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1979/08/1479-902 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts POLICE CHIEF: George P. Tielsch FINANCE DIRECTOR: George P. Ferrone STADIUM, CONVENTION CENTER AND GOLF COURSE DIRECTOR: Tom Liegler DATA PROCESSING DIRECTOR: Takuji Tamaru RISK MANAGER: Jack Love ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT CUSTOMER SERVICE MANAGER: Donald Metzger AFFIRMATIVE ACTION EMPLOYMENT SPECIALIST: Sue Anguiano POLICE DEPARTMENT: Captain Jimmie D. Kennedy POLICE DEPARTMENT: Lieutenant Jim Watkins Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: A moment of silence was observed in lieu of an Invocation for former Mayor, Fred Krein who was seriously ill. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: SPECIAL PRESENTATION: Mayor Seymour explained that because of a recent absence from the City, he had to forego welcoming the Circus to Anaheim. The Circus, wanting to be properly recognized, asked that one of the leaders of the City mount and ride one of the Circus elephants. Mayor Pro Tem Overholt wisely delegated that responsibility to Councilman Roth, who previously reported his exciting experience to the Council in great detail. In recognition of Council- man Roth's service, Councilwoman Kaywood took time, consideration and concern to properly recognize that feat. Councilwoman Kaywood thereupon presented Councilman Roth with a large poster of Bingo, the Circus elephant, which Council- man Roth rode through the streets of Anaheim. Councilman Roth accepted the gift with deep appreciation. 119: PRESENTATION OF POLICE OLYMPIC WINNERS: Police Chief George Tielsch introduced Detective Lopez, a gold medal winner in boxing, and Officer Greg Mattis, a gold medal winner in power lifting in his weight division, which awards were won at the 12th Annual Police Olympics held July 25 to 29, 1979 in Alameda County. Detective Jim Watkins, long standing coordinator of the Olympics activities in which Anaheim Police Officer§ had been involved for some time, stated that he wanted to thank the Council personally for the tremendous support received by the City, Police Department and the Anaheim Police Association. Everyone of the officers realized how much the City was behind them and the support was probably the best received in the State. 79-903 City Hall~ Anaheim~ California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. 105: LETTER OF APPRECIATION: A letter of appreciation was authorized on behalf of the Council to be presented to Gerald F. Warde for his services on the Project Area Committee. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was unan- imously adopted by the City Council to be presented to Marshall McFie, retiring Anaheim Postmaster, for his many years of service to the community. 119: PROCLAMATION: A proclamation was issued by Mayor Seymour and adopted by the City Council: "Apprenticeship Month in Anaheim" - September 1979 The proclamation was accepted by Pat Patterson and Tim Cox. MINUTES: On motion by Councilwoman Kaywood, seconded by Councilman Roth, minutes of the regular meetings held February 27 and April 10, 1979 were approved. Councilman Bay abstained. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Overholt seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $7,004,356.52, in accordance with the 1979-80 Budget, were approved. 128: WRITE-OFF OF CERTAIN UNCOLLECTIBLE ACCOUNTS - FISCAL YEAR 1977-78 AND 1978-79: City Manager William Talley briefed the Council on memorandum dated August 3, 1979 from his office recommending approval of the write-off of $64,762.00 of miscellaneous accounts receivable from FY 1977-78 and $127,510.60 of miscellaneous accounts receivable and $323,490.20 of utility accounts receivable for FY 1978-79. Mr. George Ferrone, Finance Director, and Mr. Don Metzger, Assistant Customer Service Manager, then answered questions posed by Councilman Bay for purposes of clarification. At the conclusion of discussion, Councilman Roth suggested that they try to get the best collection agent possible to assist in the uncollectibles in the Utilities Department. City Manager Talley stated he would have Mr. Ferrone evaluate the situation and report back to the Council in one or two months. After further discussion, Councilman Roth suggested that next year there be a breakdown of uncollectible write-offs relative to dollar amounts, such as Utilities and the like, vs. damage to traffic signals and other such items beyond the City's control. 79-904 C.ity Hall~ Anaheim~ California - COUNCIL MINUTES - August 14.; 1979~ 1:30 P.M. Councilman Bay stated he would be interested in looking at collectible vs. non-collectible and if there were any that were collectible, he was interested in some improvement ratio on those or whatever the management plan might be to solve that situation. Mr. Talley stated that next year they would provide substantially more detail on all but the Utility items, which were literally in the thousands. On motion by Councilman Roth, seconded by Councilman Bay, the write-off of certain uncollectible accounts for fiscal years 1977-78 and 1978-79 in the amounts previously articulated were approved, as recommended in memorandum dated August 3, 1979 from the City Manager's office. MOTION CARRIED. 174: COMMUNITY DEVELOPMENT BLOCK GRANT AREA FOR IMPROVEMENTS: ( Account Nos. 25-793-6325-3130, 3180 and 3190) On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the award on CDBG Program Area 4 Improvements was continued to August 21, 1979, as requested by the City Engineer in me_morandum dated August 7, 1979. MOTION CARRIED. 160: REQUEST TO PURCHASE 21 MOBILE RADIOS: City Manager Talley explained' that the Council had previously approved the purchase of the subject radios required for the expansion of the street sweeping program and/or replacement of older equipment. However, inasmuch as the purchase was over $10,000, it was being submitted for Council authorization. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the Purchasing Agent was authorized to issue a purchase order in the amount of $18,077.85, to Motorola, Inc., for twenty-one (21) mobile radios, as recommended in memorandum dated August 2, 1979 from the Purchasing Agent. MOTION CARRIED. 153: CORRECTION OF ADOPTED SALARY RESOLUTION - COMPUTER OPRRATIONS SUPERVISOR: Councilman Roth offered Resolution No. 79R-464 for adoption as recommended in memorandum dated August 8, 1979 from the Human Resources Director Garry McRae amending Resolution No. 79R-342, nunc pro tunc, which established compensation for classes designated as staff and supervisory, by correcting the salary schedule of the classification of Computer Operations Supervisor. Refer to Resolution Book. RESOLUTION NO. 79R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 79R-342, NUNC PRO TUNC, WHICH ESTABLISHED COMPENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY, BY CORRECTING THE SALARY SCHEDULE OF THE CLASSIFICATION OF COMPUTER OPERATIONS SUPERVISOR. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-464 duly passed and adopted. 