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1975/08/1275-722 City ~iall~ Anaheim~ California - COUNCIL MINUTES - August 12; .1975; 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour (entered 1:44 P.M.), Pebley, Sneegas and Thom ABSENT: COUNCIL MEMBERS: None PRESENT; ACTING ASSISTANT CITY MANAGER: William Griffith CITY ATTORNEY: Alan R. Watts CITY CLERK: Alona M. Hougard DEVELOPMENT SERVICES DIRECTOR: Ronald Thompson ASSISTANT DIRECTOR, OEVELOPMENT SERVICES, PLANNING: Oon McOaniel CITY ENGINEER: James P. Maddox PERSONNEL DIRECTOR: Garry O. McRae FINANCE DIRECTOR: M. R. Rin~er STADIUM-CONVENTION CENTER OIRECTOR: T. F. Liegler POLICE CHIEF: Harold Bastrup POLICE LIEUTENANT: Dale Wilcox FIRE CHIEF: James Riley PARKS, RECREATION AND THE ARTS DIRECTOR: John J. Collier Mayor Thom called the meeting to order and welcomed those in atten- dance to the Council meeting. INVOCATION; Reverend Holland Lewis, First Church of the Nazarene gave the Invocation. FLAG SALUTE: Councilman Calvin L. Pebley led the assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF COMMENDATION: Mayor Thom read a Resolution of Commendation for Ringling Brothers and Barnum and Bailey Circus, "The Greatest Show on Earth", and presented said resolution together with a memento from the City of Anaheim to Mr. Art Ricker. bir. Ricker, representing Ringling Brothers and Barnum and Bailey Circus, expressed appreciation and stated that everyone connected with the organiza- tion looks forward to the Anaheim engagement, as the Convention Center facility is beautiful, and the very professional staff is one of the best' in the Country. ~iINUTES: biinutes of the Anaheim City Council Regular Meeting held June 17, 1975, were approved with corrections noted (typographical), on motion by Councilman Pebley, seconded by Councilwoman Kaywood. Councilman Seymour absent. MOTION CARRIED. WAIVER OF RhADING - 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 Sneegas seconded the motion. Councilman Seymour absent. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEM~DS AGAINST THE CITY: Demands a8ainst the City in the amount of $3,075,133.44, in accordance with the 1975-76 Budget, were approved. RESOLUTION NO. 75R-423: Councilman Sneegas offered Resolution No. 75R-423 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~4AHEIM APPROVING THE TERMS AND CONOITIONS OF AN AGREEMENT BETWEEN ThE ANAHEIM BICENTENNIAL COMMITTEE, A DIVI- SION OF THE ANAHEIM CHA~MBER OF COMMERCE, AND THE CITY OF ANAHEIM, AND AUTHOR- IZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 75R-423 duly passed and adopted. 75-723 City Hall, Anaheim~ California - COUNCIL MINUTES - ~u~ust 12~ 19751 1:30 P.M. ORANGE UNIFIED SCHOOL DISTRICT - UNDERGROUND UTILITIES: Actin~ Assistant City Manager William Grlffith ref'er~e'd to "dr~'t of a prop0'sed letter from the City Manager to the Orange Unified School District (copies furnished each Council Member), urging that the District give serious consideration to including in its construction and financial planning for all new facilities a provision for financing both on-site and off-site underground utility lines. Councilman Seymour entered the Council Chamber. (1:44 P.M.) By general consent of the City Council,'the draft letter was designated satisfactory as submitted. Councilwoman Kaywood reported on the discussion held with a member of the Orange Unified School District Board of Trustees, who advised that the pro- jected special election will not be necessary; and she thereupon suggested that a portion of the election funds be utilized for undergroundins of utilities on Imperial Highway. Mayor Thom expressed the opinion that Councilwoman Kaywood's proposal should be documented in such a manner so as to evoke an answer. CITY EMPLOYEES' HEALTH INSURANCE...PROGRA/4: Personnel Director Garry McRae reported that proposed renewal rates for the City employees' health insurance program has been received from Blue Cross which indicates a 30% increase, plus the discontinuation of the current deposit arrangement, which substantiates the predictions made by Bailey, Martin & Fay, the City's insurance consultant, in their recent report. On an annual basis, this would increase the City's costs 36.69%, from an estimated $1,031,000 to $1,400,000 for the year November, 1975 to October, 1976, and in his opinion, the proposed increase demonstrates the need for the City to evaluate the self-funding recommendations of the insurance consultants. On Mr. McRme's recommendations, the City Council authorized the Personnel Director to solicit proposals for administration of a self-funded City employees' health insurance program to include the present benefit schedule, on motion by Councilman Sneegas, seconded by Councilman Thom. MOTION CA~IED. WORKERS' COMPENSATION EXCESS INSURANCE: Personnel Director Garry McRae recalled that in 1974, the City Council discussed insuring above losses of $100,000 versus losses of $250,000, and elected to purchase stop loss insurance at $100,000. The quotation received this year from the State Compensation Insurance Fund for excess coverage on a self-funded workers' compensation pro- gram proposes a 167% rate increase, from the current coverage of .0883¢ per $100 of payroll to .2364¢ per $100 of payroll; no explanation being offered with the exception that the entire workers~ compensation field has experienced rapid increases in costs. Mr. McRae pointed out that to his knowledge the City has never experienced a workers' compensation case exceedir~ $100,000, and in accordance with the City's request, the State Compensation Insurance Fund submitted alternative limit quote for $250,000 of City deductible in the amount of .0453~ per $100 payroll, and he recommended that the lower limit of excess insurance be revised from $100,000 to $250,000~ with an upper limit of $10,000,000 and an estimated premium of $10,586 next year, and that the quotation of State Compensation Insurance Fund be accepted. It is estimated tha~ ~he $100~000 stop loss insurance will amount to $55,242 for the next year, compared to the estimated $17,475 for last year, and he further reported that other firms which proposed to bid on this excess insurance last year indicated rates considerably in excess of the quotation from State Compensation Insurance Company, and with a lessor amount of coverage. Councilwoman Kaywood inquired whether the City would again ~o to the $100,000 lower limit in 1976 if the coming year's experience does not reflect substantial savings. Mr. McRae pointed out that if the coming year reflects an unfavorable experience, the rates would undoubtedly be increased for either plan. He was of the opinion that the savings would be worth the risk. 75-724 City Hal!~ Anaheimm California - COUNCIL MINUTES - August 12} 1975m 1;30 Councilman Thom moved that the Personnel Director be directed to pursue the agreement with State Compensation Insurance Fund, as recommended. Councilman Seymour seconded the motion. MOTION CARRIED. RESULTS OF MANAGEMENT REVIEW~POLICE DEPARTMENT - ARTIIUR YOUNG & COMPANY: Mr. Joe Hill of Arthur Young & Company, submitted to the City Council a draft report of the Management Review conducted in the Police Department, including a sun~ary of the findings and recommendations as result of said review (complete report on file in the Office of the City Clerk). Mr. Hill advised that at the conclusion of the inquires made in pursuit of the management review, an oral review of the findings and recommendations was held with the Chief o£ Police and members of his staff, after which modifica- tions were affected prior to an oral presentation to the Steering Committee. A report was then drafted and reviewed in depth by the Chief and staff members, resulting in a written response. Subsequently, additional amendments were made, and the Police Chief and Steering Committee reviewed the revised draft report just yesterday. Final completed copies of the Management Review Report will be forwarded to the Council Members as soon as possible. Points to be kept in mind in reviewing the report were noted by Mr. Hill, i.e., the fact that the report is not current, but covers the 1975 period of March, April, and the first part of May; and the review of the department was conducted from the perspective of identifying potential 'Cost savings, or improving or increasing services at the same cost. A number of the recom- mendations have been implemented. He noted several weaknesses exist in tile report as they were unable to conduct more interviews with sergeants and police officer personnel because of time limitations. Therefore, he did not consider this a completed management survey of the Police Department in the sense it is commonly known. In some areas, primarily in the patrol section, the needs are not clearly defined. Words contained in the report such as "delete" and "unnecessary", used with reference to particular department positions are not meant to be literally interpreted, and it was his recommendation that decisions of this nature be held in abeyance at this point. Prior,to detailing recommendations, Mr. Hill advised the report contains approximately 150 findings and recommendations, most of which are problematic in nature, and as noted in the introduction to said report, the recommendations are not to be considered a reflection on the department's operation as pre- ferred by the Chief of Police. The time period covered in the report was two to three months after Chief Bastrup was appointed to his position, and in addi- tion to making any changes to the operation himself, the Chief advised that a number of proposed changes were withheld, pending the results of the management review. Four general observations pertaining to the Police Department were made by Mr. Hill: 1. He was personally impressed with the high degree of morale and of support for the new department administration and changes accomplished to date. 2. It was the opinion of the Arthur Young personnel involved in this management review that the department is excessively specialized, relying greatly on specialization to accomplish the Police purposes; that patrol officers are not given a great deal of responsibility other than taking initial reports, while investigation is effected by specialized units such as Accident Investigation, Detectives, etc. In his opinion, the higher the degree of specialization, the less the overall utilization of individuals will be, and this affects utilization of the resources. 3. It was felt there is a need to develop the management expertise within the department because of the number of problems relating to budget, perfor- mance evaluation, information, efficient use of personnel, etc. He indicated a concern that management personnel do not have a full understanding of their Jobs, however emphasized that there are exceptions, and that he believed that, given the proper amount of development and training, the majority of these people can perform their jobs admirably. 4. There is an overwhelming lack of information on the department, which will be discussed further along in the report. 7.5-725 City Hall) AnaheimI California - COUNCIL MINUTES - AuGust 12~ 1975; 1:30 P.M. Three major recommendations are contained in the Council Summary portion of the report, outlined as follows by Mr. Hill: The organizational and operational analysis the Arthur Young & Company staff was able to perform was limited, and it was his recommendation that a very thorough analysis of the department be conducted to address the numerous problems identified in the report to provide for an orderly implementation of the recommendations. Products resulting from such an analysis would be Guide- lines for personnel allocation, a recommended staffing plan for each unit, and clerical and part-time needs. Such an analysis could identify specific posi- tions over and above those indicated in the report which could be deleted or re-allocated to achieve greater results. There are certain areas of the opera- tion which are amenable to work measurement techniques. )~nagement development training should be provided to lieutenants, cap- tains, and prospective lieutenants which should be supplemental to anything required by the State of California, and pertain specifically to the Anaheim Police Department. These trained officers could achieve those'suggestions con- tained in the report, and Mr. Hill envisioned this as a team arrangement to implement the recommendations. The third major recommendation deals with information, which Mr. Hill indicated would be taken up later in his report. He then went through the report and its findings and recommendations in greater detail, as they applied to the entire department. It is recommended that at some future time, the Training Bureau be changed. As a temporary expedient, this bureau currently reports directly to the Chief of Police. It is suggested that the Communications Bureau, which was recently reorganized, be realigned back to the way it was, if the recommended additional staff position is implemented. It is felt that the management functions generated by the more than 400 employees are more than three captains might be able to handle, and there could be more inspection control and planning at the management level; therefore an additional