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1976/12/2176-954 City Hall, Anaheim, California - COUNCIL MINUTES - December 21~ 1976, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Ko'tt, Roth and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PERSONNEL DIRECTOR: Garry O. McRae FINANCE DIRECTOR: Michael Moore CITY ENGINEER: James P. Maddox STADIUM-CONVENTION CENTER-GOLF DIRECTOR: Thomas F. Liegler ASSISTANT PLANNING DIRECTOR- ZONING: Annika Santalahti LICENSE COLLECTOR: Cordelia L. Short ASSISTANT CITY MANAGER: William T. Hopkins PROGRAM DEVELOPMENT AND AUDIT: Ron Rothchild EXECUTIVE DIRECTOR, REDElrEIDPMENT: Norman Priest HOUSING DIRECTOR- Rick Mattessich Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Gordon Sloan of the Melodyland Hotline Center gave the Invocation. FLAG SALUTE: Councilman Don R. Roth led the Assembly in the Pledge of Allegiance to the Flag. MERITORIOUS ACHIEVEMENT CERTIFICATE: A Meritorious Achievement Certificate was presented to Mr. Juan B. Lopez, a retiring City employee, in recognition of bis 20 years of devoted service to the City of Anaheim. MINUTES' On motion by Councilman Roth, seconded by Councilwoman Kaywood, the minutes of the regular meeting dated October 12, 1976, were approved subject to corrections. MOTION CARRIED. Councilwoman Kaywood also requested the following additions to the previously approved minutes of the regular meeting of August 31, 1976. Page 631, after paragraph 4' "Attorney Watts questioned why Mr. Raymond was present prior to talking with staff. Mayor Thom noted Council cannot prehear or prejudge." Page 631, at the end of paragraph 5' "He reminded Council that the City still has pending legal action with the Applicants." Page 631, at the end of paragraph 6' ", but would not dismiss pending law suits. Page 634, third Paragraph from the bottom' "Councilwoman Kaywood 'stated that she felt this to be a highly improper course of action; that Mr. Webb should get proper permits through normal procedure after professional staff study and recom- mendation to Council and not circumvent procedure." WAIVER OF READING - ORDINANCES AND RESOLUTIONS' Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Council Members unless, after read- ing of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Thom seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,332,271.81, in accordance with the 1976-77 Budget, were approved. HOUSING REHABILITATION LOW INTEREST LOAN PROGRAM' City Manager Talley referred to report dated December 13, '1'976, from th'e Community Development Department (on file in the City Clerk's Office) relative to the City's Housing Rehabilitation Low Interest Loan Program recommending that the City Council authorize the depart- ment'to negotiate an agreement'with Crocker National Bank for the establishment of the subject program. 76-955 Cit~. Hall~ A.n. aheim, California- COUNCIL MINUTES- December 21, 1976, 1'30 P.M. Relative to the proposed interest rate of 6%, Councilman Seymour indicated if there was an insufficient demand for loans at that rate, then a lower rate should be considered by an adjustment of the program' because it was important to get the rehabilitation accomplished. He requested a periodic report back to the Council as to the activity of the program. Executive Director, Norman Priest, stated that from past experience, 6% was found to be a very attractive rate. Mr. Rick Mattessich, Housing Director, advised that since the program was a pilot program, they would be periodically reporting to Council on the activity. On motion by Councilwoman Kaywood,~~nded by Councilman Seymour, the Community Development Department was authorized to negotiate an agreement with Crocker National Bank for the establishment of the City's Housing Rehabilitation Low Interest Loan Program, with the $92,000.00 designated from the Second Year (FY/1976-77) Community Development Block Grant Funds. MOTION CARRIED. STAFF BUDGET SESSION - THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM' By general consent, January 4, 1977, at 9'30 a.m. in the Council Chamber was the date, time and place set for the Council/Staff Budget Session on the pro- posed Third Year Community Development Block Grant Program. MOTION CARRIED. THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - PUBLIC HEARING TIME' By general consent, the time for public hearing on the subject Program was set for 3'00 p.m., January 18, 1977, with a possible continuance to 7'30 p.m. MOTION CARRIED. COMPUTER EQUIPMENT SERVICE AGREEMENT- City Manager Talley reported that in order to protect the current monthly fee of $235.00 for maintenance and repair of the City's computer electronic memory for calendar year 1977, that the proposed agree- ment with Raytheon Service Company (RSC) be authorized as outlined in memorandum dated December 10, 1976, from the Data Processing Director, Keith Parkyn. Councilman Kott raised several questions relative to the proposed agreement, item~ 2a, 3a, b and d; adjusted monthly charge, requirement that the equipment be con- tinuously maintained by Raytheon since installation, replacement parts and exclu-- sions relative to maintenance service, and the ability of RSC to reassign the agreement to anyone at any time. He also asked if other bids for service had beer solicited. City Manager Talley first stated that other bids had not been solicited be- cause RSC was the only authorized maintenance contractor for the equipment. Relative to Councilman Kott's other concerns, he pointed out that Raytheon would be entitled to increase any monthly charge effective, however, only at the end of the first 12 months of the agreement; that the equipment had been continuously maintained by RSC, first as a subcontractor to Cambridge Memories; if parts were replaced, the old parts became the property of RSC, and regarding exclusions as outlined in 3d, if the City did not alter or move the equipment, they guaranteed the memory would function for 12 months (24 hours a day, 30 days a month). Mr. Talley emphasized that the City was trying to assure the constant maintenance and working condition of the memory along with the assurance that the cost to do so would not change in 1977. Even if the service was reassigned, he was not con- cerned with who would perform the service so long as it was properly maintained. Since Councilman Kott was of the opinion that the agreement favored Raytheon Service Company almost entirely, he stated he would vote "No" on the proposed resolution authorizing the subject agreement. Councilwoman Kaywood offered Resolution No. 76R-795 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-795: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH RAYTHEON SERVICE COMPANY FOR COMPUTER EQUIPMENT SERVICE AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Roth and Seymour NOES' COUNCIL MEMBERS- Kott and Thom ABSENT' COUNCIL MEMBERS' None 7~956 ~9..ity ,fi,all, Anaheim, California - COUNCIL MINUT, ES - December 21~ !976,~ 1:30 P.M. The Mayor declared Resolution No. 76R-795 duly passed and adopted. On motion by Councilman Seymour, seconded by Councilman Thom, the City Manager was instructed to place the subject maintenance service out to bid and report back as early as practical to ascertain whether or not the cost of $235.00 a month was the best cost available. MOTION CARRIED. CHRISTMAS ANp NEW ¥..EAR'S HOLIDAY -UTILITIES DEPARTMENT: City Manager Talley explained that on December 16, 1976, the International Brotherhood of Electrical Workers requested that they be exempt from Resolution No. 76R-726 of November 16, 1976, which authorized the observance of Christmas Day on Friday, December 24, 1976, and New Year's Day on Friday, December 31, 1976. They requested instead that the prerogative be changed and the original Personnel rulin~ be applied in their case only (Utilities unit represented by the IBEW) thereby allowing the observance of the Christmas holiday on Monday, December 27, 1976, and the New Year' s holiday on Monday, January 3, 1977. Councilman Thom offered Resolution No. 76R-796 for adoption, amending Resolution No. 76R-726. Refer ~o gesolu~ion Book. RESOLUTION NO. 76R-796: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-726 PERTAINING TO OBSERVANCE OF THE CHRISTMAS HOLIDAY, 1976 AND THE NEW YEAR'S HOLIDAY, 1977. (Utilities Department, IBEW represented) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 76R-796 duly passed and adopted. FIRE BATTALION CHIEF ASSESSMENT LAB: On motion by Councilman Roth, seconded by C'ouncilwoman Kayw°od, the city Attorney was authorized to prepare an agreement to employ the services of Donald S. Macrae and Associates to provide technical services for an assessment lab for Fire Battalion Chief as recommended in memo-. randum dated December 15, 1976, from the Personnel Director and the Fire Chief. To this motion, Councilman Kott voted "No". MOTION CARRIED. oveN,s -, w, 0. On motion by Counctl~~n ~~ood, seconded by Counctl~n Se~our, Change Order No. 1, in the a~unt of $3,406.59, to Work Order No. 812, ~ila Reid Park Elec- trical Site Improve~nts, was approved, increasing the ortgi~l contract amount to $14,106.59, as rec~nded ~ ~~rmnd~ dated December 14, 1976, from the City ~ngtneer. ~TION ~I~. ENGINEERING FILINGt_ SERVICE AND pERMIT FEES: Councilman Kott offered Resolution NO. 76~-797 for adoption, revising various fees charged by the Public Works De- partment, as recommended in memorandum dated December 14, 1976, from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 76R-797: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EStABLiSHING FEES TO BE CHARGED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The M~ayor declared Rnsolution No. 76R-797 duly passed and adopted. FINAL,_ MAP t_ ~CT NO. 9217: Developer, Sunburst Development, Inc.; Tract located east of Anaheim Hills Road and aou~h of San~a Aha Canyon Road, containing 34 proposed RS-HS-22,000 (SC) zoned lots. 76-957 City Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1'30 P.M. Councilman Seymour stated since he was sales agent on the tract, he would abstain from all discussion and voting. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the proposed subdivision, together with its design and improvement was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 92 as recommended by the City Engineer in his memorandum dated December 14, 1976, and subject to a quitclaim deed to Anaheim Hills. Councilman Seymour abstained. MOTION CARRIED. FINAL MAP, TRACT NO. 8142' Developer, Toman Company of Irvine; Tract located on Nohl Ranch Road south of Walnut Canyon Road containing 33 RS-5000 (SC) zoned lots. On motion by Councilman Roth, seconded by Councilman Seymour, the proposed subdivision, together with its design and improvement was found to be consistent with the City's General Plan,and the City Council approved Final Map, Tract No. 8142 as recommended by the City Engineer in his memorandum dated December 15, 1976, and subject to a special water facilities agreement. To this motion, Councilwoman Kaywood voted "No". MOTION CARRIED. GREEN FEES FOR SENIOR CITIZENS AT CITY'S GOLF COURSES' Stadium-Convention Center- Golf Director Liegler explained that as a result of a request made by a senior citizen shortly after his department took over the operation of the City's two golf courses, the proposal as outlined in his report dated December 7, 1976, would allow the senior citizens of the Orange County Community a preferred golf fee at specified times,while at the same time being of value to the City. Councilman Roth wanted it clarified for the record and the people in the Council Chamber that the definition of a senior citizen was a person 62 years of age or older and not 55. Mr. Liegler indicated that he met with numerous senior citizen groups, 'and it was determined for the purposes of his proposal, that the minimum age be established at 62. On motion by Councilman Seymour, seconded by Councilman Roth, the City Attorney was instructed to prepare a resolution authorizing a reduced Golf Fee Program for senior citizens at both Anaheim Hills and H. G' "Dad" Miller Golf Courses, as out- lined in Mr. Liegler's report dated December 7, 1976. MOTION CARRIED A Mr. Coffee, speaking on behalf of the senior citizen golfers, thanked the Council for their favorable consideration and commended Mr. Liegler in his efforts in working with them in bringing the matter to the Council's attention. Mr. Coffee also acknowledged golf pro, Bob Johns, for his help and assistance. ANAHEIM AREA VISITOR AND CONVENTION BUREAU AGREEMENT- City Manager Talley referred to report dated December 10, 1976, submitted by Mr. Liegler including a proposed agreement with the Anaheim Area Visitor and Convention Bureau and Exhibit "A", operating, scheduling and contracting guidelines. Councilman Kott first complimented Mr. Liegler and the people at the Visitor and Convention Bureau for working out the agreement which he (Kott) had reviewed with them as part of a committee to make necessary adjustments, changes, and/or additions for subsequent City Council approval. He did, however, point to several items in the agreement where he recommended changes would be in order. Discussion followed between Council and staff relative to the proposed agreement as well as the ramifications of the suggested amendments. At the conclusion of discussion, Councilman Kott recommended the following amend- ments to the agreement- Page 3, Paragraph III - add,"as administered by the City Manager of the City in accordance with precise language and direction as ordered by the City Council'" , - "Bureau shall submit to the City an annual Page 4 Paragraph IV add at end, audit performed by a licensed CPA." Second line of Paragraph VI, Page 4 of the IIO agreement itself, delete, r his designated representative." ~'i_t_~_ tlall, Anaheim, Cal. tfornla - COUNCIL MINUTES - December 21., ]976~ ]'30 P.M. (:~,~i~('timan Roth offered Resolution No. 76R-798 for adoption, approving an agree- mt,,~! wltt~ tlte Anaheim Area Visitor and Convention Bureau, along with attached Exhibit "A" and Including the foregoing amendments as articulated by Councilman Kott. Refer t~ Re~qolutton Book. IIESOI,UTION NO. 76R-798: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AI~PROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH ANAHEIM AREA VISITOR AND ('.()NVENT]ON BUREAU FOR PROMOTIONAL, ADVERTISING AND SALES ACTIVITIES AND AUTUOR- 17. IN(; AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF ~)F THE CITY OF ANAHEIM. Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom N()I';S · COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None 'I'I~, Mayor declared Resolution No. 76R-798 duly passed and adopted. Mr. Liegler stated that a key point that must be called to the Council's atten- tion was the fact that the inclusion of addendum "A" in the subject agreement, {~perating, scheduling and contracting guidelines, would substantially contribute to the progress of the relationship between the City of Anaheim and the Visitor and Convention Bureau. He indicated that in the 13 years of association with the Bureau, such guidelines had never officially been adopted. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the remaining 1976-77 budget allocation for the Anaheim Area Visitor and Convention Bureau was extended through June 30, 1977. MOTION CARRIED. CALIFORNIA DENTAL SERVICE AGREEMENT: City Attorney Hopkins presented a letter dated December 21, 1976, proposed to be sent to California Dental Service (CDS) requesting continuation of the existing CDS agreement with a provision for termination on sixty (60) day's notice. The letter was requested by CDS as a result of Council's action on December 7, 1976, expressing the desire to continue the present agreement pending the investigation of other dental service plans and stipulating the provision for termination. In answer to Councilwoman Kaywood, Personnel Director McRae indicated that CDS would continue their coverage on a month-to-month basis throughout the entire coming year at no increase in cost from that of 1976. Councilwoman Kaywood also stated that she was informed by her dentist's secretary that CDS offered the best coverage as far as participancy of employees were con- cerned, and this fact was the important consideration. Mr. McRae indicated that CDS would write any coverage the City requested, as well as any kind of agreement with whatever level of benefits was desired, but such was true of other carriers also. Councilman Kott was of the opinion that in actuality, the agreement was renewed not at the same cost because there were amendments made to the agreement providing less service; therefore, the Cost was greater because less was offered. Mr. McRae explained that the benefit package remained constant, but there were ad- ministrative changes in the contract. On motion by Councilman Thom, seconded by Councilman Seymour, authorization was given for the proposed letter by the City Attorney to be sent to CDS requesting continuation of the existing CDS agreement with a provision for termination on sixty (60) days'notice. MOTION CARRIED. CHAMBER OF COMMgRCE - SELLING OF PRINTED .MATERIgI.~ Councilman Kott stated he wished to relay a matter that should be brought to the attention of both the citizens and the City Council. 