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1976/09/0776-636 City?all, Anaheim~ California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Roth, Kott and Thom ABSENT: COUNCIL MEMBERS: Seymour PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: Alan R. Watts CITY CLERK: Linda D. Roberts DEPUTY CITY ATTORNEY: Frank A. Lowry Jr. ASSISTANT CITY ENGINEER: William Devitt PLANNING DIRECTOR: Ronald L. Thompson DATA PROCESSING DIRECTOR: Keith Parkyn PUBLIC INFORMATION OFFICER: Ken Clements Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. MOMENT OF SILENCE AND RESOLUTION OF CONDOLENCE IN MEMORY OF BOBBIE PHILLIPS: Mayor Thom requested that a moment of silence be observed on the untimely passing and in memory of Bobble Phillips, Fire Marshal of the City of Anaheim for 2~ years and moved to instruct the Public information Officer to prepare a Resolution df Condolence for the Phillip's family. Councilman Roth seconded the motion. Councilman Seymour absent. MOTION UNANIMOUSLY CARRIED. INVOCATION: Captain Neal Hogan of the Salvation Army gave the invocation. FLAG SALUTE: Councilwoman Kaywood 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: "U. S. Constitution Week in Anaheim" - September 13 - 18, 1976. ~'World Peace Day in Anaheim" - September 12, 1976 "Leukemia Week in Anaheim" - September 19 - 25, 1976 RESOLUTION OF SUPPORT: A Resolution of Support unanimously adopted by the City Council was presented to Harry Barnes for the Senior Citizens Health Fair scheduled for Sunday, September 19, 1976, at La Palma Park sponsored by Anaheim Memorial Hospital. RESOLUTION OF COMMENDATION: A Resolution of Commendation to Disneyland for presenting "America on Parade" as one of the greatest tributes to the 'Nation's Bicentennial year, earning them a Freedom Foundation Award,was unanimously approved by the City Council to bm p~msented at a later date. RESOLUTION OF GRATITUDE: A Resolution of Gratitude to H. G. "Dad" Miller was unanimously adopted on the occasion of his 99th birthday and in recog- nition of his efforts in the City's first municipal golf course. MINUTES: Approval of minutes was deferred one week. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilwoman Kaywood seconded the motion. Councilman Seymour was absent. MOTION UNANIMOUSLY CARRIED REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $656,060.37, in accordance with the 1976-77 Budget, were approved. RENEWAL OF ~LEASE - CALIFORNIA BUILDING: City Manager'Talley recommended that the Council authorize the Director of Data Processing to notify the landlord of the building, which presently houses the Data Processing Depart- ment of the City's intention to renew the lease for office space at 125 'East Ball Road for an additional two year period. Councilman Roth, noting the lease cost per square foot of 39.5¢, asked Data Processing Director Keith Parkyn if this was due to the fact a special type of air conditioning is required for the computer equipment. Mr. Parkyn explained that such was the case and further that a great deal of effort had been put forth in trying to find warehouse buildings that could be converted, but were unable to do so on a cost effective basis. 76-637 Cit~ Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976~ 1;30 P.M. City Manager Talley stated that he had met with an owner and lessor of major industrial property and it was calculated that to be cost effective, space would have to be acquired at 26¢ per square foot and such space was just not available. On motion by Councilman Kott, seconded by Councilwoman Kaywood, the City Council approved renewal of the lease for the California Building, 125 East Ball Road, for an additional two-year period and authorized the Data Processing Manager to advise the landlord. Councilman Seymour was absent. MOTION CARRIED. BALDWIN BUILDING CONTRACTORS - REIMBURSEMENT OF FEES: Councilman Roth offered Resolution No. 76R-535 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-535: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM APPROVING THE TERMS OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND BALDWIN BUILDING CONTRACTORS RE REIMBURSEMENT OF COSTS FOR SPECIAL WATER FACILITIES, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Tract Nos. 9213 and 9214) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-535 duly passed and adopted. SALARY SCHEDULE - CITY CLERK: In accordance with previous discussion in an Ex- ecutive Session, City Manager Talley presented a new salary schedule for City Clerk. Councilman Thom offered Resolution No. 76R-536 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-536: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM AMENDING RESOLUTION NO. 76R-324 AND ADJUSTING THE RATE OF COMPENSATION OF THE CITY CLERK. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-536 duly passed and adopted. LA PALMA AND LAKEVIEW Mi ANNEXATION: In accordance with the authority granted by the Local Agency Formation Co~nission, Councilman Roth offered Resolution No. 76R-537 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-537: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED LA PALMA-LAKEVIEW NO. 1 ANNEXATION. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-537 duly passed and adopted. 76-638 City Hall, Anaheim, California - COUNCIL MEMBERS - September 7, 1976, 1~30 P.M. VOTING DELEGATE - LEAGUE OF CALIFORNIA CITIES: On motion by Councilman Thom, seconded by Councilman Roth, _Councilman Segn~our Was designated the .vot- ins delegate and Councilwoman~ Kaywood the voting alternate to the League of California Cities Annual Conference to be held in San Diego, October 17-20, 1976. Councilman seymour was absent. MOTION CARRIED. APPOINTMENT - DEPUTY CITY CLERK: For informational purposes, the City Clerk reported that she had appointed Leonora N. Sohl, Deputy City Clerk, effective September 4, 1976. JOINT POWERS AGREEMENT - STANTON COUNTY WATER DISTRICT: Councilman Roth offered Resolution No. 76R-538 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-538: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA- HEIM APPROVING A JOINT POWERS AGREEMENT WITH THE STANTON COUNTY WATER DISTRICT FOR THE CONSTRUCTION AND PAYMENT OF A SEWER CONNECTION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. (Schweitzer Park Sewer) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-538 duly passed and adopted. CONSTRUCTION OF BRIDGE ACROSS THE SANTA ANA RIVER - WEIRCANYON AREA: In their letter of August 6, 1976 the Santa Ana River/Santiago Creek Greenbelt Commission requested that the City of Anaheim consider the matter of construction of a bridge across the Santa Ana River in the Weir Canyon area to provide improved access to the nearly completed Yorba Regional Park. Reports and recommendations from the City Engineer, Police Department and Fire Department were submitted, supporting construction of the bridge which will facilitate Police surveillance and emergency access. Councilman Kott explained further that upon his personal examination of the area and due to the anticipated residential grow-th on La Plama Avenue easterly of Imperial Highwa~ a crossing would be needed in the future as presently the 2.5- mile long street being developed is a dead end and furthe~ means for entering or leaving must be provided. On motion by Councilman Kott, seconded by Councilman Roth, the City Council supported the construction of the proposed Yorba access road bridge across the Santa Ana River to provide not only access to the park, but also badly needed access to the residential areas. Councilman Seymour was absent. MOTION CARRIED. ACCOUNT NOS. 120-462-922-01 AND 100-425-241 - CALL FOR BIDS: Application of traffic stripe paint, pavement markings, and devices on various streets. Council- woman Kaywood offered Resolution No. 76R-539 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-539: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: APPLICATION OF TRAFFIC STRIPE PAINT, PAVEMENT MARKINGS, AND DEVICES ON VARIOUS STREETS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 120-462-922-01 AND 100-425-241 APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID'PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECT- ING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be opened September 30, 1976, 2:00 p.m.) 76-639 ~ty Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-539 duly passed and adopted. AWARD OF CONTRACT - WORK ORDER 812: (Magnin Contractors Service, $7,450 for -- completion of Twila Reid Park Spray Pool Play Equipment) Mr. William Devitt from the City's Engineering Department in answer to Councilman Kott explained that, although three bidders did take out plans and specifications on this project only one was submitted, that of Magnum Contractors Service., Mr. Devitt further explained that in such cases if the sole bid is Within reason, award of contract is made. On recommendation by the City Engineer, Councilwoman Kaywood offered Resolution No. 76R-540 fo~ adoption. Refer to Resolution-Book. RESOLUTION NO. 76R-540: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: TWILA REID PARK SPRAY POOL PLAY EQUIPMENT, IN THECITY OF ANAHEIM, WORK. ORDER NO. 812. (Magnum Contractors Service, $7,450) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-540 duly passed and adopted. CONDITIONAL USE PERMIT NO. t306: Mr. Ron Thompson, Planning Director, addressed the Council over his concern regarding the question of approval of revised plans for a previously approved motel with waiver of building setbacks from the wester- ly property line to be located between Ball Road and Berry Avenue. The waiver was requested by Joe Nicosia, owner. Mr. Thompson explained that