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1982/07/27City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins ASSISTANT CITY CLERK: Leonora N. Sohl PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti ASSISTANT TO THE CITY MANAGER: James Armstrong FIRE CHIEF: Bob Simpson FIRE MARSHAL: Garth Menges TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Rick Gastil, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF APPRECIATION: A resolution of appreciation was unanimously adopted by the City Council and presented to Dr. Wayne Faust, Pastor, First Presbyterian Church of Anaheim, for sponsorship of the Anaheim Athletic Club for youth. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and authorized by the Council: "Ostomy Awareness Month" - August 1982. The proclamation was accepted by Mr. Bob Sabus. 156: MEDAL OF VALOR PRESENTATION: Acting Police Chief Jimmie Kennedy assisted Mayor Roth, on behalf of the Council and the City, in the presentation of the Medal of Valor to Police Officers Steven J. Corwin, Paul G. Gallagher, Richard W. Raulston, and James K. Wilkes, as a result of their meritorious actions in the City's fire disaster, which occurred on April 21, 1982. Captain Kennedy explained that prior to today, only two Medals of Valor had ever been awarded, and while there were many actions of heroism and bravery in the recent disaster, the four officers were singled out by their superiors and peers as those most deserving of the Medal of Valor. 659 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. VISIT OF JAPANESE STUDENTS PARTICIPATING IN THE CALIFORNIA HOMESTEAD PROGRAM: Mayor Roth recognized the Japanese students, who were in the Chamber audience, and asked them to stand; Mr. Tony Gabler, teacher at Sycamore Junior High School, explained that the students, 39 of them, were from the same all girls high school near Tokyo, Japan, and they were staying with families located around Sycamore Junior High School as part of the California Homestead Program. Mr. Gabler also introduced the two teachers and a tour guide who were traveling with the students, as well as two other teachers from Sycamore Junior High School. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver 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 ordinances or resolutions in regular order. Councilman Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,087,494.87, in accordance with the 1982-83 Budget, were approved. CONSENT CALENDAR ITEMS: The following items were offered for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda on motion, and by resolution, by Councilwoman Kaywood (refer to Resolution Book); Councilman Overholt seconded the motion: 1. 118: The following claims were filed against the City: Claims denied and referred to Risk Management: a. Claim submitted by State Farm Fire and Casualty Company, Carol Ann Vosler, Insured, for personal property loss and damages purportedly sustained at 2204 South Nautical Street, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. b. Claim submitted by State Farm Fire and Casualty Company, John and Patricia Sexton, Insured, for personal property loss and damages purportedly sustained at 1613 West Bail Road, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. c. Claim submitted by State Farm Fire and Casualty Company, Francis Yates, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, Apartment iD, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 66O City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. d. Claim submitted by State Farm Fire and Casualty Company, Donald and Linda Cooper, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, Apartment 25A, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. e. Claim submitted by State Farm Fire and Casualty Company, Palm Villa Apartments, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. f. Claim submitted by State Farm Fire and Casualty Company, Harry Guilbeau, Insured, for personal property loss and damages purportedly sustained at 954 Roberts Street, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. g. Claim submitted by State Farm Fire and Casualty Company, Louis and Joan Kolbo, Insured, for personal property loss and damages purportedly sustained at 1618 West Juno, Apartment #1, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. h. Claim submitted by State Farm Fire and Casualty Company, Peter and Linda Bruno, Insured, for personal property loss and damages purportedly sustained at 1718 Bowling, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. i. Claim submitted by State Farm Fire and Casualty Company, Esther Meyer, Insured, for personal property loss and damages purportedly sustained at 1645 Palm Lane, #29, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. j. Claim submitted by State Farm Fire and Casualty Company, Jerry and Carol Strassman, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, Apartment 15C, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. k. Claim submitted by State Farm Fire and Casualty Company, Benjamin and Margaret Clarke, Insured, for personal property loss and damages purportedly sustained at 1660 Palm Lane, Apartment 51, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 1. Claim submitted by State Farm Fire and Casualty Company, Stanley Dansreau, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, #5C, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. m. Claim submitted by State Farm Fire and Casualty Company, Rolland and Saeha Boepple, Insured, for personal property loss and damages purportedly sustained at 1619 West Ball Road, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. 661 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. n. Claim submitted by State Farm Fire and Casualty Company, Manuel and Mary Gallegos, Insured, for personal property loss and damages purportedly sustained at 1629 West Ball Road, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. o. Claim submitted by State Farm Fire and Casualty Company, Ethel Pottage, Insured, for personal property loss and damages purportedly sustained at 1645 Palm Lane, #27, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. p. Claim submitted by State Farm Fire and Casualty Company, David M. Schaal, Insured, for personal property loss and damages purportedly sustained at 1314 South Euclid, due to negligence on the part of City employees in connection with the fire which occurred on April 2i, 1982. q. Claim submitted by State Farm Fire and Casualty Company, William and Phyllis Leadford, Insured, for personal property loss and damages purportedly sustained at 1629 West Bail Road, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. r. Claim submitted by State Farm Fire and Casualty Company, Donald Sargent, Insured, for personal property loss and damages purportedly sustained at 1629 West Ball Road, Apartment 7, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. s. Claim submitted by State Farm Fire and Casualty Company, Henry and Karen Bartmess, Insured, for personal property loss and damages purportedly sustained at 1230 South Euclid, #27D, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. t. Claim submitted by State Farm Fire and Casualty Company, Bob and N. Reinfried, Insured, for personal property loss and damages purportedly sustained at 1612 West Palais Road, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. u. Claim submitted by State Farm Fire and Casualty Company, Murray and Pam Rothman, Insured, for personal property loss and damages purportedly sustained at 957 Hampstead, due to negligence on the part of City employees in connection with the fire which occurred on April 21, 1982. v. Claim submitted by Randall L. Ames for personal property damages purportedly sustained due to faulty rewiring by City electrician at 2863 West Ball Road, #210, on or about April 21, 1982. w. Claim submitted by Diane Regazzo for personal property loss and damages purportedly sustained due to a power outage at 2159 West Judith Lane, on or about April 21, 1982. 