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1980/06/1080-702 City Hall, Anaheim~ California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt (entered at 10:20 a.m.), Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts POLICE CHIEF: George P. Tielsch POLICE CAPTAIN: Jimmie Kennedy TRAINING OFFICER: Ray Welsh HUMAN RESOURCES DIRECTOR: Garry McRae CONVENTION CENTER GENERAL MANAGER: Tom Leigler STADIUM OPERATIONS MANAGER: James Dooley PERSONNEL SERVICES MANAGER: David Hill City Manager William Talley first announced the proposed schedule of the City Council budget hearings and the order in which department presentations would be made. POLICE DEPARTMENT: Mr. Talley opened the budget session with the Police Department budget, Pages C81-C95 of the 1980-81 Proposed Resource Allocation Plan, Control Center 51, Capital Improvements, Page D34, and Position Control, Pages El8 and El9. Police Chief George Tielsch noted that the Department budget for the fiscal year 1980-81 amounted to $18,180,955 up from the ~Y 1979-80 adopted budget of $16,167,608. The main level of service increase was in the area of operations. They conducted a management audit of the Department and identified five positions currently held by sworn officers which they felt could be replaced by civilians. He recommended, therefore, that they grant five new positions of ITC's to replace the five officers currently serving as complaint officers, assisting the Station Sergeant function, thus freeing up five uniformed officers to constitute a new beat in the City, Beat No. 26. The beat would be superimposed over existing beats on the east side of the City, Beats 8, 10 and 22, making those smaller and giving a higher level of service to citizens living in that area. Beat No. 26 would generally cover the areas between Kraemer and Lakeview. Another area where they were asking for five additional personnel w~re as follows: a Staff Sergeant in the Managing Criminal Investigations grant, three property and supply clerks, and one records clerk, adding approximately 10,000 new hours to the budget. Relative to the crime rate, it had been the desire of the Council, even though the City was in an area where crime rates were increasing all around, to have either a zero increase, if at all possible, or a reduction in the crime rate. The last Quarterly Report showed that they experienced a three-tenths percent decrease in the crime rate this year in Anaheim. He could now report that although he could not make a comparison with other cities because that data was not available, by the end of May, the crime rate had decreased further and they now realized a one percent decrease in that crime rate for the Calendar Year 1980. ~0-703 City Hall.p. Anaheim~ California - COUNCIL MINUTES - June 10~ 1980,· 10:00 A.M. Two of his CaPtains at the last budget work session, which he was unable to attend, reported that the Council had expressed concern with the Department's front counter operation and the Communications Center. At times, complaints were received where members of the Department staff in those two areas had not shown proper concern and courtesy to citizens. Their slide presentation would show how the operation was presently conducted, what it looked like and further illustrating the areas involved in the Capital Improvement request. Improvements were planned for the front counter area to provide better service to citizens. As well, the cadets at the front desk no longer wore uniforms, but civilian clothes, to avoid citizens expecting too much from those cadets. As a result, they wanted to provide them with blazers and slacks to give them a junior exec- utive appearance as people came to the front counter. They had also increased training in citizen contact and Officer Welsh, working in Communications and temporarily assigned to the Training Bureau, would explain those aspects in the presentation. Councilman Overholt entered the Council Chamber. (10:20 a.m.) A slide presentation was then made, narrated by Officer Welsh, regarding the front counter operations, the proposed Capital Improvements, operation of the Communication Center, cadet orientation training in citizen contact, officer training program, "use of telephone", as well as other aspects of communication and front counter operations (see data covering the slide presentation--City Council presentation, June 10, 1980, Anaheim Police Communciations--front counter, which was submitted to the Council--on file in the City Clerk's office). Upon conclusion of the presentation, Councilman Roth expressed his deep and ongoing concern relative to impressions given at the front counter by cadets which he considered required more supervision than sworn officers. He wanted to be certain that someone was monitoring those young people as the public approached the Police Department front desk. Chief Tielsch explained that they did not always have a sworn officer in that area--normally they were civilians, and they had women in a civilian capacity who had been with the Department for an extended period of time acting as the initial supervision because of their years of experience. Councilman Roth then asked if the new Task Force was now in operation. Chief Tielsch reported that they had placed a sergeant in that program and had selected the officers who were being phased into the force, which should be operational in another month, consisting of ten officers and two sergeants. He further explained that at one time during the past fiscal year,'the Department had operated understrength by 22 sworn officers due to the very difficult problem of recruiting. As of tomorrow, they would be eight officers understrength. The Mayor asked Chief Tielsch to expand as to why it had taken so long to es- tablish the Task Force. Chief Tielsch answered that he did not know why. There was a difficult job in recruiting and the rejection rate was extremely high of those who appiied. 80-704 City Hall, Anaheim, California - COUNCIL MINUTES - June 10~ 1980, 10:00 A.M. The Mayor then asked the Chief to elaborate on the recruitment procedure; the Chief explained that basically they asked Personnel to recruit, and it was that Department's responsibility to handle the initial recruitment accordingly. He then explained the procedure followed, concluding that recruitment was a "terrible" problem shared by all of his colleagues in other police departments as well, and they were finding the same to be true throughout the State. He could give no reason for the difficulty. The Mayor asked if (1) the Council directed him to hire another five officers, should they expect a six-month, nine-month or one-year lapse before they were operational, and (2) if five officers left the Department today, how long a period of time would be involved to replace those officers. He also asked what the Council could do or provide in way of assistance to short-cut the process. If there was nothing, then perhaps they should institute some long- range planning. Captain Norbert Mang stated that today they had no eligibility list and that was one of the problems. If they already had an eligibility list, that would immed- iately cut two to three months off the time and if they were hiring trained officers from other departments, another five or six months would be eliminated. The time could range from a minimum of two months to one year depending on what cycle they were in, in the recruitment process at the time they were allowed to hire. Mr. Garry McRae, Human Resources Director, stated that current planning was addressing itself to that very issue. He believed that the current recruitment efforts should keep the Police Department at or near strength until January 1 from the current eligibility list. It was anticipated in January of next year, opening new recruitment for police officers which would permit them to utilize the provisional appointee techniques for the academy. If so, then the academy four months and the recruiting four months would be taking place simultaneously, thus reducing the overall time greatly. It took four months from the time a person was on board to finish the academy and approximately seven months for the process to be completed from the time of releasing the brochure. The main time~onsumers were the announcement, of about a month at the beginning, and the couple of months required at the end of that for the background investigation, which the Police Department was required to do. If they went to an ongoing police officer recruitment program in Anaheim, they would probably have to dedi- cate in excess of one person full time on their employment staff just for such activity. That would be a dramatic change, considering they only had two people doing that for the entire City at present. Further discussion and questioning of Chief Tielsch followed by the Mayor and Councilman Bay, at the conclusion of which, Chief Tielsch reiterated the very difficult recruitment problem with which they were faced and if they had an answer to that problem they would be inundated by people all over the United States because it was the same all over. Mayor Seymour expressed his discomfort over the fact that in their attempt to respond to the public for a higher level of police protection, it took one year before they received that service. There was something wrong with that process, and they had to find a solution to the problem. 80-705 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. Chief Tielsch stated that part of the problem revolved around the fact that, although they could inundate Mr. McRae with requests, he had other department heads with needs, and he (Tielsch) could not keep going back to him. Although the Police Department was a high priority, the process, once it started was very lengthy. Mr. McRae mentioned an ongoing recruitment process so that a person could come in and start the process at any time, as well as the fact that it would take a full-time position to handle ongoing testing for the Police Department. He (Tielsch) recommended that be done and they might have to devote additional resources for its implementation. If they did so, he felt that within a relatively short period of time, they might be able to start picking up and getting up to speed. Mayor Seymour stated that he thought the Council would be interested in a specific plan to achieve that. Mayor Seymour then continued that a subject which he believed really concerned the Council was that of neighborhood crime. Questions he had dealt with commun- ications as well as manpower--i.e., response time which he knew varied depending on the priority of the call. He was interested in those respons.e times where they were receiving so many complaints and what could be done to improve that situation. Also he asked if the Council were to authorize another five additional officers, what would that get them ~n relationship to what he considered to be the most frustrating problem they faced in police protection--neighborhood crime, the crime itself, patrol, preventive activity, response time, the whole area. He wanted to know what more they could do than they were already doing. Chief Tielsch explained that five officers represented one car around the clock or one new beat. Unfortunately, there was no formula that would lend itself to telling how to approach the crime rate problem. It was difficult to give an answer saying if they were given so many resources, they could give something specific that would happen to that crime rate. They could, however, talk in terms of response time as suggested by the Mayor, and Captain Kennedy had worked hard on that aspect as one of his goals and objectives. He did feel that "X" number of additional people could affect the response time. The Mayor also asked if there was some way for the Police Department to communi- cate to a citizen, for example, whose home had been burglarized when be was on vacation, that his call was a low priority call, and they would be on the scene in approximately 45 minutes to one hour, so they were not sitting and waiting for the Police to come. Chief Tielsch explained that their investigations revealed it was not the fact that the Police did not arrive immediately, but rather the citizen's perception of when they were going to be arriving, and they were doing what the Mayor suggested. Captain Jimmie Mennedy then reported on the proposed plan yet to be submitted to the Chief and Council for approval dealing with a mail and/or telephone recording system as well as the benefits to be accrued from such a system. 80-706 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. Chief Tielsch and Captain Kennedy then answered questions posed by the Council relative to emergency call response times, what was being done to encourage business property owners to provide security themselves, supplementing what the Police Department could do, and if the Police Department was adequately prepared to handle the influx of people as a result of the Rams season starting in August. Mayor Seymour posed one last question to Chief Tielsch. He asked if, in his opinion, the allocation of more funds toward increased personnel in his Department would be of great value or of minimum value in getting a handle on neighborhood crime. Chief Tielsch answered that it would depend on the amount of dollars they were talking about. They were happy with adding a beat which he believed would enhance the service and cut down on response time in particular areas where they had some problems. If the Mayor was talking about getting a really good handle, the amount of dollars they would have to put into additional resources would be considerable. Just to put five additional officers on the street around the clock, with all the supporting equipment, would cost approximately $900,000 a year. City Manager Talley clarified that the cost was roughly a couple of hundred thousand dollars per beat. The Chief indicated $900,000 for five beats and not five people. Chief Tielsch stated it would take five officers per beat with their day-off schedule to man a car. That would be minimal to have five additional beats. However, he did not want to make a representation to the Council where one year from now if there were a couple of areas of increased crime, the Council would indicate that they thought they made a contract that would not happen. He could not professionally tell them that he could insure that would occur without significant numbers of additional individuals. As far as a guarantee that they could emerge as some type of island in the middle of Orange County when the crime rate was going up around them and bring it below that, it would be unrealistic unless they expended a great deal of money. He did not think they could do it for less than five additional beats on top of the one they were asking for as well. They were talking about 25 additional officers, which was a relatively small increase or approximately a 12% increase in their total Departmental sworn strength. The Mayor asked if he were able to get that, could he then assure the Council they would have a handle on neighborhood crime. The Chief answered that he felt they could do a much better job than they were doing if they developed that many additional people and put them into what they called neighborhood crime to the exclusion of some other things. That could have a significant impact on such crime. Councilman Bay stated they were then talking about $900,000; Chief Tielsch stated that was minimum with men and equipment, on an annual basis. Mr. Talley clarified that was an "off the top of the head" figure. They used $40,000 per person as an average in the Department and thus 25 times 40 equalled $1 million. 80-707 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. Councilman Bay wanted to know, considering the City's population and its transient population, had any comparisons been made against similar cities, comparing how many officers Anaheim had On the street against that of similar cities, their types of problems, and how they handled those, to tell whether Anaheim was in the ball park for t'he amount of police officers it had. He wanted to see some comparative data between Anaheim and cities of equal size with tourist influx, how much did they spend a year for their police force, how many officers they had, how did their crime rates compare, so that the Council could have something to gauge whether or not they were not paying enough attention regarding the police force they ought to have, or if they had it and were they doing the best they could w~thin the economic flexibility of what they had to deal with in the budget. Chief Tielsch explained that their Planning and Research unit had been doing a great deal of work on comparisons. A staff member then submitted to him data on the ratio of sworn officers per 1000 population which revealed the following: the 1978 National average for all cities was 2.1 officers per 1000, and in the 100 to 250,000 population, which would include Anaheim, the average was 1.9. The 1978 average for the basic geographical area was 1.5, and the 1978 National average for cities over 250,000 was 2.8. Anaheim was at 210,000 with a transient population and the City's average was 1.4 for the static population. Thus it would appear they were lower than other cities. Councilman Bay then surmised with the influx of tourists, if Anaheim was 1.4 and the National average was 1.9 at 200,000, Anaheim was low; Chief Tielsch stated it was lower than the National average. Councilman Bay stated that he then felt the Council should perhaps seriously consider looking at $900,000 to $i million for five additional beats. The Mayor then asked for a quick update as to how they were faring on the war on prostitution. The Chief stated he felt they were doing very well; he then asked staff how many places had been closed down since they started on the various massage parlors. From the audience, a staff member stated that today there was a total of eight and they started with 17. Relative to street prostitution, the Chief explained they had a recurrence in a couple of areas, but they kept attacking it as it surfaced, and he felt they were doing a good job in the City. Mayor Seymour stated on behalf of the Council, they all felt he was doing an outstanding job and they were proud of the quality of service that he delivered through his Department. With the concern expressed today relative to neighborhood crime, they would be better served to receive from the Chief prior to the final approval of the budget, a program with a price tag on it so that the Council could be assured they had a real handle on crime. He was not saying they were going to get there, but at ].east they would be armed with the information as to what was necessary if they wanted to make a dent in it. They wanted to make it "hot" for crime in Anaheim. 80-7O8 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. STADIUM, CONVENTION CENTER~ GOLF COURSES - FAMILY FORESOME: City Manager Talley referred to the subject budget, Pages C191 through C216, Control Center 72, 73 and 74, Capital Improvements, Page D29 through D32, and Position Control Page E37, 38 and 39. Mr. Tom Liegler, Convention Center General Manager, gave a brief overview of the Family Foursome facilities in a prepared statement. He noted that while they were increasing their expenditure budgets, in each case, they were also increasing their revenue projections at an accelerated rate. He stated that the City Manager's budget message well defined their various programs, levels of service, standards of housekeeping and maintenance, sales efforts and capital outlays to enhance their present operations. Their operating expenditure budget, totalling $16,405,455, consisted of almost one-half or 49.8% charged to the Stadium, 38.6% to the Convention Center, and 11.6% to the Golf Courses. Another breakdown of the same total--66.1% in operating costs for the entire Department, 33.1% in labor charges, and only 0.8% in capital outlay. A substantial percentage of operating costs and labor charges were reimbursed by tenant users. They were a substantial revenue producing Department and proud of the projected $16.8 million income for the Department not including the $6 million in Transient Occupancy tax which passed through the accounting fund into the General Fund. He expected income, therefore, would exceed expected expenses which was not the case in most cities choosing to enter into stadium, convention center or golf course businesses. Councilman Roth questioned Mr. Leigler relative to parking at the Stadium with the advent of the Rams opening season. He ~asked for a status report on nego- tiations with neighbors around the Stadium regarding parking and specifically with Mr. Dave Hook. Mr. Leigler explained it was in their interest to work with neighbors throughout the entire Stadium area and letters would be sent to them shortly. In addition, they had purchased some additional land from the State and that, along with the Wagner-Michelle (W-M) property, needed to be surfaced. They were perhaps going to ask the Council for some funding downstream to finish those areas. Mr. Jim Dooley, Stadium Operation Manager, reported that at present they had approximately 14,000 lined parking stalls. They hoped, for the Rams season, to enter into an agreement with Mr. Hook, who offered a proposal of $1,500 for each event to park employees in a dirt lot which would be available. That lot. how- ever, would require some improvements. They had also corresponded with Pacific Theaters to provide 2,000 parking spaces when neces- sary for certain events. He also considered it important to get some pavement on the W-M property and some other areas. The cost of asphalt paving was ap- proximately $350 per space and 7.9 acres were involved in the State property and 6.8 in the W-M property and the yield was 135 stalls per acre. They could utilize the W-M property primarily for bus parking, as well as their existing bus parking lot, thus accommodating approximately 400 to 450 buses. Councilman Roth emphasized that his concern was relative to the fact that they needed the additional parking to meet the challenge when the Rams season opened. He felt their approach was correct in trying to attempt to gain that parking through the surrounding neighbors; Mr. Dooley stated within their parking lot and that of Pacific Theaters, they would be able to not only meet the 15,000 parking space commitment to the Rams, but also provide 16,000 parking spaces ,nder the control of the City. 80-709 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. Mr. Liegler then clarified paving costs were not in the budget submitted to the Council; Councilman Roth suggested that perhaps some type of oil or something could be used for parking on the State and W-M property. Mr. Dooley explained they had oiled it twice, bnt after a couple of times, it would get very dusty. Councilman Roth asked their future plans to meet the parking requirements. Mr.t Liegler stated they were in a quandary because that portion of the parking lot was in the agreement with Cabot, Cabot & Forbes and the Rams. The question was, should they go ahead and temporarily blacktop with the possibility that later it might be torn out and improved? They should complete their agreement to finish the pavement and accept it totally. They had to grade it for parking some type of vehicles on it. Councilman Roth then questioned the status of the tentative dates for rock concerts, specifically July 6 and July 27; Mr. Leigler explained that they were unable to provide the two dates because of the responsibility of the contractor in the new facilities, and they had to wait until the City actually took possession of the entire facility. Thus, while they were able to book them, they were not able to contract for them. Mr. Talley then explained that the Council shonld recognize that there were 800,000 man hours and $16 million in the budget under discussion. In the over- all program, they were not able to accommodate all of the needs in the first year, one being the acquisition of the State property. At present they had in escrow $200,000, plus interest, and they were hoping not to have to make the final payment on that property in the 1980-81 fiscal year. If they did, they were going to have to find the money because the funds were not in the budget. They also had contract change orders on the Stadium in the amount of approximately $3 million which they managed to fund. As a result of that, some of the areas they would like to complete were financially not achievable, and they were going to have to limp by this year and go on a multi-year program, as they did on the original Stadium. If they did not get some of the planned levels of attendance with the Angels or the Rams, then the Family Foresome would have to adjust their budget to reflect the actual program. Mayor Seymour asked relative to the ongoing Stadium Capital Improvement Program what some of those finished items might be and the cost of each in a priority ranking. He took the figures provided by Mr. Dooley on the 7.9 State acres and 6.8 W-M property totalling 14.7 acres at 135 spaces per acre or 1984 stalls at $350 a stall or approximately $700,000. Mr. Leigler stated that it would be substantially more because they must include drainage, lighting, etc. The figure the Mayor arrived at was for surfacing only. The Wagner-Michelle, the W-M property represented a $300,000 cost; Mr. Talley interjected and confirmed that relative to the State property, they had already escrowed $200,000, plus interest, and that would require approximately another $250,000. Mr. Liegler stated the next would be the State property that they purchased and even on a temporary basis, other than oiling it, the cost would be approximately $1 million. They had to totally investigate that because they did not know how soon it would be available under the plan with Cabot, Cabot and Forbes. 