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1977/11/01 77-1192 City Hall~ Anaheim, California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth DIRECTOR OF PUBLIC WORKS: Thornton Piersall ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT DIRECTOR FOR PLANNING: Phillip R. Schwartze TRAFFIC ENGINEER: Paul Singer DEPUTY CITY ATTORNEY: M. E. Slaughter PUBLIC INFORMATION OFFICER: Pat Whatley Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Paul Keller of Anaheim United Methodist Church gave the Invocation. FLAG SALUTE: Councilman John Seymour led the assembly in the Pledge of Allegiance to the Flag. PROCLAMATIONS: The following proclamations were issued by Mayor Thom and unanimously approved by the City Council: "Southern California Teen Challenge Week in Anaheim" - November 14-20, 1977 "Youth Appreciation Week in Anaheim" - November 6-12, 1977 MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the regular meetings held September 27 and October 11, 1977, were approved, subject to typographical corrections. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $428,642.81, in accordance with the 1977-78 Budget, were approved. 173: DIAL-A-RIDE: Request by Anaheim Citizens for Transportation Committee (ACT) regarding Dial-A-Ride service and a petition therefor. The City Clerk stated that a petition with 335 signatures had been received supporting the implementation of Dial-A-Ride service in Anaheim. 77-1193 qity Hali~ Anaheim, California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. The following people spoke in favor of instituting Dial-A-Ride and community fixed-route vehicles in Anaheim, as recommended by the Planning Department in memorandum dated October 25, 1977, which report was initiated at the request of ACT. Mr. Herb Eggett, 904 South Bruce, Chairman of the Transportation Committee of Orange County Senior Citizens Council, stated that there was a need for additional vans, not only for seniors, but also for handicapped persons not covered by Dial-A-Lift and indigent people who could not afford other modes of transportation. His committee worked closely with the Transit District who were cooperative and helpful. Dial-A-Ride was an ideal concept, but it was time-consuming and a matter of programming and funding to make it viable. He suggested, in order to alleviate the problem of implementation, that Dial-A-Ride be operated temporarily in con- junction with a Dial-A-Taxi service, thus precluding the need for purchasing additional equipment. A great assist could be afforded by more specifically defining a disabled or handicapped person and including in that category disabilities such as multiple sclerosis. He emphasized many people were disabled in ways which did not necessarily require a wheelchair. Before concluding, Mr. Eggett explained that to some extent there was a maintenance program under contract with the City relative to the vans used for the TLC Program, and he requested that at least, on a minor basis, the vans be tied in with the maintenance program instituted for City vehicles to insure that the vans were ~ cleaned inside and out on a timely basis. Mrs. Sonja Krupnikoff, 210 North Dale Street, Apartment G-i, urged the Council to implement Dial-A-Ride in the City. That was the thrust of her request in asking to address the Council in her letter dated October 6, 1977. She explained that there were many blind people in Anaheim who needed the service, not only to get to shopping centers and other necessary locations, but also to the Braille Institute. Due to budget limitations of the Institute, it was difficult for them to transport those who utilized the Institute for classes and the rehabilitation program, enabling those who were able to become a working citizen of the City. Bus transportation was impractical for many, and the possibility for help in the form of Dial-A-Ride would be of tremendous assistance to the blind. Mr. Bill Payne, 590 Broadway, spoke of his experiences as an Anaheim resident since 1910, the main thrust of his presentation also being the need for Dial-A-Ride in the Anaheim community where he estimated there were 20,000 people who would utilize the service. He considered it to be a necessity for those who could not or were unable to use other modes of transportation. It was important not only from the standpoint of using that means of transportation for necessities, but also to attend cultural activities, especially for the blind where no other means of trans- portation existed. Mr. John Ziegler, 2127 South Mountainview, urged the implementation of Dial-A-Ride as a vital assist, enabling the assurance that a handicapped person would be able to keep committed medical appointments. Mrs. Frances Scherman, 1396 Damon, President and representative of 4,500 senior citizens, explained that the petition with 335 names was submitted earlier on behalf of the City's older residents, many of whom had lost their driver licenses or experienced financial difficulty to maintain a car. She strongly urged and supported the implementation of Dial-A-Ride in Anaheim for senior citizens. 77-1194 City Hali, Anaheim, California - COUNCIL MINUTES - November ir 1977~ 1:30 P.M. Miss Toby Wiseman, 4255 East Bainbridge, stated that Dial-A-Ride was a necessary adjunct to existing bus transportation in the City. The Mayor then requested that the two members of the Orange County Transit District (OCTD) who were present to introduce themselves: Ms. Janice Lamb, Marketing Repre- sentative and Mr. Tom Jenkins, Staff Director of Planning and Engineering. Mr. Jenkins stated he appreciated the comments that were expressed, and as Mr. Eggett mentioned, they were presently looking at the definition used for the transporting of the handicapped people under Dial-A-Lift with the possibility of an expansion of that program to include other categories such as the groups represented at the meeting today. They were not ignoring the situation, and there were ongoing efforts in that direction. Support from local governing bodies would be of great assistance to them and would help ~n the OCTD Board's decision-making process. In answer to Councilwoman Kaywood, Mr. Jenkins explained that there were presently 12 vehicles utilized in the Dial-A-Lift program throughout the County. In the next three to four years, the expansion program would increase that number to 35 to 40 vehicles. He further explained that Dial-A-Lift or Dial-A-Ride could only schedule people at so many times and if wheelchairs were involved, the vehicles could accommodate only 3 to 5 individuals at once. If definitions were expanded to include individuals not using wheelchairs, the vehicles could hold approximately 15 people. They had also investigated the possibility of using taxi service, as suggested by Councilman Roth, and considered it to be a practical alternative if the definition of handicapped were changed or expanded. Thus, they would be able to utilize normal-type vehicles for the blind. Councilwoman Kaywood then asked where Dial-A-Ride was projected for Anaheim on the OCTD's schedule and also if the City could request a partic,~lar kind of bus trans- portation or time schedules, especially relative to the 1,000 petitioners who lived in the area of Modjeska Park who would need transportation to the new community center building at Brookhurst Park. Mr. Jenkins first explained that the OCTD Board had evaluated an intra-community service, and it was determined that Anaheim was the second most needy city in the County for improved public transportation as outlined in the City Planning Depart- ment's staff report dated October 25, 1977. Staff recommended that the western and central portion of the community be on a community fixed route basis similar to that of Buena Park and Westminster since the density of