1977/08/3077-976
City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
PRESENT:
ABSENT:
PRESENT:
The City Council of the City of Anaheim met in regular session.
COUNCIL MEMBERS: Kaywood, Seymour (arrived 1:40 P.M.) Kott,
Roth and Thom
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: William T. Hopkins
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT DIRECTOR FOR PLANNING: Phil Schwartze
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
Mayor Thom called the meeting to order and welcomed those in
attendance to the Council meeting.
FLAG SALUTE: Councilwoman Kaywood led the assembly in the Pledge of Allegiance
to the Flag.
MINUTES: Minutes of the City Council regular meeting held August 9, 1977 and
adjourned regular meeting held July 26, 1977 were approved subject to corrections
on motion by Councilman Thom, seconded by Councilwoman Kaywood. Councilman
Seymour was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to
waive the reading, in full, of all ordinances and resolutions and that consent
to the waiver of reading is hereby given by all Council Members unless, after
reading of the title, specific request is made by a Council Member for the read-
ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion.
Councilman Seymour was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,622,281.86, in accordance
with the 1977-78 Budget, were approved.
150/109: APPLICATION FOR 1976 STATE GRANT FUNDS - DAI,E/SYCAMORE MULTI-GYMNASIUMS:
In accordance with memorandums submitted by James Ruth, Parks, Recreation and Arts
Director, recommending approval for 1976 State Grant monies to construct gymnasiums
at Dale and Sycamore Junior High Schools in cooperation with the Anaheim Union
High School District, Councilwoman Kaywood offered Resolution No. 77R-586 for
adoption. Refer to Resolution Book.
RESOLUTION NO. 77R-586: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR THE DALE/SYCAMORE
MULTI-GYMNASIUMS PROJECT.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
The Mayor declared Resolution No. 77R-586 duly passed and adopted.
77-977
.City Hall~ Anaheim, California - COUNCIL MINUTES - August 30~ 1977~ 1:30 P.M.
153: FIRE AND POLICE SELECTION VALIDATION CONSORTIUM: Joint memorandum from
the Personnel Director, Fire and Police Chiefs recommending that the City of
Anaheim participate in the Fire and Police Selection Validation Consortium
proposed by Biddle and Associates and for the development of a new Affirmative
Action Plan was submitted together with written statements of support from the
Anaheim Police Officers Association, Anaheim Firemen's Association, Anaheim
Municipal Employees Association and the IBEW, Local Union Number 47.
Ms. Irma Rodriguez, Chairperson of the Orange County Human Relations commission
read a statement issued by the Commission supporting the intent of this proposal
to develop non-discriminatory selection devices for the positions of Fire Fighter,
Police Officer and Police Sergeant and in developing a comprehensive Affirmative
Action Plan.
Councilwoman Kaywood called attention to the last line of the first paragraph of
the Commission letter, in particular the words "this agreement will lead the City
of Anaheim toward establishing non-discriminatory employment procedures", remarking
that she hoped this did not indicate that the Human Relations Commission feels that
the City has not followed non-discriminatory practices in the past.
Ms. Rodriguez clarified that the spirit and intent of the letter was to affirm
that the City is always moving in the direction of improving their procedures
and seeking better methodology.
MOTION: On motion by Councilman Kott, seconded by Councilwoman Kaywood, the City
Council authorized preparation of an agreement with Biddle and Associates for
participation in the Fire and Police Selection Validation Consortium and for the
development of a new Affirmative Action Plan. Councilman Seymour was absent.
MOTION CARRIED.
MOTION: On motion by Councilman Thom, seconded by Councilwoman Kmywood, the City
Council approved and authorized a transfer of $12,493.30 from anti-recessional
fiscal assistance funds to the Personnel Services, Professional Services Account.
Councilman Seymour was absent. MOTION CARRIED.
174: MODIFICATION TO CETA TITLE II PROGRAMS (EXTENSION TO SEPTEMBER 30, 1978):
Assistant City Manager Hopkins presented recommendation from the Personnel Director
that the City Council authorize modification to the current CETA Title II grant
agreement between the City and the Orange County Manpower Commission, as well as
to those agreements between the City and the Magnolia Elementary School Oistrict
and Orange County Community Development Council, in each case to change the terms
to show extension to September 30, 1978 and to reflect increases in the grant
amount.
