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1976/08/31 76-h18 C~tL Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn COUNCIL MEMBERS: Seymour CITY MANAGER: William o. Talley CITY ATTORNEY: Alan R. Watts DEPUTY CITY CLERK: Linda D. Roberts DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. UTILITIES DIRECTOR: Gordon Hoyt ELECTRICAL SUPERINTENDENT: George Edwards PERSONNEL SERVICES MANAGER: Dave Hill DEPUTY CITY ATTORNEY: Malcolm E. Slaughter CITY ENGINEER: James P. Maddox ZONING SUPERVISOR: Annika Santalahti Mayor Thorn called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: invocation. Reverend Gordon Sloan of the Melodyland Hotline Center gave the FLAG SALUTE: to the Flag. Councilman Don R. Roth led the assembly in the Pledge of Allegiance OATH OF OFFICE - CITY CLERK: Councilwoman Miriam Kaywood administered the Oath of Allegiance to Linda D. Roberts, appointee to the Office of City Clerk, effective September 4, 1976. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Thorn, minutes of the Anaheim City Council regular meetings held July 13 and 27, 1976 were approved. Councilman Seymour was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, an~ 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 reading of such ordinance or resolution. Councilwoman Thorn seconded the motion. Councilman Seymour was absent. MOTION UNANIMOUSLY CARRIED. REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Financial demands against the City in the amount of $643,837.43 in accordance with the 1976-77 Budget were approved. LONG BEACH GRAND PRIX ALLEGATIONS: Mayor Thorn referred to several articles which had recently appeared in the news media relating to Mr. William o. Talley's activities in connection with the Long Beach Grand Prix during his employment as Deputy City Manager in the City of Long Beach. Mayor Thorn stated that these news- paper ~rticles contained certain allegations which might lead one to believe that Mr. Talley's conduct in that office as it relates to these areas was clouded. ~O~ION: Mayor Thom indicated that he felt the Anaheim City Council should inves- tigate these allegations, so as to either disprove or substantiate them, and thereby remove the questions from their own minds. Councilman Thorn thereupon moved that the Anaheim City Council contact the Los Angeles District Attorney's Office and request that an investigation be conducted of the comments contained in the news article so that they might make a determination as to whether or not Mr. Talley has done anything which needs remedial action as far as the City of Anaheim is concerned. Councilman Kott seconded the motion. Mr. Talley requested and was given an opportunity to comment on the motion prior to voting on same. He remarked that as the Council is aware, he had personally informed each member of these newspaper articles and provided copies of them, since the first one appeared. He outlined that the function of his department in Long Beach was to gather information, analyze and recommend what the City's course of action should be. In the case of the Grand Prix motor race, his department's work was performed with full concurrence of the City Manager and with the knowledge, leadership and concurrence of the Long Beach City Council. Mr. Talley submitted a copy of the billing to the producers of the Long Beach Grand Prix which is under question, and requested that the City Clerk be directed to file this as a public record so that it might be available for the ,,: ,-""=--,,,.~ 76-619 ~ity Hall, Anaheim, California - COUNCIL MINUNITES - August 31, 1976, 1:30 P.M. edification of the City Council and citizens of Anaheim. Mr. Talley recalled that he was requested to provide to the City Manager of Long Beach a breakdown of City costs incurred in connection with the Grand Prix to be used in preparation of the bill for the producers of the race. He explained that he included in this cost breakdown all expenses he thought justified and closed the memorandum with a request for an early meeting to discuss this information. He noted that he has never since been contacted regarding that report. He has received in the mail, at his request, a copy of the billing which was eventually sent to the Grand Prix West, and it appears that the City Manager may have made a decision to reduce some of the charges based on that memorandum he had prepared, but this decision was never discussed with him. With reference to the City of Long Beach travel policy, also referred to in the newspaper articles, ~1r. Talley reported that he had found out it was changed on March 29, 1976 and he has never seen the new travel policy. Mr. Talley concluded that he felt the City of Anaheim needs an investigation of these allegations, and that despite his efforts to interest the officials of Long Beach and the Federal Correction and Governmental Task Force to conduct same, he has so far been unsuccessful. He read to the Council a letter which he proposed, with Council's permission, to má~l to the Los Angeles District Attorney requesting an early review of this matter. He pledged his cooperation to the extent, if necessary, of using his own personal time to expedite the investiga- tion. He noted that certain members of the Council had even indicated a willing- ~ess to share the cost any such investigation might entail. Mayor Thorn concurred with the letter proposed to be mailed but suggested that it be sent over the joint signatures of Mr. Talley and the Anaheim City Council and that the ensuing report returned from the Los Angeles District Attorney be sent directly to the City Council. Mr, Watts stated that it would be highly unusual for the City of Anaheim to pay for any part of the cost of an investigation conducted by the District Attorney's Office inasmuch as such an investigation would be performed to d~termine whether or not a criminal action had taken place within their area of jurisdiction and would be an activity normally and routinely conducted by that office. At the conclusion of discussion, it was determined that the portion of the letter referring to the City of Anaheim sharing a part of the cost of an investigation would be deleted and Council Members Thorn and Kott amended the aforegoing motion to include the full reading of a letter under joint signature of Mayor Thorn for the Anaheim City Council, and Mr. William O. Talley to Los Angeles District Attorney John Van de Kamp. Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood indicated agreement with this investigation, however, noted that it is unfortunate that a person's good reputation can be besmirched by one newspap~r article. ANAHEIM CHAMBER OF COMMERCE CONTRACT: Mr. John Flocken, 1320 South Hacienda Street, President of the Anaheim Chamber of Commerce, outlined the purposes which the Chamber and City have in common, these being in the areas of public relations, public information, community services and economic development. He reviewed the history of the City's relationship with the Chamber which resulted in a contractual agreement for advertising and promotional work to be performed for the City entered on June 24, 1969 and amended to the present terms on July 17, 1973. Mr. Flocken reviewed the allocations in the Chamber budget in detail, as follows: $31,529 for salaries and benefits of CETA employees stationed at the Chamber; $10,985 for printing and distribution of City maps; $4,062 for the industrial directory; $5,600 for the statistical digest; $1,345 for economic profiles; $2,280 for the Anaheim color brochure; $8,720 for the "Dynamic Anaheim" program; and $3,500 for a Halloween parade float. Mr. Flocken concluded that if the Anaheim City Council feels the funds appro- priated to the Chamber for these services are a subsidy, rather than an effective approach to advertising and promotion programs, then the contract agreement should be cancelled. . .' ..,' \ ._"""'-.T7.-',-- _U,"" 76-620 ~~. Hall, Anaheim, California - COUNCIL MINUTES - August 312- 1976, 1:30 P.M. During discussion, Councilman Kott pointed out that since the City of Anaheim is on a strict economy program wherein they have even deleted funds for the City Newsletter, it would seem to him that the Chamber should show good faith in declining to accept further subsidies from the taxpayers. He noted that the City Manager has proposed the creation of an economic commission for the City of Anaheim which would be charged with the responsibility of finding the ways and means of bringing business into the community, and he personally would prefer that the Chamber not receive any subsidy from the City inasmuch as he does not believe that the taxpayers, homeowners or small businessmen of Anahejm receive any benefit from the Chamber and its activities. If the business interests in the City wish to have such an organization as a Chamber of Commerce, Councilman Kott felt they should support it financiall~ rather than the local government. MOTION: Following extensive discussion between Council Members and Mr. Flocken, Councilman Thorn moved that the City Council reduce the allocation previously approved in the 1976-77 Budget for the Chamber of Commerce by $25,000 and that sum be reallocated to the Public Information Office for continuation of the City Newsletter. Councilman Kott seconded the motion. Under discussion of the foregoing motion, Mr. Ken Clements reported that at the request of the City Manager he is currently preparing an informal evaluation of all publications produced from the Anaheim Area Visitor and Convention Bureau which breaks down the cost and attempt to determine whether there is any duplica- tion ~~ effort. It was suggested by Councilman Roth that perhaps it would be appropriate to postpone decision on the proposed modification to the Chamber budget, to be considered together with that report. Roll Call Vote on the aforegoing motion was requested by Mayor Thorn, and said motion failed to carry by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Thorn Kaywood, Kott and Roth Seymour MOTION: Councilman Roth moved that consideration of the Anaheim Chamber of Commerce budget and any modifications thereto be continued for two weeks to the meeting of September 14, 1976. To this motion, Council Members Kott and Thorn voted "No". Councilman Seymour was absent. The motion failed to carry. MOTION: Councilman Kott moved that the entire amount of funds allocated in the --- 1976-77 Budget to the Anaheim Chamber of Commerce be rescinded and the contract with the Chamber terminated. Councilman Thorn seconded the motion. To this motion Council 'Members Kaywood and Roth voted "No". Councilman Seymour was absent. The motion failed to carry. Mayor Thom stated that it appeared the Council had reached a stalemate in dis- cussion of the Anaheim Chamber of Commerce contract and, therefore, the matter should be deferred one week fora full Council. RECESS: By general consent, the Council recessed for ten mintues. (2:30 P.M.) AFTER RECESS: Mayor Thorn called the meeting to order, all members being present with the exception of Councilman Seymour. (2:40 P.M.) PUBLIC HEARING - CONFLICT OF INTEREST CODES: Consideration of adoption of Conflict of Interest Code for the City Council of the City of Anaheim and to hear and approve Conflict of Interest Codes for Departments, Commissions and Boards of the City of Anaheim. Mr. Frank Lowry reported that the Council has before them for consideration the proposed Cade for the City Council, a resolution which would adopt same, and a resolution approving the codes submitted by the Cultural Arts Commission, Parks and Recreation Commission, Planning Commission, and all City departments. Certain of the City boards and commissions had not yet had organizational meetings or appointments to them, and the Library Board and Golf Course Advisory Commission WDuldmeet shortly to consider adoption of their respective conflict of interest codes. ~. .. 76-621 ~itLllall, Anaheim, California- COUNCIL MINUTES - August 31,. 1976, 1:30 P.M. Mayor Thorn opened the floor for discussion and Councilman Roth questioned the necessity for including some of the non-management level employees. Mr. Lowry explained that the law automatically excludes employees who perform purely clerical or manual-type services; however, some City clerical employees perform duties which involve the collection of money and purchasing of supplies and in the exercise of caution, it was determined prudent to require these employees to complete the form for Category I only, pertaining to income. Councilman Roth commented that he felt in particular the Category III section requiring all gifts of a $25.00 value or more be reported to be an infringe- ment on an individual's rights. In response to Councilman Roth's inquiry as to whether or not one of the require- ments actually requires a member of a board or commission or designated employee who is married to an attorney to actually list the names of all people from whom her husband has received legal fees, Mr. Watts replied that it appears superficially that this is the case; however, there is litigation currently in Superior Court in which a councilman has challenged this requirement and, so far, the Fair Political Practices Commission has taken the view that they will not enforce this particular provision until such time as a decision has been rendered in this case. He added that he personally shares the view that this requirement creates a breach of the attorney-client privilege. Mayor Thorn invited members of the public to comment, Mr. John O'Malley, representing the AMEA, requested that the City Council not act on adoption of the Code at this time for the following reasons: a) that Council is required to give reasonable notice to employees and to the community, and that the AMEA did not hear about the Code until Thursday, August 26, 1976, which he did not consider to be sufficient time in view of the fact that this filing requirement will vitally affect the working conditions of some employees, and Government Code Section 3504.5 provides