the population within the more developed portion was more conducive to that type of operation, and the lower density eastern portion be on a demand response basis. As well, the cost had to be considered, and the Board had not made any decisions as yet for Anaheim. Relative to transporting people from the Modjeska Park area to the new Community Center, that would have to be part of their regular fixed route system because buses could not be run for a particular group only. They were restricted in so doing by the legislature and their charter. They would try to do what they could and the sooner the request was placed with the District, the sooner they would handle it, but it would require at least 6 months to a year lead time. At the request of Councilman Seymour, Mr. Jenkins explained that regarding the time factor for the institution for some type of program to bring about a resolution to the transportation problem, it would take approximately a minimum of one year for the acquisition of a small bus, and for a larger bus, two and one-half years. This would 77-1195 ~ity Ha~]~ A~heim~ California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. involve programming through the Orange Country Transit Commission, SCAG and the Federal government who provided 80 percent of the capital funds for new vehicles. If some of the definitions of handicapped were expanded, it would possibly be easier to bring about a more expedient solution through arrangements, as suggested by Councilman Roth, utilizing taxi service to supplement the Dial-A-Lift/D~al-A-Ride Program. Thus, if an attempt was made to solve the problem in less than a year to 18 months, it would have to be done with existing vehicles as stated by Councilman Seymour. On motion by Councilwoman Kaywood, seconded by Councilman Kott, a letter was autho- rized to be sent from the City Council to the Board of Directors for the Orange County Transit District, supporting the implementation of Dial-A-Ride and Community Fixed Route vehicles in the City of Anaheim. MOTION CARRIED. RECESS - EXECUTIVE SESSION: By general consent, the City Council recessed into Executive Session. (2:22 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (2:32 P.M.) 153: SALARY RESOLUTIONS - RATES OF COMPENSATION FOR VARIOUS JOB CLASSES: (all rates effective October 14, 1977) Councilwoman Kaywood offered Resolution No. 77R-703. Refer to Resolution Book. RESOLUTION NO. 77R-703: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT, AND SUPERSEDING RESOLUTION NO. 76R-680 AND AMENDMENTS THERETO. 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-703 duly passed and adopted. Councilman Seymour offered Resolution No. 77R-704 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-704: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND SUPERSEDING RESOLUTION NO. 76R-308 AND AMENDMENTS THERETO. 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-704 duly passed and adopted. 77-1196 City Hall~ Anaheim, California - COUNCIL MINUTES - November 1~ 1977~ 1:30 P.M. Councilwoman Kaywood offered Resolution No. 77R-705 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-705: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR JOB CLASSES OF PLAN CHECK ENGINEER AND SENIOR PLAN CHECK ENGINEER AND AMENDING RESOLUTION NO. 77R-285. 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-705 duly passed and adopted. Councilman Thom offered Resolution No. 77R-706 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-706: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CONFIDENTIAL JOB CLASSES AND SUPERSEDING PORTIONS OF RESOLUTION NOS. 76R-674 AND 76R-681 AND AMENDMENTS THERETO. 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-706 duly passed and adopted. Councilman Seymour offered Resolution No. 77R-707 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-707: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED JOB CLASSES AND SUPERSEDING PORTIONS OF RESOLUTION NOS. 76R-674 AND 76R-681 AND AMENDMENTS THERETO. 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-707 duly passed and adopted. 174: COUNtrY OF ORANGE REVENUE SHARING GRANT: (expansion of services for downtown Drop-In Center) Councilman Seymour referred to joint memorandum dated October 25, 1977, from James Ruth, Director of Parks, Recreation and the Arts Department, and Norm Priest, Executive Director for Community Development, and asked Mr. Ruth his projection as to necessary expenditures in order to make the additional space to be utilized in conjunction with the Downtown Drop-In Center satisfactory for their needs. 77-1197 (jity Hall., Anaheim, (:alifornia - COUNCIL MINUTES - November 1~ 1977~ 1:_3~0 P_.~Mt Mr. Ruth stated that no additional City funding would be needed for operating c'xpenses and practically none for physical improw~ments since the proposed building was in good condition. Councilman Seymour offered Resolution No. 77R-708 for adoption, as recommended in memorandum dated October 25, 1977. Refer to Resolution Book. RESOLUTION NO. 77R-708: A RESOLUTION OF THE CI~ COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ACCEPTANCE OF FUNDS PURSUANT TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 77R-708 duly passed and adopted. 160: PURCHASE OF RECORDING EQUIPMENT FOR THE COUNCIL CHAMBER: On motion by Council- woman Kaywood, seconded by Councilman Thom, the purchase of four Telex cassette recorder players and six Craig cassette transcribers for the Council Chamber and City Clerk's office, in the amount of $2,045.80 to be taken from the Council Con- ---- tingency Fund, as recommended in memorandum dated October 26, 1977, from Thornton Piersall, Director of Public Works, was approved. MOTION CARRIED. 158: OFFER TO PURCHASE EXCESS LAND OW-NED BY THE STATE: (adjacent to and east of Anaheim Stadium - 7.09 acres) Mr. Thornton Piersall, Director of Public Works, briefed the Council on his memorandum dated October 26, 1977 relative to the subject State-owned property and the City's attempts to purchase th~ acreage. If approved, the requested action would initiate the first step in allowing the City to proceed with condemnation of the property, since undoubtedly the State would reject the City's $200,000 bid. However, it was required by State law to first make a formal offer and subsequently the State would have to reject it. The State did not agree with the City's appraisal, and they, in turn, came back with a figure of $345,000, or a $300,000 minimum if the property went to public bid. Mr. Piersall thereupon asked Deputy City Attorney M. E. Slaughter if he had anything to add from a legal standpoint. Mr. Slaughter wanted an opportunity to review the matter relative to the creation of indebtedness in a future tax year, although it had been suggested that a provision be imposed that if the offer were accepted, the City would not be obligated to pay that amount until July 1, 1978. Mr. Talley clarified that the problem was the City did not have a budget allocation of $200,000 in the current fiscal year if the State accepted the offer immediately. Thus, any agreement would stipulate that payment was due July 1, 1978. There was no doubt that the State would reject the offer, but if it was of concern to the Council, he would eliminate that consideration and expend the money from another fund. 77-1198 City Ha.~, Anaheim, California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. Further discussion followed relative to the property wherein Mr. Piersall clarified additional aspects of the matter for Council Members Kaywood and Kott. On motion by Councilwoman Kaywood, seconded by Councilman Thom, authorization was granted to submit a final offer to purchase excess land owned by the State adjacent to and east of Anaheim Stadium, estimated to contain 7.09 acres. MOTION CARRIED. 