1979/12/2679-1458
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
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: Gordon Hoyt
CITY ENGINEER: William Devitt
BENEFITS & TRAINING MANAGER: Tom Tyre
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
DEPUTY CITY MANAGER: James Ruth
STADIUM, CONVENTION CENTER & GOLF COURSE MANAGER: Tom Liegler
Mayor Seymour called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the
Invocation.
FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance
to the Flag.
119/1~4: HONORARY CITIZENSHIP - MAYOR WADA OF MITO, JAPAN: On motion by Council-
man Seymour,-seconded by Councilman Overholt, the City Council authorized an
award of hon0rary citizenship to be gived to Mayor Wada of Mito, Japan, to be
presented'December 30, 1979 by Mayor John Seymour. MOTION CARRIED.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the'reading, in full, of all ordinances and resolutions and that consent
to the waiver of reading is hereby given by all Council Members unless, after
reading of the title, specific request is made by a Council Member for the read-
ing of such ordinance or resolution. Councilman Bay seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,317,317.30, in accordance
with 'the 1979-80 Budget, were approved.
CiTY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: In accordance with the
re~orts and recommendations submitted by the various City departments, Council-
man Bay offered Resolution Nos. 79R-748 through 79R-753, both inclusive, for
adoption. Refer to Resolution Book.
158/174: RESOLUTION NO. 79R-748: 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. (CDBG Program, Lot 12,
Gresswell Subdivision)
140/174: RESOLUTION.NO. 79R-749: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF FEDERAL FUNDS PURSUANT
TO THE L~BRARY SERVICES AND CONSTRUCTION ACT; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS THEREFOR.
79-1459
City Hall~ .Anaheim.,. California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M..
123: RESOLUTION NO. 79R-750: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO AGREEMENT WITH YORBA LINDA LIBRARY DISTRICT
RE THE LOAN OF A FILE INSPECTION MACHINE AND AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE SAID AMENDMENT.
169: RESOLUTION NO. 79R-751: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND ~
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: INSTALLATION AND REPLACEMENT OF INCANDESCENT STREET LIGHTING
LUMINARIES-HUD AREA IV, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-671-6328-37300.
(Smith Electric~Supply, $42,744)
150: RESOLUTION NO. 79R-752: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: LINCOLN PLAZA PARK, IN THE CITY OF ANAHEIM, ~ACCOUNT NO.
25-803-7103-80308. (Hondo Company, Inc., $44,246, subject to HUD approval)
123: RESOLUTION NO. 79R-753: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO PERMIT AGREEMENT
BETWEEN THE CITY OF ANAHEIM AND OKEH CATERERS AND AUTHORIZING 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 Nos. 79R-748 through 79R-753, both inclusive,
duly passed and adopted.
150: AWARD OF CONTRACT - PEARSON PARK HANDBALL COURTS: Account No. 25-807-7107.
Recommendation of the City Engineer was submitted that this contract be awarded
to Hondo Company, Inc., as the lowest bidder.
This item was removed from the foregoing Consent Calendar and Mr. Talley reported
that a communication was received from James Roberts of the Leonard South~ Company
requesting that the City look into the possibility that this job requires an "A"
license. Staff reports that they have checked with the State LiCensing Board
this date and there is no prob]em with the Hondo Company performing this par-
ticular job with a "B" license. Mr. Talley advised that staff continues to
recommend award of the contract to the Hondo Company.
Mayor Seymour asked if anyone was present and wished to address the Council
regarding this item. There was no response.
Councilwoman Kaywood offered Resolution No. 79R-754 for adoption. Refer to
Resolution Bo.ok.
79~1460
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
RESOLUTION NO. 79R-754: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS
AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND
WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING
PUBLIC IMPROVEMENT: PEARSON PARK HANDBALL COURTS, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 25-807-7107. (Hondo Company, Inc., $32,157)
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-754 duly passed and adopted.
153: COMPLIANCE WITH AGE DISCRIMINATION IN EMPLOYMENT ACT: Recommendation from
the Human Resources Director that the Council approve an administrative procedure
to reimburse the monthly premium cost for Part "B" Medicare paid by active em-
ployees, effective January !, 1979, to bring the City into compliance with the
Federal Age Discrimination in Employment Act of 1978, was presented for Council
consideration.
Councilman Bay questioned the intent of the procedure and was advised by Mr.
Tom Tyre that this relates to the coordination of benefits prevalent in the
insurance industry for some years, as well as to the requirement under prepaid
medical plans that those individuals over 65 assign their benefits directly to
the prepaid plan. He explained that these conditions have been present for
some time and constitute a situation whereby the active employee over age 65
is paying more for his insurance than an active employee under age 65, and
this is considered to be discriminatory on the part of the employer. The
Federal Government gave employers two alternatives as to how to rectify this
situation: (1) to conduct actuarial analysis of each plan to determine whether
the cost of benefits provided those over age 65 are worth the additional $8; or
(2) to pick up the extra cost. Mr. Tyre advised that Alternative NO. t would
be very impractical as conditions change very year and these actuarial analyses.
would have to be rerun each time.
Councilman Bay stressed his point was that if the City is picking up the tab
for the difference in premiums, then why aren't the premiums assigned to the
City rather than the insurance companies.
Mr. Talley advised that this is due to the prior agreements already entered into
by the City, but that this could be altered during the next negotiations with the
insurance carriers.
At the conclusion of discussion, on motion by Councilman Overholt, seconded by
Councilman Roth, the City Council approved the administrative procedure to
reimburse monthly premium costs for Part ~'B" Medicare p~id b~ active employees,
effective January 1, 1979, to bring the City into compliance with the Federal
Age Discrimination in Employment Act of 1978. MOTION CARRIED.
79-1461
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
156: AUCTION OF UNCLAIMED PROPERTY: In accordance with the recommendation of
the-Chief of Police, Councilman Roth offered Resolution No. 79R-755 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 79R-755: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON
JANUARY 12, 1980.
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-755 duly passed and adopted.
MOTION: On motion by Councilman Roth, seconded by councilwoman KayWood, the
City Clerk was directed to publish a notice of intention to transfer unclaimed
property to the Purchasing Division for City use. MOTION CARRIED.
123: LETTER AGREEMENT - PR%CE WATERHOUSE - WORK ASSOCIATED WITH $8 MILLION
WATER REVENUE BOND ISSUE: As recommended by the Public Utilities General
Manager, Councilman Overholt moved that the City Council approve a letter
agreement with Price Waterhouse & Company in an amount not to exceed $5,500
to perform certain work in connection with the proposed $8,000,000 Water Revenue
Bond Issue, and authorizing the Public Utilities General Manager to sign said
letter agreement. Councilman Bay seconded the motion. MOTION CARRIED.
