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1979/08/2879-960 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PUBLIC UTILITIES GENERAL MANAGER: Go~don W. Hoyt CITY ENGINEER: William G. Devitt DEPUTY CITY MANAGER: James D. Ruth PUBLIC WORKS EXECUTIVE DIRECTOR: Thornton E. Piersall STADIUM, CONVENTION CENTER & GOLF DIRECTOR: Tom Liegler PUBLIC UTILITIES ASSISTANT GENERAL MANAGER: Edward G. Alario ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti INTERGOVERNMENTAL RELATIONS MANAGER: Nancy Johnson RISK MANAGER: Jack Love CETA SERVICES MANAGER: Bill R. Hepburn Mayor Seymour called the meeting to order and welComed those in attendance to the Council meeting. INVOCATION: Reverend Edward Machado, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr. led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and authorized by the City Council: "Job Shop Industry Week" - Week of August 27, 1979 MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held February 20 and March 27, 1979, subject to typographical corrections. Council- man Overholt seconded the motion. Councilman Bay abstained. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,401,807.41, in accordance with the 1979-80 Budget, were approved. 114: PRESENTATION: Mayor Seymour, in a continuing expression of appreciation to Councilman Roth for representing the City by riding "Bingo" the Elephant, marking the opening of the Circus in Anaheim, presented him with further tokens of that appreciation, including an elephant and wild game hunting license and an elephant gun properly equipped with ammunition (both plastic), along with a toy elephant. 79-961 City Hall, Anaheim, California - COUNCIL MINUTES - August 28,. 1979, 1:30 P.M. Councilman Roth graciously accepted the gifts; however, with the hope that such appreciation would soon come to an end. 175: FAVORABLE DECISION FOR ANAHEIM IN ELECTRICAL WHOLESALE RATE CASE - DOCKET 76-205: Public Utilities General Manager Gordon Hoyt stated he was delighted to advise the Council that a decision had been handed down from ~he Federal Energy Regulatory Commission on Docket 76-205, an electrical wholesale rate case by Southern California Edison (SCE), from which the City gained everything they hoped for. The refund would amount to approximately $6.5 million and, depending on the status of appeals, should be received within six months to one year. Also, in all of their cost of service items, they were ruled in the City's favor and upheld by the Commission. He presumed that the judge in the Federal District Court in Los Angeles where the City had an anti-trust suit in progress would also look at that decision. If so, and if successful, $6.5 million trebled would turn into another $19.5 million, or $26 million in total. Mr. Hoyt concluded that winning the subject case was an outstanding victory and a tribute to the attorneys, Speigel and McDiarmid, who carried the case through. Mayor Seymour extended his congratulations on behalf of the Council to Mr. Hoyt and the attorneys. 150: GRANT PROPOSAL - LAND AND WATER CONSERVATION FUND: Councilwoman Kaywood offered Resolution No. 79R-491 for adoption as recommended in memorandum dated August 22, 1979 from the Deputy City Manager James Ruth, authorizing the'City Manager to submit an application to the State for a Land and Water Conservation Grant in the amount of $208,250 for facility improvements at Pearson Park. Refer to Resolution Book. RESOLUTION NO. 79R-491: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE PEARSON PARK PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICATION ON BEHALF OF THE CITY OF ANAHEIM. 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. 79R-491 duly passed and adopted. 180: GENERAL LIABILITY INSURANCE INCLUDING PUBLIC OFFICIALS ERRORS AND OMISSIONS: On motion by Councilman Roth, seconded by Councilman Bay, the offers of Marsh & McLennan of $10,000,000 liability coverage excess of $10,000,000 and $1,000,000 Public Officials Errors and Omissions as contained in letters dated August 15 and 21, 1979, respectively, was accepted, as recommended in memorandum dated August 21, 1979 from Risk Manager Jack Love. MOTION CARRIED. 79-962 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. 158: DEDICATING ULTIMATE RIGHT OF WAY ALONG FRONTAGE OF CITY-OWNED PROPERTY: Councilwoman Kaywood offered Resolution No. 79R-492 for adoption, as recommended in memorandum dated August 22, 1979 from City Engineer William Devitt, dedicating the ultimate right of way along the frontage of City-owned property located on the east side of Brookhurst Street, north of Katella Avenue to 60 feet from the centerline of Brookhurst Street. Refer to Resolution Book. RESOLUTION NO. 79R-492: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY IN THE CITY OF ANAHEIM FOR PUBLIC PURPOSES. 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. 79R-492 duly passed and adopted. 123: GEOTECHNICAL SERVICES AND INVESTIGATION IN THE WESTRIDGE AREA OF ANAHEIm-! HILLS: Councilwoman Kaywood offered Resolution No. 79R-493 for adoption, as recommended in memorandum dated August 20, 1979 from the City Engineer, author- izing an agreement with Moore & Taber, Consulting Engineers and Geologists, in the amount of $3,640 for geotechnical services and investigation in the Westridge area of Anaheim Hills, with funds to be appropriated from the Sewer Maintenance Fund. Refer to Resolution Book. RESOLUTION NO. 79R-493: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH MOORE & TABER AND AUTHOR- IZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 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. 79R-493 duly passed and adopted. 114: REVISION OF COUNCIL POLICY NO. 701 - SIDEWALK AND PARKWAY TRERS: Council- man Bay moved to amend Council Policy No. 701 relating to fees for sidewalk repair for damage caused by a tree on private property, $3 per square foot of 4-inch side- walk repaired and $3.25 per square foot of 6-inch sidewalk repaired, and changing the work unit involved to Facility Maintenance as recommended in memorandum dated August 22, 1979 from the Executive Director of Public Works. Councilman Overholt seconded the motion. MOTION CARRIED. 114: COUNCIL POLICY RELATING TO THE SELECTION OF PROFESSIONAL. CONSULTANTS: City Manager William Talley briefed the Council on memorandum from his office dated August 22, 1979, recommending adoption of the new policy which the Council requested be researched and developed at their meeting of May 29, 1979. He noted that the proposed policy did not include the selection of firm~ providing legal services to the City. 79-963 City Hall~ Anal.elm, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. Councilman Bay moved to establish a Council Policy relating to the selection of professional consultants as recommended in memorandum dated August 22, 1979 from the City Manager's office. Councilwoman Kaywood seconded the motion. Before a vote was taken, Councilman Roth expressed his opinion that the policy was excellent and the intent of the Council; however, he questioned why the policy should not be applied to legal services. City Attorney William Hopkins explained that Section 703 of the City Charter provided that the City Attorney would have the control of outside counsel with the Council's approval. There were cases when they had to act quickly in order to engage outside counsel and felt that procedure would impair their ability to move quickly. They also felt including legal counsel with consultants was somewhat inappropriate since it was a special service. Councilman Roth noted that the Council's request for such a policy was triggered by a discussion relative to fees for Special Counsel, Alan Watts, yet the resul- tant policy exempted attorneys. Mr. Hopkins answered the policy applied to those legal services under the City Attorney's control. They could prepare a special policy covering that, but he felt it should not be included in the consultant category. Mayor Seymour stated his concern was the input that might or might not be provided by either elected and/or appointed officials. If a contract for professional consulting was in excess of $20,000 and involved the Electric Utility, he wanted to know if the Board as defined in the policy would go to the Public Utilities Board before the matter was presented to the Council. City Manager Talley stated it had been the practice in the past that Council preferred that procedure take place. While it was not a requirement in the administrative process, they had been doing it, and he would expect that the Department would continue doing that. Otherwise, they would be getting into an area more properly the function of a non-Charter board. Rather than become involved in that type of situation, he asked that they continue the informal practice of passing it through the Public Utilities Board. That was traditionally done first, rather than having Council refer it back to them. Frequently, however, they were involved in subjects that were strictly administrative. Mayor Seymour then explained it was not the Alan Watts fee situation that prompted him to request a policy regarding consultants, but the hiring of a consultant initially on a reservoir project that brought about a follow-on contract that could be awarded only to that firm. He reiterated his concern was that either elected or appointed officials be part of the process. If they were going to be spending in excess of $20,000 on a consultant's contract, it deserved the scrutiny not only of the decision-making body, the City Council, but also the appropriate board or commission and if there was no board or commission involved, then the Council Liaison Committee approached. Councilman Seymour thereupon offered an amendment to the original motion that the policy provide that on consulting contracts in excess of $20,000, prior to submission to the Council, that it be submitted to appropriate boards, commissions or Council Liaison Committee. Councilman Overholt seconded the motion for the purpose of dis- cussion. 