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1975/05/0675-419 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1975, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. ABSENT: COUNCIL MEMBERS: None. PRESENT: CITY MANAGER: Keith A. Murdoch CITY CLERK: Alona M. Hougard ASSISTANT CITY ATTORNEY: William Hopkins DEPUTY CITY ATTORNEY: Malcolm Slaughter PUBLIC WORKS DIRECTOR: Thornton E. Piersall CITY ENGINEER: James P. Maddox DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ZONING SUPERVISOR: Charles Roberts WATER SUPERINTENDENT: Larry Sears Mayor Thom called the meeting to order at 1:35 P.M. and welcomed those in attendance to the Council Meeting. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the assembly in the Pledge of Allegiance to the Flag. COUNCILWOMANIC PROCLAMATIONS: Proclamations issued by Councilwoman Kaywood to congratulate Mr. Larry Sierk, President of the Anaheim Chamber of Commerce, on the occasion of his cessation of smoking and Mayor Thom on his effort to quit smoking by switching to cigars, were presented together with an appropriate box of "alternatives" for the Mayor. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unani- mously approved by the City Council: "Police Week in Anaheim" - May 11 through 17, 1975, and May 15, 1975 as Peace Officers Memorial Day. "Girls Club Week - 1975" - May 11 through 17, 1975. "Poppy Days in Anaheim" - May 16 and 17, 1975. "Medical Assistants Week in Anaheim" - May 11 through 17, 1975. "Youth Week" - May 5 through 10, 1975. "Cleanup and Beautification Program"- Month of May, 1975. "Technical Communication Week in Anaheim" - May 11 through 17, 1975. MINUTES: Minutes of the Anaheim City Council regular and adjourned regular meetings of April 8, 1975 were approved on motion by Councilman Thom, seconded by Council- woman Kaywood. 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 the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Pebley seconded the motion. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $3,241,313.13 in accordance with the 1974-75 Budget, were approved. REPORT ON STATUS OF FINANCIAL AND MANAGEMENT PRACTICES AUDIT AS OF APRIL 30~ 1975 - ARTHUR YOUNG & COMPANY: Mr. Jim LeSieur submitted a report on the status of the Financial and Management Practices Audit as of April 30, 1975 and indicated that the results of the management audits of Utilities Department and Life., Property and Protection Services (Police, Fire and Disaster Services functions) will be presented to the Council in May) the Library management audit will be presented to Council in June; and the results of the Parks, Recreation.and the Arts Department audit were presented April 15, 1975. (Complete Report on file in the Office of the City Clerk.) The second section of the status report introduced new projects and presented engagement plans for same included as Attachment "A". The projects introduced were the Municipal Golf Courses, Mechanical Maintenance Division, and the Stadium and Convention Center. Mr. LeSieur noted that the drafts of these enga~em~mt'plams have been reviewed with affected Division and Department Heads, as well as the Steering Committee, and suggested changes have been inCorporated. 75-420 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council approved the engagement plans submitted as Attachment "A" with the status report as of April 30, 1975 for Management Practice Audits to be conducted at the Municipal Golf Courses, Mechanical Maintenance Division and Stadium and Convention Center. MOTION CARRIED. SIX-MONTH INTERIM REPORT - ARTHUR YOUNG ~ COMPANY: Mr. Jim LeSieur advised that the engagement of Arthur Young & Company to complete financial and management practices audit is designed to cover a 12-to 18-month period and, therefore, it is appropriate that they present the first interim report at 6 months. The second interim report is anticipated to be presented during the month of October, 1975. (Complete interim report on file in the Office of the City Clerk) In summary, Mr. LeSieur stated that the project is on schedule and they believe it has produced a substantial direct benefit to the City. Ten reports have been submitted, plus a cash management analysis, which have resulted in identi- fication of annual cost reductions or increases in revenue approximating $887,040. He complimented the Anaheim City Employees on the responsive and cooperative attitude displayed. Mr. LeSieur reported on the following preliminary findings which appeared to cut across most department lines within the City. He advised that these findings are tentative and, based on subsequent work, may be modified. The three general areas which they feel require fundamental improvement are as follows: 1. Top management direction and control over operating organizations within the City. They have found that some of the organizations reviewed show a lack of management direction over the type. of services they should deliver and how they should be organized to provide these services. In the case of the City Manager this can be caused by the rather large span of control over operating departments. Additionally, there is evidence that a considerable amount of time has been spent in the development of the City rather than day-to-day management activities. He stated that this lack of direction is particularly apparent in those activities which report to the Assistant City Manager. 2. Management development and measurement activities.t They believe there is room for increased productivity within the management level of the City which can and should be increased through the use of performance measures. 3. City management information, both fiscal and non-fiscal, requires improvement in adequacy and accuracy. In many cases they discovered that information relating to productivity of employees or the status of various projects was not readily available or not available at all. Mr. LeSieur outlined the areas of savings identified so far, noting that $200,000 of the approximate total savings of $887,000 relates to the Personnel area and would be realized as a result of the recommendation for wage and classification study which would,in turn, lead to more equitable compensation levels. He emphasized that the benefits could only be achieved through imple- mentation of recommendations and also observed that they feel the $200,000 in savings is a very conservative figure. Mr. LeSieur stated that in most cases their recommendations can be implemented by City personnel in the course of their ordinary duties and in these caseg the Arthur Young &, Compan¥.~ has not identified the incremental costs for implementation. However, they have thus far recommended three studies which would require con%tact assistance from the outside; (1. Development of a Data Processing Master Plan - $15,000;) (2. Wage and Classification Study - $50,000 to $100,000;) (3. Work Measurement Study for Park Maintenance actiVity - $30,000). 75-421 City Ha. ll~ Anaheim~ California - COUNCIL MINUTES - May ,6~, 197.%.~... 1:30 P.M. Mr. LeSieur stated that the overall engagement is close to the original schedule. He reported that while the Arthur Young & Company contracted to perform this audit on an hourly basis with a budget which was thought adequate to complete at that time, because of problems encountered in the gathering of information and the additional time spent in reviewing the findings and recom- mendations, it appears this original contract amount will not be adequate to complete the audit with the scope as originally outlined. An analysis of the costs to date for work performed by Arthur Young & Company is in preparation and will be submitted to the Steering Committee and direction solicited as to areas where the scope should be expanded or restricted in order to meet the commitment. At the conclusion of the report, Mayor Thom called for comments or questions from the Council. Councilman Seymour referred to the comment on lack of top management control and direction, particularly apparent in those activities reporting to the Assis- tant City Manager, and inquired which of the departments already audited these were and whether the Assistant City Manager concurred on the accuracy of said reports. Mr. LeSieur stated that this would refer to the Research and Budget group, Data Processing and Audit Division, one of which has been disbanded and personnel transferred to other departments and one substantially modified. He reported that the Assistant City Manager did concur with their findings. Mayor Thom called for Staff comments or observations. Mr. Murdoch noted that as far as management direction is concerned, it must be recognized that this is not solely concerned with