149: SETTING PUBLIC HEARING - P~JtKING METER REPLACEMENT ON LINCOLN AVENUE BETWEEN
ANAHEIM BOULEVARD AND MELROSE STREET: In accordance with therecommendation
submitted by.the Engineering Division and Public Works Department, Councilwoman
Kaywood moved that the City Council set a public hearing to discuss the need
for parking meter replacement on Lincoln Avenue between Anaheim Boulevard and
Melrose Street on January 15, 1980 at 3:00 p.m. Councilman Overholt seconded
the motion. MOTION CARRIED.
149: REPORT oN TRAFFIC ACTIVITY AT 1855 SOUTH WEST STREET: On motiOn by Council-
woman Kaywood, seconded by Councilman Bay, the report prepared by Public Works/
Engineering Division regarding the monitoring of traffic activity and neighbor-
hood opinion after the removal of the "No Parking" sign in front of 1855 South
West Street, was ordered received and filed. MOTION CARRIED.
155: CERTIFICATION OF EIR NO. 233 - WIDENING OF ANAHEIM BOULEVARD BETWEEN
BROADWAY AND CERRITOS AVENUES: In accordance with the report submitted by
the Engineering Division/Public Works Department, on motion by Councilman
Overholt, seconded by Councilman Roth, the City Council determined that EIR
No. 233 for the widening of Anaheim Boulevard between Broadway and Cerritos
Avenue, having been considered by the City Council and evidence both written
and oral having been presented to supplement draft EIR No. 233, finds that (a)
potential environmental impacts of the project may be reduced to an insigni-
ficant level'by conformance with City plans, policies and ordinances; (b) that
EIR No. 233 is in compliance with the California Environmental Quality Act and
with City and State EIR guidelines and therefore based on such information, the
Anaheim City CounciI certify's EIR No. 233. MOTION CARRIED.
79-1462
City Hall, Anaheim, California - COUNCIL MINUTES - December .26, 1979, 1:30 P.M.
144: 1980-81 ARTERIAL HIGHWAY FINANCING PROGRAM: As recommended by the Engineering
Division/Public Works Department, Councilman Bay offered Resolution No. 79R-756
for adoption, requesting the County to include the following highway improvement
projects in the 1980-81 Arterial Highway Financing Program: Anaheim Boulevard,
Broadway to Ball Road; Serrano Avenue, Nohl Ranch Road to 1600 feet westerly;
and, Lincoln Avenue, Harbor Boulevard to Santa Ana Freeway~ Refer to Resolution
Book.
RESOLUTION NO. 79R-756: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIG~AY FINANCING
PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS. (1980-81)
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-756 duly passed and adopted.
123/101: OPERATIONS AGREEMENT - LOS ANGELES RAMS FOOTBALL CoMpANy: Mr. Talley
briefed the Council on the report submitted under date of December 24, 1979 (on
file in the office of the City Clerk) which culminates many months of effort
and thousands of manhours spent on the part of City staff and Rams representa-
tives in negotiating a 35-year term Operations Agreement.
Mr. Talley explained that the proposed operations agreement successfully meets
the objectives set for the negotiating team: (1) to reach a settlement that
would produce the greatest possible return to the City; (2) to close the open-end
condition in the Exhibition Agreement; (3) to provide a clear understanding on
the sale and licensing of the bOx suites; (4) to settle the location of the pass
box, which necessitated the construction of an elevator to the box; (5) to
reach a configuration of box suite locations and seating arrangements satisfactory
to both the Rams and the Angels; and (6) to provide a means by which the Rams could
meet a cash flow condition relating to an underestimated amount of $500,000 for
the completion of the Rams Headquarters and training facilities at Low School.
Mr. Talley explained in detail how each of the above objectives was met through
provisions in the Operations Agreement. He stressed that the agreement brought
before Council this date was estimated to represent an annual fiscal impact of
$829,620 which is $650,970 more per year than was anticipated at the onset of
negotiations.
Mr. Talley recalled that Council's commitment to the citizens of the City of
Anaheim was that this venture would not cost them one penny. At that time it
was estimated that revenues would accrue at least in the amount of $2,600,000,
which was the cost of the bonds. He pointed out (as shown on Exhibit "C"
attached to his report of December 24, 1979) that the cash flow analysis of
dollars to be gained by the City from the Rams Exhibition and Operations Agree-
ments during the first 10 years would total $32,509,700, whereas the cost to the
City for bond payments, principal and interest will be $25.8 million. The City
will therefore accrue a balance over expenses in this 10-year period of $8.7
million. In addition to this, according to the Finance Director, the anticipated
cash flow invested at 9% interest would generate another $1,238,000 in interest
earnings. Any inflation which occurs would increase the City's revenues while
79-1463
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
bond principal and interest payments remain fixed. Therefore, based on these
calculations, Mr. Talley stated that it is with good assurance that the Council
has met their obligation to the citizens of the City of Anaheim, as this agree-
ment already shows, it will be far more beneficial than was first estimated.
Mr. Talley summarized the remainder of the Operations Agreement provisions as
incorporated into his written report. At the conclusion of this, Mr. Talley
publicly acknowledged the contributions of the negotiating team, in particular
those of Mr. Tom Liegler, Convention Center, Stadium and Golf Course General
Manager, Mr. Jim Dooley, Operations Manager, Mr. Frank Lowry, Assistant City
Attorney, and Mr. Bill Hopkins, Assistant City Manager, who worked very closely
with the Rams representatives Jack Teale and Mike Harahan. He thanked the Mayor
and City Council for their direction and support throughout the negotiating
period.
Mr. Talley advised that staff was present to answer questions; there being none,
he indicated that it was with a great sense of pride and accomplishment that
he could recommend to the Council approval of the proposed Operations Agreement.
Mayor Seymour Concurred that this was truly an outstanding job done by Mr. Talley
and the City Task Force. He clarified for the record that before the City
Council bonded the Stadium and began construction on the expansion,
the Operations Agreement itself was not complete. At the time the Exhibition
Agreement was signed, there was an understanding between the parties as to the
general parameters under which they would be negotiating both the scoreboard
and Operations Agreements.
Mayor Seymour recalled that two years ago negotiations seriously began
for the Rams move to Anaheim. The first challenge to the City was the belief
on the part of some that the idea was absurd, and then that the only way the
Rams would come would be through some giveaway on the part of the City. It
was at that time that the City Council gave assurance to their constituents
that the Council would not enter into an agreement for the move if it would
mean any expenditures on the part of the taxpayers. Now, when the Council is
about to conclude the Operations Agreement, there is every indication that this
venture will exceed their finest expectations. He thanked Bill Hopkins,
Assistant City. Manager, and the City Task Force for an extremely well done job.
Mayor Seymour offered Resolution No. 79R-757 for adoption. Refer to Resolution
Book.
RESOLUTION NO.. 79R-757: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN OPERATIONS AGREEMENT WITH THE LOS ANGELES RAMS FOOTBAL~ COM]~ANY
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-757 duly passed and adopted.
