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1978/12/1278-1647 City Hall, Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Ko tt, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts FIRE CHIEF: James Riley FINANCE DIRECTOR: George Ferrone MANPOWER SERVICES MANAGER: Bill Hepburn STADIUM-CONVENTION CENTER-GOLF DIRECTOR: Tom Liegler ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSOCIATE PLANNER: Joel Fick Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend David Beadles of the Anaheim United Methodist Church gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 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. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,779,576.18, in accordance with the 1977-78 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Ko tt, seconded by Councilman Roth, the following actions were authorized as recommended: a. 160: Bid No. 3483 - Rejected all bids received for purchase of Padmounted Three-phase sectionalizing switches. b. 150: Authorized application of Parks, Recreation and Arts Department for the 1978 California Park and Recreation Society Environmental Planning Award, using Brookhurst Park as entry. c. 164: Continued the award of Hidden Canyon Reservoir Contract (Account No. 51-619-7105092180-31200) to December 19, 1978. MOTION CARRIED. 78-1648 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. The following item was removed from the Consent Calendar by Councilman Roth for discussion and questions posed to Fire Chie.f James Riley: a. 160: Bid No. 3471: Authorizing purchase of two (2) Paramedic Vans be awarded to Ralin Incorporated in the amount of $65,705.16. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the purchase of two Paramedic Vans from Ralin Incorporated in the amount of of $65,705.16, including tax, was authorized. MOTION CA~IED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Kott offered Resolution Nos. 78R-780 and 78R-781 for adoption as recommended by the City Engineer and the Park, Recreation and the Arts Director, respectively. Refer to Resolution Book. 174: RESOLUTION NO. 78R-780: 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: COMMUNITY BLOCK GRANT PROGRAM AREA 3 - STREET AND ALLEY IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-793-6325-3070; 3140; 3150 and 3160. (Calex Engineering and Paving Comapny, $155,146) 150/109/174: RESOLUTION NO. 78R-781: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE FILING OF AN APPLICATION FOR A.B. NO. 998 GRANT FUNDS IN CONJUNCTION WITH THE CITIES OF GARDEN GROVE AND ORANGE FOR A COMPREHEN- SIVE SERVICE DELIVERY SYSTEM FOR SENIOR CITIZENS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-780 and 78R-781 duly passed and adopted. 128: 1977-78 ANNUAL FINANCIAL REPORT: Mr. George Ferrone, Finance Director, presented the Annual Financial Report for the year ending June 30, 1978 (on file in the City Clerk's Office). He was pleased to announce that the report included an unqualified opinion from the independent auditors, Price Waterhouse, for the second successive year. Mr. Ferrone then briefed the Council on his cover letter contained in the report dated November 3, 1978, highlighting the features of the report. Mayor Seymour stated that he was proud of the report and appreciated the manner in which Mr. Ferrone and his staff who, along with Councilman Kott and himself, worked together as a team to bring it to fruition. It was the finest report he had seen since he had served on the Council. 78-1649 City Hall, Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. On motion by Councilman Kott, seconded by Councilman Roth, the 1977-78 Annual Financial Report was ordered received and filed. MOTION CARRIED. 156: AUCTION OF UNCLAIMED PROPERTY: Councilman Kott offered Resolution No. 78R-782 for adoption, as recommended by Police Chief Harold Bastrup in memoran- dum dated December 5, 1978, authorizing the Police Department to conduct an auction of unclaimed property on December 16, 1978, at 9:00 a.m. Refer to Resolution Book. RESOLUTION NO. 78R-782: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON DECEMBER 16, 1978. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-782 duly passed and adopted. On motion by Councilman Roth, seconded by Councilman Kott, the City Clerk was directed to publish a notice of intention to transfer unclaimed property to the Purchasing Division for City use. MOTION CARRIED. 103: LAKEVIEW-ORANGETHORPE NO. 3 ANNEXATION: Councilman Roth offered Resolution No. 78R-783 for adoption, as recommended in memorandum dated December 4, 1978, from the Assistant Director for Planning, requesting LAFCO to commence proceedings on the subject annexation. Refer to Resolution Book. RESOLUTION NO. 78R-783: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LAKEVIEW-ORANGETHORPE ANNEXATION NO. 3 TO THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-783 duly passed and adopted. 180: RENEWAL OF EMPLOYEE GROUP LIFE INSURANCE AND HEALTH PLAN STOP LOSS COVERAGE: Councilwoman Kaywood offered Resolution Nos. 78R-784 and 78R-785 for adoption, as recommended by the Personnel Director in memorandum dated December 6, 1978, autho- rizing the renewal of employee life insurance with Northwestern National Life In- surance Company for 1979, and medical plan Aggregate Excess Risk Insurance, at an annual premium of $3,000 (Policy No. CL-117421-1); authorizing an amendment there- with to amend the policy anniversary date to January 1, and authorizing the Personnel Director to execute the same. Refer to Resolution Book. 78-1650 City Hall., Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. RESOLUTION NO. 78R-784: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RENEWING THE EMPLOYEE GROUP LIFE INSURANCE WITH NORTHWESTERN NATIONAL LIFE INSUR- ANCE COMPANY FOR 1979. RESOLUTION NO. 78R-785: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO A POLICY WITH NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY IN CONNECTION WITH GROUP LIFE INSURANCE AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-784 and 78R-785 duly passed and adopted. 123: CALIFORNIA DENTAL SERVICE - AMENDMENT TO AGREEMENT: Councilwoman Kaywood offered Resolution No. 78R-786 for adoption, as recommended in memorandum dated December 6, 1978, from the Personnel Director, authorizing an amendment to the agreement with California Dental Service to permit auditing of their records and authorizing the Personnel Director to execute same. Refer to Resolution Book. RESOLUTION NO. 78R-786: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE CALIFORNIA DENTAL SERVICE AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AMENDMENT. Roll Call Vote: ~ES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 78R-786 duly passed and adopted. 123: RENEWAL OF 1979 EMPLOYEE GROUP PREPAID HEALTH PLANS: Councilman 0v~rholt offered Resolution Nos. 78R-787 through 78R-793, both inclusive, for adoption, as recommended by the Personnel Director in his memorandum dated December 6, 1978. Refer to Resolution Book. RESOLUTION NO. 78R-787: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE MASTER GROUP AGREEMENT FOR EMPLOYEE HEALTH CARE BY AND BETWEEN THE CITY OF ANAHEIM AND GENERAL MEDICAL CENTERS HEALTH PLAN, AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 78R-788: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE AGREEMENT OF MAY 10, 1977, FOR EMPLOYEE MEDICAL AND HOSPITAL CARE BY AND BETWEEN THE CITY OF ANAHEIM AND KAISER FOUNDATION HEALTH PLAN, INC., AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. 