the builders had graded and were in the process of trenching and forming for foundations causing concern of single-family residents in the area, since a supposed established setback of 45 feet was not being observed. Mr. Thompson gave historical background on Conditional Use Permit No. 1306 indicating that in 1972 the Planning Commission approved a motel on the property denying certain variances in regard to setbacks from the single-family residential property abutting to the West. Plans that were shown to the Council at their pub- lic hearing indicated a 45-foot setback. This, along with the new access to Berry Avenue for trash pickup and collection, was approved by the City Council on May 30, 1972. On Monday, August 30, 1976, Mr. Thompson stated that the developer again appeared before the Planning Commission and presented a lengthy report. Because of a change in plans and concerns regarding access to Bm~y Avenue, the Planning Commission continued the item for two weeks,to September 13, 1976. The follow- ing day, August 31, 1976, the developer and architect appeared before the City Council and, according to Mr. Thompson's interpretation, requested approval for revised plans. 76-640 City Hall, Anaheim, California - COUNCIL :'4INUTE$ - September 7, 1976, 1:30 P.M. Mr. Thompson expressed that at the Council Meeting of August 31, 1976, the City Council supposedly had approved the developer's plans which were basically the same plans as those the Planning Commission originally recommended be denied, that is, approval of a 5-foot setback from the west property line adjacent to the residential uses, to wit- tile change and approva], however, of trash pick-up and storage from Ball Road. Mayor Thom expressed adamantly that the only matter discussed and the only action taken by Council was in determination of the trash pick-up and storage area which Council did approve from Ball Road instead of Berry Avenue, and the Mayor further explained that this was done mainly to resolve a dispute between the Sanitation Division, the contractor and the Building Division. Mayor Thom reiterated that the Council did not take any action on revised plans, nor did they see any revised plans, and he was supported in confirming this was the only action taken at the meeting of August 31, 1976 by Councilwoman Kaywood, Councilman Kott and Councilman Roth. City Attorney Watts also confirmed that it was his understanding the approval related solely to the question of location of the trash storage area. After further discussion, Mr. Thompson indicated that staff and the developer assumed that the Council did, in fact, approve revised plans. Since this was not the case, Mr. Thompson stated that a Stop Work Order would be issued immediately and the developer notified, since a September 13, 1976 meeting was scheduled with the Planning Commission for consideration of revised plans. PACIFIC TELEPHONE - NEWSPAPER ARTICLE, SEPTEMBER 1, 1976: Pursuant to his request, Mr. James Webb of the Pacific Telephone Company addressed the Council concerning the newspaper article which appeared in the Anaheim Bulletin September'l, 1976, wherein it was stated that Anaheim may ~oin i~ suits against Pacific Telephone and specifically referred to comments made by Councilman Kott in relation to the amount of taxes paid by Pacific Telephone in 1974. The newspaper article stated that $63,000,000 in taxes were paid, but Pacific Telephone claimed, in reality, they paid $203,000,000. Councilman Kott's concern was that the Telephone Company used the latter figure on which to base its rates, and since his prime interest is to get the best and the most for the taxpayers of the community, he sees nothing wrong with proposing that Anaheim join three of the largest cities in the State to investigate the matter. Mr. Webb indicated that there has been a misunderstanding on what has been referred to as "phantom" taxes concerning Pacific Tel. eL. hone which was brought about, by an accounting method that is very complex~ In order to clarify this misunderstanding, Mr. Webb explained the use of accelerated depreciation which was authorized by Congress for industry in the 1960's in order to stimulate the economy, which vehicle was offered to public utilities. Pacific Telephone took the option of rapidly writing off some of their capital improvements as allowed by the Public Utilities Commission and deferred the amount of accelerated depreciation to a future time, resulting in a lower income tax figure. After further elaboration, ~. Webb stated that Pacific Telephone had done nothing illegal. In order to corroborate Mr. Webb's statements, Councilman Kott asked the City Attorney if the Public Utilities Commission became involved in legal opinions with regard to depreciation or just rate making. Mr. Watts indicated that the Public Utilities Commission's decisions which set rates are, in fact, legal opinions and that Mr. Webb's presentation as to the question of accelerated depreciation was consistent with his knowledge of the matter. The City Attorney expressed that, in this case, .there is basically a difference in opinion as to what the proper rate-making treatment is for this manner of depreciation -- the cities named have one viewpoint, and the Telephone Company has another viewpoint. 