76-959 City Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1976, 1:30 P.M. Councilman Kott explained that relative to the contract the Anaheim Chamber of Commerce had with the City to distribute printed materials, it was brought to his attention approximately six weeks prior that some of these materials, paid for by the taxpayers of the community, were being sold by the Chamber of Commerce. At that time, he discussed the matter with the City Manager who investigated the allegations and reported that, in fact, the Chamber was engaged in selling City publications. He further reported that the Chamber admitted to receiving money totalling between $6,000.00 and $7,000.00 for City publications. Subsequently, the City Manager wrote a memorandum dated December 6, 1976, to the City Attorney re- questing that a review be made. Councilman Kott was of the opinion that the City Manager was extremely subjective in his request and further it sounded to him (Kott) as though he was apologizing for the Chamber rather than being a responsible employee of the City, wherein cliches were used that were not to be found in the contract and in no way related to the moral and ethical sense of one selling property that does not belong to the seller. MOTION: Councilman Kott further explained that the City Attorney responded with a memorandum dated December 17, 1976, but, instead of giving a legal opinion, presented a redund~nt, detailed five-page analysis of the subject contract with no mention of right or wrong in the sale of government property. He contended that the report should be accounted for in a dollar amount so that the taxpayer could see the bureaucratic waste that prevailed. Councilman Kott, therefore, rejected both memorandums and indicated that since he felt strongly that the immoral and unethical sale of government property constituted theft of public funds which he could not condone, it was his intention to direct the City Attorney to recover these funds in total, since they belonged to the taxpayer of the community and he so moved. Councilman Thom seconded the motion for purposes of discussion. City Manager Talley explained that upon receiving City Attorney Hopkins' memo, he asked him (Hopkins) to meet with the Executive Director of the Chamber and himself and specifically asked if the memo stated, in fact, there had been a contract violation. City Attorney Hopkins stated that the contract would allow the sale of printed material if either written or verbal permission had been granted by the City during the term of the sales. Mr. Talley indicated he was presently attempting through research and discussions with individuals concerned during the contract administration dates, whether or not any written or oral permission had been granted, as he wanted to be certain when the bill was sent, the City could legally collect. Up to this point, Mr. Talley stated he had not found that any such permission Was given and had previously intructed the Collections Division to prepare a billing in the amount of $6,380.50, to submit to the Chamber in anticipation of not finding this permission. It was his intention by the next week, unless something to the contrary was discovered, to send the bill to the Chamber of Commerce r~questing reimbursement of the full amount they acknowledged having so'Id. Mayor Thom concurred with the sentiment that Councilman Kott illustrated relative to the memorandums although not quite to that degree. He stated that the real job of determination rested with the Council relative to how they interpreted the contract. Since the publications were paid for by the taxpayer, then money received for same should be recovered. Councilman Roth stated that until he was told, particularly by the City Attorney, that it was against the law and illegal to charge, he could not support the motion. It was his opinion that it was not unique for government publications to be sold as the Federal Government had been doing so for many years, subsidized by the taxpayer. He indicated that there may have been merit to selling the publications to prevent the wholesale giveaway, but acknowledged that it should be ascertained what was done with the funds and to which account they were applied. The Mayor stated that unless action was taken, the question would never be answered Councilman Kott, relative to a comment made by Councilman Roth, indicated that the matter just happened to concern the Chamber, but if anything else was called to his attention by a citizen .or taxpayer of the con'anunity, he would consider it 76-960 C_ity Hall, Anaheim~ California- COUNCIL MINUTES - December 21, 1976, 1'30 P.M. his right and duty to investigate the matter. He also did not agree with the analogy regarding the sale of material by the Federal Government because no one else was making money on the sale. Councilman Seymour wanted to know what efforts had been made to sit down with the Chamber to resolve the problem in an attempt to preclude any court action. If the business leadership were a friend of the community and the government, then government should take the time to discuss the matter with them. Councilwoman Kaywood agreed that before accusations were made, the matter should be discussed with the Chamber. She also applauded the fact that the Chamber put a charge on the material rather than giving it out to everyone, thereby costing the taxpayers a great deal more. Councilman Seymour took exception to the fact that Councilman Kott and Mayor Thom chose to interpret a contract drawn in 1969, which the City Attorney could not do and,without any investigation, proceed to challenge the Chamber before ascertaining whether or not the money was rightfully due the City. Councilman Kott contended that even though he was not a member of the Council in 1969, it did not make his opinions void; since he had a sense of moral re- sponsibility to the taxpayer, if the contract did not say publications could be sold, then they, in fact, could not be sold. Discussion followed between Council and staff relative to possible previous documentation or verbal agreements whereby permission was given to the Chamber to sell the printed material supplied by the City. At the conclusion of which it was determined that the City Attorney found some documentation alluding to the fact that someone on City staff had reviewed and, therefore, given approval to some type of advertising material or brochures with prices on them. The Mayor recognized the problem the matter was causing the Council and asked Councilman Kott if he was willing to amend his motion to direct staff and two Council Members to meet with the Chamber and negotiate the theoretical balance due. Councilman Roth added, if any. Councilman Kott would not accept the addition of, if any, because while the City Attorney may have found the documentation pre- viously mentioned, he had not seen it and, further, it was not only a question of whether the material could be sold, but also who received the money, another organization or returned rightfully to the taxpayer. Councilman Kott's foregoing motion was amended to instruct the City Attorney, City Manager and Council Members Seymour and Kott to negotiate with the Chamber of Commerce the amount in question of $6,380.50, for the sale of printed material. MOTION CARRIED. CONDITIONAL USE PERMIT NO. 1574 - EXTENSION OF TIME: Submitted by Philip L. Velie, Matreyek Homes, Inc., requesting a one-year extension of time to permit a mobile home park on property located on the north side of Coronet Avenue and Medical Center Drive and on the west side of Euclid Street. (Anaheim Shores) On motion by Councilman Seymour, seconded by Councilman Roth, a one-year extension of time to Conditional Use Permit No. 1574 was granted, retroactive to December 9, 1976, to expire December 9, 1977, as recommended by the City Engineer and Plan- ning Department in their memorandums dated December 13 and 16, 1976, respectively. MOTION CARRIED. CONTINUED PUBLIC HEARING - VARIANCE NO. 2860' (Dew Construction Co., Inc.) On motion by Councilman Seymour, seconded by Councilman Roth, public hearing on Variance No. 2860 was continued two weeks, per the Applicant's request. MOTION CARRIED. PUBLIC HEARING - RECLASSIFICATION NO. 76-77-19 AND VARIANCE NO. 2858' Application by Charles C. Lucas, for a change in zone from RS-10,000 to RM-1200, to construct 4 duplexes on property located at 1301 West North Street With code waivers of' a) minimum building site width (withdrawn) b) minimum distance between buildings 76-961 City .Hall.~ Anaheim, California- COUNCIL MINUTES - December 21~ 1976~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC76-239, recommended that the subject project be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environ- mental Quality Act and, further, recommended that Reclassification No. 76-77-19 be approved, in part, subject to the following conditions' 1. That this reclassification shall apply only to the northerly approximately 0.68 acre portion of subject property initially proposed for rezoning, said portion being approximately 305 feet deep and 110 feet wide and abutting the proposed extension of Lido Place. 2. That the owner(s) of subject property shall deed to the City of Anaheim sufficient property from the construction of a standard symmetrical cul-de-sac at the east end of Lido Place. 3. That all engineering requirements of the City of Anaheim, along North Street and Lido Place (standard symmetrical cul-de-sac), including preparation of improve ment plans and installation of all improvements such as curbs and gutters, side- walks, street grading and paving, drainage facilities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along North Street and Lido Place shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guar- antee the installation of the above-mentioned requirements. 