662 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. x. Claim submitted by Jimmy R. Hall for personal injuries purportedly sustained due to slip-and-fall accident at the Anaheim Stadium, on or about May 28, 1982. y. Claim submitted by Magnolia Bird Farm for personal property damages purportedly sustained due to lack of protection for traffic passing the golf course on Magnolia Avenue, on or about June 14, 1982. z. Claim submitted by California Auto Leasing, Inc., for vehicle lease payments plus material damage on vehicle purportedly sustained due to condition of car which was returned to claimant prior to expiration of a close end lease, on or about April 13, 1982. aa. Claim submitted by Santa Ana Valley Irrigation Company for personal damages purportedly sustained due to coercion and threats on the part of the City in regard to the development of claimant's property, on or about February 24, 1982, and May 26, 1982. bb. Claim submitted by Robert S. Mitchell for personal injuries purportedly sustained due to an accident involving a City-owned vehicle at the Anaheim Police Department Security Area, on or about April 10, 1982. cc. Claim submitted by Vernon Taylor for personal injuries and damages purportedly sustained due to an accident involving a City-owned vehicle on Alameda, just before the intersection with 48th Street, on or about May 20, 1982. dd. Claim submitted by Mary Young for personal injuries and damages purportedly sustained due to an accident involving a City-owned vehicle on Alameda, just before the intersection with 48th Street, on or about May 20, 1982. ee. Claim submitted by Clifton Blaylock for personal injuries and damages purportedly sustained due to an accident involving a City-owned vehicle on Alameda, just before the intersection with 48th Street, on or about May 20, 1982. Claim denied and referred to Bayly, Martin and Fay/San Antonio: ff. Claim submitted by Robert Cowan, individually and as Executor of the Estate of Magalene Cowan for personal injuries (wrongful death) purportedly sustained due to actions of an Anaheim Police Officer in the vicinity of Anaheim Memorial Hospital, on or about March 28, 1982. 2. The following correspondence was ordered received and filed: a. 105: Senior Citizen Commission--Minutes of June 10, 1982. 663 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. b. 175: Before the Public Utilities Commission, Application No. 82-07-10, in the matter of Southern California Edison Company for authority to maintain its presently effective Energy Cost Adjustment Billing Factors and Catalina Energy Cost Balance Adjustment Billing Factor. c. 175: Notice of Application, to the Public Utilities Commission, Southern California Gas Company and Pacific Lighting Gas Supply Company, for authorization to include purchase gas costs relating to the Pitas Point Offshore Project in the Purchase Gas Adjustment (PGA) procedure. 3. 164: Authorizing Change Order No. 1 to the contract with Changing Times Enterprises, Inc., in the amount of $3,913.03, for certain revisions to the Anaheim Boulevard/Broadway Street Storm Drain Improvements, Account No. 46-791-6325-E1270. 4. 123: Authorizing a second amendment to an agreement with Eric W. Gruver, Psychologist, to conduct psychological evaluations for police officer applicants, increasing the cost for any expert testimony required by the City to ~75 per hour, and extending the term through July 31, 1983. 5. 123: Authorizing an agreement with Robin Hill Development Company for reimbursement of an advance for special water facilities for a portion of Tract No. 10407 in the Anaheim Hills area. 6. 123: Authorizing a first amendment to the agreement with Datacom Systems Corporation, providing for processing and collection services of bail fines and assessments relating to parking citations, increasing the price per citation to 67~, and extending the term through June 30, 1983. 7. 123: Authorizing a letter of commitment and necessary lease documents to increase the loan amount with Security Pacific National Bank by $20,000 for lease-purchase acquisition of two Theme Tower signs at the AMTRAK station site. 8. 123: Authorizing an agreement with The Salvation Army to provide a gratis weight training program for Anaheim youth at their facility at 201 East Cypress Street. 9. 164: Authorizing an extension of 164 days to the contract for the construction of the Hidden Canyon Pumping Station (Account No. 51-619-7105-92180-32420) and assessing liquidated damages in the amount of $12,300 against Peter Kiewit Sons' Company, contractor. 10. 164: Authorizing an extension of 183 days to the contract for the construction of the Hidden Canyon Reservoir (Account No. 51-619-7105-92180-31200) and assessing liquidated damages in the amount of $14,118 against Peter Kiewit Sons' Company, contractor. 664 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 11. 164: Authorizing an extension of 120 days to the contract for the construction of the Two Million Gallon Reservoir at Lenain Filtration Plant (Account No. 53-631-6329-26500-34200) and assessing liquidated damages in the amount of $12,152.40 against Peter Kiewit Sons' Company, contractor. 12. 123: Authorizing the First Amendment to an agreement with Vista del Rio Rancho Water Company for provision of water, annexation and mutual release, providing for the extension of time by which property owners can pay the designated Primary Water Main Extension Fee. 169: RESOLUTION NO. 82R-387: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEbtENT, TO WIT: NEIGHBORHOOD PRESERVATION AREA NO. 1 STREET AND UTILITY IMPROVEMENTS, CLEMENTINE STREET., HELENA ST., CYPRESS ST., CHARTRES ST., IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-793-6325-E3510; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened August 26, 1982, 2:00 p.m.) RESOLUTION NO. 82R-388: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PATT STREET AREA STREET, WATER AND PARK IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-793-6325-E3490; 25-806-7103-06060; AND 25-806-7103-06160, FY 1981-82. (R. J. Noble Company, $219,821.16) 150: RESOLUTION NO. 82R-389: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE PIONEER PARK IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 16-830-7103-30020, 16-830-7103-30120 AND 24-830-7103-30110. (Sierra South Contractor, $112,654.84) 164: RESOLUTION NO. 82R-390: 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 A/~D WATER, AND THE PERFORM_~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: ANAHEIM BOULEVARD STORM DRAIN - ANAHEIM BOULEVARD AT BROADWAY IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-791-6325-E1270. (Changing Times Enterprises, Inc., contractor, and authorizing filing of the Notice of Completion therefor) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 82R-387 through 82R-390, both inclusive, duly passed and adopted. 