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1979/04/0379-360 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, K~ywood, Kott, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts FINANCE DIRECTOR: George P. Ferrone FIRE INVESTIGATOR: Norman Morgan TRAFFIC ENGINEER: Paul Singer DEPUTY CITY ATTORNEY: Malcolm Slaughter Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Canon John Kimball Saville, St. Michael's Episcopal Church, gave the Invocation. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and approved by the City Council: "Day of Reverence - Good Friday" - April 13, 1979 "Angel Town, California" - April 10, 1979 "National Library Week" - April 1-7, 1979 Mr. Tommy Tomassen accepted the proclamation on the "Day of Reverence" and Mr. Bill Griffith, City Librarian, accepted the "National Library Week" proclamation. 119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously adopted by the City Council on the untimely passing of Dale Carroll Rosenbloom, owner of th~ Los Angeles Rams, to be presented to his family, and that a formal ~tate of mourning be declared throughout Anaheim with flags on all public buildings to be lowered to halfmast through Monday, April 9, 1979 in memory of Mr. Rosenbloom. MINUTES: Deferred. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $657,980.14, in accordance with the 1978-79 Budget, were approved. 79-361 City Ha.lip Anaheim~ California - COUNCIL MINUTES - April 3~ 1979, 1:30 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the following actions were authorized as recommended by the City Engineer: a. 164: Continued the award of Project Alpha Off-Site Water Main (Account No. 51-606-6340-25070-34350) to April 10, 1979. b. 169: Continued the award of Nohl Ranch Road/Meats Avenue Improvement Project A.H.F.P. Project Nos. 908, 909, and 846, (Account Nos. 13-792-6325- 2130, 13-794-6325-4090, 01-794-6325-4090, 13-792-6325-2150) to April 10, 1979. MOTION CARRIED. 175: REQUEST FOR EXTENSION OF BID OPENING DATE - 69 KV TRANSMISSION LINES: (Lewis Substation to the vicinity of Kraemer Boulevard and La Palma Avenue and the Yorba Substation to the vicinity of Santa Ana Canyon Road and Anaheim Hills Road) Councilwoman Kaywood offered Resolution No. 79R-186 for adoption as rec- ommended in memorandum dated March 27, 1979 from the Public Utilities General Manager, extending the bid opening date to April 19, 1979 at 2:00 P.M. Refer to Resolution Book. ' RESOLUTION NO. 79R-186: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 79R-151 TO EXTEND THE BID DATE FOR THE CONSTRUCTION OF 69 KV TRANSMISSION LINES, ACCOUNT NO. 55-668-6328-73520-36400. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-186 duly passed and adopted. 144: A.H.F.P. PROJECT NO. 932 - ANAHEIM BOULEVARD-HASTER STREET OVERCROSSINC OF THE SANTA ANA FREEWAY: Councilwoman Kaywood offered Resolution No. 79R-187 for adoption as recommended by the City Engineer in memorandum dated March 26, 1979. Refer to Resolution Book. RESOLUTION NO. 79R-187: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE COUNTY OF ORANGE FOR PROJECT NO. 932 OF THE ARTERIAL HIGHWAY FINANCING PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Before a vote was taken, Councilwoman Kaywood referred to Page 4 of the Agreement where she believed there was a reversal of the words "City and County": Line 14, should be, "...not delegated to the County." Line 16, insert the word, "City" harmless.. Line 19, should be "...to the County under this agreement". City Attorney Hopkins concurred in those corrections. A vote was then taken on the foregoing Resolution. 79-362 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-187 duly passed and adopted. Later in the meeting Councilwoman Kaywood reported that City Attorney Hopkins pointed out that the only correction necessary relative to the above would be to insert the word "City" on Line 16. City Attorney William Hopkins explained they had checked with the County Counsel and there was a "not" in the wording which they preferred to have left in place. It was his opinion that was satisfactory and all that was necessary was a correction on Line 16, "and hold the City harmless". 156: CALIFORNIA WITNESS PROTECTION PROGRAM (CWPP): Councilman Roth offered Resolution No. 79R-188 for adoption as recommended in memorandum dated March 22, 1979 from the Chief of Police, George Tielsch. Refer to Resolution Book. RESOLUTION NO. 79R-188: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO PARTICIPATE IN THE CALIFORNIA WITNESS PROTEC- TION PROGRAM (CWPP) AND TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE THEREFOR. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-188 duly passed and adopted. 103: ANAHEIM HILLS NO. 28 ANNEXATION: Councilwoman Kaywood offered Resolution No. 79R-189 for adoption as recommended in memorandum dated March 23, 1979 from the Planning Director, Ron Thompson. Refer to Resolution Book. RESOLUTION NO. 79R-189: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS ANAHEIM HILLS ANNEXATION NO. 28. (9.76 acres located in the Edison easement, south of Imperial Highway) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-189 duly passed and adopted. 79-363 .City Hall., Anaheim, California - COUNCIL MINUTES - April 3~ 1979, 1:30 P.M. 128: FINANCIAL STATEMENT - SEVEN MONTHS ENDING JANUARY 31~ 1979 AND EIGHT MONTHS ENDING FEBRUARY 28~ 1979: Mayor Seymour questioned the disproportionate budgeting of interest earned in the Utilities Department and the continuing billing problem of the Data Processing Department to MDS for money owed the City. Mr. George Ferrone, Finance Director, first explained that the yield rate had increased 60 to 65%, and they would be substantially ahead of the budget by years' end in the amount of approximately $2 million. Also, the implementation of the Money Max System had done great things as far as increasing the City's yield portfolio. They did not know their rates were going to increase as much as they had, nor did they realize how much benefit they would receive from Money Max. A combination of those two factors accounted for the increase in the level of interest income, and they would now be maintained at a constant level. City Manager William Talley also stated that under cash flow, certain bond proceeds in both the Redevelopment Agency and Utilities Departments were not extended as programmed, leaving the money available for investment. Mr. Ferrone then explained that relative to the MDS billing, it had been setmp to be billed on a quarterly basis and would be current again in March. At present, it appeared that they would be $100,000 to $150,000 short of their projections by the end of the year, the reason being they had anticipated adding more cities ~-- than they were able to add. Mr. Talley further explained that the program was to add approximately six cities and only one-half were added thus far. The bulk of the money anticipated to be spent was going to be offset by the revenues. They were not expending the money, and they were not receiving revenues. Thus the Data Processing budget itself was in balance, but they were not signing cities at the rate they expected at the start of the year. Mayor Seymour stated he had opposed the concept of the Data Processing Department competing with private enterprise. He stated a year ago that in his opinion, it would not work and it would turn out to be a financial fiasco and although it was not presently at that stage, it appeared to be headed in that direction. Mr. Talley explained that the revenues were estimated by MDS and additional services were also budgeted. The budget therefore anticipated that they would not only be giving more money, but also asking for more services. Mayor Seymour stated that the Data Processing Department was ready to purchase new hardware and to spend substantial amounts of money, betting that they would be successful in competing with private enterprise. He was suggesting to the Council they watch the direction of that Department to preclude any trouble. Mr. Talley stated they did not buy the equipment because the new orders were not realized. Mr. Ferrone also confirmed that starting next month, they would be budgeting on a monthly basis on MDS which would normalize the peaks and valleys currently experienced. 79-364 Cit~ H~ll~ Anaheim~ California - COUNCIL MINUTES - April 3~ 1979~ 1:30 P.M. Mr. Dave Morgan, Staff Assistant, Data Processing Department stated the agree- ment allowed for quarterly or monthly billings and in reviewing the billing process, they discovered it was best to bill on a monthly basis. Councilman Overholt stated that primarily through the Mayor's admonition a year ago, he too had become concerned regarding the MDS program as most Council Members. The fact that the revenues were down and expenses were down was an indication that all participants in the program, as well as staff, shared that concern. He was hopeful there could be a final evaluation of the phil- osophy of attaching a tenet to that program so as to avoid the types of pit- falls about which the Mayor spoke a year ago. Councilwoman Kaywood stated she recalled the City's cost were considerably under what the County was paying for Data Processing services and the County experienced constant problems. Mr. Talley stated that as a percentage of the budget, the City's cost were substantially under, but they did not have a way to compare that directly with the County. Statistically they were charging less than comparable agencies. Councilwoman Kaywood also asked if they had purchased any hardware that was not needed for the City's requirements. Mr. Talley answered they were only charging for a larger computer than they otherwise would require because they shared the base unit. Ail of the peripheral equipment was billed to the users, the City, or MDS cities. MOTION: Councilman Kott moved to receive and file the Financial Statements for the 7-month period ending January 31, 1979 and for the 8-month period ending February 28, 1979. Councilman Overholt seconded the motion. MOTION CARRIED. 