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1977/04/12 77-4~0 _City Hall, Anaheim.,. California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. P RES ENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora Sohl POLICE CHIEF: Harold Bastrup PURCHASING AGENT: Mike Michelle PERSONNEL DIRECTOR: Garry McRae ASSISTANT PLANNING DIRECTOR - ZONING: ANNIKA SANTALAHTI Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Randy Rhoades of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Angel Town, California", April 15 - 17, 1977 "Realtor's Private Property Week", April 17 - 23, 1977 MINUTES: Approval of minutes was deferred until the next meeting. WAIVER OF READING - OP, DINANCES 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 reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,817,987.41, in accordance with the 1976-77 Budget, were approved. 160: WAIVE FORMAL BID PROCEDURES - 10-CUBIC YARD VACUUM SWEEPER: On motion by Councilman Roth, seconded by Councilman Seymour, waiving of formal bid procedures for soliciting quotations on a 10-cubic yard street and highway vacuum sweeper was approved as recommended in memorandum dated March 31, 1977, from Michael Michelle, Purchasing Agent. To this motion Councilman Kott voted "No". MOTION CARRIED. 160: BID NO. 3195 - REQUEST FOR PRICE INCREASE BY SANTA ANA DODGE: City Manager Talley referred to memorandum dated March 31, 1977 from the Purchasing Agent wherein he recommended that the Council grant an increase requested by Santa Ana Dodge in the amount of $610.56, on Bid No. 3195 awarded March 8, 1977. The requested in- crease was due to a clerical error made on the original bid which did not take into consideration three automatic transmissions as outlined in letter dated March 17, 1977, from Mr. Clyde Sarver, Fleet Manager of Santa Ana Dodge, 77-411 Hall, Anaheim~ California - COUNCIL MINUTES - April 12~ 1977, 1:30 P.M. Councilman Kott maintained after a bid was made, the bidder should stand by it. He further stated that if Santa Ana Dodge did not honor their bids, regardless of the reason, that the City not offer any more bids to them. In answer to Councilwoman Kaywood, Purchasing Agent Mike Michelle stated this was the first time this vendor had asked for additional funds. On motion by Councilman Kott, seconded by Councilman Seymour, request for additional funds in the amount of $610.56, to cover the clerical error made in the original bid by Santa Ana Dodge (Bid No. 3195) awarded March 8, 1977 was denied and staff instructed to return the original order to Santa Ana Dodge per the original award. To this motion, Councilwoman Kay-wood voted "No". MOTION CARRIED. 123: AGREEMENTS PERTAINING TO HEALTH SERVICES FOR EMPLOYEES AND DEPENDENTS: Councilman Kott asked Personnel Director McRae how the employees felt about a closed panel relative to the proposed health services for employees and their dependents. Mr. McRae explained that in 1975 when the Current Memorandum of Understanding was negotiated, one of the issues the City was asked to consider was the closed panel concept in health maintenance organizations. It was agreed that during the two year period, provisions would be made for implementation so that these options would be made available to City employees as is now mandated by the federal government. Councilman Seymour offered Resolution Nos. 77R-243 through 77R-245 for adoption as recommended in memorandum dated April 5, 1977 from the Personnel Director. Refer to Resolution Book. RESOLUTION NO. 77R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH FAMILY HEALTH PROGRAM, INC. PERTAINING TO HEALTH SER- VICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 77R-244: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH HMO CONCEPTS, INC. PERTAINING TO HEALTH SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. RESOLUTION NO. 77R-245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH SECURITY HEALTH PLAN PERTAINING TO HEALTH SERVICE FOR EMPLOYEES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 77R-243 through 77R-245, both inclusive, duly passed and adopted. 77-4~Z c. ity Hal!, Anaheim,. California - COUNCIL MINUTES - .April 12, 1977, 1:30 P.M. 153: PERSONNEL PLAN FOR IMPLEMENTING ARTHUR YOUNG & COMPANY RECOMMENDATIONS: Councilman Seymour posed several questions to Personnel Director McRae relative to his report dated April 6, 1977, listing Personnel Department plans for imple- menting recommendations made by Arthur Young & Company, which report was requested by the Council on March 29, 1977. Councilman Seymour's questions spoke to City pay policy, recruitment costs, and management training. Mr. McRae explained that (1) no action was taken on the recommended pay policy from Arthur Young, (2) by July 1, 1977, a computer type tracking system would be insti- tuted to monitor recruitment costs, and (3) 4 or 5 times as much management training was being recommended for the next fiscal year than in the past. Councilman Seymour was particularly concerned with expediting a program involving the development of second and third line management and considered a comprehensive needs assessment in this area to be of top priority. To assure that objective would be reached, he requested a list of the specific training programs to be instituted in the next fiscal year. Mr. McRae stated that such a list would be provided as part of the Personnel de- partment's budget. The Mayor questioned Mr. McRae regarding the vacant Affirmative Action Recruiter position and the City's Affirmative Action Program which was of great concern to him. He considered it to be of even higher priority than the tracking of recruit- ment costs or other matters. Mr. McRae explained that the vacant Affirmative Action Recruiter position was due to the 120-day freeze. He had also suggested to the City Manager that when the vacancy was filled, the position be upgraded to a coordinator level thereby enable- ing a more positive stand in the Affirmative Action Program for the entire City. Discussion followed revolving around the present system used in collecting data to meet federal requirements under the Affirmative Action Program and the addi- tional goals the Personnel Department planned to achieve with an automated moni- toring system to pin-point problem areas and ultimately eliminate any adverse impact. The Mayor also stated that relative to City pay policy, the City had approached but not arrived at a~policy of differential settlements. The Mayor emphasized that his concern, as well as that of the Council, was how to reduce to writing that one of their stated goals is to achieve differential settlements. Although Mr. McRae agreed, he was of the opinion that Arthur Young failed to incorporate their policy recommendations in the context of the City's collective bargaining. On motion by Councilman Seymour, seconded by Councilman Thom, report dated April 6, 1977, outlining the Personnel Department plan for implementing recommendations made by Arthur Young & Company was received and filed. MOTION CARRIED. 77-413 C~ity Hall., Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. 156: POLICE PLAN FOR IMPLEMENTING ARTHUR YOUNG & COMPANY RECOMMENDATIONS: On motion by Councilman Kott, seconded by Councilman Seymour, report dated April 5, 1977,~from Police Chief Bastrup outlining the Police Department plan for imple- menting recommendations made by Arthur Young & Company was received and filed. MOTION CARRIED. 