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1976/12/2876-978 Hall, Anaheim, California- COUNCIL MINUTES - December 28, 1976, 1'30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts PARKS, RECREATION AND THE ARTS DIRECTOR: James D. Ruth UTILITIES DIRECTOR: Gordon W. Hoyt PERSONNEL DIRECTOR: Garry O. McRae ASSISTANT PLANNING DIRECTOR - ZONING: Annika Santalahti Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. . INVOCATION' Reverend Paul Keller of the First Presbyterian Church gave the Invocation. FLAG SALUTE' Councilwoman Miriam Kaywood led the Assembly in the Pledge of Allegiance to the Flag. MERITORIOUS ACHIEVEMENT CERTIFICATES: Meritorious Achievement Certificates were presented to the following 11 retiring City employees by Mayor Thom in recognition of their long and dedicated service to the City of Anaheim: John D. Perona; Fred A. Cooper; Clarence E. Smith; Andrew W. Stenger; Aletha H. Burgess; Roy C. Hougard; Gilbert Kluthe; Richard E. Jones; Donald G. Nutt; Alfred W. Mandle and Edward K. Ellis. MINUTES' Approval of minutes was deferred one week. WAIVER OF READING- ORDINANCES AND RESOLUTIONS' Councilman Kott moved to waive the reading in full of all ordinances and resolutions, and that consent to' the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the reading of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,844,418.50, in.accordance with the 1976-77 Budget, were approved. PUBLIC IMPROVEMENTS - REIMBURSEMENT BY REDEVELOPMENT AGENCY' Councilwoman Kaywood offered Resolution No. 76R-814 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-814' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT TO REDEVELOPMENT PROJECT ALPHA PROJECT AREA; CONSENTING TO THE PAYMENT BY THE ANAHEIM REDEVELOPMENT AGENCY TO THE CITY OF THE COSTS OF CERTAIN PUBLIC Ib~ROVEMENTS; AND APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT THEREFOR BETWEEN THE CITY AND THE AGENCY. 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-814 duly passed and adopted. HANCOCK STREET- COOPERATIVE AGREEMENT' Councilwoman Kaywood offered Resolution No. 76R-815 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-815: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE BENEFIT TO REDEVELOPMENT PROJECT ALPHA PROJECT AREA; CONSENTING TO THE PAYMENT BY THE ANAHEIM REDEVELOPMENT AGENCY TO THE CITY OF THE COSTS OF CERTAIN PUBLIC IMPRovEMENTS; AND APPROVING AND AUTH- ORIZING THE EXECUTION OF A COOPERATION AND REIMBuRsEMENT AGREEMENT THEREFOR BE- TWEEN THE CITY AND THE AGENCY. (Cooperation Agreement - Hancock Street) 76-979 City Hall, Anaheim~ California - COUNCIL MINUTES - December 25~ 1976~_ 1'30 P.M. 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-815 duly passed and adopted. MULTI-PURPOSE NEIGHBORHOOD CENTER: On motion by Councilman Thom, seconded by' Councilman Roth, consideration o~ a proposed increase in expenditures for the Multi-Purpose Neighborhood Center under' the Third Year Community Development Block Grant Program Was d&ferred until the"Bu~get Session'on the Community Development Block G~ant Program to be held Tuesday, January 4, 1977, at 9:30 a.m. MOTION CARRIED. . BICYCLE MOTO CROSS: James Ruth, Director of the Parks, Recreation and the Arts Department reported on the research he and his staff had conducte~ along with the Parks and Recreation Commission, relative to the feasibility of developing a bicycle moto cross facility in the City of Anaheim as outlined in his memorandum dated December 21, 1976. He explained that the possibility was explored of incorporating the moto cross facility with the Skateboard Park at Ball Road and Harbor Boulevard, but the location was rejected in favor of an alternate site at Orangewood and Rampart Streets; the latter site considered to be one having a minimum effect on the surround- ing property. He indicated that the moto cross course would only utilize two to four acres of the 14.9 Park site and designed in such a manner so that the course would be built farthest, away from the adjacent property and surrounded by a park. He also stated that major activity would occur on weekends in that on weekdays, the course would be opened free of charge to permit practice. Councilman Seymour stated that he strongly supported the proposed activity as well as the fashion in which such proposals were formulated because there was no cost to the taxpayer. He was concerned, however, that the proposed location would not serve the youth of Anaheim because they would have to be driven to the sit~ whereas it was more accessible to the Cities of Garden Grove and Orange. He requested, therefore, that other alternater sites be explored that would better serve the citizens of Anaheim. On motion by Councilwoman Kaywood, seconded by Councilman Thom, 'authorization was given to the Parks, Recreation and the Arts Department to solicit propOsals for a Bicycle (non-motorized) Moto Cross at Orangewood and Rampart Streets and other alternate sites more accessible to the citizens of Anaheim. MOTION CARRIED. HEALTH PLAN MONTHLY FEES - RETIRED EMPLOYEES: City Manager Talley presented report dated December 20, 1976, from Personnel Director McRae explaining the substantial increase in cost to retired employees for medical health insurance anticipated for 1977. Councilman Roth explained that he received several calls from retired City employees and some about to retire who were concerned relative to the increase. He therefore requested that the matter be continued for two weeks, during which time staff could ascertain the difference in cost if, instead of the present $50.00, the deductible was raised to $100.00. The Mayor agreed that by raising the deductible, the premium could probably be lowered. He further indicated that he understood the concerns of the Employee Associations in how escalating costs impacted retired employees. The only other alternative would be to have the taxpayer absorb the cost and the Mayor stated that was something the Council could not do; therefore, any compromise would be beneficial. Because the Health Plan was a self-funded program, Mr. Ta!ley explained that the City would have to absorb an increase of $4,000.00 if the rates were not approved during the two week interim. On motion by Councilman Roth, seconded by Councilman SeymoUr, 'health plan monthly fees for 1977, for retired employees were approved and staff instructed to submit a report in two weeks with alternate rates relative to the difference in cost with a higher deductible factor. MOTION CARRIED. 