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1977/06/2177-702 City Hall, Anaheim~ California - COUNCIL MINUTES - June 21~ 1977, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom COUNCIL MEMBERS: Roth CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins PARKS, RECREATIONS AND THE ARTS DIRECTOR: James Ruth CITY ENGINEER: James P. Maddox UTILITIES DIRECTOR: Gordon Hoyt 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: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, minutes of the regular meetings held April 26 and Mmy 10, 1977 were approved subject to typographical corrections on the minutes of May 10, 1977. Council- man Roth was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved'to waive the reading, in full, of all ordinances and resolutions and that consent to th~ waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Seymour seconded the motion. Councilman Roth was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,510,768.12, in accordance with the 1976-77 Budget, were approved. 174 & 123: INSTRUCTIONAL SERVICES~ YOUTH PAINT AND PICK-UP PROGRAM: (Wallace G. Alexander - John Rush) In answer to Councilman Kott, Executive Director of Community Development, Norm Priest, explained that the positions were not advertised but the instructors involved were available through the school system as utilized in the past because they possessed skills working with youth and Youth Paint and Pick-up type work. Councilman Kott stated he would vote "no" because of the salary schedule. It was his opinion that $10 an hour and 15¢ a mile was excessive for the type of work involved. Councilwoman Kaywood offered Resolution Nos. 77R-434 and 77R-435 for adoption as recommended in memorandum dated June 7, 1977, from Mr. Priest. Refer to Resolution Book. 77-703 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-434: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR INSTRUCTIONAL SERVICES. (Wallace G. Alexander - July 1, 1977 to September 16, 1977) RESOLUTION NO. 77R-435: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR INSTRUCTIONAL SERVICES. (John Rush - July 1, 1977 to September 16, 1977) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution Nos. 77R-434 and 77R-435 duly passed and adopted. 123: JOINT RECREATION PROGRAM FY 1977-78~ PLACENTIA AND ORANGE UNIFIED SCHOOL DISTRICTS: After clarification of some aspects of the two proposed agreements by James Ruth, Parks, Recreation and the Arts Director, Councilman Kott offered Resolution Nos. 77R-436 and 77R-437 for adoption as recommended in memorandums dated June 15, 1977 from Mr Ruth. Refer to Resolution Book. RESOLUTION NO. 77R-436: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE PLACENTIA UNIFIED SCHOOL DISTRICT TO ORGANIZE, PROMOTE AND CONDUCT A JOINT PROGRAM OF COMMUNITY RECREATION. RESOLUTION NO. 77R-437: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE UNIFIED SCHOOL DISTRICT TO ORGANIZE, PROMOTE AND CONDUCT A JOINT PROGRAM OF COMMUNITY RECREATION. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution Nos. 77R-436 and 77R-437 duly passed and adopted. 123: ADDITIONAL ARCHITECTURAL SERVICE CHARGES, BROOKHURST PARK COMMUNITY RECREA- TION BUILDING: Councilman Kott questioned whether the extra charges for the sub- ject building would be allocated from Federal funds. Mr. Ruth explained the $5,061.94 would come from either Federal funds or in-lieu fees and not from the General Fund. He further explained they were over the grant amount at inception and presently were approximately $115,000 over estimate. When the grant was submitted, it had to be expedited as quickly as possible because of the time limitations involved and, as well, when the project was moved to the Brookhurst site, it required considerable amount of engineering and redesign. 77-704 ~ity Ha~l, Anaheim, California - COUNCIL MINUTES - June 21, 1977~ 1:30 P.M. Councilman Kott offered Resolution No. 77R-438 for adoption as recommended in memorandum dated June 14, 1977 from the Director of Parks, Recreation and the Arts Department. Refer to Resolution Book. RESOLUTION NO. 77R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING COMPENSATION FOR EXTRA ARCHITECTURAL SERVICES PURSUANT TO AN AGREEMENT WITH DAN L. ROWLAND AND ASSOCIATES RELATING TO THE BROOKHURST PARK COMMUNITY RECREATION BUILDING. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 77R-348 duly passed and adopted~ 153 & 174: JOINT POWERS AGREEMENT, ORANGE COUNTY MANPOWER COMMISSION, PUBLIC SERVICE EMPLOYMENT PROGRAM BUDGET MODIFICATION AND JOB CLASSIFICATIONS: Council- man Seymour offered Resolution Nos. 77R-439 through 77R-441, both inclusive, for adoption as recommended in memorandums dated June 14, 1977, from Personnel Director Garry McRae. Refer to Resolution Book. RESOLUTION NO. 77R-439: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITIES OF SANTA ANA, ANAHEIM, HUNTINGTON BEACH, AND GARDEN GROVE RELATING TO THE ORANGE COUNTY MANPOWER COMMIS- SION, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AMENDMENT TO AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. RESOLUTION NO. 77R-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE PUBLIC SERVICE EMPLOYMENT PROGRAM BUDGET MODIFICATION AND AUTHORIZ- ING DISBURSEMENT OF FUNDS FOR APPROVED ACTIVITIES. RESOLUTION NO. 77R-441: A RESOLUTION OF THE CITY COUNCIL OF THE CItY OF ANAHEIM ESTABLISHING NEW PUBLIC SERVICE EMPLOYMENT PROGRAM JOB CLASSIFICATIONS AND RATES OF PAY, AND AMENDING RESOLUTION NO. 76R-312. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution Nos. 77R-439 through 77R-441, both inclusive, duly passed and adopted. 123: TRAINING OF ANAHEIM POLICE OFFICERS BY THE CALIFORNIA HIGHWAY PATROL: Councilman Kott offered Resolution No. 77R-442 for adoption as recommended in memorandum dated June 7, 1977 from Harold Bastrup, Chief of Police. Refer to Resolution Book. 77-705 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977, 1:30 P.M. RESOLUTION NO. 77R-442: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL, RELATING TO TRAINING CLASSES FOR ANAHEIM POLICE OFFICERS AT THE CALIFORNIA HIGHWAY PATROL ACADEMY. (Training Agreement No. 41-77/78) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ro th The Mayor declared Resolution No. 77R-442 duly passed and adopted. 123: SECURITY PATROL SERVICE FOR UTILITIES SERVICE CENTER: Councilwoman Kaywood offered Resolution No. 77R-443 for adoption as recommended in memorandum dated June 7, 1977 from Utilities Director Gordon Hoyt. Refer to Resolution Book. RESOLUTION NO. 77R-443: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH BONAFIDE SECURITY SERVICE BY EXTENDING THE TERM THEREOF. (term to expire June 30, 1978) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 77R-443 duly passed and adopted. 105: VACANCY ON LIBRARY BOARD - REE BURNAP: On motion by Councilman Thom, seconded by Councilwoman Kaywood, Ree Burnap's seat was declared vacant on the Library Board since she has moved from Anaheim, thus permitting posting of an unscheduled vacancy. Councilman Roth was absent. MOTION CARRIED. 169: WORK ORDER NO. 809-A - RIVERDALE AVENUE STREET IMPROVEMENT: In answer to Councilman Seymour, City Engineer Maddox indicated they planned to again solicit bids for construction of sidewalks as soon as the reconstitution of slopes could be arranged, estimated to be approximately three months. Councilman Seymour offered Resolution No. 77R-444 for adoption rescinding Resolution No. 77R-431. Refer to Resolution Book. RESOLUTION NO. 77R-444: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 77R-431 FOR THE RIVERDALE AVENUE STREET IMPROVEMENT (1975-76 SIDEWALK PROGRAM), WORK ORDER NO. 809-A. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 77R-444 duly passed and adopted. 