Loading...
1977/08/09 77-914 City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1977, 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY ATTORNEY: Frank Lowry EXECUTIVE DIRECTOR: Norm Priest CHIEF OF POLICE: Harold Bastrup PLANNING DIRECTOR: Ron Thompson UTILITIES DIRECTOR: Gordon Hoyt PUBLIC WORKS DIRECTOR: Thornton Piersall PARKS, RECREATION AND ARTS DIRECTOR: James Ruth ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti LEGISLATIVE ANALYST: David Latshaw ASSISTANT CITY ENGINEER: Bill Devitt Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Elwyn Lewis of the Central Assembly of God Church gave the Invocation. FLAG SALUTE: Councilman Seymour led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION - POLICE OLYMPICS MEDALISTS: Police Chief Harold Bastrup stated that it would be appropriate for Detective Jim Watkins to introduce some of the winners at the recent Police Olympics held July 27-31, 1977 in Santa Ana as he was intimately involved with the program. Detective Watkins first briefed the Council on the Olympics and was pleased to announce that of the 49 Officers competing from Anaheim, 23 medals were won in various categories making this one of the best years of performance for Anaheim Police Officers. Detective Watkins then introduced the medal winners who were able to be present for the ceremony. The Mayor congratulated the winners on behalf of the Council noting that each year there were many medal winners amongst the participating Anaheim Police Officers and their record was one in which the City could take great pride. PROCLAMATIONS: The following proclamations were ~ssued by Mayor Thom and approved by the City Council: "Health and Fitness Week in Anaheim" - September 5 - 11, 1977 "75th Anniversary Year of the Anaheim Public Library" - August 12, 1977 to August 11, 1978 MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the Anaheim City Council regular meeting held July 12, 1977 were approved subject to typographical corrections. MOTION CARRIED. 77-915 City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Thom moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,742,162.88, in accordance with the 1977-78 Budget, were approved. 123: REQUESTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINg: City Manager William Talley briefed the Council on his memorandum dated August 2, 1977 relative to the proposed 40-year lease agreement with the University of California at~Irvine for City-owaed land to be uscd for a community medical clinic, including the option to purchase the property. He explained that Vice Chancellor Cox and the Dean of the Medical School were present. The Dean stated that the approval of the lease was the last step prior to construc- tion, and they anticipated occupancy and a functional clinic early in 1978. Councilwoman Kaywood offered Resolution No. 77R-555 for adoption as recommended in memorandum dated August 2, 1977 from the City Manager. Refer to Resolution Book. RESOLUTION NO. 77R-555: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LEASE BETWEEN THE CITY OF ANAHEIM AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 77R-555 duly passed and adopted. Councilman Seymour stated that although he originally opposed the location of the facility, he had been totally supportive of the concept and since the majority of the Council selected the site, he was pleased to record a positive vote to see the project come to fruition. 161.123: REVISED AGREEMENT WITH REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS: On motion by Councilman Thom, seconded by Councilwoman Kaywood, consideration of authorization of a revised agreement with the Redevelopment Agency for reimbursement of costs based on current operating relationships was continued to September 13, 1977. MOTION CARRIED. 160: WAIVER OF NORMAL BIDDING PROCEDURES FOR TWO HURST RESCUE TOOLS: On motion by Councilwoman Kaywood, seconded by Councilman Thom, waiver of normal bidding procedures and designation of Western States Fire Apparatus Company as sole vendor for purchase of two Hurst Rescue Tools was authorized as recommended in memorandum dated July 29, 1977 from Fire Chief James Riley. MOTION CARRIED. 77-916 City .Hall~ Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. 153: CLASSIFICATION OF LEAD WORKERS IN STREET MAINTENANCE DIVISION: Councilman Seymour explained that although he was in favor of the proposed action, he had some concerns relative to the utilization of CETA employees. Upon receipt of the report he asked for, he did not want the result of that report to indicate he was voting one way one week and another the next. Until his concerns were allayed, he saw nothing wrong in the classifications. Councilman Roth offered Resolution No. 77R-556 for adoption as recommended in memorandum dated August 3, 1977 from the Personnel Director with a letter of con- currence from AMEA. Refer to Resolution Book. RESOLUTION NO. 77R-556: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-680 AND CREATING NEW LEAD WORKING JOB CLASSES IN THE STREET MAINTENANCE DIVISION. (effective August 5, 1977) 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-556 duly passed and adopted. 147: AIR qUALITY MITIGATION PRQGRAM~ COUNTY SANITATION DISTRICTS' GRANT APPLICATION: Councilman Kott asked staff how much money was involved in the program. Planning Director Ron Thompson explained that Federal money was involved and it was a mandatory program. As the Council representative on the Sanitation District, Councilman Roth stated that he wholeheartedly agreed with the proposed resolution calling for the Council's support of the Districts' grant application for expansion of waste water treatment capacity/capability. Councilwoman Kaywood offered Resolution No. 77R-557 for adoption as recommended in detailed memorandum dated July 29, 1977 from the Planning Director. Refer to Resolu- tion Book. RESOLUTION NO. 77R-557: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS POSITION REGARDING DEVELOPMENT OF AIR QUALITY MITIGATION PROGRAM FOR THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY WASTEWATERMANAGEMENT PROGRAM AND THE INTENTION TO COOPERATE AND PARTICIPATE IN THE SOUTH COAST BASIN AIR QUALITY MAINTENANCE PLAN AND THE 208 AREAWIDE WASTE TREATMFNT MANAGEMENT PLAN. 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-557 duly passed and adopted. 