In response to Councilman Kott, Assistant City Manager Hopkins explained that the
cost to the City is that incremental difference between City scale and the maximum
amount authorized to a particular position under Title II.
Mr. Hopkins further explained that there are currently some funds surplus to the
City's CETA program needs, sufficient for the creation of six to seven new positions,
one of which has already been authorized for the golf courses (Golf Course Laborer).
77-978
~ity Hall~ Anaheim, California - COUNCIL MINUTES - August 30, 1977, 1:30 P.M.
Councilman Seymour entered Council Chambers. (1:40 P.M.)
Councilwoman Kaywood offered Resolution Nos. 77R-587 through 77R-589, both inclusive,
for adoption. Refer to Resolution Book.
RESOLUTION NO. 77R-587: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE ORANGE COUNTY MANPOWER
COMMISSION RELATING TO MANPOWER PROGRAMS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT AND MODIFICATIONS THERETO ON BEHALF OF THE CITYOF ANAHEIM.
(increase of $1,065,596, expires 9-30-78)
RESOLUTION NO. 77R-588: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDMENT TO AGREEMENT WITH
MAGNOLIA ELEMENTARY SCHOOL DISTRICT PROVIDING FOR AMENDMENT OF THE TERM AND
ADDITIONAL COMPENSATION. (increase of funding to $192,456, expiring 9-30-78)
RESOLUTION NO. 77R-589: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDMENT TO AGREEMENT WITH ORANGE
COUNTY COMMUNITY DEVELOPMENT COUNCIL PROVIDING FOR AMENDMENT OF THE TERM AND
ADDITIONAL COMPENSATION. (increase of funding to $26,620, expiring 9-30-78)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Seymour
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution Nos. 77R-587 through 77R-589, both inclusive, duly
passed and adopted.
MOTION: On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City
Council authorized the creation of one new CETA position -- Golf Course Laborer.
MOTION CARRIED.
The City Council directed that they be apprised of new CETA positions as these
are created.
123: DEMONSTRATION SERVICES - NOISE ORDINANCE ENFORCEMENT - COUNTY HEALTH OFFICER:
Mr. Phil Schwartze added to the Planning Department's synopsis of the proposed
agreement that execution of same would permit the City to use sophisticated noise
monitoring equipment which is owned and operated by the County on an on-call
basis (at a rate of $19.21 per hour, not to exceed 24 man hours per call). Whereas
in the past the City of Anaheim Planning Department staff had only hand-held
instruments for noise detection and the data collected in this manner does not hold
up as well in court as would be necessary for enforcement.
Councilwoman Kaywood offered Resolution No. 77R-590 for adoption. Refer to Resolution
Book.
RESOLUTION NO. 77R-590: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT OF JULY 1, 1976,
WITH THE CO[~TY OF ORANGE FOR COMMUNITY NOISE ENFORCEMENT DEMONSTRATION SERVICE:
~ND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
(;IT¥ OF ~NAHEIM.
77-979
~ity Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-590 duly passed and adopted.
123: ENVIRONMENTAL IMPACT REPORT FOR STREET IMPROVEMENT - WESTEC SERVICES, INC.:
Councilwoman Kaywood offered Resolution No. 77R-591 for adoption authorizing an
agreement with Westec Services, Inc. for preparation of an environmental impact
report for improvement of Brookhurst Street between Katella Avenue and Guinida
Lane in the amount of $5,600, said EIR to be submitted within 30 days. Refer to
Resolution Book.
RESOLUTION NO. 77R-591: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH WESTEC SERVICES, INC.,
FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 77R-591 duly passed and adopted.
123: CONSULTING ENGINEERING SERVICES - MC DANIEL AND ASSOCIATES (PROJECT NO. ?
OFFSITE SANITARY SEWER PROJECT ALPHA): Councilwoman Kaywood offered Resolution
No. 77R-592 for adoption authorizing an agreement with A. R. McDaniel, doing
business as McDaniel and Associates, for consulting engineering services in
connection with construction of a sanitary sewer in an amount not to exceed
$38,750, plus soil services not to exceed $3,000. Refer to Resolution Book.
RESOLUTION NO. 77R-592: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH A. R. MC DANIEL, DBA
MC DANIEL AND ASSOCIATES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-592 duly passed and adopted.
