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1977/06/287 7- 7 2 6 City Hall, Anaheim, California - COUNCIL MINUTES - June 28_, 1977, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley ASSISTANT CITY MANAGER: William T. Hopkins CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon Hoyt PUBLIC WORKS DIRECTOR: Thornton Piersall EXECUTIVE DIRECTOR: Norm Priest POLICE CHIEF: Harold Bastrup PARKS, RECREATION AND ARTS DIRECTOR: James Ruth STREETS & SANITATION SUPERINTENDENT: William Lewis ACCOUNTING OFFICER: Ron Leege ASSISTANT PERSONNEL DIRECTOR: David Hill ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE: Councilman William Kott led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION: The Mayor presented Mr. Leege, Accounting Officer, with a plaque from the Municipal Finance Officer's Association citing the City's excellence in financial reporting. Anaheim was amongst the 288 municipalities in the United States out of 2,231 whose annual financial reports were reviewed and selected for the award. Mr. Leege accepted on behalf of the City and the Finance Department. MINUTES: On motion by Councilman Roth, seconded by Councilman Thom, minutes of the Anaheim City Council regular meetings held April 19 and May 17, 1977 were approved subject to typographical corrections on the meeting of April 19, 1977. MOTION CARRIED. On motion by Councilman Thom, seconded by Councilman Roth, the May 10, 1977 minutes (page 77-540) were changed to correct a clerical error to accurately reflect the Planning Commission's recommendations relative to EIR No. 197. 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 ko the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $548,428.52, in accordance with the 1976-77 Budget, were approved. ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. 77-727 123: TLC VAN AGREEMENT AMENDMENT WITH ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL (CDC): City Manager, William Talley, explained that pursuant to the terms of the June 18, 1977 agreement with the CDC, an amendment was necessary to provide additional services in the form of maintenance and a driver for one of the vans in the amount of $1,500, which amount could not be met by the CDC, thus requiring the City to bear this expense. Discussion followed between Council and staff relative to the use of the vehicles, wherein Executive Director of Community Development, Norm Priest, explained priority use for the vehicles was 1) transportation to nutrition sites under the TLC program; 2) senior citizen's programs; and 3) other uses. The use did not have to be confined to the TLC program, but could be used for other senior citizen groups or other groups in off-hours with expenses to be borne accordingly. Councilman Roth commented that he had made a visit to the TLC site at the Salvation Army Headquarters and was very impressed with what he saw. He considered it to be one of the best uses of federal funds and wholeheartedly endorsed the program. ~rt~e Mayor stressed his concern over ancillary uses of the vans and emphasized he did not want the TLC program touched or infringed upon in any way. He wanted it clearly understood that program was a first priority. Councilwoman Kaywood offered Resolution No. 77R-452 for adoption, as recommended in memorandum dated June 22, ]977 from Executive Director, Norm Priest. Refer to Resolution Book. RESOLUTION NO. 77R-452: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~'I APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AGREEMENT WITH ORANGE COUNTY COMMUNITY DEVELOPMENT COI~CIL, INC. 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-452 duly passed and adopted. 153: CREATION OF NEW CLASS OF DATA CONTROL ANALYST: Councilman Kott questioned the City Manager relative to the MDS Program and the need for a supervisor, as requested in memorandum dated June 22, ].977 from the Personnel Department. He wanted to know to what extent additions would continue and how they affected the City's profits. Mr. Talley explained that the creation of Data Control Analyst as a new class was deemed necessary from a study made by the Personnel Department regarding duties and classifications of the City, and it was part of a continuing review by that Department over all jurisdictions under the City's pay plan. Personnel and AMEA determined that the duties included more than the present position title encompassed. Because it was a higher rate of pay, it would reduce the profit that the City was recovering from MDS. T~e objective of the MDS contract was to provide data 77-728 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. processing services to a number of cities in such a manner that the City could keep data processing costs at approximately $200,000 less, due to the shar- ing of a central processing unit, as opposed to owning the computer. The proposal was a minor decrease in the City's overall costs recovery, but the $200,000 goal was a realistic one. He was also advised by MDS that they were entirely satis- fied with the service provided by the City arid were looking to add new cities to the contract. They would also prefer that the City Council grant policy direction relative to a long range commitment. The Mayor stated he had no quarrel with the recommendation of the analyst at the salary schedule proposed, but did have a personal quarrel with the entire EDP system. Therefore, he could not support the proposal for that reason. He would never be satisfied until cost comparisons were obtained to confirm that the City could perform at less than the private sector. He apologized to the employee involved, but would not go along with any proposal involving Data Processing until that exercise was accomplished. Mr. Talley clarified that the information the Mayor previously requested was agreed to be provided in fiscal 1977-78. He also confirmed for Councilman Kott that there would be additional increases or employees in the program; however, with concurrent increases in the MDS contract to the City, the net effect being a reduction in Anaheim's expenses and not an increase. Councilman Roth offered Resolution No. 77R-453 for adoption, as recommended in memorandum dated June 22, 1977 from the Personnel Department. Refer to Resolution Book. RESOLUTION NO. 77R-453: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-680 AND ESTABLISHING THE NEW JOB CLASS OF DATA CONTROL ANALYST. (effective July 8, 1977) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None The Mayor declared Resolution No. 77R-453 duly passed and adopted. 153: ADJUSTMENT OF STREET CLEANING SUPERVISOR'S SALARY SCHEDULE: Councilman Kott asked how the study was initiated relative to the proposed salary adjustment schedule. Mr. Talley explained that the audit performed by Arthur Young & Company stipulated that the City review all classifications within a two-year period. As part of this continuing review, Personnel studied every job position in the City and in those instances where the duties and responsibilities were not equitably compensated, they were now making changes to provide for this compensation. Assistant Personnel Director Dave Hill stated that the Street Cleaning Supervisor position had not been reviewed for a number of years. He further explained that originally the position began as Supervisor of Motor Sweeper Operators but, as a result of growth, sewer and storm drain cleaning responsibilities had been assigned 77-729 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. to that functional area, along with additional yard equipment and attendant manpower. It had increased to the point where the street cleaning function at the Claudina Yard was as responsible as the street maintenance function at tbe Valley Yard. Councilman Seymour questioned if it would not be wiser to bring all such cases together at one time, rather than individually, since appropriate bargaining units would have to be sought in each case. He questioned why the matter had not become part of the bargaining function. Mr. Hill explained that essentially it had become part of the bargaining process, but the items presented were those the City and employee association believed to be in the best interest to implement now. Many had not been resolved and those would appear in the City's demands and also employee organization requests later in the Summer and into the Fall. The items being brought to the Council, in the opinion of the Personnel Department, should not wait for the Meet and Confer process. Councilman Thom offered Resolution No. 77R-454 for adoption, as recommended in memorandum dated June 22, 1977 from the Personnel Director. Refer to Resolution Book. RESOLUTION NO. 77R-454: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-734 AND ADJUSTING THE SALARY SCHEDULE OF THE STREET CLEANING SUPERVISOR. (effective June 24, 1977) 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-454 duly passed and adopted. 153: SALARY ADJUSTMENT FOR PARK EQUIPMENT SERVICE WORKER: Councilwoman Kaywood offered Resolution No. 77R-455 for adoption, as recommended in memorandum dated June 22, 1977, from the Personnel Director. Refer to Resolution Book. RESOLUTION NO. 77R-455: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-680 AND ESTABLISHING A NEW RATE OF PAY FOR PARK EQUIPMENT SERVICE WORKER. (effective July 8, 1977) 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-455 duly passed and adopted. 174.123: PARTICIPATION IN JUVENILE DIVERSION/TREATMENT PROGRAM WITH GARDEN GROVE AND STANTON: Councilman Seymour offered Resolution No. 77R-456 for adoption, as recommended in memorandum dated June 21, 1977, from the Chief of Police. Refer to Resolution iBook. 77-730 C~ity Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. RESOLUTION NO. 77R-456: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO AN AGREEMENT DATED MAY 25, 1976, WITH THE CITIES OF GARDEN GROVE AND STANTON RELATING TO PARTICIPATION IN A JUVENILE DIVERSION/TREATMENT PROGRAM; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (extending term to September 30, 1977) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COIYNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-456 duly passed and adopted. 123: INCREASING RATES AND EXTENDING TERMS WITH JAYCOX AND ANAHEIM DISPOSAL COMPANY: Mr. Thornton Piersall, Public Works Director, stated that after an audit by the Audit Division, he was making a recommendation to increase rates for collec- tion and disposal of garbage, rubbish and waste material, as outlined in his memoran- dums dated June 21, 1977, with both Jaycox and Anaheim Disposal Company, and extending the term of the present agreement with both contractors to June 30, 1982. Coupled with the Jaycox proposal was a recommendation (Item b) to create a differential in single- and multiple-family units served by bin service, reflective of an action tbe Council took some months prior, effective September 1, 1977. ~ Mr. Piersall further stated that, as with the previous contracts, the proposed amendments were fair and represented continued good service to the customers of the City of Anaheim. Mr. Piersall also explained that in concert with the foregoing recommendations, he was implementing in the program an increase in the commercial sanitation rates. This action reflected a substantial increase for commercial establishments to ensure equitable treatment with industrial customers who were being billed directly by contractors. The increase in commercial would generate revenue to offset the differential being recommended in the residential rates. Mr. Piersall explained for Councilman Seymour that the commercial rates, which were falling behind in terms of equity, were being set within fifty-cents or one dollar of industrial rates. Discussion followed between Councilman Seymour and staff wherein it was confirmed that the proposed recommendation put commercial and industrial customers on the par, and the benefactor would be the apartment units. Councilman Seymour offered Resolution No. 77R-457 through 77R-459, both inclusive, for adoption, as recommended in memorandums dated June 21, 1977, from the Director of Public Works. Refer to Resolution Book. RESOLUTION NO. 77R-457: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONTRACT FOR COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH AND WASTE MATERIAL BY THE CITY OF ANAHEIM AND WARREN W. JAYCOX. ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. 77-73] RESOLUTION NO. 77R-458: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONTRACT FOR COLLECTION AND DISPOSAL OF RUBBISH AND WASTE MATERIAL BY THE CITY OF ANAHEIM AND C. V. TAORMINA, DBA ANAHEIM DISPOSAL COMPANY, (now known as ANAHEIM DISPOSAL, INC., a California Corporation). RESOLUTION NO. 77R-459: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING SANITATION CHARGES. 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-457 through 77R-459, both inclusive duly passed and adopted. ' On motion by Councilman Roth, seconded by Councilwoman Kaywood, a policy of provid- ing differential rates between single- and multiple-family units, effective September 1, 1977, was approved. MOTION CARRIED. 123: HELTZER ENTERPRISES, AGREEMENT FOR CONSTRUCTION OF TRAFFIC SIGNALS, BAXTER STREET AND LA PALMA AVENUE (RECLASSIFICATION NO. 74-75-23): Councilman Kott offered Resolution No. 77R-460 for adoption, as recommended in memorandum dated June 21, 1977, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR REIMBURSEMENT OF TRAFFIC SIGNAL INSTALLATION COSTS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Heltzer Enterprises - Brookvale) 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-460 duly passed and adopted. 128 AND 152: INCREASE IN ADVANCE EXPENSE ACCOUNT: In answer to Councilman Kott, City Manager Talley explained that the intent of the account for advance expenses, last modified in April, 1968, was to prevent employees from having to advance their own funds for City costs. At the time, in-town conferences and meetings~were not included, so presently employees were spending their own money and, subsequently, requesting expense reimbursement. Also proposed to be included were Vice and Narcotics expense reimbursements and special purpose advance tuition payments. Currently, the $2,500 fund was being turned over every ten days. The proposal to increase the account to $5,000 was intended to cut the work involved in half~ Discussion followed between Council and staff wherein Councilman Kott voiced his opinion that the $2,500 limit was sufficient, and a hardship would not be created if an employee had to initially pay for modest within-City expenses and, subse- quently, be reimbursed accordingly. 77-732 City Hall, Anaheim~ California - COUNCIL MINUTES - J~na 28, 1977, 1:30 P.M._ Mr. Talley thereupon explained the reasons why he considered the proposal to be more cost effective. Councilman Roth offered Resolution No. 77R-461 for adoption as recommended in memorandum dated June 22, 1977 from the City Manager. Refer to Resolution Book. RESOLUTION NO. 77R-461: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A REVOLVING FUND AND AUTHORIZING THE ADVANCE THEREFROM OF FUNDS FOR EXPENSES FOR CITY PERSONNEL WHO ARE REQUIRED TO BE AWAY FROM THE CITY ON CITY BUSINESS OR TO ATTEND CONFERENCES, OR TO CONDUCT CITY BUSINESS WITHIN THE CITY; AND SUPERSEDING RESOLUTION NO. 68R-185. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-461 duly passed and adopted. 153: LANDSCAPE CLASSIFICATION STUDY: On motion by Councilwoman Kaywood, seconded by Councilman Roth, a copy of a letter to the AMEA from the Personnel Director dated June 20, 1977, implementing the landscape portion of the Classification Study, was ordered received and filed, as recommended in memorandum dated June 21, 1977 from the City Manager. MOTION CARRIED. Mr. Talley noted that the anticipated increased cost of the foregoing action would be $19,932 per year. 123: SELF-INSURANCE LIABILITY PROGRAM, CLAIMS, ADMINISTRATION AND SUPERVISION AGREEMENT: Councilman Kott offered Resolution No. 77R-462 for adoption as recom- mended in memorandum dated June 22, 1977 from the City Attorney. Refer to Resolu- tion Book. RESOLUTION NO. 77R-462: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH CARL WARREN & CO. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (term ending June 30, 1978) 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-462 duly passed and adopted. 152 AND 167: EFFECTIVE DATE FOR CITY COUNCIL POLICY NO. 214 - TRAFFIC SIGNAL COST SHARING POLICY: On motion by Councilman Seymour, seconded by Councilman Kott, the effective date of Council Policy No. 214, Traffic Signal Cost Sharing Policy, adopted by the Council on June 14, 1977 was made effective July 1, 1977, and all sums collected from developers from June 14, 1977 to present would be refunded accordingly as recommended in memorandum dated June 27, 1977 from the City Attorney. MOTION CARRIED. 77-733 City Hall., Anaheim, California - COUNCIL MINUTES - .June 28, 1977, 1:30 P.M. Mr. Hopkins confirmed for Councilwoman Kaywood that no projects submitted prior to the new policy would be affected by that policy. 105: APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES: Due to expiration of terms or vacancies, the City Council made the following appointments to the various City Commissions, Boards and Committees. PROJECT AREA COMMITTEE: On motion by Councilman Roth, seconded by Councilman Seymour, appointment of two members to the Project Area Committee expiring June 30, 1978 was continued one week for consideration of additional names. MOTION CARRIED. PLANNING COMMISSION: On motion by Councilman Roth, seconded by Councilman Kott, Mr. Paul King was reappointed to the Anaheim City Planning Commission for the ensuing term ending June 30, 1981o MOTION CARRIED. PARK AND RECREATION COMMISSION: Relative to the appointment of a representative from the City Council to the Park and Recreation Commission, City Attorney Hopkins stated that in connection with an inquiry, it was noted from previous records that a conflict existed between the Anaheim Municipal Code (Section 13.04.010) and the City Charter (Section 902). The Charter stated that members of the Council were considered to be paid officers of the City. Inasmuch as the appointment to the Park and Recreation Commission involved a paid officer, he recommended that particular section of the Code be eliminated and the section pertaining to ex-officio members be amended to add a member of the City Council. He stressed it was particularly important with respect to the Maddy Local Appointive List Act because it required the City Clerk to make a posting, and further recommended that it be corrected to avoid future problems. He also recommended that the Council direct his office to eliminate the three-year term limit as no term would be required for ex-officio members. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Attorney was directed to amend Section 13.04.010 of the Anaheim Municipal Code to eliminate the conflict with City Charter Section 902, and to reflect a Council Member as an ex-officio member, without vote, to the Park and Recreation Commission. Councilman Kott voted "No". MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Roth, Councilwoman Kaywood was reappointed ex-officio member to the Park and Recreation Commission, representing the City Council, for the term ending June 30, 1980, or coincidental to her term of office. MOTION CARRIED. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Mr. Hal Tolar was reappointed to the Park and Recreation Commission, representing the Planning Commis- sion, for the term ending June 30, 1980, or coincidental to his term. MOTION CARRIED. On motion by Councilman Thom, seconded by Councilwoman Kaywood, Jo Ann Barnett, representing the Anaheim Union High School District, was reappointedto the Park and Recreation Commission for the term ending June 30, 1980. MOTION CARRIED. LIBRARY BOARD: On motion by Councilman Thom, seconded by Councilwoman Kaywood, Mrs.. Jean McClain was appointed to the Library Board to fill the unexpired term of Amin David, ending June 30, 1978. MOTION CARRIED. 77-734 City Hall, Anaheim, (',alifornia - COUNCIL MINUTES - .June 28, 1977, 1:30 P.M. On motion by Councilman Thom, seconded by Councilman Seymour, Mrs. Elizabeth Schultz was reappointed to the Library Board for the ensuing term ending June 30, 1981. MOTION CARRIED. On motion by Councilman Roth, seconded by Councilwoman Kaywood, Mr. Earl Dahl was reappointed to the Library Board for the ensuing term ending June 30, 1981. MOTION CARRIED. COMMUNITY REDEVELOPMENT COMMISSION: Mayor Thom stated that since Manuel Mendez was a valuable asset to the City's Community Redevelopment Commission, as well as a professional architect and Mexican-American, he was interested in replacing Mr. Mendez, due to his resignation, with another Mexican-American, a professional engineer and a long time resident of Anaheim, Mr. Rudy Valenzuela. On motion by Councilman Thom, seconded by Councilwoman Kaywood, Rudy Valenzuela was appointed to the Community Redevelopment Commission to fill the unexpired term of Manuel Mendez, ending June 30, 1980. MOTION CARRIED. On motion by Councilman Thom, seconded by Councilwoman Kaywood, Mr. James Morris and Mr. Stewart Moss were reappointed to the Community Redevelopment Commission for the ensuing terms ending June 30, 1981. MOTION CARRIED. PUBLIC UTILITIES BOARD: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, Mr. Ken Keesee, Mr. Richard Haynie, and Mr. Dale Stanton were reappointed to the Public Utilities Board for the ensuing terms ending June 30, 1981. MOTION CARRIED. COMMUNITY SERVICES BOARD: On motion by Councilman Roth, seconded by Councilman Seymour, Mrs. Janice Billings was appointed to the Community Services Board to fill the unexpired term of Esther Unger, ending June 30, 1978. MOTION CARRIED. On motion by Councilman Seymour, seconded by Councilman Thom, Mr. Steve Jimenez was appointed to the Community Services Board to fill the unexpired term of Richard Vargas, ending June 30, 1979. MOTION CARRIED. On motion by Councilman Thom, seconded by Councilman Seymour, Mrs. Margaret Sullivan, Mr. Harry Bayley, and Mrs. Teresa Salas were reappointed to the Community Services Board for the ensuing terms ending June 30, 1981. MOTION CARRIED. RESIGNATION - COMMUNITY SERVICES BOARD: On motion by Councilwoman Kaywood, seconded by Councilman Roth, resignation of Angle Luna from the Community Services Board was accepted. MOTION CARRIED. ANAHEIM HOUSING COMMISSION: On motion by Councilman Seymour, seconded by Council- woman Kaywood, Mr. Edward Gardner was reappointed to the Housing Commission (tenant) for the term ending June 30, 1979, and Mrs. Stella Sandoval was reappointed to the Housing Commission for the term ending June 30, 1981. MOTION CARRIED. Relative to'the vacancy on the Housing Commission due to the appointment of Mr. Robert Linn to the Planning Commission, Councilman Seymour stated that one of the responsibilities in carrying out the Housing Program was going to necessitate the 77-735 C~ity Hall, Anaheim, California - CObqqCIL MINUTES - June 28, 1977, 1:30 P.M. rewriting of Building Codes as they were affected in the older neighborhoods. In essence, this would mean a liberalization of the Codes; while they would assure safety from hazards of fire and the like, they would not be as stringent as for new construction. Thus, when rehabilitating older neighborhoods, the necessity to tear down and build over would be precluded. He, therefore, recommended that Mr. Homer Wallace, previous Chief Building Inspector for the City being very knowledgeable pertinent to Building Codes, be appointed to the Housing Commission. The Mayor stated that while he did not disagree, he was going to recommend, in place of Mr. Linn, a person who was involved with the Elementary School District as a Principal, Mr. Robert Gasio. He personally wanted to have that type of representation on the Commission and considered it to be more critical than the thrust of Councilman Seymour's recommendation because of prior concerns expressed by Council. Also, because Mr. Gasio worked for the Anaheim City School District, no problem was anticipated relative to the time needed to devote to the Commission. Councilman Roth suggested that since it was the intent of the Council to solicit applications from the community, that the matter be continued for 10 days to await receipt of additional applications from which to chose. It was the Mayor's opinion that ample time had been given to consideration of appointees and he thereupon moved that Robert Gasio be appointed to the Housing Commission to fill the unexpired term of Mr. Robert Linn, for the term ending June 30, 1979. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 139: SB 1081 - LIQUIFIED NATURAL GAS: On motion by Councilman Seymour, seconded by Councilman Thom, support of SB 1081 was approved providing enabling legislation to set the location of a Liquified Natural Gas facility in the Oxnard area, pursuant to the requested report dated ,June 27, 1977 from the Intergovernmental Relations Office. Councilwoman Kaywood abstained. MOTION CARRIED. 156: AWARD OF WORK ORDER NO. 909, POLICE DEPARTMENT MICROWAVE RELAY COMMUNICATIONS TOWER: Councilman Thom offered Resolution No. 77R-463 for adoption awarding a con- tract in accordance with the recommendations of the City Engineer. Refer to Resolu- tion Book. RESOLUTION NO. 77R-463: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: MICROWAVE RELAY COMMUNICATIONS TOWER, IN THE CITY OF ANAHEIM, WORK ORDER NO. 909. (Motorola Communications and Electronics, Inc. - $155,855 - only bidder) 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-463 duly passed and adopted. 77-736 City Hall, Anaheim, California - COUNCIL MINUTES - .lune 28, 1977, 1:30 P.M. 160: PURCHASE OF EQUIPMENT, BID NO. 3249, RE-POWERING OF TWO FIRE PUMPERS: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the low bid of Carmenita Ford was accepted and purchase authorized in the amount of $19,348.80, including tax, as recommended by the Purchasing Agent in his memorandum dated June 20, 1977. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT, BID NO. 3260, STRUCTURAL STEEL FOR YORBA SUBSTATION: On motion by Councilwoman Kaywood, seconded by Councilman Thom, the low bid of Coast Iron and Steel Company was accepted and purchased authorized in the amount of $16,385.48, including tax, as recommended by the Purchasing Agent in his memo- randum dated .June 20, 1977. MOTION CARRIED. 148: ORANGE COUNTY HEALTH PLANNING COUNCIL: On motion by Councilman Thom, seconded by Councilman Seymour, reconfirmation of the appointment of William F. Daly as repre- sentative to the Assembly of Delegates to the Orange County Health Planning Council was approved. MOTION CARRIED. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, reconfirmation of Patricia Kenworthy as alternate representative to the Assembly of Delegates to the Orange County Health Planning Council was approved. MOTION CARRIED. 108: REQUEST FOR REFUND OF A PORTION OF BUSINESS LICENSE FEE, FANTASY STUDIOS: Request submitted by Fantasy Studios for a refund of a portion of business license fee paid for modeling studio establishment located at 1209 West Lincoln Avenue. Another communication dated June 23, 1977 was also received requesting refund of a portion of business license fee paid for public bath and massage establishment licenses. Mr. Gene Kloempken, Fantasy Studios, ]209 West Lincoln Avenue, referred to his letters of June 8 and 23, 1977 requesting a refund of a portion of business license fees paid for modeling, public bath and massage licenses. Although he was completely in unison with the Council and the City relative to the $25 regular business license fee, he considered the three fees on his establishment of $250, $100 and $300, re- spectively, to be non-applicable and unjustified because license fees were for the purpose of starting a business and nothing else. That was his reason for protesting the levying of such fees. On motion by Councilman Seymour, seconded by Councilman Roth, request of Fantasy Studios for refund of a portion of business license fees paid for model, public bath and massage licenses was denied. MOTION CARRIED. 108: ROOM TAX AUDIT, HOWARD WEEKLY CORPORATION AND VILLAGE INN INVESTORS: Request by Cecil Wright, to discuss room tax audit of Village Inn, 1911 East Center Street, Casa Cordova, 3360 West Lincoln Avenue, Casa Monterey, 2748 West Lincoln Avenue, and Casa Valencia, 2630 West Lincoln Avenue. Mr. Wright, 60 Pleasant Street, Orange, requested a 30-day continuance of the matter wherein he would use that time to work with staff in connection with problems he saw in the assessment and, as well, requested a waiver of the fee for the continuance, if any, in view of the large amount of assessment the City was requesting. 77-737 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. In answer to Councilman Kott, Miss Santalahti explained that the zoning for the four parcels of land involved was commercial which would not permit residential development. Mr. Bill Erickson, 301 East North Street, spoke as a friend of the Council but wished to elaborate on the injustice of the Bed Tax penalty as he viewed it. He explained that since a wholesale change in the City administration had been en- countered, neither the City Attorney, City Manager or a member of the present Council was responsible for the original inception of the tax. He maintained that a miscarriage of justice had been created inasmuch as no other entity in Anaheim had been encumbered with the same tax. Records also indicated that tremendous amount of monies were collected yearly and were an important factor in the City's Fiscal Budget. Mr. Erickson then briefed the Council on monies collected and penalties assessed from 1972 through 1976 as well as other facts relative to the Bed Tax. In conclusion, Mr. Erickson stated although he was not speaking for any organization nor did he know the principles involved in the subject matter, he was asking for proper deliberation on the fairness of whatever the Council's decision would be. He also implored the Council to investigate the possibilities of a fair and just evaluation of the present Bed Tax penalty with a subsequent correction of the situation. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the request of Cecil Wright to discuss Room Tax Audit of the Village Inn, Casa Cordova, Casa Monterey and Casa Valencia was continued to July 26, 1977, subject to a $25 continuance fee. MOTION CARRIED. 105 AND 175: PUBLIC UTILITIES BOARD: Recommendations regarding revisions of retail electric and water rates. As Secretary of the Public Utilities Board, Utilities Director Gordon Hoyt, briefed the Council on his extensive report dated June 27, 1977 with attachments, Exbibit Nos. 1 through 8 (on file in the City Clerk's Office) and outlined the three alterna- tives proposed: (1) Case III-A (Exhibit 1) Rate Program recommended by the Public Utilities Board (PUB) -- 7 percent electric rate increase, suspension of monthly cash transfer from the Electric Utility to the General Fund for Fiscal 1977-78, suspension of monthly cash transfer in 1977-78 from the Water Utility. (2) Case VI (Exhibit 2) Rate program recommended to the Board by Mr. Joseph White -- 9 percent electric rate increase, suspension of monthly cash transfer from the Electric to the General Fund for Fiscal 1977-78. (3) Case III (Exhibit 3) Rate program recom- mended to the Board by the Utilities Director -- 6.7 percent electric rate increase on July 1, 1977 with the need for additional increases August 1 and November 1, 1977, including transfers to the General Fund from the Electric Utility commencing March 1, 1978 and an automatic fuel cost adjustment (FCA) to adjust rates automatically every month according to how much the Southern California Edison Company missed its estimate of the FCA factor that month. Discussion followed relative to questions posed by Councilwoman Kaywood in which Mr. Hoyt explained the ramifications of the three proposals on the amount of revenue each would produce and emphasized that in every case, additional increases would have to be imposed during the year in order to achieve the revenues necessary 77-738 C~ty Hall, Anaheim, California - COUNCIL MINUTES - J~ne 28, 1977~ 1:30 P.M. to balance the Budget. Mr. Hoyt proceeded to explain the simple Fuel Cost Adjustmen! modification factor (Exhibit 8) and the program around which it was designed in order to establish a balanced account with a range of between $200,000 and $700,000. As long as the amount remained within that range relative to Edison's monthly estimate, the retail rate could be held the same and no adjustment would have to be made. The Utilities Department was not trying to excise more money from customers than budgeted, but it was a device being used to keep the cost of electricity equalized to that on which the Budget was based. It could be brought back to Council periodically, but the only problem was time lag. It was Councilman Seymour's opinion that the proposal would implement automatic increases with no deliberation and n~ one would be held responsible or accountable for such action. Councilman Kott thereupon posed several questions relative to the delay proposed in transfers to the General Fund as well as inequities in the rates charged between small commercial users, residential users and industrial users. Mr. Hoyt first explained that sufficient cash would not be available to make transfers to the General Fund until approximately March of 1978 since a cash flow problem would exist until a month or so after the increase would take effect in November, but would improve greatly by the end of the fiscal year. Mr. Talley expressed concern tbat under this proposal, if anything came up toward the.._ end of the year and the electric utility could not provide the entire amount, then the unappropriated reserve would have to be used. If another drought was experience~ or an increase in assessed value or sales tax activity was not realized, those three major revenue sources would be affected. Relative to the inequities in rates as expressed by Councilman Kott, Mr. Hoyt personally agreed and explained that was the thrust of Mr. White's proposal as opposed to across- the-board increases. He then explained what would occur to the rate of return to the Utility Department's proposal and stated that if they were able to reduce increases in any area, they would recommend this reduction for commercial customers in approxi- mately November; however, that would still be following Southern California Edison's rates and the rate regulation policy of the Public Utilities Commission (PUC). The small commercials under the PUC rate formula would end up by paying more than their fair share of rate of return. He wanted that reduced and when they had the oppor- tunity to reduce rates last December, the reduction occurred in the small commercial and residential because those were the areas where relief was needed. Councilman Kott questioned the City Attorney relative to the frequent reference to the cost of Edison wherever appropriate. He wanted to know the City Attorney's opinion regarding the Charter Amendment wherein the cost of service was mentioned relative to electric rates. Mr. Hopkins indicated that further study would have to be made to ascertain to what extent it would apply. 