77-706 City Hall, Anaheim, California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. 123: WORK ORDER NO. 909 - MICROWAVE RELAY COMMUNICATIONS TOWER: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, award of bid on Work Order No. 909 for a Microwave Relay Communications Tower was continued for one week. Councilman Roth was absent. MOTION CARRIED. 144 AND 174: ORANGE COUNTY FAIR HOUSING COUNCIL ACTIVITIES: Mr. Bill McCue, Executive Director, Orange County Fair Housing Council, 1220-A North Bristol, Santa Ana, updated the Council on the activities of their organization to keep them apprised of changes made since the City allocated $9,600 as part of their Third Year CDBG Application. Mr. McCue then briefed the Council on some of the newly instituted as well as proposed changes, which in the final analysis would not cost more money but, in fact, in their request next year they would be asking for less. Their new program of Community Awareness was to include audio-visual presentations to corporations relative to the services rendered by the Fair Housing Council with the intent to shift the financial burden from Federal, County and Municipal sources to private corporate sources which would take the cooperation of all government entities to accomplish. Mr. McCue continued by explaining the Council's various and anticipated sources of funding for 1977-78, as well as pro- posed activities to take place in the City of Anaheim, emphasizing that the end results of their efforts in the City would bring $50,000 worth of return for the $10,000 allocated in the 1977-78 proposed City budget. In answer to Councilman Kott, Mr. McCue explained that many of the complaints they received were also from landlords although the vast percentage were tenants. The Housing Council's position was one of neutrality and mediations; their main purpose being to assure that both parties were adhering to the rules. Out of approximately 1,000 phone calls received per month, 80 percent were resolved in the office. Of the 20 percent continuing, the Fair Housing Council monitored those cases and gave advice at each step of the process. The Mayor thanked Mr. McCue for his report. 129: KATELLA HIGH SCHOOL BAND AND DRILL TEAM BOOSTER CLUB: On motion by Council- man Seymour, seconded by Councilman Thom, request for extension of the application period for a fireworks stand permit was approved. Councilwoman Kaywood voted "No". Councilman Roth was absent. MOTION CARRIED. 129: FIREWORKS STANDS IN THE SANTA ANA CANYON: Councilwoman Kaywood stated that she was concerned relative to the number of calls questioning the logic of closing down the Canyon and putting up notices of extreme fire danger and yet allowing fireworks stands to erected. She asked staff what possible extra precautionary measures could be taken other than the education in knowing how to handle fireworks. Discussion followed wherein it was ascertained that since stands were allowed throughout the City, the best way to control them and make certain precautionary measures were being taken was to post notices regarding safety emphasizing the proper handling of what was permissible in the City and State. The Mayor ex- plained that fireworks could be prohibited by ordinance, but it was his opinion that Anaheim had instituted the maximum controls possible and concluded that fireworks were part of the American way of life although he conceded that related fires were to be expected since the fourth of July came at a dry time of the year. 77-707 City Hall; Anaheim~ California - COUNCIL MINUTES - June 21; 1977; 1:30 P.M. 105 AND 150: COMMUNITY SERVICES BOARD: On motion by Councilman Thom, seconded by Councilman Seymour, consideration of the request that the Youth Drop-In/Community Center be placed under the supervision of the Parks, Recreation and the Arts Department for one year was continued for two weeks. Councilman Roth was absent. MOTION CARRIED. 150: MELODYLAND CHRISTIAN CENTER - CHRISTIAN CHILDREN'S PROGRAM: Mr. Fred Werk, General Counsel for the Melod¥1and Christian Center, submitted data to the Council outlining the program they proposed to present at both Ponderosa and Modjeska Parks. Mr. Werk explained if the request to do so was approved, the June 25, 197'7 date at Ponderosa Park was to be changed to September 17, 1977. He thereupon introduced Beverly Sheldon and Millie Britt from their Christian Education Department, both of whom elaborated on the proposed program which was geared to the children of the community and the success they experienced with past programs in different cities, as well as those held at Pearson Park. Councilman Seymour questioned the City ~ttorney if the request was approved, would such approval prevent the Council from having the ability to make a decision in a future situation where another type of religious group or sect could come before the Council and ask for similar privileges. As pointed out previously by Mayor Thom, the City's present policy was to allow open religious programs to be conducted only at the Pearson Park Theatre in the Anaheim Parks System without specific authorization of the City Council. City Attorney Hopkins explained that it possibly would have an effect; however, he pointed to page 2 of his memorandum dated June 6, 1977 listing the general ground rules that apply to any organization requesting any such use. If the Council determined that some other organization would take over the park creating a disturbance or causing problems, then the City could, with justification, decline the requests. There was absence of such evidence in this particular case. In that light, Councilman Seymour thereupon offered a motion supporting the request of the Melodyland Christian Center to use Modjeska Park on July 30, 1977 and Ponderosa Park on September 17, 1977 for a Christian Children's Program. Council- man Thom seconded the motion and interjected that the Center's projects were well known throughout Anaheim. Councilman Roth was absent. MOTION CARRIED. 105: PUBLIC UTILITIES BOARD - REVISION OF RETAIL ELECTRIC RATES: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, consideration of the recommendation regarding revision of retail electrical rates was continued for one week. Councilman Roth was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Mrs. Tretha Gallant, mother, for Mark Gallant, minor, for personal injuries purportedly sustained as a result of slipping and falling at the Anaheim Hills Golf Course on or about May 3, 1977. 77-708 City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1977, 1:30 P.M. b. Claim submitted by Georgia C. Swan for reimbursement of foods and perishables purportedly lost as a result of utilities being shut off at 3136 East Orangethorpe Avenue, #D, on or about June 6, 1977. c. Claim submitted by Thomas Alan Peterson for personal injuries and property damage purportedly sustained as a result of an accident with an automobile on Nohl Ranch Road at or near its intersection with Westridge Circle on or about March 5, 1977. d. Claim submitted by Earl M. Goff for personal injuries and property damage purportedly sustained as a result of an accident with an automobile on Nohl Ranch Road at or near its intersection with Westridge Circle on or about March 5, 1977. e. Claim submitted by Sharon Crane for personal injuries purportedly sustained as a result of a collision with a train at Brookhurst Street and Southern Pacific railroad tracks on or about February 2, 1977. f. Claim submitted by Albert Decker and Mrs. Vera Decker for property damages purportedly sustained as a result of an accident with a City-owned vehicle on or about May 20, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 109: Public Utilities Commission of the State of California, Case No. 10347, Order Instituting Investigation on the Commission's own motion into the status, safety, maintenance and use of the Esperanza Road Crossing at grade of the tracks of the A.T. & S.F. Railway Company, identified as Crossing 2B-35.4, near the City of Anaheim. b. 102: Orange County Vector Control District - Minutes of May 19, 1977. c. 105: Anaheim Youth Commission - Minutes of May 18 and 25, and June 1, 1977. d. 105: Public Utilities Board - Minutes of March 17, April 4 and 7, 1977. e. 105: Community Redevelopment Commission - Minutes of May 25 and June 8, 1977. f. 105: Community Center Authority - Minutes of June 6, 1977. g. 105: HACMAC - Minutes of May 17, 1977. h. 175: Monthly report for April, 1977 - Electrical Division. i. 107, 156 and 117: Monthly reports for May, 1977 - Building Division, Police and City Treasurer. Councilman Roth was absent. MOTION CARRIED. 