that the governmental agency will notify the employees' representative in sufficient time to prope!ly prepare; 2) they feel that the list of employees designated to complete conflict of interest forms includes employees in job classifications which should have been automatically excluded; 3) they oppose the adoption of the Code as it would affect employees because it is overly broad in terms of those who must report and as~them to report more than the law itself requires. Mr. O'Malley concluded that the AMEA has no quarrel with the public's right to know if certain facts have an effect on operating the City, but considers that these should be balanced by the employee's right of privacy. In response to Mr. O'Malley, Mr. Watts explained that he is was the opinion that notification time was adequate; however, he pointed out that the time limit the Council is working against this dat~ applies only to the Council's Conflict of Int~rest Code which has to be submitted to the FPPC by September 10, 1976. Therefore, he noted that if Council wishes, it may continue the matter of adopt- ing the Code affecting the City employees, He pointed out that in preparing the list of designated employees who would be required to complete the reporting forms, the Attorney's Office intentionally erred by including everyone they could possibly conceive might have a conflict inasmuch as it is much easier to eliminate from the list rather than have someone not covered in the first place. In addition, he stated that while he has no problem with discussing these matters with Mr. O'Malley and representatives of the AMEA, he has no intention of nego- tiating the matter. In response to Councilman Roth's comments about certain rumors which were preva- lent among City employees, Mr. Lowry advised that a series of employees meetings is under way and all designated employees will have an opportunity to have their questions answered, He further explained that the Attorney's Office has developed a series of forms covering the four categories and that the Council, board and commission members and designated employees would be given thirty (30) days from the date of adoption of the Code in which to complete these forms. The Mayor asked if anyone else wished to address the Council regarding the adopt- ion of Conflict of Interest Codes; there being no response, he declared the hearing closed as it affects the City Council Conflict of Interest Code. 'T \ . .,.....,.=",.__. ""-' . , '_.'....' 76-622 .~1 Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976, 1:30 P.M. -------- ORDINANCE NO. 3590: Councilman Thom offered Ordinance No. 3590 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 1.01.400 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES. Councilwoman Kaywood offered Resolution N~ 76R-518 for adoption, adopting the Conflict of Interest Code affecting the Anaheim City Council. Refer to Resolution Book. RESOLUTION NO. 76R-518; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-518 duly passed and adopted. MOTION: On motion by Councilman Kott, seconded by Councilman Roth, the public hearing on the proposed Conflict of Interest Code for City boards and commissions and City departments was continued for two weeks to allow further discussion and comment by the Anaheim Municipal Employees Association. Councilman Seymour was absent. MOTION CARRRIED. PUBLIC HEARING - ABANDONMENT NO. 75-17A: In accordance with application filed by M. W. Lloyd of The Atchison, Topeka and Santa Fe Railway Company, public hearing was held on proposed abandonment of a dedicated street commonly known as Trinidad Street, located south of Orangethorpe Avenue, west of Kellogg Street, pursuant to Resolution No. 76R-481, duly published in the Anaheim Bulletin and notices posted in accordance with law. Rep~rt of the City Engineer was submitted recommending approval of the proposed abandonment unconditionally. Mayor Thorn asked if anyone wished to address the Council; there being no response, he declared the hearing closed. CATEGORICAL EXEMPTION - EIR: On motion by Councilman Roth, seconded by Councilman Kott, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5 of the City of Anaheim Guidelines to the requirement for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 76R-519 for adoption, approving Abandonment No. 75-17A, as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 76R-519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN PROPERTY DESCRIBED HEREIN. (Abandonment No. 75-17A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour The Mayor declared Resolution No. 76R-519 duly passed and adopted. PVELIC HEARING - RECLASSIFICATION NO. 76-77-3, VARIANCE NO. 2822: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the public hearing scheduled this date on application by John V. and Helen M. Thompson for change in zone from RS-A-43,000 to RM-1200 and code waivers to construct a 176-unit apartment com- plex on property located on the north side of Orangewood Avenue, approximately " . ,,-~~-;:;' ",---I'k-'-~-"".;..",-,- --,"" """'"'- 76-623 Cil.Inß_all, Anaheim, Calfifornia - COUNCIL MINTUES- All.&U~3l,-L976, ~)O P.M. 650 feet east of Harbor Boulevard, was continued to October 5, 1976 at the request of the applicants. Councilman Seymour was absent. MOTION CARRIED. _.PLJBJ~~_Ç HEARING :- RECLASSIFI_CATION NO. 73-74-41 (READVERTISED): Application of Joyzelle V. (Rinker) Kemble for change in zone from RS-A-43,OOO to CL to construct a commercial center at the northeast corner of Orangethorpe Avenue and Post Lane was submitted together with application for exemption status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC76-144 recommended subject project be declared exempt from the requirement to prepare an EIR and, further, recommended approval of Reclassification No. 73-74-41, subject to the following conditions: 1. That street lighting facilities along Orangethorpe Avenue and Post Lane shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities; or that a bond, certificate of deposit, letter of credit, or cash in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the installation of the above-mentioned requirements. 2. That damaged and/or hazardous sidewalks shall be replaced along Post Lane as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 5. That a six-foot high masonry wall shall be constructed along the east and north property lines. 6, That subject property shall be served by underground utilities. 7, That any parking area lighting proposed shall be down-lighted and directed away from the property lines to protect the residential integrity of the area. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. that appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That the subject property shallbe 1eveloped precisely in accordance with plans and specifications considered by the Planning Commission on August 2, 1976, and on file with the City of Anaheim marked Exhibit No.1 (Revision No.2). 