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1979/12/1879-1434 City Hall, Anaheim, California - COUNCIL MINUTES - December 18~ 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 EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: NormanJ. Priest FACILITY MAINTENANCE SUPERINTENDENT: John Roche CITY ENGINEER: William Devitt TRAFFIC ENGINEER: Paul Singer RISK MANAGER: Jack Love ASSISTANT GENERAL MANAGER OF PUBLIC UTILITIES: Edward G. Alario ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti DEPUTY FIRE MARSHAL: Garth Menges POLICE CAPTAIN: Jimmie D. Kennedy ADMINISTRATIVE ASSISTANT: James L. Armstrong Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Charles Kendall, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of AllegiJnce to the Flag. 119: LETTERS OF COMMENDATION: Letters of commendation were presented to those members of the Halloween Festival Committee who were present in recognition of their outstanding efforts in staging this year's Annual Halloween Festival. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was Unan- imously adopted by the City Council to be presented to Fire Chief James Riley on the occasion of his retirement, December 28, 1979, ending nearly three decades of outstanding public service. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the minutes of November 6, 1979 were approved, .subject to typographical corrections. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution in regular order. Councilman Ben Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,368,281.81, in accordance with the 1979-80 Budget, were approved. 79-1435 .City Hall., Anaheim.~ California - COUNCIL MINUTES - December 18, 1979, 1:30 P.M. CITY MANAGER/DEPARTMENT CONSENT CALENDAR: On motion by Councilman Overholt, seconded by Councilman Bay, the following actions were authorized as recommended: a. 150: Continue the award of Pearson Park Handball Courts (Account No. 25-807-7107) to December 26, 1979. b. 150: Continue the award of Lincoln Plaza Park (Account No. 25-803-7103- 80308) to December 26, 1979. c. 169: Continue the award of installation and replacement of incandescent street lighting luminaries - HUD Area IV (Account No. 25-671-6328-7632-37300) to December 26, 1979. d. 160: Bid No. 3582 - Twenty-two sub-compact cars, award to Southland Chevrolet, $109,036.18. e. 160: Bid No. 3593 - 52, 120-volt polyphase meters, award to Maydwell & Hartzell, $10,364.76; and 34, 277-volt polyphase meters, Westinghouse Electric Supply, $6,931.21. MOTION CARRIED. 123: CHFA HOME OWNERSHIP - HOME IMPROVEMENT PROGRAM: Councilwoman Kaywood offered Resolution No. 79R-733 for adoption, as recommended in memorandum dated December 10, 1979 from Executive Director of Community Development Norm Priest, approving an agreement with the California Housing Finance Agency for partic- ipation in the CHFA Home Ownership - Home Improvement Program. Refer to Resolution Book. RESOLUTION NO. 79R-733: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITONS OF AN AGREEMENT WITH THE CALIFORNIA HOUSING FINANCE AGENCY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECTUE 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-733 duly passed and adopted. 158: ACQUISITION OF REAL PROPERTY - LOT 19 - SCHAFFER-OSWALD SUBDIVISION: Councilwoman KaywOod offered Resolution No. 79R-734 for adoption, as recommended in memorandum dated December 12, 1979 from the Executive Director of Community Development, approving an agreement for acquisition of real property for Lot 19 of the Schaffer-Oswald Subdivision, also known as 1040 North Part Street in the amount of $53,000. Refer to Resolution Book. ' RESOLUTION NO. 79R-734: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. 79-1436 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 p.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 79R-734 duly passed and adopted. 153: COMPENSATION FOR UNREPRESENTED PART-TIME CLASSES: Councilman Overholt offered Resolution No. 79R-735 for adoption, as recommended in memorandum received December 12, 1979 from Human Resources Director Garry McRae, approving the establishment of rates of compensation for unrepresented part-time classes and amending Resolution No. 79R-137. Refer to Resolution Book. RESOLUTION NO. 79R-735: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME CLASSES, AND AMENDING RESOLUTION NO. 79R-137. 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-735 duly passed and adopted. 164: AWARD OF CONTRACT - WOODSBORO AND NORTHFIELD AVENUE STORM DRAIN CLEANING AND MANHOLE CONSTRUCTION: Account No. 11-790-6325-0250. Councilwoman Kaywood offered Resolution No. 79R-736 for adoption, awarding a contract as recommended by the City Engineer in his memorandum dated December 12, 1979. Refer to Resolution Book. RESOLUTION NO. 79R-736: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT CERTAIN WORK IS OF URGENT NECESSITY AND APPROVING AN AWARD OF CONTRACT TO NICK DIDOVIC CONSTRUCTION COMPANY WITHOUT ADVERTISING FOR BIDS (WOODSBORO AVENUE AND NORTHFIELD AVENUE STORM DRAIN CLEANING AND MANHOLE CONSTRUCTION). 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-736 duly passed and adopted. 113/160: DESTRUCTION OF PURCHASING RECORDS: Councilman Ro~h offered Resolution No. 79R-737 for adoption, as recommended in memorandum dated November 1979 from the Purchasing Agent Richard Jefferis, authorizing the destruction of City records more than two years old (Purchasing Division). Refer to Resolution Book. 79-1437 Citz. Hall, Anaheim, California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-737: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. 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-737 duly passed and adopted. 123: FEDERAL AND EDISON-RELATED LITIGATIONS: Councilman Seymour offered Resolution No. 79R-738 for adoption, as recommended in memorandum dated December 7, 1979, from the Public Utilities Board, approving Amendment No. 1 to an agreement with R. W. Beck and Associates in connection with various Federal and Edison- related litigations and negotiations, and increasing said contract by $74,500 to an amount not to exceed $164,500. Refer to Resolution Book. RESOLUTION NO. 79R-738: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITONS OF AN AMENDMENT OF AGREEMENT WITH R. W. BECK AND ASSOCIATES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. 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-738 duly passed and adopted. 123: LEWIS-YORBA #1 69 kV LINE ON CERRITOS AVENUE EAST OF LEWIS STREET: Council- man Roth offered Resolution No. 79R-739 for adoption, as recommended in memorandum dated December 7, 1979 from Public Utilities General Manager Gordon Hoyt, ap- proving an agreement with Pacific Telephone & Telegraph Company to install, maintain and use a 69,000-volt circuit along a route located on the south side of Cerritos Avenue between Lewis Street and The Atchison, Topeka & Santa Fe Railroad. Refer to Resolution Book. RESOLUTION NO. 79R-739: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH THE PACIFIC TELEPHONE & TELEGRAPH COMPANY IN CONNEC- TION WITH INSTALLATION OF ELECTRICAL CIRCUITS ON CERRITOS AVENUE EAST OF LEWIS STREET AND AUTHORIZING 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-739 duly passed and adopted. 