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1976/09/2176-674 City H.a. ll,. Anaheim, Ca.l.i..f.0..rnia - COU:N.C. IL ~!.I!.IU. TES -, September 21, 1976! 1.;.3o P.M, The City Council of the City of Anaheim met in regular session. PRESENT: COIRICIL :IE}fBERS: Kaywood, Seymour, ICott, and Roth ABSEUT: COUNCIL }~MBERS: Thom PRESENT; CITY I~NAGER; William O, Talley ASSIST~2qT CITY ATTOP~IEY: I,'illiam P. Hopkins CITY CLERK; Linda D. Roberts DEPUTY CITY ATTORNEY: Frank A. Lowry, Jr. PUBLIC WORKS DIRECTOR: Thornton E. Piersall PLAN~II,~C DIRECTOR: P. onald L. Thompson DATA PROCESSIHG ~&MNAGER: Keith Parkyn AESISTA2~T CITY EMGINEER: William Devitt Mayor Pro Tern Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Johnny Carlson of the West Anaheim united Methodist Church gave the Invocation. FLAG SALUTE; Councilman William Kott led the Assembly in the Pledge of Allegiance to the Flag. AUAPd]S - CERTIFICATES OF APPRECIATION: Mayor Pro Tern Seymour presented Cer't~'f{cates of Appre~i~'ffion and the symbolic Big "A" Scoreboard expression of thanks to the following four City employees in recognition of outstanding service in saving the lives of three citizens: Fred Rousch, Anaheim Police Officer revived an elderly unconscious lady hy cardio pulminary resuscitation; John Parlapiano, Building Inspector, who restored breathing of a young boy who had fallen into a .~winuning pool; and 3i~ Canales, tTater Division Pipe Fitter, and '?ic!~ae! Janks, former CETA employee, who saved a young man who had been overcome by carbon monoxide poisoning %y their quick action in moving him to open air. Approval of minutes was deferred one week. WAIVER OF READING - ORDINA/'~CES A/~] RESOLUTIOi~S: Councilwoman Y. aywood moveJ to Waive the" reading in full of 'al'l ordinances '~nd resolutions, and that consent to ~he waiver of reading is hereby given by all Council .*[embers unless, after reading of the title, specific request is made by a Council ~lember for the readin8 of such ordinance or resolution. Councilman Ro~h seconded ~he motion. Councilman Thom absent. ~OTIOIi CARRIED. FIi?21CIAL DE?~.~DE ~CA~.,S~ Till CI,~ in the amount of $558,587.97, in accordance with ~h¢ 1976-77 Budget, were approved. F~QUEST FOR BUDGET ADJUST~;T - LIBRARY ACCOUI:T: City Manager Talley requested approval of a budget transfer of ~11,000 from the Library Account to the Parks, Recreation and the Arts Department ~o pay for the Library's share of lighting expenses for the parking lot at the Sunkist Branch Library. This adds no increase to the budget. On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council approved a Budget transfer of $11,000 from the Library account to the Parks, Recreation and the Arts Department. Councilman Thom absent. ~DTION CARRIED. EXTENSION OF CETA I PROJECT ACTIVITIES FOR FISCAL YEAR 1977: }ir. Hepburn advised that the funding provided through the Orange County Manpower Commission is the ~nitial fiscal year 1977 CETA allocation having no relationship to the Public Servi~e Employment positions. Mr. Ilepburn explained that the dollar amounts contained in the basic contract between the Manpower Commission and the City were estimates at the time the contract was developed, but that in final negotiations the figures varied to a certain degree; however, agreements were not being signed in excess of funds available to the City. RESOLUTION NOS. 76R-569 %%-IROUGH 76R-573: Councilman Roth offered Resolution Nos. 76R-569 through 76R-573, both inclusive, for adoption. Refer to Resolution Book. 76-675 City HallI ~maheimI California - COtEICIL HINUTES - September 211, ].9761 1'~n T, ,f R.ESOLUTIOi; NO. 76~-56.9: A ~SOLUTION OF THE CI~ COUNCIL OF TIIE CITY OF ANAITEIH APPROVINC CO~,IT.ELL.,SI~E~,..~TPO~. '~ .P PROG~f AND AUTItORIZING DISBURSEMENT OF F~TDS FOR APPROVED ACTIVITIES. ($656,'389.00) RE~.OLUTIOH' NO~76R-570: A MI;SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA?!EIM APPROVING AMD AUTHORIZI/-:C ~'?~,,~, EXECUTION OF AN AGREE?~T B].,T%.~EJ' "THE CITY OF NTAJiEI~ ~TD TIlE NORTH OP~GE CO~TY CO~R~TITY COLLEGE DISTRICT Pi~LATING TO ~[E ZSTABLISI[~NT OF A HOUSING REPAIR TP~ININC AND VORK EXPERIENCE PROGP~'~. :-,~,~OLUTIO~, NO. 76R.-571' A RESOLUTION OF T,L, CITY COPi'rCIL OF TT~'] CITY OF ~UMIIilL' J~'ROVE'~G ~TD AUTi!ORIZLC" TIlE EXECUTIO!I OF NT ACP~E~iNT n.~ET[a~.u..T, T ,~, TIIE CITY OF ~K;A~?IY 2d~D TIlE NORTI'. ORA~ICE COI~;TY COI.~[Uq.~ITY COLLEGE DISTRICT RELATING TO V~CAT!ONAL ~);2!CE ~D ~.m,,,~-? .... ~,,o~ uD';C SERVICES. ~cn, w~?,-,.?.,.,,,,.,~:,~,,, NO 76R-572: A Pi,~,OLU,IO.,Ve ~ "OF TIlE CITY ~a'~"CIL OF TIUi CITY OF ...... ~,,,'m ......... . ....... Tile CITY ,' ............ ;.-,, - .................. , . 765-573: ~ PEqOLUTIOl, DF Tile , ~.~ ,k ~. *~'~,V'-,H ;lTD' ~Tm'WO~v"~C '"?'~ ~,XECUTION OF ~'~ ACREE~ITT BZTI'~EN TIkE Y2 UT!' Df:'/":i, O?i.'I2 ?T PXOCPAi'~. ~o1.1 Call ~Wote.,: ~y'c. C~ID!'CIL '""?;~ " ' ' Ce)n';our, .":otc and Koch · .' ~ ~ · ....... ~.~ .... : '~ .~.~, 00C~ ~ ~_. Ti~ :.'~ayor Fro Ten declared P. csolution :;os. 76"~.,-~,~=~n. clu:ough 76R-573 duly. passe,.,' and adopted.. T "~f' ~ ~r "O~"S '~..,'"r;"r r"'.% ...... ~..,...f,~.PU3LIC ~',, .".. ._.,,,.~,,.~,..~. ACT OF 1976: City ~:anager Talley presented a report from staff dated September-O, 1'976, which was a joint effort By Public '..',~orks, Park~, Recreation and the Arts and the Fire n. epartr.mnts, and report dated September 13, 1976 from his office listing proposed projects which would qualify, ~o. Federal funds under the ter~ of the newly passed Public Uorks 2i11. On Council approval, the eight projects to be submitted include: civic center, (Phase I, 2-story, 26,000 square-foot building, Phase II-A, Tower Council Chamber, Phase II-B, plaza and parking garage); Barrier-Free Anaheim; Ga~:tont Drive Storm Drain; Lincoln Avenue landscaping; Alley reconstruction; Fire ~rainin8 facility (joint powers projec~ with City Of Garden Grove and possibly City of ..Orange); Modjeska Park Community Building; and the Lincoln Avenue Comr, tunity Service Center. Along with the subject reports, Hr, Talley submitted a letter sent to Mr.. Richard Powers, City ?reneger of Garden Grove, confirming the understanding that the proposed Fire Training Facility Project would be a Joint powers effort; report from the Anaheim Citizens Capital Improvement Public Building gubcommittee; and :he first and second City Hall structural analysis reports incl. uding the cost estimates of refurbishing the present City tlall. Mr. Talley stated the proposed resolution would authorize him. to initiate the application for Federal funds to the Economic Development Agency which, on a regional basis, could grant $1.5 to $2 million with waivers at the ~i~ashington level up to $5 million or more. He stressed that no priority Of projects was allowed. In response to }layer Pro Tern Seymour, ~r. Talley articulated on the second report relevant to the safety and' ability to remodel the existing City Hall. tie stated that the current report substantiated the initial report (both performed by different structural engineering firms) confirming that the building is a hazard and requires substantial rehabilitation to meet modern building codes, and the costs of refurbishment could'go as high as ,~1.6 million not including budget for the relocation of staff in the ~nterim. The second report also stressed that there were many potentially dangerous violations as the structure was not up to code although it would perhaps survive under a moderate earthquake. It also pointed out that the building had no historical significance o~her than it was 52 years old ~ 76-676 City llal!, Anaheim~ Californi.a - COI~ICIL MI!.,!.U_T.E.s.- September_ 21, ,1976! 1:30 Mayor Pro Tern Seymour a.qked if anyone wished to address the Council. .~fr. Arthur Uassel~rin',<, 2762 Fast Vermont Avenue, Chairman of the Anahei:~ Citizens Capital Improvement Public Building Subcommittee, submitted ~ report dated September 29, 107~, ~nd outl~_ned t~.e findings an~ rcco~enJptions c,cnt,"i~.ed therci,i. ~"'e stated that the P~,~blic ~,Jorks E?ploy~_.ent Act provides for fast ~qtart.~ which, in essence, meant that if someone could be put to work, the application wou].~ be considered more readily. His committee specifically recommended submittal of the three-phase application for City ilall explaining that if $5 million were granted, additional funds for completion would come from Redevelopment, from Public Utilities (since they presently utilize 247; of the present City Hall) and from the General Fund, if required. The Capital I:.'