77-709 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. RESOLUTION NOS. 77R-445 THROUGH 77R-447: Councilman Seymour offered Resolution Nos. 77R-445 through 77R-447, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 77R-445: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Eddie R. Fischer; Bank of America National Trust & Savings Association; W. Earl Garr, Jr., et ux.; Thomas M. McMullen; Herman B. Montreuil, et ux.; Grant-Warmington Builders; Dunn Business Parks; Dunn Business Parks; Dunn Business Parks; Dunn Business Parks; Robert D. Crane, et ux.; Cundiff Steel Fabricating & Erecting) 123: RESOLUTION NO. 77R-446: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING INSTALLATION AT THE INTERSECTION OF SANTA ANA CANYON ROAD AND VIA CORTEZ, IN THE CITY OF ANAHEIM, WORK ORDER NO. 799-A. (Steiny and Company) 129: RESOLUTION NO. 77R-447: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, AND EQUIPMENT NECESSARY TO COMPLETE THE CUTTING AND REMOVAL OF ALL RANK GROWTH AND WEEDS, AND REMOVAL OF RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 322-297. (1976-1977) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution Nos. 77R-445 through 77R-447, both inclusive, duly passed and adopted. 142 AND 155: ORDINANCE NO. 3720: Councilman Seymour offered Ordinance No. 3720 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3720: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING 'SECTIONS 17.08.039, 17.08.090, 17.08.100, 17.08.160, 17.08.170, 17.08.180, 17.08.240, 17.08.270, 17.08.280, 17.08.370, 17.08.380, 17.08.510, 17.08.540 AND 17.08.650 OF TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 17.08.039, 17.08.090, 17.08.100, 17.08.160, 17.08.170, 17.08.180, 17.08.240, 17.08.270, 17.08.280, 17.08.370, 17.08.380, 17.08.510, 17.08.540 AND 17.08.650 TO TITLE 17, CHAPTER 17.08, RELATING TO SUBDIVISIONS. (delegating final approval authority to Planning Commission and/or City Engineer) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance No. 3720 duly passed and adopted. 77-710 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 21~ 1977, 1:30 P.M. 108: ORDINANCE NO. 3721: Councilwoman Kaywood offered Ordinance No. 3721 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3721: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.29, AND ENACTING A NEW TITLE 4, CHAPTER 4.29 RELATING TO BATHS, SAUNA BATHS, MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance No. 3721 duly passed and adopted. ORDINANCE NOS. 3722 AND 3723: Councilman Thom offered Ordinance Nos. 3722 and 3723 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3722: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(80), ML) ORDINANCE NO. 3723: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-7(9), RS-HS-10,000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance Nos. 3722 and 3723 duly passed and adopted. ORDINANCE NO. 3724: Councilman Seymour offered Ordinance No. 3724 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3724: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-16, CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance No. 3724 duly passed and adopted. ORDINANCE NO. 3725: Councilman Thom offered Ordinance No. 3725 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3725: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-34, RM-1200) 77-711 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance No. 3725 duly passed and adopted. ORDINANCE NO. 3726: Councilwoman Kaywood offered Ordinance No. 3726 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3726: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(4), CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None - ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Ordinance No. 3726 duly passed and adopted. ORDINANCE NOS. 3727 THROUGH 3731: Councilman Seymour offered Ordinance Nos. 3727 through 3731, both inclusive, for first reading. ORDINANCE NO. 3727: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.48 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW TITLE 14, CHAPTER 14.48 IN ITS PLACE AND STEAD. (through truck routes) ORDINANCE NO. 3728: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-7, RM-1200) ORDINANCE NO. 3729: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING .TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-39, CL) ORDINANCE NO. 3730: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-25, RS-7200) ORDINANCE NO. 3731: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-47, RM-1200) RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Seymour seconded the motion. Councilman Roth was absent. MOTION CARRIED. (2:12 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present with the exception of Councilman Roth. (3:00 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-50: Submitted by L. Kenneth Heuler, et al, for a change in zone from RS-A-43,000 to RM-1200 on property located on the north side of La Palma Avenue, east of Euclid Street. 77-712 City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1977, 1:30 P.M. On motion by Councilwoman Kaywood, seconded by Councilman Thom, public hearing on Reclassification No. 76-77-50 was continued to July 19, 1977, at the request of the applicant, subject to a $25 continuance fee. Councilman Roth was absent. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-51: Application by William P. and Emma S. Bredger, for a change in zone from CG to RM-1200 on property located on the east side of Easy Way, 160 feet north of Katella Avenue (Portion A) and a change in zone from CG to CL on property located at the northeast corner of Katella Avenue and Easy Way (Portion B). The City Planning Commission, pursuant to Resolution No. PC77-106, recommended that the subject property be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environ- mental Quality Act and, further recommended that Reclassification No. 76-77-51 be approved subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Easy Way and Katella Avenue for tree planting purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Easy Way and Katella Avenue for street lighting purposes. 3. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 4. That the property owner(s) shall submit a letter requesting termination of Conditional Use Permit No. 1636. 5. Prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 4, 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. 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 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. Councilwoman Kaywood questioned staff as to whether or not the applicants would have to submit plans for Portion A on Katella Avenue prior to issuance of a building permit. 