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1982/11/16City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESEt: ~SE~: PRESENT: COUNCIL M~BERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL M~MBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Norman J. Priest CITY ENGINEER: William Devitt ASSISTANT FIRE CHIEF: Ronald Evans ASSISTANT PLANNING DIRECTOR--ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A Moment of Silence was observed in lieu of the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was authorized by the City Council: Great American Smokeout Day in Anaheim, November 18, 1982 119: INTRODUCTION OF WINNERS OF THE THIRD ANNUAL BICYCLE RODEO: Mayor Roth welcomed those members of the Anaheim Bicycle Rodeo Committee who were present, as well as all of the winners of the Third Annual Bicycle Rodeo held October 16, 1982. Mr. Lon Hurwitz, member of the Anaheim Bicycle Rodeo Committee, and Secretary/Treasurer of the Anaheim Host Lions Club, assisted the Mayor in presenting the award trophies to the winners, whose names and schools were announced by City Clerk Linda Roberts. The Mayor and Council Members personally congratulated all winners in the various categories. 119/153: RESOLUTIONS OF C(1MMENDATION: Resolutions of Commendation were unanimously adopted by the City Council for presentation to Mr. Randy Collins and Mr. Gil Travis for risking their lives to save Merrill McFarland who they pulled from a burning truck on the Riverside Freeway. Mr. Collins accepted the resolution ~rom Mayor Don Roth on behal~ o£ the Council and the City. Mr. Travis was unable to be present. Assistant Fire Chief Ron Evans also presented two certificates of appreciation on behalf of the Anaheim Firemen's Association, commending both Messrs. Collins and Travis for their heroic actions. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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 991 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,928,929.90, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARI!MENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 82R-551, 82R-552 and 82R-554 for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Angus Inn for property damages purportedly sustained due to a low voltage problem at 940 South Brookhurst Street, on or about August 6 and September 9, 1982. 2. Claim submitted by Shari McRae for personal injuries purportedly sustained due to a concrete traffic pylon falling on claimant's foot at Anaheim Stadium, on or about July 10, 1982. 3. Claim submitted by Harold W. Lang for personal property damages to car purportedly sustained due to Stadium employee parking lot having been freshly tarred, on or about August 14, 1982. 4. Claim submitted by Michael Petritz for personal injuries purportedly sustained due to an accident caused by negligence in operating, maintaining, repairing and designing roadway at the eastbound off-ramp of the Riverside Freeway at Santa Ana Canyon Road, on or about July 4, 1982. 5. Claim submitted by Corrine J. O'Brien for personal injuries purportedly sustained due to a slip-and-fall accident caused by debris left on City sidewalk on Anaheim Boulevard at Wilhelmina, on or about July 12, 1982. 6. Claim submitted by Starlight Travel Service for personal property damages purportedly sustained due to a surge of electricity damaging personally-owned phone equipment at 1047 North State College Boulevard, on or about July 23, 1982. B. Claims denied and referred to Governmental Programs Division, Markel Services, Inc. 992 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. 7. Claim submitted by Todd Schneider for personal injuries purportedly sustained due to an incident at Anaheim Stadium in which claimant suffered a severe trauma to his head and nervous system because of circumstances not yet fully known to claimant, allegedly caused by acts and omissions of the City of Anaheim, its employees and its ex-officio employees, on or about July 17, 1982. 8. Claim submitted by Hal Wanier Smith for false arrest purportedly sustained due to an incident at Anaheim Stadium, on or about July 17, 1982. The following correspondence was ordered received and filed. a. 107: Planning Department, Building Division--Monthly Report for October 1982. b. 156: Police Department--Monthly Report for September 1982 and Third Quarter Crime Analysis, 1982. Co 105: Youth Commission--Minutes of October 13, 1982. 3. 160: Authorizing a change order to Purchase Order 19750-M issued to Western Counties Maintenance Co., Inc., in the amount of ~6,250, to include the Fire Training Facility, 2400 East Orangewood Avenue, in the janitorial services contract for 25 other City facilities for a term of one year, as authorized under Bid No. 3892. 4. 160: Accepting the bid of Tennant Company in the amount of ~37,426.48 for one self-propelled scrubbing machine in accordance with Bid No. 3909. 5. 160: Accepting the bid of Cushman Motor Sales, Inc., in the amount of ~75,368.23 for eight turf trucks and three refuse vehicles in accordance with Bid No. 3916. 6. 160: Accepting the bid of Hardin Oldsmobile in the amount of $11,825.61 for one 1983 Oldsmobile Ciera Brougham in accordance with Bid No. 3920. 7. 160: Accepting the bids of Westinghouse Electric Corp., in the amount of ~18,444 for three each 225KVA three-phase padmount transformers, Item No. 1; and McGraw-Edison in the amount of $21,002.84 for two each 750KVA three-phase padmount transformers, Item Noo 2, in accordance with Bid No. 3914. 8. 107/174 (CDBG): RESOLUTION NO. 82R-551: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFOM~ING ALL WORK NECESSARY TO CONSTRUCT AND CCMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: D~OLITION AND SITE CLEARANCE FOR WORK TO BE DONE AT 225 EAST LA PAIMA STREET, IN THE CITY OF ANAHEIM, CONTRACT NO. BG82-2, ACCOUNT NO. 25-214-6640. (Hintz Wrecking Company, Inc., ~1,900) 993 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. 9. 129: Approving an application for a Public Fireworks Display Permit submitted by Pyro Spectaculars, on behalf of Cal State Long Beach - 49er Athletic Foundation, to discharge fireworks at Anaheim Stadium, November 20, 1982, at approximately 8:30 p.m., in accordance with the recommendations of the Fire Chief and Fire Marshal. 