76-641 City Hall, Anaheim, California - COUNCIL MINUTES - September 7~ 1976, 1;30 P.M. On Mr. Webb's invitation, Councilman Kott expressed his desire to discuss the tax and rate-making policy of Pacific Telephone further with an executive of the com- pany who had the responsibility and the authority to do so. ABBOTT CORPORATION - BID SOLICITATION PROCEDURE: At the invitation of Councilman Kott, Mr. Roger Abbott, 745 Peralta Hills Drive, Anaheim, Chief Executive Officer of Abbott Power Corporation of Buena Park, addressed the Council pursuant to his letter of September 1, 1976, copies of which were sent to Council, wherein he posed questions regarding the purchasing/bid policy of the City of Anaheim and referenced Re-bid No. 3099 for procurement of switchgear equipment for the Yorba Substation originally advertised in June, 1976. Mr. Abbott also referred to his initial letter dated February 26, 1976, sent to the then City Manager Keith Murdoch, which he felt had not been answered to his satisfaction. This letter addressed the matter of Abbott's supposedly not being allowed the opportunity to bid on switchgear equipment though they consider themselves to be one of the largest independent switchgear manufacturers in the country and asked for an investigation of the City's seemingly closed purchasing policy. Mr. Abbott went on to explain they were finally included on the bid list for switch gear bid opening on June 25, 1976 and submitted a firm bid and an escalation bid. Abbott indicated that they found out Allis Chalmers, the only other bidder at that time, had been allowed to correct a "mistake" on their quotation approxi- mately two weeks before award, after which Mr. Abbott and Mr. Gallagher, President of Abbott Corporation, met with Mr. Mike Michelle of Purchasing who. indicated~this was an informal type of bid situation and should be discussed with the Utilities Department. After speaking with Mr. George Edwards of Utilities, it was ascer- tained that Abbott's firm bid had not been evaluated because of the additional escalation bid, since no one knew how to evaluate escalation. Mr. Abbott con- tended that this was, in his estimation, poor business. Subsequently, it was decided that the procurement would be re-bid. Mr. Abbott went on further to explain some of the irregularities that he saw in relation to specific bid opening times, asked for clarification of a formal and informal bid, and questioned the City's acceptance of only four bids for switch gear equipment costing $250,000 to $300,000 when there were approximately thirty manufacturers of such equipment and many cities were accepting 13 or 14 bids. On conclusion of Mr. Abbott's presentation, Mayor Thom voiced the opinion that it looked as though something irregular was taking place and asked City Manager Talley to comment on the matter. Mr. Talley indicated that although he could not confirm irregularities one way or the other at this time, he could categorically say that the City does not have a closed purchasing policy. He explained that staff was instructed to prepare a comprehensive report addressing each of the allegations and, as part of the review, would solicit the opinion of the City Attorney. At the time recOmmendations on the purchases are presented,_ then £he City'would be'~prepared'to~answmr ail Of ..... these ~ontentions. Councilman Kott expressed that he was not interested in who was going to get the purchase, but was concerned mainly about the City's practice in accepting bids. City Attorney Watts interjected a clarification on the question of formal and informal bids indicating that it refers to one very simple process -- that of publicizing the notice inviting bids in the newspapers or not. If invitation to bid is publicized pursuant to Section 1211 of the City Charter, Mr. Wa%ts stated that this was considered a formal bid; if not publicized, it would be an informal bid. Mr. Watts further offered that it was unfair to the Council at this time for Mr. Abbott or himself to give an oral presentation on the matter without having proper documentation. So that the Council would be better prepared to discuss the matter, Mayor Thom asked that it be deferred for one week to September 14, 1976, specifically 76-642 Cit~ Mall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. addressing in the report to be submitted, 1) what are the