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1977/08/23 77-956 City Hall~ Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. P~SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins DEPUTY CITY CLERK: Leonora N. Sohl CITY ENGINEER: James Maddox UTILITIES DIRECTOR: Gordon Hoyt STADIUM-CONVENTION CENTER-GOLF DIRECTOR: REDEVELOPMENT MANAGER: Bob Lyons ASSISTANT PLANNING DIRECTOR FOR ZONING: Kaywood, Seymour, Kott, Roth and Thom Tom Liegler Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. MDMENT OF SILENCE: Prior to the Invocation, Mayor Thom requested a moment of silent prayer be observed in memory of the three children who were recently killed as a result of a tragic fire in Anaheim. INVOCATION: Reverend Charles Hughes of the First Baptist Church gave the Invocation. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 135: GRAND OPENING OF THE RESTAURANT AT ANAHEIM HILLS GOLF COURSE CLUB HOUSE UNDER N~WMANAGEMENT (GARCIA): Mr. Liegler introduced Mr. John Garcia, the new proprietor of t~e Club Rouse Restaurant at Anaheim Hills Golf Course and Mr. Huskwitz, a magician who will entertain at the grand opening planned for August 30, 1977. The Council Members and representatives of the Santa Ana Register, Los Angeles Times and Anaheim Bulletin were invited to attend the opening at which Mr. Huskwitz explained he would unveil his prediction to be made this date as to the headlines on August 30, 1977 in all three of said newspapers. He thereupon presented to the Mayor a locked box containing his prediction for safekeeping until the performance. MINUTES: The approval of minutes of Anaheim City Council meetings was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $383,691.73, in accordance with the 1977-78 Budget, were approved. 77-957 City Hall, Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. 153: ESTABLISHING NEW TITLES - PLANNING DEPARTMENT: In accordance with recom- mendations from the Personnel Director, Councilwoman Kaywood offered Resolution No. 77R-574 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-574: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-736 AND ESTABLISHING NEW TITLES FOR EXISTING CLASSES. (Assistant Director for Planning; Assistant Director for Zoning) 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-574 duly passed and adopted. 153: HOLIDAY PAY PROVISIONS - PART-TIME JOB CLASSES AT ANAHEIM STADIUM AND CONVENTION CENTER: Councilman Seymour offered Resolution Nos. 77R-575 and 77R-576 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-575: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-107 AND ESTABLISHING NEW HOLIDAY PAY PROVISIONS FOR PART-TIME JOB CLASSES REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION, LOCAL NO. 235. RESOLUTION NO. 77R-576: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-108 AND ESTABLISHING NEW HOLIDAY PAY PROVISIONS FOR PART-TIME JOB CLASSES REPRESENTED BY THE SERVICE AND HOSPITAL EMPLOYEES UNION, LOCAL NO. 399. 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-575 and 77R-576 duly passed and adopted. 153: AFFIRMATIVE ACTION REPORT FOR THE YEAR 1977: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council ordered the 1977 Affirm- ative Action Report received and filed as prepared by the Personnel Department. MOTION CARRIED. 174: HOUSING CONSERVATION PROGRAM ANNUAL REPORT (COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED): On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the Housing Conservation Program Annual Report dated July 20, 1977, presented by the Planning and Community Development Departments was ordered received and filed. MOTION CARRIED. 152: POLICE DEPARTMENT TRAINING AGREEMENTS WITH CALIFORNIA HIGHWAY PATROL 1977-78: Councilman Seymour offered Resolution No. 77R-577 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-577: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF ANAHEIM TO EXECUTE TRAINING AGREEMENTS BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR THE FISCAL YEAR 1977-1978. 77-958 City Hall~ Anaheim, California - COUNCIL MINUTES - August 23~ 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-577 duly passed and adopted. 123: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONSULTING ENGINEERING SERVICES - SANTA ANA FREEWAY AND A.T.S.F. OVERCROSSING: Upon being informed by the City Engineer that this agreement would be funded through the Federal Aid Urban Program, in response to Councilman Kott's questioning, Councilman Seymour offered Resolution No. 77R-578 for adoption. Refer to Resolution Book. RESOLUTION NO. 77-578: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALI- FORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE PERFORMANCE OF CERTAIN ENGINEERING, RIGHT-OF-WAY AND PLANNING SERVICES BY THE STATE IN CONNECTION WITH THE CONSTRUCTION OF A HIGHWAY OVERCROSSING AT CRESCENT AVENUE. (not to exceed $33,000)~ 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-578 duly passed and adopted. 160: PURCHASE OF TWO HEWLETT-PACKARD MODEL 3810A TOTAL STATIONS: Report from the City Engineer indicating that the purchase of this equipment would increase the productivity of the Survey Section; allow them to function with one less position (eliminated as of July 1, 1977); and indicating that these total stations from Hewlett-Packard have features which make them "one of a kind" was submitted. On motion by Councilman Thom, seconded by Councilman Seymour, the City Council authorized the purchase of two Hewlett-Packard Model 3810A Total Stations with accessories for the Engineering Division at $11,935.60 each. MOTION CARRIED. 135: REVISION OF GOLF COURSE FEE SCHEDULES: Mr. Tom Liegler reported that during the yearly review of all Stadium, Convention Center and Golf Course fees, increases in golf course fees were recommended as follow to become effective September 6, 1977: 1. Weekday Greens Fees - $3.00/9 holes - $5.00/18 holes 2. Weekend, Holiday Greens Fees - $4.00/9 holes - $7.00/18 holes 3. Weekday Cart Rental Fees - $5.00/9 holes - $9.00/18 holes 4. Weekend, Holiday Cart Rental Fees - $5.00/9 holes - $9.00/18 holes Mr. Liegler explained that these fees have been reviewed and unanimously approved by the Golf Course Advisory Commission. Although the revised fees would put the City of Anaheim Golf Courses near the top in comparison to other municipal golf course fees, by the end of the year it is anticipated Anaheim fees would be near the bottom once again. In addition, these increases were anticipated and taken into consideration during preparation of the 1977-78 Budget. 