123 & 158: EASEMENT FOR EQUESTRIAN RIDING, HIKING AND BICYCLE TRAILS ACROSS CITY-OWNED SHORB WELLS PROPERTY: Councilman Kott offered Resolution No. 77R-709 for adoption, as recommended in memorandum dated October 18, 1977, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 77R-709: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE GRANT OF AN EASEMENT FOR EQUESTRIAN RIDING, HIKING AND BICYCLE TRAILS ACROSS CERTAIN CITY-OWNED PROPERTY TO THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT. 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-709 duly passed and adopted. 116: CITY NEWSLETTER: Relative to memorandum dated October 26, 1977, from Pat Whatley, Public Information Officer, regarding the City Newsletter, Councilwoman Kaywood stated she had always been in favor of the Newsletter as a valuable communi- cation tool between the Council, the City, and the citizens, but instead of three issues as recommended for the remainder of the 1977-78 Fiscal Year, that only two issues be published, one in January and the other at the end of April, May or June. Thereafter it could be incorporated into the next fiscal year. Councilman Roth reminded the Council that the former Public Information Officer stated that 80 percent of the news releases generated from his office were printed in the news media. Councilwoman Kaywood explained, however, that releases were printed in various newspapers; the Register covered approximately 60 percent of the population, the Anaheim Bulletin and the Times covered 25 percent each, with the Newsletter being the only means of complete coverage. It was Councilman Roth's opinion that the Council Members would be leaving them- selves open to criticism by reinstituting the City's Newsletter just before election, and he considered it more prudent if the first edition.was published May 1, rather than January 1, 1978. The Mayor stated the Newsletter was eliminated because the Council considered it to be ineffective and costly. If the City's new Public Information Officer was success- ful in establishing rapport with the working press and 80 percent of the news releases were printed, this would obviate the need for a newsletter. She should first be given the opportunity at least until the end of the fiscal year to ascertain how successful she would be in that respect. Otherwise, her efforts could be augmented 77-1199 City Ha].], An~heim~ California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. with a couple of editions of the Newsletter. On the other hand, he agreed with Councilman Roth that to publish the Newsletter at ~his point would have political ramifications and he did not feel comfortable in so doing. Further Council discussion followed, at the conclusion of which, Councilman Seymour stated at the last budget session he wanted to eliminate the Newsletter because he d~d not consider it to be a necessary expenditure of tax funds and was presently satisfied with the coverage received from the press. An excellent and low cost method for cormmunicating with Anaheim's citizens whi~:h the City had nor yet begun ~o exploit was the use of "stuffers" in utility bills which were mailed with ~:on- sistency six times a year. His concern was topics, and individual messages be communicated through the tool available in the utility billing system. T~ereupon, Councilman Seymour moved that the $18,711 budgeted for the City Newslett~r be ~rans- ferred to the Council Contingency Fund, thus precluding publication of the City Newsletter for the balance of the fiscal year. Councilman Roth seconded the motion. MOTION CARRIED. 105 & 140: APPROVAL OF LOCATION OF PROPOSED HILL AND CANYON BRANCH LIBRARY - SITE NO. 7: (continued from June 20, 1977) On motion by Councilman Thom, seconded by Councilman Seymour, the Library Board recommendation to locate the p~oposed Hill and Canyon Branch Library to the east of Via Cabril]o (Site No. 7) was approved, as recommended in letter dated October 21, 1977, from library Board Chairman Elizabeth Schultz. MOTION CARRIED. RECESS: By general consent, the City Council recessed for five minutes. (3:00 P.M AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3:05 P.M.) 107: PUBLIC HEARING - HOUSE MOVING PERMIT: Application by Nellie Rule, requesting a permit to move a dwelling structure from 211 South Claudina to 1222 West Pearl Street. The Mayor asked if anyone wished to speak either in favor or in opposition.' Mr. Steve Davey, 1232 Pearl Street, spokesman for the Pearl Street residents, ex- plained that approximately three months prior they had come before the City relative to the applicant's request to put six apartments on Pearl Street. At that time, it was determined Ms. Rule was trying to overbuild and with substandard units. Although the move-on request was to change the structure back into a single-family residence, it appeared to the residents that Ms. Rule was trying to get her six units in another way since the house was presently divided into four separate apartments. The home she owned next door to her own was being used as a rental as well as the garage, and the garage residents were using the middle of the alley for parking. Her properties had not been upgraded at all since she moved in. The neighbors were concerned if she could not take care of the two small houses she now owned, they did not know how she could do so with something larger. They did not want to see the problem compounded by the move-on. Even if the house was turned back into a single-family residential unit, the property would still be overbuilt. The area was designated for medium density, and condominiums and large apartments had been built at the end of the street. In their opinion the neighborhood had now gone as far as it could go with the medium density designation. The residents were also concerned over the differing stories relative to exactly what was being proposed. In finality, they were asking that the permit to move the house onto the Pearl Street property be denied for the foregoing reasons. 77-1200 City Ha].l~ Anaheim, California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. Faye Miller, 1219 Pearl Street, submitted a recent photograph to the Council that was taken of Ms. Rule's property next to her own, depicting a neglected ]awn and a pick-up truck parked thereon. She also stated that on numerous occasions the property was used for a body shop, producing loud and disturbing noises. It appeared the tenants did not care about the community as much as the rest of the residents who had lived in the neighborhood for some time. She was opposed to granting the permit for the house move-on. At this point, approximately 10 to 12 members of the audience stated they were all there in opposition to the applicant's request. Hazel Werner, who resided at the corner of Pearl and Carlton Streets, stated that the condominiums and apartments that were located at Pearl and Wilshire were very well landscaped, and they did not look like oversized apartments because they were dug out, each unit having two parking spaces in a garage. Yet, there were still extra cars parked on the street. She was concerned that the proposed move-on would add to the existing parking problems. Ms. Nellie Rule, 1222 West Pearl, applicant, stated that in her application to the Building Department, she showed how she intended to restore the Cahen (Schuster) house back to a single-family residence and she had no intention of converting it into apartments. When the neighbors opposed her previous apartments, she understood they did not want new, modern, high-rise apartments on the property. Thus, she felt by taking an old historical house, restoring it, and living in it would be acceptable. Concerning her present property, she did not want to put additional capital into it because the house she lived in was too