4. That the owner(s) of the subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along North Street and Lido Place for tree planting purposes. 5. That trash storage areas shall be provided in accordance with apprOved plans on file with the Office of the Director of Public Works. 6. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department, prior to' commencement of structural framing. 7. That the subject property shall be served by underground utilities. 8. That a six-foot high masonry wall shall be constructed along the east, north, and west property lines adjacent to the single-family zoned property and in accordance with Code requirements. 9. That drainage of the subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. In the event that the subject property is to be divided for the purpose of sale, lease, or .financing, a parcel map to record the approved division of subjecl property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 11. That the owner(s) of the subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issul 12. Prior to the introduction of an ordinance rezoning subject property, Condi- tion Nos. 2, 3, 4, and 10, above-mentioned, shall be completed. The provisions or rights granted by the resolution shall become null and void by action of the City Council unless said conditions are complied with Within one (1) year from the date hereof, or such further time as the City Council may grant. 13. That Condition Nos. 5, 7, 8, and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. 76-962 C_,ity Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1'30 P.M. The City Planning Commission, pursuant to Resolution No. PC76-240, granted Variance No. 2858, in part, subject to the following conditions' 1. That this variance is granted subject to the completion of Reclassification No. 76-77-19. 2. That the subject property shall be developed substantially in accordance with plans and specifications~ on file with the City of Anaheim marked Exhibit Nos. 1 (Revision 1)and 2. Miss Santalahti described the subject property and surrounding zoning and land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if the Applicant, or the Applicant's Agent was present and wished to be heard. Mr. Lynn Thompson, Agent for the Applicant, 710 North Euclid Street, Suite 222, stated he was satisfied with the recommendations of the Planning Commission. The Mayor asked if anyone w~.shed to be heard either in favor or in opposition; there being no response, he closed the public hearing. Councilwoman Kaywood noted from the Planning Commission minutes that four people were in attendance representing 12 people in opposition to the proposed project, their main concern being that the single-family residences proposed on the souther- ly part of the property (RS-10,O00 zoned property) be constructed prior to or conjunctively with the proposed multiple-family residential development. Mr. Lynn Thompson indicated that at the time, definite plans as to when the single- family residences would be built were not available. He indicated however, that it would be built prior to the development of the duplexes, but there was nothing he could add to assure that this would occur and he did not want to be put on record as stating that was going to be the format of the development. Councilwoman Kaywood indicated she could approve the project only if the condition. relative to the building of the single-family residences were added. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARTION: On motion by Councilman Roth, seconded by Councilman Thom, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the re- quirement to prepare an Environmental Impact Report. MOTION CARRIED. Councilwoman K~ywood offered Resolution No, 76R-799 for adoption, authorizing preparation of the necessary ordinance changing the zone as requested, and 76R-800 for adoption granting Variance No. 2858, in part, subject to the conditions recom- mended by the City Planning Commission and including the additional condition that the single-family homes be built either prior to or conjunctively with the pro- posed multiple-family structures, applicable to both the reclassification and the variance. Refer to Resolution Book. RESOLUTION NO. 76R-799' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-19, RM-1200) RESOLUTION NO. 76R-800' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2858, IN PART. Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution Nos. 76R-799 and 76R-800 duly passed and adopted. 76-963 City. Hall, Anaheim~ California- COUNCIL MINUTES- December 21, 1976, 1:30 P.M. Later in the meeting, Sue Hollen, 1318 West North Street, addressed the Council and wished to go on record as wanting the single-family residences to be built con- currently with the duplexes. She was informed that it would be built before or at the same time as the multiple-family development. PUBLIC HEARING- RECLASSIFICATION NO. 76-77-23~ VARIANCE NO. 2871 AND TENTATIVE TRACT NO. 9482: Application by Jack N. and Dorothy D. Hall, et al, for a change in zone from RS-A-43,000(SC) to RM-2400(SC), to establish a 14-lot subdivision on property located at the southwest corner of Riverdale Avenue and Lakeview Avenue with code waivers of: a) minimum number of parking spaces b) minimum structural setback c) permitted encroachments into required yards The City Planning Commission, pursuant to Resolution No. PC76-241, recommended that the proposed project be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act and, further, recommended disapproval of Reclass- ification No. 76-77-23. The City Planning Commission pursuant to Resolution No. PC76-242, recommended disapproval of Variance No. 2871. Miss Santalahti described the subject property and surrounding zoning and land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. She also explained that the petitioner submitted revised plans eliminating the necessity for waivers "B" and "C". Councilman Kott asked if it was up to the Council to review the revised plans. Miss Santalahti indicated the revisions did not reflect a substantial difference but were only minor changes. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Jack Hall, civil engineer, 2530 North Grand Avenue, Santa Ana, Agent and one of the property owners, stated that since the Planning Commission recom- mended disapproval of the proposed project, he was requesting that the Council allow him to resubmit his plans back to that body. He indicated that one bedroom was eliminated from each unit so that on each of the lots there was a five-bedroom unit, thereby, giving the same bedroom density as the residential property to the west which would make a better project as far as the community was concerned. The Mayor confirmed that Mr. Hall's request was for the Council to refer the matter back to the Planning Commission to see if there would be a reversal by that body of the previous recommendation for subsequent City Council action. He explained that this was not an improper request and one which would be impossible to deny since the Applicant was indicating that he would like to make his proposal harmonious with the requests of the community. He recognized the inconvenience that would be caused by the continuance relative to those who were in the Council Chamber on behalf of the community, but emphasized that the Applicant would have the legal right to redo and resubmit his proposal within six months to a year, regardless of the outcome. Someone from the audience stated that if the project was going to be anything but single-family, it would not be acceptable and further r.equest~ed proper notification as to when the matter would again be presented. Miss Santalahti indicated that the matter could be discussed at the Planning Commission meeting of January 3, 1977, and recommended that the Council continue the public hearing after January 3, 1977. 76-964 City Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1:30 P.M. On motion by Councilman Roth, seconded by Councilwoman Kaywood, approval was given for the Applicant to resubmit plans back to the Planning Commission on January 3, 1977, on Reclassification No. 76-77-23 and Variance No. 2871 with a continued public hearing before the City Council on January 11, 1.977. MOTION CARRIED. RECESS: By general consent, the Council recessed for five minutes (3:40 P. M.). AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present (3:45 P.M.). PUBLIC HEARING - RECLASSIFICATION NO. 76-77-25 AND VARIANCE NO. 2876: Applica- tion by Mildred Baetge, et al, for a change in zone from RS-A-43,000 to RS-7200, to establish a four-lot subdivision on property located at 773-735 South Euclid Street with code waivers of: a) requirement that all lots abut a public street b) requirement that single-family residences rear-on arterial highways. The City Planning Commission, pursuant to Resolution No. PC76-243, recommended that the subject project be declared exempt from the requirement to prepare an Environmental Impact Report pursuant to the provisions of the California Environ- mental Quality Act and, further, recommended that Reclassification No. 76-77-25 be approved subject to the following conditions' 1. That completion of these reclassification proceedings is contingent upon the granting of Variance No. 2876. 2. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Euclid Street for street widening purposes. 3. That street lighting facilities along Euclid Street shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities, or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 4. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60¢) per front foot along Euclid Street for tree planting purposes. 5. That drainage of subject property shall be disposed of in a manner satis- factory to the City Engineer, 6. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 7. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That all lots within this tract shall be served by underground utilities. 9. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 10. That public utility easements shall be provided as required by the Utilities Director, prior to the commencement of activity authorized under this resolution. 11. That there be no access points to Euclid Street except at approved access points approved by the Traffic Engineer. 76-965 ~City Hall, Anaheim~ California- COUNCIL MINUTES- December 21, 1976, 1'30 P.M. 12. That the proposed private street shall provide adequate turning area for sanitation and emergency vehicles and that plans for said street construction shall be submitted to the Sanitation and Engineering Divisions for review and approval prior to the issuance of a building permit. 13. Prior to the introduction of an ordinance rezoning subject property, Con- dition Nos. 2, 3, and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 14. That Condition Nos. 5, 8, and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. The City Planning Commission, pursuant to Resolution No. PC76-244, granted Variance No. 2876 subject to the following conditions' 1. That this variance is granted subject to the completion of Reclassification No. 76-77-25, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that the proposed private street shall provide an adequate turning area for sanitation and emergency vehicles and plans for said street construction shall be submitted to the Sanitation and Engineering Divisions for approval prior to the issuance of a building permit. 3. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the City Council may grant. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. Councilman Seymour explained that since one of his sales agents was represent- ing the property owner in the sale of the vacant property, he would abstain from discussion and voting on the matter. Councilman Seymour left the Council Chamber at 3'48 p. m. The Mayor asked if the Applicant or Applicant's Agent was present and desirous of being heard. Mr. Richard Lutz, Agent, 720 South Euclid, stated that he was satisfied with all of the requirements and recommendations of the Planning Commission. The Mayor asked if anyone wished to be heard either in favor or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT. REP.QRT - NEGATIVE DECLARATION' On motion by Councilman Roth, seconded by Councilman" Thom, 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. Councilman Seymour was temporarily absent. MOTION CARRIED. Councilman Roth offered Resolution No. 76R-801 for adoption, authorizing prep- aration of the necessary ordinance changing the zone as requested and 76R-802 for adoption granting Variance No. 2876, subject to the recommendations of the City Planning Commission. Refer to Resolution. RESOLUTION NO. 76R-80!.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-25, RS -.7_200) RESOLUTION .N.O. 76R-802' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2876. 76-966 .City H. all~ Anaheim, California- COUNCIL MINUTES- December 21, 1976, 1'30 P.M. Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Kott, Roth and Thom NOES' COUNCIL MEMBERS' None TEMPORARILY ABSENT' COUNCIL MEMBERS' Seymour ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution Nos.. 76R-801 and 76R-802 duly passed and adopted. Councilman Seymour returned to the Council Chamber at 3'50 'p.m. PUBLIC HEARING- RECLASSIFICATION NO. 76-77-26' Application initiated by the City Planning Commission for a change in zone from RS-A-43,000 to PR on pro- perty located at the southeast corner of Crescent Avenue and Gilbert Street. (Anaheim Municipal Golf Course) The City Planning Commission, pursuant to Resolution No. PC76-245 recommended that the proposed project be declared exempt from the requirement to prepare an Environmental Impact Report, pursuant to the provisions of the California Environmental Quality Act and, further, recommended that Reclassification No. 76-77-26 be approved. Miss Santalahti described the location and surrounding zoning and land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. The Mayor asked if anyone wished to be heard; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION' On motion by Councilman Kott, seconded by Councilman Thom, the City Council finds that this project would have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an Environmental Impact Report. MOTION CARRIED. Councilman Kott offered Resolution No. 76R-803 for adoption, authorizing prep- aration of the necessary ordinance changing the zone as requested. Refer to Resolution Book. RESOLUTION NO. 76R-803: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (76-77-26, PR) Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS- None ABSENT- COUNCIL MEMBERS- None The Mayor declared Resolution No. 76R-803 duly passed and adopted. RECLASSIFICATION NO. 75-76-36 - AMENDMENT OF LEGAL DESCRIPTION- Councilwoman Kaywood offered Resolution No. 76R-804 for adoption, amending Resolution No. 76R-348, nunc pro tunc. Refer to Resolution Book. RESOLUTION NO. 76R-804' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 76R-348, NUNC PRO TUNC, BY CORRECTING THE DESCRIPTION OF THE PROPERTY INVOLVED. (75-76-36) Roll Call Vote' AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-804 duly passed and adopted. 76-967 c_c_ity Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1'30 P.M. RESULT OF NOVEMBER 2.,.. 1976 SPECIAL MUNICIPAL ELECTION' Councilman Thom offered Resolution No. 76R'-805 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R- 805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 2, 1976. The City Council of the City of Anaheim, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That a special municipal election was duly called and regularly held in said city on the 2nd day of November, 1976, at which election there were submitted to the qualified voters of said city the following propositions, to wit: PROPOSIT ION "B" Shall the City Council formulate and propose for adoption a Mayor-Council form of government instead of its current Council-Manager form of government? pROPOSITION "C" Shall Section 501 of the Charter of the City of Anaheim be amended to provide that no person shall be eligible to hold of~fice as a member of the City Council unless he has been a resident and qualified elector of the City for at least one (1) year before the person's election or appointment? PROPOSITION "D" Shall Section 703(g) of the Charter of the City of Anaheim be amended to provide that the City Attorney shall devote entire time to the duties of the office? PROPOSITION "E:' Shall Section 1221 be added to the Char'tar of the City of Anaheim to require the City Council to establish electrical and water rates upon a cost of service basis and to place a limitation ~on transfers from electrical and water revenue funds to the general fund of the City? PROPOSITION "F" Shall Section 1211 of the Charter of the City of Anaheim be amended to provide that every contract involving an expendi- ture in an amount more than as specified in Title 4, Division 3, Chapter 6 of the Government Code, as amended from time to time, for certain public works be let to the lowest and best responsi- ble bidder, and if the contract is less than Ten Thousand Dollars ($10,000), allow the City Council to determine that the work in question may be performed better or more economically with City employees and adopt a resolution to have the work done without further observance of Section. 