79-905 City Ha.ll~ Anaheim, California - COUNCIL MINUTES - August 14, 1979, 1:30 P.M. 123: EQUAL EMPLOYMENT OPPORTUNITY SOFTWARE SYSTEM: Councilwoman Kaywood offered Resolution No. 79R-465 for adoption as recommended in memorandum dated August 8, 1979 from the Human Resources Director, approving a lease agreement with Biddle and A~sociates, Inc., in the amount of $6,625 for an Equal Employment Opportunity Software System. Refer to Resolution Book. RESOLUTION NO. 79R-465: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A LEASE AGREEMENT FOR AN EQUAL EMPLOYMENT OPPORTUNITY SOFTWARE SYSTEM WITH BIDDLE & ASSOCIATES, INC. AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. Before a vote was taken, Mayor Seymour stated it appeared the cost would be $6,625 the first year, and then $1,800 for a twelve-month period thereafter. Mrs. Sue Anguiano, Affirmative Action Employment Specialist, stated that was not correct, but it provided the option to release at that cost. Hopefully they would be able to continue the necessary reporting with the system they had adopted for the personnel payroll project. The Mayor stated he obviously misunderstood because it seemed they were leasing a software program that would permit them to track their efforts relative to Affirmative Action. Mrs. Anguiano stated that was correct. They were going to continue to track, but whether or not they could do it with the new personnel payroll system or whether they had to continue with Biddle and Associates had not yet been det- ermined. That would be determined at some point in the future when they could get some recommendation from the WANG representative. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-465 duly passed and adopted. 123: ARCHITECTURAL SERVICES FOR THE HILL AND CANYON LIBRARY: Councilman Overholt offered Resolution No. 79R-466 for adoption, as recommended in memorandum dated August 7, 1979 from the City Librarian William Griffith, approving an agreement with William Blurock and Partners, Inc., for architectural services in connection with the Hill and Canyon Library. Refer to Resolution Book. RESOLUTION NO. 79R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH WILLIAM BLUROCK & PARTNERS, INCORPORATED, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF THE HILL AND CANYON BRANCH LIBRARY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. 79-906 City Hal~..Ana~eim, California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-466 duly passed and adopted. Councilman Roth asked that staff advise the editor of the Canyon newspaper of the action just taken by the Council. 180: CONVERSION OF GENERAL LIABILITY DATA REPORTING SYSTEM: On motion by Councilman Overholt, seconded by Councilman Bay, an expenditure of $1,751 to convert the City's general liability loss reporting system to an improved system offered by Sanford Systems was authorized, as recommended in memorandum dated August 8, 1979 from Risk Manager Jack Love. MOTION CARRIED. 135: GREEN FEES - WEEKDAY REPLAYS - MUNICIPAL GOLF COURSES: Councilman Overholt offered Resolution No. 79R-467 for adoption, as recommended in memorandum dated August 6, 1979 from the Stadium, Convention Center and Golf Course General Manager Tom Liegler, amending Resolution No. 79R-340, nunc pro tunc, to correct Paragraph III - C pertaining to green fees for weekday (nine holes only) replays at the H. G. "Dad" Miller and Anaheim Hills Municipal Golf Courses. Refer to Resolution Book. RESOLUTION NO. 79R-467: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 79R-340, NUNC PRO TUNC, BY CORRECTING WEEKDAY REPLAYS PERTAINING TO GREEN FEES AND CART RENTALS AT THE H. G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-467 duly passed and adopted. 123: CONTRACT PROGRAMMING SERVICES: Mr. Tug Tamaru, Data Processing Director, first answered questions posed by the Mayor relative to the proposed contract programming services as outlined in his memorandum dated Au~st 14, 1979. He clarified for the Mayor that the proposed services had no impact on the MDS contract. Councilman Overholt offered Resolution No. 79R-468 for adoption, am recommended by the Data Processing Director in his memorandum dated August 14, 1979, approving an agreement with International Management Systems, in an amount not to exceed $128,375 for contract programming services in the Data Processing Department. Refer to Resolution Book. 79-907 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. RESOLUTION NO. 79R-468: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH INTERNATIONAL MANAGEMENT SYSTEMS CORPORATION FOR SPECIALIZED COMPUTER PROGRAMMING SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-468 duly passed and adopted. 128: UNAUDITED FINANCIAL STATEMENT FOR THE TWELVE MONTHS ENDING JUNE 30~ 1979: In response to questions by Councilman Bay, Mr. Ferrone answered that incumber- ances were shown, even though monies were not expended until the following year, as a municipal accounting technique. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the unaudited financial statement for the period ending June 30, 1979 was received and filed, as recommended in memorandum dated August 8, 1979 from the Director of Finance. MOTION CARRIED. 158: SALE OF EQUESTRIAN CENTER PROPERTY - FIFTEEN ACRES: Councilwoman Kaywood offered Resolution No. 79R-469 for adoption as recommended authorizing the execution of a Corporation Grant Deed to Texaco-Anaheim Hills, Inc., for the sale of 15 acres of property located at the Equestrian Center in the amount of $210,000. Refer to Resolution Book. RESOLUTION NO. 79R-469: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF CERTAIN CITY PROPERTY TO TEXACO-ANAHEIM HILLS, INC. Before a vote was taken, the Mayor asked Mr. Talley if the $210,000 was included as a revenue source of income in the 1979-80 Budget. Mr. Talley answered that it was and in the report Council would be receiving at the meeting of August 28, 1979, they netted the figure in the amount of $86,000. It was assumed that the Council would deposit the $210,000 and then credit against the land payment the amount for the 15 acres still owing and the remaining $86,000 would be disbursed by the Council as part of the capital improvement prioritization. In the primary list, the Council already authorized $150,000 in Golf Course improvements. The Mayor emphasized that the Council promised, and he reaffirmed that promise, that the appropriate share of proceeds of sale of that property would be used for Golf Course improvements. He wanted to be certain they stayed true to their word. Mr. Talley clarified that $86,000 net had been put in the public improvement fund and there was approximatley $300,000 worth of Golf Course improvements coming out of that. 79-908 City Hall, Anaheim, California - COUNCIL MINUTES - August 14~ 1979, 1:30 P.M. Councilman Roth noted there was a problem at the Anaheim Hills Course relative to golf carts, and he wanted to know if that included some additional carts. Mr. Talley stated the carts were not included, but they would be on the list for consideration on August 28, 1979. A vote was then taken of the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-469 duly passed and adopted. 112: TRW~ INC. VS. COUNTY OF ORANGE,. CITY OF ANAHEIM~ ET AL: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the Orange County Counsel was authorized to defend the City in the matter of TRW, Inc. vs. County of Orange, City of Anaheim, et al, relating to property taxes, as recommended in memorandum dated August 8, 1979 from the City Attorney's office. MOTION CARRIED. 156: ORDINANCE NO. 4034 - BICYCLE LICENSING: Councilman Bay offered Ordinance No. 4034 for first reading. ORDINANCE NO. 4034: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .020, .040 AND .050 OF SECTION 5.04.010, ADDING NEW SECTION 5.04.065, AND AMENDING SECTION 5.04.070 OF CHAPTER 5.40, TITLE 5, OF THE ANAHEIM MUNICIPAL CODE RELATING TO BICYCLE LICENSING. 