.~prover~:ent Comrtttee was basically concerned with only two of the ei~l~ proposed projects and it was unanix.ously agreed the following recorl'r~endntions Le sul0mitted to Council: i. :Taw City 7'a!l - proceed with subn, ittal of the application to the Economic Development Agency (:qDA) as recommended by staff for Phase I, IIA and lib. In the interim, further active study would be made to find other sources of financing besides Redevelopment and the Central Fund. 2. Fire Training Facility - as the landowner, Anaheim is to submit the application for funds and, if granted, arrange for reimbursement by Garden Grove and possibly Orange under a proposed 3oint powers agreement. ~{r. Hasselbrink stressed that his Committee was still actively looking for sources of revenue for a new City ilall and other public buildings especially since the possibility of being granted Federal funds, as explained by ~r. Talley, was 80~' yes, ~, and. 20% no. Other sources considered included joint powers, lease back, and bonding; interrelated with their search for financing was educating the public as to the need for such buildings, especially the need for a new City ilall. In answer to P~yor Pro Tern Seymour, :~r. Kasselbrink reported that, as yet, his conlmittee did not have sufficient time to consider ~,~%ere the ~2.6 million from the Utilities Department and the $2.3 million from the General Fund would come from if the Government granted $5 million with the stipulation that all phases of the Civic Center had ~o~ completed. However, he stressed that if additional revenue could not be found to complete the project, Council would have the option to turn down the grant, but since it would be at least 90 days before lTashington responds, it could be determined during that time if the necessary funds could be generaned. ,~hayor Pro Tern Seymour was concerned that if we did turn down any funds granted because of the inability to find additional necessary funding, it would be a long time before the City would be considered for such grants again. Mr. Hasselbrink discussed potential sites for the new City Hall in answer to Councilman Roth explaining that, using the Federal Grant as a guideline, the City was locked in with the present site and it was his understanding that proposals had already been made to purchase the Willdan Building and others adjacent to it. He interjected that his Committee recommended the location be on the present site. A secondary site, which under the Federal Grant, he understood could not be pursued, was the land between the Library and the Police building on Ilarbor Boulevard and the acquisition of property near Fremont Junior High School. On the latter, i'~r. Hasselbrink indicated that he was aware of conflicting reports that the Board of Education at one time indicated they would not release the Fremont property, and then that they would do so. M. ayor Pro Tern Cey~nour asked l~r. Talley if staff had considered financial alternatives for funding the City Ilall/Civic Center Project. Mr. Talley reported that the First Phase, 2-story building, could be entirely funded with the Federal Grant, and it could be a stand-alone project. If the City were able to get a subsequent grant of $5 million to:,e7.5 million, then it would be the City's responsibility to finance the remainder of the project based upon use of the property. ?'.r. Talley said that the Pedevelopment Agency stated that since the project would stimulate downtown redeveloprmng, they would be justified in spending a certain amount of money as determined by the Agency and e~:pressed that it would also be appropriate for the Utilities Department to 76-677 _City Hall, Anahi.eiim! California - COUNCIl. MINUTES - September 21, 1976, 1:30 P.M. contribute from its operating revenues rent in the amount of its share of space used. Fir. Talley advised further that Jt could be done as a contribution, bond payment, lease back or long term rental agreement. As another supplemental alternative, Mr. Talley indicated that the General Fund could also contribute. In summarizing staff's investigation of financial alternatives, Mr. Talley was of the opinion that although funds were not now available, over a long range there was no question that the money could be raised. lle added that one of the requirements in submitting the application to the EDA was a stipulation that the City must be prepared to go to bid within 30 days after approval and start construction within 60 days thereafter. bfayor Pro Tem Seymour asked if anyone wished to speak on any portion of the Public Works Bill. Mr. Jim Swanik, 1265 West Catalpa, questioned the City Hall portion of the project specifcally regarding the estimated cost figures, proposed plans, and the ultimate necessity to close Claudina Street between Broadway and Lincoln in order to construct the Civic Center on the present site. Mr. Talley explained that the costs estimates for a new City Hall as presented were current costs if construction was started within 90 days and that the subject plans were those submitted when the method of financing a new City Hall was brought before the electorate. He also stated that other design criteria was established and approved for the particular configuration proposed, and is still considered adequate. Mr. Thornton Piersall, Director of Public Works, addressed the closure of Claudine Street and explained that if the proposed application was approved by the Council, a public hearing date on the street closure would be established at the Council meeting of September 28, 1976. Mr. Swanik was also concerned that the other 7 projects which he considered more labor intensive might never get funded if we turned down any funding which may be granted. Mr. Talley reiterated that the government specifically advised that no priority is allowed and that each project would be judged on its own merits. In summary, Mr. Swanik asserted that he was in support of the application as long as the 7 other projects were included, without which in his opinion, the City Hall proposal would not be considered. .Mr. Ronald Roluffs, 1591 Minerva, speaking to the Civic Center project, was concerned that Phase I did not include Council Chambers as confirmed by Fir. Talley. ~Ir. Roluffs specifically asked if it would not be blackmail to supplant a functional building with something new and necessary but which would require a second phase since the first phase could not stand alone over time. Mr. Talley stressed that since the present City Hall was a high hazard building and $1.6 million was needed to bring it up to Code, he did not see that trying to acquire funds for the project was blackmail. Mr. Roluffs stated that the question was whether or not the City could get along without the second and third phases without going through City funding if funds were granted and accepted for Phase I. He was also concerned that, not only did the electorate reject the funding method for a new City Hall in 1972, but also the design criteria. Mr. Talley emphasized that only the method of financing was rejected. Mayor Pro Tem Seymour clarified that, in his opinion, Mr. Roluffs was trying to point out that inherent in the electorate's rejection of financing a new City Hall was a feeling of objection to the proposed plan as well. Mr. Roluffs confirmed that this was the point he wanted understood. Mr. John Dillon, 5241 Del Cerro, La Palma, expressed that his group, Barrier-Free Anaheim, was very happy with the support and the enthusiasm they had thus far 76-678 City H~ll,.Anaheim, Calif.ornia -..COUNCIL.MINUTES _..