80-710 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. Another project would be combination restrooms, first aid and security on the field level in the new section of the Stadium not included in the original design criteria, i.e., restrooms--both men and women, first aid and security all together in one unit on the field level which would cost in the area of $60,000 to $80,000. Another priority would be a television security system on the Club or Box Suite Level. Some close scrutiny of that level would be needed, not during games, but at other times. The next priority was the "Nations Longest Lounge" with appropriate banquet rooms in the new facility estimated at $250,000. He considered it to be a key item because it represented an ongoing income source not just for games, but also because there was a great need for banquet rooms in Anaheim. Mr. Leigler then explained for the Mayor that the budget document did include a projection for the rock concerts including the two that had been cancelled, and they were going to have to find alternative forms to bring in that income. In the past, rock concerts netted approximately $100,000 per concert and two dates had been lost. The Mayor then stated that a matter of utmost importance in priority to him and to the Council was the commitment they had made, promised and stalled on, the Convention Center relative to overflow parking. He was aware that some other large conventions were coming to the City, and he did not want to see the Council or the public put through what they had been put through when the computer convention was in town. They had to exercise a good neighbor policy. Mr. Leigler reported that they had answered all the letters and they met with the people in the neighborhood regularly. He wanted very much to move ahead quickly and do something about the land they already owned just across the street from the. Convention Center which was to become part of the Betterment II Program permanent parking lot by utilizing it for parking now. If they were at least able to grade it, oil it and put a curb break in it, they could park 1600 cars on that land. In addition to a considerable amount of revenue that would be generated, their major concern was getting the automobiles off the street and although they wo~ld not necessarily guarantee that it would do so, it would help. They were working with the'City Attorney's office to bring the matter to the Council's attention soon on an emergency basis because they felt that they did have an emergency. They needed something now, tomorrow, as quickly as possible, to relieve the parking congestion. They were using the Disneyland parking lot, White Front's lot and at times, the Stadium. In the morning, prior to the budget meeting, Mr. Stotereau and he met with the Traffic Engineer, Police Department and the Garden Grove Police Department, as well as numerous other staff members, to formulate an answer to the parking situation. He felt that the answer would be forthcoming to the Council in the document from the Traffic Engineer. The Mayor asked if it was a permit parking system; Mr. Leigler answered, of all those in the meeting that morning for the reasons that would be stated, permit parking was not a recommendation. After a brief discussion between the Mayor and City Manager regarding the parking issue, the Mayor stated that they had to find a way to utilize that area for parking 1600 cars immediately if it could be done in a cost effective manner. 80-711 City Hall, Anaheim~ California - COUNCIL MINUTES - June 10~ 1980~ 10:00 A.M. City Attorney Hopkins reported that although he did not attend the morning meeting, the matter was discussed yesterday. The conclusion was that they could consider maintenance and repair to be involved on the subject property. He also understood there were weeds that had to be abated and the land smoothed over. If there was going to be a permanent parking structure built, under the Charter, it would require that the job then be put out to bid. In this case, however, they were talking only about maintenance and repair. The Mayor then directed that it be done and asked if it would pay for itself; Mr. Liegler answered that it would not only pay for itself, but also would show a substantial profit for the period between now and September even though tem- porary. Councilman Roth noted that although it was a good idea, hotline messages indicated that the Convention Center parking lot was partially empty, but patrons were still parking in front of the residents' homes. He originally opposed permit parking, but now he saw no alternative to it because people were still going to try to save the $2 parking fee. Mayor Seymour stated if it was appropriate to utilize the land for parking 1600 cars in accordance with the procedure outlined by the City Attorney, what direction was necessary to have that accomplished immediately. City Manager~Talley answered if the money were appropriated from the Council Contingency Fund and the City Attorney assured him there were no legal problems, they could proceed on the job, the estimated cost of which was $30,000. They would, however, have to get someone to do the job because they were totally committed in the City. Mr. Liegler confirmed that Mr. Piersall's crew was committed and they had received one bid from the person who did all their motocross work and indicated he would be able to do it for approximately $30,000. Cooncilman Roth left the Council Chamber. (12:01 P.M.) City Manager Talley stated they were eventually going to need the parking and as long as the Council was going to a weed abatement project and they directed him to do it, he had the authority to do so. Otherwise, the Council had to demonstrate the situation was an emergency in order to circumvent the bidding procedure as required in the Charter. The Council indicated that it was a weed abatement and maintenance program. City Attorney Hopkins stated that weed abatement and other aspects of smoothing the land over and making it safe were considered maintenance and repair and thus excluded from the bidding requirements. If they blacktopped the property, they would have to consider it an emergency, whicb would require a special resolution of the Cot~ncil. MOTION: Councilman Seymour moved to appropriate $30,000 from the Council Contingency Fund to initiate a weed abatement and maintenance project on City-owned land across the street from the Convention Center which would allow for the parking of an additional 1600 vehicles. Councilwoman Kaywood seconded the motion. Councilman Roth was temPorarily absent. MOTION CARRIED. 80-712 CitM Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. The Mayor then asked for further input relative to the restrooms, first aid and security on the first level of the Stadium. Councilman Ruth ~ntered the Council Chamber. (12:05 P.M.) Mr. Liegler confirmed that they did not have any restrooms on the level which was equal to the field level of the present stadium where everybody entered from the parking lot. It was his opinion that they needed restrooms in that location, however, they could not get them constructed by opening day of the football season. City Manager Talley explained that one thing they had been specifically requested not to do was engage in any further change orders. They were trying to get done by August 1 and after that, they could go back and do whatever else was necessary. Somehow that item was overlooked in all the checklists. Mayor Seymour asked that there be more future discussion on the issue. Councilman Overholt then referred to a golf course matter and stated it was his understanding there was a recommendation coming through the Golf Course Advisory Commission that an architect be retained to see if there could be some redesign to further improve the situation at the Anaheim Hills Golf Course. Mr. Leigler explained that the Golf Course Advisory Commission had requested the Council to proceed and hire the architect and the recommendation would be forth- coming shortly. The Advisory Commission had taken action over a year ago and submitted it to the Council on two occasions. City Manager Talley stated that the funds were budgeted in next year's budget, and Mr. Liegler could be directed to solicit proposals and bring back a rec- ommendation. It could be approved on June 24th, to be effective July 1, and no time would be lost at all. HUMAN RESOURCES DEPARTMENT (PERSONNEL): City Manager Talley announced that the subject budget was contained on Pages C41 through C5! of the Resource Allocation Plan, Control Centers 35 and 80, Capital Improvement Program, Page D28, and Position Control, Page El2. Mr. Garry McRae, Human Resources Director, explained that they acquired Program 148, the Youth Programs for the CETA Program budget at $191,437 for FY80-81, and the Human Resources Department staff was increased by nine positions including six counselors, one counseling supervisor, one ITC and one payroll clerk. Benefit Manpower staffing was up one position by an ITC in their Benefit work unit. The position had been filled formerly by CETA and had been vacant for several months. Since the first half of the year, it had been filled by an employee on loan from the Police Department, using work hours from the Human Resources Department. The position being created and the work hours for that position Was committed to be reduced by approximately one-half in 1982 when the Benefit System, part of the Payroll/Personnel System was online. They were looking for the position for approximately the next two years and then the work hours would be available for other activities or would be eliminated in 1982. Any discussion of the Human Resources Department budget had to recognize the dramatic impact of labor negotiations on their budget this year. They Would 80-7[ City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. be negotiating this summer with four employee organizations on five labor agreements and they anticipated that during the first six months of this budget year, that their resources in employee relations would be absolutely committed, and it would probably take two or three months of hard work. Council should also be aware of the employment programs discussed earlier relative to the Poli~e Department. There were operating departments at present who may be requesting an improvement in the level of service for their employment work unit. He then gave a historical perspective relative to that issue. Mr. McRae then referred to their Capital Improvement Project for completion of Phase I of the Personnel/Payroll System. He gave a historical overview of the initiation and implementation of that system. The 1980-81 proposed budget for Capital Improvement Project 924 (Page D28), Phase I, was $65,176 of which only $21,000 was directly relatable to the cost that were expressed in the $181,000 he mentioned earlier. The budgeting tech~ique th~ year. with which he agreed, would include those non-Data Processing work hours as part of the CIP which was unique in Data Processing projects. Councilman Bay then asked how Mr. McRae was going to get them more police officers; Mr. McRae referred to Dave Hill, Personnel Services Manager, who had done some research on the matter, since it was broached earlier in the session. Mr. Dave Hill reported that the problem was not short-term, but long-term. The traditional labor market for police officers was shrinking and would continue to do so. The young people traditionally recruiting into that occupation were a smaller group. In order to enhance police recruiting, it was his recommendation that there be two major thrusts: (1) They could increase their processing where seven or eight simultaneous processes could be in progress, thus being able to accommodate people when they came to the City indicating their interest in employment; and (2) Both the Human Resources Department and Police Department had to make a marketing on being an Anaheim Police Officer. They were beginning to find that people were out at the community and State colleges and places where there were potential employees marketing for the Los Angeles Police Department and Highway Patrol. In order to compete, Anaheim also bad to get into more of a marketing program. At the present time, there were nine police officer vacancies and there were 48 individuals who had completed all the Human Resources testing and who were now at the Police Department for background investigation. At this point, the Police Department had decided to perform background investigations on only 26 of the 48. They had a high dropout rate of one-third to 50% failing medical exams, and one-third to 50% failing psychological evaluations. In order to meet the Chief's objective of over- hiring to expend all of their budget resources, it would be his (Hill's) recom- mendation to increase their processing and initially begin with a monthly process so that anyone walking in could get into the next police officer process. There would then be six or more processes going on simultaneously. Additionally resources required would be one employment representative to deal with the applicants and clerical support. In terms of notification of the applicant and maintaining records and files, approximately a one-half-time position would be necessary if they used the mails and up to a full-time position if they elected. to speed the process by using telephone notification. He cautioned that they would also have to consider adding resources in the Police Department in order 80-714 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 10:00 A.M. to insure when the process was finished in the Human Resources Department and the candidate proceeded to background investigation, that the entire process was streamlined and not just Human Resources. Mayor Seymour then questioned Mr. McRae relative to Personnel/Payroll System; Mr. McRae, after elaborating on the matter, deferred to Mr. Jim Curtis, Systems and Programming Manager, who had specifically been working with the process along with Dave Hill. Mayor Seymour first stated if the committee who determined they should go with the Wang System, as explained by Mr. McRae, because it was the best, wbat did they find wrong with other public agencies' payroll systems? Mr. Jim Curtis stated that they looked at Los Angeles and that system was far too large and complex. There were very few other government agencies that really had adequate payroll systems. They were all very old and archaic systems. The only other public agency they were able to contact that had an adequate system was Oakland and theirs was the Wang Payroll System. That was one of the reasons why they decided that possibly Wang was the best choice. The County of Orange payroll system was written for the Univac Computer, and they were still running on the old RCA equipment. Mayor Seymour asked the pros and cons of taking the payroll system itself and pushing it out to the private sector. Mr. Curtis answered that it could be done, but would limit the information that would be available to Finance and Personnel as it related to people working for the City. It would only produce checks and a register and that was all. The Mayor stated he had a great deal of concern with the type of things they were building at a cost of $100 per employee. That was where they were headed, and he wondered what they were going to get, how important was the information, was there a way to get it, and did they really need that information. His concerns were growing and since they had only looked at Los Angeles and talked to some people in Oakland, he wondered if they had exhausted all alternatives before making such a commitment. Mr. Curtis explained that one of the advantages of the Wang System, was it would have a report generator program which allowed people in Finance and Personnel to quickly code their own requests for reports, submit them and get the reports back very shortly, eliminating the need to contact Data Processing for those reports. The Mmyor asked Assistant City Manager Hopkins what kind of system were they utilizing in Sunnyvale. Assistant City Manager William Hopkins stated it was an online system (an IMS System) uniquely structured in very modern language entirely different from the type of computer language used in Anaheim. Anaheim had a hardware and language problem and the option they had chosen was the best. They had many reports that had to ~ come out of the system generated for many purposes. The Event Personnel/Payroll System and the Personnel/Payroll System were being blended together, giving one 80-715 City. Hall, Anaheim, California - COUNCIL MINUTES - June 10p 1980, 10:00 A.M. package for both payroll systems. He then explained technicalities of the system, as well as the amenities to be derived. They were dealing with several factors, one being the absolute necessity of bringing up a new payroll system, since they were just marking time with the present system. Councilman Roth asked about bidding the system out to private industry; Assistant City Manager Hopkins explained the difficulties involved, concluding that one system would be primarily geared to generating paychecks, while the other would provide a spread of information for all programs. A discussion then followed between the Mayor and Mr. McRae relative to 'cost for the system, at the conclusion of which, Mr. McRae confirmed that 1979-80 costs were $240,000. That was the amount of the system at present and last year it was $65,000 (Page D28) and $57,000 in another. He also confirmed for the Mayor that $362,000 was tied up in the Personnel/Payroll System at present. Mayor Seymour stated that represented over $150 per employee, and he could not be part of that; Councilwoman Kaywood asked the Mayor his alternative. Mayor Seymour stated they should go back and take another look at the situation, something that should have been done at the initial committee level since they only looked at Los Angeles and talked to Oakland. There were other public agencies in the State who had found a way to get by. Mr. Curtis clarified those were the only two agencies that had a system comparable to Anaheim. They also talked to San Diego briefly but their system was also very large and complex. The other agencies all had small computers and had smaller payrolls. Councilman Overholt stated that apparently the commitment to the system was made some time ~o, and they were about re~dy to complete it. Mr. Curtis confirmed his understanding and explained that they would be bringing up the Payroll/Personnel System the first of October, and the Stadium and Family Foresome payroll approximately December 1. CQuncilman Overholt stated what he was hearing was that an investment of $191,000 had already been made and being requested was another $65,000 to complete the payroll system and an additional $55,000 to complete the system. They were approaching the point of completion and now were having second thoughts. Both Councilwoman Kaywood and Councilman Bay noted that they were not having second thoughts; Mayor Seymour stated he was not having second thoughts--he had expressed concern about the whole function of Data Processing from day one, and it was now leading to the situation before them. Councilman.Overholt stated they were at the end of a project, and he would have a real concern in stopping the completion of the project at this point wherein the City had already ~nvested a substantial sum of capital. He felt there was a philosophical difference--the Mayor was thinking in terms of a payroll system, whereas Data Processing and management were thinking in terms of a system which was going to give cost effective information to other aspects of City operations other than payroll. The majority of the Council approved the system initially and they had gone this far. It seemed imprudent to stop it at this point, just short of completion. 80-716 C~ty Hall, Anaheim, California - COUNCIL MINUTES - June 10~. 1980, 10:00 A.M. Councilwoman Kaywood asked if they were to go to a straight payroll system and then attempt to obtain the other information, what would the cost be between one and the other. Assistant City Manager Hopkins stated that was difficult to answer because to generate the type of data they needed, they would almost have to have another system to do that which he explained. It was not only a thorough system, but also a personnel system. It was very complex, but he felt the end results would be helpful to management staff and the Council as well. Councilman Bay asked if it would end in the reduction of personnel; Mr. Hopkins stated the standard was that they not add any personnel. Councilman Bay noted that was the bottom line on any mechanized system. If it did not result in tangible savings somewhere down the line, money would be wasted. He would look forward to mechanized systems as used in the City to either reduce any increase in personnel, or result in actual tangible reductions in personnel and money. Mr. Hopkins agreed that was a valid position. RECESS: By general consent, the Council recessed for 25 minutes. (12:55 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (1:20 P.M.)) ADJOURNMENT: Councilman Seymour moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. · Adjourned: 1:20 P.M. 80-717 _C_i_t~ H__a_l__l_..,___A~?j_!ez'_i_!n_,_..!~.~li[9_r_n_i_a_~ _-___C_O_I~NCI L MINUTES - June 10, 1980, 1:30 P .M. The City Council of the (]ity of Anaheim met in regular session. P RESENT: AB SENT: PRESENT: COUNC1L MP24BERS: Overholt, Kaywood, Bay, Roth and Seymour CO!}NCI l, MEMBERS: None CIYY bb\NAGER: William O. Talley CITY ATTORNEY: W~lliam P. Hopkins Ct'f5~ CLERK: Linda D. Roberts PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt RISK HANAGER: ,Jack l,ove FINANCE DIRECTOR: George P. Ferrone COMMIJNI%)f DEVELOPMENT EXECUTIVE DIRECTOR: Norman J. Priest CITY LIBRARIAN: William J. Griffith ELECTRICAL SUPERINTENDENT: George H. Edwards CITY ENGINEER: William G. Devitt TRAFFIC ENGINEER: Paul Singer ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti I{OI!S'ING biANAGER: Lisa Stipkovich Mayor Seymour called the meeting to order and welcomed those in attemtance to the Council meeting. ._I__NV__O~_A_'I:'_I_p_N_½__ Dr. Wayne t~aust, First Presbyterian Church, gave the Invocation. FLAG. SALUTE: Coum:::ilman Don Roth led the assembly in the Pledge of Allegiance to the _!_I_9_!._....!jg'j['~Rj?_I_)?_L_.'~'.i?_N._f'.-..~_~_I_S_~S__/~A}~5~Ma t980: Mr~. Eran Mauck introduced to the Cotlncil H.i.~s Diane Nether, Miss Anaheim of 1980. Mayor Seymour welcomed and congratulated Miss Mather on behalf of the Council and presented her with. a replica of the Big "A", roses, and a briefcase with the Cf ty Seal. ]19: :" : The fei ' proc]amatious were issued by Mayor Seymour and authorized by Lite City Council_: "Amateu~ Radio Week in Anaheim" - -June 23-29, 1980 "tkmor America Days in Anaheim" - June 14 through July 4, 1980 Fir. [Fed Kraemer accepted the Anmteur Radio Week proclamation. l_?_:____Ib:lj~jf(~'!~_g__Ij_)?l_!.. A resolution of an of:Ticial invitation was unanimous.ly adopted by the City C~unci. 1 inviting the youthful bands of the world to par- ticipate in the first "International Music Olympics" to be held in the Spring of 198i itl Anahe~m. Dr. .'Jack Brow7~ accepted the resolution of behalf of the "Committee of 76" created to promote the "International Music Olympics" and then iutroduced C.