77-739 ~ity Hall., Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. RESOLUTION: Councilman Seymour offered a resolution adopting Case III-A without any automatic increase and with transfers to the General Fund to commence the last quarter of the calendar year (October 1977). Before a vote was taken, Utilities Director Hoyt stated that under the recommended rate proposal (Case III-A), 'the department would not be able to pay their bills and additional rate increases would be necessary--23.3 percent more revenue was needed to support the Budget and his proposal (Case III) was the first step along the way. He also clarified for Councilman Seymour that the Department's recommendation re- flected no difference in rates from Edison's, while the Board's recommendation in the residential class was 5 percent under Edison, small commercial 1 or 2 percent, and the large commercial/small industrial was 2 percent over Edison rates, down to equal~of those rates. The very large industrials were slightly less than Edison. He conceded, however, that the Department could live with any one of the three recom- mendations proposed as long as it was recognized that additional rate increases would be periodically instituted. The additional increases, clarified by Mr. Hoyt for Councilman Seymour, were dependent upon what the PUC would do, whatever would transpire on negotiations on the price squeeze, and a possible refund from Edison. Mr. Joseph White, 809 West Broadway, conceded that relative to transfers to the General Fund, it would be irresponsible to ignore what was going to be approved in the Budget later in the meeting. If monies were to be transferred, then it would be more prudent to transfer $200,000 a month and not wait 3 or 4 months when it would be more difficult to do so. However, one point with which he was not satisfied relative to transfers to the General Fund, rather than cutting taxes, he preferred to have them remain the same and instead keep utility rates down since these could be taken as a tax deduction. Mr. White then compared the vote on Proposition A with that of Measure E passed on November 2, 1976, setting rates which went into effect the first of the year. In his opinion, this measure was being ignored as if it never passed. He then read aloud excerpts from the Amendment to the Charter (Article XII -- Section 1221) emphasizing its simple-to-understand language and the mandate it gave to the Council relative to the establishment of utility rates. It was clear that the Charter stated everyone was to pay a fair share and, therefore, that was the way it should be. Thus, his proposal was the only way to proceed. He reiterated, however, that transfer of funds be voted into the Budget. His proposal should be leveled out to make certain that rate of return and cost of service was correct. Although it needed more study, he considered it to be a step in the right direction. He also recommended eliminating tbe old policy of going by Edison; either the City should run the business or get out of it. The Mayor then questioned Mr.. Hoyt and Mr. White as to whether the proposed rate based on cost of service included a $2,565,000 transfer to the General Fund. Discussion followed between Mr. Hoyt and the Mayor wherein Mr. Hoyt explained that sufficient money was not going to be realized from any of the proposals to carry the Budget; however, they were all in strict accordance with the Charter and any one of them by the end of the fiscal year with subsequent changes could end up with equalization of rate of return from the various classes. 77-740 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. Mr. %~ite interjected that what Mr. Hoyt meant by subsequent changes were rate increases throughout the year. Further Council discussion with Mr. %~ite revolved around the consequences of his proposal, at the conclusion of which, the Mayor stated he favored Mr. ~]ite's recommendation because of its attempt to correct inequities rather than across-the- board increases. He disagreed in a philosophical sense with the inclusion of a transfer to the General Fund of $2,565,000 as be considered this to be levying of a tax through the rate structure and at some point he wanted to see that amount split off and called a tax so the taxpayer could take it as a deduction. Relative to Measure E t~ which she wrote the opposing argument, Councilwoman Kaywood maintained the impacts of such a measure should have been known before it was placed on the ballot because it was of such a comp]ex nat,re, and at the time, the cost was unknown. She questioned Mr. Hoyt as to whether or not the exact cost of service had yet been ascertained. Mr. Hoyt stated that the Marshall and Stevens Study was scheduled to be completed this month at which time a number would be available that would represent their ~nvestment. At the request of Councilman Roth, Mr. John Flocken, 1320 Hacienda, President of the Chamber of Commerce, explained that the Chamber's position supported the actions of the Public Utilities Board in their reco~nendation that Plan III-A be instituted at 7 percent across-the-board. Speaking for the commercial/industrial users, 75 percent of all electricity went to that segment and if it were not for that consumption, the utility would not be in such a favorable position. Up until two years ago, the commercial/industrial users were approached by Edison and the Gas Company to sell gas and electricity to them and better rates were offered to bring about an increase in their consumption. That fact fostered the favored rate schedule and the business community could not be held responsible for any inequities that anyone felt existed within the structure of those rates. Speaking for himself, Mr. Flocken strongly supported the idea of the transfer of funds being called a tax which he considered to be a benefit to all. Homeowners could deduct their bills from their Federal Income Tax and businessmen could deduct them as a cost of doing business. Councilman Kott stated that although he respected Mr. Flocken's opinions, and while the industrial community was a valuable and necessary asset to Anaheim, be felt that more of anything that was used in a subsidized fashion, the more expensive it would be to those who carried it. He was of the opinion that the industrial community should at least pay for the cost of energy rather than making a profit. Mr. Flocken concluded that relative to conservation, while water, electricity, gaso- line and natural gas should be conserved, the capital of the country and the taxpayers' money should also be conserved both at the local, county, state and national level as~ this too was a resource. 77-741 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARTION - ELECTRICAL RATES: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council finds that this activity will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report, as recommended by the Planning Department. Councilman Kott voted "No". MOTION CARRIED. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - WATER RATES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council finds that this activity will have no significant effect on the environment and is exempt from the requirement to prepare an environmental impact report, as recommended by the Planning Department. MOTION CARRIED. RESOLUTION: Councilman Thom offered an alternate resolution recommending the adoption of Case VI, Mr. White's proposal, relative to electrical rates. The resolution failed to carry by the following vote: AYES: NOES: COUNCIL MEMBERS: Kott and Thom COUNCIL MEMBERS: Kaywood, Seymour and Roth A vote was then taken on the resolution previously proposed by Councilman Seymour adopting Case III-A with amendments as articulated. Refer to Resolution Book. RESOLUTION NO. 77R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 71R-478 AND AMENDED BY CITY COUNCIL RESOLUTION NOS. 73R-25, 73R-373, 73R-531, 74R-75, 74R-630, 75R-243, 75R-344, 75R-345, 76R-41, 76R-377, 76R-528 AND 76R-817. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour and Roth Kott and Thom None The Mayor declared Resolution No. 77R~464 duly passed and adopted. Councilman Thom offered Resolution No. 77R-465 for adoption reaffirming existing water rates. Refer to Resolution Book. RESOLUTION NO. 77R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REAFFIRMING THE EXISTING WATER RATES. 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-465 duly passed and adopted. 77-742 City Hall, Anaheim, California - COUNCIL MINUTES - .June 28, 1977, 1:30 P.M. RECESS: By general consent, the City Council recessed for five minutes. (3:55 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present with the exception of Councilman Kott. (4:00 P.M.) CONTINUED PUBLIC HEARING - VARIANCE NO. 2930: Application by Ray and Estelle Spehar and Marcia Ann Halligan, to construct a commercial shopping center on CL(SC) and RM-1200(SC) zoned property located northeast of the intersection of Imperial Highway and La Palma Avenue, with code waivers of: a) minimum structural setback b) minimum landscaping The City Planning Commission, pursuant to Resolution No. PC77-99 reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 4, 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 and, further, recom- mended that Variance No. 2930 be denied. The action of the City Planning Commission was appealed by the Applicant and a public hearing scheduled for .June 7, 1977; public hearing continued from June 7, 1977 at the Applicant's request and a request to withdraw the appeal was filed by the Agent on June 23, ]_977. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 4, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Kott Temporarily absent. MOTION CARRIED. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, withdrawal of appeal on Variance No. 2930 by the Applicant was approved and the action of the Planning Commission sustained. Councilman Kott temporarily absent. MOTION CARRIED. Councilman Kott returned to the Council Chamber. (4:02 P.M.) PUBLIC HEARING - ABANDONMENT NO. 76-18A: In accordance with application filed by Mr. and Mrs. Richard C. Maertz, public hearing was held on proposed abandonment of a portion of an existing public utility easement to permit a swimming pool to be constructed at 2428 South Redwood Street, pursuant to Resolution No. 77R-410, duly published in the Anaheim Bulletin and notices posted in accordance with law. Report of the City Engineer dated May 27, 1977 was submitted, recommending approval of the proposed abandonment unconditionally. Mayor Thom asked if anyone wished to address the Council; there being no response, he declared the public hearig closed. 