~. Septgmber, 211 1976 received from Engineering, Public Works, and the Capital Improvement Committee and were also in favor of submitting the applications for funds to the EDA. Mrs. Pat Bayley, 801 North Loafs, stated that newspaper articles were being maintained and sent to cities throughout the United States informing them of Anaheim's pioneer Barrier-Free Program. In answer to Councilman Kott, Mr. Tom Van Diver of the Fire Department explained that the land on which the proposed Fire Training facility would be located was not the same property as previously proposed for a tennis complex nor the Multimodal Project but 4.75 acres between Rampart Street and the Santa Aha River, south of Orangewood. Councilwoman Kaywood commented on the report submitted regarding the structural integrity of the present City Hall and was concerned that the City was placing itself in a position of tremendous liability by cont~nuing to use it. She expressed this was an excellent oportunity to do something about the situation and asked that copies of the reports be included with the application. RESOLUTION: Councilwoman Kaywood offered a resolution that the application for Federal Funds under the Public Works Employment Act of 1976 be signed and submitted covering all 8 projects as outlined in the staff reports,including Phase I, II and III of City Hall. Before a vote was taken, it was ascertained that at least a 90-day time period would be involved before any word was received from Washington as to the status of the application. Mayor Pro Tem Seymour stated he had not read the second structural engineer's report just now distributed. He saw no problem in support~ing all 8 projects except for Phase II-A and II-B of the Civic Center Project as outlined in Joint staff report dated September 8, 1976. He was concerned that if funds were granted, the Council would be faced with the task of raising additional capital and the alternatives, in his estimation, were, (1) an increase in utility rates to generate sufficient revenue to meet a $2.6 million committment, (2) development of other sources of revenue, (3) going to the already Iow unappropriated reserve account and, (4) some form of lease back or Joint powers agreement. In considering alternativ~ number 4, Mayor Pro Tem Seymour indicated that while this may be a viable way of financing a capital improvement, he has been opposed to that type of financing at least for City Hall because such a move might be interpreted as a scheme to build a new Civic Center without first going to the electorate and, secondly, running a high risk of losing crediblity to the top priority in the community, that of redevelopment itself which is much more than Just a civic center, if substantial redevelopment funds were used. Mayor Pro Tem Seymour stated he would be willing to support the application to EDA if the resolution as proposed was amended to exclude Phase II-A and II-B of City Hall, otherwise he would oppose it; something he did not want to do because of the other valuable programs involved. Councilwoman Kaywood stressed that she did not want to exclude the Phase II portion because of the possibility that $5 millon or even more would be available and that if it were excluded, the liabilty claim from people who could be killed or injured in the present building would be much greater. Mayor Pro Tem Seymour indicated he would be satisfied even with the inclusion of all phases of the Civic Center if the resolution were amended to state that whatever Covernment funds were received would not be augmented by funds from the General Fund, utility rates, or lease back or Joint powers agreements. Councilman Roth and City Manager Talley both indicated that at this point the City would not be making any commitment of funds from the community or the taxpayer until a commitment was received back from the Government and, prior to accepting any grant, an acceptable financing program would be first presented. Mr. Talley also reiterated for Councilman Roth that the City would have the option to reject or amend any award granted. As confirmed by Mr. Talley, if the City were given the grant as requested, the Government assumes that construction would be started within 30 days; thereupon 76-679 City Hall, Anaheim, California -COUNCIL MINUTES - September 21', 1976, 1:30-P.M. Mayor Pro Tem Seymour stated he wOuld still oppOse' the 'resolution as he wanted it clear that unleSs the question of additional financing Was resolved, he was not ready to commit other City funds to Join in this project. Councilwoman Kaywood asserted that it was premature to assume there were no other sources of funding especially since the Citizen's Capital Improvement Committee had not yet completed their financial feasibility study to secure other alternatives for financing. The aforementioned resolution offered 'by Councilwoman Kaywood failed to carry. RESOLUTION: Councilman Seymour offered a substitute resolution authorizing the dity b~na'ger to. sign the subject application including all of the 8 stated projects-excepting that which references PhaSe II of the Civic Center. A vote was not taken on. the foregoing resolution but instead Councilwoman Kaywood asked if MayOr Pro Tern Seymour WOuld consider including Phase II, at the same time stating the methods of financing that could not be used. Mayor Pro Tem SeYmour reiterated he would support the measure as long as the Federal Government would finance it, but he would not want the promise of Federal funds to go against' personal principles which he has 'voiced publicly. Councilman Kott questioned whether or not Mayor Pro Tern Seymour could agree to a lease back arrangement if the electorate had an opportunity to vote on it. Mayor Pro Tern Seymour expressed favor to Councilman Kott's suggestion and subsequently asked if long. term financing were to be used, would the Council agree to only a lease back, Joint powers agreement or a bond issue approved by the electorate. The consensus being positive, Mayor Pro Tem Seymour amended his substitute resolution and offered Resolution No. 76R-574 for adoption authorizing the City Mmn~ger to submit the application for Federal funds to the Office of Economic Development Administration under the Public Works Employment Act of 1976 on all 8 proposed projects with the provision that any contribution from the City of Anaheim, on Phase II-A and II-B of the Civic Center Project be approved by the electorate or financed on a pay-as-you-~o basts. Refer to Resolution Book. RESOLUTION NO. 76R-574: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A~AHEIM APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS ON BEttALF OF TIlE CITY PURSUANT TO THE LOCAL PUBLIC WORKS EMPLOYMENT ACT OF 1976 FOR SUBMITTAL TO T~tE OFFICE OF ECONOMIC DEVELOPMENT ADMINISTRATION' Roll CallVote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS .' None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tern declared Resolution No, 76R-574 duly passed and adopted. EI~VIRONMENTAL IMPACT - NEGATIVE DECLARATION: (Fire Department~ Training Center, Southeast corner Rampart and Orangewo0d)on motion by Councilman Kott. seconded by Councllwoman. Kaywood, the City Council finds that the proposed project will have no significant effect on the environment and is' therefore, exempt from the requirement to prepare an Environmental Impact Report. Councilman Thom absent. MOTION CARRIED. On motion by Councilwoman Kaywood, seconded by Councilman Kott, the City Manager was authorized to sign a Joint Powers Agreement witbthe Cities of Garden Grove and Orange for the construction of a Fire Training Facility on the proposed 4.75 acre site owned by the City of Anaheim. CounCilman Thom absent. MOTION CARRIED. RECESS: By general consent the Council recessed for 10 minutes. (2:40 P.M.) AFTER RECESS: The Mayor Pro Tern called the meeting to order, all Council Members being present with the exception of Councilman Thom. (2:50 P.M.) PUBLIC HEARING - ABANDON}f~2~T NO. 76-3A: In accordance with the application filed by Mr. David B. Garrison, Chief Project Coordinator, Carl Karcher Enterprises, Inc., and pursuant to Resolution No. 7~6R-53!, .public hearing was held on the 76-680 C_ity tlall~ Anaheim, California - COUNCIL MINUTES - Sap:ambcr Zl! 19761 1;30 proposed abandonment of an existing public utility easement lying within the property located at the southeast corner of La Palma Avenue and Kraemer Boulevard. Report of the City Engineer was submitted recommending approval of said abandonment uncondit ionally. The Mayor Pro Tern asked if anyone either in favor or in opposition to the proposed abandonment, wished to speak,there being no response, he declared the hearing closed. Councilman Roth offered Resolution No. 76R-575 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-575: A RESOLUTION OF T~IE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF THAT PORTION OF CERTAIN PROPERTY DESCRIBED HEREIN. (76-3A) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 76R-575 duly passed and adopted. CALIFORNIA HIGHWAY PATROL - COMMERCIAL ENFORCEMENT AND ACCIDENT LNVESTICATION CLASSES: Councilman Kott offered 'Res"~"lution NOs'. 