top management position is recommended, preferably a captain. Staffing: Concerning the total department staffing needs, Mr. Hill stated they were unable to reach definite conclusions, due to the absence of information. In some instances, additional staff was recommended; in others, it was felt existing personnel is not utilized to its full potential. One recommendation was to increase the responsibility of patrolmen in some areas. In an overall view, it was his feeling that the department has sufficient personnel to accom- plish the police function; however the proper allocation, scheduling, and classification of these people may be subject to some question. The summer season brings an increase in the workload, due to tourist traffic, etc., however most police employees are allowed a summer vacation. It was the recommendation of the Arthur Young staff that year around schedulin8 of vacations be implemented. Pending a more thorough analysis and report from the Chief of Police, it was Mr. Hill's recommendation that any additions to staff would not be justified at this time, in light of the report findings. Planning and Budgeting: It was found there has not been a great deal of coor- dinated formal inter-unit planning in the department, which is most evident in the budget function. The Chief has already employed an internal budget analyst in an attempt to resolve some of these problems. Personnel Administration: There is a need for some type of systematic plan to develop personnel for future departmental needs, and for a broader classifica- tion encompassing several of the thirteen or more specialized civilian class- ifications for more flexibility. It was suggested that future budgeting be analyzed in terms of full time equivalent personnel, rather than full time per- sonnel, due to the tremendous growth of part time personnel in the department during the past thre~ years, as a more equitable method of analyzing the budget. Information and EDP S~stems: Regarding his previous comment pertaining to lack of information, Mr. Hill stated he thoroughly checked and rechecked the find- ings, and although he agreed that the department was not primarily responsible for many of the inadequacies, there are certain areas which receive their 75-72O City }!all~ Anaheim~ California - COUNCIL MINUTES - August 12; 1975; 1:30 P'M' approval and the responsibility must be directed to the department. The Police Department has been involved in the development and implementation of three major data systems which are now disbanded as impractical or useless. One had already been disbanded when the Arthur Young staff commenced their review, and the other two were disbanded at their subsequent suggestion. A fourth has been in the implementation stage for one year, and is still not producing accurate reports. Although the department has terminated all activities related to the two recently discontinued systems, the budget bears Data Processing charges as though they were still in use. Also recommended was suspension of current plans for the Municipal Data Systems (M.D.S.) package implementation. What is needed is the development of an information system three to five year plan which would require a needs analysis to determine what is desired, what is needed, how they will use it and how it will be presented. Also suggested is the addition of a civilian infor- mation analyst, primarily for crime analysis purposes. This information is presently available only through individual opinions and interpretations. Facilities and Equipment: In this area, only facilities were reviewed, and generally speaking, it appears that the department is nearly out of space, or needs better organization of existing space. Long-range facility planning is in order, which should be based on sound analysis of inter-relationships of functions and personnel. The Communications Bureau has moved downstairs, separating what is currently two positions. There may have been no alter- native, but this move was costly in terms of life cycle costs. Mr. Hill pointed out that when the Bureau was located on the first floor it was con- venient to the patrol operation. Possibly the number of personnel could be reduced in the communications operation. Findings and Recommendations Specific to Organizational Units were then summarized by Mr. Hill. Vice-Narcotics-Intelligence Bureau: Mr. Hill reported that the Vice, Narcotics and Intelligence Bureau currently includes 22 sworn positions, one of which has been unfilled for two years. It is suggested that this position be deleted. Training..Burea~: The training program is excellent and effective. Within the Training Bureau it is suggested that the position of Tactical Sergeant be reduced to a half-time assignment, with the other half to be applied as will be discussed further along in the report. Patrol: Mr. Hill was of the opinion that there is a need for more challenging assignments for the patrol watches in order to more completely utilize people and provide prompt service to the community. He noted that this is one of the key areas where there is some disagreement between himself and the ~olice Chief. Increasing the responsibility would not necessarily propose that it be accomplished immediately with existing personnel; when one specialized unit relinquishes a function, they also release people (resources), which would be reallocated to patrol. There are four in-station assignments to patrol which he felt could be consolidated into three; these would be the Desk Sergeant, the Assistant Desk Officer, the Information Officer and the Communications Officer. Further, six additional positions, two for each watch, should be provided for selective anti-crime enforcement. This is an interim measure directly related to a comment to be made later in the report regarding the removal of six night detective assignments. It is further recommended that the position of Heli- copter Sergeant be assigned to daytime pilot duties to eliminate the need for one police officer pilot. Traffic Bureau: Mr. Hill advised that they questioned the need for four ser- geants in the Traffic Bureau. During a twenty-day sample, the Traffic Bureau performance was below par, and although twenty days is not representative, at the time of the review no other information was available. It was suggested that the accident investigation function be transferred from Traffic to Patrol forces concurrent with the transfer of all eight officer assignments, for more effective utilization of those people. This is another area where the Chief does not entirely agree. Specialization could be retained in some cases with motor officers continuing to perform investigation of serious accidents. Communications Bureau: There were five officers assigned to the Communications Bureau for supervlslon~ and since one was unnecessary, it was recommended this 75-727 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 12~ 1975~ 1;30 P,M, position be allocated to Patrol, which now has been accomplished. The Senior Police Dispatcher position was deemed unnecessary and has since been deleted as recommended. Mr. Hill briefly described the MODAT communications equipment, in which the City invested $60,000, and which has resulted in little benefit to the department. If the tone-coded system is used, it is still backed up by voice communications. Stadium/Convention Ceqter/Reserves Coord~nat.~on: Mr. Hill referred to his pre- vious comment that half of the Technical Sergeant assignment could be reallo- cated, and advised that this would be the area for that partial assiMnment, since the Reserves Coordination Sergeant has more work than can be accomplished in his forty-hour week~ particularly during the California Angels baseball season. Crimes Persons and Crimes Property Bureaus: At the time of the review, there were nine positions assigned to the night detective detail; of these nine, five or six were considered unwarranted, and it was suggested that six be trans- ferred to Patrol, as an interim meamure, to provide the minimal selective anti- crime enforcement staffing as previously recommended. Juvenile Detail: This detail consists of six male officers, and three are as~isned to night du~y. It is recommended that one or two of these should be returned to the day shift duty, and one or two of the six should be female, it being noted that a high percentage of juvenile arrests are female. Warrant Detail; The recommendation here was for one permanent part-time posi- tion for clerical assistance. Technical Services Bureau: It is suggested that if this bureau is to be expanded, it be accomplished through the use of civilian personnel; three civilian positions could replace two officers at essentially the same salary, thus allowing expansion within the budget. Record Bureau: The recommendation is that the daytime Senior Clerk's position be transferred to the night shift, and another morning shift Records Clerk be upgraded to Senior Clerk, with the possibility of upgrading another position to Senior Clerk in order to provide nearly full time supervisory coverage. Another suggestion was the return of the four police officers at the front counter to field duty, with the assignment of qualified civilian personnel to staff the public counter. Property Bureau: It is suggested that the four CETA-funded positions which provide 24-hour service be transferred to more productive assignments in the department, or in the City. Jail Bureau: Arthur Young & Company supported replacement of the PEP employee position by a full time City employee. Also recommended was the investigation of the interest in and feasibility of a multi-jurisdictional or regional cor- rectional operation in order to reduce the jail's proportionately high custodial costs. Personnel and Internal Affairs: The work load in this area has diminished sub- stantially and the internal affairs position is clearly unnecessary and may be deleted. The personnel investigator can handle both assignments. In conclusion, Mr. Hill referred to Exhibit 1, contained in the draft report following page 21, summarizing the staffing recommendations, which are separated into two levels, recommended and potential. Key findings and recom- mendations were reported this date, and he advised that the balance of the many recommendations do not have a direct financial impact. The major areas where there is some disagreement on the part of the Police Chief are set forth in the cover letter contained in the draft report. Mayor Thom noted the voluminosity of the report submitted, and upon receiving no response to his question as to whether members of the Council wished to question Mr. Hill on his verbal presentation, he invited Chief Bastrup to comment. Harold Bastrup, Chief of Police, advised that he was appointed to his position in December of 1974, and in the ensuing period a great deal has been 75-728 City }{all, Anaheim~ California - COUNCIL MINUTES - August 12, 1975, 1:30 P.M. accomplished, with the assistance of all subordinates. A great deal of time was spent working on this survey with the Arthur Young representatives, and the department was aware of many of the items pointed out by the management review, some of which have already been implemented while others may take a consid- erable period of time. In general, he agreed with the report, and advised that his primary con- cern is professional law enforcement and service to the community. The staff plans to look at those areas where he disagrees with the report, and possibly attempt to implement some of the recommendations on a trial basis. b~yor Thom asked how soon the Chief could report back with a comment, a method of implementation of the recommendations, and a recommendation for a compromise situation or an alternative approach to those recommendations with which he did not agree. Chief Bastrup replied that he could report back to the City Council in approximately 60 days with a time plan for implementation. Regarding some of the recommendations, Councilman Snee~as questioned how the needs which prompted certain previous changes and functions created in the Police Department would be overcome if the expert personnel were eliminated from those functions. He expressed concern that the elimination of night detectives could result in inadequate investigations and community services, and noted it is difficult to place a dollar value on some services. Chief Bastrup commented that the crime rate is rising, however many com- munities have an increase rate much higher than the 10.4~ increase in Anaheim. Mayor Thom expressed appreciation to Chief Bastrup, and requested that a copy of the ~nagement Review Results for the Police Department be furnished to the Anaheim Police Association. Councilman Seymour moved that the draft report from Arthur Young & Company on results of the management review for the Police Department be accepted, and the Police Chief be instructed to prepare a plan for implementation of the recommendations contained therein, together with alternatives for those recom- mendations with which he is in disagreement, for consideration by the Council in approximately 60 days. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. ANAHEIM STADIUM RENTAL POLICY - SCHOOL FOOTBALL EVENTS: Mr. Tom Liegler pre- sented a proposal to revise the City policy on lease of the Anaheim Stadium for local junior and high schools and junior college events which would provide the following: 1. City will receive all food and beverage net revenues. 2. City will receive all parking revenues. 3. Anaheim area school tenants will receive all admission revenues and net program sales. 4. City will be reimbursed for all "out-of-pocket" expenses pertaining to the event at actual cost plus a 5% administrative fee. The administrative fee pertains only to the event payroll. Janitorial supply charges will be billed on a "per capita" basis based upon the total previous year's history. Electrical and water charges will be based upon actual meter readings. Mr. Liegier explained that although there has been a program providing for the schools to utilize the Stadium since it has opened, the costs of opening Anaheim Stadium for such use now exceed school budgets. In addition, the two other facilities available for such use, i.e., Glover and Handel Stadiums, are not sufficient to accommodate all of the school activities in the City and are increasingly more difficult to schedule. Because of this situation, Mr. Liegler advised that the City Manager, himself and representatives of the Anaheim Un~on High School District and Fullerton Junior College have met and developed the program which is herewith recommended for Council approval. This program permits the schools to use the Stadium on tile same general terms as they are permitted to utilize the Convention Center. 7~-729 ~ity Hall~ Anaheim; California - COUNCIL MINUTES - August 12~ 1975~ 1:30 P.M. Councilman Sneegas inquired whether the schools' anticipated gate receipts at the Stadium would be sufficient to cover their expenses. Mr. Kenton Wines, Anaheim Union High School Dtstrlct Superintendent, advised that they are able to utilize the smaller stadium facilities for a cost between $600 and $800 whereas the cost of the Anaheim Stadium is anticipated to run between $3,000 and $4,000. However, seating accommodations in the smaller stadiums are limited and there is a concomitant re~tri¢cion in revenues collected. He pointed out that while the high schools could not attract suffi- cient numbers of people to utilize the Anaheim Stadium for routine games, they are experimenting this year with a double-header football event, involving four teams which they hope will attract a crowd of sufficient size so that the schools will not lose money. Mr. Wines noted that the community is faced with the problem of whether or not to construct a third stadium, however following some investigation it is felt the schools should attempt to utilize the Anaheim Stadium whenever possi- ble, scheduling double-headers to attract larger crowds. He advised that he would like to see the lease fees reduced even further than proposed since revenues from football support other minor high school sport activities. He advised that any assistance which the City could give by way of reduced costs at the Stadium, it will gain to the extent that it will not be involved in con- trol of youth participating in athletic activities. Councilman Sneegas voiced the opinion that if the City is making money on the parking and concessions at the Stadium during the high school football games and the high school athletic fund is unable to cope with the cost at the Stadium, perhaps some further steps toward reduction should be taken in order to assure that the schools could continue to use the Stadium without losing money and to avoid the possibility of having to build an additional stadium. Mayor Thom asked Mr. Wines if he is in agreement with the proposal for a reduced burden at the Stadium as recommended by Mr. Llegler, and received an affirmative reply. In reply to Councilman Sneegas' concern as to whether or not sufficient funds would be received by the high schools with this revised policy, Mr. Wines reported that the double-header which is scheduled is an attempt to prove, one way or the other, whether or not the use of the Anaheim Stadium is practical for nigh school football events. Councilman Seymour concurred with Councilman Snee~as that the School Districts should be coming ouC in the black on the high school games, but voiced the opinion that the Council should approve the recommendations made by the Stadium-Convention Center Director, and if the double-header does not prove profitable for the schools, then he felt it is incumbent upon the Clty to work out some other solutlon with the School Districts. Mr. Wlnes advlsed that he would appreciate the acceptance of the recom- mendation at this time. Mr. Hal Sherbeck, Athletic Director and Football Coach, Fuilerton Junior College, concurred with Mr. Wines' comments and noted that they have similar scheduling and economic problems at the junior college level. They too depend on football income to support their athletic program. He advised that they would be appreciative of any type of reduction which the City Council might approve and that they agree with the recommendations proposed for the revised Stadium Lease Policy. f{ayor Thom stated that he was certaln the community taxpayers would be concerned with the need for construction of another stadium, and if that neces- sity might be avoided with more efficient usage of the Anaheim Stadium, it would be an advantage to all concerned. Mr. Claire Van Hoorebeke, Anaheim High School Athletic Director, related that he has been concerned and involved in this debate over reduction of costs at the Anaheim Stadium for some time. He reported that even with a CIF playoff game, he doubted that they could attract a crowd of sufficient size to the Anaheim Stadium to make it pay off because of the many locally scheduled foot- ball games. He pointed out that obviously the high school cannot afford to 75-730 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 12~ 1975.~..1..:~.0 P.M. play in Anaheim Stadium with the minimum cost of $4,000 while attracting a crowd of the same size as is usually accommodated in Glover or Handel Stadiums for a cost of just under $1,000. He advised that he felt it is necessary to devise a way to make up the difference so that the high schools can afford to play at Anaheim Stadium since the City and School Districts cannot afford to build a third stadium. He reported that what he has proposed to Mr. Liegler in the past is that the City receive all monies from concessions, but change the policy relative to parking so that if the City takes in $3,000 in parking revenues and the high schoolts bill for use of the Stadium is $4,000, then the high school's bill would be reduced by that $3,000 amount. He felt this would be equitable and justified since the schools would be usinH the Stadium at a time when no other group was scheduled and the City would not be losing any money. Since all of the money ultimately comes from the taxpayers, Mr. Van Hoorebeke appealed to the Council to find some way to assist the schools so that they could make use of the Anaheim Stadium facility. Councilwoman Kaywood commented that she felt splitting the parking revenues with tenants as proposed by Mr. Van Hoorebeke would be a dangerous and perhaps foolish precedent and she would not be in favor of changing the City's policy to accomplish this. She pointed out that it would be impossible to do this for one group and not extend the same privilege ko others. Noting that all parties are apparently pleased with the recommended revisions in policy as presented, Councilwoman Kaywood moved that these be accepted and approved by the City Council. Councilman Pebley seconded the motion. MOTION CARRIED. Mr. Liegler advised that a great deal of work had gone into these recom- mended revisions and that they did not want to change them if possible at this time. He suggested that the City proceed with the revised policy as proposed for the coming football season, compile statistics and an evaluation of the situation, and review this with the Council in December or January, at which time the Council may wish to change their policy. PUBLIC hEARING - VARIANCE NO. 2723: Application by Raymond G. Spehar for the following Code waiver to permit four wall signs in the CL (SC) Zone on property located at the northeast corner of La Palma Avenue and Imperial Highway was submitted together with application for exemption status from the requirement to prepare an environmental impact report: a. Permitted signs. The City Planning Commission, pursuant to Resolution No. PC75-164, reported that the Director of Development Services Department has determined the proposed activity falls within the definition of Section 3.01, Class 11 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an environmental impact report, and further denied Variance No. 2723. Appeal from action taken by the City Planning Commission was filed by Oavid B. Garrison, Chief Project Coordinator, Carl Karcher Enterprises, Inc., and public hearing scheduled this date. Mr. Ronald Thompson described the location of subject property and sur- rounding zoning and land uses. He noted that commercial zoning for this prop- erty was approved four to five years ago, and earlier this year Conditional Use Permit No. 1492 was approved to permit construction of a Carl'~ Jr. Drive-thru Restaurant. Mr. Thompson advised that the primary issue of concern in the variance application i~ one of signing in the Scenic Corridor Overlay Zone. The appli- cant is requesting four roof signs of 36-square foot in size, whereas Code would permit one wall sign consisting of approximately 10% of the wall area. He related that the service station to the south of subject property does have a free-standing sign approved by variance, and the nursery located south- easterly had requested four wall signs similar to the current proposal, which were denied and the business has one sign which is in conformance with Code. Mr. Thompsor reported that the Planning Commission was concerned about maintaining the integrity of signing in the Scenic Corridor; that they felt the applicant had not proven a hardship; and there would be adequate signing avail- able if provided in conformance with the Code. ?~-731 City Hall, Anaheim, California - COUNCIL MINUTES - August 12, 1975, 1!30 P.M. The Mayor asked if the applicant or his agent were present and wished to address the Council. Mr. David Garrison, Chief Project Coordinator, Carl Karcher Enterprises, Inc., 1200 North Harbor Boulevard, Anaheim, referred to illustrations posted in the Council Chamber showing the four roof-mounted signs as proposed as well as the one sign which would be permitted by Code. He stressed that the applicant is requesting a variance for numbers of signs only and that the combined size of the signing proposed is 120-square feet whereas 125-square feet is per- missible. He voiced the opinion that the architectural integrity of the building as well as enhancement of appearance in the Scenic Corridor would be diminished by allowing the one large sign; that the integrity of the building is increased by the four signs since the building is designed to accept these and the roof structure is set up in a manner so as to display them to their best advantage. Mr. Garrison noted that Carl's Jr., as a fast food operator, locates on corners so they might have a 50% chance of obtaining more customers, and to allow only one sign permits them to address only Z5% of the traffic. At the time of the hearing on Conditional Usa Permit No. 1492 it was noted that this property does not have access from Imperial Highway. The building is situated in such a manner that the signs which are being requested will enable them to address 100% of the traffic traveling past the corner. Mr. Garrison concluded that he did not concur with the Planning Commission statement that they had failed to demonstrate hardship,'inasmuch as they are locating on a corner which costs more to develop and being permitted to address only 25% of the potential customers at this intersection constitutes a hard- ship, in his opinion. The adjacent commercial and industrial areas have an advantage over this particular corner because they do have adequate signing which is in accordance with business signs permitted in the industrial zones. He advised that there has been no opposition expressed to this proposal. Councilwoman Kaywood asked if the applicant was aware of the existing Scenic Corridor Overlay Zone and its signing restrictions at the time the prop- erty was purchased for development of the drive-thru restaurant. Mr. Garrison replied affirmatively, but noted that they felt they could demonstrate the need for a small monument sign as was originally proposed because the neighboring property was experiencing more property rights. Councilwoman Kaywood inquired what types of advertising techniques the Carl's Jr. Restaurants employ in those cities which do not allow free-standing signs, and Mr. Garrison replied that dependent upon the location, they have obtained more than one sign. Mr. Bernard Karcher, 1200 North Harbor Boulevard, Anaheim, advised that in general his firm does not have many locations without free-standing signs; that if they are going to operate without one at this location, they are basically trying to cooperate and they feel the four signs look much nicer than one large individual sign. The Mayor asked if anyone else wished to address the Council either in favor or in opposition, there being no response, he declared the hearing closed. CounciLman Seymour stated that although the applicant builds a strong case in favor of the variance, based on variances granted the adjacent properties, he would have to concur with the recommendation of the City Planning Commission that this variance be denied, not because of four signs or of any greater ecological detriment but based upon the fact that unless the Council is pre- pared to delete that portion of the Scenic Corridor Overlay Zone which deals with signs and consider each and every sign request on its own merits, they have to draw the line somewhere. Councilman Sneegas commented that the intent of the Scenic Corridor Over- lay Zone is to improve the looks of the area and he could not see how a five foot by twenty-five foot sign would improve the overall appearance of the pro- posed building. He replied in answer to Councilman Seymour, that he felt the 75-732 City Hall, A. naheim! Cal!lf. Or~,lia - COUNCIL MINUTE, S - August 12! 