108: NEWSRACK IMPOUND FEE: City Attorney Hopkins stated that the proposed resolution would set a fee to be charged to the owner for return of newsracks impounded as a result of the City's recently adopted Ordinance No. 4008. The fee recommended was $35 and the resolution would implement that provision of the Ordinance. Councilman Roth offered Resolution No. 79R-470 for adoption establishing a newsrack impound fee of $35. Refer to Resolution Book. RESOLUTION NO. 79R-470: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A NEWSRACK IMPOUND FEE. Before a vote was taken, Councilman Roth asked staff when the Ordinance was going to be implemented so that he could answer inquiries from his constituents; Councilwoman Kaywood asked if $35 would cover the actual cost. Annika Santalahti, Assistant Director for Zoning, answered that the Ordinance would become effective on August 29, 1979, and they would begin impounding newsracks after that date. The $35 only covers the cost of impounding, i.e., picking the newsrack up and putting it in storage. 79-909 City Hall, Anaheim, California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. The Mayor asked if it would be found to be unreasonable in a court of law in defending the Ordinance if they were to increase the fee to $100. City Attorney Hopkins stated the current state of the law provided that charges of this type must be related to the actual cost. Miss Santalahti indicated that $35 would be the cost of picking up the newsracks. He believed that the owner in recovering the rack would provide his own transportation. He suggested that perhaps a $50 fee would not be out of line. Miss Santalahti explained that they discussed the cost of administering the whole procedure. Two divisions, Licensing and Facility Maintenance, would be involved and it was felt that as of the moment, $35 was an adequate amount. However, they were not charging for administrative costs. The Mayor emphasized that he wanted the fee to be as high as legally possible. It had been too long where they had not taken a strong enough position on the situation and their constituents wanted to know that the Council was doing everything possible to place a deterrent on the pornography that was evident in many of the newsracks in the City. Councilman Bay asked the City Attorney, if they charged a fee over and above costs, which implied a punitive action, would that have a detrimental effect in the enforcement of the law. City Attorney Hopkins stated if they were to go beyond a reasonable limit, it could impair the validity of the ordinance. He maintained that raising the fee to $50 at this time would not be out of order and then if they found costs were going higher after some experience, it could be amended by resolution. Councilman Roth was agreeable to raising the fee to $50. He also stated that in his opinion once so-called illegal racks were confiscated one time, he did not believe they would be back again. A vote was then taken on the foregoing resolution amended to increase the impound fee to $50. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-470 duly passed and adopted. 148: VOTING DELEGATE AND ALTERNATE - ANNUAL LEAGUE OF CITIES CONFERENCE: On motion by Councilman Seymour, seconded by Councilman Roth, the Mayor was designated as the voting delegate and the Mayor Pro Tem designated as the alternate to the Annual League of California Cities conference to be held in San Francisco September 22-25, 1979. MOTION CARRIED. 79-910 City Hall, Anaheim, California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. 102: REQUEST FOR PERMISSION TO DISPLAY A LIVE CAGED LION: Request by Oak Ridge Realty, Inc., for permission to display a live caged lion at a convention to be held October 11 and 12, 1979 at the Disneyland Hotel, was submitted. Mayor Seymour first asked the City Attorney since he was an officer in the California Association of Realtors which would be holding the convention, would it be his recommendation that he abstain from discussion and voting. Mr. Hopkins stated he did not think under FPPC rules that would be considered a disqualification. He might feel from his own personal association that he should abstain; however, him abstention would go to the majority vote. Councilman Roth stated he was also a member, but that Oak Ridge Realty was the requestor and not the Association, and thus he would not abstain. Mayor Seymour indicated he would not abstain as well. Mr. Jamie Moon, 358 East Rowland, Covina, first submitted pictures to the Council depicting the lion with him daughters standing next to it. He emphasized that the lion was not going to be displayed in the manner depicted in the City of Anaheim. The animal had become the mascot of Oak Ridge Realty, and they wished it to be part of their exhibit at the convention at the Disneyland Hotel exhibit hall. He explained that every precaution had been taken to make it a safe situation. The lion would never leave the cage. The cage would be transported on wheels and, as shown in the picture, the area marked "X" was right by the freight door. The lion would be driven into that point, parked and left in that area. The cage was also six feet off the ground making it safe for any- body walking around it, and it not only had bars, but also chain link fencing to preclude the protrusion of claws. It would be sitting in an area that would be roped off, and two trainers would be posted in that area. The matter of insurance had also been brought to their attention. The lion was insured as explained in his letter of August 14, 1979 to the Council and the policy would include the City of Anaheim, Oak Ridge Realty and Disneyland Hotel and the Association. More important than the financial liability, was the safety factor in making certain that the public was not endangered. Gentle Jungle, the owners of Zambia the Lion, in their 28 years of business had never had a single problem with their animals. He respectfully requested that the Council consider their request favorably. Councilman Bay asked Mr. Moon how much liability insurance he was talking about. Mr. Moon stated whatever the Council determined reasonable, but they had been talking about $500,000. Councilman Bay then asked the City Attorney's opinion on the liability question. City Attorney Hopkins stated he felt there was liability on the part of the City in the event there were any accidents or incidents resulting in injuries. He felt that the insurance described would cover the City's liability, but the Risk Manager might want to add more than the $500,000. He also recommended a hold 79-911 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. harmless agreement to provide that the City would be held harmless by Oak Ridge Realty. Mr. Jack Love, Risk Manager, stated that the City Attorney's recommendation was in order, A minimum of $500,000 should be required, with the City to be named as an additional insured. He also explained for the Mayor and Councilwoman Kaywood that the City had additional coverage where up to $20 million would apply in this case if, by chance, the City would be held responsible for any incident. He did not believe there was an exclusion to that type of exposure. If there were some claiM, it would have an adverse affect upon future premiums should the City be held liable above $500,000. In answer to Councilman Bay, Mr. Moon did not feel there was any problem in providing a hold harmless agreement along with $500,000 in insurance. Further discussion then followed between Council and staff relative to the insurance