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1977/05/1777-557 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts STADIUM-CONVENTION CENTER-GOLF DIRECTOR: PLANNING DIRECTOR: Ron Thompson UTILITIES DIRECTOR: Gordon Hoyt ASSISTANT PLANNING DIRECTOR - PLANNING: CITY ENGINEER: James Maddox TRAFFIC ENGINEER: Paul Singer Kaywood, Seymour, Kott, Roth and Thom Tom Liegler Phil Schwartze Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Johnny Carlson of the West Anaheim United Methodist Church gave the Invocation. FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and approved by the City Council: "National Public Works Week" - May 22-28, 1977 "Parliamentary Law Month" - May 1977 "Poppy Days in Anaheim" - May 20 and 21, 1977 PRESENTATION - MOTHER OF THE YEAR: Mrs. Fran Mauck, originator and coordinator of the "Mother of the Year" Award presented the 1977 winner to the Council, Mrs. Kathleen Emard, mother of five children. The winning essay of over 1,000 entries was sub- mitted by Mrs. Emard's ll-year old daughter. Mayor Thom congratulated Mrs. Emard on behalf of the Council and presented her with flowers and a replica of the Big "A". PRESENTATION: Mrs. Margaret Sullivan, member of the Community Services Board, pre- sented the Mayor with a handmade peace symbol she had recently received as a gift but unable to utilize appropriately and further, thanked the Council for the recent dinner honoring members of the various City Commissions, Boards and Committees for their service to the community. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the Anaheim City Council regular meeting held March 29, 1977 were approved,.:as well as the following additions to the minutes of the March 15, 1977 regular meeting as follows: Page 77-297, first paragraph, last line: remove "as stated by Councilwoman Kaywood," and add, "Councilwoman Kaywood's information from other providers was CDS was the best coverage for employees." 77-558 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. Page 77-314, last paragraph: add "He asked if she would, as an individual, favor a small increase in property taxes in exchange for a higher level of service. Mrs. Hall indicated that she absolutely would prefer paying an increase in property taxes if the level of services were the same as prior to the tax cut. The saving of $6.82 is nothing to the homeowners in her area." Page 77-314, last paragraph, last sentence: "Anaheim's $1.05 tax rate was the ninth lowest in the County and currently could be secohd or third at the present 95¢ rate." MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,156,059.61, in accordance with the 1976-77 Budget, were approved. 161: PROJECT AREA COMMITTEE, REVISED BY-LAWS: Mr. William Woods, 4225 East La Palma, Chairman of the Project Area Committee (PAC) explained that PAC had been operating successfully during the past two years under the current guidelines, however, Project Area Committee was of the opinion that revisions were necessary to be more effective. Therefore, Project Area Committee adopted revised By-Laws on April 26, 1977. Mr. Woods also explained that the revisions would retain unto PAC the sufficient amount of responsibility, yet still afford to the Council their authority. On motion by Councilman Seymour, seconded by Councilman Thom, revised by-laws for the Project Area Committee were approved as recommended in memorandum dated April 29, 1977 from Executive Director Norm Priest. MOTION CARRIED. 152 AND 174: FEDERAL CIVIL DEFENSE PROGRAMS~ EXECUTION OF DOCUMENTS: Councilman Roth offered Resolution No. 77R-351 for adoption as recommended in memorandum dated May 11, 1977 from Frank Madden, Disaster Services Coordinator. Refer to Resolution Book. RESOLUTION NO. 77R-351: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN INDIVIDUALS TO EXECUTE DOCUMENTS IN CONNECTION WITH FEDERAL CIVIL DEFENSE PROGRAMS. (W. O. Talley and Frank J. Madden, Jr.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-351 duly passed and adopted. 77-559 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 152 AND 174: SURPLUS PROPERTY: Councilman Roth offered Resolution No. 77R-352 for adoption as recommended in memorandum dated May 11, 1977 from the Disaster Services Coordinator. Refer to Resolution Book. RESOLUTION NO. 77R-352: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DISASTER SERVICES COORDINATOR AND PURCHASING AGENT TO SIGN FOR SURPLUS PROPERTY. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL~MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-352 duly passed and adopted. 150~AND 174: BROOKHURST COMMUNITY BUILDING~ WORK ORDER NO. 881: (EDA Project) On motion by Councilwoman Kaywood, seconded by Councilman Roth, a letter agreement to be signed by the Mayor and the City Clerk with Smith-Emery Company for testing and inspection at the Brookhurst Community Building, Work Order No. 881, was author- ized as recommended in memorandum dated May 11, 1977 from the Assistant City Engineer MOTION CARRIED. ' 174: HUD - 701 COMPREHENSIVE PLANNING GRANT: Councilman Seymour offered Resolution No. 77R-353 for adoption as recommended in memorandum dated May 11, 1977 from the Planning Department. Refer to Resolution Book. RESOLUTION NO. 77R-353: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE CALIFORNIA STATE OFFICE OF PLANNING AND RESEARCH TO PROVIDE PLANNING ASSISTANCE TO THE CITY OF ANAHEIM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY APPLICATION AND AGREEMENTS FOR SAID ASSISTANCE. 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-353 duly passed and adopted. 123: MR. ROBERT KILLION~ ANAHEIM HILLS GOLF COURSE PROFESSIONAL - NEW MASTER CONTRACT: Mr. Tom Liegler, Stadium-Convention Center-Golf Director, briefed the Council on his memorandum received May 11, 1977, relative to the new overall master agreement with Mr. Robert Killion through March 13, 1983 which clearly delineates the responsibilities of both parties. Councilman Kott offered Resolution No. 77R-354 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-354: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR PROFESSIONAL GOLF SERVICES AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Robert Killion) 77-560 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977, 1:30 P.M. 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-354 duly passed and adopted. 