105/175: DELEGATING THE PUBLIC UTILITIES BOARD THE AUTHORITY TO CONDUCT HRARINGS: Councilman Kott offered Resolution No. 79R-190 for adoption as recommended in memorandum dated March 28, 1979 from the City Attorney's office, delegating the Public Utilities Board the authority to conduct hearings in accordance with the Public Utilities Regulatory Policies Act of 1978. Refer to Resolution Book. RESOLUTION NO. 79R-190: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DELEGATING TO THE PUBLIC UTILITIES BOARD OF THE CITY OF ANAHEIM THE AUTHORITY TO CONDUCT HEARINGS PURSUANT TO THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-190 duly passed and adopted. 79-365 City Hall, An.aheim~ California - COUNCIL MINUTES - April 3~ 1979~ 1:30 P.M. 114: STATUS OF HOTLINE COMPLAINT: Councilman Kott asked for clarification on a hotline complaint received by a Miss Neill regarding a charge for towing by W&W Towing which she believed to be excessive, noting that Deputy City Attorney Howard Brody responded to the complaint explaining that it was a civil matter and also noted that W&W was not permitted to engage in private property impounds in Anaheim. He (Kott) wanted to know what was going to be done. City Attorney Hopkins stated that the matter was discussed with Lt. Gaston and a further investigation of the activity would be undertaken by the Police Department since there was violation of the Ordinance and that action was in process. 105: VACANCY ON COMMUNITY SERVICES BOARD: City Clerk Linda Roberts announced that there was a vacancy on the Community Services Board and with Council permission the appointment of a new member would be placed on the Council agenda on April 10, 1979. No objection was voiced. 102: USE OF IMPOUNDED ANIMALS FOR RESEARCH: Mayor Seymour first explained that the Council previously adopted Resolution No. 78R-569 opposing the use of stray animals for research purposes at the meeting of August 29, 1978 (see minutes that date). Subsequently Councilman Kott brought it to the attention of the Council that they should reconsider their previous stand on the issue. Both sides, for and against, were present today and he asked first to hear those in support of the use of impounded animals for research. It was also ascertained by a show of hands that there were approximately eight in favor and eight in opposition who wished to speak on the matter. Dr. Ronald Karlsberg, Chief Cardiovascular Physiology Assistant Professor of Medicine, University of California, Irvine, 16332 Spartan Circle, Huntington Beach, read from a prepared statement indicating the issue under discussion would have a profound impact on the citizens of Orange County and it was now necessary to consider the interest of the community at large and not just a vocal, sincere, but misdirected minority. He then gave his qualifications and emphasized the fact that he was before the Council today, foregoing all of his professional duties including research which would eventually lead to new drugs, cures and devices, because research at his institution and others in the community had already been severely hampered by resolutions similar to that passed'by Anaheim. His research in looking for new ways to treat heart attacks had already lost over one month's time this year because of the unavailability of animals from the shelter. The opposition was almost entirely from the anti-vivisectionists which had blatantly misrepresented the issues and unfortunately when the resolution was originally discussed, only one side was heard at the Council meeting. An extensive presentation then followed by Dr. Karlsberg, revolving around his letter to the Council dated March 28, 1979 and the documentation submitted therein - "Guide For the Care and Use of Laboratory Animals," AAALAC activities report, and resolution supporting the ethical use of animals in research for the cure and control of diseases (on file in the City Clerk's office). In concluding, he urged the Council to rescind the current Resolution 78R-569 and to introduce and pass the revised resolution to help undo the harm that had been done. He also stated that all of the individuals from both sides who could answer the Council's questions were present today: Dean Van Den Noort, Dean of the Medical School, University of California, Irvine, Dr. Winchester, Assistant Dean and Director of Animal Resources from UCI, Dr. Rutger, Chief of 79-366 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 3~ 1979, 1:30 P.M. NeoNatology, Childrens' ~ospital Dr. Walter Henry, Cheif of Cardiology, UCI, Dr. Batzel, Chairman of the Animal Care Committee, Long Beach Veterans Admin- istration Hospital, and in addition many of the concerned residents and individuals. Mrs. Lucy Buckman, 702 Los Verdes Drive, Rancho Palos Verdes, stated she was present as a pet owner and research assistant. In her present work, she had never seen an animal mistreated and she had worked in many laboratories involving animal research and was astonished at how well cared for animals were. The studies performed on the amimals were always passed before or approved by an ethics committee to insure that the animals would not be misused. Research required and continued to require a large number of animals in order to aid in the development and advancement of medical technology. Mr. Mike Burgess, Chief of Pulmonary Profusion, with 10 years of experience in Cardiopulmonary Bypass, presented an artificial lung along with the oxygenator unit which he explained kept people alive during cardiac surgery. He stated that he played a very large part in the development of the oxygenator and advised that it could not have been developed and used safely in humans without the availability of shelter animals for preliminary testing. It was devised and designed to reduce the amount of blood necessary during heart surgery. As well, he had a great deal of control over the care of the animals used during the experimental procedures and he assured the Council that they were not mistreated. His major concern was that they not suffer pain during the course of experimentation. He asked the Council to seriously reconsider their previous stand on the issue. Dr. Henry Batzel, Chairman of the Animal Resources Committee, Long Beach Veterans Adminstration Hospital, 9742 Orangewood Avenue, Garden Grove, stated he had 30 years of experience in medical research and he was also a dog owner and dog lover. One of the greatest stories in the history of medicine was devoted to the disease of diabetes. He was not certain how many animals were sacrificed in understanding the diseases, but was certain it was a considerable number. It was not until the mid-1920s when diabetes was fully understood and the agent insulin isolated, tested and found to be effective in its control. He also knew of one case in Anaheim in which a dog was being treated for diabetes. Mr. Mark Warren, 16806 14th Street, Huntington Beach, a 15-year old student at Huntington Beach High School, stated that in his biology class, he had discovered the great need for radical research of animals to solve many of the medical problems in the world today. He found it hard to believe that some people would rather kill a homeless, unloved animal, instead of letting them be used for medical research where their lives could have some meaning. He was also the owner of a German Shepard and would not like to see something happen to her. If the Council failed to adopt the proposed resolution encour- aging the ethical conduction of research, they would leave very little in the way of hope for the doctors of his generation. He did not think there was anyone present that would volunteer his body for research in place of an unwanted animal. 