coverage involved when the Circus was in town and how that was handled. Councilman Overholt referred to the report from the Police Department recommending against the subject activity and waiving the effect of the ordinance. He assumed when it was passed originally, it was to discourage the keeping of wild animals in the City for whatever purpose. They were being asked to waive that impact for commercial purposes. He felt that the Circus and the present situation were two different cases. This was a client of the Disneyland Hotel for a convention and it was primarily a promotional item on behalf of a realty organization. In his opinion, the ordinance was passed for a purpose and he was going to enforce it. Mayor Seymour stated he was supportive of the ordinance but that ordinance prohibited the keeping of wild animals in the City on one's property, but it did not pertain to a show, a convention or an activity such as the Circus, otherwise the Circus would be violating that ordinance. He felt that the Chief's recommendation was a prudent one because it would be a safer situation without the lion. Councilman Overholt reiterated that the Circus was an entirely different type of operation, and he asked the City Attorney if the Circus applied for a waiver of the ordinance. Mr. Hopkins stated it provided a special exception for wild animals in Circuses, carnivals and shows. Councilman Overholt then wanted to know why their request was before the Council. Mr. Hopkins stated it was required for a waiver or modification of regulation and exceptional cases were brought before the Council for approval because of unusual activity. The Circus was a regular exception to the ordinance. 79-912 City Hal~ Anaheim~ California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. Mayor Seymour wanted to know as far as interpreting the ordinance if the Circus was an exhibit or a show not subject to the ordinance, how was it that the request under consideration was not interpreted as an exhibit. Mr. Hopkins explained this was for a Special Events Permit for an event to be held in the exhibit hall of the Disneyland Hotel (Chapter 4.02 of the AMC). In every convention, the exhibitor had to get a Special Events Permit if the event were held in the Convention Center. The Mayor pointed out that the convention was being held in a private convention center rather than public and the dialogue supported his point that the activity being requested had little or nothing to do with the ordinance if construed relative to the keeping of wild animals. Councilman Overholt stated he was not on the Council when the Ordinance was passed. If there was an exception in the language of the ordinance permitting the activity in a convention setting, he was not certain that the matter was properly before the Council and he would back off; Mr. Hopkins noted that the waiver was properly before the Council. MOTION: Councilman Seymour moved that the subject request be approved with the justification that in his opinion he did not intrepret the decision to be a waiver of the ordinance. Councilman Roth seconded the motion. Before a vote was taken, the Mayor continued that the City Attorney and Chief of Police having evaluated the matter wanted to insure to the greatest degree possible that the City did not incur a risk, thus using the ordinance to deny the request. He maintained that to do so in this case would be discriminatory and totally unfair. Councilman Overholt asked the Police Chief if the debate had changed his opinion and also having heard the precautions, if he felt that the risk was minimized. Police Chief George Tielsch stated that the debate had not changed his opinion. The Mayor was correct - the duty of the Police Department was that of a "nay- sayer." They evaluated a situation and made a recommendation they deemed to be in the best interest of the City based on a safety standpoint. Relative to the precautions, he was out of the Council Chamber when they were announced, but Captain Kennedy was present. Captain Kennedy stated he had heard the precautions that were going to be taken but their concerns would still remain the same. Councilman Bay stated he wanted to offer an amendment to the motion to include that the requestors stipulate to liability insurance of $500,000 and also to a hold harmless agreement with the City; the Mayor accepted the amendment. Mrs. Edith Hasse, 730 North Lemon, contended that the Circus was a public exhibit, but the convention was not a public exhibit and that made a difference. She believed that the citizens of Anaheim and the City Council should support the Police. She was present to give her full support to the Police because she felt that lions belonged in zoos and circuses and not in real estate conventions. 79-913 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. A vote was then taken on the foregoing motion with amendments as stipulated. Council Members Kaywood and Overholt voted "no". MOTION CARRIED. 108: HOPE HOUSE CORPORATION - REQUEST FOR 60-DAY EXTENSION TO AN EXISTING B~NGO LICENSE: Mr. Frank Black, 9121 Amethyst, Rancho Cucamongo, San Bernardino, stated he had an opportunity to read the City Attorney's report dated July 31, 1979. He then updated the Council on the activity of Hope House (see minutes May 1, 1979) which was a long-term residential program in Orange County that had serviced over 250 young people with drug and alcoholic problems. His purpose was to help young people and not to stay in the Bingo business. They had been before the Board of Supervisors relative to Revenue Sharing refunding, but their problem lay in the fact that by the time the Board and staff hearings were completed and priorities established, there would be a period of approximately 30 days where they would have no funding whatsoever. He currently had 26 young people under his care in Santa Ana and desperately needed the revenue. He emphasized that they were the only Bingo operators being forced out of business as a result of the new ordinance. One of the things stated by the City Attorney was a concern over the three-day limitation. They had never operated over three days. They started at one, then two and stayed at three. They had not created mny problems and no formal complaints had bemn made to Hope House by the Police Department. The Mayor asked if Hope House had been cited or if anything had been found to be improper in their operation; Police Chief Tielsch answered that he had just been assured by Lieutenant Wilcox that the answer was "no". Mayor Seymour then asked for clarification that, (1) Mr. Black was requesting a 60-day extension and in the event after 60 days if they were unable to re- locate, then they would close the operation, and (2) if they found another location, they would file for a new license. Mr. Black answered that relative to the first question, that was correct but regarding the second, that was not necessarily true. They had two grants pending at the moment. Bingo was a thing of necessity and not choice, and they had no alternative but to use it as a fund raiser. He then assured the }~yor in the event of relocation, they would apply for a new license and also if the 60-day extension were granted, he would not be back to the Council in 90 days asking for another extension. He explained further that his Board was not interested in going into the Bingo business at any greater length. They had not anticipated the explosiveness, competitiveness, the bad press and all of the things surrounding Bingo which took place and although they had found a facility that would probably be approved for Bingo, it would create problems with residents, as well as other problems in the City, and they did not want to be involved in that whole arena. In answer to questions posed by Councilwoman Kaywood, Mr. Black stated he had not been actively pursuing Bingo, but instead private foundations and donations. They did not want to get involved in Bingo and they did not want to relocate but needed the extension of time because there would be an approximate 45-day period without funds. Relative to funds to carry them over that period, such funds would be dependent upon a number of things. Some months' receipts were such that it was possible to put away $6000 or $8000, while that was not possible other months. 