123: AGREEMENT NO. D76-031 - COUNTY OF ORANGE (TRAFFIC SIGNAL AND HIGHWAY LIGHTING,
INTERSECTION OF LAKEVIEW AND LA PALMA AVENUES): Councilman Kott offered Resolution
No. 77R-593 for adoption authorizing Project Agreement No. D76-031 with the County
of Orange at an estimated total cost of $40,000, City portion to be approximately
$20,000 from Gas Tax Funds budgeted for fiscal year 1977-78. Refer to Resolution
Book.
77-980
City Hall, Anaheim, California - COUNCIL MINUTES - August 30~ 1977~ 1:30 P.M.
RESOLUTION NO. 77R-593: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR
JOINT INSTALLATION OF A TRAFFIC SIGNAL AND HIGHWAY LIGHTING SYSTEM, AND AUTHORIZ-
ING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
ANAHEIM. (La Palma Avenue and Lakeview)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-593 duly passed and adopted.
160: INFORMAL BID PROCEDURE FOR PURCHASE OF FOUR 69kV POWER CIRCUIT BREAKERS:
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council
authorized the Purchasing Agent to request informal sealed bids for four 69kV
power circuit breakers for the Lewis-Yorba line terminals at Lewis Substation
in accordance with specifications, estimated purchase price exceeding $60,000.
MOTION CARRIED.
139: AB 1852 (MC ALISTER) NUCLEAR THERMAL ELECTRIC SITES: On motion by Council-
man Seymour, seconded by Councilman Roth, the City Council determined to go on
record as being in support of AB 1852 relating to nuclear thermal electric sites.
Council Members Kott and Thom voted "No". MOTION CARRIED.
105: APPOINTMENTS TO PUBLIC UTILITIES LIFELINE ELECTRICAL RATES AD HOC COMMITTEE:
The following City Council appointments were announced to the seven member ad hoc
Committee established by the City Council at their August 23, 1977 meeting:
Councilwoman Kaywood appointed Vivian Engelbrecht, 218 South Florette; Councilman
Roth appointed Joe Critchfield, 123 South Ohio Street; and Mayor Thom appointed
Bill Erickson, 301 East North Street.
169: MOHLER DRIVE STREET IMPROVEMENT - PROJECT ACCOUNT NOS. 12-4309-706-16-1001
AND 12-4309-708-16-1002: In accordance with recommendation of the City Engineer,
Councilwoman Kaywood offered Resolution No. 77R-594 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 77R-594: 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 EQUIP-
MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND
PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC
IMPROVEMENT: MOHLER DRIVE STREET IMPROVEMENT, SANTA ANA CANYON ROAD TO 350'
S/O SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, PROJECT ACCOUNT NOS.
12-4309-706-16-1001 AND 12-4309-16-1002. (R. J. Noble Company, $9,776.40)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-594 duly passed and adopted.
77-981
City Hall, Anaheim, California - COUNCIL MINUTES - August 30~ 1977~ 1:30 P.M.
163: PRESENTATION -- ANAHEIM SECONDARY TEACHERS ASSOCIATION, INC.: In accordance
with the request of the Anaheim Secondary Teachers Association, Inc., 1784 West
Lincoln, Suite H, (ASTA), Mr. Bill Harju, Executive Director, representing ]350
certificated employees of the Anaheim Union High School District addressed the
Council, apprising them of the situation between the Anaheim Union High School
District and his association as well as what they have done in the past and their
future plans. Mr. Harju reviewed that a new collective bargaining law affecting
school employees was adopted in 1975 and his association had been negotiating
under that law for the past 6 months whereas prior to that they used the meet-and-
confer process. According to Mr. Harju, the current problem is that while the
teachers and District had previously agreed on an 87 page handbook for certificated
employees, and his Association presented a 67 page proposal which would have retained
the status quo of procedures in the old handbook and introduced 16 new subjects, they
could not reach agreement with the District on these proposals. He voiced the
opinion that it is the District's intent to roll back everything previously
negotiated. The end result of all negotiations conducted to date is that out of
127 issues, the Anaheim Secondary Teachers Association dropped 23; both parties
have reached agreement on 27; and there are still 74 issues remaining to be resolved.
Mr. Harju reviewed that the membership of his Association authorized a strike call
for September 6, 1977 at their meeting in June and since that time his organization
has exhausted all other legal processes before asking the teachers to strike. He
reported that they do not intend, however, to ask the teachers to strike on
September 6, but rather that the matter proceed immediately to fact finding and
ASTA will accept the fact finder's report as the terms and conditions of settlement.