79-367 .City ~all, Anaheim~ California - COUNCIL MINUTES - April 3, 1979~ 1:30 P.M. Dr. Ralph Rucker, Chief of NeoNatology at Children's Hospital, 1627 Chanticleer, stated he was responsible for the care of premature babies, infants and children at Children's Hospital of Orange County (CHOC). He then explained the advances and the state of the art relative to the care of premature babies and pointed to a specific case of hyaline membrane disease which claimed the lif~ of the Kennedy baby in 1963. Those babies today had a 60% to 70% chance of survival, up from 10% in 1963. The change occurred as a result of research in the development of the premature lung in and out of the uterus. A large share of the work in the development of the enzyme system in which the lung matures and the work of delaying labor occurred in animals. At UCI, they recently developed a treatment which he explained called Ecmo done through the use of animals from the County Pound. It was only by the experience learned from the animals that they were able to teach the technique which had been used in adults down to little babies. The UCI Medical Center and CHOC were the only place in the country using the technique on a consistent basis. He encouraged the Council to recon- sider the issue. The following people spoke in opposition to the use of pound animals for research: Ms. Marilyn Jones, resident of Santa Ana, first submitted to the Council docu- mentation (Page 1-15) entitled, University of Southern California, Los Angeles, memorandum to the Board of Supervisors, Orange County from Dr. Eugene Yates, Director, Biomedical Engineering Center dated September 5, 1978 (on file in the City Clerk's office). Ms. Jones stated the documentation was both for clarification and hopefully edification and a guideline, so that neither during or at the conclusion of her presentation, would there be any question as to the validity of her statements. An. extensive presentation followed revolving around the documentation submitted upon which she elaborated specifically on those items in sections underlined in red, as well as upon a number of experiments performed on cats and dogs. In concluding, she stated that the Council had both heard and read for themselves what happened to animals taken from the Orange County Pound to research laboratories. Today, strays taken from Anaheim to the Pound were spared what she called agonization. She presumed it was difficult for Council to try to decide what they felt was best for the well being of the people of the City and Orange County as a whole. She asked that as they searched for an answer, that answer would be a worthy one. Virginia LaRue, 1228 East Hampshire Street, President of Pet Savers, based in Anaheim first described some of the inhumane experiments performed on animals., much of which had been done under paralyzing drugs and not anesthetics. Vivi- sectionists felt that man was the most intelligent species and he had the absolute right to do what he pleased with all living things. If it was right to torture laboratory animals for the benefit of mankind, then it would also be right to torture one man for the benefit of 100 men. She continued that reports by experimenters themselves had been published in leading journals such as.Britians, Lancet and the American, German and Swiss counterparts. She then read some of the statements published. In closing, Ms. LaRue stated that relative to pound animals, she had talked to many people and asked them if their own pet was in the shelter and they could claim it in time, would they want it to go to research. The answer was "no" 79-368 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. because the animal was their own personal pet. She thereupon submitted a list to the Council of the people contacted and their answers, showing only one "yes." She also urged the Council to consider that fact that the institutions obtaining animals from the pound were not from Orange County but from Long Beach Veterans Hospital, Huntington Institute and USC. She maintained that the animals should be allowed to die a dignified death. Representatives of the laboratories were in the shelter every morning at 7:00 A.M. Having been in the shelter at that time, she could testify to the fact that the animals chosen were the healthy, friendly, trusting animals, only to die at man's hands. Ms. Judy B. Striker, 3001 Royal Palm Drive, Costa Mesa, stated she had received information from the U.S. Department of Agriculture on the numbers of experiments on animals involving pain from UCI's Medical Research Program, the VA Hospital, Long Beach and the University of Southern California, Los Angeles. She there- upon relayed the number of experiments performed involving painful research which totaled 2226 at UCI and 1728 at USC. She submitted the figures to the Council and also a memorandum signed by Dr. Fisher and Dr. Winchester stating that, "it is necessary to perform the study in the awake state since even small amounts of anesthetics would injure the electrical responses..." She stated the issue should not be vivisection, but pound seizure, meaning animals taken from any municipal shelter and sold for research purposes. They should not have to debate doctors on vivisection. The act of pound seizure forced the tax-supported pounds to violate a public trust and to become the servants of a special interest, the medical profession. Further the act of pound seizure deprived animals of the sanctuary which the pounds were supposed to be and condemned them to suffer. Dr. Karlsberg stated it cost them $500 per animal, whereas the County of Los Angeles sold dogs for research at $7.14 each and cats for $4.24 each; City Pounds, $7.00 for dogs, $2.00 for cats. There were 125 registered breeders of laboratory animals in California alone selling to laboratories and a total of 20,000 brought in by owners last year which were available to those doctors. The resolution did not cover anything but lost pets. There were many animals ~ivailable through the Orange County Shelter over which they had no control in relation to the resolution. The loss of revenue was $15,000 for ~nimals sold to research, but the loss of revenue to the people for the past two years had been in excess of $250,000 for 1976-77 and $350,000 for 1977-78. She con~luded that they could not continue to permit the Pound to be turned into a collection depot for the vivisectors. It was supposedto be a place of refuge for their lost animals, but it was not. The point was whether or not the animals would suffer before death, not that they were to die. Mrs. Edith Hasse, 730 North Lemon, Anaheim stated that in order to reclaim a lost pet at the Pound, it cost $40.60, as compared to the low fees quoted for laboratories to buy those animals. She was concerned over the profound impact that the City Council's decision would have on Anaheim's citizens should they decide to reverse their previous resolution. The City expected the Council to protect their needs including their possessions and pets. She asked that they think carefully about letting the animal researchers pick up animals in the Pound. 79-369 City Hall~ Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. The Mayor then asked that a summation be given. Dr. Van Den Noort, Dean of the Medical School, UCI, stated that research on living animals was essential to what they must learn in the future about human disease. There was also a growing sensitivity in the research community over the necessity to safeguard the animals and to protect them from those whose interest in their subject would surpass their sensitivity. To that end, a number of accrediting agencies had been developed for animal resources and facilities and they had such an accredited agency at UCI under the leadership of Dr. Winchester. Documentation was referred to earlier regarding the alleged use of animals in research dealing with pain. It was important for them to use dogs and cats because a great deal of their historical information was based on those animals and the essential point was that they would continue to be used in medical research. The price comparison between a pound animal and one obtained through a breeder was different by at least a factor of 10 and if animals were bred exclusively for medical research, the price was considerably higher. In closing, he asked the Council to rescind their previous resolution and adopt the resolution previously submitted to them by Dr. Karlsberg. He also recommended that it be strengthened to a degree on the opposing side by changing the last paragraph, first page to read, "...use of animals for research by institutions approved by the American Association of Accreditation of Laboratory Animal Care..." instead of, "...institutions recognized by the...". He also invited any member of the Council or staff, as well as other public figures in Orange County, capable of having an objective and organized look at the matter, to visit the UCI campus and their animal resources facility and to talk with and observe those who were performing the research on the animals obtained from the Pound. The Mayor then closed the publJ~c participation portion of the meeting. Councilman Kott first stated that he did not doubt the purposes of the anti- vivisection group, but while it was possible that they might have access to or read certain things, from what he had seen and heard today, it appeared that there was a lot of misrepresentation. He thereupon referred to some of the documentation submitted by Ms. Striker where he felt there was a misrepresentation of facts. In answer to a line of questioning by Councilwoman Kaywood, Ms. Striker relayed the following: while they favored proper medical research, it was difficult to define exactly what that entailed. She was not present to debate research, but to question whether it was right to sell their pets for vivisection and that was the issue. She reiterated they were not present to debate doctors; she acknowledged that when bringing a pet to the Pound, the owner had the right to sign a card as to whether or not they wanted it to go out to research. The issue, however, revolved around lost animals picked up in the City and the resolution had nothing to do with animals brought in by their owners; relative to those pet owners who were afraid to give their pet to the Pound because it would go to research, they would instead, turn the pet loose, creating the problem of the cost of animal control causing it to escalate to $250,000 a year to the taxpayer. 