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1977/03/22 77-323 ~.ity Ha~ll~ ~nah.eim~ California - COUNCIL MINUTES - March 22~ 1977~ !.: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 M~BERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CiTY CLERK: Linda D. Roberts ASSISTA~NT PLANNING DIRECTOR - ZONING: Annika Santalahti EXECUTIVE DIRECTOR: Norm Priest UTILITIES DIRECTOR: Gordon W. Hoyt ELECTRICAL SUPERINTENDENT: George H. Edwards FIRE CHIEF: James W. Riley INTERGOVERNMENTAL RELATIONS OFFICER: Robert G. Hodges Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. FLAG SALUTE: Councilwoman Miriam Kaywood led the Assembly in the Pledge of Allegiance to the Flag. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Thom, minutes of the regular meeting of January 25, 1977, were approved subject to typographical corrections. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,108,560.94, in accordance with the 1976-77 Budget, were aPproved. 169: BICYCLE, PEDESTRIAN FACILITIES CLAIM APPLICATION: Councilwoman Kaywood offered Resolution No. 77R-191 for adoption as recommended in memorandum dated March 14, 1977, from James Ruth, Parks, Recreation and the Arts Director. Refer to Resolrtion Book. RESOLUTION NO. 77R-191: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE A BICYCLE, PEDESTRIAN FACILITIES CLAIM APPLICATION PURSUANT TO S.B. 821 WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR FUNDING OF BICYCLE TRAILS IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL M~MBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-191 duly passed and adopted. 77-324 ~ity_.Ha.ll~ Anaheim, California - COUNCIL MINUTES -March 22~ 1977~ 1:30 P.M. 114: AMENDMENT TO COUNCIL POLICY NO. 605: Cou~c~l,~an Kott referred to Item No. 5 of report dated March 10, 1977, from the Assistant Planning Director, Zoning, Annika Santalahti, relative to tent permit fees. He questioned the fact that should financial resp,~nsibility be incurred on the City as a result of possible liability, such re~;ponsibility should lie with the elected official~ and not the City Man~ager ~r designated representatives. ~ Discussion followed between Council and staff revolving around the present pro- cedure for obtaining a perm'it for special events and tent erection, those City. d~partments involved ~ith ~;,~h approval, and.possibl~ fees for such a permit. 'i'be question of liability ~.~s also discussed with the City Attorney. Councilman Roth concluded ti,at the procedure was an administrative act not rcqui~fng Council approval. Councilman Seymour took issue with Councilman Roth's assessment in that if the permit procedure were eliminated entirely, the only r~,'~urse to the public to control such activity would be on an individual complaint basis and the City only had one person to handle such complaints. Although he believed in cuttin~ red tape, there had to be a middle ground to maintain some control over tent erections and special events. Councilwoman Kaywood was of the opinion that the matter involved an administra- tive procedure and should be handled accordingly and that suggested fees should also be adopted. She thereupon moved to amend Council Policy No. 605 to authorize'-' the City Manager or his designated representative to approve the erection of tents for special events. Councilman Roth seconded the motion. To this motion Council Members Kott and Thom voted "No". MOTION CARRIED. Relative to fees, Councilman Seymour asked that staff recommend ways of streamlining the procedure thereby eliminating red tape and the necessity to establish a fee schedule. Upon further clarification by Miss Santalahti, he suggested instead it be more in the form of a penalty if people did not comply and the Zoning Enforce- ment Officer was required to make follow-up visits to enforce the proper proceriure. Mr. Talley recommended that the proposed resolution establishing fees for special events permits be continued and staff instructed to prepare a report regarding alternative fee charges, to which Council agreed. 113: COST OF CONTINUED ITEMS - COUNCIL MEETINGS: Mr. Talley referred to reports dated March 10 and 16, 1977, from the Planning Department and City Clerk, respectively, relative to the cost of continued Council Agenda items, both pnblic requests and public hearings. ~OTION: Councilman Thom moved that a $50 fee be set for the continuance of Council Agenda item% as well as extensions of time regarding zoning matters. Councilman Kott seconded the motion. The motion failed to carry by the following vote:. AYES: COUNCIL MEMBERS: Kott and Thom NOES: COUNCIL MEMBERS: Kaywood, Seymour and Roth 77-325 C_ity Hall, Anaheim, California - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. MOTION: Councilwoman Kaywood moved that the cost of continued items be set at their actual cost, $16 for a public hearing and $9 for a public request. Councilman Kott seconded the motion for the purpose of discussion. It was clarified for Councilman Kott that the actual costs did not include fringe benefits. Councilman Seymour emphasized that until such time as he saw increased revenues as proposed by the motion off-set by a cost reduction or decrease in revenues in another area, he could not vote favorably on any such action. He contended that a service should bear the cost of delivering that service. He would also vote "No" on all such proposals until it could be established that the City was faced with increased costs that were no longer able to be handled by existing revenues. A vote was taken on the foregoing motion. The motion failed to carry by the follow- ing vote: AYES: COUNCIL MEMBERS: Kaywood and Roth NOES: COUNCIL MEMBERS: Seymour, Kott and Thom Councilman Roth stated that there should be a nominal charge for clerical costs involved; those asking for a service should pay their own way. On motion by Councilman Roth, seconded by Councilman Thom, a fee of $25 was set as the cost for continued Council items. To this motion Councilman Seymour voted "No". MOTION CARRIED. ORDINANCE NO. 3670: Councilwoman Kaywood offered Ordinance No. 3670 for first reading. ORDINANCE NO. 3670: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.42.020 AND 18.42.060 OF THE ANAHEIM bfUNICIPAL CODE RELATING TO ZONING. 153: ADJUSTING RATE OF COMPENSATION FOR CITY CLERK: Councilman Kott offered Resolution No. 77R-192 for adoption as recommended in memorandum dated March 16, 1977, from Personnel Director McRae. Refer to Resolution. RESOLUTION NO. 77R-192: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 76R-536 ~ND AMENDING RESOLUTION NO. 76R-324 BY ADJUSTING THE P~TE OF COMPENSATION OF THE CITY CLERK. 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-192 duly passed and adopted. 153: CREATION OF THE CLASS OF ILLUSTRATOR: Councilman Kott offered Resolution No. 77R-193 for adoption as recommended in memorandum dated March 15, 1977, from the Personnel~Director. Refer to Resolution Book. 77-326 ~ity Hal!,..Anaheim' California - COUNCIL MINUTES - March 22~ 1977~ !730 P.M. RESOLUTION NO. 77R-193: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-680 AND ESTABLISHING A NEW JOB CLASS AND RATE OF PAY. (Illustrator) 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-193 duly passed and adopted. 158: EASEMENT FOR PUBLIC UTILITY PURPOSES AND DEED TO CONVEY CERTAIN EXCESS CITY-OWNED PROPERTY: (Pacific Telephone Company and Income Property--s _ west side of Glasse~l Street, south of Frontera Street) With reference to memo- randum dated March 1, 1977, from the City Engineer, Councilman Kott asked how the price of $1 a square foot for the subject property was determined. City Engineer, James Maddox, explained that an independent appraiser determined the price of $1 a square foot to be reasonable for the property involved and he (Maddox) concurred in the appraisal since it was a small area good only for plot- tage value and not suitable for building. ~,unc~lman Kott indicated he did not have a copy of the appraisal as referred to in letter dated December 30, 1976, from Salkin Engineering. Councilman Seymour offered Resolution Nos. 77R-194 and 77R-195 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING AN EASEMENT FOR PUBLIC UTILITY PURPOSES TO THE PACIFIC TELEPHONE COM- PA~ ACROSS PROPERTY LOCATED ON THE WEST SIDE OF GLASSELL STREET, SOUTH OF FRONTERA. RESOLUTION NO. 77R-195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF A DEED TO CONVEY CERTAIN EXCESS CITY OWNED PROPERTY ON THE WEST SIDE OF GLASSELL STREET, .SOUTH OF FRONTERA. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 77R-194 and 77R-195 duly passed and adopted. 170: LOT LINE ADJUSTMENT (STRAND): Councilman Seymour offered Resolution No. 77R-196 for adoption as recommended in memorandum dated March 15 1977, by the City Engineer. Refer to Resolution Book. ' RESOLUTION NO. 77R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO ADJACENT PARCELS PURSUANT. TO LOT LINE ADJUSTMENT PLAT .MARKED EXHIBIT "A" AND ATTACHED HERETO ON FRONTERA STREET AND GLASSELL STREET IN THE CI%Y OF ANAHEIM. 77-327 .City Hall, Anaheim, California - COUNCIL MINUTES - March .22~ 1977~ 1:30 P'M' Roll Call Vote: AYES: COUNCIL M~MBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott NOES: COUNCIL MEMBERS: None The Mayor declared R~solution No. 77R-196 duly passed and adopted. 175: UTILITIES SERVICE CENTER, PHASE IV - CHANGE ORDER NO. 2~ WORK ORDER NO. 2286: City Manager Talley refer~ed to memorandum dated March 16, 1977, wherein the City Engineer recommended approva.[ of additional work on the subject Work Order in the amount of $27,710.54. tn answer to Councilman Kott, Mr. Maddox explained that the 9% increase resulted from changes that were deemed necessary during the course of construction, thereby improving the use and efficiency of the building for the Water and Electrical Divisions of the Utilities Department. MOTION: Councilman Kott stated that he would have to cast a negative vote on the Change Order as he was opposed to having a bid come back requiring additional money for completion of a project. He thereupon moved to deny authorization for Change Order No. 2 on Work Order No. 2286. Councilman Thom seconded the motion. The motion failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kott and Thom NOES: COUNCIL MEMBERS: Kaywood, Seymour and Roth Councilman Seymour explained that in his experience in the construction business, such a situation was not at all unusual; the closer the completion of construction, the more obvious needed changes became. In this case, it was a matter of trusting the judgment of the department head relative to the changes he saw necessary. Al- though he empathized with Councilman Kott's position, he was of the opinion that to apply such philosophy uniformly was impractical. Councilman Kott explained that he understood Councilman Seymour's philosophy and did not disagree. However, he took issue with the example of the private sector. Since the public sector and taxpayers' money was involved, he could not accept any ~:hanges from expenditures previously authorized and expected at the same time that the project would be.done satisfactorily. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, Change Order No. 2, in the amount of $21,710.54, to Work Order No. 2286, Utilities Service Center, Phase IV, was approved, bringing the original contract price to $268,183.29. To this motion Council Members Kott and Thom voted "No". MOTION CARRIED. 123: }lAN IN WASHINGTON PROGRAM: Relative to the approval of an addendum to a Joint Powers Agreement dated October 1, 1973, and authorizing an agreement between the Consortium Cities and the National Center for Municipal Development, both pertaining to the employment of a Washington Representative, Councilman Kott posed several questions relating to differences he saw in the two agreements. Since the two proposed res,~lutions were tied together, he contended that the agree- ments dated 19.73 and 1976 did not coincide and the differences needed to be explained before substitutions were made. His main point was that in the 1973 contract, travel expenses were included in the salary, whereas in 1976, travel expenses were additional. 77-328 City Hall~ Anaheim, California - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. City Manager Talley stated that the only substitution to his knowledge was that the City of Huntington Beach dropped from the Consortium and the City of Costa Mesa was added. f Discussion followed between Councilman Kott, Mr. Robert Hodges, Intergovernmental Relations Officer, and staff specifically on the matter of travel expenses, at the conclusion of which it was ascertained by Councilman Seymour and confirmed by the City Attorney that Page 4, sub-paragraph B, of the 1976 agreement indicated that any travel specifically requested by a City over and above that covered in the agreement would be extra. To that degree, both agreements were consistent. NorMal travel expenses were already included in the $13,314.60, of Anaheim's share. It was also confirmed by Mr. Talley that the $18,000 budgeted for the Man in Washington Program would not be exceeded. Councilman Kott stated that although he had no problem with the situation as Council- man Seymour described it, it was not clear in the agreement that there would be no additional cost and he would, therefore, have to cast a negative vote. Councilman Roth commented that although he originally took a dim view of the Man in Washington Program, he was now in support of it 100% as he saw its effective- ness firsthand through the City's representative, Mr. Bill Morgan, when he visited Washington, especially relative to the City's acquisition of EDA Grants as well as discussions he had with California's Congressional Representatives regarding the program. The Mayor indicated he had watched the program since 1973 and never agreed as to its effectiveness. Councilman Seymour offered Resolution Nos. 77R-197 and 77R-198 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ADDENDUM TO AGREEMENT AMONG THE CITIES OF ANAHEIM, COSTA MESA, FULLERTON, GARDEN GROVE, AND SANTA ANA, PERTAINING TO THE ADDITION OF COSTA MESA TO AN AGREEMENT DATED OCTOBER 1, 1973, EMPLOYING A WASHINGTON, D.C., REPRESENTATIVE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. RESOLUTION NO. 77R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITIES OF ANAHEIM, COSTA MESA, FULLERTON, GARDEN GROVE AND SANTA ANAAND THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., PERTAINING TO THE EMPLOYMENT OF A WASHINGTON REPRESENTATIVE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREE- MENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None The Mayor declared Resolution Nos. 77R-197 and 77R-198 duly passed and adopted. 77-329 ~ity Hall~ Anaheim, California - COUNCIL MINUTES - blarch 22~ 19777 1:30 P.M. 120: RELOCATION OF UTILITY POLE (STEINKE): City Manager Talley referred to his joint report with the City Attorney dated March 11, 1977, wherein it was recom- mended that the Council reconsider its action taken February 15, 1977, relative to the problem surrounding a utility pole located at 773 Peralta Hills Drive, requesting that it be resolved at no cost to the property owner. The concern expressed was that such action would be precedent setting in that many such rQ- quests were received by property owners and some of the relocations involved facilities that were under prescriptive easements. Although the Mayor did not disagree with the statistics contained in the subject report, he viewed the City's absorbing the cost of raising the lines involved in this Steinke matter as compensatory relief for the harassment given the property owner and he was still willing to do so even though other owners, as outlined in the report, were held responsible for such payment. Coumcilman Kott stated that he did not know the.circumstances of the other examples used and whether or not they were identical to the case in question. If other considerations were going to be used