10. 153/174: Authorizing the Mayor to execute a letter to the State CETA office requesting designation of Anaheim as a Service Delivery Area under the Job Training Partnership Act. 11. 169: RESOLUTION NO. 82R-552: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE GROVE STREET STREET IMPROVEMENT, E/O GROVE STREET, S/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-792-6325-E2820. (American Construction, $8,909) 12. 158: RESOLUTION NO. 82R-554: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Crow Anaheim; Barcelona Ltd.; John F. Bozek, et al.; Automobile Club of Southern California) 13. 123: Authorizing the First Amendment to the Amended and Restated Lease Agreement with Golden West Baseball Company in connection with the maintenance of the playing field at Anaheim Stadium, and authorizing an agreement with Golden West Baseball Company to implement the transfer of the four California Angels grounds crew employees to City employment, effective November 22, 1982. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None MOTION CAllRIED. The Mayor declared Resolution Nos. 82R-551, 82R-552 and 82R-554 duly passed and adopted. 174 (CDBG): CHANGE IN CCMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MULTI-FAMILY LOW INTEREST LOAN PROGRAM - RENTAL REHABILITATION PROGRAM DEMONSTRATION: Submitted was a report dated November 5, 1982, from the Executive Director of Community Development, Norman Priest, recommending the apprpval of a change in the subject program. Both the Executive Director of Community Development and Housing Manager Lisa Stipkovich answered questions posed by Council Members Kaywood and Bay for purposes of clarification. MOTION: Councilman Bay moved to approve a change in the CDBG Multi-Family Low Interest Loan Program for the Rental Rehabilitation Program Demonstration, waiving the covenant placing rent limitations on said projects, as recommended in report dated November 5, 1982. Councilman Roth seconded the motion. MOTION CARRIED. 994 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. 169: TERMINATING AND RESCINDING AN AGREEMENT WITH FIVE STATES PLUMBING~ INC./JAMES I. LANGFORD FOR THE LA PAIMA AVENUE SEWER: Submitted was a report from the City Engineer, William Devitt, dated November 5, 1982, recommending that the subject agreement be terminated (Account No. 43-790-6325-E0420), as well as the termination and cancellation of all bonds posted therewith. Councilwoman Kaywood asked, since the City was not at fault relative to the situation as explained in report dated November 5, 1982, if a future bid was received at a higher price, would the developer be responsible for the higher price. City Engineer William Devitt answered that they were advising the developer that he may have that responsibility, but at this point in time, he did not believe they could advise him that he would be required to pay thedifference if there was a difference. Councilman Roth offered Resolution No. 82R-553 for adoption. Refer to Resolution Book. RESOLUTION NO. 82R-553: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO THE TERMINATION AND RESCISSION OF AN AGREEMENT FOR PUBLIC WORK. (Five States Plumbing, Inc./James I. Langford, for the La Palma Avenue Sewer, east of Weir Canyon Road, Account No. 43-790-6325-E0420) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~4BERS: COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-553 duly passed and adopted. 108: TRANSIENT OCCUPANCY TAX ORDINANCE: Submitted was a report dated November 15, 1982, from the License Collector, Cordelia Short, giving historical data on the Transient Occupancy Tax and a report dated November 15, 1982, from the City Attorney, discussing the ramifications of amending the Transient Occupancy Tax to include the imposition of interest on penalties assessed and the waiver of penalties in appropriate cases. City Attorney William Hopkins referred to his report, specifically noting that after reviewing the subject ordinance, it was determined that the addition of interest through a penalty would pose a problem to the owners and operators of small hotels and motels and, further, would require a considerable review of the forms and computer programs used at present. They had prepared an amendment to the ordinance (attached to the report) which would permit the Council to hold a hearing on an appeal, and to waive the penalty in cases where the Council felt and made a finding that the penalty was unjustified. 995 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Councilman Overholt stated it was not to impose interest on penalties, but on payments not made on time, so that there would be consideration for the loss of monies; City Attorney Hopkins stated that either way, adding interest would require a revision of the forms. Mayor Roth felt that the interest concept was a good one and should be implemented. He felt strongly, however, that the Council should have the prerogative to waive the penalty in exceptional circumstances after due consideration. Councilwoman Kaywood did not agree and preferred to see the ordinance remain as it was at present. She believed that the system worked because there was no redress. Councilman Overholt stated that the proposed amendment did not satisfy him because it did not deal with the question of a charge for the use of monies, namely interest. He asked that the City Attorney provide another amendment for Council consideration, embracing the concept of the penalty which they could waive, and also the charging of interest of an appropriate amount for late payment, which would not be subject to waiver. City Manager William Talley suggested that the Council retain the ability to set the interest rate in the event they elected to waive the penalty. Since it fluctuated so greatly at times, it might be advantageous for people to take their chances by sending in a late payment. At the conclusion of further discussion and input as to alternatives, Councilman Overholt reiterated that he was suggesting that the penalty remain, but he wanted to see an ordinance that would include an interest concept, so that if they chose to waive the penalty, they would at least have the use of the cost of the money to be received. He wanted to be able to look at it both ways. By general consent, the City Attorney was directed to amend the proposed ordinance to include the concept of the penalty which the Council could waive, and also charging an interest rate on the late payment portion which would not be subject to a waiver. 