77-713 City Hall~ Anaheim, California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. Miss Santalahti explained that the plans could be submitted directly to the Building Department only without any public meeting. Thereupon, Councilwoman Kaywood requested that the plans on the project be reviewed by'the City Planning Commission and City Council prior to issuance of a building permit. She pointed out this was the project involving an 80-unit motel with kitchenettes for every unit, which project had initially been denied and finally approved after additional appeals and denials. In answer to Councilman Kott, Miss Santalahti explained that quite often on a site where there was a particular problem, specific plans were requested before issuance of a building permit to guarantee that the property was developed in accordance with Code. Councilman Kott suggested that if one applicant must submit his plans to the Plan- ning Commission and Council prior to issuance of building permits, then they all should be required to do so. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Thom, the City Council finds that this project will have no significant effect on the environment since the Anaheim General Plan designates the subject property for general commercial/medium density residental land uses commen- surate with the proposal and is, therefore, exempt from the requirement to prepare an EIR. Councilman Roth was absent. MOTION CARRIED. Councilman Seymour offered Resolution No. 77R-448 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested subject to the conditions recommended by the City Planning Commission and, based on Council- woman Kaywood's ~omments regarding specific plans, subject also to the following two conditions: 1. That Portion A (RM-1200) of subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. 2. That prior to issuance of a building permit for Portion B (CL), final specific site plan, floor plans and elevations shall be submitted to the Planning Commission and City Council for approval. Refer to Resolution Book. RESOLUTION NO. 77R-448: 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. (76-77-51, Portion "A", RM-t200, and Portion "B", CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 77R-448 duly passed and adopted. 77-714 City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1977~ 1:30 P.M. Councilman Thom offered Resolution No. 77R-449 for adoption terminating Conditional Use Permit No. 1636. Refer to Resolution Book. RESOLUTION NO. 77R-449: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1636, AND DECLARING RESOLUTION NO. 77R-97 NULL AND VOID. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth The Mayor declared Resolution No. 77R-449 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-52 AND VARIANCE NO. 2940: Application by Robert H. and Marjorie W. Fackiner, for a change in zone from RS-A-43,000 to RS-7200, to establish a 4-lot subdivision on property located at 822 South Sunkist Street with code waivers of: a) maximum fence height b) requirement that all lots rear on arterial highways The City Planning Commission, pursuant to Resolution No. PC77-107, recommended that the subject property be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act and, further recommended that Reclassification No. 76-77-52 be approved unconditionally. The City Planning Commission, pursuant to Resolution No. PC77-108 granted Variance No. 2940 subject to the conditions that the property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 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 to which Mr. Fackiner answered affirmatively. 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 Seymour, seconded by Councilman Thom, the City Council finds that this project will have no significant effect on the environment since the Anaheim General Plan designates the subject property for low density residential land uses commensurate with the proposal and is, therefore, exempt from the requirement to prepare an EIR. Council- man Roth was absent. MOTION CARRIED. 77-715 City Ha.~l~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. Councilman Seymour offered Resolution No. 77R-450 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested and Reso- lution No. 77R-451 granting Variance No. 2940 subject to the City Planning Commis- sion recommendation. Refer to Resolution Book. RESOLUTION NO. 77R-450: 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. (76-77-52, RS-7200) RESOLUTION NO. 77R-451: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2940. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth _ The Mayor declared Resolution Nos. 77R-450 and 77R-451 duly passed and adopted. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-56 AND TENTATIVE TRACT NO. 9876: Application by Keith E. Card and K.E.C. Company, for a change in zone from RS-A-43,000(SC) to RS-7200(SC), to establish a 17-lot subdivision on property located on the south side of Arboretum Road, south of Palo Alto Drive. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, public hearing on Reclassification No. 76-77-56 and Tentative Tract No. 9876 was continued to July 5, 1977, at the request of the applicant, subject to a $25 continuance fee. Councilman Roth was absent. MOTION CARRIED. 106 AND 174: CONTINUED PUBLIC HEARING - 1977-78 PROPOSED GENERAL REVENUE SHARING BUDGET: (continued from June 14, 1977) Councilman Thom asked if anyone wished to be heard on the 1977-78 Proposed General Revenue Sharing Budget; there being no response, Councilman Seymour moved that public hearing on the subject Budget be continued for one week. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MDTION CARRIED. 106: CONTINUED PUBLIC HEARING - 1977-78 PROPOSED RESOURCE ALLOCATION PLAN (BUDGET): (continued from June 7 and 14, 1977) The Mayor asked if anyone wished to be heard relative to the proposed Budget. Mr. Joseph White, 809 West Broadway, questioned the following items and made related comments. Subsequently, a dialogue followed between Mr. White, Councilmen Seymour and Kott and Utilities Director Hoyt on the concerns expressed: 1. Page ll--245--Appliance Repair--S23,718. There was no way of telling if the City was making a profit or a loss on the program. 2. Cost of Data Processing for the Police Department. Last year the Department paid $9,000 for Data Processing services, this year, $45,000, he could not find this figure for comparison purposes. 77-716 City Hall, Anaheim~ California - COUNCIL MINUTES - June 21, 1977~ 1:30 P.M. 3. Page 111-7, Energy Resource Development--S925,000. He considered this to be a very serious issue that would affect everyone. Mr. White explained that this was the first year the City was starting to pay off the $6 million bond issue that he had opposed. He was concerned that numerous charges were building up and being charged against the Electrical Department which had nothing to do with distribution whatsoever, except for $1,500,000 spent on transformers. Part of the balance was being spent on studies, an assistant to the Utilities Director so the Director himself could spend more time on generation and transmission, consultants, attorneys in Washington, Beck and Associates, and a proposal previously presented to hire attorneys to write up a ballot measure. He took issue with the fact that the related costs were being charged to electrical customers and suggested separate bookkeeping on what was being spent for generation and transmission and that being spent for studies and the like. The General Fund should be paying for the many costs being placed on the distribution system because those costs did not relate to that system or otherwise they should be accounted for in order to ascertain what was being spent. Those were the kinds of things causing rate increases as much as the Edison Company. He also commented on the Sun Desert Project costing $160 million and the San Onofre Project wherein $18 million was already spent