for a basis for arriving at the present deci- sion, he would have to know more about the matter. City Attorney Hopkins explained for Councilman Roth that since the utility pole had been on tbe owner's property since 1948, the City had a right to the easement, as well as the fact that the line was plainly visible, thereby giving the City the right to have the easement. Utilities Director, Gordon Hoyt, briefed the Council on the development of Peralta Hills and other rural areas when the need arose for electricity. He explained that lines were run through groves or farms to provide power to the farmer or rancher who gave general permission to cross the property. Subsequently when the property was subdivided, no specific description was given under the particular line. Since the lines had been there for a very long time and were prominent, the City accordingly acquired a prescriptive right. He explained that there were a number of such situations existing in Peralta Hills and there were very few lines with specific described easements. When requests are made to have the lines moved by the City, the property owner is informed that the lines are legally lo- cated, but the Utilities Department will do anything technically possible to assist; however, at the expense of the property owner and not the rate payer. Mr. Hoyt emphasized that over the years advice from presiding City Attorneys indicated that to do otherwise would constitute a gift of public funds and, therefore, all such requests were refused where appropriate prescriptive rights existed. Electrical Superintendent, George Edwards, further explained other similar examples not just confined to Peralta Hills but throughout the City where large parcels and agricultural land were involved. When relocation requests were received and prop- erty owners informed of the costs involved, they generally designed or built around the prescriptive easement. MOTION: Councilwoman Kaywood indicated it would be very difficult to make the present case a special one and therefore offered a motion to reverse the action taken by the Council on February 15, 1977. Councilman Roth seconded the motion. 77-330 ~ity Ha!l~ Anaheim~ California - COUNCIL MEMBERS - March 22~ 1977~ 1:30 P.M. Before a vote was taken, (]~Ln~ilman Seymour wanted confirmation from the City Attorney that, in fact, if tb.~ previous Council decision were upheld, it would constitute a gift of publi~; f~ds. Mr. Hopkins explained tl~at ;;ince it was providing a service without any reimburs~.- ment to the City, it would be a gift of public funds, relying on the expertise,of the Electrical Department that in this case it was not something being done for safety, but for convenience of the property owner. Mayor Thom maintained that he did not look at it as a gift of public funds b~t as compensation for dam~ges done to the individual property owner and that was his justification for casting a negative vote. vote was taken on tb.~ foregoing motion reversing the February 15, 1977, decision the Council. The mot~u~ carried by the following vote: AYES: NOES: COUNCIL MEMBERS: Kaywood, Seymour and Roth COUNCIL MEMBERS: Kott and Thom Councilman Kott commente,t ~-~t such action was a good example of bureaucracy r~d tape and poor public relat~,'~ns. 174: EDA ANTI-RECESSIONARY GR~NT APPROPRIATION: City Manager Talley outlined the four recommendations made in his memorandum dated March 9, !9777 relative to the $190,469 received under the subject grant appropriation. Councilman Seymour indicated that although he supported elimination of the 120-day freeze determination, Recommendation No. 4, $95,469, he did not agree that the other three recommendations, Fiscal Systems Modifications, $45,000, Public Service Employee Grant overage, $45,000, and Training, $5,000, were appropriate in light of the present Budget deliberations with department heads. He instead saw the possibility of creating $100,000 that could be applied toward a tight budget, and he was interested in other recommendations that would deal with budget expenditures for the next f~scal year and not the present one. Discussion followed between the City Manager and Councilman Seymour regarding the ramifications of the grant, time limits involved, and additional comments on the approaching fiscal budget. Councilman Seymour then reiterated and emphasized his request that thc remaining approximate ~95,000, after eliminating the 120-day freeze, be utilized toward ~'he r~d~,ction of the next fiscal budget~ On motion by Councilman Seymour~ seconded by Councilman Thom, $95,469 of the subject grant was applied to eliminating the 120-day freeze immediately and the City Manager directed to submit a report relative to recommendations for utilization of the re- maining $95,000 in reducing the next fiscal year's budget. MOTION CARRIED° Before concluding, Councilman Kott, for the benefit of those in the Council Chamber and the Press, explained that the City was engaged in a Fire Training Facility Project with two other cities in which a Federal Grant was involved. He explained that bids had gone out previously but the low bidder reneged on his bid because of a clerical error, which bid would have brought the cost in line with the grant. How ever, all bids were rejected and it was expected that new bids would come in over and above the Federal Grant. Since Anaheim's share was 50%, he suggested that 77-331 City Hall~ Anaheim, California - COUNCIL MINUTES - March 22~ 1977~..~:30 ~'M'_ $100,00 or $125,000 of the EDA appropriation be applied toward the Joint Fire Training Facility. Councilman Seymour stated that such a request spoke to the thrust of his motion in that such action maintained flexibility of the use of the funds. Although only $95,000 would be available, Councilman Kott's suggestion was one that should be considered. 105 AND 106: BOARDS AND COMMISSIONS BUDGET ALLOCATIONS: The Mayor referred to. letter dated F~rch 11, 1977, from Elizabeth Schultz, Chairman of the Library Board, wherein she expressed concern due to a budget change requesting isolation of Board expenditures from the related department's budget, noting that it was a marked departure from previous years. She further requested that the Council confirm such a change in a formalized written manner. The F~yor then asked City Manager Talley if the request was generated by him as he (Thom) did not recall it being discussed and if 'it included every board and commis- sion connected with a department in the City. Mr. Talley stated that the request was generated by him after the last management seminar wherein each department having a board or commission was requested to ask their board or commission to indicate the amount they wanted for their budget. He subsequently received same and knew of no problem until the letter from the Library Board was submitted. Councilman Seymour could not recall hearing the proposal before and stated he had some very serious concerns with the process which he considered would place a barrier and lead to the destruction of the direct line of communication between the Council and its appointed bodies. He stressed that he would not have the City F~nager or the bureaucracy coming between those bodies from which he expected to receive necessary input and favored the continuation of past policy. He reiterated his strong opposition and disagreement with the fact that such request had been made considering that the City Manager was not instructed to do so. Mr. Tal!ey explained that tens of thousands of dollars in staff time were going toward boards and commissions but shown as part of the departmental program, thereby not showing true costs. Now, it was not possible for the Council to identify those costs. A request was made to the boards and commissions to identify how much money they needed in the budget so it could be reported in one block to the Council. Councilman Seymour indicated that once the City Manager started controlling the flow of information, the board or commission was going to be subject to intimidations as a result of feeling pressure from the administrative office. He also stated that the costs Mr. Talley indicated were not being reported were insignificant in their relationship to the entire budget, and the Council had the ability to identify those costs. In answer to Councilwoman Kaywood, who was of the opinion that no problem was in- volved with the request, Councilman Seymour indicated that in order to ascertain the staff time involved, it was only a matter of asking questions relative to a particular department budget. 