77-959 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. In response to Councilman Thom, Mr. Liegler explained that this action would not change the special senior citizen rate for off-peak hours play, and special re- duced rates would continue to be in effect for twilight golf and local high schools and colleges. Councilman Seymour offered Resolution No. 77R-579 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-579: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE GREEN FEES TO BE CHARGED AT THE H. G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE, AND RESCINDING RESOLUTION NOS. 75R-596 AND 77R-11. 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-579 duly passed and adopted. 123: FOURTH AMENDMENT TO PACIFIC DRIVE-IN TNEATERS~ INC. FOR PARKING AT THE STADIUM LOT: Mr. Liegler reported that for the past ~hree years the agreement between the City and Pacific Drive-In Theaters has proven to provide a service to the public, and for a minimal cost to the City the net return is over $150,000 in parking revenues for the three-year period. It is therefore recommended that the agreement be extended for five years to June 30, 1982. Councilwoman Kaywood offered Resolution No. 77R-580 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-580: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A FOURTH AMENDED AGREEMENT WITH PACIFIC DRIVE-IN THEATERS, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEb~ERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-580 duly passed and adopted. Councilman Kott explained that he has abstained from voting on the foregoing resolution because he has received a pass from Pacific Theaters which may be in excess of $250 in value; and, inasmuch as a definitive ruling has not been re- ceived from the FPPC, he chose to abstain in the possible event that there may be a conflict of interest. 77-960 City Hall, Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. 123: AGREEMENT DIEHL, EVANS AND COMPANY - AUDIT OF 701 COMPRRW~NSIVE PLANNING ASSISTANCE GRANT: On motion by Councilman Thom, seconded by Councilman Roth, the City Council authorized a letter agreement with Diehl, Evans and Company in the amount of $695 to conduct an audit of the 701 Comprehensive Planning Assistance Grant. (The $695 represents a $200 increase over the original quote to compensate for additional work recognized.) MOTION CARRIED. 171: ORDINANCE FIXING AND LEVYING PROPERTY TAX FOR 1977-78 FISCAL YEAR: Mr. Talley reported that the recently adopted budget for the coming fiscal year was predicated upon a tax rate of 93 cents per $100 assessed valuation. Because of the increase of slightly more than 1.2 percent in assessed valuation in the City, which will result in approximately $100,000 of additional collectable revenues, Mr. Talley explained that the Council has the option of either allocating this additional sum to advance, current, or new programs, or of reducing the property tax rate for the City of Anaheim by 1 cent. In response to Councilman Roth, Mr. Talley explained that the mandated 13 cents for bond principal and interest reflects that sum of money which the City has previously pledged to retire bonds and to pay annual interest thereupon. The City of Anaheim generally uses property tax funds for two of the seven allowable purposes, these being (1) retiring of municipal bonds and payment of interest thereon and (2) municipal purposes. For the current fiscal year, 13 cents is the amount necessary for bond principal and interest. MOTION: Councilman Roth moved that a tax rate of 13 cents for bond retirement and principal and 75 cents for municipal purposes be established, for a total of 88 cents per $100 assessed valuation. After being apprised by the City Manager that the proposed tax rate of 88 cents would require budget cuts in the amount of $350,000, assuming that the increase in assessed valuation would provide $100,000 of a $450,000 deficit, Councilman Roth further instructed, as part of his motion, that City staff recommend for Council approval the necessary $350,000 budget reduction to effect the 88 cent tax rate. Councilman Seymour reiterated his previous actions and concern regarding tax rates in the City of Anaheim and indicated his support of Councilman.Roth's motion, al- though he would prefer the rate to be lowered to 85 cents. He voiced the opinion that meaningful tax reform and relief in the community and in the State are neces- sary to avert continuing taxpayer revolt. Councilman Seymour stated, however, that he wished assurance prior to voting on the motion that, in fact, municipal service levels would not be cut and he would therefore prefer that a specific list of the budget adjustments be prepared prior to acting on a motion. MOTION: Councilman Roth moved to amend his previous motion to include direction to City staff to prepare a specific list of the proposed budget adjustments to be submitted for Council approval prior to voting on the motion. Councilman Seymour seconded the motion as amended. Mayor Thom commented that he could not support this motion even though he recognizes a tax reduction is the goal of the entire Council. He noted that the COMBAT organi- zation is seeking to accomplish this by increasing City revenues and offering an 77-961 City Ha!l~ Anaheim, California = COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. incentive to lower the property tax. In that the largest beneficiaries of any tax cut are the industrial and commercial taxpayers, he stated he would prefer to wait to see if the efforts of COMBAT are successful in the April 1978 election. If the citizens do, in fact, vote for the proposed Charter Amendment, this would obviate the necessity for any property tax at all. He noted that as he under- stands what the potential revenues would be, the City would be able to reduce the tax rate to 13 cents or less and still provide the necessary revenue for increased municipal services and increased capital improvement programs. Further, he remarked that the budget, as adopted, is based On current revenues and, according to the City Manager's explanation, the Council has a discretionary 1 cent. Mayor Thom was further of the opinion that the City has an obligation to proceed with those capital improve- ment programs set forth in the 1977-78 Resource Allocation Plan (Budget) as well as to maintain the level of services. He therefore indicated he would not support the motion irrespective of recommendations to be presented by staff. By general consent, the vote on the foregoing motion was held in abeyance pending report back from the City Manager's Office later in the meeting. 