small for her family, there was nothing of value in it, and it needed upgrading. Instead, she preferred to invest her capital in the Cahen house. She did not consider her family's standard of living to be the question in the matter; she was merely asking permission to move the house onto her property and upgrade it. She also confirmed for Councilman Roth that no one was living in the garage as stated, and the reason the alley was used for parking was due to the fact there was insuf- ficient parking on the street. Ms. Rule then answered several questions posed by the Council: On one of her lots, there was a house and a garage, on the other a two-bedroom house occupied by her family with no garage. The Cahen house would be placed on the lot containing the two-bedroom home which would be demolished to make room. She had not yet bid on the Cahen house awaiting a decision as to whether or not a move-on permit would first be granted. The cost estimate to restore the house to Code standards was $21,654, and as confirmed by staff from a zoning analysis made on the site, which would necessitate removing all existing structures, Code requirements could be satisfied. The Mayor then asked the City Attorney for confirmation relative to a City ordinance stating that if a certain number of people in an area objected to a move-on permit, the City Council could not approve the permit. Councilman Roth stated it was 51 percent of the street residents. 77-1201 ~ity. Hall, Anaheim, California - COUNCIL MINUTES - November 1~ 1977~ 1:30 P.M. City Attorney Hopkins indicated that was correct, but he would have to refer to the exact citation. Discussion followed regarding the number of residents on Pearl Street wherein it was ascertained there were 18, and 10 of those objected to the move-on. bls. Rule inter~ected that there was also a second matter before the Council requesting (]ity payment of costs of moving the subject dwelling, and she asked to have it with- drawn. Mr. Scott Storm, 1216 West Pearl, the resident adjacent to Ms. Rule, explained that he drew up the plot plans and floor plans for the proposed project, and beta,se the present house on the lot was 30 years old, it was not worth saving. However, the Cahen house had many amenities worth preserving. It was made of redwood, had stained glass windows imported from Europe approximately 100 years old, a fireplace of mahogany, imported tiles from Italy, and historically it was worth saving as attested by discussions he had with various people, as well as the Historical Society. After restoration, it would be a beautiful addition to the neighborhood and they proposed to conduct public tours twice a year through the house. Mr. Storm con- tinued that it was his opinion the neighbors were not aware of the input of the project, and although it was a 23-room house, the rooms were small. At present, it was set into apartments, but when the house was brought back up to Code, it would not be used for apartments. He was involved because his father was financing the ~ move, and as well, he (Mr. Storm) was going to be using his labor to restore the house both inside and out. Further, he would be occupying the house with his wife, three children and a couple of animals. The neighbors were not aware of their plans for the house and he had not made an attempt to contact them previously. It was only the prior evening when he found out that one-half of the block was opposed to the move-on. Councilman Seymour asked for clarification that Mr. Storm was also going to occupy a portion of the house when it was restored. Mr. Storm stated that was correct; he and his family would occupy the house, and there was more than enough room to accommodate both families. However, that would take place only until the house could be brought up to an appraisal to put a first mortgage on it to acquire the money to restore it to a single-family residence which would take about one year's time. Until then, the two families had to occupy the house during restoration. He also clarified that he and his family had known Ms. Rule for 15 years. Councilman Seymour also ascertained from Mr. Storm that he was living in the house that was photographed with the truck and camper on the front lawn, the reason being they did not have a driveway, and the garage was used for a recreation room. However, if that matter had a bearing on whether or not the house could be moved in, he (Mr. Storm) invited the City Inspector to now come and inspect the site. Ms. Rule clarified that the two families would not be living together as in an apartment situation, but they would share a common living room, dining room and kitchen. There being no further persons who wished to speak, the Mayor closed the public hearing. 77-1202 City Hal's, Anaheim, California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. Councilman Seymour stated that a number of things had to be considered, one being the house moving permit which he was not prepared to approve until such time as he knew specifically what the property was going to contain. If it was going to be more than a single-family residence, then he would oppose it whether or not it was on Pearl Street or any other street in the City. The City should do whatever it could financially and otherwise to insure the home was properly restored, not to its current configuration, but back to its original construction when it was totally a single-family residence without add-ons, apartments, etc. His primary concerns were (1) credibility of the applicant being able to restore the house and (2) what it would be like when it was finished. The main motivation should be to preserve history, and he encouraged Ms. Rule or anyone else who wanted to bid on the residence to submit a proposal along with the bid. Councilman Seymour thereupon offered Resolution No. 77R-710 for adoption, denying the house moving permit request. Before a vote was taken, Councilman Roth stated he would support the resolution because the ordinance was clear that a simple majority of the residents would have to be in support of the move no matter what situation existed and the first require- ment would be to gain the 51 percent support needed. The Mayor agreed that was the essence of the problem, and recommended that what- ever Ms. Rule decided to do relative to the Cahen house (Schuster) that she gain the acceptance of the neighborhood beforehand. It was evident that effort had not been made, thus causing considerable doubt. If the residents were convinced that the property would be an enhancement to the neighborhood, he was certain they would support her efforts, but otherwise denial was the only course of action at present. A vote was then taken on the foregoing resolution offered by Councilman Seymour. Refer to Resolution Book. RESOLUTION NO. 77R-710: A RESOLUTION OF THE CItY COUNCIL OF THE CITY OF ANAHEIM DENYING A HOUSE MOVING PERMIT TO NELLIE RULE TO MOVE A DWELLING HOUSE TO 1222 WEST PEARL STREET, ANAHEIM, CALIFORNIA. 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-710 duly passed and adopted. The Mayor also clarified for those in the Council Chamber that Ms. Rule could apply again, and he encouraged her to do so, however, only after apprising the residents on Pearl Street as to specific plans. 