123: LEGAL SERVICES PERTAINING TO THE ELECTRICAL UTILITY~ O'MELVENY AND MYERS: Utilities Director, Gordon Hoyt explained that as outlined in his report 'dated May 9, 1977, the Utilities Department wished to retain O'Melveny and Myers as Bond Counsel to advise them regarding the Advisory ballot measure to be sub- mitted relative to the Intermountain Power Project. He also wanted to work with Bond Counsel to prepare a measure subsequently to be submitted to the Council as a Charter Amendment providing for refunding outstanding bonds by the City Council without having to go to a vote of the electorate in the event the market should make it desirable to refund bonds. Councilman Kott asked where the money for the agreements would come from. Mr. Hoyt stated that funds would come from the Utilities Department Budget, basically from Proposition "A". Otherwise, it would come from unappropriated electrical reserve funds. Councilman Kott took issue with the fact that the proposed contract was open-end with no time or money limit. In his opinion, it was one of the worst he had seen and he could not, in good conscience, vote on it until he saw some figures. He contended that since the City had several lawyers representing them in Washington, Seattle, Houston and Attorney Alan Watts in Santa Ana, there had to be an end some- where, and he questioned whether all this activity created lower or higher rates. Mr. Hoyt explained that any money spent ultimatelY came from the people who consumed water or electricity in Anaheim. In this case, they needed the advice of Bond Counsel because they were the people who put their names on any propositions to generate selling Revenue Bonds, expressing an opinion as to an exemption from income tax, both Federal and State. The proposed contract was for services based on an hourly rate to prepare the ballot measure and necessary documents to submit to the Council, which may or may not result in any bond issue at all. If a refunding project was involved, it could result in a Bond issue. Under the conditions he expected, Mr. Hoyt hoped it might reduce rates sometime in the future. Further discussion followed between Councilman Kott and Mr. Hoyt relative to the proposed contract at the conclusion of which, Councilman Kott recommended that Mr. Hoyt confirm the figures that would be involved in the contract and subsequently submit a closed-end agreement or a not-to-exceed figure along with additional data relative to costs involved with other attorneys and consultants working with the Utilities Department. Councilman Seymour stated that he was more concerned over the fact that the Council was being asked to make financial commitments prior to the time they had seen the Budget and he also favored a continuance on the subject matter, as well as the next item to be considered which was an agreement with Economic Sciences Corporation. 77-561 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17, 1977, 1:30 P.M. In answer to Mayor Thom, the City Clerk responded that the City Council, by motion, on April 5, 1977, indicated their intent to call a Special Municipal Election, to be held November 8, 1977, and since it was an off-election year and the County didn't anticipate any elections, there could be no consolidation with the County, thus it cost the City approximately $50,000 to conduct the election. Councilman Seymour conceded that $50,000 was a lot of money, but when considering $600 million, it was inconsequential in ascertaining the will of the people. Mr. Hoyt explained that the proximity of the election dictated the need for some decisions on the amount of interest the Utility Department was going to retain in various projects being studied. In response to questions from the Energy Commission, from his point of view, he dropped the San Joaquin Project from the resource plan and decreased participation in the Intermountain Power Project from 15 percent to about 8 or 9 percent, and the $600 million figure was going to be considerably reduced by election time. It did not mean that users would pay a higher rate as questioned by Councilman Kott. Mr. Hoyt then explained that the project with the best assurance of being constructed was that of San Onofre and although the Intermountain Power Project looked like a viable one, there were uncertainties involved. In answer to Councilwoman Kaywood, Mr. Hoyt confirmed that there'was a possibility of a ballot election on a project such as the Intermountain Power Project that would not be approved by the Federal government. Councilwoman Kaywood was concerned that if $50,000 was to be spent on an election, it should not be completely wasted. Councilman Kott clarified for the benefit of Mr. Hoyt, the audience, press and Council Members that all he was trying to say when he broached other projects, consultants and attorneys, was that it appeared to him that a large cost was being accumulated in studies and the like. Although they were probably necessary if the City was to proceed, he had to know more about the financial direction being taken since he could not sanction continual obligations to the taxpayer. He did not want to see the cost of electricity rise because of these factors. Mr. Hoyt stated the direction he had been following was that indicated by a 2 to 1 vote on Proposition "A" in 1975 wherein the people of the community expressed their interest in saving money on their power bills, as well as investment in ownership in power generation facilities. To that end, he was putting together various resource plans at various points in time which would provide the City its lowest and most reliable source of electricity. Councilman Kott agreed, but pointed out that, in his opinion, Proposition "A" was a sham because the people did not have all facts before them at that time, and he contended if the measure went to the polls today, it would fail if all facts were presented. MOTION: Councilman Kott moved to continue the consideration of a letter agreement with O'Melveny and Myers for legal services in connection wSth financing matters pertaining to the electric utility for two weeks for submission of a report by the Utilities Director on amounts expended for consultants, attorneys and studies dealing with rate matters and power generation and staff expenses incurred therefor, as well as a limit to the amount of the proposed open-end contract with O'Melveny and Myers. Councilman Thom seconded the motion. Councilwoman Kaywood and Councilman Seymour voted "No". MOTION CARRIED. 77-562 City, Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 123: LONG RANGE ELECTRIC DEMAND AND ENERGY CONSUMPTION FORECAST: Mr. Hoyt briefed the Council on his extensive report dated May 9, 1977 relative to the proposed agreement in the amount of $50,000 with Economic Sciences Corporation to produce and deliver a 20-year forecast of electrical demand and energy con- sumption based on econometric and end-use models of the City of Anaheim in accordance with the methodology established by the California Energy Resources Conservation and Development Commission. Mr. Hoyt explained that the funds were included in next year's fiscal budget with no expenditures to be made prior to July 1, 1977. He clarified for Councilman Kott that no one in the Utilities Department had the expertise needed to provide the models which were a series of mathematical equasions. Councilman Seymour stated that since he had not yet seen next year's budget, he did not want to commit $50,000 until he had an opportunity to view the budget. Councilwoman Kaywood offered a resolution authorizing an agreement with Economic Sciences Corporation for services in connection with construction of electrical demand and energy consumption forecasting models, to expire November 1977. The resolution failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kaywood and Roth NOES: COUNCIL MEMBERS: Seymour and Kott ABSTAINED: COUNCIL MEMBERS: Thom 175: UTILITIES DEPARTMENT REORGANIZATION: On motion by Councilman Kott, seconded by Councilman Thom, the recommendation of the Utilities Director and Arthur Young and Company, on the reorganization of the Utilities Department was approved as outlined in memorandum dated May 9, 1977 from the Utilities Director. MOTION CARRIED. 