665 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 139: AB 3283 (ROBINSON) AUTHORIZATION FOR VOTER CONSIDERATION OF A COUNTY-WIDE SALES TAX FOR TRANSPORTATION PURPOSES: City Manager William Talley briefed the Council on joint memorandum dated July 27, 1982, from the Planning Director and Intergovernmental Relations Officer, recommending the adoption of a favorable position on AB 3283 (Robinson), proposing up to a one percent sales tax to fund transportation projects, but with suggested amendments communicating that position to the Orange County Transportation Commission and the City's representatives in the State Legislature, particularly Senator John Seymour, member of the Senate Transportation Committee. Councilman Bay posed questions to Cindy Cave, Intergovernmental Relations Officer, for further clarification of the bill. Further, Ms. Nancy Cos-Fitzwater, staff to the Orange County Transportation Commission, explained that if the bill were to be passed by the legislature, it would become effective in January 1983; however, it would be a local decision of the OCTC as to when it might be placed on the ballot. Councilman Bay stated that he did not intend to vote for any bill, either the first step or the second step, to impose a new one percent sales tax on the County before he knew specifically who was going to control the revenue gain by such an added tax. Under the present conditions where the OCTC would be controlling the spending, he would never support that position, nor would he support the Board of Supervisors controlling those revenues. Until specific preallocation of those funds was specified and agreed to by the cities involved, he would not support any step leading to an additional one percent sales tax. MOTION: Councilwoman Kaywood moved to adopt a favorable position on AB 3283, Assemblyman Robinson's authorization for voter consideration of a County-wide sales tax for transportation purposes, with that position to be communicated in letter form to be signed by the Mayor to be sent to the Orange County Transportation Commission and the City'H representatives in the State Legislature, particularly Senator John Seymour, member of the Senate Transportation Committee. Councilman Bay voted no. MOTION CARRIED. 112: JOINT LEGAL ACTION AGAINST THE COUNTY OF ORANGE FOR THE IMPOSITION OF LAND FILL GATE FEES WITHOUT PUBLIC PROCESS: City Manager William Talley briefed report dated July 27, 1982, from the Intergovernmental Relations Officer, recommending approval of the subject joint legal action with other members of the Orange County League of California Cities. He also referred to the six-page report from the City Attorney dated July 21, 1982, discussing the legal aspects of the July 13, 1982, action of the Orange County Board of Supervisors in adopting a Solid Waste Management Gate Fee on the County's various landfills. City Attorney William Hopkins briefed the Council on his extensive report submitted as a result of the July 21, 1982, meeting held in his office attended by City Attorneys representing eight Orange County cities, and the Executive Director of the Orange County Division of the League of California 666 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Cities, where a number of determinations were made concerning legal actions that might be taken by the cities affected (see report dated July 21, 1982). In the final analysis, he was recommending that joint legal action be taken with that position to be discussed at the July 29, 1982, meeting of the League of Cities. MOTION: Councilman Bay moved that the City approve joint legal action with other Orange County Cities against the County of Orange for imposition of landfill gate fees without public process. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 114: AMENDING COUNCIL POLICY NO. 701 - SIDEWALKS AND PARKWAY TREES: Continued from the meetings of June 29 and July 13, 1982. Submitted was a report dated July 21, 1982, from the Facility Maintenance Superintendent John Roche with attachments, one being a proposed revised Council Policy relating to the subject. MOTION: Councilman Bay moved to approve Council Policy No. 701 as revised and submitted under memorandum dated July 21, 1982, from the Facility Maintenance Superintendent as follows. Councilman Overholt seconded the motion. MOTION CARRIED. "It is the policy of the City Council that the following procedures shall be followed relating to parkway trees and sidewalk repairs: 1. Damage to sidewalk, curb or gutter by tree located on private property. me Parkway Maintenance will determine if tree should be removed. If the tree should be removed, the owner will be required to remove the tree at the owner's expense. Facility Maintenance will repair damaged City facilities and the owner will be billed at $3.35 per square foot of 4-inch sidewalk and $3.65 per square foot of 6-inch sidewalk repaired. A flat rate of $65.00 per repair will be billed for tree root cut. 2. Damage to sidewalk, curb or gutter by tree located in parkway within public right of way. ae Parkway Maintenance will determine if tree can be replaced by another species which will not cause future damage to sidewalk, curb, or gutter. b. Property owner will be notified of City's intention to remove tree and replace it, if feasible as noted above. If property owner wishes City to retain the tree in the parkway, the property owner will be required to sign a covenant accepting responsibility for all future damage caused by the tree, as well as accepting liability for any injury caused by the tree. Said covenant will be recorded against the property, creating a permanent obligation against all future property owners. 667 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. d. City shall repair the initial damage to sidewalk, curb and gutters at City's cost. 164: Property owner requests to remove parkway tree which has not damaged sidewalk, curb, or gutter. a. Request will be made on approved form and submitted to the Parkway Maintenance Superintendent. b® Upon approval of the Parkway Maintenance Superintendent, property owner will remove tree and repair any damage to sidewalk, curb, or gutter caused by said tree removal." REQUEST TO GIVE HIGH PRIORITY TO THE LEMON STREET STORM DRAIN IMPROVEMENT: Mr. Bill Erickson, 301 East North Street, read his letter addressed to the Mayor, Council and staff, urging that the Lemon Street Storm Drain improvement listed as Number 7 on the priority list of expenditures in the 1982-83 Resource Allocation Plan not yet allocated, in the amount of ~250,000, be given a high priority by the Council when the priority list was again discussed (letter on file in the City Clerk's office). The Mayor thanked Mr. Erickson for his interest and assured him that his request would be considered. 