78-1651 City Hall, Anaheim, California - COUNCIL MINUTES - December 12...~.. 1978~ 1:30 P.M. RESOLUTION NO. 78R-789: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH HMO CONCEPTS, INC. PERTAINING TO HEALTH SERVICES FOR EMPLOYEES, AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 78R-790: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A RENEWAL AGREEMENT WITH FAMILY HEALTH PROGRAM FOR EMPLOYEE HEALTH SERVICES AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID RENEWAL AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM TO BE EFFECTIVE JANUARY 1, 1979. RESOLUTION NO. 78R-791: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER AMENDMENT DATED NOVEMBER 28, 1978, WITH CALIFORNIA MEDICAL GROUP HEALTH PLAN, INC. PERTAINING TO THE HEALTH SERVICES TO EMPLOYEES AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID LETTER AMENDMENT. RESOLUTION NO. 78R-792: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH HMO CONCEPTS, INC. PERTAINING TO DENTAL SERVICE FOR EMPLOYEES, AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 78R-793: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE AGREEMENT OF APRIL 12, 1977, FOR EMPLOYEE DENTAL CARE BY AND BETWEEN THE CITY OF ANAHEIM AND DENTAL HEALTH SERVICES, INC., AND AUTHORIZING THE PERSONNEL DIRECTOR TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 78R-787 through 78R-793, both inclusive, duly passed and adopted. 123: OKEH CATERERS - USE OF A PORTION OF STADIUM PARKING LOT: Since Mr. Tom Liegler, Stadium-Convention Center-Golf Director, was present in the Council Chamber, Mayor Seymour first commended him on a job well done, especially as reflected in the Financial Report, Anaheim Stadium was operating in the black. Councilwoman Kaywood offered Resolution No. 78R-794 for adoption as recommended in memorandum dated November 28, 1978, from Mr. Liegler authorizing an amendment to a Permit Agreement with OKEH Caterers, to provide for the use of a portion of the Stadium parking lot for the period ending November 30, 1979. Refer to Resolu- tion Book. RESOLUTION NO. 78R-794: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO PERMIT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND OKEH CATERERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. (term ending November 30, 1979) 78-1652 City Ha.ll, Anaheim, California - COUNCIL MINUTES - December 12~ 1978, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-794 duly passed and adopted. 158/176: SALE OF EXCESS CITY PROPERTY: (west side of Anaheim Boulevard, south of Cerritos Avenue) Councilwoman Kaywood offered Resolution No. 78R-795 for adoption, as recommended in memorandum dated December 6, 1978 from the City Engineer, approving the sale of excess property to Ronald Malouf and Raymond Kemmey for the sum of $74,350.71. Refer to Resolution Book. RESOLUTION NO. 78R-795: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO SELL CERTAIN CITY-OWNED PROPERTY AND ESTABLISHING CONDITIONS PRECEDENT TO SAID SALE. (west side of Anaheim Boulevard, south of Cerritos Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 78R-795 duly passed and adopted. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Engineer was authorized to initiate abandonment proceedings for the road and public utility easement thereon, subject to receipt of payment for sale. MOTION CARRIED. 127: SUMMARY OF RECALL PROCEDURES: City Attorney Hopkins stated that Councilman Overholt asked him for a summary of Recall procedures which he prepared as contained in report, "Summary of Recall Procedures" (Elections Code, Section 27000 et seq), on file in the City Clerk's Office, a copy of which he provided to each Council Member along with extra copies for the press and the public. He then briefed the Council on the different aspects of the Summary. Mayor Seymour stated that as he understood the process, if a Recall petition was circulated successfully, a Recall Election held and if that Recall should be successful, the Council seats would then be vacant. If that occurred, he would not be a party to any process that would include the appointment or filling of those vacancies. He continued that with Councilwoman Kaywood and Councilman Overholt having recently been elected to a 4-year term, 3 Council Members would then be determining who would fill those seats for approximately 3 years. He saw nothing democratic in that process, and he reiterated he would not participate in such a process unless forced to do so by some court of law, but would instead require that an election be held to fill those vacant seats. Mr. Hopkins stated that the Charter provided if the Council did not take such action to fill the vacancies within 60 days, a special election must be called. If any vacancy was not filled, an election must be called, even though the Election Code was in conflict, since the City Charter prevails. 78-1653 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Mayor Seymour stated that he would want to see an election held. Councilwoman Kaywood asked if there was an appointment on the part of the Council, would that appointment continue until the next election, rather than the full term remaining. City Attorney Hopkins stated it would be for the time of the term remaining. 127: DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 7, 1978 - MEASURES B, C~ D~ E, F~ G & H AND MEASURE J - WATER REVENUE: Councilman Kott offered Resolution Nos. 78R-796 and 78R-797 for adoption. Refer to Resolution Book. RESOLUTION NO. 78R- 796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 1978. The City Council of the City of Anaheim, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That a special municipal election was duly called and regularly held in said city on the 7th day of November, 1978, at which election there were submitted to the qualified voters of said city the following propositions, to wit: PROPOSITION "B" Shall Sections 500, 507, 508 and 511 of the Charter of the City of Anaheim be amended to increase the number of City Council members from five to seven, and make other numerical changes consistent therewith, effective with the general municipal election to be held in April, 19807 PROPOSITION "C" Shall Section 504 of the Charter of the City of Anaheim be amended to provide for the annual election of the Mayor by the City Council at the first regular meeting of the City Council after the second Tuesday in April of each year commencing in April, 19807 PROPOSITION "D" Shall Section 515 of the Charter of the City of Anaheim be amended to permit the prosecution of certain des.ignated Anaheim Municipal Code violations as infractions rather than m~demeanors? ~4 all, Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. PROPOSITION "E" Shall Section 703 of the Charter of the City of Anaheim be amended to require the City Attorney to perform legal functions and duties incidental to the execution of other powers and duties as prescribed by the Charter; to surrender all books, papers, files and documents pertaining to the City's business to the successor City Attorney; and authorize the City Council to control all legal business and employ other attorneys as may be required to perform the City business? PROPOSITION "F" Shall Sections 1202 and 1203 of the Charter of the City of Anaheim be amended to (1) require the City Manager to submit the proposed annual budget to the City Council at least sixty days prior to the beginning of each fiscal year, and (2) require the City Council to hold a public hearing on the proposed budget at least forty-five days prior to the adoption of the annual budget? PROPOSITION "G" Shall Section 1211 of the Charter of the City of Anaheim be amended to (1) permit public works projects of less than Fifty Thousand Dollars in cost to be performed by City employees without public bidding where the City Council determines that such work can be performed better or more economically by City forces than by private contract, and (2) permit the City Council to establish a procedure by ordinance for the procurement of materials, supplies and equipment to be used in public works projects? PROPOSITION "H" Shall Section 1222 be added to the Charter of the City of Anaheim to require any sale or conveyance of municipal property of a value in excess of Fifty Thousand Dollars to be publicly advertised and sold only to the highest bidder unless the City Council finds, by at least a two-thirds vote of its members, that waiver of the bidding procedures is in the best interests of the City? Section 2. That the returns of said election have been duly and regularly canvassed by the Registrar of Voters as provided by law, and all absentee ballots, if any, returned have been canvassed as provided by law. 78-1655 ~ity HDll.., Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Section 3. The total votes cast at said election for and against said propositions and upon said propositions are all as shown on the Certif- icate of Registrar of Voters to Result of the Canvass of the General Election Returns, attached hereto as "Exhibit A." Section 4. That the votes of less than fifty percent of all the voters voting at said election upon Proposition "B" and Proposition "C" were cast in favor of the adoption of said Proposition "B" and Proposition "C", and said Proposition "B" and said Proposition "C" are hereby declared to have failed to carry at said election. Section 5. That the votes of more than fifty percent of all the voters voting at said election upon Proposition "D", Proposition "E", Proposition "F", Proposition "G" and Proposition '~" were cast in favor of the adoption of said propositions, and said propositions are hereby declared to have carried at said election. Section 6. That the City Clerk of this City is hereby directed to enter this resolution in full in the minutes of this City Council, which entry shall constitute the City Clerk's statement of the result of. the election. CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIAt COUNTY OF ORANGE ) ss. I, A. E. 01son, Registrar of Voters of Orange County, do hereby Oertify the following to be a full, true and correct Statement of the Vote of the election listed below, consolidated wl~h the Oeneral Election held on November ?, 1978. CITY OF ANAHEIM CHARTER AMENDMENTS m.~TION MEASURE "B" - INCREASE NUMBER OF CITY COUNCIL M]~4BERS. FF~: 18,80~ NO: 37,146 MEASURE "C" - ANNUAL ELECTION OF MAYOR BY CITY COUNCIL ~.,S: 17,889 NO: 37,248 MEASURE "D" - PROSECUTION OF CODE VIOLATIONS YES: 30,293 NO: 21,035 78-1656 City Hall~ Anaheim~ Calffornia - COUNCIL MINUTES - December 12~ 1978, 1:30 P.M. MEASURE "E" - CITY ATTORNEY D~TIES YES: 36,324 NO: 14,911 MEA~UR~ "F" - CITY MANAGER SUBMIT BUDGET ~: 46,568 NO: 6,955 MF2%SURE "G" - BIDDING-PUBLIC WORKS PROJ1~CTS YES: 28,956 NO: 24, MEASURE "H' - CHARTER r~ SALE OF MUNICIPAL PROPERTY rES: 58,095 NO: 15,007 TOTAL VOTES CAST: 64,232 I, hereby certify that the number of votes cast for and against the measure as is set forth on page I appears in the Certified Abstract of Statement of the Vote entered in the Records of the Board of Supervisors of the County of Orange. WITNESS my hand and Official Seal this 27th day of November, 1978. REGISTRAR OF VOTERS Orange County 78-1657 City Hall, Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. RESOLUTION NO. 78R- 797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF THE SPECIAL REVENUE BOND ELECTION HELD IN SAID CITY ON NOVEMBER 7, 1978. WHEREAS, a special water revenue bond election was duly called and regularly held in the City of Anaheim on the 7th day of November, 1978, at which election there was submitted to the qualified voters of City the following proposition: Shall the City of Anaheim be authorized to finance the acquisition and construction of additions to and improvements of the water system of said City by the issuance of revenue bonds, not payable from property taxes, in an amount not to exceed 14 million dollars? WHEREAS, the returns of said election have been duly canvassed as provided by law, and all absentee ballots returned have been canvassed as provided by law, and a Certificate of the Registrar of Voters of the County of Orange, showing the results of the canvass of the returns of said election and the absentee votes cast thereat, has been received by the City Council; and WHEREAS, the votes cast in the precincts established for said election upon said proposition and for and against said proposition, the absentee votes cast upon said proposition and for and against said proposition, and the total votes cast at said election for and against said proposition and upon said proposition are as set forth in Exhibit "A," Certificate of said Registrar, attached hereto and incorporated by reference herein; and WHEREAS, the votes of a majority of all the voters voting at said election upon said bond proposition were cast in favor of the adoption of said bond proposition. NOW, THEREFORE, BE IT RESOLVED that the said~bond proposition is hereby declared to be carried, and that the City Council of the City of Anaheim be, and it is hereby, authorized to issue bonds for the purpose stated therein as provided by law. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby, directed to enter this resolution in full in the minutes of the City .Council, which entry shall 'constitute the City Clerk's statement of the result of the election. 78-1658 Cit) Hall, Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. CERTIFICATE OF REOISTRAR OF VOTER5 TO RESULT OF TH~ CAh~ASS OF TM~ GENERA/. ~-~CTION RETURNS STATE OF CALIFORAqAl as. COUNTY OF ORANGE ) I, A. E. Olson, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statemen~ of the Vote of the election listed below, consolidated with the General Election held on November 7, 1978. CI~"%' OF ANAHEIM MF-~SURE "J" - REVENUE BONDMEA~UREWATER YES: 28,139 NO: 25,660 TOTAL VOTES CAST: 64,232 I, hereby certify that the number of votes cast for and against the measure as is set forth above appears in the Certified Abstract of Statement of the Vote entered in the Records of %he Board of Supervisors of the County of Orange. WITNESS my hand and Official Seal this 27th day of November, 1978. REGISTRAR OF VOTERS Orange County 78-1659 Qity Hall~ ~aheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. I, hereby certify that ~he number of votes cast for i~d agains', the measure as is set for~ on page 1 appears in the Cer'cified Abstract of Statement of the Vote entered in the Records of the Board of Supervisors of the County of Or~nge. ~T5~SS my hLnd and Official Seal this 27th day of November, 1978. ~E~ISTRAR OF VOTERS Orange County Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-796 and 78R-797 duly passed and adopted. 