79-1464
~ity Hal~, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
112: ORANGE COUNTY SUPERIOR COURT CASE NO. 27-93-94, TOPOLNAK VS. CITY OF
~ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Bay, the
City Council approved a settlement in Orange County Superior Court Case No.
27-93-94, Topolnak vs. City of Anaheim, State Farm--Teegarden vs. Topolnak,
in an amount not to exceed $1,250, as recommended by the City Attorney. MOTION
CARRIED.
105: RATIFICATION OF ANAHEIM CITY SCHOOL DISTRICT MEMBER TO PARK AND RECREATION
COMMISSION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt,
the City Council ratified the selection of Jerry Wood by the Anaheim City School
District Board of Education to represent said District on the Park and Recreation~
Commission, term expiring November 30, 1980. MOTION CARRIED.
169: CLOSURE OF WILKEN WAY: To consider alternative.methods for closure
of Wilken Way between Orangewood and Chapman Avenues (continued from the meeting
of December 4, 1979).
Mr. Devitt described the three alternatives for closure of Wilken Way west of
Haster Street, as presented in his report dated December 18, 1979 and gave the
anticipated cost for each as follows: (Alternative 1) a double row of concrete
bollards at a cost of $9,500 would be the least expensive to build, 'but the most
expensive to maintain as street sweeping must be done by hand; .(Alternative 2)
construction of a permanent cul-de-sac within the existing street right of way
at a cost of $20,500; and (Alternative 3) construction of a permanent cul-de-sac
with a standard radius curb at a cost of $34,000. This would require acquisition
of additional street right-of-way.
Mr. Devitt also explained that standard size trash trucks would not be able to
negotiate a turn around at the end of either Alternative Nos. 1 or 2, and there-
fore, if one of these was chosen, it would be necessary to utilize smaller trash
truck which may result in higher collection costs. Mr, Devitt also explained
that the cost estimated for Alternative No. 3 did not include any right of way
acquisition, but rather assumes that the property owners would dedicate the
necessary footage in exchange for the improvements.
During Council discussion it was further indicated by staff that the two corner
10ts on Wilken Way would be the ones impacted, that they would be losing approxi-
matelY 12 feet from the front yards.
Mr. Ed Arionus, owner of property at 104 West Wilken Way, inquired where the
sidewalks would be located, and the diagrams prepared by the City Engineer's
office were displayed and explained for him.
Councilman Seymour, noting that the property at 104 West Wilken Way in
question was currently for sale, which in his opinion values of residential
real estate were generally improved when located on cul-de-sacs, and any
measure which cuts down traffic would be of benefit to the property value.
Mr. Aronius advised that he is strongly against the third alternative since it
would create a driveway on which the property owner could not park, that he
would prefer the smaller cul-de-sac (Alternative No. 2) be installed despite
the fact that special smaller trash trucks would have to be used.
79-1465
City Hall~ Anaheim~ California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Mr. Arionus inquired whether there would be any assessment against the homeowners
for the costs of the street closure and improvements. The Mayor responded
that Council has.supported closure of this street and the City's cost would
run anywhere between $9,500 to $34,000 without right-of-way acquisition costm,
Councilman Roth summarized for Mr. Arionus that the changes to the property
would result in the owner not being able to park on the front, as the setback
would be too close, and they may find it necessary to install an automatic garage
door opener to resolve this problem.
Linda Moore, 112 West Wilken Way, stated that Mr. Arionus is the realtor who
owns the house at 104 West Wilken Way and currently has it up for sale. She
advised that the previous owner sold his home for this very reason, because
the passing cars came up onto his driveway. She stated that with the current
traffic patterns, it is a very difficult house for anyone to live in. She further
stated that the remainder of the residents agree with Alternative No. 2.
Councilwoman Kaywood inquired whether the Jaycox CoMpany had been contacted with
reference to the smaller trash trucks to which Mr. Devitt replied Ct has been
indicated these are available at a higher cost. Some discussion was also held
on the possibility of requiring the residents to bring their trash to the nearest
corner for pickup, but this was discounted as a solution when it was made known
that the cul-de-sac would affect some 36 homes.
Mr. Bill Heindricks, 105 West Wilken Way, stated that he would be willing to
have whichever of the cul-de-sac alternatives the Council felt they could
approve and added that he wanted one of tUe cul-de-sac Configurations even if
he had to lose part of his front yard.
Mr. Heindricks inquired whether the wall to be constructed as part of t~he cul-
de-sac improvements might be extended onto his property and was advised that
this would not be possible, as the wall and its maintenance would be the respon-
sibility of the City and could not, therefore, be located on private property.
Mrs. Jenkins, 137 East Wilken Way, stated that she lives in the middle of the
block, and that it appears this closure is being done to satisfy the owners at
the ~orner. She did not feel any decision should be made until all of the
residents were notified of the City's intention. She advised that she has .seen
no plans and received no notice regarding the street closure. She was concerned
that a cul-de-sac~at the end of Wilken Way would jeopardize the safety of the
residents because of a delay for emergency vehicles.
Mayor Seymour reviewed for Mrs. Jenkins the notification procedures which were
used to inform residents in her area of the public hearing on the Wilken Way
'Street closure. He further explained that the Council's decision to close the
street was based on overriding concerns for safety of the residents, particularly
the younger children.
Mayor Seymour also voiced the opinion that the City Council is concerned in this
situation with doing the job right even at a cost of $34,000, rather than doing
half a job. He inquired whether Mr. Arionus would like to reconsider his
position with relation to the granting of an easement to the City across the front
of his property for the purposes of creating the larger cul-de-sac as described in
Alternative No. 3.
79-1466
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, ~979, 1:30 P.M.
Mr. Arionus stated that he continued to decline the dedication of his property
required for the larger cul-de-sac because in his opinion the cul-de-sac will
become a playground for children and because he is opposed to the street
coming that close to the house. He strongly urged adoption of Alternative 2.
Mr. Arionus advised that he would rather pay the higher cost for trash collection
than to lose the frontage from his property. He also stated he would lose two
trees.
Mayor Seymour stated that the City could replant the trees, and he urged Mr.
Arionus to cooperate so that the City might assist him directly on his par-
ticular property, as well as improving the safety for the entire neighborhood.
Councilman Roth voiced the opinion that the differential between the smaller
and larger cul-de-sac was reasonable, and he would therefore be supportive of
proceeding with the larger cul-de-sac (Alternative No. 3), initiating whatever
eminent domain proceedings were necessary against those property owners unwilling
to dedicate.
MOTION: Mayor Seymour moved that the Council approve Alternative No. 3 as
described in the City Engineer's memorandum dated December 18, 1979, at a cost
of $34,000, subject to the City receiving the necessary right-of-way dedication
from the homeowners affected. Councilman Overholt seconded the motion.'
Under discussion Councilwoman Kaywood stated her concern was that other residents
of the neighborhood would be coming in relative to closing the access, and she
was not sure everyone was made aware of the public hearing on the street closure.