79-1438 City Hall, Anaheim~ California - COUNCIL MINUTES - December 18~ 1979, 1:30 P.M. 123: EXTENSION OF SZABO FOOD SERVICE: Councilwoman Kaywood offered Resolution No. 79R-740 for adoption, as recommended in memorandum dated December 11, 1979 from Stadium, Convention Center and Golf Course General Manager Tom Liegler, approving an addendum to the present Anaheim Stadium Food Service Agreement with Szabo Food Service, Inc., dated March 16, 1976, for an extension of five years in return for an advance of funds up to $1,500,000 for extension of that service in the Anaheim Stadium expansion. Refer to Resolution Book. RESOLUTION NO. 79R-740: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A THIRD AMENDMENT TO AGREEMENT WITH SZABO FOOD SERVICE, INC., AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT. 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-740 duly passed and adopted. 156: COMMUNITY MEETING - RIVERDALE SCHOOL AREA - NOVEMBER 7, 1979: Receive and file report relating to the community meeting held November 7, 1979 concerning problems in the Riverdale School area. City Manager William Talley briefed the Council on report dated November 13, 1979 concerning the November 7, 1979 community meeting which took place at the request of the Riverdale School PTA (on file in the City Clerk's office). Mayor Seymour stated that the report was clear relative to what took place at the meeting and the subsequent action to be taken. It appeared they had a nucleus of citizens in that area who cared and to that degree, the City should be most cooperative. As a result of the meeting and with regard to one of the major concerns, graffiti, the City Attorney reported earlier that there was some anti-graffiti ordinances and programs that were working. To that end, he asked the City Attorney to research the matter and bring forth an ordinance for consideration. It would be presented next week, combined with a program under which, in certain cases, they would be able to utilize Public Works or at least use public funds to paint over or cover up graffiti on walls abutting public streets. Councilwoman Kaywood stated that she was particularly concerned relative to the gang activity outlined in the report. The Mayor stated that Captain Kennedy was very concerned as well and they were taking all actions possible. As long as they continued to work with the citizens, he felt they would eventually be successful. City Manager Talley explained that an item not mentioned in the report was an action taken approximately six months ago, approving School Resource Officers. Before they could be in the field, they had to be recruited, hired and sent through a 16-week training program. That possibly would have as much impact as any one thing that could be done. 79-1439 City Hall, Anaheim~ California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the report relating to the community meeting held November 7, 1979 concerning problems in the Riverdale School area was ordered received and filed MOTION CARRIED. ' 106: ANAHEIM ARTS COUNCIL - REIMBURSEMENT OF EXPENDITURES: On motion by Councilwoman Kaywood, seconded by Councilman Bay, monies totalling $455.53 from the Anaheim Arts Council to reimburse expenditures made for the printing of their October, November and December Anaheim Arts Calendar, were accepted, to be appropriated to Account No. 279-6901-90019, as recormnended in memorandum dated December 12, 1979 from Deputy City Manager James Ruth. MOTION CARRIED. 180: CITY PROPERTY INSURANCE - BROKER PROPOSAL: Councilman Bay moved to accept the offer of property insurance from Mission and Kemper Insurance Companies, as contained in the proposal of December 7, 1979, from the City's Broker, Marsh & McLennan, as recommended in memorandum dated December 12, 1979 from Risk Manager Jack Love. Councilman Overholt seconded the motion. MOTION CARRIED. Councilman Roth commended staff and the insurance carrier for what he considered another great savings under the City's new insurance program. Mayor Seymour asked if the deductibles and the coverage included in the policy were equal to or greater than the benefits received under the old policy. Mr. Jack Love, Risk Manager, stated that they exceeded the existing coverage and the deductibles were the same. Councilwoman Kaywood asked to have a running account as to how much money the City saved since they had switched to the new program. Mr. Love stated that figure was between $400,000 and $500,000. 123/158: PROPERTY EXCHANGE RELATING TO BETTERMENT II PROGRAM: Councilman Bay offered Resolution No. 79R-741 for adoption, as recommended in memorandum dated December 13, 1979 from the City Attorney's office, approving a License Agreement by and between the City and Marriott Corporation (property exchange) Refer to Resolution Book. ' RESOLUTION NO. 79R-741: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF ANAHEIM AND THE MARRIOTT CORPORATION, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT 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-741 duly passed and adopted. 79-1440 city Hall, Anaheim, California - COUNCIL MINUTES - December 18~ 1979, 1:30 P.M. 156: SOLICITING SUPPORT FROM THE LEAGUE OF CITIES - ORDINANCE PROHIBITING SALE OF DRUG PARAPHERNALIA: Councilwoman Kaywood moved to contact the League of Cities, both the Orange County Division and the State, asking them to join with Anaheim on the ordinance prohibiting the sale of drug paraphernalia. Council- man Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood stated she recommended such a motion because many cities were facing the same problem as Anaheim and some had litigation pending presently relative to the sale of such paraphernalia. 123: MICROFILMING SERVICES: Councilwoman Kaywood offered Resolution No. 79R-742 for adoption, as recommended in memorandum dated December 4, 1979 from City Clerk Linda Roberts, approving an agreement with ORCO Microfilming Service, Inc., for microfilming services for City government documents, terminating October 31, 1981. Refer to Resolution Book. RESOLUTION NO. 79R-742: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH ORCO MICROFILMING SERVICE, INC., IN CONNECTION WITH THE MICROFILMING OF CITY GOVERNMENT DOCUMENTS, AND AUTHORIZING 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-742 duly passed and adopted. 153: REQUEST TO DESIGNATE MONDAy, DECEMBER 24, 1979 A HOLIDAY FOR CITY EMPLOYEES: Mr. Rocky Porter, representative of Local 47, IBEW, 1240 Pelicier Road, Whittier requested that the Council designate Monday, December 24, 1979 as a holiday for Anaheim City employees. They believed doing so would be an appropriate and goodwill gesture on the part of the Council. An action of that nature was not without precedence. Many cities in the State granted both Christmas Eve and New Year's Eve as days off for their employees. The City of Riverside as of this moment was voting on such a request, and he had reason to believe it would be granted. Mr. Porter stated he knew they would be looking at cost figures and in so doing that they should consider productivity. They did not believe that Christmas or New Year's Eve were very productive days for the City. If it was the concern of the Council as to whether or not at least the employees of the Utilities Department would be available to respond to emergencies, he gave his personal assurance that employees would be available. If the Utilities Department could not get anybody to respond, he would dispatch construction linemen. In concluding, Mr. Porter noted that President Carter had designated Monday, December 24, 1979 as a day off for all Federal employees. City Manager Talley stated that Mr. Porter was correct in the fact that many governmental agencies had been requested to allow those holidays; however, several things should be recognized. The condition was one that occurred approximately everysix years and, therefore, it was not something where 79-1441 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. a precedent was