1978, he was disturbed to note 55 private aircraft flying in every direction imaginable over such fanilities as the Stadium, Disneyland and the general community where fireworks displays were taking place. The count of aircraft was affirmed by his neighbors. The next morning he called the Police Department and the Federal Aviation Agency (FAA) and asked what the ceiling was for flight patterns over the City and if pilots were breaking the rules. The FAA reported there were no regulations prohibiting the number of aircraft in that small area, but there were unwritten rules which pilots followed not to fly in an area that is congested. The Anaheim Police Department informed him they had been notified on many occasions by representatives from Disneyland and the Stadium as well as other people through- out the community that aircraft were flying under 500 feet constituting a hazard. Mr. Brown continued that the ceiling in the City of Anaheim is different in two locations; 2,000 feet maximum in the Santa Ana Canyon above the highest level and in the Disneyland-Convention Center area with a tremendous concentration of people, the ceiling was 1,000. He therefore asked that the Council give consideration to adopting an ordinance, if it was in their power to do so, or to petition the FAA to prohibit or limit private planes from either flying over those facilities during fixed hours or seriously restricting the amount of aircraft which could be in a geographic radius of those facilities. 78-942 City Hall.~ Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. MOTION: Councilman Roth clarified that in the flat land, the 1,000 foot minimum ceiling was 1,000 from the highest structure. Disneyland Hotel's newest structure was approximately 400 feet thus raising the ceiling to 1,400 feet. He also noted that the FAA maps indicating certain restricted areas did not indicate any re- strictions over the areas outlined by Mr. Brown. He considered Mr. Brown's presentation and recommendation to be a good one and thereupon moved to direct staff to contact the FAA relative to the placement of a restriction of air flights over the Disneyland/Stadium/Convention Center area. Councilwoman Kaywood seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Mayor Pro Tem Kaywood asked that in the future when Mr. Brown requested to address the Council, that he also indicate the nature of his presentation so that the Council might be prepared with documentation, if necessary, to answer any questions. 175: AMENDMENT TO INTEGRATED OPERATIONS AGREEMENT WITH SOUTHERN CALIFORNIA EDISON: Public Utilities Board recommendation for an amendment to the Integrated Operations Agreement with Southern California Edison and authorization for the Utilities Director to execute the letter agreement (necessary to correct a typographical error). Councilman Overholt offered Resolution No. 78R-457 for adoption as recommended in memorandum dated July 7, 1978 from the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 78R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO THE INTEGRATED OPERATION AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY AND AUTHORIZING AND DIRECTING THE UTILITIES DIRECTOR OF THE CITY OF ANAHEIM TO EXECUTE SAID AMENDMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution No. 78R-457 duly passed and adopted. 175: SERVICE ESTABLISHMENT AND RECONNECTION CHARGES - ELECTRIC AND WATER: Public Utilities Board recommendation for establishing a Service Establishment Charge of $5; increase present Reconnection Charge from $2 to $12; and establish an additional charge of $5 for same day or "after hours" service. Upon questioning by the Council, Mr. Gordon Hoyt, Utilities Director, stated that the charges involved electric and water; however, when turning on both water and electric, the charge would be levied one time and not twice. When only turning on either one, the charge would still be the same. Relative to the Service Establish- ment Charge and same day service charge, they were now in accord with Edison Company charges, but the reconnection charge was different, Edison's being $5. The charge was strictly for customers who had previously been disconnected for non-payment of billing. In this instance, they were recommending the charges be established so that the people incurring the cost and causing the work to be done would be the ones paying the charge and not other customers. 78-9~3 City ~al.1, Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. Councilman Kott stated that in order to comply with the idea of having lower or the same rates as Edison, he asked Mr. Hoyt if the users of electricity would be given a subsequent reduction in the cost of electricity equivalent to the amount of money that would be taken in by the new user fee. Mr. Hoyt stated that he did not make that recommendation and confirmed for Councilman Kott that the fee would generate $240,000 a year total for water and electric. A brief Council discussion followed with Mr. Hoyt who further clarified the proposed fees, at the conclusion of which Mrs. Pat Clancy, 303 North Bush, spoke to the matter. As an apartment owner, Mrs. Clancy questioned whether she would be charged $5 for a Service Establishment Fee if she called to have the electricity left on after a tenant moved for purposes of cleaning and preparing the apartment for the next tenant. As well, she asked if the same would hold trae for a tenant moving in and asking the Utilities not to disconnect former service but instead transfer it to the new name. Since no additional trip was necessary by the Utilities, it was therefore only a paper transaction. It was determined that a charge would be involved in both cases because, as Mr. Hoyt pointed out, a new account