123: REIMBURSEMENT AGREEMENT - DRAINAGE FACILITIES: (Classic Development - Tract Nos. 7731, 7732 and 7733) Councilman Kott offered Resolution No. 77R-246 for adoption as recommended in memorandum dated April 1, 1977, by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-246: 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. (Classic Development Corporation) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-246 duly passed and adopted. 174: EDA ANTI-RECESSIONARY APPROPRIATION ALTERNATIVES: Responding to Council request of March 22, 1977, City Manager Talley submitted report dated March 31, 1977, listing five alternatives suitable for funding under the subject grant appropriation and, repotted as well, that the first four would free-up other .City funds thereby contributing towards reduction of the next fiscal year budget. He explained that on Item No. 4, the Police Pistol Range, the bid received'was $23,000 over the amount currently budgeted and that later in the meeting if the Council approved the recommendation to award a contract for range construction, $23,000 could be applied from subject funds to make up the deficit. Councilman Seymour stated he broached the matter at the March 22, 1977 meeting so that full advantage could be taken of the nearly $100,000 remaining from the funds received under the grant and to have those funds directed to areas where the City Manager was certain expenditures would be made in the next fiscal year budget, thereby providing relief to that budget. To the~ degree that the City Manager could assure the Council that his (Seymour's) request was being carried out in the recommendations presented, he was prepared to offer a motion of support. City Manager Talley assured the Council that each one of the first four suggestions, assuming that the Council confirmed later in the meeting that they wanted the Police Pistol Range to be built would, in effect, free a similar amount of money for use in the 1977-78 fiscal year. Councilman Seymour thereupon offered a motion supporting the EDA Anti-recessionary appropriation alternatives as recommended in report dated March 31, 1977 by the City Manager. Councilman Roth seconded the motion. MOTION CARRIED. 77-4~4 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. 129 & 174: EVALUATION OF FIRE STATION LOCATIONS - HUD GRANT APPLICATION: Re- ferring to report dated April 12, 1977 from the City Manager, Councilman Kott questioned why City Fire Department staff could not readily evaluate fire station locations as opposed to authorizing a grant application to accomplish the assess- ment. Mr. Talley explained that a number of fire departments would be running the pro- gram and it allowed the City to receive Federal funds to assist in an analysis of who could provide service in the Anaheim area most efficiently and whether the stations in their present locations were most appropriate. Computer programs would reveal whether or not certain areas were covered more than required and those areas insufficiently covered. In some cases, reallocation of fire stations would eliminate the need for additional fire companies. The program was also use- ful in the distribution of paramedics by service calls and, by ascertaining common boundary responses, can determine which city should answer for most effective service. Councilman Seymour offered Resolution No. 77R-247 for adoption as recommended in report dated April 12, 1977 from the City Manager. Refer to Resolution Book. RESOLUTION NO. 77R-247: A RESOLUTION OF THE CITY COUNCIL OF THE CI~f OF ANAHEIM EXPRESSING ITS DESIRE TO EVALUATE THE LOCATION OF FIRE STATIONS AND TO ACQUIRE CERTAIN FEDERAL FUNDS THEREFOR. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-247 duly passed and adopted. For purposes of the audience and the press, Councilman Kott explained, although he conceded that there were advantages to accepting Federal money, he voted "No" because in this instance there was no direct effect whereby the community, citizen or the taxpayer could benefit. He reiterated that those on City staff involved in the fire business for many years had the ability to make the necessary judg- ments. He also expressed concern relative to subsequent action if, by the use of the Federal money, it was determined the fire stations were not properly allo- cated. Councilman Seymour stated that in his analysis of the request, the $21,000 was first a return of Anaheim taxpayer's money from Washington and secondly, the grant would be very beneficial in that it offered a management tool to statistically and scientifically determine where the City could use some of its existing assets relative to equipment and facilities, especially as it applied to the Canyon area and also as it applied to paramedics. By the use of this management tool, the City could most effectively provide either the same service to more people, or deliver a higher quality of service to the same people, all for the same amount of money. He viewed it as an assist in providing maximum delivery of assets and capabilities to the citizens. 77-4;15 City Hall~ Anaheim, California - COUNCIL MINUTES - April ~12, 1977~ 1:30 P.M. 104: WITHDRAWAL OF TERRITORY FROM SHERWOOD COUNTY STREET LIGHTING DISTRICT: Councilwoman Kaywood offered Resolution No. 77R-248 for adoption as recommended in memorandum dated March 31, 1977 by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-248: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE EXCLUSION OF CERTAIN TERRITORY LOCATED WITHIN THE CITY OF ANAHEIM FROM THE SHERWOOD COUNTY STREET LIGHTING MAINTENANCE DISTRICT AND FURTHER REQUEST- ING THAT SAID DISTRICT BE DISSOLVED BY THE COUNTY BOARD OF SUPERVISORS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-248 duly passed and adopted. 105: ANAHEIM YOUTH COMMISSION - NOMINEE INTERVIEWS: By general consent, inter- views by the Council of nominees for the newly established Anaheim Youth Commis- sion were set for Wednesday, April 20, 1977,.at 3:00 p.m. in the Council Chamber. 105: SCOPE AND RESPONSIBILITIES - HILL AND CANYON MUNICIPAL ADVISORY COMMITTEE: Mayor Thom referred to report dated April 6, 1977 from the Planning Department deliniating the scope and responsibilities of the newly-formed Hill and Canyon Municipal Advisory Committee (HACMAC). Councilman Seymour stated that the report was necessary to insure that HACMAC was not the creation of another Planning Commission but that its intent was to provide a communications channel as opposed to another level of red tape. The report would also assist the members of HACMAC with a sense of direction in their organizational efforts. He found the report to be very thorough and complete. Councilman Seymour stated further that an area of concern was Council coordination with HACMAC and, in order to insure that body acted as a communications device for two-way dialogue between the leadership of the Santa Ana Canyon and the Council, it was important to have a liaison appointee from the Council to serve with the committee, not in a voting capacity, but as an ex-officio member to relay feedback to the Council. The Mayor stated it would be best to have an appointee and an alternate and asked if the Council wanted him to make the appointment or have the Council select. Councilwoman Kaywood nominated Councilman Seymour noting that his experience on the Task Force was invaluable in bringing together dissenting groups. Councilman Seymour indicated he would be happy to serve as an appointee unless there was another member of the Council who was opposed. In that event, he would step aside. Councilman Kott interjected that while HACMAC may not be a constituted Planning Commission, it would make decisions on advisory recommendations to Council. There- fore, since Councilman Seymour had some interest in the Canyon area which ultimately was financial, he could not vote for his participation as a member of the committee as it was his opinion that Councilman Seymour would have a conflict in that regard. 