77-743 C__i..t7 Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 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. MOTION CARRIED. Councilman Seymour offered Resolution No. 77R-466 for adoption approving Abandonment No. 76-18A as recommended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PUBLIC SERVICE EASEMENT. (Public Utility Easement 76-18A - 2428 South Redwood Street) 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-466 duly passed and adopted. CONTINUED PUBLIC HEARING - 1977-78 PROPOSED GENERAL REVENUE SHARING BUDGET: (con- tinued from June 14 and 21, 1977) The Mayor asked if anyone wished to speak relative to the proposed General Revenue Sharing Budget. Ms. Irma Rodriquez, Chairperson, Orange County Human Relations Commission (HRC), 211 West Santa Ana Boulevard, Santa Ana, submitted to Council and read aloud a communication dated June 28, 1977 (on file in the City Clerk's Office), the main thrust of which alleged certain deficiencies in the City's Affirmative Action Program relative to the recruitment of females and minorities. It was also stated that Anaheim recently received correspondence dated June 6, 1977 from HUD pointing out areas of non-compliance in the City's Affirmative Action Program as well as the possibility that the City might face similar compliance reviews from other Federal funding agencies which provided Anaheim with revenues totaling approximately $9 million. In answer to Mr. Talley's statement that the letter from HUD was one of thousands sent out annually on Grant Applications, Mr. James Sanchez, Executive Director for HRC, emphasized that the communication had more import than a normal request, especially in the area of Affirmative Action. The point was to make the City Council aware of the City's standing and that Affirmative Action and equal employ- ment opportunities did not exist fully in Anaheim and much needed to be done to work toward implementation. Further discussion followed, wherein both Ms. Rodriquez and Mr. Sanchez clarified questions posed by Councilman Kott relative to the matter with regard to qualified candidates and the procedures and practices which they (HRC) considered to be the most essential element to Affirmative Action. City Manager Talley, in answer to Councilman Kott, explained that in recent meetings with department heads, an enhanced capability in Affirmative Action was recommended, but the continuing problem revolved around the fact that when the labor force started 77-744 City Hall~ Anaheim, California - COUNCIL MINI'/I'I.].~ .- June 28, 1977, l:3f) l'.~l. out unbalanced, promotional opportunities had to be ~:onsidered thus making it difficult to reach outside. It was an issue which must be addressed an~l overall efforts would be increased. The letter submitted to the Council in answ(~r to the referenced June 6, 1977 letter was in connection with the Community Develop- ment Block Grant Program and Mr. Talley had no doubt that they intended to comply. He expected that HUD would continue to monitor the City's program, but to indicate that was anything but common when Federal funds were involved, would be leaving an incorrect impresssion. He also emphasized that his office was not contacted relative to the matter wherein he would have provided information regarding the exten(ted hiring freeze that had taken place in the City, as well as an understandin..~. ,~f the financial problems under which the City was laboring. At the conclusion of ft~rther discussion between Co~cil, staff and the rep~'esentatives of HRC, the Mayor stressed that he did not want Federal funds held up because of non-compliance. Relative to Councilwoman Kaywood's reference to the Budget message wherein it was pointed out that recruitment of an Affirmative Action Assistant was scheduled to begin shortly, the Mayor maintain~d the key was to have a competent and skilled recruiter, skilled in the recruitment of women and minorities. In the absence of any other Council comment to the contrary, Mr. Talley accepted the Mayor's emphasis on recruiting as Council Policy; that would also be the admin- istration's policy on recruiting efforts. The entire program had to be enforced all the way through to the final hire of the qualified female or minority applicant. There being no further persons who wished to speak, the Mayor closed the public hearing. On motion by Councilman Seymour, seconded by Councilman Thom, the 1977-78 Proposed General Revenue Sharing Budget was approved. MOTION UNANIMOUSLY CARRIED. CONTINUED PUBLIC HEARING - 1977-78 PROPOSED RESOURCE ALLOCATION PLAN (BUDGET): (continued from June 7, 14 and 21, 1977) The Mayor asked if anyone wished to be heard relative to the proposed Budget. The City Clerk read into the record a letter dated Jnne 27, 1977 from Mr. Jim Townsend, Chairman of the Telephone Taxpayers Committee, at the request of Mr. Townsend, the essence of which supported the proposed "pay-as-you-go" type of financing for construction of a new City Hall and further urged the Council to adopt the same methods when considering future capital improvements. Two additional statements dated June 28, 1977 (on file in the City Clerk's Office) were read aloud by Mary Dinndorf, 131 La Paz Street, Member of COAL, and Pat Kenworthy, 824 Ken Way, League of Women Voters. The COAL statement urged the Council to maintain the City's current tax rate of 95 cents per $100 of assessed evaluation in order not to deprive its citizens of needed services, as well as capital improvements, and listed four of the main reasons which were instrumental in COAL's recommendation. The League's statement addressed itself to property taxes wherein, following a two year study, they adopted at convention the position that: "The League of Women Voters of California supports an equitable, broad-based local property tax, easy and economical to administer, producing adequate revenue, with limitations on the types of services it finances." City Hall, Anaheim, Cal£fornia - COUNCIL MINUTES - .June 28, ~977, 1:30 P.M. 77-745 Mrs. Eleanor Bay, 2148 West Grayson, explained that she had served on the Citizen's Capital Improvement Committee (CCIC) and when they first met in May, 1976, were charged with investigating the needs of the City of Anaheim, establish- ing priorities and finding financing for them. However, the City had no money for such things. Speaking for the Public Works Subcommittee for the now dissolved CCIC, she stated the need for capital improvements in that department alone were appalling and every year's delay brought about added increases in cost. She then cited the minuscule decrease in her tax bill last year brought about by a lO-cent cut and pointed out that the proposed 8-cent cut would save 53 cents a month. She did not want to lose one service or one improvement for such a small decrease and urged approval of the proposed 1977-78 Budget as submitted. Mrs. Jan Hall, 545 Tumbleweed Road, stated that the small homeowner and taxpayer were not in favor of any more tax cuts if such cuts meant a decrease in services. She had been before the Council several times relative to the need for services in the Canyon, but was told no money was available to provide needed public works, traffic lights, police protection or the like. The Cost/Benefit Study in the Canyon area showed that the Canyon was penalized the greatest in the tax cut instituted in 1976-77. There were 3,000 more residents in the area this year with an additional 3,000 expected during the coming year. She was concerned over the preparedness of the City to serve those people just as residents in the downtown area and stressed that the time had come to face the responsibility of providing services equally for all taxpayers, since a tax cut would not accomplish that goal. After further elaboration on some of the problems experienced in the Canyon due to the lack of equal services, she urged the Council to accept the Budget as pre- sented and stop proposing additional tax cuts that would shortchange the residential taxpayer. Mr. Joe White, 809 West Broadway, referring to Mr. Townsend's letter previously read by the City Clerk, stated that he had opposed Mr. Townsend three times since 1961 relative to a City Hall; Mr. White being for, and Mr. Townsend against. Al- though he (White) had criticized the design of a City Hall, if Mr. Townsend was now ready to accept the building of a City Hall under any conditions, Mr. White stressed that ground should be broken and construction begun immediately before Mr. Townsend changed his mind. The Mayor asked if any other members of the public wished to speak; there being no response, he closed the public hearing. Councilman Seymour, responding to Mrs. Dinndorf, Bay, and Hall, stated that since 1974 the Council had provided two branch libraries, as well as parks, and park land was continuing to be developed in the Santa Ana Canyon. Relative to a library in the Canyon area, one would be constructed as soon as the population justified such construction, which was expected to occur within three to four years. Relative to capital improvements and $40 million in storm drains which Mrs. Bay indicated needed to be expended, this undertaking should not be expected to come from General Tax Revenue, but such projects were normally constructed with bonding or some type of Federal Grant. The General Fund or property taxes had not been used for those purposes in the past. 77-746 City Hall, Anaheim, California - COUNCIL MINUTES - ,lune 28, 1977, 1:30 P.M. Relative to reduction in services, Councilman St)ymour explained that what he suggested would not bring about any reduction in services. To clarify bis point, he asked Police Chief Bastrup if there was anything in the Budget that would correct the Police response time to a satisfactory rate in the Canyon. Police Chief Harold Bastrup first stated that emergency responses in the Canyon were made within three or four minutes while other types could take as mut'h as an hour. He confirmed, however, that there was nothing in the proposed Budget that would improve the situation relative to the amount of money he was proposing to spend in the 1977-78 Budget. Councilman Seymour continued that the type of Budget cuts he was recommending had no effect on lowering of services in staff. He reminded Mrs. Hall that each time traffic lights were requested in the Canyon, none had been denied by the Council. Relative to parkway and street maintenance, Thornton Piersall, Public Works Director, at the request of Councilman Seymour, explained that in the proposed Budget, he had readjusted a position and added a new sweeper which would bring about better sweeping service in the Canyon area. Councilman Seymour was adamant in the fact that he was not convinced that the average citizen did not want his property tax cut and pointed to the outcry which followed Budget approval last year, leading to a ]O-cent rate reduction after the Budget was adopted. He also took issue with the idea espoused by Mr. White, Mrs. Hall and the Mayor earlier that if a utility rate tax was created, it could be taken as a tax deduction. He stated that such an assumption was incorrect and invalid since only businesses were able to do so, not the personal property taxpayer. He agreed that utility rates and property taxes should be separated and that was the intent when he proposed Ballot Measure E. He maintained that if the Council had the courage to trim the proposed budget, they could achieve a significant property tax reduction. He reiterated his previously proposed concept whereby no more property tax dollars would be taken this year than last and, further, that the Council consider a policy in the future that those tax dollars only be allowed to be increased based upon the cost of living index, as well as population growth within the City. To achieve the initial objective of taking no more tax dollars, he referred to the submitted list which he requested of the City Manager, "Suggested Property Tax Reduction Areas." There were certain significant items, however, which he felt should remain in the Budget. Councilman Seymour had already ascertained in his analysis that 3 out of 4 of the items mentioned by Mrs. Dinndorf should not be eliminated. The items he did not want to be reduced were as follows: (1) miscellaneous police capital equip- ment; (2) Fire Department overtime; (3) Police Department capital equipment; (4) electrical inspection/construction inspection; (5) employee benefits services program; (6) employee relations program; (7) library film account and (8) Brookhurst Community Building equipment. He also recommended eliminating the City newsletter in order to be able to enjoy other things in the Budget which, in his opinion, seemed to be critical. Also, if for some reason the increase in the assessed valuation should be 5 percent instead of the predicted possibile 16 percent, then the applicable tax rate would be applied. If 16 percent, however, the tax rate would be 85 cents if his motion carried. If it was a 20 percent increase, then he suggested an even further re- duction. ~ity Hall, Anaheim~ California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. 