79-914 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. Mr. Albert Pearson, attorney, 253 North Pacific, Santa Ana, stated for purposes of clarification the reason there was no active pursuit of a new location was that Hope House felt that Bingo was not the most acceptable way to fund their program, and thus they had been seeking other funding procedures. However, there was a period where there would be no funding for Hope House unless Bingo were allowed to continue for the 60-day period they were requesting. Councilman Bay asked Mr. Black, (1) where their actual Hope House operation was located, and (2) how long they had been running their Bingo operation in the City. Mr. Black answered that their facility was located at 9842 13th Street, an old County facility in an unincorporated area of Santa Ana. Secondly, their Bingo operation in Anaheim started September 13, 1978. Councilman Bay then stated so that Mr. Black understood his position, he felt strongly if they did not deny the request, they were in effect overriding and reversing the decision setting a three-day ordinance. The decision would be not to enforce the terms of the ordinance against the licensee, and he agreed with the City Attorney's legal position as outlined in his report. MOTION: Councilman Bay continued that his position had nothing to do with the good work he heard all about that supposedly came from Bingo although he had never agreed in principle that Bingo profits were a substitute for charity or anything else. Therefore, he could not favor the appeal and thereupon moved to deny the request for a 60-day extension to an existing Bingo license of Hope House Corporation. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Overholt stated that the amendment to the ordinance took a long time to happen. If Mr. Black was going to bite the bullet on using Bingo as a source of financing for his good work, he suggested he do so now, rather than ask the Council to back down from an ordinance put into effect for a very good reason. He agreed with Councilman Bay that the issue was a question of how the City chose to handle Bingo and not the merits of Hope House. Mr. Black stated that the Council's position was well taken and the ordinance was well thought out, but one of the things that they did not realize was who they affected. The decision for three days a week was to stop some of the big operators; however, the only organization hurt was Hope House because they were the only organization that had to relocate and thus the only one affected by it. If they were to bite the bullet today, they could not keep their program open. Mayor Seymour asked for clarification from the City Attorney that his concern was that granting the request would jeopardize the enforceability of the ordinance. The particular portion of the ordinance for which an exemption was being requested was that concerning location and not the days of operation. He wanted to know if the concern revolved around the possibility that the entire ordinance would be thrown out or that the provision relative to the place of operation would be thrown out. He asked that the City Attorney be more specific. 79-915 City Hall, Anaheim~ California - COUNCIL MINUTES - Au~qst 14, 1979~ 1:30 P.M. Mr. Hopkins explained that the new ordinance provided that there may only be one organization on the premises and that organization shall be limited to three days. There was no waiver provision in the ordinance and, therefore, the ordinance would have to be amended in order to change that particular section. Hope House was the first organization to fall under the provisions of the new ordinance because their license was going to expire August 31, 1979. Unless a waiver provision were included, it was his opinion that to grant the request would be setting a precedent which would surface later on when every other organization would be affected by it. Mayor Seymour stated he was concerned that they not jeopardize the three day ordinance, but he was not convinced that by granting a waiver or exemption relative to the place of operation would throw out the rest of the ordinance. City Attorney Hopkins read from the Code the actual provision they were dealing with and reiterated if they were to grant a waiver, they would be setting a precedent that might later result in other similar requests when the license of other organizations expired. They include a provision in the ordinance that a waiver of the provision could be authorized on the vote of the City Council, but presently that provision was not included in the ordinance. After a further brief discussion on the matter between the Mayor and the City Attorney, Mr. Hopkins emphasized that of concern, was that granting the request would jeopardize the enforceability of the ordinance by giving a basis for allegations of discriminating enforcement and denial of equal protection of the laws by other licensees who must comply with the three-day limitation. Mr. Pearson then pointed out in the Code Section under "Severability" it provided that if any portion of the ordinance was stricken or found improper, the rest of the ordinance would stand. As to the times of operation, even if the location of operation would change, the severability paragraph would permit the continued enforcement of the remainder of the ordinance. If that came up, he would then ask if the Council would seek to put in a waiver provision and seek to have a nunc pro tunc amendment to allow a maximum of a 60-day waiver as to the license. Councilwoman Kaywood stated that although she was not questioning the value of services provided by Hope House or Widow's Anonymous, she had to agree with Councilman Bay that Bingo proceeds were not the proper way to fund their activities. She also agreed with the City Attorney that to grant the extension would jeopardize the ordinance. If the first waiver was allowed, she did not see how they could deny others a similar waiver. The Mayor stated that he totally supported the activity in which Mr. Black was involved and he did not want to see him going back to the public trough. How- ever, if their vote meant a difference between an. enforceable ordinance and one that was not, the Council would be wise to follow the advice of its legal counsel. Although he did not intend to deny the request, he would have to go with the motion to deny. A vote was then taken on the foregoing motion. MOTION CARRIED. 79-916 City Hall, Anaheim~ California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. 105: ANAHEIM YOUTH COMMISSION BY-LAWS: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, an amendment to the Anaheim Youth Commission by-laws was approved, providing for one meeting per month on the second Wednesday, effective this month (August 1979). MOTION CARRIED. 