77-332 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - March 22~.~9~7~ 1:30 P.M. The Mayor agreed with Councilman Seymour and confirmed that the new procedure was breaking the identity between the function the bma~-d or commission performed and such identity should not be split away from that ~u~ct~on. Councilman Kott also agreed that nothing should come between the relationship of the Council's appointed bodies and themselves. On motion by Councilman Seym~ur, seconded by Councilm;~n Thom, it was clarified that the prior policies defined in the City Charter relative to board and comm[s= sion budget requests wo~ld be ~'ontinued and such reqL~ests submitted in conjunclion with their respective departme,~s. Councilwoman Ka~ood abstained. MOTION CARRIED. Staff was further instructed ~o respond to Mrs. Schultz'~ letter. 105 AND 113: RE-EVALUATION OF CONFLICT OF INTEREST CODES: Councilman Roth referred to a letter dated March 16, 1977, from Elizabeth Schuitz, Chairman of the Library Board, requesting a change in the Conflict of Interest forms presently in use. The Mayor explained that the City of Santa Ama was modifying their code and he recom- mended that the City Attorney's Office re-evaluate the code relative to a number of employees and Boards and Commissions since many of these bodies did not determine policy. City Attorney Hopkins i,~d:i,'at, d that his Office was already in the process of such re-evaluation, having r~ceived a copy of the letter from the Library Board. He stated almost on a weekly basis a new directive was received from the Fair Politica[ Practices Commission (FPPC) either changing, modifying or reducing stringent re- quirements previously imposed. In some cases, various departmental requirements had already been modified in line with the FPPC. 105: CO)~MIJNITY OUT-REACH ~'P, OGRAM - RECOMMENDATION BY COb~MUNITY SERVICES BOARD: The Mayor referred to memorandum dated March 17, 1977, from the Community Services Board which was an answer to a previous Council request for recommendations as to appropriate expenditure of the remaining Community Out-reach Program funds originally allocated to the George Washington School Out-reach Program. The Board recommended that $800 be expended toward an additional TLC Nutritional Service to the elderly. Executive Director, Norm Priest suggested that the Community Services Board also be requested to bring back additional recommendations for the remaining $600 of the approximate $1,400 in unexpended funds. On motion by Councilman Kott, seconded by Councilman ~lom, recommendations by the Community Services Board to expend $800 from Community Out-reach Program Funds for an additional TLC operation was accepted and additional recommendations solicited from the Community Services Board for the remaining $600. MOTION CARRIED. PUBI.IC HEARING - CONDITIONAL USE PERMIT NO. 1681: Application by Dunn Properties Cc, rporation, to permit a drive-through restaurant on ML zoned property located at the northeast corner of La Palma Avenue and Woodland Drive with code waivers of: a) Maximum number of signs b) Minimum distance betwee[~ signs c) Minimum number of parking spaces 77-333 City Hall~,Anaheim~ California - COUNCIL MINUTES - March 22~, 1977~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC77-~2 recommended that the proposed project be declared exempt from the requirement to prepare an Environ- mental Impact Report pursuant to the provisions of the California Environmental Quality Act and further denied Conditional Use Permit No. 1681. Appeal of the Planning Commission's action denying Conditional Use Permit No. 1681 was filed by Kenneth A. Bates, Agent for the Applicant, and public hearing scheduled this date. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Kenneth Bates, 1310 North McLean Drive, Agent for the Applicant, gave the back- ground of Volunteer Capitol Corporation and its present status; synopsized from a Dun and Bradstreet report; explained the concept of Wendy's Restaurants specializ- ing in hamburgers, indicating that their success was based on a void in the industry of the type of service they offered; their's was a substantial project creating approximately 50 jobs for the youth o~ Anaheim as well as increasing revenues for the City, and they wished to become a part of the civic, cultural and busi'ness community of Anaheim. They would be willing to listen and work with the Council on any suggestions relative to the project. Discussion followed wherein Mr. Bates was asked to speak to the item of greatest concern, waivers "a" and "b", pertaining to signing. Mr. Bates explained that staff considered the traffic directional signs as a free- standing sign. They would reduce the size by 1 foot by 2 feet and also reduce the height. If the three traffic directional signs were eliminated, only two proposed signs remained - a free-standing identification sign facing on Woodland, and the drive-up menu sign for drive-thru customers. He stated that the three traffic directional signs could be painted on the asphalt if that was deemed necessary. Having had Mr. Bates confirm the number of signs, the Mayor asked if the problem was proximity of the drive-thru and menu signs to the logo sign. Miss Santalahti indicated there were two other entrance signs legally located at entrances but the third sign at the corner without any entrance was the problem. Mr. Bates stipulated that they could get along without that sign upon questioning by the Mayor. Miss Santalahti further stated that the menu sign was of concern because it faced a public street and was readable from the street. Although drive-thru's typically did have such signing, it was located so as not to attract attention. Mr. Bates stipulated that the sign could be located further back on the property which would reduce the angle facing the street. 77-334 ~City Hall.~. Anaheim, California - COUNCIL MINUTES - March 22~ 1977~ 1:30 ..P.M. Councilman Seymour spoke to traffic signalization and asked to what degree such signalization was discussed by the Planning Commission or the Applicant relative to some willingness to handle the traffic signal problem. Mr. Bates interjected that Mr. Ray Chermack of Dunn Properties was present and willing to commit to the traffic signalization of Woodland Avenue. ~ Ray Chermack, Dunn Properties, 28 Brookhollow Drive, Santa Ana, stated they were ready and willing to make a commitment to the City regarding signalization of not only the intersection of La Palma and Woodland, but also the intersection of Magnolia and Woodland. They wished to do so on the basis that both signals be installed at the same time so as to realize a cost savings. He had spoken with Traffic Engineer Paul Singer who agreed that both signals were necessary although it was determined that the City Council would speak to the cost. Dunn Properties concurred and were willing to commit themselves financially either with a cash bond or a surety bond. Discussion followed between Councilman Seymour and staff relative to past policy regarding cost sharing of traffic signals. Miss Santalahti indicated that prior to the issuance of the'building permit, a bond is posted guaranteeing installation of a signal by the developer. The City reimbursed if other projects came in impacting the same corner. In this particular case, the Planning Commission approved a project just to the west of the proposed project and did require payment for the signal at Woodland and La Palma which the subject property would also be impacting. Mr. Chermack referred to the minutes of a previous meeting wherein discussion in- dicated that the usual participation in cost to the developer would be half the cost of the signalization and they would be willing to participate on that basis. Miss Santalahti stated that in the last two months, developers had been required to pay the full cost of the signal. In instances where it was unknown whether or not development would be occurring in the future nearby, they had gone on a partial basis, but where it was obvfous that surrounding property was nearly all developed and if development was the last notable project, then the full cost was required. It was also confirmed on question by Councilwoman Kaywood that the project mentioned earlier and located to the west immediately adjacent to the Buena Park city limits, was also part of the whole industrial complex being developed by Dunn Properties. There being no further persons who wished to speak either in favor or in opposition, the Mayor closed the public hearing.