79-370 City H.a.ll.~ Anaheim, California - COUNCIL MINUTES - April 3, 1979~ 1:30 P.M. Dr. Karlsberg then answered questions posed by both Councilwoman Kaywood and Councilman Overholt: UCI was an accredited hospital for research and all of the requirements necessary to be accredited were adhered to; stray animals were those used for research; animals to be used were those slated to be killed in any case; suffering was not involved when experimentation was per- formed on the animals, each protocol had to go through a multi-disciplinary committee and possible discomforts were thoroughly discussed; there were rare circumstances when anesthetics were not used and those being when the animal was not experiencing pain; the animals which they used from the shelter might be strays or pets placed there by the owner or strays that were formerly pets; they would not be able to obtain an animal for research if someone specified that they did not want it used in research and those animals were sacrificed at the shelter; the life expectancy of the people in the United States had been increased dramatically because of such research, and death from cardiovascular disease had been reduced, along with certain cancers. Councilman Roth referred to report dated November 29, 1978 from UCI wherein various types of animals were listed. He noted that according to the report, not one animal was used for experimental purposes who received stress or pain during the period of time covered by the report. He wanted to know if that was a typical report. Dr. Winchester stated that the report they submitted annually to the U.S. Depart- ment of Agriculture had to list all of the animals they had in their animal resources facility. If an experiment was conducted without the use of anesthetics or tranquilizers, they had to list that and submit a report explaining why. Councilman Overholt stated that as an elected official, his duty was not necess- arily to impose his personal view in situations, but vote along the lines of the view of the citizenry. In the letters he received and through personal contact from some people in the Chamber, the concern had been that pets not be subjected to treatment that would be deemed inhumane. He felt humane was subject to a more precise definition. He was going to support the recission of the former action and support a position which would attempt to insure that pets be spared from what would be considered inhumane treatment. Councilman Overholt thereupon offered Resolution No. 79R-191 for adoption rescinding Resolution No. 78R-569. Refer to Resolution Book. RESOLUTION NO. 79R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 78R-569 PERTAINING TO THE USE OF STRAY ANIMALS FOR RESEARCH PURPOSES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-191 duly passed and adopted. 79-371 City Hall~ Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Councilman Overholt then stated that he was going to offer a resolution supporting the ethical use of animals in research for the cure and control of diseases using the proposed Resolution with modifications as follows: first paragraph changed to read: "whereas, the City Council cognizant of the value of the use of animals in ethical research..." Delete paragraph No. 2. Third paragraph, start with "Whereas, the cost of obtaining animals exclusively..." Fourth and fifth paragraphs, start with, "Whereas..." Sixth paragraph, "Now, therefore, be it resolved by the City Council of the City of Anaheim that it does support the sale by the Orange County Animal Shelter of animals for research by institutions approved by the American Association of Accreditation of Laboratory Animal Care where research is conducted on an established ethical basis with appropriate safeguards for the proper and humane handling of such animals.", with the last paragraph to remain as is. Councilman Overholt offered Resolution No. 79R-192 for adoption modified as articulated. Refer to Resolution Book. RESOLUTION NO. 79R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ETHICAL USE OF ANIMALS IN RESEARCH FOR THE CURE AND CONTROL OF DISEASE. Before a vote was taken, Councilman Overholt stated the reason he deleted reference to the fact that only a samll portion of the animals were sold for medical research was beside the point. He was concerned that no matter what the proportion, that those animals be handled in a manner consistent with ethical and humane standards. ~e addition of the word humane would not cramp the style of medical research at all. The sensitivity to humarm standards in dealing with laboratory animals was ~omething they should be bound to. A vote was then taken on the foregoing Resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-192 duly passed and adopted. RECESS: By general consent the Council recessed for 10 minutes. (4:10 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (4:20 P.M.) --~ 79-372 City Hall~ Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. 107: CONTINUED PUBLIC HEARING - APPEAL FROM NOTICE AND ORDER TO ABATE A DANGEROUS BUILDING - 114 EAST LINCOLN AVENUE: Public hearing to consider the appeal of Jodyne Roseman, Trustee, from Notice and Order of the Building Official to abate a con~nercial structure located at 114 East Lincoln Avenue, which has been determined a dangerous building within the meaning of the Uniform Code for the Abatement of Dangerous Buildings, in accordance with Section 501 (c) of said Code, was continued from March 27, 1979, to this date. City Attorney William Hopkins explained that under the Anaheim Municipal Code, the City Council was authorized to act as a Board of Appeals in cases where the City Building Official declared a building to be unsafe and required abatement. The Building Official, Mr. Lester King, pursuant to the provisions of the Uniform Building Code for Abatement of Dangerous Buildings, sent a Notice and Order concerning the structure at 114 East Lincoln. He then asked Deputy City Attorney Malcolm Slaughter to give a summary of the proceedings and subsequently the Council would be acting as a Board of Appeals to determine the proper course of action. Mr. Malcolm Slaughter stated that based on information received from a private structural engineer, the Building Official determined that the structure in question was unsafe under the terms of the Unsafe Building Code and ordered that the building be vacated or abated as a dangerous building by either repair or demolition. Pursuant to the order, they had correspondence and dis- cussions with Ms. Jodyne Roseman, an attorney and also the Trustee as an owner of the property and a beneficiary of the Trust. Subsequently, Ms. Roseman filed an appeal, which the Council had before them, from the order of the Building Official seeking determination as to the validity of the order and more spe- cifically the time given in which to meet that order. Subsequent to that, and as late as this afternoon, he discussed the matter with Ms. Roseman who was present in the chamber, and she indicated she was in accord with the Building Official that the building was, in fact, substandard and a dangerous building pursuant to the terms of the Unsafe Building Code. With that in mind, it appeared that the only thing left before the Board of Appeals, assuming Ms. Roseman stipulated to the fact, was the question of the time in which to meet the order of the Building Official. They further dis- cussed a 60-day extension of that order to June 1, 1979 and the Building Department was not opposed to such an extension provided that two conditions were met: (1) that the existing temporary barricade along Lincoln which was installed by the City be upgraded and maintained in accordance with the re- quirements of the Building Official, and (2) that the existing metal facade on the front of the building be tied back to the building in a manner satisfactory to the Building Official. It was further provided that should those conditions not be met before April 15, 1979, then the extension be terminated and the Notice and Order of the Building Official be reinstated and the conditions to be abated by repair or demolition be completed on or before the date of April 17, 1979 which would be the new date of the Order. Mr. Slaughter suggested that the Council might wish to inquire of Ms. Roseman if she was in agreement with what he said. 79-373 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Ms. Jodyne Roseman, Trustee as owner of the property at 114 East Lincoln, confirmed that Mr. Slaughter had correctly stated her position with regard to the building, and she requested that the Council go along with his recommendation to allow an additional 60 days so that they might assess their position with regard to the building. In the mean time, they would comply with the two requirements concerning