123: ELECTRICAL SYSTEM EXTENSION, BARRE-VILLA PARK 220 KV TRANSMISSION LINE RIGHT-OF-WAY: Councilman Kott offered Resolution'No. 77R-355 for adoption as recommended in memorandum dated May 10, 1977 from the Utilities Director. Refer to Resolution Book. RESOLUTION NO. 77R-355: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR THE PURPOSE OF LOCATING AND MAINTAINING A 12/6.9 KV ELECTRICAL TRANS- MISSION LINE AND SUPPORTING POLES ON EDISON COMPANY EASEMENTS, 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-355 duly passed and adopted. 123: REIMBURSEMENT OF ADVANCES FOR SPECIAL WATER FACILITIES - ORANGE UNIFIED SCHOOL DISTRICT: (Anaheim Hills Elementary School) Councilwoman Kaywood offered Resolution No. 77R-356 for adoption as recommended in memorandum dated May 9, 1977 from the Utilities Director. Refer to ResolUtion Book. 77-563 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-356: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH ORANGE UNIFIED SCHOOL DISTRICT IN CONNECTION WITH THE REIMBURSEMENT OF PRIOR ADVANCES FOR SPECIAL WATER FACILITIES TO SERVE ANAHEIM HILLS ELEMENTARY SCHOOL AND TO AUTHORIZE 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 declar&d Resolution No. 77R-356 duly passed and adopted. 123: CONSULTING SERVICES~ ANNUAL FINANCIAL AUDIT AND FIXED ASSET ACCOUNTING SYSTEM: Councilman Thom offered Resolution No. 77R-357 for adoption authorizing an agreement with Arthur Young and Company to perform consulting services for the Annual Financial Audit and Fixed Asset Accounting Systems to expire October 31, 1977. Refer to Resolution Book. RESOLUTION NO. 77R-357: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH ARTHUR YOUNG AND COMPANY TO PERFORM CONSULTING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott and Thom NOES: COUNCIL MEMBERS: Roth ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-357 duly passed and adopted. 164: WORK ORDER NO.' 1273, TIMKEN ROAD/COYOTE LANE SEWER IMPROVEMENT: Councilman Kott offered Resolution No. 77R-358 for adoption rejecting all bids on the subject Work Order, as recommended in memorandum dated May 11, 1977 from the Assistant City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-358: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 28TH DAY OF APRIL, 1977, FOR THE TIMKEN ROAD/COYOTE LANE SEWER IMPROVEMENT, WORK ORDER NO. 1273. 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-358 duly passed and adopted. 77-564 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 169: AWARD OF WORK ORDER NO. 806-A, GRAND AVENUE STREET IMPROVEMENT: Councilman Roth offered Resolution No. 77R-359 for adoption in accordance with the recommenda- tions of the Assistant City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-359: 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: GRAND AVENUE STREET IMPROVEMENT, LINCOLN AVENUE TO DEL MONTE DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 806-A. (Silveri & Ruiz Construction Company, $15,347.45) 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-359 duly passed and adopted. 169: AWARD OF WORK ORDER NO. 807-B~ KATELLA AVENUE STREET IMPROVEMENT: Council~ woman Kaywood offered Resolution No. 77R-360 for adoption in accordance with the recommendations of the Assistant City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-360: 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: KATELLA AVENUE STREET IMPROVEMENT, W/O NINTH STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 807-B. (Silveri & RuiZ Construction Company, $22,479.75) 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-360 duly passed and adopted. 150: AWARD OF WORK ORDER NOS. 851 AND 868~ RIO VISTA AND JUAREZ PARK: Council- woman Kaywood offered Resolution No. 77R-361 for adoption in accordance with the recommendations of the Assistant City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-361: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPO9AL 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: PARK BUILDINGS AT: RIO VISTA PARK - - - WORK ORDER NO. 851 AND JUAREZ PARK - - - WORK ORDER NO. 868. (R. J. W. Construction Company, $66,558 and $65,308, respectively) 77-565 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 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-361 duly passed and adopted. 150: WORK ORDER NO. 845~ SCHWEITZER PARK: Councilman Roth offered Resolution No. 77R-362 for adoption as recommended in memorandum dated May 9, 1977 from the Assistant City Engineer. Refer to Resolution 'Book. RESOLUTION NO. 77R-~362: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M., ON THE 5TH DAY OF MAY, 1977, FOR PARK BUILDING AT SCHWEITZER PARK, WORK ORDER NO. 845. 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-362 duly passed and adopted. Councilwoman Kaywood requested staff to expedite the project as soon as possible. 160: PURCHASE OF EQUIPMENT - TWO ADDITIONAL 500 KVA PAD MOUNTED TRANSFORMERS - BID NO. 3206: Councilman Kott questioned whether or not General Electric was the low bidder. City Manager Talley explained they were the low bid from a prior bid opening and General Electric agreed to supply two additional units at the same price at the request of the Electrical Division since the developer indicated the need for two additional units. Councilman Kott noted from the tabulation sheet that General Electric was not the lowest bid on the prior bid. Mr. Talley further explained that although they ware met th~ lowest direct bid, when award was made on April 5, 1977, Council was provided with an evaluation showing the total operating cost in the purchase price which collectively made General Electric the low bid and that evaluation could be provided again if necessary. On motion by Councilman Thom, seconded by Councilman Roth, the low bid of General Electric was accepted and purchase authorized in the amount of $8,306.16, including tax, as recommended in memorandum dated May 6, 1977 from the Purchasing Agent. Councilman Kott voted "No". MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Roth, seconded by Councilman Thom, Application for Solicitation of Charity Funds submitted by Double Check Retreat for telephone solicitation of reuseable household items during May and June, 1977, was approved. MOTION CARRIED. 