They will further agree to accept that fact finder's report as basis for a contract
and encourage the School District to do the same.
At the conclusion of his presentation, Mr. Harju stressed that he is not seeking
a position from the City Council now or in the future; but that his intent is
merely to inform the Council as leading Anaheim citizens of the situation and
its potential impact on the community. He added that ASTA would be happy to
meet with the Council or any other community group to discuss the situation or
to merely keep them informed.
In response to Councilman Kott, Mr. Harju explained that while salaries are always
an issue in negotiations, these are not the highest priority in the current situation.
He cited, for Council's information, examples of what the Anaheim Union High School
District payroll would amount to in several other cities in Orange County. He re-
viewed some of the other issues at stake in the negotiations including tie right
to file grievances; class sizes; personnel evaluation procedure; but noted in par-
ticular that the teachers do want a voice or some legal input into the decision
and policy making process. He pointed out that currently the School Board makes
these decisions based on recommendations from the administrative level, without
input from the teachers. The teachers are seeking formalized, meaningful and
legitimate input into this process.
Councilwoman Kaywood stated that she understood the School District is prepared to
recruit people from the community to take over classes should the strike occur,
at the rate of $60 per day, and questioned whether this was more than the teachers
currently received to which Mr. Harju replied that it is, in general, less.
77-982
City Hall, Anaheim~ California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
At the conclusion of Council discussion, Mr. Harju again explained that his
Association would be willing to meet with any group or appear together with
representatives of the School District for debate of the issues. He reiterated
in response to Councilman Seymour that he does not intend to seek a position
from the Anaheim City Council now or in the future.
No action was taken by the City Council.
CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, seconded by Councilman
Roth, the following actions were authorized in accordance with the reports and
recommendations furnished each Council Member and as listed on the Consent
Calendar Agenda:
1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred
to the City's insurance carrier or the self-insurance administrator:
a. Claim submitted by Linda Lee Fournier for personal injuries purportedly
sustained as a result of actions by the Anaheim Police on or about May 16, 1977.
b. Claim submitted by Helen Scott for personal injuries purportedly sustained
as a result of a fall on sidewalk at Anaheim Stadium on or about May 21, 1977.
c. Claim submitted by Fred De Fina for personal injuries purportedly sustained
as a result of a collision involving a city-owned vehicle on or about June 13, 1977.
2. CORRESPONDENCE: The following correspondence was ordered received and filed:
a. 173: Public Utilities Commission of the State of California, application of
Skyview Limousine Service, Inc. for a certificate of public convenience and
necessity to operate passenger stage service between Torrance, Long Beach, Seal
Beach and Anaheim, on the one hand, and Palm Springs, on the other hand; and
between Palm Springs and the docks in Los Angeles and Long Beach.
b. 114: City of Orange Resolution No. 4621 opposing adoption of the draft
report entitled "Urban Development Strategy for California."
c. 117: Monthly Report, June 1977 - City Treasurer.
d. 105: Project Area Committee - Minutes of July 26, 1977.
e. 105: Public Utilities Board - Minutes of July 7 and August 4, 1977.
MOTION CARRIED.
105: COMMUNITY CENTER AUTHORITY MINUTES OF AUGUST 8, 1977: On motion by Council-
woman Kaywood, seconded by Councilman Seymour, minutes of the Community Center
Authority, meeting held August 8, 1977, page 2, were ordered received and filed with
correction to reflect that Federal government had given them $3.1 million instead of
$31,000 as shown originally in said minutes. MOTION CARRIED.
118: DEEDS OF EASEMENT: Councilman Seymour offered Resolution No. 77R-595 for
adoption. Refer to Resolution Book.
77-983
City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1977, 1:30 P.M.
RESOLUTION NO. 77R-595: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Rodger W. Dotson, et ux.;
Freda Lamb; Shaw and Talbot; Shaw and Talbot; Fredericks Development Corp.; Carl N.
Karcher; Van Horne, Ltd.; M.E.B. Investments #18)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Resolution No. 77R-595 duly passed and adopted.
170: ORDINANCE NO. 3759: Councilman Thom offered Ordinance No. 3759 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3759: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS
17.08.450 AND 17.08.460 OF TITLE 17, CHAPTER 17.08, OF THE ANAHEIM MUNICIPAL
CODE AND ADDING NEW SECTIONS 17.08.450 AND 17.08.460 TO TITLE 17, CHAPTER 17.08
RELATING TO SUBDIVISIONS. '
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance No. 3759 duly passed and adopted.