153: CETA PROGRAM - ADDENDUM TO REPORT OF NOVMEBER 13~ 1978: City Manager William Talley briefed the Council on detailed report dated December 7, 1978, from the Personnel Department/CETA Services, and accompanying a~tachments 1, 2 and 3 (on file in the City Clerk's Office). Mayor Seymour stated that he found the report to be very thorough and it did present all the facts. A question he had, however, was relative to the people who had already been in the CETA Program longer than the 18 months and what the status of those positions would be. 78-1660 Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1978, 1:30 P.M. ~,ir. Bill Hepburn, Manpower Services Manager, stated an employee who was hired prior [o April 1, 1978, could continue through September 30, 1979. They had 12 months ~rom October 1, 1978 and would all mandatorily be phased out of the program at ~hat point in time. He also explained for Councilman Roth relative to the possi- bf]ity of someone being able to reapply for the program after a certain period of time, that due to new restrictions in the program it was impossible to reapply. qavor Seymour noted in the report the statistics relative to the success ratio placing CETA positions into the private sector or outside of the City which, ~ince 1974, reflected a 30.2 percent success ratio of the existing 730 positions. !!owever when considering the total of 1,040 people who had gone through the prog~-am. ~h< ratio dropped to 20 percent. He believed the objective should be to ascertain ',i~at could be done to improve that success ratio to insure a higher percentage of ']acement in the private sector and outside the City, as well as a shorter period ].ess than 18 months. It seemed what the CETA program had become was a training gr,~und to fill permanent City positions if and when those jobs became open. He '~ce~ved the primary purpose of the program to be (1) to get the participants placed in the private sector and possibly 2 or 3 to have them trained so that and when an opening occurred in the City, they would be well trained to fill ~ !~ t position. ~,lr. Hepburn stated it was going to be difficult to better the success ratio, con-- ~ idcring the new eligibility requirements of the program. Now, instead of taking ~omeone who had been out of work for 30 days, they were going to take those persons ~t of work for 15 weeks, as well as meeting a certain income cutoff. Thus, they ~'ere going to be taking people with less experience and who had been out of work fc~? longer period of time who probably had more problems in obtaining and retaining job than previous participants. More training would be required and, as well., ~-!~.~ new law required the implementation of such training programs. In terms of ~:,i~g additional things to promote placement in the private sector, he suggeste~t t~,at perhaps the City Council could adopt a resolution promoting that aspect an(j r'<~:ommending to the business community that they give more consideration to i~iring people through the program. i-'~:rther discussion followed between Mayor Seymour and Mr. Hepburn relative to thc. Ma,vor's concern that CETA employees, knowing they had 18 months tenure, might not b~ positiw_~ly motivated to seek out that position in the private sector. Council- man Roth agreed with the Mayor and suggested directing Mr. Hepburn to submit a r~:,port to the Council through the City Manager as to how many opportunities aros<~ during a quarter and how many referrals were made. If the CETA participants were aware that they were being monitored, that might change the picture. Mr. Hepburn tien relayed the procedure they followed in trying to place CETA participants in t~e private sector. He. also stated that there was a ruling by the Department of i,:2bor wherein if anyone refused a comparable position, they could be terminated f '.-~-.,m the program immediately. 78-1661 City Hall, Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Mayor Seymour stated that another question he had related to the fact that in the report it was indicated that all positions in the program were temporary with the exception of two in the Fire Department, one custodian and one junior typist clerk, both associated with the Fire Training Center. There was also one stock clerk in the Park, Recreation and Arts Department, and the Range Master position in the Police Department, with the latter having been approved for regular City funding. Thus, there were three positions remaining openly admitted to be permanent positions, but filled by CETA people. As he had ex- plained many times previously, he was philosophically opposed to permanent positions being filled by CETA employees, and it was incumbent upon the Council to establish its position as to whether or not they were going to require those three positions to be transitioned into permanent City positions or accept the fact that CETA employees were filling permanent jobs. Councilwoman Kaywood stated her outlook on the situation dealt with the fact that it was saving taxpayers money because those positions were being filled without having to fund them from the General Fund. MOTION: Councilman Seymour thereupon moved that the three CETA positions-- custodian, junior typist clerk (associated with the Fire Training Center) and stock clerk in the Park, Recreation and Arts Department be transitioned into permanent City positions within 90 days. Councilman Kott seconded the motion. Before a vote was taken, City Manager Talley explained that under the program, if it was determined that the position was going to be full-time, it was allowable to utilize CETA positions for the training period. On July 1, 1979, those positions were scheduled to be transitioned, just as was done with the Range Master position. Councilman Roth asked the Mayor if he would amend his motion to July 1, 1979 instead of 90 days; Mayor Seymour was agreeable to the amendment. A vote was then taken on the foregoing motion with the amendment that the positions were to become permanent City positions on July 1, 1979. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Roth, the 18-month partici- pation term as provided in the new CETA law was approved as well as the continuation of the existing review and approval process for budgeting CETA positions; quarterly reports to be submitted to the Council through the City Manager relative to referrals to CETA employees for placement in the private sector. MOTION CARRIED. 