directions from the Manager's Office itself, but has to do with the relationship between the City Council and the Manager. The type of services to be provided is a policy matter. He advised that he supports the premise that a broad span of control makes it difficult to have the detailed and formal direction which the audit firm is recommending, and this holds true for the Assistant City Manager as well. In discussing the savings identified by Arthur Young & Company, Mr. Murdoch felt it is important to recognize that to a large extent these are opportunities for saving and in many instances,these can only result in savings if some of the other parts of the recommendations are implemented. These savings may also be the result of whatever actions are taken by Council as a result of negotiations with employee groups and careful consideration of salary structures and various other working conditions. Mr. Murdoch questioned the statement on page 5 of this report which indicates that in most cases the recommendations given can be implemented by City personnel in the course of ordinary duties. While he agreed that some of the recommendations could be so implemented and result in savings, when talking about more formal matters of direction, me~murement .of activities and improvement in management information, these areas very likely cannot be accommodated totally by present City personnel in the course of their~ordinar~ duties. He stressed that.this statement should be carefully assessed in order to avoid the assumption that all of the recommendations can be implement&d without some additional effort and expense. Mr. LeSieur concurred with the statement that there could be substantial costs in implementing the recommendations presented relative to improvement in mnagement control, accuracy in management information and personnml measurement.~ HowevRr, he noted that Arthur Young & Company is not prepared at this point to develop detailed recommendations on these items. Mayor Thom referred to the comment made by Mr. Murdoch .that direction as to the type of services which the operating departments should provide and the manner in which they should be organized to provide them is determined at the policy-making level by the City Council and voiced his opinion that heretofore previous Councils have never appropriately exercised control in this area. He stated that he has accused previous Councils of a complete lack of. 75-422 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. interest and abrogation of responsibility in this direction and still maintains that position. However, he feels that this situation is fast coming to a conclusion and termination of these deficiencies by the policy-making body. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council accepted the six-month interim report submitted by Arthur Young & Company. MOTION CARRIED. Councilman Seymour left the Council Chamber (2:15 P.M.) PRESENTATION BY FRIENDS OF THE LIBRARY - "PARADE OF PRINTS AND PORTRAITS": Mr. Bob Gasio, 639 South Sherrill. Anaheim, Chairman, Friends of the Anaheim Public Library, presented copies for City Hall, each Council 'Member, and the City Manager of the "Parade of Prints and Portraits~' a pictorial record of Anaheim's history which was designed by Don May. He related that the publication of this chart, in limited edition, by the Friends of the Anaheim Public Library was undertaken as a project in conjunction with their ongoing interest in the Mother Colony History Room at the Library, and at their expense with voluntary contributions and donations of personal time. Councilman Seymour returned to the Council Chamber (2:20 P.M.) Mayor Thom commended the Friends of the Anaheim Public Library on the chart and thanked Mrs. Joanne Stanton, Mrs. Elizabeth Schultz and Mr. Gasio, all of whom were present for the presentation. POSTAL SERVICE REQUIREMENT FOR CURBSIDE MAIL DELIVERY: Continued from the meeting of April 29, 1975 for additional information. Mr. Ken Vlietstra and Mr. A. W. Kruse of the United States Postal Service reported that for purposes of cutting costs and delivery time, the United States Postal Service adopted a policy approximately one year ago that in new' tracts they would provide mail delivery at the curbline only. However, it became apparent, subsequent to adoption of that policy, that curbs and side- walks were being installed up to the edge of the street and consequently the mailboxes were placed on the grass inside of the sidewalk area which necessi- tated the mail carrier to leave his vehicle to deliver mail. They now request that each city adopt a requirement that in all new tracts provisions be made for mailboxes to be located at the curb in such a manner that they can be serviced by motorized vehicles without the carrier dismounting from the vehicle. In reply to Council questions, Mr. Kruse stated that if automobiles are parked in front of the mail receptable delivery would still be made, however, if this becomes habitual, steps would be taken to correct the situation. He advised that this is not usually a large problem. He stated that the standard house-to-house deliveries would continue in the older sections and could be extended to a single new home or small group of homes constructed in a neighbor- hood which already receives door-to-door service. Mr. Kruse advised Councilwoman Kaywood that they do encourage people to inform the Post Office when they are on vacation and then the mail is held. A carrier will collect mail when it piles up and this is also held at the Post Office. He advised that in terms of cost their highest factor is personnel and with the motorized vehicles they achieve twice as many deliveries per carrier. For clarification, Mr. Murdoch stated it was his understanding that as of April 15, 1975, this policy would be enforced City-wide, regardless of the number of new dwelling units, however there is some flexibility to the ruling and the City would be able to refer special situations to the Post Office. Mr. Kruse replied affirmatively. No further action was taken by the City Council. PRESENTATION - COST BENEFIT STUDY: By 8eneral Council consent the Pr~m~ntation by Mr. Rod Sackett, Joint Study Coordinator of the Cost Benefit Study originally scheduled this date was continued to the meeting of May 13, 75-423 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. PUBLIC HEARING - ABANDONMENT NO. 74-12A: In accordance with application filed by Jake Arguelles, Tait & Associates, Inc., public hearing was held on proposed abandonment of former Edison Company easements located at the east side of Anaheim Boulevard, north of Katella Avenue, pursuant to Resolution No. 75R-183 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer was submitted recommending approval of said abandonment. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the hearing closed. RESOLUTION NO. 75R-228: Councilman Pebley offered Resolution No. 75R-228 for adoption approving Abandonment No. 74-12A as recommended by the City Engineer. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THOSE PORTIONS OF CERTAIN PROPERTY DESCRIBED HEREIN. (74-12A) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-228 duly passed and adopted. RESOLUTION NO. 75R-229 - ESTABLISHING NEW JOB CLASS-GEO-CODING MANAGER: In accordance with the recommendation of the Personnel Director, Councilman Seymour offered Resolution No. 75R-229 for adoption establishing a new job class of Geo-Coding Manager at salary schedule Xl151 ($1,641.47-1,995.07): Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDINGRESOLUTION NO. 74R-521 AND ESTABLISHING A NEW CLASSIFICATION. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-229 duly passed and adopted. GENERAL REVENUE SHARING PROPOSAL - STAGE-ONE APPLICATION - FAMILY EMERGENCY ASSISTANCE PROGRAM (F~AP): The draft proposal requesting General Revenue Sharing Funds from the County of Orange to design, implement and operate a Family Emergency Assistance Program (FEAP) jointly prepared by the Grant-in- Aid Coordinator and Community Relations Representative was submitted for Council consideration. The program calls for a joint effort between the City of Anaheim as prime sponsor and the Anaheim Coordinating Council which is made up of representatives of local social service agencies. The City as prime sponsor would be responsible for matching 50% of the total cost of the program which amounts to $109,991. This can be accomplished by providing staff to.operate the program through CETA. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council approved the Stage-One Application for General Revenue Sharing proposal to design, implement and operate a Family Emergency Assistance Program. MOTION CARRIED. REPORT - SOCIAL SERVICES CENTER CITY OF ANAHEIM: A report providing current informa-. tion with regard to the status of the Social Services Center in terms of current and proposed social services programsprepared by Mr. Joe Garza, Community Relations Representative and dated April 30, 1975, was submitted for City Council information. (Complete report on file in the Office of the City Clerk) 75-424 ..City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1975~ 1:30 P.M. · AMICUS CURIAE SUPPORT - CALIFORNIA SUPREME COURT HEARING~ CITY OF SAN FRANCISCO CASE CHALLENGING "HEART" PRESUMPTION UNDER LABOR CODE SECTION 3212.5: Assistant City Attorney William Hopkins submitted recommendations from the City Attorney's Office that the Council authorize including the City of Anaheim as an amicus curiae in the brief being prepared by the City of San Francisco in connection with a law suit challenging the constitutionality of Labor Code Section 3212.5. The suit involves a city employee who was granted a service retirement and who subsequently worked for another employer until the date of his death. The Workers' Compensation Appeals Board concluded, in accordance with the presumption set forth in Labor Code Section 3212.5,that his employment for the city was respon- sible for his coronary condition. On motion by Councilman Sneegas, seconded by Councilman Seymour, the City Council instructed the City Attorney's Office to forward a letter to the City Attorney of San Francisco authorizing that the City of Anaheim be included as an amicus curiae in the brief challenging the constitutionality of Labor Code Section 3212.5. MOTION CARRIED. AMUSEMENT DEVICES PERMIT: Application filed by Mr. Laird D. Hoskins for amusement devices permit to allow three (3) pool tables and eighteen (18) tables for cards at the Anaheim Recreation Center, 621 North Euclid Street, was submitted and granted subject to the provisions of Chapter 4.24 of the Anaheim Municipal Code as recommended by the Chief of Police on motion by Councilman Pebley, seconded by Councilman Thom. MOTION CARRIED. SOLICITATION OF CHARITY FUNDS - SOUTHERN CALIFORNIA PSYCHOANALYTIC INSTITUTE: Re- quest submitted by Genevieve Hopgood on behalf of the Auxiliary, Southern Call- fornia Psychoanalytic Institute in Beverly Hills for permission to solicit charity funds by cookbook sales within the City of Anaheim May 4 through May 9, 1975, and for waiver of business license fee in connection therewith was approved on motion by Councilman Thom, seconded by Councilwoman Kaywood. MOTION CARRIED. RESOLUTION NO. 75R-230 - AMENDMENT TO AGREEMENT ZION LUTHERAN CHURCH: Councilman Seymour offered Resolution No. 75R-230 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ZION LUTHERAN CHURCH INCREASING THE COMPENSATION OF THE CROSSING GUARDS;AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT TO AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-230 duly passed and adopted. SUBSTITUTION OF SUBCONTRACTOR WORK ORDER NOS. 794 AND 843 - MANZANITA AND BOYSEN PARKS: On motion by Councilman Seymour, seconded by Councilman Pebley, the City Council authorized the substitution as requested by Slater Construction to utilize their own crews for the plumbing portion of contracts awarded in connection with Work Order No. 794 and Work Order No. 843, Manzanita and Boysen Park improvements, to replace Boozell Plumbing of Orange which was the listed subcontractor on the bids submitted. MOTION CARRIED. RESOLUTION NO. 75R-231 - ACCEPTING DEED FOR PUBLIC STREET PURPOSES - AT&SF RAILWAY COMPANY LEWIS STREET UNDERPASS: Councilman Seymour offered Resolution No. 75R-231 for adoption. Refer to Resolution Book. ¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A DEED FOR PUBLIC STREET PURPOSES, ORDERING ITS RECORDATION AND DIRECTING PAYMENT THEREFOR. (THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY LEWIS STREET UNDERPASS) ($150.00) 75-429 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ !.975~ 1:30 P.M. Councilman Sneegas further referred to various charges against this group made in the communication from Mr. Stockton and asked him if he had specific information relating to this particular group to please convey this to the Council so that the City of Anaheim Police Department might pursue same. Mr. Stockton advised that in the course of following up letters used as recommendations by the group, he ascertained that the cities of Las Vegas and Denver might have comments to make. TERMINATION OF AGREEMENT - PEOPLE CENTER: Submitted was an interim audit report of the People's Center, Inc., contract with the City of Anaheim, per- formed by the City's Audit Division and dated April 25, 1975, together with memorandums from the Manpower Planner dated April 29, 1975, and Audit Super- visor dated May 5, 1975, which indicate that the People's Center Program has failed to perform as provided in the contract, and there is no sufficient additional benefit from same to warrant further funding. Both reports recom- mend termination of the agreement with provision for expenses incurred and for closing out of the program. Mr. Gerald Vind, the City's Manpower Commissioner, submitted a report which he had prepared regarding the People's Center Program. He indicated that he wished to address what he feels to be a very important consideration on the City's part, which is their approach to matters of this kind. He stated that he is firmly convinced that the City has a responsibility to all of the'people residing within its limits and cannot disown a broad element because it will increase police efforts. Rather, what the City needs are effective social programs to get at the cause of the problems and to bring about a reduction in social problems which give rise to crime. Mr. Vind referred to the recommendations on page 10 of his report and pro- posed that the City Council take action to de-obligate the City from the contract and he would add this item to the agenda for the special meeting which the Orange County Manpower Commission will hold tomorrow, May 7, 1975. In this manner the program could be returned to the Orange County Manpower Commission for continua- tion of its operation. Mr. Vind called Council's attention to item 3a on page 9 of his report which proposes a method to correct one of the serious faults in the original contract. He stated that the program began under a lot of pressure and as a result, there were some .things which should have been adjusted but were not. Mr. Vind stated that recommendations as listed in his report, which would correct the situation created by the original contract, were submitted by County Counsel to staff one month ago and no action was taken pending completion of the audit. At the conclusion of Mr. Vind's statement, Councilman Sneegas asked if anyone could explain the cash shortage of $925.11 as reported in the May 5, 1975 memorandum from the Audit Supervisor. Mr. Wally Kyman, Director of the People's Center, 1242 West Lincoln Avenue, stated that when this program was initiated in February, they were forwarded $5,000; however, their expenditures amounted to $8,000 and they used their own funds to cover the difference. These private funds were inadvertently entered into the petty cash fund. Mr. Kyman related that the proposal he had written was for a County-wide program and the contract which he was negotiating with the County was different than the one approved by the City of Anaheim. Originally this contract was pre-~ sented to him without the performance aspects, and he reviewed the final draft at 11:00 A.M. of the day it was scheduled for Council approval. He stated that the contract was not written in accordance with the terms he desired, however, he was not concerned since this was considered a pilot program and felt it could be modified. He advised that he had requested help from the Anaheim Manpower Office but was not accommodated and sought and received help from the Orange County Manpower Agency. He summarized that they had placed-20 people in Jobs as a result of their efforts and advised that people with problems as severe as. these cannot resolve their problems in a matter of 30 days. Mr. Kyman concluded that if the City does not wish to sponsor the program, the County is willing to do so,and he requested that it be handled in this manner. 