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1977/10/04 77-1095 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon Hoyt ELECTRICAL SUPERINTENDENT: George Edwards ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti DATA PROCESSING DIRECTOR: Takuji Tamaru Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Holland Lewis of the Church of the Nazarene 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 unanimously approved by the City Council: "Baha'i Week in Anaheim" - October 10 - 16, 1977 "EDITH Day in Anaheim" - October 12, 1977 MINUTES: On motion by Councilman Thom, seconded by Councilman Roth, the minutes of the Anaheim City Council meetings held July 26 and September 6, 1977, were approved, as submitted. Councilman Seymour voted "No". 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. UNANIMOUSLY CARRIED. MOTION FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,982,252.51, in accordance with the 1977-78 Budget, were approved. 142: PROPOSED CHARTER AMENDMENT LIMITING PROPERTY TAX INCOME FOR THE CITY OF ANAHEIM: Councilman Seymour requested time to bring forth a matter relative to property taxes, a concern of great importance to him and the Council. He then read a prepared state- ment (on file in the City Clerk's Office) which laid the ground work and detailed the chain of events ultimately leading to the following proposed Charter Amendment limiting property tax income for the City of Anaheim: A. The City Council of the City of Anaheim shall set the tax rate so as to yield for the fiscal year 1978-79 a property tax income not to exceed that property tax income received in fiscal 1977-78, except that said income may be increased at a percentage not to exceed the national annual cost-of-living index for the fiscal 77-1096 City Hal]~ Anaheim~ California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. year 1977-78. Each fiscal year thereafter the tax rate shall be set to yield a property tax income not to exceed that of the previous fiscal year's property tax income and percentage increase, if any, in the national annual cost-of-living index. B. The City Council of the City of Anaheim may also, after the fiscal year 1977-78, increase the property tax income by increasing that income at a percentage not to exceed the percentage increase in population of the City of Anaheim. C. Should property tax income exceed the amount permitted during any fiscal year, then the amount in excess must be carried over to the following fiscal year, and the City's tax rate adjusted downward to reflect the excess as income. D. In the event of a major disaster or emergency so declared by 4 of the 5 City Council Members, the property tax income ceiling restrictions in this City Charter Amendment may be lifted until such time as 4 of the 5 City Council Members shall declare said disaster or emergency to be resolved. E. It is further understood that the property tax income to the City of Anaheim is that income generated from the General Fund Tax Rate. F. If this Charter Amendment is passed and receives the greatest number of votes than any other proposed Charter Amendment of Article 12 of the City Charter of the City of Anaheim, then that other proposal or proposals shall be null and void. Councilman Seymour had prefaced his proposed amendment with the following reasons for so doing: first, he wanted to go on record as being opposed to the admissions- entertainment tax proposal offered by COMBAT; secondly, in order to insure the continuation of existing services and programs, the proposed amendment was set forth that additional funds could be collected if there was an increase in the cost- of-living index providing for services and material which increased in price, but not paying for any new or unneeded services or material; thirdly, if the City's population should increase, the amount of total property tax dollars would be allowed to increase on the same percentage basis; and fourth, it would provide that in the event of a major disaster or emergency determined by 4 of the 5 Council Members, the property tax limit could be temporarily lifted until such major disaster was resolved. MOTION: Councilman Seymour moved that the City Attorney be directed to prepare the foregoing proposed Charter Amendment for the April 1978 ballot. Before action was taken, Councilwoman Kaywood questioned City Manager Talley as to how the proposed amendment would affect the budget of the City since presently Anaheim had the lowest tax rate in the County at 88 cents. Mr. Talley stated that, as he understood the proposed amendment, the City would be allowed to take the previous year's Consumer Price Index (CPI) and add to it whatever population increase was experienced, enabling the levying of a tax in that amount. Thus, the City could live within those bounds based on the occurrences of the last five years. The City over that time averaged an approximate 7.8 percent increase in the taxes levied by the City Council and, as well, the CPI of the Metropolitan Statistical Area (Los Angeles, Long Beach, Santa Ana, Garden Grove and Anaheim) exceeded 8 percent over the same time, with the national CPI paralleling that of the local area. 77-1097 Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. Councilwoman Kaywood stated that under those circumstances, she would second the motion. She also stated that, considering Anaheim had the lowest rate in the County with the finest services including paramedics, new parks and park land, the City had every reason to be proud. Councilman Seymour commented that the thrust of the amendment was to insure Anaheim citizens that the City would perform equally, if not better, while at the same time placing a lid on how much government could extract from the taxpayer, and building new credibility at the local level of government. Councilman Roth first commended Councilman Seymour for recommending a proposal to limit spending by limiting the amount of tax income. He considered it ironic that the proposal had been brought forth since, for the past three weeks, a group from the VOTE organization, including himself, had several meetings in order to bring the exact same proposal to the voters of Anaheim. They had tailored their proposal to that of Assemblyman Bruce Nestande's plan for a statewide limitation of government spending. Thus, he was pleased with Councilman Seymour's proposed amendment and was most supportive of it. Councilman Kott took issue with the fact that this was the first time he heard of the proposal, and further challenged Councilman Seymour relative to his previous statement that he (Kott) was in favor of the entertainment tax; this was not true. Councilman Seymour reminded Councilman Kott that he clearly spelled out his proposal during Budget sessions which was a matter of record, at which time he was unable to get a second to his motion. Relative to Councilman Kott's favoring the entertain- ment tax, he stood corrected on that matter since Councilman Kott stated that was not true. Councilman Kott further stated that any money coming into the City whether through taxation, licensing or electrical revenues went into one "pot", and it was ludicrous to him to ask for a tax reduction and yet vote for an increase in electrical rates. While he understood the principles in the private enterprise setting with depart- mentalized operations and procedures, the operation of the City differed in that various bills were met from a