101: AUTHORIZATION OF PROTEST - POSSESSORY INTEREST VALUATION FOR 1977 - ANAHEIM STADIUM: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council authorized the City Attorney to forward a letter dated August 18, 1977, to the County Assessor, Bradley L. Jacobs, protesting the 10 percent increase in land valuation at Anaheim Stadium as unwarranted on the basis of zoning. MOTION CARRIED. 127: TAX CONSEQUENCES OF RECENT FPPC RULING: City Attorney Hopkins recalled that the City Council had requested he contact the Internal Revenue Service regarding the possible tax consequences of the FPPC ruling regarding disclosure of the full monetary value of any passes received by the City Council. He reported that it would appear to take six to nine months to receive an opinion from the Internal Revenue Service and that one alternative would be to contact an outside tax expert for such an opinion. He estimated this might cost approximately $1,000 in fee, and although it might not be appropriate to obtain such an opinion for any individual on the Council, if performed as part of the overall investigation of the FPPC rulings and related matters, it could be justified. He explained that in the event the Council does not wish to hire outside legal advice, his office could continue their efforts to receive a formal opinion from IRS. Mayor Thom asked if an opinion from a recognized tax attorney is binding or carries any weight in the judicial process to which Mr. Hopkins replied that it would not be binding but would have effect in that the FPPC might take cognizance of it. Mayor Thom stated that he had originally broached the subject and would like to spend the money to obtain an early opinion so as to avoid waiting and being in- formed after the fact and perhaps being judged to be in arrears on taxes. Councilman Seymour disagreed that the Council should spend taxpayers money to determine whether any one of them has an individual tax liability. In addition he thought it would be difficult for the IRS to assess a Council person for taxes on something which he or she has never benefited from nor used. He added that he has given this subject a great deal of thought and he would suggest Council appoint a task force comprised of citizens to review what a Council Member really needs to 77-962 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. perform in his elected position, which in his own opinion would not include movie or bus passes, but possibly it would be necessary to entertain visiting dignitaries at the Stadium or Convention Center. Furthermore, being the Board of Directors of the municipal corporation operating the Stadium and Convention Center, he could envision it as necessary to attend these facilities to some extent. He suggested that the citizen task force review these needs and determine what is really neces- sary for a Council person to accomplish their Job and see that this is provided and nothing more and that the passes be placed under the jurisdiction of the City rather than individual Council persons. Mr. Hopkins explained that the individuals involved would still have to report the receipt of these passes to the FPPC but show them coming from the City rather than the sponsors of the events. On further question from Councilman Seymour, Mr. Hopkins concurred with him that when the event attended is part of an official duty, there is no obligation to report same; the Council must report only items received for their own enjoyment or entertainment. Councilman Seymour was of the opinion that this is the ultimate solution to the problem, i.e., to determine what is necessary to fulfill the Council's obligation or duty. At the conclusion of discussion, Councilman Roth was of the opinion that the entire matter has been blown completely out of its proper perspective and that the Council should do nothing further until they hear from the FPPC as it would be a waste of time and energy. Councilwoman Kaywood felt it would be a complete waste to spend money on an expert opinion which the IRS is not bound to accept. She felt that when the City receives the reasonable and common sense opinion back from FPPC, that should resolve the problem. No further action was taken by the City Council. 105: APPOINTMENTS - PROJECT AREA COMMITTEE: There being no nominations to fill the unexpired term on the Project Area Committee ending June 30, 1978, on motion by Councilwoman Kaywood, seconded by Councilman Roth, the matter was continued for two weeks. MOTION CARRIED. 160: PURCHASE OF TWO POWER TRANSFORMERS (BID NO. 3258): Recommendation to purchase two power transformers from Wagner Electric Sales at a combined cost of $350,097.86 was submitted for Council consideration by the Purchasing Agent and Electrical Superintendent. Councilman Kott questioned the recommendation noting that from the information supplied, it would appear one of the other bids would be at less cost to the City. Mr. Hoyt explained that the recommendation is developed on a total evaluation of these bids, which is based on criteria other than just the initial cost of the equipment. A transformer haselectrical losses associated with its operation, and within the specifications sent to e~ch bidder they were informed as to how these losses would be evaluated in terms of dollar costs. 