107: CONTINUED PUBLIC HEARING - HOUSE MOVING: Request by R. W. Bettis, to move a single-family residential structure for its present location at 217 7th Street, Huntington Beach, to 918 North Harbor Boulevard. Annika Santalahti, Assistant Director for Zoning, stated that following last week's meeting (see minutes August 7, 1979), Mr. Bettis was contacted by telephone to inquire as to what he intended to do with the house, whether it would be retained as a single-family or if some modification was involved. He indicated he was no longer interested in a house moving permit. After he filed and paid the fees, he inquired as to the zoning requirements on the particular property and found he could not make some modifications he wanted to make. However, he did not withdraw his request for the permit which was processed, and he was unwilling to send his request for withdrawal in writing. She therefore recommended that the request for permit be denied. The Mayor asked if anyone wished to speak, either the applicant or anyone in favor or in opposition; the applicant was not present and there was no other response. He therefore closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Roth, seconded by Councilman Seymour, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, of the City of Anaheim guidelines to the requirements for an Envi- ronmental Impact Report and is, therefore, categorically exempt from the requirement to file and EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 79R-471 for adoption denying the request for House Moving Permit. Refer to Resolution Book. RESOLUTION NO. 79R-471: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING A HOUSE MOVING PERMIT TO R. W. BETTIS TO MOVE A DWELLING FROM 217 7TH STREET, HUNTINGTON BEACH, TO 918 NORTH HARBOR BOULEVARD, ANAHEIM, CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-471 duly passed and adopted. CONSENT CALENDAR ITEMS: On motion by Councilman Overholt, seconded by Councilman Seymour, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 79-917 City Hall~ Anaheim, Califoro~a - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M.. 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's claims administrator or were allowed: a. Claim submitted by Bernice Lorene Clowers for personal injuries purportedly sustained as a result of a fall on a public sidewalk adjacent to Pepper Street and Ball road on or about April 27, 1979. b. Claim submitted by Barbara L. Spetz for personal injuries purportedly sustained as a result of a slip and fall accident at Anaheim Stadium on or about June 23, 1979. c. Claim submitted by Gerry McPeek for damages to an air-conditioning unit purportedly sustained as a result of a severe drop in power voltage on or about July 10, 1979. d. Claim submitted by Southern California Gas Company for property damages to underground service line purportedly sustained as a result of work by City equipment near 908 North Emily Street on or about May 3, 1979. e. Claim submitted by Criterion Insurance Company for damages purportedly sustained as a result of a vehicle collision in the City of Anaheim on or about April 7, 1979. f. Claim submitted by Sidney, Leslie, Trevor and Trent Evenson for personal injuries purportedly sustained as a result of an accident on an escalator at Anaheim Stadium on or about April 21, 1979. g. Claim submitted by Roger Allan Woodruff II and Roger Allan Woodruff, Guardian Ad Litem, for personal injuries and damages purportedly sustained as a result of assault and battery on or about April 17, 1979. h. Claim submitted by John R. Lehmann for personal injuries purportedly sustained as a result of a slip and fall accident at Anaheim Stadium on or about July 6, 1979. i. Claim submitted by Timothy Tesh for personal injuries purportedly sustained as a result of improper crowd control at Anaheim Stadium on or about July 7, 1979. j. Claim submitted by Mrs. Shirley Reafsnyder for personal injuries purportedly sustained as a result of a fall caused by a hole in the alley pavement behind the residence at 319 East Wakefield, #8, on or about April 21, 1979. k. Claim submitted by Sharron Lee Freley for personal injuries purportedly sustained as a result of a fall caused by food substance on the sidewalk outside Gate 3 at Anaheim Stadium on or about July 10, 1979. 1. Claim submitted by William Clements for vehicle damage~ purportedly sustained as a result of an accident in Anaheim Stadium parking lot (gate swung into vehicle) on or about June 21, 1979. 79-918 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14, 1979, 1:30 P.M. m. Claim submitted by Dean L. Smith for personal injuries purportedly sustained as a result of a fall at Anaheim Stadium on or about July 10, 1979. n. Claim submitted by George Daniel Lopez for personal injuries purportedly sustained as a result of being sprayed with MACE at Casa Maria Restaurant on or about May 19, 1979. o. Claim submitted by Priscilla Lopez for personal injuries purportedly sustained as a result of being handcuffed improperly at Casa Maria Restaurant on or about May 19, 1979. p. Claim submitted by David Bartholomew for personal injuries purportedly sustained as a result of accident involving City-owned power mower on or about July 11, 1979. q. Claim submitted by Bud Strauss for vehicle damages purportedly sustained as a result of his vehicle falling into a hole in the street (northeast corner of Anaheim Boulevard and Harbor Boulevard) on or about July 23, 1979. r. Claim submitted by Donald Ray Kendrick for damages purportedly sustained as a result of actions by the Anaheim Police in the vicinity of 304 East Cypress on or about June 12, 1979. The following claim was recommended to be allowed: s. Claim submitted by Jerry Dean Miotke for vehicle damages purportedly sustained as a result of a traffic accident caused by a City truck on or about June 6, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Before the Public Utilities Commission, Gray Line Tours Company, Application No. 58599, Application for Certificate of Public Convenience and Necessity for a passenger stage corporation in the provision of extending operations between Los Angeles and Newport Beach via Anaheim, Orange, Santa Ana, Tustin, and Irvine. b. 105: Community Center Authority - Minutes of special meeting, July 30 1979. ' c. 107: d. 105: e. 156: Planning Department, Building Division - Monthly Report for July 1979. Community Services Board - Minutes of June 14, 1979. Police Department - Monthly Report for July 1979. f. 175: Public Utilities Department, Electrical Engineering Division - Monthly Reports for May and June 1979. 3. APPLICATIONS: The following applications were approved in accordance with the recommendations of the Chief of Police: 79-919 City Hall~ Anaheim~ California - CQUNCI~ ~INUTES - August 14~ 1979~ 1:30 P.M. a. 108: Private Patrol Application, submitted by Diablo Valley Patrol, 8732 Westminster Street, Suite 7, Westminster to provide security guards and security patrol services. (James Michael Boone, applicant) b. 108: Dinner Dancing Place, submitted by Oscars Restaurant, 1160 North Kraemer Boulevard, for dancing Monday through Saturday, 8:00 P.M. to 1:00 A.M. (Harvey S. and Norma M. Owen, applicants) Later in the meeting the Mayor referred to the Dinner Dancing Place application by Harvey S. and Norma M. Owen and explained that Councilwoman Kaywood had shared some concerns with him relative to the application. MOTION: Councilman Seymour thereupon moved, (I) to revoke their earlier action approving the application (which was done in conjunction with the Consent Calendar), and (2) to continue the matter for one week and that the Police Chief provide a further report concerning the request. MOTION CARRIED. 