76-980 City Hall, Anaheim~ California - COUNCIL MINUTES .-. December 28, .1976~ 1'30 P.M. STORAGE BUILDING.- .INN AT....THE. PARK' On motion by Councilman Seymour, seconded by Councilwoman Kaywood, request to build a storage building on City-owned property located on the west side of Harbor, north of Convention Way (Inn at the Park) was approved as recommended by the City Engineer in his memorandum dated December 16, 1976. MOTION CARRIED. A. H. F.P. 1977-78 PROJECTS, ORANGEWOOD AVENUE AND NOHL RANCH ROAD' Councilman Roth offered Resolution No. 76R-816 fo~, adoption. Refer to Resolution Book. RESOLUTION NO. 76R-816/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUN'~Y OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS. (1977-1978) Roll Call Vote' AYES' COUNCIL MEMBERS' Kaywood, Seymour, Kote, Roth and Thom NOES' COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS' None The Mayor declared Resolution No. 76R-816 duly passed and adopted. TRACT NO. 8533~..SPECIFIC PLANS AND FINAL MAP' Developer, Warmington- Development, Inc.; Tract located on the south side of Nohl Ranch Road and on the west side of Imperial Highway containing 45 proposed RS-HS-iO,O00(SC) zoned lots. ,. On motion by Councilman Kote, seconded by Councilman Roth, spec'ific plans and wall plans were approved for Tract No. 8533, as recommended by the Planning Department in memorandum dated. Decembers23, 1976. MOTION CARRIED. '~. On motion By Councilman Seymour, seconded by Councilman Roth, the proposed sub- division, together with its design and improvement was found to be consistent with the City's General Plan and the City Council approved Final Map, Tract No. 8533, as reCommended by the City Engineer in his memorandum dated December 21, 1976.. MOTION CARRIED. DECREASE IN CERTAIN ELECTRICAL RATES RECOMMENDED BY THE PUBLIC UTILITIES BOARD: As outlined in report dated December 21, 1976, Mr. Ken Keesee,-Chairman of the Public Utilities Board, stated that Resolution No. PUB76-3, adopted December 16, 1976, recommended that the City Council reduce electric rates 5% for all residential and commercial consumers in the GS-1A rate effect£v~Decem~er 29, 19~6. He explained that all other commercial,.industrial, agricultural, municipal and street lighting consumers would remain at their present rates. Exhibit Nos. 1 through 5 of the subject report (on file in the City Clerk's office) provided extensive background data relative to the decrease including report dated December 16, 1976, (Exhibit 3) from Utilities Direc~r Hoyt which presented information on the present electric rate situation. In the final analysis, the decrease amounted to $1.07 to the average residential consumer using 500 kilowatt hours of electricity a month. In answer to Councilwoman Kaywood, Utilities Director Gordon Hoyt, explained as of January 1, 1977, an environmental impact report would be required relative to rate changes. He explained, however, that he was working in Sacramento to introduce a bill to eliminate EIR requirements for rate changes by public bodies, which he would subse- quently be asking the Council to support. Mr. Hoyt further explained that relative to rate changes, Southern California Edison could more easily facilitate such a change before a public body could effect a change. ENVIRONMENTAL.. IMpAcT REPORT - NEGATIVE DECLARATION. On motion by Councilman Kote, seconded'by C0~'~cilman Roth, the City Council finds that this project will nave no significant effect on the environment and is, therefore, exempt from the requsrement t° prepare an enV±ronmental impact report. MOTION CARRIED. Councilman Kott offered Resolution No. 76R-817 for adoption. Refer to Resolution Book. ~ ' RESOLUTION NO. 76R-817: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES,''RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY RESOLUTION NO. 71R-478 AND AMENDED BY RESOLUTION NOS. 73R-25, 73R-373, 73R-531, 74R-75, 74R-630, 75R-243, 75R-344, 75R-345, 76R-41, 76R-377 AND 76R-528. (effective December 2~, 1976) 76-981 City Ha!l~ Anaheim, California - COUNCIL MINUTES - December 28.~ 1.97.6~... 1:30 P.M. 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-817 duly passed and adopted. OELKERS SUBSTATION 3750 KVA TRANSFORMER: Report dated December 17, 1976, from the Utilities Department recommended approval of repair and rewinding by the General Electric Apparatus Service of the subject transformer which was damaged in the November 27-28, 1976, wind storm. Relative to this request, Councilman Kott questioned the cost of $3,000 for a short circuit redesign test which, in his opinion, was excessive. Mr. Hoyt explained that with the redesign tesg it would be possible to ascertain the short circuit withstand capability of the transformer so that the necessary design modification could be incorporated in the repair. MOTION: Councilman Kott moved to approve the rewind and repair of the Oelkers Substation transformer in the amount of $27,400.00, eliminating the short circuit redesign test. Councilman Thom seconded the motion. The motion failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kott and Thom NOES: COUNCIL MEMBERS: Kaywood, Seymour and Roth On motion by Councilman Seymour, seconded by Councilwoman Kaywood, rewind and repair of the Oelkers Substation 3750 KVA, 12,000-4160 volt transformer in the amount of $30,400.00, including the short circuit redesign test, o. was approved. To this motion, Councilman Kott voted "No". MOTION CARRIED. THE TOMAN COMPANY, SPECIAL FACILITIES AGREEMENT TO SERVE TRACT NO. 8142: Councilman Roth offered Resolution No. 76R-818 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-818: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS OF AN AGREEMENT BETWEEN THE C.ITY OF ANAHEIM AND THE TOMAN COMPANY IN CONNECTION WITH REIMBURSEMENT OF COSTS FOR SPECIAL WATER FACILITIES (TRACT 8142), AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 