75-430 City Hall, Anaheim, California - COUNCIL MINUTES - M~v 6, 1975~ 1:30 P.M. Councilman Seymour inqt~Jred whether the City would be obligated, attached or responsible in any way to this program financially or otherwise, if the County were to assume the sp~nsorship as suggested. Mr. Murdoch replied that it was his understanding if this program is handled by the Orange County Manpower Commission out of the funds allocated to the City of Anaheim, that the City of Anaheim continues to have a financial, as well as legal, responsibility for the program. Councilman Seymour asked if Mr. Vind was suggesting that the Orange County Manpowe~ Commission sponsor the program using the City of Anaheim Manpower allo- cation or whether they would sponsor it from County Manpower allocation funds. Mr. Vind indicated that this was one of the details which would have to be worked out and would require some re-budgeting and re-programming. He could not state at this time how the program would be funded but indicated that he believed the Manpower Commission and Staff would be willing to accept his recommended proposal. Councilman Seymour indicated that from the information provided by the City Staff he could no longer support the People's Center Program and he wished it clearly understood, that if Mr~ Vind does not succeed in soliciting total County support of it, including the financial support, within the 30-day termination period, then the program is finished. Mr. Vind stated that the County Manpower Commission is in enthusiastic support of the People's Center Program and that he would request, following the Anaheim City Council's de-obligation, that they support the program financially out of other than Anaheim's Manpower allocation. Councilman Seymour thereupon moved that the contract with the People's Center be terminated in a period of 30 days and that the City's representative to the Manpower Commission be requested to discuss the feasibility of the County assuming total responsibility and liability, including financial responsibility for the program following the 30-day period, so that at the end of the 30-day period the City of Anaheim has no attachment to, or liability for, the performance or operation of the People's Center Program. Councilman Thom seconded the motion. Prior to voting on the foregoing motion, Councilman Sneegas stated that he felt the Council should withdraw from this contract agreement immediately and that any entity taking on the program make that decision on their own recognizance without any recommendation from the Anaheim City Council whatsoever. Further, that they be urged to look into the background of this organization prior to making any commitment since he definitely felt there should be some investiga- tion of the program and what its problems are. Councilman Seymour stated that in his opinion this project has been a failure, and it may be true that the failure is the result of a contract which was too tightly written, but nevertheless, the party to the contract has not lived up to its terms. He indicated that the placement of nine persons, and there is some question that even those were successfully placed, for the sum of $18,000 does not constitute success. Councilman Seymour indicated that he made his position clear at the outset regarding social services, that he is entirely in favor of these programs, but unless results can be identified and specifically quantified, he will have nothing to do with them. On request from Councilman Sneegas that the motion be sPlit into two parts and voted upon separately, Councilman Seymour offered to withdraw that portion of the foregoing motion requesting that the City's Manpower Commissioner discuss the feasibility of the County taking over sponsorship of the People's Center Program. Councilman Seymour restated the amended motion to withdraw from the People's Center Program and terminate that contract, providing for a 30-day period for shutdown and declaring that under no circumstances will the City of Anaheim be responsible for the performance or operation of the People's Center or its programs 30 days from this date. Councilman Thom seconded the motion. MOTION CARRIED. Mr. Vind stated that the Council should give some consideration to the implications of this cancellation on the City's agreement with 'the Orange County Manpower Commission to administer this program. 75-427 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. In answer to Mayor Thom, Mr. Roberts advised that the plumbing situation on Clementine Street as shown in the photographs, which blocks a portion of the driveway to the Melodyland Christian Center, still exists. He noted that one of the communications from Melodyland stated that they had found it necessary to retain additional security personnel over the past weekend for traffic control and that the barriers placed over the plastic pipe on Clementine Street were creating a traffic problem. Fire Marshal Bob Phillips stated that as of last Friday, May 2, 1975, the Christ is the Answer Crusadeswas informed they would have to comply with all fire regulations and rules of the State of California. He further related that as of last evening, May 5, 1975,he had received a telephone call from Deputy Fire Marshal Garth Menges who indicated that none of the fire regula- tions had been complied with and,therefore,he instructed the Deputy to close the activity down. Deputy Fire Marshal Garth Menges stated that he had just returned from the site where he had noted that fuel tanks for diesel generators were 55- gallon drums with hoses and that the bonding of the chairs inside the tent is not sufficient. Mr. Dan Van Dorpe, Chief Building Inspector, advised that although the people of the Christ is the Answer organization have been very cooperative in trying to correct the deficiencies, the trailers brought in were not modern facilities. The organization has been told these are not suitable for use as they are and they have contracted plumbers to make corrections. Mr. Van Dorpe stated that he would be satisfied if the organization would stipulate to bringing these trailers up to the State of California Code on housing trailers. Mr. Michael Maddo~ representing Christ is the Answer Crusades, stated that his organization has voluntarily closed down the cooking, shower and other sanitation facilities, and have contracted a plumber to make the necessary corrections. He noted that they have been trying to comply with all of the requirements and have had sufficient financing, but.the require- ments are costly. Mayor Thom advised that although he may empathize with the situation the Crusade organization is in, he recalls that they were forewarned when the initial request was made that they first should seek out what require- ments they would have to meet with each City Department. He emphasized that although the Council may wish to accommodate any applicant within reason, they could not waive building and plumbing, health and sanitation codes. Mr. Hopkins pointed out that according to Council Policy No. 605, the applicant would also be required to secure public liability insurance. Mr. Maddox stated that they have secured $1,000,000 in bodily liability and $100,000 property damage insurance to protect the lessor. He indicated that he was certain their insurance agent, Mr. George Rennix, would be able to secure this additional insurance coverage for the City. Mr. Slaughter advised that over the weekend he had spoken with Mr. Rennix via the telephone who indicated that Zurich-American Insurance Company was un- willing to write such liability policy for this group. Further discussion ensued relative to the City requirement that a group coming into the City to conduct events to be held in tents insure themselves for specific dollar amounts of liability. Councilman Sneegas questioned whether the City would have any liability in granting permission to conduct activity on private property and stated that if the group had satisfied the lessors insurance requests, that should be satisfactory. He was of the opinion that the activity this group engages in is not as dangerous as carnival and circus activities for which this insurance requirement was most likely meant. ~ Mr. Maddox stated that if there were cause for a suit, an individual could sue Mr. Lowry as the President of the Christ is the Answer Crusades Corporation. 