~ppy Brown of the Anaheim Union High School District, who presented Mayor Seiqnour with a gold "medal" as the first member of the 76-member committee. 1t9: RESOLUTION OF CONGRA'HJLATIONS: A resolution of congratulations was unanimoulsy adopted bv the City Council and presented to Mrs. Josie Montoya for her many hours of unselfish dedication for the rights of Hispanics through- out Orange CountM and her countless hours of volunteer work in VISTA and on her selection for this National recognition. 80-718 [ifcrnia - COUNCII~ MINUTES - June 10, 1980, 1:30 P.M. MINUTES: CounciJwomaa Kaywood moved to approve the minutes of the regular meeting of March !!, 1980, subject to typographical corrections. Councilman Bay seconded ~he motio~q~ MOTION CARRIE]). WAIVER OF REJH)ING -- ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading in fut] of all ordinances and resolutions of the Agenda, after reading of the ~Jt]c thereof by the City Clerk, and that consent to waiver is hereby given by ~311 Council Members, unless after reading of the title, specific request is mc, de by ~ L.oun~,.i[ Hember for the reading of such ordinance or resolution in regular order, <'.ouncilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAl, DI!PL~[,.!DS A(7;:'.,!_NST ~I{E C1%~ in the amount of $6,429,035.09, in accordance with the 1979-80 Budgc't, were approved. ].77: COMMUNII! DEVELOPMENT STATE AFTERCARE PROGRAM: On motion by Councilman Overholt~ seconded by Councilwoman Kaywood, the Mayor was authorized to sign a letter endorsing the Housing Authoritv's application for 30 units of "existing" Section 8 Housi~tg .A,~;sistance under the Community Development State Aftercare Program, as recommended Jn memorandum d~ted June 30, 1980 from the Executive Director of Communit5' Development, Norm Priest. MOTION CARRIED. 123: AEDC - AHENDMENT TO AGREEMENT TO PROVIDE BUDGETARY FLEXIBILITY: Council- man Bay offered ResoJt~tion No. 80R-253 for adoption, as reco~nmended in memorandum dated May 30,- 1980 from the Executive Director of Community Development, autho- rizing art amendment t.', an agreement with the Anaheim Economic Development Corpor- ation (AEDC), dated ~lacch 27, 1979, to provide budgetary flexibility with their allocation and zo clearly define activities and duties of the Corporation. Refer to Resolut:fon Book. RESOLUTION NO. $0R.-253: A RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF ANAHEIM APPROVING THE TFRMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH ANAHEIM ECONOMI6 DEVEI.OPHENT CORPORATION AND AUTHORIZING AND DIRECTING THE MAYOR AND CIIY CLERK 'FO EXECI!TE SAIl)AGREEMENT. Roll Call. Vote: AYES: NOES: ABSENT: Overholt, Kavwood, Bay, Roth and Se)qnour None N o n e The NaS, or decl~:~d !{( ;ol~tion No. 80R-253 dul.y pass.ed and adopted. 160: PURCHASE OF EQUIPMENT - STREET SWEEPING SIGNS - BID NO. 3654: On motion by Councilman Overholt, seconded by Councilman Bay, the low bid of Pacific Precision Products was accepted and purchase authorized in the amount of $13, 439~ 47, including tax, as recommended by the Purchasing Agent in his memo- randum dated June 3, 1980. HOTION CARRIED. 123/150: SUMMER PILOT PROGRAM - PARK RANGER PATROI,S ON SCHOOL AND PARK FACILITIES: On motion by Ceunc:i lmau Roth, seconded by Councilwoman Kaywood, agreements were authorized with the Anaheim Union High School District, Anaheim Elementary School District, Nagnolia Elementary School District and the Placentia Unified School District for participation in the summer pilot program that provides Park Ranger patrols on school ~v.d park facilities, and $6,337 and 1245 hours were appropriated 80-719 _Ci_t_y~ Hall, Anaheim, California- COUNCIL MINUTES- June 10, 1980, 1:30 P.M. to Program 271 for i:he purposes of the program, as reconmaended 2n memorandum dated Jtme 3, 1980 t!rom Deputy City Manager James Ruth. MOTION CARRIED. Councilman Roth co~mnended staff for the fine program recommended; the Mayor also thanked Mr; Ruth and Jack Kudron, Recreation Superintendent, on devising the program. I-Ie also stated that they appreciated the cooperation of the school district and school board as well. 169: AWARD OF CONTRACT .tNSIALLA~IO AND REPLACEMENT OF INCANDESCENT STREET LIGHTING LUMINAIRES--CENTILAL Gl'Fl NEIGHBORHOOD STRATEGY AREA I: Account No. -~--~76~7'~J~8--2-~-~-~8~-7~'~-~2~0~- --F~i]- G--~-~-~ E~-W~d~ E~-C~'i. cal "~Tin tendent, firs t answered questions posed by Councilman Roth for purposes of clarification. In concluding their discussion, Couuci]man Roth stated that he hoped there would be bert-er e:~'.p~rience wi~h the replaceme~ts than the experience he had seen with the st~'~et lights iu Anaheim Hills. Councilwoman Kaywood offered Resolution No. 80R-254, awarding a contract, as recommended 'in memorandum dated June 10, 1980, froln the City Engineer. Refer to Resolution Book. RESOLUTION NO. 80R--25A: A RESOLUTION OF THE CITY COUNCIL OF THE CI2T OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST 'RESPONSIBLE BIDDER FOR 25tE FURNISHIN(; OF ALL PLANT, LABOR, SLRVICES, MATERIALS AND EQUIPMENT AND Al, l, IITII,ITIES AND TRANSPOR'FATION INCLUDING POWER, FUEL AND WATER, AND PERF'Oi~IINC ALL I4ORK NECESSARY TO CONSTRUCT AND (')MPLETE THE FOLLOWING PUBLIC IMPROVEMENT: INSTALLATION AND REPLACD4ENT OF INCANDESCEI{T STREET LIGHT1NG Lt~MINAIRES - IN CENTRAL CITY NEIGHBORHOOD STRATEGY AREA I, IN THE CITY O? ANAIiFTIM, ACCOUNT NO. 25-676-6328-11080-37300. (Smith Electt-ic Supply, $104,700) Rol_l Ca ll Vote AYE S: NOES: ABSENT: COUNC I L bIFMBERS: COUNCIL blEMBERS: COUNCIL MENBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-254 duly passed and adopted. 175/155; 1NTERMOUNTAIN I'OWER PROJECT - CERTIFICATION OF EIR AND APPROVAL OF POWER SALES CONTRACT: Cotlncilman Seymour offered Resolution No. 80R-255 and 80R-256 for adopt[on, as recommended in memorandum dated June 5~ 1980 from the t'ubl.ic Utili. tJes Ge,.eral Manager, Gordon Hoyt, certifying that the Environmental Impact Statement p.repared by IPP is in compliance with the California Environ- mental Quality Act and authorizi, nga Power Sales Contract with the Intermountain Power Agency to purchase e]ectrlc capacity and energy. Refer to Resolution Book. . RESOLUTION NO. 80R--255: A RESOLUTION OF 'DiE CITY COUNCIL OF THE CITY OF ANAHEIM CERT,[FYING THAT AN ENVIRONMENTAl, 1MPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAI~ QUA'LITY ACT. RESOLUTION NO. 80R--256: A RESOLUTION OF 'DIE CITh' COUNCIL OF' THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A POWER SALES CONTRACT BETWEEN INTERMOUNTAIN POWER AGENC, Y AND Till,; CiTY AND AUTHORIZING TIlE bPXYOR AND CIIT CLERK TO EXECUTE SAID AGREEMENT, 80-720 City Hallo___Anahe~m California - COUNCIL MINUTES June 10, 1980, 1:30 P.M. Before a vot'e was taken, the Mayor stated, in offering the above resolutions, the final questior) on the IPP was answered at last Tuesday's (June 3, 19801 election with a 3--1 vote of the people favoring the City's participation in IPP~ On belmlf of the Couucil, he thanked Mr. Hoyt for his tenacity and per- severence, as.well as for the work, hours and labor comitted to the project by the Public Uti]it:ica Board. lie had done a superb job and all the words he cou].d offer would uot begirt to say what the Anaheim voters said in their vote-- the citizens wer~~ beCk,nd h:im~ [te knew that Mr~ Hoyt, the Public U~i]ities Board and the C, Jty (ouncii would not: do anyth:~ng that: would betray the trust that had been pJa~ed in them~ A vote was then taken on the foregoing resolutions. Roll C,~ll Vote: AYES: NOES: ABSENT: COUNCIL ~ " ' COUNCfL NEHBERS: Overho]t, Kaywood, Bay, Roth and Seymour None N >Il e The Hayor dec]aF'cd ;~t:soJ~,l:ion No. 8OR-255 and 8OR-256 duJy passed and adopted. 123: CONTRACT LOSS 'INFORbIATION SYSTEM - SELF-Afl)MINISTERED WORKERS' COMPENSATION ?.ROGP~_:~._{_'.._ On mot:ion by Cot..mcilman 8ay, seconded by Councilman Overholt, an agree- ment was author/zed with Ron Fleming, dba Sanford Systems, at an initial design and set up charge o~ %6,700 ([nitia~ input expense) and $7,200 annually, to pro- vide the City with ~ (lonLrac:t Loss Information System incidental to its self- administered Worker's Compensation Program, as recommended in memorandum dated June 4, 1980 f~om the Ri. sk Ma~.qager~ Jack Love. MOTION CARRIED. 123: CI']NTP, EX 1i S{S'I'EM FOR ANAHEIM STADILrM: On motion by Councilman Roth, seconded by Council. man Seymour, a business service application was authorized with Paci. fic TeJcphom:, for a Centrex II System for Anaheim Stadium at a one- time installation c[mrge of $9,986, and authorizing ,John H. Roche, Jr., to ex'ect~te said apt~,iii,:~tion, as recommended in memorandum received June 10, 1980 from Mr. Roche. HOTION CARRIED. 121/175: AC~2UiSITION OF SOUI~tERN CALIFORNIA EDISON DISTRIBUTION FACILITIES (CON- D_E?_!N_A_T_I~!N____N?_:__I__!_)_:__ Councilwoman Kaywood offered Resolution No. 80R-257 for adaP- tion, as recommended in memorandum dated June 5, 1980 from the Public Utilities Board, determining the public' interest and necessity for acquiring certain real and p{ersona] p)~Fqot~r',.4.' ~nd authorizing condemnation proceedings to acquire Southern California Edison Comp~ny distribution facilities (Condemnation No. 111. Refer to Res?jution RESOLUTION_: ........... NO._:SOR---257:_~ ........... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERNINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING CERTAIN REAL AN]) PERSONAL PROPER~ AND AUTHORIZING THE CONDEMNATION ~UHEREOF. Roll Call Vote: AYES: NOES: ABSENT: COUNCIl, MEHBERS: COUNCIl, MENBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Se>qnour None None The Mayor declared Resolution No. 80R-257 duly passed and adopted. 80-721 Hall, Anaheim, Califounia - CO[JNCIL MINU'I.'f'JS -.June 10, 1980, 1:30 P.M. 123/175: SAN ONOFRE ELECTRIC REVENUE BOND ISSUE OF 1980: On motion by CounciIman Overholt, seconded by Couucil.man Rot-h, an agreement was authorized with Price Waterhouse and Co. :in an amount not to exceed $8,000, to perform the certatin work in connection wJt-h the proposed San Onofre Electric Revenue Bond Issue of 1980, as recommended in memorandum dated June 5, 1980 from the Public Utilities Board, MOTION CARRIED. 10'5: SENIOR CITIZEN CO}fM]SSION RESIiGNAT!ON - HERB ECGETT: On motion by Council- man Roth, seconded by Councilwomau Kaywood, the resignation of Herb Eggett from the Senior Citizen (iotmnissicm~ a.~ given in letter dated May 23, 1980, was accepted. MOTION CARRIED. City Clerk Linda Rober-ts announced that the first: available meeting for making an appointment to the subject Commission to fill the above wicancy was June 24, 1980. The Mayor asked that it be placed on the Co~mcii agenda that date and that the Council also be preparec~ to renew, reappoint or make new appointments to all City boards and commi~;sio~s op Jm~e 24, [980 for the terms expiring June 30. !_0_J:_ A__p_P_O__I_N_'?~[_"i_N_~J"._':_r?___j![HE_..~]pjL_i:'. _(~?.I'_!_~.~.!!2__AD__V_[._S.O__RjL_~(_)M>!_I SS_~f.__ON.:_ Counc i lwoman Kaywood nominated Dr, Ralph t~idde]! r~:-~ appoir~tee to the Col f Course Advisory Commission, Councilman Seymour r'~omin.:~ ted Bil il Swisher. Counci]man Bay mowed to closo nomiuat;ions for appointees to the Golf Course Advisory Commission. Courm :i !mar, Rott~ seconded the motion. MOTION CARRIED. A roll call vote was then taken on the two nomi~mes in the order of their nomination, the fJrst be(~?, Dr. Ralph Ridde]]: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Seymour NOES: COUNCIl_, MEblBERS: F,t~. t h Dr. Ridde]l thereupon was appoil~ted to the Golf Course Advisory Commission. Before concluding, the Mayor ~';tated the reason he nominated Bill Swisher was due to the fact that he represented tile Men~s Cl.ub at the Anaheim Hills Golf Course and had been involved in the community for some time. Although he felt personaliy that Dr. Riddell was more qual:[fied than Mr. Swisher, he wanted to place his (Swisher~s) name in nomination and on the record so that on the next vacancy, the Co~ncJJ could consider Mr. Swisher. He (Seymour) was fearful of an imbalance on t:he Commission due to its makeup of representation from the Dad Miller Coif !2ourse, as opposed to the Anaheim Hi]is Course. Councilman Roth stated the ~?eason he voted against the foregoing motion was due to the fact that in tile past the precedent had been to ask for nominees from the Cormnission and Mr. Swisher~s name had been offered. He would have hoped that Jf Dr. Riddell w~s -[nt~rested in a position on the Commission, he would have submit:ted his ~lam. e t:~ tile Commfssion ff~st-, Mayor Seymour stated he hoped they never set- ~ precedent in which they were bound to accept any recommendation from any Commission. Otherwise, the elected body would forego its right to appoint a]] boards and commissions. 80-722 ~City Hall, Anaheim, California - COUNCIL MINUTES - June ]0, 1980, 1:30 P.M. Councilwoman Ka~vwood stated that she had talked to Bob Messe, Chairman of the Golf Course Advisory Commission. He did receive a letter from Dr. Riddel] relative to his interest in serving on the Commission and was perfectly amen- able to his appointment. 105: RESIGNATION FOR YOUTH COMMISSION - CHRISTINE MURPH/': Councilwoman Kaywood moved to accept with regret the resignation of Christine Murphy from the Youth Co~rm~ission in her ]etter dated May 31, 1980, with a letter of thanks to be sent for her serv'ice. Councilman Seymour seconded the motion. MOTION CARRIED. Councilwoman Kaywood asked that they also be prepared to fill that vacancy on 'June 24, and that it be posted and advertised accordingly. After a brief discussion relative to filling the vacancy, it was decided that in order to be assured of a sufficient number of nominees, that vacancy not be acted upon until mid-July. 105: APPOINTMENTS TO THE ANAHEIM ECONOMIC DEVELOPMENT CLkRPORATION BOARD OF DIRECTORS: Councilman Bay referred to letter dated May 23, 1980 from John Flocken, President, MCP Foods, recommending that the current appointees for ~he two seats under consideration be reappointed to the Board. He thereupon nominated Mr. Thomas Schuler of Rockwell International and Mr. Fred Bercher of Delco Remv to the AEDC. Councilwoman Kaywood seconded the nominations. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, nominations to the AEDC were closed. MOTION CARRIED. Schuler and Mr. Bercher were thereupon unanimously reappointed to serve on AEDC i-or the term ending June 30, 1983. 105: CODE OF CONDUCT - APPOINTEES TO BOARDS AND COMMISSIONS: Councilman Overholt referred to letter dated June 4, 1980 received from Mr. Louis Dexter, 305 North Ranchito, which he asked be read into the record since he could not be present at the meeting ~oday. tie (Overbolt) then read the letter in full (on file 'in the City Clerk's office) which was addressed to the City Council with copies to the City Manager and the City Clerk. The essence of the letter was contained in the second to last paragraph as follows: "In consideration of the above I recommend that: the Anaheim City Council establish a policy governing the public behavior of the Council's appointed comm±ssioners, board members, and committee members and that such policy incorporate a set of guidelines or a code of conduct which prohibits the kinds of activities by city commissioners, board members, and committee members elicited above." The Mayor stated that relative to the suggestion, he hoped that the Council would respond so that it would not require Mr. Dexter to make a second appear- ance. His personal opinion was that a policy relative to how their appointees on boards and commissions conducted themselves would only hamper the process that he believed needed to be as flexible and as open as possible in exercising the. ir legal right as elected officials to have members serve at the pleasure of the Council, and at: the w~ll of the Cou~cil, be removed. That process should remain pure, not complicated or hindered by some standards that the Council and the pubt£c would find themselves arguing over as to whether or not there had been a violation. He felt that the Council's actions in the past exercised what they, as a majority, felt relative to the continuation of any appointee 8o-7-23 ~ity Hall, Anaheim, C~lifornia - COUNCIl, MINUTES - 3une lap 1980, 1:'30 P.M. on any board or commission, tte did not think it was necessary to have a written po]icy to affect rhat~ Thus, he felt tl~e reconunendation to be snperfluous which only made more comply, x, the exercise of judgment aud decision-making by the Counc i ]. Councilwoman Kaywood stated she fel. t there was a great deal in what he (Dexter) stated and there was a lot more to say to it. If the Council acted when they should, however, ther,:~ was no need for it but the perception from the public could be d:iffer'ent than that of the Council. Councilman Bay stat~d he was opposed to what might be called a code of ethics as .~uggested. tle agreed with the Mayor to the extent that anyone on a board or commission should have a free rein to express their views both before and after the decision of that board, because the Council bad the power anytime the majority ~,as displeased to .remove them easily. There had been a tendency of the Council to move slowly on read,ovals from boards ;~nd cormnissions mainly with the idea of giving a free rein to the thoughts of the people from ~..~hom they were seeking advice.. He personally did not favor setting up a rule as suggested by Mr. Dexter, because £t would h~]mstring the free thought and expression that they wanted to i~ear o Councilman Rot!~ stat'c,d perhaps he did not understand what Mr. Dexter was trying I;o d~ and [f he want~:~d to adpear be~ore the Council to amplify his position, i~..~ si,o*Jld feel fr'oe ~o do so. Co,,~nci]man Overholt s:tnted they should thank Mr. Dexter for bringing his rec- on~u:ertd;]ti, on to them. He agreed with the blayor and he personally welcomed dJ~ont ,on those b~avds and commissions because witl-out that, they would only be a ~'[:bbe~ stamp ;~dvisot-y board. What he objected to, however, was destructive di. sser:t, but he did not think that rules and regulations could be drawn to cover ~'..~ questio,. When a member engafi.~d in destructive dissent and was disloyal to the body ,who appointed them, he felt it incumbent upon the Council to remove tbem~ 170: TENTATIVE TtLACT NOS. 9601, 9794 AND 9745 - EXTENSIONS OF TIME: Request by Mikio Miyamoto, Bo~]ev;~rd Development, For an extension of time to Tentative Tract Nos. 9601, 974-/~ and 9745, to permit 30 RS-HS-22,000(SC) lots on property located at the nOL'theast co,'nor of Canyon R~m Road and Fairmont Boulevard. On motiort 1oy Cot~ncJlman Roth, seconded by Councilman Overholt, the request for extensions of time to Tentative Tract Nos. 9601, 9744 and 9745 were granted, to expire July~_, '~ 1981, as recommended by the Zoning Division. MOTION CARRIED. .C_O_N~ENj[.J}ALE____N~I_)._A_~.._lj]j][i.S_;_ On motion by Councilman Roth, seconded by Councilman Overholt, the follow:lng a(:tions were autht~rxzed Jn accordance with the reports and recommendations furn-ished each Council Member and as listed on the Consent Calendar Agenda: ]. ].18: CLAIlIS AGAINST THE CITY: The following claims were denied and referred to the [,it) ~ Cla~m~; Adm~n'~strator or p~yment allowed: a. Claim submitted by Mr. Olivia Jauregui for personal injury damages purportedly sustained as a -cesulI: of s~dewalk condition in front of 619 West Broadway, causing a fall, on or about bIav [2, 1980. 80-724 Citz Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. b. Bettie }lodge for personal injury damages purportedly sustained as a result of claimant being struck by golf ball at Anaheim Hills Golf Course, on or about March 23, .1980~ c. Ella Marie Silvey for damages purportedly sustained as a result of .loss of personal property at the Anaheim Police Department, on or about May 10, 19.80. d. Claim submitted by Aetna Casualty & Surety (Nancy Kilborn, Insured) for vehicular damages purportedly sustained as a result of malfunctioning traffic signal on Euclid at the eastbound off-ramp of the 91 Freeway, on or about Msrch 11, 1980~ e. Larry Crandal], Managing Partner of Longfellow's Restaurants, Inc., for dsmages purportedly sustained as a result of loss of power due to a.ccident on Kate]la Avenue, west of subject rest.-~urant, located at 710 East Katella Avenue, on or about Ma5, 2, ]980. f. Claim submitted by David E. Kessinger for damages purportedly sustained as a result of ];~.~ng charged for parking at- the Convention Center on order by a Police Officer, on o~~ about May 22, 1980. g. Claim submit:ted by Ruben Canales Hercado, Jr., for personal injury and vehicular property damages purportedly sust~ined as a result of accident in- volving City employee and vehicle, at the intersection of Illinois and Santa Aha St~'eeta~ on or about March 27, 1980. h. Claim submitted by Manuel Lopez Orozco for personal injury damages purportedly sustained as a result of automobile accident at the intersection of Miller and Miraloma wher~e a street light operated deficiently, on or about February 12, 1980. i. Claim submitted by Facific Tastee Freez, Inc., for damages purportedly s~stained as a result of water service ~hut-off to Tastee of Anaheim Center, .800 West; ~nco]n Avenue, on or about May 16, 1980. j. Claim submitted by Rov~ Pacific Corporation ~for damages purportedly sustained as a result of heavy equipment traveling across parking lot of Anaheim Hills Professional Center, 6200 Canyon Rim Road, on or about March 6, 1980. k. Claim submitted by Deanna K. Short for minor, Tamara Lynn Short, for personal injury ¢!amages purportedly sustained as s result of claimant being struck by a city-owned vehicle, at or near the intersection of Gilbert Street and Ball Road, on or about Marc:h 14, 1980. 1. Claim submitted by Automobile Club of Southern California (L. A. Bailey, Insured) for vehicle damages purportedly sustained as a result of accident within the City of Santa Aha, California involving a Taylor School Bus, on or about February 27. 1980~ The following claim was allowed: m. Claim submitted by Richard D. Webb for vehicular damages purportedly sustained as a result of accident caused by City vebicl, e on private access road to reservoir, north of Avenida de Santiago, on or about January 3t, 1980. 80-725 City Hall, Anaheim, Cali.ioruia - COUNCIl MINUTE~; ,June 10, 1980, 1:30 P.M. 2. CORRESPONDENCE: The following correspondence, was ordered received and filed: a. 105: Resolutio~ No~ SCCS0-I. Senior Citizen Commission, establishing the time and place of r<~gular meetings as the second Monday of each month, 7:00 p.ra,, in the Anaheim Seni,~r Citizens Center, 222 East Lincoln Avenue. b. 105: Community Redevelopment Commission--M~nutes of May ]4, 1980. 3. [08: APPLICATIONS: The fo]lowing applications were approved in accordance with the recommendations of the Chief of Police: a. Public Dance Per~.~it: for a public dance to be held June 15, 1980, 5:00 p.m. to 1:00 a.m., at tile Anaheim Convention Center. (Cruz Munoz Frias, applicant) b. Amusement l)evJce~ P~rmit: Video Games N' Stuff, 3442 West Lincoln Avenue, for various amusement: devices. (David R. Avina, app]_icant) Councilwoman Kaywood asked how ma~y such businesses were going to be enQugh. She had received m~.~ny complaints from a number of parents objecting to the proliferation of those businesses as hangouts for youth, and there was some concern that they could get into the drug paraphernalia area. Once established, it was difficult to cio anything. The Mayor questioned the City Attorney if they were to draw a line and not allow any further est'ablistm~ents, how that would elTfect the types of games involved as they were now distributed throughout tht~ City. For example, they were in the lobby of the Disneyland Hotet. City Attorney William Hopkins answered that he would recommend that the Chief of Police be given the discretion to either approve or deny such applications and not institute an <~rdinance that would be a blanket prohibition. The Mayor stated that he understood Councilwoman Kaywood's concerns and they should more appropriately be expressed to the Chief. He recalled they had requested some type of report on the situation. Councilman Bay stated that they did receive a map showing the location of those businesses throughout the City, and there were approximately seven or eight spread across the City. He did not know if they ever received information on whether or not they were a police problem. City Manager Talley stated at that time, the Police Department indicated it would take about 30 days and they were presently working on that report. Whatever it might say, the City At:torney was saying the Chief then would have the administra- tive ability to terminate or withhold approval. The City Attorney clarified that tile Chief could recommend against approval. Councilwoman Kaywood asked if they did approve a permit and the owners sold the business, would the new operators have to acquire a new permit as well or merely take over the business; Mr. }topkins answered that they would have to acquire a new permi~. 