77-917 City Hall~ Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. Councilwoman Kaywood questioned Councilman Kott as to why he voted "No". Councilman Kott was concerned that he did not get a satisfactory answer to his original question and wanted clarified whether or not the program was going to cost the City money, not only at present, but also in the future. Further discussion followed wherein Councilman Seymour explained that unless a favorable position was adopted, the City could look forward to moratorium~ being declared and a no-growth process being adopted. The Mayor interjected that the program was concerned with wastewater treatment and management and would eventually cost the taxpayer considerable sums. Councilman Roth explained that the Sanitation District was soliciting support from each of the cities because of their responsibility for disposal of waste materials, Anaheim for one, was creating. Councilman Seymour stated that before final projects were undertaken, he was certain the Council would have very specific numbers as to costs and impact, and the action taken today merely started the process moving to ascertain what those would be. 123: PROJECT NO. 1, OFFSITE STORM DRAIN, PROJECT ALPHA: Relative to the proposed resolution authorizing an agreement with Willdan Associates for services on the subject project to be completed within 150 days, Councilman Kott questioned whether or not bids were solicited from other firms who could provide similar services. Assistant City Engineer, William Devitt, explained that other consultants were contacted and costs were discussed, but no bids in the traditional sense were solicited since a professional contract was involved. City Manager Talley interjected that cities generally found it an idle gesture to send the type of agreement proposed out to bid because the consulting companies considered themselves professionals and would not d~ so. Councilman Thom offered Resolution No. 77R-558 for adoption as recommended in memorandum dated August 2, 1977 jointly from the Director of Public Works and the Executive Director. Refer to Resolution Book. RESOLUTION NO. 77R-558: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH WILLDAN ASSOCIATES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None The Mmyor declared Resolution No. 77R-558 duly passed and adopted. 77-918 City Hall~ Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. 123: ARCHITECTURAL SERVICES TO UPDATE CIVIC CENTER COMPLEX: Councilman Kott offered Resolution No. 77R-559 for adoption as recommended in memorandum dated August 2, 1977 from the Director of Public Works. Refer to Resolution Book. RESOLUTION NO. 77R-559: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH DAN L. ROWLAND AND ASSOCIATES, INCORPORATED, AND LE ROY ROSE AND ASSOCIATES FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE CIVIC CENTER COMPLEX AND AUTHORIZING THE EXECUTION THEREOF. 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-559 duly passed and adopted. 139: AB 1931 (McVITTIE), PUBLIC WORKS RESTRICTIVE FORCE ACCOUNT: Councilwoman ~.~Kaywood moved to--AB 1931 and any other similar legislation which would inhibit the ability of cities to perform certain Public Works projects with their own forces, as recommended in memorandum dated August 3, 1977 from the Legislative Analyst. Councilman Seymour seconded the motion. Before a vote was taken, the Mayor stated that he could support the motion if the words "any other similar legislation" were deleted. Philosophically he felt that as much government business as possible should be put out to the private sector because the private sector supported the government. David Latshaw, Legislative Analyst, explained that the reason the clause was in- cluded was due to the fact that on occasion riders were taken from different bills and put into other bills thus giving flexibility to move on various measures proposed at the last minute. However, there would be no problem if the subject clause was deleted. Councilwoman Kaywood thereupon stated she would delete the clause from her motion. A vote was taken on the foregoing motion deleting "any other similar legislation". MOTION CARRIED. For clarification, City Manager Talley explained that the City should have maximum latitude in sending out whatever work they wished. He believed, however, that what the Council previously expressed was their continuing opposition in having Sacramento pass or contemplate passing bills legislating what the City was going to do and demanding the performance of certain actions that presently were not required. The Council now had the prerogative to bid out any maintenance services they wished. He was seeking reaffirmation of Council's direction in opposing bills mandating this particular action. 139: SB 289 (DILLS) REDEVELOPMENT POWERS: On motion by Councilman Thom, seconded by Councilwoman Kaywood, support of SB 289, Redevelopment Powers, was approved as recommended in memorandum dated August 3, 1977, from the Legislative Analyst. Councilman Seymour voted "No". MOTION CARRIED. 77-919 City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. 139: SB 766 (ROBBINS)~ REDEVELOPMENT TAX-INCREMENT FINANCING: On motion by Councilman Thom, seconded by Councilman Kott, opposition of SB 766, Redevelopment Tax-Increment Financing, requiring redevelopment agencies to reimburse certain fire districts, was approved as recommended in memorandum dated August 1, 1977, from the Legislative Analyst. Councilman Seymour voted "No". MOTION CARRIED. 148: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) - ANNUAL DUES: On motion by Councilman Thom, seconded by Councilman Seymour, payment of 1977-78 SCAG annual dues in the amount of $2,106 was approved as recommended in memorandum dated August 3, 1977 from the Legislative Analyst. Councilman Kott voted "No". MOTION CARRIED. 148: SANTA ANA RIVER FLOOD PROTECTION AGENCY - ANNUAL DUES: On motion by Council- man Roth, seconded by Councilwoman Kaywood, payment of 1977-78 Santa Ana River Flood Protection Agency annual dues in the amount of $1,200 was approved as recommended in memorandum dated August 3, 1977 from the Legislative Analyst. MOTION CARRIED. 106 AND 148: NORTH ORANGE COUNTY RETIRED SENIOR VOLUNTEER PROGRAM: Mr. Talley referred to his report dated August 3, 1977 on the subject program and explained that inadvertently the request for funds had not been brought to the Council's attention at the time of Budget hearings and thus the reason for submitting the request as a separate item. The Mayor stated that he was familiar with the program and most supportive of it since quite a number of Anaheim senior citizens were involved. On motion by Councilman Thom, seconded by Councilwoman Kaywood, payment from the Council Contingency Fund to the North Orange County Retired Senior Volunteer Pro- gram for Fiscal Year 1977-78 for salary expenses, transportation, insurance and recognition expenses was approved in the amount of $3,708 cash contribution and $1,629 in-kind support. MOTION CARRIED. 113: PROPOSITION 9 DISCLOSURE STATEMENTS: City Attorney Hopkins referred to a memo prepared by his office dated August 2, 1977 concerning baseball tickets, passes, and other items relative to reporting of same on Proposition 9 Disclosure Statements. Inasmuch as a formal opinion was being requested of the Fair Political Practices Commission (FPPC) in proposed letter dated August 2, 1977, he stated as of that morning, he checked with the staff of FPPC and they indicated it would be permissible to wait until that report was issued before making any amendments to disclosure statements. Discussion followed between Councilwoman Kaywood and Mr. Hopkins concerning the staff people contacted at FPPC wherein Councilwoman Kayweod requested that the City Attorney communicate directly with the Department Head instead of members of his staff. Councilwoman.Kaywood also took issue with the contents of the letter proposed to be sent to FPPC explaining that assumptions contained therein weye totally incorrect. She then cited several examples which she considered erroneous. The Mayor, too, questioned the fact that out of the eight items listed, he had never received any of the items listed under reference numbers 3, 4, 5, and 6, and if a ruling was made by FPPC, he did not want the inference made that the passes involved were ever received by him. He questioned whether he was obliged to report something he never received. 