79-964 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. Council discussion followed wherein Councilman Bay stated if a contract came to the Council and it had not been through a board or commission at that time, at the discretion of the City Manager, he believed it would be better if the Council then directed that it go to the appropriate commission and particularly on large consulting jobs. If the City Manager under the stated present conditions brought a contract directly to the Council without first taking it to a board or commission, he would assume he would have some good reason for doing so. Mayor Seymour stated if it was going to be the exception that Councilman Bay was concerned with, then the City Manager could recommend waiving the policy on those exceptions and move ahead. Councilman Bay stated he would not be against the amendment if it was possible to waive that policy by a request of the City Manager. A brief discussion then followed between the Mayor and Councilman Overholt wherein it was clarified by the Mayor that the contract would go before the appropriate board or commission for recommendation and in the event there was no board or commission, it would go before the appropriate Council Liaison Committee; Council- man Overholt stated he supported that concept. Mr. Talley asked that the Council be certain that the City Attorney was comfor- table with the amendment so that it would not impose a legislative obligation on an administrative decision. City Attorney Hopkins stated as far as he could see, it wa8 merely a recommendation that was going to be reviewed with the commission or board as appropriate, and if it was just a recommendation, he did not see any problem. Presumably it would already be cleared through the City Manager's office by the time it proceeded to that stage. Mr. Taliey stated that the recommendation of the City Manager or the department head would be merely submitted for review and not for a recommendation. After a brief discussion between the Mayor and Mr. Talley on that point, Mr. Hopkins stated that he did not see any objection to a mere recommendation that would not have the power of veto, just a recommendation; Mr. Talley noted that they might receive two recommendations. Councilman Overholt stated it was his understanding in the instance where there was no board or commission, the matter would go before the Liaison Committee which included two memebers of the Council, and he presumed the Liaison Committee would have the Manager's recommendation at that time and the City Manager would not be bound by the Liaison Committee. Mr. Talley stated he would still submit the report and the Liaison Committee would submit their reaction to it. A vote was taken on the amended motion offered by Councilman Seymour MOTION CARRIED. · A vote was then taken on the original motion by Councilman Bay establishing the Council Policy accordingly as follows: 79-965 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. "COUNCIL POLICY NO. 401: It is the policy of the City Council that the following procedures shall be used in the selection of technical consulting services. This policy shall include, but not be limited to, services in the following fields: (Legal services are not included.) Engineering (civil, mechanical, electrical, structural, traffic, etc.) Architecture Landscape Architecture City and Regional Planning Economic Analyses Property Appraisals Financial Services Data Processing Services Purpose of Policy Technical consultant services are of a professional nature, and due to the ethical codes of the professions involved, as well as the nature of the services to be provided, do not readily fall within the competitive bidding process. Technical consultants should be individually selected for a specific project or problem with the objective of selecting that most qualified consultant at a fair and reasonable cost. Selection Procedures A. Major Projects - Anticipated fee of over $20,000 Affected department(s) shall prepare a Request for Proposals (RFP) and invite a minimum of five ($) quali- fied firms to submit proposals. When five (S) potential firms are unavailable, or if it is in the best interests of the City to limit the number of firms solicited, the basis for such action should be included in the report to the City C~uncil. A Review Board selected by the appropriate department head and composed of appropriate staff representatives and/or qualified outside representatives will review the proposals received and select the most qualified firms for interviews. Upon the conclusion of the interviews, the Review Board shall rank the consultants based upon the following criteria. a. Ability of the consultants to perform the specific tasks outlined in the RFP. b. Qualifications of the specific individuals who will work on the project. 79-966 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. c. Amount and quality of time key personnel will be involved in their respective portions of the project. d. Reasonableness of the fee requested to do the work. Demonstrated record of success by the consultant on work previously performed for the City, and for other municipalities or enterprises. f. The specific method and techniques to be e~rployed by the consultant on the project or problem. The Review Board's recommended selection will be forwarded to the City Manager for placement on the Council agenda. The recommendation should include the fees quoted by each consultant and a summary of the basis used to select the recommended consultant. When the anticipated fee exceeds $20,000, the recommendation of the Review Board should also be reviewed and acted upon by the appropriate public board/commission, or Council Liaison Committee prior to submittal to the City Council. B. Intermediate Projects - Anticipated fee between $5,000 - $20,000 Affected department(s) should utilize procedures noted above and solicit proposals from a minimum of three (3) qualified consultants. C. Hinor Projects - Anticipated fee under $5,000 The department heads shall maintain current files on qualified consultants in appropriate categories. The department shall by telephone or letter contact at least three (3) qualified consultants and request them to submit a proposal. The department head shall make a selection based upon the criteria noted in Section A and forward a recommendation to the City Manager/City Council. Renewal of Contracts with Professional Consultants Requests to the City Council to renew an existing contract with a professional consultant should include an evaluation of the work performed by the consultant, as well as determination that the fees being charged are comparable to similar services offered by other consultants." MOTION CARRIED. 79-967 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. 106: FISCAL YEAR 1978-79 PROPOSITION 13 STATE ASSISTANCE (BAILOUT) - RESERVE APPROPRIATIONS FOR THE PRIOR FISCAL YEAR - CONSTRUCTION AND EqUIPING OF A MECHANICAL MAINTENANCE GARAGE FACILITY - MODIFICATION OF ASSEMBLY BILL 8 FIXING AND L~V¥ING THE 1979-80 TAX RATE: City Manager Talley briefed the Council on mem6randum dated August 22, 1979 from the Assistant Finance Director recommending appropriation of the remaining FY 1978-79 Proposition 13 State Assistance (bailout) receipts, as well as the estimated assistance receipts for FY 1979-80 totalling $1,610,696 and also Attachment I and II; memorandum dated August 22, 1979 from the Assistant Finance Director recommending reserve appropriations for the prior Fiscal Year and Attachment I, II and III; memor- andum dated August 29, 1979 from the Department of Finance and Public Works, recommending that staff obtain lease purchase financing proposals from inter- ested financial institutions for the construction and equipping of a mechanical maintenance garage facility; memorandum dated August 29, 1979 from the Assistant Finance Director recommending that staff be directed to research and investigate means to modify or cause to have modified some specific provisions of AB 8 which eroded, without Justification, the City's financial stability, and memorandum dated August 28, 1979 from the Program Development and Audit office recommending that the Council by ordinance adopt an ad valorem tax rate for FY 1979-80 of $0.094 per $100 of assessed valuation for purposes of general obligation bond redemption. Mayor Seymour asked, before setting priorities relative to the expenditure of State funds, if there were questions of the Council relative to the first item, FY 1979-80 Assistance Appropriations. Councilwoman Kaywood asked if on AB 8, a copy of the draft that was prepared had been sent to the local League of Cities and State League. Mr. Talley answered "no" as it would be his intention if Council approved that report today, to send a copy to the League and to every City Manager, requesting their comments on the report. He did not believe it appropriate until the Council either adopted it, had taken a position, or had at least received and filed a report. Councilwoman Kaywood stated she would be very much in favor of so doing. The August 24 Legislative Bulletin from the League, item 3, supported it, but it did not go into as much detail as staff's report, and she felt it critical that they do so. She commented that it was sad that local control had flown up to Sacramento. Councilman Bay then posed questions regarding the assistance appropriations (Attachment I - Remaining Prioritized Capital Improvement Projects) one of which involved the high priority given sidewalks on the east side of Gilbert Street, south of Broadway. He wanted to know if that involved the two small strips on the end and if the County had put sidewalks in the areas in between because a strip of County land was involved. City Engineer William Devitt confirmed Councilman Bay's understanding. It would finish the improvement in the City and would mitigate the responsibilities that the City had to provide access for its children. In addition, whenever there was a project adjacent to any other city or county, they made every effort to have 79-968 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. them continue a project to completion. This was an extension of an existing sidewalk extending it to the County property line and it was their responsi- bility from then on. The reason for its priority was due to the delegation that was present in the Council Chamber at a prior meeting requesting that it be placed at the top of the list. Councilman Bay noted under the same list, Swan Street, Romneya to Anaheim Boule- vard, $55,000 and below the zero (additional unrefunded capital improvement projects) Anaheim Boulevard - Swan Street Storm Drain Removal, $30,000. He questioned whether they would have to be done concurrently and also questioned what the impact would be in putting them together. Mr. Devitt stated it would desirable if they were done concurrently and there would be a distinct advantage in having them done together. Councilman Overholt asked what additional expense there would be at a later date if they did not include the storm drain removal in the present list of priorities; Mr. Devitt answered approximately a 10 or 15% increase in project cost if they were not a co~on project and bid independently at different points in time. Councilwoman Kaywood questioned the Project Alpha Offsite Storm Drain as to whether or not a time element was involved, where funding would come from if not in the prioritized capital improvement projects, and