4. TENTATIVE TRACTS: The following Tentative Tracts were approved by the City Planning Commission and granted a negative declaration status: a. 170: TENTATIVE TRACT NO. 9594(Revision No. 2): Submitted by Burnett Development Co., to establish a 13-lot subdivision on RS-HS-22,000 zoned property located on the east side of Henning Way, south of Arboretum Road, b. 170: TENTATIVE TRACT NO. 10794: Submitted by the Anaheim Methodist Church, to construct a l-lot, 21-unit condominium project on proposed RM-3000 zoned property located on the south side of Wagner Avenue, east of State College Boulevard. 5. 164: PROJECT ALPHA OFF-SITE WATER MAIN, CHANGE ORDER NO. 1: Change Order No. 2 was approved in accordance with the recommendations of the City Engineer, in the amount of $19,350, McGuire Construction Inc., contractor, bringing the original contract price to $280,652.80. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Roth offered Resolution Nos. 79R-472 through 79R-475, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 79R-472: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Paul Kouri and Robert O. Guyot; Harvey Hubbell, Inc.; Secure Properties, Inc.; Wilbur H. Kine; Herman H. Flum; Sycamore Investment Company; Equitable Water Co., a corp.; L. Steven Long & Esther Rose Long) 167: RESOLUTION NO. 79R-473: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF LAKEVIEW AVENUE AND LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-794-6325-4040. (Steiny and Company, INC.) 79-920 City Rall~ Anaheim, .California - COUNCIL MINUTES - August 14,. 1979~ 1:30 P.M. 150: RESOLUTION NO. 79R-474: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PEARSON PARK POOL DEMOLITION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-808-7105-00002. (E & G Contractors) 175: RESOLUTION NO. 79R-475: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: CONVERSION OF 4 KV LINE TO 12 KV DISTRIBUTION LINE, COM- MUNITY DEVELOPMENT AREA II AND III, ACCOUNT NO. 25-671-6328-74410-36500 (AREA II) AND ACCOUNT NO. 25-671-6328-74420-36500 (AREA III). (A. S. Schulman Electric Company, $44,957.38) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 79R-472 through 79R-475, both inclusive, duly passed and adopted. 170: FINAL MAP TRACT NO. 10703: Developer, Holiday Harbor: tract is located south of Orangewood Avenue between Broden Street and Acama Street containing one proposed RM-1200 zoned subdivision (20 buildings). On motion by Councilman Seymour, seconded by Councilman Roth, the proposed subdivision, together with its street design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 10703, as rec- ommended by the City Engineer in his memorandum dated August 8, 1979. MOTION CARRIED. 170: FINAL MAP TRACT NO. 10705: Developer, Holiday Harbor: tract is located south of Orangewood Avenue between Camino Street and Broden Street containing one proposed RM-1200 zoned subdivision (20 buildings). On motion by Councilman Seymour, seconded by Councilman Roth, the proposed subdivision, together with its street design and improvement, was found to be consistent with the City's General Plan, and the City Council approved Final Map Tract No. 10705, as recommended by the City Engineer is his memorandum dated August 8, 1979. MOTION CARRIED. ORDINANCE NO. 4030 THROUGH 4032: Councilwoman Kaywood offered Ordinance No. 4030 through 4032, both inclusive for adoption. Refer to Ordinance Book. 150: ORDINANCE NO. 4030: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 1.08.085 AND 1.08.090 TO CHAPTER 1.08, TITLE 1, OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO A SPECIAL CAPITAL OUTLAY FUND. (for acquisition of George Washington School property--Neighborhood Community Center) 79-921 City Hall~ Anah. eim, California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. 156: ORDINANCE NO. 4031: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTIONS 4.90.010 TO 4.90.160 INCLUSIVE OF ORDINANCE NO. 4027 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE ALARMS. (to correct Code Section numbering) ORDINANCE NO. 4032: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-30, ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4030 through 4032, both inclusive, duly passed and adopted. ORDINANCE NO. 4033: Councilman Bay offered Ordinance No. 4033 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4033: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-38, RM-1200) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4033 duly passed and adopted. 156: ORDINANCE NO. 4035: Councilman Seymour offered Ordinance No. 4035 for first reading. ORDINANCE NO. 4035: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.95 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE ALARMS. (burglary/ robbery alarms) 114: COUNCIL MEETING - SEPTEMBER 25, 1979: Councilman Overholt stated that initially he was not going to attend the Annual League of California Cities Convention in San Francisco September 22-25, 1979. Since he now planned to attend, he believed it appropriate that no Council meeting be held on Tuesday, September 25, 1979 since the entire Council would not be present. MOTION: Councilman Overholt thereupon moved to declare the Council's intent not to hold a Council meeting Tuesday, September 25, 1979, since the Council would be attending the Annual League of California Cities meeting in San Francisco. Councilman Bay seconded the motion. MOTION CARRIED. 79-922 City Hall~ Anaheim, California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. 161: "WHAT'S HAPPENING IN DOWNTOWN" BROCHURE: Councilman Overholt cormnended Mr. Norm Priest, Executive Director of Community Development, and those respon- sible for the, "What's Happening in Downtown" which he had distributed to a number of interested friends. It was an easy and complete way of explaining what was happening in the Redevelopment area, which at this time was extremely important. 114: SCAG AIRPORT SITE WORKSHOP: Councilwoman Kaywood reported that she attended the August 9, 1979 SCAG Airport Site Workshop held in Garden Grove where she stated the Council's opposition to the Chino Hills site. They were still working on five potential sites. 114: JOINT POWERS FIRE TRAINING AUTHORITY: Councilwoman Kaywood reported that she attended the August 8, 1979 special meeting of the Joint Powers Fire Training Authority at 7:30 A.M. They had filed an intent for an arson training federal grant of over $200,000 to cover 18 months. The 10% match would be funded by the Authority from their own funds. 