centralized fund. While he agreed with tax reduction possibilities, he did not favor taking the money out of one pocket and putting it into another, using the analogy of a small decrease in property taxes with a larger increase in electrical rates. He did not feel that the City of Anaheim or any other city was in a position to appreciably cut taxes property-wise in a meaningful way and concluded it would be difficult to make a decision on Councilman Seymour's proposal today since he did not have sufficient background. He also needed to know from the City Manager whether or not he (Talley) could operate within the limits of the proposal. The Mayor stated he was abstaining because of his previous position in support of the COMBAT initiative, and if passed, would, in fact, give the property owner a savings on his taxes. He commented also that he expected the type of amendment proposed, but anticipated VOTE bringing it forth. A vote was taken on the foregoing motion by Councilman Seymour and carried by the following vote: 77-1098 City Hall, Anaheim, California - COUNCIL MINUTES -..October 47 19777 1:30 P.M. AYES: COUNCIL MEMBERS: Kaywood, Seymour and Roth NOES: COUNCIL MEMBERS: Kott ABSTAINED: COUNCIL MEMBERS: Thom ABSENT: COUNCIL MEMBERS: None MOTION CARRIED. 123: PURCHASE OF DATA PROCESSING SOFTWARE PACKAGE: (Applied Data Research - ADR) Councilman Kott expressed his concern with the statement on the documentation that the agreement shall be binding at Princeton, New Jersey, headquarters of Applied Data Research, and shall be governed by the laws of the State of New Jersey. On that basis, he would cast a negative vote. City Attorney Hopkins explained that the proposed agreement would be entered into in the State of California, and that the particular organization involved (ADR) undoubtedly had done business in the State. He would, however, have to check to determine whether or not they filed with the Secretary of the State of California to do business within the State. If that were the case, it was his opinion California law would be applied to it. On motion by Councilman Thom, seconded by Councilman Roth, the Data Processing Director was authorized to execute an agreement with Applied Data Research, Inc., for the purchase of a software package to provide protection and security for computer programs. Councilman Kott voted "No". MOTION CARRIED. 174.123: EXTENSION OF TIME TO CONTRACT WITH ALDO'S LANDSCAPING AND ASSESSMENT OF LIQUIDATED DAMAGES: (Brookhurst Community Park Parking Lot) On motion by Council- woman Kaywood, seconded by Councilman Thom, a 47-calendar day extension of time to the contract with Aldo's Landscaping for the Brookhurst Community Park Parking Lot and an assessment of $1,300 for liquidated damages for 52-calendar days, was approved as recommended in .memorandum dated September 27, 1977, from the City Engineer. MOTION CARRIED. 174.123: CONTINUANCE OF PARTICIPATION IN JUVENILE DIVERSION/TREATMENT PROGRAM: (October 1 through December 31, 1977) Councilman Kott offered Resolution No. 77R-653 for adoption, as recommended in memorandum dated September 23, 1977, from Chief of Police Harold Bastrup. Refer to Resolution Book. RESOLUTION NO. 77R-653: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM, THE CITY OF GARDEN GROVE AND THE CITY OF STANTON RELATING TO PARTICIPATION IN A JUVENILE DIVERSION/TREATMENT PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-653 duly passed and adopted. 77-2099 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. 152 & 174: ACQUISITION OF FEDERAL SURPLUS PROPERTY: City Manager Talley explained for Councilman Kott that minor amounts of money were involved relative to the proposed resolution authorizing the Emergency Services Coordinator and Purchasing Agent to sign for the acquisition of Federal Surplus Property. However, if at any time the amounts exceeded $500, request for authorization to sign would be submitted to the Council first. Councilwoman Kaywood offered Resolution No. 77R-654 for adoption, as recommended in memorandum dated September 22, 1977 from Frank Madden, Jr., Emergency Services Coordinator. Refer to Resolution Book. RESOLUTION NO. 77R-654: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING CERTAIN CITY EMPLOYEES TO ACT AS REPRESENTATIVES OF THE CITY FOR THE ACQUISITION OF FEDERAL SURPLUS PERSONAL PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS RELATING THERETO. (amounts not to exceed $500) 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-654 duly passed and adopted. 175: INSTALLATION OF ADDED FACILITIES TO CUSTOMER'S PREMISES FOR ELECTRICAL SERVICE: As requested by Councilman Kott, Utilities Director Gordon Hoyt clarified some points relative to the agreement at the conclusion of which, Councilwoman Kaywood offered Resolution No. 77R-655 for adoption, as recommended in memorandum dated September 23, 1977, from the Utilities Director. Refer to Resolution Book. RESOLUTION NO. 77R-655: A RESOLUTION OF THE CITY CLERK OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WHEREBY THE CITY INSTALLS ADDED FACILITIES TO A CUSTOMER'S PREMISES FOR ELECTRICAL SERVICE, AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENTS ON BEHALF 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-655 duly passed and adopted. 106: RESERVE APPROPRIATIONS - FISCAL YEAR 1976-77: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, reserve appropriations from fiscal year 1976-77 were approved as recommended in memorandum dated September 12, 1977, with attachments, from the Assistant City Manager. MOTION CARRIED. 108: REQUEST FOR REHEARING - ORDER TO SHOW CAUSE WHY GAMING PREMISES PERMIT SHOULD NOT BE REVOKED - CAMELOT ANAHEIM: Letter request by Ira D. Riskin, for a rehearing on the subject Order to Show Cause for the Camelot-Anaheim, 2232 West Sequoia Avenue, was submitted. 77-1100 City Hall~ Anaheim, California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. MOTION: In the interest of due process and upon recommendation of the City Attorney, Councilman Seymour offered a motion directing staff to inform Counsel for the Camelot-Anaheim that an affidavit would be required pursuant to Council Policy No. 105, setting forth reasons for new evidence being presented and why these could not have been presented at the first hearing, and extending the time one week for Mr. Riskin to present the necessary documentation. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 158: PROPOSED AGREEMENT WITH MATLOW-KENNEDY - SALE OF CITY-OWNED PROPERTY, ORANGEWOOD AVENUE AND RAMPART STREET AND LEASE OF A PORTION OF STADIUM PARKING LOT: City Manager Talley stated that staff recommended a continuance of one week for final consideration of the subject agreement because the Attorney for Matlow-Kennedy had not yet had an opportunity to review the document in its final form. MOTION: Councilwoman Kaywood moved that the matter be continued for one week as recommended. The motion died for lack of a second. Mr. Talley explained, for clarification purposes, that staff had met until 5:30 p.m. the prior evening finalizing the 50-page document. However, Mr. Alan Watts, attorney for Matlow-Kennedy, was meeting with the Utilities Department on urgent matters and was thus unable to review the document on behalf of his client. He (Talley) was certain that the agreement was in an acceptable form and he was ready to recommend it at this point for Council approval. City Attorney Hopkins stated that he could recommend the agreement as a legally sufficient document at this time, and the City Manager could address the economic aspects. Councilwoman Kaywood restated her motion that the proposed agreement with Matlow- Kennedy regarding the sale of City-owned property at Rampart Street and Orangewood Avenue and lease of a portion of the Stadium parking lot, be continued one week. Councilman Seymour seconded the motion. MOTION CARRIED. 