11. Prior to the introduction of an ordinance rezoning subject property, Condition No.1, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 12, That Conditions Nos. 2, 3, 4, 5, 6, 7 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections- Zoning Supervisor Annika Santalahti briefed the location of subject property and the contents of the staff report submitted to and considered by the City Planning Commission. The Mayor asked if the applicant or his agent was present and ~atisfied with the recommendations of the City Planning Commission. -- "-'" - 'c,"-..~ -,.cr."...=-, ~=; -,-~- 7h-(\.),+ CLLJ H:d l-L .-:~Tlahl,-in~llifon~La-=-~u~çII-:- ~lINUTES__-__~~~t )1-L-12LfL_~: 3(U_,_n~ i'r. ¡icm l);¡ i ley. agent, indicated sat isfaction with the City Planning Commission ¡-(',"cmmvnc1at ions. The ~laY()r asked if anyone else wished to address the Council, either in favor or in pposition; there being no response, he declared the hearing closed. EN~¡lßONMENTAL IMPACT -" NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, tl1erefore, e~empt ftom the requirement to prepare an environmental impact report. Councilman Seymour was absent, MOTION CARRIED. Councilman Thorn offered Resolution No. 76R-520 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 76R-520: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (73-74-41, (Readvertised), CL) RoLL Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The ~lay()r declared Resolution No. 76R-520 duly passed and adopted. PU~Ll~~_~EARING - RECLASSIFICATION NO. 76-77-6: Application of Josie Coronado, Edward and Norma Albright for a change in zone from RS-A-43,000 to CL to expand an improved shopping center located on the south side of Romneya Drive, approxi- mat~]y 285 feet west of State College Boulevard, was submitted together with application for exemption status from the requirement to prepare an EIR. The City Planning Commission, pursuant to Resolution No. PC76-145 recommended that subject project be declared exempt from the requirement to prepare an EIR and, further, recommended approval of Reclassification No. 76-77-6, subject to the following conditions: 1, That the owner(s) of subject property shall deed to the City of Anaheim a strip of land thirty-two (32) feet in width from the centerline of the street along Romneya Drive for street "V7idening purposes. 2. That all engineering requirements of the City of Anaheim along Romneya Drive including preparation of improvement plans and installation of all improve- ments such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Romneya Drive sllal1 be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the Office of the Director of P~lic Utilities; or that a bond, certificate of deposit, letter of cT""dí t, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned req ui t-emen ts , 3, That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Romneya Drive for tree planting purposes, 4, T11at trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. fila t fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. -'" .. 76-625 City Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976, 1:30 P.M. 6. That subject property shall be served by underground utilities. 7. That a six (6)-foot masonry wall shall be constructed along the west property line. 8. That drainage of subject property shall be disposed of in a manner satis- factory to the City Engineer, 9. That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. That any parking area lighting shall be downlighting and directed away from the property lines to protect nearby residential uses. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. 12, Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2 and 3, above mentioned, shall be completed. The provi- sions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 13. That Conditions Nos. 4, 6, 7,8, 10 and 11, above-mentioned, shall be complied with prior to final building and zoning inspections. Zoning Supervisor Annika Santalahti briefed the location of subject project and the contents of the staff report submitted to and considered by the City Planning Commission. Mayor Thorn asked if the applicant or agent was present and satisfied with the recommendations of the City Planning Commission; there was no response. The Mayor asked if anyone wished to address the Council, either in favor or in opposition; there being no response, he declared the hearing closed. ENVIRONMENTAL IMPACT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Kott, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the require- ment to prepare an environmental impact report. Councilman Seymour was absent. MOTION CARRIED. Councilman Roth offered Resolution No. 76R-521 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested, subject to the conditions recommended by the City Planning Commission. RESOLUTION NO. 76R-521: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-6, CL) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kot t, Roth and Thorn NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-521 duly passed and adopted. PUBLIC HEARING - VARIANCE NO. 2827: Application of Eugene, Ann and Gordon Lentzer for code waiver of permitted uses to construct a medical/dental office complex on ML zoned property located on the east side of Magnolia Avenue, approx- imately 1229 feet north of La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC76-148 recommended that subject project be declared exempt from the requirement to prepare an environmental impact report and, further, denied Variance No. 2827. ..,. - <--"--~-'-;---""'="",'-F,"~,-- -; L -- tL' ! (:1 t; Jíd 1 '_u!\n_¿lh_(~~~_~,_5~al_if_oT!1}a-=- CS2UNCI~__!1.l~J1~I!~_S- --- ^ll.K~~st- _ll_,_J)JJ)_,__1_:3_Q_-'~--l1. ¡\FPl'¿¡ f rum action Liken by the City Planning CommissUm was filed hy Mr. William 1<;I\::;('c¡- ¡Jì~;, Fomily He;llth Plan, Inc. and public hearing was scheduled this date. Miss Santalahti briefed the location ()f suhject property, surrounding zoning and Lmcl ilSl'S and the ra t Lonal e upon which the C1 ty Planni ng Commission based thpi r d,_'nia 1. Mayor Thom opened the public hearing. Mr, Carmen Ness, Executive Director, Family Health Program, Inc., 2925 North Palo V()rde, Long Beach, explained that his firm operates a pre-paid health care system which delivers care to 120,000 patients currently. In response to the eitv P1anning Commission reasons for the denial of the Variance, Mr. Ness cited that there is a parcel of property rezoned to commercial uses at the northwest Cl1rner of Magnolia and La Palma; that there is a large retail furniture outfit operating immediately adjacent to subject property. He outlined results of an extensive traffic survey which indicated that this proposed facility would add 350 ve!1icles per day to existing traffic, He noted that upon comparison of slhedllles and traffic patterDs at Deleo Remy, it would appear there would be no con fIll' t and tha t the Deleo Remy seasonal peaks would coinc ide with the heal th program lows. Mr. Ness concluded that his firm proposes to develop a facility on this site which would serve 