77-416 City Hall, Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Councilman Seymour responded that in four years of service on the Planning Commis- sion, three years on the Council, and eighteen months on the Task Force, there were no instances, because of his professional life, where a problem arose in his providing planning or zoning leadership. He invited Councilman Kott to point out where there may have been a conflict. Councilman Kott asked City Attorney Hopkins what his experience and knowledge have been regarding exclusivity as it related to land development and home selling. Mr. Hopkins stated it was possible for a real estate broker or salesman to have a conflict of interest if he had an exclusive agreement to sell. However, such con- flict would depend on how close the property was to the action in question and many factors had to be evaluated before making a determination. Councilman Kott suggested that Councilman Seymour list his contracts in that area with the City Attorney's Office and subsequently a determination could be made. Councilman Seymour took issue with the need for providing such a list and asserted that public records clearly showed that any time he considered there was the slight- est possibility of a conflict, he abstained from voting. He again invited Council- man Kott to point to a particular situation where he did not do that or conduct himself in the utmost professional fashion. If he could not do so, then he should not allude to the possibility of such a conflict. Councilman Kott responded that he was not alluding, but merely stating that the decision Councilman Seymour would be in a position to make on the Committee, could have an effect on his income. Further discussion followed wherein Councilman Seymour asked the City Attorney if there could be a conflict of interest relative to the Mayor, Councilman Kott and Councilman Roth regarding their respective businesses in the Canyon area or with Councilwoman Kaywood with regard to relatives, friends or business acquaintances living.there. Mr. Hopkins affirmed that in each instance there could be a conflict of interest but all of the factors of the particular case involved at the time would have to be explored and only then can an opinion be rendered. Councilman Roth interjected it was his personal opinion that no member of the City Council should be a member of HACMAC and moved that the Council not appoint anyone from the Council to the Committee. Councilman Kott seconded the motion for the purpose of discussion. Councilman Seymour emphasized that it was imperative that the line of communica- tion be direct between the Council and the leadership of Santa Ana Canyon and thereupon nominated Councilwoman Kaywood to serve. The Mayor stated he considered the idea of a delegate and an alternate to be the best compromise and did not disagree that there should be an ex-officio Council Member on HACMAC since the intent was to have a free flow of exchange between it and the governing body. To that extent, he moved that both Council Members Seymour and Kott be appointed to the Committee. Councilman Roth seconded the motion. The 77-417 City liall, Anaheim, California- COUNCIL MINUTES- April 12~ 1977, 1:30 P.M. motion failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Roth and Thom COUNCIL MEMBERS: Kaywood, Seymour and Kott A vote was then taken on the motion by Councilman Roth proposing that there be no Council representation on HACMAC. Councilwoman Kaywood and Councilman Seymour voted "No". MOTION CARRIED. Councilman Kott stated for the record that he did not in any way accuse Council- man Seymour of having a conflict of interest, but only suggested the possibility could arise and, therefore, it was best that he did not serve. Councilwoman Kaywood recommended two changes in the Planning Department's report dated April 6, 1977 setting forth the scope and responsibilities of HACMAC for clarification purposes: (1) Page 2, Item 2, third line - "such review may include consultation with developers, .... "make clear that consultation with developers be in a group and not any individuals acting unilaterally. (2) Page 3, last paragraph - "... operation of HACMAC will be fully reviewed in not less than one year from the date of establishment .... "change to, not more than one year. The Mayor agreed that the foregoing changes should be incorporated in the report. Councilwoman Kaywood also requested in connection with clerical assistance as out- lined under Administration, Page 2, that a record be kept of costs which may be incurred. On motion by Councilman Seymour, seconded by Councilman Roth, the staff report establishing the scope and responsibilities of HACMAC was approved with the noted changes. MOTION CARRIED. As recommended by Phil Schwartze, Assistant Planning Director--Planning, a joint start-up meeting between the Council and HACMAC was set for Tuesday, April 26, 1977, at 7:30 P.M. in the Council Chamber. Staff was also instructed to send a copy of the Planning Department report to all 15 newly-appointed members of HACMAC. 156: AWARD OF WORK ORDER NO. 1055 - REHABILITATION OF POLICE PISTOL RANGE: Councilman Roth offered Resolution No. 77R-249 for adoption as recommended in memorandum dated March 22, 1977, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PER- FORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVE- MENT: REHABILITATION OF THE POLICE PISTOL RANGE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1055. (James P. Reid Building Company, Inc., $109,880) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-249 duly passed and adopted. 7 City Hall~ Anaheim, California- COUNCIL MINUTES- April 12~ 1977~ 1:30 P.M. Mr. Talley confirmed for Councilman Kott that as previously stated, $23,000 under Work Order No. 1055 would be funded from the EDA Anti-recessionary Grant, and the remaining balance was already budgeted. 108: RECONSIDERATION - DINNER DANCING PLACE PERMIT: On motion by Councilman Thom, seconded by Councilman Roth, reconsideration of denial of an application for a Dinner Dancing Place Permit for the Plush Fox Inn, 950 Ox Road, for dancing Sunday through Saturday, from 7:00 p.m. to 2:00 a.m. was continued for three weeks at the request of the Applicant's attorney subject to a $25 fee. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kott, the following actions were authorized in accordance with the reports and recom- mendations 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 Advance Products Company for property damages purportedly sustained as a result of an accident at the Anaheim Convention Center on or about January 16, 1977. b. Claim submitted by Richard Lee McAlister for personal loss purportedly sustained as a result of his arrest by the Anaheim Police Department on or about December 31, 1976. c. Claim submitted by Michael Page for damages purportedly sustained as a result of conversion of personal property by City employees. d. Claim submitted by Mr. & Mrs. Hassan T. Zeshabe for personal injuries purportedly sustained as a result of a collision with a vehicle driven by John Richard Sneed at Orangethorpe and Woods on or about January 6, 1977. (Mr. Sneed is employed by the Anaheim City School District) e. Claim submitted by Karl Martin Grubert for personal injuries and property damages purportedly sustained as a result of a collision with a city-owned vehicle on the Santa Ana Freeway on or about January 26, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114 & 174: James T. Jarrell, Mayor, City of Buena Park, letter to SCAG regard- ing the draft Executive Summary of the Urban Development Strategy. b. 130: Federal Communications Commission Docket Nos. 16928, 16943 and 17098, California Water and Telephone Company, The Associated Bell System Companies, The General Telephone System and United Utilities, Inc., tarriffs applicable to channel service for use by Community Antenna Television System, and Erratum thereto. c. 105: Housing Commission - Minutes of special meeting of February 2, 1977. d. 105: Community Redevelopment Commission - Minutes of March 23 and 30, 1977. 77-419 (~ity }{ali, Anaheim, California - COUNCIL MINUTES - April 12, 1977~ 1:30 P.M. e. ]05: Parks and Recreation Commission - Minutes of November 24, 1976, January 26, February 23 and March 7, 1977. f. 175: Monthly report for February, 1977 - Electrical. g. 175: Southern California Gas Company Notice of Proposed Rate Change. MOTION CARRIED. RESOLUTION NO. 77R-250: Councilman Seymour offered Resolution No. 77R-250 for adoption in accordance with the report and recommendation furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 77R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PARK BUILDINGS AT: SCHWEITZER PARK WORK ORDER NO. 845 RIO VISTA PARK WORK ORDER NO. 851 JUAREZ PARK WORK ORDER NO. 868 APPROVING THE DESIGNS, PLANS PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUC- TION 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 May 5, 1977, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-250 dUly passed and adopted. 130: ORDINANCE NO. 3677: Councilman Thom offered Ordinance No. 3677 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3677: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING ORDINANCES NO. 3179 AND 3192 RELATING TO THE GRANT OF A CABLE ANTENNA TELEVISION FRANCHISE TO THETA CABLE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3677 duly passed and adopted. 149: ORDINANCE NO. 3678: Councilwoman Kaywood offered Ordinance No. 3678 for adoption. Refer to Ordinance Book. 77-420 City Hall, Anaheim~ California - COUNCIL MINUTES - April 12~ 1977, 1:30 P.M. ORDINANCE NO. 3678: AN ORDINANCE OF THE CITY OF ANA}{EIM AMENDING TITLE 14, CHAPTER 14.32 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 14.32.430 RELATING TO PARKING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3678 duly passed and adopted. ORDINANCE NO. 3679: Councilman Seymour offered Ordinance No. 3679 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3679: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(20), RS-5000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3679 duly passed and adopted. ORDINANCE NOS. 3680 AND 3681: Councilman Roth offered Ordinance Nos. 3680 and 3681 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3680: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-24, RM-1200) ORDINANCE NO. 3681: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(3), CL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3680 and 3681 duly passed and adopted. ORDINANCE NO. 3682: Councilwoman Kaywood offered Ordinance No. 3682 for adoption. REfer to Ordinance Book. ORDINANCE NO. 3682: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-7(7), RS-HS-IO,O00) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3682 duly passed and adopted. 77-4 21 Ci__ty Hall, Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. ORDINANCE NO. 3683: Councilman~Thom offered Ordinance No. 3683 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3683: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-30, 76-77-31, RM-2400) Roll Call Vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3683 duly passed and adopted. ORDINANCE NOS. 3684 THROUGH 3686: Councilman Thom offered Ordinance Nos. 3684 through 3686, both inclusive, for first reading. ORDINANCE NO. 3684: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.12, SECTION 1.12.050 OF THE ANAHEIM MUNICIPAL CODE RELATING TO OPEN- ING OF BIDS ON PUBLIC PROJECTS. ORDINANCE NO. 3685: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (72-73-48(2), RS-7200) ORDINANCE NO. 3686: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-29, ML) RECESS - EXECUTIVE SESSION: By general consent, the Council moved to recess into Executive Session. (2:33 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-37 AND~ CONDITIONAL USE PERMIT NO. 1691: Application by Pearl J. St. Pierre, U/W, Hector J. St. Pierre, for a change in zone from RS-A-43,000 to CL to permit a mini-warehouse on property located at 3311 West Lincoln Avenue with code waivers of: a) minimum number of parking spaces b) maximum building height c) minimum building setback The City Planning Commission, pursuant to Resolution No PC77-56, recommended that the subject property be declared exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act and, further, recommended that Reclassification No. 76-77-37 be approved subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Lincoln Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of 77-422 _City Hall, Anaheim, California - COUNCIL MINUTES - April 12, 1977, 1:30 P.M. the City Engineer; that street lighting facilities along Lincoln Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Lincoln Avenue for tree planting purposes. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 8. That Condition Nos. 3, 5, and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC77-57, granted Condi- tional Use Permit No. 1691 subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 76-77-37, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1 (Revision No. 1). 3. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 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. Councilwoman Kaywood asked how many warehouses there were presently in the City and if any problems existed. 77-423 ~ity t]all, Anaheim~ California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Miss Santalahti responded there were five or six and she knew of no problems titus far. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. No one was present. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Kott, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-251 for adoption authorizing the prepara- tion of the necessary ordinance changing the zone as requested and Resolution No. 77R-252 granting Conditional Use Permit No. 1691, subject to the conditions recom- mended by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-37) RESOLUTION NO. 77R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1691. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None ~. The Mayor declared Resolution Nos. 77R-251 and 77R-252 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-38 AND VARIANCE NO. 2912: Application by Michael F. and Mary N. Demeo, for a change in zone from RS-A-43,000 to RS-7200 to establish two lots and construct a single-family residence on property located at 1876 West Orange Avenue with code waivers of: a) minimum lot width b) minimum front-on garage setback c) requirement that all lots rear-on an arterial highway The City Planning Commission, pursuant to Resolution No. PC77-60 recommended that the subject property be declared exempt from the requirement to prepare an Environ- mental Impact Report, pursuant to the provisions of the California Environmental Quality Act and, further, recommended that Reclassification No. 76-77-38 be approved subject to the following conditions: 1. That street lighting facilities along Nutwood Street and Orange Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 77-4:2'~ ~City Hall, Anaheim, California- COUNCIL MINUTES- April 12, 1977, 1:30 P.M. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Orange Avenue for tree planting purposes. 3. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 4. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 5. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 and 2, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the C~ty Council may grant. The Planning Commission, pursuant to Resolution No. PC77-61 granted Variance No. 2912 subject to the following conditions. 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-38, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that an operable automatic garage door opener shall be installed in the proposed garage fronting onto Nutwood Street. 3. That Condition No. 1, 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 and/or City Council may grant. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 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. The Mayor asked if the Applicant or Applicant's Agent was present and satisfied with the recommendations of the Planning Commission. Mr. Don Barker, Emerald Engineering, 417 Main Street, Huntington Beach, represent- ing the Applicant, was present to answer any questions. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he closed the public hearing. 77-425 City Hall, Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council finds that this project 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. 77R-253 for adoption, authorizing the preparation of the necessary ordinance changing the zone as requested and Resolution No. 77R-254 for adoption grantin~ Variance No. 2912 subject to the conditions recom- mended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-38) RESOLUTION NO. 77R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2912. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-253 and 77R-254 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 76-13A: Application by James L. Barisic, to abandon an existing public utility easement located at the west side of Western Avenue, north of Teranimar Drive. Report of the City Engineer dated February 15, 1977, was submitted recommending approval of said abandonment. The Mayor asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman Thom, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Sec- tion 3.01, Class 5 of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the require- ment to file an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-255 for adoption approving Abandonment No. 76-13A. Refer to Resolution Book. RESOLUTION NO. 77R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES. (ABANDONMENT NO. 76-13A, WEST SIDE OF WESTERN AVENUE, NORTH OF TERANIMAR DRIVE.) 77-426 City Hall., Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Roll Call Vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution NO. 77R-255 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-27 AND VARIANCE NO. 2881 - REHEARING: Application by Joseph P. and Gladys E. Gleason, for a change in zone from. CL to RM-1200 to construct a 60-unit apartment complex on property located at 3400 West Ball Road with code waivers of: a) minimum building site width b) minimum sideyard setback (deleted) c) required enclosure of carports (deleted) A request for rehearing was filed by Architecture West, Inc., Agent for the Petitioner, pursuant to denial of the Reclassification and Variance by the City Council on February 15, 1977. Two letters in opposition to the proposed project were received and submitted to the Council from Anaheim General Hospital, dated April 12, 1977, and from Mr. and Mrs. Von Karvaly, dated April 8, 1977. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. John Waters, 747 West Katella, Orange, Agent for the Applicant, explained that initially after a great deal of deliberation, it was finally decided apartments afforded the best use of the subject property as opposed to commercial development. He contended that the project was a needed one which would provide a very desirable living environment due to it8 configuration and the fact that it was an inward oriented community with all units facing out on a recreation area; the recreation area being one-third of the gross site area. Two of the original waivers relative to minimum sideyard setback and required enclosure of carports had been eliminated by a change in plans although the waiver of minimum building site width was still requested; 50-foot wide, 70-feet required. However, that portion of the property was not to be used to build structures but proposed for access purposes only. Since the matter had been before the Council previously as well as twice before the Planning Commission, Mr. Waters wanted to address some of the particular com- plaints and concerns of the neighboring homeowners as well as the adjacent Anaheim General Hospital. The Hospital expressed the following basic concerns; (1) setback from property line--waiver "b" was now deleted and an 8-foot masonry wall to be installed next to the units on the side adjacent to the hospital. A buffer land- scaping strip will also be provided. (2) Entrance--the entrance to be utilized was an existing one. Any future use for the property, if developed commercially would use the same entrance and generate a higher volume of traffic. The public entrance to the hospital was further down Ball Road to the east and the ambulance entrance as well was on the east side of the hospital and not the entrance adjacent to the subject property. (3) Noise and traffic--the proposed project would be more desirable relative to activity, noise and traffic compared to a potential commercial development. 