practices of the City in accepting bids, and 2) what happened in this particular case. Mr. Talley confirmed that a report would be ready by Friday, September 10, 1976, at which time Mr. Abbott could also pick up a copy, and further requested that the matter be discussed under Purchases on the September 14, 1976 Council Agenda. RECESS: By general consent, the City Council recessed for ten minutes. (2:45 P.M.) AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present with the exception of Councilman Seymour. (2:55 P.M.) CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CLAIMS AGAINST T~E CITY: The following claims were denied and referred to the City's insurance carrier: a. Claim submitted by John Fridell for damages to his vehicle purportedly sustained as a result of debris in the street, on or about May 11, 1976. b. Claim submitted by Gerald W. Howser and Joyce Marie Howser, a minor, by Gerald W. Howser, for injuries purportedly sustained as a result of riding a bicycle into a sign standard lying across the sidewalk, on or about June 30, 1976. c. Claim submitted by Dallas Wheatley for injuries purportedly Sustained resulting from inadequate lighting and safety precautions for steps at the Convention Center, on or about June 13, 1976. d. Claim submitted by Mrs. Dorothea R. Clark for injuries purportedly sustained from a fall at the Convention Center in the California Room, on or about May 29, 1976. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Anaheim Public Library - Monthly Statistical Report for july 31, 1976. b. City of Orange Resolution No. 4371 - support Orange County Youth Expo. c. City of Garden Grove Resolution No. 5134-76 - support West Orange County in desire for Regional Park. d. Minutes of the Local Agency Formation Commission of Orange County for August 11, 1976. e. Comraunity Redevelopment Commission - Minutes - August 11, 1976. f. City of Yorba Linda Resolution No. 917 - opposition to Senate Bill NO. 100 regarding increase in Gas Tax. g. Before the Public Utilities Commission of the State of California - Order denying rehearing on Decisi6n No. 85991 - 1976-1977 railroad-highway grade separation priority list. h. Anaheim Golf Course Advisory Commission - Minutes - August 19, 1976. Councilman Seymour was absent. MOTION CARRIED. CORRESPONDENCE - RESOLUTION NO. 76R-541 - PROPOSAL FOR A 10 MWE SOLAR TOWER: Councilwoman Kaywood asked that the Environmental Improvement Agency request for California'~ proposal for a 10 MWE Solar Tower be removed from~the Consent Calendar and, thereupon, offered Resolution No. 76R-541 for adoption in suppQrt of building a 10 Megawatt Solar Electric Demonstration Pla~t. Refer to Resolution Book. RESOLUTION NO. 76R-541: ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ENDORSING THE CALIFORNIA PROPOSAL FOR A TEN MEGAWATT SOLAR ELECTRIC DEMONSTRATION PROJECT. 76-643 City Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-541 duly passed and adopted. CORRESPONDENCE - CITIES OF VILLA PARK AND GARDEN GROVE - RESOLUTIONS ON STATE PROPERTY TAX: Councilwoman Kaywood requested that City of Villa Park Resolution No. 76-445 and City of Garden Grove Resolution No. 5133-76 be removed from the Consent Calendar for discussion. It was Councilwoman Kaywood's opinion that the City of Anaheim should also submit communication to the State Legislature similar to the resolution adopted by Villa Park indicating that the City is interested in seeing that the property tax burden not be the main means of supporting State programs and possibly exploring a fairer method of taxation, such as State Income Tax. By general consent, the Council authorized the drafting of proper communication or resolution to the State Legislature which will be submitted to Council at their next meeting for approval. CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission at their meeting held August 16, 1976, pertaining to the following applications were submitted for City Council information and consideration. On motion by CouncJ. lman Roth, seconded by Councilman Thom, the City Council authorized the actions pertaining to the following envirOnmental impact require- ments, as recommended by the City Planning Commission and took no further action on the following Zoning applications: (Item Nos. 1 - 7)' 1. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTIONS: The Planning Director has determined that the proposed activity in the following listed zoning applica- tions falls within the definition of Section 3.01, Class 1 and 11, of the City of Anaheim Guidelines to the requirement for an environmental impact report and are, therefore, categorically exempt from the requirement to file an EIR: Variance No. 2811 Conditional Use Permit No..1644 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONS: The Planning Commission recommends to the City Council that the subject project in the following listed zoning applications 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. 