set. It would be unrealistic for employees' associations to con- sider that the Council had established a policy. In his opinion, if this were an appropriate item for discussion, it should be handled in bargaining agreements because they could expect the same situation in 1984 and in 1990. In recognition of the problem, on November 2, 1979, he sent to all Department and Division heads a note regarding Christmas and New Year's Eve, stating that while not City holidays, it was recognized that there would be substantial interest in time off on those two days and he, therefore, encouraged the Department and Division Heads to permit the greatest possible number of employees to take those days off while maintaining minimum service levels. While City offices should remain open, he had no objection to the maximum number of employees availing themselves of the privilege of taking a day of vacation or compensatory time off if they deserved it. The City Manager continued that if the Council were to approve a holiday, two things would occur. They estimated approximately $26,000 in holiday premium costs would be incurred, chiefly in the Utilities and Safety services area. Approximately 2,800 hours of paid overtime would be sustained. More importantly, in his opinion, the average payroll for the City on any given day was somewhere around $130,000. Assuming $26,000 was paid in overtime, there would be approx- imately $107,000 to $110,000 worth of salaries paid that day, assuming that $50, $60 or $70,000 worth of those hours would be taken in vacation. If they declared a holiday, those hours would not be used, and they would still be on the books. Instead, the vast majority of employees who wished to take that day off, if they had vacation or compensatory time, would be allowed to do so. If the Council approved the holiday, all City employees would be granted that day off and they would instead incur a $26,000 expenditure. Council had the privilege of declaring December 24 a holiday, but they would also be faced with the same situation in 1984 and 1990. Also, the day after Christmas and New Year's could be a Friday and that was going to occur in 1980 and 1986 and, therefore, they could be in a posture of seeing such a situation occur every third year. To him, it was much more appropriate to be a bargained day off, as opposed to requesting the Council to allow such holidays periodically. Councilman Roth asked what the County Board of Supervisors did in the situation. Mr. Talley answered that the County considered it and also stated they would allow employees to take time off, but they would have to use vacation or compensa- tory time. In essence, they did not approve it. Mayor Seymour stated the easiest thing for any elected body of officials to do was provide an opportunity in recognition of the holiday spirit to allow employees to have that time off. He was empathetic to that, but on the other hand, in these days of fiscal frugality that the taxpayers look to elected officials to carry out, he could not find it within himself to support the request. He was sensitive that President Carter had requested that government agencies at all levels look at the matter, but with the price tag involved he felt it was beyond their reach. ' MOTION: Councilman Seymour moved to deny the request of designating Monday, December 24, 1979, as a holiday for City employees. Councilman Overholt seconded the motion. 79-1442 City Hall, Anaheim, California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. Before a vote was taken, Councilman Overholt stated that he had spoken with Mr. Porter. He (Overholt) felt that the cost factor was the main consideration and for the Council to incur an expense in excess of $100,000 for that day was beyond all sensibility. Those who wanted to take the day off were going to have the opportunity to do so. Mr. Porter asked the Council to consider that although employees were going to be present on Monday if it was not designated a holiday, he questioned how much productive work would be accomplished. Very little would get done, and they were going to spend the money in any case. Mr. Talley stated without attempting to argue, he was certain the Council would agree if they declared a holiday, there would be zero productivity for the same amount of money. Councilman Bay stated there had been some experience with the problem in the public sector. He recalled when it came up and large corporations were approached with the same request, a few listened to their hearts as the Council would like to do today. Within a year or two later, it was not only written into the bargaining contracts, but also in some corporations the concept expanded to a week and some eight days. What he suggested, rather than putting a hard decision to the Council, Mr. Porter should be entering such things into the bargaining sessions so that they would not put the Council in a position of, in effect, giving away $100,000 of taxpayers funds. Mr. Porter stated it was an extraordinary request and he and the employees rec- ognized it as such. However, he considered it an appropriate good will gesture. A vote was taken on the foregoing motion to deny the request. MOTION CARRIED. 181: ANAHEIM COMMUNITY ENTERTAINERS (ACE): John Yench, President, requesting the use of the former Anaheim Bulletin Building located at 224 and 232 South Lemon Street. (continued from October 30, 1979, November 20 1979 and December 4, 1979). ' Councilman Roth stated it was his opinion that at the last meeting, December 4, 1979 when the matter was discussed (see minutes that date), the 224 South Lemon address w~s going to be completely eliminated from any consideration because of the roof structure, and they were only discussing the 232 South Lemon address. Deputy City Manager James Ruth stated that the investigation was only on the 232 location. Councilwoman Kaywood, referring to report dated December 11, 1979 from the Deputy City Manager (on file in the City Clerk's office) stated that she had a problem in considering a $30,000 cost to make the facility suitable for a year's time for storage and theatrical construction and $2,737 for a facility attendant for something that would be a temporary use. She could not approve it, and consi- dering fiscal constraints with which they were faced, it would be showing favoritism Mr. John Roche, Facility Maintenance Superintendent, then explained for Council- man Roth what needed to be accomplished for the $30,000 cost. He and Mr. Norm Priest, Executive Director of Community Development, then clarified further questions posed by Councilman Roth. 79-1443 City Hall, Anaheim, California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. Mr. John Yench then stated as he understood from the last meeting when the con- versation went back and forth between the 224 and 232 address, he got the im- pression from the Fire Department that if it was for the purpose of storage, the 224 address would be okey. Everything else seemed to come into play when they discussed other activities. He reiterated it was his impression that the Fire Department relented and stated it was okey to use 224, as is, for storage and set purposes, the use they intended. Garth Menges, Deputy Fire Marshal, stated that if the roof structure at 224 was declared safe by a structural engineer, it could be used for static storage. Under the present conditions, however, they recommended not using that building, as did the Building Department. Councilman Bay then explained that he went through both buildings last week, and he concluded that according to what they had heard from the