107: FREDERICK LITTLE HOUSE: (continued from October 18, 1977) Mr. Glenn Fry explained during the two weeks continuance of the matter he evaluated the situ- ation further, and in was concluded nothing could be done with the subject house, and the City was right in their report. He would not request additional time in which to save the house because the main problem would be attempting to bring it up to Code. As an aside, however, and from a commercial standpoint, Mr. Ulvestad asked him to convey that he was extremely interested in working in a direct loan capacity or outright purchase, move, rehabilitation and sell capacity, either person- ally or through Anaheim Savings and Loan, on as many of these houses as possible, 77-1203 ~ity Hall, Anaheim, C~]ifornia - COUNCIL MINUTES - November 1, 1977~ 1:30 P.M. working through the Council or present owner or whatever the case may be. That offer did not apply to the Little house as questioned by Councilwoman Kaywood. The Schuster (Cahen) house was worth preserving but the Little house was not worth preserving from the beginning. MOTION: Councilman Roth moved that the City expend the estimated cost of $850 to tear the house down. Councilman Thom seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if the possibility of [~ving someone dismantle the house for the wood at no cost to the City was invest~gat~.d since she was asked about that possibility. Councilman Roth contended that would then be a problem for discussion because of the possible liability involved if someone were allowed to tear it down other than a wrecking company. James Maddox, City Engineer, stated that his report of October 12, 1977, :indicated the cost for dismantling was $1,150 and $850 was to tear it down. If torn down, then damage to the pavement had to be considered. They also considered the possibility of having someone take it and pay the City, as well as at no cost, but no one was willing to accept either alternative -- $1,]_50 was the best estimate. Councilman Roth modified his motion to $1,150 to be allocated from the Council Contingency Fund. A vote was then taken on the motion and carried unanimously with the stipulation that the Frederick Little house be demolished as quickly as possible. MOTION CARRIED. Councilwoman Kaywood requested that the record reflect Mr. Fry's statement that there was no value to the house and they were no longer interested in it. 123: AMENDMENT OF SERVICES IN CONTRACT WITH GALBRAITH AND GREEN, INC.: Staff requested one week's continuance of the subject. Councilman Kott stated he had researched the matter and was concerned first with the fact that Galbraith and Green (G&G) retained the interest that was due the City until it was discovered, and secondly, he checked with the Orange County Medical Association (OCMA) and found that they had begun to charge for peer review although they only charged insurance companies and not individuals. There was an increased number of reviews requested by certain companies, not that more companies were requesting it. Thus, a $50 charge was initiated by OCMA to discourage the practice. However, this charge was not a deterrent, and they were thinking of increasing the amount even further. He took issue with insurance companies who consistently called for peer review because the individual who had the insurance should have the freedom of choice to go wherever be wanted. When an insurance company would not pay, that choice was narrowed, and he maintained those companies were supposed to provide service. Thus, he did not favor the amendment with Ga]braith and Green without a bid proposal because of the interest matter, and the second principle as articulated to which he was vehemently opposed. City Manager Talley explained that the Council requested all City expenditures be subject to audit, and G&G was retained to be the City's disbursing agent, not an insurance company, but a service agent. As part of an audit review, it was found that the City was transferring money to them that they were not using immediately, but instead were earning interest thereon. When this was brought to the attention of G&G, they agreed to reimburse the City accordingly. 77-1204 City Hall~ Anaheim, California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. Relative to the peer review, when they (G&G) felt charges were substantially in excess of what they considered reasonable, they sent it out for peer review; how- ever, if the Council wished, they could disallow the practice. Then, for example, if a charge was submitted for $1,000 and it was felt it should only be $500 with- out provision for adjustment, all costs would be borne by the City as stipulated under the program. Galbraith & Green considered the peer review to be a method of keeping the City's costs down as an employer. Staff would be prepared to report further at the next meeting unless the Council directed that peer review be eliminated. An additional item, the $2,000 for preparation of the Official Plan document, as a result of Councilman Kott's request and the City Attorney's assistance, there was a strong possibility that the forthcoming staff report would also indicate the City would not have to pay that amount because the contract did not specifically speak to that item. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the amendment to the service contract with Galbraith and Green was continued for one week. MOTION CARRIED. 169: AWARD OF CONTRACT - LINCOLN AVENUE MEDIAN ISLAND STREET IMPROVEMENT, EUCLID TO WESTERN: (Project No. 13-4309-724-16-1000) The City Clerk first briefed the Council on memorandum dated October 31, 1977, from the City Attorney, which dis- cussed a letter received from J. Frank Artukovich Construction Company alleging deceitful practices by Leonite Concrete, Inc., on the subject bid project. The essence of the memorandum stated the bid by Leonite was a valid one and the allega- tions by Artukovich remained a matter of private litigation and proof between Artukovich and Leonite. Councilman Roth offered Resolution No. 77R-711 for adoption, as recommended in memorandum dated October 21, 1977, from the City Engineer. RESOLUTION NO. 77R-711: 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 PALNT, 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: LINCOLN AVENUE MEDIAN ISLAND STREET IMPROVEMENT, EUCLID TO WESTERN, IN THE CITY OF ANAHEIM, PROJECT NO. 13-4309-724-16-1000. (Leonite Concrete, Inc., $249.460) 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-711 duly passed and adopted. 160: PURCHASE OF EQUIPMENT - MISCELLANEOUS FURNITURE - BID NO. 3318: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the low bid of McMahan Desk Company was accepted and purchase authorized in the amount of $29,756.41, including tax, as recommended in memorandum dated October 25, 1977, from the Purchasing Agent. MOTION CARRIED. 77-1205 ~ity Hall, Anaheim, California - COUNCIL MINUTES - November 1, ]977~ 1:30 P.M. ]60: PURCHASE OF EQUIPMENT - ONE USED VEHICLE - BID NO. 3319: On motion by Councilman Kott, seconded by Councilman Roth, the bid of Hertz Corporation was accepted and purchase authorized in the amount of $4,287.70, including tax, as recommended in memorandum dated October 26, 1977, from the Purchasing Agent. MOTION CARRIED. 123: GOLF DRIVING RANGE AT H. G. "DAD" MILLER MUNICIPAL GOLF COURSE: (Account No. 33-4309-981-21-9001) On motion by Councilman Kott, seconded by Councilman Roth, award of contract on ~he Golf Driving Range at H. G. "Dad" Miller Municipal Coif Course was continued to November 15, 1977, as recommended in memorandum dated October 26, 1977, from the City Engineer. MOTION CARRIED. 108: APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman R~th, seconded by Councilman Thom, Application for Solicitation of Charity Fund~ from the Orange County Jewish War Vet Post & Auxilliary #760 U.S.A., for sale of poppies November 4 through 11, 1977, was approved. MOTION CARRIED. 