1635 (readvertised) Conditional Use Permit No. 1641 Conditional Use Permit No. 1645 3. VARIANCE NO. 2811: Submitted by the Owen Company to construct an additional free-standing sign on property located at 1300 South Anaheim Boulevard. City Planning Commission Resolution No. PC76-152 granted Variance No. 2811, subject to conditions. 4. CONDITIONAL USE PERMIT NO. 1644: Submitted by Robert and. Helen Dultz to permit an animal hospital on the property located at 3030 West Ball Road. · I I II _ ~ I]1111 ~' ii1'11 I I 76-644 City Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. City Planning Commission Resolution No. PC76-155 granted Conditional Use Permit No. 1644~ subject to conditions. 5. CONDITIONAL USE PERMIT NO. 1635 (RRADVERTISED): Submitted by Raymond G. and Estelle K. Spehar to construct a motel on the property located at the southeast corner of La Palma and Imperial Highway. City Planning Commission Resolution No. PC76-153 granted Conditional Use Permit No. 1635, in part, subject to conditions. 6. CONDITIONAL USE PERMIT NO. 1641: Submitted by STAFAC Inc., to permit a drive-through restaurant on the property located at 2811 East Lincoln Avenue. · City Planning Commission No. PC76-154 granted Conditional Use Permit No. 1641, subject to conditions. 7. CONDITIONAL USE PERMIT NO. 1645: Submitted by the Town Tour Fu~ Bus Company, Inc., to permit a bus terminal on property located at 182 South Mountain View Avenue. City Planning Commission Resolution No. PC76-156 granted Conditional Use Permit No. 1645 for one year, subject to conditions. Councilman Seymour was absent. MOTION CARRIED. NEGATIVE DECLARATION - GRADING PERMIT: On motion by Councilwoman Kaywood, seconded by Councilman Roth, it was determined by the City Council that the application for a grading permit filed by David Navarro to construct a single- family residence at 461 Country Hill Road, was exempt from the requirement to prepare an EIR, as recommended by the City Planning Commission. Councilman Seymour was absent. MOTION CARRIED. TENTATIVE TRACT NOS. 9465 AND 9466: On motion by Councilwoman Kaywood, seconded by Councilman Roth, Tentative Tract No. 9465 was continued to be considered in conjunction with Environmental Impact Report No. 184, and Tentative Tract No. 9466 was continued to be considered in conjunction with Variance No. 2838 and Environmental Impact Report No. 185. Councilman Seymour was absent. MOTION CARRIED. EXTENSION OF TIME - RECLASSIFICATION NO. 74-75-15 AND VARIANCE NO. 2640; On motion by Councilman Roth, seconded by Councilman Thom, the Council approved the request of Joseph A. Martinez for an extension of time Ito Reclassification~No. 74-75-15 lproposed RM-1200 zoning) and Variance No, 2640, property located at 3629 West Ball Road, retroactive to January 7, 1976, to expire January 7, 1978, subject to the post- ing of a performance bond for street improvements with~30 days, as recommended by the City Engineer & Planning Department. Councilman Seymour was absent. MOTION CARRIED. _REQUEST WAIVER OF PENALTY PAYMENT - ?~ MECCA MOT~L: A request by Mr~'Kenneth Kines, owner of the Mecca Motel, 1544 South Harbor Boulevard, for waiver of the penalty payment on.bed tax due was Submitted, together with report by the City Attorney's Office and License Collector. . Mayor Thom explained that the precedent has been set by the City to deny such requests for waivers. On motion by Councilman Roth, seconded by Councilman Thom, request for waiver of the penalty payment on the bed tax due from Mecca Motel, since it was properly imposed, was denied. Councilman Seymour was absent. MOTION CARRIED. AWARD OF WORK ORDER NOS. 788-A AND 812, HALLIDAY STREET STREET IMPROVEMENT: In accordance with the recommendation of the City Engineer, Councilwoman Kaywood offered Resolution No. 76R-542 for adoption. 76-645 City Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. Refer to Resclution Book. RESOLUTION NO. 76R-542: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEAI~D PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR TKE FURNISHING OF ALL PLANT, LABOR, SE~tViCES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL W£)P~ NECESSARY TO CONSTRUCT AND COMPLETZi THE FOLLOWING PUBLIC IMPROVEMENT: THE HALLIDAY STREET STREET IMPROVEMENT, ORANGE AVENUE TO 154' N/O ROME AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 788-A AND 812. (Sully-Miller Contracting Com- pany, $38,154.26) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-542 duly passed and adopted. TRAFFIC SIGNAL MAINTENANCE CONTRACT: (Account No. 100-456-245) On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved postponement of the award for traffic signal maintenance for one week, as recom- mended by the City Engineer. Councilman Seymour was absent. MOTION CARRIED. PURCHASE OF EQUIPMENT - THREE-QUARTER TON PICKUP & THREE~UA~TER TON CAB AND CHASSIS: Tile City Manager reported on the recommended purchase of one General Motors Corporation three-quarter ton pickup truck and one General Motors Corporati©n three-q:.