77-4:7 City ~tall, Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Mr. Waters stated that he found it difficult to communicate with some of the concerns expressed by the homeowners, mainly the attack on apartment develop- ments and people in these developments relative to crime, thievery and the like. A check was made with the Police Department and it was revealed that in the sub- ject district there was no statistical data to support the claims made and there was nothing available to indicate that apartments had a higher crime rate than single-family residences. In fact, there was only one police call in the last year from apartments in the subject area. As far as being a nuisance and ultimately a slum, Mr. Waters indicated the intent was to build a very nice apartment complex; the builder having built first class apartments in the past. He pointed out that such concerns arose when homeowners were worried about apartments encroaching on their living area. However, they were not adjacent to single-family residences and their closest unit would be 450-feet away, triple the 150-feet required. Mr. Waters reiterated that although the land was zoned commercial, the residential use would be a much more desirable one since, if the property was developed commercially, restaurants, cocktail lounges and similar uses would be permitted with a conditional use permit. Mr. Waters then referred to the petition submitted by the homeowners and, working from a map of the area, showed the area from which the petitioners came and noted that 61 homes out of 135 homes were represented, 5 were renting, 20 were signed by spouses, and there were 5 names where street addresses could not be located. In summary, Mr. Waters maintained that the project was a good one for the City and the only legitimate potential use of the land providing needed housing. There would be less activity, less noise, and less traffic problems if the property was rezoned for the kind of use requested. He stated that he also had petitions signed by tenants of commercial businesses at the corner of Ball Road and Knott in support of the project as well as two homeowners of principal properties which he illustrated from the map. In answer to Councilman Seymour, Mr. Waters explained some of the architectural amenities to be used in construction of the proposed complex. One which he considered most significant was that a double stud wall would be installed between each of the units which is not normally required. The Mayor asked if anyone wished to speak either in favor or in opposition to the proposed project. Mr. Edwin Rhinehart, 1313 South Oakhaven, spokesman for the area residents and the Anaheim General Hospital stated that they were still opposed to the proposed project for the same reasons as articulated at the previous meeting (see Council Minutes of February 15, 1977) wherein the project was denied and the minor changes proposed would in no way mitigate the resultant problems in their opinion. He then submitted another petition for the record containing 143 names. Mr. Rhinehart summarized the previous concerns expressed relative to the traffic that would be generated and the deleterious effect it would have on the elderly people in the area with medical problems as well as resultant crime from low-cost housing. He emphasized that since it was the neighborhoods decision to change the zoning to commercial use, as taxpayers, they should have a voice in determining what might be built in the area. He further emphasized that 60 apartment units were inappropriate next to a hospital and the property would be more suitable for 77-428 City Hali~ Anaheim~ California- COUNCIL MINUTES- April 12~ 197.7, 1:30 P.M. an elderly convalescent home. He reiterated for the homeowners and the hospital their continued opposition to the project. In answer to Councilman Roth, Mr. Rhinehart stated he was not involved with health care for the elderly. There were no further persons who wished to speak in opposition to the project. Mr. Gordon Young, 1401 Dove Street, Hester, Brown and Associates, Real Estate Broker, Agent for the builder, explained that he was the one who went to the Police Depart- ment to obtain the data presented by Mr. Waters. He also spoke to the comment made by Mr. Rhinehart relative to the apartments turning into a slum area and stated that the rent structure of $250 to $300 per month was such to preclude that assumption. He compared the project with a similar apartment complex in the area now 14 years old on which he had first-hand knowledge. It had the same type of entryway and other similar features. The surrounding area was not downgraded in any way and the apartment complex was well maintained. Mrs. Patricia Bayley, 801 North Loara, although not speaking for or against the project, took issue with some of the derogatory comments made by Mr. Rhinehart relative to apartment dwellers and stated that the attitudes of homeowners should change towards those who lived in apartments. The Mayor closed the public hearing. Councilman Seymour explained that the last time the matter was in public hearing before the Council, he felt strongly that the taxpayers should have a right in determining what was best for their neighborhood. Since that time, he considered several matters in depth relative to the present appearance of apartment projects with a similar layout and no street frontage but instead a driveway for access. He was impressed by what he saw in his investigation. Since Mr. Rhinehart made a statement that the homeowners in the area had a hand in their destiny when the property was zoned commercial, he wanted an indication of the sentiment in 1970 relative to the building of the hospital and the position of the home- owners at that time. A man from the audience explained that at that time, a proposal was presented to build apartments and it was voted down; subsequently the hospital was proposed and the residents were in favor of the project, The Mayor stated that his views had not changed from the previous meeting and that in view of the opposition of the surrounding community, self determination should dominate. ENVIRONMENTAL IMPACT REPORT FINDING: A negative declaration status was granted by the City Council on February 15, 1977, exempting the project from the requirement to prepare an EIR. 77-429 ~£ty Hall, Anaheim, California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Councilman Thom offered Resolution No. 77R-256 for adoption denying Reclassifi- cation No. 76-77-27 and Resolution No. 77R-257 for adoption denying Variance No. 2881. Refer to Resolution Book. RESOLUTION NO. 77R-256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (76-77-27) RESOLUTION NO. 77R-257: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2881. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 77R-256 and 77R-257 duly passed and adopted. 148: ORANGE COUNTY LEAGUE OF CITIES MEETING: Councilwoman Kaywood announced that the next Orange County League of Cities meeting was taking place on Thurs- day night, April 14, 1977, at the Holiday Inn in Fullerton. 147: SANITATION DISTRICT: Councilwoman Kaywood reported that the Santa Ana River Interceptor Sewer, Reaches 6, 7, and 8 were now complete from Gypsum Canyon Road to the Orange County line and the whole project was now complete from Prado Dam to Plant No. 2 in Huntington Beach. 120: REQUEST FOR NO SMOKING IN COUNCIL CHAMBER: Councilwoman Kaywood'read a letter from Peggy Johnson recommending a compromise plan to solve the ongoing smoking issue in the Council Chamber during Council meetings. 