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1976/08/03 76-543 Çity}iall, Anaheim, California -- COUNCIL MINUTES - August 3, 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL ME~ŒERS: Kaywooq, Seymour, Kott, Roth and Thorn COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Annika Santalahti ELECTRICAL SUPERINTENDENT: George Edwards STADIUM, CONVENTION CENTER, GOLF DIRECTOR: Thomas F. Liegler RECREATION SUPERINTENDENT: Lloyd Trapp FIRE MARSHAL: Bobbie Phillips MANAGEMENT SERVICES MANAGER: Darrell Ament Mayor Thom called the meeting to order at 1:30 P.M. and welcomed those in attendance to the Council meeting. INVOCATION: Invocation. Reverend Randy Rhoades of the Melodyland Hotline Center gave the FLAG SALUTE: to the Flag. Councilman Don R. Roth led the Assembly in the Pledge of Allegiance PROCLAMATION: The following proclamation was issued by Mayor Thom and unani- mously approved by the City Council: MINUTES; "Interior Design Month" - August, 1976. Approval of minutes was deferred until next meeting. WAIVER OF READING - ORDINANCES AND RESOLUTION: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinanGe or resolution. Councilman Thom sEconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT-- FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $1,139,679.35, in accordance with the 1976-77 Budget, were approved. RADIO AND TELEVISION COVERAGE OF ORANGE COUNTY: Mr. Pat Michaels of Radio Statton KWTZ, was invited to address the Council. He was initially asked to appear before the City Councils of Anaheim, Santa Ana and Garden Grove because of a concern over a lack of Orange County election coverage by Los Angeles broadcasters. However, he not only elaborated on this point, but also reported on the reasons why the 19th largest Standard Metropolitan Statistical Area (S.M.S.A.) in the country (as claasi- fied by the U. S. Office of Management and Budget) consisting of the communities of Anaheim, Santa Ana, and Garden Grove is practically ignored by the nation's largest audience measurement firms. Mr. Michaels has appealed now to all three city councils asking them to take sanctions against these firms, one of the most important issues in his estimation being the dollars lost to the Orange County area as a result of the practices of these rating services. In summation, after presenting in detail a well documented background report on the practices of the nation's largest radio and television measurement firms, whose practices are obviously detrimental to the Orange County area, Mr. Michaels proposed the following six-point plan as a solution to this unacceptable situation: 1) A study of a possible ordinance requiring any audience measurement firm operating within the City for a profit to measure Orange County separately but equally to other major markets. 2) An investigation to deterime if Arbitron, The Pulse, The Source and Nielsen are licensed to operate as a business in the three cities. 3) Prosecution for "each and every act of doing business this past year--each diary, each interview," if it is found that violations of the municipal code have occurred. 4) A request for a Congressional study of federal regulation of ratings services. ..,' ".,.--.--.~--_..-.¥;>;;.¥, ,- "'..._- ~; .. ')44 ~a_:!:.~.A~ah::...ím,...C<~~Lf~?_rnia ~ .COUNCIL MINUTES - August 3, 1976, 1:30 P.M. :--; . , 5) An ordinance requiring the registration of all interviewers for audience measurement firms with local police departments. 6) A resolution urging other Orange County cities to adopt strict licensing of audience measurement firms. Mayor Thom concluded that the solution rests with the body politics of Orange County and, since a resolution is not going to be the vehicle to accamplish change some of the regulatory activities proposed should be ex- plored where upon he asked the City Attorney's office if, legally, some of th~ suggestions were meritorious. Deputy City Attorney Lowry indicated that an evaluation of the sugges- tions could be made and a report rendered as to which points could be legally augmented from the standpoint of the limited jurisdiction of the City. City Attorney Watts explained that the matter of ascertaining whether or not the ratings services were doing business without a business license would be an investigatory one, but agreed that the adoption of ordinances to regulate their actions would have to be researched so as to determine the extent of the City's power to do so. He furrtler suggested that staff contact counterparts in the other three cities to see if the matter could be approached on a unified basis. On motion by rouncilman Thorn, seconded Council authorized the Ci.ty Attorney's office to of che ratings services arid to contact staffs of Grove for their information. MDTION CARRIED by Councilwoman Kaywood,the City investigate the business licensing the cities of Santa Ana and Garden B-EPO_13_~OF RECOMMENDA}~IONS_- CHARTER REVIEW COMMITTEE: Mr. Joe White, Chairman, Charter Review Committee, addressed the Council and presented in report form dated July 30, 19ì6. recommended change3 to the Anaheim City Charter for consideration by the City Council. Mayor Thorn first asked Mr. White if he was aware of the letter from Mr. Grant Hubbard, also dated July 30, 1976, which Mr. Hubbard considers to be a minority report relative to the Charter Review Committee recommendations. Mr. White had just seen the report but did not have an opportunity to read it. Before Mr. White pointed out specific sections of the Charter where changes were proposed, he stated it ~vas the feeling of the majority of committee delegates that the following matters could better be accomplished by ordinance than charter revision: 1) That the City Council should hire staff and carry out their legislative duties considering 200,000, each member of the Council represents 40,000 people. 