127: PROPOSED CHARTER AMENDMENTS AND MEASURES FOR THE NOVEMBER 2, 1982, GENERAL ELECTION BALLOT: Continued from the meetings of June 29, July 6 and July 13, 1982 (see minutes those dates). Utility Measures: Councilman Bay offered Resolution No. 82R-394 for adoption, calling for a Special Municipal Election to be held in said City on November 2, 1982, for the purpose of submitting to the qualified voters of the City: Propositions to eliminate the present interest rate limit of 8% on certain Electric and Water Revenue Bonds heretofore authorized to be issued by the City and to authorize the City Council to establish the maximum interest rate on such bonds; and a proposition amending the Charter to provide for the issuance of Water and Electric Revenue Bond Anticipation Notes and Water and Electric Revenue Anticipation Notes. Refer to Resolution Book. RESOLUTION NO, 82R-394: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY: PROPOSITIONS TO ELIMINATE THE PRESENT INTEREST RATE LIMIT OF 8% ON CERTAIN ELECTRIC AND WATER REVENUE BONDS HERETOFORE AUTHORIZED TO BE ISSUED BY THE CITY AND TO AUTHORIZE THE CITY COUNCIL TO ESTABLISH THE MAXIMUM INTEREST RATE ON SUCH BONDS; AND A PROPOSITION AMENDING THE CHARTER OF THE CITY OF ANAHEIM TO PROVIDE FOR THE ISSUANCE OF WATER AND ELECTRIC REVENUE BOND ANTICIPATION NOTES AND WATER AND ELECTRIC REVENUE ANTICIPATION NOTES. 668 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Before a vote was taken, Councilwoman Kaywood expressed her concern over the ballot wording on Page Two of the proposed resolution, Section 2, (Electric Revenue Bonds), and Page Three, Section 4 (Water Revenue Bonds), that the wording might not be understandable to the average voter. She thereupon suggested amended wording, followed by discussion with the Public Utilities General Manager Gordon Hoyt, and other Council Members. At the conclusion of discussion, it was determined that the matter would be trailed until later in the meeting so that the proposed change in wording by Councilwoman Kaywood could be discussed with Bond Counsel. Later in the meeting (approximately 3:45 p.m.), Mr. Hoyt reported that he had spoken with Bond Counsel relative to the proposed revision, and the following was acceptable to them: that the wording of Sections 2 and 4 be revised to read, "in order to provide a more economical market for..." in place of "in order to improve the marketability and usefulness of..." The change was agreeable to Councilwoman Kaywood. A vote was then taken on the foregoing resolution by Councilman Bay, including the revised wording as stated. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution N6. 82R-394 duly passed and adopted. 127: GENERAL ELECTION DATE: Councilman Overholt offered Resolution No. 82R-391 for adoption, calling a Special Municipal Election to be held in said City on November 2, 1982, for the purpose of submitting to the qualified voters of the City, proposed Charter Amendments, changing the date of General Election t° November in even-numbered years. Refer to Resolution Book. RESOLUTION NO. 82R-391: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL PrJNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON ~AID DATE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-391 duly passed and adopted. 669 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 127: DATE AND TIME FOR BUDGET SUBMISSION: Councilman Pickler offered Resolution No. 82R-392 for adoption, calling a Special Municipal Election to be held in said City on November 2, 1982, for the purpose of submitting to the qualified voters of the City, proposed Charter Amendments, changing the date and time for budget submission to the City Council and that public hearing be held and testimony received within said period. Refer to Resolution Book. RESOLUTION NO. 82R-392: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY CHANGING THE DATES AND TIMES OF SUBMISSION OF THE BUDGET OF THE CITY OF ANAHEIM TO THE CITY COUNCIL AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth Bay None The ~yor declared Resolution No. 82R-392 duly passed and adopted. Mayor Roth asked that the Council be provided with a schedule relative to the time frame for writing arguments on the measures. 114: ESTABLISHING COUNCIL POLICY - LIAISON COMMITTEE ASSIGNMENTS: Councilman Bay moved to approve the new Policy entitled "Council Liaison Committees," effective date July 27, 1982, as set forth in the draft submitted by the City Clerk, as follows. Councilwoman Kaywood seconded the motion. "It is the policy of the City Council to establish Council Liaison Committees, comprised of no more than two City Council Members on each, to provide effective communication between various boards and commissions and assistance to the City Manager and appropriate staff in the implementation of high priority objectives, activities or special projects as determined by the City Council in their policy-making capacity. Determination of Liaison Committees and assignments will be made by the City Council, and Committee meetings held on an as-needed basis only. To ensure appropriate notice and reporting of a meeting, the following procedure shall be followed: 1. When a Liaison Committee meeting is called, the City Manager or Senior Staff Member involved will verbally advise the City Clerk of the date, time and place of the meeting. The City Clerk shall post this information on a "public information" calendar readily available in the City Clerk's office. Written confirmation of the scheduled meeting shall be forwarded to the City Clerk's office for distribution to the entire City Council and for filing. 670 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 2. At the following City Council meeting under the "Council Comments" portion of the agenda, the Council Liaison Committee Member shall report that a Committee meeting was held and give a very brief synopsis of the subject matter(s) discussed. 3. Within five working days following all Liaison Committee Meetings, the Senior Staff Member will prepare a written "outline" report and forward it to the City Clerk for distribution and filing. This report should contain a list of attendees, items discussed, and a name and phone number where additional information might be obtained. The City Clerk will distribute copies of the report to each City Council Member, the City Manager, and file the original in her records. Before a vote was taken, Councilman Overholt stated that Liaison Committees were not necessarily limited to high-priority objectives as stipulated on line five of the draft policy. After Council discussion, Councilman Bay amended his motion to delete the two words, "high priority" from line five. The amendment was agreeable to Councilwoman Kaywood in her second. A vote was then taken on the foregoing motion. MOTION CARRIED. 