77-566 City Hall, .Anaheim, California - COUNCIL MINUTES - May 17, 1977~ 1:30 P.M. RECLASSIFICATION NO. 66-67-60, EXTENSION OF TIME: Submitted by D. L. Lewis, Atlantic Richfield Company, requesting an extension of time to Reclassification No. 66-67-60, proposed ML zoned property located at 1900 Crescent Avenue. Councilman Kott stated he would have to vote "No" on the request because the retro- activity reverted back to 1967. Councilman Seymour pointed out that Councilman Kott was perhaps not aware that by voting "No", he was denying the City an opportunity to gain 350 jobs initially with an ultimate potential of 1,000 jobs, and the company involved was Anaconda with whom Councilman Seymour had communicated. Councilman Kott contended that if they had not performed in ten years, there was no guarantee they would do so at this time. Mr. Ron Thompson, Planning Director, explained that the reclassification was initiated by the Planning Commission in 1967 to bring that portion of the property, consisting of approximately 27 acres, into conformance with the existing land use, zoning and the General Plan. As pointed out in report dated May 11, 1977 from Miss Santalahti, the legal description of the required dedication was unclear and, therefore, the ordinance was never read. The retroactive extension would bring the property into conformance and the total cost of so doing would be minimal since it only involved rewording of the legal description for 5 feet of dedication of right-of-way along Crescent Avenue. On motion by Councilman Seymour, seconded by Councilman Roth, extension of time to Reclassification No. 66-67-60 was approved, retroactive to November 30, 1967, to expire May 17, 1978, as recommended in memorandum dated May 11, 1977 from the Planning Department, Zoning Division. Councilman Kott voted "No". MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, 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 Robert E. Heinrich for personal injuries purportedly sustained as a result of falling off a bicycle caused by heavy duty power cord in the 400 block of South Philadelphia on or about April 8, 1977. b. Claim submitted by Frank E. Milne for personal damages purportedly sustained as a result of his false arrest by the Anaheim Police on or about March 18, 1977. c. Claim submitted by Ann Collier for vehicle damages purportedly sustained as a result of an accident involving a city-owned vehicle on or about May 4, 1977. 77-567 City Hall, Anaheim, California - COUNCIL MINUTES - May 17, 1977~ 1:30 P.M. 2. 108: DINNER DANCING PLACE PERMIT AND PRIVATE PATROL APPLICATIONS: The following applications for permits were approved in accordance with the recommendations of the Chief of Police: a. Dinner Dancing Place Permit to allow dancing Sunday through Saturday at the Beach Ball Inn, 1215 South Beach Boulevard, from 9:00 p.m. to 1:30 a.m. (Olga Esther Rodriquez, applicant) b. Private Patrol Application for Contemporary Security, 10234 Norwich Avenue, Mission Hills, to provide security service and special ushers. (Damon Ray Zumwalt, applicant) 3. CORESPONDENCE: The following correspondence was ordered received and filed: a. 173: Public Utilities Commission of the State of California, Notice of Hearing, Application No. 57098 of William C. Howell, dba ALL-CAL Tours, for certificate of public convenience and necessity to operate as a passenger stage corporation for sightseeing and special events between Santa Rosa and certain points in California. h. 107: Monthly ~report for April, 1977 - Building. c. 105: Community Center Authority - Minutes of May 2, 1977. d. 105: Community Redevelopment Commission - Minutes of April 27, and May 4, 1977. e. 175: Monthly report for March, 1977 - Electrical. f. 105: Hill and Canyon Municipal Advisory Committee - Minutes of May 3, 1977. g. 105: Project Area Committee - Minutes of April 26, 1977. 4. 169: WORK ORDER NO. 896 - CHANGE ORDER NO. 1: Hancock Place Street Improve- ment, north of La Palma Avenue, Change Order No. 1 in the amount of $4,983, R. J. Noble, contractor. MOTION CARRIED. RESOLUTION NOS. 77R-363 THROUGH 77R-370: Councilman Seymour offered Resolution Nos. 77R-363 through 77R-370, 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. 77R-363: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Lola B. Pourchot; Lydia Berger; Borden A. Schrader, et al.; Robert Farren Adams, et ux.; Parkwood Village; John C. Martens, et ux.; Rodolfo Miranda et ux.) 167: RESOLUTION NO. 77R-364: 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: INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF STATE COLLEGE BOULEVARD AND WAGNER AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 785-A. (Trend Equipment Corporation) 77-568 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 167: RESOLUTION NO. 77R-365: 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: THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTIONS OF LA PALMA AVENUE AND TUSTIN AVENUE AND KRAEMER BOULE- VARD AND LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 793-B. (C. T. & F.) 150: RESOLUTION NO. 77R-366: 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: SCHWEITZER PARK PROPERTY LINE WALL IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 845. (Granstrom Fence Construction) 176: RESOLUTION NO. 77R-367: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO ABANDON A PORTION OF EMILY STREET AND FIXING A DATE FOR A HEARING THEREON. (76-4A) (Public Hearing, June 7, 1977, 3:00 P.M.) 176: RESOLUTION NO. 77R-368: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (76-16A) (Public Hearing, June 7, 1977, 3:00 P.M.) 176: RESOLUTION NO. 77R-369: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (76-17A) (Public Hearing, June 7, 1977, 3:00 P.M.) 170: RESOLUTION NO. 77R-370: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT TO LOT LINE ADJUSTMENT PLAT MARKED EXHIBIT "A" AND ATTACHED HERETO ON SUNKIST STREET AND BALL ROAD IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-363 through 77R-370, both inclusive, duly passed and a~opted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held April 25, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilman Seymour, the City Council authorized the actions pertaining to the following environmental impact require- ments as recommended by the City Planning Commission and took no further action on the following applications (Item Nos. 1 through 8): 77-569 ~.~ty Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning appli- cations fall within the definitions of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file an EIR: Variance No. 2927 Variance No. 2928 2. VARIANCE NO. 2927: Submitted by Mira-Loma Associates, to establish a real estate office on ML zoned property located at 1270 Sunshine Way with code waiver of permitted uses. City Planning CommiSsion Resolution No. PC77-94 granted Variance No. 2927. 3. VARIANCE NO. 2928: Submitted by James M. and Marion R. Keeler and John W. and Kerry D. Keeler, to establish an auto painting facility on CG zoned property located at 250 North Manchester Avenue with code waiver of permitted uses. City Planning Commission Resolution No. PC77-95 granted Variance No. 2928 for three years subject to review by the City Planning Commission. 4. VARIANCE NOS. 2688 AND 2828 - EXTENSION OF TIME: Submitted by Ted Todoroff for an extension of time to Variance Nos. 2688 and 2828 to legally establish two outdoor automobile hoists at an automobile repair facility located on CG zoned property located at the southwest corner of La Palma Avenue and Anaheim Boulevard. The City Planning Commission approved extension of time to Variance Nos. 2688 and 2828 to expire March 31, 1982. 5. CONDITIONAL USE PERMIT NO. 1508 - EXTENSION OF TIME: Submitted by Clyde C. Carpenter for an extension of time to Conditional Use Permit No. 1508 to permit an automobile service station with certain code waivers on CL zoned property located on the east side of Anaheim Hills Road, north of Nohl Ranch Road. The City Planning Commission denied an extension of time to Conditional Use Permit No. 1.508. 6. VARIANCE NO. 2824 - REVISED PLANS: Submitted by John E. Weberg for approval of revised plans to construct a second free-standing sign with certain code waivers on CL zoned property located at 1287 East Lincoln Avenue. The City Planning Commission approved revised plans for Variance No. 2824. 