and only $80 million remained from the Proposition "A" Bond issue. Councilman Seymour agreed that the records should clearly identify what should be legitimately allocated towards the cost of generation. Relative to the Bond money, it was his understanding that the Bond issue approved would be floated, allowing for monies to pay construction interest just as on a construction loan. Mr. White indicated that was true on the San Onofre Project but on the IPP, the City would have to borrow $100 million of the $611 million to apply toward interest between now and the time it would be built. On the $6 million Bond issue, however, it was pay-as-you-go. Utilities Director, Gordon Hoyt, explained that $2,500,000 was currently in the bank and any interest accruing to those funds would be credited to that particular revenue fund, electric or water, and interest would be borrowed during construction on major projects. In terms of studies, the results of that investment would not produce savings that would ultimately pay off bonds, but if projects resulted they would produce savings. ' Further discussion followed, at the conclusion of which Mr. Hoyt explained that al- though payments on the $6 million would be around for 25 or 30 years, the results would also be obvious for some time to come, assuming projects would be constructed that would produce savings for the City of Anaheim. It was an investment in the future although there was the possibility that none of the projects being studied would be built. Councilman Kott stated that he had been assured by the City Attorney that it was legal to use the $150 million Proposition "A" money for things other than generation although this was not included in the brochure published on the Proposition. At that time, it said there would be a savings but it did not say when and also that it was for generation purposes. In his opinion, there was no doubt about the immorality and unethical practice of using the bond money for anything other than what the publicity indicated it would be used for. Although he was not a proponent of the Edison Company, they paid ad valorem taxes on income, income taxes on income, and dividends to stockholders. Therefore, if the City was able to have an efficient operation, they should be able to deliver electrical services to the taxpayer user 77-717 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. much cheaper than 5 percent less than Edison but, if unable to do so, the system should be sold. In response to Councilman Kott's comments, Councilman Seymour explained that out of the $150 million Bond issue, the Council, along with Councilman Kott, voted for the Nevada Power Purchase of approximately $12,500,000. On the other hand, allega- tions or innuendos were being made suggesting improper utilization of funds, yet Councilman Kott voted to support use of those funds. Relative to the propriety of the City remaining in the utility business, .the citizens by a 2 to 1 vote mandated the City Council to invest $150 million into searching out methods and ways and identifying facilities that could generate electricity. However, there was a constant challenge of the will of the people relative to the Bond issue. Regarding electrical rates approaching those of Edison's, Councilman Seymour stated there may be a time when facts would demonstrate that it would be in the best interest of the community to sell the present system, but he was not convinced this would be the proper course of action to take on behalf of the citizens of Anaheim. At this point, it would be difficult to answer exactly when or under what conditions. If some projects did not materialize, such as the IPP, San Onofre or any others, at that point, although the citizens requested such action, it would be prudent to pull out of the business. However, he would still be interested in remaining in the utility business to the degree that the City could purchase electricity on a wholesale basis and, because of that, could offer users lower rates. Mr. White concluded by questioning how far the City was going to go before allowing the people to vote on funds proposed to be spent on studies over and above the $150 million indicating that the money could not be spent until there was another vote. He also reiterated that charges for generation and transmission be separated from .those spent for studies. Utilities Director Hoyt, as Secretary to the Public Utilities Board, reported to the Council that last Thursday, 3une 16, 1977, the Board approved the Budget as submitted to them with one exception, Page 111-128, dealing with ~he Civic Center Building. They did not register approval of that project. Also, on Page 11-245, Appliance Repair Program, the Board moved to make it self-funding and then phase it out during the coming year. Mr. Hoyt stated that the action would be confirmed in writing. Mr. John Flocken, 1320 Hacienda, before speaking on behalf of the Chamber of Commerce, stated that he was Finance Chairman of the $150 million Bond issue and was not aware that those funds were to be used for anything other than procurement of generating facilities. He then explained that the Board of Directors of the Chamber unanimously, with no abstentions, voiced two major concerns relative to the Budget: (1) the size of the increase from approximately $110 million to $131 million and (2) change of format each year making comparisons in tracking extremely difficult. They also expressed their concern relative to the Economic Development Program (EDP), $100,000, and indicated they hoped the Chamber would be called upon for their input in the coming year. They contended if the City decided to work on their own and generate in-house programs on economic development, this would be a failure to utilize an important segment of a community, particularly considering the amount of total revenue created and generated by the business sector. 77-718 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. In concluding, Mr. Flocken conceded it was a difficult job for the Council to deliberate over the tremendous Budget, but he and the business community were confident they would do their utmost to keep spending down as much as possible. Councilman Seymour responded to the Chamber's concern over the Budget format change and explained in detail why there were certain differences. Although it was ex- tremely difficult to follow for the first year, in ensuing years, the Budget would show a total complete disclosure of every penny going through the City; therefore, the change would ultimately be more beneficial. Regarding the EDP, Councilman Seymour referred to the numerous meetings that had already taken place with the Chamber and another scheduled for the end of June to again pursue with them a program for economic development. There were no other persons from the public who wished to speak. Councilman Seymour questioned, commented on, and/or proposed the following items: 1. Page 1--12--Water Utility Funds--Water Services and Meter Charges. He noted that water services and meter charges as well as water main extension fees de- creased sharply yet on the other hand, it was proposed that three more construction inspectors be added (Page IV--36 under Electric Administration and Engineering). If the level of activity decreased, less inspectors would be needed. Discussion followed between Councilman Seymour and Mr. Hoyt and Assistant City Manager William T. Hopkins relative to the matter, at the conclusion of which Mr. Hoyt stated that services and meter charges would undoubtedly be higher, closer to $563,000 rather than the $420,000 indicated; such charges being entirely related to level of development as previously discussed. In terms of water