the safety of that building. MOTION: With the City Council acting as the Board of Appeals, Councilman Seymour moved to: (1) Affirm Notice and Order of the City Building Official that the building located at 114 East Lincoln, Anaheim, is in a dangerous condition and that it must be abated by repair or demolition. (2) That pursuant to a stipulation entered into the record by owner and appellant, the Board of Appeals hereby grants a 60-day extension on the order of the City Building Official to and including June 1, 1979, subject to the following conditions: (a) That existing temporary barricades (installed on the premises by the City) are upgraded and maintained in accordance with the requirements of the City Building Official. (b) The existing metal facade be tied back to the building in a manner satisfactory to the City Building Official. (3) Provided, that should (a) and (b) not be completed before April 15, 1979, then this extension shall be terminated and the Notice and Order of the City Building Official shall be reinstated and the conditions referred to in said Order shall be abated by repair or demolition on or before April 17, 1979, the effective date of the Order. Councilman Roth seconded the motion. Before a vote was taken, Mayor Seymour asked Ms. Roseman if she agreed and would stipulate to the foregoing motion, to which Ms. Roseman stated she agreed. Councilwoman Kaywood stated that she would like to add to the motion that the City be held harmless. Mayor Seymour asked the City Attorney if he was satisfied with the wording of the motion. City Attorney Hopkins answered that he was satisfied with the motion, and he would have to discuss with Ms. Roseman any further enhancement to the Stipulation. Councilman Seymour then included in the motion to direct the City Attorney to prepare a written Order for the Board to be sent by certified mail. Council- man Roth was agreeable to that inclusion in his second. Councilwoman Kaywood asked whether they could add a clause to hold the City harmless in the event anything occurred. Mr. Slaughter answered it would require Ms. Roseman's agreement to that condition in the Stipulation and the Order. 79-374 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Ms. Roseman stated if they wished to get into the facts that led to the Stipula- tion, she could do so. A great deal of the problem she was now facing was a result of what she considered negligence on the part of the Anaheim Redevelopment Agency. It was for that reason why at this time she did not feel that she was in a position to indemnify the City for what she felt was a dangerous condition brought about by the negligence of the Anaheim Redevelopment Agency. Mayor Seymour stated that, in other words, what Ms. Roseman was saying to Councilwoman Kaywood's query was, "no," to which Ms. Roseman stated that was correct. A vote was then taken on the foregoing motion, including the addition. MOTION CARRIED. 176: PUBLIC HEARING - ABANDONMENT NO. 78-26A: In accordance with application filed by Anaheim Plaza Building, Ltd., public hearing was held on the proposed abandonment of the City's existing right to limit vehicular access from Bella Vista Street to the applicant's property, located at the northerly terminus of Bella Vista Street, pursuant to Resolution No. 79R-148, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated February 12, 1979 and the recommendation by the Planning Commission were submitted recommending approval of said abandonment. Applicant has requested the abandonment based on his requirement to meet Condition No. 8 of the Reclassification No. 76-77-48. Item No. 8 states that the owner shall apply for and pay costs of an abandonment by the City of the vehicular access right to Bella Vista Street. He must have the access right because he had extended Bella Vista Street ~nto his property. The extension includes dedication and construction of standard cul-de-sac which have been completed. 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 Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file and EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-193 for adoption approving Abandonment No. 78-26A. Refer to Resolution Book. RESOLUTION NO. 79R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN VEHICULAR ACCESS RIGHTS TO BELLA VISTA STREET. (78-26A) 79-375 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-193 duly passed and adopted. 174: PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FIFTH YEAR APPLICATION: Public hearing was held to obtain the views and preferences of residents and to establish a proposed application for Fifth-Year Community Development Block Grant activities. The Mayor asked if anyone wished to speak to the subject Fifth-year application which had been discussed and input received at previous hearings. There being no response, he closed the public hearing. Councilman Seymour offered Resolution No. 79R-194 for adoption authorizing submission of the Community Development Block Grant Fifth-Year application for the A-95 review process. Refer to Resolution Book. RESOLUTION NO. 79R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-194 duly passed and adopted. 111: OPPOSITION TO STANDBY CONSERVATION PLAN MO. 1: Councilwoman Kaywood stated after last week's meeting wherein the subject was discussed, she had a draft letter drawn rather than a resolution and in the interest of time and the seriousness of the matter, she asked that the Council take the opportunity to raad the letter and approve it at today's meeting, rather than continuing it another week. Mayor Seymour asked Councilwoman Kaywood to point out to the Council how her letter differed from the resolution received from the Chamber of Commerce. Councilwoman Kaywood explained that after reading the resolution, it was her feeling that it expressed the fact that they did not want to have a gasoline shortage, without addressing the real problem. MOTION: Councilman Roth suggested and, moved to send a letter to Governor Brown, as well as approving the Chambers resolution to be sent to all California legislators and to all other cities in the County. Councilman Kott seconded the motion for the purpose of discussion. 79-376 .City Hall~ Anaheim~ California - COUNCIL MINUTES - April 3~ 1979~ 1:30 P.M. Councilwoman Kaywood reiterated there were factual points brought out in the letter based on previous experience, that did~not exist in the resolution. Councilman Kott stated it was his feeling there were points that were not included in either the resolution or the letter, and he thereupon expressed his views relative to the alleged gasoline shortage, basically that he did not believe there was such a shortage. A vote was then taken on the foregoing motion. MOTION CARRIED. Councilwoman Kaywood had asked if Councilman Roth would have any objection to attaching the proposed letter to the resolution. Since there was no answer, the Mayor confirmed it was not included as part of the motion, but that her letter would be sent to the Governor. 131: CINCO DE MAYO FIESTA: Request by Joel Guerena, Chairman of the People for Community Development Committee, requesting use of La Palma Park and the Martin Recreation Center for the annual Cinco De Mayo Fiesta, to be held April 27-29, 1979, and requesting financial assistance for said Fiesta. Mrs. Margaret Sullivan, 1122 West Diamond, requested to speak to the matter and asked why the group was requesting financial assistance for the Fiesta. The Mayor answered there were also other groups in the City who from time to time were funded by the City Council, such as the Halloween Festival Committee, the Sister Cities Committee, the Pacific Western States Band Review, etc. Thus, financial support had been provided other groups in the City in the past. The policy relative to the Cinco De Mayo Festival was that the City not simply make a contribution, but that the Committee submit the bills they had incurred, and the City agreed to provide funding up to a certain level. As he recalled for the last two years, they had funded up to $1,500 each year. Mrs. Sullivan answered that other Fiestas and groups were concerned with the whole City and the Cinco De Mayo Festival seemed to deal mostly with the Mexican population, and she wanted to know why they were always getting special favors. The Mayor explained that the entire community was invited to the affair, and it was not exclusive to one group or another. Councilwoman Kaywood stated that in the past the Cinco De Mayo Festival was a very positive Fiesta and many people attended from long distances in the County. It had been a good affair for the Mexican-American community. She was concerned, however, that with Proposition 13 they should be able to become self-supporting. She wanted to know if they were asking because they had done so in the past, or if it would be possible for them to raise the money themselves. 