105: APPOINTMENTS TO AD HOC COMMITTEE TO STUDY THE CITY'S ELECTRICAL UTILITY WITH THE POSSIBILITY OF PLACING THE QUESTION OF SALE THEREOF ON THE JUNE OR NOVEMBER 1978 BALLOT: Councilman Roth appointed Mr. Ken Keesee, Chairman of the Public Utilities Board, to the subject committee and, further, maintained his position that the committee should consist of members of that board. Councilman Kott appointed Dr. Ernest Kaye; Councilman Seymour appointed Mr. Ray Campbell; Councilwoman Kaywood appointed Mr. Wynn Anderson (PUB member); and Councilman Thom appointed Mr. Joseph White (PUB member). On motion by Councilman Thom, seconded by Councilman Kott, Mr. Bill Erickson was appointed to the ad hoc committee. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, Mr. Carl Kiefer (PUB member) was appointed to the ad hoc committee. MOTION CARRIED. 175: ORDER AUTHORIZING EDISON TO SELL ITS INTEREST IN SAN ONOFRE NUCLEAR GENERATINC STATION, UNITS 2 AND 3: (see minutes of September 27, 1977) Utilities Director Gordon Hoyt first explained that even though the proposed application was presented as being a recommendation of the Public Utilities Board, specific action was not taken by the Board. There was a misunderstanding on his part because he was certain 77-1101 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. they had taken action on that matter simultaneously with another application involving the San Diego Gas and Electric Company for a construction license in connection with the Sun Desert Nuclear Project at the PUB meeting of September 2, 1977. The matter was strictly a procedural one and at that time he was questioned by Board Member Stanton as to why action was not merely initiated in order to move things along. It was his (Hoyt's) impression, therefore, that both matters, the Sun Desert Application and the San Onofre matter, had been acted upon, but in listening to the tapes of that meeting, specific action was not taken. He reiterated that the subject application did not bind the City in any way, it was merely a procedural matter and recommended City Council approval. MOTION: Councilwoman Kaywood moved that Edison's application to the Public Utilities Commission of the State of California for an order authorizing Edison to sell a ].66% interest in the San Onofre Nuclear Generating Station, Units 2 and 3, to the City and authorizing the Utilities Director to sign the application be approved. Councilman Roth seconded the motion. Before a vote was taken, the Mayor explained that he listened in to the last Public Utilities Board meeting and detected that 4 or 5 members were perturbed because the matter had never been brought to them in a proper manner, and they had never seen documentation in the form presented to the Council (copy of "Application of Southern California Edison Company" dated September 19, 1977 with supporting data -- on file in the City Clerk's Office). Further discussion followed revolving around the supposed dissension at the PUB meeting concerning the application wherein Mr. Joseph White stated that the Board had not been presented with any documentation and the matter never came before them for their consideration. Councilman Seymour was not convinced that a majority of the Board would have been opposed to such a procedural action, but wanted assurance that such was not the case as contended by the Mayor. He did not want the public led to believe that a 3 to 2 vote of the Council to move ahead was an indication they were disregarding the input provided by the Public Utilities Board. Thus, he requested that Mr. Hoyt poll the Board Members to confirm that, in fact, they were not opposed to the action before the Council, otherwise he would not vote on the matter. Councilman Kott then broached the question of the $200 million investment tax credit that Edison would lose, should the sale of the interest in San Onofre, Units 2 and 3, come to fruition (see minutes September 27, 1977). Mr. Hoyt stated that was not correct, and Edison would still be entitled to the tax credit. At the time the agreement was negotiated, there was no question of the investment tax credit being placed in jeopardy. Certain agreements were reached as to what the responsibilities of the parties would be and the tax credit was not contemplated by anyone. If it did become an issue whereby Edison would lose that credit or the cities involved would have to pay if the sale came to pass, then the original agreement would become a virtual impossibility. If that occurred, a number of courses would be open to the City whereby the benefits of the bargain could be gained. He conceded, however, that the investment tax credit question was "in the air" at the moment. 77-1102 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. Mr. Hoyt then confirmed for Councilwoman Kaywood that approval was necessary today, in some form, to move ahead. Even though the time was extended from October 4 to October 24, 1977, the November 1, 1977 date, wherein all transactions had to be finalized, was still firm. Relative to savings that would be realized by the City's participation in San Onofre, as questioned by Councilwoman Kaywood, Mr. Hoyt stated that San Onofre, combined with the Intermountain and Sun Desert Projects, would result in an anticipated savings beginning in 1981 of approximately $600,000 a year and $87 million a year by 1990, averaging in the 20 percent range over that period of time. Wishing to state his position, Councilman Kott did not consider the proposed application to be a procedural matter but a step toward a goal, and as yet, the investment tax credit question had not been answered satisfactorily. Also, it was his understanding that if authorization were given, it would establish the possibility of approximately 5 or 6 additional personnel with lofty titles even though at one point, Mr. Hoyt indicated more personnel would not be required. In concluding, he wanted to know the input of the Public Utilities Board. Mr. Hoyt did not know what Councilman Kott was referring to relative to additional people and explained that the agreement in effect at the moment did not consider the addition of Anaheim people since the construction agreement would not require the City to add any employees, but only representatives to all committees. In most cases, he would be the representative, in others, Mr. George Edwards or special counsel, Alan Watts. Later in the meeting, Mr. Hoyt reported that he had polled the Public Utilities Board and Messrs. Kiefer, Haynie, Stanton and Anderson all indicated they thought the Board had essentially approved the proposed action. Mr. Townsend was under the impression that it was not discussed by the Board, but instead was going to be brought up by the Chairman. Mr. Keesee, Chairman, could not be contacted since he was away on business. Councilman Seymour surmised from the poll that there were 4 "yes" votes, 1 "no" vote and 2 abstentions. Councilwoman Kaywood withdrew her previous motion and Councilman Roth withdrew his second. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, application authorizing Edison to sell a 1.66% interest in its San Onofre Nuclear Generating Station, Units 2 and 3, to the City and authorizing the Utilities Director to sign the application was approved with the confirmation that the Public Utilities Board also recommended approval. Councilmen Kott and Thom voted "No". MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE FIRE TRUCK ENGINE: On motion by Councilman Thom, seconded by Councilman Roth, the low bid of McCoy Ford of Anaheim was accepted, and purchase authorized in the amount of $3,598.70, including tax, as recommended by A. L. Merriam, Mechanical Maintenance Superintendent. MOTION CARRIED. 77-] 103 _~.ity Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. 160: PURCHASE OF EQUIPMENT - ONE 69 kV CIRCUIT BREAKER WITH LIFTERS - BID NO. 3273: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the lowest evaluated bid of McGraw-Edison was accepted, and purchase authorized in the amount of $23,744, including tax, as recommended by the Purchasing Agent in his memorandum dated September 26, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE 1500 GPM FIRE PUMPER - BID NO. 3282: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the low bid of Clark Fire Apparatus was accepted, and purchase authorized in the amount of $95,082, including tax, as recommended by the Purchasing Agent in his memorandum dated September 26, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - 1,890 FEET OF 12-INCH PVC WATER PIPE - BID NO. 3295: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the low bid of Johns-Manville Sales Corporation was accepted, and purchase authorized in the amount of $17,710.06, including tax, as recommended by the Purchasing Agent in his memo- randum dated September 27, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - TWENTY PAD-MOUNTED TRANSFORMERS - BID NO. 3298: Mr. George Edwards, Electrical Superintendent, explained for Councilman Kott the basis for which Item Nos. 3 and 4 of the subject bid were recommended for being the lowest evaluated bid. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the low bids of McGraw-Edison Comapny for Item No. 1, 75 kVa, General Electric Company for Item No. 2, 112.5 kVa, and Westinghouse Electric Supply Company for Item Nos. 3 and 4, 150 and 225 kVa, in the amount of $10,785.50, $11,956,80 and $27,252.60, respec- tively, including tax, were accepted, and purchases authorized, as recommended by the Purchasing Agent in his memorandum dated September 27, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - M~DIUM SIZE LAWN EQUIPMENT - BID NO. 3302: On motion by Councilman Thom, seconded by Councilwoman Kaywood, the low bid of Toro Pacific Distributors was accepted, and purchase authorized in the amount of $28,210.84, including tax, as recommended by the Purchasing Agent in his memorandum dated September 23, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - LARGE MOWERS AND EDGER - BID NO. 3303: On motion by Councilman Thom, seconded by Councilman Roth, the low bid of B. Hayman Company was accepted, and purchase authorized in the amount of $24,161.64, including tax, as recommended by the Purchasing Agent in his memorandum dated September 26, 1977. MOTION CARRIED. 105: HACMAC - EIR AND GENERAL PLAN FOR EXTENSION OF ELECTRIC UTILITY FACILITIES: The Mayor referred to a letter dated September 12, 1977, from Mr. Mike Perry, Chairman of HACMAC, requesting that the Council appoint a study committee (2 members from HACMAC, 2 members from the Planning Commission, and 1 representative from the Electrical Division) to evaluate all types of interest in their decision making as to site and ultimate facility design for the extension and expansion of electric utility facilities in the Santa Ana Canyon/Anaheim Hills area. Councilwoman Kaywood recalled that two years prior, the Hill and Canyon Task Force became involved in the particular item. She was concerned over the creation of so many committees, thus tying up staff continually. She, therefore, did not consider the proposed committee to be necessary. It" 77-1104 City Hall, Anaheim~ California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. Councilman Seymour disagreed, stating he was Chairman of the Task Force at that time, and the only thing discussed relative to the matter was that the substation was going to be located somewhere out in that area, and no further study took place. A brief discussion followed regarding the proposed make-up of the committee at the conclusion of which, Councilman Seymour offered a motion approving the formation of a study committee as recommended, 2 members from HACMAC, 2 members from the Planning Commission, and 1 member from the Electrical Division of the Utilities Department, regarding site and facility design for the proposed substation. Councilman Kott seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for ten minutes. (2:50 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:00 P.M.) PUBLIC HEARING - WAIVER OF HILLSIDE GRADING ORDINANCE, TENTATIVE TRACT NO. 10031: Request by Anaheim Hills, Inc., for waiver of the lot line requirement of the Hillside Grading Ordinance for Tentative Tract No. 10031, for a 29-1ot subdivision on property located on the south side of Nohl Ranch Road, west of Anaheim Hills Road. The City Planning Commission, by motion, recommended approval. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he closed the public hearing. On motion by Councilman Seymour, seconded by Councilman Roth, waiveC of lot line requirement of the Hillside Grading Ordinance for Tentative Tract No. 10031 was approved, as recommended by the City Planning Commission. MOTION CARRIED. PUBLIC HEARING - VARIANCE NO. 2955 - REHEARING: Submitted by Sheldon and Constance Golison, to construct two commercial buildings on CL zoned property located southwest of Orange and Magnolia Avenues, with code waivers of: a) minimum number of parking spaces (denied) b) maximum building height c) minimum building setback (deleted) A negative declaration was granted on the proposed project and subject variance was denied by the City Council on September 13, 1977 (see minutes that date), with sub- sequent request for rehearing filed by Harold G. Morehead, Investors Real Estate Services, Agent, and rehearing scheduled this date. The City Clerk noted that a petition was received dated September 25, 1977, con- taining 25 signatures opposing any 24-hour fast food-type market or any businesses serving alcoholic beverages in connection with Variance No. 2955. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Hal Morehead, Investors Real Estate Services, Agent, 2790 Harbor Boulevard, Costa Mesa, stated, as he did in his letter requesting the rehearing, that it was not clear to him at the meeting of September 13, 1977, that the stipulations re- quested of him limting hours of operation with no on-sale or off-sale liquor were 77-]].05 .City Hall~ Anaheim, California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. determinants as to whether or not the request for variance would be granted. If so, he would have agreed to the stipulations, thus avoiding the need for a rehearing. He thereupon stipulated to the limitation of hours no later than 11:00 p.m. and no alcoholic beverages except on prior or subsequent specific approval of the City Council. Discussion followed between Council and Mr. Morehead concerning the limitation of hours to both starting and closing. Although a 7-11 market had initially been considered by the developer at that location, it was not the applicant's intent at this time to have that type of operation in the proposed center since ground was being broken at Broadway and Magnolia for a 7-11 market. He further stated no food store that sold alcoholic beverages would be part of the center. Councilwoman Kaywood expressed her concern relative to the subject corner (Orange and Magnolia) stating it was not a commercial corner, but a good residential neighborhood. Several of the residents suggested that the existing Arco service station be removed and houses built there, and she would be the first one to make such a motion. She did not want to see another neighborhood going downhill and felt that the developers must keep in mind they would be responsible for either destroying or upholding the neighborhood. Mr. Morehead understood the thrust of Councilwoman Kaywood's remarks, but was not certain what his response could be outside of reiterating the stipulations limiting hours of operation and no alcoholic beverages. He also did not see any problem with the staKting time of 8:00 or 9:00 a.m., considering the type of businesses that would be located in the center, although he would hesitate to restrict it beyond 8:00 a.m. The Mayor asked if anyone wished to be heard either in favor or in opposition. Mrs. Barbara Vernengo, 2617 Westhaven Drive, posed questions relative to the stipu- lations made by the applicant, specifically regarding the hours, whether or not an extension of those hours could be requested, and the 8-foot block wall stipulated to at the Planning Commission meeting. The Mayor clarified that the applicant agreed to accept (1) no hours of operation before 8:00 a.m. or after 11:00 p.m. and (2) no sale of alcoholic beverages or beer or wine. There was nothing to stop the applicant from requesting an extension of hours in the future, however, any such change would require another public hearing. Mr. Morehead interjected, in order to reassure Mrs. Vernengo, the residents, and the Council, that all stipulations made to, and conditions imposed by, the Planning Commission would be met, such as the 8-foot block wall, additional mansard roof at the rear of the one-story building, the various conditions concerning landscaping, lighting, etc. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilman Seymour offered Resolution No. 77R-656 for adoption, granting Variance No. 2955, in part, subject to all conditions, requirements and stipulations given to the Planning Commission, as well as two additional stipulations given by the applicant: 77-1106 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. (1) limitation of hours--not prior to 8:00 a.m. and not after 11:00 p.m. and (2) no off-sale beer, wine or liquor. Refer to Resolution Book. RESOLUTION NO. 77R-656: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2955, IN PART. 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-656 duly passed and adopted. RECLASSIFICATION NO. 77-78-13~ REqUeST FOR REHEARING: Request by Floyd L. Farano, Attorney for H. F. Vanasek, for a rehearing on Reclassification No. 77-78-13, proposed change of zone from RS-A-43,000 to CL and RS-7200 on two portions of property located at the southeast corner of McKinnon and Lakeview Avenue. Mr. Floyd Farano first requested that the date of the rehearing be changed to December 15, 1977 and, secondly, in answer to Councilwoman Kaywood as to whether or not a 7-11 market was still being considered, stated that at present nothing and everything was under consideration. They were persuaded that the corner was a commercial one, and they were trying to ascertain the best and most acceptable use that would occupy the same space the 7-11 market was proposed to occupy. At the outset, the petitioner wanted to build three residential units to the east as the addition of commercial use would be better buffered by residential structures. They would continue to work with the residents and inform them of what they would be proposing although he could not be more specific at this time. Mrs. Rose Ann Kirschman, 4710 East McKinnon, stated that while everyone would be back on December 15, 1977, attending meetings was expensive and inconvenient in order to keep abreast of the situation and that was why she was the only resident of the area in the Chamber. Thereupon, Mayor Thom explained that the Council would consider making it as easy as possible for the residents by setting an evening hearing in order to preclude their having to take off work to attend. Mrs. Kirschman continued, speaking for the neighborhood, if there were certain limitations placed on the applicant just as with the prior matter, she could guarantee that the residents would meet the developer half-way. The limited hours would eliminate her fears of a 7-11 market becoming a truck stop and no alcoholic beverages would alleviate some of the fear relative to the children going to and from school. Also, if they could have documentation that the investor was planning to build three houses as a buffer as opposed to a totally commercial corner, it would assist in making the project a workable situation because of the crosswalk located on the same side of the street as the proposed project. Councilwoman Kaywood commented that if an agreement could be reached between the residents and the applicant beforehand, there would be no need for a night meeting; Mrs. Kirschman, however, wanted whatever transpired to be a matter of public record and not just an agreement between the residents and the applicant. 77-1107 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. In closing, Mr. Farano assured Mrs. Kirschman that he would keep her well informed of all matters relative to the project. On motion by Councilman Kott, seconded by Councilman Seymour, request for a rehear- ing on Reclassification No. 77-78-13, with attendant fees, was approved and set for December 13, 1977, at 7:00 p.m. in the Council Chamber. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by AIU Insurance Company for property damages purportedly sustained by Lynn J. Killingbeck as a result of overspray in the alley at 1112 Fay Lane on or about July 11, 1977. b. Claim submitted by Debra A. Johnson for personal injuries purportedly sustained as a result of inoperative traffic signals (91 Freeway and Brookhurst Street) on or about June 16, 1977. c. Claim submitted by John F. Farrell and T. Keith Pocock for personal injuries and property damages purportedly sustained as a result of rocks and gravel lying on the pavement (Villa Real Road) causing vehicle to go out of control on or about June 17, 1977. d. Claim submitted by Leland Hauck for property damages purportedly sustained as a result of slippery street (Crescent Way) on or about August 14, 1977. e. Claim submitted by Anne M. Pentz for monetary damages purportedly sustained as a result of towing charges incurred on or about August 27, 1977. f. Claim submitted by Mrs. Carla S. Taylor for personal injuries purportedly sustained as a result of a traffic signal malfunction at State College Boulevard and Ball Road on or about July 11, 1977. g. Claim submitted by Robert Timothy Famacho, aka Robert Timothy Aguirre, for personal injuries purportedly sustained as a result of an auto accident at La Palma and Mira Loma on or about June 14, 1977. h. Claim submitted by Thomas James Everly for damages/intentional infliction of emotional distress purportedly sustained as a result of his false arrest and im- prisonment on or about June 17, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Public Utilities Commission of the State of California, Notice of Filing of Application No. 57578 of Southern California Gas Company for authorization to (1) increase rates for gas service to offset the costs associated with 1978 Voluntary Load Reduction Plan, (2) establish a conservation adjustment account and (3) implement major customer incentive programs. 