123: CANYON PLAZA SHOPPING CENTER - TEMPORARY ACCESS EXTENSION OF TIME: Mr. Harry S. Rinker requesting an additional six-month extension of time for a temporary access at Imperial Highway and Santa Ana Canyon Road. Submitted was a report from the City Engineer dated July 20, i982, recommending the extension of the driveway permit to Canyon Plaza Shopping Center from Imperial Highway, only if Mr. Rinker presented tangible evidence of pursuit of a solution for permanent access. Mayor Roth asked the Traffic Engineer if he had anything to add; Traffic Engineer Paul Singer stated the only reservation he had was that no attempt had been made toward a final solution of the access problem as was to have been provided by Mr. Pinker. Councilman Bay moved to extend the extension of time for a temporary access at Imperial Highway and Santa Ana Canyon Road thirty days, with a letter to be sent immediately to Mr. Pinker explaining the thirty-day extension, and that a report on hi~ (Rink~r'~) action r~lativ~ to a p~rmanent solution be forthcoming, as he had agreed to provide, and that it be ~ubmitted within the thirty-day extension period. Councilman Pickler seconded the motion. In answer to Councilman Overholt, City Attorney Hopkins explained that the Council extended the term for Mr. Pinker to give his progress report to the Council. It was due July 7, 1982, but it was not submitted. Last week, the Council waived the deadline and authorized Mr. Rinker to appear before them to give his report. In the agreement, if the Council did not feel that reasonable progress had been made, then the agreement would fail and that would end the matter. If the Council accepted the progress report, it would automatically be extended for six months. The thirty-day concept would involve some modification of the agreement. 671 City Hall, A~aheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Councilman Overholt stated if they continued the determination of whether or not the progress report was acceptable, that would accomplish Councilman Bay's intent; City Attorney Hopkins agreed. Councilman Bay thereupon amended his motion to the following: That the Council continue to wait for the progress report only for an additional thirty days. The amendment was agreeable to Councilman Pickier. A vote was then taken on the foregoing motion, as amended. MOTION CARRIED. Before concluding, Councilman Overholt stated if the report was not received as required, he was going to vote to close off the exit. Mayor Roth recommended that the City Clerk send a letter to Mr. Rinker immediately, as well as the other principals involved, specifically Mel Shantz, Katella Realty, owner of the property to the north of the subject shopping center. 181: ORANGE COUNTY HISTORICAL COMMISSION: Requesting the appointment of a representative to serve on the planning committee for the Seventh Annual State Historic Preservation Conference scheduled for the Spring of 1983, in Orange County (continued from the meeting of July 20, 1982). Councilwoman Kaywood moved to appoint Midge Taggart to serve on the planning committee for the Seventh Annual State Historic Preservation Conference. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Pickler, who had asked that the matter be continued one week, stated that he did check and found that all people concerned were favorable with the recommendation that the representative be Midge Taggart. A vote was then taken on the foregoing motion. MOTION CARRIED. 108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-25, LAMPPOST PIZZA: To consider an appeal filed by Robert G. Stiles, Lamppost Pizza, of the decision of the Planning Director denying an Amusement Arcade Application for Lamppost Pizza, 5765-G & -H, 5769-A Santa And Canyon Road, for 10 amusement devices. The Mayor asked to hear from the applicant or applicant's agent. Mr. Robert G. Stiles, 1737 East Katella, Orange, stated that he believed the initial decision to reject the Amusement Arcade Application was based on a concern by the tenants in the center as to his ability to police the games and how they could control the happenings inside the business. A petition was submitted in opposition to the games and subsequently, they contacted the tenants who, in turn, resubmitted a petition voiding the first one. They were now at peace with the merchants, who had no problems with him nor he with them. He, therefore, requested that the Council approve his application on that basis. Further, written into their lease were six paragraphs guiding the use of the games and if at any time there were problems, the games could be removed on a moment's notice. 672 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Councilman Bay noted from the petitions that what was originally 90 percent opposition was now 64 percent in favor. Mayor Roth stated some of the tenants spoke with him and they asked to be certain that bike racks were installed in front of the business; Mr. Stiles was agreeable and stated that was part of the agreement. The Mayor asked to hear from those present in opposition; no one was present. Councilwoman Kaywood asked if Mr. Stiles had any opposition to approval with a one year review; Mr. Stiles stated he had no problem with that. Councilwoman Kaywood moved to approve Amusement Arcade Application No. 82-25 for Lamppost Pizza, 5765-G & -H, 5769-A Santa Ana Canyon Road, for 10 amusement devices, for one year, with a review at that time. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt asked staff if they had approved other applications stipulating a time period; staff did not recall that they had done so. Councilman Overholt stated he was not going to support the motion with a time period, since he felt they would be creating hearings that might not be necessary, and thereby setting a precedent he did not wish to establish on such applications. Otherwise, he was in support of the motion of approval. Councilman Overholt asked the applicant if he would prefer not to be restricted; Mr. Stiles answered that by the time his business license had to be renewed, if they would like to review the situation at that point, he also had no problem with that. A vote was then taken on the foregoing motion. MOTION CARRIED. Before concluding, the Assistant City Clerk clarified for Councilman Overholt that the one-year review would be placed on the Council agenda, and Mr. Stiles would be informed accordingly. RECESS: Councilman Roth moved to recess. Councilman Pickier seconded the motion. MOTION CARRIED. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, ail Council Members being present. (3:15 p.m.) 179: CONTINUED PUBLIC HEARING--RECLASSIFICATION NO. 81-82-5, CONDITIONAL USE PERMIT NO. 2259 AND NEGATIVE DECLARATION: American National Properties, Inc., for a change in zone from RS-A-43,000 to C-R, to permit a five-story office building on property located at 2111 South Manchester Avenue (continued from the meetings of January 12, March 16, May 4 and July 6, 1982). 673 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC81-242, disapproved a negative declaration status on the status, and further, denied Reclassification No. 81-82-5 and Conditional Use Permit No. 2259. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled and continued from the meetings of January 12, March 16, May 4, and July 6, 1982, and continued to this date. The Assistant City Clerk announced that staff requested a continuance of consideration of the subject Reclassification, CUP and Negative Declaration until August 17, 1982, at 3:00 p.m. Councilman Pickler moved to continue consideration of Reclassification No. 81-82-5, CUP 2259 and Negative Declaration to August 17, 1982, at 3:00 p.m. Councilman Bay seconded the motion. Before a vote was taken, Annika Santalahti, Assistant Planning Director--Zoning, answered questions posed by Councilwoman Kaywood relative to the requested continuance. A vote was then taken on the foregoing motion. '.MOTION CARRIED. 129: PUBLIC HEARING - 1981-82 WEED ABATEMENT ROLL: To receive a report from the Fire Chief, dated July 2, 1982, with attachment, on the cost of abatement of weeds for each individual lot where work was performed under the 1981-82 Weed Abatement Program and to hear any objections from property owners liable to be assessed for the abatement. The Mayor asked if anyone was present to speak to the 1981-82 Weed Abatement Roll and specifically, if there were any objections regarding same; there being no response, he closed the public hearing. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, it was determined that there were no objections from property owners liable to be assessed for the abatement of weeds for 1981-82. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 82R-393 for adoption, confirming the report of the Fire Chief and authorizing the County Auditor to enter each assessment on County tax rolls. Refer to Resolution Book. RESOLUTION NO. 82R-393: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-393 duly passed and adopted. 674 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 130: PUBLIC HEARING - TO AMEND ORDINANCE NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICE: Storer Cable T.V. requesting amendment of Ordinance No. 4087 granting Storer Cable T.V., Inc., the nonexclusive right, privilege and franchise for the installation and operation of a cable television com- munication system, modifying their configurations and converter rates, and relocating their "headend" site (central receiving point) to 3003 East Miraloma Avenue. Mayor Roth asked if a representative from Storer Cable T.V. was present. Mr. Mike Earehart, Storer Cable T.V., was present to answer any questions. Mayor Roth asked to hear from those who wished to speak to the proposed ordinance; there being no response or questions posed to Mr. Earehart, he closed the public hearing. Councilwoman Kaywood offered Ordinance No. 4353 for first reading. ORDINANCE NO. 4353: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 4087 PERTAINING TO CABLE COMMUNICATION SERVICE IN THE CITY OF ANAHEIM. 179: ORDINANCE NOS. 4350 AND 4351: Councilman Overholt offered Ordinance Nos. 4350 and 4351 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4350: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(101), CR) ORDINANCE NO. 4351: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-38, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance Nos. 4350 and 4351 duly passed and adopted. 114: ORDINANCE NO. 4352 - CHANGING THE STARTING TIME OF COUNCIL MEETINGS TO 10:00 A.M.: Amending ~ubsectlon 1.12.010.010, changing tha ~tarting tim~ of Council Meetings to 10:00 A.M. each Tuesday. Councilman Roth offered Ordinance No. 4352 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4352: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 1.12.010 OF CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PROCEDURES. (Council meetings to be held each Tuesday at 10:00 a.m.) 675 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Before a vote was taken, Councilwoman Kaywood spoke against the ordinance. She felt they needed a couple of month's experience as to how long the meetings lasted and what could be done to improve the flow without affecting the staff and the public. Councilman Overholt stated he was going to vote against the ordinance. It was first introduced one week after a late evening meeting which, in his opinion, was an exceptional meeting in terms of potential for lengthiness. He had confidence that if they retained the present Council meeting time, the meetings would be such that they would be finished at a reasonable hour. If they allowed a whole day, it was his feeling that they would take the whole day. If they kept to the present meeting time, they would be urged to be effective and efficient, not being restrictive of the public's opportunity to be heard, but to keep their formal activities within the bounds of reason. After further discussion on the matter between Council Members, Councilman Overholt asked if the ordinance should pass, and after a period of time they found that by commencing at the earlier starting time they were finished with their meetings at mid-day, would the Mayor consider an ordinance again reverting to the 1:30 p.m. starting time. Mayor Roth answered "yes" and he would commit to that; Councilman Pickler also assured Councilman Overholt that he, too, would be agreeable to reverting to the 1:30 p.m. starting time. Councilwoman Kaywood moved to table the matter for six months to give an opportunity to ascertain their experience relative to length of meetings. motion died for lack of a second. The City Manager Talley asked for clarification relative to specific starting times; Mayor Roth stated that at 9:30 a.m., the Redevelopment Agency meeting would start, followed by the Housing Authority Meeting. The Council meeting would start at 10:00 a.m., at which time the City Manager Departmental Staff items would be considered, followed by Closed Sessions, if any. They would then reconvene at 1:30 p.m. for public hearings and any additional items. A roll call vote was then taken on the foregoing ordinance. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler, Bay and Roth Kaywood and Overholt None The Mayor declared Ordinance No. 4352 duly passed and adopted. 170: URGENCY ORDINANCE NO. 4354: Amending Sections 17.08.070 and 17.08.071 relating to subdivisions, parcel maps, declaring the urgency thereof and that this ordinance shall take effect immediately. 676 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. City Attorney Hopkins briefed the Council on his memorandum dated July 19, 1982, recommending the adoption of both an urgency and regular ordinance, amending the subject sections of the Anaheim Municipal Code. His office had recently discovered a technical discrepancy between the requirements of the Subdivision Map Act and the City's Subdivision Ordinance. The amendment would bring their ordinance into conformity with the language of the State law. He then read the proposed ordinance in its entirety. Councilman Bay offered Ordinance No. 4354 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4354: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.08.070 AND 17.08.071 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IPhMEDIATELY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4354 duly passed and adopted. Councilman Bay offered Ordinance No. 4355 for first reading. ORDINANCE NO. 4355: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.08.070 AND 17.08.071 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (parcel