2) Gifts and conflicts of interest are to be dealt with by present state and local ordinances. 3) The status and duties of the Cultural Arts Commission should be reviewed by the City Council. acquire space to that, in a city of an average of Mr. White then referred to the sections of the Chart~r where specific recommendations were made as fo1lows and briefly commented on each: _p"a~.,~'~ Section 501 - Eigibility: Change residency and qualified elector requirement from three years to one year in order to hold office as a member Jf the City Council. It was pointed out that the Supreme Court has ruled that the three-year requirement is unreasonable. Page [6 - Section 504 - Mayor: Revise to allow any qualified elector to be a candidate for the Office of Mayor. Eliminate "for ceremonial purposes" relative to the Mayor being official head of the City. Increase the term of Mayor from two years to four years. Page ell - Section 607 - Non-interference with administrative service: Add language to permit the City Council Members to obtain necessary information In the performance of their duties. "Tf ",; c ~~~',;~, c,~."..<'",,"," 1 f"~'--'T TT """""'~'.~"'~H" ._- 76-545 Çi~)_Hall, Anaheim, CaliJornJa_- COUNCIL MINUTES - August 3, 1976, 1;30 P.M. P~~_CI2 - Section__L9L- Appointment and Removal: Revise to now include depart- ment heads in addition to City Attorney, City Clerk and City Treasurer. (related Cllarter revisions would include Section 604 - Powers and Duties, Article VI, City Manager) Page C12 - Section 703 ~ City Attorney, Powers & Duties: Require that City Attorney's position be a full-time one. Mr. White pointed out that this was not meant to regulate the City Attorney's evening activities such as lecturing or teaching. Page C19 - Section 1209 - Bonded Debt Limit: Restrict use of any direct or in- direct manner of avoiding a vote of the electorate in obligating the City for payment of bonds. Mr. White clarified that this proposal was not intended to restrict the City Councils existing powers relating to the Redevelopment Agency or the Utilities Department. Page C20 - Section 1211 - Contracts on Public Works: Update to reflect increases in cost of construction since original Charter was adopted and state that general law dollar limits shall apply to the City of Anaheim. Recommends changing limits from $5,000 to $10,000. After Mr. White's presentatio~Mayor Thorn inquired about the time frame for requesting consolidation with the County for holding" ,a special municipal election in November should the Council desire to place some or all of the recom- mendations proposed on the November ballot. City Attorney Watts indicated that the actual date is August 20, 1976, but the Council meeting of August 17, 1976, would be the one at which the Council would have to act by resolution setting forth specific ballot language. The Deputy City Clerk indicated that August 17th is the deadline asking for consolidation with the County but that the resolution ordering the holding of a Special Municipal Election would be 59 days prior to the date of election, however, a letter of intent to the County would be required at this time. Mr. Watts stated he did not foresee any difficult drafting problems unless new subject matter is introduced during the interim. Councilman Roth, in reviewing the Charter Review Committee minutes of July 12, 1976, and noting the close votes, was concerned about what the implica- tions of some of the recommendations made in their final report, particularly Sections 701 and 604, which could possibly change the direction of the govern- ment as understood presently in the City of Anaheim. Considering these far- reaching changes, Councilman Roth voiced his opinion that an official minority report would be absolutely necessary along with input from the public. And, he is in favor of waiting until another election period rather than having to conform to an August 17, 1976, deadline in order to place the proposed measures on the November ballot. He further expressed that the citizens should have an opportunity to speak on the subject matter and rushing to meet the August 17, 1976, deadline is ill-advised. Councilwoman Kaywood indicated that she had quite a few questions and problems concerning the recommendations since, at the initial meeting held on May 10, 1976, the purpose of the committee was to thoroughly review specific items so that it would be very clear to the