7. RECLASSIFICATION NO. 76-77-13 - SPECIFIC PLANS: Submitted by Gipsy Bergstrom of J. H. Hendrick and Company requesting approval of specific plans to establish a 9-unit condominium complex on RM-4000 zoned property located on the north side of Ball Road, east of Beach Boulevard. The City Planning Commission approved the specific plans for Reclassification No. 76-77-13.~ 77-570 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 8. REQUEST FOR INITIATION OF GENERAL PLAN AMENDMENT PROCEEDINGS: 1) Proposed evaluation for area north of Sycamore Street, generally west of East Street to The Atchison, Topeka & Santa Fe Railroad, 2) Proposed study for the area at the southwest corner of Lincoln Avenue and Rio Vista Street extending westerly to the Orange (57) Freeway and 3) For a Safety Element to the Anaheim General Plan. The City Planning Commission determined that Item 1 would not be scheduled for a General Plan Amendment study during the year 1977; Items 2 and 3 were scheduled for public hearings on June 20, 1977. MOTION CARRIED. VARIANCE NO. 2929: Submitted by Anthony J. and Mary E. Nieto, to construct a three-room addition on RS-7200 zoned property located at 1958 West Chanticleer Road with code waivers. Councilman Seymour requested that Variance No. 2929 be set for a public hearing. RECLASSIFICATION NO. 59-60-105 AND CONDITIONAL USE PERMIT NO. 1518 - REQUEST FOR TERMINATION: Requested by Irvine B. Margolese, Mini-Skools, Ltd., for termination of Reclassification No. 59-60-105 and Conditional Use Permit No. 1518 to permit an infant day-care and preschool facility on proposed CL zoned property located be- tween Topanga Drive and Harding Avenue, south of Lincoln Avenue.~ Termination is a conditon of approval of Reclassification No. 76-77-42 for the subject property. Councilwoman Kaywood offered Resolution No. 77R-371 for adoption terminating Reclassification No. 59-60-105 and Resolution No. 77R-372 for adoption terminating Conditional Use Permit No. 1518, as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-371: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NO. 59-60-105. RESOLUTION NO. 77R-372: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1518. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-371 and 77R-372 duly passed and adopted. CONDITIONAL USE PERMIT NO. 603 - REQUEST FOR TERMINATION: Request by C. F. Quinette for termination of Conditional Use Permit No. 603 to permit operation of an existing service station on property located at the southwest corner of Broadway and Magnolia Avenue. Termination is a condition of approval of Conditional Use Permit No. 1672. Councilman Roth offered Resolution No. 77R-373 for adoption terminating Conditional Use Permit No. 603, as recommended by the City Planning Commission. Refer to Resolu- tion Book. 77-571 City Hall~ Anaheim~ California - COUNCIL MINUTES - Ma7 17~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-373: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 603. 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-373 duly passed and adopted. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, it was determined by the City Council that the filing of Grading Plan No. 607 for 567 Cerro Vista Way is exempt from the requirement to prepare an Environmental Impact Report, as recommended by the City Planning Commission, pursuant to the provisions of the California Environmental Quality Act because the initial study indicates the project will involve only minor grading as mitigated by conformance with City Standards and Policies. MOTION CARRIED ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, it was determined by the City Council that the filing of Parcel Map No. 635 for 2475 West La Palma Avenue is exempt from the requirement to prepare an Environmental Impact Report as recommended by the City Planning Commission pursuant to the provisions of the California Environmental Quality Act because the initial study indicates that the project is compatible with City plans, ordinances and surrounding land uses and no sensitive environmental elements are involved. MOTION CARRIED. ORDINANCE NO. 3696: Councilman Thom offered Ordinance No. 3696 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3696: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 1394 BY DELETING CONDITION NO. 1 THEREOF RELATING TO ZONING. (58-59-31) 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. 3696 duly passed and adopted. ORDINANCE NO. 3697 AND 3698: Councilman Roth offered Ordinance Nos. 3697 and 3698 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3697: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-9(6), CL) ORDINANCE NO.'3698: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-44, RM-2400) 77-572 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. 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. 3697 and 3698 duly passed and adopted. ORDINANCE NOS. 3699 AND 3700: Councilwoman Kaywood offered Ordinance Nos. 3699 and 3700 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3699: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO gONI~G. (parking restrictions on Anaheim Hills Road, Canyon Rim Road, Fairmont Boulevard, Lakeview Avenue, Nohl Ranch Road, Villa Real Drive, Royal Oak Road, Serrano Avenue and Walnut Canyon Road) ORDINANCE NOd 3700: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-36(2), RM-2400, Tract No. 8795) 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. 3699 and 3700 duly passed and adopted. ORDINANCE NO. 3701: Councilman Seymour offered Ordinance No. 3701 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3701: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-2, CL) 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. 3701 duly passed and adopted. ORDINANCE NOS. 3702 THROUGH 3704: Councilman Thom offered Ordinance Nos. 3702 through 3704, both inclusive, for first reading. ORDINANCE NO. 3702: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (65-66-24(22), ML) ORDINANCE NO. 3703: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(3), RS-HS-10,000, Tract No. 9465) 77-573 .City Hall, Anaheim? California - COUNCIL MINUTES - May 17, 197'7, 1:30 P.M. ORDINANCE NO. 3704: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-3, RM-1200) RECESS: By general consent, the City Council recessed until public hearing time at 3:00 p.m. (2:40 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - MOTOR FUEL PRICE SIGNS: To consider adopting an ordinance governing motor fuel price signs. The Mayor redognized Mr. Irving Willing who had written the Council requesting adoption of an ordinance requiring the posting of motor fuel price signs. Mr. Irving Willing, 807 South Gilbert, stated that gasoline stations should post ail of their prices so that the motorist would know what he was going to pay for gasoline. His ongoing interest in this area was whetted by three news articles in the Los Angeles Times: (1) March 28, 1977, "Posting Laws Hold Gasoline Prices Down"; (2) An editorial in the Los Angeles Times written regarding the March 28, 1977 article indicating that price posting was one of the good things that came from