if separately funded, would that mean ripping up streets twice. Mr. Devitt answered that it was a vital project with a strong element of time involved. If the project went beyond three years, a risk was being taken. It would not involve ripping up streets twice. The drain would start at Project Alpha and continue on to the Carbon Creek Channel down West Street. It was Offsite Project Alpha. Councilwoman Kaywood referred to the Broadway Storm Drain from Valley Street to Brookhurst, $365,000. She noted it was not too long ago that Broadway was re- surfaced, and presumed because of the lack of storm drains, it was under water so much that it was deteriorating faster than if storm drains were installed. Mr. Devitt stated that was correct and that a street was designed to last 15 years with good drainage and without it, the life was 5 years. Mr. Thornton Piersall, Executive Director of Public Works, then clarified questions pertaining to alley reconstruction. With the force account, they were reconstruc- ting about three-fourths of a mile under the Street Maintenance and Property Maintenance program. This was an additional mile beyond that and also the reconstruction which was covered under the Block Grant Program. Overall, there was approximately 27 miles of alley to be reconstructed and they were about halfway through at this point. Councilman Bay then commented on AB 8 and what he gleaned from the City Manager was that it would render any future bailout funds very questionable. After read- ing the report, looking into it himself, and from what he had heard, they were going to have to be careful about committing capital improvement projects this 79-969 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. year on the remaining money if it related to one-half million dollars more each year thereafter. Critical to their decision on the priorities was how much they committed for the next year and the year after that, because not only was there the possibility that those funds might not be available, but also instead of being State relief for the cities, it could be city relief for the State. If they were going to consider committing all of the $1.6 million and in so doing commit themselves to two and three more years added capital improvements, they should also be looking at alternatives as to what they were going to do if they did not receive that money. The Mayor then asked to hear from any member of the public relative to how they felt the funds should be appropriated. Judy Dugal, 5356 Westr±dge Road, stated she was speaking on behalf of the residents present today. The Council let them know they were concerned by approving the construction of a branch library for their area. They supported that action both as parents concerned about the betterment of education and as residents who realized how the addition of a library would enhance their community. Anaheim Hills had become one of the fastest growing areas within the City with a projected population growth of 65,000 and an enrollment figure overall of 4,000 students. With that view in mind, it was essential and important that the branch library suit the present needs, as well as future needs. Being associated with the Canyon Hills Junior Women's Club, they had recently committed themselves to a book cam- paign designed to stock the shelves in the library and had a library book fund savings account. By working together with the residents, local organizations and City staff, they could effectively produce positive results for such a vital need within the community. She thanked the Council for the opportunity of ex- pressing their support for the funding of a library in the 1979-80 budget. Mayor Seymour asked how many other citizens were present on the matter and felt the same way relative to the library; approximately 12 people responded by a show of hands. Mrs. Jan Hall, 545 Tumbleweed Road, stated she was in support of financing for the library. They were going to have $289,000, but she was concerned over where they would go next year since that amount would not build a library and it might never occur. She urged the Council to direct the library to look for grants as a source of funding to insure that money was going to be there. If they took funds from other areas, they would merely be hurting other parts of the City where needs existed. She reiterated she supported funding for the library, but she did not want the citizens of the canyon, five years from now, to end up with $289,000 in the budget with no money coming from other sources. She agreed with Councilman Bay, it ~ight be a false hope for all of them. Mayor Seymour asked, if the Council were able to deal with the question of future funding for the library, did she foresee the library as being the number one priority as far as capital improvements in the canyon; Mrs. Hall answered "no", she saw Canyon Site No. 2 as having the top priority and the library No. 2. The Mayor stated they had already taken care of Canyon Site No. 2 in the budget. Mrs. Hall indicated that the library would then be number one priority. 79-970 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. Discussion followed between Councilman Roth and City Manager Talley as to where funds would be derived if the allowed funds were no longer available for next year. Mr. Talley explained that the money, if committed to the library, would be found and it would be in the budget because it would not be an option. He assumed that he would take it out of "bailout" funds and if that did not exist, then Revenue Sharing, otherwise, other operating programs. Mayor Seymour interjected and stated that although he heard some valid concerns regarding AB 8 and although they must be prudent, he was of the opinion there was overreaction to the report they received on AB 8. He then asked the City Manager the worst that could happen relative to AB 8. City Manager Talley stated it was his opinion it would have zero influence on the City. The only point he was making was that he did not think the Legisla- ture had any business moving the revenues around. After further discussion on the issue, Mayor Seymour stated he would not support any action on which he felt they could not follow through. If the Council was going to commit to the library, they were going to have to do so all the way. Mr. Talley stated he believed that Revenue Sharing would exist, or bailout funds, or both, but he felt there was a strong possibility the U.S. Congress when it came to renewing Revenue Sharing might enact to leave the Sta~e share out which would trigger AB 8. He did not believe they would take both Revenue Sharing and AB 8 away. Councilman Overholt stated if the Council acted today on the library budget for the present Fiscal Year, it would carry out a commitment the Council already made to the residents in that portion of the community to furnish resources now offered to other areas of the City. His vote would be one to build the library and to commit to the financial resources to complete that library. Councilman Bay stated he was not against the canyon branch library and never had been. He wanted to see it built as well as other things, but there was no way to discuss specific dollar amounts on the item without talking about AB 8. They had to consider not only what they were going to commit to it this year, but also what they would commit to for the next two or three years. It dealt with all priorities and knowing what they had precommitted. biayor Seymour stated he would be interested in seeing the City Manager's best estimate as to the worst that could happen with AB 8 and perhaps they should postpone expenditures until that information was supplied. Specifically relative to the fire station and the library, the Council needed his best guesstimate relative to State "bailout" funds within the time frame of next year and the following year. Mr. Talley stated his opinion was that they would have somewhere around 50% of the current "bailout" amounts or better for the next two years even if Congress instituted a reduction. 79-971 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. The worst would be in the area of $600,000 to $700,000 and staff had already agreed to assume in the operating budget about $700,000. The issue was how big the library would be. Under the worst case, he was of the opinion they could fund the library and the fire station with "bailout" and/or Federal Revenue Sharing. The Mayor asked to hear from Councilman Overholt since he was the Liaison member to the Library Board. Councilman Overholt stated they had a meeting with the Library Board and the City Manager, and it was the recommendation of the Board that a library with 18,000 square feet be recommended for the hill and canyon area. This was a reduction from the prior recommendation which was 25,000 square feet. Included in the 18,000-square foot facility were community rooms or rooms that could be used for particular affairs, and the Library Board felt it was not within their jurisdiction to recommend the additional expense for community service facilities. His understanding was that the projected cost for 18,000 square feet would fill the needs of the canyon area for the foreseeable future and would allow for expansion of services as the population increased. The figure given by the architect for the construction cost was $1.5 million, $300,000 of which would be required in this year's budget. The proposed allocation on the priority list would cover $289,696 and the library allocated $10,000 of its general fund budget for this year. Next year, there would be a $900,000 commitment to continue the project and $300,000 in the next succeeding fiscal year if they were to proceed on the 18,000-square foot facility. He indicated they should also direct their attention as to whether or not they wanted a larger facility which would also include facilities for community activities. Mayor Seymour stated if they moved into the area of community facilities, he personally saw the need for such facilities. On the other hand, the pressures the Council was under relative to the other prioritized capital items led him to believe the best road was the commitment to the 18,000-square foot facility and the funding schedule outlined and to subsequently direct the architect to so lay out the building so as to be able to add additional square feet in the vicinity of 4,000 for community purposes at some future date. 106/140: MOTION: Councilman Seymour moved to approve the funding schedule for an 18,000-square foot regional library in Anaheim Hills as follows: 8289,696, current fiscal year; $900,000 - FY 80-81; and $300,000 - FY 81-82. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood wanted to know from the residents if they had a preference relative to the site - whether the original site or on the parking lot site at the Anaheim Hills Golf Course. The Mayor explained that the City currently owned the site on Nohl Ranch Road very close to the elementary school and not far from Canyon High School which was the original proposed site for the library. Recent discussions had been undertaken relative to relocating to the Golf Course site and those were the two site options. The Library Board was recommending the original site because no money would be saved on the Golf Course site and the way traffic moved down Nohl Ranch Road presented a hazard for that site. He then asked for a show of hands on site preference - approximately 11 favored the original site and one favored the Golf Course site. 79-972 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. Councilwoman Kaywood asked James Ruth if the original site that was chosen was that adjacent to the hilltop site scheduled for a future park. Mr. Ruth presumed the site Councilwoman Kaywood referred to was that east of Via Cabrillo; Councilwoman Kaywood confirmed that it was. Mr. Ruth stated they were looking at a three-year time frame on the park site, but the library site was acceptable to the Commission. They had reviewed it and staff also recommended that and concurred in that location. Relative to the joint use of parking between the park and the library, that was a part of the original discussion, and it was felt there would be benefit in so doing. He believed there would be some cooper- ative usage. Councilwoman ~aywood was of the opinion that it would be desirable for Mr. Ruth to be sitting on the architectural meetings so that a plan would not be devised for one project that would later be found to have an adverse affect on the one adjacent. Councilman Bay asked the City Manager on the basis of the commitment to the proposed financing schedule for the library, plus what they were already committed to on the second half of Fire Station 8, could that possibly wipe out any other capital improvements next year. Mr. Talley answered that it could other than those projects funded from special sources such as Enterprise Funds, Gas Tax Funds and Sewer Funds. Councilman Bay stated he was ready to act favorably on the motion, but he wanted everybody to fully understand the situation; the Mayor interjected that the situation should be clarified for the public and the press, and he thereupon asked the City Manager in the budget that was approved in June without any bailout funds whatsoever, how much of that was for capital improvements. Mr. Talley answered that the total capital improvement budget was approximately $44.5 million of which nearly all was non-General Fund. For the General Fund projects, they were using "bailout" funds, where typically General Revenue Sharing Funds were used for those projects. In order to put things in proper perspective, the Mayor then asked the City Manager if there was a possibility that there would not be any capital improve- ments in the City other than the continuation of the library and fire station. He used the comparison of $44.5 million for this year's capital i~provements done through various sources of revenues with the $1.157 million of "bailout" funds. Thus, no one should be led to believe that nothing would be done next year. Mr. Talley explained that the list represented what they considered projects of a very high priority for which no other funding source was available. It was conceivable that they would just be finishing up projects the Council authorized this year with funds that could be applied to those projects. The Mayor clarified that many millions of dollars worth of capital improvements would be done in the City next year whether or not "bailout" funds were available. Mayor Seymour then included in his foregoing motion that the library be built on the original site; Councilwoman Kaywood asked that Mr. Ruth also be included in the planning meetings. Councilman Overholt accepted the inclusions. 79-973 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. The Mayor clarified his motion as follows: to approve the funding schedule for an 18,000-square foot regional library in Anaheim Hills to be constructed on the original site under the financing schedule previously articulated and with Deputy City Manager James Ruth to be included in all planning meetings. A vote was taken on the foregoing motion. MOTION CARRIED. Later in the meeting, Mayor Seymour then offered the following items for consider- ation of approval from the list of prioritized Capital Improvement Projects (Attach- ment I - August 22, 1979 memorandum) and additional unfunded Capital Improvement Projects (Attachment I, Page 2 same memo): Prioritized Capital Improvement Pro~ects Peralta Canyon Park, $115,000 Sidewalks - Gilbert Street, east side - north of Valdina, $40,000 State College Storm Drain - Romneya to La Palma, $335,000 Storm Drain - Swan Street - Romneya to Anaheim Boulevard, $55,000 Sidewalk - West Street from South Street to Vermont, $30,000 Additional Unfunded Capital Improvement Projects Anaheim Boulevard - Swan Street Storm Drain Removal, $30,000 (ties in with item 4 above) Acacia Street Storm Drain - Romneya to La Palma, $200,000 Lincoln Avenue Storm Drain - Chantilly to Rio Vista, $55,000 Cerritos Avenue south side - east of Euclid, $50,000 State College Storm Drain - Sycamore to La Palma, $85,000 He noted that the $289,696 was already allocated for the library. Also included would be the Family Foursome requests and funding schedule to be funded by Stadium/ Convention Center generated funds in FY 1980-81 totalling $325,000 (Attachment III). If the Council approved the above improvements in the spirit which he was suggesting, the list, to his knowledge, would serve citizens living in-the residential areas. Much of the storm drain work that he suggested be eliminated on the remaining prioritized capital improvement projects covered industrial areas in the Sunkist Cerritos area, and it would be at their expense if they were removed from the list and replaced with residential neighborhood storm drains and projects of that type. Councilwoman Kaywood pointed out that the Stadium/Convention Center capital requests were for 1980-81; the Mayor thereupon eliminated that $325,000 from his proposed list. As well, after a brief Council discussion, he stated that he would be willing to include the sidewalk on Gilbert Street, east side - ~outh°of Broadway contingent upon the County delivering the remainder o~ that sidewalk as previously discussed. Councilwoman Kaywood stated she had a problem in changing the priorities at this time because with storms drains, the need was so great with respect to all of them and that was the reason why she wanted to have a bond issue on the ballot. Therefore, if the list presented reflected the priorities, she wanted to stay with that list. 79-974 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. The Mayor noted that he had not changed any monies for storm drains, but only where they would be going; Councilwoman Kaywood asked to hear from the City Engineer as to why the projects were prioritized in the mmnner they were pre- sented. City Engineer William Devitt explained that through staff discussions, the projects were prioritized on the basis of what they thought was the greatest need. He then commented upon several of the deliberations. The Cerritos Storm Drain was an existing line channel that had cracked and failed and the attempt was to replace that with the pipe. The other project on which he received many calls from citizens in the area involved the Winston Street-Sunkist intersection. He had a petition from ali of the industries along Winston to improve that dirt intersection. As well, a large mobile home park had been completed in that area. The cost was minor, but the job was a major one as far as community impact. The Mayor stated he felt they could absorb both of those projects in what he had suggested. Councilwoman Kaywood questioned Mr. Devitt relative to the Cerritos Avenue State College to Anaheim Boulevard project; Mr. Devitt explained that the water flowed down Cerritos and caused a problem at the intersection of Anaheim Boulevard and it historically had been a flood area. That project would be a definite aid tO the Anaheim Boulevard area at Cerritos. Councilman Bay then questioned Mr. Devitt on the Kellogg Drive Storm Drain at Orangethorpe Avenue, asking if that was part of the Redevelopment area; Mr. Devitt explained it was never in the Redevelopment area. ~]~e drain itself was never included as a drain to be constructed by Redevelopment, but part of it was in the Project area. Councilman Bay stated he agreed with the Mayor in the temporary removal of that project in comparison to other priorities, but he asked that Mr. Devitt explore the possibility of that $180,000 cost being paid for by Redevelopment monies. Mayor Seymour then recommended the following: approve the remaining prioritized capital improvement projects, Attachment I, page 1 of August 22,.1979 m~morandum excluding at this time the Kellogg Storm Drain at Orangethorpe, $180,000; Cerritos Storm Drain, 970 feet east of Anaheim Boulevard, $120,000; Cerritos Avenue, State College to Anaheim Boulevard, $305,000, or a total of $605,000. Approve Unfunded Capital Improvement Projects, Attachment I, page 2, Anaheim Boulevard, Swan Street Storm Drain Removal, $30,000; Acacia Street Storm Drain, Romneya to La Palma, $200,000; Lincoln Avenue Storm Drain, Chantilly to Rio Vista, $55,000; Cerritos Avenue south side, east of Euclid, $50,000; State College Storm Drain, Sycamore to La Palma, $85,000, or a total of $420,000, leaving an unallocated amount of $185,000. City Manager Talley suggested that since they were looking at an approximate six month minimum work load with the projects proposed to be funded, a report could be submitted in six or seven months as to whether or not their estimates were proper and if the balance could then be reallocated. The Council had today given staff the guidance needed relative to the major portion of the funds. He estimated it would be approximately March 1st when they could report to the Council as to actual cost for the project and the status at that time. 79-975 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. Councilwoman Kaywood asked Mr. Devitt what such a delay would cost relative to major programs that had been on the urgent priority list. Mr. Devitt stated as he understood, they would be coming back in six months to give a progress schedule. They had not yet started design on any of the projects and it would take a maximum of six months to get some of the projects under way. It was unlikely they could have all bids out within six to nine months. MOTION: Councilman Seymour thereupon moved to approve the remaining prioritized Capital Improvement Projects and also approve the Unfunded Capital Improvement Projects both as articulated above with a report to be submitted in six months relative to progress on the Capital Improvement Projects with allocation of the remaining unallocated balance to be considered at that time. Councilman Overholt seconded the motion. MOTION CARRIED. Before concluding, Mr. Talley stated that when bids were received on the library project, he would probably be coming back with an ordinance establishing a special fund doctrine so that the funds could be impounded for three fiscal years. MOTION: Councilman Roth moved to approve certain reserve appropriations from the prior fiscal year totalling $1,175,137, to FY 1979-80. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 159: MOTION: Councilman Overholt moved to direct staff to obtain Lease/Purchase Financing Proposals from financial institutions for the construction and equipping of a Mechanical Maintenance Garage Facility. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Mr. Talley then briefed the Council on report dated August 22, 1979 from the Department of Finance relative to Assembly Bill 8 (AB 8) which included an extensive discussion of provisions contained in the bill which involved local governments, "a" through "g", all of which had been enacted, with the exception of "e". The report also contained a summary and a conclusion which stated the re- quirements of the bill were indicative of the further decline of California Cities' ability to control their own destinies and a move toward a more total State domination. If Council concurred relative to the report, it would enable the Intergovernmental Relations staff to represent that the City would want the provisions modified and to work with the Mayor or other members of the Council at the League level in trying to collect what they considered serious intrusions into local affairs. Councilwoman Kaywood moved to direct staff to research and investigate means to modify or cause to have modified specific provisions of AB 8, to provide permanent post-Proposition 13 State Assistance for local governments. Councilman Bay sec- onded the motion. Before a vote was taken, Councilwoman Kaywood asked if the report would be cir- culated in the League; Mr. Talley answered that it would be sent to every city tomorrow. Councilwoman Kaywood asked if it could be sent State-wide as well. Councilman Bay was not supportive of that suggestion. Mayor Seymour stated he was generally supportive of the motion, but it was so comprehensive it touched upon areas to which he was sensitive. If a "yes" vote meant that he was either opposing the effects and intent of Proposition 13 and/or 79-976 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. he was opposing the philosophy of the Spirit of 13, he could not support the motion. To the degree that the State was being unreasonable in carrying out what they perceived to be an approach to bailout, he could support that aspect. Thus, he was in a quandary on the motion. Councilwoman Kmywood stated that the report was talking about new things that the State was looking to do to interfere at the local level and "messing" with funds which they had never been able to do before. Mr. Talley then explained the direction they were looking for. They accepted that Proposition 13 was the will of the people and also conceded to the view that the Gann Initiative would pass. However, AB 8 gave School Districts power over the City, it was an intrusion of the physical and operational affairs of the City, as well as other adverse impacts listed in the report. The Mayor stated one problem area from his viewpoint was the establishment of a deflator factor (paragraph d) relative to State "bailout" funds. He wanted to be certain that Anaheim received its fair share at the State and Federal level, but if he were to be put in a position philosophically of trying to increase State "bailout" funds, that seemed to be counter productive to the intent and philosophy of Proposition 13. Mr. Talley explained what they were stating relative to "bailout", that to call AB 8 a long-term financial assistance bill was a misnomer when a deflator factor was included that could remove all of that. In essence, they were saying "stay out of City business." Nancy Johnson, Intergovernmental Relations Manager, suggested that they might also consider circulating the report to all local legislators who were currently working on the "clean-up" bill and the report was the kind of information they were looking for. A vote was then taken on the foregoing motion including the provision that a copy of the report be submitted to the 25 other Orange County cities, the League of Cities, and local legislators, but not to the State League. MOTION CARRIED. 171: ORDINANCE NO. 4042 - FIXING AND LEVYING 1979-80 TAX RATE: City Attorney William Hopkins recommended that first reading of the proposed ordinance be authorized today. However, the Charter provided that the Council fix the rate on or before August 31 for the next fiscal year. Final adoption would occur on next Tuesday, which would be September 4. Thus, to avoid any problem, he also recommended that the rate be adopted as an emergency ordinance due to the Charter provision. City Clerk Linda Roberts thereupon read the proposed ordinance in its entirety. Councilman Seymour offered Ordinance No. 4042 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4042: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1979-80. ($.094/$100) 79-977 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4042 duly passed and adopted. 171: ORDINANCE NO. 4043: Councilman Seymour offered Ordinance No. 4043 for first reading. ORDINANCE NO. 4043: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1979-80. ($.094/$100) PUBLIC HEARING - REHEARING ON CONDITIONAL USE PERMIT NO. 1923 AND NEGATIVE DECLARATION: Application by Frederick R. and Ruth E. Sachet, to permit the sales of home furnishings on ML zoned property located at 1040 Kraemer Place. The City Planning Commission, pursuant to Resolution No. PC79-18, declared the project exempt from the requirement to file Environmental Impact Report and negative declaration status was previously granted by the Council on May 15, 1979. The Planning Commission further denied Conditional Use Permit No. 1923 (PC79-18) and the application was also denied by the City Council at the May 15, 1979 meeting (79R-276-see minutes that date). A rehearing was requested by Mr. Floyd Farano, attorney for the applicant, and granted May 29, 1979, with a public hearing to be scheduled in 90 days. Mr. Farano was now requesting a continuance of the public hearing to some time after September 11, 1979. The Mayor asked if anyone was present to speak on the matter; no one was present. On motion by Councilman Roth, seconded by Councilwoman Kaywood, request for con- tinuance was approved, with rehearing scheduled to be held October 2, 1979, 3:00 P.M. MOTION CARRIED. 176: PUBLIC HEARING - ABANDONMENT NO. 78-22A: In accordance with application filed by Orange County Water District and Harmco Materials, Inc. public hearing was held on proposed abandonment of a City road and public utility easement over a portion of La Jolla Street from Kraemer Boulevard east to its present terminus, pursuant to Resolution No. 79R-458 duly published in the Anaheim Bulletin and notice thereof posted in accordance with law. Report of the City Engineer dated July 17, 1979 and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment subject to the condition that an easement be preserved for the existing gas and electrical lines. The Mayor asked if anyone wished to address the Council; there being no response, he closed the public hearing. 79-978 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. 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 an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-494 for adoption, approving Abandonment No. 78-22A, as recommended by the Planning Commission. Refer to Resolution Book. RESOLUTION NO. 79R-494: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACTION AND ABANDONMENT OF LA JOLLA STREET, EASTERLY OF KRAEMER BOULEVARD. (78-22A) 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. 79R-494 duly passed and adopted. RECESS: By general consent the Council recessed for 10 minutes. (3:20 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:30 P.M.) 153: SENIOR ACCOUNTANT POSITION IN THE CETA SERVICES DIVISION: On motion by Councilman Roth, seconded by Councilwoman gaywood, the addition of a Senior Accountant position to the CETA Services Division was authorized, as recommended in memorandum dated August 21, 1979 from the Human Resources Department. MOTION CARRIED. 101: EXTENSION OF SZABO FOOD/CITY OF ANAHEIM STADIUM AGREEMENT: City Manager Talley briefed the Council on memorandum dated August 24, 1979 from the Stadium Convention Center, Golf Course General Manager Tom Liegler, recommending the subject extension. Councilman Seymour moved to approve in concept and instrucing the City Attorney to prepare an addendum to the agreement with Szabo Food Service at the Stadium to extend it through December 31, 1985 in return for advance of funds for constructing and equipping concession stands and restaurants, etc., in the expansion portion of the Stadium. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 123: PUBLIC UTILITES DEPARTMENT METER READING PROGRAM: Councilman Overholt offered Resolution No. 79R-495 for adoption, as recommended in memorandum dated August 20, 1979 from Public Utilities General Manager Gordon Hoyt, approving an agreement with Barry and Company in an amount not to exceed $5,200 for professional services in connection with an evaluation of the City's meter reading system. Refer to Resolution Book. 79-979 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. RESOLUTION NO. 79R-495: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH BARRY AND COMPANY FOR PROFESSIONAL SERVICES IN CONNECTION WITH A METER READING SYSTEM EVALUATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Before a vote was taken, Mr. Ed Alario, Assistant General Manager of Public Utilities, clarified questions posed by Councilman Bay. 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. 