77-920 ~ity Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.'M. Assistant City Attorney Frank Lowry who wrote the letter briefed the Council on how the figures contained therein were arrived at and the formula used in calculating the dollar value of the passes. Councilwoman Kaywood and Council Members Seymour, Roth and Thom expressed their concern over the wording in the letter and the assumption made relative to the use of annual gift passes which, if used to the extent inferred, would make it a physical impossibility to accomplish and totally impractical in the concept. The Mayor pointed out the fact that if any Council Member or department head received all of the passes listed in items 1 through 8 and declared that such were received according to the formula used, the value represented $61,705 in gifts. He thus expressed great concern over possible reaction by the IRS; he did not want to be liable to pay any taxes if such inference were made, especially considering that many of the passes had not been received, as well as the impossibility of being able to use the passes to the extent indicated. Mr. Lowry agreed with the absurdity of the figures; however, at the time he drafted the letter, he went over each item on the list with FPPC attorneys and they did the mathematics on how to report the gifts and told him (Lowry) how to tell the Council to report them. Further discussion followed wherein upon questioning by Councilwoman Kaywood, the City Attorney stated that when passes were received and returned, a record must be kept of those returned. Councilwoman Kaywood also stated that Movieland Wax Museum had a record that they sent her a numbered pass along with a Christmas card, yet she never received it. She, too, was concerned that it was not possible to list something that had not been received. After clarification of additional questions posed by the Council, City Attorney Hopkins stated that the proposed letter would be redrafted eliminating many of the specific passes and merely requesting an opinion concerning any type of pass or gratutity since there was no formal opinion from FPPC at this time although there were informal opinions in Oakland and San Diego relative only to baseball tickets. The Mayor recommended that a ruling also be obtained from the IRS on behalf of the Council, department heads, and others involved regarding the gift portion of the Disclosure Statement. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Attorney was directed to revise letter dated August 2, 1977 to the FPPC requesting a formal opinion relative to annual passes and also obtain a ruling from IRS on behalf of Council and department heads relative to the gift portion of the Disclosure State- ment, for submittal to Council in one week. MOTION CARRIED. In answer to Councilwoman Kaywood, City Attorney Hopkins explained that if the FPPC issued a formal opinion, it would be applicable not only County-wide, but also Statewide and thus, published in all bulletins and appropriate books. 101: RATIFICATION OF ELECTION TO BOARD OF DIRECTORS~ CITY OF ANAWEIM (CALIFORNIA) STADIUM, INC.: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the election of Mr. Keith Murdoch to the Board of Directors of the City of Anaheim (California) Stadium, Inc., replacing Mr. Paul Presley who resigned, was ratified as requested in letter dated August 5, 1977 from the President of the organization. Councilmen Kott and Thom voted "No". MOTION CARRIED~ 77-921 ~ity Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. 105: PROJECT AREA COMMITTEE APPOINTMENT: On motion by Councilman Roth, seconded by Councilman Thom, an appointment to fill an unexpired term on the Project Area Committee ending June 30, 1978 was continued for two weeks. MOTION CARRIED. 173: BUS SHELTER PILOT PROJECT: On motion by Councilman Roth, seconded by Councilman Thom, consideration of a bus shelter pilot project was continued four weeks. MOTION CARRIED. 158: PROPOSED SALE OF CITY-OWNED PROPERTY, ORANGEWOOD AVENUE AND RAMPART STREET: (Matlow-Kennedy Corporation) On motion by Councilwoman Kaywood, seconded by Councilman Thom, consideration of an exclusive right to negotiate agreement with Matlow-Kennedy Corporation for sale of approximately 18 acres located at the southwest corner of Orangewood Avenue and Rampart Street was continued for one week. MOTION CARRIED. 120: OPPOSITION TO CONSTRUCTION OF A HOME AT 1295 EAST SYCAMORE STREET (RECLASSIF- ICATION NO. 51-52-53): (continued from July 12, 1977) Mr. David Patterson, 1281 East Sycamore Street, explained that he, Mr. Art Shipkey and Mr. Jim Kirk were present. As of last evening, a tentative agreement was reached and he and Mr. Kirk negotiated to buy the property from Mr. Shipkey. Thus, the original problem no longer existed. Councilman Roth commended Mr. Patterson for working out an agreeable solution to the matter without the need for Government Funds and intervention. On motion by Councilwoman Kaywood, seconded by Councilman Roth, consideration of previous opposition relative to the construction of a home on property located at 1295 East Sycamore Street was permanently removed from the Council agenda. MOTION CARRIED. 148: RESOLUTIONS - LEAGUE OF CALIFORNIA CITIES: (continued from August 2, 1977) Councilwoman Kaywood again broached the matter of resolutions received from the League of California Cities for consideration and vote at the August 11, 1977 League meeting. The Council had already seen and acted on Resolutions A through I and some were the City's own recommendations. She then briefed the Council Members on the contents of the resolutions and asked if they wished to vote ~n any of the resolutions or authorize the delegate to vote the Council's wishes at the meeting. On motion by Councilman Thom, seconded by Councilman Kott, no action was taken on the consideration of resolutions received from the League of California Cities. MOTION CARRIED. 174.123: JOINT FIRE TRAINING AUTHORITY~ COMMINICATIONS CENTER: Councilman Kott referred to memorandum dated August 3, 1977 from Fire Chief Riley relative to the Joint Fire Communications Center proposed at a meeting of the same date of the Joint Fire Training Authority. Although the proposition could amount to an additional expenditure of approximately $100,000, he was told by the Fire Chiefs involved it could mean an annual savings of $80,000 to $90,000 if all the cities in the Authority participated in the project with Stanton also joining the other three cities (Orange, Garden Grove and Anaheim) in the venture. Councilman Kott wanted the Council to be aware of what had taken place at the meeting. 