25,OO~ that they need to plan for easy access, and this particu- lar location adjacent to the freeway would he most appropriate. Mr, Tony Darcy of Coldwell-Banker Company, representing the current property owner and prospective buyer, reported that his company has had this particular site ~vailable for more than one year without one serious inquiry from an indus- trial user, He further stated that the rezoning of the northwest corner of La P:tlma ~nd Magnolia has reduced the potential uses for subject property which creates a hardship on the current property owner. He felt the use proposed by F;imi ly Heal th Program, Inc. makes sense for this particular property. Mayor Thorn asked if anyone else wished to address the Council either in favor or in upposition; there being no response, he declared the hearing closed. ~lB~ ~~GATIVE DECLARATION: On motion by Councilman Kott, seconded by Councilman Roth, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an environmentnl impact report. Councilman Seymour was absent. MOTION CARRIED. Cuuncilman Thorn offered Resolution No. 76R-522 for adoption granting Variance No. 2827 subject to the interdepartmental conditions recommended, as follows: 1. That sidewalks shall be installed as required by the City Engineer and in dc'cordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Magnolia Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specificatioŒon file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3, That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60 cents (60ç) per front foot along Magnolia Avenue for tree planting purpDses, 4, That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5, That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6, That subject property shall be served by underground utilities. Yr' .. II - "C-A~__""",~-", ,#. ",,0""" '..... 76 -62 7 Ç)_D'__Hall, Anaheim, California - COUNCl~ MINUTES -_Augus~l.l-L 1976--1... 1:30 P.M. 7. Ttlat drainage of subject property shall be disposed of in a manner satisfac- tory to the City Engineer. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. 9, That Condition Nos. 2 and 3, 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 one year from date hereof, whichever occurs first, or such further time as the City Council may grant. 10. That Condition Nos. 1, 4, 6, 7 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. Refer to Resolution Book. RESOLUTION NO. 76R-522: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2827. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom None Seymour The Mayor declared Resolution No. 76R-522 duly passed and adopted. TRACT NOS. 9212, 9213, 9214 AND 9215 - WAIVER OF HILLSIDE GRADING ORDINANCE REQUIREMENTS; On motion by Councilman Roth, seconded by Councilman Kott, the request submitted by Lind and Hillerud, Inc. for waiver of the Hillside Grading Ordinance requirement as it relates to the location of lot lines at the top of slopes within Tract Nos. 9212, 9213, 9214 and 9215 (said tract located south and west of Anaheim Hills Road, directly south of the Anaheim Hills Golf Course) was granted, as recommended by the City Engineer. Councilman Seymour was absent. MOTION CARRIED. RECLASSIFICATION NO. 70-71-52 - EXTENSION OF TIME; VARIANCE NO. 2251 - TERMINATION: Request of Donald M. Brown, AlA, for an extension of time to Reclassification No. 70-71-52 and for termination of Variance No. 2251 in connection with property located at 2204 East La Palma Avenue was submitted for Council consideration, together with reports from the City Engineer and Planning Department. On motion by Councilman Roth, seconded by Councilman Thom, the City Council granted an extension of time, retroactive to June 15, 1971 and expiring June 15, 1977, subject to receipt of the required right-of-way within 60 days as recom- mended by the City Engineer. Councilman Seymour was absent. MOTION CARRIED, Councilwoman Kaywood offered Resolution No. 76R-523 for adoption terminating Variance No. 2251. Refer to Resolution Book. RESOLUTION NO. 76R-523: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING VARIANCE NO. 2251, AND DECLARING RESOLUTION NO. 71R-255 NULL AND VOID, Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The M~yor declared Resolution No. 76R-523 duly passed and adopted. PUBLIC FIREWORKS DISPLAY PERMIT - DISNEYLAND: On motion by Councilman Roth, seconded by Councilman Kott, the application submitted by Disney~and to exhibit fireworks displays in conjunction with their Water Pageant at 10:00 P.M. on special party nights (Fridays, Saturdays or Sundays) between September 12 and December 17, 1976 was approved. Councilman Seymour was absent. MOTION CARRIED. "" ., i ¡lh l~i t~; _Hé1JJ-L_~nahe im-L_(~~} i for_nia - COUNCIL- MI~ld.n~S_=_~ugu~t__2L,__!}L6'_~~~J~~t1. ¡~Sl!~¡H~ ISHHENT _OF PU1~_L J C EMP LOYMENT SERV! CE JOB C:L~SSE~: Resolution No. 76R-524 for Adoption amending Resolution lis/¡ new public employment service job classes of Legal Aid Administrative Analyst. Councilman Thorn offered No. 76R-312 to estab- Aid Law Clerk and Legal Refer to Resolution Book. RESOLUTION NO, 76R-524: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-312 AND ESTABLISHING NEW CLASSIFICATIONS AND RATES OF PAY. (Effective August 20, 1976) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The ~ayor declared Resolution No. 76R-S24 duly passed and adopted. AGREEMENT - ALAN R. WATTS, ATTORNEY: In reference to the proposed contractual agreement presented by Mr, Talley employing Mr. Alan R. Watts to perform legal services for the City of Anaheim in connection with electrical power generation projects, litigation and wholesale electric rate proceedings, Mayor Thorn comm(~nted that while the proposed rate of compensation is not prohibitive, the contract Ls open-ended in that no set dollar amount is given. Mr, Hoyt responded that both engineering and legal consulting services are employed within the framework of appropriations set aside for specific projects. Councilman Roth commented that he felt that the termination clause within the proposed contractual agreement would be an adequate safeguard. Councilman Roth offered Resolution No. 76R-S2S for adoption.. Refer to Resolution Book. RESOLUTION NO. 76R-525: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEM APPROVING THE TERNS AND CONDITIONS OF AN AGREEMENT \vITH ALAN R. ~vATTS FOR LEGAL SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll ',:a11 Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-S2S duly passed and adopted. UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA: Mr, George Edwards reported on tht~ proposed participation as an associate member by the City of Anaheim in the underground Service Alert Program which would provide a centralized one- number call system to expedite the location of underground installations prior to the beginning of excavation work when a permit is issued by a local juris- diction. The City's expenditure for participation in the program would not exceed $1,000 and there are cost savings associated in iientifying