175: APPOINTMENT OF A M~MBER TO THE AD HOC ELECTRIC AND WATER LIFELINE RATES CfM}{ITTEE: (Continued from the meeting of November 2, 1982--see minutes that date.) Councilwoman Kaywood nominated Bette Wakamoto; Councilman Roth nominated Bill Krebs. Councilman Roth moved to close nominations. Councilman Pickler seconded the motion. MOTION CARRIED. 996 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. A roll call vote was then taken on the names in the order of their nomination: Bette Wakamoto AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Bay Roth None Bette Wakamoto was thereupon appointed to serve on the ad hoc Committee to Study Electric and Water Lifeline Rates. 105/149: JOINT MEETING WITH THE PLANNING COMMISSION ON PARKING REQUIPd~4ENTS: On motion by Councilman Bay, seconded by Councilman Roth, a joint meeting with the Planning Commission regarding parking requirements in the City~ was set for Tuesday, December 7, 1982, at 7:00 p.m. MOTION CARRIED. 153/150: DISCUSSION OF APPOINTMENT OF A DEPAR/MENT HEAD: Councilman Bay moved that the Council approve the appointment of Chris Jarvi to the Exective Management level. Before any action was taken, Councilman Bay stated that they had not done so in open session and he believed the Charter required it. City Manager Talley requested a Closed Session to discuss the matter, but under any circumstances, it would be a ratification of the City Manager's appointment. Councilwoman Kaywood seconded the motion if it were appropriate to do so at this time. Otherwise, she would second the motion and continue it until after Closed Session. Councilman Overholt thereupon seconded Councilman Bay's motion. City Manager Talley stated that he was unaware that the matter was going to come up and reiterated that appointments and terminations were reviewed with the City Council and ratified by the Council. Councilman Overholt withdrew his second to the motion. In answer to the Mayor, City Attorney Hopkins recommended that the matter be discussed as a personnel matter in Closed Session. Councilman Bay withdrew his motion until after Closed Session. 168: EUCALYPTUS DRIVE - STREET NAME CHANGE: Request of Mr. James Beach to change the street name of Eucalyptus Drive to Eucalyptus Way, was submitted. Councilman Roth offered Resolution No. 82R-555 for adoption, approving the street name change from "Eucalyptus Drive" to "Eucalyptus Way" for a private drive, as recommended in memorandum dated November 8, 1982, from the Assistant Planning Director--Zoning, Annika Santalahti. Refer to Resolution Book. 997 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. RESOLUTION NO. 82R-555: A RESOLUTION OF THE CITY COUNCILOF THE CITY OF ANAHEIM CHANGING THE NAME FOR EUCALYPTUS DRIVE TO EUCALYPTUS WAY. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-555 duly passed and adopted. 134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENIMENT NO. 179: After a brief discussion relative to an appropriate date for the public hearing, Councilman Bay moved that the public hearing on General Plan Amendment No. 179, to change the current general commercial designation to medium density on approximately 9.8 acres located south and west of the southwest intersection of Lincoln Avenue and Rio Vista Street, be set for Tuesday, December 7, 1982, at 7:00 p.m., as requested by the petitioner. Councilman Roth seconded the motion. MOTION CARRIED. ORDINANCE NO. 4376: Councilman Roth offered Ordinance no. 4376 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4376: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-33(5), CO) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4376 duly passed and adopted. 179: ORDINANCE NO. 4377 - CODE CHANGE RELATING TO DEVELOPMENT AGREEMENTS: City Attorney Hopkins answered questions for Councilman Bay clarifying the features of the proposed Code change. Councilman Roth offered Ordinance No. 4377 for first reading. ORDINANCE NO. 4377: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (development agreements) 114: ACCESS TO IMPERIAL HIGHWAY FRCM THE CANYON PLAZA SHOPPING CENTER: Councilwoman Kaywood reported on the liaison meeting she attended with Councilman Pickler on November 15, 1982, also attended by staff members Norman Priest, Ronald Thompson and Paul Singer. They met with Mr. Rinker, Mr. Shantz and Attorney at Law Floyd Farano, relative to the subject and after approximately two hours, it was determined that a traffic study would be 998 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. initiated to ascertain the cost of the proposed improvement and a report would subsequently be submitted. The second of the required six-month reports was due on November 22, 1982, which would be a report of the liaison meeting. 129: FIXED WING AND HELICOPTER WATER DROPS TO C~MBAT BRUSH FIRES: Mayor Roth again referred to the October brush fire in the Anaheim Hills area and the recent letter of commendation sent by the Orange County Fire Chief to the Anaheim Firemen and Police for an outstanding job. He and his Council colleagues had already commended the actions of both departments in that crisis. What concerned him was a paragraph in the letter which indicated that priority was given to Los Angeles County for fixed wing and helicopter water drops, whereas weather conditions were equal in both Los Angeles and Orange Counties. He requested that staff investigate who was responsible for setting priorities for use of such aircraft when brush fires occurred to ensure that Orange County received equal weight in the setting of those priorities. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel and labor relations with no action anticipated; the City Attorney requested a Closed Session on litigation and potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session, after which they would reconvene for a joint meeting with the Library Board in the sixth-floor conference room of the Civic Center to discuss the Bookmobile Program. Councilman Overholt seconded the motion. MOTION CARRIED. (11:28 a.m.) AFTER RECESS: The Mayor called the meeting to order in the sixth-floor conference room of the Civic Center, all Council Members being present. (12:06 p.m.) PRESENT: ABSENT: PRE SENT: LIBRARY BOARD MEMBERS: Elizabeth Schultz, Earl Dahl, LaFrance Terrell, Michael Ambrosi LIBRARY BOARD M~MBERS: Jean McClain CITY MANAGER: William O. Talley ASSISTANT CITY MANAGER: James D. Ruth CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts CITY LIBRARIAN: William Griffith PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ronald Rothschild LIBRARIAN: Bettie Vandiver BOOKMOBILE LIBRARIAN: Rosemary Lynch MANAGEMENT AUDITOR: Ken Stone The Chairman of the Library Board, Elizabeth Schultz, called the Library Board to order. 105/140: JOINT MEETING WITH THE LIBRARY BOARD TO DISCUSS THE CONTINUATION OF THE LIBRARY BOOKMOBILE OUTREACH PROGRAM: Mayor Roth welcomed all those in attendance. He noted that the Council had previously allocated an additional ~37,589 to operate the Bookmobile until November 30, 1982, and the purpose of 999 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. the meeting was to determine the future of the Bookmobile Program. He recounted his previous suggestion that the service clubs in the City be given a presentation so that they might sponsor the Bookmobile Program, thereby providing a service to the community. He made a presentation last Friday to the organization to which he belonged, the Anaheim Host Lions Club, which was met with enthusiasm, and he suggested that those Council Members who were members of similar organizations such as Kiwanis and Rotary do the same. The presentation should be supplemented by slides showing the Bookmobile at its scheduled stops, basically in minority areas of the City, statistics on its use, etc. City Librarian William Griffith stated he felt the suggestion was a good one from the outset and he subsequently approached the Public Information Office for assistance in putting together such a presentation, but at the time, their schedule did not permit, and he subsequently solicited volunteers. Some high school youngsters did the photography and Mr. Chuck Allee was working on the production and script. Many hours had to be devoted to the project but when complete, he felt they would have a superior product. Mrs. Elizabeth Schultz, Chairman of the Library Board, stated that having read a letter dated November 5, 1982, from the Library Board to the Council, she was certain they were aware how necessary a program the Bookmobile was in the community. She was happy to hear the Mayor speak of minorities in the community because she felt there had been an insensitivity to that segment, and that was something they were trying to take care of with the Bookmobile Program. At the request of Councilman Bay, Mr. Griffith gave an historical overview as to why the Bookmobile Program was first initiated, starting in 1958. It was basically to supplement the lack of branch libraries in certain areas of the City. In the interim, staff became aware of the tremendous minority interest in the Bookmobile and perceived a need. The Board then went to the Council with the request that the Bookmobile be diverted from its original intention into an outreach program, and it had been on a temporary basis ever since. Councilman Bay stated the point he wanted to make was the original intent and the fact that they now had library branches all over the City. It was now a community-type service. He had no argument with the need, but questioned why they had not looked at the possibility of Block Grant Funds to support the program under Community Development Block Grant. Further, it was a service provided to minority areas and should fall under the Community Services Board. He suggested that the Library Board lobby the Community Services Board to get a portion of those Block Grant Funds and to be a part of those hearings in the future. He continued that they were talking about approximately ~33,000 to continue the program for the remainder of the fiscal year. The City was presently facing a $900,000 loss in revenues due to the football strike, and ~640,000 had already been lost as of Sunday. They were also looking at possible short falls of another ~900,000 in sales tax revenues. Although $33,000 or $34,000 did not seem like a large amount, they were going to be looking at amounts like that to solve their budget balancing this year. 1000 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Rosemary Lynch, Bookmobile Librarian, explained that the purpose of the Bookmobile had changed, as well as the composite of those using the program. There were now Hispanic and Vietnamese communities who could not or would not frequent the library itself. She viewed it as an outreach program that was very positive in nature. As a former probation and correction officer, she could see the problems that existed. Mr. LaFrance (Slim) Terrell, Library Board Member, then commented on his observations watching the children who utilized the Bookmobile and the great number that did so. He felt it was a tremendous community service. Councilman Overholt noted that the ~33,700 would carry the program for seven months, or the balance of the fiscal year. He did not believe that anybody wanted to see the program stop. His inclination would be to find a way of funding the Bookmobile through the end of the year. City Manager Talley stated the issue was service to the community, and the Bookmobile provided a good level of service; however, it represented an additional level and if it was such a positive service, it should not be at the bottom of priorities. At some point, they were going to have to address the fact that as part of the Library budget, the Bookmobile had a definite place. Most cities were not adding to library services and if it was that valuable, other library