79-377 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. Councilman Roth was of the opinion that it would be next to impossible for them to raise funds. MOTION: Councilman Kott moved to approve the request for the use of La Palma Park and the Martin Recreation Center for the annual Cinco De Mayo Fiesta to be held April 27-29, 1979 and the request for financial assistance for said Fiesta. Councilman Seymour seconded the motion for the purpose of discussion. Before a vote was taken, the Mayor asked the City Attorney how the matter could properly be handled. Mr. Hopkins explained that in previous years with respect to the Cinco De Mayo activity, they made an agreement with the organization and the co-sponsoring of the event by the City was implied in that agreement. If the Council wished to direct the City Attorney to prepare such agreement, he would make the same arrangement as in the past. Councilman Kott stated that was included in the motion. Councilwoman Kaywood noted that part of the agreement was that the money not go to any religious activities included as a part of the Fiesta; Mr. Hopkins stated that was so stipulated and it would be carefully controlled. Councilman Overholt stated that also consistent with Proposition 13 and even though the City co-sponsored the event, it would be appropriate for some kind of proposed budget to be submitted to the Council so that they could make a more intelligent decision. Councilman Kott also made that stipulation as part of the motion, that a proposed budget be submitted. Councilwoman Kaywood also noted that the request was submitted in the name of the People for Community Developmen~ t~is year, whereas they did not exist before. City Clerk Linda Roberts reported the previous committee who co-sponsored the Fiesta with the City was the Fremont Parent Advisory Committee under a Ceta Title II program. Councilwoman Kaywood wanted to know why they were not the co-sponsoring group this year; no answer could be provided. The Mayor stated he believed it was very positive that the People for Community Development were involved. That committee was founded out of the events that took place at Little People's Park, and he maintained the proposed action was a positive public posture to take because (1) it was recognizing that Committee and (2) the entire City and community was invited to participate in the Cinco De Mayo festivities. Councilman Overholt stated for the purposes of the agreement, the Council should know what organization was involved and the Chairman of that organization. 79-378 City Hall, Anaheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. City Attorney Hopkins stated that they would have to know the organization and the officers who would be authorized to sign the agreement. A vote was then taken on the foregoing motion, including directing the City Attorney to prepare an agreement to include the same arrangements as in the past, with the City co-sponsoring the event including financial assistance up to $1,500, with a proposed budget to be submitted to the Council. MOTION CARRIED. 105/140: LIBRARY BOARD BY-LAWS: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the revised by-laws of the Library Board submitted under memorandum dated March 23, 1979 from the City Librarian, were approved as recon~nended. MOTION CARRIED. 131: SOUND BARRIERS - ROUTE 57 FREEWAY: Councilwoman Kaywood reported that a letter was received stating that construction of sound barriers on the Route 57 Freeway would commence in late May accelerated from a projected starting date of late June and it was to be a 10 month project. She was hopeful that the information would be announced in the newspaper to inform the residents of the area that the barriers would be installed from Ball Road to just south of the Riverside Freeway. RECLASSIFICATION NO. 73-74-25 - REQUEST FOR WAIVER OF CONDITION: Santa Anita Development Company, requesting a waiver of Condition (e) of Reclassification No. 73-74-25 requiring the developer to construct a traffic signal at the intersection of Santa Ana Canyon Road and Avenida Margarita. Paul Singer, Traffic Engineer, explained the sequence of events that took place when the item had been processed ~.hrough the Planning Commission, the Council and subsequently the Building Permit stage. He stated that somehow the property was double assessed because it was ~eclassed prior to the time of the assessment fee and the building permits were issued with the stipulation of assessment. The recommendation, therefore, was to rescind the assessment since the condition was placed prior to that. Also at that time, Mr. Ben Yorba, who stipulated to the construction of the signal, was the owner of all four corners of the inter- section and it was upon that re~lassification that the condition was placed. The particular traffic signal, by 1978 projected traffic counts, would satisfy the warrants of interruption or continuous traffic due to those turning left who would be using the shopping center and also the street to the south. If the signal was not approved and they only accepted the assessment, the construction of the signal would be postponed for some years because it would have to fit into their priority list, and oth~r signals had a higher priority. Mr. David Powell, Vice-President of i)esign and Construction, Santa Anita Develop- ment Corporation, 363 San Miguel Drive, Newport Beach, stated that his letter (March 21, 1979) capsulized the fa~ts in the situation, but for purposes of clarification, he relayed the following: they presented their shopping center to the City and the plans under Reclassification No. 73-74-25 was approved by the Planning Commission on January 3, 1977 and the City Council on January 25, 1977. Condition (e) on which they were asking a waiver did not clarify the requirement to construct the traffic signals, but it did require them to pay for that signal. 79-379 City Hall,. ~naheim, California - COUNCIL MINUTES - April 3, 1979, 1:30 P.M. When it came time for the issuance of Building Permits, they approached the Building Division prepared to pay on that day the $40,000 required. They were told that the City Council had passed an action setting up an assessment fee schedule, and therefore they would not be required to pay $40,000, but instead an assessment based on the square footage of the building they were developing and if there were any subsequent phase II and III developments, they would have to pay a like assessment based on square footage. The assessment fee paid at that time was $363 per 1000 square feet, or $10,527. From that point, they went to construction and had no knowledge or idea that Condition (e) was still in effect until the final clearance for their buildings. At that time, they were told that in addition to the normal requirements, when they constructed the traffic signals, they would be allowed to open their business. That presented a problem and the reason they were before the Council today was to ask for a waiver of Condition (e). They were prepared to comply with the $40,000 payment to pay for the traffic signal in 1977 and in that time, costs had escalated considerably. As a condition of approval for the development, they did in fact, design the traffic signal. Upon the approval, which was some time after the initial building permits were issued, there was no mention to either them or their designer, Herman Kimmel, that they would ever be required to either pay for or build the traffic signal itself. They provided the plan so that at whatever time the City saw f£t to build the signal, they would have the plans available to them. They felt they had complied with the City Council's wishes at that time and now to be required to pay for what was perhaps $65,000 to $70,000 to be harsh treatment, since they were turned down in their desire to pay the original $40,000 as required two years prior. Mr. Singer stated all he could add was that Condition (e) clearly stated that the property owner shall pay for the installation of the traffic signal, not just the construction costs. Councilwoman Kaywood asked if the approval was contingent upon having a traffic signal installed because otherwise it would be a very dangerous situation. Mr. Singer answered "yes" and that was the reason for the inclusion of the Condition in the reclassification. biayor Seymour asked Mr. Poweil when it was he attempted to pay the $40,000. Mr. Powell indicated it was approximately January to February 1978. Mayor Seymour asked Mr. Singer what the signal might have cost in 1978. Mr. Singer answered approximately $40,000 and it could have been $45,000. Mr. Powell stated for their own edification when the signal was designed, they put it out to competitive bid to three large electrical contractors, and the low bid was $64,900 and that was six to seven months ago. The Mayor stated that equity was missing in the situation. If the developer was told that he did not have to pay $40,000 but instead pay only on a square footage basis, he probably would have paid $40,000 to $45,000 rather than 79-380 City Hall~ Anaheim, California - COUNCIL MINUTES - Apri~ 3,. 