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-818 duly passed and adopted. Mr. Hoyt, relative to such agreements as authorized in the foregoing Resolution, suggested that since they were routine agreements if the Council were receptive, a resolution could be drawn up authorizing someone in the Utilities Department to execute same. Councilman Roth stated that Mr. Hoyt's suggestion would be an appropriate topic of discussion when the Council and department heads met in January. PREMIUM TIME TO EXEMPT EMPLOYEES IN EXCEPTIONAL CASES: City Manager Talley explained that on November 1%,1975, a resolution was adopted (75R-590) allowing premium time to exempt employees under certain conditions. Under their same date, the then City Manager restricted the payment of premium time only to services rendered during labor disputes. Mr. Talley was now requesting the authority to amend the previous City Manager's directive of November 11, 1975, to extend the payment of premium time to exempt employees in extremely exceptional circumstances, such as those experienced during the Thanksgiving weekend wind storm. On motion by Councilman Thom, seconded by Councilwoman Kaywood, the City Manager was authorized to permit premium time to exempt employees in extremely exceptional cases, thereby amending the previous City Manager's directive of November 11, 1975. To this motion, Councilman Kott~voted "No". MOTION CARRIED. 76-982 City Hall~ Anaheim~ California- COUNCIL MINUTES - December 28, 1976~ 1'30 P.M. PROPOSED MODEL CONTRACT FORMS FOR PARKS~ RECREATION AND THE ARTS DEPARTMENT: City Attorney Hopkins referred to report dated December 17, 1976, from his office relative to City Council Resolution No. 76R-737 dated November 23, 1976, author- izing the Director of the Parks, Recreation and the Arts Department to execute budgeted contracts for instructors and professional services under $2,500.00 with- out prior Council action. Also submitted were proposed model contract forms prepared for City Council approval which were applicable in three types of cases; professional services, instructors, and consulting services. Councilman Kott posed a number of questions regarding the content of the proposed contractual forms and discussion followed with staff relative to the ramifications contained therein. On motion by Councilman Seymour, seconded by Councilman Roth, approval of the proposed model contract forms for the Parks, Recreation and the Arts Department was continued for two weeks to allow Councilman Kott to work with the Parks, Recrea- tion and Arts Department and City Attorney on the finalization of the subject forms. MOTION CARRIED. LEASE OF CITY-OWNED PROPERTY - HARBOR BOULEVARD AND KATELLA AVENUE: (Richard E. and Margaret.~' Duff~')"Councilman K~tt' asked"several questions of the City Attorney relative to a proposed amendment to the existing lease agreement with Richard and Margaret Duffy incorporating the requested time extension of the lessee's obliga- tion to construct additional rooms until January 11, 1978. Councilman Kott took issue with the fact that since no penalty was involved, the lessees could continue to reapply for such extensions. Councilman Roth offered Resolution No. 76R-819 for adoption. Refer to Resolution Book. RESOLUTION NO. 76R-819: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SECOND AMENDMENT TO LEASE AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (Richard E. and Margaret A. Duffy) 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-819 duly passed and adopted. RESTRICTED COMMERCIAL VEHICLE PARKING IN RESI. DENTIAL AREAS' Regarding the pro- posed ordinance restricting the hours of parking of commercial vehicles in residen- tial areas, Councilman Seymour suggested that in order to preclude a rebuff by citizens, because of lack of notification, before final adoption of the ordinance took place, that proper publicity be initiated. He recommended the assistance of the press in publishing the fact that such an ordinance was proposed and in all probability would be adopted. City Attorney Hopkins confirmed for Councilwoman Kaywood that the ordinance dealt with the restriction of parking of commercial type vehicles in residential areas. Such parking on private property would be a special situation and handled in a different manner. The proposed ordinance referred to parking on roadways. ORDINANCE NO. 3638: Councilman Thom offered Ordinance No. 3638 for first reading. ORDINANCE NO. 3638' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 32, OF THE ANAHEIM MUNICIPAL CODE BY ADDING A NEW SECTION 14.32.205 TO RESTRICT HOURS OF PARKING OF COMMERCIAL TYPE VEHICLES IN RESIDENTIAL AREAS. CITY-OwNED PROPERTY - 7~! NORTH EUCLID .STREET' (Sewell) In answer to Councilman Kott's inquiry relat'iVe to the status of the subject property, City Attorney Hopkins explained that a Notice At Issue Memorandum had been filed in Superior Court which was the last step necessary in requesting the Court to set a trial date, following which~the City would proceed with unlawful detainer action. He further stated that the unlawful detainer would be filed against Mr. Sewell as well as the Heritage Bank, the present occupant of the premises. , 76-983 City Hall~ Anaheim, California - COUNCIL MINUTES - December 28~ 1976~ 1:30 P.M. Councilman Kott stated that he received a call from a member of the Board of the occupants of the property who indicated that the Chairman of the Board was negotiat- ing terms with the City Manager and wished to discuss these terms with him (Kott). Since he was not aware of any such negotiations, he asked Mr. Talley what had transpired. Mr. Talley explained that the extent of negotiations with the Heritage Bank, relative to their desire to secure the property, was a conversation with the Chair- man indicating that after the requested appraisal of the property was received, expected to be the middle of January, the City would then be prepared to discuss the sale. Numbers were discussed but only from the Bank's point of what they would like to pay. No price was quoted back because there was no support to do so, either from Council action or an appraisal to engage in any further