77-963 qity Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. Following these excercises what the City is comparing is the annual cost of ownership of the various transformers. Councilman Kott observed then that the specifications for each transformer are not identical, with which Mr. Hoyt concurred, and further explained that the transformers are designed by computer, and the specific design is at the control of each individual manufacturer. The City must compare initial cost, plus annual cost of ownership to determine our best value. MOTION: On motion by Councilman Seymour, seconded by Councilman Roth, the Council authorized purchase of two power transformers from Wagner Electric Sales at $350,097.86, including tax, as recommended. To this motion Councilmen Kott and Thom voted "No". MOTION CARRIED. Mayor Thom explained that he felt the specifications were either incorrect or not sufficiently specific to produce the situation described. Mr. Hoyt compared the purchase of these transformers to purchase of an automobile. The manufacturers are not told how to build the "automobile" -- or in this case, the transformer -- but rather how much "mileage" the City wants out of the equipment. At the conclusion of Mr. Hoyt's explanation, Mayor Thom changed his "No" vote to "Yes". 105: RECOMMENDATION ON ARCHITECTURAL SERVICES - COMMUNITY SERVICES BOARD: Recommendation from the Community Services Board that the Community Development Department be authorized to negotiate a contract for architectural services to design a multi-purpose community center was submitted. Councilman Kott questioned what criteria and procedure would be used to select the architect to perform this work. Mr. Lyons reported that the Multi-Purpose Co~unity Center Project has been sub- mitted to HUD for review and approval as a Second Year Community Development Block Grant Fund project. The site selection is currently in process and they are looking at sites in the Project Alpha downtown area. No funds will be released to initiate planning and architectural work until concurrence or approval is received from HUD. In further response to Councilman Kott, Mr. Lyons explained that criteria such as the experience and track record of a firm in designing buildings of this type, its length of time in business, and reputation in other communities would be taken into consideration. Councilman Kott stated that he would like to have input at the time the selection of the architect is being made and would personally like to see the bidding process. Mayor Thom saw no problem in permitting the Community Development Department to interview and select two or three candidates for the project and recommend these to the City Council for approval, using the same process as used by other City Departments in the past. MOTION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, in accor- dance with Community Development Department staff suggestion, the recommendatiqn from the Community Services Board that the Community Development Department be authorized to negotiate a contract for architectural services to design a Multi- Purpose Community Center was received and filed, pending action by HUD on approval of the building. MOTION CARRIED. 77-964 City Hall~ Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. 105: PUBLIC UTILITIES BOARD RECOMMENDATION REGARDING LIFELINE ELECTRICAL RATE: Mr. Hoyt reported that the Public Utilities Board has taken under advisement changes in the retail electrical rates for the City and as part of its delibera- tions is concerned with the lifeline electrical rate. As scheduled currently, all domestic customers receive a lifeline rate for the first 300 kilowatt hours. It is the unanimous feeling of the Board that these lifeline rates should be provided only to those who need them and not to all domestic customers. Therefore, criteria must be established as to eligibility. To accomplish this task the Public Utilities Board feels they could use the expertise of citizens from all walks of community life and therefore they recommend that Council establish and appoint an ad hoc committee to make recommendations to the Board on development of criteria for lifeline rate eligibility. He added that the Board hopes this task will be completed by the first of October as they intend to put rates into effect at about that time. Mayor Thom suggested a committee of five be created, one appointed by each Council Member. Councilman Roth suggested that the entire Public Utilities Board sit with this ad hoc committee as ex officio members and that two additional representa- tives on the Committee be appointed from recommendations made by the Anaheim Senior Citizens Group, these two members to be senior citizens and also residents of Anaheim. Councilman Kott questioned the objective of the lifeline rate and Mr. Hoyt explained that the goal of the Utility is to collect an equal rate of return from each custo- mer class and the lifeline rate would be made applicable only to those who need it according to the criteria to be developed. MOTION: On motion by Councilman Thom, seconded by Councilman Roth, the City Council determined to establish a 7 member ad hoc committee to develop criteria for the eligibility of lifeline electrical rates and guidelines for administra- tion of such a program; each Council person to appoint one member; two members to be appointed from recommendations by the Anaheim Senior Citizens Organization; and the Public Utilities Board to sit with this committee as ex officio members of the committee. To this motion Councilman Kott voted "No". MOTION CARRIED. Councilman Kott explained that he is opposed to this recommendation because he fears it will create an additional subsidy to be paid by the vast majority of homeowner-taxpayers, and he further feels there are other inequities which first need to be corrected. 129: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Roth, seconded by Councilman Thom, the Public Fireworks Display Permit filed by Walt Disney Productions to discharge fireworks nightly at Disneyland Park, September 5 through 10, 1977 at 10:00 p.m., with rehearsal on September 3 or 4,, 1977, was approved as recommended by the Fire Marshall. Councilwoman Kaywood commented that she has spoken out against fireworks used by non-professionals in the past and referred to a letter Council received from an Anaheim resident in the Canyon commending the City for their stance in removal of fireworks stands from the dry Canyon area this past July. The letter further indicates support for an ordinance prohibiting the sale and use of fireworks in the City, and that the Council urged public fireworks displays be held instead at such places as the Anaheim Stadium and Disneyland for public viewing, which would provide fireworks displays in a safe, controlled environment. 