people as to what choices they could make. One in particular was the possibility of opening up the position of mayor to anyone. At that time Councilwoman Kaywood suggested that the Mayor of Garden Grove be invited to speak at one of the meetings since he was elected in the manner proposed, thereby giving some insight to the problems involved. Councilwoman Kaywood expressed her strong opinion that this matter is of great importance and anyone who believes that to become mayor requires little back- ground knowledge and not knowing the tremendous amount of time and expertise involved in serving to the benefit of the City would be thoroughly disillusioned. Mr. White said that the invitation had not been extended. Councilman Kott interjected that he'expressed a few months ago his concern about the time factor involved but it was decided to go ahead with the project. .., .. 11 ,..,...,.¡.' ..Ú. . ","'Þ""""""'<"-~""'~"'" ,',--,'"", 76-- 546 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - August 3,1976, 1;30 P.M. Councilwoman Kaywood felt that since a number of totally unrelated jtems were dealt with over and above those originally discussed,to put them on the ballot without the proper study beforehand would be inappropriate. After further discussion of the Charter Review Committee recommenda- tions, Councilman Thommoved that both Mr. Hubbard's report of July 30, 1976, and the Charter Review Connnittee's report of July 30, 1976, be accepted by the City Council and that st~ff be instructed to prepare the wording on the proposed measures in preparation for placing them on the November ballot. Councilman Kott seconded the motion. ~n this motion Councilwoman Kaywood and Council- man Roth voted "No". MOTION Cl\~RIED. H. G. "DAD" MILLER GOLF TOURNAMENT: Mr. Martin of the Golf Course Commission addressed the Council to solicit their involvement in the scheduled golf tourna- ment in honor of H. G. "Dad" Miller,as well as the planned party for his 99th birthday, September II, 1976, at the Anaheim Convention Center. Mr. Martin also requested that September 11th be proclaimed "Dad Miller" Day in the City of Anaheim since Mr. Miller has done a great deal for the City over many years. On motion by Councilwoman Kaywood, seconded by Councilman Roth, staff was instructed to prepare a resolution proclaiming September lIth, Dad Miller Day in the City of Anaheim. MOTION CARRIED. PUBLIC HEARING - 1975-76 WEED ABATEMENT: To receive a report from the Fire Chief on the cost of abatement of weeds for each individual lot where work was per- formed and to hear any objections from property owners liable to assessed for the costs. The Mayor asked if there were any questions on the report from the Fire Chief or if anyone was present to voice an objection to an assessment for weed abatement. There being no objections, Mayor Thorn closed the public hearing. On motion by Councilman Kott, seconded by Councilwoman Kaywood, the Council acknowledged there were no objections on weed abatement assessmenæ to be levied on individual property owners. MOTION CARRIED. RESOLUTION NO. 76R-448: Councilman Roth offered Resolution No. 76R-448 for ado~tion. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF ~EGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH T1:E COUNTY OF ORANGE. 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. 76R-448 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2817: Application by Hockenberry to establish an income tax office in RS-7200 zoned property located at 916 South State following code waivers: Robert J. and Loretta M. a converted residence on College Boulevard with the a) Permitted primary uses. b) Maximum sign area. The City Planning Commission, pursuant to Resolution No. PC76~124, rE~commended that subj ect activity be exempt from filing an EIR and denied said Variance. Action of the Planning Commission was appealed by Joan Bighead, agent, and public hearing scheduled this date. -"'I't ... ,~,~ ~'~~~~""'-'~"'~_.'~"""""'" ~.__u 76-547 ~~.._Hall_1-~Eah~íE~.L.~~alí.f_':~.E.ElÍa_.-= COUNCIL MINUTES -- August 3,_1}76, 1:30 P.M. The Deputy City Clerk reported that three letters in opposition have been received from Mr. and Mrs. Austin H. Howell, 2100 East Vermont Avenue, Ana- heim 92806, Katherine Johnson, 905 South Reseda Street, Anaheim and Glen Johnson, 905 South Reseda Street, Anaheim and have been copied for each Council member. Miss Santalahti described the subject property and surrounding zoning and 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 anyone wished to address .the Council, either in favor or in opposition. Joan Bighead, 1721 East Vermont, Anaheim, agent for the applicant, addressed the Council and presented two letters in favor of the subject variance from Mr. and Mrs. Ralph Liberato, 846 South State College Boulevard, Anaheim and Mr. and Mrs. Markus Post, 848 South State College Boulevard, ~hich were duly received by the Deputy City Clerk. Ms. Bighead then explained in detail how her seasonal income tax business is operated during the months of January through April. She indicated that she was prompted in her move by observing that a