Fire Department, there was no question that 224 was out of the picture and the only one they were talking about was the 232 address. He then described the condition of that structure relative to light fixtures available, doors that needed to be in- stalled to secure various storage areas if four or five different groups were utilizing the building, plumbing fixtures, doors that would need to swing to the outside, and general cleanup necessary. He then offered his suggestions as to how to correct those things that needed to be done which was mainly with volunteer work in those areas such as electrical, plumbing and cleanup. One major item however was that there were leaks in the roof and patching those could be expensive. Mayor Seymour stated, in his opinion, the whole situation had been blown out of proportion unless there was an attitude that they just did not want the type of activity offered by ACE. He questioned if staff made any attempt to take Mr. Yench to the Anaheim Bulletin building and indicate, in order to protect the health, safety and welfare of his people, what he must do, this or that specific thing, in turn, soliciting a response as to whether his group was will- ing to do that; there was an indication from staff that no attempt was made to do so. Councilman Roth asked if there was any other vacant building that had not had the fixtures removed or that had been vandalized that could be used as an alternative. Mr. Priest stated to simplify the process, they could easily check to see if there were alternative buildings. As a Council, for public purposes, they could go to those groups, but as an Agency, they could not do so. In other words, the City would be operating the facility. Mayor Seymour felt that it could be done at a very minimum expense if staff would devote itself towards that objective. He was asking staff to do what they could to find a way, the objective being to provide a simple place to store, paint and build sets. He wanted to hear what that way was in one week. Councilwoman Kaywood stated that they had in depth and long reports, and it was not a simple matter. If the building was not safe, the City would be in a position of liability. They could not risk anything like that. 79-1444 City Hall~ Ana~eim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. MOTION: Councilman Seymour moved to direct staff to work with Mr. Yench and submit a minimum cost figure to rehabiltiate the facility at 232 South Lemon for set manufacture and storage, using volunteer help from Mr. Yench's group and whatever other group which might be interested, with alternate buildings to be considered. Councilman Overholt seconded the motion. MOTION CARRIED. 108: AMERICAN GAMES EXCHANGE - REQUEST FOR WAIVER: Victor S. Eriksen, Attorney, requesting a waiver of Section 3.24.010 of the Anaheim Municipal Code in connection with the proposed development of a game center to be located at 2522 West Lincoln Avenue, which Code section requires such establishments not be located within 600 feet of a school property line. Mr. Dick McDonald, 1450 Gaywood, Brea, real estate salesman representing American Games Exchange stated that the location was slightly less than 600 feet away from a school as required by the Anaheim Municipal Code. He referred to the City Attorney's memorandum of December 13, 1979, pointing out that the Council could not legally grant such a waiver until the pertinent Section of the Code was amended. They were requesting the Council to amend that Section which would empower them to subsequently waive the distance if they should so desire. Councilman Roth stated his first impulse was that he was not interested in changing the ordinance; however, the operator of the business was a handicapped person who made the statement to him that as a handicapped person, he was trying to be of value to the community and he (1) wanted to be a useful citizen, (2) he liked to work with kids and, (3) he would regulate his hours so that they would not be in conflict with the school (Savanna). Councilman Roth continued that he hoped there was some way the request could be presented, and he understood that they would have to modify the ordinance. Councilman Overholt asked Mr. McDonald if he had discussed the matter with the administration at Savanna High School; Mr. McDonald answered that he had not done so. He explained that they did not open the supercades until the majority of the children left the schools, so that it would not lend to truancy. Councilman Overholt stated his concern was that the Council had just passed a similar ordinance designed to protect certain areas around school and other areas. They were not enacted easily, but after a great deal of struggling and a long thought process. With due respect to Mr. McDonald's client, it seemed if they were going to amend the ordinance to give the Council the power to waive distance restrictions, he personally would like to have some dialogue with the school people to see how they felt about it. Mr. McDonald stated he would be glad to approach the school--they just had not thought about doing so. Mayor Seymour suggested that they might continue the matter so that Mr. McDonald would have an opportunity to discuss the request with the School District; Council- man Overholt stated if the school went along with the request, he would have no objection. 79-1445 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. Councilman Roth moved to continue consideration of the subject request for one week to give Mr. McDonald an opportunity to discuss with and obtain concurrence from the School District that they had no objection to the requested waiver. Councilman Overholt seconded the motion. MOTION CARRIED. Later in the meeting, Councilman Roth suggested that the Council consider sending a letter to the Savanna High School Principal regarding the matter as he felt an official communication from the City would be a good idea. 173: REQUEST FOR REMOVAL OF BUS BENCHES FROM BUS SHELTER LOCATIONS: Mr. Bruce G. Williams, President, Convenience and Safety Corporation, requesting removal of certain bus benches, pursuant to Chapter 4.05 of the Anaheim Municipal Code; approving the installation of an additional 24 shelter units; that shelter units be charged for electrical service on a "flat rate" basis. Mayor Seymour first asked if anyone wished to speak to the subject. Mr. Kenneth Kosoff, Licensing Director, Coast United Advertising, dba Bench Ads Company, 4943 East Slauson, Maywood, read from a prepared statement, the highlights of which were as follows: for many years, Bench Ads had provided Anaheim with numerous bus benches on the public right-of-way. Presently, they had approximately 600 benches within the City, owned and maintained by their company. Many of the benches were blank carrying no advertisements, and they also maintained many public service messages on their benches. ~heir concern, as far as removal of bus benches at the sites where bus shelters were proposed, was that in order to maintain their blank benches and community service benches they relied on the advertising on those benches that did carry advertising. It would be difficult in dealing with clients to explain to them why they were forced to remove the benches prior to the expiration of their contract. Should the City Council decide that they should remove the benches at any and every location at which shelters were to be placed, they would gladly do so. They wanted the Council to consider, however, that their advertisers were local merchants such as real estate agents, beauty shops, restaurants, etc., as well as