77-965 _City Hall~ Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. Councilwoman Kaywood noted that her voting record on the Council would indicate that she is also in support of handling public fireworks in this manner and she would therefore vote in favor of the Disneyland permit. MOTION CARRIED. RECESS: By general consent, the Council recessed for five minutes. (2:55 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1716: Petition of William H. and Catherine A. Bradley, to permit solar collector panels on RS-5,000(SC) zoned property located at 402 Paseo Serena was submitted. The City Planning Commission, pursuant to Resolution No. PC77-159 denied Condi- tional Use Permit No. 1716; reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt and, further, the Planning Commission made recommendation that the City staff prepare an amendment to appropriate ordi- nances to allow roof or ground mounted solar systems in the Scenic Corridor by conditional use permit and recommending certain design criteria. Appeal from action taken by the City Planning Commission was filed by the applicants and public hearing scheduled this date. The Deputy City Clerk reported that correspondence had been received in support of the approval of the Conditional Use Permit as follows: (1) letter from Mr. and Mrs. William Bradley, 402 Paseo Serena, dated August 22, 1977; (2) letter from Wilson Clark, Assistant to the Governor for issues in planning, California State Governor's Office dated August 12, 1977; (3) letter from Jerry M. Patterson, United States Congressman, 38th District of California dated August 16, 1977. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission and noted that since this property is located in the Scenic Corridor, roof mounted equipment is specifically prohibited. She advised that since the Planning Commission hearing the applicant has submitted revised plans which indicate that the panels would be relocated to the flat portion of the roof to the rear of their present location. In response to Councilman Seymour, Miss Santalahti explained that when the panels are relocated in accordance with the revised plan, it would appear that no one standing at ground level would be able to see them; that they would be visible from a second story, however, there are no two-story homes in the immediate vicinity of the Bradley property. Mayor Thom asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Bradley explained that he intended to complete the relocation of the panels which does not include any additional structure. They would be strapped to the flat section of the roof and that he hoped this would satisfy the objections to his project. He noted that the units have cost him approximately $1,800 plus an additional $200 in attempting to obtain the proper permits. 77-966 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23, 1977~ 1:30 P.M. In response to Mayor Thom, Mr. Bradley stipulated that he would move the solar panels to the flat portion of his roof in accordance with his revised plans within 30 days, and further that he would obtain any building permits determined to be necessary. There being no further persons who wished to speak in favor or opposition to Con- ditional Use Permit No. 1716, Mayor Thom closed the public hearing. Councilwoman Kaywood observed, for the record, that from the beginning Mr. Bradley's problems in obtaining approval for the solar equipment were not related to conserva- tion issues, that the City is aware and cognizant of the need to convert to energy- saving techniques. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the require- ment to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-581 for adoption granting Conditionnal Use Permit No. 1716 subject to the following interpartmental conditions and further subject to the stipulations made by Mr. Bradley this date, i.e., that he would relo- cate the solar panels in accordance with revised plans within 30 days and obtain any necessary building permits; and retaining the recommendation made by the Planning Commission that staff prepare an amendment to the appropriate ordinances to allow roof or ground mounted solar systems in the scenic corridor by conditional use permit and recommending certain design criteria. 1.. Plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, (Revision 1). 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 90 days from date hereof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. Refer to Resolution Book. RESOLUTION NO. 77R-581: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1716. 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-581 duly passed and adopted. 77-967 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, 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 Judith Durkin for property damages purportedly sustained as a result of tar overspray on or about July 11, 1977. b. Claim submitted by Henry Lloyd Scroggins for personal injuries purportedly sustained as a result of actions by the Anaheim Police on or about May 5, 1977. c. Claim submitted by Anthony V. Domenick for monetary damages purportedly sustained as a result of power failure on or about August 7, 1977. d. Claim submitted by George Louis Siciliani for personal injuries purportedly sus- tained as a result of actions by the Anaheim Police Department on or about May 7, 1977. e. Claim submitted by Robert Jerome Clark for personal damages purportedly sustained as a result of false arrest and imprisonment on or about May 5, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Public Utilities Commission of the State of California, Notice of Hearing of Application No. 57232 of Southern California Gas Company to increase revenues to offset the impact on revenue requirements of long-term storage pursuant to a proposed Subsection (o) Gas Storage Adjustment to Southern California Gas Company's Rule No. 2. b. 114: City of Long Beach Resolution No. C-22360 recommending that the League of California Cities adopt a resolution supporting a national no-fault vehicle liability system. c. 102: Orange County Vector Control District - Minutes of July 21, 1977. d. 105: Public Utilities Board - Minutes of June 9, 1977. e. 105: HACMAC - Minutes of August 2, 1977. f. 105: Library Board - Minutes of July 18, 1977. g. 105: Community Redevelopment Commission - Minutes of August 3 and 5, 1977. h. 175: Monthly Report, June 1977 - Electrical. i. 175, 140 & 156: Monthly Report, July 1977 - Customer Service, Library and Police. 