76~-576' and 76R-577 'for ...... adoption. Refer to Resolution Book. RESOLUTION NO. 76R-576: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMk~T BETWEEN THE CITY OF ~N;dIEIM AI{D THE STATE OF CALIFORNIA, DEPARTMENT OF HIGHWAY PATROL, RELATLNG TO COMMERCIAL ENFORCEMENT CLASSES FOR ANA}~.IM POLICE OFFICERS AT THE CALIFORNIA HI~IWAY PATROL ACADEMY. (April 18-29,1977) RESOLUTION NO. 76R-577; A P~ESOLUTION OF THE CITY COUNCIL OF T}LE CITY OF ANAHEIM APPROVING AND AUTHORIZING ~ EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF A~{AHEIM AI~D THE STATE OF CALIFOR~;IA, DEPARTMENT OF ttIGHWAY PATROL, RELATING TO TP~aINING CLASSES FOR ANAt~IM POLICE OFFICERS AT TIlE CALIFORNIA HICtlWAY PATROL ACADE}fY. (January 10-14,1977) Roll Call Vote: AYES: COL~CIL b~MBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL ~X~MBERS: None ABSENT: COb~CIL MEMBERS: Thom The Mayor Pro Tem declared Resolution Nos. 76R-576 and 76R-577 duly passed and adopt ed. APPOINTMENTS TO COMMUNITY SERVICES BOARD; On motion by Councilwoman Kaywood, seconded by Councilman Roth, appointments to the Community Services Board were continued for two weeks for a full Council . Councilman Thom absent. MOTION CARRIED. ORANGE COUNTY FLOOD CONTROL DISTRICT - FULLERTON CREEK CHANNEL: Councilman Kott o--ffered Resolution No." 76R-578 for ad0Ptio~.'" Refer ~'o Resolution Book. RESOLUTION NO. 76R-578: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT PROVIDING FOR REIMBURSEMENT TO THE CITY OF ANAHEIM FOR RELOCATION COSTS TO CLEAR THE CONSTRUCTION AREA FOR THE FULLERTON CREEK CHANNEL AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom 76-681 City Ilall~ Anaheim, .California - COUNCIL MINUTES - September 21~ 1976~ 1:30 P.M. The ~ayor declared Resolution No. 76R-578 duly passed and adopted. SUNDIAL - PCB COMPANY: On the recommendation of the Utilities Director, Councilman Kott offered Resolution No. 76R-579 for adoption Refer to Resolution Book. ' RESOLUTION NO. 76R-579: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS OF AN AGREEMENT BETWEEN /lIE CITY OF AN~d{EIM AND SUNDIAL-PCB COMPANY RE REIMBURSEMENT OF COSTS FOR SPECIAL WATER FACILITIES, AND AUTHORIZING T~DZ biAYOR A~ND CITY CLERK TO EXECUTE SAID AGREEMENT (Tract Nos. 913~, 0135 and 9136) ' Roll Call Vote: Atq]S: COUNCIL b~HBERS: Kaywood, Seymour, Kott and Roth NOES; COUNCIL ~[EMBERS: None ABSENT: COUNCIL ~MBERS: Thom The Mayor Pro Tem declared Resolution No. 76R-579 duly passed and adopted. AMENDMENT - TILES SOFTWARE CONTRACT; Data Processing Manager, Keith Parkyn, requested approval of an amendment to the consulting services agreement with TRES Computer Systems for an extension of 6 months, not to exceed $50,000, as outlined in the Utilities Director's memorandum of September 16, 1976. Mr. Parkyn clarified for Councilman Kott that the amendment was necessary to provide post implementation maintenance and extension services for the new computer system now in operation in the Utilities Department, as provided for in the 1976-77 Budget. Councilwoman Kaywood offered Resolution No. 76R-580 for adoption. Refer to Resolution Book° RESOLUTION NO. 7.6R-580: A RESOLUTION OF T}{E CITY COUNCIL OF TILE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SECONq) AMENDMENT TO AN AGREEMENT DATED JUNE 17, 1975, WITH TRES COMPUTER SYSTE~, INC., PROVIDING FOR MAINTENANCE AND EXTENSIONS AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ANAIIEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood~ Seymour, Kott and Roth NOES; COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 76R-580 duly passed and adopted. ANIMAL CONTROL SERVICES; Deputy City Attorney, Frank Lowry recommended the adoption of three re~olutions establishing animal facility rules, regulations and fees, animal permit rules and regulations, and approving terms and conditions of a contract with the County of Orange for animal control services. Mr. Lowry further requested first reading of a proposed Ordinance repealing Title 8, Chapter 8.08 of the Anaheim Municipal Code and adopting a new Ordinance by reference providing for the change~ as outlined in the three resolutions proposed. Councilman Kott offered Resolution Nos. 76R-581 through 76R-583, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-581: A RESOLUTION OF Tl~ CITY COUNCIL OF THE CITY OF ANAHEIM STATING AND ESTABLISHING ANIMAL FACILITY RULES, REGULATIO~IS AND FEES. RESOLUTION NO. 76R-582~ A RESOLUTION OF /]LE CITY COUNCIL OF THE CITY OF ANAI~IM ESTABLISHING ANIMAL PERMIT RULES AND REGULATIONS. RESOLUTION NO. 76R-583: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~2~AHEIM APPROV]2~G THE TERMS 'AND CONDITIONS OF AN AGREEMENT WITH TIIE COUNTY OF ORANGE FOR ANIM~L CO~rROL SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMenT ON BEHALF OF THE CITY OF ANA}IEIM. 76-682 City Hallt Anaheiml California - COUNCIL MINUTES - September 21, 1976t 1:30. P.M. Roll Call Vote: AYES; COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBEP,$~ None ABSENT: COUNCIL MEMJtERS: Thom The Mayor Pro Tm declared Resolution Nos. 76R-581 through 76R-583 duly passed and adopged. ORDINANCE NO. 3594: Councilman Kott offered Ordinance No. 3594 for first reading. ORDINANCE .NO. 3594: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 8, CHAPTER 8.08 OF T~E ANAHEIM MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.08 IN ITS PLACE AND STEAD. FI(~JRE MODEL STUDIO ESTABLISHMENTS: Assistant City Attorney Hopkins explained that" on 'July 29, 1976, there was an injunction and complaint for declaratory Judgment br. ousht in the Superior Court in connection with the Figure Model Studio Establishment Ordinance No. 3532 adopted by the City Council on May 11, 1976. Although the Ordinance vas upheld, it was declared that due process required notice and hearing provisions be inserted rather than suspension provided summarily by the License Collector. By amending the present ordinance to require notice and hearing, }ir. Hopkins believed this would conform vith the Judge's order and, therefore, proposed first reading of an ordinance amending Chapter 4.31 of the Anaheim Municipal Code. Councilwoman Kaywood offered Ordinance No. 3595 for first reading. ORDINANCE NO. 3595: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4'.31.21'0 AND 4.31.220 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FICURE MODEL STUDIO ESTABLISHMENTS. DOUCLASS/SUNKIST ACRICULTURAL PRESERVE: Mr. Lowry explained that in order to establish whether an Agricultural Preserve is to be terminated, the Government Code, in conjunction with the Williamson Act, requires the setting of a date, time and place for public hearing. A recently approved Plan Amendment in the area east of Sunkist, north of Cerri=os, and south of Ball Road involved the annexation of an Agricultural Preserve of approximately 25 acres, part of which is being proposed to be used for a mobile home park. Mr. Lowry confirmed that the proposed resolution did not cover termination at this time, but was only to establish the public hearing and ordering the Assessor to determine cancellation value. Councilman Kott offered Resolution No. 76R-584 for adoption. Refer ~o Resolution Book. P,~SOLUTION NO. 76R-584: A RESOLUTION OF THE CITY CUNCIL OF THE CITY OF ANAHEIM ESTABLISHINC A PUBLIC HEARINC TO DETERliINE WHETHER AGRICULTURAL PRESERVE AGREE- MBNTS SHOULD OR SHOULD NOT BE CANCELLED. (Gregg, Fluor, and Simpson) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 76R-584 duly passed and adopted. SLURRY SEAL CONTRACT - EXTR~INC.BID DATE: CouncilwmanKayvood offered Resolution No. 76R-§85 for adoption. Refer to ReBolution Book. R~...SOLUTION NO. 76R-58}! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-563. (Slurry Seal Contract) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOF~: COUNCI/, Hi. BEltS: None ABSENT: COUNCIL ~: Thom 76-683 City Hall~ Anaheim~ CaliforD. ia - COUNCIL MINUTE. S , September 21! 1976! 