~ Relative to the signalization, Councilman Seymour stated he did not favor the liberal- ization of the past unwritten policy requiring payment of half the signalization by a developer and he did not wish to set a precedent requiring full payment. For that reason, he was willing to support the request of Dunn Properties in this in- stance and their willingness to share in half of the two traffic signals required, Woodland at Magnolia and Woodland at La Palma, which stipulation was to be incorpor- ated into the resolution. Relative to signing, he was of the opinion the matter had been settled with the Applicant as stipulated, one sign, the third entrance-exit sign at the corner where there was no entrance was to be eliminated, as well as the reorientation of the men~ sign so as not 'to be exposed to public traffic. 77-335 Ci___ty Hall, Anaheim, California - COUNCIL MINUTES - Mar~j~ 22~ .1977~. 1:.30 P.M. Councilwoman Ka~ood interjected that in all fairness to the Planning Commission, part of the reason why they recommended denial of the Conditional Use Permit was that the initial proposal for the subject property in changing the industrial zoning was for a planned commercial area that never materialized, thereby resulting in a change in original plans. The Mayor asked if the plan on file at present was to be considered as amended% Miss Santalahti explained that the only inconsistency would be that one sign was deleted and one redirected so only a minor adjustment was involved. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, 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 EIR. MOTION CARRIED. CoL~ncilman Seymour offered Resolution No. 77R-19~ for adoption granting Conditional Use Permit No. 1681 subject to Interdepartmental Committee recommendations and addi- tional stipulations by the Applicant relative to signing and the sharing of one-half the cost of two traffic signals. Refer to Resolution Book. RESOLUTION NO. 77R-199: A RESOLUTION OF %HE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1681. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M]{MBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-199 duly passed and adopted. 167: WORK ORDER NO. 802-A: Councilman Roth offered Resolution No. 77R-200 for adoption rejecting all bids on Work Order No. 802-A as recommended in memorandum dated March 14, 1977, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 O'CLOCK P.M. ON THE 10TH DAY OF MARCH, 1977, FOR MODIFICATIONS AND INSTALLATION OF PEDESTRIAN SIGNAL INDICATIONS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM,' WORK ORDER NO. 802-A. 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-200 duly passed and adopted. 160: PURCHASE OF EQUIPMENT - TWO PORTABLE AIR COMPRESSORS - BID NO. 3205: On motion by Councilman Roth, seconded by Councilman ~hom, the low bid of Ingersoll-Rand was accepted and purchase authorized in the amount of $11,223.28, including tax, as recommended by the Purchasing Agent in his memorandum dated March 17, 1977. MOTION CARRIED. 77-336 City Hal.l~ Anaheim, California- ~COUNCIL MINUTES- March 22~ 1977~ 1,:30 160: PURCHASE OF EQUTP:~ENT - NINETEEN FOUR-DOOR ¥OLICE SEDANS - BID NO. 3207: On motion by Councilmz~ Kott, seconded by CounciIman Thom, the low bid of Trl~l~.r Chevrolet was accepted and purchase authorized in the amount of $100,465.54, eluding tax, as recommended by the Purchasing Agent in his memorandum dated M~rch 14, 1977. MOTION CARRIED. 151: PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Kott, seconded~ by Councilman Roth, application for Public Fireworks Display Permit filed by Walt Disney Productions, on behalf of Disneyland, to discharge fireworks at the Park April 2 through 9, 1977 at 8:30 and 10:30 p.m. nightly was approved. MOTION CARRIED. ~11: 1977 CARROUSEL OF ANAHEIM: On motion by Councilman Roth, seconded by Council- ma~ Thom, the budget request for the 1977 Carrousel of Anaheim to be held May 19 - 21, 1977, at the Convention Center, plus free parking ~or the event, and request that the month of May be proclaimed "Anaheim Cultural Arts Month" were approved as requested by the Women's Division of the Anaheim Chamber of Commerce. Councilwoman Kaywood abstained. MOTION CARtRIED. Although City Attorney Hopkins indicated no conflict of interest would be involved, Councilwoman Kaywood abstained since she was a member of the Women's Division of the Anaheim Chamber of Commerce. 108: APPEAL FROM DENIAL OF APPLICATION FOR SOLICITATION OF CHARITY FUNDS: Reverend U. J. Fields, American Missionary Society, Submitted an appeal from denial (February 22, 1977) of Application for Solicitation of Charity Funds, door-t~-door distribution o~,-. free literature and acceptance of donations, March 1 through April 30, 1977. Reverend Fields first stated that the Society was indignant to learn that the City Council had rejected their religious freedom guaranteed by the United States Con- stitution in denying their subject application. He then gave an overview of the work of the Society since it was established in 1963. He explained that their work was being carried forward in cities contiguous to Anaheim and these cities recog- nized it was within the society's religious right to do so. The Mayor explained why the Council took the previous action in that for many years appeals received from their constituency stressing they did not wish to be bothered by door-to-door solicitation and asked that the Council not approve permits for such activities to those not headquartered in the City of Anaheim. Therefore, the City Council some years ago set a precedent whereby those organiza- tions based outside of Anaheim would be denied a permit for door-to-door solicitation. There was deviation from time to time wherein an applicant made application and stated they would only go to business centers or commercial store entrances and not residences, thereby not disturbing residents. Reverend Fields contended that the precedent was a dangerous one because of the cosmopolitan nature of things. Over and beyond that however, was the religious right the Society had to carry on their work. T~ Mayor stated he agreed that any religion gould go door-to-door espousing their religion and handing out religious material, but that they were asking for permis- sion to solicit funds along with that. %he City would not deny anyone pursuit of his religious freedom. 