3. COUNCIL POLICY NO. 542: The City Council adopted the following policy pertaining to sound attenuation in residential projects: 77-968 City Hal~., Anaheim, California - COUNCIL MINUTES - Ausust 23~ 1977~ 1:30 P.M. "It is the policy of the City Council that a noise level analysis shall be per- formed for any proposed residential development located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, primary arterial highway or railroad and that the Planning Commission be authorized to waive specific requirements, subject to appeal to the City Council. The following noise attenuation features shall be incorporated in these residential developments as required to reduce the noise levels as indicated. 1. In single-family residential developments located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, or primary arterial highway there shall be a sound barrier capable of reducing the sound of motor vehicles to a maximum of 65 dB CNEL at any point six (6) feet above ground level within the development. The sound barrier shall consist of an earth berm, a masonry wall or a combination thereof, provided that a masonry wall which is used as a sound barrier shall not exceed six (6) feet in height. Where vehicular or pedestrian access through the barrier is permitted gates or baffles may be provided; however, said access shall be designed to minimize sound transmission. 2. In multiple-family residential developments located within six hundred (600) feet of any existing or adopted freeway, expressway, major arterial highway, or primary arterial highway, there shall be a sound barrier capable of reducing the sound of motor vehicles to a maximum of 65 dB CNEL at any point six (6) feet above ground level in all exterior areas other than driveways, carports and parking areas. The sound barrier may consist of an earth berm, a masonry wall, or any portion of the structure. 3. No habitable residential structure shall be located less than one hundred (100) feet from a railroad track. 4. In all residential developments located within six hundred (600) feet of a railroad track, there shall be a sound barrier which will provide line-of-sight shielding from all points eight (8) feet above the tracks to the eaves of all habitable structures located within six hundred (600) feet of the tracks. The sound barrier shall consist of an earth berm, a masonry wall, or a combination thereof. A masonry wall which is used as a sound barrier shall be no more than six (6) feet high. Where vehicular or pedestrian access through the barrier is permitted, gates or baffles may be provided; however, said access shall be designed to minimize sound transmission. 5. Residential structure shall be designed to limit the interior noise caused by motor vehicles or railroad trains to a maximum of 45 dB CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required noise level~ means shall be provided for ventilation/cooling to provide a habitable environment." MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 77R-582 through 77R-585, 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. 77-969 City Hall, Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. 158: RESOLUTION NO. 77R-582: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Anaheim Redevelop- ment Agency; Philip W. Fields, et ux.; Alpha Terra, Inc.; Eleven Fifty Tustin; Casa Bonita Construction Corp.; Charles W. Wentworth, et ux.) RESOLUTION NO. 77R-583: 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 EUCLID AVENUE AND ROMNEYA DRIVE. (Aldor Corporation; Great American Land and Housing Corporation) RESOLUTION NO. 77R-584: 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, LOCATED AT THE EASTERLY TERMINUS OF DONNA COURT, SOUTHEASTERLY OF RIO GRANDE DRIVE. (Criterian Develop- ment, Inc.) RESOLUTION NO. 77R-585: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (Abandonment No. 77-1A, to abandon a recorded easement for ingress and egress, located northeast corner of Imperial Highway and La Palma Avenue; September 13, 1977 at 3:00 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 Nos. 77R-582 through 77R-585, both inclusive, duly pamsed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held August 1, 1977, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 76-77-48: E.E.S~A. Investment Company, for a change in zone from CL to RM-1200 on property located on the south side of Lincoln Avenue, at the cul-de-sac terminus of Bella Vista Street. City Planning Commission Resolution No. PC77-165 approved negative declaration and granted Reclassification No. 76-77-48. 2. RECLASSIFICATION NO. 77-78-2 AND CONDITIONAL USE PERMIT NO. 1726: Clifford H. Hazelton, for a change in zone from RS-A-43,000 to ML to permit outdoor large equipment storage on property located at 1420 North Lemon Street. Said reclassification and conditional use permit were terminated at the request of the petitioner. 3. RECLASSIFICATION NO. 77-78-6 AND VARIANCE NO. 2959: Robert Marvin Law, for a change in zone from RS-A-43,000 to RS-7200 to establish a 3-lot subdivision on property located on the west side of Laxore Street, north of Orange Avenue with code waiver of minimum lot width. 77-970 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. City Planning Commission Resolution Nos. PC77-166 and PC77-167 approved negative declaration status and granted Reclassification No. 77-78-6 and Variance No. 2959 respectively. 4. VARIANCE NO. 2949: Fred H. and Nellie J. Rule, to construct a six-unit apartment complex on RM-2400 zoned property located at 1216 and 1222 West Pearl Street. City Planning Commission Resolution No. PC77-161 approved negative declaration status and denied Variance No. 2949. 