the Arab Oil Embargo having a long-term effect of keeping prices competitive and, (3) A May 11, 1977 article in the financial section, "Study Finds Consumers Pay More For Transportation Than Food." Mr. Willing read all three articles which emphasized, in essence, that price posting, in the final analysis, was beneficial to the consumer. He then concluded that if the enactment of such a law could hurt anyone, it could only hurt those overly enthusiastic gas station dealers whose questionable business practices ensnared the unwary motorists. The Mayor asked if anyone wished to speak endorsing Mr. Willing's position. Mrs. Dorothy Willing, 807 South Gilbert, explained that before some of the Council Members were elected, they were questioned as to how they felt about posting fuel prices and the indication was favorable. Since then, however, nothing had happened. Also, she stated that she knew of some Council Members who would be in favor but were concerned about enforcment if such a law were passed. She contended that no law could be more easily enforced by the motorists themselves without any follow-up by the Police Department simply by speaking to the station owner when no sign was posted. Such questioning would bring about immediate posting. The Mayor asked if any further persons wished to speak either in favor or in opposition. Mr. Ken Denning, Community Relations Representative, Western Oil and Gas Associa- tion, stated that he was not present to oppose but wanted to point out that the price fluctuation about which Mr. Willing spoke were essentially a result of FDA and Federal government regulations in existence since 1972. Relative to enforce- ment costs, he briefed the Council on the present situation in the City and County of Los Angeles wherein differing criteria existed, and reported that the State, al- though making price posting voluntary, also had certain guidelines explaining what 77-574 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 19.77~ 1:30 P.M. was not allowed. He further explained that when Los Angeles chose to more aggressively enforce price posting, 11 inspectors were placed in the field from the City Attorney's Office, 17 from the Bureau of Consumer Affairs and the police, as well as building inspectors, were also involved. Not only was there the consideration for equality in price posting from the street to the pump, but also likewise, sign size and sign placement criteria, all of which contributed an horrendous enforcement task. Mr. Denning mentioned the foregoing as precautions for Council and staff. He also clarified for Mrs. Willing that if a price posting ordinance were adopted, it would not give any equilibrium in prices from one station to another. Councilwoman Kaywood asked if there was any one written ordinance that would apply to all of the items he mentioned and yet be an effective one. Mr. Denning stated that no one individual ordinance provided an ideal set of criteria or regulations. Mr. Joseph Conrad, 1100 West Ball Road, explained that initially he was present just to gather informmtion although he had opposed the possibility of such an ordinance twice before and at the County level as well. He stated that he posted prices at his station which he considered a one-half cent saving although he questioned this saving if in the long run it would cost more to enforce the measure. He stressed his opposition to any restriction and took issue with the inference that service stations were gouging the public. He then outlined the profit margin under which dealers operated, which margin was the same for the past ten years. He concluded that he would have to oppose any more infringement upon the indepen- dent businessman and service station operator in the City. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilwoman Kaywood explained that she received a call from a Mr. John Sicialiani, who owned a Chevron station and asked that she point out that oil companies had a double standard in that they sold gasoline to the independent stations 8 to 10 cents less. She maintained if that were true, then it should be a matter for further in- vestigation. Mr. Conrad confirmed that, in fact, what Mr. Sicialiani alleged was a true state- ment. In answer to Councilman Seymour, Councilman Roth stated the reason he requested a public hearing on the matter was not that he supported the concept, but it was done at the request of Mr. Willing and as a resident of Anaheim he (Willing) had a right to state his case before the Council. Councilman Roth stressed that he considered it a distinct right of the constituency to be able to do so. Councilwoman Kaywood expressed concern over the past proliferation of gas stations in Anaheim and subsequent unusual uses when stations closed, as well as the abundance of self-service stations not providing even minimum service. She favored price posting on a voluntary basis, but was not in favor of excessive signing. 77-575 City Hall~ Anaheim, California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. Councilman Seymour first commended Mr. Willing for his role in being instrumental in recommending that fuel prices be posted while serving on the Grand Jury in Orange County. He also recalled a question asked of himself and other Council Members at the time of campaigning for office. His statement then was if the situation again arose as in 1973 when there were long lines waiting at gas stations and customers were ultimately gouged when arriving at the pump, then he would support price posting for consumer protection. To do so now without extenuating conditions, however, would tend to drive the small independent businessman out of business. After presenting examples of how this could occur, Councilman Seymour thereupon offered a motion that the City not adopt any ordinance governing motor fuel price'posting. Councilman Roth seconded the motion. MOTION CARRIED. PUBLIC HEARING - CONFLICT OF INTEREST CODE: To consider adoption of a Conflict of Interest Code for the Community Center Authority. The Mayor asked if anyone wished to be heard relative to the consideration of the adoption of a Conflict of Interest Code for the Community Center Authority.. There being no response, he closed the public hearing. Councilman Roth offered Resolution No. 77R-374 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-374: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONFLICT OF INTEREST CODE OF THE COMMUNITY CENTER AUTHORITY OF THE CITY OF ANAHEIM. 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-374 duly passed and adopted. 111: CARROUSEL OF ANAHEIM: Councilwoman Kaywood announced as a reminder that the Carrousel of Anaheim was being held May 19, 20, and 21, 1977 at the Anaheim Convention Center with free admission and parking. 