many others who conducted business in Anaheim exclusively. They did not advertise tobacco or alcohol, and they could not compete for the spaces on the bus shelters because the cost of those ads was so prohibitive. Generally their benches cost approximately $16 per month per bench, whereas to advertise on one side of the bus shelter was at least 10 times that amount. Mr. Kosoff asked if the Council should decide to have the benches removed, that they allow Bench Ads to remove them at the time their advertising contracts expired. He also asked consideration in those areas where bus stops were heavily used. The Convenience and Safety shelter contained one bench approximately six feet seven inches, whereas their benches were seven feet long and could accommodate more people sitting down, especially if two benches were available. Traffic Engineer Paul Singer stated that they had not made any recommendation, but were saying that if the benches were to be removed, that they be removed on April 1 which was the anniversary date for all renewals of licenses on the benches. Mr. Kosoff then explained for Councilman Roth that some of the contracts for advertising did run beyond the April 1 relicensing renewal date. Many of the benches had been locations in the City for many years, and they assumed that they would remain at those locations. 79-1446 City Hall, Anaheim~ California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. Councilman Roth asked Mr. Williams if approval was given on an additional amount of shelters, what the time span for completion would be. Mr. Bruce Williams, President, Convenience and Safety, stated with the approval of the Council on the second 25 shelters, they would proceed with the manufac- ture now so that on the day the City wanted them installed, it would take approx- imately 30 days from that time. Mr. Kosoff asked if the bus shelter program was in the experimental stages or if the program had been approved on a permanent basis. Mr. Singer stated that the City had entered into a franchise agreement with Convenience and Safety to build shelters for the City in increments of 25 units. Mayor Seymour asked Mr. Kosoff what benefit would accrue to his company or their advertisers in the event the City were to postpone the April 1 renewal date. Mr. Kosoff answered that they would not be legally liable as a result of the inability to execute that contract in toto. Mayor Seymour asked for clarification that Mr. Kosoff was saying that they extended contracts beyond what they legally could do; Mr. Kosoff stated that was correct based upon the fact that many benches were in certain locations for many years. Councilman Overholt first stated that Mr. Kosoff should make himself intimately familiar with the bus shelter plan for the City. He then asked if a particular bus shelter location necessarily precluded the location of a bus bench in the vicinity. He was wondering if there were circumstances where the bus shelter company would not require the removal of a bus bench in the area. Mr. Williams stated that was an aesthetic rather than a practical situation. If a single bench was not adequate, they would frequently add another bench to the unit outside the shelter itself. City Engineer William Devitt stated that in some instances, the additional street furniture was offensive to the private property owner. Mayor Seymour then stated he did not have a great deal of empathy for a business- man who committed himself beyond the period of time in which he had legal authority to do so although he could appreciate that Bench Ads assumed the situation would go on forever. Also, if their company had such an investment in the City (1) they should be aware of the dramatic changes taking place in their own industry and, (2) with that much business in Anaheim, someone was not paying too much attention if that was the first they heard of the newly initiated bus shelter program. It had been announced in the media for quite some time. He felt they were best served by being straightforward and Bench Ads should be straight- forward with their advertising clientele and tell them what happened. MOTION: Councilman Seymour~moved to approve removal of certain bus benches, pursuant to Chapter 4.05 of the Anaheim Municipal Code, as recommended in memor- andum dated December 13, 1979 from the City Engineer. Councilwoman Kaywood seconded the motion. 79-1447 City Hall, Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. Before a vote was taken, Councilman Bay stated out of the 600 Bench Ad benches, there was no way for them to Judge what the impact may or may not be to their operation. He had been hearing about bus shelters for Anaheim for two years or more, and he could not understand how Bench Ads was not aware of the program. If they could move their benches around spots that were not going to have bus shelters their problem may be minimal. Thus, he was going to support the motion. A vote was taken on the foregoing motion. MOTION CARRIED. Relative to the Convenience and Safety request for approval of an additional 25 shelter units, Mr. Kosoff stated as a practical matter, they were going to be opposed to the placement of any of the 200 shelters proposed, except they could understand trial programs. There was no doubt that every city that had an experimental program did decide to expand that and based upon discussions with City officials in other cities, the other three companies competing with Convenience and Safety did not have the slightest chance because C&S was the best company. Mr. Kosoff then broached the design aspect of the C&S shelter and offered his suggestions relative to possible design alternatives. As a recommendation for the future, if protecting people from the elements was their concern, the Traffic Engineer should consider having the shelters extended on both sides so that people would be protected. Mr. Singer stated that the design had been chosen from an array of various available shelters and final shelter development from the Planning Department. It met all the design criteria the Council wished to be incorporated, and it provided adequate protection from the elements. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, installation of an additional 25 shelter units by Convenience and Safety was approved, as recommended in memorandum dated December 11, 1979 from the City Engineer. MOTION CARRIED. MOTION: Councilman Seymour moved that the shelter units be charged for electrical service on a "flat rate" basis. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood stated that after reading the report from the Public Utilities General Manager of December 13, 1979, she had changed her mind relative to charging on a "flat rate" basis. She then asked staff if they took the longest day of the year with the highest possible wattage (December 21) if that amount was then doubled, would that satisfy the utilities problem. Mr. Ed Alario, Assistant General Manager of Public Utilities, stated he did not think it was basically the question that some of the energy might not get paid for, but that they would not be able to record the usage, and there could be other things as well. One of the main problems was that the "flat rate" billing would be setting a precedent which would undoubtedly be followed by other such requests and subsequently they would not be able to measure a large part of their usage accurately. That was one of the biggest concerns and the person to be asking would be the City Engineer relative to a "flat rate" charge on traffic signals. Councilman Roth did not agree with the idea of precedent se~ing. He was trying to conserve all the materials, manpower and postage that would be involved in sending out 200 separate bills. 