153/180: DISABILITY RETIREMENT PROCEDURE FOR FIRE AND POLICE SAFETY EMPLOYEES: Mr. Talley briefed the Council on the detailed report dated December 5, 1978 (on file in the City Clerk's Office) submitted jointly by himself and the City Attorney relative to the subject procedure listing the following recommendation: That the City Manager be authorized to establish a Safety Disability Retirement Evaluation Committee to conduct hearings and make evaluations regarding applica- tions for safety employee disability retirement and either: (1) retain the authority to make safety employee disability determinations or (2) authorize, by resolution, the City Manager to determine disability for safety members under the provisions of PEPS and to sign the Determination of Disability document. Staff had tried to find other alternatives, but one point remained--whoever made the decision must subject themselves to the appeal hearing if there was one. 78-1662 ~.ity Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1978, 1:30 P.M. City Attorney Hopkins agreed with the evaluation. Mayor Seymour believed the report to be concise and his personal feelings were that the City Council ought to accept Option No. 1, that the City Council retain the authority to make Safety Employee Disability Retirement determinations at least for some period of time so that they would have an opportunity to become more familiar with the process. At the same time, other positive benefits could be derived if the Council were to retain the authority. There would be less of a chance that a public employee would seek any type of unreasonable disability retire- ment knowing that a hearing or decision-making process could very well take place in a public hearing where the public and the press would be present. That would be a positive motivator to insure that as a City, they were doing all they could to decrease the numbers of disability retirements, as well as establish more credi- bility to the process, thus offsetting the negative aspect, which would be some hours of commitment per public hearing that might take place. The only question he had was to the formation of a committee performing its work under the auspices of the Assistant City Manager and going directly from that committee to the Council. He believed it appropriate that the findings of the committee go through the City Manager. In turn, the City Manager would make a recommendation to the City Council who would then have the prerogative of seeking the alternatives as outlined. Mr. Talley stated that anything going to the Council from staff had to be approved by him before being placed on the Council Agenda. Thus, he would also have approved--~ the committee recommendations before they were placed on the agenda or likewise sent them back to the committee. Councilwoman Kaywood then questioned City Attorney Hopkins as to what other cities used the procedure of having the City Council make Safety Employee Disability Retirement determinations, and what their experience had been in so doing. Mr. Hopkins stated they conducted a survey, and the cities of Tustin and Brea wer~ the only two of the 26 Orange County cities where the Council had retained such authority. Although he did not get a precise estimate of time as to how long they had followed that procedure, he believed it to be about 2 to 3 years which was when the State made the change that gave the authority to the various legislative bodies. Tustin was considering making its change to give the authority back to the City Administrator, and he had not heard from Brea as to their experience. Councilman Seymour offered Resolution No. 78R-798 for adoption, that the City Council retain the authority to make Safety Employee Disability Retirement determinations as outlined in memorandum dated December 5, 1978, from the City Manager/City Attorney. Refer to Resolution Book. RESOLUTION NO. 78R-798: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REAFFIRMING ITS INTENTION TO MAKE DISABILITY RETIREMENT DETERMINATIONS AND TO CERTIFY DETERMINATIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Before a vote was taken, and for purposes of clarification, Councilman Roth asked if, when the City Council received the recommendation from the committee, the City Manager would be indicating his support or non-support of that recommendation. 78-1663 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Mr. Talley stated that the Council would be getting an agenda item from the committee through him. If he was supportive, he would indicate same and there- fore, the item would be placed on the Council Agenda. If he was uncomfortable with the recommendation, he would send it back to the committee for another review. If it was a negative decision, no matter who made that decision, it would have to be discussed further in a public hearing. Councilman Overholt pointed out to Mr. Talley that the procedure did not state that he (Talley) would give his opinion as to whether the Council should approve or disapprove the recommendation of the committee and he wanted that included in the procedure since it was imperative that the Council have the City Manager's opinion or recommendation as well. Councilwoman Kaywood expressed her concern that only two of the 26 Orange County cities were using the same or similar procedure where the Council retained the authority to make the subject determination at a final hearing. She believed it might well be that after the first hearing, it would be obvious why other cities decided not to follow the proposed procedure. Councilman Kott maintained that the primary concern should be that of expenditure to the taxpayer. Due to the large number of medical and psychiatric retirements that he had seen, he deemed it appropriate for the Council to be the final deciding factor. Councilman Overholt agreed and stated that he and other Council Members had, for some time, been concerned over the fact that the cost of disability retirement seemed to be out of control. When the Council took action to bring the responsi- bility back to the Council, he supported that move. It was with the thought that they become more a part of the process in the hope of reducing the cost of the program to the taxpayer. Hopefull~ it would be a temporary measure, but he was willing to devote the time and energy necessary as staff had done for some time. A vote was then taken on the foregoing resolution amended to include the following: That the City Manager is to state his opinion as to whether the Council should approve or disapprove the recommendation of the committee. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The ~yor declared Resolution No. 78R-798 duly passed and adopted. 123: AMENDMENT TO CITY MANAGER'S CONTRACT - REPORT PREVIOUSLY GIVEN BY COUNCILMAN OVERHOLT: Councilman Kott referred to the verbatim transcript excerpted from the Council meeting of December 5, 1978, which was a report given by Councilman Overholt of the events leading up to the approval of an amendment to the City Manager's con- tract which he had read and reviewed carefully. He thereupon commented on certain aspects of the report which, in finality, he did not believe that the main issue was addressed. Extraneous items were introduced that were unrelated and had nothing to do with the contract. He considered it an insult to his intelligence because he was looking for a sound basis for the action that was taken. 78-1664 C~ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Councilman Overholt stated he was sorry if Councilman Kott took offense with his "rambling" statement, but he was trying to build the picture and climate as it was at the time, after having undergone an investigation by the District Attorney and the Grand Jury, and that was the purpose of his extraneous comments. 173: BUS SHELTER PROGRAM: Councilwoman Kaywood asked City Manager Talley that staff be directed to report on the status of the Bus Shelter Program. RECESS: By general consent, the Council recessed for 10 minutes. (2:55 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:05 P.M.) 