107: ORDINANCE NO. 3760: Councilman Seymour offered Ordinance No. 3760 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 3760: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS
15.16.030 THROUGH 15.16.140, INCLUSIVE, OF TITLE 15, CHAPTER 15.16 OF THE
ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 15.16.030 THROUGH 15.16.090,
INCLUSIVE, THERETO RELATING TO THE ELECTRICAL CODE. (1975 Edition)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3760 duly passed and adopted.
107: RESOLUTION NO. 77R-596: Councilman Seymour offered Resolution No. 77R-596
for adoption. Refer to Resolution Book.
RESOLUTION NO. 77R-596: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENT TO THE NATIONAL ELECTRICAL
CODE, 1975 EDITION.
77-984
~ity Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The b~yor declared Resolution No. 77R-596 duly passed and adopted.
108: ORDINANCE NO. 3761: An ordinance repealing and adding to Title 7, Chapter
7.34 relating to bingo games.
Mr. Paul Bell, 902 West Broadway, was recognized by the Mayor and advised Council
that there is a large group of people in Anaheim who are opposed to that particular
section of this proposed ordinance which places ].imitations on the playing of
bingo games to two days per week by any single organization. He explained that his
organization, the Kingsmen Drum and Bugle Corps, raises approximately $25,000 per
month by conducting bingo games 5 days per week, which money is used to support
the youth group and its activities. They currently have 200 minors involved and
expect, by November of this year, to have 400 participants. He noted that although
the Kingsmen have been recognized by the Anaheim City Council as its official
musical ambassadors, as such, they receive no financial subsidy from the City.
With respect to the suggestion that organized crime might intervene or become
involved in these bingo games, Mr. Bell shared any such concerns the City Council
might have, but felt that since the State statute and City ordinance set forth
restrictions that the proceeds from the games must be used in support of, or by
a charitable organization, and further, that the games must be staffed by volunteer
workers, that these are conditions which would not induce any interest by organized
crime in the bingo games.
Mr. Bell concluded that any restriction on the amount of bingo games would reduce
the ability of the Kingsmen to pay their expenses and to offer activities
to the youth of the community.
In response to Council Members who requested some clarification as to why these
changes to the ordinance have been proposed, Mr. Hopkins explained that the
State law was amended to provide that additional types of organizations be added
to those who might conduct bingo games and upon being contacted by some of these
local organizations his office prepared to make revisions to the existing ordinance
regulating bingo. At the same time, however, they requested recommendatfons from
the Police Department and License Division as to any other changes, and the Police
Department recommended that the games be restricted to one day per week. For this
reason the compromise restriction to two days per week was written into the revised
ordinance. He pointed out that there is in the existing ordinance a restriction
that bingo be played only 6 hours out of 24 and the new ordinance intends to
restrict playing of bingo between the hours of midnight to 10:00 A.M. in addition.
~ese are included, basically, on the same theory that they would prevent profes-
sionalism in the bingo games and would give the smaller organizations a better
opportunity to compete.
77-985
C__iity Hall, Anaheim, California - COUNCIL MINUTES - August 30~ 1977~ 1:30 P.M.
Mr. Harvey Barish, American Heritage Corporation, 2100 East Howell, a volunteer
worker with the Velvet Knights Organization, cited the facts that the non-profit
organizations have made investments in equipment necessary to run the games; that
the games must be staffed by volunteers; and that all groups conducting games must
be certified as non-profit charitable organizations as reasons which preclude
any organized crime or professional gambling organization from entering the local
bingo market. He additionally was of the opinion that the proposed new ordinance
would be difficult to enforce because of the probable proliferation of games. In
addition he stated that if his organization is limited to two nights for the games,
whereas in the past they had conducted games three nights per week, it will be
impossible for them to maintain their current financial status and therefore it
will limit their capabilities to provide activities for the youth. Mr. Barish
further noted that he had not received a copy of the proposed ordinance, but
only became aware of the proposed changes from reading the newspaper and requested
that mail be sent to his organization in the future at 1515 South Sunkist Street,
Anaheim, 92806.
Mayor Thom explained, in response to Mr. Barish, that the City could not arbitrarily
exclude any of those organizations currently permitted under State law to conduct
bingo games from its own ordinance.