75-428 City Hall, Anaheim, California - COUNCIL MINUTES - May 6~ 1975; 1;30 P.M. At the conclusion of this discussion, Councilman Sneegas questioned whether this same insurance requirement is enforced on all other organizations which are permitted to erect tents in the City~ and particularly referred to an Antique Auto- mobile Show conducted recently at the Grand Hotel. He requested that Staff inves- tigate and report back as to whether or not the sponsors of that event were required to secure an additional liability insurance policy for the duration of that event. Mayor Thom invited comments from those interested citizens present in the Council Chamber,, and Mr. Fred Wor~ representing Melodyland Christian Center, indicated they were not against the organization itself, but did not wish to see the encampment extended beyond the June 1 date as planned. He objected to the blockage in front of the facility caused by the plumbing setup. Mr. Stanton Herpick, Secretary of the Board of Melodyland School of Theology, indicated that a State of California Accreditation Team will be visiting their school within a month and a half, and they did not wish to have any traffic con- gestion problems at that time. Mr. Maddox assured these gentlemen and the Council that he would not be requesting any extensions; that they will be leaving at the end of May as their lease will expire June 1, 1975. Further discussion ensued relative to the plumbing situation as it exists on Clementine Street and Mayor Thom inquired if there is some way that this drainage pipe might be re-routed. Mr. Ed Neff, City Sanitation Inspector, advised that he had met with and discussed the tying in of the drainage from subject site to the City sewer system. He noted that it was requested that this connection be made to Zeyn. Street. He felt it would not cause as great a problem at that location and advised that the sewer situation is precisely the same as the present location. Mayor Thom concluded, following discussion, that the applicant should be instructed to switch the sanitation hookup from its present location to Zeyn Street. Later in the meeting, report was made by Mr. Roberts that Council Policy No. 605 regarding liability insurance for special event permits was not enforced in connection with the Automobile Show at the Grand Hotel since that operator did not process a special events permit. During discussion of the matter, Councilman Seymour pointed out that the whole question revolves around whether or not it is the duty, right or respon- sibility of government to insure that its citizens are being provided adequate insurance coverage by private enterprise. Mr. Slaughter reported on the survey taken as to whether or not other cities impose this requirement which reveals that it is not an uncommon practice. Councilman Seymour voiced the opinion that apparently the logic of imposing ~ this insurance conditionagainst events to be conducted in tents is based on the fact that the group conducting such is transient and probably not financially stable. He pointed out that is not necessarily true, but is probably the thinking which led to formulation of this requirement in the Council. Policy. Councilman Sneegas pointed out that the applicant in this case is not conducting the usual type of activities associated with tents, such as rides and other amusements, which would .be more likely to cause an individual the need to file a suit. At the conclusion of discussion, Councilman Sneegas moved that requirement #4 of Council Policy No. 605 relating to public liability and property damage insurance be waived for the Christ is the Answer Crusades permit for erection of tents during the one-month period expiring June 1, 1975. Councilman Seymour seconded the motion. To this motion Councilwoman Kaywood voted "no". MOTION CARRIED. 75-425 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1975~ 1:30 P.M. Roll Call Vote' AYES: COUNCIL MEMBERS: Kaywood, Seymour, ?ebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-231 duly passed and adopted. RESOLUTION NO. 75R-232 - APPROVING CONVEYANCE AND QUITCLAIM DEED CONVEYINC WALNUT CANYON STORM CHANNEL TO ORANGE COUNTY FLOOD CONTROL DISTRICT: Councilman Seymour offered Resolution No. 75R-232 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE CONVEY- ANCE OF CERTAIN REAL PROPERTY AND AUTHORIZING AND DIRECTING EXECUTION OF A QUITCLAIM DEED CONVEYING TITLE THERETO TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT. (WALNUT CANYON STORM CHANNEL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-232 duly passed and adopted. CERTIFICATION - ENVIRONMENTAL IMPACT REPORT NO. 148 - ONE MILLION GALLON RESERVOIR: Draft Environmental Impact Report No. 148 was submitted together with report from the Utilities Director and excerpt from the City Planning Commission meeting held April 14, 1975 recommending that the City Council certify said E.I.R. as being in compliance with City and State Guidelines. The project site consists of approximately three acres located immediately south of the ridgeline between Walnut Canyon and Weir Canyon, near the intersection of Serrano Avenue and Hidden Canyon Road, being in an unincorporated portion of Orange County immediately south of the Anaheim City Limits. The report from the Utilities Director recommends that the concept of Alternative 6 as shown in E.I.R. No. 148 be approved as it appears to be the most desirable alternative based on economic, technical and aesthetic con- siderations. Councilman Seymour inquired whether the City Planning Commission had formulated any recommendation as to the alternate designs~ noting that the Utilities Department had recommended Alternative 6,whereas the City Planning Commission of the City of Orange had recommended Alternative 8, however, there has been no input from the Anaheim City Planning Commission.~ ENVIRONMENTAL IMPACT REPORT NO. 148 - CERTIFICATION: E.I.R. No. 148 having been reviewed by the City Staff and recommended by the City Planning Commis- sion to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Pebley, seconded by Councilman Sneegas, that E.I.R. No. 148 is in compliance with the California Environmental Quality Act and City and State Guidelines MOTION CARRIED. ~ · Following brief Council discussion regarding the necessity for~ input from the Anaheim City Planning Commission regarding a choice of alternate, particu- larly in view of the additional cost of $15,000 for Alternative 8, Councilman Seymour moved that the City Council approve Alternative § as recommended by the Utilities Director, subject to approval of said Alternative by the City Planning Commission. Councilman Pebley seconded the motion. MOTION CARRIED. Councilman Sneegas left the C~uncil Chamber (2:45 P.M.) 75-426 City Hall~ Anaheim; California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. RE-NAMING OF GREEK THEATRE TO CHARLES A. PEARSON PARK THEATRE: The Parks and Recreation Commission at their meeting of April 17, 1975, recommended the re-naming of the Greek Theatre to the Pearson Park Theatre. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City Council authorized re-naming of the Greek Theatre to "Charles A. Pearson Park Theatre". Councilman Sneegas absent. MOTION CARRIED. Councilman Sneegas returned to the Council Chamber (2:50 P.M.) RECLASSIFICATION.NO. 70-71-13~ TRACT NO. 8783 - REQUEST APPROVAL OF PLANS, SPECIAL RECREATIONAL FACILITY: Approval of plans for special recreational facility on the Rancho Yorba development plan continued from the meetings of March 18, April 1, and April 22, 1975 was further continued to the meeting of May 20, 1975 on motion by Councilman Pebley, seconded by Councilman Seymour, as requested by the applicant. MOTION CARRIED. COMMUNICATIONS RELATIVE TO CHRIST IS THE ANSWER CRUSADE: The City Clerk submitted the following correspondence received in connection with the City Council's action taken at their meeting of April 29, 1975 to permit the erection of tents and encampment on property located at Freedman Way and Mancheste~a~venue by the Christ is the Answer Crusades for a one-month period beginning/~l, 1975: I. Letter dated May 2, 1975 from Dr. Ralph A. Wilkerson, Pastor Melodyland Christian Center. * 2. Letter dated May 5, 1975 from Mr. Fred E. Work, Jr., in charge of legal affairs, Melodyland Christian Center. 3. Letter dated May 6, 1975 from Stanton R. Herpick, Secretary of the Board, Melodyland School of Theology. 