1:30 P,M, The Mayor Pro Tem declared Resolution No. 76R-585 duly passed and adopted. PETITION - EUCLID STREET AND EUCLID WAY INTERSECTION: Assistant City Engineer, William Devitt, reported on the petition from Robertshaw Controls employees regarding the Euclid Street and Euclid Way intersection with the request for help in obtaining access to northbound Euclid Street from Euclid Way as outlined in the Engineering Department memo dated September 2, 1976. Mr. Devitt explained that within the last two weeks a "keep clear" legend was installed on the pavement at the problem location although he could not attest to its effectiveness. A proposed agreement had been submitted to the City Attorneyts Office which would provide for an additional roadway to the rear of Robertshaw Controls which would allow exit onto Crescent Avenue avoiding Euclid Street entirely. Mr. Devit~ indicated that both Robertshaw and U. S. Borax were most anxious to proceed with this new road. Councilman Roth expressed that top priority should be given to the completion and execution of the agreement. No further action was taken by the Council at this time. CITY OF PLACENTIA ANNEXATION NO. 76-1 (Boundary Adjustment): Councilman Roth offered Resolution No. 76R-586 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-586: A RESOLUTION OF TILt CITY COUNCIL OF THE CITY OF ANAHEIM C--ONSENTING TO THE DEf'AC}DiENT OF CERTAIN TERRITORY FROM THE CITY OF ANA/iEIM TO BE ~2~NEXED TO THE CITY OF PLACENTIA. (Miraloma between ~k~¥~ew alld ]~ee Alia ~tr~et) Roll Call Vote: AYES: COUNCIL b~MBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The ~yor Pro Tern declared Resolution No. 76R-586 duly passed and adopted. DESIGN AND PLAN PREPARATION - STORM DRAIN NO. 17: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council approved an agreement for consulting engineers services with Tait and Associates for the design and plan preparation for Storm Drain No. 17 in the Anaheim Canyon Industrial area. Councilman Thom absent. MOTION CARRIED. JOI:IT POWERS AGREEMENT WITH STANTON COUNTY WATER DISTRICT: Councilman Kott offered Resolution No. 76R-587 for adoption. Refer to Resolution Book. RESOLUT.I. ON. NO.' 7.6.R-587: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AP'~ROVING 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. (Twila Reid Park) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution No. 76R-587 duly passed and adopted. ABANDONME}~f NO. 75-15,A; PALM STREET BETUEEN HARBOR AND BALL: Councilwoman Kaywood offered Resolution No. 76R'-'588 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-588: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR }H~ARING I~{EREON. (October 12, 1976, 2:30 P.M.) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Roth NOES: COUNCIL ME~ERS: None ABSENT: COUNCIL MEMBERS: Thom 76-684 City Hal!; Anaheim~ California - COUNCIL MINUTES - September 21~ 1976~ 1:30 P.M. The Mayor Pro Tem declared Resolution No. 76R-588 duly passed and adopted. APPOINTMENT TO UTILITIES BOARD: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council continued the appointments to the Utilities Board for two weeks for a full Council Councilman Thom absent. MOTION CARRIED. ' _FREDERICK LITTLE HOUSE; Andrew Deneau, Chairman, Anaheim Heritage Committee of the Cultural Arts Commission explained that a temporary location had been secured for the Frederick Little House on the southeast corner of Manchester and Broadway and it was necessary at this time to obtain a moving permit for execution of the move. Mr. Deneau further explained that the cost of the subsequent move to a final site was being underwritten by a private donor. Mr. Deneau stated that a report had been completed on the conceptual use of the house as well as its administration which was to be presented to the Museum Committee on September 22, 1976, basically proposing that the refurbishing of the building be conducted by a non-profit organization. Subsequent to that meeting Mr. Deneau said the conceptual plan would be presented to Council. He indicated he was also recommending a funding budget for the building, not involving City funds, but an administrative budget so that donations could be received and monies expended and as a part of the recommendation, the $2,535 already received from the Council Contingency Fund authorized to assist in the move be returned to the Council as soon as budget permits. Councilwoman Kaywood questioned Mr. Deneau on the outcome of a prior meeting regarding a permanent location offered by Euclid Street Baptist Church. Mr. Deneau explained that because the building was City property to be located on a private parcel owned by a religious institution it would involve extensive legal negotiations. On advice of the City Attorney's Office, the offer was declined. Councilwoman Kaywood indicated that she would have to wait 'for a written report by the Museum Committee before making the City responsible in this matter. Mr. Deneau stressed that the building would be demolished by Pacesetter Homes if there was another week's delay, and the City would be billed for the demolition. Councilman Roth asked the City Attorney if he saw any liability in moving the house onto the Shipkey property. Mr. Hopkins indicted that if a hold harmless agreement was obtained holding the City harmless, there would be no problem. Mayor Pro Tem Seymour indicated :hat any motion to approve the issuance of a permit must speak to holding the City harmless. On motion by Councilman Roth, seconded by Councilman Seymour, the City approved the issuance of a moving permit for the Frederick Little House to be moved to a temporary location at the southeast corner of Manchester and Broadway, with the condition that a hold harmless agreement, holding the City harmless from any liability, be supplied by Mr. Art Shipkey, owner, prior to the house being moved. Councilman Thom absent. To ~his motion, Councilwoman Kaywood voted "No". MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, 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. CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or self-insurance administrator,. a. Claim submitted by Southern California Gas Company for damages purportedly sustained to a gas main located at 1169 Knollwood by a City'water crew on or about June 24, 1976. b. Claim submitted by Cathy Leon for injuries and damages purportedly sustained as a result of a collision with a City vehicle on or about June 30, 1976. 76-685 City Hall, Anaheim, California - COUNCIL~ MINUTES - September 21, 1976, 1:30 P.M. c. Claim submitted by James Frisbie (dba McDonalds) for damages purportedly sustained as a result of an electrical fire caused by a City employee closing the main switch on or about September 16, 1975. d. Claim submitted by Ilona Pergola for injuries purportedly sustained as a result of being struck by a City vehicle on or about June 30, 1976. e. Claim submitted by Catherine Pergola for injuries purportedly sustained as a result of being struck by a City vehicle on or about June 30, 1976. f. Claim submitted by Dora Cochran for damages purportedly sustained as a result of a City employee shutting off water supply in the vicinity of 1518 N. Kenwood on or about August 18, 1976. g. Claim submitted by John W. Lauer for damages purportedly sustained as a result of a golf ball, which shattered his front windshield while parked adjacent to Dad Miller Municipal Golf Course on or about July 18, 1976. h. Claim submitted by Pacific Telephone and Telegraph Company for damages purportedly sustained to buried cable by City employees on or about August 27, 1976. i. Claim submitted by Mr. and Mrs. Bernard Fratto for damages purportedly sustained to their vehicle from a foul ball from La Palma Stadium on or about August 24, 1976. 2. CORRESPONDENCE: The following correspondence was ordered received and filed. a. Community Redevelopment Commission -minutes - August 25, 1976. b. City of Huntington Beach Resolution No. 4319 - urging the California State Legislature to Review State Property Tax Structure and to enact legislation to provide property tax relief to homeowners. c. Application before the California Public Utilities Commission - Greyhound Lines, Inc. for authority to abandon certain intercity and urban routes in Los Angeles and Orange Counties. d. Federal Power Commission - Order extending procedural dates, - Southern California Edison Company, Docket No. ER76-205. e. Local Agency Formation Commission - minutes - August 25, 1976. f. City of Garden Grove Resolution No. 5145-76 - supporting the site in San Bernardino County for development of the Ten Megawatt Solar Electric Demonstration Plant. g. Orange County Vector Control District - minutes - August 19, 1976. h. Anaheim Sports Council Executive Board -minutes - September 1, 1976. i. Monthly reports.. Electrical Division - July 1976 Building Division - August 1976 MOTION CARRIED. TWILA RE. ID PARK~ ELECTRICAL SITE IMPROVEMENT~. W.O. NO. 812: The City Clerk reported that staff has requested that Change Order No. 1 for the Twila Reid Park, Electrical Site~Improvement, Work Order No. 812, be scheduled at a later date. RESOLUTION NOS. 76R-589 through 76R-592: Councilman Roth offered Resolution Nos. 76R-589 through 76R-592, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 76R-589: A RESOLUTION OF THE CITY COUNCIL OF ~{E CITY OF ANAI~IM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Calvin L. Kenny, et ux; Placentia Unified School District; Charles Robert McGrady, et ux; and Olen P. Boutcher, et ux) 76-686 City Hall, Anaheim, C. alifo.rni.a' -. COUNC.I.L .M.