discussions. The extent of negotiation had merely been an expression on the part of the Bank and direction on the part of the Council to secure an appraisal. City Attorney Hopkins stated that he had no contact concerning negotiations other than a letter which indicated there was some desire on the part of the bank to engage in negotiations but nothing of any substance. Councilman Seymour explained that he was also contacted, but the extent of the contact was as Mr. Talley stated. However, Heritage Bank had entered into escrow on the purchase of property immediately adjoining the City-owned property to the north. Although they did not need the property owned by the City, they would be interested in purchasing it if the City was interested in selling it at a reasonable fair price. Councilman Seymour indicated his support for the sale of the property when the fair price was determined. He remarked on the fact that when the property was purchased in 1969, the price was exorbitant and could not have had the value at which it was purchased and that price did not set the current market value. He therefore suggested that the City Manager be instructed not to further any negotia- tions on the sale of the property to anybody else because no one was going to pay the price the City paid for it in 1969. He was of the opinion that if the Council was willing to dispose of the excess property, then the taxpayers would be best served by selling it at a fair price which he estimated to be worth between $4.00 and $5.00 per square foot. Councilman Kott took issue with Councilman Seymour's assessment of the mmtter as he did not know how the sale could best serve the taxpayer if the City sold the property for less than it paid for it seven years prior as this would constitute a loss. Council discussion indicated that the proper course of action would be to wait until the present appraisal was complete. Councilman Kott, however, stated that he would not sell the property for less than what the City paid for it. Councilman Roth was interested in getting the property back on the tax rolls, as well as all such surplus property not in present or anticipated use, to be sold. He did not want to be bound because of an error made by the City Council in 1969. Further discussion followed at the conclusion of which the Mayor indicated that he would revert back to his original position and not sell the property for less than it was purchased. Councilman Seymour stated that he would also not approve the sale for less than the City paid for the land, but suggested that some investigation be made relative to how and why a totally irrelevant appraisal was made in 1969, wherein, some other reasons might be discovered to permit him to change his opinion to sell the property for its worth and not what it was valued at in 1969. Councilman Kott stated that he would provide such information at the next meeting. It was confirmed that the City Manager should continue to obtain the requested appraisal. On motion by Councilman Kott, seconded by Councilman Thom, the City Attorney was instructed to continue litigation on the subject property and no negotiations were to be instituted relative to the sale of the property for any amount less than that which the City paid for it until so notified to do otherwise. To this motion Councilwoman Kaywood and Councilman Roth voted "No". MOTION CARRIED. 76-984 _City H.all~ Anaheim~ California - COUNCIL MINUTES - December 28~ 1976~ 1'30 P.M. RECESS- On motion by Councilman Seymour, seconded by Councilman Thom, the Council recessed for 5 minutes (3'00 P.M.). MOTION CARRIED. AFTER RECESS: Mayor Thom called the meeting to order, all Council Members being present. (3':05 P.M.) PUBLIC HEARING - RECLASSIFICATION NO. 76-77-7 AND VARIANCE NO. 2831: Application submitted by Jane W. Inch, for a change in zone from 'RS-A-43,000 to RM-1200 to construct a 139-unit apartment complex on the north side of Orangewood Avenue and east of Harbor Boulevard with code waivers of' (a) minimum floor area (b) minimum distance between buildings (deleted by submittal of revised plans) , The City Planning Commission, pursuant to Resolution No. PC76-251 recommended that the subject property be declared exempt from the requirement to prepare an environ- mental impact report pursuant to the provisions of the California Environmental Quality Act and further recommended that Reclassification No. 76-77-7 be approved, subject to the following conditions- 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Orangewood Avenue for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Orangewood Avenue, including preparation of improvement plans and installation of all improve- ments such as curbs and gutters, sidewalks, 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 Orangewood Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and 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 guarantee the installation of the above-mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60(¢) cents per front foot along Orangewood Avenue for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. 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. 6. That subject property shall be served by underground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 9. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 10. Prior to the introduction of an ordinance rezoning Subject property, Condition Nos. 1, 2 and 3, 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. 11. That Condition Nos. 4, 6, 7 and 10, above-mentioned, shall be complied with prior to final building and zoning inspections. 