condition- al use permit which had been granted to property across the street from her former office resulted in a considerable uplift in the property and, if the variance requested is granted, she would endeavor to improve the appearance of the pro- perty at 916 South State College Boulevard in the same manner. Ms. Bighead also pointed out for informational purposes that the pro- posed lender would only give a seventy percent loan on the property which led her to believe that State College Boulevard was apparently going èommercial. The major thrust of Ms. Bighead's presentation was that because hers would be a small, calm, by appointment only, seasonal business, it would not change the residential nature of the surrounding tract. In answer to Councilwoman Kaywood's question, it was established that for the remaining eight months when the house would only be used sporadically, Ms. Bighead would properly maintain the residence. Mr. Willie Rush, 2110 East Vermont, addressed the Council and indicated that 72 homeowners out of the 90-home tract expressed their opposition to the granting of the Variance No. 2817 by the signed petition previously presented to the Planning Commission. Mr. Rush and the homeowners contend that if one piece of property is rezoned, then the next one will be rezoned and so on down the line; that it will change the present residential character of the neigh- bprhood; and the area in question is one where crossings for KatellaHigh, Kooseve~t ~~ementary School and Moysen Park are involved. Further, deed restrictions placed on the 90 homes by the developers of the tract stipulated that the homes remain single-family residences until January I, 1985. And if the majority of the homeowners rejected rezoning at that time, such restriction could be extended for an additional ten years to 1995. Mr. Bill Cooper, 2477 West Lincoln, Anaheim, briefly addressed the Council in favor of Ms. Bighead's request for Variance. There being no further persons who wished to address the Council, the Mayor closed the public hearing. Councilwoman Kaywood voiced her concern regarding any further inter- ference in residential neighborhoods by rezoning to commercial since there were presently so many instances where this has occurred. Plus, with the cost of housing as it is in Orange County, the City could not really afford to let addi- tional housing slip by for conversion to "front-onli commercial causing strip zoning areas which she felt were neither beneficial to the residential areas nor the commercial areas. Further, since mortgage companies are not giving loans be- cause of the possibility that such properties will eventually go commercial, ..,' 1 , ,'"^",..",,"'Oc "-~, .. -'.,---.. ...-. ..."~-_... ..,.--. 7:)-548 Ç)_!L.J:i_al..:L- Anaheim, California - COUNCIL MINUTES - August 3, 1976, 1:30 P.M. Councilwoman Kaywood expressed that this is an area which has to be looked into and improved. Therefore, she could not in good conscience overturn the Plan- ning Commission's action. Councilman Kott asked the City Attorney the status of the ._ltuation regarding the deed restrictions which are in effect until 1985. Deputy City Attorney Lowry indicated that the City does not have the legal authority to enforce such deed restrictions because the City is not a party of them as an enforcement agency. Because of staffing level, it has' been a uniform request that the City not be named as the enforcement agency. Mayor ThoIn advised that he knew Ms. Bighead personally,as well as the manner in which she conducted her business,and felt that, if anything, she would be an asset to the neighborhood instead of being deleterious. Councilwoman Kaywood voiced her opinion that while she agrees with Mayor Thom regarding the merits of the way in which Ms. Bighead conducts her business, the question is one of land use and the variance goes with the land. Councilman Roth indicated he had gone out to the property and talked to the adjoining owners who were very much in favor of the variance. His concerns were that if the variance were approved, undoubtedly it could be expected that an additional three parcels would be coming in with the same request. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman seconded by Councilwoman Kaywood, the City Council finds that this project have no significant effect on the environment and is therefore exempt from requirement to prepare an environmental impact 'report. MOTION CARRIED. Thom, will the RESOLUTION: Councilman Thorn offered a resolution approving Variance No. 2817 sub- ject to Interdepartmental recommendations. The resolution failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: Roth and Thorn Kaywood, Seymour and Kott Councilman Seymour indicated that it was not Ms. Bighead's operation that concerned him but the fact that it has been made clear if one property e;oes commercial then the next one,and the next one will also be committed- commercially. Councilman Seymour did not agree that the property along State College boulevard was necessarily commercial and expressed that the area in ques- tion should be maintained to the greatest degree possible'residential in nature unless the City is willing to commit to entire commercial rezoning along State College Boulevard. RESOLUTION NO. 76R-449: Councilman Seymour offered Resolution No. 76R-449 denying ----_. -- Variance No. -2817. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2817. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Kott Roth and Thorn None The Mayor declared Resolution No. 76R-449 duly passed and adopted. RECESS: By general consent the Council recessed for five minutes. (3:08 P.M.) --- " "" '-"--., 76-549 ~ity Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1976,1:30 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (3:13 P.M.) FII~AL TRACT MAP NO~ 8423: . Developer, Classic Development Corporation; tract - -------- located at the northwest corner of Santa Ana Canyon Road and Fairmont Boulevard~ containing 43 RS-7200 zoned lots. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivision,together with its design and improvement,was found to be consistent with the City's General Plan,and the City Council approved Final Tract Map No. 8423,as recommended by the City Engineer in his memorandum dated July 22, 1976. Councilman Seymour temporarily absent. MOTION CARRIED. YINAL TRACT MAP NO. 8456: Developer, Westfield Development Company; 'tract located northwesterly of the intersection of Via Arboles and Canyon Rim Road; containing 34 RS-5000 zoned lots. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivision,together with its design and improvement,was found to be consistent:. with the City's General Plan,and the City Council approved Final Tract Map No. 8456,as recommended by the City Engineer in his memorandum dated July 27,1976. Councilman Seymour temporarily absent. Councilwoman Kaywood voted "No". MOTION CARRIED. Councilman Seymour returned to the Council Chamber (3:15 P.M.). SETTLEMENT AGREEMENT - DANIEL, MANN, JOHNSON and MENDENHALL: Electrical Superin- tendent George Edwards recommended, as noted in Utilities Director's memo of July 20, 1976, that the City Approve and execute the settlement agreement with Daniel, Mann, Johnson and Mendenhall, authorizing an additional $3,000 for engineer- ing services performed for the ultimate design and construction of the City's Lewis 220-69 kV Substation. Mr. Edwards explained that Daniel, Mann, Johnson and Mendenhall felt that extra work had been performed, exceeding the original contract amount of $9,775, which resulted in a dispute on final settlement of the contract. After numerous negotiating sessions and investigations of claims on both sides, it was agreed by the City that $3,000 was the appropriate compensation for the addi- tional work performed outside the scope of the original agreement. RESOLUTION NO. 76R-450: adoption. Councilwoman Kaywood offered Resolution No. 76R-450 for Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AGREEMENT WITH DANIEL, MANN, JOHNSON & MENDENHALL, fu~D AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thorn Kott None The Mayor declared Resolution No. 76R-450 duly passed and adopted. RESOLUTION NO. 76R-451 - TRAINING CLASSES - ANAHEIM POLICE OFFICERS: Kott offered Resolution No. 76R-45l for adoption. Councilman Refer to Resolution Book. 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 CALIF- ORNIA, DEPARTMENT OF HIGHWAY PATROL, RELATING TO TRAINING CLASSES FOR ANAHEIM POLICE OFFICERS AT THE CALIFORNIA HIGHWAY PATROL ACADEMY. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 76R-451 duly passed and adopted. -'" .. -c_"C~""'=-~" ~~""""-"-~." .,-_.". 76-550 Cit~~~ll, Anaheim California - COUNCIL MINUTES - August 3, 1976, 1:30 P.M. STORM DRAIN PROJECT NO. 17 - NORTHEAST INDUSTRIAL AREA: City Manager Talley request- ed Council approval to proceed on Drain Project No. 17 which includes the area north of La Palma Avenue from Kellogg Drive westward to the Atwood Channel. On motion by Councilman Thorn, seconded by Councilman Roth, approval was given to proceed on Storm Drain Project No. 17. MOTION CARRIED. RES~~VE APPROPRIATIONS: City Manager Talley, referring to the fund summary of reserve appropriations from prior years, instead of requesting a total in all funds, of $4,401,893 reported a correction to the total of $4,155,893. After Vr. Talley's explanation as to the reason for this correction, on motion by Councilman Roth, seconded by Councilwoman Kaywood, the request to carry forward appropriations from prior years into the 1976-77 fiscal year in the amount of 54,155,893 was approved. MOTION CARRIED. . FI~?D ASSET ACCOUNTING SYSTEM: Mr. Darrell Ament of the Utilities Department presented background information on the request of the Finance and Utilities Director for authorization to enter into negotiations with Marshall and Stevens, Inc. of Los Angeles for consulting services for establishment of a fixed asset information system to generate depreciation records and replacement for all City fixed assets and to provide a software package to perpetuate the system. Estimated cost is $160,000 and the City's additional cost for labor and computer time would be in the area of $50,000. costs In answer to Councilman Roth's question why a government entity