services should be reduced a concurrent amount. The Bookmobile was rendering a better service to the community on a cost basis, than the libraries. He recommended that they decide the total Library services they wanted to fund in the community and then fund it accordingly. If the Bookmobile was in that group, then it should be funded on a permanent basis. He suggested that perhaps some of the things they had not curtailed needed to be looked at and that some time soon, they should address library service in Anaheim. In the meantime, he suggested that funding be allocated from the Council Contingency Fund until the Council made a final decision, and then communicate that decision to staff. MOTION: Councilwoman Kaywood moved that the Bookmobile Outreach Program be funded at a cost of ~9,700 from the Council Contingency Fund, which would allow continuance of the program for two additional months and, in the interim, that alternative methods of funding the program be investigated to ensure that the Bookmobile Program became permanent in the future. Councilman Overholt seconded the motion, adding also inviting service groups to participate. Before a vote was taken, Mayor Roth stated he would like to see some commitment as to when the slide presentation would be ready, and to set up some type of program to schedule the presentations before the service groups, which had to be done well in advance, with a further commitment from Council Members to sell that program. A vote was them taken on the foregoing motion. MOTION CARRIED. 1001 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Mr. Talley stated that James Ruth, Assistant City Manager, and Dean Grose, Public Information Officer, were immediately available to assist in finalizing the presentation; Mayor Roth asked that it first be shown to the Council before being presented to the service organizations. By general consent, the Library Board adjourned. (1:30 p.m.) RECESS: Councilwoman Kaywood moved to recess for ten minutes to allow an opportunity to reconvene the Council meeting in the Council Chambers. Councilman Pickler seconded the motion. MOTION CARRIED. (1:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:40 p.m.) 176: PUBLIC HEARING - ABANDO~I~ENT NO. 82-2A: In ~ccordance with application filed by Donald H. Yoder, public hearing was held on abandonment of a public utility easement located on the north side of La Palma Avenue, east of Kraemer Boulevard, pursuant to Resolution No. 82R-514, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated September 23, 1982, and a recommendation by the Planning Commission, were submitted recommending approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRORMENTAL IMPACT REPORT - CATEGORICAL EX~tPTION: On motion by Councilman Bay, seconded by Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, 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 EIR. MOTION CARRIED. Councilman Bay offered Resolution No. 82R-556 for adoption, approving Abandonment No. 82-2A. Refer to Resolution Book. RESOLUTION NO. 82R-556: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT LOCATED ON THE NORTH SIDE OF LA PAIMA AVENUE, EAST OF KRAI!MER BOULEVARD. (82-2A) Roll Call Vote: AYE S: NOES: ABSENT: COUNCIL MMMBERS: COUNCIL M~BERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 82R-556 duly passed and adopted. 108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 82-31, SHANNON'S ALTA DENA DAIRY: To consider an appeal of the decision of the Planning Director approving an Amusement Arcade Application for Shannon's Alta Dena Dairy, 829 South Euclid Street, for 18 amusement devices. Submitted was a report from the Zoning Division dated November 8, 1982. 1002 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Mayor Roth asked to hear from the applicant. Mrs. Diana Kay McCreery, 2206 East Bangor Way, stated that she was the owner of Shannon's Alta Dena Dairy and she had applied to be permitted to have 18 amusement devices. She went above what she normally would be able to carry in the event that they knock out another wall and added to the arcade. Their facility was fenced on one side and they had it set up so that the children would not be on the drive-through section of the dairy. She had worked with children for many years and she had present today a character witness and a resident who would speak on her behalf. At present, she had four amusement devices. Mr. Alex DeLao, 2i30 West Crescent, Apartment 1171, stated he was present on Mrs. McCreery's behalf as a character witness. He was the band director at Katella High School and Mrs. McCreery was their current Band Booster President and had served in that capacity for two years. Before that, she was their Hospitality Chairman. He had the opportunity of watching her work with the students and her two twin boys had been in the band. She had been an inspiration not only to the parents, but also for the young men and women who served in their program. She also served as a member of the inspection team. She was called '~om McCreery" by the students. He was present because he believed in what she could do for kids. There were 160 in their program and they knew and respected her. She had recently purchased the subject dairy which was in the Loara High School area. He fully supported her and her efforts in working with the local schools. Mr. Joel Reichert, 828 South Falcon, stated he lived directly behind the dairy and had three children of his own. He was not concerned about them "hanging around" at the dairy. He had only known Mrs. McCreery since she purchased the business, but had no doubts that she would take care of the responsibility of the children who frequented the arcade. The Mayor asked to hear from those who wished to speak in opposition. Annette Stoddard, 631 South Adria, stated she was opposed to having more amusement devices in the Alta Dena Dairy. She did not know Mrs. McCreery, but she was concerned over groups of children frequenting the business, and if they would be watched. Mrs. McCreery could not always be on the premises. ~h~ preferred to ~ amusement d~vic~ in ar@a~ ~uch a~ a ~hoppin~ mall wh~r~ there was a security guard. The subject corner at present was an eyesore and had been for years. She also had a daughter working across the street from the site and when she finished work at 7:00 p.m., she would not be able to walk home anymore. She also could not imagine how Mrs. McCreery could knock out a wail and install more machines. She had passed the petition in opposition which had been previously submitted. In the course of answering questions posed by Councilwoman Kaywood, Mrs. Stoddard also stated another reason for opposition was the fact that the Roberts Room was directly adjacent to the business. 