77-1108 City Hall, Anaheim~ California - COUNCIL MINUTES - October 4, 1977~ 1:30 P.M. b. 114: City of Santa Ana Resolution No. 77-108 recommending certain actions on Assembly Bill 1852 relating to nuclear power plants. c. 114: City of Newport Beach letter to the Energy Resources Conservation and Development Commission re their Notice of Receipt of Notice of Intention - proposed Southern California Edison combined cycle power plant. 3. 108: AMUSEMENT DEVICES AND ENTERTAINMENT PERMITS: The following permits were approved in accordance with the recommendations of the Chief of Police: a. Amusement Devices Permit to allow pool tables, pinball machines and pong tables, at Jezebel's, 125 North State College Boulevard. (Karl Robert Nielsen, applicant) b. Entertainment Permit for a singer-guitarist to perform Sunday through Saturday, evenings only, at the E1 Puerquito de Oro, 1201 West Lincoln Avenue. (John William Clauson, applicant) MOTION CARRIED. Councilman Kott left the Council Chamber. (3:30 P.M.) 114: MOTOR VEHICLE NOISE EMISSION CONTROL - ORANGE COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 77-1430: Councilwoman Kaywood moved that Anaheim go on record in support of the subject resolution. The motion died for lack of a second. No action was taken by the Council. 105: PARK AND RECREATION COMMISSION - MINUTES OF AUGUST 24, 1977: Councilwoman Kaywood requested that the minutes of the Park and Recreation Commission meeting dated August 24, 1977, be corrected to reflect that she was in attendance at that meeting. On motion by Councilman Seymour, seconded by Councilman Roth, the minutes of the Park and Recreation Commission meeting held August 24, 1977 were received and filed with the correction that Councilwoman Kaywood was in attendance. Councilman Kott was temporarily absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Seymour offered Resolution Nos. 77R-657 through 77R-664, 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. RESOLUTION NO. 77R-657: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (David E. Harlan) 169: RESOLUTION NO. 77R-658: 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: GRAND AVENUE STREET IMPROVEMENT, LINCOLN AVENUE TO DEL MONTE DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 806-A, ACCOUNT NO. 12-4309-734-16-0000. (Silveri & Ruiz Construction Company) 77-1109 City Hall, Anaheim~ California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. 174.123: RESOLUTION NO. 77R-659: 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: BROOKHURST COMMUNITY BUILDING DEVELOPMENT - STAGE I, IN THE CITY OF ANAHEIM, WORK ORDER NO. 881, CA-0806-0, E.D.A. PROJECT NO. 07-51-08031, ACCOUNT NO. 16-4309-812-18-0001. (Aldo's Landscaping) 164: RESOLUTION NO. 77R-660: 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: LINCOLN AVENUE SEWER IMPROVE- MENT & GRAND AVENUE SEWER LATERAL EXTENSIONS, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1266 - ACCOUNT NO. 11-4309-742-16-0000. (Kershaw Construction Company) 174.123: RESOLUTION NO. 77R-661: 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: SEWER LINE INSTALLATION, N/O LINCOLN, BETWEEN EMILY AND CLAUDINA, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1711. (Vatverde Construction Inc.) 169: RESOLUTION NO. 77R-662: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BROADWAY STREET IMPROVEMENT, W/O ADAMS STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-4309-708-000; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUC- TION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened November 3, 1977, 2:00 P.M.) 169: RESOLUTION NO. 77R-663: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: FAIRMONT BOULEVARD LANDSCAPING IMPROVEMENT, N/O SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, A.H.F.P. NO. 837, PROJECT NO. 13-4309-741-16-0000; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened November 3 1977 2:00 P.M.) ' ' 170: RESOLUTION NO. 77R-664: 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 (NORTH OF NOHL RANCH ROAD, EAST OF VILLA REAL ROAD). (Tract No. 8647, Lot Nos. 15, 16 17 and 18) ' 77-1110 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. 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 Resolution Nos. 77R-657 through 77R-664, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held September 12, 1977, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 77-78-9 AND CONDITIONAL USE PERMIT NO. 1733(READV.): Submitted by Fred W. and Patricia B. Morgenthaler, for a change in zone from RS-A-43,000 to CL to permit a roller skating rink on property located at the southeast corner of Lincoln Avenue and the Orange Freeway with certain code waivers. The City Planning Commission, pursuant to Resolution Nos. PC77-198 and PC77-199, denied Reclassification No. 77-78-9 and Conditional Use Permit No. 1733 (Readv.), and granted negative declaration status. 2. RECLASSIFICATION NO. 77-78-12: Submitted by Bland Huffman and Shirley S. Huffman, for a change in zone from RS-A-43,000 to RM-1200 on property located on the west side of Western Avenue, north of Ball Road. The City Planning Commission, pursuant to Resolution No. PC77-200, granted Reclassification No. 77-78-12, and granted negative declaration status. 3. RECLASSIFICATION NO. 77-78-16: Submitted by Thelma I. Winter, for a change in zone from RS-A-43,000 to RM-1200 on property located at 920 South Western Avenue. The City Planning Commission, pursuant to Resolution No. PC77-201, granted Reclassification No. 77-78-16 and granted negative declaration status. 4. RECLASSIFICATION NO. 77-78-17 AND VARIANCE NO. 2965: Submitted by Frances Plou and James A. Hauntsman, for a change in zone from RS-A-43,000 to CL to establish an art gallery and studio with code waiver of minimum front setback on property located at 3043 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution Nos. PC77-202 and PC77-203, granted Reclassification No. 77-78-17 and Variance No. 2965, and granted negative declaration status. 5. VARIANCE NO. 2963: Submitted by Niles and Emily Guichet, to construct a tennis court with code waiver of minimum required setback on RS-HS-43,000 zoned property located at 100 Strata Place. The City Planning Commission, pursuant to Resolution No. PC77-209 granted Variance No. 2963 and ratified the Planning Director's categorical exemption determination. 77-1111 City Hall, Anaheim, California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. 6. VARIANCE NO. 2964, EIR NO. 205 AND TENTATIVE TRACT NO. 10031: Submitted by Anaheim Hills, Inc., to establish a 29-1ot subdivision with code waiver of minimum building pad area on proposed RS-5000 zoned property located on the south side of Nohl Ranch Road, west of Anaheim Hills Road. The City Planning Commission, pursuant to Resolution No. PC77-211 granted Variance No. 2964, certified EIR No. 205 as being in compliance with City and State Guide- lines and the State of California Environmental Quality Act, and approved Tenta- tive Tract No. 10031. 