maps) 114: PROPOSED COUNCIL POLICY ON DRAFTING OF ORDINANCES REQUESTED BY COUNCIL MEMBERS: Councilman Overholt again broached the subject and asked that the Council consider a policy that in the event a Council Member would like to have the City Attorney's office prepare an ordinance on a given subject, that the Council Member bring it before the Council, and that the Council direct the City Attorney to prepare the ordinance without commitment to a vote, one way or the other. He thereupon offered the foregoing as a motion. Councilman Pickler seconded the motion. Before a vote was taken~ Mayor Roth stated that he was opposed because (1) to tie the hands of any Council Member would set a dangerous precedent~ especially in emergency situations and (2) the City Attorney worked for the Council, not only in concert, but individually. Any elected official had the right to ask the City Attorney to do something and he saw no problem with that. Councilman Bay suggested rather than setting a new policy that would require three votes to even initiate an ordinance, that a Council Policy be set stating if a single Council Person wanted to instruct the City Attorney to create or amend an ordinance, that he do so only in a public session, but still have the right to do so as a Council Member. 677 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. Councilman Bay offered the foregoing plan as a substitute motion; Councilman Overholt interjected and asked that he be given an opportunity to amend his motion to include Councilman Bay's suggestion, the spirit being that in the event of emergency situations, the Council would have the power to waive the requirements. Councilman Overholt thereupon amended his motion as follows: That a Council Policy be established that all requests for the drafting of ordinances by the City Attorney shall be made by a Council Member at a Council meeting. Councilman Pickler was agreeable to the amendment in his second. Councilman Roth voted "no." MOTION CARRIED. City Attorney Hopkins clarified for Councilman Overholt that the policy could be waived or eliminated by a majority vote of the Council at any time. The City Clerk was directed to draft a policy, as articulated, for Council approval. 181: CIVIC CENTER SCULPTURE: Councilman Bay referred to report dated July 21, 1982, from the Deputy City Manager, James Ruth, in answer to Council inquiry regarding the Civic Center Sculpture. He also reviewed the contract the City had with the sculptor, Lloyd Hamrol. He (Bay) took exception to the first sentence of the second paragraph of the report, "Staff interprets the limitations spelled out in that paragraph (Paragraph C, Page Two of the contract) to be what the City is financially responsible for, and is not meant to be a limit on the size or configuration of the sculpture." He was concerned about that interpretation, because when the contract was approved by the Council, it was his understanding that the specific 500-square foot requirement on the reinforced footings would not exceed 500 square feet. It was his intent that that be a limitation on the overall area, the area taken up in front of City Hall. He was now reading that was not necessarily the interpretation, and maintained that it must be clarified one way or the other. Mrs. Eileen Anthony, Immediate Past President of the Anaheim Arts Council, who was present in the Chambers audience, stated she did not know the size of the sculpture, although it was her interpretation that there was some limitation on the size, since it was discussed at board meetings. It was then determined by a general consensus of the Council that the matter be continued for two weeks in order to again review the contract and to answer Councilman Bay's concern. Later in the meeting, however, the City Attorney, having reviewed the contract through his office, gave his interpretation relative to limitations as stated in the contract as follows--excavation shall not exceed 60 cubic yards of soil and reinforced footing shall not exceed 500 square feet. Councilman Bay stated that his concern had been answered and there was no need to again discuss the matter in two weeks. 678 City Hall, Anaheim, California - COUNCIL MINUTES - July 27, 1982, 1:30 P.M. 114: LIAISON MEETINGS REPORT: Mayor Roth reported on his attendance at the following liaison meetings: (1) Anaheim Stadium Contiguous Area--Friday, July 23, 1982, at 3:30 p.m. Discussion took place relative to the development of perimeter properties around Anaheim Stadium and a briefing given. (2) Intergovernmental Relations--Monday July 26, 1982, at 9:00 a.m., to review gate fees and transportation issues wherein it was recommended that the Council take action, and that action to be reported at the Thursday, July 29, 1982 meeting of the Orange County League of Cities. 156: SUPPORT OF SB 341: Councilwoman Kaywood referred to a resolution by the City of Orange supporting SB 341, prohibiting the possession for sale and/or distribution of drug paraphernalia. She thereupon directed the City Attorney to prepare a similar resolution to be submitted for Council approval in one week. RECESS: Councilman Roth moved to recess to 7:30 p.m. at the Brookhurst Community Center, 2271 West Crescent. Councilman Bay seconded the motion. MOTION CARRIED. (4:22 p.m.) AFTER RECESS: The Mayor called the meeting to order at the Brookhurst Community Center, all Council Members being present. (7:30 p.m.) PRESENT: AB SENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins ASSISTANT CITY CLERK: Leonora N. Sohl 129: CONTINUED PUBLIC HEARING - BAN ON FIREWORKS: To discuss setting forth an advisory proposal concerning the sale, use and discharge of "safe and sane" fireworks in the City in connection with the 4th of July, to be voted upon at the General Election to be held November 2, 1982 (continued from the meeting of July 13, 1982). Mayor Roth first welcomed all those in attendance (approximately 60 people) and then explained the order of the meeting, the opponents to be heard first, followed by testimony from the proponents, which was a reversal of the order at the meeting of July 13, 1982. The following people spoke in oppo~ition to the banning of fireworks, giving their reasons, and also expressing their opposition to placing the subject issue on the November 2, 1982, Ceneral Election Ballot. A major point of contention was that illegal fireworks, not safe and sane, caused the majority of the problems, and further, the selling of safe and sane fireworks was amongst the largest source of revenue that the non-profit organizations raised for charitable purposes, which revenue would be lost should safe and sane fireworks be banned: 679 Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982~ 7:30 P.M. Jim Cason, 1661 West Palais, Anaheim; David Zimmerman, 1423 Stella, Anaheim; B'nai B'rith; Harry Baum, 10712 Kadge, Garden Grove, past president of the Anaheim Covenant Lodge of B'nai B'rith (Mr. Baum submitted petitions containing signatures of those who favored the continued sale and use of legal fireworks in the City and that the question not be placed on the November Ballot); Jessie Baum, 10712 