80-726 City Hall, Anaheim~ California- COUNCIL MINUTES- June 10, 1980, 1:30 P.M. Councilman Roth contended that the Police Department would be derelict in their duties if they we~"e not telling the Council right now that there was a problem. The laws were already in place and if a problem d.id occur, the Police Department would abate the problem accordingly. c. Dinner-Dacf. ng P!ace Permit: Adriatic Inn, 735 North Anaheim Boulevard, for dancing on Friday a~d Saturday nights, 8:00 p.m to 2:00 a.m. (Ivan Marovic. applicant) d. Amusement and E.~ttertainment Premises - Pool Rooms: Adriatic Inn, 735 North Anaheim Boulevard~ for one pool table. (Ivan Marovic, applicant) e. Public Dance ?e~mit: Anaheim Soccer Club, for a dance to be held June 28, 1980, 6:00 p.m. to It00 a.m., at the Anaheim Convention Center. (Felipe Jesus Guerena) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 80R-258 through 80R-260, bot-h inclusive, for ad,~ption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 140: RESOLUTION NO. 80R-258: A RESOLIJT[ON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AN[) DETEtLMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONS~IRUCTION AN[) COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CANYON HILLS LIBRARY, tN q]IE CITY OF ANAHEIM, ACCOUNT NO. 47-904-6325 AND 24-904-6325; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IbfPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECII~ICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR TItE CONSTRUCTION THEREOF. (B~ds to be opened July 10, 1980, at 2:00 p.m.) RESOLUTION NO. 80R-259: A RESOLUTION OF THE CITf COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL FROCEEDINGS liN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1807 AND DECLARING RESOLIITION NO. 78R-270 NULL AND VOID. 176: RESOLUTION NO. 80R.-260: A RESOLUTION OF THE CITY COUNCIL OF THE CITf OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON (A) CERTAIN PUBLIC SERVICE EASEMENT(S). 179--19A, !0-foot wide easement located approximately 150 feet north- east of Howell Street and approxhnately 200 feet north of Katella; public hearing set for July 1. 1980, 3:00 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEI~IBERS: COUNCIL MEMBERS: COUNCII. MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos 80R-258 through 80R-260, both inclusive, duly passed and adopt:ed. 80-727 Hall, Anaheim~ California - COUNCIL MINUTES - June 10, 1980, 1:30 P.bl. CITY PLANNING CObDIISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 19, ]980, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council inf orma tion. 1. RECLASSIFICATION NO. 79-80-36 AND VARIANCE NO. 3149: Submitted by Melvin D. and Alma Rutln Hilgenfeld, for a change ]n zone from RM-1200 to CL, to expand an existing mortuary on property located at' 315 and 319 South Claudina Street, with certain (;ode waivers. The City Planning Commiss~on~ pursuant to Resolution No. PC80-80 and 81, granted ReclassJficatJo~ No~ 79-.80-36 and Variance No. 3149, and granted a negative declaration sN~tus. 2. VARIANCE NO, 3~=: Suh~itted by Chester Peterso..~ and Beverly Ann Compton, to permit two wall signs on Cf.. zoned property located at 5677, East La Palma Avenue (Mercury c ~-~,~ and Loan), with a Code waiver of maximum number of wall signs. The request was wJthdr,"~wn by the pet[tionero 3. VARIANCE NO. 314{;: Submitted by Sav-on Realty, Inc., to construct a fence on ML zoned pruperty located at 1500 South Anaheim Boulevard, with a Code waiver of 'maximum fence height. The City Pl.~:nning Commission, pursuant to Resolution No. PC80-86, granted Variance No. '~t/~8, a~.~d t'.i~tified thc Planning Director's categorical exemption determination. 4. CONDi. TIONAL USE PERMIT NO. 2078: Submitted by Norman A. and Lorna Robson, to permit an a,~-omobfle repair shop on bfL zoned property located at 1773 West Lincoln Avenue. The City Plan~[ng (h~mmission, pursuant to Resolution No. PC80-82, granted Con- ditional Use Permit No. 2078, and granted a negative declaration status. 5. CONDITIONAL USE PEIibIIT NO. 2079: Submitted by Benner Sheet Metal, Inc., to lrg-t-a]~--a-i/0]~-'~,~3~'~-~-i~t--~ra----g-~-'-yiird---6'n RS-A-43,000 zoned property located at 2860 and 2872 Miraloma Ave~n~e, with a Code waiver of required enclosure of outdoor uses. The City Planning Commission, pursuant to Resolution No. PC80-83, granted in part, Condimiona] Ils,~ Permit No. 2079, ~nd granted a negative declaration status. 6. CONDITIONAL USE FE]LMI'F NO. 2080: Submitted by Robert O. Guyot and Paul Kouri, et al, to permit ti~e on-sale of beer and wine in a proposed restaurant on CL zoned property located at 3462 East Orangethorpe Avenue, with a 'Code waiver .of minimum number of parking spaces. The City PI. arming Commission, granted C~,nditional Use Permit No. 2080, and · ratified the P!auning Director's categorical exemption determination. Coun~"ilwoman Kavwood stated that staff report noted that the original shopping center had to stipulate that there would be shops on].y and nothing requiring a great deal of parkJng~ specifically no restaurants. Now they were approving restaurants ~ 80-728 City ttall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Annika Sonta]ahtJ, Assistant Director for Zoning, stated that the reason was that the waiver of parking was three spaces less than the 178 required and the Planning Commission considered that to be of minor consequence. The restaurant was a sandwich s}~op ~nd not a typical sit down dinner type restaurant although there was on-sale beer and wine. She confi~wned for Councilwoman Kaywood that the Planning Comm-is~4ion did not feel it was going to create any problem. 7. CONDITIONAL USE PERMIT NO. 2081' Submitted by NBJ Associates, to retain an existing exterm:inating service on ML zoned property located at 1140 North Cosby Way. The (]it5, Plann£ng C~'.mmission, pursuant to Resolution No. PC80-85, granted Con- ditional Use Perm:it b&). 2081, and granted a negative declaration status. 8. RECLASSIFICATION NO. 77--78---56 - EXTENSION OF TIME: Submitted by Robert Pack, requesting an extension of time to Reclassification No. 77-78-56, proposed RS-7200 zoned property located at 1000 North Lomita Street. The Planning (:~nmi:~:;.ion appcoved an extension of time to Reclassification No. 77-78-56, t:o expire April 24~ 1981. 9. CONDITIONAL USE PERMIT NO. 1623 -- I~TENSION OF TIME: Submitted by Woodrow J. McClure, reqnest:ing an extension of time to Conditional Use Permit No. 1623, to permit a recreat:ion~l veh.icle storage yard on FFL zoned property located on the southwesterly side oi- Howell Street, northwesterly of the centerline of Katella Avenue. The Planning (]cm;m~.,~sJon approved an extension of time to Conditional Use Permit No. ~1623, to expire I'!av 24, 1982. No action was taken o~ the foregoing items; therefore the actions of the City Planning Commissi~m bocame final. ORDINANCE NO. 4139: Councilman Seymour offered Ordinance No. 4139 for adoption. Refer to Ordinance Book. ORDINANCE NO~ 41 9' / . AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM M !NICIPAL CODE RELATING TO ZONING. (79-80-23, RM-2400) Roll Call AYES: NOES: ABSENT: COUNC 1 L MI!;MBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4139 duly passed and adopted. _O_RDIN_A_N~_E_"_~_O.:_._4J_/!_0_.'_ Councilman Roth offered Ordinance No. 4140 for first reading. ORDINANCE NO. 41,~0: AN ORDINANCE Ol:' THE CITY OF ANAHEIM AMENDING TITLE 1.8 OF THE ANAHEIM NIIN[C[PAL CODE REI,ATING TO ZONING. (64-65-14(2), CG) 80-729 COUNCIL MINUTES - June lOt 1980, 1:30 P.M. 1i4: COMMENTS ON DEFEAT OF RECAI,L: Councilman Overho]t stated that relative to t~.~e Recall~ be said it ~t] ]~s~ week (see mintues ~]une 3~ 1980). He was pleased · .hat the vote on re~'~]l e,~ded su,:cessfully on his behalf, tie especially expres- . ~d his appreciation to the group of citizens against the recall headed by Co- -chairman Mayor Seymour and ,]oan~ St:ant(~n, together w:ith Herbv Leo and Kurt }taunfelner, ~',"easurer~ as well a~; the Voices of the Electorate group. The fight against: the r:~,:all e[fert was someth~n.g that he fei t Counc. i]woman Kaywood an.d he could not hg:~e waged alone ~it:hout- the comm~mi ty coming forward. He believed that the ~.:~::all attempt in Anahein~ and the o~e San C]emente were the first to be defended sv,~cessfu]!y -i~ ?~('e~i~ hlstovy~ ;-md he was very glad to be present today in his C(umci] seat. C~:~unc. ilwoman Kaywood.~ too? e:{pre~:~sed hey thanks to those same people. There was no way that they cou],~ b~ve gone through the recall without the workers and sup- ~}~t they received, people who were confident all the way through the campaign. !.~ was unforturm~.' tL,t they had to go through a gruelling two-year period. How- ever the two-to-.-~o~e v~t'e (~ people in dc, feat of the effort was ~ good repudiation of a very small but m>i~.:y grovp who initiated the campaign. She personally looked forward ~:o an e~:'d ~[: positive achievements in the new decade as they moved into the new Civic C(.~nt:ev ~-~ad ].eft tim m~pleasantness beh.ind. She thanked anybody who had any part :fn *he eutlr'e eld:crOon process and who worked tirelessly with- out any complaint:s, j_lfl_j_: _?_l!?_(_)~jjIj'__O?l__~Jf~]i.!?.![!_~_!!f._.~.~.~{~.~~ C,~un,' i lwoman Kaywood repor ted that a t the recent meet:i, ng of th(~ .lo:iht F:[re Training Authority she was elected President by acclamation. She also at t:eudo(t ;~ r~ce~- q,~.:~'t~rly meet:Lng of the Subregiona] Planning Council in Santa Aha where. ~!ve t~,chni, cal committee reports were presented. The Supervisors wece looh'ing to ~, lobbyist in Washington and asked whether there could be some joint use of the C~),.~*~(.~vtOm~s Man in Washington. She indicated at that time that she won!d check into whether that program was already extended to the extent of t~e-iv a[)il.[~ ie~.:. ~-;he :~sked for a report on whether they could add to that program. Sl~e que~tio~ed if the group needed to hire someone else, she was wondering how effe(:t~ve they would be by adding another layer instead of smoothing the layer that was already there. City Manager Talley asked for clarification if Councilwoman Kaywood was asking for a report: ou the ~:~bregional t~lanning Council's ability to contact or work with the Man .Council_woman Kaywood answered "yes" i.n order to ascertain whether they felt they wanted the Consortium to extend to cover all of the County cities and the County as well. Mr. Talley stated they were. considering one city at present, the City of Orange, only.on the condit:io~ that they become a full paying partner. He wanted to know if that was im.p]icit -~n her request. It was $20,000 an agency at present, and he wanted to know if Counci[wom~n Kaywood also wanted them to look at the situation from tint aspect. Councilwoman Kaf4ood answered "yes" ,~nd t'o report if there was more money involved. In that way she could bring back a rea]fsi:it nnswer to the question posed. 80-730 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. RECESS: By general consent the Council recessed for 10 minutes. (2:50 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:00 P.M.) CONTINUED PUBLIC HEARING - CONDITIONAL klSE PERMIT NO. 2009 AND NEGATIVE DEC- LARATION: Application by Tom J. and Yolanda M. Talbot~ to amend conditions of approval to retain a furniture sales facility on ML zoned property located at 6]8 East Bali Road (continued from M~y 27, 1980). The City Planning Commission, pursuant ~-o Resolution No. PC79-191, declared that the subject project be exempt from the ~'equirement ~o 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 environ- menta] impact due to this project and further denied Conditional Use Permit No. 2009. The City Council on October 16, 1979 under Resolution .No. 79R-599 granted Conditional Use Permit No. 2009. Request for a reheari, ng by the applicant was granted on May 6, 1980, the reason being to eliminate conditions 7, 8 and 0 of Resolution No. 79R-599, Public hearing was scheduled blay 27, 1980 and <'ontinued to this date. The Mayor stated that Mr. Poole, attorney for the applicant, was his personal attorney. However, he had no financial interest in the subject project nor with the owners and tenants, and be wanted to be advised by the City Attorney of any potential conflict. City Attorney Hopkins stated as previously indicated, since the Mayor had no financial interest involved, he did not feel there was any conflict. The Mayor then asked to hear from the applicant or applicant's agent. Mr. Willard Poo]e, attorney for the applicant, explained that Condition Use Permit No. 2009 was authorized on or about October 16, 1979 (see minutes that date). Two of the conditions of the conditional use permit limited the type of advertising that could take place and the third granted the CUP for a maximum period of two years wher~ a certain percentage of sales had to be wholesale and the same with the third year. Mr. Poole stated that did not work because the wholesale operation was not successful and they had tried to lea'se the bui]d:~ng, but had thus far been unsuccessful. Because of that, they were requesting that the Council get them out of a difficult position and allow them to stay at their- location and to operate a retail business. The parking and building were adequate for their needs and they were not too far from other retail activiti~es in t~he area, such as Ganahl Lumber. They did not feel that the operation in any way would he detrimental to traffic or anything else. It was a financial burden on his client if he was not going to be able to conduct his furniture operation. They requested to be able to advertise in accordance with the si. gn~ng ordinance of the City and that the wholesale requirement be deleted from the CUP, along with the two-year lJmitat.ion. Councilwoman Kaywood noted that in October of 1979 when the Council did grant the CUP for two years, it was strictly emphasized that there be no window signs. She had never gone by the establishment without seeing the windows painted. The 80-731 _City Hall~. Ang__h_eim~__ (_i~_]__ifornia - COUNCIL MINIITES - June 10, 1980, 1: 30 P.M. "quitting business" aL~d "we quit" signs had been evident for months. If the applicant could not abide by the conditions of that particular area~ she ques- tioned why they should be given even more favorable consideration. The Mayor explained that Councilwoman Kaywood's complaint revolved around the signing on the windows to which she was opposed, which signs were in violation of tha City's signing ordinances. Mr~ Poole statec~ his only ~fnswer was that he was sorry it happened, and he would advise his clients not to engage in such signing. Councilwoman Kaywoo~t emphasized that they had been doing it continually and when they initially came in with their permit, they stated it was wholesale business, but they had never abided by the conditions of the ML zone. Councilman Roth askec~ if he (Poole) would stipulate to the removal of the extra signing in the window~; Mi:. Poole answered "yes". There being no fnr'tl~{~r pe¢:sons who wished to speak either irt favor or in opposi- tion, the Mayor ~losed the p~b].ic hearing. Councilwoman Kaywood t'ecall~-~d that in O('tober, Mr. Knisely, who was appearing for the Talbot's at i}~at time, szipulat(,d that there would be no banners, signs in the winctows, etc~ Her objection was that everytime she went by the business, the signs were in ev:h!ence in an area wl~ere such signing did not belong. Instead of abiding by the rules of the area, they stuck out like a sore thumb, deteriorating the whole neighborhoc~d, ~;he did not think they could compare Talbot Furniture with Ganahl Lumber. Mayor Seymour statecl there were particular circumstances surrounding the signing. With the Council's last action on the matter*, they gave them two years to move out and within that period, they were going to have to have 75% wholesale and 25% retail sales. They b,'~,l been forcing the enterprise out of business and thus they resorted to advertis'ing indicating they were leaving and that it was under the instruction of the property owners that such advertising was taking place. Therefore, ~f the Council allowed the e]imination of the restrictions, he would assume that the business should be able to conduct itself completely in accordance with the sign ordinances of the City, consistent with, for example, Ganahl Lumb~;r and Glidden Paints. Council discussion followed, wherein Councilman Bay asked for clarification from staff as to the spec:if2c conditions being appealed. Miss Santalahti answer-ed that the applicant was asking that Condition Nos. 7, 8 and 9 of Resolution No. 79R-599, granting Conditional Use Permit No. 2009 be de]_eted. She added their relative to the discussion on the Signing Code, it permitted that in all industrial and commercia], zones, that twice a year for two two-week periods, there could be a special event at which time the business would be permitted to have flags and banners for that total one month period. Window signs were also allowed, bt~t were limited. The Mayor stated with the stipulation made by the applicant's attorney and with further edifi~at~on ol~ the Sign Ordinance by staff, there was no need to eliminate Condition Nos. 7 or 8. If the CUP did not ref<~.r to that, then he would assume the 80-732 _City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. ordinances must apply. He did not want to permit the applicant to have unlimited use of flags, banners and window signs, but he wanted them to conform to the Sign Ordinance. Consistent with that, he asked how they would then treat Condition Nos. 7 and 8. Miss Santalahr5 explained if 7 and 8 were removed, the Code would allow the flags and banners ~,~rirlg special errants a~-~d a certain percentage of window s~gning as well. They cot~Id have paper signs ~t~s~de on the window as ~ong as they d:~d not exceed a 'certa2n ~ercentage of coverage whi~'h sine believed to be either ten or twenty percent~ Mayor Seymonr asked for clarification tt~at if the Council. approved, the appr:~priate action would be te eliminate 7, 8 and 9 and then the applicable sign ordinan~-'e.:~ wo~ld apply to the property. Miss Santalahti co,.~£irmed that the Mayor's understanding was correct and further clarified that the Industrial signage wo~ld apply. Councilman Bay stated that technically under the stipulations in the CUP, th-' applicant would have no right to have b~nners or window signs for any reason ot!~er than by having the CUP amended. Therefore, all_ of the window signing, 'oaaners and flags during tile period of t:he CUP were illegal. The question was interested in, when issuing a CUP stating clearly that there be no flags.., banners and window signs, in order for that business to do se, they would have to come back to the Council to get permission amending those st~ipulations within the CUP. If the City issued an ongoing out-of-business license for 90 days in violation of tile CUP, then City staff was wrong in so doing becz~use the CUP was in effect. Thus, he was questioning whether there was a "hole" in the procedure. The Mayor answered if they had a sign ordinance on tile books controlling and dictating the size, shape and how often signs may be used with industrial prop- erties, why was it necessary to discuss in greater detail other conditions to a CUP. If the ordi~lance itself was too generot~s and liberal, perhaps the Council should be asking the Planning Comm~ission to take a look at its Industrial Signing Ordinance. Councilman Bay stated that he did not agree. When dealing with a CUP and the combination of commer~:ial operations going ~nto industrial zoning, it was almost necessary to contrail the extenI: of signing within the CUP. Council discussion, debate and questioning followed relative to the particular issue, as well as commercial encroachment into industrial areas, at the conclusion of which, Councilman Roth noted that the survey recently taken in the Ind,stria]. area regarding cormnercial and commercial/recreational uses in that area (see minutes .l~ne 3~ 1980--discussion under Conditional Use Permit No. 2039) revealed little opposition 1.o such uses in Industrial areas. It seemed the only one objecting to such a mix was Council. As well, no one was present in opposition and no opposing letters had been received° He maintained it was government over- kill and further there were places alon~,. Ball Road where a mix of industrial and commercial was appropriate and this was one. The applicant shoul, d be given the opportunity to survive under the free e~terprise system. 80-733 City Hall, Anaheim, California -COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Councilman Overbolt stated one of the primary concerns originally was relative to allowing the encroachment of retail sales in an industrial area and ,othing had been said about that issue today. Thus, he believed there was no objection to removing that particular condition. He was happy with the Sign Ordinance for the ML zone and Mr~ Poole stated his client, in accordance with his direction, would comply with the o~dinauce~ He believed what the Council had in mind was to impose further restrictions on that particular owner and that was the reason they stipulated no flags or w~ndow signs. He believed it was unfair to place restrictions on one oper~t~ou and not the other which was a retail operation. The real problem was ~elative to enforcement and that was the bottom line in granting a CUP. If they approved the request and the applicant did not comply, they could then rew~ke the CUP. If there was non-compliance, he would be the first to ask for re~ocation of the use. Mr. Poole stated he wo~]d :xpect the Council to do so. Councilman Seymour ofl!ered liesolut:ion No. 80R-261 for adoption, eliminating Condition Nos. 7~ 8 and 9 o1~' Resoh~tion No. 79R-599 relati~:g to Conditional Use Per~Jt No. 2,'~t)9, w[tl~ thc, stipulation that the applicant will conform to the City's Industrial Zonc~ ~{ign O~dinance. Refer to Resoluti_~n Book. RESOLUTION NO. 80R-26[: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMEN])MENT OF CONDITIONS IN CONDITIONAL USE PERMIT CASE NO. 2009 AND AMENDING RESOLUTION NO. 79R-599 ACCORDINGLY. Before a vote was take-.n, Councilwoman Kaywood stated that' conformance was exactly the opposite of what was happening. The applicant had never complied before and almost two years had elapsed. There was another point that was brought up--misstatements on their_ original b,~sJness .].]cense, whether it was a means of them getting into the wrong zone for a cheaper rate, which was fine, except it was in competitien with everyone else who had established their businesses the right way, in the proper zone, did th~m'~s h~mestly and paid their o~ way without violating all of the Codes. Sh~-~ felt the subject business was a problem to the area and to the City. Further discussion a~d debate followed between the Mayor and Councilwoman Kaywood, at the conclusion ~?f which, Mr. Poo].e again stipulated that the sign ordinance would be complied wit. h. Councilwoman Kaywood stated she had heard that before, and it did not work. Her concern was prevention. A vote was then taket~ on the foregoing resolution. Rol. 1 Cai] Vote: AYES: NOES: ABSENT: COUNCIi~ MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overhott, Roth and Seymour Kaywood and Bay None The Mayor declared Resoh,~ion No. 80R-261 duly passed and adopted. 80- 734 ~City__H__a_l__l,__A_na_[.)~e_iit!~ CalSfornia - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. 