~.,N.U.T.ES - September 21, 1976. 1:30 p.M. RESOLUTION NO. 76R-590: A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEP~NT, TO I'~T: THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LICIITI*.~C AT THE INTERSECTION OF LA PALMA AVENUE AND TUSTIN AVENUE AND KKAEMER BOULEVARD AND LA PALMA AVENUE, IN Tile CITY OF ANA/{EIM, WORK ORDER NO. 793-B; APPROVING TIlE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR TIIE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IHPROVEMENT IN ACCORDANCE I,rlTH 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 October 21, 1976, 2:00 p.m.) RESOLUTION NO. 76R-591: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAItEIM APPROVING THE TERMS AND CONDITIONS OF AN ENCROACHMENT PER}fIT AND AUTHORIZING T~{E MAYOR AND CITY CLERK TO EXECUTE SAID ENCROAC~fldENT PERMIT UITH MRS. ANNA P. KRO~EM. P~SOLUTIO~; NO, 76R-592: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON CERTAIN REAL PROPERTY AND FIXING A DATE FOR HEARING THEREON. (Abandon a portion of Jefferson Street lying easterly of Tustin between La Palma and Coronado; public hearing, October 12, 1976, 2:30 p.m.) Roll Call Vote; AYES: COUNCIL MEMBERS: KaYWood, Seymour, Kott and Roth NOES: COLqqCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution Nos. 76R-589 thriugh 76R-592, both inclusive, duly passed and adopted. CITY PLAI~{ING COMMISSION ITF~MS: Actions taken by the City Planning Commission at their meeting held August '3'b~' 1976, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Kott, seconded by Councilman Roth, the City Council authorized the actions pertaining to the following environmental impact requirements as recommended by the City Planning Commission, and took no further action on the following applications (Item Nos. 1 through 8). 1. ENVIRONMENTAL IMPACT P. EPORT - CATEGORICAL EXEMPTIONS: The Planning Director has determined that the'proposed activity in the following listed zoning applications falls within the definition of Section 3.01, Class 1, 3 and 4 of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and are, therefore, categorically exempt from the requirement to file an EIR: Variance No. 2836 Variance No. 2837 Conditional Use Permit No. 1638 Conditional Use Permit No. 1647 2. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: The Planning Commission recommends to the City Council that the subject project in the following listed zoning application be declared exempt from ~he requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act: Variance No. 2839 3~ VARIANCE N0. 2,8.36: Submitted by Imperial Properties for waiver of required landscaped berm on property located at 5741 - 5791 Santa Aha Canyon Road. City Planning Commission Resolution No. PC76-163 granted Variance No. 2836. 4. VARIANCE NO. 2837: Submitted by Doyle and MarJorie Smith for waiver of permitted accessory uses and structures to construct a 2-story accessory structure, on property located at 1643 Nest Cerritos Avenue. 76-687 City Hall} Anaheim~ California - COUNCIL MINUTES - September 21~ 1976, 1:.30 ..p~M. City Planning Commission Resolution No. PC76-164 denied Variance No. 2837. 5. VARIANCE NO. 2839' Submitted by Sixpence Inns of America Inc., for waiver of required stree~ fr~ontage to establish a lot without frontage on a public street. Property located on the north side of the Riverside Freeway, southerly of the southeast corner of Via Burton and State College Boulevard. The City Planning Commission Resolution No, PC76-166 granted Variance No. 2839. 6. CONDITIONAL USE PERMIT NO. 1638: Submitted by First American Trust ~Company and Thomas P. Walker, Jr., to permit auto painting and body repair at 2100 "B" East Via Burton. City Planning Commission Resolution No. PC76-167 granted Conditional Use Permit No. 1638. 7. CONDITIONAL USE PERMIT NO, 1647; Submitted by John H, and Valerie $. Scudder, to permit auto sales and repair at 1552 "D" 1556 "B" 1558 "B" and "D" and 1594 "D" South Anaheim Boulevard. City Planning Commission Resolution No. PC76-168 granted Conditional Use Permit No. 1647. 8. CONDITIONAL USE PERMIT. NO.,,, 1!,.6..6 ~ EXTENSION OF TIME: Submitted by W. R. and Patricia Miller for an extension of time t'o permit b~LsL storage and repair facilities and the incidental rental of autos at 340 East Katella Way. City Planning Commission granted one year extension of time to expire January 21, 1977. MOT ION CARRI ED . VARIANCE NO. 2838~ EIR NO. 185: (Tentative >~p 9466) Submitted by Texaco-Anaheim Hills Inc. for waiver of requirement that all lots rear on arterial highways, to establish a 64-1ot RS-HS-10,000 (SC) subdivision on property located on the north and south sides of Canyon Rim Road, west of Serrano Avenue. The City Planning Commission Resolution No. PC76-165 recommended that the City Council certify EIR No. 185,supplemental to EIR No. 80, as being in conformance with City and State Guidelines and the State of California Environmental Quality Act and further granted Variance No. 2838. ENVIRONMENTAL IMPACT REPORT NO. 185 - CERTIFICATION: EIR No. 185, supplemental to EIR No. 80, having been reviewed by the City staff and recommended by the City Planning Commission to be in compliance with City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Roth, seconded by Councilman Kott, that EIR No, 185 is in compliance with the California Environmental Quality Act and City and State Guidelines. Councilman Thom absent. MOTION CARRIED, The City Council took no action on Variance No. 2838. TENTATIVE MAP, TRACT NO. 9466: Developer, Texaco-Anaheim Hills Inc.; Tract located approximately 730 feet west of the centerline of Serrano Avenue, north side of Canyon Rim Road, containing 64 RS-HS-10,000 (SC) zoned lots. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivi- sion, Tentative Map, Tract No. 9466, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved said Tentative Map subject to the following conditions recommended by the City Planning Commission: 1. That the approval of Tentative Map of Tract No. 9466 is granted subject to the approval of Reclassification No. 73-74-46 to the RS-HS-iO,000 (SC) Zone and Variance No. 2838. 2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 76-688 City Hall~ Anahelm~ California - COUNCIL MINUTES - September 21t 1976~ 1:30 3. That, in accordance with City Council policy, and as stipulated to by the petitioner, a six (6) foot high, decorative, openwork fence shall be constructed on the south property line separating Lot Nos. 1 and 2, 14 and 15, 19-21, 31-33, 52-56, 63 and 64 from Canyon Rim Road except that for corner Lot Nos. 2, 14, 15, 31, 32, and 63, said fence shall be stepped down to a height of thirty (30) inches in the required front yard setback, except that pedestrian openings shall. be provided in said fence where cul-de-sacs abut the planned highway right-of-way line of the arterial highways; plans for said fence to be submitted to the Planning Department for approval prior to final approval of the final tract map. Reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the arterial highway parkway the full distance of said fence; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 4. That all lots within this tract shall be served by underground utilities. 5. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 6. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorneyts Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 7. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bonding to insure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 8. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 9. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April lSth unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 10. That grading, excavation, and all other construction activities shall be conducted in such a mannner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing throu~ this project. 11. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 12. That the developer of subject tract shall enter into a special facilities agreement with the City for water facilities in the High Elevation System, as required by Rule 15B of the Water Utility Rates, Rules, and Regulations prior to approval of a final tract map. 76-689..~ City Hall, Aaa,helm,., California - COUNCIL MIN~.TE,SL- September 21~ 19.7,,6,~, 1:30, ,P.M; 13. That prior to the approval of the final tract map. the petitioner shall submit final specific floor plans and elevations to the City Council for approval. 14. That prior to the approval of the final tract map, a specimen tree plan or other information, acceptable to the Planning Department, shall be submitted to and approved by the Planning Department in accordance with the provisions of the "SC" Scenic Corridor Zone-Overlay. Any decision made by the Planning Department may be appealed to the Planning Commission. 15. In accordance with the requirements of Section 18.02.047 pertaining to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract, Councilman Thom absent. MOTION CARRIED. TENTATIVE MAPt TRACT NO. 9465 AND EIR No. 184: Developer, Anaheim Hills Inc.; Tract located approximately 2070 feet west of the centerline of Serrano Avenue, south side of Canyon Rim Road; containing 60 RS-HS-10,000 (SC) proposed zoned lots. The City Planning Co~nission recommended that the City Council certify EIR No. 184, supplementing EIR No. 80, as being in conformance with City and State Guidelines and the State of California Environmental Quality Act. E.~IRONMENTAL IMPACT REPORT NO. 184 - CERTIFICATI(R~: EIR No. 184, supplemental to EIR No. 80, having been reviewed by the City Staff and recommended by the City Planning Commission to be in compliance with the City and State Guidelines and the State of California Environmental Quality Act, the City Council acting upon such information and belief does hereby certify, on motion by Councilman Roth, seconded by Councilwoman Kaywood, that EIR No. 184 is in compliance with the California Environmental Quality Act and City and State Guidelines. Councilman Thom absent. MOTION CARRIED. On motion by Councilman Roth, seconded by Councilman Kott, the proposed subdivision, Tentative Map, Tract No. 9465, together with its design and improvement, was found to be consistent with the City's General Plan, and the City Council approved said Tentative Map subject to the following conditions recommended by the City Planning Commission: 1. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval. 2. That, in accordance with City Council policy, and as stipulated to by the petitioner, a six (6) foot high, decorative, openwork fence shall be constructed on the north property line separating Lot Nos. 1 through 5, and 51 through 54 from Canyon Rim Road and plans for said fence shall be submitted for Planning Department approval prior to City Council approval of the final tract map. Reasonable landscaping, including irrigation facilities, shall be ins:ailed in the uncemented portion of the arterial highway parkway the full distance of said fence; plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance. Following installation and acceptance, the City of Anaheim shall assume the responsibility for maintenance of said landscaping. 3. That all lots within this tract shall be served by underground'utilities. 4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 5. That the covenants, conditions, and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map and, further, that the approved covenants, conditions, and restrictions shall be recorded concurrently with the final tract map. 6. That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the proposed 76-690 City Hall, Anaheim..,. California - COIJNCIL ~ilNUTES - Septemb..e..r 21~ 1976! 1:30 P.M, functioning of the operating corporation including, but not limited to, the articles of incorporation, bylaws, proposed methods of management, bondin~ to insure maintenance of common property and bui!dinKs, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project, 7. That street names shall be approved by the City Planning Department prior to approval of a final tract map. 8. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer, If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developer of said property upon their request. 9. That grading, excavation, and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Aha River by storm water originating from or flowing through this project. 10. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy. 11. That no water shall be allowed to drain from this tract into the Walnut Canyon Keservolr without prior approval of the City of Anaheim Utilities Department. 12. That the Heveloper of subject tract shall enter into a special facilities agreement with the City for water facilities in the High Elevation System, as required by Rule 15B of the Water U~ility Rates, Rules, and Regulations prior to approval of a final tract map, as stipulated to by the petitioner. 13. That prior to the approval of the final tract map, the petitioner shall submit final specific floor plans and elevations to the City Council for approval. 14. That prior to approval of the final tract map, a specimen tree plan or other information, acceptable to the Planning Department, shall be submit:ed to and approved by the Planning Department in accordance with the provisions of the "SC" Scenic Corridor Zone-Overlay. Any decision made by the Planning Department may be appealed to the Planning Commission. 15. In aeeordane~ with th~ raquiram.nt~ of Section 18.02.047 p~rtainin~ to the initial sale of residential homes in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within 300 feet of the boundaries of subject tract. Councilman Thom absent. MOTION CARRIED, WAIVER OF GRADING ORDINANCE - TRACT NOS, 9465 AND 9466: (Request by Lind and Hillerud, Inc.) On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council approved the request for waiver of the Hillside Grading Ordinance requirement that lot lines be located 2 to 3 feet from the top of the slopes relating to Tentative Tract h~os. 9465 and 9466, as recommended by the Planning Commisson. Councilman Thom absent. MOTION CARRIED. 76-691 City Hall~ Anaheim, California - COUNCIL MINUTES - September 21, [976~ 1:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: (Construction of a new collector street, Hancock Place) The City Planning Commission recommended that the proposed project be exempt from the requirement to prepare an EIR and further that the proposed new interior industrial street be constructed without a median and that the exist- ing specimen trees be removed and replaced in accordance with the Tree Preservation Ordinance on the basis that the proposed industrial street does not traverse a resi- dential street, is not classified as an arterial highway, and provides good access and circulation for approximately 150 acres of industrially-designated land. On motion by Councilman Roth, seconded by Councilman Seymour, the City CoUncil finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an Environmental Impact Report. Councilwoman Kaywood abstained. Councilman Thom absent. MOTION CARRIED. TENTATIVE TRACT NOS. 8142, REVISION NO. 1~ AND 8560~ REVISION NO. 4: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council continued action on Tentative Tract No. 8142 to bex,heard'in cOnjunction with Variance'No. 2829 and EIR No. 182,.and on Tentative Tract No. 8560 to be considered in conjunction with EIR No. 186. Councilman Seymour abstained. Councilman Thom absent. MOTION CARRIED. WAIVER OF REQUIREMENT TO FORM COMMUNITY ASSOCIATION - TRACT NOS. 9169 AND 9170: (Request from Madole and Associates, Inc.) On motion by Councilman Roth, seconded by Councilman Seymour, the City Council approved the request for waiver of require- ment to form a Community Association and proposed that each residence maintain the slope pertaining to that lot, as recommended by the Planning Commission, subject to the condition that the developer make provisions to assure that the purchasers of the subject lots are informed about the requirement to maintain the slopes. Councilman Thom absent. MOTION CARRIED. "HENNING