7. VARIANCE NO. 2967: Submitted by Wayne C. and Laura L. Lawhom, to permit a wholesale tire storage yard with code waiver of permitted uses on RS-A-43,000 zoned property located at 222 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC77-204, denied Variance No. 2967 and granted negative declaration status. 8. CONDITIONAL USE PERMIT NO. 1744: Submitted by Delano, Ltd., to expand a drive- through restaurant on CL zoned property located at 3060 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC77-205, granted-Con- ditional Use Permit No. 1744 and ratified the Planning Director's categorical exemption determination. 9. CONDITIONAL USE PERMIT NO. 1746: Submitted by Shaw and Talbot, to permit outdoor steam cleaning of forklifts on ML zoned property located at 1176 Osprey Circle. The City Planning Commission, pursuant to Resolution NO. PC77-206, granted Condi- tional Use Permit No. 1746, and ratified the Planning Director's categorical exemption determination. At the request of Councilwoman Kaywood, Miss Santalahti stated that she would, for informational purposes, investigate to see if the applicant had considered the recycling the water used for steam cleaning of the forklifts. 10. CONDITIONAL USE PERMIT NO. 1747: Submitted by Harry S. Rinker and Walter A. Frome, Jr., to permit an auto repair shop on ML zoned property located at 5600 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC77-211, granted Condi- tional Use Permit No. 1747 and ratified the Planning Director's categorical exemp- tion determination. 11. CONDITIONAL USE PERMIT NO. 1748: Submitted by American National Properties, to permit retail sales in the ML zone on property located at 2511 West La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC77-207, granted Condi- tional Use Permit No. 1748 for two years and ratified the Planning Director's categorical exemption determination. 77-1112 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. 12. CONDITIONAL USE PERMIT NO. 1749: Submitted by Lilyan P. Lynn, Alfred F. Skluth and Howard Lynn, to permit a brake and muffler shop on CL zoned property located at 2551 West Ball Road. The City Planning Commission, pursuant to Resolution No. PC77-208, granted Condi- tional Use Permit No. 1749 and ratified the Planning Director's categorical exemp- tion determination. 13. CONDITIONAL USE PERMIT NO. 1653 - TERMINATION: Submitted by Joseph Maag, requesting termination of Conditional Use Permit No. 1653, to establish a private club on ML zoned property located at 1910-1911 Wright Circle. The City Planning Commission, pursuant to Resolution No. PC77-212, terminated Conditional Use Permit No. 1653. 14. CONDITIONAL USE PERMIT NO. 1740 - REVISED PLANS: Request by Naugles, Inc., Agent, for approval of revised plans for a drive-through restaurant with code waiver of minimum number of parking spaces on CL zoned property located north and west of the northwest corner of La Palma Avenue and State College Boulevard. The City Planning Commission approved revised plans for Conditional Use Permit No. 1740. 15. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Request for negative declaration for installation of a temporary telephone cable on an existing pole line located along Santa Aha Canyon Road between Lakeview Avenue and Anaheim Hills Road. The City Planning Commission granted negative declaration status. No action was taken on the foregoing items, thus upholding the actions of the City Planning Commission. RECLASSIFICATION NO. 76-77-54~ VARIANCE NO. 2936 AND TENTATIVE TRACT NO. 9815, AND RECLASSIFICATION NO. 76-77-55 AND VARIANCE NO. 2937, ADJACENT PROPERTIES: Application by William M. and Betty Jo Clow, for a change in zone from RS-A-43,000 to RM-1200 to establish a 12-lot, 43-unit subdivision on property located on the north side of Simmons Avenue, east of Haster Street with code waivers of: (a) maximum building height and (b) minimum recreational-leisure area, and a 10-unit complex with waiver of maximum building height on property located on the east side of Haster Street, south of Wilken Way. The City Planning Commission, pursuant to Resolution Nos. PC77-194 and PC77-195, granted Reclassification No. 76-77-54 for RM-4000 zoning; denied Variance No. 2936; denied, by motion, Tentative Tract No. 9815; and granted a negative declaration status. The City Planning Commission, pursuant to Resolution Nos. PC77-196 and PC77-197 granted Reclassification No. 76-77-55 for RM-4000 zoning, denied Variance No. 2937, and granted a negative declaration status. The City Clerk referred to a copy of a letter dated September 30, 1977, written by Mr. Nicholas Netty, to Mr. and Mrs. Clow, containing comments regarding the two subject reclassifications with a list of cOnditions that he wished the Clows to consider. 77-1113 City Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. Mayor Thom thereupon requested a review of both reclassifications, attendant variances and tentative tract. Councilwoman Kaywood stated that she did not feel it was necessary to have the matters set for public hearing and noted that the architect for the proposed projects was in the Chamber. Mr. Dan L. Rowland, Dan L. Rowland and Associates, 1000 West La Palma, stated he was not certain it was in the best interest of the community to set the matters for public hearing since everything the neighbors wanted to accomplish had been accom- plished, and the letter request contained items which were embodied in the Planning Commission's approval, with some exceptions. The applicants stipulated in the public hearing that they would go back to the neighbors with the project as it was developed with RM-4000 zoning. Also, the adjacent owners of vacant property wanted a resolution of intent to the same zoning on their property, once and for all insuring what was going to be developed in the future. He reiterated he saw no reason to extend the matter further, especially considering the tentative tract map had already been made the object of further public hearing by the Planning Commission. Normal expediting of the projects could take place if they were not set for a hearing, otherwise two or three more hearings would be involved. The best interests of the Clows and the neighbors had been and would be served in the public hearing already guaranteed them relative to the tentative tract. The Mayor stated although he understood the thrust of Mr. Rowland's presentation, he was still requesting a review of the subject zoning matters, both to be set for public hearing on October 18, 1977, 3:00 P.M. Councilman Kott returned to the Council Chamber. (3:38 P.M.) 134: GENERAL PLAN AMENDMENT NO. 144: Request regarding the north side of Simmons Avenue, east of Haster Street and generally west of Vern Street continued from September 27, 1977. The City Clerk reported that letter dated October 3, 1977 was received from Mr. and Mrs. William J. Mohler and Mr. and Mrs. Robert Calhoun withdrawing their request to have the area included in General Plan Amendment No. 144. In light of the above communication, no action was taken by the Council. ORDINANCE NO. 3761: Councilman Thom offered Ordinance No. 3761 for adoption. Refer to Ordinance Book. 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. 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. 3761 duly passed and adopted. 