77-337 ~C[ty Hall, Anaheim, California - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. City Attorney Hopkins stated that he had a letter signed by Reverend Fields dated January 19, 1977, in which he said his organization was not involved in charity, but religions work. Mr. Hopkins explained that the City ordinance dealt with solicitation and fund raising for charities but if merely religious work was involved, then the ordinance did not apply and religious discussion would be protected by. the Constitution. Thereby, he conf~rmed for Mayor Thom that a permit would not be needed. Councilwoman Kaywood st~ted that in a letter of March 9, 1977, from the Missionary Society, it also indicated they would accept freewill donations. Mr. Hopkins clarified that freewill donations were up to the individual. Reverend Fields recognized that there could be a lot of reservations on the part of citizens, and, therefore, a clearance by the City Council would eliminate whether or not their organization was legitimate. ~P~e P~yor stated he was of the opinion that the organization could truthfully ~tate that they had advised the City of Anaheim of their coming into the City to do missionary and religious work, and there was no City law prohibiting same, and a permit was not necessary. City Attorney Hopkins affirmed what the Mayor stated if strictly religious work was involved. He asked however that a list of names be left with the Police Department of those representatives who were going to be doing the work. Thereby, the Police Department could respond to any inquiries that the organization had been cleared by the City. ~ne Mayor apologized for any misunderstanding as the work of the Society was actually missionary religious work, and they were welcome in the community. He pointed out that solicitation for charitable funds and the pursuit of religious freedoms were entirely two different matters. Mr. Ken Jesse of the American Missionary Society explained that he had a number of letters with him from various cities stating they did not have any jurisdiction over religious solicitation. He also had a leaflet containing all of the names of the people on their staff and he would be happy to leave it with the Police Department but also requested a letter from the City stating that a permit was not needed because theirs was a religious organization. Mr. Hopkins confirmed that his office would supply the letter and reiterated his request that the list of names be left with the Police Department. RECONSIDERATION OF RECLASSIFICATION NO. 73-74-37 AND CONDITIONAL USE PERMIT NO. 1445 ~ND 1446 - EXTENSION OF TIME: Mr. William F. Garman, Attorney on behalf of Canyon Plaza Development, requested that the City Council reconsider their denial of an extension of time to Reclassification No. 73-74-37 on January 25, 1977, and the related Conditional Use Permits. He explained that tbe original plans were approved by the Planning Commission a~d they wanted to assure the Council that the property was not being held for speculation, but that the parties involved wanted to move on it immediately. 77-338 City Hatl~ Anaheim~ California - COUNCIL MINUTES - March ~ 1977,. 1:30 P.M, Councilman Kott indicated that in the original request which came before the Council dated January 7, 1977, four conditions were set forth, one of which was complied with. He wanted to know if the present owners were willing to go ahead with all of the origiual conditions and the original conditional use permits as proposed or if an alteration or a different project was planned. Mr. Garman stated that he believed they were ready to proceed exactly as the ~ project was proposed and the three remaining conditions, as outlined by Councilman Kott, were proper and would he met, and the architect was present to verify thim fact. Mr. George Ril=y, Architect ior Canyon Plaza Developme~t, confirmed that the appli- ~ants were willing to comply with the conditions previously imposed, however, they needed an extension of time to do so. They were not asking for any waivers of the conditions. On motion by Councilman Kott, seconded by Councilman Roth, a one year extension of time to Reclassification No. 73-74-37 and Conditional Use Permit Nos. 14~5 and 1446, retroactive to February 5, ]977, to expire February 5, 1978, was approved. MOTION CARRIED. REQUEST FOR REHEARING - RECLASSIFICATION NO. 76-77,27 AND VARIANCE NO. 2881: On motion by Councilman Ses-mour, seconded by Councilman ~om, a second request-from John H. Waters of Architecture West, Inc., for a rehearing on Reclassification No. 76-77-27 and Variance No. 2881, was granted, subject to a $50 fee to help defray legal pnblication costs. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Thom, 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. 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 Southern California Gas Company for property damages pur- portedly sustained during repair of electric line (1754 Sheffield, Anaheim) on or about October 12, 1976. b. Claim submitted by Gerald H. Cares for damages and personal injuries purportedly sustained as ~ result of a fall on a broken sidewalk at 412 South Helena on or about March 2, 1977~ c. Claim submitted by imperial Paint Company for property damages purportedly sustained as a result of low voltage problems coming from a City source from about June 1975 through January 1977. d. Claim submitted by Virginia Mashtouf for personal injuries purportedly sustained as a result of a fall in the alley adjacent to her address on or about December 16 1976. ' e. Claim submitted by Gerald W. Moore II for personal injuries purportedly sustain as a result of improper supervision of crowds at Anaheim Stadium on or about August 7, 1976. 77-339 City Hall, Anaheim, Ca] ~fornia - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. 2. 108: DINNER DANCING PLACE PEP~MIT AND PRIVATE PATROL_: The following permits were granted subject to the recommendations of the Chief of Police: a. Dinner Dancing Place Permit to allow dancing Sunday through Saturday from 7:00 p.m. to 2:00 a.m., at Dandel's Restaurant, 1490 South Anaheim Boulevard (Herbert Waltzman, Applicant). b. Private Patrol App]~,-~on to provide private security services within the City, Protectal Corporati~n, 21243 Ventura Boulevard, Woodland Hills (Barry J. Rubenstein, Applicant). 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 114: City of Santa Ana Resolution No. 77-35 urging the State Legislature to return to prior formula of 20% distribution of total State sales and use tax revenues collected by the State and distributed to cities. b. 173: Greyhound Lines, Inc., request to the California Public Utilities Commission for authority to revise Intercity Route Groups 17 and 18, Los Angeles and Orange Counties, adopting segments of California Highway 57 as Routes 17.0lB, 17.13A, 17.13B and 18.03B, to be utilized as alternate routes. c. Public Utilities Commission of the State of California Opinion and Order of Application No. 55575 of The Pacific Telephone and Telegraph Company for a perma- nent tariff covering the offering of 80lA Dial PBX Service. d. 175: Federal Power Commission regarding Southern California Edison Company Docket No. ER76-205, Order Directing Compliance with Previous Discovery Order and Extending Procedural Dates (March 7, 1977). e. 173: Pacific Seaboard A~:lines, Inc., dba: Los Angeles Helicopter Airlines, Application before Civil Aeronautics Board, Washington, D.C., Docket No. 30433, Answer to Conditional Objection of Applicant to Petitioners Petition to Intervene. f. 105: Project Area Committee - Minutes of February 22, 1977. g. 105: Community Redevelopment Commission - Minutes of March 2, 1977. h. Monthly reports for February, 1977 - Building Division (107) and City Treasurer (117). i. 148: Orange County Vector Control District - Minutes of February 17, 1977. MOTION CARRIED. RESOLUTION NOS. 77R-201 2~ROUGH 77R-206: Councilwoman Kaywood offered Resolution Nos. 77R-201 through 77R-206, both inclusive, for adoption, in accordance with reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 77-340 City Hallt Anaheim, California - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. RESOLUTION NO. 77R-201: A RESOLUTION OF ~IE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS ~D ORDERING THEIR RECORDATION. (Preston K. Allen, et al; C-4B Anaheim Company, et al.; Adorado Villas; James Stanley Gregg; William M. Clow, et al.; Dean Narath; William Mohler, et ux.; Helen C. Boetteger; Raymond A. Gutierrez, et. ux.) RESOLUTION NO. 77R-2~2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- T]ON BaND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PENHALL WAY STREET IMPROVE- bIENT, E/O CRESCENT WAY, IN THE CITY OF ANAHEIM, WORK ORDER NO. 803-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PI.ANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened April 21, 1977, 2:00 p.m.) RESOLUTION NO. 77R-207!