19175! 1:130 P.M. Council should make such determination regarding signs in the SC Zone with 8ood sense and discretion, using the variance procedure. Councilman Seymour voiced the opinion that if the City Council wished to alter the standards for signs set forth in the Scenic Corridor zoning, then these standards ~hould be eliminated and each applicant treated equally by con- siderins all si§ming requests separately on their own merl~s. He agreed that the four signs proposed by this applicant would be a better solution than the one large sign, but insisted that this is not the question; that the Council should either live by their standards or eliminate them. CATEGORICAL EXEMPTION - ENVIRONMENTAL IMPACT REPORT: On motion by Councilman Seymour, seconded by Councilwoman Kaywood the City Council ratified the determination of the Director of Development Services that the proposed activity falls within the definition of Section 3.01, Class 11 of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an environ- mental impact report. MOTION CARRIED. RESOLUTION NO. 75R-424: Councilman Seymour offered Resolution No. 75R-424, sustaining the recommendations of the City Planning Commission to deny Variance No. 2723. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2723. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom NOES; COUNCIL MEMBERS: Pebley and Sneegas ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-424 duly passed and adopted. RE-ESTABLISHMENT OF CITY YOUTH COUNq. IL: The second draft of a proposed plan for re-establishment of a City Youth Council was submitted by the Parks, Recreation and the Arts Director. Discussion of this matter was continued from the meet- ing of July 8, 1975 to receive input from students who participated in Youth in Government Day, 1975. The Mayor invited interested students in the audience to address the Council. Jeff Augustine related that he had participated in the last Youth in Goverr~nent Day and when the resolution to re-establish the Youth Advisory Council was drafted he had voted negatively for the following reasons: 1) The only practical level at which they might be able to serve would be in conjunc- tion with the Parks, Recreation and the Arts Department; 2) the Youth in this age category tend to be unrealistic insofar as money and scheduling problems are concerned; 3) the success or failure of the Council would depend upon the quantity and quality of individuals involved, and since those who would par- ticipate are those same students who are already involved in school activities their efforts on the Youth Advisory Council would be diluted; 4) he did not think there would be a sufficient n~u~ber of young people interested in serving in this type of group. Mr. Augustine suggested that if the Council does decide to proceed with such a Youth Advisory Group that they solicit equal representation from each of the Anaheim High Schools and Junior High Schools. Miss Kathy Howard agreed with the observation that young people tend to become unrealistic but was saddened by the comment that Mr. Augustine feels there is lack of interest. She felt it is important to foster interest in civic affairs among young people. She advised that the problem with the prior Youth Council was a lack of involvement on the part of the City Council Members themselves. She urged the reorganization of the Youth Council and felt that with proper involvement by City Council Members and some guidance this group 75-733 City Hall, Anaheim, California - COUNC~.~ MINUTES..- Augus. t 12~ 1~.75; 1:30 P,M, could act to unite adults and youth in the community and further communication and cooperation between them. Tim Knoch, 107 South Agate ?lace, Anaheim, advised that he was also a par- ticipant at the last Youth in Government Day. He disagreed with comments made by Jeff Augustine relating to lack of interest and student involvement. He remarked that he felt this Advisory Council should be broad-based and represent not just high schools but also those students who have graduated and taken jobs, as this group is unrepresented otherwise. Further discussion of a broader-based Youth Council ensued and Councilman Seymour inquired what Tim Knoch thought of inviting junior high school students to participate as well. Councilwoman Kaywood introduced the suggestion that junior college level students be included on such Council. Mr. Knoch agreed with the suggestions and advised that the important thing is to keep up the momentum which has been generated. At the conclusion of discussion, the Mayor suggested that each of the students present might find it beneficial to pick up a copy of the proposed plan for a City Youth Advisory Council which will be discussed by the Parks and Recreation Commission at a forthcoming meeting. It was further suggested by Councilman Seymour that discussion of this plan be postponed by the Parks and Recreation Commission to a meeting in the middle of September so that incoming senior student leaders might be contacted and invited to participate as well. Mr. Collier was present at the meeting and indicated agreement to deferring further discussion until some time in September. By general consent, the Council therefore deferred further consideration of the proposed plan for re-establishment of a City Youth Council until late September or early October, pending a recommendation from the Parks and Recreation Commission. RECESS: Councilwoman Kaywood moved for a five-minute recess. Councilman Thom seconded the motion. MOTION CARRIED. (4:05 P.M.) AFTER RECESS; Mayor Thom called the meeting to order, all Members of tile City Council being present. (4:10 P.M.) RUMMAGE SALE - AMERIC~..N OPINION LIBRARY: Request submitted by Sherry D. Ritter, on behalf of the American Opinion Library for a permit to solicit for charitable funds by conducting a rummage sale on August 15, 16, and 17, 1975 at 1701 South Euclid, and for waiver of business license fees in connection there- with, was presented for Council consideration. On motion by Councilman Thom, seconded by Councilman Sneegas, the City Council granted the permit for solicitation of charitable funds and waived business license fees in connection with the proposed rummage sale, pending completion of Item Nos. 5 and 7 on the application form, as recommended by the City Attorney's Office. (The applicant was present and completed the form at the Council meeting.) MOTION CARRIED. REQUEST - EXTENSION OF TIME, TENTATIVE TRACT NO. 8456; REVISION NO. 3: Request of Mr. James Rodgers, Westfield Development Company, 17802 Sky Park Circle, Irvine, dated July 23, 1975, for an extension of time to Tract No. 8456, Revision No. 3, was submitted together with reports from Development Services Department and the City Engineer advising that one year has expired since approval of this tentative tract map on July 16, 1974 and consequently, under the provisions of the State Subdivision Map Act, Section 66452.6, no further extensions may be granted. On motion by Councilman Pebley, seconded by Councilman Sneegas, the request for extension of time, Tentative b~p, Tract No. 8456, Revision No. 3, was denied without prejudice. Councilman Seymour abstained from discussion and 75-734 City Hall; Angheim; California - COUNCI~ MI.NU. TES - Au~ug~ 12, 1975, 1:30 P.M. votin8 on the motion because of occasional business contacts with the Westfield Development Company. MOTION CARRIED. RESOLUTION NO. 75R-425 - AMENDMENT TO AMFAKO AGREEMENT; The City Clerk reported that it is necessary to amend the original AMPARO - A Safe Place agreement to correct the amount of funds contributed by the City of Anaheim from $1,730 to $2,307 because the amount originally quoted was computed with an incorrect number of participating cities. Councilman Thom offered Re~olution No. 75R-425 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 75R-335 ENDORSING AND AUTHORIZING PARTICIPATION IN "AMPARO - A SAFE PLACE." Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES; COUNCIL MEMBERS: None ABSENT: COUNCIL M~MBERS: None The Mayor declared Resolution No. 75R-425 duly passed and adopted. RESOLUTION NO. 75R-426 - FRONTERA NO. 1 ANNEXATION (UNINHABITED): Pursuant to authority granted by the Local Agency Formation Commission Resolution No. 75- 87, Councilman Seymour offered Resolution No. 75R-426 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXA- TION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED FRONTERA NO. 1 ANNEXATION. (UNINHABITED) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME~[BERS: None The Mayor declared Resolution No. 75R-426 duly passed and adopted. REQUEST - PARADE PERMIT FEE WAIVER: Request submitted by Steve Tsubota, President of the Cerritos High School Chapter, YGAD Club, 12335 East Rose Street, Cerritos, 90701, for waiver of the parade permit application fee in connection with a parade planned by the group to raise funds for the Lung Association on August 20, 1975, was submitted together with report from the Police Department, Traffic Division. Also submitted was report from the City Attorney's Office recommending said request for fee waiver be denied. On motion by Councilman Thom, seconded by Councilman Pebley, the City Council denied the waiver of the $25 fee in connection with a parade permit requested by the Cerritos High School YGAD Club. MOTION CARRIED. RESOLUTION NO. 75R-427 - AGREEMENT - TOUPS ENGINEERING, INC.: Councilman Seymour offered Resolution No. 75R-427 for adoption, authorizing an agreement with Toups Engineering, Inc. to perform engineering services for preparation of the annual revenue bond report, the cost of said services not to exceed $800. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH TOUPS CORPORATION TO PREPARE A REPORT ON THE WATER SYSTEM IN ANAHEIM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: 75-7~5 City Hall, AnaheimI California - COU..N.C!..L MINUTES - Au8us..t 12! 1975! !.:30 AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-427 duly passed and adopted. RI~HT-OF-WAY ACQUISITION PROCEDURES - FAIRMONT BOULEVARD; The City Engineer sub- mitted recommended right-of-way acquisition procedures and policies for Fairmont Boulevard. He reported that the intent is to fully improve approxi- mately 400 feet of Fairmont Boulevard at the intersections of Canyon Rim Road and Santa Ana Canyon Road; that the precise alignment and right-of-way sketches have been prepared and the City staff is ready to prepare deeds and contact property owners if the Council approves the recommended procedures. Mr. Maddox pointed out that this is a deviation from tile normal City policy. Normally the City would install full street improvements in exchange for ultimate dedication, however, in this instance only partial improvements will be constructed. If full dedication is obtained, the future obligation of the City to construct ultimate improvements is estimated to be $266,000, which amount could be shared with the County of Orange of Orange if an A.H.F.P. pro- ject is approved. Councilman Seymour was of the opinion that the Council determined they were agreeable to accepting that risk when the decision on the general align- ment for Fairmont Boulevard was made. On motion by Councilman Seymour, seconded by Councilman Thom, the City Council approved and adopted the following recommendations made by the City Engineer in connection with right-of-way acquisition procedure and policy for Fairmont Boulevard, Santa Ana Canyon Road to Canyon Rim Road: 1. That the City of Anaheim offer tile property owner full street improve- ments, including sidewalks, in exchange for the ultimate dedication, including slope easements. Construction to be as follows: a. Initial construction (1975-76 Fiscal Year) to include ultimate grading, two travel lanes with a landscaped median island. b. The intersections at Santa Aha Canyon Road and Canyon Rim Road be fully improved for a distance of approximately 400 feet to provide for necessary left turn pockets and adequate sight distance. c. The remaining improvements where ultimate dedication was acquired, will be constructed at future City expense when required or ordered by the City Council. Z. That if the City of Anaheim is required to condemn or purchase the necessary right of way, acquisition will include only the minimum needed for grading and the construction of two travel lanes with a landscaped median island. Future improvements will be an obligation of the adjacent property owner as a condition of zoning. MOTION CARRIED. RESOLUTION NO. 75R-428 - REMOVAL OF PARKING METERS - LEMON STREET: In accordance with recommendations submitted by the City Engineer, Councilman Pebley offered Resolution No. 75R-428 for adoption, authorizing the removal of the first five Parking meters on the east side of Lemon Street, south of Cypress Street. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS AND SUPERINTENDENT OF STREETS TO REMOVE CERTAIN PARKING METERS INSTALLED PURSUANT TO ANAHEIM MUNICIPAL CODE SECTIONS 14.44.020 and 14.44.030. (LEMON STREET) Roll Call Vote: 75-736 City Iia!l., Anaheim, Cali.f. orn. i.a-.CO. UNCI. L..MINUTES..- August ..!.2, 1975, 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-428 duly passed and adopted. PRIVATE PATROL PERMIT - BACKTRACK UNLIMITED: Application for private patrol per- mit by Backtrack Unlimited, continued to this date from the Council meetings held July 15, July 29 and August 5, 1975, was submitted for Council con- sideration. Lt. Wilcox of the Anaheim Police Department reported that he had tele- phoned the State Division of Licenses regarding the uniform question and has ascertained that there is no requirement that private patrols wear uniforms, however badges may not be used unless uniforms are worn. He explained that the Anaheim Police Departmentts concern with this particular application is that they are proposing to perform private patrol duties in plain clothes. He also noted that during the background investigation a situation involving the carrying of concealed weapons involving both of the principles in this permit application was disclosed. The fact that this was in violation of State Law was made known to these parties and subsequent to that two other members of the Anaheim Police Department observed similar violations at their place of employ- ment. Lt. Wilcox reported that there have been modifications made to this application since it was originally submitted, i.e., when notified that they could not carry weapons unless certain provisions are made, the applicants indicated that they would not carry weapons. They originally submitted a proposed design for a badge which they intended to use however, have since indicated they will not wear badges. Further, Lt. Wilcox noted that investi- gations cannot be conducted without an investigative license. In conclusion, Lt. Wilcox stated that because of the past violations and because of his concerns as to whether or not Backtrack Unlimited will comply with the regulations as set forth, he has recommended to the Chief of Police that this application be denied. Mr. Patrick Ritter, part owner of Backtrack Unlimited, stated that at the time they proposed the badges they were not aware that they would receive identification cards from the State of California. They have since determined they will not use badges but will utilize the identification cards forwarded th~n by the State. He indicated that they have no intention of using guns without proper permits to carry concealed weapons. Councilman Sneegas voiced his concern that while he dislikes removing the right of a person to bear arms in his home or place of business, he is per- sonally aware from past experience on the Anaheim Police Department of how dangerous and explosive this situation can be. He stated that he is certain that the Backtrack Unlimited firm provides a tremendous service and that he would like to give them the opportunity to perform their service in Anaheim but at the same time eliminate the potential hazard, not only for those involved with the firm, but also for Anaheim Police Officers. Therefore, he was of the opinion that there must be a very clear understanding of the parameters which are to be allowed and that any infraction of the rules would result in revoca- tion of the permit. Councilman Pebley stated that during his approximately 11½ years on the City Council with three different Police Chiefs, tie could not recall the Council ever deviating from the recommendation made by the Chief. He advised that in order to vote favorably on this permit application he would first have to receive a different recommendation from the Chief of Police. Councilman Seymour suggested that if Council does not wish to deviate from the recommendations supplied by the Police Chief, then the procedure should be changed and the Chief given full authority to grant or deny these permits. Mr. Francis Ritter reiterated that in their conduct of this business they will not carry guns unless at some point in the future they are granted the proper permits to do so. 75-737 City Hall, Anaheim~ Californi~ - C0qNCIL MINUTES - Au~ueC lZm 1975m 1;30 Councilwoman Kaywood inquired what their objections to uniforms were and the applicants explained that although a uniform is a deterrent to crime, they would not be beneficial in their type of service, in which it is necessary for them to pose as shoppers, etc., in order to observe the customers and employees in the stores which they are protecting. They indicated they are performing the same type of service which is utilized by all major department stores, but are subcontracting to smaller independent stores. They advised that they have letters of intent from as many as 100 store owners who would like to utilize their services. They clarified that their work is investigative in nature only. A potential contractor would employ them to guard his business when he is losin$ a certain percentage of inventory and they would conduct an interior investigation on employees of the firm, etc. This type of investigative work should not be confused with the type of work a private investigator might per- form. Councilman Sneegas asked Lt. Wilcox if the Police Department's reserva- tions regarding this permit would be answered by the parameters discussed, i.e., that they would not operate with guns or badges. Lt. Wilcox replied that he would be concerned as to whether or not the bu~ines~ will be conducted in the manner set forth. Mr. Francis Ritter advised that if the Anaheim Police Oepartment should see fit to question or challenge their private patrol permit, this would, as a matter of routine, be reported to the Department of Consumer Affairs, Investigative Bureau, which has issued their State license and could cause them to lose their license. At the conclusion of discussion, Councilman Sneegas moved that the private patrol permit be approved, subject to the provisions as stipulated to by Patrick M. T. Ritter and Francis D. Ritter, that all members of the company shall not wear badges nor carry guns while rendering services as authorized by said Private Patrol Permit; and further subject to compliance with all provi- sions of Chapter 4.60 of the Anaheim Municipal Code. Councilman Seymour seconded the motion. To this motion, Councilman Pebley voted "no". MOTION CARRIED. RESOLUTION NO. 75R-429 - APPLICATION FOR FUNDS - BICYCLE TRAILS: Councilwoman Kaywood offered Resolution No. 75R-429 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING TIlE CITY MANAGER TO EXECUTE AND FILE A BICYCLE, PEDESTRIAN FACILITIES CLAIM APPLICATION PURSUANT TO S.B. 821 WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR FUNDING OF BICYCLE TRAILS IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL M~MBERS: Kaywood, Seymour, Pebley and Thom NOES: COUNCIL MEMBERS: Snee§as ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-429 duly passed and adopted. RESOLUTION NO. 75R-430 - ESTABLISHING FEES; ORDINANCE NO. 3452: Mr. Griffith presented the resolution which would establish a fee not'to exceed $5 for documents supplied by Development Services Department in connection with Planning Area "B", pursuant to Ordinance No. 3452, Section 18.02.047, Anaheim Municipal Code. Councilwoman Kaywood advised that the Canyon Area General Planning Task Force in discussion of this matter intended that the fee charged for these documents be self-supporting, and that this activity not be subsidized by the City. Councilman Seymour clarified that as he understood what is planned in documentation, the cost would be more in the order of $1 per set and the realtor or developer could purchase one of each item and have these reproduced on his own. 75-738 City Hall; Anaheim; California - COUNCIL MINUTES - Ausust 12, 1975~ 1:30 P.M. Mr. Watts agreed that it is contemplated the realtors will produce their own supply of documents from one original and that the cost at this time will be substantially less than $5. RESOLUTION NO. 75R-430: Councilman SeymoUr offered Resolution No. 75R-430 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE FEES TO BE C[L~KGED BY THE DEVELOPMENT SERVICES DEPARTMENT FOR DOCUMENTS FURNISHED TO THE PUBLIC IN PLANNING AREA "B" IN TRANSFERS OF REAL PROPERTY PER CITY ORDINANCE NO. 3452. (Documents furnished to public not to exceed $5 per set) 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-430 duly passed and adopted. RESOLUTION NO. 75R-431 - EMPLOYEES' DEFERRED COMPENSATION PLAN: Mr. Ringer reported that in response to Council's direction given at the meeting of August 5, 1975, he had Mr. Nevin Limburg, the Assistant Manager of the Anaheim Chamber of Commerce, conduct a study of the savings and loan associations with branches in the City of Anaheim to determine whether or not any of these had a deferred compensation plan which the City might utilize. His research disclosed that Home Savings and Loan Association and Republic Federal Savings and Loan Association had plans, but on further contact with them, it was clarified that they desired to prepare and formulate a Plan for the City. To accomplish this they have referred the City to the Financial Industry Services Corporation which specializes in this type of financial planning. Mr. Ringer advised that if the Council wishes to instruct staff to prepare their own plan with the services of this corporation, any savings bank could act as depositor. Councilman Thom inquired as to whether any charges would be made by Financial Industry Services Corporation, to which Mr. Ringer replied that they charge $12 per member and in exchange will act as administrator and render cer- tain other services aside from the deferred compensation plan. Mr. Ringer further reported that there are no charges with the plan proposed by Glendale Federal Savings and Loan. Councilman Seymour pointed out that it was at his insistence that any further attempt was made to locate a savings and loan in Anaheim to act as depositor for a deferred compensation plan. However, it appears obvious after two attempts that while Anaheim-based savings banks are desirous of entering into such a plan, none have as yet an actual plan ready for the City to utilize. Since it is still possible that additional depositors can be incorporated into the plan at a later date, and since he felt sufficient local contact has been made, Councilman Seymour indicated he would be prepared to vote favorably for adoption of the Glendale Federal Savings Plan. In reply to Councilwoman Kaywood, Mr. Ringer reported that the City Treasurer would act as administrator for the Glendale Federal Plan and that no additional City employees would be necessary at this time. The interest rate paid will range between 5¼% to 7½% depending upon the type of savings account and amount of funds available. The interest rate will fluctuate in accordance with prevailing market conditions as well. He pointed out that the City Treasurer, acting as administrator, would have the responsibility of occasional review to determine whether or not the fund is receiving a maximum return. Mayor Thom remarked that it should be noted the Anaheim Municipal Employees Association and Anaheim Fire Association have both submitted written indication that they support the employees' deferred compensation plan sub- mitted by Glendale Federal Savings and Loan Association. 75-739 City Hall, Anaheim, California - COUNCIL MINUTES - Aulust 12, 1975; 1~30 P.M. F~SOLUTION NO. 75R-431: Councilman Seymour offered Resolution No. 75R-431 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF Tile CITY OF ANAHEIM APPROVING AND ADOPTING AN EMPLOYEES DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREE- MENTS RELATING TO SAID PLAN BY TtiE CITY TREASURER. (Glendale Federal Savings and Loan Association) 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-431 duly passed and. adopted. CONSENT CALENDAR AGENDA: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, 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. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the insurance carrier: a. Claim submitted by Corey Burk for damages sustained to motorcycle pur- portedly as a result of a dislocated water main cover on Brookhurst Street, north of Ball Road, on or about June 2, 1975. b. Claim submitted by Bertrand B. Lutz for injuries sustained purportedly as a result of his seat collapsing at Anaheim Convention Center, on or about June 14, 1975. c. Claim submitted by Robert Hebron for injuries sustained purportedly as a result of condition of steps at Anaheim Stadium, on or about July 4, 1975. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Intergovernmental Coordinating Council of Orange County: San Juan Capistrano Resolution No. 75-7-2-1 Seal Beach Resolution No. 2454 Garden Grove Resolution No. 4827-75 Irvine Resolution Nos. 456, 457 and 458 Tustin Resolution No. 75-46 Santa Aha Resolution No. 75-98 b. Anaheim Public Library Board - Correspondence to Mr. A. L. Mahoney, Chairman, Parks, Recreation and the Arts Commission. c. Community Center Authority - Minutes - July 7, 1975. d. Airport Land Use Commission - Minutes - June 19, 1975. e. Financial and Operating Report for the month of June, 1975 for the City Treasurer's Office. 3. PRIVATE PATROL AND AMUSEMENT DEVICES PERMITS: The following permits were granted subject to the recommendations of the Chief of Police: a. Private Patrol Permit for general patrol of business, commerce, and industry in the City of Anaheim for Trooper Security Patrol. (Harry O. Armstrong, Applicant) b. Amusement Devices Permit for two pool tables to be located at the Gold Room, 508 South Knott Avenue. (Paul R. Ogle, Applicant) MOTION CARRIED. RESOLUTION NO. 75R-432 - SUPPORTING H.R. BILL 7666: Councilwoman Kaywood requested that correspondence received from the City of Westminster, consisting of their Resolution No. 1681 in support of the House of Representative's Bill H.R. 7666 which would increase the amount of outside earnings limitations under Social Security from $2,400 to $4,800 annually be removed from the Consent Calendar and offered Resolution No. 75R-432 for adoption supporting H.R. 7666. 75-74O City Hall, Anaheim, California - COUNCIL MINUTES - August 12, 1975, 1:30 P.M. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING HOUSE OF REPRESENTATIVES BILL HR 7666 TO INCREASE AMOUNT OF OUTSIDE EARNINGS LIMITATIONS UNDER SOCIAL SECURITY. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL b~MBERS: None ABSEt~: COUNCIL MEMBERS: None The Mayor declared Resolution No. 75R-432 duly passed and adopted. RESOLUTION NOS. 75R-433 THROUGH 75R-436: Councilman Seymour offered Resolution Nos. 75R-433 through 75R-436, 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-433 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS A~ND ORDERING THEIR RECORDATION. (Ball Road Industrial Park; Woodbine Corp.; Frederick B. and Blanche Morley) RESOLUTION NO. 75R-434 - FINAL ACCEPTANCE - WORK ORDER NO. 750-A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AN~tEIM FINALLY ACCEPTING TI~ COMPLETION ~{D THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFOR- IvLA~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE GROVE STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 750-A. (R. J. Noble Company) RESOLUTION NO. 75R-435 - FINAL ACCEPTANCE; WORK ORDER NO. 751-B: 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 PERFOR- b~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC ISIPROVEMENT, TO WIT: THE LINCOLN AVENUE-SUNKIST STREET INTERSECTION IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 751-B. (R. J. Noble Company) RESOLUTION N0. 75R-436 - FINAL ACCEPTANCE~ WORK ORDER NO. ~.1256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TttE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFOR- MANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT; ALLEY #36 SEWER IMPROVEMENT, N/O LINCOLN BETWEEN OHIO STREET AND ILLINOIS STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1256. (City Construction Company) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 75R-433 through 75R-436, both inclu- sive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held July 21, 1975, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Pebley, seconded by Councilman Seymour, the City Council authorized the actions pertaining to environmental impact requirements as recommended by the City Planning Commission and sustained the actions taken by the City Planning Commission in connection with the following applications: (Item Nos. 1 through 15) 75-741 City Hall; Anaheim; California - COUNCIL MINUTES - August 12, 1975, 1!30 P.M. 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The Director of Development Services Department has determined that the proposed activities in the following listed zoning applications fall within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the requirements for an environmental impact report.and are, therefore, categorically exempt from the requirement to file an environmental impact report; Conditional Use Permit No. 1552 Variance No. 2722 2.... ENVIRqNMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS; The City Planning Commission recommends to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1537 Conditional Use Permit No. 1553 3. CONDITIONAL USE PERbIIT NO. 1537 (READVERTISED): Submitted'by William C. Wagner to permit a mobilehome and recreational vehicle park on RS-A-43,000 zoned property located at the northwest corner of Lincoln Avenue and Bel Air Street. The City Planning Commission, pursuant to Resolution No. PC75-158, denied said conditional use permit. 4. CONDITIONAL USE PERMIT NO. 1552: Submitted by Ronald S. Muckenthaler to permit an automobile repair facility in a vacated service station on ML zoned property located at the northeast corner of Miraloma Avenue and Miller Street, with Code waiver of: a. Minimum building setback. (Withdrawn) '~he Cie'i? iar~n.-~ng ~io~ni~]~-:,~, p~,~r,'-~uan~ to Resolut~ion No. PC75-161, granted sai~ conditional use permit in part, subject no conditions. 5. CONDITIONAL USE PERMIT NO. 1553: Submitted by the City of Fullerton to permit a guest home on CL zoned property located on the north side of La Palma Avenue, west of Harbor Boulevard, with Code waivers: a. Maximum building height. b. Required block wall. The City Planning Commission, pursuant to Resolution No. PC75-162, granted said conditional use permit subject to conditions. 6. VARIANCE NO. 2722: Submitted by Raymond and Norma Gurule to establish a crafts classroom in an existing residence on RS-7200 zoned property located on the west side of Dale Avenue, south of Ball Road with Code waviers of: a. Permitted accessory uses. b. Maximum sign area. The City Planning Commission, pursuant to Resolution No. PC75-163, denied said variance. 7, FINDING - ORANGE COUNTY FLOOD CONTROL DISTRICT EXCHANGE OF PROPERTY: The City Planning Co~mission pursuant to Resolution No. PC75-165, finds and determines that the proposed exchange with an adjacent property owner of certain land parcels in the vicinity of the District's Carbon Creek Diversion Channel, south of the Riverside Freeway in the City of Anaheim, is in comformance with the City's adopted General Plan. (Reclassification No. 73-74- 52, Variance No. 2711, Reclassification No. 75-76-1, Variance No. 2718) 8. E.I.R. - NEGATIVE DECLARATION - GRADING PERMIT~ 453 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 453 South Country Hill Road will have no significant effect on the environ- ment and is, therefore, exempt from the requirement to prepare an environmental impact report. 75-742 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 12t 1975t 1:30 P.M. 9. E.I.Ro - NEGATIVE DECLARATION - GRADING PERMIT; 352 SOUTH MOHLER DRIVE; On recommendation of the City Planning Commission, the City Council determined that application for a grading permit for a single-family home site at 352 South Mohler Drive will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. 10. EXTENSION OF TIME; VARIANCE NO. 2525: Submitted by Lee C. Sammis, General Partner, Tri-Freeway Business Complex, Ltd., requesting an extension of time in order to complete financing arrangements for the establishment of a mini- warehouse on ML zoned property located southeast of Brookhurst Street and the Santa Ana Freeway. The City Planning Commission, by motion, granted an extension of time expiring July 23, 1976. 11. REVISED PLANS~ CONDITIONAL USE PERMIT NO. 1549: Submitted by Russell C. Wendell, Jr., Pup 'n' Taco, requesting approval of revised plans in connection with a drive-up restaurant on CL zoned property located at the northeast corner of Ball Road and Knott Street. The City Planning Commission, by motion, determined the revised plans to be in substantial conformance with the original approval of Conditional Use Permit No. 1549, including reduction of the parking spaces from 27 to 24. 12. VARIANCE NO. 972 - TERMINATION: Submitted by Gary A. Hoover, General Manager, Equipment Dealer Division, Anthony Pools, requesting termination of Variance No. 972 which was approved by the City Planning Commission to estab- lish a swimming pool display office at 2040 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution No. PC75-166, terminated Variance No. 972. 13. VARIANCE NO. 2349 - APPROVAL OF USE: Submitted by David S. Collins, requesting approval of the use for property located at the southwest corner of Broadway and Adams Street (PepperTree Faire), for a proposed lunch room. The City Planning Commission by motion, approved the use as requested in conjunction with Variance No. 2349. 14. TENTATIVE TRACT NOS. 8775~ 8793~ 8795 AND 8796 - CONTINUATION: Owner, Brigham Young University. Property located north and west of the intersection of La Palma Avenue and Euclid Street. Tentative Tract Nos. 8775, 8793, 8795 and 8796 were continued to be con- sidered in conjunction with Environmental Impact Report Nos. 134 and 136 and Variance No. 2724, as recommended. 15. TENTATIVE TRACT NOS. 8513~ 8515 AND 8516 (REVISION NOS. 1) - CONTINUATION: Developer, S.I.R. Development Company. Property located southeast of Walnut Canyon Reservoir and northwest of the intersection of Serrano Avenue and Hidden Canyon Road. Tract Nos. 8513, 8515 and 8516, Revision Nos. 1, were continued to be con- sidered in conjunction with Environmental Impact Report No. 105, as recommended. MOTION CARRIED. RESOLUTION NO. 75R-437 - AWARD OF WORK ORDER NO. 754-A: In accordance with recommendations of the City Engineer, Councilman Pebley offered Resolution No. 75R-437 for adoption. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PRO- POSAL ~D AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISH- ING OF ALL PLANT, LABOR, SERVICES, MATERIALS ~D EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE 75-743 City Hall; Anaheim; California - COUNCIL MINUTES - August 12, 1975, 1:30 P.M. RAYMOND AVENUE STORM DRAIN Ib~ROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 754-A. (R. L. gerard Company - $12,781.00) 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-437 duly passed and adopted. PURCHASE OF MATERIAL - 336.4 ACSR WIRE: The Acting Assistant City Manager re- ported on informal bids received for the purchase of eighteen 50 inch reels of 336.4 ACSR wire and recommended acceptance of the low bid submitted by General Electric Supply Company. On motion by Councilman Thom, seconded by Councilman Pebley, the low bid of General Electric Supply Company was accepted and purchase aUthorized in the amount of $31,834.18, including tax and reel deposits. MOTION CARRIED. PURCIL~SE OF EQUIPMENT - POLICE VEHICLE: Mr. Griffith submitted recommendation from Mechanical Maintenance Division that one 1975 police sedan be purchased to replace a 1974 police unit which has been demolished and which was scheduled for replacement during the current budget year. Mr. Griffith reported that Santa Ana Dodge has a 1975 police sedan available for immediate delivery, which was inadvertently ordered as a two-door sedan for a purchase price of $3,919.94, including tax. He pointed out that this is a reduction from the $4,474.88 paid for other 1975 police units and that it is recommended for purchase by the Police Department as well. They intend to utilize the two-door sedan for helicopter crews transportation, thereby releasing their present 1974 four-door sedan to patrol duty. On motion by Councilman Thom, seconded by Councilman Pebley, the City Council authorized the purchase of one 1975 police sedan from Santa Ana Dodge in the amount of $3,919.94, including tax. MOTION CARRIED. REQUEST TO ADDRESS THE COUNCIL - ARKO EQUIPMENT COMPANY: Request of Mr. Joseph A. Koelzer, President, ARKO Equipment, Inc., to address the City Council regarding invoicing City of Anaheim Order No. F-09464, continued from the meeting of August 5, 1975, was presented for Council consideration. Mr. Koelzer, 2149 Niobe Avenue, Anaheim, summarized the situation as he reported it in his letter of May 15, 1975. Basically, he pointed out that during the period commencing November 16, 1973, when the City requested a quotation for a Pittman Hotstik with aerial device, through May 1975, when the chassis for said equipment was delivered, the utility equipment industry experienced some of the most unusal price increases in history. Mr. Koelzer advised that although his firm was able to purchase the basic unit Model H$-46MO from Pittman in December of 1973, for delivery in August of 1974, and thereby acquired this at $12,387, they were not so fortunate on the other equipment, i.e., the body, Wisconsin engine, compressor, hydraulic pump, valves, etc., all had to be purchased at increased prices. The compressor alone increased from the originally quoted $2,675 to $4,408, without