77-922 City Hall, Anaheim, California - COUNCIL MINUTES - Ausust 9~ 1977~ 1:30 P.M. In lieu of Fire Chief Riley, who was presently hospitalized, City Manager Talley stated that the Authority had passed the concept of the Joint Participation Center incorporated as part of the Joint Fire Training Facility and the Fire Chiefs con- curred in Councilman Kott's recommendation that Anaheim employ the personnel re- quired for operation. Councilman Kott moved to approve the concept of the Joint Fire Communications Center, with Anaheim to provide the required personnel. Councilman Roth seconded the motion. Before a vote was taken, Councilman Seymour referred to page 4 of report dated July 25, 1977 from Chief Riley outlining in detail the basic concept and recom- mendations relative to the Joint Fire Dispatch Center. He took issue with the fact that the two employees, one clerical and one custodial, that would be needed to operate the Center were proposed to be CETA employees. In his opinion, this was a violation of the philosophical thrust of the purpose of CETA employees; they were temporary and not permanent. Although he wholeheartedly supported the proposed concept, he did not want to be part of supporting a proposal utilizing part-time people in full-time positions thus committing the taxpayer to a greater expense when the CETA position expired. Although it would represent an increase in cost, if Councilman Kott were to modify his motion eliminating the CETA posi- tions and replacing them with full-time clerical and custodial personnel, the City then would be dealing in a straightforward manner. Discussion followed between Councilman Seymour and Councilwoman Kaywood relative to the status of CETA employees wherein Councilman Seymour emphasized that CETA was never envisioned by the Federal Government to provide permanent employment. Councilman Kott stated that he understood when the amalgamation occurred, there was going to be too many employees because each city had its own at present. At the last meeting it was decided to allow the positions to expire, thus the matter would take care of itself. Mr. Talley stated although he was not aware of the consideration as stated by Councilman Kott since he was not a party to the conversation, he wanted to point out for Councilman Seymour that there were various aspects to the CETA law, some requiring the hiring of people for short-term assignments, with others geared toward t~ansitioning into unsubsidized employment. He then explained the plan envisioned by the Authority ~lative to the employees who would be utilized in the two positions needed, concluding that the incorporation of CETA employees in the plan was working fully within the law. He considered that any time he could take a position that would be funded by the General Fund and put it under CETA, even for a brief amount of time, this would represent a cost savings to the City. Councilman Seymour recommended that the next time this was done, it should also be explained that the taxpayers of the community would have to make it up the next year.~ In this instance, Councilman Seymour stressed that the situation would lead the taxpayers to believe they would never have to make up for the two employees. City Manager Talley concurred and stated that eventually both would become City funded positions. 77-923 City Hall, Anaheim, Cal-ifornia - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. A vote was taken on the foregoing motion and carried by the following vote: AYES: NOES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom COUNCIL MEMBERS: Seymour MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - STOCK TABULATING PAPER - BID NO. 3278; On motion by Councilman Thom, seconded by Councilman Roth, the low bid of Vanier Graphics Corporation was accepted and purchase authorized in the amount of $25,993.93,. including tax, as recommended in memorandum dated August 2, 1977 from Lewis Keller, Buyer. MOTION CARRIED. 145 AND 178: WATER CONSERVATION - PROPOSED ORDINANCE BY ORANGE COUNTY BOARD OF SUPERVISORS: On motion by Councilman Thom, seconded by Councilman Seymour, the Council declined to adopt a suggested ordinance by the Orange County Board of Supervisors relative to the prohibition of water wastage, as recommended by the Public Utilities Board, the City's representative on the Metropolitan Water District Board, and the Chamber of Commerce, thus continuing to rely on users' voluntary water conservation efforts. MOTION CARRIED. 150: CANYON HILLS SOCCER ASSOCIATION - GOAL POSTS FOR PERALTA CANYON PARK: Mr. Murray Zoota, 6093 East Camino Manzano, member of the operating board of the subject soccer association, requested that two sets of soccer goal posts be installed in Peralta Canyon Park where they would be utilized for the approximate 50 teams involving over 750 children. He estimated the cost for these posts to be no more than $2,000. Mr. James Ruth, Parks, Recreation and the Arts Director, stated that portable goal posts would cost approximately $250 apiece or $1,000 for four. His concern was that the soccer program had increased three-fold in the past year, encompassing 4,000 children and some adults representing 250 teams, and forewarned the Council the request before them today would not be the last. He also requested that if the Council was in accord with their request, that their authorization also stipulate the posts be administered by his department relative to storage at the end of the season and setup, as one set was lost last year. Mr. Ruth emphasized the dramatic growth of soccer in the City leading to the forma- tion of a greater soccer association. He explained that his department had a subcommittee working through the Sports Council to deal with the issue in terms of long-range planning and they would be coming to the Council at Budget time next year relative to related capital improvements. Councilwoman Kaywood added that Mary Ruth Pinson was the Parks and Recreation Commission liaison with the Sports Council, and that would be the proper procedure. Before closing, the Mayor commended Mr. Zoota and his associates involved Jn the soccer pro~ram. 77-924 City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1~77, 1:30 P,M. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, two sets of portable goal posts at an approximate cost of $1,000 was approved~f'rom the Council Contingency Fund with setup and storage to be administered'by the Parks, Recreation and the Arts Department. MOTION CARRIED. ~50: FUTURE OF PEARSON PARK SWIMMINO POOL: Councilman Seymour stated he received a petition containing 106 signatures with more anticipated relative to the future of the Pearson Park Swimming Pool. He felt that the citizens understood that totally unsafe and unsanitary conditions existed regarding the shower and pool, but their main concern was that ,the pool remain at Pearson Park and not be relocated to another site. Without further input, he concurred that the pool should not leave Pearson Park and asked Mr. Ruth, with Council approval, to prepare a report with staff recommendations so that the Council might decide what the future of the swimming pool would be. Mr. Ruth stated that the matter had preliminary review by the Parks and Recreation Commission and a public meeting was set for Monday, August 22, 1977 at 7:30 P.M. in the Martin Recreation Center to receive public input, and, in turn, to inform the public of the problems involved. One of the problems in relation to renova- tion was the present location immediately behind the park theatre, posing two in- compatible uses in close proximity. They had also performed schematic redesign to ascertain whether or not the pool could fit in another location at the park. Also, other possibilities were explored at La Palma Park and inquiries made to the Anaheim Union High School District to explore the feasibility of building a pool suitable for both community and educational needs. He also noted that severe problems were being experienced with the Anaheim High School Pool. However, no firm recommendations were made. Mr. Ruth clarified that a report would be submitted to the Council and the Parks and Recreation Commission after the August 22, 1977 meeting. 