12117 Section 2. That the returns of said election have been duly and regularly canvassed by the Registrar of Voters as provided by law, and all absentee ballots, if any, returned have be~a canvassed as provided by law. Section 3. The total votes cast at said election for and against said propositions and upon said propositions are all as shown on the Certificate of Registrar .of Voters to Result of the Canvass of the General Election F, eturns, attached hereto a8 "Exhibit A." 76-968 City Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1:30 P.M. Section 4. That the votes of less than fifty percent of all the voters voting at said election upon Proposition "B" were cast ~in favor of the adoption of said Proposition "B", and said Proposition "B" is hereby declared to have failed to carry at said election. Section 5. That the votes of more than fifty percent of all the voters voting at said election upon Proposition "C", Proposition "D" and Proposition "E" and Proposition "F" were cast in favor of the adoption of said propositions, and said propositions are hereby declared to have carried at said election. Section 6. That the City Clerk of this City is hereby directed to enter this resolution in full in the minutes of this City Council, which entry shall constitute the City clerk's statement of the 'result of the election. CERTIFICATE OF REGISTTAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I, A. E. OLSON, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote of the cITy UF ANAHEIH SPECIAL MUNICIPAL ELECTION, consolidated with the General Election held on November 2, 1976, MEASURE "B" - MAYOR-COUNCIL FORM OF GOVERNMENT YES: 23246 NO: 41553 MEASURE "C" - CHARTER AMENDMENT YES: 52171 NO: 12988 76-969 City Hall~ Anaheim~ California- COUNCIL MINUTES- December 21~ 1976, 1'30 P.M. MEASURE "D" - CHARTER ~NDMENT YES' 53308 NO' 1O892 MEASURE "E" - CHARTER ADDITION YES' 40609 NO' 21466 MEASURE "F" - CHARTER AMENDMENT YES' 46097 · NO: 16475 TOTAL VOTES CAST- 74653 I hereby certify that the number of votes cast for and against the measures as are' set forth above appears in the Certified Abstract of Statement of 'the Vote entered in the Records of the Board of Supervisors of the County of Orange. WITNESS my hand and Official Seal this 30th day of November, 1976. A. E. OLSON Registrar of Voters De~fltYY6/ Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS- None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-805 duly passed and adopted. AIR MONITORING STATION - CHAPARRAL. PARK' (continued from December 14, 1976) Councilwoman Kaywood offered Resolution No. 76R-806 for adoption pursuant to letter dated December 16, 1976, from Rockwell International, outlining the uses of the subject air monitoring station. Refer to Resolution Book. RESOLUTION NO. 76R-806- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE EXERCISE OF AN OPTION EXTENDING A LICENSE TO ROCKWELL INTERNATIONAL CORPORATION FOR ONE YEAR. Roll Call Vote- AYES- COUNCIL MEMBERS' Kaywood, Seymour, Roth and Thom NOES' COUNCIL MEMBERS- Kott ABSENT- COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-806 duly passed and adopted. 76-970 _City .Hall~ Anaheim, California - COUNCIL MINUTES - December 21, 1976, 1'30 P.M. SANTA ANA RIVER/SANTIAGO CREEK GREENBELT IMPLEMENTATION PLAN' On motion by Councilwoman Kaywood, seconded by Councilman Seymour, cons.~deration of the Santa Ana River/Santiago Creek Greenbelt Implementation Plan was continued until reports are received from the Parks, Recreation and the Arts Commission and the Planning Department. MOTION CARRIED. AWARD OF CONTRACT - AUTOMATIC IRRIGATION SYSTEM, H. G. "DAD" MILLER GOLF COURSE' In accordance with the recommendations of the City Engineer, Councilman Roth offered Resolution No. 76R-807 for adOption. Refer to Resolution Book. RESOLUTION NO. 76R-807' 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' AUTOMATIC IRRIGATION SYSTEM AT THE H. G. "DAD" MILLER MUNICIPAL GOLF COURSE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1526. (Acme Sprinkler Company - Proposal #2 - $189,900.00) Roll Call Vote' AYES' COUNCIL MEMBERS · Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-807 duly passed and adopted. PURCHASE OF EQUIPMENT- ELECTRONIC CASH REGISTERS - BID NO. 3170' On motion by Councilman Roth, seconded by Councilwoman Kaywood, the bid of NCR Corpora- tion in the amount of $9,926.90, including tax, was accepted and purchase authorized as the lowest and best qualified bid, as the low bid received did not meet specifications, as recommended by the Purchasing Agent in his memorandum dated December 9, 1976. MOTION CARRIED. ROOM TAX PENALTY - MAGIC CARPET MOTEL' Request by Mr. Robert Shelley to discuss penalties assessed for delinquent room taxes in accordance with Sections 3.44.030 and 3.04. 210 of the Anaheim Municipal Code. Mr. Robert Shelley, 2535 Burley Avenue, Orange, referred to his letter dated December 11, 1976, wherein he protested the 100% assessment of the room tax penalty amounting to $8,572.84. He also referred to the'Anaheim Municipal Code, wherein it stated that penalty for non-payment of taxes is assessed for failure to pay a license.tax when due. He contended that he had always paid his taxes but did not realize he was not paying them properly. He considered it to be unfair and unjust to be penalized 100%. The Mayor stated that the penalty was 10% per month and could not exceed 100%. This was the first time, however, that he had seen a penalty fully accumulated to 100%. Although he empathized with Mr. Shelley, he explained that since 1970, the Council had repeated requests to waive penalties for non-payment of taxes on time and not in one instance had the penalty been waive~ and he did not see how it could be waived in this case without setting a precedent for future cases. Councilman Kott asked Mr. Shelley if the money he owed was money he had collected from others to give to the City or out-of-pocket money. Mr. Shelley stated that it was money actually collected from someone else. He then explained how the mistake had occurred and emphasized that he had no guide- lines to direct him otherwise. Mr. Ron Rothchild, Program Development and Audit, indicated that Mr. Shelley recorded neu receipts and subtracted all credit card receipts instead of com- puting 6% on gross receipts. While the Audit Division did not send information relative to the computation of taxes, the License Collector did, so anytime there was a change in ownership they were made aware of the fact that a 6% tax was assessed on gross receipts, 76-971 City~ Hall, Anaheim, California - COUNCIL MINUTES - December 21, 1976, 1: 30 P.M. Mr. Shelley indicated he never received any information from the City. Cordelia Short, License Collector, indicated that in 'Mr. Shelley's case he did assume ownership of the motel from bankruptcy, previously operated as The Pixie Motel. She explained that when new business licenses are issued for motels or hotels, the License Division provides forms and copies of the ordinance per- taining to room tax to each owner and operator and also explains to the appli- cant what gross receipts are, although she could not testify that this was done ir Mr. Shelley's case. In answer to Councilman Seymour, Mr. Shelly stated that he had been figuring his taxes since he took over the operation of the motel the latter part of 1973. Thereupon, City Manager Talley indicated that Mr. Shelley should go back and recalculate his taxes for the balance of the statute of limitations period of three years as undoubtedly additional revenues were due the City and thereby, Mr. Shelley would be confronted with the same situation again on a similar magnitude. Councilwoman Kaywood expressed her concern, as did the Mayor, that the penalty could not be waived as it would be considered precedent setting, but instead suggested that some method of payment could be worked out. Mayor Thom indicated that he would be amenable to such a suggestion so as not to create a hardship, but the method should be very carefully handled by staff so as not to be interpreted as a waiver. Councilman Seymour suggested that the matter be handled with the City Manager in a satisfactory way with the penalty paid by July or August, as Mr. Shelley stated he could handle the matter the latter part of the summer and, further, that the property should be liened or something entered on record that in the event problems arose, or if the property was sold or transferred, it would be red flagged further downstream. Mr. Talley requested that all taxes be paid immediately; Mr. Shelley stated he was prepared to do so. Councilman Seymour further suggested that in order to preclude similar situations in the future, that all steps possible be taken to insure that everytime a businesl license was issued, documentation be included with instructions on how computa- tion of taxes is to be done and possibly defining gross receipts even to a further extent. Finance Director, Michael Moore, suggested that the wording on monthly billing might be changed to gross room rental receipts instead of gross rental receipts. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the request to waive room tax penalties for the Magic Carpet Motel was denied,and staff instructed to work out a method of payment on the penalty with Mr. Shelley to be paid sometime between now and August, 1977, with taxes due and payable immediately in the amount of $12,444.28. MOTION CARRIED. APPEAL FROM DENI. AL.. FO~ AN .ANIMAL LICENSE-__ (Abbott) On motion by Councilwoman Kaywood, seconded by Councilman Seymour, appeal from denial for an animal license application from the County of Orange for a chimpanzee at the residence of Nancy I. Abbott, 745 East Peralta Hills Drive, was continued to be considered ir conjunc.tion with_the variance.filed at the request of Mr. Steven Coontz, Attor- ney for the petitioner. MOTION CARRIED. APPLICATION FOR SOLICITATION OF CHARITY FUNDS: (Advance Foundation Inc.) On motion by Councilwoman Kaywood, seconded' by Councilman Roth, consideration for approval of a permit to solicit useable clothing and household items January and February, 1977 was continued one week for staff to determine if the solicitation was by telephone, as opposed to solicitation door-to-door. MOTION CARRIED. APPLICATION FOR SOLI. CITATI. ON OF CHARITY FUNDS-.. (Double Check Retreat) On motion by Councilman Roth, seconded by Councilwoman Kaywood, a permit for telephone soli- citation for reuseable household items during January and February, 1977, was approved subject to telephone solicitation only. MOTION CARRIED. 76-972 City Hall., Anaheim, California - COUNCIL MINUTES - December 21, 1976, 1'30 P.M. CONSENT CALENDAR ITEMS' On motion by Counc~.lwoman Kaywood, seconded by Council- man Roth, the following actions were authorized in accordance w~_th 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 the self-insurance administrator: 1. Claim submitted by Elvira Carr for injuries purportedly sustained as a result of a fall on the sidewalk at or about 1812 Bernardy Place on or about August 17, 1976. 2. Claim submitted by Jackie Ramirez for injuries purportedly sustained as a result of a vehicle hitting a chuck hole in the roadway at Van Buren Street on or about August 20, 1976. 3. Claim submitted by Fay Ramirez for injuries purportedly sustained as a result of a vehicle hitting a chuck hole in the roadway at Van Buren Street on or about August 20, 1976. 4. Claim submitted by Rennald Mullenax for injuries purportedly sustained as a result of a fall while performing at Anaheim Civic Theatre, Loara Elementary School on or about July 2, 1976. 5. Claim submitted by Louis J. Cooper for injuries purportedly sustained as a result of stepping on a sprinkler head at Pearson Park on or about September 4, 1976. 6. Claim submitted by James R. and Tina M. Knapp for damages purportedly sustained as a result of their being falsely arrested by the Anaheim Police Department on or about September 26, 1976. 7. Claim submitted by Vanguard Insurance Company (Beverly Neely Lutka) for damages purportedly sustained as a result of pressure in the waterline at 1141 North Liberty Lane, Anaheim, on or about September 16, 1976. 8. Claim submitted by Magnolia School District for damages purportedly sustained as a result of a broken window at Lord Baden-Powell School on or about October 7, 1976. 9. Claim submitted by ~andy Bugna for damages purportedly sustained as a result of actions by a City employee at 600 Beach Boulevard on or about October 11, 1976. 10. Claim submitted by Richard J. Simundza for damages purportedly sustained as a result of a slippery street (Anaheim Hills Road near La Paz Way) on or about October 15, 1976. 11. Claim submitted by Janice Lubee for towing and impound charges purportedly sustained as a result of actions of the Anaheim Police Department on or about October 18, 1976. 12. Claim submitted by John H. Epperson for damages purportedly sustained as a result of roadway conditions on La Palma Avenue west of State College Boule- vard on or about October 19, 1976. 13. Claim submitted by Mary Joan Davidson for injuries purportedly sustained as a result of a fall in the vicinity of the parking lot at the Anaheim Convention Center on or about October 28, 1976. 14. Claim submitted by Robert V. Grewelle for damages purportedly sustained as a result of street repair on Lincoln Avenue near the East Anaheim Shopping Center entrance on or about October 30, 1976. 15. Claim submitted by K. F. Weber Company for damages purportedly sustained as a result of power being shut off at 2181 South DuPont Drive, on or about November 5, 1976. 76-973 City .Hall, Anaheim, California- COUNCIL MINUTES - December 21, 1976, 1'30 P.M. 16. Claim submitted by Yorba Linda County Water District for damages purportedly sustained as a result of actions by the City electrical crew (Lakeview and La Palma Avenue) on or about November 5, 1976. 17. Claim submitted by Allstate (William Stroup) for damages purportedly sustained as a result of a traffic signal malfunction at North Street and Anaheim Boulevard on or about November 12, 1976. 18. Claim submitted by Todd G. Wells for damages purportedly sustained as a result of partial power outage on or about November 20, 1976. 19. Claim submitted by John L. Hill for damages purportedly sustained as a result of a power failure on or about November 27 and 28, 1976. 20. Claim submitted by Roy Y. Kinoshita for damages purportedly sustained as a result of heavy winds causing a.shingle on the Westridge Pump Station to blow off and break a window on or about November 27, 1976. 21. Claim submitted by Estelle H. Flener for damages purportedly sustained as a result of power failure on or about November 27 and 28, 1976. 22. Claim submitted by Donald R. Oseid for damages purportedly sustained as a result of power failure on or about November 27, 1976. 23. Claim submitted by Carl I. Forster for damages purportedly sustained as a result of power failure on or about November 27, 1976. 24. Claim submitted by G. C. Bergschneider for damages purportedly sustained as a result of a partial power failure on or about November 27, 1976. 25. Claim submitted by Anthony Gange for damages purportedly sustained as a result of a power failure on or about November 27, 1976. 26. Claim submitted by Helen H. Clinton for damages purportedly sustained as a result of a power surge following a power failure on or about November 27, 1976. 27. Claim submitted by Fred A. Konrath for damages purportedly sustained as a result of a power failure on or about November 27, 1976. 28. Claim submitted by John L. Catone for damages purportedly sustained as a result of an electrical system hookup on or about November 28, 1976. 29. Claim submitted by Mrs. C. R. De Lashmit for damages purportedly sustained as a result of a limb from a parkway tree falling onto a vehicle on or about November 27, 1976. 30. Claim submitted by Clyde A. Peridew for damages purportedly sustained as a result of a power failure on or about November 27 and 28, 1976. 31. Claim submitted by Mrs. Donald G. Soucie for damages purportedly sustained as a result of a power failure on or about November 27 and 28, 1976. 32. Claim submitted by Mrs. Lucille Brubaker for damases purportedly sustained as a result of a partial power failure on or about November 27, 1976. 33. Claim submitted by Mrs. A. Ciancio for damages purportedly sustained as a result of a power failure, November 1976. 34. Claim submitted by Mrs. Juanita Appling for damages purportedly sustained as a result of a power failure, November 1976. 35. Claim submitted by Mrs. Joyce Peat for damages purportedly sustained as a renault of a power failure, November 1976. 36. Claim submitted by Veronica V. Ford for damages purportedly sustained as a result of construction on Broadway west of Brookhurst Street on or about September 7, 1976. 76-974 City Hall, Anaheim, California- COUNCIL MINUTES- December 21~ 1976, 1'30 P.M. 37. Claim submitted by Frank Norman Dray er for damages purportedly sustained as a result of construction on Broadway west of Brookhurst Street on or about September 7, 1976. 38. Claim submitted by Dean Fernandes for personal injuries and damages pur- portedly sustained as a result of arrest by the Anaheim Police Department on or about September 12, 1976. 39. Claim submitted by Geralyn Gillogly for personal injuries and damages pur- portedly sustained as a result of arrest by the Anaheim Police Department on or about October 29, 1976. 40. Claim submitted by Pacific Telephone for damages purportedly sustained as a result of a landslide at Villa Real and Nohl Ranch Road on or about August 30, 1976. 41. Claim submitted by Frank Flores for damages purportedly sustained as a result of an accident with City-owned vehicle on or about December 2, 1976. 42. Claim submitted by Mr. R. C. Wike for damages purportedly sustained as a result of a collision with a City-owned vehicle on or about October 15, 1976. 43. Claim submitted by Veta L. Howard for damages purportedly sustained as a result of a collision with a City-owned vehicle, on or about November 3, 1976. 