176: PUBLIC HEARING - ABANDONMENT NO. 79-14A: In accordance with application filed by Chapman and Tustin Associates, public hearing was held on proposed abandonment of a portion of existing road and public utility and slope easement located at the east side of TuStin Avenue from 500 to 615 feet, plus or minus, south of the Riverside Freeway, pursuant to Resolution No. 80R-224, duly pub- lisbed in the Anaheim Builetin and notices thereof posted in accordance with law. Report of the City h~gineer dated April 25, 1980 and a recommendation by the Planning Commission were subn~itted, recommending approval of said abandonment. The Mayor asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council ratified the determination of the Planning Director that the proposed activity falIs within the definition of Section 3.01, (]lass 5, of the Clty 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 Roth offered Resolution No. 80R-262 for adoption, approving Abandonment No. 79-14A. Refer to Resolution Book. RESOLUTION NO. 80R-262: A RESOLUTION 01:~' THE CITY COUNCIL OF TttE CITY OF ANAHEIM DETERMINING THAT CERTAIN PUBLIC STREET(S) SHOULD BE ABANDONED AN]) ESTABLISHING CONDITIONS PRECE1)ENT TO SAID ABANDONMENT. (TUSTIN AVENUE) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEblBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEblBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 80R-2~)2 duly passed and adopted. 169: PUBLIC HI'fARING - RAISED PAVEMENT blARKERS ON SYCAMORE STREET AT WEST STREET: To consider the question of raised pavement markers recently installed at Sycamore Street at West Street. The Mayor first asked how many people were present to express themselves on the issue. There were seven, two indicated they were in support, and four indicated they were in opposition to the rumble strip pavement markers. The blayor asked to hear first from those interested in retaining the markers. Mr. Wally Courtney, 425 North West Street, first submitted copies of a letter from other residents were not able to be at the meeting, living at 425 North West Street, exactly where Sycamore ran into West Street. He explained that during the ]sst 12 years slince they had tived there, there had been at least 10 occasions where cars had ended up on their front lawn or driveway and the same with neighbors on both sides of their home. Most recently, the neighbor 80-735 City ffall, Anaheim~ California .- COUNCIL MINUTES - June 10, 1980, 1:30 P.M. to their ].eft had experienced an incident where a car continued down Sycamore, did not stop at West Street, and drove right into the driveway, smashed both ears in the drivew~iy and smashed the garage door. Luckily, no one was in the parked car's or garage at the time. That was the most major of the acc;idents over which they became even more concerned. Since then, someone had driven into his car which was t~arked at the curb. Within 60 days of that, someone else's car parked in that ~/c~cat. ion was struck by another car which ran through the stop s~gn and. ~hen i~tto the next door ~eighboc's yard and driveway, hitting another car. Several t:,-e~-~ on the properties had to be replaced as well as signs re- sultir~g [~; 5 ]at'~ic Financial responsi_biiJty which had to be borne by the. City because of I:l~e trees., signs, etc. involved. There were many problems at that intersection. At l[u-it time, he made a suggestion that they talk to the City Traffic. Engineer ~, work out a situation that wonld alleviate the problem and he suggested tt',~ la.[sed pavement markers which were subsequently installed. Unfortunately, t'h;.~e were some neighbors present today comp]~ining that the markers were respensible for keeping them awake at night when vehicles passed over them. He s,lggested that all traffic would keep them awake. If they were used to ti~e t~ ~ffi,~ ~lo~ise, they should be able to get ~ sed to the rumble strips. They weuld li~:~e ~<~ }~:,ve a preventive me.tsure at that intersection and they wanted to have tl~e p~t.~ement: markers remain ~n place. A blinking light which was much more costly wa~; ~entioned, but on several occasions, the main cause for the accidet~t was th,it thc driver was either drunk or had fallen asleep and thus, would not see the blinking light. There had been no accidents since the in- stallation of the st;r'ip. Councilman Roth re) ted 17ire of the peopl~~ on the letter just submitted to the CouncJ. 1 (,lune 5, 1980) all lived at the sa~ne address; Mr. Courtney clarified that they were a!l o~e family, but two family names were involved (his mother, stepfather, hjms;e!i and his brother and sister). Councillna~ R~:,th then ~'~sked if he (Courtney) could hear the noise about which the neighbors were complaining undoubtedly during the quiet time of approximately 11:00 p.m. to 8:()0 a.m. Mr. Courtney answered that he could not hear the noise at his house, but he did stand by the rumbl~ strip markers and had heard the noise as vehicles drove over the markers, wh'ich lie described. His r~quest was that they remain there for reasons of safety. Counc':ilman O,.,,.~rholt asked if he considered the possibility of some kind of barrier in front of: his h,nus~.~, l-le also noted that there were many cars parked in the driveway of i:.ix~se homes on .West Street most of the time and the street at the curb ia front of l-he homes was also full, cansing difficulty i.n the traffic flow at that Mr. C~urtney :~tated tl~¢~t there was a te]~-~phone pole located in front and also a yellow sign w~th re£lectors. There were a lot of cars parked in the driveway, but he now pa~ked ~m the other side of tim street, tie a]so confirmed for Council.man ()~,~,rholt ~t-~t he had suggeste,.i the rumble strips and that he had seen the markers used before, specifically where the Newport Freeway turned' into Newport- Bo~,levard. 80-736 C__ity Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Councilman Overholt commented that using the markers to wake people up on the freeway was different than using them in residential neighborhoods. The questior~ was whether" rumble strips were an appropriate use ~n a residential neighborhood and that was the problem. He was concerned for the neighbors safety, bnt also for the noise problem and the question was how to resolve both. That might be by placing a barrier in front of the three affected houses. Mrs. Joan Baron, 425 North West Street, stated she taught for the North Orange County ROP at P!acentia High School and right behind City Hall in Placentia, they used the "bumps" in the residential area right by the school. They worked satisfactorily and there had been no accidents since the markers were installed. Although they did not hear the noise, on the other hand, the neighbors on Sycamore had not been the victims of any of t:he accidents that occurred. Cars had been pushed through the garage and lawns torn up. There were two accidents with her car and both times they had been pa~ked .in her driveway. She believed the question was noise vs,, accidents and pe~'haps someone's life. 'Fha Mayor then asked to hear from those in opposition. Mr. Howard Roberts, a ten-year resident of 1025 West Sycamore, (corner of Sycamore an~ West Street) s~ated he had never kn,~um anyone to be injured or hurt since i~e had lived there. With the rumble st~'ip pavement markers right outside his house, he could not get any sleep and the smaller the vehicle, the more noise. The strips would never; stop a car if so~eone was drunk; nothing would stop them. He had not heard of that many accidents on the corner. The markers caused more disruption to the neighborhood than the good they accomp]ished. Councilman Roth then read from a report the number of reported accidents that had taken place since 1977~ which totalled I0. Mr. John Bartels, 1011 West Sycamore, east of Mr. Roberts, stated that the rumble strips were 45 feet- fr'om his bedroom window and the noise caused by them was very annoying both day and night, but it was extremely bad at night. He was surprised that Mr. Courtney had suggested to the Traffic Engineer that the strips be installed and tbey were subsequently installed. He was now suggesting that they be taken out, :if il: was that simple. He conceded there was a serious problem at the corner and the neighbors on West Street lived in a bad spot. He reported that the neighbor directly to the north of Mr. Courtney experienced an accident at approximately 2:30 a.m. one morning which resulted in garage damage which he was per:sonal]y aware, since he was a small building contractor, and he had repaired the garage. In concluding, Sr. Bartels, as an aside, reported that when travelling from the south going north on West Street, a driver could not see the stop sign at the intersection at We.~t and Sycamore until almost getting to it, and that situation should be co · r r e.;c ted. The Mayo~- asked M~~. Bartels if he had any suggestions relative to correcting the problem with which they were faced; Mr. B,nrtel. s answered that perhaps large ~'ed reflectors should ~e installed on West Street facing Sycamore, since the accidents occurred at: night-. Now, there wer'e only sma]] amber reflectors. 80-737 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Mrs. Helen Johnson, a 12-year resident of 1014 West Sycamore Street, stated it was miserable trying to sleep at night and now, during the warmer weather hawing to leave windows open, Jt was very noi.~y. She suggested that there should be some barricade at the "T" ~ntersection to protect the affected homes. By the same token, they needed some rest. She had not witnessed any accidents outside of fender benders. She did relay an incident that occurred on her property where a pine tree had to be removed, owing to the fact that vehicles accelerated from the stop sign because there was a long strip of road on Sycamore. Thus, the West Street residents were not the only people being affected at that inter- section. She did notice the parking situation on the street had improved lately. She suggested for the benefit of the residents on Sycamore that the rumble strip pavement markers be removed, and for the residents on West Street, some kind of metal barricade be installed staggered in some way to offer protection. Mrs. Baron then stated that she could appreciate the noise factor and knew what the Sycamore residents were going through. However, Mr. Roberts stated that he knew of no accidents and yet they had 1.3 accidents--several had not been reported. Their cars were being ruined and the overall cost of the damage involved was tremendous. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Roth stated he was sensitive to noise pollution particularly when trying to get some rest and he had similar previous personal experience himself. He was also sensitive to the neighbors on West Street and asked if J.t were possible to explore the possibility of installing a heavy timber-type barrier with red reflectors on West Street at the terminus of Sycamo:~e. Mr. Paul Singer, Traffic Engineer, stated that the corrugated iron barrier on wood posts was designed for sharp angle approaches. This being a 90-degree approach, it would not hold too well, but they could install such barriers to see what would happen. Approaching at a high rate of speed, there was a danger of splitting the barrier and creating a missile condition, but it would keep vehicles from traveling into residences. Their idea of rumble strips was to awaken a driver to warn of the approacing intersection and not designed to stop a vehicle. Councilman Bay questioned the use of modified speed bumps. He wanted to know if there was a way to vibrate a car differently than the markers being used, but without the noise. Mr. Singer answered that the whole idea of rumble strips was that at the same time they also did not impose an obstruction in the roads. A bump would no longer be a gentle rexninder but more of an impact. Although there had been no accidents since the markers were installed, it was too soon to gather any meaningful data because it was necessary to allow six months to a year before there could be a proper evaluation. He also confirmed for Councilman Overholt that as far as he knew, they had not used rumble strips any place else in the City in residential areas. There was only one other such "T" intersection of the many in the City experiencing the same type of problem which was located at Convention Way and West Street. He did not know of a barrier that would give total protection because it would have to give with the impact of the vehicle so as not to cause a fatality. 80-738 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. The Mayor asked both Mr. Courtney and Mrs. Baron their feeling about a barrier being constructed. Mr~ Courtney answered that they were not too amenable to having a barrier in the front of their house; Mrs. Baron stated that a large barrier would be unsightly for the other neighbors as well. The Mayor asked staff if there was a way they could devise a barrier that was not as unsightly as the one on Camino Manzano. City Engineer William Devitt stated they could try to devise such a barrier perhaps composed of heavy wooden posts installed four feet back from the curb with re- flectors on it. Mayor Seymour stated the decision was a most difficult one. He was going to vote to protect life and property everytime although he was extremely sensitive to the residents' loss of sleep. He would be of a mind to remove the rumble strip markers and go ~o some type of attractive barrier as long as it would be cost effective, in the area of $4,000 as suggested by the City Engineer or $5,000 or $6,000. He felt it would be a good investment of taxpayers funds in this case. MOTION: Councilman Seymour moved to direct the City Engineer and Traffic Engineer to submit to the Co~ncil in two weeks their recommendation as to an attractive barrier to assist those affected on West Street and subsequently, rumble strip pavement markers to be removed from Sycamore Street after installation of an appropriate barrier. Councilman Overholt seconded the motion. MOTION CARRIED. 106/174: PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING: To consider the proposed Federal General Revenue Sharing budget for the Fiscal Year 1980-81. The Mayor opened the public hearing on Federal General Revenue Sharing for input from the public. Mrs. Louise White, West Orange County Hotline, first introduced their treasurer, David Reaper. She then thanked the Council for their past support to the Hotline and their continuing interest. They were now in their seventh year serving in an excess of 25 cities in Orange County and outlying areas. Theirs was a 24- hour, seven days a week crisis intervention service by telephone. They were anticipating a 25% cut in their Revenue Sharing funding during the next year. The service in the past provided for a full-time office manager, one half-time clerk-typist and benefits. Those would be affected by the cuts, the clerk- typist especially. In May of 1980, they received 76 calls from Anaheim and during October of 1979 through May, 1980, they averaged 70 calls a month from Anaheim or an average of 5.5% of the total calls which had been running in excess of 1300 calls per month. In December 1979 they attained 24-hour service with a 761 prefix giving a toll-free calling number for the residents of Anaheim. They also had 213 lines and f~rther there was a recording on the 761 answer 24 hours a day with call-forward provisions going directly to a home between midnight and 8:00 a.m. Along with the fine cooperation of Steve Swaim, the City's Community Services Manager, and Linda Garcia, Staff Member, they were able to organize a group of volunteers for Good Neighbor Line training. 80-739 ~ity Hal.~__Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. In concluding, Mrs~ White respectfu]]y requested from Anaheim an amount of $1200 for the fiscal year 1980-81 to be used primarily in the area of additional money for salaries and to maintain their five telephones, including one office telephone. She clarified for Councilwoman Kaywood that Anaheim contributed $600 last year. Mayor Seymour left the Council Chamber. assumed chairmanship of the meeting. (4:30 P.M.) Mayor Pro Tem Overholt Mrs. Shirley Cohen, Project TLC, explained that they had two nutrition programs for seniors in Anaheim. The City had always been extremely supportive and generous to the senior programs and she was present today to thank the Council and hoped that their generosity would continue. She then relayed some of the ~eds seniors expressed recently which she asked the Council to consider in fu~. a plans. There needed to be more low cost housing for seniors in Anabeim, and the need was critical. Transportation was not adequate, Dial--a-Ride trarlsfers were difficui~t to handle and waits too long, bus stops needed to be closer and benches provided for seniors to use. Also, they would like special transportation for recreation use. Relative to in-home service, there was not enough money to pay for as much in-home services that were needed in order to keep seniors independent and in their own homes to avoid institutional izat~on ~ Emergency housing was needed ~ince, many times, seniors had to vacate their pre- mises, but had no place to go. They received calls all the time from people sleeping in their cars, parks, etc., and a woman just recently asked to be booked so that she co~ld have a place to sleep. She was not from Anaheim. k~en the Senior Center was finally relocated in the Washington School, .they would probably ask for funding for S~nday meals. Sunday was a very lonely day for older peopi~~ and they wanted to institute a pilot program and provid~ some Sunday meals for Anaheim residents~ Mrs. Cohen concluded that Anaheim was doing great thiags for seniors especially with the start of the new Senior Citizen Commission. She reiterated the City was generally very supportive of senior programs. Councilman Roth encouraged Mrs. Cohen to discuss the needs just articulated with the Senior C~iizen Commission whose chairman was present in the audience today. The Council expected input to come to t~em from the Commission, along with rec- ommendations; Mrs. Cohen state ~ they wo~l~ ~e glad to work with the Commission. Ms. Joyce Nethery, F~nance Director of Project TLC and a resident of Anaheim, stated that last year they requested that the Council pay two additional hours to each of their site managers, Nick Warner, Site No. 1 (St. Paul's) and Cathleen Benson, Site No. 2 (Salvation Army). Under their Federal grant, they only had enough funds to pay the managers for six hours a day, but to run the site with over 100 meals a day, it was an eight-hour job and the managers deserved to be paid the two additional ho~rs. They were also asking that funds for utilities be included. Thus, their request this year was the same as last. She assumed that when Site No. 2 moved to the Washington School., the City was planning to pay those t~tilities. 80-740 _City._Hal.~j__A!Lah?ikn_~__(_i{~_lifornia - COUNCIL MINUTES - Ju.n,~ 10, 1980~ 1:30 P.M. She then reported that their meal level for seniors, at least for September, was expected to remain the same. Originally they were going to face some drastic cutbacks but they ~edid their budget and Mrs. Cohen and she went to Sacramento last week and believed they talked the State into going a different route for Orange County and the meals for seniors, so that there would be no cutback. The State indicated the cost was approximately $6,000 last year, but she figured it was approximately $8500, not including fringe benefits. She confirmed they were talking about two hours a day at $5.35 an hour for the two managers, plus all utilities~ tota]'~ing .99,000 for a ]2-month period. The utilties at Anaheim Site No. ! were $58 a mont:h and at Site No. 2, $194 a month. Ms. Nethery then answered questions posed by the Council in which she explained the following: The city contributed approximately $6,000 to the TLC Program last year. The payment for the two additional hours started approximately mid- year last year. At Anaheim Site No. 1, the church ].ocation, TLC had to pay a portion of the u,~i]it'~es and at Site No. 2, the Salvation Army, they paid $2 an hour which was the most expensive utility cost they had paid. Councilman Ruth noted however that the $2 an hour cost also represented building use ~hjch included a brand new kitchen ~sed five clays a week with a bi~ dining room, parking lot and other amenities. He felt it was an excellent bargain; Ms. Nethery agreed. Councilman Ruth empha~ized that the Council had gone on record repeatedly as being~a great supporter of the TLC Program, considered to be one of the best ever programs seen anywhere. Ms. Nethery pointed out that they were only 50% Federally funded. The reason they were so good was due to the fact that the cities became involved, and it was their progrom too~ She explained for Councilwoman Kaywood that she did not bring a specific breakdow~ of their budget, but she would be glad to submit one. Mayor Pro Tern Overholt asked that she submit data to the Council this week. Councilman Ruth asked staff if they had included in the budget an allocation for TLC. Mr. Steve Swaim answered "no". He explained that the City funded TLC this fiscal year in the amount of approximately $6,500, that they had nothing budgeted in their budget, and they were not going to do so. He confirmed however, that upon receipt of a formal request from Ms. Nethery, it would be forwarded to the Council. ~ Mr. Swaim then explaimed for Councilman Bay that the estimated mov~ into Washington School Site was October 1 and that the maintenance of the facility, including water gas and power~ was included in their budget plans. Councilman Bay asked that that fact be ~ncluded in Ms. Nethery's budget b~e~k- down. Mayor Se)~our enter~:~d the Council Chamber-. (4:40 P.M.) The Mayor stated that he heard the comments made by Counciiman Ruth relative to TLC. He seconded those comments and he wanted to keep that "super" program going. 80-741 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Helen Haines, Retired Senior Volunteer Program of North Orange County (RSVP), stated she was present to request a small increase in their budget this year. They had been operating in Anaheim since 1973 with a slight increase each year, but they had operated on the same budget for the last two years and were asking for a $1,200 increase this year. Their program involved 168 volunteers at any given time in Anaheim, serving ~'~pprox~mately 32 to 35 agencies and stations in the City. The biggest expense was an increase in the request for mileage from volunteers. They wel~e required to reimburse them to some extent for their mile- age if so requested. They were requesting a total of $5,337 with the $1,200 increase. They had officially submitted their request to Parks, Recreation and Community Services Department° Mr. Ruth commented from the audience that they would coordinate that budget. Mr. Elmer Holthos, 192 North Cambridge, Orange, stated they addressed a letter to the Mayor and Co,.~ncil on .l,.~ne l regarding the Christian Temporary Housing Facility (on file in the City Clerk's oi~fice). They wanted the City to consider that their program was so~nethlng of ben<.fit to Anaheim so that the City might help support it either from norma! budget sources or Revenue Sharing. Their organization served Orange County with ~o discrimination as to where individuals came from. As the letter indicated, approximately 20% of their units came from Anaheim. Some people had no place to stay and had no income. They were asking for perhaps $10,000 out of a $110,000 b~dget. The M~vor asked the organization's other sources of funding. Mr. Holthus explained that they had a n~mber of other sources. They were al_so engaged in a capital, fund and remodeling campaign where they had received sizable donations from [.he ]rvine Fox, halation and the Ahmanson Foundation and later on from the Southern California Bt~ilding Fund and numerous other organizations and operating funds. Last year, for the first year, they received Revenue Sharing funds. They were members of United Way and had just received unanimous endorsement by that committee on their program and on the building program as well. They depended to a large extent on contributions from individuals, organizations and churches. The Mayor asked if they had received a pledge of Ceneral Revenue Sharing funds from the City of Orange~ Mr. Holthus answered that they were going to discuss that with the City next week. They were ask[ng that they st~pp]y $23,000 to build the kitchen and dining room that were still needed to be i~sta]led in their present facility. They were assisting more persons from Anaheim thsn from Orange. The Mayor stated they wo~Jd be interested to hear if Orange was going to pledge some of their Reven,e Sharing funds or some other of their funds to the activity. The're being no further per,_,on,_= ~s who wished to speak, the Mayor closed the public hearing on General Federal Revenue Sharing. MOTION: Cout~cilman Seymour moved to continue the public hearing on the 1980-81 General Revenue Sharfng Budget to .June 24, 1980 at 3:00 p.m. Councilman Roth seconded the motion, blOTION CARRIED. 