162 AND 173: REQUEST TO OPERATE HELICOPTER FLIGHTS - EUCLID STREET BAPTIST CHURCH: Request by Pastor Bryan Crow, Euclid Street Baptist Church, to operate a helicopter between Canyon High School and Loara High School for church~purposes. Pastor Crow briefed the Council on his letter dated July 14, 1977 (on file in the City Clerk's Office) giving the details of his request for six months' temporary permission to 'fly between Canyon High School in Anaheim Hills and Loara High School in order to be able to preach at the Euclid location and to the new Canyon congregation on Sunday mornings. Additionally, upon the Council's affirmative approval, the Orange Unified School District Board requested that the matter also be referred to them for consideration. Pastor Crow further explained there was a possibility that the Euclid Street Baptist congregation would receive a large portion of land in the Weir Canyon area where they owned 580 acres. Details would be settled within six months to a year, and he wanted the Council to consider the possibility that he would be returning in six months to ask permission to fly from that site. In answer to Councilwoman Kaywood, Pastor Crow stated they were assuming all responsi- bility in writing in the event of an accident and confirmed that he was using a licensed helicopter service, leasing both helicopter and pilot. City Attorney Hopkins stated that a hold harmless agreement would be advisable as suggested by Councilman Roth. 77-925 City Hall, Anaheim, California - COUNCIL MINUTES - Ausust 9~ 1977~ 1:30 P.M. Pastor Crow also explained for Councilman Roth that he had received no opposition from anyone relative to the flights which have been conducted since April. He stressed that it was vital that the Church was in harmony with its neighbors and they would stop the flights if continuance created problems even if the Council gave their approval. On motion by Councilman Roth, seconded by Councilman Thom, six months' temporary permission was granted to operate a helicoptor between Canyon High School and Loara High School for Church purposes, subject to approval of the Orange Unified School District, with a hold harmless clause to be prepared by the City Attorney for execution by the Church. MOTION CARRIED. RECESS: By general consent, the City Council recessed. (3:07 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:17 P.M.) PUBLIC HEARING - ABANDONMENT NO. 76-21A: In accordance with application filed by the City Planning Department, public hearing was held on proposed abandonment of a portion of an existing equestrian trail located in Tract No. 9333 (Grant Warming- ton Builders of Irvine, Developer) to be replaced by a newly dedicated trail in a more favorable location, pursuant to Resolution No. 77R-528 duly published in the Anaheim Bulletin and notices thereof posted in accordance with the law. The Planning Commission recommended approval unconditionally. Miss Santalahti confirmed that the proposed abandonment had gone to the Trails Committee and they concurred. The Mayor asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Seymour, the City Council ratified the determina- tion 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 requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 77R-560 for adoption approving Abandon- ment No. 76-21A. Refer to Resolution Book. RESOLUTION NO. 77R-560: A RESOLUTION OF THE CITY COUNCII OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PUBLIC SERVICE EASEMENTS. (Equestrian Trails - Tract 9333) (76-21A) 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-560 duly passed and adopted. 77-926 City Hall~ Anaheim, California - COUNCIL MINUTES - August 9, 1977, 1:30 P.M. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, waiver of the abandonment fee was approved as requested by the City Planning Department. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, 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 Rick and Jan Meyer for property damages purportedly sustained as a result of Water Department repairing a water leak at 1289 North Willet Circle on or about July 25, 1977. b. Claim submitted by Helen M. Bodenbender for personal injuries purportedly sustained as a result of a fall caused by a broken water meter cover at 2531 East Ward Terrace on or about May 7, 1977. c. Claim submitted by Allstate for reimbursement for property damages purportedly sustained as a result as a result of an accident involving a city-owned vehicle on or about June 13, 1977. 2. 118: APPLICATION TO PRESENT LATE CLAIM: a. Application to present late claim submitted by Dora L. Ashworth for personal and property damages purportedly sustained as a result of a traffic signal malfunction at Coronado Street and Kraemer Boulevard on or about August 6, 1976, was denied. 3. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 109: The Pacific Telephone and Telegraph Company Notice of Filing Application for Increases in Directory Advertising Rates with the Public Utilities Commission of the State of California. b. 105: HACMAC - Minutes of July 5 and 19, 1977. c. 107: Monthly report, July 1977 - Building Division. 4. 108: ENTERTAINMENT AND PRIVATE PATROL PERMITS: The following permits were approved in accordance with the recommendations of the Chief of Police: a. Entertainment Permit to allow entertainment Friday,~ Saturday and Sunday nights from 9:00 P.M. to 11:00 P.M. at the E1 Maguey Tavern, 300 East Lincoln Avenue. (William A.'Tomp, applicant) b. Entertainment Permit to allow entertainment 7 days a week from 1:00 P.M. to 2:00 A.M. at the Wind Breaker, 1301 West Lincoln. (Phillip T. Conley, appl{cant) c. Private Patrol Permit for Sunrise Security, 302 South Harvard Boulevard, Los Angeles, to provide security for drive-in theatres in the City of Anaheim. (Eddie Smith, applicant) MOTION CARRIED. 77-927 ~City Hall.