79-1448 City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. Mr. Alario then clarified that they would not lose money in the suggested method of billing; Mayor Seymour asked if they might even make a couple of dollars. Mr. Alario answered they would do all they could to build everything into that method of charging. City Manager Talley stated illegal attachments were of concern to the Utilities. They would be allowing "flat rate" billing adjacent to energy consuming activi- ties and if anybody hooked into those, the Utilities had no way of knowing about illegal connections. Almost every bus shelter was sitting next to a gas station. The Mayor suggested that they send a meter reader out only half as often as they would if a meter were installed, so that the reader could check to see that nobody was illegally plugging in. Mr. Talley stated that the Public Utilities General Manager was adamant in his wishes that "flat rate" precedents not be established, first of all because of illegal attachments. They were continually being berated by State and Federal agencies to make certain that all of the connected load was measured. He did not think the 25 units were going to be any problem, but 200 or 500 might be a more significant problem. Billing presented no problem. If Mr. Williams was going to insist on the "flat rate", they would go along with that request if the Council wished. He felt personally that Mr. Williams was asking for something requiring a little more effort and minor expense going in. However, the cost was all on the City and the Utilities Department wanted that cost to protect its operation. They were not asking him to do more than install a minor capital expenditure to start with. Mmyor Seymour stated he did not think it was a question of what Mr. Williams wanted, but a question of the principle of waste by putting the meters in, reading them, and sending out 200 bills. He considered it to be bureaucratic overkill, and they were going to make more money under the "flat rate" system than they would with individual meters. Councilman Bay noted that staff communications on the matter implied that there would need to be a revamping of the whole billing system if the "flat rate" procedure was allowed on bus shelters. City Manager Talley stated they were making an exception in this case, and he was positive they were not going to redo the billing system for Convenience and Safety. That did not, however, remove the argument that they could not "flat rate" almost anything. Councilman Bay then commented that it would be difficult to intercept utility services because usually they were buried under a hard surface approximately three feet in the ground with steel conduits in an entirely sealed system. A vote was taken on the foregoing motion. Councilwoman Kaywood voted "no". MOTION CARRIED. RECESS: By general consent the Council recessed for 10 mintues. (3:35 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:45 P.M.) 79-1449 City Hall.~ Anaheim, California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. 130: PUBLIC HEARING - CATV FRANCHISE: To consider the adoption of an Ordinance granting the nonexclusive right, privilege and Franchise to Storer Cable TV to lay and use lines, wires, coaxial coable and appurtenances for transmi~tin~ re- ceiving, distributing and supplying radio, television and other cable communi- cation services to the City of Anaheim. Mr. James Armstrong, Assistant to the City Manager, briefed the Council on his extensive report dated November 13, 1979 (on file in the City Clerk's office) relative to the subject. Councilman Roth asked the timefr~L~e for installation and completion of the CATV system; Mr. Armstrong answered that the entire City would be served in 36 months. Councilman Roth noted that, "...Storer has agreed to maintain all basic service rates and charges at the same level stated in their proposal for three (3) years from the effective date of the ordinance, or until the entire system construction is completed, whichever period is longer." He stated it was possible the system would not be completed within the three-year period, and he expressed his concern that there was not much protection for those residents who would not be online until the end of the installation period. He was supportive of the franchise, but had fears relative to some correspondence that had crossed his desk where problems had occurred in other cities regarding an increase in fees. Mayor Seymour then noted that the President of California State University at Fullerton, was present. President Don Shields, Cal State University at Fullerton, stated that he was pleased to be present and indicated their strong support for the very unique joint venture between a private firm, public agency and educational institu- tion providing both a public access channel for the citizens of Anaheim in the interconnect system, as well as a college/university access channel, not only for Cal State, but also other universities and colleges in the area. It was becoming more and more difficult for any one entity in today's world with today's budgets to do such things independently. They had some very productive dis- cussions with Storer, and they felt very strongly that there were minimum problems to be worked out. They were most appreciative of the atmosphere of cooperation they had experienced with Storer, as well as members of the City staff. They were also very excited about joining the City in this unique joint venture. Councilman Roth thanked President Shields for the use of Dr. Ron Dyas assisting the City with the CATV Franchise; President Shields stated they were delighted with Dr. Dyas' commitment to public service, and he was also a very fine faculty member at Cal State Fullerton. The Mayor asked if anyone wished to speak to the CATV Franchise. Dr. Ron Dyas stated in answer to Councilman Roth's question about the rate increase, in the Ordinance, Section 31, addressed the rate increase, and there was a formula that had been devised whereby the franchisee must request an increase from the Council, which he explained. 79-1450 .CitM Hall,. Anaheim, California - COUNCIL MINUTES - December 182 1979~ 1:30 P.M. Dr. Dyas then relayed the historical background to the proposed CATV Franchise Ordinance, It was apparent that the proposed ordinance represented the best of what was available and Anaheim would be the leader and model for the Nation. He then explained what could be expected of the system and its many advantages. In concluding, he advised that they had brought forth one of the best, most complete and well thought out ordinances in the country. Dr. Dyas then acknowledged the considerable contributions to the whole program made by Jim Armstrong, without whose efforts the ordinance might still be lingering in the shadows, The City should acknowledge Mr. Armstrong's contribution. He also thanked the Council for the faith they expressed in him. The Council thanked Dr. Dyas for his invaluable assistance and expressed their awareness of Mr. Armstrong's contributions of which they were very proud. Councilwoman Kmywood applauded Dr. Dyas' patience for not selecting the first thing that came along, especially since he was a resident of the canyon area where TV reception was poor. She then asked for a point of clarification relative to Section 4 of the documentation presented--Access Channels, Facilities and Administration. She wanted to know if anyone screened a message prior to its transmittal on the