1003 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Mrs. Stoddard then clarified for Councilman Bay that she did not live within 300 feet of the business, and when she passed the petition, she did so across Euclid where there were homeowners, not apartments. Donna Stagner, 119 South Adams, Fullerton, explained that she was the Manager of Allen's Tuxedo Rentals located across the street from the Dairy, and to the rear. She felt the arcade would draw a bad crowd and would not be good for her business. A lot of women worked in the Center by themselves. Mayor Roth then gave Mrs. McCreery an opportunity to rebut. Mrs. McCreery first confirmed that she did not have a beer license and did not want one. She also explained that there was no crosswalk in front of her business in order to be able to cross Euclid. There would be supervision and more than one person would be there at all times. The arcade was inside the fenced area and bicycles would be parked in that area. She would not tolerate any misbehaving. Mrs. McCreery then answered questions posed by Council Members wherein she relayed the following information: hours of operation were from 7:00 a.m. to 9:00 p.m. and Sundays, 8:00 a.m. to 7:00 p.m.. If there was a compromise that needed to be made with the schools to work out a program, she was willing to do that as well. She was also willing to stipulate that the arcade would operate only when the dairy was in operation, and that no students would be allowed in the arcade during school hours. When she was not present, her husband would be on the premises, or her boys. They were installing a scanning system where she would be able to see anyone in the game room when she was on the parking lot. If they needed more game room space, they could build a new wall and make the game room bigger.- She could handle 50 patrons at one time easily. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Bay stated he was mostly concerned with precedent and was always concerned when they received petitions from people anywhere in the City. He recalled hearings on arcades where the vote was 51 percent and higher in opposition of those within 300 feet where the owners appealed to the Council to reverse the decision of denial of the Planning Director. He felt that the matter had to be treated equally on both sides. In this case, after polling those within 300 feet, the result was that only seven people were opposed, or 12 percent. If they reversed the Planning Director's approval today, they would not have any rules for the future. He would, therefore, strongly support the arcade being allowed on the basis of the rules they used in the past. He urged the people who signed the petition in opposition that if they concentrated within the 300-foot radius and brought in a change, that the Council might likely reverse that decision. He could see no reason to break those rules at this time and reverse the decision of the Planning Director. 1004 City Hall, Anaheim, California - COUNCIL MINUTES - November 16~ 1982, 10:00 A.M. MOTION: Councilman Roth moved to uphold the decision of the Planning Director, approving an Amusement Arcade Application for Shannon's Alta Dena Dairy, 829 South Euclid Street, for 18 amusement devices. Councilman Bay seconded the motion. Councilman Overholt stated he was going to support the motion, since the applicant stipulated that the arcade would only be open when the dairy was open--hours 7:00 a.m. to 9:00 p.m. Monday through Saturday, and 8:00 a.m. to 7:00 p.m. on Sundays, and that no students would be allowed in the arcade during school hours. Councilwoman Kaywood stated that she was concerned over the neighbors' concerns and asked Mrs. McCreery if she would be open to having the neighbors call her directly if there were any problems; Mrs. McCreery answered "yes," and further stated that anything they felt was wrong, she would correct to the best of her ability. A vote was then taken on the foregoing motion, which was also subject to the two stipulations made. MOTION CARRIED. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2371: Application by B~M Limited Partnership, (Texaco Service Station), to retain auto sales in conjunction with an existing auto rental agency and service station on proposed C-R zoned property located at 231 West Katella Avenue, with a Code waiver of prohibited signs. The City Planning Commission, pursuant to Resolution No. PC82-166, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, since there would be no significant individual or cumulative adverse environmental impact due to the approval of the negative declaration, since the Anaheim General Plan designated the property for commercial recreational land uses commensurate with the proposal, and that the initial study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impact, and further, granted Conditional Use Permit No. 2371 in part, subject to certain conditions. The decision of the Planning Commission was appealed by Harold R. Stokes, Attorney, and public hearing scheduled and continued ~rom the meeting o~ November 9, 1982, to this date. City Clerk Roberts noted that a letter dated November 16, 1982, from Mr. Stokes was submitted prior to the hearing and copies submitted to the Council. The Mayor asked to hear from the applicant or applicant's agent. Mr. Harold R. Stokes, Attorney, 3300 Irvine Avenue, Suite 100, Newport Beach, and Mr. Dave Capelouto, (B(M Limited Partnership) 710 East Monroe Avenue, Orange, were present. 