79R-495 duly passed and adopted. Councilman Bay left the Council Chamber. (4:40 P.M.) 123: COMMUNITY CENTER AUTHORITY PROPERTY EXCHANGE AGREEMENT WITH MARRIOTT COR- PORATION: Councilwoman Kaywood offered Resolution No. 79R-496 for adoption, as recommended in memorandum dated August 22, 1979 from the City Attorney, approving a Property Exchange Agreement and Escrow Instructions by and between the City, the Marriott Corporation and the Community Center Authority in connection with the Convention Center Betterment II Program. Refer to Resolution Book. RESOLUTION NO. 79R-496: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY OF ANAHEIM, THE MARRIOTT CORPORATION, AND THE COMMUNITY CENTER AUTHORITY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT AND RELATED DOCUMENTS ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay None The Mayor declared Resolution No. 79R-496 duly passed and adopted. 173: REQUEST FOR EXPANSION OF TAXICAB PERMIT - YELLOW CAB COMPANY: To allow the operation of two to four vans in the Disneyland area during convention and heavy peak periods, at $1 per person per destination up to a $4 maximum charge per trip per destination. Councilman Bay returned to the Council Chamber and Councilman Overholt left the Council Chamber. (4:43 P.M.) Councilwoman Kaywood asked Mr. Slagle if he had any intention of going outside of the area discussed in his letter request dated July 5, 1979 (on file in the City Clerk's office), that is, Disneyland, Disneyland Hotel, Grand Hotel and the Convention Center. 79-980 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. Mr. Larry Slagle, Vice-President, Yellow Cab Company of Northern Orange County, stated that primarily that was the basis of the plan. It could possibly extend to the Stadium and downtown, but their indication showed that the biggest demand was at the Grand Hotel where people disembarked from buses, not someone wanting to go to the shopping center as Mr. Parrish of the Anaheim Plaza Transportation Company was concerned about. In any event, they did not want to go any further than a mile from the Disneyland area in order to put group loads together. As well, they did not want to leave the City boundaries because to do so would require a Public Utilities Commission permit. Michael Valen, Town Tour Fun Bus, also had a concern relative to that aspect, and he gave him (Slagle) a letter stating that ~hey had no problem with Yellow Cab's proposed service if they stipulated they had no intention of operating in the Buena Park/Knotts Berry Farm area, and Mr. Slagle indicated they had none. As well, he had a letter signed by the Manager of the Grand Hotel, the Executive Vice-President of the Disneyland Hotel, Inn at the Park, Mr. Stox, Carl Karcher Enterprises, Dennis Cook of Howard Johnson's and Bill O'Connell with the five Stovall properties, approving such a program. They did not envision any competition with Plaza Transporatation. It was only for convention activity, and there would perhaps be four groups of people at the same location and they would all get into the same vehicle. However, if someone from a convention asked to be taken to Anaheim Plaza, they would do so, but they performed that service at present by taxi. Councilman Overholt returned to the Council Chamber. (4:48 P.M.) Additional discussion and questioning followed between Councilwoman Kaywood and Mr. %lagle to clarify different aspects of the proposed requested service at the conclusion of which, Councilwoman Kaywood expressed her concern regarding the fact that Anaheim Plaza Transportation came in and requested to provide a service for which there was a tremendous need in the City, just as they were concerned with Yellow Cab not having someone come in and take from their service. She did not want that to occur with Plaza Transportation. Councilman Roth stated he was supportive of the request as it related to the fuel shortage and the serious problem existing with air pollution. Thus, if one van could perform the service of several vehicles, it was a step in the right direction. Mr. Michael Parrish, Plaza Transportation Company, stated they did not oppose the expansion of fleet taxicab service although he did not go along with the type of rate Mr. Slagle was asking to charge, because it was not definitive enough and was really a random rate. As a taxicab company, they should charge on a meter. They were a taxicab company and Plaza Transportation was not and many different issues could arise in the situation, upon which he elaborated. He then answered a line of questioning relative to rates and other aspects of the service they provided posed by Councilwoman Kaywood and Councilman Roth after which, the Mayor asked Mr. Parrish to restate his concern since it was not clear to him. Mr. Parrish clarified that Yellow Cab was proposing to charge the same rate as Plaza Transportation and yet Plaza Transportation had to stay on a schedule, whereas Yellow Cab did not. Thus, Yellow Cab could cover their stops five minutes prior to 79-981 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. their schedule and when Plaza Transportation arrived, they would find no patrons. One way that situation could be corrected was to put the proposed vans on meters and have the fare split amongst the passengers. Another way would be to keep Yellow Cab from going north of Lincoln Boulevard to the Anaheim Plaza. If Mr. Slagle indicated the immediate Disneyland area in his application, perhaps that was where he should stay. Mayor Seymour asked Mr. Slagle if he would have any objection to limiting the vans to south of Lincoln Avenue; Mr. Slagle did not believe that was a problem, but relative to the rates, it was harder to figure out what the meter was going to be in order to divide the cost amongst the passengers. The Mayor then asked if there were no meters, could he live with not going north of Lincoln; Mr. Slagle stated that was not a problem. Mr. Parrish stated that would satisfy him; Councilwoman Kaywood suggested more specifically, not to Anaheim Plaza. Mr. Parrish stated, in effect, that is what would occur if he stayed south of Lincoln. Their mainstay was to pick up from the Hotel area and take them to the Shopping Center. Councilman Overholt agreed with the restriction and the new shuttle service proposed, which essentially was a peak period service, could not terminate at Anaheim Plaza in the peak period and that was the only time they would be charging a flat rate. He did not believe the Yellow Cab service should be allowed to compete with the service provided by Plaza Transportation, otherwise it would be out of business in a very short time and that was his concern. He wanted to protect that operation because it was performing a needed service and doing a good job for the merchants at the Center. Monica Keppel, Plaza Transportation, stated she did not understand what specific- ally a jitney service was. When they applied for their permit, they were required to stop at certain stops at specified times. To her, the subject request was the same thing, but the company could not operate as a taxihab. She wanted to know if they installed a meter, could they do so. Mayor Seymour asked if the request were approved prohibiting the vans from having a destination at Anaheim Plaza, would that answer her concerns; in finality, Ms. Keppel answered "yes". Councilman Bay asked to hear from the City Attorney relative to the information he had indicating if they allowed Yellow Cab to go into the jitney service with- out a fixed route or specific times, where the destination was not necessarily under the control of the passenger, it would effect the Municipal Code. City Attorney Hopkins referred to memorandum dated August 16,.1979 from the Assistant City Attorney which defined a taxicab as described in paragraph 2. Under that definition, it was his opinion that the proposal of Yellow Cab was still included in the taxicab ordinance. The jitney service ordinance provided that the jitney service operate over fixed routes and required approval of the Council. Thus, the Code did distinguish between the two types of service and 79-982 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. it would not require a change in the ordinance. In his opinion, if Yellow Cab utilized a van, it would not be defined as a jitney because it would not involve a fixed route. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project would have no significant individual or cumulative adverse environmental impact and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 79R-497 for adoption approving the expansion of the taxicab permit of Yellow Cab Company of Northern Orange County, to allow the operation of two to four vans in the Disneyland area during conven- tion and heavy peak periods, at $1 per person per destination up to a $4 maximum charge per trip per destination, but excluding Anaheim Plaza as a destination. Refer to Resolution Book. RESOLUTION NO. 79R-497: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A SPECIAL RATE CHARGE FOR TAXIVANS FOR THE YELLOW CAB COMPANY OF NORTHERN ORANGE COUNTY, INCORPORATED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayo~ declared Resolution No. 79R-497 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, 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 Claims Administrator: a. Claim submitted by Betty Jean Rowzee for personal injury damages purportedly sustained as a result of an accident with City truck on or about July 17, 1979. b. Claim submitted by Roy Rowzee for loss of consortium purportedly sustained as a result of his wife's accident with City truck on or about July 17, 1979. c. Claim submitted by James H. Davis for damages purportedly sustained as a result of electrical problem outside dwelling causing power back-feed, on or about August 7, 1979. d. Claim submitted by Colleen Dawson for personal injury damages purportedly sustained as a result of slip-and-fall accident at Anaheim Stadium, on or about July 7, 1979. e. Claim submitted by Michael Spasich, Amesia, Inc., for damages purportedly sustained as a result of problem with main sewer line serving 2675 W. Woodland Drive, on or about July 23, 1979. 79-983 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979, 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: b. 105: c. 105: d. 105: e. 140: f. 105: Community Services Board - Minutes of June 28, 1979. Public Utilities Board - Minutes of July 5, 1979. Community Redevelopment Commission - Minutes of August 8 and 15, 1979. Library Board - Minutes of July 18, 1979. Library Department - Monthly Report for July 1979. Anaheim Housing Commission - Minutes of June 6, 1979. 3. 108: APPLICATIONS: The following applications were approved in accordance with the recommendations of the Chief of Police: a. Public Dance Permit submitted by Empresa Frias, for a public dance to be held September 1, 1979. 7:00 P.M. to 1:00 A.M., at the Anaheim Convention Center. (Cruz Munoz Frias, applicant) b. Amusement Devices Permit for pinball machines, video electronic games, pool table and foosball to be located at Kojaks Koney Island, 3024 West Ball Road. (Larry I. Weissman, applicant) c. Entertainment Permits for Red Lion Inn Bar, 120 East Lincoln Avenue, and E1 Burrito Bar, 557 South Olive Street, to allow a mariachi band at each. (Arnulfo G. Granados, applicant) MOTION CARRIED. 