120: NO SMOKING IN CITY HALL AND ALL PUBLIC BUILDINGS: Councilwoman Kaywood stated she had received a letter from Mrs. Mary Trevathan asking that she be permitted to speak on the smoking issue. Mrs. Trevathan, 1335 South Magnolia, explained that she was interested in and had been following the City's reaction to the no smoking issue. Consequently she had contacted Mrs. Dean Olsen to obtain her view points as well as religious leaders and many members of the community. She then read a petition (not sub- mitted) in opposition to smoking in the Council Chamber and public buildings signed by residents and Community members of Anaheim which concluded by stating that the petition was motivated solely for the health and safety of the citizens 77-576 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17~ 1977~ 1:30 P.M. of Anaheim and the general public. She also obtained another petition signed by many who did not live in the City but who were also concerned about the issue. Mrs. Trevathan explained that she was also speaking in opposition on behalf of the Lung Association, American Heart Association and the American Cancer Society and read a letter from Betty Richards, a volunteer for the Cancer Society at her request. Mr. Leach, one of the Board of Directors of the Society, asked that she relay to the Council that he contracted cancer as a direct result of cigarette smoking. Mrs. Trevathan also contacted Senator John Briggs' office relative to the legality of smoking in public buildings, as well as the City Attorney. She thereupon read an excerpt from AB-2291 which became effective April 1, 1977 requiring that publicly owned buildings in which public business is conducted providing participation by the general public, be posted wherein the smoking of tobacco is prohibited while a public meeting is in process. She also contacted the Director of Environmental Health Services of the Health Department of Orange County, who indicated Anaheim, even though a Charter City, must abide by the California Health and Safety Code, of which AB-2291 was now a part. The Bill also provided, however, that the requirement could be waived by a public body with respect to its own members, providing the rights of non-smoking members were not adversely affected. The Mayor stated that he concurred with much of what Mrs. Trevathan stated and he considered it appropriate for the City Council to abide by AB-2291 and post the Chambers and public buildings in a segregated manner for smokers and non-smokers. The matter had been discussed in the past and now that it was law, the City should and must comply. MOTION: Councilwoman Kaywood, recalling the previous discussion, stated that it was determined at that time that the Council Chamber was so small and the ventilation so pour that such a segregation would be of no help. She thereupon moved that there be no smoking at all in the Council Chamber. The motion died for lack of a second. Discussion followed revolving around the several alternatives for segregating the Chamber at the conclusion of which staff was directed to determine what could most efficiently be accomplished to conform with AB-2291. 120: NO SMOKING ISSUE: Councilman Seymour commented on the points Mrs. Trevathan made relative to the waiver provision in AB-2291. It was his opinion that cigarette smoking by the Mayor did not cause hazard to health, but a great deal of irritation to Councilwoman Kaywood, and justifiably so. On the other hand, cigar smoking did cause a health hazard in that it made Councilwoman Kaywood physically ill. As long as no cigar smoking was permitted from the Council bench, he was not in favor of restricting cigarette smoking unless it should become or have the same effect as cigar smoking. He also supported segregation of the Council Chamber to give non-smokers their rights. VARIANCE NO. 2929: Councilman Seymour explained that the reason he set Variance No. 2929 for public hearing was the fact that the Planning Commission denied the request, as far as he could determine, as a result of a State Supreme Court decision relative to a case in Topanga Canyon, Topanga Association for a Scenic Community versus the County of Los Angeles, which challenged the grounds under which variances could be granted. In Anaheim, it was his experience that City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17, 1977~ 1:30 P.M. 77-577 99 percent of the requests for typical room additions, patios, and add-ons received almost rubber-stamp approval as long as there was no major confronta- tion in the neighborhood or serious violation of City standards, a procedure that was now being denied the citizens of Anaheim. He explained further that people in the City who purchased property with a room addition, thereby necessi- tating a building permit, when time came to sell, it would subsequently be denied as not meeting site development standards. The owner would then be forced to tear down the addition and lose property value, as well as the investment made. Councilman Seymour thereupon moved that the City Attorney be instructed to draft a new ordinance permitting the approval of room addition variances as in the past as long as they conformed to the ordinance. Councilman Thom seconded the motion. MOTION CARRIED. 105: APPOINTMENT OF ROBERT A. LINN AS PLANNING COMMISSIONER - CLARIFICATION: Councilman Kott explained that at the meeting May 10, 1977 he made a motion to appoint Robert A. Linn to the City Planning Commission which was subsequently approved, but at the time he overlooked including in the motion that not only was the appointment to fill the unexpired term of Richard A. Morley, expiring June 30, 1977, but also reappointment to a new 4-year term through June 30, 1981. He thereupon moved to clarify his May 10, 1977 motion to include reappointment of Mr. Linn to a 4-year term. Councilman Thom seconded the motion. Before a vote was taken, Councilwoman Kaywood asked staff if the proposed motion was a legal one. City Attorney Hopkins confirmed that it was legal under the circum- stances. Councilman Seymour stated that he had no cause against renewing Mr. Linn's term on June 30, 1977 but he was at a loss to understand the unusual process since, if Commissioner King's term expired on that date, why Mr. Linn's reappointment could not also be taken in order. He was concerned about the precedent being created. The Mayor stated that it was not a precedent and it had been done in the past when he was appointed to ~the Commission approximately 4 weeks before the expiration of an unexpired term and the same procedure was followed. A vote was taken on the foregoing motion and carried by the following vote: AYES: NOES: COUNCIL MEMBERS: Seymour, Kott and Thom COUNCIL MEMBERS: Kaywood and Roth 109: ENFORCEMENT AND ADDITION TO MOTOR VEHICLE CODE: Councilman Kott explained that he received a complaint regarding a traffic accident wherein the driver ran a red light and drove into the side of another car. The driver who did so did not have any insurance and was not able to speak, read or write English. Councilman Kott consequently consulted with the City Attorney relative to the California Vehicle Code and basically what he was asking of the Council was a resolution to send to the Legislature asking them to enforce that portion of the Vehicle Code stating that those who are unable to read and understand simple English, using highway and directional signs, should not be issued a license and, as well, that all people who bear licenses should present evidence of insurability, at least financial coverage. 