163: ROOF QUALITY - ANAHEIM HILLS ELEMENTARY SCHOOL: Councilman Seymour explained that there was a great deal of concern expressed in the Anaheim Hills area relative to the construction of the Anaheim Hills Elementary School and, more specifically, the materials used in the roofing of the building. His concern was that Council be represented at the School Board meeting, Thursday night, April 14, 1977, to support a roof quality more compatible with the area, namely a chemically treated shake roof or masonry tile consistent with the wishes of homeowner groups as opposed to be asphalt or chemically treated woodshingle roof proposed by the School Board. On motion by Councilman Seymour, seconded by Councilman Thom, Councilman Seymour was appointed to attend the School Board meeting April 14, 1977, to support the desired roof quality for Anaheim Hills Elementary School. MOTION CARRIED. 120: SMOKING IN COUNCIL CHAMBER: Mayor Thom read a letter from Rosalyn Sherwood in support of smoking in the Council Chamber. 111: REQUEST FOR COMPUTER PRINTOUT FROM LICENSE DIVISION - ANAHEIM CHAMBER OF COMMERCE: On motion by Councilman Thom, seconded by Councilman Seymour, request from the Anaheim Chamber of Commerce to provide a computer printout from the Busi- ness License Division to assist in updating their business directory was approved. MOTION CARRIED. 77-430 Hall, Anaheim, California - COUNCIL MINUTES - April 12, 1977, 1:30 P.M. RECESS - EXECUTIVE SESSION: Councilman Thom moved to recess into Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:00 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:04 P.M.) RECESS: Councilwoman Kaywood moved to recess to 7:30 P.M. for a joint meeting with the Special Study Committee for Cultural Arts. Councilman Roth seconded the motion. MOTION CARRIED. (5:04 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members present with the exception of Councilman Seymour (arrived 7:35 P.M.) for the purpose of conducting a joint meeting with the Special Study Committee on Cultural Arts. (7:30 P.M.) PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl PARKS, RECREATION AND ARTS DIRECTOR: James Ruth 105: DISCUSSION OF ORDINANCE DISBANDING THE CULTURAL-ARTS COMMISSION: Mayor Thom recapitulated the events which led to this meeting for discussion of an ordinance proposed by a majority of the City Council which would, if enacted, disband the City's Cultural Arts Commission. Mayor Thom stated at the outset that his personal feelings relative to this subject are that the Anaheim Foundation for Culture and the Arts Board of Directors, as a private entity, is capable of performing the cultural needs assessment for the community which the Special Study Committee recommended be done by a professional consultant. He further noted that this meeting was called to allow opportunities for discussion inasmuch as Council Members Kaywood and Seymour felt the Special Study Committee report should be reviewed by the Council prior to taking any action on the proposed ordinance. (The Special Study Committee on Cultural Arts report dated April 6, 1977, together with proposed reorganization of the Cultural Arts Commission dated March 17, 1977 were submitted one week prior to this meeting and are on file in the Office of the City Clerk.) Mr. James Ruth stated that following the joint meeting of August 18, 1976 of the City Council, Cultural Arts Commission and Anaheim Foundation for Culture and the Arts Board, his direction was to meet with these groups and come back with a recom- mendation. He reported that three meetings were held of the Special Study Committee for Culture and the Arts with good participation by the Arts groups involved and a majority were in support of a more positive direction. The end result of these meetings and input from the various Boards was that the City should not abolish the Cultural Arts Commission. Mr. Earl Dahl commented that the course recommended by Mr. Ruth and the Special Study Committee utilizes the community's resources to the utmost degree. He voiced the opinion that employing the Foundation Board as the directing or umbrella agency would simply further the difficulties already experienced. He felt Council should recognize that the Board is a private organization designed to administer the func- tions of the Cultural Arts Center, whereas he felt Council should consider as a new approach a more comprehensive Cultural Arts Commission. 77-431 (~itv t{al], /u~aheim, California- COUNCIL MINUTES- April 12, 1977, 1:30 P.M. M1~. Martin Sklar, 1664 Carnelian, described his disappointment and frustrations as a member of both the Cultural Arts Commission and the Foundation Board in his goals of trying to achieve increased opportunities for Anaheim children and adults in the fields of culture and the arts. Mr. Sklar felt that the duties of the Cultural Arts Commission should not be turned over to the Foundation Board as they have not been able to establish effective working relationships with either the Anaheim City School District or the various art groups. He commented that the Special Study Committee has tried to recommend a program which includes a broad representation of the community of art interests and urged that the Council give the Cultural Arts Commission a new chance to succeed. During discussion which ensued regarding the various advantages and disadvantages of using the Foundation Board as the umbrella agency to take over the functions of the Cultural Arts Con~nission, Foundation Board President Robert Malmquist, Foun- dation Member Gladys Wallace and Leta Archer, Director, spoke on behalf of the Foundation, noting the accomplishments of the Foundation Board in maintenance and upkeep of the Center and the numerous and varied cultural programs being conducted. Mary Jones interjected that the principles and guidelines for City action adopted at the 1974 Conference of Mayors recognized the arts as an essential municipal service. She listed some of the accomplishments of the Cultural Arts Commission and urged that the City Council not abdicate its role in the arts by transferring the directional responsibilities from the Cultural Arts Commission, which is a public agency, to the private sector, i.e., the Foundation Board. Mayor Thom pointed out that the City has successfully relegated its commitment to recreation and tourism by contract to the Anaheim Visitor's and Convention Bureau, and he felt that this approach would also work with culture and the arts. Mrs. Mary Jones related that if the City Council is looking for a vehicle through which the arts can be supported and enhanced, they need an entity organized differ- ently than the Foundation Board, which is primarily involved with the operation of one facility. Mrs. Elsie Reed, 914 Fairview Street, President of the Anaheim Arts Council, spoke in favor of the Commission, noting that she feels the Commission is successful by virtue of the accomplishments and activities of her own organization and the many others which it helped create. She noted that one of the main reasons she would be opposed to the Foundation Board taking over the function of the Cultural Arts Commission is that the Board has no representation on it of the various 'arts groups in Anaheim, that it is composed primarily of businessmen. Mr. Ray Campbell, 620 Gilbuck Street, member of the Special Study Committee and Foundation Board, supported the concept of an outside survey organization to determine the actual interest level and the cultural arts needs in the community. He reviewed the sub-committee recommendation for expansion of the Cultural Arts Commission which he felt would embrace the entire community. Judith Hilleary, Chairman of Citizens' Committee and a member of the Special Study Committee, felt that they did not have sufficient information and strongly recom- mended that the Council utilize an outside expert for the needs survey as recommended by the Committee. 