108: ROOM TAX AUDIT - LINCOLN PALMS MOTEL: Request by Jean A. Smith, Executable Manager, to discuss room tax audit of the Lincoln Palms Motel, 1600 East Lincoln Avenue. Mr. Young Choi, Audit Supervisor, explained tha~ a City audit was conducted on the Lincoln Palms Motel for the 3-year period, 1974-]977, and it was found that an additional $795.30 was due the City, mainly as a result of an incorrect accounting procedure deducting credit card expenses from the room revenue for the purpose of tax reporting. Also levied was a penalty of $373.88, at the rate of 10 percent a month up to the maximum of 50 percent under the City's new ordinance. Although Mr. Singer, owner of L~ncoln Palms, agreed with the City's audit findings and was amenable to paying the $795.30 additional tax, he took exception to the penalty imposed. Mr. Bob Singer, 2692 Main Way Drive, Los Alamitos, (business address, 1600 East Lincoln Avenue) first complimented the City on both Mr. Choi and Mr. Gluck as being excellent representatives. He started in business in 1974 and his books were audited for 1974 through July 1977. There was a misinterpretation of the ordinance in the way they handled their credit cards which he explained, thus resulting in additional amounts owed the City in 1974, $48.50; 1975, $94.21; 1976, $118.82, and 1977, $553. Of the $553, $350 to $400 was due to an error in placing that amount under miscellaneous income when in actuality, it was room rent. He took issue with the fact that on the total liability of $795.30, most of which occurred in March 1977, a penalty of 50 percent was levied on the entire amount. He con- sidered his establishment to have been unduly taxed at the 50 percent maximum, instead of 10 percent which would be more fair and equitable. As well, an annual audit would have rectified the situation sooner. There was no malicious intent, and as Mr. Choi could verify, their books were well kept and no problems were encountered in substan- tiating the account. He urged the Council to give sincere consideration to the matter before assessing such an excessive penalty. Mr. Choi verified Mr. Singer's statements relative to the kinds of errors that were made on a consistent basis. However, if the penalty should be waived, it would be difficult for the City to enforce the municipal ordinance because it would be based on intent, and it would be difficult to make a judgment as to whether or not errors were intentional. 77-1206 ~ity Hall, Anaheim, California - COUNCIL MINUTES - November ir 1977~ 1:30 P.M, Councilman Seymour agreed that the best course of action would be to have staff audit on an annual basis, but such audits were expensive, and other auditors billed owners for the costs to do so. He did not think Mr. Singer would be interested in paying for an annual audit and he also maintained that the annual audit con- cept was totally impractical from the City's standpoint. The alternative was to employ a minimum number of staff and spotcheck, knowing there would be some people not paying the tax due. To insure that everyone conformed, the penalty had to be an onerous one. He explained for Mr. Singer, that the penalty previously was 100 per- cent maximum and now a request was being made to reduce it further than the new maximum of 50 percent and he (Seymour) could not agree with that request. The new line had been drawn and should be strictly maintained. The Mayor understood the point Mr. Singer was making, but he explained that the Council had considered several similar incidents with other hotel-motel owners involving considerably larger amounts of money when the maximum was 100 percent. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the appeal by Lincoln Palms Motel to waive a penalty of $373.88 levied at a maximum 50 percent on the additional room taxes found through a City Audit, was denied, and the penalty was to stand as assessed. 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 State Farm Mutual Automobile Insurance Company (Allan Secof, insured) for vehicle damages purportedly sustained as a result of a collision with a divider (Brookhurst Street north of Chapman) on or about July 23, 1977. b. Claim submitted by David C. Irwin for loss of food purportedly sustained as a result of electricity turn-off on or about October 20, 1977. APPLICATION TO PRESENT LATE CLAIM: The following Application to Present Late Claim was denied: a. Application to Present Late Claim submitted by Phyllis Williams for personal injuries purportedly sustained as a result of actions by Anaheim Police on or about June 29, 1977. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 102: Orange County Vector Control District - Minutes of September 15, 1977. b. 105: Community Center Authority - Minutes of October 17, 1977. c. 105: Community Redevelopment Commission - Minutes of October 12, 1977. d. 105: Library Board - Minutes of September 19, 1977. 77-1207 City Hall, Anaheim, California - COUNCIL MINUTES - November 1~ 1977~ 1:~0 I~.M, e. 140: Monthly report for September 1977 - Library. f. 175: Before the PUC, Application of Western LNG Terminal Associates, Appli- cation No. 57626, Notice of Filing of Application, Order Instituting Investigation and Notice of Prehear~ng Conference. g. 175: Before the PUC, Application No. 57587 of Southern California Edison Company for authority to modify its energy cost adjustment clause to increase its energy cost adjustment billing factor. 3. 108: APPLICATION - AMUSEMENT DEVICES PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police: a. Amusement Devices Permit to allow a cocktail table-type pinball machine at each of the following locations: Humdinger, 2660 West Lincoln Avenue; Granada Inn, 2383 West Lincoln; Linbrook Inn, 2162 West Lincoln; and Mitla Mexican Restaurant, 1750 West Lincoln Avenue. (Helga Irma Reinicke, applicant) MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 77R-712 through 77R-719, 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-712: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Rovi Pacific Realty Corporation and Jerry Marks, et ux.) 174: RESOLUTION NO. 77R-713: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~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: LINCOLN AVENUE MEDIAN ISLAND IMI~ROVEMENT, EUCLID STREET TO KNOTT STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 900, EDA PROJECT NO. 075101059. ACCOUNT NO. 17-4309-724-16-0900. (Acme Sprinkler) 176: RESOLUTION NO. 77R-714: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (77-5A) (east of Euclid Street, north of Romneya Drive, public hearing set for November 22, 1977, 3:00 P.M.) 176: RESOLUTION NO. 77R-715: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS. (77-6A) (south of Ball Road, east of East Street, public hearing set for November 22, 1977, 3:00 P.M.) 176: RESOLUTION NO. 77R-716: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN PUBLIC SERVICE EASEMENTS~, (77-8A) (west of Blue Gum, south of Gretta Lane, public hearing set for November 22, 1977, 3:00 P.M.) 77-1208 City Ha]_]..~ Anaheim~ California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. 123: RESOLUTION NO. 77R-717: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: EQUIPMENT AND STRUCTURE FOUNDATIONS AT YORBA SUBSTATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 32-4803-611- 52-6395; 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 November 23, 1977, 2:00 P.M.) 151: RESOLUTION NO. 77R-718: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHO- RIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH MAYER CONSTRUCTION CORPORATION, A CALIFORNIA CORPORATION. (76-22E) 151: RESOLUTION NO. 77R-719: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PERMIT AND AUTHO- RIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID ENCROACHMENT PERMIT WITH LUCAS DEVELOPMENT. (77-6E) 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-712 through 77R-719, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 10, 1977, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 77-78-3 AND VARIANCE NO. 2957: Submitted by Myron and Kayle Simon, Stanley L. Rosen, for a change in zone from RS-7200 to RM-1200 to construct an 18-unit apartment complex on property located at 1334 West La Palma Avenue with certain code waivers. The foregoing reclassification and variance were withdrawn at the request of the applicant. 