any dealer markup. The total of all increases now amounts to $6,181.95 over the price quoted the City in November of 1973. ARKO Equipment Inc. has sustained a net loss on this approximate $21,000 item of $4,381. Therefore, Mr. Koelzer wished to request any relief in a reasonable amount which could be allowed by the Council, since they do feel that if the chassis, which was supplied by the City, were delivered within a reasonable period of time they could have delivered the complete unit at the price originally quoted. Councilman Thom noted that the only way a distributor can protect himself in a situation where he has quoted a firm price is to place his order for all components immediately, obviously in this instance the supplier waited until the City was ready with the chassis. Mr. Watts reported that in the correspondence relative to this order, there is a copy of the memorandum from the Purchasing Agent indicating that 75-744 City Hall, Anaheim, California - COUNCIL MINUTES - August 12, 1975, 1!30 P.M. both he and the Mechanical Maintenance Superintendent had requested ARKO Equipment Inc. to send the invoice for the equipment they were to supply prior to receiving the chassis. He further pointed out that similar situations occurred in purchases of circuit breakers and transformers for the 220 kV substation, but that the City held firm in its position that the City had ordered a piece of equipment at a quoted price and the supplier had to deliver it. Council discussion ensued during which, although individual Council Members expressed emphathy with the situation Mr. Koelzer has found himself in, they indicated that they could not afford any relief since it would place the City in the untenable position of having negated the bidding procedure through which the order was originally placed. ORDINANCE NO. 3453: Councilman Sneegas offered Ordinance No. 3453 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM Ab~NDING TITLE 18 OF THE ANA/tEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69 (72) - ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3453 duly passed and adopted. ORDINANCE NO. 3454: Councilman Pebley offered Ordinance No. 3454 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (74-75-16 - CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL b~MBERS: None The Mayor declared Ordinance No. 3454 duly passed and adopted. ORDINANCE NO. 3455: Councilwoman Kaywood offered Ordinance No. 3455 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM ~.~NDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-27 - CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Snee§as and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3455 duly passed and adopted. ORDINANCE NO. 3456: Councilman Sneegas offered Ordinance No. 3456 for adoption. Refer to Ordinance Book. AN ORDINA/~CE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-43 (4) - ML) Roll Call Vote: 75-7~5 City ttall, Anaheim~ California - COUNCIL MINUTES - Au~us.t 12~ 1975~ 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3456 duly passed and adopted. ORDINANCE NO. 3457: Councilman Seymour offered Ordinance No. 3457 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAt~IM MUNICIPAL CODE RELATING TO ZONING. (74-75-37 - RS-7200) CO-SPONSORSHIP - PACIFIC STATES B~D REVIEW: Councilman Seymour introduced Mr. Julius Dallman who presented a proposal for City of Anaheim co-sponsorship of the Second Annual Anaheim Pacific States Band Review scheduled at Anaheim Stadium November 15, 1975, 10:00 A.M. Submitted as part of the proposal was an estimated budget totaling $2,900. Mr. Dallman stated that the Stadium- Convention Center Director has requested that he include an additional $100 charge for cleaning but he had not done this as yet since they are anticipating that the participants would perform the clean up as they did last year. Mr. Dallman stated that other cities which host band reviews pay a cost for these events which runs as high as $20,000 to $22,000 because of the need for crowd control and barricading of streets. He further pointed out that this is an excellent community promotional event that he would consider as an investment for future income to the City. The City might also expect some income from Stadium parking revenues and through its percentage of the amount taken in by the concessionaire during the event. Councilman Pebley questioned the itemized expenses shown in the budget for judges and Mr. Dallman explained that the judges are usually high school and college band directors who are members of the Southern California Musical Association. The fees paid them usually are to cover travel expenses. Mayor Thom questioned whether the City Council might co-sponsor this event with some financial participation under the aegis of a community promotion event much like the annual Halloween Parade, to which Mr. Watts replied affirmatively but that he would prefer that Mr. Dallman submit specific bills for amounts to the City rather than receive an outright donation. Councilman Sneegas stated that while he would be agreeable to the co- sponsorship, he would not wish the City billed for such expenses as "Judges expense" but rather hard costs for the event. At the conclusion of Council discussion, on motion by Councilman Seymour, seconded by Councilman Pebley, the City Council authorized co-sponsorship of the Second Annual Anaheim Pacific States Band Review as a community promotional event with financial participation not to exceed $1,000 to be appropriated from the Council Contingency Fund; said organization to present bills for Stadium costs, liability insurance, printing expenses brochures, etc., and not for event judges expenses. MOTION CARRIED. NON-DESIGNATED PUBLIC RESTROOMS: Councilman Seymour referred to the recent publicity received regarding the Parks, Recreation and the Arts Department's proposal to construct non-designated public restrooms in two parks, otherwise referred to as "Unisex" restrooms. He stated he understood and agreed with the objectives to be accomplished from this proposal, i.e., reduction in costs; prevention of vandalism; and prevention against sexual assault, but if the citizens of Anaheim are not ready for the use of one restroom for both sexes, as evidenced by the large amount of negative public response received, then he felt the Council should not impose these facilities upon them. Councilman Seymour thereupon moved that the Park~, Recreation and the Arts Department be directed to provide the more traditional type of restroom facility by utilizing the same basic plan, but adding mOre stalls and designating these for male and female use. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mr. Collier advised that they have already rearranged their planning and will provide one extra stall at each unit and the facilities will be labeled 75-746 City tlall~ Anahelm~ California - COUNCIL MINUTES - August 12, 1975, 1~30 P.M. for men and women, the remaining two stalls will be equipped to accommodate the handicapped in wheelchairs. RECESS: Councilman Seymour moved to recess to 7;00 P.M. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (6:00 P.M.) AFTER RECESS: 7:00 P.M. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas (arrived at 7:15 P.M) and Thom ABSENT: COUNCIL MEMBERS: Pebley PRESENT; ACTING ASSISTANT CITY M3uNAGER: William Griffith CITY ATTORNEY: Alan R. Watts CITY CLERK: Aloha M. Hougard DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson Mayor Thom called the meeting to order at 7;00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 612 (READVERTISED); Application by American Baptist Churches of the Pacific Southwest for the following Code waivers to construct a church sanctuary and Sunday School classrooms on RS-A- 43,000 zoned property located on the north side of Orange Avenue, west of Euclid Street, was submitted together with application for exemption status from the requirement to prepare an environmental impact report: a. Minimum sideyard setback. b. Permitted encroachments into front yard. c. Maximum building height. d. Maximum sign area. (Withdrawn) The City Planning Commission, pursuant to Resolution No. PC75-125, recom- mended that the City Council declare subject project exempt from the require- ment to prepare an environmental impact report and granted said conditional use permit in part, waivers "a" and "b" having been eliminated and waiver "d" having been withdrawn, subject to the following conditions, and further recom- mended a one-year extension to the agreement between the American Baptist Churches of the Pacific Southwest and the City: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works, as stipulated to by the petitioner. 2. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That precise plans shall be submitted to the Planning Commission and/or City Council for approval, prior to the issuance of a building permit. 6. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 (Revision No. 1); provided, however, that development shall be in conformance with all site development and zoning standards of the underlying zone, with the exception of the maximum building height permitted under this conditional use permit. 7. That Condition Nos. 1, 3, 4, and 5, above-mentioned, shall be complied with prior to final building and zoning inspections. Review of action taken by the City Planning Commission was requested by Councilman Thom at the City Council meeting held July 15, 1975 and public hear- ing scheduled this date. Mr. Thompson reported that subject property is a rectangular parcel with a 98-foot frontage on the north side of Orange Avenue, and is contiguous to Chapparal Park. He described the surrounding land areas as predominately single-family residential. The church structure and day school proposed were originally approved under Conditional Use Permit No. 612 in 1964. On August 6, 1968, the City Council adopted Resolution No. 68R-485 to acquire property by eminent domain proceedings for park purposes (Chapparal Park). In connection with said proceedings, the City entered into an agreement with the American Baptist Churches of the Pacific Southwest which provided the City with ease- ments to park property and established that if by August 18, 1975, the church 75-747 City Hall, Anaheim, California - COUNCIL MINUTES - August 12, 1975~ 1~30 P.M. has abandoned their intent to erect the church and day school facility, the church is willing to sell the entire property, including that located within the easement, to the City for $30,000. Mr. Thompson explained'that the recently submitted proposal is sub- stantially different from the original proposal approved by the City Council in 1964. He indicated that the Development Services Department staff report outlines the differences in the two plans in detail. Basically, the current proposal shows a higher percentage of land coverage, more square footage in the structure itself; 18 additional feet within the church and 58 more parking spaces. The newer plans also require additional waivers from the Anaheim Municipal Code. Mr. Thompson reported that at the City Planning Commission hearing the applicant withdrew the requested waivers pertaining to sideyard setbacks and encroachment into the front yard. The applicant also stipulated at that time to holding signing to within the 20-square foot permitted. The City Planning Commission did grant one waiver pertaining to maximum building height because the adjacent land use to the west is a church and dwelling unit. The applicant stipulated to submission of precise plans for Planning Commission and/or City Council approval prior to issuance of a building permit. Councilman Seymour clarified that the only waiver now being requested by the applicant is truly a technical waiver relating to distance between the dwelling unit immediately to the west, on which property there is also an existing church. The Mayor asked if the applicant or his agent were present and wished to address the City Council. Reverend P. Moreno, 1715 West Crone Avenue, replied that he had no comments to offer at this time but was present to answer any questions. The Mayor asked if anyone else wished to address the Council either in favor or in opposition to Conditional Use Permit No. 612 as readvertised. Councilman Sneegas entered the Council Chamber. (7:15 P.M.) Mr. William Ehrle, 2211 East Romneya Drive, Anaheim, 92806, stated that he represented the property owners in the surrounding area and advised that at the City Planning Commission meeting a petition was presented containing 60 residents' signatures which indicates that there is some magnitude of interest in this proposed project. Mr. Ehrle stressed that the American Baptist Church membership is predominately Mexican-American and that he wished it clearly understood that the residents are not opposed to the construction of the church on the basis of the faith or race of the church membership. Mr. Ehrle referred to the agreement entered between the City and the church in-lieu of eminent domain proceedings and stated that although the church was small five years ago and perhaps not sure of their direction, it now apparently intends to expand since the proposed facility is larger. He noted that the impact of this growth would add to the congestion on surrounding streets. He cited that the Parks, Recreation and the Arts Department has increased their utilization of Chapparal Park and it is also being used more and more by Bobbysoxers and other organizations. Mr. Ehrle stated it would be their recommendation that the City Council negotiate an extension to the existing contract for a minimum period of six months. During this period it is hoped that suitable property could be found for the church at another location. He stated that this would be to the benefit of both the church and the City as well as the citizens in the neighborhood, inasmuch as the City could expand the park and the church could erect a larger facility elsewhere. Because of spiraling inflation it is also requested that the City Council consider negotiating a new proposal on the purchase of the land and give the church the present fair market value for same. It is further requested that the church agree not to construct on the property until the six-month time period has elapsed. 