4. Letter dated May 6, 1975 from William ?. Stockton, member of Melodyland Christian Center. * Several photographs were submitted with Mr. Work's letter showing the water and sewer hookups which the Melodyland Christian Center feels interferes with the use of their property, as one-half of the entry to the parking lot is blocked. These communications pointed out that the reasons for the displeasure are related to congestion; lack of parking; lack of adequate ingress and egress from the area for the numbers of people which the tent meetings plan to accommodate; improper sanitation; camping on the property. Mr. Herpick was specifically opposed to the plumbing arrangements on Clementine Street which he contended blocked the traffic in front of the Melodyland School of Theology. Mr. Stockton's letter requested that the records show that he does not oppose the City Council's decisions or processes, but that he personally ob- jects to the organization "Christ is the Answer" and its leadership and wishes it to be a matter of public record that there is no connection either in structure or purpose between that group and Melodyland. Mr. Roberts advised Council that subsequent to their approval of April 29, 1975, representatives of various City Departments have been in contact with the principals of this organization in an attempt to resolve various matters and to satisfy the direction given by the City Council, as well as that set forth by Council Policy No. 605. Mr. Roberts outlined the various trash, sanitation, fire regulations, and plumbing difficulties and the attempts made by the organization to resolve these matters. He also advised that they are attempting to provide some dust control which so far has not been very effective. Mr. Roberts stated that the organization has yet to satisfy all requirements of Council Policy No. 605, particularly the posting of a $500 cash bond and curing of liability insurance coverage in the amount of $1,000,000, althou§h a binder was issued for a two-day period permitting the organization to operate over the past weekend, which binder expired as of Monday, May 5, 1975. In reply to Councilman Seymour, Mr. Roberts stated that the Christ is the Answer Crusades has demonstrated a cooperative attitude, however, their ability to respond to the requirement of a local governmental agency leaves somethin$ to be desired. See Minutes of June 17, 1975, 1:30 P.M., Page No. 75-542, "Minutes". 75-431 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1975, 1:30 P.M. Councilman Seymour moved that the agreement between the City of Anaheim and the Orange County Manpower Commission to administer the People's Center Program be terminated in 30 days. Councilman Thom seconded the motion. MOTION CARRIED. Mayor Thom noted that he had stated several months ago when some questions were raised by Councilman Sneegas relative to this program, that if he (Council- man Sneegas) had some specific charges to be made that there was malfeasance or criminal conduct in connection with this program, that these should be brought out into the open as it is unfair to intimate such without specific charges. He stated that he would prefer any charges to be identified and investigated. Councilman Sneegas advised that there is some litigation pending by the parties involved and until such time as these are settled, he felt it best not to take any such action which might jeopardize the cases since it would not serve the public interest. He stated, however, that he had seen evidence of problems existing with this organization which, had he been aware of prior to the City's making a commitment, he would not have voted favorably for the contract. Mr. Vind wholeheartedly concurred with the Mayor that any such charges should be aired and the matter investigated. Councilman Seymour left the Council Chamber (4:20 P.M.). CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Pebley, 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. AMUSEMENT DEVICE, PRIVATE PATROL AND PUBLIC DANCE PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Amusement Devices Permit for one fireball amusement pinball game to be located at The Woods, 1287 East Lincoln Avenue. (James T. Moore, Rowe Service Company, Inc., Applicant) b. Private Patrol Permit to perform private patrol service in the City of Anaheim, submitted by George J. Boudreau, Boudreau's Security Service. c. Public Dance Permit ratified to allow public dance on April 27, 1975, from 6:00 P.M. to 1:00 A.M. at Ace's Bar & Grill, 309 North Manchester Avenue. (Submitted by Elsie M. Ryan) 2. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Carol Sue and Mathew A. Posney, Jr., heirs of Rhonda Sue Posney for wrongful death of Rhonda Sue Posney due to traffic accident pur- portedly resulting from erratic operation of traffic signal on or about January 19, 1975. b. Claim submitted by George Leone for injuries purportedly sustained as a result of actions of the Anaheim Police Department on or about March 19, 1975. 3. CHANGE ORDER NO. 1 - WORK ORDER NO. 668-B: Change Order No. 1, Work Order No. 668-B, consisting of an increase.in the contract amount of $81,419 41 was authorized. · 4. CORRESPONDENCE: The following correspondence was ordered receivmd and filed: a. City of Alhambra - Resolution No. R75-49 - Expressing its continued strong opposition to proposed legislation requiring collective bargaining and compulsory arbitration for the settlement of disputes in the Public Service. b. Orange County Water District - Progress Report - Fiscal Year 1973-74. c. HIGHLIGHTS Anaheim Public Library Board Minutes - March 17, 1975.~ d. Anaheim Public Library - Monthly Statistical Report - March 31, 1975. e. Community Center Authority Joint Powers Meeting -'April 7, 1975. f. Community Center Authority - Minutes - April 21, 1975. g. Community.Redevelopment Commission - Minutes - April 2, 1975 and April 9, 1975. Councilman Seymour temporarily absent. MOTION CARRIED. 75-432 City Hall, Anaheim, California - COUNCIL MINUTES - May 6, 1975~ 1~30 P.M. RESOLUTION NOS. 75R-233 THROUGH 75R-238: Councilman Pebley offered Resolution Nos. 75R-233 through 75R-238,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. RESOLUTION NO. 75R-233 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Pyne Ranch Mutual Water Company, et al; David S. Perry; Florencio Tovar, et ux.; Beatrice G. Rogers; Consuelo A. Rodriguez; Lawrence A. Muckenthaler, et al; Anaheim Hills, Inc. and Texaco Anaheim Hills, Inc.) RESOLUTION NO. 75R-234 - ACCEPTING ASSIGNMENTS OF UNRECORDED EASEMENTS~ AGREE- M~NTS AND LICENSES - SOUTHERN CALIFORNIA EDISON COMPANY: A RESOLUTION OF THE CITY OF ANAHEIM ACCEPTING CERTAIN ASSIGNMENTS OF UNRECORDED EASEMENTS, AGREE- MENTS AND LICENSES. (Condemnation #9) RESOLUTION NO. 75R-235 - ACCEPTING CERTAIN ASSIGNMENTS OF RECORDED EASEMENTS - SOUTHERN CALIFORNIA EDISON COMPANY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN ASSIGNMENTS OF RECORDED EASEMENTS FROM THE SOUTHERN CALIFORNIA EDISON COMPANY. (Condemnation No. 9 - Superior Court Case No. 214865) RESOLUTION NO. 75R-236 - FINAL ACCEPTANCE WORK ORDER NO. 839: 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: RE-CARPETING OF ARENA STAIRWAYS AND LOGE AREA IN THE ANAHEIM CONVENTION CENTER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 839. (Custom Floors) RESOLUTION NO. 75R-237 - CALL FOR BIDS WORK ORDER NO. 751-B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: THE LINCOLN AVENUE-SUNKIST STREET INTERSECTION IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 751-B. APPROVING THE DESIGNS, PLANS AND PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened June 5, 1975, 2:00 P.M.) RESOLUTION NO. 75R-238 - TERMINATING CONDITIONAL USE PERMIT NO. 578: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 578. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-233 through 75R-238, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held April 14, 1975 pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Pebley, seconded by Councilman Thom, the City Council authorized the actions pertaining to environmental impact require- ments as recommended by the Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications (Items 1 through 13) 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The City Council ratified the determination made by the Director of Development Services that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Class 1 or 11 of the City of Anaheim 75-433 ~Anaheim, California - COUNCIL MINUTES - Ma 6~_~_~~1:30 P.M. Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file said report: Conditional Use Permit No. 1528 Conditional Use Permit No. 1529 Variance No. 2690 Variance No. 2691 Variance No. 2692 Variance No. 2693 2. CONDITIONAL USE PERMIT NO. 1528: Submitted by Rosa Steinbrink to permit on-sale beer and wine in conjunction with an existing restaurant on CL zoned property located on the west side of State College Boulevard north of Santa Ana Street. · The City Planning Commission, pursuant to Resolution No. PC75-75, granted said conditional Use ipermit subject to conditions. 3. CONDITIONAL USE PERMIT NO. 1529: Submitted by Pacific Lighting Leasing Company to permit on-sale beer and wine in an existing restaurant on ML(SC) zoned property at the southwest corner of La Palma Avenue and Imperial Highway. The City Planning Commission, pursuant to Resolution No. PC75-76, granted said conditional use permit subject to conditions. 4. VARIANCE NO. 2690: Submitted by Eugenia L. Sepko to retain an apartment in a converted garage on RM-1200 zoned property located at the northwest corner of Cabot Drive and Western Avenue with code waivers of: a. minimum floor area b. minimum off-street parking. The City Planning Commission, pursuant to Resolution No. PC75-77, granted said variance for a period of ~ne year, subject to conditions. 