main extension fees, the monies collected were co-mingled with other funds in the Water Revenue Funds and in a given year, facilities could be installed for which no revenues would be received. Councilman Seymour requested that Mr. Hoyt scrutinize those figures more closely to ascertain if perhaps they were a low estimate; Mr. Hoyt stated his analysis would be back to the City Manager by next week. 2. Property Taxes--Councilman Seymour stated that if the Budget was approved at its current rate, there would a two cent reduction to 93 cents in property taxes, but in actuality an increase of 10.7 percent would be levied against the taxpayer, a fact which was of great concern to him. As assessed values rise and property tax rates remained fixed, the net effect extracts more money from the taxpayer. He, therefore, had asked the City Manager to provide a list of potential Budget cuts that could take the tax rate back to 85 cents per $100 if the Council concurred. If that was accomplished, then Anaheim would not be taking any more tax dollars from the property taxpayer than last year. He asked that the list provided to the Council be studied by them in order to ascertain how far back they might be interested in taking the tax rate at the time of Budget adoption next week. 77-719 .qity Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. 3. Tax Rate Proposal--Councilman Seymour proposed another matter for considera- tion relative to the setting of tax rates since, over the years, elected officials had complimented themselves on the fact that they had not raised tax rates yet assessed values increased dramatically. Therefore, he asked the Council to consider and possibly agree in policy form that the amount of property tax dollars, not assessed value or the tax rate, not be increased over the years and the maximum that could be taken on an annual basis would be those dollars taken the previous year, increased only by whatever inflation had taken place, plus a percentage rate of population growth experienced in the City. 4. Allocation of Tax Dollars--Councilman Seymour recommended that staff develop a "report guard" for all taxing agencies that tax property so as to educate the public and show them clearly, concisely and in simple form just how many tax dollars each agency was taking out of their pocket, along with a comparison over a period of time. He was confident that with such a comparison, the City would fare very well when compared to all other taxing agencies in the County. The latter were the three proposals that Councilman Seymour asked the Council to consider and digest for discussion at the next Budget hearing. Councilman Kott stated that although he had not had the opportunity to speak to the City Manager about the possible suggested reduction areas, if Councilman Seymour's proposals were approved, approximately 90 percent of the items that were listed would cut back services to the taxpayer which he was not certain they would be willing to accept, as well as increase the cost of doing business in Anaheim such as an increase in the Room Occupancy Tax. Councilman Seymour contended that Councilman Kott was making assumptions that were not true; he was not asking for an increase in the Room Occupancy Tax nor was there an increase in any tax in the proposal; he was merely talking about reducing property taxes. He was not interested in and would not support any Budget cuts that would reduce the level of service. Mr. Talley interjected the assignment given him by Councilman Seymour was a hypo- thetical one requesting a list of recommendations if he (Seymour) asked the tax rate to be cut down to 85 cents. He then elaborated further on the list and in concluding stated that no department heads were aware of the list other than the fact they were called to see where possibly another $1,000 or $2,000 could be extracted. He also noted that some of the items represented capital equipment which departments felt strongly about, but on such short notice, the items included in the list just completed at 12:45 P.M. today were those he (Talley) recommended to accommodate Councilman Seymour's request. Co~enting on Councilman Seymour's proposal on property taxes, the Mayor deemed it an interesting concept which he would consider and suggested concurrently setting the ad valorem property tax rate each year on the same date the Budget was adopted. Relative to setting the tax rate by those monies taken the previous year and adding to it the CPI, the Mayor stated it inferred there would only be reductions in service and never any increase. There were already a large number of complaints from the eastern and western parts of the City indicating dissatisfaction with the present service level. He was fearful of setting a policy statement, as suggested, that a future Council would find difficult to live with. 77-720 City Hall~ Anaheim, California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. Councilman Seymour indicated he well understood the pressures for more programs and services and he was not advocating their elimination, but instead, making it more difficult for government to spend dollars. If a new program or a higher level of service was requested, there would be two options: (1) identify the new source of revenue and pay the price of making that revenue public, or (2) replace some outdated program. Future Councils would merely have to go to the public and state they were dropping the policy and revert back to the previous status so it would not necessarily be binding. Relative to setting the tax rate at the time of Budget approval, Councilman Seymour favored the idea, but the exact amount of assessed value on which the tax rate would be set would not be known at that time. He emphasized the only way that the growth of property taxation could be stopped was to deal with tax dollars and not tax rates or assessed values. Councilwoman Kaywood stated that property taxes were clearly for property related items. Referring to the Budget, property taxes generated $8,500,000 and public safety alone (fire, police, paramedics) costs $19,357,000. She stated property tax revenue represented a mere pittance relative to providing good services. Councilman Seymour concluded that the main objective was to get property taxes as low as humanly possible without sacrificing the level of service. On motion by Councilwoman Kaywood, seconded by Councilman Thom, public hearing on the proposed 1977-78 Resource Allocation Plan (Budget) was continued one week. Councilman Roth was absent. MOTION CARRIED. 129: CLARIFICATION OF CONSISTENT POSTURE RELATIVE TO FIREWORKS DISPLAYS: Councilwoman Kaywood clarified that from the very beginning she always approved fireworks shows and spectaculars, such as those at Disneyland and those held on the 4th of July at Anaheim Stadium, staged by professionals for a large group of people, not causing any fires or accidents, and consistently voted "No" on all other types. Two or three years ago she concurred with the then Fire Marshal, Bobby Phillips, in his attempt to outlaw the sale of fireworks in the City. Instead, a higher age limit for those selling was imposed along with restriction of selling days from July 1 to July 4. She noted, however, that stands were all over the City for many weeks and she was not certain that proper enforcement was being conducted. 120: NEWS RACKS AT PARK PANTRY RESTAURANT (KNOTT AT BALL): Councilwoman Kaywood referred to a complaint received from Mr. John Marsh in a letter dated June 15, 1977, relative to a row of news racks in front of the Park Pantry Restaurant at Knott and Ball Road approximately 30 feet in length in the public right-of-way. She directed staff to investigate the City's existing ordinance or policy regarding news racks and to take action accordingly. 