_:. ,\ RESOLUTION OF THE CITY COUNCIL OF THE CItY OF ANA]IEIM FINALLY ACCEPTING RItE ~'.Ot~P~.ETION AND THE FURNISH'i£.~G OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMEi~Y 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: EUCLID STREET STREET IMPROVEMENT, N/O SALLIE LANE, IN THE CITY OF ANAHEIM WORK ORDER NO. 797-A. (John W. Tiedemann Company) RESOLUTION NO. 77R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (76-13A). (Public hearing, April 12, 1977, 3:00 p.m.) RESOLUTION NO. 77R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACH>IENT PERMIT AND AUTHORIZING THE ~YOR k%~ CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH SHAW AND TALBOT, A GENERAL PARTNERSHIP (76-5E). (N/O La Palma, E/O Tustin) RESOLUTION NO. 77R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHORIZING THE F~YOR AF~ CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH RICHARD J. AND THERESA A. NOLETTE, HUSBAND AND WIFE. (76-11E). (N/S Dwyer Drive, S/O Westmont) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood,-Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-201 through 77R-206, both inclusive, duly passed and adopted. CITY PLANNING COMAMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held February 28, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Roth, seconded by Councilman Thom, the City Council authorized the actions pertaining to the following Environmental Impact require- ments, as recommended by the City Planning Commission, and took no further action on the following applications. (Item Nos. 1 through 11) 77-341 .City Hall, Anaheim~ California - COUNCIL MINUTES - March 22~ 1977~ 1:30 P.M. 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The Planning Director has determined that the proposed activities in the following listed zoning appli- cations fall within the definitions of Section 3.01, Class 1, 3, or 5, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and are, therefore, categorically exempt from the requirement to file an EIR: Variance N~. 2895 Variance No. 2908 Variance No. 2909 Conditional Use Permit No. 1689 Conditional Use Permit No. 1690 2. ENVIRONMENTAL IMPACF REPORT - NEGATIVE DECLARATION: The Planning Commission recommends to the City C~,uncil that the subject projects in the following listed zoning applications be ~clared exempt from the requirement to prepare an Environ- mental Impact Report, p~suant to the provisions of the California Environmental Quality Act: Variance No. 2907 Variance No. 2910 3. VARIANCE NO. 2895: Submitted by Linton Collier, to permit an existing fotomat on C-R zoned proparty located at 1652 South Harbor Boulevard with code waiver of minimum structural setback. City Planning Commission Resolution No. PC77-47 granted Variance No. 2895. 4. VARIANCE NO. 2907: Submitted by Raymond A. and Margaret Dillon, to establish a four-lot, RS-7200 zoned subdivision on property located at 141 South Harding Drive with certain code waivers. City Planning Commission Resolution No. PC77-48 granted Variance .No. 2907. 5. VARIANCE NO. 2908: S~[>mitted by Orange County Volvo, Inc., to establish an auto repair shop and auto sa[es on CG zoned property located at 777 North Anaheim Boulevard with code waiver of permitted uses. City Planning Commission Resolution No. PC77-49 granted Variance No. 2908. 6. VARIANCE NO. 2909: Submitted by King W. Vidor, to permit a tune-up center in an existing service station on CL zoned property located at 2101 South Harbor Boulevard with code waiver of permitted uses. City Planning Commission Resolution No. PC77-50 denied Variance No. 2909. 7. VARIANCE NO. 2910: Submitted by Save-Most Development, In~., to construct a mini-warehouse on ML zoned property located at 850 North Brookhurst Street with certain code waivers. City Planning Commission Resolution No. PC77-51 granted Variance No. 2910 in part. 8. CONDITIONAL USE PERMIT NO. 1689: Submitted by Terry D. Tognazzini, to permit a dance hall in a restaurant on C-R zoned property located at 1050 West Katella Avenue. City Planning'Commission Resolution No. PC77-53 granted Conditional Use Permit No. 1689 for one year, subject to review by the City Planning Commission. 77-342 ~ity. Hal. it Anaheim~ California - COUNCIL MINUTES - March 222 1977, i~30..P.M. 9. CONDITIONAL USE PERMIT NO. 1690: Submitted by Edwin J, and Dorothy E. Tyreman, to permit on-sale beer and wine in a billiard parlor on CG zoned pro- perty located 1225 West IH.ncoln Avenue with code waiver of minimum number of parking spaces. City Planning Commission Resolution No. PC77-54 denied Conditional Use Permit~ No. 1690. 10. VARIANCE NO. 2863: Submitted by Vernon Monr~,~., for an extension of time to Variance No. 2863 to permit o,tdoor manufacturing o~ CL zoned property located at 2238 Sequoia Avenue. The City Planning Commission granted a one-month e'~rtension of time to Varianc~e No. 2863 for compliance w~th ~onditions, subject t~'~ review by the City Planning Commission. 11. CONFORbiANCE WITH ANA}IEIN C. ENERAL PLAN - PROPOSED FLOOD CONTROL AND DRAINAGE IMPROVEMENTS (EMA): Submi~Lted by the Orang~ County Environmental Management Agency requesting a determination whether the proposed com~truction of the Dale-Cerritos storm drain within Cerr~tos Avenue from Dale Streei to approximately 1200 f,,~,t easterly is in conformance .~ith Anaheim's General P~an. City Planning Commiss~,~, ,~,lution No. PC77-55 determined the proposed flood control and drainage ~.q,,ovements to be in conformance with Anaheim's General P.}an. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 262 - REQUEST FOR TERMINATION: Submitted by John C. Dailey, Anaheim National Bank, requesting termination of Conditional Use Permit No. 262 to establish a service station on RS-A-43,000 zoned property located on the southwest corner of La Palma and State College Boulevard. Councilman Kott offered Resolution No. 77R-207 for adoption terminating Conditional Use Permit No. 262. Refer to Resolution Book. RESOLUTION NO. 77R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 262. 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-207 duly passed and adopted. VARIANCE NO. 2458 - REQUEST FOR TERMINATION: Submitted by C. M. C~nroy re- questing termination of Variance No. 2458 to permit a free-standing sign for a service station on property located on the northwest corner of Lincoln Avenue and Euclid Street, termination a condition of Variance No. 2848 subsequently granted for this property. 77-343 ~ity H.all, Anaheim, California -~ COUNCIL MIh~TES - March 22~ 1977~ 1:30 P.M. Councilman Kott offered Resolution No. 77R-208 for adoption, terminating Variance No. 2458. Refer to Resolution Book. RESOLUTION NO. 77R-208: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2458. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL M~MBERS: Kaywood, Seymour, Kott, Roth and Thom None The Mayor declared Resolution No. 77R-208 duly passed and adopted. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council- man Kott, seconded by Councilman Roth, it was determined by the City Council that the filing of a Grading Permit at the southeast corner of Cerro Vista Drive and Cerro Vista Way (No. 589), is exempt from the requirement to prepare an Environ- mental Impact Report, as recommended by the City Planning Commission, pursuant to the provisions of the California Environmental Quality Act. MOTION CARRIED. ORDINANCE NO. 3665: Councilman Thom offered Ordinance No. 3665 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3665: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING. (no park- ing both sides of Armando between its northerly terminus and La Palma Avenue) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M~iBERS: COUNCIL ME~ERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3665 duly passed and adopted. ORDINANCE NO. 3666: Councilman Thom offered Ordinance No. 3666 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3666: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.16, SECTION 4.16.050 OF THE ANAHEIM MUNICIPAL CODE AND ADDING ANEW TITLE 4, CHAPTER 4.16, SECTION 4.16.050 IN ITS PLACE RELATING TO DANCE PERMITS. (floor area, number of seats and area for food preparation) Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3666 duly passed and adopted. 77-344 City Hall,__Anaheim, California - COUNCIL blINUTES - March 22~ 1977, 1:30 P.M. ORDINANCE NO. 366~: Counci 1man Roth offered Ordinance No. 3667 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3667: AN ORDINANCE OF THE CITY OF AN~d[E],q AMENDING TITLE 18 OF THE ANAHELM MUNICIPAL COD~] RELATING TO ZONING. (76-77-5, RM-4000) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ,.~7wood, Seymour, Kott, Roth and Thom The Mayor declared Ordinance No. 3667 duly passed and adopted. ORDINANCE NOS. 3668 AND 3669: Councilwoman Kaywood offered Ordinance Nos. 3668 and 3669 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3668: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.08.5701030 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (correcting a typographical error) ORDINANCE NO. 3669:. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM b~NICIPAL CODE RELATING TO ZONING. (75-76-37, RS-HS-22,000, Mohler Drive No. 5 Annexation) Roll Call Vote: .V. ES: Al;SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3668 and 3669 duly passed and adopted. ORDINANCE NO. 3671: Councilwoman Kaywood offered Ordinance No. 3671 for first reading. ORDINANCE NO. 3671: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.04.900, 1.04.910, 1.04'920, 1.04.930, 1.04.940 AND 1.04.950 TO THE ANAHEIM bRINICIPAL CODE. (Youth Commission) ORDINANCE NOS. 3672 THROUGH 3674: Councilman Thom offered Ordinance Nos. 3672 through 3674, both inclusive, for first reading. ORDINANCE NO. 3672: ~N ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.02, OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO NEW SECTION 4.02.055 TO REQUIRE FEES FOR SPECIAL-EVENTS PERMITS. ORDINANCE NO. 3673: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18, CHAPTER 18.05, SECTION 18.05.074 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO NEW SUBSECTION .030 TO REQUIRE FEES FOR FLAG AND BANNER PERMITS. ORDINANCE NO. 3674: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM b~NICIPAL CODE RELATING TO ZONING. (76-77-12, CL) 77-345 [i~_t>i~Hall, Anahc, im, California- COUNCIL MINUTES- March 22~ t977~ .1:30 P.M. 178: WATER CONSERVATION: C~,,ncilwoman Kaywood presented an insert from Sunset Magazine which was distributed at the last Orange County League of Cities meeting called "For Summer-Dry ~lalifornia - Water Saving Planting Ideas." She asked that ~t be distributed to th~~ Council, Planning Department, Redevelopment Commission a~d other appropriate departments for reference purposes. ]20: REQUEST FOR NO SMOKING IN ALL PUBLIC BUILDINGS AND PLACES: Councilwoman Kaywood read a letter dated February 25, 1977, from Mrs. Nola Hatch requesting that the Mayor and all other persons cease smoking in all public buildings and places. 129: JOINT FIRE TRAINING FACILITY - BID FOR CONSTRUCTION: Fire Chief James Riley explained that two weeks prior the Joint Powers Authority (Anaheim, Garden Grove and Orange) went through the original bid process covering construction of the Joint Fire Training Facility under an EDA Grant as mentioned earlier in the meeting by Councilman Kott. He further explained that they received a good low bid which later was asked to be withdrawn by the bidder because of a $200,000 clerical error. After reviewing the bid, the Authority g~anted the permission to withdraw and went out to bid again. Chief Riley had just returned from the second bid opening wherein the low bid was $1,54~,000. The engineering estimate on the building portion was $1,512,000, however the additional $31,000 could be handled from the Contingency ~und within the grant application, thereby requiring no additional funds from members of the Authority. He was going back to the Authority in the mo=ning, expecting that they would award the bid to the low bidder, Julian Construction of Yorba Linda. 105: RESIGNATION OF JOSEPH BUTTERWORTH FROM THE MOTHER COLONY HOUSE ADVISORY BOARD: On motion by Councilman Thom, seconded by Councilwoman Kaywood, the resignation of Joseph Butte~orth from the Mother Colony House Advisory Board as outlined in his letter dated March 9, 1977, to Mrs. Sarah Pearson, Chairman of the Board, was accepted with regret and staff instructed to send a let.ter thanking Mr. Butterworth for his service. MOTION CARRIED. 114: DEFICIT FOR HOSTING DELEGATION FROM MITO JAPAN: The Mayor referred back to the visit of the contingent of City officials from Mito, Japan and the appropriation requested and approved at that time of $500 to help defray the cost of hosting a dinner. He explained that the City was now in receipt of three additional bills: brunch at Anaheim Stadium - $653.40; banquet, Szabo Foods - $1370; and miscellaneous banquet expenses - $202.87 amounting to $2,226.27. Against that total, $890 in offsetting credits was applied, leaving a deficit balance of $1,336.27, which was unforeseen at the time the original appropriation was requested. He was, therefore, asking Council authorization for payment of the differential balance from the Council Contingency Fund. On motion by Councilman Seymo~r, seconded by Councilman Kott, $1,336.27, was appropriated from the Council Contingency Fund to cover the cost of the deficit balance incurred as a result of hosting the Mito delegation. MOTION CARRIED. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess to Executive Session. Councilman 2bom seconded the motion. MOTION CARRIED. (4:10 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (4:17~ P.M.) 77-346 ~[ty Hall, Anaheim, California - COUNCIL MINUTES - March 22, 19.77,.1:30 P.M. 121: LITIGATION, ANAHEIM VS. REYNOLDS (MU~\TA PROPERTY): The Mayor stated that the litigation matter just reviewed by the Council, the City Attorney and the City's Attorney, Oliver, Stoever & Laskin, would be recapitulated by Mr. Stoever for the benefit of the press and those in the Council Chamber. Mr. Thomas W. Stoever, 1000 Sunset Boulevard, Los Angeles, stated that the a~tion related to a case which had been filed in Orange County Superior Court entitled, City of Anaheim vs. Reynolds, specifically regarding the Murata property involving the opening of Fairmont Boulevard. Because of the unique characteristics of the Murata property as compared with other properties in'the area, a settlement con- ference was held before Judge Robert Kneeland as a result of which, the court recommended settlement in the amount of $25,000 for the acquisition of slightly ~n excess of 1 1/3 acres. After reviewing the situation with his staff and the City Attorney's Office, Mr. Stoever concluded that an overall settlement of all issues in the b~rata case for the sum of $25,000 would be reasonable and to the benefit of both the City and the property ow-hers. He, therefore, recommended such settlement by the City. On motion by Councilman Seymour, seconded by Councilman Roth, authorization was given to the City's Attorney, Oliver, Stoever & Laskin, to settle all aspects and issues of the case ~f City of Anaheim vs. Reynolds (Murata property) for $25,000 plus costs. MOTION CARRIED. ADJOU~N~ENT: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the Anaheim City Council adjourned to Tuesday, March 29, 1977, at t0:00 a.m., for a joint meeting with the Public Utilities Board. MOTION CARRIED. Adjourned: 4:20 P.M. LINDA D. ROBERTS, CITY CLERK