access channel. Dr. Dyas explained that according to FCC regulations, they could not prevent anyone from having access to that channel. It was the responsibility of the cable system to screen all messages, but according to law, they could not censor those messages. The Mayor again asked if anyone else wished to speak to the matter. Mr. Frederick E. Nollenberger, ATC-American Television and Communications Corpor- ation, Administative Assistant to the Western Regional member of ATC, 1703 Summertime Drive, E1 CaJon, stated he was certain the Council was aware of their position concerning the Franchise proposal they submitted. They believed that their billing rate schedule was superior. They also had public access, inter- action and interconnect and affiliation with colleges and universities for many years. He was convinced the ATC proposal for a CATV system in Anaheim to be the best, and they were capable of providing the best system because they had the experience, knowledge and financial capability necessary. Should the Council feel there was any reason to change their mind, or to vote otherwise, they were ready to build the CATV system they proposed earlier. There being no further persons who wished to speak, the Mayor closed the public hearing. ORDINANCE NO. 4087: Councilwoman Kaywood offered Ordinance No. 4087 for first reading. ORDINANCE NO. 4087: AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING THE NONEXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, RECEIVING, DISTRIBUTING AND SUPPLYING RADIO, TELEVISION AND OTHER CABLE COMMUNICATION SERVICES ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN SAID CITY OF ANAHEIM. 79-1451 C~ity Ha.!l~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. Councilman Roth stated even though they received fine coverage from the press, it might be in order to submit a news release to the News Times in the Canyon so that the citizens, especially in that area, would be advised of the great progress that had been made towards bringing Cable TV to fruition. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 79-80-I1~ CONDITIONAL USE PERMIT NO. 2023 AND NEGATIVE DECLARATION: Application by Anaheim Memorial Hospital Association, for a change in zone from RS-7200 to CO, to expand an existing hospital parking lot on property located on the north and west side of Hermosa Drive, north of La Palma Avenue, Portion A; and on property located at the northeast corner of La Palma Avenue and Hermosa Drive, Portion B. The City Planning Commission, pursuant to Resolution No. PC79-190, declared the subject property exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act, and further denied Reclassification No. 79-80-11. Mayor Seymour stated the Council was totally informed about the project and they were mainly interested in the progress the hospital had been able to make specifically with the Assistance League and any other property owners that were affected. Mr. Dan L. Rowland, Dan L. Rowland & Associates, 1000 West La Palma, stated that four 'properties were involved as follows: 1101 Hermosa, the Assistance League of Anaheim--they had agreed to sell and escrow opened today, December 18, 1979. 1107 Hermosa, Mr. Neilander--they had a letter indicating he was not interested in selling. He (Rowland) had worked out an agreement between Mr. Neilander and the Hospital for a circular driveway which the Hospital would install at the Hospital's expense. 1149 La Palma, Miss Henderson--she was contacted and the project was discussed with her by the Hospital legal counsel. She indicated to him she was not inter- ested at this time. She was to send a letter to that effect, but had not done so as of this date. 1125 La Palma, Mrs. Beese--had sent a letter indicating she was not interested in moving. Mr. Rowland stated that everyone on the list had been contacted and the matter resolved to the extent articulated. Councilwoman Kaywood asked on the last two residents if they had any agreement with the Hospital to make their homes more livable. Mr. Rowland stated they had done some physical things with setbacks landscaping and block walls. ' Councilman Roth Stated he thought the Assistance League was the serious problem from the testimony received at the November 20, 1979 meeting (see minutes that date) and now that that had been resolved, it alleviated the foremost concern of the Council. 79-1452 City Ha.ll.., Anaheim,. California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. Councilman Bay noted that two residents on La Palma were present at the last hearing and offered no opposition. The question was relative to the Assistance League and Mr. Nielander's property and apparently both problems had now been resolved. There being no further persons who wished to speak either in favor or in opposition, the Mayor closed the public hearing. 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 since the Anaheim General Plan designates the subject property for commercial professional and medium and low density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no sig- nificant individual or cumulative adverse environmental impacts and is, there- fore, exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-743 for adoption, approving Reclass- ification No. 79-80-11 and reversing the findings of the City Planning Commission, subject to the following Interdepartmental Committee recommendations: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along La Palma Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along La Palma Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as re- quired by the City Engineer and in accordance with standard plans and spec- ifications on file in the Office of the City Engineer; that street lighting facilities along La Palma Avenue shall be installed as required by the Office of Utilities General Manager and in accordance with specifications on file in the Office of the Office of Utilities General Manager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements prior to occupancy. 3. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along La Palma Avenue. 4. That existing fire hydrants shall be kept operable until all existing struc- tures are removed. 5. That a deposit, as determined by the Water Engineering Division, shall be deposited with the City of Anaheim to cover the cost of abandoning the water main in Hermosa Drive. 6. That the owner shall request and obtain approval from the City for aban- donment of Hermosa Drive in front of subject property. 7. Prior to the introduction of an ordinance rezoning subject property Condition Nos. 1, 2, 3, 5 and 6, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date hereof, or such further time as the Planning Commission may grant. 79-1453 city Hall, Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-743: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE REALTING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. 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-743 duly passed and adopted. Councilman Roth offered Resolution No. 79R-744 for adoption, granting Conditional Use Permit No. 2023, subject to the following Interdepartmental Committee rec- ommendations: t. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 79-80-11, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 3. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. RESOLUTION NO. 79R-744: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2023. 