76-985 City Hall, Anaheim, California - COUNCIL MINUTES - December 28~ 1976~ 1:30 P.M. The City Planning Commission, pursuant to Resolution No. PC76-252, granted Variance No. 2831, in part, subject to the following conditions' 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-7, 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 Nos. 1 through 10 (Revision No. 1); provided, however, that the enclosed carports and all turning radii for parking and driveway areas shall be provided in accordance with Code standards, as stipulated to by the petitioner. Miss Santalahti described the location and surrounding 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 Applicant's Agent was present and desirous of being heard. Mr. Dale Ingram, P.O. Box 5922, E1 Monte, Agent for the Applicant, indicated he was satisfied with the recommendations of the Planning Commission. He also pointed out that the bachelor units approved were approximately 100 square feet larger than those the City permitted and that the variety of units proposed could accommodate people looking for all kinds of units up to 1240 square feet with 2 bedrooms and a den. Mr. Ingram also indicated that one of the driveways was aligned opposite Broden Street so that access in and out with a full .left-turn pattern could be accommodated. Councilwoman Kaywood clarified that the property to the north could, in the future, be utilized for a Transportation Center and asked Mr. ingram to stipulate that if such a Center were built at that location it would not make any difference relative to the proposed apartment complex. Mr. Ingram did stipulate that a Transportation Center, if built to the north, would not make any difference and, in fact, would lend support to the proposed development. 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 REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the require- ment to prepare an environmental impact report. MOTION CARRIED. Councilman Seymour offered Resolution No. 76R-820 for adoption authorizing the preparation of the necessary ordinance changing the zone as requested subject to the conditions recommended by the City Planning Commission and Resolution No. 76R-821 granting Variance No. 2831, in part, subject to City Planning Commission r'ecom- mendations and including the stipulation by the Applicant that if a Transportation Center were to be built to the nort~ such a Transportation Center would not make any difference relative to the apartment complex. Refer to Resolution Book. RESOLUTION NO. 76R-820: 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 ZONED SHOULD BE CHANGED.' (76-77-7, RM-1200) RESOLUTION NO. 2831: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2831, 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-820 and 76R-821 duly passed and adopted. 76-986 City Hall~ Anaheim~ California- COUNCIL MINUTES - December 28~ 1976~ 1'30 P.M. PUBLIC HEARING - VARIANCE NO. 2870' Application submitted by Delbert and Vivian Kinney, to construct a 48-inch high fence and an 8-foot high wall on RS-7200 zoned property located at 1306 Oriole Street with code 'waivers of' (a) maximum fence height (denied) (b) maximum wall height The City Planning Commission, pursuant to Resolution No. PC76-226, reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file and EIR and, further, recommends that Variance No. 2870 be granted, in part, subject to the following conditions' 1. 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 fence height in the required front yard shall be a maximum of 42 inches; and that structural design plans for the 8-foot high wall in the required rear yard shall be submitted to the Building Division for approval prior to the issuance of a building permit, said wall to meet all Building Code requirements for a structural wall, as stipulated to by the petitioner. The decision of the Planning Commission was appealed by Joseph B. Edwards, Agent for the Applicant and public hearing scheduled this date. Miss Santalahti described the location and surrounding 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 Applicant's Agent was present and desirous of being heard. There was no response. The Mayor then asked if anyone else wished to be heard. Mr. William Lassiter, 1302 Oriole Street, an adjacent resident, spoke in opposi- tion to the chain link fence in the front of the Applicant's property proposed to be extended to 48-inches in height. Mr. Lassiter stated that it was already 4 feet 3 inches high with metal protruding from the top. He also explained that the existing rear wall proposed to be extended to 8 feet in height would decrease the value of his property. He was, however, objecting only to the front fence. The City Clerk stated that a telephone-call was received from the Applicant's Agent, Mr. Joseph Edwards, on December 23, 1976, requesting that the item be continued inasmuch as one of the waivers was not included in the legal notice mailed to the individuals in the area, although both waivers were included in the published legal notice. Councilman Seymour, thereupon, moved to continue public hearing on Variance No. 2870 to January 18, 1977. Councilman Thom seconded the motion. MOTION CARRIED. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1662' Application submitted by John Priem, to permit on-sale liquor in a lodge on CL zoned property located at 821 South Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC76-227, reported that the Planning Director has determined that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR and, further, recommended that Condi- tional Use Permit No. 1662 be granted subject to the following conditions: 1. That any existing illegal signs on subject property shall be removed prior to the commencement of the activity authorized under this resolution. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. Review of the Planning Commission's action was requested by Councilman Seymour on November 30, 1976, and public hearing scheduled this date. 76-98Z City Hall, Anaheim, California- COUNCIL MINUTES - December .28~. 