the exca- vations and problems before they occur. Councjlman Kott voiced concern as to whether the City of Anaheim would incur any lj_abílíty in the event that a contractor is given information under this program, and then, relying on same, causes damage to underground lines. Both ~!r. Edwards and Mr. Watts explained that the program would not relieve a contractc)r of responsibility if property is damaged or destroyed. It will remain incumbent upon owners that their facilities are protected. The intent of the program 18 preventive, to lower the incidence of damage. Mr. Hcyt added that it is worth a great deal to the City of Anaheim Utilities Department to insure uninterrupted service. .... '" I --, ¡¡ -- 76-h29 rjl~~ Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976, 1:30 P,M. Councilwoman Kaywood offered Resolution No. 76R-S26 for adoption. R~fer to Resolution Book. RESOLUTION NO. 76R-526: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM . . APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR PARTICIPATION IN THE SOUTHERN CALIFORNIA UNDERGROUND SERVICE ALERT AND AUTHORIZING AND DIRECTING 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, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-S26 duly passed and adopted. ROP PROGRAM - WAGE RATE ADJUSTMENT: Mr. Talley reported that in order to meet the City's contractual requirement that the prevailing rate of pay for employees in the Regional Occupational Program be the same as the prevailing rate in similar occupations, it would be necessary to adjust the City's pay rates by 28 cents per hour retroactive to July 1, 1976. All costs incurred as a result of this action would corne from Manpower funds, ~ouncilman Roth offered Resolution No. 76R-527 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-527: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-372 AND ADJUSTING CERTAIN SALARY SCHEDULES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-527 duly passed and adopted. WO~KERS' COMPENSATION PROGRAM - EXCESS INSURANCE COVERAGE: On motion by Councilman Thorn, seconded by Councilwoman Kaywood, the City Council accepted the bid from State Compensation Insurance Fund to renew the workers' compensation excess cover- age for the period covering September 1, 1976 to August 31, 1977, as recommended by the Personnel Director. Councilman Seymour was absent. MOTION CARRIED. RETAIL ELECTRICAL RATES INCREASE: Mr. Gordon Hoyt reported that the City's 1976-77, Budget was predicated upon approval by the California Public Utilities Commission on approximately September 1, 1976 of a 10.8% increase in retail electrical rates for Southern California Edison. Based upon this expected rate increase and the City Council Policy of establishing its retail rates at 5% below Edison's retail rates, electrical revenue projections for the 1976-77 fiscal year 'Ñere calculated. It now appears that the increase granted Southern California Sdison will be significantly lower than the anticipated 10.8% and the City is faced with a shortage in revenue because of the assumptions which were made. It Ls not currently known what the California Public Utilities Commission will do, but it is recommended that the Council take some interim action so that the City can maintain its position until the CPUC has made their decision. He explained that if Council delays raising retail electrical rates, these funds will either have to be made up later in rates or through a reduction in the budget transfer. Hr. Hoyt stated that his recommendation to the Council would be to increase the retail electrical service rates to the same level as Southern Calitornia Edison, E~ffective September 1, 1976, which would amount to a 5.26% increase for all classes of customers. In response to Council questions, Mr. Hoyt explained that this proposed action would amount to an increase of one dollar per month for the â.verage customer (average being defined as 460 kilowatt hours per month at a rate of $18.95; this would be increased to $19.95). Since the City is on a hi-monthly billing schedule, the average resident would see an increase of two dollars on the utility bill. The industrial user with a 7,000 kilowatt demand and use of 4 million kilowatt Tr ,', 76-630 CiD'-l!_aJJ, Anaheim, California - COUNCIL MINUTES - Auß.ust_3~1976 ,_1: 30 P. M. hours at 80% load factor would realize an increase from $103,000 to $106,700 per month. Councilman Kott stated that he felt the Council should adhere to its current policy of retaining retail rates at 95% of Edison, as there must be some justification for maintaining a municipally-owned utility. Quring additional discussion, Mr. Hoyt pointed out that if both the City retail rates and Edison rates remain the same, the revenue shortage at the end of the current fiscal year would amount to $2,130,000, which illustrates that the City is still in a price squeeze because of the current rules of the FPC allowing three wholesale price increases to become effective before the first has been adjudicated. He recalled that this situation was mentioned during the 1976-77 Budget sessions and he also spent time on the matter during the management budget seminar in May. Councilwoman Kaywood pointed out that the utility price squeeze situation is one of the reasons she voted against the budget reduction and lower tax rate enacted by the City Council on August 24, 1976. Councilman Roth voiced the opinion that the Council has no choice in the matter, since no change in the rates would leave a two million dollar deficit. Councilfuan Roth offered Resolution No. 76R-528 approving an increase in retail electrical rates to equal Southern California Edison rates. Refer to Resolution Book. RESOLUTION NO. 76R-528: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY RESOLUTION NO. 71R-478 AND AMENDED BY RESOLUTIONS NOS. 73R-25, 73R-343, 73R-531, 74R-75, 74R-630, 75R-243, 75R-344, 75R-345, 76R-41 AND 76R-377. (Effective September 1, 1976) Roll Call Vote: AYES: ¡,OES: !\BSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Roth and Thorn Kott Seymour The Hayor declared Resolution No. 76R-528 duly passed and adopted. PIPELINE LICENSE AGREEMENT - ATCHISON, TOPEKA AND SANTA_FE (ESPERANZA): Councilman Kott offered Resolution No. 76R-529 for adoption authorizing the execution of a pipeline license agreement and payment therefor for a 72-inch storm water pipeline at Esperanza Road. Refer to Resolution Book. RESOLUTION NO. 76R-529: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE LICENSE AND AUTHORIZ- ING PAYMENT THEREFOR. (72-INCH STORM WATER PIPELINE AT ESPERANZA) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-529 duly passed and adopted. LITIGATION - CITY OF LOS ANGELES VS. THE PACIFIC TELEPHONE COMPANY: Councilman Kott noted that he had recently read of litigation between the City of Los Angeles and the Pacific Telephone Company which attempts to obtain a return to the customers and taxpayers the sum of $500 million, which they feel is warranted because of windfall tax write-offs taken by that utility. Councilman Kott thereupon moved that the Anaheim City Attorney be directed to look into the possibility of joining with the City of Los Angeles in this litigation. Councilman Thorn seconded the motion. ""IT' .. " -=,~<""O~-'C'W,"..,,~,,--,.