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 148 AND NEGATIVE DECLARATION. To consider alternate proposals of land uses (single-family residential, multiple- family residential, commercial, office, industrial) for Areas I through XV and amendment to the Circulation Element for Areas XVI and XVII listed below: I. Approximately 17.0 acres on the east side of Dale Avenue bordered on north by the Santa Ana Freeway. II. Approximately 11.9 acres at the northwest corner or La Palma and Magnolia Avenue. III. Approximately 31.0 acres on the east and west sides of Webster Avenue between Orange Avenue and Ball Road. IV. Approximately 10.5 acres between Muller Street and Crescent Way approxi- mately 300 feet north of Cerritos Avenue. V. Approximately 67 acres on the west side of Manchester Avenue south of Lincoln Avenue. VI. Approximately 14.7 acres on the west side of Walnut Street approximately 650 feet north of Cerritos Avenue. VII. Approximately 15.5 acres on the east side of Acacia Street approximately 1300 feet south of Orangethorpe Avenue. VIII. Approximately 17.6 acres at the southeast corner of Vermont Avenue and East Street. IX. Approximately 34.2 acres on the west side of State College Boulevard 715 feet north of Ball Road. X. Approximately 37.6 acres at the northeast corner of Wagner Avenue and State College Boulevard. XI. Approximately 2.5 acres on the north side of La Palma Avenue between Orange and Riverside Freeways. XII. Approximately 9.2 acres at the northwest corner of Lincoln Avenue and Rio Vista Street. 78-1665 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. XIII. Approximately 22.9 acres at the northwest corner of Orangethorpe Avenue and Kraemer Boulevard and approximately 4.1 acres at the southeast corner of Orangethorpe Avenue and Kraemer Boulevard. XIV. Approximately 28.8 acres on the east and west sides of Tustin Avenue north of Santa Ana Canyon Road. XV. Approximately 3.8 acres at the northwest corner of Orangethorpe Avenue and Kellogg Drive and approximately 13.5 acres at the northeast corner of Orangethorpe Avenue and Post Lane. XVI. Lakeview Avenue/Crescent Drive between Santa Ana Canyon Road and Nohl Ranch Road (proposed deletion). XVII. "Fantasy Way" between Ball Road and West Street (proposed deletion). The City Planning Commission, pursuant to Resolution No. PC78-273, recommended that Exhibit "A" be adopted for Areas I through XV, as follows: Area I-- low-medium; Area II--general commercial; Area III; medium-- Area IV--general commercial; Area V--general industrial; Area VI--medium; Area VII--medium; Area VIII--low-medium; Area IX--low; Area X--low-medium; Area XI--medium; Area XII--general commercial, medium; Area XIIIv-general commercial, low-medium, medium; Area XIV--general commercial, medium low; Area XV--general commercial, medium, low-medium. The City Planning Commission further recommended that no change be adopted for Area XVI (Lakeview Avenue/Crescent Drive), Circulation Element and recommended Exhibit "A" be adopted for Area XVII (Fantasy Way) Circulation Element, reflecting deletion. In addition, the City Planning Commission, pursuant to the provisions of the California Environmental Quality Act has reviewed the subject proposal for an amendment to the land use element of the General Plan on Areas I through XV, as described above and found no significant environmental impacts and, therefore, recommended that a negative declaration be approved. As well, the City Planning Commission, having reviewed the subject proposal for an amendment to the Circulation Element of the General Plan for the area of Lakeview Avenue/Crescent Drive between Santa Ana Canyon Road and Nohl Ranch Road and Fantasy Way between Ball Road and West Street found no significant environmental impacts and, therefore, recommended that a negative declaration be approved on the Circulation Element. Mr. Joel Fick, Associate Planner, then briefed the Council on the staff report specifically with relation to the Circulation Element of the proposed plans. He noted that the NEOCCS study did recommend deletion on Item XVI, Lakeview Avenue/Crescent Drive. The Mayor asked if anyone wished to speak to Areas I through XVII of General Plan Amendment No. 148, either in favor, opposition or to give input to the proposal; there being no response, he closed the public hearing. 78-1666 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project, General Plan Amendment No. 148, Land Use ELement, will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this project, General Plan Amendment No. 148, Circulation Element, will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 78R-799 for adoption, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 78R-799: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 148, EXHIBIT "A" FOR AREAS I THROUGH XV AND NO CHANGE FOR AREA XVI, AND EXHIBIT "A" FOR AREA XVII. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The M~yor declared Resolution No. 78R-799 duly passed and adopted. RECLASSIFICATION NO. 76-77-56 AND TENTATIVE TRACT NO. 9876 - EXTENSION OF TIME: Request by Anacal Engineering Company for an extension of time to Reclassification No. 76-77-56 and Tentative Tract No. 9876, proposed RS-7200 zoning to establish a 17-lot subdivision on property located on the south side of Arboretum Road east of Anaheim Hills Road. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, extensions of time to the subject reclassifcation and tentative tract, was approved, to expire January 5, 1980, as recommended by the Zoning Division. Councilman Seymour abstained. MOTION CARRIED. 167: REQUEST FOR PARTIAL REFUND - TRAFFIC SIGNAL ASSESSMENT FEE: Request by W. Kent Weathers, The Church of Jesus Christ of Latter-Day Saints (LDS), for a partial refund of the traffic signal assessment fee paid in connection.with property located at the corner of Royal Oak and Nohl Ranch Road, was submitted. City Clerk Roberts stated that communication had been received from LDS asking that their request be withdrawn. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the above request for withdrawal, as requested by the petitioner, was approved. MOTION CARRIED. 78-1667 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator, or allowed: a. Claim submitted by Richard Allen Neurer for personal injuries purportedly sustained as a result of actions by Anaheim Police on or about August 9, 1978. b. Claim submitted by Robert Clark Ash for personal injuries purportedly sus- tained as a result of actions by Anaheim Police on or about August 16, 1978. c. Claim submitted by Greyhound Lines-West for property damages purportedly sus- tained as a result of a power surge in November 1978. d. Claim submitted by Mary Lou Salisbury for personal injuries and damages purportedly sustained as a result of actions by Anaheim Police on or about September 7, 1978. e. Claim submitted by Rafael H. Galceran for p~operty damages purportedly sus- tained as the result of a power shortage on or about November 13, 1978. f. Claim submitted by Byron L. and Mary L. Canter for damages purportedly sus- tained as a result of a problem in the main sewer line connecting to 1808 Catalpa Street on or about August 9, 1978. g. Claim submitted by Patrick K. Donley for personal injuries purportedly sustained as a result of actions by Anaheim Police on or about August 1, 1978. h. Claim submitted by John C. Hoham, Jr., for personal injuries purportedly sustained as a result of a fall at Anaheim Stadium on or about September 9, 1978. The following claim was allowed as recommended by the City Attorney: i. Claim submitted by Mrs. Eltha Mustard for personal injuries purportedly sus- tained as a result of a fall on the sidewalk on the east side of East Street, south of Adele Street on or about May 2, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Center Authority - Minutes of November 20, 1978. b. 105: Park and Recreation Commission - Minutes of September 27, 1978. c. 107: Planning Department, Building Division - Monthly report for November 1978. d. 175: Utilities Department, Utilities Field Division - Monthly report for October 1978. e. 105: Community Redevelopment Commission - Minutes of November 29, 1978. 