5. VARIANCE NO. 2691: Submitted by R. S. and Jan W. Minnick to establish an automotive diagnostic and service center on CL zoned property located at the southeast corner of Ball Road and Magnolia Avenue with code waiVers of: a. permitted uses b. maximum access drive width The City Planning Commission, pursuant to Resolution No. PC75-78, granted said variance subject to conditions. 6. VARIANCE NO. 2692: Submitted by George D. McDonald II, Catherine E. Reilly and Margaret M. Maronde to establish an auto lubrication facility on CL zoned property located at the northwest corner of Lincoln Avenue and Western Avenue with code waivers of: a. permitted uses b. required tree screen adjacent to residential zonings c. maximum wall height The City Planning Commission, pursuant to Resolution No. PC75-79, granted said variance subject to conditions. 7. VARIANCE NO. 2693: Submitted by Anaheim Plaza Building Limited t° construct a hanging copy" electronic sign on CL zoned property located at the northwest corner of Westmont Drive and Euclid Street with code waivers of: a. permitted location b. maximum height c. permitted signing The City Planning Commission, pursuant to Resolution No.. PC75-81, granted said variance in part, denying waiver c, subject to conditions. 75-43A City .~all~ Anaheim~ California - COUNCIL MINUTES - May 6, 1975~ 1:30 P.M. 8. VARIANCE NO. 2593 - TERMINATION: Said variance was approved to convert a two-car garage into additional living area for a period of five years, subject to renewal. Property is located at 1507 West Romneya Drive. Petitioner sub- mitted a letter requesting termination of said variance. The City Planning Commission, pursuant to Resolution No. PC75-85, terminated variance No. 2593. 9. IMPROVEMENTS TO PLACENTIA RETARDING BASIN AND CARBON CREEK CHANNEl.: Notifi- cation that the Orange County Flood Control District proposes to make certain improvements to the Placentia Retarding Basin and Carbon Creek Channel, from State College Boulevard to Placentia Avenue was submitted. The City Planning Commission, pursuant to Resolution No. PC75-83, finds and determines that the proposed improvement of the Placentia Retarding Basin and Carbon Creek Channel through State College Boulevard to Placentia Avenue by the Orange County Flood Control District is in conformance with the City of Anaheim adopted General Plan. 10. SALE OF SURPLUS PARCEL BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT: Notifi- cation that the Orange County Flood Control District proposes to declare surplus and to offer for sale a parcel of approximately 0.i acre located south of Carbon Creek Channel approximately 700 feet west of Knott Avenue was submitted. The City Planning Commission, pursuant to Resolution No. PC75-84, finds and determines that the proposed sale of surplus property by the Orange County Flood Control District is in conformance with the City of Anaheim adopted General Plan. 11. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - GRADING PERMIT 436 SOUTH COUNTRY HILL ROAD: On recommendation of the City Planning Commission, the City Council determined that application for a grading permit for a single- family home site at 436 Sonth Country Hill Road will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. 12. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - STORM DRAIN - INTERSECTION OF MIRALOMA AVENUE AND BLUE GUM STREET: On recommendation by the City Planning Commission, the City Council determined that the City of Anaheim Public Works Department project to install a storm drain at the intersection of Miraloma Avenue and Blue Gum Street will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. 13. TENTATIVE TRACT NO. 8873 - OWNER MICHAEL J. CIBELLIS, ET AT.: Property located at the southeast corner of Santa Ana Canyon Road and Quintana Drive; containing 21 proposed RS-7200 (SC) zoned lots. Tentative Tract No. 8873 was continued to be considered in conjunction with Environmental Impact Report No. 149 and Variance No. 2674. Councilman Seymour temporarily absent. MOTION CARRIED. CITY PLANNING COMMISSION ITEM: The following action taken by the City Planning Commission at their meeting held April 14, 1975, pertaining to the following application, was removed from the consent calendar for discussion and separate action by the City Council: ENVIRONMENTAL IMPACT REPORT NO. 147~. REVISION NO. 1 - VARIANCE NO. 2669: Sub- mitted by Occidental Land Inc., to construct a 308-unit apartment complex on ML zoned property located northerly of the Riverside Freeway and Miraloma Way, west of Lawrence Avenue, with code waivers of (a) minimum floor area; (b) minimum width of pedestrian access way; (c) required enclosure of carports; (d) access requirements between covered parking spaces and dwelling units. ~ The City Planning Commission, pursuant to Resolution No. PC75-70, recom- mended that the City Council certify E.I.R. No. 147, Revision No. 1, as in compliance with the California Environmental Quality Act and further, granted said variance in part, waivers (b) and (d) being eliminated, subject to conditions. 75~35 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 6~ 1975~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT NO. 147; REVISION NO. 1 - CERTIFICATION: Environ- mental Impact Report No. 147, Revision No. 1, having been reviewed by the City Staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council, acting upon such information and belief, on motion by Council- man Thom, seconded by Councilman Pebley, does hereby certify that E.I.R. No. 147, Revision 1, is in compliance with the California Environmental Quality Act and City and State Guidelines. Councilman Seymour temporarily absent. MOTION CARRIED. The City Council took no further action on Variance No. 2669. RECLASSIFICATION NO. 63-64-5 - EXTENSION OF TIME (VARIANCE NO. 2669): Request of Mr. Cal Queyrel, Anacal Engineering Company, dated April 15, 1975, was submitted for extension of time to Reclassification No. 63-64-5, together with reports from the City Engineer and Development Services Department, Zoning Division, recommending a one-year extension of time be granted. On motion by Councilman Pebley, seconded by Councilman Sneegas, a one-year extension of time for Reclassification No. 63-64-5 was granted as requested, to expire May 21, 1976. Councilman Seymour temporarily absent. MOTION CARRIED. REQUEST - RELIEF FROM LICENSE FEES - COIN-OPERATED AMUSEMENT GAMES: CommuniCation from Mr. James R. Uhler, President of Alpha-V, Inc., requesting relief from Section 3.24.060 of the Anaheim Municipal Code pertaining to license fees in connection with 40 to 50 coin-operated game/amusement machines which he main- tains at the Red Baron, 1211 South Western Avenue, was submitted. Mayor Thom stated that he felt it was unfair to require a per-machine business license fee and that these machines, similar to the coin-operated laundry machines, should pay license fees on a gross receipt basis. Councilwoman Kaywood felt that the amusement device machines were in a different category since the laundry and other coin-operated machines provide a service, whereas these are strictly for amusement. Councilman Sneegas stated that he would abstain from discussion and voting on this issue because, although he does not operate amusement device machines himself, they are involved in his industry. Councilman Seymour returned to the Council Chamber (4:30 P.M.). Councilman Thom moved that the City Attorney's Office be instructed to prepare an amendment to Section 3.24.060 of the Anaheim Municipal Code to provide that coin-operated amusement device machines pay business license fees based on gross receipts. Councilman Pebley seconded the motion. Councilman Sneegas abstained from voting. Councilwoman Kaywood voted "no" MOTION CARRIED. Councilman Pebley left the Council Chamber (4:32 P.M.). FINAL MAP TRACT NO. 8455: Developer, Westfield Development Company; property located on the south side of Canyon Rim Road, northeast of Nohl Ranch Road; containing 37 RS-5000 zoned lots. Councilman Seymour stated he does business with this Applicant and would abstain from voting on this matter. The City Engineer reported that said final map conforms substantially with the tentative map previously approved, the bonds have been forwarded to the City Attorney for approval and required fees paid. The City Engineer recommended approval of final map Tract No. 8455, subject to revision of COndition No. 15 to read as follows:"15. That prior ~o the issuance of building permit, the petitioner shall make some provision, acceptable to the City Council, for landscaping and maintenance of the slopes within and/or created by the developer of this property. 