5. CONDITIONAL USE PERMIT NO. 1734: Eddie Fischer, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 646 and 648 Brook- hurst Street. City Planning Commission Resolution No. PC77-170 ratified categorical exemption, Class 1, and granted Conditional Use Permit No. 1734. 6. CONDITIONAL USE PERMIT NO. 1414 - MODIFICATION OF CONDITION NO. 11: Request of Ed Gutzmann, Nationwide Drive-In Theater, that Condition No. 11 pertaining to site enclosure be modified to allow chainlink fencing in connection with Conditional Use Permit No. 1414, to expand an existing drive-in theater on ML zoned property located on the east side of Lemon Street between Durst Street and the Riverside Freeway. The City Planning Commission modified Condition No. 11. 7. CONDITIONAL USE PERMIT NO. 1556 - EXTENSION OF TIME: Request of Edmund Tafolla for an extension of time to permit an office in an existing residence located at 862 South Harbor Boulevard. The City Planning Commission granted a two year extension of time expiring August 18, 1979. 8. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Request for a negative declaration in connection with the proposed participation by the City in partial ownership of San Onofre Nuclear Generating Station Units 2 and 3. Negative declaration status was approved by the City Planning Commission. 9. NOISE ELEMENT OF THE GENERAL PLAN - WORK STATEMENT: Planning Department work statement indicating i~tention to solicit consultant proposals for preparation of a Noise Element for the Anaheim General Plan was submitted. The City Planning Commission approved the work statement. No Action was taken by the Anaheim City Council on the above items (1 through 9). RECLASSIFICATION NO. 77-78-7~ VARIANCE NO. 2960 AND EIR NO. 204: Sent-Pac Corpora- tion, for a change in zone from RS-A-43,000 to RM-1200 with code waivers to permit construction of a 198-unit apartment complex on property located on the northwest corner of Lincoln Avenue and Bel Air Street. Councilwoman Kaywood requested the above item be removed from the consent calendar and set for public hearing. 77-971 City Hall; Anaheim~ California - COUNCIL MINUTES - August 23p 1977~ 1:30 P.M. VARIANCE NO. 2955: Sheldon and Constance Golison, for certain code waivers to permit construction of two commercial buildings on CL zoned property located south of Orange Avenue, west of Magnolia Avenue. Councilwoman Kaywood requested Variance No. 2955 be removed from the above consent calendar and set for public hearing. CONDITIONAL USE PERMIT NO. 1720: William P. and Violet P. Wall, Aubrey F. R. and Catherine Holmes, for code waivers to permit an establishment of a recreation vehicle park in conjunction with a motel on CL zoned property located at 2740 West Lincoln Avenue. City Planning Commission Resolution No. PC77-163 approved negative declaration status and granted Conditional Use Permit No. 1720. Councilwoman Kaywood requested Conditional Use Permit No. 1720 be removed from the consent calendar for discussion and after being apprised by Miss Santalahti that the waiver from required minimum building setback would be a fairly minor situation involving one-sixth of the existing building; and further that those in opposition to the project were satisfied at the Planning Commission that their concerns with respect to construction of a block wall six feet from the finished grade level would be met, Councilwoman Kaywood indicated she wished to take no further action. No action was taken by the ~ity Council on Conditional Use Permit No. 1720. CONDITIONAL USE PERMIT NO. 1735: Imperial Properties to permit on-sale beer and wine in a proposed restaurant on CL(SC) zoned property located on the north side of Santa Ana Canyon Road, east of Imperial Highway. City Planning Commission Resolution No. PC77-164 ratified categorical exemption Class 1 and 11, for the project and granted Conditional Use Permit No. 1735. Councilman Seymour requested Conditional Use Permit No. 1735 be removed from the consent calendar and requested opinion from the City Attorney as to whether or not he had a conflict of interest in that he is a tenant, renting office space in the subject shopping complex. On the advice of the City Attorney, Councilman Seymour abstained from any action on Conditional Use Permit No. 1735. The City Council took no further action on Conditional Use Permit No. 1735. 170: APPROVAL OF PRECISE PLANS~ TRACT NO. 8456: Precise Plans submitted by Thomas L. Utman, Pacer Development Corporation, for approval in connection with development of Lots 25 through 30 of Tract No. 8456 (Revision No. 4). (Lots 1 through 24 were approved July 27, 1976 and Lots 31 through 34 are not proposed for development at this time.) The entire tract is comprised of 34 RS-5,000(SC) zoned lots. Property is located northwesterly of the intersection of Via Arboles and Canyon Rim Road. Miss Santalahti explained that the developer intends to build custom homes on these six lots and that the precise plans for the remaining four lots would be required to be submitted for Planning Commission and Council approval prior to issuance of build- ing permits. The City Planning Commission recommended approval. 77-972 City Hall, Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved precise plans and elevations for Lots 25 through 30 of Tract No. 8456 (Revision No. 4) as recommended by the City Planning Commission. MOTION CARRIED. 179: RECLASSIFICATION NO. 76-77-51 - SPECIFIC FLOOR PLANS AND ELEVATIONS: Request of William P. Bregder for approval of final specific floor plans, elevations and plot plans for the eastern end of Portion B, property proposed for CL zoning at the northeast corner of Katella Avenue and Easy Way was submitted together with recom- mendation that said floor plans, elevations and plot plans be approved from the City Planning Commission. MOTION: Councilman Roth moved that final specifc floor plans, elevation and plot plans submitted in conjunction with Reclassification No. 76-77-51, for the eastern end of Portion B, be approved as recommended by the City Planning Commission. There being no second to the motion, the Mayor proceeded to the next item on the agenda. Councilman Kott left the Council Chamber. (3:45 P.M.) Upon being informed that Ordinance No. 3756, to establish RM-1200 and CL zoning on property pursuant to Reclassification No. 76-77-51, would not have final reading because of the prerequisite condition that specific floor plans, elevations and plot plans first be approved by the City Council, Councilman Seymour seconded the foregoing motion. Councilman Kott temporarily absent. MOTION CARRIED. ORDINANCE NO. 3755: Councilman Roth offered Ordinance No. 3755 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3755: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-100(2), CL) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom None Kott None The Mayor declared Ordinance No. 3755 duly passed and adopted. ORDINANCE NO. 3756: Councilman Seymour offered Ordinance No. 3756 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3756: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-51, RM-1200(Portion A) and CL (Portion B) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom None Kott None The Mayor declared Ordinance No. 3756 duly passed and adopted. 