158: DEEDS OF EASEMENT: Councilwoman Kaywood offered Resolution No. 79R-498 for adoption accepting deeds of easement. Refer to Resolution Book. RESOLUTION NO. 79R-498: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Arthur G. Wilmsen, et ux.; North American Investments; Jack J. Wright, et ux.) 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. 79R-498 duly passed and adopted. ORDINANCE NO. 4036 AND 4037: Councilwoman Kaywood offered Ordinance No. 4036 and 4037 for adoption. Refer to Ordinance Book. 142/179: ORDINANCE NO. 4036: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.06.060 AND ADDING NEW SUBSECTIONS .0257 AND .0267 TO SECTION 18.06.060 OF CHAPTER 18.06, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (parking standards for racquetball and tennis facilities and child day care centers) 79-984 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. ORDINANCE NO. 4037: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-61-69(89), ML) Roll Call Vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4036 and 4037 duly passed and adopted. ORDINANCE NO. 4038: Councilman Bay offered Ordinance No. 4038 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4038: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(26), ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4038 duly passed and adopted. ORDINANCE NO. 4039 THROUGH 4041: Councilwoman Kaywood offered Ordinance No. 4039 through ~,041, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 4039: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (78-79-28, CL) ORDINANCE NO. 4040: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(83), ML) ORDINANCE NO. 4041: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-26, RM-3000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4039 through 4041, both inclusive, duly passed and adopted. ORDINANCE NO. 4044: Councilman Roth offered Ordinance No. 4044 for first reading. ORDINANCE NO. 4044: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(90), ML) 79-985 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. 114: SEPTEMBER 4, 1979 COUNCIL MEETING: Councilman Overholt reported there was a possibility he might not be in attendance at the next Council meeting, Tuesday September 4, 1979 because of vacation, but he would not be leaving the State. 114: PIO RELEASES: Councilman Roth asked that on PIO releases which were routed to the Council, in the future, he wanted to know who originated and who released the announcements so that he could inform his constituents when asked. 175: UNDERGROUNDING UTILITIES ON FAIRMONT BOULEVARD: Mayor Seymour reported that he met with a number of citizens in the Anaheim Hills area who seemed to indicate they would be willing to pay for undergrounding of utilities on Fairmont Boulevard depending on the cost. That being the case, he felt that it might be worthwhile at a later time, after the City Manager had an opportunity to provide some feedback, to consider a mailing in utility bills to the residents of the area asking, if the City were to place a surcharge on them in order to put ali future utilities underground, would they be willing to pay, yes or no. He asked the City Manager, (1) if it was too late to underground utilities on Fairmont at this time since the last decision made was to install overhead utilities, and (2) input as to the feasibility of using utility bills for some type of survey, as well as providing a guesstimate cost that would be split among the citizens of Anaheim Hills to pay for undergrounding. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Bay seconded the motion. MOTION CARRIED. (5:20 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:35 P.M.) 112: GEHRLS VS. GUZMAN ET AL: On motion by Councilman Seymour, seconded by Council- woman Kaywood, the City Attorney was authorized to settle Orange County Superior Court Case 28-97-32 (Gehrls v. Guzman) for the sum of $12,000 pursuant to the settlement proposal dated August 27, 1979, and to execute all documents related to said settlement proposal. MOTION CARRIED. RECESS: Councilman Bay moved to recess to 7:30 P.M. at the Anaheim Convention Center, 800 West Katella Avenu, Santa Ana Room, for the purpose of discussing parking congestion in the area west of the Convention Center. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (5:36 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order in the Santa Aha Room of the Anaheim Convention Center, all Council Members being present. (7:30 P.M.) 124/149: PUBLIC HEARING - PARKING CONGESTION~ AREA WEST OF THE CONVENTION CENTER: To solicit public input relative to the parking congestion in the area west of the Convention Center between West Street and Jacalene Lane. Mayor Seymour introduced staff present and welcomed the residents to the meeting. He referred to the staff report dated August 1, 1979 from the Engineering Division/ Public Works Department which discussed the traffic problem in the area and options for a satisfactory solution, as well as the merits and disadvantages of each of those alternatives. 79-986 City Hall~ Anaheim, California - COUNCIL MINUTES - August 28, 1979~ 1:30 P.M. City Manager William Talley then briefly summarized the staff report for the benefit of the audience and, in concluding, pointed out that if permit parking were instituted (paragraph b, page 2), it would be the obligation of the residents of the area to see that all vehicles had a proper permit on them. It was also felt traditionally that approach did not work and the neighborhood subsequently wanted tow away. It was also staff's feeling if they were to permit this in the Eleanor Drive area, they should be expecting to receive requests from other residential and commercial areas near high use facilities. The Mayor asked if any members of the public wished to speak. Mrs. Ed Morman, 1883 South West Street, asked relative to permit parking, starting the first of November until the first of April, they had company from the East coming and going on evenings, weekends or holidays, and she wanted to know where they would get permits. City Manager Talley answered that she would go to the Convention Center office although he did not know how Mr. Liegler would handle the situation. There was' no problem relative to supplying permits for every vehicle in the neighborhood, but a problem would arise regarding visitors. If they allowed for visitors, there was obviously not enough room for four cars to park. In some areas, specifically Inglewood where the permit process was instituted, permits were sometimes given to kids to sell. He reiterated they could not give out more permits per house than there were parking spots in front of that house. Mr. Tom Liegler, Stadium, Convention Center & Golf Director, explained that they had revi~wed permit parking in other cities. Their thinking at this time was to measure the normal slots in front of a house and then parking permits would be issued accordingly. They would be passable permits, that is, not affixed on individual cars because vehicles were changed, but passable under the control of the individual residents. They wanted to be liberal so that when the residents had visitors, they would be able to care for them, as well as their automobile under normal circumstances. The exact number had not yet been determined, but a preliminary figure was three per family, and they would have to make some corrections depending upon homes, number of vehicles and people living in those homes. The permit would be placed inside the vehicles so that the checker could see it and it would be transferrable to friends and relatives and people visiting the area. The Mayor clarified it would only be needed when parking on public streets and not in garages and driveways. In answer to Councilwoman Kaywood, Mr. Leigler stated if two people had parties involving a number of cars, there was no easy answer to such a situation and they had not figured out the exact details. They would be very liberal in work- ing with the neighborhood to their mutual best interest, and there would be times when they would have to place restrictions on a particular situation. The Mayor stated he was under the impression the only time they would enforce parking would be on those dates when the expected overflow parking from an event at the Convention Center. 79-987 City Hall, Anaheim, California - COUNCIL MINUTES - August 28~ 1979, 1:30 P.M. Mr. Liegler stated it would be difficult to make a decision as to when that parking would be from the Convention Center or vehicles of people working in the area. The Mayor then asked if he was suggesting that they hire the part-time parking checker and he or she would be in the neighborhood every day. Mr. Liegler answered, "yes" primarily during the normal hours when residents needed the parking and certainly Saturdays, Sundays and holidays. Councilman Roth stated that relative to the permit concept, he was interested in trying to get the residents to the meeting tonight so they could make a determination as to whether or not they wanted government to get involved with parking in front of their homes. There might be those who supported permit parking and those who did not. He preferred to leave the situation as it was presently, but was looking for a preference of the majority of the people. Mayor Seymour then asked for a show of hands of those citizens from the neighbor- hood who wanted to leave the situation just as it was at present. Thirteen (13) residents indicated their preference for leaving the situation as it is. The Mayor then asked how many preferred the alternative of permit parking. Four (4) residents indicated the preference for permit parking. Mrs. Val Doherty, 1116 Wakefield Place, was of the opinion parking by permit as a first step would be a hindrance to those wanting to park in their neighborhood. Mr. Phil Allisio, speaking on behalf of Mrs. Bertha VonGilligan, owner of the property at 1150 Dooley Place, stated that Mrs. VonGilligan had never had any problems with people who visited the Convention Center or the Stadium, and she had lived in the tract since its inception. Most problems were caused by people in the area. They wanted the situation to remain as it is. If it was changed and Eleanor Drive should be closed off, it would cause congestion on Casa Vista. He then explained the circuitous route that would have to be taken through the various streets in the area if Eleanor Drive were closed. It would be an incon- venience and at the time of an energy crisis, a waste of fuel. He reiterated