Further, she thought the subject of the residents contributing to the cost of
the street improvement should be discussed.
Mayor Seymour responded that he believed adequate notification of the neighborhood
-had taken place, and with regard to establishing a precedent for expenditure of
funds on this type of situation, he again reiterated that the expression of the
Council following the public hearing was that they decided to close the street
because of overriding concern for the safety of the neighborhood.
A vote was taken on the foregoing motion. MOTION CARRIED.
RECESS: By general consent, the City Council recessed for 15 minutes. (3:30 P.M.)
AFTER RECESS: Mayor SeYmour called the meeting to order, all Council Members
being present. (3:45 P.M.)
PUBLIC HEARING - RECLASSIFICATION NO. 61-62-76: To consider deletion of Condition
Nos. 5 and 6 of Resolution No. 62R-223, granting Reclassification No. 61-62-76,
proposed CL zoning on property located at 1237-1325 South Euclid Street, in
accordance with the request submitted by Dr. Gary Grossbard. '
Mayor John Seymour advised that he owns the property across the street in the
immediate vicinity of this parcel and would therefore disqualify himself from
discussion and, or voting on the matter. Mayor Seymour left the Council Chamber,
and Mayor Pro Tem Overholt assumed chairmanship of the meeting.
79-1467
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Miss Santalahti reViewed the report submitted by the Zoning Division recommending
that the Council establish a precise driveway location between Lot Nos. S-143 and
'142 to coincide with the driveway which does actually exist. She reported
that City documents currently show this driveway to be located between 20 and 30
feet to the south of its actual location. She further advised that in dis-
cussing the matter with the applicant, he had indicated he did not wish to~
amend Condition No. 6 of Resolution No. 62R-223 and further, that he did not
wish to delete Condition No. 5, only to amend it, so as to reflect the correct
location of the driveway.
Mayor Pro Tem Overholt asked if the applicant or his agent was present~ and
wished to address the Council.
Dr. Gary Grossbard, 648 South Volare Street, stated that he wished through this
public hearing only to correct the location for the easement for ingress and
egress ~o his property at 1237-1325 South Euclid Street to show it to coincide
with the existing driveway occupying the south 10~ feet of his property, Lot
No. 143, Tract No. 2779, and the northerly 10½ of the lot to the south, Lot
No. 142. Councilman Bay asked if the owner of Lot No. 142 were present, and
there was no response.
Mayor Pro Tem Overholt asked if anyone else wished to address the Council either
in favor or opposition to the proposed amendment; there being no response, he
declared the public hearing closed.
Councilwoman Kaywood offered Resolution No. 79R-758 for adoption, amending Condition
No. 5 of Resolution No. 62R-223 relating to Reclassification No. 61-62-76 to read as
follows: (5) That the owner of the subject property shall dedicate to the City
of Anaheim all vehicuIar access rights to Euclid Street and Chalet Avenue, EXCEPT
'for two access drives on Euclid Street and one access drive on Chalet Avenue, one
of said Euclid Street access drives shall be over and across the southerly 10~
feet of Lot NO. 143 of Tract No. 2779 and the northerly 10½ feet of Lot No. ~42
of Tract No. 2779.'" Refer to Resolution Book.
RESOLUTION NO. 79R-758: A RESOLUTION OF THE CITY COUNCIL OF. THE CITY'OF ANAHEIM
AMENDING CONDITION NO. 5 OF RESOLUTION NO. 62R-223 RELATING TO RECLASSIFICATION
PROCEEDINGS NO. 61-62-76.
Roll Call Vote:
AYES: COUNCIL. MEMBERS: Overhoit, Kaywood, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor Pro Tem declared Resolution No. 79R-758 duly passed and adopted.
Mayor Seymour returned to the Council Chambers and resumed chairmanship
of the meeting. (3:55 P.M.)'
105: CREATION OF SENIOR CITIZENS COMMISSION: To consider the proposed creation
of a Senior Citizens Commission. (continued from the meeting of December 11, 1979)
79-1468
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979~ 1:30 P.M.
Recommendation of the Community Services Board as requested at the December 11,
1979 Council meeting, dated December 21, 1979 had been submitted indicating
that they favor the Council accepting the Senior Citizen Commission proposal
as submitted.
The Mayor noted that Community Services Board'Chairman Jan Billings was present
to answer any questions the Council might have on the recommendation.
Councilman Overholt stated that he was supportive of the Community Services
Board proposal with the exception of his concern over the item requiring that
the eight of the Commission Members be limited to those over 60 years of'age.
He noted that there are~many individuals who are not yet 60 who were concerned
with seniors and their problems who could make valuable contributions to the
Commission, and he, therefore, did not think they should be excluded from the
possibility of participation.
Mrs. Jan Billings advised that this subject was discussed with the senior leaders
in Irvine, Garden Grove, Buena Park and Huntington Beach. Some cities with such
commissions had no age limit specification at all, Garden Grove has a limit of
65 and Irvine 55. The exception was that anyone with expertise to offer in a
related field could be called in to serve as an ex-officio member. She advised
that remained open to suggestions during their study period, and that the 60-
year age limitation was the choice of the senior leaders in Anaheim.
Councilman Roth concurred that there should be some opportunity for th6se indivi-
duals, such as Gerontologist Peggy Weatherspoon, who addressed the Council on
this subject, who were willing and who had a vaul~ble contribution to make, to
participate.
Councilman Overholt also questioned how the Community Services Board intended
to accomplish the stated objective that this Commission would represent all
segments of the senior community. Mrs. Billings advised the Board's concern
was for all seniors living in Anaheim and that there be representation for
all geographical areas and economic segments.
Mrs. Billings agreed with Councilman Overholt that there are many among the
20,000 seniors in the City of Anaheim who are not joiners and would not be
represented by the spectrum of organized senior citizens clubs, and that these
individuals may have more serious problems.
Councilman Overholt stated that it is his feeling this Commission serves a
broader purpose and should represent a broader group than the collection of
senior organizations which are active in the community. He personally would
hope it would represent those many seniors who were not represented in these
groups.
Council discussion was held as to how appointments would be made, and it was
determined that the Council would solicit interest letters from those seniors
in the community who wish to serve, and the Council Members would then make
nominations for appointment, to be voted on by the full Council.
79-1469
City Hall~ Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Councilwoman Kaywood indicated she would like to see a sentence inserted in the
organizational proposal submitted by the Community Services Board to place a
one-year trial period on the Commission so as to determine, up to that period
of time, whether or not to continue with the Commission. She felt this to be
necessary in view of the need for cost control measures because of the impact
of Proposition 13.
Mr. Herb Eggett stated in reference to the concerns that only seniors belonging
to groups would be represented, that the Commission was intended .to deal with all
of the problems of seniors. He could not see any division of any particular
groups of seniors occurring.