78-1668 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. 3. 108: PUBLIC DANCE PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit submitted by Empresa Frias for a dance to be held December 23, 1978, 7:00 P.M. to 1:00 A.M., at the Anaheim Convention Center. (Cruz Frias, applicant) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 78R-800 and 78R-801 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. 78R-800: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Raymond Spehar, et al.; Anaheim Savings & Loan Association; Frederick R. Sacher, et ux.; Yreneo G. Munoz, et ux.; Clyde M. Ikuta; Robert Q. Sutherland, et al.; Village Center Apart- ments) 123: RESOLUTION NO. 78R-801: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A DRAINAGE REIMBURSEMENT AGREEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Parkewood Village) (Clementine Street Drainage Reimbursement area, a portion of District 25 of the Master Plan for Drainage) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 78R-800 and 78R-801 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 20, 1978, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 78-79-17: Submitted by Tsueng-Yen and Grace Yang Huang, for a change in zone from RS-A-43,000 to CH, to expand an existing 21-unit motel by constructing an additional 10 units on property located at 845 South Beach Boulevard. The City Planning Commission, pursuant to Resolution No. PC78-261, granted Reclassification No. 78-79-17 and granted negative declaration status. 2. RECLASSIFICATION NO. 78-79-18: Submitted by Velma Godard and Anna Van Heemst, for a change in zone from County A-1 to RS-5000, to construct a 4-lot subdivision on property located on the west side of Bubach Street approximately 560 feet north of the centerline of Orangethorpe Avenue. 78-1669 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC78-262, granted Reclassification No. 78-79-18 and granted negative declaration status. 3. RECLASSIFICATION NO. 78-79-21: Submitted by the City of Anaheim, for a change in zone from County A-1 to RS-A-43,000 on property located approximately on 0.7 acres with a frontage of approximately 223 feet on the west side of Bubach Street approximately 560 feet north of the centerline of Orangethorpe Avenue. The City Planning Commission, pursuant to Resolution No. PC78-263, granted Reclassification No. 78-79-21 and granted negative declaration status. 4. CONDITIONAL USE PERMIT NO. 1063 - EXTENSION OF TIME: Request by C. M. McNees, for an extension of time to Conditional Use Permit No. 1063 to establish a hall for variety shows, lectures, meetings, dances, etc., with an on-sale liquor establishment in an existing structure on property located at 1721 South Manchester Avenue. The City Planning Commission granted an extension of time to Conditional Use Permit No. 1063, to expire October 7, 1979. 5. CONDITIONAL USE PERMIT NO. 1072 - EXTENSION OF TIME: Request by C. M. McNees, for an extension of time to Conditional Use Permit No. 1072 to establish a bus depot in an existing structure on property located at 1711 South Manchester Avenue with a waiver of maximum permited projection of a wall sign. The City Planning Commission granted an extension of time to Conditional Use Permit No. 1072, to expire November 4, 1979. 6. CONDITIONAL USE PERMIT NO. 1558 - EXTENSION OF TIME: Request by Ray Siegele, for an extension of time to Conditional Use Permit No. 1558 to permit a metal reclamation and outdoor storage of rags and metal on property located at' the southeast corner of Santa Ana Street and Atchison Street. The City Planning Commission granted an extension of time to Conditional Use Permit No. 1558, to expire August 18, 1979, subject to certain conditions. 7. CONDITIONAL USE PERMIT NO. 1906: Submitted by Forest Lawn Cemetery Associa- tion, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 1225 North Euclid. The City Planning Commission, pursuant to Resolution No. PC78-266, granted Conditional Use Permit No. 1906 and ratified the Planning Director's categorical exemption determination. 8. CONDITIONAL USE PERMIT NO. 1907: Submitted by Robert and Esther J. Carlin, to permit a drive-through restaurant on CG zoned property located at 1025 West Lincoln Avenue with certain code waivers. The City Planning Commission, pursuant to Resolution No~ PC78-267, granted Conditional Use Permit No. 1907 and granted negative declaration status. 78-1670 City Hall, Anaheim~ California - COUNCIL MINUTES - December 12, 1978, 1:30 P.M. 9. CONDITIONAL USE PERMIT NO. 1908: Submitted by Golden West Equity Properties, Inc., to permit on-sale alcoholic beverages in a restaurant and banquet facility on ML zoned property located at 1929 and 1939 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC78-268, granted Conditional Use Permit No. 1908 and ratified the Planning Director's categorical exemption determination. 10. CONDITIONAL USE PERMIT NO. 1911: Submitted by Harry S. Rinker and Walter A. Frome, to permit a chiropractic office on ML zoned property located at 5542 La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC78-271, denied Condi- tional Use Permit No. 1911 and ratified the Planning Director's categorical exemption determination. 11. CONDITIONAL USE PERMIT NO. 1912: Submitted by Anthony J. Rivera, to permit a truck body repair and paint shop on ML zoned property located at 1421 North State College Boulevard with a waiver of requirement that all lots abut a public street. ~he City Planning Commission, pursuant to Resolution No. PC78-269, granted Conditional Use Permit No. 1912, in part, and granted negative declaration status. 12. CONDITIONAL USE PERMIT NO. 1914: Submitted by Las Tiendas de Yorba, to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located at the northwest corner of Santa Ana Canyon Road and Imperial Highway. The City Planning Commission, pursuant to Resolution No. PC78-272, granted Conditional Use Permit No. 1914 and ratified the Planning Director's categorical exemption determination. 13. VARIANCE NO. 2643 - EXTENSION OF TIME: Request by Timothy W. Wallace for an extension of time to Variance No. 2643 to permit the outdoor storage of used automobile supplies and parts on property located on the northeast corner of Center Street and Manchester Avenue. The City Planning Commission granted an extension of time to Variance No. 2643 to expire October 30, 1980. 