Councilman Seymour noted that he had requested copies of the ordinance be mailed to
all existing permit holders. He also voiced concern over a comment made by Mr. Barist~'-
relative to "clean" games which in his mind implies that there are those which might
be otherwise.
Mr. Barish explained that he was referring to some bingo games outside of the City
of Anaheim that used advertising which overly exaggerated the prizes to be given.
Councilman Seymour responded that the Anaheim City Council was the first in Orange
County to permit bingo once the voters decided to legalize it and,they gave their
support because they recognized it to be a method for obtaining financing by non-
profit organizations. He felt, however, that the Council should do something to
protect the "clean" games such as those conducted by the organizations represented
before the Council and to insure that there is no proliferation of any games which
use deceptive advertising or questionable procedures.
Mrs. Pat Bayley, 801 North Loara, spoke in support of the Kingsmen being able to
conduct games five nights per week. She called Council's attention to the fact
that the Kingsmen have brought honor to the City of Anaheim and that they represent
a generation that has been often criticized but is doing a fine job as goodwill
ambassadors. She stated that she hoped they would be able to continue to play
the maximum number of nights they feel necessary to finance their activities.
Mr. William Ehrle, 830 South State College Boulevard, stated that he represents
two organizations, not presently in the City, which would like to rent some form
of administrative headquarters to be able to conduct bingo games for fund raising
purposes. He questioned whether there would be a specified period of time which
the organizations must be established within the City limits and whether there
is any regulation as to the size of the area in which the bingo game is conducted,
and whether it would be possible for an organization to establis~ administrative
offices in the City and rent a structure or hall for conducting bingo games. He
also opposed the restriction to two days per week.
77-986
City Hall, Anaheim, California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
Mr. Hopkins responded that organizations eligible to conduct bingo games would
be those which are charitable and those covered by the Code sections referred to
in the ordinance. He explained that although there are a number of requirements,
it is not necessary that the organization own or lease property for its exclusive
use within the City, however each application would have to be considered individually.
MOTION: At the conclusion of discussion, Councilman Seymour moved that the pro-
posed Ordinance No. 3761 be referred back to the City Attorney's Office for
amendment to provide that bingo games may be conducted five days per week; and
further that some public input be obtained from the organizations currently
conducting bingo games as to what might be included in the ordinance to preclude
fraudulent or misleading advertising of the games, so as to insure "clean" games.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
During further Council discussion, it was ascertained that the proposed annual
$50 licensing fee for bingo games and the restriction on playing only six hours
in any 24-hour period would be agreeable to those organizations represented and
would be included in the revised ordinance.
Councilwoman Kaywood voiced concern regarding the creation of a policing problem
should a number of groups elect to open offices and conduct bingo games in the
City as earlier indicated by Mr. Ehrle and requested that if this does occur
the Council should be made aware of the problem.
ORDINANCE NO. 3762: Councilman Roth offered Ordinance No. 3762 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3762: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (61-62-69(82), ML)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance No. 3762 duly passed and adopted.
ORDINANCE NO. 3763: Councilman Seymour offered Ordinance No. 3763 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3763: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-2, RS-5000)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 3763 duly passed and adopted.
ORDINANCE NOS. 3764 AND 3765: Councilwoman Kaywood offered Ordinance Nos. 3764
and 3765 for adoption. Refer to Ordinance Book.
77-987
~ity Hall~ Anaheim, California - COUNCIL MINUTES - August 30, 1977~ 1:30 P.M.
ORDINANCE NO. 3764: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-52, RS-7200)
ORDINANCE NO. 3765: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-38, RS-7200)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
None
None
The Mayor declared Ordinance Nos. 3764 and 3765 duly passed and adopted.
171: ORDINANCE NO. 3766: Councilman Roth offered Ordinance No. 3766 for adoption.
Refer to Ordinance Book.
ORDINANCE NO. 3766: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A
PROPERTY TAX ON ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM
FOR THE FISCAL YEAR 1977-78. (88¢ per $100 assessed valuation)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Seymour and Roth
Kott and Thom
None
The Mayor declared Ordinance No. 3766 duly passed and adopted.