MOTION: At the conclusion of discussion, Councilman Roth moved to establish a Senior
Citizen Commission in accordance with the recommendations submitted by; the
Community Services Board and directed the City Attorney to prepare an ordinance.
creating said Commission; and further that the Council solicit the names of
those interested applying for appointment on said commission.
Councilman Overholt seconded the motion.
Under discussion on the foregoing motion, Councilman Bay indicated that he did
not think the Council.should limit the age of the seven members to 60 years of
age or older; that the structure of the proposed organization should be modified
to reflect that a majority of four from the seven members be age 60,~and the
other three members not be restricted to any age at all. In addition, he com-
mented that the once per month meeting requirement was not necessary, that
usually boards and commissions met as often as they need to, and therefore, a
requirement for a quarterly meeting would be sufficient, as they could then meet
as necessary and not be held to meeting once per month.
MOTION: Councilman Bay offered a motion to amend the plan of organization for
the proposed Senior Citizen Commission (a) to reflect that a majority, of the
appointees (four) of said commission be 60 years of age or older; and (b) further
to require that meetings take place at least quarterly.
A vote was taken on section "a" of the immediate foregoing motion.
AYES: COUNCIL MEMBERS: Kaywood and Bay
NOES: COUNCIL MEMBERS: Overholt, Roth and Seymour
A vote was taken on section "b" of the immediate foregoing motion.
AYES: COUNCIL MEMBERS: Kaywood and Bay
NOES: COUNCIL MEMBERS: Overholt, Roth and Seymour
Both sections of the substitute motion failed to carry.
A vo. te was then taken on the original motion made by Councilman Roth add said
MOTION CARRIED. To this motion, Councilman Bay voted "No".
Councilman Bay explained that while he approves of the concept of the Senior
Citizens Commission as presented, he feels that limiting the age to 60 years
or older is too restrictive in that this would preclude many individuals from
serving, especially in view of the fact that individuals become eligible for
membership in Anaheim's senior citizen club at age 50.
79-1470
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, '1979, 1:30 P.M.
181: ANAHEIM COMMUNITY ENTERTAINERS - BUILDING SPACE: Request of the Anaheim
Community Entertainers for use of the former Anaheim Bulletin Building located
at 232 South Lemon Street was continued from December 18, 1979 to this date
for further consideration.
Report was submitted from the Parks, Recreation and Community Services.Department
recommending an alternate site at 114 North Topeka currently owned by the Anaheim
Redevelopment Agency as well, which might be used by this group for the purposes
of set construction and storage. This alternative site had been inspected, and it
was agreed this would be more suitable to the needs of the organization than the
former Anaheim Bulletin Building. It is therefore recommended by the Parks,
Recreation and Community Services Director that the Council authorize lease
of a portion of that building, with the Anaheim Community Entertainers Group
to be responsible for costs associated with getting the facility operational
and utility costs.~
Councilman Bay noted that the City is to assume the expenses for liability
insurance and wished to know exactly how much that was anticipated to cost.
Mr. Ruth responded that the coverage would be provided under the City's existing
policy. He additionally explained that a lease agreement would be drawn up
between the City and the Redevelopment Agency, and the City would then subsequently
enter into agreements, setting forth the allowed uses and conditions for the groups
using the space.
In response to Councilwoman Kaywood, Mr. Ruth advised that Mr. Yench and his
group have been advised of the conditions for lease of the property and are
agreeable to the terms as are three other groups.
MOTION: On motion by Councilman Seymour, seconded by Councilman Roth, the
City Council approved the concept of a lease of a portion of the building at
114 North Topeka Street to the Anaheim Community Entertainers. MOTION CARRIED.
108: WAIVER OF LOCATION REQUIREMENT - AMUSEMENT DEVICES PERMIT - AMERICAN GAMES
EXCttANGE~ INC.: A request of American Games Exchange, Inc., doing business as
Supercade Family Amusement Center, for waiver of Anaheim Municipal Code Section
3.24.010 requiring that game arcades not be located within 600 feet of school
property, in connection with the proposed development of a game center at 2522
West Lincoln Avenue, was submitted for reconsideration. Said item was continued
from the meeting of December 18, 1979, to allow the School District an opportunity
to respond.
A letter was submitted from the Anaheim Union High School District dated December 20,
1979 indicating no 'objection to the development of the game arcade at the proposed
location, 2522 West Lincoln Avenue, provided however that this establishment not
be open during school honrs of 8:30 a.m. to 2:50 p.m.
Mr. Dick McDonald, Golden West Realty, 1420 Baywood Drive, Brea, agent for
the applicant, assured Council that the arcade would not be operated during
school hours; that they will not open the arcade until 2:30 p.m.
Mr. Hopkins advised the Council that it would be necessary to amend the Anaheim
Municipal Code Section 3.24 to create a provision whereby the City Council would
have the ability to permit waivers of the 600-foot school property requirement.
He added that these might be reviewed on a case-by-case basis.
79-1471
city Hall, Anaheim, California - COUNCIL MINUTES - December 26, I979, 1:30 P.M.
In response to Councilwoman Kaywood, Mr. McDonald reported that the only items
which would be on sale at the establishment would be T-shirts and soft drinks.
They will also sell memberships for $1, allowing a certain number of free
games. He no.ted that someone will be on duty at all times, in the arcade.
Councilman Overholt called attention to the comment made by Mr. Laughead, Assis-
tant Superintendent of Schools, Anaheim Union High School District, in his letter
of December 20, 1979, that they appreciate being consulted on these matters, He
voiced the opinion that it is important the Council continue to consult with
whatever School District is involved when a waiver from the location requirment
is considered for an Amusement Devices Permit.
MOTION: On motion by Councilman'Roth, seconded by Councilman Overholt, the
City Council directed the City Attorney to prepare an amendment to Anaheim
Municipal Code Section 3.24.010 to allow for waiver from the 600-foot from
school property requirement, at the discretion of the City Council, and further
indicated its intent to grant an Amusement Devices Permit for Supercade Family
Amusement Center at 2522 West Lincoln Avenue, subject to that establishment
not being operated during school hours. MOTION CARRIED,
127/175 iNTERMOUNTAIN POWER PROJECT ADVISORY ELECTION: Recommendation from
the Utilities General Manager that the Council establish April 8, 1980, the
date of the next regular Municipal Election, as the date for the Intermountain
Power Project Advisory Election, was submitted.
Mr. Gordon Hoyt recalled that he had distributed copies of the minutes of the
Intermountain Power Project Board of Directors meeting held December 19, 1979,
at which he had asked the Board to delay the contract signing until after ~he
June 3, 1980 election date, and that he was unsuccessful in that motion. He
further reported that subsequently Special Counsel Alan Watts advised that
pursuant to the transfer agreement, the City has in fact a 30-day period from
the date of the CEQA determination by the lead agency and an additional 120
days within which~to sign the contract. He estimated the CEQA period would be
up by the end of March 1980 and therefore the City would hRve 120 days or
approximately until August of 1980 within which time they might execute the
contract. .He advised that, therefore, the Council has an option of setting the
Advisory Election for either the April or the June ballot. Further the IPP
Board has moved to urge that the Council select the earliest possible date in-
asmuch as contracts for purchase of water, which will amount to $80. million,
once. put in order (on about the first of April) will start accruing interest.