1976~ 1'30 P.M. Miss Santalahti described the location and surrounding land uses. She outlined the findings given in the staff report which was submitted to and considered by the City Planning Commission. Councilman Seymour explained that he asked that the matter to be set for public hearing because of Condition No. 3 of PC76-227, imposing a condition on the appli- cant which in actuality would be illegal for him to carry out since the illegal signs required to be removed under Condition No. 3 were not owned or controlled by the Applicant. City Attorney Hopkins confirmed that if the Council wanted to approve the Condi- tional Use Permit, the only way they could do so would be to eliminate Condition No. 3. Miss Santalahti explained first that the signs were illegal because no building permits were issued and, as well, the owner of one of the sign panels refused to move the sign. The Mayor asked if the Applicant or Applicant's Agent were present and wished to be heard. Mr. Patrick F. Gallup, 1724 West Catalpa, Agent and Secretary of the West Anaheim Moose Lodge, explained that he did manage to get approval from the five other people to allow him to remove their signs, however, at his expense and labor. He emphasized that the owners of the batting cage consistently and adamantly refused to remove their sign, the only one remaining. He requested permission to start functioning as a Lodge and subsequently the City take whatever steps might be determined necessary against the owners of the illegal sign and not penalize the Lodge since they had done the best they could in eliminating the problem. Discussion followed relative to the historical background concerning the signs and the different owners involved, at the conclusion of which Councilman Seymour recom- mended that the Council approve Mr. Gallup's request to conduct his business while on the other hand enforce the applicable sign ordinance against the now existing property owners regarding the remaining sign. There being no further persons who wished to address the Council, the Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION- On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an environmental impact report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 76R-822 for adoption granting Conditional Use Permit No. 1662 subject to the conditions recommended by the City Planning Commission, but eliminating Condition No. 3 of PC76-227 relative to signing. Refer to Resolution Book. RESOLUTION NO. 76R-822' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1662. Roil Call Vote' AYES- COUNCIL MEMBERS' Kaywood, Seymour, Kott, Roth and Thom NOES- COUNCIL MEMBERS' None ABSENT' COUNCIL MEMBERS. None %'he Mayor declared Resolution No. 76R-822 duly passed and adopted. On motion by Councilman Seymour, seconded by Councilman Kott, the Zoning Enforcement Officer was instructed to take whatever action necessary to correct any illegal signing situation existing on the subject property. MOTION CARRIED. 76-988 Hall, Anaheim, California- COUNCIL MINUTES - December 28, 1976, 1'30 P.M. APPLICATION FOR SOLICITATION OF CHARITY FUNDS: On motion by Councilman Roth, seconded by Councilwoman Kaywood, a permit to solicit useable clothing and household items in January and February, 1977, by the Advance Foundation Inc., was approved subject to telephone solicitation only as stipulated in letter received from the Executive Director of the Foundation. MOTION CARRIED. PURCHASE OF EQUI'PMENT - TWO TURF VEHICLES - BID NO. 3171: On motion by Council- man Roth, seconded by Councilwoman Kaywood, the low bid of Mission Chemical Com- pany was accepted and purchase authorized in the amount of $7,791.00, including tax, as recommended by the Purchasing Agent in his memo dated December 17, 1976. MOTION CARRIED. PUBLIC FIREWORKS DISPLAY PERMIT: On motion by Councilman Kott, seconded by Council- man Roth, permit for a public fireworks display filed by California Fireworks Display Company, on behalf of Disneyland, to discharge fireworks at Disneyland Park, January 4, 1977, from 5:30 P.M. to 7:00 P.M. was approved. MOTION CARRIED. APPLICATION FOR SOLICITATION OF CHARITY FUNDS: (American National Volleyball Association) On motion by Councilman Seymour, seconded by Councilwoman Kaywood, discussion relative to the denial (November 23, 1976) of the Application for Solicitation of Charity Funds by the American National Volleyball Association was continued for one week. MOTION CARRIED. THEATRICAL DINNER HOUSES INTERNATIONALE: On motion by Councilman Roth, seconded by Councilman Kott, the proposal by Theatrical Dinner Houses, Internationale, to lease City-owned property located at the southeast corner of Orangewood Avenue and Rampart Street was removed from the Agenda indefinitely to be resubmitted at a later date as requested by Robert W. Briggs, Attorney for the Applicant, in letter dated December 14, 1976. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Thom, 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 the self-insurance administrator: a. Ciaim submitted by John E. Morgan for damages purportedly sustained as a result of his arrest by the Anaheim Police Department on or about September 26, 1976. bo Claim submitted by Paul A. Loiselle for damages purportedly sustained as a result of low level of power on or about November 27, 1976. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. Resolution of the Board of Supervisors of Orange County, opposing any new study by the Inter-County Airport Authority regarding a new airport in Orange County. b. Community Redevelopment Commission minutes of December 8, 1976. c. Community Services Board minutes of adjourned special meetings of November 4 and ll, 1976 and of regular meeting of December 9, 1976. d. Project Area Committee minutes of November 9, 1976. MOTION CARRIED. NOTICE OF APPLICATION - PACIFIC TELEPHONE AND TELEGRAPH COMPANY: On motion by Councilman Kott, seconded by Councilman Thom, the City Manager was instructed to send a letter of inquiry to Pacific Telephone and Telegraph Company relative to their Notice of Application dated December 16, 1976, to clarify the rate changes proposed in their COM KEY 718 and 1434 system services. MOTION CARRIED. 