the situation should not be tampered with but they did feel that the Police Department should support the area more than they were doing relative to parking and congestion. The Mayor pointed out that unless people were parked illegally, there was nothing the Police could do. Since public streets were involved, people had a right to park wherever they could do so, unless posted otherwise. Mr. Allisio clarified what he meant was that if the Police patrolled the area when an event was taking place at the Convention Center, they could observe the problems that were occurring and just by being there, could alleviate some of those problems and the complaints that were coming to the Council. Mr. Herb Clark, 1908 Cathy Lane, refuted the statement made by Mr. Allisio relative to the Police Department. He lived on a cul-de-sac and sometimes problems did arise with people parking in driveways. However, the Police did come by and 79-988 City Hall, Anaheim, California - COUNCIL MINUTES - August 28, 1979, 1:30 P.M. ticket those vehicles and that was not the problem. As he viewed it, taxpayers were entitled to use public streets just as residents from the area parking on public streets in Los Angeles County unless there was abuse, such as trampling on a lawn or dropping beer cans, which he had never seen. He believed that the very few times during the year when the Convention Center parking lot was over- flowing and people parked in the area, they did a good job and it was seldom when tickets were issued. He felt they were wasting the Council's time and vice versa by going through an exercise such as the meeting tonight. Mr. D. A. Navarett, 1881 Morgan Lane, stated that he favored permit parking. Morgan Lane and Eleanor Drive were the streets closest to the Center and they always had cars parked there. There were always beer parties and a lot of bottles all over the area. That should be stopped and permit parking was about the only way it could be stopped. Councilman Roth asked if the beer drinking was done by people in the area that might be visiting or people that were going to or from the Convention Center; Mr. Navarett then relayed an incident which occurred in front of his house which took place three nights prior involving two cars and four people. He went out and asked what they were doing and they told him they had come from the Center and thought they would have a drink. In the morning, there were bottles and litter ali over his yard. Mr. Nell Lisbett, 1164 Wakefield, explained that since moving into the neighborhood approximately six or seven months earlier, he had noticed a great number of cars in the area when the Convention Center was full. It was difficult to park and was difficult to get into the driveways. Although the cars did not block the driveways, they parked by the driveway's edge to edge thereby not providing enough space to get in or out without difficulty. He did not know if permit parking was the answer, but something had to be worked out. In New Jersey, they had a system whereby at certain hours parking was not allowed for non- residents. If there were visitors, all that was required was a call to the Police Department relaying the license number of the visitors' vehicle. The Police patrolled on a regular basis and any car for which they did not have a license number was automatically ticketed and after a certain number of hours, it was towed away. Just as with Mr. Navarett, he too had experienced problems with bottles, trash and ali kinds of litter on his lawn. Mr. Bill Marly, 1108 Dooley, stated he had seen people picnic on other peoples' lawns, and on his walks through the neighborhood, he always saw beer cans and bottles. It was not a problem all of the time but on some occasions it was atrocious. There were also people who just did not want to park in the lot in order to protect their cars and because it was more convenient for them not to park in the lot. He once passed a petition to have Eleanor Drive closed and, on second thought, he did not think it was a good idea. Permit parking was a start and would probably alleviate the problem. Councilman Roth asked how he accounted for the fact that on the show of hands, 13 were opposed and 4 supported permit parking; it was his opinion that most people realized some of the problems involved in the mechanics of getting a permit. 79-989 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. Mr. Marly stated that a number of the people that had previously been outspoken on the matter were not present, but he did not know why. He had spoken with the Assistant Traffic Engineer after the last meeting who was of the opinion that permit parking was a good place to start and the easiest, least expensive and most expedient thing to do. Relative to selling the concept to his neighbors as questioned by Councilman Roth, he explained the further away they moved from the Convention Center, the more difficult it would be to sell the concept. For instance, the people on Jacalene Lane hardly had a problem, but he lived on a small cul-de-sac in close proximity to the Convention Center and had three cars, with no parking whatsoever in front of his house. Mrs. Estele Purvett stated she lived on Wakefield and it was an intermittent problem and with some cooperation and input from the Convention Center, if they could post a sign on the day when they expected overflow parking, she felt people would be somewhat intimidated by such a sign indicating residential parking only. That was not to be everyday because it was not an everyday problem. In speaking about the closure of Eleanor Drive, that was the ingress and egress to their neighborhood and putting a fence around themselves would be difficult on the residents. Mr. Vic Staff, 112 Dooley Place, stated it was important to look at what was planned for the Convention Center in the future in making it the number one center in the country. They were planning to close off Convention Way which would then become an exit only at the end of an event. There would also be a main entrance on Convention Way located closer to the neighborhood than the present entrance. Thus, in addition to the present problem, he foresaw a number of problems when large events concluded in the future. A great deal of traffic would be flowing out onto West Street which then would encounter con- gestion at West Street and Katella. The traffic would then start shortcutting through the neighborhood. He commented that permit parking seemed expedient. A suggestion he had made before was to install a wall the full length of West Street from Katella to the condominiums on Orangewood, so that there would be no ingress or egress by foot traffic or by vehicle. He lived next to Marly and there was a lot of trash and recently an incident of stolen plates and stolen cars had been left in the area particularly when rock concerts were held at the Center. Mr. Allisio again explained that he did not mean his remark relative to the Police Department to be offensive. He meant they should patrol the area when rock concerts were being held at the Center. On one occasion during a concert, a beer party was held on the sidewalk, and he called the Police who told him if they were on his property to call them. He was interested in having the Police patrol on those occasions. Mr. Liegler stated that in the staff proposal, they did leave out the alternative expressed by the citizens - to leave the situation the same as it was at present. That would be his preference as well. He also explained that his home was five to six miles from the Convention Center and although he did not have the same traffic problem as the Convention Center area, he did have the same problems relative to trash and parties in the neighborhood. Not all of the incidents 79-990 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 28~ 1979~ 1:30 P.M. could be totally contributed to the Convention Center operation. They also performed a service at their cost which no other Convention Center performed and that was to provide regularly a neighborhood clean-up program. They toured the entire area and tried to clean it up to the best of their ability. They would continue to do so and he would like to hear from the citizens that perhaps the best answer was to leave the situation as it is until such time as the Betterment II Program was completed. They would be involved in some additional burdens of traffic flow, and it would be better to look at the situation at that time. Mayor Seymour stated that the alternative seemed to be, (1) leave as is, or (2) a form of parking permit, from something that may not be too effective such as putting signs up but not enforcing them, all the way to an enforced permit parking program as discussed. Another show of hands revealed that eleven (11) favored alternate number one and eight (8) alternate number two. Further discussion followed between the Council and Mr. Talley relative to the flexibility and practicability of using temporary signs that would not be enforced, permanent signs indicating parking for residents of the area only, signing and enforcing permit parking for Eleanor Drive, Morgan Lane, Dooley Place and Wakefield Place only, etc. In concluding, Mayor Seymour stated as of this moment it would be inappropriate, based upon testimony, to consider permit parking or closing Eleanor Drive or anything else. They had to closely monitor the situation and as they proceeded in the Betterment II Program, if the problem worsened or public opinion expressed was more favorable towards permit parking, the Council should be prepared to take action. Although all of the people who might want permit p~rking were not at the meeting for some reason, there was substantial enough interest from the neighborhood to leave the situation as is. Councilman Roth wanted to know how many notices were sent out to the citizens in the Eleanor Drive area; the City Manager stated 130 notices were hand-delivered, and a meeting notice was posted and published. He agreed that with that type of notification, there should have been a better response. Before closing, Mr. Lisbett asked if there was not going to be any permit parking, why the Police Department could not patrol the area more often; Mayor Seymour stated he was certain that Captain Kennedy noted the comments made this evening and, to that degree, they would receive better Police service relative to cur- tailing drinking on public streets and that type of activity. Mayor Seymour confirmed that the situation would remain as is in the neighborhood until such time as the Betterment II Program was completed when further action might be necessary. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood secOnded the motion. MOTION CARRIED. Adjourned: 8:40 P.M.