~arter ton cab and chassis, and advised that Hendricks GMC, Inc., of Anaheim, in their letter of August 18, 1976, submitted a quotation for said equipment in the total amount of $10,376.60, including tax . Mr. Talley explained that Hendricks had received an extra shipment of three pickups built to the City's specifications and offered the sale of two of these pickups to the City at the same price as those delivered under previous quotation No. 3018 with the exception of OSHA required equipment at an additional cost of $75.73. Tho'ugh none were ordered at this time, two are on the list for purchase during the fiscal year and a minimum of 8% could be saved on the coSt per unit if authorization to purchase is immediate. Mr. Talley thereupon recommended the purchase be authorized. On motion by Councilwoman Kaywood, seconded by Councilman Roth, purchase of the equi~ment from Hendricks GMC, Inc., of Anaheim was authorized in the amount of $10,376.60, including tax, as recommended by the City Manager. Councilman Seymour was absent. MOTION CARRIED. DEEDS OF EASEMENT: Councilwoman Kaywood offered Resolution No. 76R-543 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-543: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Eastwood, a limited partnership; Antonio H. Garabito, et al; Frances C. Lewis) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Resolution No. 76R-543 duly passed and adopted. 76-646 City Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. ORDINANCE NO. 3591: Councilwoman Kaywood offered Ordinance No. 3591 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.04.700, 1.04.710, 1.04.720, 1.04.730 AND 1.04.740 TO THE ANAHEIM MUNICIPAL CODE. (Community Services Board) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3591 duly passed and adopted. ORDINANCE NO. 3592: Councilman Roth offered Ordinance No. 3592 for adoption. Refer to Ordinance Book. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-23, RS-5000) Roll Call Vote: AYES: COUNCIL MEMBERS': Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Seymour The Mayor declared Ordinance No. 3592 duly passed and adopted. ECONOMIC DEVELOPMENT PROGRAM: Councilman Kott commended City Manager Talley for outlining a program whereby an economic development agency might help move the City into a better tax situation,as presented to him in Mr. Talley's memo of September 7, 1976. At the request of Councilman Kott, and by general consent, the Council.agreed to discuss this matter in one week when the full Council would be in session. POWER FAILURE: Councilman Kott reported that approximately four weeks ago iR the building where he leases office space there was a power failure caused by metallic objects thrown at a transformer by some youngsters, as determined by the Utilities Department emergency service. Councilman Kott was following up on his subsequent request to the Police Department in asking for an investigation on the incident, since a full report on the matter had not yet been received as promised. CHAMBER OF COMMERCE - CONTRACTUAL AGREEMENT: Councilman Kott expressed his con- cern regarding several items presented in a letter submitted to the Council by Mr. John Flocken, President of the Anaheim Chamber of Commerce, at the Council Meeting of August 31, 1976; his major concern being that the Chamber should restrict its activities to the business community and concentrate on bringing industry into the City. Councilman Kott also questioned the contractual services provided the City by the Chamber concerning promotional material and voiced his opinion that the Chamber was not acting in the best interests of the taxpayers by taking it upon themselves to print such material without prior approval-of the City Manager. Public Information Officer Ken Clements indicated that a report covering con- tractual services with the Chamber would be submitted by Friday, September 10, 1976. 76-647 City Hall, Anaheim, California - COUNCIL MINUTES - September 7, 1976, 1:30 P.M. ELECTRICAL RATE INCREASE: Councilman Kott indicated that since the City owns its electrical system, the people of the community are due something for this ownership and expressed his disapproval in the increase in rates to 100% of Edison's rates, as voted at the August 31, 1976 Council meeting. For this reason, Councilman Kott offered a motion that electrical rates be reduced back to 95%. Motion died for lack of second. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED Adjourned: (3:40 P.M.) LINDA. D. ROBERTS, CITY CLERK