77-973 City Hall~ Anaheim, California - COUNCIL MINUTES - August 23~ 1977~ !:30 P.M. ORDINANCE NO. 3757: Councilwoman Kaywood offered Ordinance No. 3757 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3757: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 17.08.180 OF TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTION 17.08.180 TO TITLE 17, CHAPTER 17.08 RELATING TO SUBDIVISIONS. Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom None Kott None The Mayor declared Ordinance No. 3757 duly passed and adopted. ORDINANCE NO. 3758: Councilman Roth offered Ordinance No. 3758 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3758: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-28, RS-HS-iO,O00) Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom None Kott None The Mayor declared Ordinance No. 3758 duly passed and adopted. 170: ORDINANCE NO. 3759: Councilman Roth offered Ordinance No. 3759 for first reading. 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. Councilman Seymour requested that a letter and copy of proposed Ordinance No. 3759 be forwarded to the Building Industry Association prior to the next Council meeting at which adoption is anticipated. 107: ORDINANCE NO. 3760: Councilman Seymour offered Ordinance No. 3760 for first reading. ORDINANCE NO. 3760: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING sEcTIoNS 15.16.030 THROUGH 15.16.140, INCLUSIVE, OF TITLE 15, CHAPTER 15.15 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 15.16.030 THROUGH 15.161090, INCLUSIVE, THERETO RELATING TO THE ELECTRICAL CODE. Councilman Kott returned to the Council Chamber. (3:55 P.M.) 77-974 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. 108: ORDINANCE NO. 3761: Councilman Seymour offered Ordinance No. 3761 for first reading. ORDINANCE NO. 3761: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 7.34 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 7.34 IN ITS PLACE AND STEAD RELATING TO BINGO GAMES. In response to Councilman Seymour's inquiry, City Attorney Hopkins explained that he had requested that copies of the proposed bingo ordinance be forwarded to all present permittees. ORDINANCE NOS. 3762 THROUGH 3765: Councilman Seymour offered Ordinance Nos. 3762 through 3765, both inclusive, for first reading. 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) 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-5,000) 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) 171: ORDINANCE FIXING AND LEVYING THE PROPERTY TAX RATE FOR 1977-78 FISCAL YEAR: (Continued from earlier portion of this meeting, see pages 77-960 and 77-961 of these minutes.) Mr. Talley submitted a list of recommended budget amendments, as shown below prepared by staff pursuant to Council direction given earlier in the meeting which would enable the City Council to effect the 88 cent tax rate per $100 assessed valuation. He pointed out that with the single exception of the Risk Management Program, these reductions would not impact program service levels directly. Mr. Talley cautioned however, that the proposed reduction of the CETA "E" step overage would require that the City exert extreme care in its operation of the CETA program during the remainder of this fiscal year and that there be no additional impact from settlement of 1977-78 wage negotiations. 1) Property Tax Revenue Base 2) CETA "E" Step Overage 3) Risk Management Program 4) Unappropriated Reserve 5) Council Contingency Account Total $100,000 170,000 100,000 50,000 30,000 $45O,OOO MOTION: Councilman Roth repeated the motion made earlier this date to establish a tax rate for fiscal year 1977-78 of 75 cents for municipal Purposes and 13 cents for bond principal and interest, for a total of 88 cents per $100 assessed valuation. Councilman Seymour seconded the motion. The foregoing motion carried by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None 77-975 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - August 23~ 1977~ 1:30 P.M. Councilman Roth offered Ordinance No. 3766 for first reading. ORDINANCE NO. 3766: AN ORDINANCE OF 11~ 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. Councilman Kott commented, in connection with the tax rate, that during the last fiscal year, when the tax rate was lowered from $1.05 to 95 cents per $100 assessed valuation, the 10 cent reduction actually meant that the average homeowner saved $12 whereas the savings realized by the commercial and industrial tax payers were much greater. The currently proposed reduction for 1977-78 fiscal year would probably save the average homeowner $6 per year whereas the demands for municipal services are increasing. Councilwoman Kaywood pointed out that the 88 cent tax rate will cause no program reduction and no hiring freeze as was created last year. Councilman Seymour was extremely satisfied that two of his colleagues on the Council saw their way clear to supporting the reduction in property tax rates. Mayor Thom voiced the opinion that two of the Council Members who had voted to approve the 1977-78 Budget on June 28, 1977 as it was set forth on that date, were acting in a hypocritical manner by now voting in favor of the reduction. ADJOURNMENT: Councilman Kott moved to adjourn. Councilman Thom seconded the motion. MOTION CARRIED. Adjourned: 4:00 P.M. LINDA D. ROBERTS, CITY CLERK DEPUTY