had to be established whether for one week or for 20 years. Councilman Roth interjected that, as well, a special meter reading had to be taken by Utility personnel. Councilman Kott reiterated that he could not support the recommendation if no consideration was given to lowering rates. Councilman Overholt offered Resolution Nos. 78R-458 and 78R-459 for adoption as recommended in memorandum dated July 7, 1978, by the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 78R-458: A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 71R-478 AND AMENDED BY CITY COUNCIL RESOLUTION NOS. 73R-25, 73R-373, 73R-531, 74R-75, 74R-630, 75R-243, 75R-344, 75R-345, 76R-41, 76R-377, 76R-528, 76R-817, 77R-464 AND 77R-628. RESOLUTION NO. 78R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AMENDED BY RESOLUTION NOS. 73R-255, 73R-387, 73R-532, 74R-433, 75R-315, 75R-469, 74R-479, 76R-378, 78R-418 AND 78R-419. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution Nos. 78R-458 and 78R-459 duly passed and adopted. 78-944 City Hall~ Anaheim, California - COUNCIL MINUTES - July 18, 1978~ 1:30 P.M. 123: EMPLOYMENT OF R. W. BECK AND ASSOCIATES - ELECTRIC RATE MATTERS, UTILITY RELATIONSHIPS WITH SOUTHERN CALIFORNIA EDISON: Public Utilities Board recom- mendation to employ R. W. Beck and Associates as technical and engineering consultants in connection with electric rate matters and utility relationships with Southern California Edison Company and authorization for the Utilities Director to execute said agreement. Mr. Hoyt explained that the recommendation was a continuation of a relationship that the City had with R. W. Beck over the last 10 years. The new agreement provided for their employment on an hourly basis and if they were not specifically asked for their services, the City would not be billed on any particular project. A significant change from the last agreement dealt primarily with the insurance section and the City Attorney's office and R. W. Beck and Associates had worked out a better arrangement which was satisfactory to the City Attorney. Assistant City Attorney Frank Lowry confirmed that the insurance portion of the agreement was now in conformance with the present City policy whereas that was not the case previously. Councilman Roth offered Resolution No. 78R-460 for adoption as recommended in memorandum dated July 10, 1978, from the Public Utilities Board. Refer to Resolution Book. RESOLUTION NO. 78R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH R. W. BECK AND ASSOCIATES FOR ENGINEERING SERVICES, AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Roth and Kaywood NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Resolution No. 78R-460 duly passed and adopted. 175: SWIMMING POOL PUMP OFF-PEAK OPERATION PROGRAM: Public Utilities Board recommendation that the Utilities Director be authorized to initiate and implement the Swimming Pool Pump Off-Peak Operation Program, execute and enter into Customer Energy Conservation Agreements and agreement for related promo- tional brochure and authorize incentives for customer participation. Upon questioning, Mr. Hoyt briefed the Council on the proposed program as out- lined in detail in a memorandum dated July 10, 1978. Councilman Roth noted that increasingly in the Hill and Canyon area instead of individuals having swimming pools, they belonged to an association. He hoped that the Energy Services Manager would contact the Homeowners Associations and also implement the same program in all swimming pools throughout the Canyon. Mr. Hoyt con- firmed that they would do that, but believed that the pools might be classified as commercial and thus would have different Health Department requirements than a residential, private pool. Councilwoman Kaywood also suggested that when the proposed mailing was made relative to the new program, that something striking be used on the envelope as an attention getter. 78-9~5 City ~all.~ Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. On motion by Councilman Roth, seconded by Councilman Overholt, the Utilities Director was authorized to initiate and implement the Swimming Pool Pump Off-Peak Operations Program; execute and enter into customer energy conserva- tion agreements; as well as agreement for related promotional brochure; and approved the proposed incentives for customer participation. Councilman Kott voted "no". Councilman Seymour was absent. MOTION CARRIED. Councilman Kott did not believe the program to be a practical one. 175: BLACKOUT IN CANYON AREA: Councilman Roth asked Mr. Hoyt the cause of the blackout in a portion of the Santa Ana Canyon area on Friday, July 14, 1978, between 5:00 and 6:30 p.m. as he had received many requests for assis- tance when it occurred. Mr. Hoyt did not know the cause specifically, but suspected it was due to the high temperature conditions. He explained that in excess of 50 distribution transformers failed Friday and Saturday resulting in a number df power outages as experienced by every other electric utility during the extreme weather conditions. Councilman Roth requested a brief report on the matter. RECESS: By general consent, the Council recessed for 5 minutes. (5:05 P.M.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (5:10 P.M.) CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, 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 M. Rashit for monetary damages purportedly sustained as a result of towing and storage charges incurred on or about July 5, 1978. b. Claim submitted by Ben Griego for personal injuries purportedly sustained while in the custody of Anaheim Police on or about June 2, 1978. c. Claim submitted by Jean Stasick, and Terri J. Stasick, by and through her guardian ad litem, Jean Stasick for personal damages purportedly sustained as a result of the death of Terrance Stasick following his arres~ and imprisonment by Anaheim Police on or about April 21, 1978. d. Claim submitted by William Ira Reiner for personal injuries purportedly sustained by Claimant's daughter as a result of a fall on the sidewalk in front of 1240 North Ventura Street on or about April 17, 1978. 