ANAHEIM HILLS GOLF COURSE TOUR: Councilwoman Kaywood reported that she had toured
the Anaheim Hills Golf Course and the surrounding residential area, last week and
was concerned because of the number of short driveways and open garage doors. She
recalled that the shortened driveways were permitted with automatic garage door
openers in order to provide some flexibility for varying setbacks in these subdivi-
sions, which she does not feel is coming about.
Miss Santalahti explained that measurement of driveway depths on private streets
and accessways will be considered by the Planning Commission at a future work session
as to whether or not these should be included in the ordinance. She reported that to
date no variances had been granted.
140: HASKETT LIBRARY FIFTEENTH ANNIVERSARY: Councilwoman Kaywood reported on attending
the open house at the Haskett Library on Thursday, August 25, 1977, on the occasion
of its 15th Anniversary.
120: COMPLAINT REGARDING TRASH DUMPED ON PRIVATE PROPERTY: Councilwoman Kaywood
reported on a complaint received from a Mrs. Harris relative to private property
near Imperial Highway and Santa Ana Canyon Road on which trash is being dumped.
Miss Santalahti indicated she was aware of the situation and that although the
private property is not currently posted, she would contact the property owner
and request a sign be placed prohibiting dumping and/or entry by unautho-
rized trucks onto private property, and in addition perhaps some restriction on
the dirt access road.
77-988
City Hall~ Anaheim, California - COUNCIL MINUTES - August. 30~ 1977, 1:30 P.M.
RECENT ACTIVITIES: Councilwoman Kaywood reported in addition that she had
attended the Senior citizens Ail States Picnic at which the Kingsmen entertained
and the recent rock concert at the Stadium which was a sell-out with a very orderly
crowd of 55,000 people in attendance.
155: STUDY OF MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT: Councilman Seymour
stated that he is becoming increasingly concerned with the trend to apartment
development on all those left-over, undeveloped parcels of land in the older
portion of the City, i.e., west of the Santa Ana River.
So that the City could be prepared to deal with this situation, Councilman Seymour
proposed that a Planning study be undertaken to investigate and analyze such factors
as whether or not apartments still provide less school age population than single-
family residential units; the cost to the City for municipal services provided
apartment units; what density or type of units tend to improve or deteriorate a
neighborhood and therefore does it make sense to build 4 and 5 story units or
garden-type buildings. Councilman Seymour voiced the opinion that this type of
information would be of benefit to the Council and to the City in making planning
decisions, and therefore would like first a staff response as to what this might
cost, as well as what the Planning Commission's opinion would be as to the value of
such a study.
Assistant City Manager Hopkins suggested that the Planning Department could respond
in 30 days with some idea as to what that type of study might cost.
MOTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the
City Council requested that the Planning Department evaluate the study approach
suggested by Councilman Seymour and return to the Council a cost estimate for
said study. MOTION CARRIED.
175: COMMUNICATION REGARDING PROPOSED SALE OF ELECTRIC UTILITY:. Mayor Thom
introduced Mr. Bill Erickson, 301 East North Street, who presented a written
statement to the Council urging that they consider the sale of the City's
electric utility to Southern California Edison contingent upon: (1) all assets
included in offer from Southern California Edison, (2) the labor force be picked
up by Southern California Edison, (3) the fringe benefits and other benefits the
labor force now have with Anaheim be included in the package deal (said statement
on file in the City Clerk's Office).
RECESS - EXECUTIVE SESSION: By general consent, the Council recess to E~ecutive
Session. (3:10 P.M.)
AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being
present. (3:30 P.M.)
112: LITIGATION - BARTLETT VS CITY OF ANAHEIM: On motion by Councilman Kott,
seconded by Councilwoman Kaywood, the City Council authorized the City Attorney
and Carl Warren and Company to proceed with negotiations in the case of John F.
Bartlett, III vs the City of Anaheim. MOTION CARRIED.
112: LITIGATION - METROPOLITAN WATER DISTRICT: On motion by Councilwoman Kaywood,
seconded by Councilman Kott, the City Council authorized the City Attorney to file
an appeal in the case of the City of Anaheim v$ the Metropolitan Water District.
MOTION CARRIED.
77-989
~ity Hall~ Anaheim, California - COUNCIL MINUTES - August 30~ 1977, 1:30 P.M.
ADJOURNMENT:
the motion.
Councilman Kott moved to adjourn, Councilwoman Kaywood seconded
MOTION CARRIED.
Adjourned: 3:32 P.M.
LINDA D. ROBERTS, CITY CLERK