1979~ i:30~P.M. what he might have to pay today which would be $64,000 or $65,000. The City could then apply or rescind what was already paid in fees and that would bring the situation back to the original agreement. Mr. Powell stated he would be agreeable to taking the balance of what they had already paid against the $40,000. He then started to suggest the possibility of continuing the assessment fee schedule to the point that if additional property was developed in the area, when Mayor Seymour interrupted and stated that Mr. Powell should not try to "work" the Council. He made a deal and he should live with it. To try for more than that, was not fair. Mr. Powell then stated he would agree to paying $40,000; Mayor Seymour stated that the amount was $45,000 according to what he heard. City ManagerTalley stated he would prefer to ask the Planning Director to submit a report because the staff report indicated there was no intent to create a double assessment. Other than Mr. Powell's statement, he would like to know from the Planning Director when the plans were submitted that Mr. Powell was, in fact, advised that he would not have to pay for the traffic signal. The report stated staff thought that they were going to get both, not that it was stated the developer did not have to pay for the traffic signal under any circumstances. He wanted the Planning Department/Building Division to address that question because in point of equity, it would be costing the City approximately $20,000. He reiterated he wanted the Building Division to affirm that the developer offered to pay, and they turned him down. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, consideration of the subject request was continued one week. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kott, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator or payment allowed: a. Claim submitted by Steven Smith for personal injuries purportedly sustained as a result of an incident at the Anaheim Convention Center on or about December 15, 1978. b. Claim submitted by Margaret M. Graham for vehicle damages purportedly sustained as a result of an unmarked excavation in street on or about March 5, 1979. c. Claim submitted by Patricia L. Richards for vehicle damages purportedly sustained as a result of flood damage causing street damage, on or about February 1, 1979. d. Claim submitted by Kimberly Ann Marie Gilmore for personal property damage, purportedly sustained as a result of a collision with a City vehicle on or about March 2, 1979, was allowed in the amount of $659.46. 79-381 ~ity Hal~.~ Anaheim, California - COUNCIL MINUTES - April 3, 1979~ 1:30 P.M. 2. 105: CORRESPONDENCE: The following correspondence was ordered received and filed: a. Community Center Authority - Minutes of March 19, 1979. b. Community Redevelopment Commission - Minutes of March 14, 1979. c. Golf Course Advisory Commission - Minutes of March 15, 1979. d. Library Board - Minutes of February 21, 1979. e. Library Board - Monthly Report for February 1979. f. Youth Commission - Minutes of March 14, 1979. g. Public Utilities Board - Minutes of February 1, 1979. h. Community Redevelopment Commission - Minutes of March 21, 1979. i. Project Area Committee - Minutes of March 13, 1979. j. HACMAC - Minutes of March 13, 1979. MOTION CARRIED. 158: DEEDS OF EASEMENT: Councilman Roth offered Resolution No. 79R-195 for adoption accepting deeds of easement. Refer to Resolution Book. RESOLUTION NO. 79R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Shamrock Contractors, Inc.; Charles B. Caldwell; Arthur Herbert Shipkey, et ux.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-195 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held March 12, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 78-79-31: Submitted by City of Anaheim, for a change in zone from County A-1 to RS-A-43,000 on property located on the south side of Omega Avenue on the west side of Sunkist Street, north of Winston Road and south of Ball Road. Reclassification No. 78-79-31 was withdrawn by the Petitioner. 79-382 City Hall, .Anaheim, California - COUNCIL MINUTES - April 3., 1979, 1:30 P.M. 2. RECLASSIFICATION NO. 78-79-33, TENTATIVE TRACT NO. 8520 AND EIR NO. 211: Submitted by Texaco-Anaheim Hills, Inc., for a change in zone from RS-A-43,000 (SC) to RS-HS-22,000, Portion A, on property located on the southwest and southeast corner of Serrano Avenue and Hidden Canyon Road; and to add an open space lot to an existing 18-lot subdivision, Portion B, on property located on the east side of Hidden Canyon Road, south of Serrano Avenue. The City Planning Commission, pursuant to Resolution No. PC79-48, granted Reclassification No. 78-79-33 and certified EIR No. 211 and approved Tentative Tract No. 8520, Revision No. 2. 3. RECLASSIFICATION NO. 78-79-34: Texaco-Anaheim Hills, Inc., for a change in zone from RS-A-43,000(SC) to RS-HS-43,000 on property located southeast of the intersection of Nohl Ranch Road and Imperial Highway. The City Planning Commission, pursuant to Resolution No. PC79-47, granted Reclassification No. 78-79-34 and granted negative declaration status. 4. RECLASSIFICATION NO. 78-79-35 AND VARIANCE NO. 3081: Submitted by Frank and Marion Malavarsic, for a change in zone from RS-7200 to CL to establish an office use in an existing structure on property located at 102 North Evergreen Street with code waivers of: (a) location of vehicle parking, (b) maximum struc- tural height, (c) minimum landscaped setback. Reclassification No. 78-79-35 and Variance No. 3081 were withdrawn by the Petitioner. 5. CONDITIONAL USE PERMIT NO. 1950: Submitted by Texaco-Anaheim Hills, Inc., to permit an off-site tract identification sign on RS-43,000(SC) property located at Hidden Canyon Road approximately 210 feet southeast of the center- line of Serrano Avenue. The City Planning Commission, pursuant to Resolution No. PC79-49, granted Conditional Use Permit No. 1950 and granted negative declaration status. 6. CONDITIONAL USE PERMIT NO. 1951: Submitted by Kay Lopin, to permit a social club with age restrictions on CL zoned property located at 1665 South Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC79-50, denied Conditional Use Permit No. 1951 and granted negative declaration status. 7. CONDITIONAL USE PERMIT NO. 1970: Submitted by Consolidated Capital Realty Investors, to retain a van customizing facility on ML zoned property located at 1808 North National Street. The City Planning Commission, pursuant to Resolution No. PC79-52, granted Conditional Use Permit No. 1970 and granted negative declaration status. 79-383 City Hall~.. Anaheim, California - COUNCIL MINUTES - A~ril 3, 1979, 1:30 P.M. 8. VARIANCE NO. 3080: Submitted by Phyllis J. Dow, to retain an existing garage conversion with waiver of the minimum number and type of parking spaces on RS-7200 zoned property loacted at 1173 West Locust Avenue. The City Planning Commission, pursuant to Resolution No. PC79-53, denied Variance No. 3080 and ratified the Planning Director's categorical exemption determination. 9. CONDITIONAL USE PERMIT NO. 1740 - REQUEST FOR TERMINATION: Submitted by Kay Brown, Keystone Mortgage Company, requesting termination of Conditional Use Permit No. 1740, to permit a drive-through restaurant on CL zoned property located north and west of the northwest corner of La Palma Avenue and State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-54, terminated Conditional Use Permit No. 1740. 10. VARIANCE NO. 1551 - REQUEST FOR TERMINATION: Submitted by Ulysses E. Bauer, requesting termination of Variance No. 1551, to permit a real estate office in conjunction with a single-family dwelling on CL zoned property located at 735 South Beach Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-55, terminated Variance No. 1551. 11. RECLASSIFICATION NO. 77-78-50 - EXTENSION OF TIME: Submitted by Bruce Elieff, Sun-Cai Investment Company, requesting an extension of time to Reclassification No. 77-78-50, proposed RM-4000 zoned property located on the west side of Magnolia Avenue, approximately 325 feet north of the centerline of Lincoln Avenue. The City Planning Commission approved an extension of time to Reclassification No. 77-78-50, to expire April 24, 1980. 12. CONDITIONAL USE PERMIT NO. 1843 - REQUEST FOR APPROVAL OF SPECIFIC PLANS: Submitted by Ulysses E. Bauer, requesting approval of specific plans for Conditional Use Permit No. 1843, to permit a 47-unit, 2-building expansion of an existing 29-unit motel on property located at 733 and 735 South Beach Boulevard. The City Planning Commission approved specific plans for Conditional Use Permit No. 1843. 13. CONDITIONAL USE PERMIT NO. 1931 - REQUEST FOR APPROVAL OF REVISED PLANS: Submitted by James Liberio, requesting approval of revised plans for Conditional Use Permit No. 1931, to permit the establishment of three commercial uses in an existing industrial building on ML zoned property located at 1050 Anaheim Boulevard. The City Planning Commission approved the revised plans for Conditional Use Permit No. 1931. 79-384 City Hall~ Anaheim, California - COUNCIL MINUTES -.April 3, 1979, 1:30 P.M. 14. CONDITIONAL USE PERMIT NO. 1942 - REQUEST FOR APPROVAL OF A SPECIFIC LAND SCAPING PLAN: Submitted by Beam Investment Company, requesting approval of a specific landscaping plan for Conditional Use Permit No. 1942, to permit a truck rental facility in the ML zone of property located at the southeast corner of La Jolla Street and Red Gum Street. The City Planning Commission approved the specific landscaping plan for Conditional Use Permit No. 1942. 15. 170: TENTATIVE TRACT NO. 10387 - REQUEST FOR AN EXTENSION OF TIME: Submitted by Mike Van Daele, requesting an extension of time to Tentative Tract No. 10387, to establish a 2-lot subdivision with one CL zoned lot and one 30-unit, RM-4000 zoned condominium lot. The City Planning Commission approved an extension of time to'Tentative Tract No. 10387 to expire November 8, 1980. 