would need such a system, the City Manager pointed out two areas where this would be beneficial- 1) When the City sells Utility Bonds it is desirable to know all fixed assets so that notes would not have to be put on the bond and 2) All the fixed assets of the City should be inventoried and depreciated on a regular basis so that when the City moves into a regular program budget, this information can show what the actual costs are for all of the services of the City and correct depreciation can be reflected. In answer to Councilman Roth's question, Mr. Ament stated that an additional staff person in the accounting section would be added to maintain the system in its perpetuity. On motion by Councilman Thorn, seconded by Councilman Seymour, the Finance and Utilities Directors were authorized to negotiate with Marshall and Stevens for con- sulting services to establish a fixed asset accounting system. MOTION CARRIED. RESOLUTION NO. 76R-452 - AMENDMENT TO OVERFLOW PARKING AGREEMENT WITH PACIFIC DRIVE-IN THEATERS: Mr. Tom Liegler, Stadium- Convention Center- Golf Director, requested approval of the third amendment to the original agreement dated June 30, 1973 between Pacific Drive-In Theaters and the City of Anaheim which extends the agreement to June 30, 1977. Councilwoman Kaywood offered Resolution No. 76R-452 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A THIRD AMENDED AGREEMENT WITH PACIFIC DRIVE-IN THEATERS, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thorn None None The Mayor declared Resolution No. 76R-452 duly passed and adopted. "IT .. .._.;_c~n.c>. '--""""'..'."'~~W~~"~'. 76-551 _City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1976, 1:30 P.M. Councilman Seymour left the Council Chamber. (3:40 P.M.) RESOLUTION NOS. 76R-453 and 76R-454 - AGREEMENTS - TENNIS INSTRUCTORS: Councilman Kott offered Resolution Nos. 76R-453 and 76R-454 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-453: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE EMPLOYMENT OF RICHARD RUDE, AN INDIVIDUAL, AS TENNIS INSTRUCTOR. RESOLUTION NO. 76R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE EMPLOYMENT OF DENNIS MALEK AS A TENNIS INSTRUCTOR. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour None The Mayor declared Resolution Nos. 76R-453 and adopted. and 76R-454 duly passed RESOLUTION NO. 76R-455 -AGREEMEN~ WITH GOLDEN WEST EQUITY PROPERTIES, INC.: Councilman Kott offered Resolution No. 76R-455 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH GOLDEN WEST EQUITY PROPERTIES, INC. FOR THE RELOCATION OF UTILITY LINES AND POLES ON CERTAIN PROPERTY LOCATED SOUTHERLY OF PACIFICO AVENUE WESTERLY OF STATE COLLEGE BOULEVARD. (CUP 1587) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour None The Mayor declared Resolution No. 76R-455 duly passed and adopted. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE - STEINY & COMPANY: On motion by Councilman Thorn, seconded by Councilwoman Kaywood, the Council postponed award of contract for traffic signal maintenance to August 10,1976, as recom- mended by the City Engineer. Councilman Seymour temporarily absent. MOTION CARRIED. SPECIAL MUNICIPAL ELECTION - PROPOSED CHARTER AMENDMENTS: In view of the report of the Charter Review Committee given this date, this item was removed from the agenda to be discussed at a later date. PUBLIC FIREWORKS DISPLAY PERMIT: Application for a public fireworks display permit was submitted by California Fireworks Display Company, on behalf of Fun Productions, at Anaheim Stadium for rock concerts August 7 & 20 and September 12,1976. On motion by Councilman Roth, seconded by Councilman Thom, the application for a public fireworks display permit for August 7 & 20 and September 12, 1976, at Anaheim Stadium was granted. Councilman Seymour temporarily absent. Councilwoman Kaywood voted "No". MOTION CARRIED. ....' .. - - -- L _~M_'-'-" --~---,-- ~ 76-552 çJ_Ç.y-- ti¿~).t-1- Anaheim'u_(_~alif9rnia - COUNCIL MINUTES - August 3, 1976, 1:30 P.M. _ENTERTAINMENT PERMIT - ANGUS INN: An application for an entertainment permit to allow a guitarist and vocalist, daily from 7:30 a.m. to 2:00 p.m., at The Angus Inn, 940 South Brookhurst Street, was submitted by Roger Lee Payne. The Police Chief recommended approval, subject to the provisions of Chapter 4.18 of the Anaheim Municipal Code. On motion by Councilman Thorn, seconded by Councilman Roth, an entertainment permit for The Angus Inn was granted as recommended by the Chief of Police. Councilman Seymour temporarily absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, Councilman Roth, the following actions were authorized in reports and recommendations furnished each Council Member Consent Calendar Agenda: seconded by accordance with the and as listed on the 1. CLAIHS AGAINST THE CITY: the insurance carrier: The following claims were denied and referred to a. Claim subnlitted by James Valverde for injuries purportedly from actions of Police Officers on or about Júne l~, 1976. b. Claim submitted by Frank C. Rubalcava, et aI, for injuries sustained from actions of Police Officers on or about May 2, 1976. sustained purportedly L. Claim submitted by Patricia Ann Piper for injuries and damages purportedly sustained from a collision caused by improperly signalized and posted construction work on roadway on or about May 14, 1976. 