The project will sell short-term, tax-exempt notes at 8%, which would represent
in excess of $400,000 per month difference between interest and earnings. There-
fore the. Board Members requested the Anaheim City Council schedule the Election
at the earliest possible date so as to avoid any additional costs.
In response to questions from Mayor Seymour, Mr. Hoyt advised that Anaheim's
share interest in the project 10.225% and that once the City signed the Power
Contract, the first thing to happen is that it will receive an amount over
$1 million forwarded for study advances back from the project; the project
will probably sell securities in the amount of $100 million, $80 million for
the purchase of water; $10 million for return of the project participant study
advances, and $10 million to continue detailed engineering.
!]
79-1472
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Mayor Seymour stated that it is his understanding, should Anaheim elect not to
pick up its share in this project, that the remaining participants were waiting
and more than willing to take on these additional shares. If this is so, the~
it would stand to reason that 90% of the holders of shares in IPP will be
delayed because Anaheim has not signed its power project contract by April.
Mr. Hoyt explained that the Utah utilities have already signed, but that he did
not think any of the California utilities would be willing to agree to put forth
any substantial sums of money until 100% of the Power Sales Contract are signed.
Once this occurs, they will then issue the short-term notes. He corraborated
that if Anaheim does not come up with its share, someone else will.
Mr. Hoyt further advised, in response to Mayor Seymour, that Anaheim's financial
obligations as a result of this project, assuming the Power Sales Contract is
executed, would not begin until 1986-87, when the project is in operation and
generating revenues and energy. He advised that his preference for the Election
date would be April and if the April Election date is set, then the ballot
language must be submitted to the City Clerk by next week. However if'Council
wishes to set the date for June, they certainly have the option to do that.
Mayor Seymour stated that no Member of the City Council wished to make a decision
to delay the ballot issue at a cost to the City potentially of over $400,000 per
month. This figure was corrected by Mr. Hoyt to $100,000 potentially, as Anaheim's
share is 10% however, on the other hand, Mayor Seymour stated he personally felt
it to be important to use the Election which will bring the larger turnout of
voters for a larger expression of the people in this matter.
Mr. Hoyt stated that he advised the Intermountain Power Project Board of Directors,
in his speech, that he did not think the City of Anaheim was on their critical
path, and that if the Council wished to set the Advisory Election date for June 3,
1980, he thought they might do so with a clear conscience.
Mr. Taliey added that what the Council was considering was a maximum of $100,000
liability vs. a representation of $446 million toward the savings, and the
$100,000 appears to be of such a minute magnitude that it becomes a non-issue.
He emphasized that staff is trying to make the Council aware of their options
at this point.
MOTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City
Council requested the ballot language for the Advisory Election on the Inter-
mountain Power Project be prepared and delivered to them by Friday, December 28,
1979, and that the City Clerk schedule consideration of said ballot questions
at the next regular meeting, January 2, 1980. MOTION CARRIED.
123: AGREEMENTS WITH PRICE WATERHOUSE & COMPANY RELATING TO FINANCIAL AUDITS:
Reports from the Audit Selection Committee were submitted indicating that they
recommended (1) that the City Council approve an amendment to the agreement
with Price Waterhouse & Company for Fiscal Audit of 1978-79, increasing the
audit fee by $500 to perform year-end work beyond the scope of the original
agreement, and (2) that the Council approve an agreement with Price Waterhouse
& Company to perform an independent financial audit of 1979-80 records at a
cost not to exceed $43,500.
79-1473
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Councilman Bay offered Resolution NOs. 79R-759 and 79R-760 for adoption. Refer
to Resolution Book.
RESOLUTION NO. 79R-759: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AN AGREEMENT WITH PRICE
WATERHOUSE AND COMPANY, AND AUTHORIZING AND DIRECTING THE MAYOR AND CItY CLERK
TO EXECUTE SAID AGREEMENT.
RESOLUTION NO. 79R-760: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH PRICE WATERHOUSE AND
COMPANY TO PERFORM AUDITING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt, Kaywood, Bay, Roth and Seymour
None
None
The Mayor declared Resolution Nos. 79R-759 and 79R-760 duly passed and adopted.
CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman
Overholt, the following actions were authorized in accocdance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied, and referred
to the City's Claims Administrator:
a. Claim submitted by Robert S. Hir$ch, for Robert Kirk Hirsch, a minor, for
general and special damages purportedly sustained as a reSult of bicycle accident
on Crescent Avenue at Geneva Street caused by lack of bicycle lane in the vicinity
of Savanna High School,-on or about September 14, 1979.
b. Claim submitted by the Automobile Club of Southern California (Jeffrey
Gross, insured) for vehicular damages purportedly sustained as a result of
accident on Anaheim Stadium parking lot involving City-owned vehicle, on or
about September 18, 1979~
c. Claim submitted by Eva Schaffer for personal injury damages purportedly
sustained as a result of fall on asphalt pathway in front of 2638 Ball Road,
on or about August 25, 1979.
d. Claim submitted by Luther Roy Walraven for personal injury damages purpor-
tedly sustained as a result of incident on the Convention Center premises, on
or about September 8, 1979.
e. Claim submitted by James Ro Lamparter for damages to real property purpor-
tedly sustained as a result of land moving continuously.
f. Claim submitted by Joan D. Allee for personal injury damages purpOrtedly sus-
tained as a result of accident caused by condition of bridge on 15th fairway
at Anaheim "Dad" Miller Municipal Golf Course, on or about November 8, 1979.
79-1474
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979~ I:30.P.M.
g. Claim submitted by Sandra Ann Geschwender (Automobile Club of Southern
California File AR 779) for vehicular damages purportedly sustained as a
result of accident involving City-owned vehicle (street sweeper) on Loara
Street, on or about October 18, 1979.
h. Claim submitted by Jerry Toll for personal injury damages purportedly
sustained as a result of being struck by an unknown object at Anaheim Stadium,
on or about October 5, 1979.
i. Claim submitted by Clara Morgan for personal injury damages purportedly
sustained as a result of ~rip-and-fall accident on sidewalk in front of Anaheim
Village No. 1 Apartments on Chippewa Street, on or about November 24, 1979.
j. Claim submitted Mildred S. Haase for vehicular damages purportedly sustained
as a result of spray painting activities at the Senior Citizens Club when paint
blew onto her vehicle in the parking lot, on or about November 19, 1979.
k. Claim submitted by Joe Millington for damages purportedly sustained as a
result of removal of portion of carpet at 2139 E. Westport Drive, Apt. 1, for
evidence by Anaheim Police on or about November 19, 1979.