Kadge, Garden Grove; Claire Brown, 720 South Sherrill; LeRoy Luraschi, 6401 West Lincoln, Buena Park, representing the Anaheim Christian Assembly, 121 Cypress, Anaheim (Mr. Luraschi also read, and subsequently submitted a letter dated July 13, 1982, from his pastor, G. W. Honn, favoring the continued sales of safe and sane fireworks for fund-raising purposes for non-profit organizations); Helene Yamron, 2032 Chateau Avenue, Anaheim, representing herself and the Ana-Grove B'nai B'rith women; A1 Hole, 2568 Woodland, Anaheim, Fire and Safety Consultant to Red Devil and Wildcat fireworks. The following people spoke in favor of banning fireworks, and they were also in favor of placing the issue on the November 2, 1982, ballot. Many relayed incidents of bodily injury and fires caused by both safe and sane and illegal fireworks, the latter involving mostly bottle rockets: David Vill, 2242 Della Lane, Anaheim; Dawn Johnson, 616 North Olive, Apartment C, Anaheim (later in the meeting, submitted a card with names of those people who wanted to attend but were unable to do so); Archie E. Shaffer, 319 Ramona Court, Anaheim; David Vill, Jr., 2242 Della Lane, Anaheim; Edith Hasse, 730 North Lemon, Apartment C, Anaheim; Kris Tempas, 1213 North Citron, Anaheim (Mrs. Tempas submitted three photos of three palm trees which were reported to the Fire Department as being hazardous, and subsequently, was set on fire July 4, 1982, by fireworks); Irene Kish, 2107 West Chateau, Anaheim; Laurie Morgan, 1740 Woodwind Lane, Anaheim; Leonard Knight, 1211 South Sunburst, Apartment D, Anaheim; Pat Lindgren (no address given); Arlene Saylor, 1869 Flippen Drive, Anaheim. At the conclusion of testimony and questioning of many of the speakers by the Council, Fire Chief Bob Simpson then briefed the Council on the sequence of events involving Dawn Johnson and her ultimate gathering of approximately 7,000 signatures of those people ih the City of Anaheim in favor of banning fireworks, except for public displays. Philosophically, as a firefighter, he was diametrically opposed to fireworks or any other sources of ignition. Before concluding, he made reference to one statement that was made by Mr. Hole, that, in his opinion (Hole's) banning safe and sane fireworks increased the fire hazard in the community, and he had never seen statistics to support that. He recommended that the Council ban all fireworks in Anaheim. Questions were then posed to Chief Simpson by Council Members, at the conclusion of which, the Mayor closed the public hearing and then asked to hear from the Council. 680 Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982, 7:30 P.M. MOTION: Councilwoman Kaywood stated that they had discussed the issue in every way, and if the Council did not want to come to grips with it and pass or not pass an ordinance banning fireworks, the second thing to do was to give the people of Anaheim an opportunity to vote on the issue. She thereupon moved that the following advisory issue be placed on the November 2, 1982, General Election Ballot, to be voted upon by the citizens of Anaheim: Should the sale, use and discharge of "safe and sane" fireworks be prohibited in the City of Anaheim other than public displays for which a permit is obtained by the City Council, with final ballot wording to be ready in one week. Councilman Bay seconded the motion. Before a vote was taken, Councilman Pickler felt that the sale of safe and sane fireworks by various organizations was an important source of income, the proceeds of which went to help other people. Further, it was going to be costly to place the issue on the ballot, and perhaps those funds could be used elsewhere to give the people an education relative to the difference between safe and sane and illegal fireworks. Councilwoman Kaywood interjected and stated that the City already had ballot issues that were going to be placed on the November 2, 1982 ballot and thus, there would be no additional cost, or a very slight cost, to add another issue. She did not think any reasonable Council Member could object to putting the question on the ballot and letting the people of Anaheim have their say. Councilman Overholt then questioned the Assistant City Clerk relative to how many signatures were required for an initiative; Assistant City Clerk Leonora Sohl answered it would take 15 percent of the total number of registered voters and there were approximately 110,000 in the City, or approximately 16,500 signatures. She also clarified that Mrs. Johnson could not use the signatures already gathered. Councilman Bay stated what they heard primarily in both long public hearings on the matter, were the pros and cons of safe and sane fireworks versus illegal fireworks; however, the principal issue for the Council to decide was what it would take for the Council to simply put a question on the ballot for the people to make a decision. He could see no other more clear-cut issue that should go on the ballot than this one, and he felt it critical that they answer the question just posed. To him~ the Council would be totally unresponsive to the requests of the people if they failed to put the issue on the ballot, regardless of which side of the argument they were on. The Council had received a mandate--the issue must go on the ballot, and it must go on the ballot in November. Councilman Overholt stated he had not heard much that indicated that the fireworks problem was anything other than the control of illegals in the City, bottle rockets in particular. He questioned, therefore, why safe and sane fireworks should be banned. He felt that the Council could make a decision 681 Brookhurst Community Center - COUNCIL MINUTES - July 27, 1982, 7:30 P.M. and should do so, and that the matter did not have to be put to the people. He was not convinced that the issue was as big of an issue as Councilwoman Kaywood and Councilman Bay would have it sound. He was not going to support the motion, although they might look at the City's present ordinance, but it was not an issue that should be put to the people at this time. Mayor Roth stated since they started talking about the banning of safe and sane fireworks, he was concerned relative to the additional impact of illegal fireworks coming into the community. An expert had stated the impact would be greater; however, that statement was countered by the Fire Chief. It was also reported that statistics gathered by the Los Angeles County Chapter of California Fire Chief's Association in 1981 indicated that approximately 93 percent of the fires, and more than 99 percent of the fire loss from June 13 to July 13, 1981, was a result of illegal fireworks. There were also comments made tonight that lack of parental control was a factor when dealing with fireworks. There were good arguments and bad arguments on both sides. Mayor Roth then called for a roll call vote on the motion by Councilwoman Kaywood to place the issue on the ballot. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay Pickler, Overholt and Roth None The motion failed to carry. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (10:46 p.m.) LINDA D. ROBERTS, CITY CLERK BY Assistant City Clerk 682