78-946 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. e. Claim submitted by Steve C. Gogos for vehicle damages purportedly sustained as a result of an accident involving a city-owned vehicle on or about May 19, 1978. f. Claim submitted by Government Employees Insurance Company, Subrogee of Henry Arroyo, for property damages purportedly sustained as a result of a collision with a city-owned vehicle on or about Marcch 28, 1978. g. Claim submitted by Raymond Perez for personal injuries purportedly sustained as a result of an accident involving a city-owned vehicle on or about March 22, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Before the Federal Energy Regulatory Commission, Southern California Edison Company Docket No. ER76-205, Notice of Extension of Time. b. 144: County of Orange, Grand Jury Report 1977-78. c. 105: Charter Review Committee - Minutes of June 26 and July 5, 1978. d. 105: Community Redevelopment Commission - Minutes of June 28 and July 5, 1978. e. 105: Project Area Committee - Minutes of June 27, 1978. f. 105: Youth Commission - Minutes of June 28, 1978. g. 107/156: Monthly reports for June 1978 - Building Division and Police. 3. 108: ENTERTAINMENT, AMUSEMENT DEVICES AND DINNER DANCING PLACE PERMITS: The following permits were approved in accordance with the recommendations of the Chief of Police: a. Application for dancing, Tuesday through Saturday, 8:30 P.M. to 1:30 A.M. at O'Garrity's Restaurant, 3030 West Lincoln Avenue. (Walter J. Peters, applicant) b. Application for an Entertainment Permit to have a guitar soloist, duet and trio, seven days a week from 11:00 A.M. to 2:00 A.M. for the Las Lomas Mexican Restaurant, 5638 East La Palma Avenue. (Daniel Elias and Estella Martinez, applicants) c. Amusement Devices Permit for pinball and video machines at the Malibu Grand Prix, 2430 East Katella Avenue. (James Ray Swagerty, applicant) Councilman Seymour was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 78R-461 through 78R-464, 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 ..... 78-947 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 19.78, 1:30 P.M. 158: RESOLUTION NO. 78R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (The Lutheran Home Association of California; Philip Borsuk, et ux.; David A. Whitehead, et ux.; Elden W. Bainbridge, et al.; A.S.A.W.A. Corporation; Ronald C. Robinson, et ux.; La Palma Storage Partners, Ltd.; General American Life Insurance Com- pany; Olive S. Hawley, et al.) 167: RESOLUTION NO. 78R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF KATELLA AVENUE AND LEWIS STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-794-6325-4060; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 10, 1978, 2:00 P.M.) - 169: RESOLUTION NO. 78R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: VAN BUREN STREET STREET IMPROVEMENT, FROM CORONADO STREET TO LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-4309-708-16-0000. (Sully-Miller) 169: RESOLUTION NO. 78R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: CANYON RIM ROAD AND FAIRMONT BOULEVARD STREET IMPROVEMENTS, WORK ORDER NOS. 763-B, 782-B, 1265, 2124 AND 2296; AND 781-B, 2293, 2294 AND 2295, ACCOUNT NO. 13-792-6325-2090 (1978-1979). (C. W. Poss, Inc.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood None Seymour The Mayor Pro Tem declared Resolution Nos. 78R-461 through 78R-464, both inclusive, duly passed and adopted. ORDINANCE NOS. 3884 THROUGH 3886: Councilman Roth offered Ordinance Nos. 3884 through 3886, both inclusive, for adoption. Refer to Ordinance Book. 113/117: ORDINANCE NO. 3884: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.04 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING SECTIONS 1.04.330 AND 1.04.340 RELATING TO COMPENSATION OF THE CITY CLERK AND CITY TREASURER. 78-948 City Hall, Anaheim, California - COUNCIL MINUTES - July 18~ 1978~ 1:30 P.M. ORDINANCE NO. 3885: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51(20), RS-HS-22,000) ORDINANCE NO. 3886: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-21(2), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kott, Roth and Kaywood No ne Seymour The Mayor Pro Tem declared Ordinance Nos. 3884 through 3886, both inclusive, duly passed and adopted. ORDINANCE NOS. 3888 THROUGH 3891: Councilman Roth offered Ordinance Nos. 3888 through 3891, both inclusive, for first reading. 149: ORDINANCE NO. 3888: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBSECTION .1030 RELATING TO PARKING RESTRICTIONS. (portions of Orangethorpe) 179: ORDINANCE NO. 3889: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 18.03.091.060 OF TITLE 18, CHAPTER 18.03 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW SECTION IN ITS PLACE AND STEAD RELATING TO ZONING. ORDINANCE NO. 3890: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-53,ML) ORDINANCE NO. 3891: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-54, RM-1200) RECESS - EXECUTIVE SESSION: Councilman Roth moved to recess into Executive Session. Councilman Overholt seconded the motion. Councilman Seymour was absent. MOTION CARRIED. (5:20 P.M.) AFTER RECESS: Mayor Pro Tem Kaywood called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (5:50 P.M.) ADJOURNMENT; Councilman Kott moved to adjourn. Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Adjourned: 5:50 P.M. LINDA D. ROBERTS, CITY CLERK LEONORA N. SOHL, DEPUTY CITY CLERK