16. 170: TENTATIVE TRACT NOS. 9744, 9745 AND 9601 - REPORT ON EQUESTRIAN TRAILS: Submitted by Anaheim Hills, Inc., requesting acknowledgement that the review requirement relating to the Planning Commission's decision to delete the eques- trian trails within Tract Nos. 9744, 9745 and 9601 by the Riding and Hiking Trail Committee and the Hill and Canyon Mumicipal Advisory Committee. The City Planning Commission acknowledged the report on equestrian trails within Tentative Tract Nos. 9744, 9745 and 9601. No action was taken on the foregoing items, thus the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 1098 - REQUEST FOR APPROVAL OF SPECIFIC PLANS: Request by Myron M. Reichert for approval of apecific plans for Conditional Use Permit No. 1098, to establish a mobile home park with a waiver of minimum required setback on property located at the southeast corner of Jackson Avenue and Park Vista Street, approximately 1330 feet of the centerline of Rio Vista Street. On motion by Councilman Roth, seconded by Councilman Kott, specific plans under Conditional Use Permit No. 1098 were approved, as recommended by the Planning Commission. MOTION CARRIED. 179: ORDINANCE NO. 3992 - AMENDMENT TO TITLE 18 - DEFINITION OF "TRAILER PARK": Councilwoman Kaywood offered Ordinance No. 3992 for first reading, as recommended by the Planning Commission, to include recreational vehicles within the definition of a "trailer park". ORDINANCE NO. 3992: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A DEFINITION OF "TRAILER PARK" TO SECTION 18.01.210 OF CHAPTER 18.01, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE. ORDINANCE NO. 3993 AND 3994: Councilwoman Kaywood offered Ordinance No. 3993 and 3994 for first reading. 79-385 City Hall~ Anaheim, California - COUNCIL MINUTES - Apr.il 3, 1979~ 1:30 P.M. ORDINANCE NO. 3993: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(9), CL) ORDINANCE NO. 3994: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(25), ML) 114: COMMENTS ON THE PASSING OF CARROLL ROSENBLOOM: Councilman Overholt complimented Mayor Seymour on his public statement made yesterday, April 2, 1979 on the death of Carroll Rosenbloom. He, too, was privileged to have had what contact he had with Mr. Rosenbloom, along with Mr. Talley and the Mayor during the Rams negotiations. He believed there were certain people with whom a person came in contact in their lifetime that they would never forget, and Mr. Rosenbloom was one of those people. His love of life and sense of humor transcended every- thing he did. Councilman Overholt also stated that he felt confident about the City's future with the Rams Organization and if Steve Rosenbloom, Carroll's son, was going to ascend to the Presidency, he was very impressed with him as he showed tremendous skill and maturity and many other characteristics displayed by his father. Mayor Seymour agreed that Carroll Rosenbloom was a super human being to everybody who knew him or touched him and Mr. Talley, Councilman Overholt and he saw for themselves his love for people. Mr. Rosenbloom would truly be missed. 114: OPENING OF FAMILY HEALTH PLAN FACILITY: Councilwoman Kaywood reported on the ribbon cutting ceremony which she attended on Thursday, March 29, 1979 for the new Family Health Plan facility on North Magnolia, one of the HMOs th& City contracted, with serving 150 City employees who were members. She commenced that it was a very fine facility and a good addition to Anaheim, where private enter- prise was helping to solve the high cost of medicine. The dental, optometry, and opthalmology services still remained in the smaller building at the corner of Magnolia and La Palma. 111: HALLOWEEN FESTIVAL COMMITTEE: Councilwoman Kaywood reported that she attended the first meeting of the Halloween Festival Committee yesterday morning at 8:00 A.M. She stated the Committee requested the parking meters and old street lights, when removed from the downtown area, to be used as fund raisers. She suggested that the City Attorney and City Manager work out an agreement in exchange for the Committee services. She also wanted to be certain that they reserved one or two of each of the items for the museum and the Mother Colony History Room and if they were to have a Heritage Square, the street lights would be useful. Mayor Seymour asked staff if they needed any official action from the Council to accomplish the requested actions. City Attorney Hopkins stated a motion would be in order to direct the City Attorney and City Manager to negotiate an agreement pursuant to the disposition of the parking meters and light standards for the Halloween Committee. 79-386 City Hall, Anaheim, California - COUNCIL MINUTES - Ap.ril 3, 1979, 1:30 P.M. MOTION: Councilwoman Kaywood moved to direct the City Attorney and City Manager to negotiate an agreement with the Halloween Festival Committee pursuant to the disposition of parking meters and ligbt standards and to subsequently submit the proposed agreement and report to the Council for final consideration and decision. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood confirmed that those items should be surplus. She reiterated that one or two of each would be for museum purposes and if there was a Heritage Square where the Clendenen's were restoring the old Cahen house, to use those street lights in that section. She wanted to be sure those items were reserved for those purposes, and she was referring to any surplus beyond that for the Halloween Festival Committee. Mayor Seymour stated he sensed what Councilwoman Kaywood was trying to do, but he had no idea of the value of the street lights. Councilwoman Kaywood stated they did not know the value of the street lights, but on the parking meters they had solicited sealed bids in the past and the first bid offered was $1.43 each; therefore, the bids were rejected. Subsequently a bid of $10 was accepted and some of the people on the Committee were of the opinion that even more could have been obtained. She suggested that the Committee pay $10 as well. The Mayor stated it was necessary to receive a report on the matter because it would be embarassing for the Council if, for example, $50,000 worth of public property was involved; Councilwoman Kaywood emphasized that she did not have any intention of doing that~ City Attorney Hopkins stated the items would be surplus items only and the Purchasing Agent would determine a valuation, and he would submit a report and an agreement. Mayor Seymour was agreeable. A vote was then taken on the foregoing motion, including a report from the City Attorney and City Manager f~r final consideration and decision. MOTION CARRIED. 105: HACMAC NEWSLETTER: Councilwoman Kaywood referred to HACMAC minutes of March 13, 1979, specifically the statement, "...for any input from them for this week's newsletter column." To he~' recollection, at the Liaison meeting she and the Mayor had with HACMAC, they disapproved a news column. The Mayor stated that was on a newsletter, but not on a newspaper column. He had seen the column included in the News-Times, but to the best of his knowledge, they were not publishing a newsletter. Ms. Santalahti confirmed that it was a newspaper column and not a newsletter. 111: CLOSING OF GAS STATIONS ON SATURDAYS AND SUNDAYS: Councilman Roth reported that on Friday, March 30, 1979 he attended the Chamber of Commerce meeting wherein they discussed opposition to the closing of gas stations on Saturdays and Sundays. A number of excellent speakers were also in attendance, along with John Briggs and Ross Johnson for what turned out to be a very positive meeting. 79-387 City Hall~ Anaheim, California - COUNCIL MINUTES - April 3,. 1979, 1:30 P.M. 114: SAN ONOFRE NUCLEAR PLANT: Councilman Kott stated that in view of the nuclear problem which occurred back East and with the present mood of the Nation toward nuclear generation, that it would not be prudent for the City at this point to continue to invest in San Onofre until it was ascertained what was happening. However, if San Onofre could be shown to be a paying entity, he would have no objection to it, but the situation should be evaluated at this time. He was not suggesting withdrawal, but perhaps consideration of a mora- torium while having the adminstration or staff evaluate the situation to see what the future might hold before any more money was invested. The Mayor stated he did not think they should panic at the moment or make any precipitous decision that could greatly increase the cost of San Onofre to the taxpayer. He was interested in Governor Brown's posture and although it was known that the Governor was anti-nuclear plant of almost any kind, even he excluded San Onofre from his concerns. He maintained they should wait before making any decision to hear of the final explanations, reasons and justifications for what occurred in Pennsylvania at the Three Mile Island Nuclear Plant. There was no danger to either lives or property from San Onofre. ADJOURNMENT: Councilman Roth moved to adjourn. the motion. MOTION CARRIED. Councilwoman Kaywood seconded Adjourned: 5:25 P.M. LIND~ D. ROBERTS, CI%Y CLERK