~ Anaheim, California- COUNCIL MINUTES- August 9, 1977~ 1:30 P.M. 108: DINNER DANCING PLACE PERMIT: Application by Charles B. Marshall for Mr. Stox Restaurant, 1105 East Katella Avenue, for dancing 7 days a week from 7:00 P.M. to 2:00 A.M. Councilwoman Kaywood questioned the City Attorney relative to a new provision in the City ordinance where a smaller dance floor was approved which would affect subject request and the next item on the agenda (The Loose Caboose). Mr. Hopkins stated that a new formula was arrived at regarding seating. Councilman Roth noted that the Police Department recommended denial of the application for a Dinner Dancing Place Permit at Mr. Stox. Since they had dancing for many years, he was curious as to why the application was now being denied. Mr. Charles Marshall, 2675 Tura Lane, San Marino, explained that he was the new owner of Mr, Stox as of eight days ago and they had dancing there since 1971, but apparently the City now had a new ordinance relative to dance floor size. The Mayor interjected that the size of the restaurant's dance floor was also illegal under the old ordinance. Mr. Marshall further explained that the dance floor occupied about 10 percent of the lounge area and was adequate for their purposes as the major part of their business was dining. Further discussion followed wherein City AttOrney Hopkins confirmed there was no variance procedure to the applicable ordinance and in an attempt to make the original ordinance more flexible, it had been modified to require 7 square feet of floor space for dancing for each seat located at a table, bar or counter free of furniture or partitions. Councilman Roth stated that he did not know Mr. Marshall,but was familiar with Mr. Stox and considered it to be a credit to the community. He noted there were two distinct areas to the restaurant, the dining area to the left and the lounge area to the right and felt there should be some provision that considered a separation of the two under one roof. Further discussion followed as a result of which City Attorney Hopkins recommended that the matter be continued for one week for further staff input. On motion by Councilman Roth, seconded by Councilman Kott, consideration of a Dinner Dancing Place Permit for Mr. Stox Restaurant was continued one week for further departmental recommendations. MOTION CARRIED. 108: DINNER DANCING PLACE PERMIT: Application by Neil J. Murphy for the Loose Caboose, 801 East Katella Avenue, for dancing Tuesday through Saturday from 7:00 P.M. to 1:30 A.M. On motion by Councilwoman Kaywood, seconded by Councilman Thom, consideration of a Dinner Dancing Place Permit for The Loose Caboose was continued one week for further departmental recommendations, and pursuant to a verbal request to the City Clerk by the applicant. MOTION CARRIED. 77-928 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - August 9, 1977, 1:30 P.M. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 77R-561 through 77R-565, 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. 158: RESOLUTION NO. 77R-561: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Robert P. Dupre, et ux.; Imperial Properties; Abraham Winter, et ux.; Richard E. Huston, et ux.; Edwin W. Holton, et ux.) 169: RESOLUTION NO. 77R-562: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND~THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: RIO VISTA STREET STREET IMPROVE- MENT, S/O LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 804-A. (T. J. Crosby) 174.123: RESOLUTION NO. 77R-563: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LOCAL PUBLIC WORKS ALLEY IMPROVEMENT, IN THE CITY OF ANAHEIM, E.D.A. PROJECT NO. 07-51-01052, WORK ORDER NO. 903. (R. J. Noble) 164 AND 174.164: RESOLUTION NO. 77R-564: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORM~NCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAWIDE WATER SYSTEM IMPROVEMENT, IN THE CITY OF ANAHEIM WORK ORDER NOS. 1655 & 1656. (Ace Pipeline Construction, Inc.) 170: RESOLUTION NO. 77R-565: A RESOLUTION OF THE CITY coUNciL 0F THE CITY OF ANAHEIM APPROVING A LOT LINE ADJUSTMENT BETWEEN ADJACENT PARCELS PURSUANT TO LOT LINE ADJUSTMENT PLAT MARKED EXHIBIT "A" AND ATTACHED HERETO ON PROPERTY ON THE SOUTHEAST CORNER OF CHARTRES AND CLAUDINA, NORTH OF LINCOLN AVENUE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCILMEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 77R-561 through 77R-565, both inclusive duly passed and adopted. 169: WORK ORDER NOS. 1271 AND 896 - HANCOCK PLACE IMPROVEMENT PROJECT: Council- woman Kaywood wanted clarification that the subject project was not one where a hole still existed in the street before notice of completion was aPproved. Director of Public Works, Thornton Piersall, stated it was not the same contract to which Councilwoman Kaywood referred. 77-929 .City Hall, Anaheim, California - COUNCIL MINUTES - August 9~ 1977, 1:30 P.M. Councilwoman Kaywood offered Resolution No. 77R-566 for adoption as recommended in memorandum dated August 1, 1977 from the Director of Public Works. Refer to Resolution Book. RESOLUTION NO. 77R-566: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: HANCOCK PLACE IMPROVEMENT PROJECT, 1724' N/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 1271 & 896. (R. J. Noble) 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-566 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held July 18, 1977, pertaining to the following applications and were submitted for City CoUncil information and consideration. Dn motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council authorized the actions pertaining to the following environmental impact require- ments as recommended by the City Planning Commission and took no further action on the following applications (Item Nos. 1 through 14): 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EW~MPTION: The Planning Director has determined that the proposed activities in the following listed zoning applica- tions fall within the definitions of Section 3.01, Class 1 and 3, of the City of Anaheim Guidelines to the requirements for an environmental impact report and are, therefore, categorically exempt from the requirement to file and EIR: Variance No. 2953 Conditional Use Permit No. 1723 Conditional Use Permit No. 1729 Conditional Use Permit No. 1731 Variance No. 2954 Conditional Use Permit No. 1725 Conditional Use Permit No. 1730 Conditional Use Permit No. 1736 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The City Planning Commission recommends to the City Council that the subject project in the following listed zoning application be declared exempt from the requirement to prepare an Environ- mental Impact Report, pursuant to the provisions of the California Environmental Quality Act: Conditional Use Permit No. 1732 3. VARIANCE NO. 2953: Submitted by Bob D. and Beverly Thompson to permit an existing carport on RS-5000 zoned property located at 1341 Ashington Lane with certain code waivers. City Planning Commission Resolution No. PC77-151 denied Variance No. 2953. 77-930 City Hall~ Anaheim, California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. 4. VARIANCE NO. 2954: Submitted by Michael L. and Virginia L. Damato to permit an aviary on RS-7200 zoned property located at 801 South Cinda Street with code waiver of minimum structural setback. City Planning Commission Resolution No. PC77-152 denied Variance No. 2954. 5. CONDITIONAL USE PERMIT NO. 1723: Submitted by Beethoven Marina, Ltd., to permit on-sale beer and wine in a proposed restaurant on ML zoned property located at 2633 Woodland Drive. City Planning Commission Resolution No. PC77-150 granted Conditional Use Permit No. 1723. 6. CONDITIONAL USE PERMIT NO. 1725: Submitted by Golden West Equity Properties, to establish a private club on ML zoned property located at 1720 East Pacifico Avenue. City Planning Commission Resolution No. PC77-154 granted Conditional Use Permit No. 1725. 