77-1114 City Hall~ Anaheim~ California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. ORDINANCE NO. 3772: Councilman Thom offered Ordinance No. 3772 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3772: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-35, RM-1200) Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3772 duly passed and adopted. Councilwoman Kaywood explained the reason she abstained was due to the fact that Ball Road was now too dense with apartments thus adversely impacting schools in the neighborhood. It was time to investigate the matter and put a stop to the proliferation of apartments. 155: ORDINANCE NO. 3773: Councilman Kott offered Ordinance No. 3773 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3773: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTION 18.84.042.012 OF TITLE 18, CHAPTER 18.84 OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW SUBSECTION IN ITS PLACE AND STEAD RELATING TO ZONING. (Roof-mounted solar collector panels allowed in Scenic Corridor by Conditional Use Permit) 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. 3773 duly passed and adopted. 179: RESOLUTION NO. 77R-665: Councilwoman Kaywood offered Resolution No. 77R-665 for adoption, amending Resolution No. 73R-210 establishing fees for zoning applica- tions and appeals, regarding roof-mounted solar collector panels and related equipment in the Scenic Corridor Overlay Zone. Refer to Resolution Book. RESOLUTION NO. 77R-665: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 73R-210 ESTABLISHING FEES FOR ZONING APPLICATIONS AND APPEALS. 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-665 duly passed and adopted. 77-1115 ~ity Hall, Anaheim, California - COUNCIL MINUTES - October 4, 1977, 1:30 P.M. ORDINANCE NOS. 3774 AND 3775: Councilman Kott offered Ordinance Nos. 3774 and 3775 for first reading. ORDINANCE NO. 3774: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-53(2), CL) ORDINANCE NO. 3775: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-10, CL) 163 & 179: COMMUNICATION FROM HACMAC - ROOF-MOUNTED EQUIPMENT, ANAHEIM HILLS ELEMENTARY SCHOOL: Councilman Seymour referred to a letter dated October 4, 1977, from Mike Perry, HACMAC Chairman, relative to the roof-mounted air conditioning equipment at the subject school which is in violation of the Scenic Corridor Overlay Ordinance. He thus directed the City Attorney to submit recommendations as to what could be done legaLly~to uphold the Scenic Corridor Ordinance and, as well, delay approval of occupancy permits, utility hook-ups or other City services to assure Orange Unified School District conformance; the latter having been suggested by the Mayor. 107 AND 123: REQUEST FOR REMOVAL OF FREDERICK LITTLE HOUSE: Councilman Seymour referred to a letter from Mr. Art Shipkey requesting that the Frederick Little house be removed from his property on the corner of Broadway and Manchester Street within 30 days. He thus directed the City Manager to communicate with Andy Deneau and all others who are involved with it being moved onto the property to ascertain the disposition of the house. He wanted all parties informed before the Council unilaterally took any action. Even though Councilman Kott felt it may be a civil matter ~etween Mr. Shipkey and Mr. Deneau, he considered it a moral responsibility of the City since money was provided to move it onto the property as well as asking Mr. Shipkey to go along with the plan. At the conclusion of a brief Council discussion on tbe matter, City Manager Talley stated that the subject was set for a report to the City Council on October 18, 1977, and all parties would be notified. 120 AND 173: SOUTHERN PACIFIC RAILROAD ACTIVITY - SANTA ANA~STREET: Councilman Seymour moved that relative to the letter and petition received from residents of the area, that a sound study be conducted by staff to determine the severity of the existing conditions since the Southern Pacific Railroad franchise was going to be considered by Council sometime in the near future. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 131: DEPARTMENT OF TRANSPORTATION - SIX-YEAR HIGHWAY PROGRAM: Councilman Seymour referred to a letter dated September 23, 1977, from the Department of Transportation which set forth the 1977 Six-Year Highway Program of the Department which included many landscaping projects. He stated that since the greatest concern came from a particular section of the Route 57 freeway, from Ball Road to Route 91 Freeway, that a letter be directed to the Department of Transportation asking that the money budgeted for the 1978-79 Program Year for landscaping at the Riverdale overpass at Sunkist, La Palma and Mira Loma of the Route 57 Freeway be directed to that portion of the freeway where citizens demonstrated the greatest concern rather than the 1979-80 Program Year. 77-1116 City Hall, Anaheim, California - COUNCIL MINUTES - October 4~ 1977~ 1:30 P.M. On motion by Councilman Seymour, seconded by Councilman Thom, Public Works was directed to draft a letter to the Department of Transportation asking that money budgeted for 1979-80 Program Year for landscaping the Route 57 Freeway from Ball Road to the Route 91 Freeway be accelerated to the 1978-79 Program Year. MOTION CARRIED. Councilwoman Kaywood stated that she had been in communication with the Director of District 7 of Caltrans with regard to their initiating measures as a priority and emergency item to make that portion of the Route 57 Freeway safer in the area of Chantilly Street relative to the incidents of vehicles vearing off the freeway and going through backyard walls (see of minute§, of September 20, 1977). 148: STATE LEAGUE OF CALIFORNIA CITIES CONFERENCE: Councilman Roth expressed his annoyance with the Mayor relative to the remarks he had typed on an article from the Register and distribut~, wherein he (Roth) was shown in attendance at a reception. He reminded the Mayor of the fact that, (1) it was a unanimous vote of the Council to send him to the League meeting in San Francisco; (2) the Council unanimously voted to pay State League dues for the City; (3) the subject reception was a special one held for the League President-elect Duane Winters, Mayor from Fullerton and, (4) not one cent of Anaheim funds was used for the reception for which he received a special invitation as an Anaheim Councilman, but was paid for by the City of Fullerton and their Chamber of Commerce. He thus considered the Mayor's remarks to be out of order especially in view of the fact that he left his place of business for four days to attend the State meeting which he considered to be beneficial to the City. Further Council discussion then followed relative to the issue of Orange County League Division dues, wherein Councilman Roth confirmed for Councilwoman Kaywood that although the City did receive their money's worth, because of his attendance at the State League meeting, he remained adamant in his stand on the $500 entry fee for all cities in the Orange County Division and subsequently elaborated upon and reiterated his reasons for so doing. RECESS - EXECUTIVE SESSION: By general consent, the City Council recessed into Executive Session. (4:00 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (4:20 P.M.) 112 & 118: LITIGATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Attorney was directed to settle claims submitted by (1) Robert E. Heinrich and (2) Richard Zimmerman, as recommended by the City's Claims Adminis- trator. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 4:23 P.M.