114: CALTRANS PROJECT IN ANAHEIM: Councilwoman Kaywood referred to the exchange of correspondence relative to the Caltrans landscaping project in Anaheim with Councilman A1 Hollinden, the latest having been sent to him by Bob Datel, District Director of Caltrans. In view of that letter, she would be inclined to go along with the request that the landscaping project be retained without prejudicing other Anaheim projects that were also of great importance and that the City would like to have both. According to that letter, one did not necessarily cancel out the other. Mayor Seymour stated they should make it clear, however, that they were supporting the Orange County Transportation Commission. Councilwoman Kaywood explained it was not supporting that because OCTO wanted to eliminate the landscaping completely. Mayor Seymour then stated in that case, they would be giving way to what had been rumored to be the divide and conquer tactics of Caltrans. Councilwoman Kaywood answered she knew that was Councilman Hollinden's view, but according to Mr. Datel, he was also upset about the letter itself, that they had been jointly working well together and did not want to see that type of schism taking place. The other projects would not be precluded by supporting the Caltrans lanscaping project promised to the City. She suggested that the Council postpone taking any action for one more week, since there was a League of Cities meeting on Thursday, August 16, 1979, where all the cities and Mr. Hollinden could discuss the matter further. Councilman Bay stated it was difficult to separate facts from the rhetoric contained in the letter and did not want to do anything that would jeopardize Orange County Transportation Commission's position on the important factors involved. The Mayor stated that the matter would be held over one week. 79-923 City Hall, Anaheim~ California - COUNCIL MINUTES - August 14~ 1979~ 1:30 P.M. 148: APPOINTEE TO ADVISORY COUNCIL OF THE SCAqMD: Councilman Roth reported that Mr. Dick McMillan had been appointed to the South Coast Air Quality Manage- ment District Advisory Council, which Council contained a mix of both industry and environmentalists who guided the Board's thinking. He considered Mr. McMillan's appointment to be an asset to the Council. 114: NEWSRACK AND GAS STATION FUEL PRICING ENFORCEMENT: Councilman R~th again expressed his concern that the newsrack ordinance be enforced. He also explained that the people who called him relative to that matter invariably asked about the gas station signing ordinance and its enforcement. He suggested that a report be submitted to the Council at the next meeting on that issue. Miss Santalahti then explained the steps being taken relative to enforcement. The Mayor explained that he had discussed the matter with the Zoning Enforcement Officer and part of the problem revolved around the fact that some stations were awaiting new signs they had ordered to accommodate the required pricing. Some of those stations who had not yet complied showed Mr. Walp evidence that the signs were on order. 173: ALTERNATIVE FUELS FOR CITY VEHICLES: Councilman Roth stated that a few weeks ago he spoke about the possiblity of converting City vehicles to other types of fuels. A recent newspaper article reported that the County fleet was preparing for a fuel change-over, and he was certain that staff was monitoring the situation. He had also had a recent discussion with Mr. Larry Slagle of the Yellow Cab Company who informed him that his vehicles were burning natural gas and that it was a successful program. He suggested that staff in their monitoring process also speak with Mr. Slagle to obtain performance records on the dual system of using both natural gas and regular gas in their vehicles which had a great deal of merit. It was cost effective and contributed to curbing air pollution. 172: TRAFFIC FLOW AND CIRCULATION IN THE DOWNTOWN AREA: Councilman Bay asked when they might expect a report on the subject which he recently requested. Mr. Talley stated he believed it was due the next week, and he would be certain it would be submitted at that time. 105: LIAISON COMMITTEE MEETING WITH HACMAC AND PLANNING COMMISSION: Mayor Seymour reported on the subject meeting which he attended, along with Council- woman Kaywood, which was subsequent to disbanding HACMAC. What came from that meeting was an expressed concern that there appeared to be a change in the Anaheim Hills area and the type of housing being offered in the marketplace, i.e., a move away from single-family residences to more condominiums. It was felt this was in response to ever-rising prices for housing. Although there seemed to be an understanding of that change in the Liaison Committee, it was felt that it would be beneficial to have the Liaison Committee and the Chairman and the Vice Chairman of the Planning Commission, along with Mrs. Jan Hall and Mr. Lynn Buffington, meet for a briefing session with Anaheim Hills at their property to raise questions relative to the matter and to obtain some reassurance that the remainder of Anaheim Hills would not totally be developed into condominiums 79-924 City Hall~ Anaheim, .California - COUNCIL MINUTES - August 14, 1979~ 1:30 P.M. 105: DISPOSITION OF UNEXPIRED HACMAC FUNDS: Mayor Seymour explained with the disbandment of HACMAC, they had decreased the City Budget by $20,000. MOTION: Councilman Seymour moved that the $20,000 budgeted for HACMAC activities be moved into the Council Contingency Fund. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if the full $20,000 remained in that account. Mayor Seymour clarified that the unexpired funds left in the Budget be moved to the Council Contingency Fund. That was the intent of his motion. A vote was then taken on the foregoing motion. MOTION CARRIED. RECESS-EXECUTIVE SESSION: By general consent, the Council recessed into Executive Session. (3:45 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (4:00 P.M.) 153: DETERMINING THE DISPOSITION OF THE DISABILITY RETIREMENT APPLICATION OF RONALD CLARIDGE: City Manager Talley stated that the Safety Retirement Committee recommended, and his office concurred, that the Council accept the non-industrial disability retirement of Ronald Claridge determined to be dis- abled within the meaning of the Public Employees Retirement Law for the performance of his duties in the position of Police Officer, Master Intermediate. Councilman Overholt offered Resolution No. 79R-476 for adoption finding and determining that Mr. Ronaid Claridge is disabled within the meaning of the Public Employees Retirement Law for the performance of his duties in the position of Police Officer, Master Intermediate, thus approving the disability retirement application, as recommended, with the following findings: The City Council of the City of Anaheim does hereby find and determine that Ronald C. Claridge is incapacitated within the meaning of the Public Employees Retirement Law for performance of his duties in the position of Police Officer, Master Intermediate; that such disability is NOT a result of injury or disease arising out of and in the course of employment and neither said Ronald B. Claridge nor the City of Anaheim has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21016 whether such disability is industrial; that the member was or will be separated from his employment in the position of Police Officer, Master Intermediate, after payment of his leave rights under the Personnel Rules of the City of Anaheim effective October 1, 1978 and that no dispute as to the expiration of such leave rights is pending. Refer to Resolution Book. RESOLUTION NO. 79R-476: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT RONALD B. CLARIDGE IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF POLICE OFFICER - MASTER INTERMEDIATE. 79-925 City Hall, Anahein~ C~l~.fornia - ~OUNCIL MINUTES - AuSus.~.14, 1979, 1!,30 Roll Call Vote: AYES: NOES: ABSENT: COUNCIL ltl~tBER~: COUNCIl, ltEl~El~: COUNCIL MEltERS: Overholt, Kaywood, Bay, Roth and Selmour None None The Nayor declared Resolution No. 79R-476 duly passed and adopted. ADJOU_~T: Councilman Bay moved to adjourn, Councilwoman Kalmood seconded the motion. MOTION CARRIED. Adjourned: 4:02 P.M. LINDA D, ROBERTS, CITY CLERK