7. CONDITIONAL USE PERMIT NO. 1729: Submitted by Charles W. Wentworth, to establish board and care facility on RM-1200 zoned property located at 608 East Sycamore Street. City Planning Commission Resolution No. PC77-155 granted Conditional Use Permit No. 1729. 8. CONDITIONAL USE PERMIT NO. 1730: Submitted by Texaco, Inc., to permit out-door storage and repair of automobiles at a service station on CL zoned property located at 100 West Winston Road. City Planning Commission Resolution No. PC77-156 granted Conditional Use Permit No. 1730. 9. CONDITIONAL USE PERMIT NO., 1731: Submitted by James S. and Anna L. Morris, to permit on-sale beer and Wine in a restaurant on CL zoned property located at 408 South Brookhurst Street. City Planning Commission ReSolution No. PC77-157 granted Conditional Use Permit No. 1731. 10. CONDITIONAL USE PERMIT NO. 1732: Submitted by Carl and Doris Arthofer, to construct a motel on RS-A-43,000 zoned property located on the south side of Orangewood Avenue, west of Harbor Boulevard with certain code waivers. City Planning Commission Resolution No. PC77-158 granted Conditional Use Permit No. 1732 in part. 11. CONDITIONAL USE PERMIT, NO. 1736: Submitted by Adventure Inn, Inc., to establish automobile rentals at a service station on RS-A-43,000 zoned property located at 1400 South Harbor Boulevard. City Planning Commission Resolution No. PC77-153 granted Conditional Use Permit No. 1736. 77-931 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. 12. CONDITIONAL USE PERMIT NO. 1138 - TREE REMOVAL REQUEST AND AMENDMENT TO CONDITIONS: Petition requesting removal of 240 Eucalyptus trees along the east property line at property located between Esperanza Road and La Palma Avenue, east of Imperial Highway, was presented together with staff recommen- dation that conditions be amended to require construction of a 6-foot high block wall along the north property line. The City Planning Commission denied the tree removal request and continued for 6 months the staff request for amendment to conditions by the City Planning Commission. 13. ORANGE COUNTY FAMILY PLANNING CLINIC - CONFORMANCE WITH ANAHEIM GENERAL PLAN: Proposal to establish a family planning clinic at 1842 West Lincoln Avenue or 1655 West Broadway, submitted by Orange County General Services Agency, was determined to be in conformance with the Anaheim General Plan, by motion of the Anaheim City Planning Commission. 14. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: Request for negative declaration for Grading Plan No. 626 at 4536 Cerro Vista Drive was approved by the City Planning Commission. MOTION CARRIED. RECLASSIFICATION NO. 76-77-64 AND VARIANCE NO. 2951: Application by Ronald K. and Joan H. Ririe, and Lynn E. Thomsen, for a change in zone from RS-A-43,000 to RM-2400 to construct 3 duplexes on property located on the north side of La Palma Avenue, west of Onondaga Street with certain code waivers. Councilman Seymour explained that when he reviewed the resolution on the subject reclassification and variance, he noted that James L. Barisic was the agent. Since he did business with Mr. Barisic handling some sales of new houses outside of the City of Anaheim, he wanted to be certain that no conflict of interest was involved in his voting on the subject matter. Since it was ascertained that Councilman Seymour had no financial interest in the property, City Attorney Hopkins stated there was no conflict involved. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an EIR. MOTION CARRIED. The City Planning Commission, pursuant to Resolution Nos. PC77-148 and PC77-149, granted Reclassification No. 76-77-64 and Variance No. 2951 in part. No further action was taken by the Council thus upholding the action of the Planning Commission. CONDITIONAL USE PERMIT NO. 1441 - EXTENSION OF TIME: Submitted by Reverend Richard Vallandigham, for an extension of time for a non-denominational church on CG zoned property located at 138 West Lincoln Avenue. 77-932 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1977, 1:30 P.M. The City Planning Commission granted the extension of time to Conditional Use Permit No. 1441 retroactive to July 17, 1977 to expire October 17, 1977. Councilwoman Kaywood questioned whether or not the requested extension of time would cause the Redevelopment Agency to pay relocation costs since the church was located in the redevelopment area, or if the Agency had already done so. Also, if the property was needed sooner than the requested extension date, she wanted to know if it could be acquired without having to pay any penalties. She was reluctant to take any action on the matter if fees were involved. City Manager Talley stated that Executive Director Norm Priest recommended approval because the extension of time would in no way affect relocation costs, and although 90 days notice would have to be given, it was not anticipated that the Agency would need the property any sooner than 90 days. No further action was taken by the Council thus upholding the action of the City Planning Commission. VARIANCE NO. 2956 AND TENTATIVE TRACT NO. 9933: Submitted by Texaco Anaheim Hills, Inc., for a 25-1ot, 24-unit, RM-4000(SC) condominium subdivision on property located on the north side of Canyon Rim Road, west of Serrano Avenue, with code waiver of minimum building setbacks. The City Planning Commission, pursuant to Resolution No. PC77-160, recommended that a Negative Declaration be granted and granted Variance No. 2956. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council does hereby grant a Negative Declaration from the requirement to.prepare an environmental impact report for the subject property on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low-density residential land uses commensurate with the proposal; that no sensitive environmental elements are involved in the proposal, and the Initial Study submitted by the applicant indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing is on file in the. City of Anaheim Planning Department. MOTION CARRIED. The Council took no action on the Variance. TENTATIVE MAP~ TRACT NO. 9933: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the proposed subdivision, Tentative Map, Tract No. 9933, 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 petitioners stipulation to add seven (7) guest parking spaces as indicated and subject to the following conditions: 1. That the approval of Tentative Map of Tract No. 9933 is granted subject to the approval of Variance No. 2956. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 3. That all lots within this tract shall be served~by underground utilities. 77-933 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. 4. 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. 5. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office and City Engineer prior to City Council approval of the final tract map and, further, that the approved covenants, con- ditions, and restrictions shall be recorded concurrently with the final tract map. 6. 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. 