80-742 Cit~i Hall, Anaheim, California - COUNCIl. MINUTES - June lO, 1980, 1:30 P.M. Councilman Bay requested that they be supplied with information on other sources of income from the organizations who just spoke, including their total budgets; Councilwoman Kaywood requested that TLC be included as well. 106/161/174/177: PUBLIC HEARING - BUDGET: To consider the proposed 1980-81 Resource. Allocation Plan (RAP). pepartment of Finance: City Manager William Talley opened the budget session with the Department of Finance budget, Pages C52 through C67 of the proposed 1980-81 Resource AIlocation Plan (on file in the City Clerk's office) Control Centers 37, 38, 39 and 41, Position Control, Pages El3 through El6. Mr. George Fer~one, !)irector of Finance, gave a brief overview of the departmental budget, noting specifically the following: The level of service offered this year was the same as last with two notable exceptions, one being the transition in the Treasurer's office where the collection effort was no longer being done by the Treasury Division, as agreed to by the Council and the Audit Committee. The second exception was in the Purchasing !)ivision where the equipment rental for a major piece of copy equipment f~mm~rly in the City Clerk's budget was now in the Purchasing Department budget located in the b~sement of the new Civic Center. This involved one staff addition to the Finance Department or a 2% increase in work hours. The addition was given to them by the Public Works Department who gave up a clerk so that Finance could have one to handle the xeroxin~g and mail requests. City-wide there was no increase in staff. Increases in the departmental, budget were in four different areas, the largest being (1) the incre~sed chart charges as a result of b~DS leaving the City July 1 and the increased data charges now accrui, ng to the Finance Department, now a 50% user of data services, as opposed to a 33% user; (2) transfer of dollars from the Treasurer's budget to the PD&A budget and his department with no net effect on the City-wide budget, except to raise their budget and lower the Treasurer's budget; (3) Duplicating and printing charges or 12% of the increase as a result of picking up the one person from Public Works, but with no City-wide effect; and (4) the balance of the increase, or 10%, was attributed to general cost- of-living increases. Mr. Ferrone concluded by stating that they continued to be pledged to excellence in financial reporting and that was their ultimate goal in terms of financial accountability. They expected to maintain that high level of service and those commitments to the Council in the fntur~. Mr. Ferrone then clarified for the Mayor that of his total b~dget increase of 37%, the amount of data processing charges represented 51% of that increase. Mayor Seymour asked if the Council were faced with a decision of finding dollars somewhere in order to affect their priorities, what would Mr. Ferrone recommend relative to affecting a 10% decrease in his proposed budget. Mr. Ferrone answered that he would have a very difficult time cutting 10%. There were areas such as professional, development that. he would hope to convince the Council not to cut because he felt their professional level of competency was substantially above anything they bad before, because of such programs. There were. some travel dollars that could be taken out or professional associations, bu't be did not think they could cut anywhere near 10% without hampering the quality of financial services they were providing. He felt it would be impos- sible without impacting the financial reporting process substant-ially. 80-743 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. The Mayor questioned if they were to ask not in those areas, but rather in data processing, what would his comment be, since they were now carrying one-half the burden. Mr. Ferro~e answered that he was anxious to work with the new Data Processing Director to look at some areas, but it would depend on how the Department was organized and how they resolved problems. One of the things not mentioned earlier relative to the payroll system was the tremendous amount of effort expended in the maintenance of the existing payroll system and what it would take in the future. There Were some efficiencies that would be gained with the new system once up and running and those should translate into hard dollars in the future. The budget was cut 10 people this year in Data Processing and the only reason the budget was up was due to the fact that the General Fund was formerly the beneficiary of the contract witL MDS. Councilwoman Kaywood asked how much was lost by losing the MDS contract; Mr. Ferrone answered approximately one-quarter of a million dollars. City Treasurer: City Manager Talley noted the City Treasurer's budget was cn Pages C38, 39 and 40, Position Control Page Ell. He explained that it Was the budget for Mr. Glenn Stewart, plus a very modest amount of clerical assistance. The entire budget other than that had been reduced from $260,000 to approximately $88,000. They could have Mr. Stewart available, or the Council could accept that budget inasmuch it was a single position budget. The Council had no questions on the City Treasurer's budget. At this time, the Housing Authority and Redevelopment Agency reconvened for a joint meeting with the Council. (5:10 P.M.) Community Development: Mr.~Talley noted that the Community Development Department's budget was on Pages C103 through C109 (Community Development, Neighborhood Preservation and Economic Development) and Pages C299 through C311 (Redevelop- ment, Redevelopment Administration, Planning, Engineering and Design, Real Estate Acquisition and Disposition, Property Management, Relocation, Project Improvements, Marketing and Development, Redevelopment Contract Obligations, Housing Assistance) Position Control Pages E21 and E22. Mr. Norm Priest, Executive Director of Community Development, referred first to Page C299 of the budget, Control Center 59, Redevelopment, and gave an'overview and update of the development and Neighborhood Preservation Program. He antic- ipated in the coming year that they would complete the Phase I improvements now under way in the downtown area and also of great significance, they antic- ipated completing the design, bidding and construction of the downtown storm drain.. A substantial portion of the proceeds from the bond issue would be used for that purpose. They also expected to begin construction on part of Phase II of the public improvements, the portion easterly df Anaheim Boulevard, as well as construction on a number of private developments. One of the key tbings was they had been building improvements in the westerly portion of the project to get far enough ahead, so that the private developers could nowcome in and build comfortably with the assurance that the transportation facil.ity was there to serve them. 80-744 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Equally important was the beginning of the Neighborhood Preservation Program which they considered the second phase of downtown Project Alpha. The redirection in 1976 indicated the importance of neighborhood preservation and it was their expectation during the coming year that they would be working extensively in developing a relationship with neighborhoods and neighborhood groups and Council at a pace those neighborhoods could readily absorb. They anticipated funds from CHFA, as well as use tax increment funds. They would be working not only with Redevelopment, but also other Community Development activities. Their anticipation, since downtown Project Alpha was a part of the central target area for Block Grant and there was an overlapping, was that they would be using both regularly. They were also looking into the possibility of mortgaged back financing. That partic- ular financing did not flow directly into the Agency revenues, nor was it expended directly by the Agency, but utilized by lenders in supporting private rehabili- tation activities. It would require a feasibility study and they would be talking to the Agency and Council at considerable length before going forward. Staff was down two positions for the coming year. They had retained their staffing level since 1976 when they began their expanding activity and expected to hold to it. They would now be going into a one-to-one relationship this year in the Neighborhood Preservation Program which was a substantially new and different role for them. Mr. Priest then clarified questions posed by the Council relative to the time frame for e~ther start up and/or completion of projects under way in the down- town area, i.e., the Willdan Building; transition road, Olive to Lincoln and full grade separation; Harbor Boulevard--Broadway to Cypress, etc. He also explained for Councilwoman Kaywood that SB1972 would, in fact, exempt Redevelop- ment from the effects of Proposition 4 and that in their budget (Page C299), they sought to show the most conservative picture. He also clarified for Councilman Overholt that they did have an ongoing program to keep people informed of the progress of their program. Housing Authority--~age C309, Control Center 60: Mr. Priest gave a brief over- view of the Housing Authority budget and program, pointing out that they applied for units whenever they became available and each time they were awarded units, they must come back w~th an amended budget. The budget for the forthcoming year of $6,142,034 would appear to be a substantial increase over last year's budget due to a number of factors which he explained. He then reported they had substantial interest from developers in developing additional housing in Anaheim, but their problem now and in the past was in finding sites. One additional staff member had previously been authorized whose particular specialty and function was to work with developers, staff, etc., wherever he could in order to foster housing production. Staff involvement would include the annual inspection of units, recertification and renegotiation of leases. At regular intervals, each of the tenants must be interviewed and recertified as to income and ability to pay which was a sizable process. One of the key things they had to represent to those people living in the housing unit was not only a compassionate hand, but also at the same time represent e~uity in terms of rents and operations to the landlord. They had a very sensitive staff, and he commended them as being one of the best. 80-745 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980~ 1:30 P.M. Lisa Stipkovich, Housing Manager, then explained for Councilman Roth that their backlog of applications in the elderly category totalled approximately 300 and also 100 to 200 families. They had ~nquiry cards in the thousands in both categories, and there were 12,000 households needing assistance in Anaheim. They had never closed out applications since she had been with the Agency. They decided to always keep them open and they would consider them based upon prefer- ences and priority. C~.mm. unity Development Administration and Neighborhood Preservation--Page C103, Control Center 61: Neighborhood Preservation was a City program, the initial seed money coming through Housing and CDBG activities with a proposed budget slightly over $2 million. The thrust of the program was rehabilitation under- layed with a housing contract and thus placed under the Neighborhood Preser- vation Program although it would produce housing units. They basically had 10 programs (see Page C105) and expected through those programs to rehabilitate in excess of 390 units and acquire 15 parcels for in-fill housing. Additionally they expected to provide housing counseling to 600 resident~ Mr..Priest reiterated they would also be working in Project Alpha with their Neighborhood Preservation staff. Because of similarities of functions, it did not seem prudent to acquire Redevelop- ment staff to perform Neighborhood Preservation activities. Thus, they were going be working side by side with Redevelopment staff in the coming year. Staffing would add four positions primarily due to the ~ncreased level of activity in the rehabilitation program. He then reported extensively on the progress of the Neighborhood Preservation Program and what they had accomplished. He empha- sized that the program was a personalized one, on a one-to-one basis with each owner, and not process-oriented. Mr. Priest pointed out that citizen participation was a key function of the Community Block Grant Administation and if there was any single activity which had grown more rapidly in the past year and expected to grow even more so in the coming year, it was the increase in citizen participation in that program. Mayor Seymour referred to the Community Development Block Grant (CDBG) funds and stated that Mr. Priest's whole area of responsibility in his opinion, next to providing public input in getting the community to involve itself in the pro- cess, the second greatest priority was adequate audits to insure that someone was not "ripping off" one or more of those programs. That could be the greatest single threat to the work of the Department, bringing the programs to a screeching halt. In that regard, he asked Mr. Priest to describe for the Authority, Agency and Council what type of audit procedure was being followed in order to insure that would not occur. Mr. Priest then explained the present procedures followed to preclude the area of concern expressed by the Mayor, as well as reviewing the Redevelopment and Housing audits that took place. At the conclusion of Mr. Priest's explanation, the Mayor stated anything Mr. Priest should need to insure that the process was kept pure, they would stand ready to provide. Economic Development--Pase C107, Control Center 62: Mr. Priest stated that Mr Richard Darbo, Executive Director, AEDC, was present to answer any questions relative to the Anaheim Economic Development Corporation (AEDC) budget. 80-746 City Hall, Anaheim, California - COUNCIL MINUTES - June 10~ 1980, 1:30 P.M. Councilman Roth asked that due to the fact the City paid a substantial amount of the cost, he requested periodic progress reports showing what the Corporation had accomplished s~nce their inception, and their plans in order to. keep the Council informed. Mr. Priest stated that the AEDC did provide quarterly reports to him which he would be happy to share with the Council. He then gave a brief overview of the activities and in concluding stated that he would be bappy to provide the Council with the past reports of the Corporatio. as well. Libr..ary Department: City Manager Talle/ referred to the Library budget found on Page C68 through C80, Capital Improvement Projects, D25 and D26, and Position Control, Page E17. Mr. William Griffith, City Librarian, stated that the requested operating budget totalling $2,885,283 was up $289,174 over the current year. The increase was largely due to the new branch library accounting for approximately $60,000 or 21%. Personnel costs were up 5% and about 16% of $46,000 was under contract services to other libraries which was money that would subsequently be recovered. $1,15%,296 had been allocated in the Cal)ital Improvements Project budget for the Canyou Hills Library, (the major it~m in the budget) scheduled to be opened in the late spring of 1981. The total number of positions in the budget remained the same this year as last, with 72 full-time employees with staffing for the Canyon Hills Library encom- passed in that figure of five full-time positions. In effect, they were achiev- ing a reduction of five positions and offsetting that with the positions for the new library. Part-time hours had been increased by about 1500 hours. They were also asking this year for a book budget Of $346,000, compared with $296,00 for the current year, an increase of 17% largely because of the branch library. Finally, $9,700 had been requested for ~ security system for the existing libraries which they felt would be an important insurance against the possibility of vandal- ism. Councilman Overholt stated Mr. Griffith was to be complimented in providing for the staffing of the new library without an increase in staff. Mr. Griffith explained it was largely ascribed to their automation project, and they were able to absorb the positions thanks to their automated circulation system. It was a lean budget, but adequately funded the programs and projects they had in mind. The budget hearing was thereupon concluded with a budget work shop session scheduled for June 13, 1980 at 10:00 a.m. ADJOURNMENT: Agency Member Kaywood moved to adjourn the Redevelopment Agency and Housing Authority. Agency Member Overholt seconded the motion. MOTION CARRIED. (6:07 P.M.) 124: PARKING PROBL~24 - CONVENTION CENTER AREA: City Manager Talley briefed the Council. on report dated June 3, 1980 from the City Engineer regarding the parking congestion within residential areas west of the Convention Center rec- ommending that the City Council, in cooperation with the City of Garden Grove, 80-747 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. adopt a parking permit system of Eleanor Drive and Ricky Avenue following a pub- lic hearing. The alternate included No. 1--Permit Parking, No. 2--Closure of Eleanor Drive, No. 3--Time Limit Parking Restrictions, No. 4--Temporary Closure of Eleanor Drive and Ricky Avenue and, No. 5--Restricted Parking. He then rec- ommended, if Alternate No. 1 were adopted, that the Convention Center be assigned the responsibility because they were most intimately aware of when the occasions causing the problem would'occur. The closure of Eleanor Drive had been previously discussed, and the majority felt that would be a less than satisfactory solution, and would also cause Fire Department Safety'service prob- lems. His conclusion from listening to a number of staff meetings on the issue was that a permit parking procedure, such as implemented at the Forum and Hollywood Park, be utilized. However, their recommendation was that the Council'take no action. Councilwoman Kaywood then questioned Traffic Engineer Paul Singer relative to the implementation of permit parking. Mr. Singer answered that they would like to defer any discussion about the specific methodology of either signing or distribution of stickers or permits. In general terms, they envisioned two types of permits--one type would be bumper stickers and some type of card for visitors that ~ot~ld be placed on the windshield or dash- board. In order to work out the mechanics, it would require further study. The Mayor asked if they took Alternative No. 1, Permit Parking, how long the study would take. Mr. Singer a~swered that they would start processing ~n ordinance immediately and during that process, they would work out the details. Mr. Tom Lieg|er, Convention Center General Manager, stated that permit parking around the Forum usually involved nights or Saturday or Sunday events. At the Convention Center it was ongoing both day and night and thus, a different set of circumstances was involved. They recognized that there was a major problem, but believed it would be alleviated somewhat when the Betterment II program was completed. His major concern was that at a previous public hearing, the majority of the residents did not want permit parking. There were so many individual complications involved, he felt it was going to be a large administrative problem and not a good PR answer. He emphasized there was no simple answer. On an on- going basis, everything had been going well except for the recent computer con- vention, and he wondered if any hasty change would bring about further problems. However, he would be pleased to administer whatever the Council wished. The Mayor asked if he could name the upcoming conventions where they expected parking problems to occur. Mr. Leigler reported that the International Kiwanis Convention starting June 21 was the largest, followed by the Full Gospel Business Men's Convention. He also mentioned several other events which did not pose major problems, but he emphasized that no matter what event was being held, there would be p~ople wanting to park in the residential areas for various reasons, primarily to save the $2 parking fee. He noted, however, that there were also a number of employees working at the various motels and restaurants in the area along Katella who parked in those residential areas. 80-748 Ci. ty Hall, Anaheim, California - COUNCIL MINUTES - June l0t 1980, 1:30 P.M. Councilman Bay asked Jf they did something about Eleanor Drive and Ricky Avenue and solved the problem there, would it move somewhere else. Mr. Singer answered that from their discussions with the City of Garden Grove, it appeared they had no problem on Ricky, but whatever Anaheim did on Eleanor and Morgan, the problem was going to transfer to Carden Grove. Councilman Overholt asked how many residents were involved in th~ area impacted; Mr. Singer answered that there were approximately 100 homes involved. Council- man Overholt then commented further that it would be beneficial if some of those residents could be involved in the planning solution .to the problem, short of a public hearing~ They would then become part of the solution rather than attacking the City. Mr. Singer noted that the Planning Department had a computer address method for communicating with the residents; the Mayor stated that the Department expert in obtaining community input was the Parks, Recreation and Community Services Department. He advised them to contact that Department for their expertise in such matters. Mr. Singer stated that they had numerous meetings with the residents and the crux of the problem lay in the fact that they had never been able to get even a partial consensus on any recommendations. The Mayor s~ggested that was because th~.~y had not hurt badly enough. Councilman Roth stated at one time he w~s against the permit parking process, but was not support£ve yet and he did not want to force it on anybody. He relayed the success he had with a questionnaire he sent out during his campaign to retain his Council seat. ~Ie suggested that they communicate with the neighborhood by letter which he felt would result in a clear-cut response as to whether permit parking was a good idea or a bad one. Mr. Singer stated they would be happy to do that. Councilwoman K~ywood s~ated that since time was short and without getting a lot of personnel, inw,]ved, she recommended a combination of Alternate No. 1 and No. 5. She felt that with signing "No Parking At Any Time--Tow Away" at the entrances to Eleanor Drive and Ricky Avenue (No. 5) most people were not going to fee] it was worth the risk. Lt. Martin Mitchell, Traffic Bureau, stated that it did not make any difference during the compact-er convention and even many parking tickets were wadded up and thrown away in the g~tter. Mayor Seymour stated they had two problems--one short-term, the Kiwanis and Full Gospel Business Men's Convention, and the other long-term, finding a consensus of residents in the area relative to a solution. They should not run out and put signs up. At th~s point, it was no longer a question--they had to make a positive statem~nt that they were going to do something. They had to provide relief relative to the two forthcoming large conventions, because the problem had gone on too long. 80-749 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. The Mayor thereupon reco~nended the fo]lowing: Short-Term Plan--For the Kiwanis Convention starting 0une 21 and Fu]] Gospel Business Men's Convention, June 30, staff directed to do whatever necessary to provide relief to the surrounding area, i.e., use Police Reserves or private security;, an emergency ordinance, ~f necessary; utilization of signing; barricades with guard to control incoming vehicles to those residential areas; patrol streets, issue tickets to violators. Long-Term Plan--Letter survey to be conducted of residents in the affected~ neighborhoods, asking their input on alternatives to solve the parking problem on a permanent basis. Further Council discussion, debate and questioning followed on the issue at the conclusion of which, the Mayor stated ~t was up to staff to figure out specifically what ~eeded to be done. ~e wanted action even if it meant asking to see a driver's license to ascertain if the driver of the vehicle was a resi- dent of the area in which they were attempting to park. Lt. Mitchell stated the solution be was thinking of at present for the next two conventions was perhaps to control the entrance to Eleanor Drive. 