2. RECLASSIFICATION NO. 77-78-19: Submitted by Joseph and Atla Migliore, for a change in zone from CL to RM-1200 on property located at 706 West Orangewood Avenue. The City Planning Commission, pursuant to Resolution No. PC77-213, granted Reclassification No. 77-78-19 and granted negative declaration status. 3. RECLASSIFICATION NO. 77-78-20, VARIANCE NO. 2968 AND TENTATIVE TRACT NO. 10102: Submitted by California Towel & Linen Supply Company, George and L. Kenneth Heuler, et al, for a change in zone from RS-A-43,000 to RM-4000 to establish a l-lot, 53-unit condominium subdivision on property located on the north side of La Palma Avenue, east of Euclid Street with code waiver of minimum building site area. 77-[209 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 1, 1977, 1:30 The City Planning Commission, pursuant to Resolution Nos. PC77-214 and PC77-215, granted Reclassification No. 77-78-20 and Variance No. 2968, and granted negative declaration status, and approved Tentative Tract No. 10102. 4. CONDITIONAL USE PERMIT NO. 1741: Submitted by Bank of America National Trust and Savings Association, to permit an automobile repair shop on CG zoned property located at 421 West Chapman Avenue. The City Planning Commission, pursuant to Resolution No. PC77-216, granted Condi- tional Use Permit No. 1741 and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 1742: Submitted by Albertson's Inc., to permit a drive-through restaurant on CL zoned property located at 600 South Brookhurst Street with certain code waivers. The City Planning Commission, pursuant to Resolution No. PC77-217, granted Condi- tional Use Permit No. 1742, in part, and granted negative declaration status. 6. CONDITIONAL USE PERMIT NO. 1745: Submitted by Randall R. and Roselynne A. Bivens and William D. and Yolanda Roberson, to permit a three-story, 27-unit motel on ML zoned property located on the east side of State College Boulevard, south of Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC77-218, granted Conditional Use Permit No. 1745 and granted negative declaration status. 7. CONDITIONAL USE PERMIT NO. 1751: Submitted by Solomon and Clara J. Kandel, to permit a three-story, 38-unit motel on CL zoned property located at 2255 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC77-219, granted Conditional Use Permit No. 1751 and granted negative declaration status. 8. CONDITIONAL USE PERMIT NO. 1752: Submitted by James M. Perumean and John P. Conlon, to permit a custom painting and van conversion facility on ML zoned property located at 1440 Daly Street. The City Planning Commission, pursuant to Resolution No. PC77-220, granted Condi- tional Use Permit No. 1752 and ratified the Planning Director's categorical exemption determination. 9. CONDITIONAL USE PERMIT NO. 1753 AND EIR NO. 89 (SUPPLEMENT NO. 3): Submitted by Anaheim Memorial Hospital Association, to expand an existing hospital on CO zoned property located at 1111 West La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC77-221 granted Condi- tional Use Permit No. 1753, and certified EIR No. 89, Supplement No. 3, as being in compliance with City and State Guidelines and the State of California Environ- mental Quality Act. 77-1210 City Hal~ Anaheim California - COUNCIL MINUTES November 1~ 1977, 1:30 P.M. 10. CONDITIONAL USE PERMIT NO. 1754: Submitted by Stuart Alan Messnick, to expand an existing drive-through restaurant on CL zoned property located at 2144 South Harbor Boulevard with code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC77-222, granted Condi- tional Use Permit No. 1754 and ratified the Planning Director's categorical exemption determination. il. RECLASSIFICATION NO. 77-78-12 - APPROVAL OF REVISED PLANS: Request by Bland and Shirley S. Huffman, requesting for approval of revised plans for a 17-unit apartment complex on proposed RM-1200 zoned property located on the north side of Western Avenue, north of Ball Road. The City Planning Commission approved revised plans for Reclassification No. 77-78-12. 12. CONDITIONAL USE PERMIT NO. 1427 - APPROVAL OF SPECIFIC PLANS: Request by Dunn Properties Corporation, for approval of specific plans for a bank building on ML zoned property located at the northeast corner of Katella Avenue and State College Boulevard. The City Planning Commission approved specific plans for Conditional Use Permit No. 1427. 13. CONDITIONAL USE PERMIT NO. 1732 - APPROVAL OF REVISED PLANS: Request by Cal and Doris Arthofer for approval of revised plans for a 50-unit motel to a 64-unit motel on proposed CL zoned property located on the south side of Orangewood Avenue, west of Harbor Boulevard. The City Planning Commission approved revised plans for Conditional Use Permit No. 1732. 14. TENTATIVE TRACT NO. 8154 (CITY OF ORANGE): Submitted by John D. Lusk & Son, 322-1ot subdivision map with the City of Orange, proposed subdivision does not indicate proposed Via Escollo crossing subject area, whereas the adopted Canyon Area General Plan shows Via Escollo directly connecting as a secondary between Meats Avenue and Nohl Ranch Road. The City Planning Commission determined that Tentative Tract No. 8154 is not in compliance with the adopted Canyon Area or Circulation Element of the Anaheim General Plan. 15. ENVIRONMENTAL IMPACT REPORT NO. 206: Proposed Hidden Canyon Reservoir and pumping station to be located southeasterly of the intersection of Serrano Avenue and Hidden Canyon Road. The City Planning Commission certified Environmental Impact Report No. 206 as being in compliance with City and State Guidelines and the State of California Environmental Quality Act. No action was taken on the foregoing items, thus upholding the actions of the City Planning Commission. 77-1211 ~ity Hall, Anaheim, California - COUNCIL MINUTES - November 1~ 1977~ 1:30 CONDITIONAL USE PERMIT NO. 1585 - EXTENSION OF TIME: Submitted by Anthony D'arcy, Coldwell Banker, requesting an extension of time to establish a lumberyard on RS-A-43,000 zoned property located on the north side of La Palma Avenue, west of Imperial Highway. After clarification by staff relative to the petitioner's request for an extension of time, Councilman Kott moved that the request be granted to expire December 8, 1978. Councilman Seymour seconded the motion. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1441 - EXTENSION OF TIME: Submitted by Theodore Frahm, requesting an extension of time for a non-denominational church at 138 West Lincoln Avenue. Following clarification, on motion by Councilman Kott, seconded by Councilman Thom, the action of the City Planning Commission was upheld, granting a two-week extension of time on the subject conditional use permit, expiring October 31, 1977. MOTION CARRIED. VARIANCE NO. 2948 - REVISED PLAN: Submitted by Robert D. Haugaard, architect, re- questing approval of revised plans of vehicular circulation and parking plan for a proposed commercial building on CL(SC) zoned property located on the northeast corner of Santa Ana Canyon Road and Imperial Highway. Councilman Seymour stated that since he had a leasehold interest in the subject center, he would abstain from discussion and voting on the matter. On motion by Councilman Roth, seconded by Councilwoman Kaywood, revised plans on Variance No. 2948 were approved as recommended by the City Planning Commission. Councilman Seymour abstained. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1616 - TERMINATION: Submitted by Warren Lefebvre, Imperial Properties, requesting termination of Conditional Use Permit No. 1616 to permit a drive-through restaurant and three commercial buildings on CL zoned property located on the north side of Santa Ana Canyon Road, east of Imperial Highway. Councilman Seymour abstained from discussion and voting on the subject matter since he had a leasehold interest in the subject center. Councilman Roth offered Resolution No. 77R-720 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-720: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1616 AND DECLARING RESOLUTION NO. 76R-379 NULL AND VOID. 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-720 duly passed and adopted. 77-1212 City Ha]l~ Ar~aheim, California - COUNCIL MINUTES - November 1~ 1977, 1:30 P.M. 149: MINIMUM OFF-STREET PARKING DIMENSIONS - AMENDMENT: Request submitted by the Traffic Engineer for an amendment to Resolution No. 67R-75, Minimum Off-Street Parking Dimensions, adding a general note to Exhibit "A", specifying which parking bays may dead-end and indicate the end stall treatment in dead-end bays. The City Planning Commission recommended approval. Councilman Roth offered Resolution No. 77R-721 for adoption. Refer to Resolution Book. RESOLUTION NO. 77R-721: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ~MENDING EXHIBIT "A" OF RESOLUTION NO. 67R-75 RELATING TO MINIMUM OFF-STREET PARKING DIMENSIONS. 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-721 duly passed and adopted. 170: FINAL MAP - TRACT NO. 9752: Developer, Birchridge Estates of Newport Beach; Tract located south of Nohl Ranch Road, east of Imperial Highway, containing 57 RS-HS-10,O00 zoned lots. On motion by Councilman Seymour, seconded by Councilman Roth, the proposed sub- division, 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. 9752, as recommended by the City Engineer in his memorandum dated October 25, 1977. MOTION CARRIED. ORDINANCE NOS. 3781 AND 3782: Councilman Seymour offered Ordinance Nos. 3781 and 3782 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3781: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-10(2), CH) 170: ORDINANCE NO. 3782: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.08.071 OF TITLE 17, CHAPTER 17.08, OF THE ANAHEIM MUNICIPAL CODE RELATING TO WAIVER OF PARCEL MAP REQUIREMENTS. (authorization to the City Engineer) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Ordinance Nos. 3781 and 3782 duly passed and adopted. 77-1213 _C_ity Hall., Anaheim, California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. ORDINANCE NOS. 3783 THROUGH 3785: Councilman Kott offered Ordinance No. 3783 through 3785, both inclusive, for first reading. ORDINANCE NO. 3783: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3767, NUNC PRO TUNC. (to correct a clerical error; requiring Conditional Use Permits for massage establishments and figure model studio establishments) ORDINANCE NO. 3784: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (67-68-100(3), CL) ORDINANCE NO. 3785: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-10, CL) 105: APPOINTMENT TO MOTHER COLONY HOUSE ADVISORY BOARD: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, Ms. Colleen Boshell was appointed to serve on the Mother Colony House Advisory Board. MOTION CARRIED. 120: COMPLAINT - CHICKENS IN RESIDENTIAL NEIGHBORHOOD: Councilman Kott explained that he received a letter from Mr. and Mrs. Peck which he submitted to staff relative to their complaint concerning chickens in their residential neighborhood. Thus far, they had received no relief in the matter, the main problems being the noise, odors and unsanitary conditions revolving around the chickens. Mrs. Crouse, 1766 Carnelian Street (at Katella and Euclid), had lived in the area since 1963. Although it was once a nice neighborhood, she stated that was not the case presently due to the chickens, ducks and the fact that no one cleaned up behind the animals. As well, old trucks were parked out on the street, there was very poor street lighting, and a number of youth were hanging around the corner throwing rocks at the street l~ghts. The Mayor interjected that he understood the problem had only to do with chickens. Mrs. 'Crouse continued that the area was zoned for six animals, but they did not need any livestock in the neighborhood and wanted to have the designation reduced to in- clude pets. Miss Santalahti confirmed that the area was zoned RS-7200 and in terms of animals, 12 chickens per acre were allowed. The Code was worded in such a way, however, that it was not mutually exclusive, thus quite a number of animals of different species could be accumulated. Chickens were allowable, but the Code specifically excluded roosters as pets, as well as peacocks. Mrs. Pardue, 1782 South Carnelian, requested that poultry be excluded from cities because she did not think they belonged in the City. A fence could not be built to keep out flies and odor. She then explained the problem involvin~ the odor caused by the chickens wherein the odor built-up in the soil, and given the right weather conditions, it was very unpleasant and offensive. The Mayor stated that the only alternative would be to amend the ordinance delineatJ the types of pets that would be allowed. 77-1214 ~ity Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1977, 1:30 P.M. City Attorney Hopkins stated if a health problem was involved, the Health Depart- ment could be requested to make an investigation under the Health Code to check unsanitary conditions or undesirable odor. Miss Santalahti recommended that the Zoning Enforcement Officer first check the site and subsequently contact the Health Department if a further problem existed. Mrs. Pardue countered that such action had already been taken, but the problem was a recurring one. Council discussion followed around the possibility of changing the ordinance to allow only dogs and cats under one acre as suggested by Councilman Kott. However, it was concluded that a great number of problems would be involved in so doing, and as well, a public forum would have to be provided to make certain that organi- zations such as the Boy Scouts and 4-H groups who would be most affected were apprised of any proposed action. Mrs. Peck, a resident on Carnelian Street, explained that there were ducks, chickens, rabbits and all kinds of pets by her fence wall and in her yard all the time, necessi- tating clean-up by her. There were also a number of chickens and roosters in the area, and more than one family was involved. She could not open her door because of flies and odors. The problem was not an ongoing steady one, but occurred periodi- cally again and again. They wanted to have the ordinance changed to exclude chickens. Councilman Roth considered the proper course of action would be to first send the Zoning Enforcement Officer to the area, and then subsequently contact the Health Department, and a report submitted to Council thereafter. If no violations were involved, then he suggested a public hearing to review the ordinance, possibly excluding chickens. Mrs. Pardue explained the problem with the Health Department was that they initially sent a letter and then investigated the matter, giving time for the offenders to clean-up the problem. Councilman Roth then recommended that the Health Department be directed by the Council to investigate the matter on a surprise basis. The Mayor stated the first priority was to establish that, in fact, there was a violation and based on such violation, proceed into an ordinance amendment pro- cedure if it was deemed necessary. Miss Santalahti clarified that notification of such action on the matter would be submitted to the interested parties. By general consent, staff was directed to instruct the Zoning Enforcement Officer to investigate the matter with follow-up by the Health Department and submit a report to the Council for possible subsequent action. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. .Ad~ ourned: 4:45 P.M. LINDA D. ROBERTS, CITY CLERK