76-989 City Hall, Anaheim, California- COUNCIL MIN. UTES,- .December 28,..1976,..1'30 P.M. RESOLUTION NOS. 76R-823 THROUGH 7.6R-825' Councilman Kott offered Resolution Nos. 76R-823 through 76R-825, 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-823: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING INSTALLATION AT THE INTERSECTION OF SANTA ANA CANYON ROAD AND VIA CORTEZ, IN THE CITY OF ANAHEIM, WORK ORDER NO. 799-A; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUC- TION 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 20, 1977, 2:00 p.m.) RESOLUTION NO. 76R-824: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUC- TION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAWIDE WATER SYSTEM IMPROVEMENT, IN THE CITY OF ANAHEIM, WORK ORDER NOS. 1655 & 1656; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVE- MENT 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 20, 1977, 2:00 p.m.) RESOLUTION NO. 76R-825' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT' HARBOR BOULEVARD STREET IMPROVEMENT, FROM 142' S/O ANAHEIM BOULEVARD TO CYPRESS STREET, IN THE CITY OF ANAHEIM, WORK ORDER NO. 744-B. (Sully-Miller Contracting Company) 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-823 through 76R-825, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS' Actions taken by the City Planning Commission at their meeting held December 6, 1976, pertaining to the following applications were submitted for City Council information and consideration. On motion by Councilman Seymour, seconded by Councilman Roth, the City Council authorized the actions pertaining to the following Environmental Impact Require- ments, as recommended by the City Planning Commission, and took no further action on the following applications' (Item Nos. 1 through 8) 1. ENVIRONMENTAL IMPACT REPORT- NEGATIVE. DECLARATION- The Planning Commission recommended to the City Council that the subject projects in the following listed zoning applications be declared exempt from the requirement to prepare an Environ- mental Impact Report, pursuant to the provisions of the California Environmental Quality Act' Conditional Use Permit No. 1669 Conditional Use Permit No. 1670 Variance No. 2872 2. ENVIRONMENTAL IMPAC.T. REPORT - CATEGORICAL EXEMPTION' The Planning Director has determined that the proposed activity ir~ 'the .... following l:l. sl:;ed zoning applica- tion fails within the definition of Section 3.01, Class 1, of the City of Anaheim Guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an Environmental Impact Report' Conditional Use Permit No. 1671 Ill ...... l il Ill ~ I ' ' I,~.,. ~l I II !, IJ I ' ' ]!~!L. I 76-990 City Hall, Anaheim~ California- COUNCIL MINUTES - December 28~ .1976~ 1'30 P.M. 3. VARIANCE NO. 2872' Submitted by La Veta Domino, to construct an 88-unit motel on CR zoned property located on the west side of Harbor Boulevard and north of Ball Road with code waivers. City Planning Commission Resolution No. PC76-253 granted Variance No. 2872 for 78 units. 4. CONDITIONAL USE PERMIT NO. 1669' Submitted by Southern Pacific Land Company, to permit a lumberyard on ML zoned property located on the south side of Ball Road and east of Lewis Street with code waivers. City Planning Commission Resolution No. PC76-258 granted Conditional Use Permit No. 1669. 5. CONDITIONAL USE PERMIT NO. 1670' Submitted by Warren W. and 'Nancy J. Jaycox, to permit a trucking terminal and truck repair on ML zoned property located at 1016 East Katella Avenue with code waiver of required enclosure of outdoor uses. City Planning Commission Resolution No. PC76-259 granted Conditional Use Permit No. 1670. 6. CONDITIONAL USE PERMIT NO. 1671' Submitted by William R. and Barbara L. Whitla, to permit on-sale beer and wine in an existing restaurant on ML zoned property located at 1527 East La Plama Avenue. City Planning Commission Resolution No. PC76-260 granted Conditional Use Permit No. 1671 for two years subject to review by the City Planning Commission. 7. CONDITIONAL USE PERMIT NO. 1632 - SPECIFIC PLANS: Submitted by Del Prado Company, for approval of specific plans, including sound attenuation measures, in accordance with Council Policy No. 542, and increase in number of mobilehome pads from 209 to 215 on property located northeast of the intersection of Cerritos Avenue and Sunkist Street. The City Planning Commission approved Conditional Use Permit No. 1632 - Specific Plans and increase in number of pads. 8. CONDITIONAL USE PERMIT NO. 1663 - PRECISE PLANS' Submitted' by Dennis V. Wehmueller, Agent for Hephatha Lutheran Church, for .precise plans for a church and pre-school on property located at the southeast corner of Santa Ana Canyon Road and Solomon Drive. The City Planning Commission approved 'Conditional Use Permit No. 1663 - Precise Plans. MOTION CARRIED. VARIANCE NO. 2874' Submitted by Bernardo M. and Margaret Yorba, to construct self-service gasoline pumps and an office building on RS-A-43,000(SC) zoned property located at the southeast corner of Santa Ana Canyon Road and Imperial Highway with code waivers. Councilwoman Kaywood requested that Variance No. 2874 be set for public hearing. The City Clerk set January 25, 1977, at 3'00 p.m., as the date and time for the requested public hearing. VARIANCE NO. 2879...-. Submitted by Title Insurance and Trust Company, to construct a flower shop on CL zoned property located at 1691 West Katella Avenue with code waivers. Councilman Seymour requested that Variance No. 2879 be set for public hearing. The City Clerk set January 25, 1977, at 3:00 p.m., as the date and time for the requested public hearing. ORDINANCE NO. 3637' Councilman Thom offered Ordinance No. 3637 for adoption. Refer to Ordinance Book. 76-991 City Hall, Anaheim, California. -,, ..COUNCIL ...M.INUT.E.S -, December 28~, !976, 1:30 P.M. ORDINANCE NO. 3637' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (75-76-27, RS-7200) 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. 