77-578 City Hall~ Anaheim~ California - COUNCIL MINUTES - May 17, 1977~ 1:30 P.M. Discussion followed between Council Members Kaywood and Roth and City Attorney Hopkins revolving around clarification of the Vehicle Code as it pertained to financial accountability, recourse relative to drivers involved in an accident with no license and enforceability of the provision for reading and understanding simple English. On motion by Councilman Kott, seconded by Councilman Roth, staff was instructed to prepare a resolution to send to the Legislature and other cities requesting enforcement of that portion of the Vehicle Code requiring that drivers be able to read and understand simple English and present financial bonding ability before licenses are issued. Councilwoman Kaywood abstained. MOTION CARRIED. 105: RESIGNATION OF ESTHER UNGER FROM COMMUNITY SERVICES BOARD: Councilman Roth explained that as indicated in letter received from Esther Unger, one of his appointees to the Community Services Board, she resigned from the Board due to her work schedule. He thereupon moved that Mrs. Unger's resignation be accepted with regret, that the vacancy be posted in the City Clerk's Office and the Public Information Officer be instructed to prepare a news release announcing the vacancy and soliciting applications for the position from interested Anaheim residents. Councilman Thom seconded the motion. Before a vote was taken, the City Clerk explained that the vacancy had been posted as of May 16, 1977 and the P10 notified accordingly. Councilwoman Kaywood was of the opinion that there were qualifications and limitations on prospective members of the Community Services Board; Councilman Roth stated that Executive Director Norm Priest informed him there were no restrictions. City Attorney Hopkins stated that he would investigate the matter and report his findings. A vote was taken on the foregoing motion. MOTION CARRIED. .REQUEST FOR REHEARING ON CONDITIONAL USE PERMIT NO. 1697: On motion by Councilman Thom, seconded by Councilman Kott, request from Mr. Carl Younkin (dba The Sting) for a rehearing on Conditional Use Permit No. 1697 denied by the Council on May 10, 1977, was approved subject to a $50 fee to help defray legal notification require- ments. Councilman Seymour voted "No". MOTION CARRIED. 105: RATIFICATION OF APPOINTMENT OF SHIRLEY MOSS TO COMMUNITY SERVICES BOARD: On motion by Councilman Thom, seconded by Councilwoman Kaywood, the appointment of Mrs. Shirley Moss to the Community Services Board was ratified since at the time of appointment, April 5, 1977, the vacancy had not been posted. MOTION CARRIED. 172: REQUEST FOR CROSSING GUARD AT THE INTERSECTION OF IMPERIAL HIGHWAY AND NOHL RANCH ROAD: Mayor Thom referred to letters dated May 12, 1977 received from the Westridge Homeowners Association and Ms. Harriett Bakenhus, Principal of Imperial Elementary School. He stated that Mrs. Janice Hall requested that she be allowed to supplement the letters by a verbal presentation. 77-579 City Hall~ Anaheim~ California- COUNCIL MINUTES- May 17~ 1977~ 1:30 P.M. Mrs. Janice Hall, President of Westridge Homeowners Association, 545 Tumbleweed Road, explained that not only the Association but also representatives from Imperial School met with Traffic Engineer Paul Singer after school started relative to the intersection of Imperial Highway and Nohl Ranch Road. Since it was determined that a crossing guard could not be provided, the Principal asked that a flag system be investigated to somewhat mitigate the dangerous situation at the intersection for children trying to cross the highway. Mrs. Hall stated that Association had additional funds they wanted to donate to the school for this purpose but before so doing decided to petition the Council one more time for a crossing guard. She noted that there were many women in the audience who could enlighten the 'Council to some of the real problems at the corner. Mrs. Virgine. Walker, 410 Torrey Pines Circle, representing many families in the area, as well as the Westridge Homeowners Association, stated the following: (1) Approximately 200 students would be walking to Imperial School down to the age of five. (2) The kindergarten teacher at Imperial Elementary School took it upon himself to walk his class across the intersection at the end of school because the highway was unsafe for them to cross unattended. (3) Imperial Highway and Anaheim Hills Road were the only access roads to the Anaheim Hills area. Because Imperial was such a wide highway (4 lanes), the children when crossing ran across the first half to the middle and then darted across the rest of the roadway. Al- though a left-turn lane was installed into the school, no provisions were made for "U" turns thus, many "U" turns were being negotiated at the subject intersection. (4) Imperial Highway was the only access to Canyon High School and many students drove at excessive speeds on that road. (5) As a result of recent approval of a large hillside development of over 220 houses from Imperial to Anaheim Hills Road, development would again be in the area for approximately another 2 to 3 years with resultant grading construction traffic, which traffic would cross at the subject intersection. Ms. Harriett Bakenhus, 1044 East Maplewood Place, Orange, Principal, conceded that while the request was not within the City's normal regulations, the situation was such that it required assistance to preclude injury to the school children. In answer to Mayor Thom, Traffic Engineer Paul Singer agreed that a crossing guard was needed at the intersection to aid pedestrians and relieve the concern of the parents and the only constraint was a budgetary one. MOTION: The Mayor stated he personally considered the request one of the more basic things the Council could grant as much as was financially possible to give reassurance to the parents to see that their children were being protected when crossing the street. He thereupon moved to provide a crossing guard at the Imperial Highway and Nohl Ranch Road intersection. Councilwoman Kaywood seconded the motion. Councilman Seymour agreed and considered it justified thatzaerossing guard should be provided, considering the construction of the intersection and its hillside aspects. In answer to Councilman Roth, Mr. Singer and City Engineer Maddoxexplained that the intersection would eventually be signalized and that it was an approved AHFP project involving the widening of Nohl Ranch Road from Villa Real to Anaheim Hills Road to 4 lanes with signalization at the subject intersection scheduled to be com- pleted by the 1978 school year. 77-580 City Ha!l~ Anaheim~ California- COUNCIL MINUTES- May 17~ 1977~ 1:30 P.M. A vote was taken on the foregoing motion. MOTION CARRIED. 120: NO SMOKING ISSUE: Mrs. Judy (Dean) Olsen, 909 Echo Place, questioned Mayor Thom relative to a comment he made on her letter of April 29, 1977, as well as requests made of him in her letter of May 2, 1977, both relative to the no-smoking issue, and her request for his public apology. The Mayor acknowleged Mrs. Olsen's questions, but su~anarily moved on to the next item. RECESS - EXECUTIVE SESSION: By general consent, the Council moved to recess into Executive Session. (4:35 P.M.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:51 P.M.) ADJOURNMENT: Councilman Seymour moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 4:51 P.M. LINDA D. ROBERTS, CITY CLERK