44. Claim submitted by Lee Olson for damages purportedly sustained as a result of a collision with a City-owned vehicle, Unit f~L-5000, on or about November 2, 1976 2. DINNER DANCING PLACE PERMIT' Dinner Dancing Place Permit for Bekke's Barn, 1740 West La Palma, to allow dancing from 9'00 P.M. to 1'00 A.M., Sunday through Saturday, was granted in accordance with the recommendations of the Chief of Police. (Kermitt O. Bekke, Applicant) 3. CORRESPONDENCE' The following correspondece was ordered received and filed' a. Public Utilities Board Resolution No. PUB76-1 establishing meeting date and time of the Public Utilities Board as the first and third Thursdays of each month at 3'30 o'clock P.M. in the City Council Chamber. b. Order Instituting Investigation- Public Utilities Commission of the State of California, to establish a priority list of railroad grade separation projects. c. Orange County Division League of California Cities - Consortium Cities Resolution regarding continuation of the County-City Cooperative General Revenue Sharing Program. d. Monthly reports for November, 1976 - Customer Service Division and Police. e. Orange County Vector Control District - minutes of November 11, 1976. f. Local Agency Formation Commission of Orange County - minutes of November 24, 1976, re' proposed annexation to Anaheim, Anaheim Hills No. 19. g. Community Redevelopment Commission- minutes of December 1, 1976. MOTION CARRIED. RESOLUTION NOS. 76R-808 THROUGH 76R-812: Councilman Seymour offered Resolution Nos. 76R-808 through 76R-812, both inclusive, for adoption in accordance with reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 76R-808: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Wells Fargo Bank, N.A.; Mary Bader, et al.; Jonlee Company; Richard L. Lewis; William E. Yochem, et ux.; State College Anaheim Center; Mabel F. West; Dwight H. Curtiss, et ux.; John F. Albright) 76-975 City .Hal_i., Anaheim, California- COUNCIL MINUTES - December .21~ 1976.~. 1.'30. P.M. RESOLUTION NO. 76R-809: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: EUCLID STREET STREET 'IMPROVEMENT, N/O SALLIE LANE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 797-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CON- STRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened January 13, 1977, 2:00 p.m.) RESOLUTION NO. 76R-810: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WEST STREET SEWER IMPROVEMENT, FROM SYCAMORE STREET TO PEARL STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1269; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICA- TIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK .TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened January 13, 1977, 2:00 p.m.) RESOLUTION NO. 76R-811: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: MOHLER DRIVE SEWER IMPROVEMENT, E/O COUNTRY HILL ROAD, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1270; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS,SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECT- lNG THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CON- STRUCTION THEREOF. (Bids to be opened January 13, 1977, 2:00 p.m.) RESOLUTION NO. 76R-812' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONFLICT OF INTEREST CODES OF CERTAIN BOARDS OF THE CITY OF ANAHEIM. (Library, Community Services and Public Utilities Boards) Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES- COUNCIL MEMBERS- None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution Nos. 76R-808 through 76R-812, both inclusive, duly passed and adopted. ORDINANCE NO. 3634' (no vehicle parking at any time in or upon marked bicycle lanes) The Mayor asked if anyone in the Council Chamber wished to speak relative to the proposed ordinance. Mr. Heydon, 874 South Sunkist, stated that Ordinance No. 3634, as proposed, was devastating to small businesses, homeowners and property owners who rely on curbside parking. Speaking for himself, Mr. Heydon indicated that he would have to sell his home as he would be unable to continue conducting Bible classes and Sunday School parities in his home. If he could not conduct these activities, there would be no point in his continuing to live there. He also expressed concern that very few people knew of the proposed ordinance and since he was in the process of starting a petition, he requested that consideration of the ordinanc~ be continued. The Mayor indicated that public hearings had been held relative to bicycle lane plans, portions of which spoke to the "no parking" but there was no in-depth' discussion because nobody seemed to care. Councilman Roth explained that he had expressed concern over the blanket no park- ing, 24 hours a day, considering the hardships that would be involved particularly with commercial/industrial properties and high density apartment areas. He stressed that there was a need for input from the community and the people most affected by the ordinance and, therefore, suggested that a continuance of the matter for two weeks would be in order. The Mayor agreed that a two weeks' continuance was a fair request, during which time Council and staff could explore the matter relative to alternatives such as the posting of certain times for no parking in bicycle lanes instead of 24 hours. 76-976 Ci.tY Hal.l.~. Anaheim~ California - COUNCIL MINUTES - December 21~ 1976, 1'30 P.M. Councilwoman Kaywood stated that she received a call from one of Mr. Heydon's neighbors who suggested that Anaheim's ordinance be similar to that of the City of Orange, wherein there was no parking between 7'00 and 9'00 a.m. and 1'00 and 4'00 p.m. She recommended that staff ascertain how successful their program was, as well as other cities in the County. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, adoption of Ordinance No. 3634 pertaining to no vehicle parking at any time in or upon marked bicycle lanes was continued for two weeks, during which time Council and staff could explore possible alternatives relative to posting of certain times as opposed to 24 hours a day. MOTION CARRIED. ORDINANCE NO. 3635: Councilman Thom offered Ordinance No. 3635 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3635' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANg~EIM MUNICIPAL CODE RELATING TO ZONING. (75-76-22(1), RS-5000) Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3635 duly passed and adopted. ORDINANCE NO. 3636' Councilman Kott offered Ordinance No. 3636 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3636' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE AN~EIM MUNICIPAL CODE RELATING TO ZONING. (72-73-51(16), RS-HS-22,000) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 3636 duly passed and adopted. ORDINANCE NO. 3637' Councilwoman Kaywood offered Ordinance No. 3637 for first reading. ORDINANCE NO. 33637' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM I~NICIPAL CODE RELATING TO ZONING. (75-76-27, RS-7200) PAC COMMITTEE APPOINTMENT' On motion by Councilwoman Kaywood, seconded by Council- man Thom, Mr. Laurence King was appointed a member of the Project Area Committee (PAC) for Redevelopment Project Alpha to fill the unexpired term of Mrs. Marguerite Lee, ending June 30, 1977, upon recommendation of the Ana-Modjeska Players in letter dated December 19, 1976. MOTION CARRIED. AGRICULTURAL PROCESSING INDUSTRY - CONTROL OF STRIKES' Councilwoman Kaywood referred to a resolution of the City of Orange relative to the control of strikes in the agricultural processing industry during harvest season which would give the legislature the authority to prohibit such strikes. She ex- plained that the matter was to be discussed at the January 13, 1977, meeting of the League of Cities, Orange County Division, and brought the matter to the Council's attention for consideration of possible action. Mayor Thom indicated he had looked into the matter and he would vote against any such proposed action. No action was taken by the Council. 76-977 City ..Ha.l.l.~' Anaheim,_ California - COUNCIL MINUTES - December 21, 1976~ 1'30 P.M. ADVISORY__COMMITTEE- CANYON-ANAHEIM HILLS AREA' Councilman Seymour asked that staff investigate Advisory Committee programs instituted in the cities of Cypress and Irvine and one other city in Orange County relative to the institution of a similar program in Anaheim early in January as previously discussed before and at the joint meeting of October 26, 1976, with the homeowners in the Canyon-Anahei~ Hills area. The new Committee would replace the Task Force whose work was coming to a close. OPPOSITION OF CREATION OF ORANGE COUNTY TRANSPORTATION COMMISSION- Councilman Seymour explained t~at AB1246 mandated the creation of another level of bureau- cracy not needed in Orange County. He, therefore, recommended that a resolution be adopted to be presented at the January 13, 1977, meeting of the League of California Cities, Orange County Division, urging instead the utilization of the existing Transportation committees set up by the Board of Supervisors. Councilman Seymour offered Resolution No. 76R-813 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-813' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING AB1246 WHICH ESTABLISHES A COUNTY TRANSPORTATION COMMISSION AND URGING THE EXISTING TRANSPORTATION COMMITTEES BE UTILIZED. Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-813 duly passed and adopted. COMMUNITY SERVICES~ .BO. ARD APP. O.INTMENT' On motion by Councilman Roth, seconded by Councilman Seymour, Esther W. Unger was appointed a Member of the Community Services Board to fill an existing vacancy (David A. Richardson) for the term ending June 30, 1978. MOTION CARRIED. ADJOURNMENT- Councilman Roth moved to adjourn. Councilman Kott seconded the motion. MOTION CARRIED. Adjourned. 5'07 P.M. LINDA D. ROBERTS, CITY CLERK