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel map, to record the approved division of subject property, shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 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. That all private streets shall be developed in accordance with the City of Anaheim's standards for private, streets. 13. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 77-934 ~.ity Hall~ Anaheim~ California - COUNCIL MINUTES - August 9~ 1977~ 1:30 P.M. 14. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. ]5. That appropriate water assessment fees, as determined by the Director of p · ubl~c Utilities, shall be paid to the City of Anaheim prior to the issuance of a buildinR permit. 16. That the developer of subject tract shall enter into a Special Facilities A~reement with the City of Anaheim for water facilities in the HiRh Elevation System, as required by Rule 15B of the Water Utility Rates, Rules and ReRulations. 17. That development of subject property shall be in accordance with the require- ments of Fire Zone 4 on file at the Anaheim Fire Department. 18. 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. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 697 - TERMINATION: Submitted by American National properties requesting termination of Conditional Use Permit No. 697 to permit an existing service station on CL zoned property located at the southwest corner of La Palma Avenue and Harbor Boulevard. Councilwoman Kaywood offered Resolution No. 77R-567 for adoption terminating Conditional Use Permit No. 697 as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 77R-567: A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 697, AND DECLARING RESOLUTION NO. 65R-413 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-567 duly passed and adopted. 170: FINAL MAP~ TRACT NO. 8465: Developer, Robert P. Warmington Company of Irvine; Tract located on the south side of Canyon Rim Road, west of Serrano Avenue containing 38 RH'10,000 proposed zoned lots. On motion by Councilwoman Kaywood, seconded by Councilman Roth, 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. 8465, as recommended by the City Engineer in his memorandum dated July ~27' 1977 MOTION CARRIED. ' 77-935 City Hall, Anaheim, California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. 170: FINAL MAP, TRACT NO. 9482: Developer, Garden Park Homes of Newport Beach; Tract located on the south side of Riverdale Avenue, west of Lakeview Avenue containing 16 RS-7200 proposed zoned lots. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, 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. 9482, as recommended by the City Engineer in his memorandum dated July 26, 1977. MOTION CARRIED. 108: ORDINANCE NO. 3750: Councilwoman Kaywood offered Ordinance No. 3750 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3750: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 3.44.030 OF TITLE 3, CHAPTER 3.44 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 2.12 TO TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXES. 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. 3750 duly passed and adopted. ORDINANCE NO. 3751: Councilman Thom offered Ordinance No. 3751 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3751: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(82), C-R) 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. 3751 duly passed and adopted. ORDINANCE NO. 3752: Councilman Seymour offered Ordinance No. 3752 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3752: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (70-71-47(20), ML) 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. 3752 duly passed and adopted. 77-936 City Hall, Anaheim~ California - COUNCIL MINUTES - August 9, 1977~ 1:30 P.M. ORDINANCE NO. 3753: Councilwoman Kaywood offered Ordinance No. 3753 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3753: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-12, 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. 3753 duly passed and adopted. ORDINANCE NO. 3754: Councilman Seymour offered Ordinance No. 3754 for first reading. ORDINANCE NO. 3754: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-39(5), ML) 107: ANAHEIM ELECTRICAL CODE - AMENDMENTS: Councilman Seymour explained that in April 1977, the Council heard testimony and passed amendments relative to the City's Electrical Code. However, he had received a call inquiring about the amend- ments and subsequently the Building Department indicated the Code had not yet been amended. He, therefore, requested staff to investigate the matter and report back to the Council. 148: ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES - DUES STRUCTURE: Mayor Thom moved to support letter dated August 5, 1977 from Mayor Williams of the City of Garden Grove relative to the $500 minimum base formula for dues plus an appropriate assessment for each City. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood stated that she would not support anything that would dissolve the Orange County Division of the League of Cities, but the proposal as outlined in the letter ~ppeared to be a good compromise. A vote was taken on the foregoing motion and carried unanimously. 153: AFFIRMATIVE ACTION PROGRAM: Mayor Thom explained that one of the recommenda- tions made at the recent work session with the Orange County Human Relations Commis- sion was the formation of an Affirmative Action Board as recommended by the Commis- sion. Although the Mayor did not feel there was a need for another Board, he proposed that the job be given to the City's existfng Community Services Board who could monitor the program and subsequently make'recommendations to the Council. The Mayor thereupon moved that the Community Services Board be charged with the responsi- bility of being the monitoring body for the City's Affirmative Action Program. Before any action was taken on the motion, City Manager Talley explained that the City had just made an offer on the position of Affirmative Action Outreach Recruiter and suggested that input be received from that person as to the duties the Board might perform or possibly get reaction from staff since such action was not previously contemplated when the position was established. He further explained 77-937 ~ity Hail~ Anaheim, California - COUNCIL MINUTES - Ausust 9, 1977, 1:30 P.M. that the Recruiter would be in the City's employ in approximately three weeks and although he had not as yet met the Recruiter, who was a female, he had already asked her advice on one matter. He also noted that Amin David, a Commissioner on the Orange County Human Relations Commission, was on the Review Board thus providing a good deal of credibility relative to the successful candidate. No action was taken on the foregoing motion and instead, by general consent, the Council agreed to await input from the new Affirmative Action Outreach Recruiter and recommendations from staff. RECESS - EXECUTIVE SESSION: Councilman Roth moved to recess into Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:50 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (4:00 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Adjourned: 4:00 P.M. LINDA D. ROBERTS, CITY CLERK