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-744 duly passed and adopted. CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 61-62-76: Application by Dr. Gary K. Grossbard, to consider deletion of Condition Nos. 5 and 6 of Resolution No. 62R-223, granting Reclassification No. 61-62-76, CL zoned property located at 1237-1325 South Euclid Street. (public hearing continued from November 27, 1979) Miss Santalahti stated she had talked to Dr. Grossbard. The advertisement they sent out on the hearing was on his business address, rather than the vacant parcel of property in question. Thus, it had been readvertised for a hearing on December 26, 1979. On motion by Councilman Overholt, seconded by Councilman Roth, the subject public hearing was continued to December 26, 1979, at 3:00 p.m. MOTION CARRIED. Councilman Bay asked to have more information from staff in,order to clarify exactly what Condition Nos. 5 and 6 entailed and whether the petitioner was planning to go two stories or not; Miss Santalahti stated she was going to have a meeting with Dr. Grossbard to discuss exactly what he was requesting in his letter. 79-1454 City Ha.ll, Anaheim, California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, 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 or allowed: a. Claim submitted by Pacific Telephone for damages to underground facilities purportedly sustained as a result of storm drain work at the corner of Lincoln Avenue and Anaheim Boulevard, on or about August 22, 1979. The following claim was allowed: b. Claim submitted by Jack H. Dick, General Manager, Anaheim Cabinet and Fixture Company, for damages purportedly sustained as a result of actions by workmen installing new power line to business, July 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Citizen Advisory Committee--Minutes of October 30, 1979. b. 175: Public Utilities Department, Utilities Field Division--Monthly Report for October 1979. c. 105: Con~nunity Center Authority--Minutes of November 19, 1979. d. 156: Police Department--Monthly Report for November 1979. e. 105: Anaheim Youth Commission--Minutes of October 10, 1979. f. 105: Anaheim Youth Commission--Minutes of November 14, 1979. g. 105: Public Utilities Board--Minutes of November 15, 1979. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-745 through 79R-747, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 79R-745: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (LaMar C. Wyatt, et ux.; Dean Marvin Smith, et ux.; CFI Memories, Inc.; Richard Hyde, et al.; The Warmington Group; Ivy K. Ong, et al.; Gordon L. Hodge; Texaco Anaheim Hills, Inc.; and Winston, Ltd.) 164: RESOLUTION NO. 79R-746: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: HILLVIEW SERVICE REPLACEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 51-605-6329-20980-34520. 79-1455 City. Hall, .Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-747~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1235 AND DECLARING RESOLUTION NO. 71R-240 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 79R-745 through 79R-747 both inclusive duly passed and adopted. ' ' 156: ORDINANCE NO. 4085: Councilman Bay offered Ordinance No. 4085 for adoption. Refer to Ordinance Book. ' ORDINANCE NO. 4085: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.30, SECTION 4.30.010 OF THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW SUBSECTION .040 PERTAINING TO IDENTIFICATION REQUIREMENTS. 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. 4085 duly passed and adopted. 108: ORDINANCE NO. 4086: Councilwoman Kaywood offered Ordinance No. 4086 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4086: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 4.97 RELATING TO BUSINESS REGULATIONS (DANCE STUDIO AND SOCIAL STUDIO ESTABLISHMENTS). 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. 4086 duly passed and adopted. 108: ORDINANCE NO. 4088: Councilman Overholt offered Ordinance No. 4088 for first reading. ORDINANCE NO. 4088: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.34.050, 7.34.150, 7.34.170 AND 7.34.210 OF CHAPTER 7.34, TITLE 7, OF THE ANAHEIM MUNICIPAL CODE RELATING TO BINGO GAMES. Councilman Roth stated he was supportive of the Ordinance with the exception of Section 4, "Bingo Games Conducted Only On Licensee's Property." He would be forced to vote "no" next week when the ordinance would have its final reading unless that were excluded. 79-1456 city Hall, Anaheim, California - COUNCIL MINUTES - December 18, 1979~ 1:30 P.M. City Attorney Hopkins stated it would be necessary to revise the ordinance and make a separate amendment for the existing Section 4. Mayor Seymour stated the easiest way would be for Councilman Roth to explain himself publicly, and it would be so recorded, rather than to amend the ordinance. 114: REPORT ON VARIOUS ACTIVITIES - COUNCILMAN OVERHOLT: Councilman Overholt reported on the following: (1) his attendance at the dedication of a new chapel of Temple Beth Emet on Sunday, December 16, 1979, (2) Status of the proposed Marine Studies Institute at Dana Point where that morning the Water Supervisor's voted 4-0, approving the allocation of an additional $145,000 out of Tidelands Funds as a loan against another fund they believed could be acquired to enable commencement of construction of the Institute which would further enrich the lives of all in Orange County. 114: CALIFORNIA DREAMS LUNCHEON: Councilwoman Kaywood reported on her attendance at the Luncheon of the California Dreams women's basketball team, Thursday, December 13, 1979 and their first game held at the Convention Center on Saturday, December 15, 1979. 102: BARKING DOG COMPLAINTS: Councilwoman Kaywood referred to the subject which she previously broached at the meeting of December 4, 1979 (see minutes that date). After reviewing the complaint form supplied by the County, it was ascertained that there would not be a great deal of difficulty in filling it out. Thus, with the Council's permission, she requested that those forms be made available to Anaheim citizens in the City Attorney and City Clerk's office, thereby eliminating the necessity for City residents to travel to Santa Ana to pick up a form. 127: CAMPAIGN LIMITATIONS: Mayor Seymour referred to a request submitted by Mr. Louis Dexter to address the Council on the subject and asked the City Clerk if she wanted Council direction, or if Mr. Dexter had been scheduled for a forthcoming meeting. City Clerk Roberts stated that she believed Mr. Dexter was asking to be heard on January 8, 1980. Councilwoman Kaywood stated that another request on the same matter was scheduled 'for January 15 and she questioned whether they should consider them together; Councilman Bay stated that the Council did not indicate they were going to do anything on January 15 relative to campaign limitations. Mayor Seymour stated he did not think it was the intent of the Council to change the rules of the game on the upcoming election and, therefore, asked that Mr. Dexter be scheduled to be heard on January 8, 1980. RECESS - EXECUTIVE SESSION: Councilman Bay moved to recess into Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:30 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:25 P.M.) 79-1457 .City Hall~ Anaheim~ California - COUNCIL MINUTES - December 18~ 1979~ 1:30 P.M. 112: IPCO HOSPITAL SUPPLY CORP. VS. CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Bay, the City Attorney was authorized to settle North Orange County Municipal Court Case No. A23160 (Ipco Hospital Supply Corp. vs. City of Anaheim) for a sum not to exceed $4,500.00. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn to 10:00 a.m., Wednesday, December 26, 1979. Councilman Overholt seconded the motion. MOTION CARRIED. Adjourned: 5:26 P.M. LINDA D. ROBERTS, CITY CLERK