77-747 MOTION: Councilman Seymour moved to approve the proposed 1977-78 Budget eliminating those items as suggested in the list he requested from the City Manager, excluding the seven foregoing items. Before any action was taken on the motion, Councilwoman Kaywood contended that the City needed more funds to operate with, not the expedient political move of cutting taxes, and emphasized that the present 95-cent rate was fourth lowest in the County. She then stated some figures she worked out on what the proposed reduction would amount to relative to a $40,000 to $100,000 home. On a $40,000 home, the 93-cent tax rate as proposed in the Budget would save a total of only 14 cents a month, and on an 85-cent rate as proposed by Councilman Seymour, 69 cents a month. These pennies, however, amounted to very big dollars for businessme~ but nothing that made sense when talking about homeowners, many of whom were on a fixed or low income. She explained that all year long she heard the concern over police protection not being provided in the City and the cost to restore six additional officers was approximately $137,800. Mr. Talley interjected that this amount would be for six additional patrol officers the Police Chief could use in high crime rate areas working as a team, including necessary equipment. Councilwoman Kaywood stressed that prevention would be wiser and cheaper than the subsequent cure and she con- sidered this to be a very valid item to restore in the Budget. Relative to Affirmative Action and the testimony previously given that the City could stand to lose $9 million, Councilwoman Kaywood stated, in her opinion, the $25,000 directed toward this program was a very vital expenditure. Councilwoman Kaywood then verbalized her additional concerns: (1) conversion of street lights to mercury vapor, an item eliminated from last year's budget; cost would have been $50,000, this year $52,100 for a fewer number of conversions. Also, a savings of 25 percent in wattage per unit could be realized, thus saving more energy. Therefore, in reality the cut was more expensive. The longer items were deferred and postponed, the higher the costs. (2) Reserves--it appeared the City had an approximate one-month reserve. If so, what effect would that have relative to the City's bond rating and, as well, if no transfers were made from Utilities to the General Fund for a half-year, what effect would that have on the interest rate charged the City? (3) An allocation of $100,000 for the Economic Development Program would be inconsistent with reducing expenses and services, as industry looks for amenities. (4) Concern over department heads and their employees because of the work load as a result of the hiring freeze. (5) Concern over employees who work in the City Hall building because of the unsafe working conditions borne out by two structural analyses. (6) The effect a lower property tax rate would have on the City's Revenue Sharing Program. (7) Credibility of the City applyJ_ng for grants considering its low unemployment figures. A cut in the tax rate inferred the City did not need the funds. Thus, she was concerned over the resultant effect this might have since the City benefitted greatly from these funds in the past year,especially in the Parks and Recreat!on Program. 77-748 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. (8) Resultant effect of a tax cut on the tax increment for redevelopment. (9) There was no contingency for emergencies. (10) Fire fighters were reduced by three positions, yet one fire station was added, along with an expensive paramedics program. (11) Preventive street maintenance was not b~,ing performed at an acceptable level; no longer performing preventive maintenance [t~ utilities. Councilwoman Kaywood also stated that she would be in favor of four issues of the newsletter during the year as a communication device between the City and the citizenry, not as a political expediency, and with all five Council Members in accord on the format and content. In concluding, Councilwoman Kaywood agreed with Councilman Seymour that the City had a fine record and one of which they could be proud. She wanted to see it continue as a number-one City, and not relegated to second-class status. Councilman Roth stated that, in general, he supported the Budget as proposed at the 93 cent tax rate. He felt, however, that the 16 percent increase in assessed valuation might be low and the City should adjust accordingly. Although he was a strong supporter in reduction in property taxes, he was accepting the Budget as proposed for two reasons: (1) a City Hall was badly needed and had to be built on the proposed pay-as-you-go basis; (2) relative to the long discussion on utilities and attendant costs, there was too much uncertainty regarding additional transfers of Utility funds to the General Fund. Thus, he did not want to regress and put the City in a bind, financially. Councilman Roth concluded that the average homeowner in the City of Anaheim was gleaning a great amount of services and value for a nominal expenditure in property taxes although they perhaps were not aware that only approximately 10 percent of those taxes were actually going to the City. He reiterated his support of the proposed Budget at the 93-cent tax rate. Councilman Kott concurred with Councilwoman Kaywood and Councilman Roth and con- sidered the Budget to be a good program. The only item pending, however, was the finalization of the Visitor and Convention Bureau (V & C) Budget, and he wanted that portion continued for a week or more since another meeting was scheduled with the V & C for Tuesday, July 5, 1977 to discuss and confirm their needs. He stated that the 93-cent tax rate was most acceptable and considered it to be realistic. Mayor Thom was highly supportive of the proposed Budget at the 93-cent tax rate. He stated he was proud of the track record established since 1974 and the "belt tightening" procedure instituted in the past two years which, in his opinion, had been extremely beneficial and a desperately needed exercise for the City to have experienced; i.e., the position freeze on new hires and the tax reduction last year. He had supported those moves vigorously and if he had to go through the same pro- cedures again at the same points in time, he would support them in the same way. Although he would like to see a reduction in property taxes again, he did not feel that such a reduction would be significant or meaningful to the average Anaheim citizen. 77-749 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. Relative to positions for the coming fiscal year, they were not increasing significantly although he felt there should be upward movement because posi- tions were needed to upgrade service in areas where complaints had been re- ceived, particularly in law enforcement although there were other areas. He conceded, however, that even if service was quadrupled, the City would perhaps still get complaints. Relative to the new Management by Objectives (MBO) Program for the coming year, he viewed the Budget document as a step in that direction. Although he did not completely endorse the document itself, the administration needed it as a step to install an MBO goal in the City. He was viewing it in the light of waiting to see how the Resource Allocation Plan correlated with the MBO objective in order to bring about more efficiency. He reiterated his support of the Budget as proposed with the verbalized and articulated corrections in the Budget message. He agreed with Councilman Kott relative to the V & C allocation in postponing that portion until there was an opportunity to discuss their defined program with them. Tbe Mayor stated that since there was no second to Councilman Seymour's motion to adopt the proposed Budget eliminating those items furnished in the list he requested of the City Manager reducing the property tax rate, a new motion was necessary. Councilman Roth thereupon moved to adopt the 1977-78 Resource Allocation Plan as proposed, with a 93-cent tax rate. Councilman Kott seconded the motion. Before a vote was taken, it was confirmed that the V & C Budget allocation could be set at a later date. City Manager Talley indicated there were a number of actions the Council should take in connection with adoption of the Budget and referred first to the list of Summary of Changes to the Resource Allocation Plan (on file in the City Clerk's Office) additional copies of which he provided to the Council in order to be certain the list included the actions the Council wanted to include. The final actions would then be to authorize or ratify actions previously taken on current salaries which extended some departments over their budget as well as allowing a transfer of $200,000 to make liability insurance payments. He asked that the items on the list as follows be included in the motion made by Councilman Roth: PROGRAM NAME Community Promotion (Funds to be set aside but no document provided covering disbursement until finalized with V & C.) DOLLAR CHANGE $18,622 Intergovernmental Relations $14,017 Public Information (4 issues of newsletter or similar document) $25,000 Legal Administration $24,500 Elections/Annexations ($54 ,ll5) 77-750 _City Hall, Anaheim, California -COUNCII. MINUTES - June 28, 1977, 1:30 P.M. PROGRAM NAME City Treasury Mail & Delivery Services Building Processing & Regulation Construction Inspection Library Administration Canyon Brancb Library Construction Traffic Safety - Enforcement, Inspection, Regulation ($28,000 for crossing guards, which was the only new DOLLAR CHANGE $95,000 $ 5,000 $28,992 $23,321 $25,000 $10,000 Microwave Relay Tower Community Services Street Cleaning Solid Waste Disposal Stadium Maintenance Miller Golf Driving Range 1963 Municipal Improvement "B" Information System Processing Utility Dispatching Redevelopment Housing Assistance TOTAL item on the list, and $3,000 for portable truck scales)S31,000 $115,855 $20,000 $22,774 $1Ol,8OO $70,000 $40,000 $415 $2,500 $11,961 $21,100 $12,600 $705,342 A vote was taken on the foregoing motion which included the items delineated above at a 93-cent tax rate and carried by the following vote. AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Seymour MOTION CARRIED. 77-751 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. Mr. Talley stated that included in revenues was an approximate 21 percent increase in electric light and power rates. However, Council prerogative during the year would determine whether or not those rates would be in effect. No water rate sales were included although there was a 10 percent increase in the preliminary budget which would be adjusted back to no rate increase. Mr. Talley pointed out that on golf green fees, there was an approximate 12.5 percent increase. Although no resolution would be presented, he wanted the Council to be aware that revenues also included that amount. Approved earlier in the meeting were residential and commercial sanitation rates. Also for clarifi- cation purposes, Mr. Talley explained that the Budget also included new agreements between the City and the Redevelopment Agency and Housing Authority for full re- covery of costs, which revenues were in the Budget, and resolutions would be presented at a later date. Mr. Talley then prefaced the proposal of five resolutions with correlating statements for informational purposes. Resolution 1, 2 and 3, each proposed the establishment of new job classifications. He noted the Intergovernmental Relations Coordinator was a title change only, to Intergovernmental Relations Manager which was more descriptive of the position, and Affirmative Action Coordinator title to Affirmative Action Outreach Recruiter. Councilman Roth offered Resolution Nos. 77R-467 through 77R-469, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING NEW JOB CLASSIFICATIONS AND AMENDING RESOLUTION NO. 76R-682. RESOLUTION NO. 77R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING NEW JOB CLASSIFICATIONS AND AMENDING RESOLUTION NO. 76R-736. RESOLUTION NO. 77R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING NEW JOB CLASSIFICATIONS AND AMENDING RESOLUTION NO. 76R-312. 