~....,-,- "', ~ .......' 76-631 ~~iJJ7__Hall, Anaheim, California__- cquNJL~~_!,fINl!:[,E~ - August 31, 1976, 1:30 P.~1. Under discussion, in response to Councilwoman Kaywood's inquiry as to how much this might be expected to cost the City, Mr. Watts explained that it could be costly if the City determined to litigate on a comprehensive basis, but by cooperating with other cities, the cost can be minimized, and the City's voice still heard, Councilman Seymour was absent, MOTION CARRIED, TRANSFER OF RECORDS TO THE MOTHER COLONY HISTORY ROOM - CENTRAL LIBRARY; On motion by Councilwoman Kaywood, seconded by Councilman Roth, the Anaheim City Council authorized the City Clerk to transfer various historical records as indexed in her memorandum dated August 30, 1976, reflecting the history, activity and growth of the City from the 1880's through the 1930's to the Mother Colony History Room of the Central Library on a permanent loan basis. Councilman Seymour was absent. MOTION CARRIED. PISCUSSION - RE-ESTABLISHMENT OF FRUIT STAND (CERRITOS AND EUCLID): Mr. Scott J, Raymond, 31802 Camino Capistrano, San Juan Capistrano, representing Mr. Herman Margulieux and Ida and Marion Rannow, reported that Mr. Margulieux's operation of his frllit stand business from the location on Euclid Street and that building will shortly be demolished in accordance with the Court Order resulting from litigation. Mr, Raymond indicated that Mr. Margulieux is interested in rebuilding his produce operation in approximately the same location and wishes a declaration of intent from the City Council as to whether or not he should proceed with plans to rebuild. Letters were placed on file by Mr. Marglilieux and Ida and Marion Rannow indicating their willingness to dedicate the appropriate easements to the City of Anaheim on Euclid Avenue with the understanding that the easement would not be used until such time as the land is fully developed. and to rebuild the fruit stand at 1524 South :uclid Avenue according to Building Code and with proper' setbacks with the provi- sion that a suitable lease would be given from the property owners. ;', Mr. Malcolm Slaughter explained the various avenues of approach which the property owners might use to either have that particular property rezoned to allow the commer~- cial use requested or file for variance from Code requirements to permit the establishment of the fruit stand. It was noted that either of these procedures would require that Mr. Margulieux file their petitions in the appropriate fashion in the Planning Department for scheduling before the Planning Commission. Mr. Slaughter stated that he would be very reluctant to have Council make any declaration of intent prior to the applicant's submittal of a proposal, ** Following discussion, Mr. Raymond indicated that his client would make application for the necessary zoning actions through the appropriate channels.*** CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommenda- tions furnished each Council Member and as listed on the Consent Calendar Agenda: 1. . DINNER-DANCING PLACE PERMIT: Dinner Dancing Place Permit for the Space Station No.1, 1740 West La Palma, to allow dancing seven days per week, 7:00 P,M. to 2:00 A.M., was granted in accordance with the recommendations of the Chief of Police. (Thomas Anthony Randich, applicant) 2, CORRESPONDENCE: The following correspondence was ordered received and filed: a, Parks and Recreation Commission Minutes, July 28, lQ76. b, ~onthly Reports - July, 1976: Water Division; Treasurer and Police Department. c. Joint Community Redevelopment Commission - Planning Commission - PAC - Minutes - August 3 and 5, 1976. d. Community Redevelopment Commission Minutes - August 4, 1976. e, Community Center Authority Minutes - August 16, 1976. * ** Attorney Watts questioned why Mr. Raymond was present prior to talking with staff. He reminded Council that City still has pending legal action with applicants. . but would not dismiss pending law suits. See Council Minutes of December 21, 1976, 1:30 P.M., Page No. 76- , "Hinutes". *** " 76--632 City Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976J 1;30 P.M. f, Before the Public Utilities Commission of the State of California - Notice of filing of application - Southern California Gas Company to construct and operate a propane air-natural gas mixing facility to be located in Wilmington, California. (on file) g. City of Buena Park - Resolution No. 5864 - Urging Congressional legislation to permit individual taxpayers to allocate a portion of their federal income taxes to support the U.S. participation in Olympic Games. 3. METROPOLITAN WATER DISTRICT: Resolution No. 7681 levying taxes for the fiscal year beginning July 1, 1976 was ordered received and filed. MOTION CARRIED. RESOLUTION NOS. 76R-530 THROUGH 76R-532: Councilman Roth offered Resolution Nos. 76R-530 through 76R-532, 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. 76R-530 - DEEDS OF EASEMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Victor Hatoff; Boyd Cooper, et al; Celia A. Arciniaga) RESOLUTION NO. 76R-531 - ABANDONMENT NO. 76-3A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (September 21, 1976 - 2:30 P.M.; to abandon an existing public utility easement lying within the property located at the southeast corner of La Palma Avenue and Kraemer Boulevard, 76-3A) RESOLUTION NO. 76R-532 - FINAL ACCEPTANCE, WORK ORDER NO. 2286: 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 PERFORM- ANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: UTILITIES SERVICE CENTER, PHASE IV, IN THE CITY OF ANAHEIM, WORK ORDER NO. 2286. (Contracting Services) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution Nos. 76R-530 through 76R-532, both inclusive, duly passed and adopted. AWARD OF WORK ORDER NO. 787-A: In accordance with recommendations of the City Engineer, Councilman Kott offered Resolution No. 76R-533 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-533: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND CO}œLETE THE FOLLOWING PUBLIC IMPROVEMENT: RIO VISTA STREET STREET IMPROVEMENT, 121' S/O TO 174' S/O AMES STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 787-A. (Val Foth and Sons, $3,540) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MÉMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-533 duly passed and adopted. ..,.,.. '" , I T.e; ',CI n,. .c,.. 0... .~..~._-'"'&..~~~."-,.. .." - .;.. 