75- 436 City ~all, Anaheim, California - COUNCIL MINUTES - May 6, 1975~ 1:30 P.M. On motion by Councilman Thom, seconded by Councilman Sneegas, final map of Tract No. 8455 was approved with revision to Condition No. 15,as recommended by the City Engineer. Councilman Seymour abstained from voting. Councilman ?ebley temporarily absent. MOTION CARRIED. REPORT - AMENDMENT TO CITY PLANNING COMMISSION RESOLUTION GRANTING VARIANCE NO. 2688: Mr. Roberts reported that Variance No. 2688 was originally approved by the City Planning Commission on March 31, 1975 subject to certain conditions and was reviewed by the City Council 22 days thereafter. However, shortly before Council review, there was concern expressed by the applicant that. Planning Commission Resolution No. PC75-69, as written, did not clearly and accurately reflect the action taken by the City Planning Commission with regard to dedications and requirements on Anaheim Boulevard and La Palma Avenue. The matter was resubmitted to the Planning Commission for clarification at their April 28, 1975 meeting, and the applicant's interpretation was correct, therefore, Resolution No. PC75-95 reflecting their intent was adopted. In reply to Councilwoman Kaywood, Mr. Roberts advised that while the applicant indicated his intent to improve the appearance of the property, no plans were submitted, and there is no legal way to require that improvements in the appearance be made. No further action was taken by the City Council. REPORT - TRASH COLLECTOR'S STRIKE SITUATION: Mr. Thornton Piersall reported that two programs have been set up to help alleviate the trash problem since the strike by the refuse collection company; approximately six trucks were scheduled for various collection areas and the residential trash contractor had agreed to provide plastic bags to homeowners at fire stations. However, about 30 minutes ago, Mr. Piersall reported he received a call which indicated it is expected the crews were returning to work tomorrow morning. The residential contractor indi- cated he would start with his regular Tuesday route tomorrow and work consecutively until the trash is cleared away. Councilman Pebley returned to the Council Chamber, and Councilman Seymour left the Council Chamber (4:35 P.M.). ORDINANCE NO. 3421: Councilman Thom offered Ordinance No. 3421 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-44(12) - RS-7200) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom. NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3421 duly passed and adopted. ABSEN ORDINANCE NO. 3422: Councilman Pebley offered Ordinance No. 3422 for first reading. --~ Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.09, SECTION 4.09.010 AND ENACTING A NEW TITLE 4, CHAPTER 4.09, SECTION 4.09.010 PERTAINING TO HOTEL AND MOTEL RATE SIGNS. ORDINANCE NO. 3423: Councilwoman Kaywood offered Ordinance No. 3423 for firs~ reading. AN ORDINANCE OF THE CITY OFANAHEIMAMENDING ORDINANCE NO. 3412, NUNC PRO TUNC, RELATING TO ZONING. (Tree Preservation) 75-437 City Hall, Anaheim~ California - COUNCIL MINUTES - May 6, 1975, 1:30 P.M. ORDINANCE NO. 3424: Councilman Thom offered Ordinance No. 3424 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM DECLARING THE NEED FOR A COMMUNITY DEVELOP- MENT COMMIS§ION TO FUNCTION, NAMING THAT COMMISSION, AUTHORIZING THAT COMMISSION TO TRANSACT BUSINESS, SPECIFYINC THE POWERS AND FUNCTION OF THAT COMMISSION AND DECLARING THE CITY COUNCIL TO BE THE COMMUNITY DEVELOPMENT COMMISSION. ORDINANCE NO. 3425; Memorandum dated May 1, 1975 from the City Attorney's Office, was submitted for Council information indicating that in its present form the proposed ordinance creating a Housing Commission provides for said commission with 7 members. Section 34291 of the Housing Authority Law provides that the number of members is established by local ordinance and, therefore, the City Council may appoint a different number of Commissioners if it desires to do so. In view of the relationship between matters to be considered by the Rousing Commission and those to be considered by the Relocation Appeals Board, the memorandum indicates that the City Council may wish to appoint the same indivi- duals to both the Housing Commission and the Relocation Appeals Board. If this is the Council's desire, the number of members on the Housing Commission should be reduced to 5 and amendment to Section 1.04.610.030 should be authorized. Councilwoman Kaywood offered Ordinance No. 3425 for first reading, creating and establishing a Housing Commission, with a total of 5 members. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 1.04 OF THE ANAHEIM MUNICIPAL CODE TO CREATE A HOUSING COMMISSION. Councilman Seymour returned to the Council Chamber (4:40 P.M.) ORDINANCE NO. 3426: Councilwoman Kaywood offered Ordinance No. 3426 for first readimg. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-33(7, 8, 9) - RS-A-43,000). CANCELLATION OF MAY 12, 1975,.SPECIAL SANITATION DISTRICT'S MEETING ON SEWER GRANTS: Councilwoman Kaywood reported that the special meeting of the Sanitation Districts scheduled for May 12, 1975, regarding the conditions to be imposed on sewer grants, has been cancelled and a technical advisory committee will be formed to work with the State to formulate clear guidelines and more realistic conditions. APPOINTMENT - DR. JOE BUTTERWORTH TO CULTURAL ARTS COMMISSION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council appointed Dr. Joseph Butterworth to the Cultural Arts Commission representing the Parks and Recreation Commission, replacing Mr. Llewellyn Overholt, for the term ending June 30, 1977. MOTION CARRIED. ORANGE COUNTY METRO NEWSPAPER GROUP - INCRRASE IN RATES: Councilwoman Kaywood reported that she had received communication from Mr. jOhn R. Graham, General Advertising Manager, Metro Newspapers (including the Register, Anaheim Bulletin and the Star Progress in Orange County) indicating that all existing general contracts will be voided as of .June 30, 1975, and increased rates effective as of July 1, 1975. She inquired how this might affect the City's budgeting for legal advertising. The City Clerk advised she had not received such a notice relating to the City's legal advertising and that she would check into the matter and report. SANTA ANA RIVER/SANTIAGO CREEK GREENBELT COMMISSION - BUDGET FOR 75-76 FISCAL YEAR: Councilman Sneegas reported that the City of Santa Aha is withdrawing from the Greenbelt Commission since they evidently feel they can complete the intent of the greenbelt corridor going through their City without the aid of the Commission itself. 75-438 City Hall~ Anaheim, California - COUNCIL MINUTES - May 6~ 1975~ 1:30 F.M. Councilman §neegas presented the breakdown of the Greenbelt Commission budget for fiscal year 1975-76, the City of Anaheim's share being $7,312 which constitutes 21% of the total. He indicated that he felt the Greenbelt Commission would fail without Anaheim's participation,but suggested that gta{£ comment on the feasibility of the City of Anaheim completing its portion of the greenbelt corridor without the aid of the Commission. He added that he is not recommending that the City of Anaheim withdraw from the Commission, but rather wished some in- put from Staff as to how soon it may be expected that the work of the Commission will be complete and it might be disbanded. By general consent, approval of the City of Anaheim's portion of the Green- belt Commission Budget for fiscal year 1975-76 was continued to the meeting of May 13, 1975, pending Staff comments. Councilman Sneegas pointed out that it should be noted that the Commission has never reached the expenditure of the full budget, but have had substantial carry-overs each year. RECESS - EXECUTIVE SESSION: Councilman Pebley moved to recess to Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:48 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (5:50 P.M.) APPOINTMENTS - GOLF COURSE ADVISORY COMMISSION: On motion by Councilman Seymour, seconded by Councilman Thom, the following members were appointed to the Golf Course Advisory Commission: 1. Gordon C. Ledford 2. Mrs. Jean Withrow 3. Mrs. Velma Lewis 4. Mr. William H. Martin 5. Mr. Robert Messe 6. Mr. Pat Patterson 7. Mr. Julio Macedo 8. Mr. Allan Hughes 9. Helen Sweet MOTION CARRIED. ADJOURNMENT: Councilman Pebley moved to adjourn to May 13, 1975, 10:30 A.M. in the Anaheim Convention Center, Buena Park Room, for the purpose of a joint meeting with the Visitors and Convention Bureau. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 5:52 P.M. Signed City Clerk