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-467 through 77R-469, both inclusive, duly passed and adopted. Resolution 4 was proposed to replace the City's Science Advisor Program, consisting of a one-year agreement for developing certain Data Processing Services and other technical services to the Library and the Police Departments. Mr. Talley confirmed for Councilman Kott that the contract for the City's present Science Advisor would not be renewed. Councilman Kott questioned the proposed agreement which would cost approximately $50,000. It was his opinion the department heads should know what they needed without the necessity of a study. 77-752 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. Mr. Talley first explained approximately $10,000 of the needed funds would (~ome from the National Scien~'e Foundation. He further explained that the five-year Data Processing program previously presented to the Council was analyzed and some of the areas where long-range planning was in order were identified. These areas needed to be developed whether or not inside or outside Data Processing services were utilized. Further discussion followed wherein Assistant City Manager, William Hopkins, ex- plained that although the departments knew what their needs were, they needed assistance not available in-house, just as when plans and specifications are needed to be developed before going out to bid on a particular item. He further explained that although the departments had previously initiated such a program, no specific analysis was conducted as to exactly what would be involved in the total program. The Mayor reiterated his previous opposition on similar items involving Data Pro- cessing and stated he could not support the proposed resolution. Mr. Talley stated that the proposal represented a $6,400 decrease and would provide services that were required. Councilwoman Kaywood offered Resolution No. 77R-470 for adoption. Refer to Resolu- tion Book. RESOLUTION NO. 77R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH C. DON MC GREGOR FOR DATA PROCESSING PROFESSIONAL SERVICES 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, Seymour and Roth Kott and Thom None The Mayor declared Resolution No. 77R-470 duly passed and adopted. Resolution No. 5 required an expression of Council Policy on the ability to provide greater latitude in the administration and use of traffic controls as well as cross- ing guards and, as previously explained, the net effect increased the Budget by $28,000 which was included in the prior motion on the Budget. Councilwoman Kaywood offered Resolution No. 77R-471 for adoption. Refer to Resolu- tion Book. RESOLUTION NO. 77R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING STANDARDS FOR THE INSTALLATION OF TRAFFIC CONTROL DEVICES AND RESCINDING RESOLUTION NO. 6773. Roll Cal. 1 Vote: AYES: NOES: ABSENT: COLrNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-471 duly passed and adopted. 77-753 City Hall~ Anaheim, California - COUNCIL MINUTES - June 28~ 1977~ 1:30 P.M. Mr. Talley stated that the final two actions were merely for ratification and informal recognition purposes. On motion by Councilwoman Kaywood, seconded by Councilman Roth, appropriation of $200,000 for the City's General Liability Insurance Binder with Continental Insurance Brokers as recommended in memorandum dated June 22, 1977 from the City Manager was ratified. MOTION CARRIED. On motion by Councilman Thom, seconded by Councilman Roth, appropriation of $796,400 from the General Fund Unappropriated Reserve to various other accounts as listed in memorandum dated June 28, 1977 from the City Manager was approved. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Kott, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Dorothy J. Mercer for personal injuries purportedly sustained as a result of a slip and fall accident in the public restroom of the Anaheim Municipal Golf Course on or about May 16, 1977. b. Claim submitted by Diana Turner for property damages purportedly sustained as a result of a tree branch striking vehicle on or about May 9, 1977. c. Claim submitted by Douglas M. Walters for personal injuries purportedly sustained as a result of actions by Anaheim Police Officers on or about March 24, 1977. d. Claim submitted by Thomas Pearson III for personal injuries purportedly sus- tained as a result of actions by the crossing guard at Gilbert and Orange on or about May 24, 1977. e. Claim submitted by Robert S. Prager for property damages purportedly sustained as a result of a traffic accident caused by the City's signal lights on or about May 21, 1977. f. Claim submitted by Southern California Gas Company for property damages purportedly sustained during removal of a stump by City equipment on or about May 27, 1977. g. Claim submitted by Tony Baca for personal injuries purportedly sustained as a result of tripping on a sidewalk at or near 121 South Anaheim Boulevard on or about April 11, 1977. h. Claim submitted by D. B. Investments for property damages purportedly sus- tained by a City-owned vehicle on or about May 18, 1977. 77-754 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 175: Monthly reports for January, February and March, 1977 and seconded revision of August through December 1976 - Customer Service Division. b. 105: Public Utilities Board - Minutes of May 5, 19 and 26, 1977. c. 105: HACMAC - Minutes of June 7, 1977. d. 105: Community Redevelopment Commission - Minutes of June 15, 1977. MOTION CARRIED. RESOLUTION NOS. 77R-472 THROUGH 77R-476: Councilman Kott offered Resolution Nos. 77R-472 through 77R-476, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 77R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Donald R. Bates; Richard A. Herman II, et ux.; Anaheim National Bank; Patrick L. Daniel, et ux.; Atlantic Richfield Company; Richard J. Broderick, et ux.; V. I. Hotel Corp.; Edith B. Risner) RESOLUTION NO. 77R-473: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: ORANGETHORPE PARK STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NO. 810-A; APPROVING THE DESIGNS PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened July 21, 1977, 2:00 P.M.) RESOLUTION NO. 77R-474: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: SEWER LINE INSTALLATION, N/O LINCOLN, BETWEEN EMILY AND CLAUDINA, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1711; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened July 14, 1977, 2:00 P.M.) RESOLUTION NO. 77R-475: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Ai~AHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PHASE I DEVELOPMENT FOR CANYON SITE #1, IN THE CITY OF ANAHEIM, WORK ORDER NO. 882. (Goodman & Peloquin, Inc.) 77-755 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977~ 1:30 P.M. RESOLUTION NO. 77R-476: 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 BAYLESS STREET AND KATELLA AVENUE. 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-472 through 77R-476, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 6, 1977, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Kott, seconded by Councilman Roth, 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 tbrough 11): 1. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: The City Planning Commission recommends to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1712 Conditional Use Permit No. 1713 Variance No. 2942 2. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: The Planning Director has determined that the proposed activities in the following listed zoning appli- cations fall within the definition of Section 3.01, Class 1 and 14, 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: Conditional Use Permit No. 1711 Variance No. 2943 3. VARIANCE NO. 2942: Submitted by Julius C. Molina, to permit an existing illegal triplex on RS-7200 zoned property located at 321 West Vermont Avenue with certain code waivers. City Planning Commission Resolution No. PC77-121 granted Variance No. 2942 in part. 4. VARIANCE NO. 2943: Submitted by Michael T. and Jeralynn J. De Frank, to expand a single-family residence on CL zoned property located at 3347 West Ball Road with code waiver of prohibited non-conforming structural expansion. City Planning Commission Resolution No. PC77-122 granted Variance No. 2943. 77-756 City Hall, Anaheim, California - COUNCIl. MINUTES - .June 28, 1977, 1:30 P.M. 5. CONDITIONAL USE PERMIT NO. 1711: Submitted by Ana-Park, Inc., to expand a private school on M1 zoned property located at the southeast corner of Mable Street and Loara Street. City Planning Commissiot~ Resolution No. PC77-123 granted Conditional Use Permit No. 1711. 6. CONDITIONAL USE PERMIT NO. 1712: Submitted by Dunn Properties, to permit a recreational facility on proposed CL zoned property located at the southeast side of Woodland Drive, west of Magnolia Avenue. City Planning Commission Resolution No. PC77-124 granted Conditional Use Permit No. 1712. 7. CONDITIONAL USE PERMIT NO. 1713: Submitted by Lana Corporation, to permit an outdoor storage facility for recreational vehicles, boats, trailers, etc., on a temporary basis, on CL zoned property located on the south side of La Palma Avenue, west of Harbor Boulevard with certain code waivers. City Planning Commission Resolution No. PC77-119 denied Conditional Use Permit No. 1713. 8. VARIANCE NO. 2599 - EXTENSION OF TIME: Submitted by Kenneth Keesee for an extension of time to Variance No. 2599 to establish an automobile leasing agency with code waiver of permitted uses on ML zoned property located at 1922-1930 South Anaheim Boulevard. The City Planning Commission granted a two-year extension of time to Variance No. 2599, retroactive to May 13, 1977, to expire May 13, 1979. 9. VARIANCE NO. 2800 - EXTENSION OF TIME: Submitted by Robert and Elizabeth De John, for an extension of time to Variance No. 2800 to permit an ex~sting garage conversion with code waiver of minimum number of enclosed parking spaces on RS-7200 zoned property located at 2823 Alden Place. The City Planning Commission granted a one-year extension of time to Variance No. 2800, retroactive to May 10, 1977, to expire May 10, 1978. 10. CONDITIONAL USE PERMIT NO. 1225 - EXTENSION OF TIME: Submitted by Joan Hamilton for an extension of time for a child care center in an apartment complex on RM-1200 zoned property located at 2130 West Crescent Avenue. The City Planning Commission approved a five year extension of time to Conditional Use Permit No. 1225, retroactive to April 20, 1977, to expire April 20, 1982. 11. CONDITIONAL USE PERMIT NO. 1545 - EXTENSION OF TIME: Submitted by Dr. Robert E. Grosse, for an extension of time to Conditional Use Permit No. 1545 to construct a veterinary hospital with certain code waivers on proposed CL(SC) zoned property located on the south side of Santa Ana Canyon Road, west of Fairmont Boulevard. The City Planning Commission approved a two-year extension of time to Conditional Use Permit No. 1545, retroactive to June 23, 1976, to expire June 23, 1978. MOTION CARRIED. 