76-633 C~_~-5__Hall, Anaheim, Californila_-=~9JJNCJ~MINUTES - August 31, 1~7~:30 ~~}f. ~O_RK ORDER NO. 812; Upon receipt of report from the City Engineer indicating that no bids were received for Work Order No. 812, Twila Reid Park spray Pool Improve- ments, the City Council, on motion hy Councilman Thorn, seconded by Councilman Roth, concurred with his recommendation that the project not be readvertised at this time. Councilman Seymour was absent. MOTION CARRIED. WORK ORDER NO. 812: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council continued award of contract, Work Order No. 812, Twila Reid Park Spray Pool Play Equipment to the meeting of September 7, 1976 to permit the consideration of alternatives to the spray poo~ as recommended by the City Engineer. Councilman Seymour was absent, MOTION CARRIED. AWARD OF WORK ORBER NO. 868: In accordance with the recommendation of the City Engineer, Councilwoman Kaywood offered Resolution No. 76R-534 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-534; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: JUAREZ PARK PARKING LOT LIGHTING, IN TIlE CITY OF ANAHEIM, WORK ORDER NO. 868. (Davenport Electric, Inc., $2,619.32) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCI L MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Resolution No. 76R-534 duly passed and adopted. ORDINANCE NO. 3588: Councilman Roth offered Ordinance No. 3588 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-18, RS-SOOO) Roll Call Vote: AYES: NOES: ABSENT; COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Ordinance No. 3588 duly passed and adopted. ORDINANCE NO. 3589; adoption. Councilwoman Kaywood offered Ordinance No. 3589 for Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIN AMENDING ORDINANCE NO. 3569, NUNC PRO TUNC, RELATING TO ZONING. (Amends legal description, 65-66-25(2), ML) Roll Call Vote: AYES: NOES; ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS; COUNCIL MEMBERS: Kaywood, Kott, Roth and Thorn None Seymour The Mayor declared Ordinance No. 3589 duly passed and adopted. ORDINANCE NO. 3591: Councilman Thorn offered Ordinance No. 3591 for first reading. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.04.700, 1.04.710, 1.04.720, 1.04.730 AND 1.04.740 TO THE ANAHEIM MUNICIPAL CODE. (Community Services Board) T' ',I., 76-634 ~ity Hall, Anaheim, California - COUNCIL MINUTES - August 31, 1976, 1:30 P.M. ORDINANCE NO. 3592: Councilman Roth offered Ordinance No. 3592 for first reading. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-23, RS,5000) PAPER RECYCLING: Mr. Talley stated that a report on the recycling of City waste paper will be presented shortly in response to Councilwoman Kaywood's request. ,-' , DISCUSSION - LOCATION OF TRASH ENCLOSURE: (Conditional Use Permit No. 1306) Councilman Kott introduced Mr. Howard Polzin, Mr. Lee Webb and Hr. John Swint who are involved in a motel development project at 426 West Ball Road, and had brought to his attention some difficulties they encountered in obtaining permits a~d approvals from the City in conjunction therewith. Mr. Polzin, the construction superintendent, explained that their plans had gone through the required City procedures, had been reviewed and accepted, and the contracts for construction let out. The problem is that now they are being held up by the Planning Department because of a difference of opinion as to the appro~ priate location of the trash storage area. The plans originally called for this to be located at the northwest corner of the lot, which is located east of Harbor Boulevard on the south side of Ball Road. However, Mr. Harry Boyd, the Sanitation Inspector, would not approve the trash enclosure to be located in that area because it would be awkward for the trucks to get in and out. The only area he would approve for the enclosure would be on Berry Street to the rear with gates which swing 180 degrees. Miss Santalahti gave a brief history of the zoning action on this particular project, noting that when Conditional Use Permit No. 1306 was originally granted, it was for the expansion of an existing motel to the immediate east of subject property, The present project, however, is being developed as an independent motel. When the matter was before the City Council, because of opposition from nE'arby residents, the project was approved with the stipulation that a solid block wall would be constructed with no access to be taken from Berry Street to the South. When the particular plans in question were submitted.to the Planning Department for approval, the developer was informed that they could not be approved with the location of the trash enclosure area as shown because of the concerns expressed by the Council and Planning Commission that no access to trash areas from a 100% residential street be given. In answer to Councilman Kott's request as to where the trash area should be located, Miss Santalahti indicated it would have to be ten feet behind the public right-of-way on Ball Road. She added that if she had been aware that the developer had submitted these plans to other City Departments, ,the Planning Department would have called all those interested together to discuss a mutually satisfactory solution, and that substantial plan concurrence was given by the Planning Department on December 3, 1975 for plans showing a trash enclosure facing Ball Road, but the subsequent plans had relocated the trash enclosure. Councilman Kott indicated that he felt it unfair to the developers to permit them to proceed this far into their development and stop them in this manner. He thereupon moved that Mr. Webb, the developer of the motel project in connec- tion with Conditional Use Permit No. 1306 be given appropriate permits to proceed with his structure and to have the trash enclosure located on Ball Road. Councilman Thorn seconded the motion. To this motion, Councilwoman Kaywood voted "No", Councilman Seymour was absent. MOTION CARRIED. Councilwoman Kaywood stated that she felt this to be aR-4æ~£e~e£-€eti£Be-a~ ~~tion;-th~t-the~e-m~tter~-~hOtt%d-b~-i~£~-t~-~r~£@~~~~~ft8~-~~ft~f~ * CULTURAL ARTS COMMISSION RESIGNATION - RUTH SALAET~ On motion by Councilman Thom, seconded by Councilwoman Kaywood, the resignation from the Cultural Arts Commission submitted by Mrs. Ruth Salaets,effective September 30, 1976, was accepted with regret. Councilman Seymour was absent. MOTION CARRIED. CITY ATTORNEY INTERVIEWS: By general consent the City Council determined to schedule interview appointments for the City Attorney position at an adjourned regular Council session on September 15, 1976, beginning at 1:30 P.M., and * Corrected to read "a highly improper course of action; that Mr. Webb should get proper permit through normal procedure after professional staff study and recom- mendation to Council and not circumvent procedure." See Council Minutes of December 21,1976, 1:30 P.M., Page 76-954, "Minutes". -.,. ,"' "~~" " """-.._"",""_...,-",,,,".,, ". ..,-_w,- II; I, ~ ' , l~!~y_Hal}, Anaheim, Cal~fornia_-=-_COUNCIL_MIN~!TES -:_~Ugl!st 31, 1976, 1;30 P_~_M, allowing 30 to 45 minutes per applicant. the candidates accordingly. Mr, Wattt) was directed to schedule ADJOURNMENT: the motion. Councilwoman Kaywood moved to adjourn. Councilman Roth seconded Adjourned: 5:45 P.M. ¡\LONA M. HOUGARD, CITY CLERK B ' .___'L'- .~ ¿/) ~J , l../ :':")."z".l,.,- . /(~.l:/ Deputy '-'"