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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