1005 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Mr. Stokes referred to the detailed five-page letter dated November 16, 1982 (made a part of the record), which he submitted and which offered a rebuttal to the staff recommendations and subsequent approval by the Planning Commission on the condition placed on the approval of Conditional Use Permit No. 2371: Condition No. 1--"That the owner(s) shall irrevocably offer to dedicate to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Clementine Street for street widening purposes." Such dedication would amount to a total of 1860 square feet of land to the City, at some future date, when Clementine Street would be widened. They were present to appeal that condition and, further, they were opposing the Planning Commission's action denying the request for waiver of the Code requirement relative to signs. Mr. Stokes then highlighted several points in the letter, revolving around the placement of Condition No. 1 on the approval, and why they felt it was not warranted. With the negative declaration filed by staff and approved by the Planning Commission, as well as approval of the previous conditional use permit on the property, they saw no extended use or relationship between the required dedication and what was taking place on the property. It was not a change of use, but a consistent use. They were also concerned with reference to the signs on the property. They were called ski rack signs and were not portable "A" frame types. He thereupon submitted photographs depicting the signs and their placement. They were located on top of cars that were angled so the only people who saw them were the Hertz Rental Car Agency adjacent to the applicant's business. He thereupon called upon Mr. Capelouto to give his presentation. Mr. Capelouto stated first of all that there were several reasons he felt he should not be denied the right to sell cars on his property. He did not believe any retail car facility was denied that and his next-door neighbor sold the cars on his property, the only thing dividing them being a chain-link fence. Since 1977, the Department of Motor Vehicles required that car rental and lease companies become automobile dealers, and thus it seemed inconsistent that the State required him to become a dealer and the City would not allow him to sell cars. He then elaborated on the reasons why he felt that Condition No. 1 should be eliminated and a Code waiver granted with regard to his signs, supplemented by a short film showing the site, the surrounding businesses and different views while traveling the adjacent streets. Mayor Roth asked if during the Planning Commission hearing, the applicant stipulated to the required dedication and also to the removal of the ski rack signs. Assistant Planning Director--Zoning~ Annika Santalahti, answered that the interpretation on the waiver was that the petitioner did agree to that. He may not have so stipulated, but he did not object. On the dedication issue, she did not recall that he agreed to anything like that, but such dedication was a standard requirement. After additional questions were posed to staff by Council Members for purposes of clarification, Mayor Roth stated that one of the problems the Council was having was due to the fact that in the City Attorney's opinion, the Council 1006 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. could not just revoke the one item. They were put in a position, if they continued to dialogue, they were going to have to review the entire Conditional Use Permit. They were wrestling not only with the problem of the signs and the dedication, but also they would now have to have a full new hearing on the entire CUP. City Attorney Hopkins stated that the Council could review the entire CUP and Condition No. 1 would be included. Mr. Stokes stated their contention was that they had a use that was not inconsistent to what had been happening on the premises and there had not been any change. The staff report, negative declaration, as well as the CUP findings indicated there had been no increased traffic flow, and there would be no such increase. If there was a showing that the CUP application had a direct relationship to a need established by the City, increased traffic flow on Clementine Street or whatever it might be, then the City would have the right to require a dedication. A similar 15-foot dedication was not required when Hertz made the same request. The Mayor asked if anyone wished to speak, either in favor or in opposition; there was no response. Councilwoman Kaywood asked if there were signs on the Hertz cars; Mr. Capelouto answered, "no." Councilwoman Kaywood stated that was one of the conditions on which they were permitted to have a double use. The subject area was the gateway to the Disneyland area and if there were signs, one after another, it was not an enhancement in any way. Further, asking for relief from Condition No. 1 and the intent to continue with the signs was not what the Planning Commission approved. According to the hearing, the applicant agreed to removing the signs. Mr. Capelouto stated that he did not think the CUP would apply if they eliminated the gas station portion, and he suggested that they meet with the Planning Department to see if they could work something out under those conditions. Miss ~antalahtl ~alt, in that ease, the applicant would want a continuance go that the application could be reviewed and in order to ascertain what might be needed. Mayor Roth suggested, if his colleagues agreed, that the matter be continued for 30 days to give the applicant an opportunity to work with Planning staff. Before concluding, Councilman Bay wanted to know the initial cause for the applicant appearing before the Planning Commission; Mr. Capelouto explained that they were cited for the sign violation and as Miss Santalahti advised, their existing CUP did not authorize them to sell automobiles. She subsequently gave him a form to amend the existing CUP. 1007 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. Councilman Bay surmised then that the initial cause was for a third use on the site. He asked Mr. Capelouto if he agreed; Mr. Capelouto answered, "yes." Councilwoman Kaywood explained if he were to remove the gas station and then sell cars, he would not be entitled to anything more than what Hertz had, and they did not use signs for the sale of cars. MOTION: On motion by Councilman Roth, seconded by Councilman Bay, public hearing on Conditional Use Permit No. 2371 was continued to December 14, 1982, at 1:30 p.m., with the applicant to work with the Planning staff in the interim. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2382: Application by Atlantic Richfield Company (Arco Service Station), to permit a convenience market with gasoline sales on CL zoned property located at 700 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC82-192, declared that the subject project be exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act, since there would be no significant individual or cumulative adverse environmental impact due to this project, since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and further, denied Conditional Use Permit No. 2382. The decision of the Planning Commission was appealed by the applicant and a public hearing scheduled this date. The City Clerk announced that a letter dated November 10, 1982, delivered via messenger service, had been received from Arco Petroleum, C.T. Fulkerson, Retail Facilities Manager, requesting a continuance to November 30, 1982. The Mayor asked if anyone was present who wished to speak. Mr. Charles Curtis, Cohen, Stokke and Davis, 540 North Golden Circle Drive, Santa Ana, stated he was counsel for Arco, and they were respectfully requesting a two-week continuance to give Arco an opportunity to fully present its case. MOTION: Councilman Pickler moved to continue the public hearing on Conditional Use Permit No. 2382 to November 30, 1982, at 1:30 p.m., at the request of the applicant. Councilman Roth seconded the motion. MOTION CARRIED. Councilman Pickler expressed concern, however, that if anyone was present to testify they should be given the opportunity to do so; Mayor Roth felt it would be wise to ask anyone present to return on November 30, 1982, when a full hearing would take place. 1008 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. A gentleman in the Chambers audience indicated he was present for the public hearing and he was in opposition; Councilwoman Kaywood suggested that he leave his name and address with the City Clerk and state his opposition in the event he was unable to be present at the next hearing. Councilman Pickler reiterated that he should be given an opportunity to testify today; the City Attorney recommended that the gentleman return on November 30, 1982, so the public hearing could be conducted all at one time. A bifurcated hearing could cause problems and require him to return in any case. Mr. William Beck, 709 South Plymouth Place, stated since it was more convenient for the Council to defer the hearing to November 30, 1982, he would return on that date. RECESS - CLOSED SESSION: Councilwoman Kaywood moved to recess into Closed session. Councilman Pickler seconded the motion. MOTION CARRIED. (2:56 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:20 p.m.) 112: KANTOR VS. AIR CALIFORNIA AND CITY OF ANAHEIM VS. AIR CALIFORNIA: On motion by Councilman Roth, seconded by Councilman Pickler, the City Attorney was authorized to settle Orange County Superior Court Case No. 33-50-02, Kantor vs. Air California and City of Anaheim vs. Air California, for the sum of ~10,000, to be paid to the City of Anaheim. MOTION CARRIED. 112: CITY OF ANAHEIM VS. METROPOLITAN WATER DISTRICT: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Attorney was authorized to settle Orange County Superior Court Case No. 34-63-67, City of Anaheim vs. Metropolitan Water District, for the sum of ~65,833.83 to be paid to the City. MOTION CARRIED. 153: ESTABLISHING RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION AND THE ANAHEIM FIRE ASSOCIATION AND AMENDING RESOLUTION NO. 81R-502: Councilman Pickler offered Resolution Nos. 82R-557 through 82R-559, both inclusive, for adoption, the first amending Resolution No. 82R-499 which established rates of compensation for classes represented by the Anaheim Police Association, the second amending Resolution No. 82R-500 which established rates of compensation for classes represented by the Anaheim Fire Association, and the third amending Resolution No. 82R-502 and amendments thereto which established compensation for classifications designated as Executive Management. Refer to Resolution Book. 153/156: RESOLUTION NO. 82R-557: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-499 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION. (Police Counter Operations, Police Report Writer, Police Communications Dispatcher and Police Communications Clerk) 1009 City Hall, Anaheim, California - COUNCIL MINUTES - November 16, 1982, 10:00 A.M. 153/129: RESOLUTION NO. 82R-558: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 82R-500 WHICH ESTABLISHED RATES OF C~MPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM FIRE ASSOCIATION. (Fire Prevention Aide, Fire Staff Aide and Fire Training Aide) 153: RESOLUTION NO. 82R-559: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 81R-502 AND AMENI~ENTS THERETO WHICH ESTABLISHED CCMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGMMENT. (Police Consultant) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M~MBERS: COUNCIL MEMBERS: COUNCIL M~BERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution Nos. 82R-557 through 82R-559, both inclusive, duly passed and adopted. 153/150: RATIFICATION OF APPOIN/MENT OF DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES: City Manager William Talley announced that in accordance with the provisions of the City Charter, he was recommending the appointment of Mr. Chris Jarvi as the Director of Parks, Recreation and Community Services. Councilman Bay moved to ratify the City Manager's appointment of Chris Jarvi as Director of Parks, Recreation and Community Services. Councilwoman Kaywood seconded the motion. MOTION CARRIED. ADJOURNMENT: Councilman Pickler moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. (5:25 p.m.) LINDA D. ROBERTS, CITY CLERK 1010