WAY" - REQUEST FOR STREET NAME CHANGE: Mayor Pro Tem Seymour referred to the September 21, 1976 memorandum from the Planning Department recommending that the street name "Henning Way" be changed to "Henning Canyon Road'' as requested by Mrs. Charles W. Homer, 300 South Henning Way in her letter of June 30, 1976. The request was made because of possible confusion which could result because of the similarity in the sound of Henning Way and Hemmingway. Councilman Roth moved that the name change be approved as recommended so as to resolve any confusion in street names which might be cause for emergency vehicles. Councilwoman Kaywood seconded the motion for discussion. Councilwoman Kaywood referred to the letter dated September 20, 1976, from Mr. Arthur Henning, wherein he expressed his opposition to the proposed new name because it was too long and, in fact, no canyon was involved and suggested the alternative name should be changed. The proposed alternative was acceptable to Councilwoman Kaywood. Councilman Roth and Councilwoman Kaywood respectively withdrew the motion and the second and moved instead to continue the matter for one week so that residents could be informed of the alternate name change proposed~ that of Henning Drive. Councilman Thom absent. MOTION CARRIED. Councilwoman Kaywood also asked for clarification by staff that there was, in fact, a street named Hemmingway. EXTENSION OF TIME - SIGN ENCROACHMENTS 607 AND 617 SOUTH HARBOR BOULEVARD: (Request by Mr. Gray Kilmer, Laurel Insurance Agency) As recommended by the Planning Department, on motion by Councilman Kott, seconded by Councilman Roth, the City Council granted an extension of time for encroachment in the street right-of-way for two free-standing signs located at 607 and 617 South Harbor Boulevard, retro- active to June 8, 1976, to expire June 8, 1986, subject to the condition that the encroachment apply only to the existing signs and not to any other"signs, and also that the encroachment will expire in the event the buildings are removed, destroyed or remodeled to the extent of 50% or more of their fair market value at the time of remodeling. Councilman Thom absent. MOTION CARRIED. AWARD OF WORK ORDER NOS. 791-B AND 777-B AND 872: Councilwoman Kaywood offered Resolution Nos. 76R-593 and 76R-594 for adoption, awarding contracts in accordance with the recommendations of the City Engineer. Refer to Resolution Book. 76-692 City Hallt. AnaheimI California- COUNCI.L MINUTgg_~-..$~tem~r,,.21., 1976, 1:30 P.M. RESOLUTION NO. 76R-593: 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 EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORM- ING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE EUCLID STREET STREET IMPROVEMENT, 321' N/O S.P.R.R. TO 70' S/O S.P.R.R., IN THE CITY OF ANAHEIM, WORK ORDER NO. 791-B. (Ventura Contracting - $6,800) RESOLUTION NO. 76R-594: A RESOLUTION OF T~E CITY C~CIL OF T~{E CITY ~F A3~AHEI~ ACCEPTING A sE~ED PROPOS~ A~ A~,~A~ING A CO~~T ~ ~ LOI~ST RESPONSIBLE BIDDER FOR T~E ~I~tlING OF ALL PL~;T, ~BOR, ~RV~CBS, ~TBRIALS ~ EQUIPmeNT ~D ~L UTILITIES AND TR~SPORTATION, INCLUDING ~R, ~EL ~ WATER, ~ PERFO~ING ALL UO~ }~CEgS~Y TO CONSTRUCT ~ C~~ ~E FOLLOWING PUBLIC IMPRO~NT; LINCOLN AVE~E STREET I~RO~~, ~I~ ST~ET TO STATE COLLEGE BLVD., A.H.F.P. NO. 801, IN TIlE CITY OF ~EIM, ~ O~R NOS. 777-B & 872. (Blair Paving Inc. - $90,019.10) Roll Call Vote: AYES: CO~CIL MEMBERS: Kaywood, Seymour, Mort &~ Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Thom The Mayor Pro Tem declared Resolution Nos. 7~R-~93 em~ 76R-594 duly passed and adopt ed. ORDINANCE NO. 3593: Councilman Seymour offered O~~ No. 3593 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3593: AN OPd]INANCE OF THE CITY OF 'ANA~'~M AM~ING TITLE 18 OF THE ~ , ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-33., RS-5000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, NOES: COUNCIL MEMBERS: None ABSEIff: COUNCIL MEMBERS: Thom The Mayor Pro Tern delcared Ordinance No. 3593 duly passed and adopted. Mayor Pro Tem abstained from any discussion on the fellowing Ordinances for first reading. ORDINANCE NOS. 3596 THROU~t 3600: Councilman Roth offered Ordinance Nos. 3596 through 3600, both inclusive, for first read~g. ORDINANCE NO. 3596: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDINC TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAMEI[~ M~NXCXPAL CODE RELATING TO PARK- ING. (Lincoln, both sides, from ECL to Sunkist; ~uak~s~, both sides, no parking anytime, from Lincoln to Ball) ORDINANCE NO. 3597: AN ORDINANCE OF THE CITY Of A~EIM AMENDING TITLE 18 OF TIlE ANAHEIM MUNICIPAL CODE RELATING TO ZONINg. ($9-70-25(4), R$-5000) ORDINANCE NO. 3598: AN ORDINANCE OF THE CITY OF ANAREIM AMENDING TITLE 18 OF THE ANAHE"~M M~IC'IPAL'CODE RELATING TO ZONING. ( 7~-79-49, ORDINANCE NO. 3599: AN ORDINANCE OF THE, CITY OF A~9~[gIM ~ING TITLE 18 OF THE ANAHEIM }.flJNICIPAL CODE RELATING TO ZONING. (?0-71-~$(4), R$-5000) ORDINANCE NO. 3600: AN ORDINANCE OF THE ClT~ OF ~~ AM~ING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ( 75-;~-~, ~-1200) AB 12&6 - FORMATION OF, ORANGE COUNTY TRANSI,~,,~,t~S]~,~. Councilwoman Kaywood reported that at the last Orange County Lea~ Of ~f~rmla Cities meeting, a question arose on AB 1246 regarding the for~et~ e~ ~ Orange County Transit Commission and that two members were required Co b~ e~ th~ commission; one required to be a present member of the Orange C~ey ~eit District Board, the other may also be on the Board. Voting is to take place at the October League Meeting, and Councilwoman Kaywood, therefore, m~veg that Fiay~r Robin Young of La Habra and Mayor A1 Hollinden of Fountain Valley, both present members of the Orange County Transit District Board, be au~o.r~eg ge ~erve on the Orange County Transit Commission. Councilman Seymour aecomieg the ~tiem. Councilman Thom absent. MOTION CARRIED. 76-693 City Hall; Anaheim; California - COUNCIl. MINUTES - September 21~ 1976~ 1:30 P.M. SOUT}~RN CALIFORNIA AIR QUALITY ~i~qAGE~MT BOARD: Councilman Roth recommended that a resolution o£ be adopted, urging sup'port "~f Orange City Councilman, Jim Beam, as a member of the Southern California Air Quality Management Board (SCAO,~m). Councilwoman Kaywood asked that no action be taken for two weeks so that consideration could be given to all of the proposed members to this Board. On motion by Councilman Roth, seconded by Councilman Kott, consideration of support of Jim Beam as a member.to the SCAQMB was continued for two weeks. Councilman Thom absent. MOTION CARRIED. REQUEST PEPd~ISSION .TO LEAVE THE STATE FOR NINETY DAYS: On motion by Councilman Seymour, seconded by Councilman Roth, Councilman Kott~s request for permission to leave the State for 90 days was approved. Councilman Thom absent. MOTION CARRIED. HALLOWEEN FESTIVAL: ~r. Stu Link presented a letter to Council dated September 21, 1976, from his Committee concerning the 53rd Annual Halloween Festival, soliciting the continued support of the City as in past years. Mayor Pro Tem Seymour assured Mr. Link that the support as given in the past would continue; however, in aTask Force meeting with the Chamber of Commerce, it was decided that a separate association be created in the future so that the City would be in a position to contract directly with that association. Mayor Pro Tem Seymour also inquired as to the financial needs of the Halloween Festival Committee over and above all th~t had thus far been contracted. Mr. Link estimated that, if additional funds were needed, the maximum required would be $2,000~ ~ On motion by Councilman Roth, seconded by Councilwoman Kaywood, the City Council authorized a maximum of $2,000 for the Annual llalloween Festival from the Council Contingency Fund, with an accounting of all expenditures to be provided by the Festival Committee. Councilman Thom absent. MOTION CARRIED. RECESS - 'EXECUTIVE SESSION: At the request of City Manager Talley and Assistant City Attorney Hopkins, Councilwoman Kaywood moved to recess into Executive Session. Councilman Roth seconded the motion. Councilman Thom absent. MOTION CARRIED. (4:00 P.M.) AFTER RECESS: Mayor Pro Tern Seymour called the meeting to order, all members being present with the exception of Cpuncilman Thom; (4:35 P.M.) ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Roth seconded the motion. Councilman Thom absent. MOTION CARRIED. ADJOURNED: 4:35 P.M. LINDA D. ROBERTS, CITY CLERK