77-432 City Hall, Anaheim~ California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. Bernice Douglas, 2314 East Ball Road, President of the Anaheim Art Association, discussed her organization's relationship with the Foundation and their dissatis- faction with the use of the Cultural Arts Center since they pay for full year's use * and only allowed to use it half the year, plus paying a percentage of all art sold. She also felt the facilities badly need to be expanded. She urged that once the function of the Cultural Arts Commission is newly organized, that they become the driving force towards obtaining an enlarged Cultural Arts Center in the Redevelopment Project. Mr. John Sawyer wished to make Council aware that there is a Civic Light Opera Company in Anaheim which is presently using the auditorium at Anaheim High School, which is not truly satisfactory as it is available only if the School District is not using it. He commented that there is no space even for an office from which they might function at the Cultural Arts Center and are not allowed to use the Center ** for rehearsal performances. At the conclusion of discussion, Mayor Thom indicated he was willing to stipulate that the Cultural Arts Center is an inadequate facility and needs to be enlarged. Further he stated that he is not opposed to a needs assessment, but that he feels the Council should contract for such an assessment directly if they desire to implement same. He personally favored implementing such an assessment through the Foundation Board by contract. He voiced the opinion that he has felt for a number of years that the Cultural Arts Commission and Foundation Board were in contradic- tory roles and therefore the continuation of both agencies is unnecessary. He remarked that he did not come to this decision lightly, having held several joint meetings on this specific subject with the Cultural Arts Commission since 1975. Councilwoman Kaywood read a section from the "Handbook for New Council Members" re- garding the functions of Park and Recreation Departments with the advent of increased leisure time. She voiced the opinion that the Council action taken on March 29, 1977 to instruct the City Attorney to prepare the ordinance disbanding the Cultural Arts Commission was "unfortunate and uninformed". She felt that the Council could have waited two weeks longer until receipt of the report from the Special Study Committee, particularly in view of the fact that it was not a regular agenda item at the time it was introduced for discussion. She felt this action to be most precipitous and certainly detrimental, in that she firmly believed the Special Study Group was moving in the right direction of creating a cooperative atmosphere. An additional brief discussion took place between Councilwoman Kaywood and members of the audience, during which the proposal of an expanded Cultural Arts Commission was further discussed and Mrs. Archer stated she saw no need for a commission of any kind under the Parks, Recreation and the Arts Department. At the conclusion of this discussion, Councilwoman Kaywood requested a show of hands of those in the audience in favor of a Cultural Arts Commission as currently constituted or with an expanded or broadened representation. An overwhelming majority of those present (more than 30) indicated approval of this concept. Four persons opposed this concept. Councilman Roth indicated that he felt at this stage a first reading of the ordinance would be premature; that some professional outside advice would be appropriate, inasmuch as the action the Council is considering at this time would have far reaching ramifications. * See Minutes of May 31, 1977, Page 77- 610 ** See Minutes of May 31, 1977, Page 77610 77-433 (~[tv Hail, Anaheim, California - COUNCIL MINUTES - April 12, 1977, 1:30 P.M. Councilman Kott felt the situation was difficult at best, but that if the Founda- tion were to be the organization assigned the responsibilities, then the Founda- tion Board should include some people from the various Cultural Arts groups. Councilman Seymour was of the opinion that the action taken by a majority of the City Council instructing the City Attorney to prepare the ordinance under discussion was precipitious and noted that he tried to convince the Council to wait until they could review the Special Study Committee report. He summarized that in his opinion the most important ingredient in this situation is the people to be served by the facilities and programs, and that his own great concern is with the elimination of taxpayers' dollars in the Cultural Arts Program, which is what will in effect occur upon disbanding the Cultural Arts Cormmission. He stated that he questions whether the Foundation Board has the financial strength to deliver the programs which have been presented in the past by the Cultural Arts Commission, especially in view of the projected 1977-78 costs of $102,132 for some 382 separate events. Therefore, Councilman Seymour stated if the Foundation Board is going to use taxpayer dollars for the programs and not just facilities, they should come to grips with the problem of expanding their Board as outlined in the recommendation of the Special Study Committee. He stated he would support such a program provided that the Foundation Board were willing to expand to, in fact, provide the umbrella organization as previously discussed. Councilman Seymour further explained that he would support the reading of an ordinance to disband the Cultural Arts Commission if within the 30 days it takes for that ordinance to become effective the Board comes to grips with what will happen to these programs supported by taxpayer dollars. If the Foundation cannot carry these programs forward, he (Councilman Seymour) would then support a move to turn the direction of those programs over to the Parks and Recreation Commission. In addition, he noted that the taxpayers must be represented on the Board if tax- payer dollars are to be used. ORDINANCE NO. 3687: Mayor Thom offered Ordinance No. 3687 for first reading. ORDINANCE NO. 3687: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 1.04.400, 1.04.410, 1.04.420, 1.04.430, 1.04.440, 1.04.450 AND 1.04.460 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CULTURAL ARTS COMMISSION. Councilman Seymour further suggested that the best approach to be taken, if Ordinance No. 3687 is adopted when presented for voting next week, would be to have two members of the City Council sit down and meet with the Foundation Board in a number of work sessions. ~yor Thom concurred with Councilman Seymour's approach and his suggestion, and stated that he would be willing to serve as a Council representative in such meetings with the Foundation Board. By general consent, Council Members Thom and Seymour were designated to meet and work with the Foundation Board if the ordinance is adopted. 7 7-4;3~ City Hall~ Anaheim~ California - COUNCIL MINUTES - April 12~ 1977~ 1:30 P.M. ADJOURNMENT: Councilman Seymour moved to adjourn. motion. MOTION CARRIED. Adjourned: 9:50 P.M. LINDA D. ROBERTS, CITY CLERK LEONORA N. SOHL'~'~ Councilman Thom seconded the