'The Convention Center could install barricades and have one man posted at the entrance and he could have the situation monitored to be certain that person was safe. Councilman Bay asked the Mayor if he was suggesting that in June they could use the temporary barricade and in the meantime move on Councilman Roth's suggestion to get some feedback from the neighborhood. The Mayor answered "yes", along with a ~ommitment so that the residents would know that the Council had mandated a program and to ask which one they liked best. Mr. Singer stated at the same time, they could se~d an information letter to all of the residents until they came to a final solution, stating they were going to be using temporary barricades. Councilman Bay asked if an emergency ordinance was necessary in order to install temporary barricades; City Attorney Hopkins answered "no". The Vehicle Code provided that the Po]ice Chief could barricade certain areas in an emergency situation. Councilwoman Kaywood felt that residents were going to object to being stopped'by the barricade. In the meetings they had held with the residents, on one occasion two people showed up, and on another, seven people showed up and they could not reach an agreement. The Mayor again suggested that they talk to the Parks, Recreation and Community Services Department relative to obtaining community input; Councilwoman Kasa~ood stated that she did not want to bypass Mr. Leigler because she felt he was an expert in the field. RECESS: By general consent, the Council recessed for 10 minutes. (6:30 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (6:40 P.M.) 8o-~o City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2072: Application by Kartar and Harbans K. Singh, to permit a residential care facility on RS-5000 zoned property located at 1737 Holbrook Street with a waiver of maximum lot coverage. The City Planning Commission, pursuant to Resolution No. PC80-74, declared the subject project exempt from the requirement to prepare an environmental impact report since the project would have no significant individual or cumulative adverse environmental impact and is therefore exempt from the requirement to prepare an EIR and further denied Conditional Use Permit No. 2072. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled for and continued from May 27, 1980 at the request of the applicant to this date. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Mayor Seymour then outlined the procedure of the public hearing for the many people who were in the Chamber audience relative to the matter. He then asked to hear from the applicant or the applicant's agent. Mr. Louis Bennett, attorney for the petitioners, 1695 Crescent 'Avenue, Suite 282, first stated he had prepared a s~mma~y wh£ch he thereupon submitted to the Council. (see, "Appeal From The Decision In Resolution No. PC80-74 Of The Anaheim City Planning Co~nmission Denying Petition For CUP No. 2072" made a part of the record). Before brief, ing the Council on the summary, Mr. Bennett pointed out that the petitioners were withdrawing their request for the physical expansion of the dwelling and amending their petition to seek an increase in the number of tenants from six to eight tenants instead of 'six to ten tenants. Thus, there would be no crowding whatsoever. He maintained that the primary concern should be the density of the population and not the number, as opposed to one house. Mr. Bennett then briefed the Council on the summary presented (Page 1 through 8). He emphasized that the opposition was strictly a misunderstanding of the nature of the facility on the part of the neighbors and the Planning Commission. It was a place where the residents lived together as a family unit sharing all the responsib~liti, es in the household. If there was any inclination of a dangerous propensity for any reason whatsoever, individuals would not be accepted into the home. The i~etitioners were not in the business to make money. They were making enough to cover expenses and to make a living, and they turned a lot of money back into the facility. The residents did not have to be under constant supervision, but could be left alone for almost a whole day at a time. What they needed was counseling, guidance, reassurance, and someone to turn to. In closing, Mr. Bennett also emphasized the alternatives available to the Singhs if the Conditional. Use Permit was denied (see Page 8--Alternatives--of the reference summary). He suggested and encouraged the Council to consider and weigh very carefully all the aspects of the situation. There was a need function in the community and such a facility needed to be in the community so that the tenants could make a readjustment to normal life. If it was necessary that the immediate neighbors bear' some sacrifices, he felt it could bear making that sacrifice. 80-75t City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Councilwoman Kaywood asked where the other two homes that Mr. Singh owned were located. Mr. Bennett stated that Mr. Singh had a private residence on Tym~pani around the corner. It was not a residential care facility but a private resideuce. The Mayor asked if it was within 300 feet of the subject property; Mr. Bennett answered, "no". It was down the street and around the corner and the other home owned by Mr~ Singh was located at 6432 Cymbal, not in the City of Anaheim, but in an unincorporated area and he believed there were six residents in the home. From the audience, someone clarified that there were five residents there at present and the home was licensed for six. Mr. Bennett then clarified for the Mayor that on behalf of the Singhs, he was amending the request for the increase in tenants from ten to eight with the proviso there would be no physical_ change made in the structure. The Mayor then asked to hear from those in support of Conditional Use Permit No. 2072. The following people spoke in favor of ~ranting the requested CUP for the below listed reasons which highlighted their testimony: Mrs. Edith Breast, 13~t West !~ern Drive, Fullerton, stated she had a sister- in-law who had been with Mr. and Mrs. S[ngh since they first opened their home. Since she had been in the l~ome, she had been very much benefited, while at th& same time having a lovely home to be in. Mr. and Mrs. Singh should have a chance' to take ~are of as many people a~ they had the strenglh or desire to handle. Theirs was a family ~esidence and not an institution and the people they cared for presented no threat to society. The Singhs were perfo~.ning a community service and not a business~ In'answer to Co~ci] q~estioning, Mrs. l{reast relayed the following: Her sister- in-law, who was i.n the Chamber audience~ along with other residents of the home, was paying $375 a month to stay at the facility. Neighbors were frightened because they did not understand the situation. She had seen a big improvement in her sister-in-law upou which she elaborated. Mr. Garry Miller, Stat~_~ P~es~dent of th~~ California Association of Residential Care Homes, San Diego, stated his organization represented over 800 or 900 homes throughout the State. He concurred with all the preceding testimoney on the areas of misunderstandings of the neighborhood. Many things could be resolved in going over to talk to the Singhs and people like them and in seeing their home. He commended the Singhs for such a beautiful home and satisfying the needs of the residents. In 1973, the Community Care Act was passed and the whole thrust of the State had been toward normalization and deinstitutionalizing of people. He found it hard to believe that the expansion, of two more residents was going to change the integrity of those 300 to 500 homes in the subject community. They had a tremendous screening process for those placed in such homes and were totally accepted by ~he community agencies. There had been no problems in the last three and one-half years and as had been pointed out. He did not think the neighbors even knew they existed until they asked for an expansion to serve only two more people. He urged the Council to allow two more people to enjoy the City of Anaheim and to achieve normalization. 80-75.2 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Councilman Roth commented that it would have been wise to evaluate the needs of the citizens of the community as well. An attempt should have been made to try to bring the neighborhood together so that the agency could explain ,their objectives. Mr. Miller stated he felt the Singhs had done that, utilized the good neighbor policy, as well as having proven themselves. Their integrity was unquestionable. Mr. Jess Hardy, 1847 Tsm~pani (directly across the street from one of the Singhs residences). Relative. to the Singhs' character, he had known them for a little over a year and had been invited to their home and found them to be very com- petent and nice people to know. They were business-oriented and Mr. Singh's past experience was ~[:~ the service and thus he had lived a regimented life. From his experience in discussing mattet-s with him, he knew that he would be a very sincere man and take the duties and responsibilities of caring for those emotionally upset, disturbed people to heart. He then referred to a flyer that had been circulated in the neighborhood-- (see flyer entitled, "Did You Know? .... " made a part of the record) and was asto~nded at some of the points brought up about the emotionally disturbed adults. They had numerous problems in the neighborhood in ~he nine years he had lived there and to his knowledge., none of the residents with the Singh family now had been a part of the problem. He then gave an overview of some of the problems that had occurred in the neighborhood for some time. However, he did not attribute any of the problems to the tenants of th~ Singhs' residence. Miss Janice Wolfe, 18~0 T~anpani, stated she was a member of the Student Government at Fullerton College. When she went to the Singhs, she was on Thorasine, a heavy duty drug. She then explained some of the problems she had and stated at that point she was out of rea]~[ty. Today sh~~ was a very well established female, she worked two jobs and was a peer counselor within the last year on contract with the California School District. She was a member of the CMA (California Medical Association) News and her major of study was biochemistry, physics and computer science. She asked how anybody could do that being drugged out or so mentally ill that they would do very strange things. She was not accepted in the many clubs to which her parents belonged in the Newport Beach area and was not ad- mitted to those clubs. Thro~gh Mr. and Mrs. Singh, she was a person today and could hold her head ~1~, she had self esteem and took pride in her clothes and dress and that was a great accomplishment for her. In answer to a ]i~e of que£tioning posed by Councilwoman Kaywood, Miss Wolfe relayed the following: She was living with the Singhs now in their independent home on 1840 T~npani. There were three other residents there, all over 21, two males and one other female. The resident manager was Kartar Singh, but there was no need for a resident manager because they were independent. However, the Singhs stayed at the residence on various nights to make certain they had every thing. On December 9, 1977, she first moved in with the Singhs on Cymbal Street. She never lived at the Holbrook residence, but had visited there on many occasions. Mos~ of the time she lived at 6432 Cymbal. She moved from Cymbal Street to Tympani Street in Msy of 1979 and the Singhs moved in with them to be there throughout their first manuevers. She noted that they had moved into Cymbal 80-75 3 City Hall, Anaheim, California -COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Street with six people and then to Tympani Street w~th four people. She also clarified for Councilman Overholt that the Singhs did not reside at the Tympani home, but they were there at certain t~mes during the flay. Mr. Gordon Brushwyler, 6402 Cymbal, stated he was a homeowner in the area and not a personal friend of Mr. Singh and. therefore, did not have a particular bias. He could only attest to the situation of that home which was well kept. There had been no dif~icolties in tbe ~ime that they had been there, and they had no fear .of their children or children in the area playing in the street and had more fears ~e]ative to the "normal" people in the community. He did not feel that some of the accusations made, particularly in the flyer previously mentioned, were well founded. They had four children, daughters .15 and 13, and two sons~ 10 and 8 and they had no problem with the activity at the Singh property. He was not aware of the activity at the Singh property on Holbrook prior to the request for an expansion of tenants. His home was three doors away from the Cymbal residence where there were five tenants, and not the Holbrook residence. The~ Cymbal property had been used for tenants for several years. He became aware that the Cymbal property was being used for tenants approximately one or two years ago. Mr. Andrew Bailey, Adult Continuing Care Coordinator for the Human Services Agency. His job was to monitor board a~d care facilities for the mentally disabled licensed by the County Department of Social Services. There were approximately ]2 board and care facilities in Anaheim that serviced mentally disabled clients. ~ental disability wa~ a continuum. They had .people who were acutely ill who needed to be confined and secured and people who were at a stage where they could live independently with some follow up supervision. The middle of the continuum was the board and care facility. W~thout s~ch a facility, they would have no alternative b~t to be in State facilities for the acute mentally ill. By 'limiting these type of facilities in the community, they were limiting the opportunities for people to live independently and put a great burden on the State facilities~ Then, the acutely ill would be out in the community and those were the type of people who needed the type of care the community was not able to provide. He emphasized that they needed board and care facilities and the alternatives of not letting them develop were not compatible to the needs of the community. Councilman Roth stated that he did not think the people were saying that they did not want any such facilities, but were objecting to the expansion of six residents to ten and now eight. Mayor Seymour noted that Mr. Bailey indicated there were 12 such homes in Anaheim. He asked how many of the same type homes there were in the County. Mr. Bailey answered that the homes he monitored were the homes they licensed of six residents or fewer. There were approximately 60 of these homes in the County. Mayor Seymour asked if he had any information or idea how many ~residential care units there were, assuming that Tympani was a residential care unit, of six or less in the City of Anaheim. Mr. Bailey stated that they did not have figures on room and board facilities because they did not consider them as residential care facilities. 80-754 .City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Mr. Nick Joiner, Chief Deputy Public Guardian for the County of Orange, appointed by the Superior Court as Guardian or Conservator for approximately 800 citizens of Orange County~ ]'hey bad placed and were responsible to the Superior Court for the care of people in the Singh residence. Although they did not have any- one at that residence at the present time, they were .looking forward to being able to make such placements in the future. He could personally vouch for the high standards of ca~-e that the Singhs gave, their high expe~ctations, and the improvement in the condition of the residents at the facility. In addition to the County monitoring service provided by Mr. Bailey and the licensing by the County and State, whenever the Orange County Public Guardian had a conservatee or ward of the court placed in a board and care home or any facility, they were mandated by the Court to provide regular visits to those homes and also to report to the Court periodically as to the progress of the resident. This is what they had done and why they could continue to place people with the Singhs. In answer to questions posed by Councilwoman Kaywood and the Mayor, Mr. Joiner reported the following: Somewhere between five and ten people had been placed with the Singhs over the period of a year. Some stayed two or three months and subsequently might require additional nt~rsing home care or be returned to a hospital. W]~enever someone was under their conservatorship, they were always available at night and weekends, not just during the day, to provide emergency care in the event of any need by the Singhs or by the resident manager. The Tympani residence was more like a boarding house and although it was possible that a person'living in the Tympani residence could be a ward of the court, it was unlikely that would be the case. Mrs. Carol Lawrence, Human Services Agency, stated one of the questions raised by the neighbors, one closely adjacent to the Cymbal home and one located near the Tympani home, had to do with the quality of the neighborhood and of the adolescent population. It was not all that easy to control what a neighbor's child was doing. There was a great deal of monitoring in the homes where their clients resided and what the neighbors had found out from the last hearing to this was, if they saw something that they did not like or were concerned about, they knew who to call and they had been doing so. That was not possible with a neighbor. She then explained the monitoring procedures used with regard to established residential care facilities. At this point in time for just the Holbrook home without the CUP, there were three different agencies who were closely working with the Singhs to insure the quality of care rendered to their clients was adequate, if not delivered at as high a quality as possible. They were asking the City to enter in with those agencies which, in effect, would mean that the City of Anaheim by allowing two more tenants in that home under a CUP, they would have the additional opportunity to maintain some controls over what was going into the Holbrook home. Councilman Overholt asked what .efforts, if any, did Mrs. Lawrence's particular unit make to educate the neighborhood on what the Singhs were intending to do. Mrs. Lawrence answered that they sent out a flyer to let them know that they could appreciate their concern as neighbors, etc. Apparently, however, not all the neighbors received the flyer (indicated from a reaction of the audience). She confirmed for Councilman Overholt that her office had just contacted the 80-75 5 ~ity. Hall,. Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. neighbors prior to tonight's meeting. A brief discussion then followed between Councilman Bay and Mrs. Lawrence as a result of Councilman Bay's concern over the lack of publicity over the program or direct mail from the agency to those neighborhoods where a residential care facility was going to be established. If the people in the neighborhood did not participate, he presumed they ran into resistance whe~ever they went into an area, and he could not understand a program being planned on that basis. Mrs. Lawrence conceded they should do more community education, but maintained there would still be some degree of anxiety experienced by the neighbors. Mr. Dean Werelius, Human Services Agency, License Director, stated they had a total of 161 homes in Orange County, 61 of which were for the mentally ill. They hsd a vacancy factor in their homes for the aged of about 50%, but in the homes for the mentally disordered, the vacancy factor was about 5%. They were hurting for such homes since many operators were dropping out of that program because they could not make it on six guests. The total income for a six-guest home was $2,130 month income from the Btate unless there was a private place- ment which was quite rare. The Singhs had private placements because they had provided rare quality care. They also had the ability to increase because they bad the rooms and space. The licensing standards were the same for up to 15 gues ts. Mayor Seymour asked of the 161 homes of the same matched type, how many were in Anaheim. Mr. Werelius answered of the 161, there were 14 for the aged and 6 for the mentally ill in Anaheim, which figures were an estimate. After further Council questioning of Mr. Werelius, the Mayor asked to hear from those in opposition to CUP No. 2072. The following people spoke in opposition to the granting of CUP No. 2072 for the below listed reasons which highlighted their testimony: Mr. Robert Post, 1728 North Holbrook, first presented the Council with a petition containing 83 signatures of the adults in the immediate area opposing CUP No. 2072 and urging the Council to deny the commercial venture, as did the Planning Commission (made a part of the record). Mr. Post thereupon read the petition outlining the basis of the residents' opposition. Mr. Post then stated that three and a hail years ago according to the testimony tonight a care facility was established across the street from his house. No one including the operators of the residential care facility, the County or City contacted any of the neighbors or discussed anything about the establish- ment of the home. He did not think that the program was well organized. He then referred to the letter sent by the County of Orange Human Services Agency (received at the C~ty June 9, 1980--made a part of the record) to the residents of the area signed by Dolores E. Churchill, Deputy Director, Human Services Agency/Social Services. He questioned the propriety of the letter since a County agency on County letterhead was lobbying for an income-making business venture. He also disagreed with several things that had been stated in the 80-756 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. letter. In particular relative to traffic, the claim was made that none of the residents at that home owned vehicles. That may be true today, but it may not be true tomorrow. There had been people and there were other guests from the two other facilities who did own automobiles who constantly visited the Holbrook area. Mr. Post then read a prepared statement (three pages--made a part of the record) in which he gave his overview of the situation surrounding the facility at 1737 North Holbrook and listed his major points of concern and opposition. He also clarified for 'Councilman Roth that he was still in opposition even though the requested expansion was reduced from 10 to eight residents. Mayor Seymour then questioned Mr. Post relative to his testimony that some of the tenants had been hanging out at the shopping center and loitering at stores. He asked if he had witnessed that and if so, to elaborate. Mr. Post explained that he personally had not witnessed anything other than the loitering at the school area. His daughter reported that activity to him and he observed it once. The Mayor stated he was interested in knowing if he or his daughter or a neighbor reported to him (Post) conduct other than that which he described--a tenant of the residential care facility following groups of students home from school after classes concluded. Mr. Post answered "yes", he observed what he called "hanging out" or loitering in the area of the shopping center. He also confirmed for Councilwoman Kaywood that the gentleman who was loitering was not bothering anyone in any way that he observed. Mr. Pat Marky, owner-occupant, 1721Holbrook, stated that he believed all the neighbors were aware the home was some kind of facility for at least two to three years, but did not know exactly what it was, if it was licensed and how it came about. He did not come before the Council to debate the benefits or lack of benefits regarding the home's mental health program. His main concern was changing the residential area into a business area. If one variance was granted, what would stop the next home wanting ten residents or establishing day care centers. At what point would they draw the line. He emphasized that they had to take a stand on the first request for change, and the time was ROW. Councilwoman Kaywood asked if there was a guarantee that there would only be eight residents and no more, would he then object; Mr. Marky answered that he did not believe a guarantee could be made. Councilman Roth explained the request for a CUP was not changing the zoning to commercial. RECESS: By general consent, the Council recessed for 10 minutes. (9:12 p.m.