14. VARIANCE NO. 2849 - EXTENSION OF TIME: Request by Vic Peloquin for an extension of time to Variance No. 2849 to permit the retail sales of sandWiches on ML zoned property located at 3445 "C" East La Palma Avenue. The City Planning Commission granted an extension of time to Variance No. 2849 to expire September 27, 1979. 78-1671 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. 15. VARIANCE NO. 3063: Submitted by Properties Limited, to retain an 8-foot high block wall on ML zoned property located at 3000 East Miraloma Avenue and 2990 La Loma Circle with a waiver of maximum wall height. The City Planning Commission, pursuant to Resolution No. PC78-265, granted Variance No. 3063 and ratified the Planning Director's categorical exemption determination. 16. NEWKIRK DUMP SITE - PROPOSED SALE: The County of Orange, Real Estate Division, proposing to sell the landfill known as the Newkirk Dump Site, 20.4 acres located between the Santa Ana River and the Riverside Freeway west of Tustin Avenue. The City Planning Commission concurred with the sale, subject to certain conditions. No action was taken on the foregoing items, thus the actions of the City Planning Commission became final. ORDINANCE NO. 3950: Councilwoman Kaywood offered Ordinance No. 3950 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3950: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-7, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Ordinance No. 3950 duly passed and adopted. ORDINANCE NOS. 3951 AND 3952: Councilman Kott offered Ordinance Nos. 3951 and 3952 for first reading. 108: ORDINANCE NO. 3951: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING CHAPTER 4.75 RELATING TO TOWING OR IMPOUNDING VEHICLES FROM PRIVATE PROPERTY. ORDINANCE NO. 3952: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3812 NUNC PRO TUNC. (corrects legal description, 73-74-25) 105: APPOINTMENT TO YOUTH COMMISSION: Councilwoman Kaywood stated that she first wanted to make a motion to reappoint Stephen Pinson for a two-year term to the Youth Commission, and, because the Commission would be down by 6 members as of December 31, 1978, declare those six seats vacant. Mayor Seymour asked that in light of the forthcoming December 15, 1978, meeting with the Youth Commission, that any action be delayed on additional appointments. 78-1672 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - December 12~ 19787 1:30 P.M. Discussion followed relative to advertising of the positions on the Youth Commis- sion that would be vacated or where terms would be expiring. Councilwoman Kaywood requested that any such advertising indicate that applicants must have the time to attend Commission meetings because absences haVe been an ongoing problem. Councilman Roth suggested if there was a lack of interest, that the Mayor should discuss the possibility of disbanding the Commission at his meeting with them. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, Stephen Pinson was reappointed to the Anaheim Youth Commission for the term expiring December 31, 1980. MOTION CARRIED. 148: LEAGUE OF CALIFORNIA CITIES - ASSESSMENT AND VOTING POLICY: Councilwoman Kaywood stated that since the League of California Cities Assessment and Voting Committee was meeting on Thursday evening, December 14, 1978, she wanted to offer her input. She considered Alternative No. 5 to be the best, that being the $500 base for all cities, and if it developed into a controversy beyond that relative to representation, she would be in favor of keeping unity. Mayor Seymour stated that the Council had individually expressed themselves on the subject before, and at two previous League meetings, he made known the Council's feelings. No matter what action the Committee would take, the Council would decide, by majority vote, whether or not they would continue as a member. In answer to Councilwoman Kaywood, Mayor Seymour stated that he was unable to attend the National League of Cities meeting as planned, and thus could not be providing a report. 175: STATUS OF 911 EMERGENCY NUMBER: Councilman Kott asked for information on the 911 emergency number plan. Mr. Joseph Wright, Pacific Telephone, stated that the State had deferred the emergency number plan for one year, but it was still a mandated State program for which they were collecting money. 150: ALCOHOLIC BEVERAGES AT BROOKHURST COMMUNITY CENTER: Mayor Seymour stated that a number of inquiries had been received relative to the serving of alcoholic beverages at the Brookhurst Community Center. Mr. James Ruth, Director of Parks, Recreation and the Arts Department, had approached the Council previously to ask their feelings on the matter where people who wanted to hold weddings at the facility also wanted to serve champagne and beverages of that nature befitting the occasion. The Council at that time stated that no alcoholic beverages should be served. Since requests were continually being received, he believed it appro- priate that the Council again consider the situation. Councilman Kott stated that if the facility was going to be used as a community center, it would be appropriate to allow the serving of alcoholic beverages at weddings and wedding-related activities, and he so moved. Before action was taken, the Mayor stated that although he was inclined to agree, he recommended that the City Manager be directed to meet with Mr. Ruth to discuss the matter with him and asked that he present a policy for Council approval. 78-1673 City Hall, Anaheim, California - COUNCIL MINUTES - December 12~ 1978~ 1:30 P.M. Councilman Roth noted that Garden Grove did permit alcoholic beverages in their community center, and it might be prudent to obtain input from them as to their experience with such a policy. Mrs. Eleanor Bay, 2148 West Grayson, stated she served on the Committee that set the policy for the Brookhurst Community Center and it was written for a one-year trial period. They did check with Garden Grove and they did not limit the service of alcoholic beverages to weddings and wedding-related activities. They did experience problems involving fights and stabbings where liquor was served; however, with regard to dances, and not weddings. Councilman Kott thereupon moved to direct the City Manager to contact James Ruth, Parks, Recreation and Arts Director, relative to the establishment of policy regarding the serving of alcoholic beverages at the Brookhurst Community Center. Councilman Seymour seconded the motion. MOTION CARRIED. Mr. Fred Brown, 1531 Minerva, asked if the City would incur any liability in the event someone was injured on City property under the influence of alcohol. Councilman Overholt asked if the same would be true relative to incidents that might occur at the premises after an affair at the Center where alcoholic bever- ages were served. City Attorney Hopkins stated there was a possibility that the City could be involved in litigation under such circumstances. RECESS - EXECUTIVE SESSION: Councilman Overholt moved to recess into Executive Session. Councilman Roth seconded the motion. MOTION CARRIED. (3:35 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:52 P.M.) 118: WAIVER OF CLAIM FOR CITY MOTORCYCLE REPAIRS: Councilman Seymour moved to waive a claim of the City for City motorcycle repairs in connection with an accident involving Yael Lewis Zion. Councilman Kott seconded the motion. Councilwoman Kaywood voted "No". MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. Adjourned: 3:52 P.M. LINDA ]3. ROBERTS, CITY CLERK