3637 duly passed and adopted. ORDINANCE NOS. ,3.6.39 THROUGH 3641' Councilman Seymour offered Ordinance Nos. 3639 through 3641, both inclusive, for first reading. ORDINANCE NO. 3639- AN ORDINANCE OF THE CITY OF AN ~AHEIM AMENDING TITLE 18 OF THE ANAHEIM MuNI"~'iPAL CODE RELATING TO ZONING. (63-64-118(6), CL) ORDINANCE NO. 3640: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 3632, NUNC PRO TUNC, RELATING TO ZONING. (71-72-44(18), amend legal description) ORDINANCE NO. 3641' AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (71-72-23, CL) DISTINGUISHED CITIZENS' AWARD FOR SANTA ANA CANYON TASK FORCE: Councilman Seymour stated that since the Santa Ana Canyon Task Force was concluding its efforts, he considered it appropriate that the members of that Task Force be given a special distinguished citizens' award of the type presented to retiring employees, but laminated rather than framed. He emphasized that it was in order to recognize the numerous hours of unpaid volunteer time devoted by the Task Force Members. On motion by Councilman Seymour, seconded by Councilman Thom, the Public Informa- ton Officer was instructed to prepare appropriate distinguished citizens' awards for the Members of the Santa Ana Canyon Task Force. MOTION CARRIED. MEETING WITH CHAMBER OF COMMERCE - PRINTED MATERIAL' Councilman~Seymour stated that since the prior meeting when he and Councilman Kott had been appointed to negotiate with the Chamber of Commerce relative to the alleged sum of money the Chamber owed the City, he (Seymour) conferred with the City Attorney regarding a possible conflict of interest since, during his term of office as President of the Chamber of Commerce he signed a contract on behalf of the Chamber with the City. The City Attorney assured him, however, there would be no conflict of interest. Councilman Seymour expressed a concern that there may be political allegations which he did not see the need for encountering and, therefore, asked to be dismissed and someone else appointed to serve in his place. Councilman Kott stated that he would like to have a disinterested party serve who had no ties with the Chamber either as a member or otherwise. Councilman Roth was a member of the Chamber. Councilwoman Kaywood indicated that she had been a life member of the Women's Division until she resigned in order to meet with the Chamber to improve the relationship between the City and the Chamber, after which she was not asked to serve again. She had, therefore, reinstated her membership. Councilman Kott indicated that if the Mayor was not a member of the Chamber, he would be the most likely person to serve in place of Councilman Seymour. Mayor Thom agreed to serve and set a meeting with the City Manager, City Attorney., Councilman Kott and himself with the Chamber for 3:30 p.m., January 5, 1977. CHURCH OF ANAHEIM: Councilman Kott explained that he had received a number of calls about the Situation surrounding the Church of Anaheim and asked the City Attorney what they, as Council Members, could do regarding the parking, traffic and all other proble~ that people in the neighborhood were encountering. City Attorney Hopkins stated that, as directed by the Council, a meeting was held with the head of the church, Mr. Max Rappaport, and his associates along with the City's Zoning Enforcement Officer and several other City Department Officials. They reviewed the entire matter, the results of which were reported in a memo.dated December 7, 1976, by Assistant'City Attorney Frank Lowry, Wherein it was stated that no violations of the law could be found. The heads of the Church also agreed to cooperate in every way possible to make certain there were no such violations. 76-992 City Hall, Anaheim, .California- COUNCIL MINUTES .- December 28.~ !976, 1'30 P.M. Mr. Hopkins explained further that he had checked with the Fire Department to see if any fire regulations were being violated. Relative to capacity, Building Code violations were not in existence, and the Zoning Enforcement Officer was not able to pinpoint precise violations. Unless it were ascertained that there were viola- tions of the law, the City could not take any action. He emphasized that the residents of the area were unhappy about the activities of the Church. Councilman Seymour indicated it was his understanding that the Church had entered into an agreement with Trident Junior High School to use the school parking lot in order to mitigate parking problems during conventions or regional type meetings. Miss Santalahti confirmed that agreements had been signed and that schools will sign such agreements for off-hours parking. Mr. Hopkins stated that he would submit copies of the report dat. ed December 7, 1976, to the Council as some members had indicated they had not yet received their copy and, as well, copies would be sent to the concerned residents. The City Clerk stated that the report was already in the process of being mailed to the residents. APPOINTMENT OF NEW PLANNING COMMISSIONER: Due to the vacancy left on the City Planning Commission by the resignation of Mr. Floyd Farano on his appointment to the Orange County Planning Commission, Mayor Thom nominated Mr. Amin David, Jr., 419 South Colt Avenue, to fill Mr. Farano's unexpired term. He explained that Mr. David's business was Regal Products Inc., 538 East Central Park Avenue, and that he was a figure not unfamiliar to the City in that his contributions included the institution of the Police Community Relations Committee, his present service on the Library Board (from which he would be resigning upon appointment to the Planning Commission), as well as his work on the Orange CoUnty Human Relations Commission. He emphasized that relative to the Police Community Relations Committee, Mr. David's accomplishments had brought recognition not only to the City of Anaheim but also throughout Southern California as one of the most effective Public Relations Programs for the Police Department to have engaged in, and it was a singular accomplishment since Mr. David conceived the idea and brought about its implementation. The Mayor explained for the press that Mr. David was of Mexicar~-~merican descent and Lebanese extraction and that his work with the minority community, was out- standing. Councilman Roth stated that while he had the pleasure of meeting Mr'.. David, it was his opinion that Anaheim, as did other cit. ies, should solicit the general public in submitting letters on their qualifications when vacancies occurred on Commissions in order to gain a broader coverage. Therefore, Councilman Roth abstained from voting on the proposed appointment. On motion by Councilman Thom, seconded by Councilwoman Kaywood, Mr. Amin David, Jr. was appointed to the City Planning Commission to fill the unexpired term of Commis- sioner Farano, term ending 6-30-80. Councilman Roth abstained from voting. MOTION CARRIED. ADJOURNMENT' Councilman Thom moved to adjourn to Tuesday, January 4, 1977, at 9'30 a.m. Councilman Kott seconded the motion. MOTION CARRIED. Adjourned' 4'05 P.M. LINDA D. ROBERTS, CITY CLERK