75-748 City Hal!l Anaheim! California - COUNCIL MINUTES - August 12, 1975, 1:30 P.M. Councilman Seymour questioned what would happen in the event the six-month period passes and the church has not found an acceptable piece of property. Mr. Ehrle stated that in that event, if the church desires to build they would erect the structure which they have recently proposed and modified to a smaller version. Councilman Seymour asked whether the adjacent property owners were willing to accept this resolution of the situation, should the church not be able to locate suitable property in the six-month period. Mr. Ehrle replied that in his opinion the homeowners do understand that there is no legal way the Council can stop the applicant from building on the property. Reverend Moreno stated that they have revised the building plan to a structure which will seat only 196 people, with 4,836-square feet, and have complied with all of the Code requirements; that they now propose only ! single-story structure. He advised that his church has been looking for another suitable building site since 1964 and even at that time an appropriate parcel was very expensive. In reply to Councilman Seymour, Mr. Moreno stated that he was agreeable to waiting six months to start construction of the church on subject property, since he wished to retain the friendship of the adjacent residents. He indicated, however, that he could not agree to wait an additional six months time after this period had elapsed if no alternative property is located. Councilman Thom questioned who would purchase the property on behalf of the church. Councilman Seymour stated that as the situation stands now, the church is forced, because of the cost of another site, to build on subject property and further forced to build, without any Code waivers, a facility which would be smaller than they would otherwise. The adjacent homeowners are requesting that the City Council give some additional time to locate another property. If another parcel can be found which is suitable and its price is equal to or less than what the City would be willing to pay for the current church property, then an exchange could be effected. Mr. Ehrle read an additional statement from the property owners indicating that they would still object to the smaller church building on the basis that there would be insufficient parking and because of the congestion it would generate on Orange Avenue; further, if an alternate site cannot be located for the church building in six months, they would request an additional six months after that. Mayor Thom pointed out that the City has a legal and binding agreement with the American Baptist Churches of the Pacific Southwest and if the City Council violates that agreement it would constitute a breach of contract for which the City could be held liable. Mr. Ehrle questioned whether the church plans would meet parking require- ments in the Code, to which Mr. Thompson replied affirmatively, and that a joint church and public park use of these spaces is contemplated which was a part of the original agreement. Reverend Moreno advised in answer to Councilwoman Kaywood that they could stay in their current facilities for an additional six months, although they are not large enough. Mayor Thom noted that Reverend Moreno is agreeable to the six-month exten- sion, and inquired of the City Attorney how the contract might be amended to provide for such extension. Mr. Watts disclosed for the record that he is a member of the First Baptist Church of Anaheim, which is also a member of the American Baptist Churches of the Pacific Southwest organization. He stated that he does not know Reverend Moreno nor is he a member of his church, but that their mutual churches are members of the same organization. As a matter of prudence, he 75-749 City Hall~ Anaheim~ Cal.ifornia - COUNCIL MINUTES - August 12, 1975, 1:30 P.M. wished to disclose this information, although he views it as neither a personal or financial conflict to his counseling on this case. Mr. Watts advised that if the City and the church wished to mutually amend the existing agreement to provide for a six-month continuance of the August 18, 1975 date, they could certainly do so. Mr. Ehrle questioned whether a stipulation would be made that the City will pay fair market value for the land. Mr. Watts stated that if both parties to the agreement wished to renegotiate, due to a different set of circumstances which now exist, this could be accomplished without any additional amount of funds agreed upon as a purchase price being considered a gift of public funds. Councilman Seymour stated in conjunction with the price of $30,000 which was agreed upon for subject property in 1968, that he feels subject property would be much better used for park purposes. If there is a way to find an alternative church site at a fair market value of $45,000, he would agree to that, but if the efforts to locate another property turned up a parcel with a price of $60,000, then he would have to say no to that proposal. With this clarification, he indicated he could see a potential resolution of the situation. The Mayor asked if anyone wished to address the Council. Mr. Garth Murphy, 1767 West Orange Avenue, stated that Mr. Ehrle was not speaking for him as a property owner who lives immediately adjacent to subject property. He stated that it is important that the Council realize not all of the property owners in that area are objecting to construction of the church. He remarked that although he might personally prefer that Chapparal Park be expanded and m~re green open space introduced into his neighborhood, he could not condone restricting a property owner from building something which has been planned for a long time. He further pointed out that the existing church on the adjacent property has a 5 foot or less easement permitted between it and residential structures, whereas the request in this case is to permit a setback of 15 feet between two churches. He concluded that it appears to him the church organization is going to great lengths to elicit approval of their application. Reverend Moreno inquired, if his application is approved at this time, whether he would have to return in six months for additional approval. Mayor Thom advised that the church could proceed with construction on subject prop- erty if an alternate for trade purposes has not been located at that time, simply by taking out building permits. Councilman Sneegas pointed out that Reverend Moreno's agreeing to this six-month extension will, however, cause the cost of church construction to be increased. He advised that he sits on the board of a church and he would not agree to this proposal unless someone were willing to pick up the difference in building costs incurred over the six-months delay because of inflation. Councilman Seymour stated that as he understands Reverend Moreno, they are not yet ready to build; that if his conditional use permit application is approved, he would then contact his engineer and architect to develop specific plans. Reverend Moreno advised that if it were entirely up to him he would pro- ceed with construction; that they are prepared to build at this time. Mayor Thom explained to Reverend Moreno that he could proceed either way he chooses at this point; if he wishes to remove his stipulation that he will wait six months to proceed with construction he may do so by demanding his rights under the contract to proceed with construction inunediately; or he could choose to agree to delay for six months the construction of the church building in the event that another suitable property could be located during that period of time. 75-750 City Hall, Anaheim, California - COUNCIL MINUTES - Augugt 12, 1975, 1130 P.M. Reverend Moreno indicated that he intends to exercise his rights under the contract and declared his intention to build according to his revised, smaller plans and within the City's site development standards. In response to Mr. Ehrle, Councilman Seymour noted that the agreement indicates that the church must abandon their intent to construct on this prop- erty and since exactly the opposite has been demonstrated by the church repre- sentatives, the City would have no way of enforcing their part of the bargain to purchase the property at $30,000. Mr. Ehrle responded that the homeowners feel they will, in the six-month period, make a sincere effort to find a suitable property and advised that he thinks this is close to coming about. He reiterated that if the church begins construction immediately everyone will lose; the church by constructing a smaller building; the City and citizens of the neighborhood by not being able to expand a park which is being used to capacity currently. Councilman Sneegas suggested that the Council permit Reverend Moreno and his church board to make the decision by going on record that the Council is interested in buying his property if they decide to build somewhere else and will pay as close as possible to the appraised price at that time. He stated that he would consider this a more equitable arrangement in that the church leaders would be able to make the decision as to whether they wished to build or to wait six months. b~yor Thom asked the City Attorney if it is necessary that his office be informed on August 18, 1975 of the church's intent to satisfy the contract agreement and Mr. Watts responded that the verbal notice of their intent to construct the building given at this public hearing would be sufficient notice but if there is a change in that position between this date and August 18, 1975, he would want to be notified of same. Mr. Blas Marron, 741 North Pauline Street, advised that he has been the treasurer for this church for many years and can attest to the statement that the membership is ready to build at this time. He questioned whether addi- tional approval would be necessary from the City Planning Commission or Council after this evening. Mr. Ronald Thompson advised that the City Planning Commission did impose a condition at their hearing, because of the very preliminary nature of the plans submitted at that time, that prior to issuance of a building permit the precise plans be submitted for City Planning Commission and/or City Council approval. The Mayor asked if anyone else wished to address the Council; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: (Conditional Use Permit No. 612 - Readvertised) On motion by Councilman Sneegas, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. Councilman Pebley absent. MOTION CARRIED. RESOLUTION NO. 75R-438: Councilman Seymour offered Resolution No. 75R-438 for adoption, granting Conditional Use Permit No. 612 as readvertised, subject to the recommendations of the City Planning Commission. Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 612. Roll Call Vote: AYES: COUNCIL MEMBERS; Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL b~MBERS: Pebley The Mayor declared Resolution No. 75R-438 duly passed and adopted. 75-751 City Hall~ Anaheim~ California - COUNCIL MINUTES - Au~us~ 12~ 1975~ 1:30 P.M. Councilman Seymour moved that the City Council adopt the position of being in favor of purchasing the property which is the subject of Conditional Use Permit No. 612, Readvertised, at the yet to be determined fair market value and at any time up to one year from August 18, 1975, if the American Baptist Churches of the Pacific Southwest locate another property which is suitable for their use and wish to dispose of said parcel. Councilman Sneegas seconded the motion. Councilman Pebley absent. MOTION CARRIED. Mayor Thom thanked the interested citizens in the audience for coming and related that he hoped they realized the Council's position in this matter; that because of the legal and binding agreement entered in 1968 by a previous City Council, the current City Council could not change the terms at this point; and that if the church changes their position on immediate construction, the City may still acquire the land for a park. ADJOURNMENT: Councilman Sneegas moved to adjourn to Thursday, August 14, 1975, 2:30 P.M. Councilman Seymour seconded the motion. CouncilmanPebley absent. MOTION CARRIED. Adjourned: 8: 05 P.M. Signed City Clgrk