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council.Members being present. (9:22 P.M.) 80-757 C_ity Hall, Anah___eim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Maria Magdalen0, 1732 North Holbrook (across the street from the Singh facility), stated that she was the mother of three small children, i0, 8 and 2. In ~rch 1980, Mr. Singh approached her and her husband regarding the request for a CUP to add four more emotionally disturbed adults to his facility. They mentioned to him their disapproval of the adult man constantly staring into and passing their yard. Mr. Singh stated they should not worry because he was under medi- cation and did not even know what he was looking at. They then mentioned to Mr. SiL~gh that they felt that was even worse. Mrs. ~Singh later visited her to expand on and apologize for the man's lack of awareness and he was also made to apologize which embarassed both of them. She also relayed another incident involving one of the other residents where .she felt the situation was handled improperly by Mrs. Singh. In concluding, Mrs. Magdaleno stated that if the Singhs were given approval to add more residents, she felt that a degree of their children's freedom to feel safe outside their yard, either themselves or with the neighbor's children, would be lost. Their children did not understand the situation across the street, nor did they feel they were old enough as yet to have it explained to them. Mro Robert Penco, 4726 East Tanglewood, asked what guarantee did they have that the residents of the facility were not going to harm their children. He was concerned if his child did something to one of them in front of his home, that.action might trigger behavior that would harm his children. He wanted to know if the mental health people could guarantee that the residents of the facility were not going to harm his child in a~y way, shape or form. Mrs. Victoria Lopez, 1790 Holbrook, first stated that she did not think anyone could deny the good that had transpired because of the residential care facility; however, they were missing the whole point. Instead of coming in "under the carpet", there should have been public and community knowledge of the situation. The community was under mental d~ress caused by the infringement on their right by not being told what was happening. They were dealing with human~rights. She was a single parent with two children and one of her daughters had been approached by one of the young men from the Singh facility and asked for a date and later on, he came again. By increasing the amount of people at the facility, they were increasing the chances of the incidences of violence. She urged the Counci~t to look at every aspect--human rights and infringements upon those rights, human feelings, lack of communication, public knowledge and education. Mr. Richard Macklimora, 1725 Holbrook, stated he was aware that they had a "non-normal" household in the neighborhood, but did not feel it was too much of his business. He relayed an incident where a 20-year old man (resident of the facility) wanted to play with his ten-year old daughter and il-year old son which disturbed him. He maintained that lack of communication was a great deal 'of the problem. ~en Mr o Singh had a cocktail party at his house a month prior to the Planning Commission hearing, he stated one of his managers drove a car at 1725 Holbrook. He also stated he lived at the Tympani address where the party was held, but now he did not reside there. He wanted to know where he did reside. If in none of the three homes, did he have another home, and was this a big business venture. The situation was very confusing and that also disturbed him. 80-758 city Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. Mr. Dick Graham, 18552 Tango Avenue, Anaheim, in the County strip just a block away from Holbrook, stated that a few months ago he was made aware of a man buying up homes in the area and moving mentally retarded or disturbed people into those homes. At the time, it did not bother him all that much, but today he took time off work to research the public records, compiled for the hearing. In one of the documents, it was noted that the County Grand Jury indicated there was not too much anyone in any given residential community could do about anyone who wanted to take his residence and start a residential care facility, and it was not considered a business. He questioned when a man was grossing something in the order of $6,000 a month off of three different homes, all in a stone's throw of one another, if that was not a business, what was. Mr. Singh was commercializing the neighborhood, the little three-block area in which they lived. Previous testimony revealed that there were approximately six homes in Anaheim being used for the subject purpose. Two were owned by Mr. Singh and a third located a block away in County territory which could be considered a third in Anaheim. As well, the residents of the facilities could cause harm to their children and that had to be considered. He maintained that it was business, and it sounded like big business. Mr. Bob Warner, 1736 Holbrook, first submitted a complaint dated May 25, 1980, signed by Mr. A1 Kelly, Bourbon Street Liquor manager, and Elmer Green, Plantation Cleaners (made a part of the record), wherein they stated that tenants of both 1737 North Holbrook and 6432 Cymbal were observed loitering, shoplifting and soliciting themselves of sexual favors for cigarettes and spending money. He later explained for the Mayor and Councilman Overholt how he had obtained the document which he and a neighbor prepared, but which was read and signed by Mr. Kelly and Mr. Green. He also submitted another copy of the floor plan of the home containing square footage figures which differed from the one submitted by the petitioner. He had measured two homes with identical square footage and contended that even w~th the patio facility, the square footage was only 2,089 square feet. When he was passing the petition, he asked different people different questions. One man who stated he worked for the City said he was under the understanding that no care facility of any nature was allowed to administer drugs or narcotics. He wanted to know if that were true and if they had to be medically licensed to dispense drugs, as did Mr. and Mrs. Singh. Mr. Warner then relayed several incidents ~nvolving tenants of the residential care facility and elaborated on other points. He stated that the 24 hour super- vision indicated was not true and that the tenants were allowed to roam the streets unsupervised. In concluding, he stated they were doing a fine job with the people living at the facility, but once the tenants left the house, he could not see any- thing good about it. Mr. Gary Meek, 1750 Holbrook, stated that the idea of a business in the neighborhood concerned him and, being a parent, he was concerned for his children and also his wife. He relayed several ~ncidents that had occurred, one where there was a young man about 19 to 22 pounding on the fence across the street from his home about 11:00 p.m. His wife alerted him to the fact and when he walked out to the front yard, the young man started walking down to Orangethorpe and dis- appeared. About three months ago when the Singhs invited them to their home 80-759 CitM Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. to explain the waiver on the building permit, he (Meek) asked Mr. Singh about the screening' of people into the program relative to the aspect of violence. Mr. Singh assured him that when people were screened into his program, they tried to filter out any violent activity. When he (Meek) asked about the young man he saw, Mr. Singh said be was under medication and he was being filtered out of the facility, and it would take about 30 days.' Mr. Meek expressed his concern over that time period and considered 30 days to be too long. Mrs. Barbara LeHouil]ier, 41730 East Tanglewood, stated she was the original homeowner in the area since 1967. She emphasized how residential their area was and'how they raised their families there and were very pleased to be citizens of the City. She felt at the moment that they were being deserted. The Mayor noting that Mrs. LeHouillier was the last person to speak, concluded testimony of those in opposition. He thereupon gave the petitioner an opportunity to rebut, limiting such rebuttal to not more than 15 minutes. Mr. Bennett stated he would speak to particular parts: (1) The amount of money the Singhs were making was somewhere in excess of $2,100 if they kept their house at full maximum occupancy. Out of that, they were providing night-time and day- time supervision entailing three eight-hour shifts, food, cleaning of clothes, and all domestic needs. They were also both employed in that activity. (2) The number of units located in Anaheim was approximately six of this particular size, meaning that Anaheim was providing places for approximately 36 people. On a State-wide average, considering the size and population of Anaheim, he did not think the City was providing its fair share and the use should certainly be expanded. Councilman Roth ]lad stated that the citizens were merely objecting to the increase, but he felt the wording of the petition opposed that contention in that they were opposed to the very existence of the facility~ The majority of the testimony given also opposed that. Even when questioned if they were informed or educated, how would they then feel about the facility, they still did not want it. (3) He did not understand the confusion about the Tympani residence. It was a house and not a residential care unit. The Singhs resided there up until approximately the end of last month. (4) There were comments made that the Singhs seemed to own a majority of the facilities located in Anaheim~ Judging from the testimony he heard, letters he had read and people he had talked to for the past couple of weeks, he would congratulate the Singhs because they were doing a superb job. If they were capable, they should be allowed to expand the facility. They needed people who were capable, not those who were incompetent. (5) Periodic checks on the facility were random and unannounced. Councilman Roth interjected and stated that there was a 9:30 p.m. curfew~imposed by the operators and testimony was given that someone was out of the facility at 11:00 p.m. Mr. Bennett stated he may have slipped out; however, he did not hear testimony that the boy was actually a tenant of the facility? Councilman Roth pointed out that Mr. Meek subsequently spoke to Mr. Singh who said it was a boy that they were going to phase out in 30 days. 80-760 City Hall, Anaheim, California - COUNCIL MINUTES- June 10, 1980, 1:30 P.M. Mr. Bennett stated there seemed to be c~ncern about the 30-day phasing out time period. If a person was in a mild stat,~ of rebelling to the situation, it would take some time to phase them out. However, if they became unmanageable, they could be removed instantly, and it did not take 30 days. (6) Mr. Bennett continued as far as education of the people in the neighborhood, there had been many efforts on the part of the Social Services Department to educate people in the neighborhood which had been resisted. Councilman Overholt asked what other efforts had been made other than the letter sent by the Department of Social Services about a week ago. Mr. Bennett stated that he did not know of any other efforts made by the Department, but the Singhs had put forth efforts themselves which had fallen on deaf ears. He also pointed o~t that there was legislation being proposed at this time to increase the limit of the s~bject facilities to 15 residents. (7) He had never seen anybody that could not find somebody to complain to. If nothing else, they could call the local Police Department who could at least refer them to the proper agency or someone who could do so. The young man about which a complaint was made over his standing around during school hours worked full-time for Coodwill Industries. If he was hanging out or walking around the neighbo[hood, it was in the evening or on weekends and not during school hours. (8) Many speakers stated they knew the place was a facility more than a month or two weeks ago. If so, because they did not acquire or pursue it further, it did not show a lot of concern on their part for the neighborhood. The immediate neighbors even signed the approval for expansion until the whole matter got snowballed. One final point relative to the speaker who stated that the property owners felt deserted by the City because the City was even considering a CUP, he asked what about desertion of the people who needed the help. They could not be deserted either and they had to weigh the interest involved as to what they owed to those citizens as society. If those interests were weighed, they would find it to be in favor of granting the requested permit. Mayor Sebqnour noted that Mr. Penco had asked if any guarantee could be provided that no harm wo~.~ld come to his family, and Mr. Warner questioned under what authorization were drugs administered if they were being administered. Mr. Bennett first answered that he did not know the answer to the latter question, but as far as guaranteeing the safety of Mr. Penco's children, he could not · guarantee the safety of his own children from people either emotionally disturbed or normal. He pointed out that most homicides Were committed by friends. Councilman Bay asked where Mr. Singh lived; Mr. Bennett answered that he did not know Mr. Singh~s present address. Mr. Kartar Singh stated that at present he lived at 6032 Cymbal in the County area about 1000 yards away from Holbrook. They lived there while his son was staying at Cymbal. On the 22nd of last month, his son moved to an apartment, necessitating their move to Cymbal because they provided 24-hour supervision both at Holbrook and Cymbal. He noted that Mr. Post was objecting to the cars 80-7~ 1 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. of the residents. Th&re was one resident at Cymbal who had a car, but he was no longer there, and there was no resident either at Holbrook or Cymbal who had a vehicle now. The request for the CUP was only for Holbrook. He did not go to any of the neighbors until last night apart from the gentleman who he had invited to his home. He then submitted letters of support from the neighbors who could not be present (made a part of the record) one from Paul Lovetere, 6441 Cymbal, across the street from the 6432 home, another from L. Hutchens, 6421Cs~bal, also across the street, and one from Leland Larsen, 1841 Tympani Street, across the street from Mr. Singh's home. He also read the letters into the record. He explained that he had only five residents at Cymbal at present, all young men in their 20's and he noted that their residents were not idling anywhere. He further explained that the house at Holbrook was never locked and either himself, his wife or someone was always there. It was not correct that they did not supervise the facility--there was 24-hour supervision. He reiterated they were not supposed to have locked doors and they could not put a lock in the inside in order to detain the residents. The Fire Marshal required that they should be able to open the door and go if necessary. Therefore, they could leave at any time and at times it did happen and it was not possible for anybody to check those things. Relative to property values, he felt he should be the most concerned because he owned three homes in the area and kept the properties in much better shape than most of his neighbors. Before con- cluding, Mr. Singh relayed background information on one of their residents and the progress made, emphasizing the benefits of the care being provided. The Mayor then closed the public hearing. Mayor Seymour stated they certainly had full input which started approximately three and a half hours ago. The point had been made and he agreed that, in fact, they needed to have compassion, understanding and be willing to extend themselves to the people being cared for, such as Ms. Wolfe who pulled herself up and returned to normal society. They needed to provide that opportunity and he felt the Council had in the past and continued to understand the need to provide that compassion, care, health and understanding. They all had a burden to share and the types of difficulties they all had as human beings. He totally disagreed with Mr. Bennetts' definition of what was a fair share. He had computed the data he asked for during the meeting. Mr. bliller stated there were 800 to 900 facilities throughout the State. If that were true, and if it was also true relative to the statistics that Mr. Bailey reported regarding residential care facilities in Anaheim as well as in the County of Orange, the facts were--Anaheim had 1.3% of all the residential care facilities in California and Anaheim had 1% of the total population of the State. If it were also true that there were 60 residential car~ {acillti~s in the County as Mr. Bailey stated, Anaheim had 12, or 20%, and the City represented 10% of the population of Orange County. Of twelve residen- tial care facilities, Anaheim had in excess of that 10%. Actually, Orange County carried its share of 20% of all the residential care facilities in the State and Orange County represented approximately 20% of the State's popula- tion. Relative to what Mr. Werelius indicated, there was a total number of 161 care facilities other than those caring for children in Orange County and he also stated Anaheim had 20, or 12.4%. Thus, Mr. Bennett's argument relative to fair share was totally inadequate and did not have much of a base that he could tell. 80-762 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980~ 1:30 P.M. The Mayor continued that in looking further at that particular neighborhood involved, although they could argue whether there were two or three facilities, assuming it was two, they were asking that neighborhood to bear more than its fair share. The neighborhood was carrying enough of a load and Anaheim was carrying its fair share, not that they were closing the door. Perhaps they should be located in other neighborhoods, but this neighborhood had been under stress, strain, duress and uncertainty, and he agreed with the people who faulted the process in the lack of communication regarding the uses taking place in the neighborhood which were valid, but not shared with the neighbors until there was a need to come before a public body and ask for additional benefits. He felt if proper education had taken place, the stress, strain and duress that had taken place, although there would probably be some, the majority of the people would understand and would take their fair share of the burden because they were good citizens. He had to put himself in the shoes of the people who lived in that neighborhood and from what he had heard, he did not blame them at all for how they felt. They had done more than their fair share by accepting the two facilities in that neighborhood. For those reasons, he was going to oppose the issuance of Conditional Use Permit No. 2072. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Bay, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact due' to the approval of the negative declaration since the Anaheim General Plan designates the property for Low-Medium Density Residential Land uses commensurate with the proposal that no sensitive environmental impacts are involved in the proposal and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts and is there- fore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Seymour thereupon offered Resolution No. 80R-263 for adoption, denying Conditional Use Permit No. 2972, upholding the decision of the Planning Cormnission for the reasons they had stated, as well as the foregoing reasons he had articulated. Refer'to Resolution Book. RESOLUTION NO. 80R-263: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING 'CONDITIONAL USE PERMIT NO. 2072. Before a vote was taken, Councilwoman Kaywood stated as a parent she had an understanding of the situation. She questioned how children could be taught to be friendly and also be cautious with strn~ers. As responsible parents, the residents wanted to protect their children, but it was difficult to do so without making them paranoid. When an adult wanted to play with children, she could understand the fears and the needs. There were so many residents involved who owned their own homes and wanted to protect their investment and environment and she sympathized with them. She also felt that the situation was handled badly. While it was true that six residents were able to be approved without a CUP, she could not watch the entire roomful of people who were so concerned and say to them that it was okey to take in more people. She did not think it was appropriate and would support the resolution. Councilman Bay stated it was apparent that State and Federal action had taken away Local controls to the extent of six people living in what he considered by pure zoning laws a commercial operation. He did not think there had been a 80-763 City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. question all night as to what was being done but a question of where it was being done. Since the Federal and State special programs had allowed six people into a residential neighborhood beyond the control of any local ordinances, it was apparent they could not do anything about it, but they could do something about issuing CUP's or setting a precedent to start granting CUP's within residential areas all over the City. There would no doubt be a great deal of pressure from the State, the State Supreme Court and the Federal courts, but they were faced with those pressures all the time. He did not like the idea of the State mandating social programs into a City and overriding its local ordinances and rules.. From that standpoint, he was biased, not against the program, but the way it was being done. He would definitely support the resolution of denial and would probably support resolutions against them in the future as they received more and more pressure being imposed upon them from outside their own jurisdiction. Councilman Roth stated that everything that had been said by both the Mayor and Councilman Bay was all that was needed for him to cast his vote. Councilman Overholt stated that he had not heard anything tonight that would lead him to believe that the Singhs were doing other than a very good job. However, he did not agree with Mr. Bennett when he stated because they were doing a good job, they should be allowed to expand and that was really the issue. They were operating under existing laws that the State Legislature im- posed upon the City. The State decided to make it easy for facilities with six guests who operate in cities. The Human Services Agency was then charged with the responsibility of carrying out that law and they were interested in finding more beds or more placements for people who needed that kind of treat- ment'and thus they were doing their job. The Public Guardian was charged with the responsibility of placing his wards and he also wanted to find more places to place his people. He was talking about the system to which Mr. Singh referred. The City Council, as its first allegiance, had to consider the citizens of the City. That was where the agencies of government clashed. Philosophically, they agreed with the County, the State and the Public Guardian, but he reiterated, their first allegiance was with the citizens of the community. As the Mayor stated, and it was obvious from the statistics, Anaheim was doing its fair share. If not, he would have some difficult decisions to make. He also felt that communication was the answer. He was going to support the resolution. The Mayor also asked that the record show that his resolution of denial affirming the.findings of the Planning Commission also took into account that the request was amended from ten residents to eight and there would be no physical expansion of the home. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 80R-263 duly passed and adopted. 80-76f+ City Hall, Anaheim, California - COUNCIL MINUTES - June 10, 1980, 1:30 P.M. ADJOURNMENT: Councilwoman Kaywood moved to adjourn to Friday, June 13, 1980, at 10:00 a.m., for a budget work session, with the public hearing on the budget to be continued to June 24, 1980, at 3:00 p.m. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 10:50 P.M.