153: REQUESTED TITLE CHANGE: Councilwoman Kaywood requested for purposes of clarity that the title Assistant Planning Director - Planning, be changed to Assistant Planning Director and the Assistant Planning Director - Zoning, re- main as is. Staff was directed to prepare a resolution to effect the change. 77-721 Cit7 Hallt Anaheimt California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. 120: COMPLAINTS OF VANDALISM AND BURGLARY ON NORTH VINE STREET: Councilwoman Kaywood stated that a number of letters had been received from the residents in the 200 to 300 block of North Vine Street regarding vandalism, burglary, harass- ment and the like requiring additional police protection. She requested staff to investigate the matter. 105: HACMAC REQUEST FOR SUPPORT MATERIALS: Councilman Seymour explained that he received a call last week from the Planning Department suggesting that members of HACMAC wanted copies of all plans and maps relative to all projects in the Canyon either delivered or mailed to each member of the Committee. After discussing the matter with the members of HACMAC, it was established they were interested in ob- taining two copies of EIRS as well as two copies of each and every tract map so that sub-committees could handle each facet accordinEly. He broached the matter. for clarification purposes and invited Mr. Mike Perry, Chairman of HACMAC, to speak to the matter. Mr. Mike Perry, Chairman, 4365 Alderdale, confirmed the formation of sub-committees thereby reducing the number of maps and reports required to two or a maximum of three. Councilman Seymour further explained that the only problem he had as discussed with Jan Hall, Mary Dinndorf and Hans Gowa, was the idea that copies of all plans and tract maps be mailed to each and every member of the committee, not so much the cost, but the fact that the Planning Commission was not provided with that type of documentation, but only staff reports. Above and beyond that, he was concerned over the possibility of HACMAC becoming another Planning Commission and strongly emphasized there was never any intent to do so, but instead create a long-range, think-type tank dealing with density, property uses and the like. One thing he was interested in having HACMAC consider was the data indicating it cost more to deliver services in the H.[II and Canyon area than was generated in revenues. One way to alleviate this situation was for them to consider clean industrial growth that would provide a good tax base to support the residential areas as he saw the Task Force do some time ago, instead of checking every tract map, thus losing sight of the reason they were created. It was a matter of asking what kind of environment they wanted to llve in fifteen years from now. The Mayor interjected that the Council previously stated the Committee would be backed up with staff and material they deemed necessary; however, within reason. They were running into serious problems of having their line of communication cut off which was going to defeat the purpose of their creation. Either they were to be given the necessary materials they requested within reason, or the Committee should be disbanded. Councilman Seymour stated he did not want to be unreasonable or cause problems since it was his idea in the first place to create HACMAC. Councilman Kott indicated this was the first he had heard of the matter but con- tended that if HACMAC was going to be able to make decisions, they needed informa- tion. While he may not agree with the expense, he felt all items should be made available to the Committee and anyone who wanted them could come to the City and get them. 77-722 City Hall, Anaheim, California - COUNCIL MINUTES - June 21~ 1977~ 1:30 P.M. The Mayor stated that although HACMAC did not need 15 sets of everything, 3 or 4 sets were reasonable. He also noted that there had been several complaints made about City staff not being too cooperative. It was his opinion that occurred because staff did not understand what was to be provided. Councilwoman Kaywood recalled at the time the Committee was set up they were to be an independent group and everything was clearly defined and initially staff was not to be involved. Now it was growing and she wanted to know the intended costs. Mayor Thom stated that he felt some Council Members envisioned that the Planning Commission could not act until they received a recommendation from HACMAC. He did not believe that to be so; they should be supplied with what they needed so they could get their recommendations in to whichever of the two bodies (Planning Commis- sion or Council) was about to make a decision. MOTION: After further Council discussion, Councilman Kott moved that the Council did favor HACMAC, their input was wanted, and that any and all material and infor- mation the Committee desired be made available to them so that they could make necessary judgments. Councilman Thom seconded the motion. Before a vote was taken, Councilman Seymour stated he would vote "No" to such a proposal granting anything HACMAC wanted and was concerned that the matter was now being twisted around into politics. He did not want to be involved in such tactics. He brought the matter to the Council for the express purpose of being helpful. He had also suggested at the outset that somebody from the Council be a liaison to HACMAC and that, too, was politicized. That was part of the problem and he apologized for that fact. He continued by explaining for Mr. Perry that one of the things that made the Task Force so successful was the liaison represented on that committee with no voting power. When HACMAC was conceived, the same concept was proposed. Thereupon, politics entered into the matter and Councilman Kott expressed his opinion that a conflict of interest would exist with his (Seymour's) representation on HACMAC because he was in the real estate business. As a result, HACMAC was left to find its own level. Mr. Perry stated that the committee had found its own way and he was before the Council to get more feedback. As Chairman, he was responsible and accountable to HACMAC to come before the Council to request something, if and when needed, whenever it was deemed necessary. No formal vote was taken on the foregoing motion. 139: SB1081 - LIQUIFIED NATURAL GAS - STORAGE FACILITY IN OXNARD: Councilman Seymour suggested that the Council investigate or review the l±quified natural gas matter presently being debated in Sacramento. As he viewed the matter, un- less support of legislation SBi081 was passed, in 1981 approximately 186,000 people in the County of Orange would be out of work, and Anaheim would be involved in 10 to 15 percent of that amount, representing 12,000 to 13,000 jobs. He wanted the 77-723 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977, 1:30 P.M. matter brought back next week for the Council to take a positive position relative to SB10$1 which would permit the building of a storage facility in Oxnard if the legislation was passed. The Oxnard City Council had already approved the measure by a 4 to 1 vote. He suggested that David Latshaw, Legislative Analyst, provide information to all Council Members for their consideration before the next meeting. 119: RESCIND MOTION GRANTINC MONETARY BONUS TO CERTAIN EMPLOYEES: Relative to action taken at the meeting ~f June 14, 1977, on employee bonuses and awards after he had left the meeting, CoL~ncilman Seymour suggested that a better way of recognizing exceptional efforts put forth by staff, especially department heads, was to do so when review time came around on an annual basis rather than a cash bonus. The Mayor remarked that in actuality, the Council's own previous policy prohibited such an action although, as confirmed by City Attorney Hopkins, it was not illegal to do so. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council rescinded their previous motion awarding $333.33 each to City Clerk, Linda Roberts, Assistant City Attorney Frank Lowry and Planning Director Ron Thompson, with the stipulation that Certificates of Appreciation were st~ll to be awarded. Council- man Roth was absent. MOTION CARRIED. 105: RESPONSE TO HACMAC REQUEST FOR SUPPORT MATERIALS: Councilman Kott was com- pelled to respond to the HACMAC matter and stated that the Council was a political body and to assume that it did not politicize was to be naive. He then explained that several ex-Task Force people approached him expressing their wish not to have Council people on the Committee because they felt they could operate in a more free atmosphere and not become involved in campaign speeches. That was his (Kott's) chief reason for recommending that no Council persons be represented on the Committee. It was his sincere opinion that the people who performed the best were those who had the most freedom and that included information and anything needed to make that free decision. He thereupon called on Jan Hall to speak to the matter. Mrs. Jan Hall, 545 Tumbleweed Road, explained that HACMAC members Were not politicians but citizens, homeowners and community activists extremely interested in their community and guardians of their environment. They were not trying to replace the Planning Commission, but would be instrumental in precluding numbers of unorganized people from attending Council meetings or 6 or 10 organizations attacking a builder. They would take the brunt of the problem, obtain the input and then present it in a orderly manner. It was not too much to ask for staff help and needed documents, and she indicated the rest of the community would be surprised that so much dialogue took place relative to the matter. Councilman Seymour apologized if his remarks in anyway suggested that HACMAC was political. He was referring instead to the motion offered giving approval to any- thing the Committee wanted, the intent of which he considered a political move. 171: CITY TAX RATE: Councilman Kott clarified his stand on the City's tax rate and explained that he had been opposed and still was to taxes for many years. If possible, he would like to have a zero tax rate. At this point, cities had evolved to where they offered everything from dancing lessons up to fire and police protec- tion. He conceded that there were certain areas, however, where a stand had to be made relative to services people wanted and needed. If the City Manager could assure 77-724 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1977, 1:30 P.M. him that he could cut out certain expenditures that would not reduce services, he could favor an 85-cent tax rate as proposed by Councilman Seymour. It was his opinion, however, that an essential for reduction of taxation of any kind was a reduction in expenditures and that was the area for making reductions rather than taking away services that people had. From complaints he had re- ceived, it was obvious that citizens were not only dissatisfied with City services they were supposed to get, but also wanted more. The last tax reduction from $1.05 to 95 cents proved to reduce the average bill by approximately $20. The amount of money coming to and controlled by the City from the tax rate was so small he was not certain the taxpayer was willing to gain $20 in exchange for less services. He reiterated that he would not favor a cut if it brought about reduction in services. 105: VACANCIES ON BOARDS, COMMISSIONS AND COMMITTES: Mayor Thom reminded the Council that several vacancies had to be filled on various City boards, commissions and committees and stated that at next week's meeting all would have to be filled with the exception of the vacancy on the Library Board left by Ree Burnap. 114: SISTER CITY PROGRAM: Mr. Bill Daly, 562 North Century Drive, reviewed the activities of the Sister City Program with Mito, Japan and stated that he now had an opportunity to explore the possibility of adoption of a second Sister City with Copenhagen, Denmark, part of the original intent when he was given permission to pursue the Sister City Program in July of 1976. The first step in doing so was to ascertain whether or not Copenhagen was amenable to the pursuit of such a program. He thereupon recommended that a personal emissary would be appropriate to make the initial approach in the person of Miss Ulla Schou, a Youth for Understanding student at Katella High School who was returning to Denmark in mid July at which time he suggested that she bring back letters representing the Mayor and Disneyland to encourage the promulgation of the mutual adoption of each other (Anaheim/Copenhagen) as Sister Cities. Mr. Daly explained that a time press was involved in obtaining some type of semi-commitment from Copenhagen because there was a possibility of naming a street adjacent to Mito Way in the Anaheim Shores Development, Copenhagen Way. He thereupon introduced Miss Schou. Miss Schou stated that she would be interested in taking word home to Denmark relative to the proposed program. Mrs. Margaret Fenton, mother of the family with whom Miss Schou was staying, elaborated on her (Schou's) background in music and the fact that she could speak several languages, emphasizing that she would be an excellent repre- sentative for the mission Mr. Daly proposed. She also explained that no expenses were involved since Miss Schou's family and the Youth for Understanding Program completely subsidized those expenses. Mr. Daly asked for an endorsement by the Council to formulate the action in reality. Discussion followed relative to the costs involved in instituting a program such as that with Mito. Councilwoman Kaywood was concerned over those expenses in light of the discussions concerning reduction of the tax rate and, if an affirmative answer was given, she wanted to know more about actual expenses involved. She was not opposed to the program, but was merely trying to establish costs. 77-725 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1977, 1:30 P.M. At the conclusion of discussion, it was ascertained that the $375 approved previously for Sister Cities International would cover one or more Sister Cities annually and, over and above that cost, there would be a trip cost and some reciprocal entertaining. Comparing it with the Mito Program, the Mayor estimated the cost could be anywhere from $1,500 to $5,000. He also stated that a group was presently forming soon to be coming to the Council asking for official recognition and responsibility for carrying on the Sister City Program with little money being involved. Mr. Daly was of the opinion that such programs should emanate from the citizenry along with the financing and his ultimate ideal was to have the Program become financially self-sufficient. The Mayor explained that one of the key and most succinct reasons for pursuing Copenhagen as a Sister City was that Walt Disney's inspiration for Disneyland was taken from Copenhagen's Tivoli Gardens. On motion by Councilman Seymour, seconded by Councilman Thom, approval was given for Miss Ulla Schou to hand-carry a letter from the City of Anaheim to the City Council and Mayor of Copenhagen indicating Anaheim's interest in the expansion of communication and pursuing the possibility of a Sister City Program. Councilman Roth was absent. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Seymour seconded the motion. Councilman Roth was absent. MOTION CARRIED. Adjourned: 5:35 P.M. LINDA D. ROBERTS, CITY CLERK