1. Claim submitted by Pacific Telephone for damages to aerial facilities
purportedly sustained as a result of tree-trimming operations at 510 North
Ohio Street, on or about November 16, 1979.
m. Claim submitted by Wells Fargo Bank for damages purportedly sustained as a
result of alleged forgery of City Warrants Nos. 001951 and 003005, Manny Lopez,
Payee, on or about October 18, 1979.
n. Claim submitted by Pacific Telephone for damages purportedly sustained as a
result of activity authorized by the Redevelopment Agency (underground cable and
tile conduit damages), on or about October 4, 1979.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 175: Public Utilities Department, Customer Service Division--Monthly Report
for November 1979.
b. 175: Before the Public Utilities Commission, Application No. 59316, Southern
California Gas Company, for authority to increase rates charged by it for gas
service.
co 105: Community Center Authority--Minutes of December 3, 1979.
d. 175: Public Utilities Department, Utilities Field Division--Monthly
Report for November 1979.
3. 108: APPLICATIONS: In accordance with the recommendations of the Chief
of Police, the following applications were approved:
a. Public Dance Permit: Anaheim Soccer Club, for a public dance to be held
December 31, 1979, 6:00 p.m. to 1:30 a.m., at the Anaheim Convention Center.
79-1475
City Hall~ ..A. naheim, California - COUNCIL MINUTES - December 26, 1979~ 1:30 P.M.
b. Public Dance Permit: Vietnamese Dance Club, for a public dance to be held
December 29, 1979, 8:30 p.m. to 1:00 a.m., at the Anaheim Convention Center.
MOTION CARRIED.
CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-761
through 79R-764, 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-761: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Cai-West August
#1, 2 deeds; Kilroy Industries)
150:' RESOLUTION NO. 79R-762: 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 FDLLOWING PUBLIC IMPROVEMENT, TO WIT: PEARSON PARK POOL CONSTRUCTION
IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-808-7105-80821. (Nadar, Inc.)
164: RESOLUTION NO. 79R-763: 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: GILBERT STREET STORM DRAIN,
900' N/O BROADWAY, iN THE CITY OF ANAHEIM, ACCOUNT NO. 13-791-6325-1090. (Buntich &
West)
175:. RESOLUTION NO. 79R-764: 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: CONVERSION OF 4 RV LiNE TO 12
KV DISTRIBUTION LINE, COMMUNITY DEVELOPMENT AREA II AND III,~ACCOUNT NO, 25-671-
74410-36500 (_AREA II) AND ACCOUNT NO. 25-671-6328-74420-36500 (AREA III). ~(A. S.
Schulman Electric Company)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 79R-761 through 79R-764, both inclusive,
duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning
Commission at their meeting held December 3, 1979, pertaining to the following
applications, as listed on the Consent Calendar, were submitted fOr City Council
information.
79-1476
City, Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979~ 1:30 P.M.
1. RECLASSIFICATION NO. 79-80-18: Submitted by the City of Anaheim~ for a
change in zone from County General Agricultural A-1 zone to City RS-A-43,000(SC)
zone on property located north of Orangethorpe Avenue, east of the northeast
and southeast corner of Orchard Drive and Lakeview Avenue.
The City Planning Commission, pursuant to Resolution No. PC79-227, granted
Reclassification No. 79-80-18, and granted a negative declaration status.
2.' CONDITIONAL USE PERMIT NO. 2040: Submitted by G. L. Lewis Properties, to
permit the development of a commercial office complex and restaurant with on-sale
alcoholic beverages on ML zoned property located at the northwest corner of
Orangewood Avenue and State College Boulevard.
The City Planning Commission, pursuant to Resolution No. PC79-229, granted
Conditonal Use Permit No. 2040, and granted a negative declaration status.
3. CONDITIONAL USE PERMIT NO. 2042: Submitted by Dico Company, Inc., to retain
retail sales on ML zoned property located at 323 East Ball Road, with waiver of
minimum landscaped front setback.
The City Planning Commission, pursuant to Resolution No. PC79-231, granted
Conditonal Use Permit No. 2042, and granted a negative declaration status.
4. VARIANCE NO. 3123: Submitted by Louis A. and Frances Cannon, to permit the
use of an aluminum interwoven chain link fence on ML zoned property located on
the north side of Miraloma Avenue, west of Red Gum Street, with waiver of required
enclosure of outdoor use.
The City Planning Commission, pursuant to Resolution No. PC79-232, granted
Variance No. 3123, and ratified the Planning Director's categorical exemption
determination. ~
5. CONDITIONAL USE PERMIT NO. 1166 AND CONDITIONAL'USE PERMIT NO. 1646 - EXTENSION
OF TIME: Submitted by Town Tour Fun Bus Company, requesting extensions of time
to Conditional Use Permit Nos. 1166 and 1645, to allow bus storage and repair
facilities on CG and RS-A-43,000 zoned property at 340 Katella Way and 1825
Mountain View Avenue.
The City Planning Commission approved an extension of time to Conditional Use
Permit Nos. 1166 and 1645, to expire August 16, 1980.
6. CONDITIONAL USE PERMIT NO. 1766 - EXTENSION OF TIME: Submitted by the
Velvet Knights Drum and Bugle Corps, Inc., requesting an extension of time to
Conditional Use Permit No. 1766, to permit a private club with bingo-on ML
zoned property located at 1515-H Sunkist Street.
The City Planning Commission, approved an extension of time to Conditional Use
Permit No. 1766, to expire November 21, 1980.
7. CONDITIONAL USE PERMIT NO. 1769 - EXTENSION OF TIME: Submitted by Marie
Albert, requesting an extension of time to Conditional Use Permit No. 1769,
to permit on-sale beer and wine within a delicatessen on CL zoned property
located at 1287 "D" East Lincoln Avenue.
79-1477
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979~ 1:30 P.M.
The City Planning Commission approved an extension of time to Conditional Use
Permit No. 1769, to expire November 21, 1980.
8. RECLASSIFICATION NO. 77-78-22 AND VARIANCE NO. 2974 - APPROVAL OF SPECIFIC
PLANS (ELEVATIONS): Submitted by Mercury Savings and Loan Association, request
for approval of specific plans (elevations) to construct a savings and loan
facility on proposed CL (SC) zoned property located at the northwest corner of
La Palma Avenue and Imperial Highway, with certain Code waivers.
The City Planning Commission approved specific plans for Reclassification No.
77-78-22 and Variance No. 2974.
No action was taken on the foregoing items therefore the actions of the City
Planning Commission became final.
CONDITIONAL USE PERMIT NO. 2041: Submitted by Joseph P. Osborn, to permit a
limousine service on RS-7200 zoned property located at 1402 South Knott Street..
The City Planning Commission, pursuant to Resolution No. PC79-230, granted
Conditional Use Permit No. 2041, and granted a negative ~declaration status.
Councilwoman Kaywood requested review of the Planning Commission action and
that a public hearing be scheduled.