77-757 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. VARIANCE NO. 2485 - REQUEST FOR TERMINATION: Submitted by James E. Hundley, to terminate Variance No. 2485 to permit a mini-warehouse with certain code waivers on ML zoned property located northwest of the intersection of the Orange and Riverside Freeways. Councilman Kott offered Resolution No. 77R-477 for adoption terminating Variance No. 2485 as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-477: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2485 AND DECLARING RESOLUTION NO. PC73-65 NULL AND VOID. 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-477 duly passed and adopted. VARIANCE NO. 2525 - REQUEST FOR TERMINATION: Submitted by H. K. Fender, to terminate Variance No. 2525 to establish a mini-warehouse with waiver of minimum required number of parking spaces on ML zoned property located on the east side of Brookhurst Street, north of Crescent Avenue. Councilwoman Kaywood offered Resolution No. 77R-478 for adoption terminating Variance No. 2525 as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-478: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2525 AND DECLARING RESOLUTION NO. PC73-158 NULL AND VOID. 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-478 duly passed and adopted. VARIANCE NO. 2926, TENTATIVE TRACT NO. 9721 AND EIR NO. 198: Submitted by Jawfing Investments, for a 45-1ot, 44-unit, RS-HS-22,000 subdivision on property located on the northeast and southwest sides of Fairmont Boulevard, south of Santa Ana Canyon Road, with code waiver of requirement that all lots rear on an arterial highway. The City Planning Commission, pursuant to Resolution No. PC77-115, having considered EIR No. 198 for the proposed development of 44-lots on the 25.1 acres located approxi- mately 2,050 feet south of the centerline of Santa Ana Canyon Road finds that (a) potential project-generated individual and cummulative adverse impacts have been re- duced to an insignificant level due to the equestrian-type estates and, (b) the sub- Ject EIR conforms to the City and State Guidelines and the State of California Environ- mental Quality Act, recommends to the City Council that they certify said EIR No. 198 as being in compliance with said Environmental Quality Act, and further, approved Variance No. 2926. 77-758 _City Ha_ll~ Anaheim, ~]alifornia - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. Miss Santalahti interjected that the developer had submitted a further revision of the Tract Map beyond that which was presented to HACMAC; however, involving the same number of lots. HACMAC indicated there were several streets w~th ]3 percent grades, and the Fire Chief had recommended less than 13 percent maximum, 12 percent for short runs. The revised map complied with Fire Department recom- mendations, and they approved the additional revision today. Councilwoman Kaywood asked if there was any way to reduce the grading without the necessity for another hearing. Mr. Rick King of Ron Martin Associates, representing Boulevard Development explained that after the previous meeting they again met with HACMAC and submitted a revised plan with what they understood were HACMAC's concerns, basically lot frontage of 90-foot minimum which they gave and retention of as many trees as possible which they were trying to do. The proposal was finally endorsed but some members voted with reservations citing the need for Fire Department review. They looked at the possibility of additional grading, but instead came up with some interesting con- cepts in terms of planning using retaining walls rather than cutting slopes even though this involved additional expense to the developer. As a consequence, they approximately balanced the grading by increasing the fill and decreasing some of the slopes. The majority of the site was 4 percent with 12 percent on short runs. In his opinion, the change did not necessitate going back for a revised EIR. All roads were down to a maximum grade of 12 percent and that was only in a couple of sections. Subsequently, the Fire Department approved their revisions and they had now complied with all recommendations. ENVIRONMENTAL IMPACT REPORT - CERTIFICATION: EIR No. 198 having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilwoman Kaywood, seconded by Councilman Seymour, that EIR No. 198 is in compliance with the California Environmental Quality Act and City and State Guidelines. MOTION CARRIED. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the proposed subdivision, Tentative Map, Tract No. 9721, together with its design and improvement was found to be consistent with the City's General Plan, and the City Council approved said Tentative Map, subject to the petitioner eliminating one lot, specifically lot line between Lots 11 and 12, subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 9721 is granted subject to the approval of Reclassification No. 72-73-51. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. ~at in accordance with City Council policy, an open decorative wall shall be constructed at the top of slope near the northeast property line on Lot Nos. 1 and 44, said wall separating portions of said lots and Fairmont Boulevard. Reasonable ..... landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said wall; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance; and following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. ~ity Hall, Anaheim~ California - COUNCIL MINUTES - June 28~ .!977~ 1:30 P.M. 77-759 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 6. That any proposed covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 7. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 8. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 9. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 10. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 11. That grading, excavation, and all other construction activities shall be con- ducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 12. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 13. That the owner(s) of subject property shall pay appropriate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to approval of a final tract map. 77-760 C__ity H~all,_Anaheim, California - COUNCIL MINUTES - .lune 28, 1977, 1:30 P.M. 14. That final specific plot, floor and elew~tion plans shall be submitted to the Planning Commission and/or C~ty Council for review and approval, prior to the issuance of building permits. 15. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. 16. That the petitioner eliminates one lot, specifically, the lot line between Lot~ i1 and 12. MOTION CARRIED. FINAL MAP, TRACT NO. 9524: Developer, Sunburst Development; Tract located north of Canyon Rim Road and Via Arboles, west of Fairmont Boulevard containing 40 RS-HS-22,000 proposed zoned lots. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivision, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 9524, subject to two conditions, as recommended by the City Engineer in his memorandum dated June 22, 1977. Councilman Seymour abstained. MOTION CARRIED. Councilman Roth offered Resolution No. 77R-479 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-479: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION MADE TO THE CITY OF ANAHEIM IN CONNECTION WITH TRACT NO. 8456. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-479 duly passed and adopted. Councilman Seymour explained that he abstained as he did on previous occasions due to a potential conflict of interest. 172: ORDINANCE NO. 3727: Councilman Thom offered Ordinance No. 3727 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3727: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.48 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW TITLE 14, CHAPTER 14.48 IN ITS PLACE AND STEAD. (through truck routes) City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. 77-761 Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3727 duly passed and adopted. ORDINANCE NO. 3728: Councilman Kott offered Ordinance No. 3728 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3728: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-7, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3728 duly passed and adopted. ORDINANCE NO. 3729: Councilman Roth offered Ordinance No. 3729 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3729: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (76-77-39, CL) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3729 duly passed and adopted. ORDINANCE NO. 3730: Councilwoman Kaywood offered Ordinance No. 3730 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3730: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-25, RS-7200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3730 duly passed and adopted. 77-762 ~ity Hall_n_Anaheim, California - COUNCIL MINUTES - June 287 1977, 1:30 P.M. ORDINANCE NO. 3731: Councilman Roth offered Ordinance No. 3731 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3731: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-47, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance No. 3731 duly passed and adopted. ORDINANCE NOS. 3732 THROUGH 3734: Councilwoman Kaywood offered Ordinance Nos. 3732 through 3734 for first reading. ORDINANCE NO. 3732: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(4), RS-HS-10,O00, Tract No. 9466) ORDINANCE NO. 3733: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-55(5), GL) ORDINANCE NO. 3734: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-9(7), CL) 139: SUPPORT OF SB 428: Councilwoman Kaywood urged support of SB 428 which would tighten the Child Pornography Law which, in her opinion, should be termed, Child Abuse Law. By general Council consent, staff was directed to support SB 428 in the most appropriate manner. 114: COMMENTS ON ADOPTION OF 1977-78 BUDGET: Councilman Seymour expressed his dismay over adoption of the Budget as presented and reminded the Council at the time they ran for office, they promised fiscal conservatism and expounded how much they were going to save the taxpayer. When the time came to vote in taxes, however, a $135 million Budget was adopted. Councilman Kott responded that he promised fiscal conservatism but as he stated at a prior meeting, he wanted to see where money could be saved and Councilman Seymour showed where it could not be saved. Councilman Seymour explained that the list he presented specifically outlined where Budget cuts could be made to directly save taypayer dollars. Councilman Kott emphasized that was not what people wanted. He considered his vote to be a Conservative one and although he would prefer a zero tax base, such was not possible,and the people realized they had to pay for government. In his opinion, and as the record would show, around Orange County, the City was well run and a good Budget was adopted that would prove itself through the year. 119: PUBLICITY ON VACANCIES ON BOARDS~ COMMISSIONS AND COMMITTEES OF THE CITY: Councilman Roth thanked and commended both the Public Information Officer and press for the publicity given vacancies on City boards, commissions and committees 77-763 City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1977, 1:30 P.M. and solicitation of applications to fill these vacancies from the community. He was also pleased with the response received which indicated there were many people in the community interested in working for the benefit of the community at large. He especially reiterated his thanks to the press for their excellent cooperation. ADJOURNMENT: Councilman Seymour moved to adjourn to Wednesday, June 29, 1977, at 2:00 P.M. Councilman Kott seconded the motion. MOTION CARRIED. Adjourned: 6:01 P.M. LINDA D. ROBERTS, CITY CLERK