2. AMUSEMENT DEVICES ~~D PUBLIC DANCE PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: 3. Amusement Devices Permit for one phonograph to be located at Anaheim Depot, 1055 West Ball Road. ( James T. Moore, applicant) b. Amusement Devices Permit for one pinball game to be located at Little Dude Cafe, 1445 South Anaheim Boulevard. (James T. Moore, applicant) c. Amusement Devices Permit for one phonograph, one cigarette machine and ~ne pinball game to be located at The College, 404 North State College Boulevard. (James T. Moore, applicant) d. Amusement Devices Permit for one phonograph, one cigarette machine, three video tables, two pool tables, and one foos ball game to be located at The Sting, 945 South Knott Avenue. (James T. Moore, applicant) e. Amusement Devices Permit for one phonograph and one pinball game to be located at Mimi's, 3148 West Lincoln Avenue. (James T. Moore, applicant) f. Public Dance Permit for dance to be held August 22, 1976 at Carpenter's Union Hall, 608 West Vermont Avenue by Sociedad Progresista Mexicana Inc., from 1:00 p.m. to 7:00 p.m. (Jose Z. Ojeda, applicant). 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Costa Mesa Resolution No. 76-83 - Opposing the inadequate television '.::overage of the Orange County Elections. b. Huntington Beach Resolution No. 4273 - Urging television coverage of Orange County News. ,-. Fountain Valley Resolution No. 7376 - Declaring its support for the Orange County Youth Expo, to be co-sponsored by the Fountain Valley and Garden Greve Youth Commissions. ,.1. Before the Public Utilities Commission - investigation into rates dnd volume of gas and electricity to provide a lifeline quantity of energy to :he average residential user for specified end uses. e. Financial and operating reports for the months of June, 1976: Electrical and Water Divisions. f. Parks and Recreation Commission - Minutes - June 17,1976. g. Anaheim Golf Course Advisory Commission - Minutes - July 19 & 22, 1976. [1. Community Redevelopment Commission - Minutes - July 7, 1976. c;ouncilman Seymour temporarily absent. MOTION CARRIED. ~~O~~JION NOS. 76R- 456 through 76R-464: Councilwoman Kaywood offered Resolution Nos. 76R-456 through 76R-464,both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. .., '" 76-553 ~=ity Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1976, 1:30 P.M. Refer to Resolution Book. RESOLUTION NO. 76R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Lease-All Orangethorpe; Warmington Development, Inc.; Carl Karcher Enterprises, Inc.; Milton H. Owens, et ux.; Siegfried Mittman, et ux.; Daniel Bedolla; Louis J. Paulson, et ux.; Dean M. Logsdon, et ux.; Boyd Cooper, et a1.; Minnie Bertha Dierberger) RESOLUTION NO. 76R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (75-16A, August 24, 1976, 2:30 P.M.) RESOLUTION NO. 76R-458: A RESOLUTION O~ THE CITY COUNCIL OF THE CITY OF fu~AHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPOR- TATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: EUCLID AND SUNKIST LIBRARY FURNITURE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1051. (Section 2, Burt C. Gentle Company, Inc.) RESOLUTION NO. 76R-459: 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 TRANSPOR- TATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: EUCLID AND SUNKIST LIBRARY FURNITURE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1051. (Section 3, Burt C. Gentle Company, Inc.) RESOLUTION NO. 76R-460: 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 TRANSPOR- TATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: SYCAMORE STREET STREET IMPROVEMENT, W/O STATE COLLEGE BOULEVARD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 776-B. (Ventura Contracting) RESOLUTION NO. 76R-46l: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: RIO VISTA STREET STREET IMPROVEMENT, 121' S/O TO 174' S/O AMES STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 787-A;APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHO- RIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. ( Bids to be opened August 26, 1976, 2:00 P.M.) RESOLUTION NO. 76R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TWILA REID PARK SPRAY POOL IMPROVEMENTS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812;APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECI- FICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 26, 1976, 2:00 P.M.) RESOLUTION NO. 76R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TWILA REID PARK SPRAY POOL PLAY EQUIPMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK'TO PUB- LISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF (Bids to be opened August 26, 1976, 2:00 P.M.) . .... ".. 76-5:)4 Ç~i_~)'_H~ll, Anaheim, California - COUNCIL MINUTES - August 3~ 1976~ 1:30 P.M. RESOLUTION NO. 76R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - --- "- ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY RE- QUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: JUAREZ PARK PARKING LOT LIGHTING, IN THE CITY OF ANAHEIM, WORK ORDER NO. f\68; APPROVING THE DESIGNS. PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTH- ORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 26, 1976, }:OO P.M.) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour None The Mayor declared Resolution Nos. 76R-456 through 76R-464, both inclusive duly passed and adopted. PURCHASE OF EQUIPMENT - TRASH PACKER: The City Manager reported on the recommended purchase of a trash packer and advised that S. Vincen Bowles has submitted a quo- tation for their EC-200 M-I compactor in the amount of $13,303, including tax. He thereupon recommended that the purchase be authorized noting further that although the Bowles quotation was $433 higher than the low-bid from Cal-Quip, John Roche, Maintenance Supervisor of Anaheim Stadium recommended the Bowles EC-200 be secured because of a number of additional features. It was noted the California Angels will share 50% of the cost and they have concurred in the decision to purchase the Bowles unit. On motion by Councilwoman Kaywood, seconded by Councilman Roth, purchase of a t1-ash packer from S. Vincen Bowles in the amount of $13,303, including tax, was authorized as recommended by the City Manager as being the best qualified bid. Councilman Seymour temporarily absent. MOTION CARRIED. PURCHASE OF EQUIPMENT - PRIMARY CABLE: The City Manager reported on bids received for 8,550 feet of 750 ~CMIL - 15 kV Primary Cable and recommended the low bid of A]can Cable Co. in the amount of $36,705.15, inc1udin~ tax, be accepted and purchase authorized. On motion by Councilman Roth, seconded by Councilman Kott, the low bid of Alcan Cable Co. was accepted and purchase authorized in the amount of $36,705.15, including tax, as recommended by the City Manager. Councilman Seymour temporarily absent. MOTION CARRIED. ORDINANCE NO. 3572: Councilwoman Kaywood offered Ordinance No. 3572 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-25, ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3572 duly passed and adopted. ORDINANCE NO. 3573: Councilman Roth offered Ordinance No. 3573 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-17, RM-1200) "I8IIf >II 76-555 City Hall, Anaheim, California - COUNCIL MINUTES - August 3, 1976,1:30 P.M. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour None The Mayor declared Ordinance No. 3573 duly passed and adopted. ORDINANCE NOS. 3574 AND 3575: 3575 for first reading. Councilman Thorn offered Ordinance Nos. 3574 and ORDINANCE NO. 3574: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 17.04.100.010 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING PERMIT FEES. ORDINANCE NO. 3575: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-39, RM-1200) PERMIT FEES: Councilwoman Kaywood requested that information be provided on all permit fees charged by the City, pursuant to her previous request to Plan- ning, wherein it was ascertained that on plumbing andQJ)....EIR fees, the City has been charging less than the actual fee cost. Councilwoman Kaywood expressed the opinion that the additional costs now being absorbed by the City- should be passed along to the developer. City Manager Talley indicated that information and recommendations on all such fees would be provided in two weeks for evaluation. Mayor Thorn clarified that the purpose of Councilwoman Kaywood's request would eventually be to have staff prepare a resolution on permit fees in order to cover their actual cost. UNSIGHTLY TRASH: Councilman Kott received a complaint letter from a resident of the Gallery Apartments on North Street concerning unsightly trash in a vacant lot which is visible from some second and third floor apartments. The letter was given to the City Manager for action. INOPERABLE STADIUM SCOREBOARD SIGN: A request was received for reimbursement of fees at Anaheim Stadium because of the annoyance caused due to the inoperable scoreboard at the Stadium. Councilman Kott suggested that in the interest of good public relations, reimbursement be made and a letter of apology sent. City Manager Talley indicated that his office would handle the matter. parking PETITION FOR CROSSWALK: Councilman Kott, referring to a follow-up letter to Council from Reverend Joseph B. King, inquired as to the action taken on a petition for a crosswalk previously submitted to the city. Mr. Talley indicated that the petition for a crosswalk near the entrance to Eden Roc Retirement Center, 34l1 West Ball Road was still in the process of being reviewed. CORRECTION IN VERBATIM TRANSCRIPT: Councilman Kott requested of the City Clerk that a correction be made in a verbatim transcript of an excerpt from the Council Meeting of July 20,1976 wherein there was a discussion of political signs affixed to public property. He requested specifically that where the word "aids" is indicated that it be replaced by "apes" which was, in fact, what he had said. Councilman Seymour returned to the Council Chamber (J:55 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 3:57 P.M. ALONA M. HOUGARD, CITY CLERK By: -~~¿../i'\~;. 1"4: ,_..,<./"~ / Deputy ..... ...