RECLASSIFICATION NO. 78-79-6 AND CONDITIONAL USE PERMIT NO. 1866 - APPROVAL OF
REVISED PLANS: On motion by Councilman Roth, seconded by Councilman Overholt,
the City Council approved revised plans for construction of a 29-unit planned
unit development to be constructed on proposed RS-5000 zoned property located
north and east of the northeast corner of Simmons Avenue and Haster Street,
said plans submitted by Dan L. Rowland and Associates, as recommended by the
City Planning Commission. MOTION CARRIED.
142/130: GRANTING A FRANCHISE - STORER CABLE TV: Councilwoman .Kaywood offered
Ordinance No. 4087 for adoption. Refer to Ordinance Book.
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, WAY, ALLEYS, AND PLACES WITHIN SAID 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 Ordinance No. 4087 duly passed and adopted.
108/142: AMENDMENTS TO CODE SECTIONS RELATING TO BINGO GAMES: The proposed
ordinance which would amend Title 7.34, Sections 7.34.050, 7.34.150, 7.34,170
and 7.34.210, introduced at the meeting of December 19, 1979, was submitted
for final reading and adoption.
79-1478
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
Jesse Baker, representing the Velvet Knights; Trudy of Widow's Anonymous, 613
North Euclid, Anaheim; and Mr. Sawyer, attorney for Colonial Manor; each
addressed the Council regarding the provisions of the proposed ordinance. The
primary objection expressed was to Section 7.34.050 relating to the license
fee and the use of gross receipts over $5,000 in determining the fee.
Mr. Sawyer challenged this amendment as it places, in his opinion, a license tax
on a non-profit organization. City Attorney Hopkins responded that Mr. Sawyer
is correct, license provisions do exempt non-profit charitable organizations,
however, the proposed ordinance was drafted pursuant to a special section dealing
with bingo permits and the additional fee to be levied was authorized by the
State Legislature. This new provision from the State Legislature will become
effective Janaury 1, 1980.
Mr. Sawyer further discussed his objections to the proposed amendment to Section
7.34.150 which would permit the City to audit bingo accounts to determine whether
or not charitable contibutions were being made from the bingo, proceeds. He
observed that this sets up an unnecessary conflict with State law which he did
not feel the City had the authority to create. He related that there is a
section of the City's own Code relating to license taxes on non-bingo activities
with a specific provision which says all reports to the City Auditor are to be
kept confidential. The new amendment makes no provision for privacy of records.
In addition, Mr. Sawyer stated objections to Section 7.34.170 wherein photocopies
of bingo records are to be provided to the City Auditor by the licensee at no
charge to the City. He felt this imposed an additional tax on the bingo oper-
ators, and he did not concur that it should be incumbent upon the licensee
to provide the records. He stated that he was under the opinion that the
$50 tax charged the bingo operators was to cover administrative expenses.
At the conclusion of public input, Councilman Overholt offered Ordinance No.
4088 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4088: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7:,34.050,
7.34.150, 7.34.170 AND 7.23.210 OF CHAPTER 7.34, TITLE 7, OF THE ANAHEIM MUNICIPAL
CODE RELATING TO BINGO GAMES.
Prior to voting on the ordinance, Councilman Roth pointed out that he was sup-
portive of all provisions of the amended ordinance with the exception of
Section 7.34.210. He indicated, to remain consistent with his prior voting
record, he would' have to vote "no" because of this one Section, which in fact
would limit the number of games which could be played to one per week.
Mayor Se~vmour expressed a similar opinion.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Overholt, Kaywood and Bay
COUNCIL MEMBERS: Roth and Seymour
COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4088 duly passed and adopted.
79-1479
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
156/142: ADDITION OF CHAPTER 7.44. TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO GRAFFITI: City Attorney Hopkins explained the particulars of the'
~Ordinance, in response to questions from Councilwoman Kaywood, i.e., that this
ordinance as set forth, the City Council finds and determines that~graffit~ is
obnoxious, and further that the ordinance was designed to authorize the City to
remove graffiti from both public and private property under the circumstances
set forth therein, at City expense. The penalties are covered in the Penal
Code; however, these can only be applied if the individual is actually observed
in the act of defacing property.
Councilman Roth requested that the City Attorney submit to Council the graffiti
ordinance as adopted by the City of San Francisco, which includes a penalty of
up to $500 for defacing property.
Councilman Seymour noted that this penalty is covered by the State Penal Code
and a City ordinance could not define any more severe punishment than that in
the Penal Code.
Mr. Hopkins advised he would submit the copies of the San Francisco ordinance
for Council information.
Councilman Seymour offered Ordinance No. 4089 for first reading.
ORDINANCE NO. 4089: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER
7.44 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRAFFITI.
108/142: ADDING CHAPTER 4.53 TO TITLE 4 RELATING TO PERMIT PROCEDURES FOR
CARNIVALS, CIRCUSES AND SIMILAR SHOWS: Mr. Hopkins advised that this ordinance
was prepared through the joint efforts of Fire, Police, Building Division,
Utilities and City Attorney's office as a result of the situations where car-
nivals and other organizations come into the City late on Friday. afternoon,
set up tents and rides with deficient or faulty equipment, and this has in the
past necessitated various City Departments making inspections on an emergency
basis. This proposed Ordinance attempts to set out an orderly procedure where-
in the operators of these activities were required to make application 15 days
in advance.
Councilman Seymour offered Ordinance No. 4090 for first reading.
ORDINANCE NO. 4090: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.53
TO TITLE 4 OF'THE ANAHEIM MUNICIPAL CODE AND ADOPTING OTHER RELATED CHANGES
RELATING TO CARNIVALS AND CIRCUSES.
172: ORDINANCE NO. 4091: Councilman Seymour offered Ordinance No. 4091 for
first reading.
ORDINANCE NO. 4091: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS
14f40.010, 14.40.020, 14.40.030, 14.40.050, 14.40.060, 14.40.070, AND 14~40.080
OF CHAPTER 14.40, TITLE 14 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS
14.40.010, 14.40.020, 14.40.030, 14.40.050, 14.40.060, 14.40.070, 14.40.080 AND
14.40.090 IN THEIR PLACE AND STEAD PERTAINING TO SPEED LIMITS.
79-1480
City Hall, Anaheim, California - COUNCIL MINUTES - December 26, 1979, 1:30 P.M.
114: COUNCIL COMMENTS: At the conclusion of the meeting, Council Members
Overholt,.Roth and Seymour expressed their personal satisfaction on working
with their fellow Council Members during the past year and their positive
feelings for the year to come.
Councilwoman Kaywood requested that Mayor Seymour present a report for Council
information on his recent trip to Anaheim's Sister City, Mito, Japan. The Mayor
indicated.he was in the process of preparing it.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED.
Adjourned: 5:50 P.M.
LINDA D. ROBERTS, CITY CLERK