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1979/02/2779-239 ~ity Hall, Anaheim, California - COUNCIL MINUTES - February 27~ 19.79~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins CHIEF OF POLICE: George Tielsch POLICE LIEUTENANT: Dale Wilcox CITY ENGINEER: William Devitt FINANCE DIRECTOR: George Ferrone UTILITIES MANAGEMENT SERVICES MANAGER: Darrell Ament REDEVELOPMENT MANAGER: Susan Schick ASSISTANT PLANNING DIRECTOR FOR ZONING: Annika Santalahti ASSOCIATE PLANNER: John Anderson AUDIT SUPERVISOR: Young Choi Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. MOMENT OF SILENCE: In lieu of an Invocation, a moment of silence was observed. FLAG SALUTE: Councilman Don Roth led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATUALTIONS: A resolution of congratulations unanimously approved by the Anaheim City Council was presented to Edith Falkenstein on the occasion of her retirement, commending her for 42 years of service in the City's Library Department. 119: RESOLUTION OF CONGRATULATIONS: A resolution commending the 15-Charter Member Steering Committee of the Anaheim Historic Museum Committee on their efforts to establish a historical museum, unanimously approved by the Anaheim City Council, was presented to Midge Taggart by the Mayor. 111: SPECIAL RECOGNITION - 1978 ANAHEIM HALLOWEEN FESTIVAL COMMITTEE: Mr. Herb Leo presented mementos to the City Council on behalf of the Halloween Festival Committee, thanking them for their participation and cooperation in this event. He also recognized the following individuals who contributed greatly to the success of the event: Dick Dyer, Loren Greenwood, Rita Robinson, Wilma Stratman, and Bill Taormina. These individuals were also presented with letters signed by the Anaheim City Council expressing their gratitude for a job well done. In addition, Mr. Leo introduced Dave Ault and Ron Benadone, who acted as co-chairmen of the Halloween Festival last year and who also have agreed to take on the challenge again for this year's Festival. 155: REVISED FLOOD INSURANCE STUDY: Report from the Planning Department was submitted summarizing the revised Flood Insurance Study prepared by HUD. 79-240 ~ity Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Ms. Viki Thompson, Flood Insurance Specialist with HUD, advised they had met with City representatives from the Planning, Engineering and Emergency Services Divisions to discuss the actual results of the study. Ms. Thompson advised that the City is now entering into the conversion phase of this program, converting from the emergency phase. This means that there will be different insurance rates and different insurance coverages available. Typically the current rate of insurance is 25¢ per $100, the amount of insurance available is $35,000 maximum, so that the typical premium is $88 per year. When the revised Flood Map goes into effect approximatley one year from now, Ms. Thompson advised that more insurance coverage would be available, up to $185,000 for single-family residential properties, at rates varying from 1¢ to 30¢ per $100, depending on the variables of zone, height and age of the structure. Ms. Thompson referred to the Revised Flood Insurance Rate Map displayed on the wall and explained for the Council the different zones and their significance. She summarized that the revised map does not have much impact on the City of Anaheim since there's only a small portion of the City affected by the mandatory insurance provisions and the City already has appropriate site development standards for these areas. Another effect she pointed out is that previous flood maps showed much larger areas of Anaheim in the flood hazard zones, and therefore, she has checked the number of Flood Insurance Policies sold which comes to almost 1000. She advised that it is most likely that a number of these people who have been required by lenders to purchase the insurance will be able to drop the policies when the new map goes into effect, as only those in the areas coded dark blue will be required to maintain the policies. She stressed that anyone in the City is eligible to purchase the insurance voluntarily. Councilman Roth voiced his concern that there are many homeowners in the City who were required to purchase insurance before the Flood Hazard Map was changed drastically and that these individuals are still carrying these policies, not being aware that they are no longer necessary. Ms. Thompson advised she had discussed the possibility with staff of a news release to inform the community of the major changes in flood insurance requirements, perhaps with a copy of the revised map in the paper. Ms. Thompson concluded that after today's presentation to the Council, the City will enter an official 90-day appeals' period, during which any appeals would be submitted through the City for initial review and then sent to her Washington office for resolution. This appeal period however does not preclude the possi- bility of making necessary changes to the map at a later date following the appeal. Mr. Devitt advised Council that the Engineering staff is in general concurrence with the map, and that there is no action required by Council at this time. Mayor Seymour echoed Councilman Roth's concern for those homeowners who were, when the initial flood insurance program was launched, required by their lenders to purchase the flood insurance and now no longer need to carry the insurance. He suggested that some attempt be made, by means of perhaps a letter, to notify these people that the insurance is no longer required. 79-241 City Hal]~ Anaheim, California - COUNCIL MINUTES - February 27, 1979~ 1:30 P.M. Ms. Thompson suggested that the City also request a sufficient supply of the revised maps be forwarded to City Hall so that the lenders would be able to obtain copies. She explained that it is, by law, only the lender who can make the determination as to whether or not Flood Insurance is required any longer. It is therefore important that the lenders have access to the revised maps. MOTION: On motion by Councilman Seymour, seconded by Councilman Kott, the City staff was directed, upon final approval of the Revised Flood Insurance Rate Map, to bring back to Council an informational program to advise the citizens of the changes in the Flood Map and their ability to obtain refunds or discontinue the Flood Insurance. MOTION CARRIED. MINUTES: Councilwoman Kaywood moved that the minutes of the regular meeting of November 7, 1978 be approved with insertion of a paragraph on page 15. Council- man Overholt seconded the motion. Mayor Seymour requested that approval of these minutes be held over for one week and the proposed addition to same be presented to ali Council Members in writing, so that they might be able to see it in context. In addition, Mayor Seymour stated that he also felt such corrections or additions should be routinely given to the Council Members beforehand, as part of the Agenda packet. The foregoing motion to approve the minutes of November 7, 1978 failed to carry and approval was continued to the meeting of March 6, 1979. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $786,404.61, in accordance with the 1978-79 Budget, were approved. 169: INCANDESCENT STREET LIGHTING LUMINAIRES AND LAMPS~ HUD AREAS II AND III: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the award of contract for installation and replacement of Incandescent Street Lighting Luminaires and Lamps, HUD Areas II and III. (Account Nos. 25-676-6340-73630 and 25-676-6340-73640-37300) was continued to March 6, 1979 as recommended by the City Engineer. MOTION CARRIED. 180: CERTIFICATE OF CONSENT TO SELF-INSURE - WORKERS' COMPENSATION LIABILITY: In accordance with the report and recommendation submitted by the Risk Manager, Councilman Roth offered Resolution No. 79R-110 for adoption. Book. Refer to Resolution 79-242 _C. ity Hall~ Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. --~ RESOLUTION NO. 79R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR A CERTIFICATE OF CONSENT TO SELF-INSURE FOR WORKERS' COMPENSATION LIABILITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID APPLICATION ON BEHALF OF THE CITY COUNCIL AND TO FILE SAID APPLICATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS OF THE STATE OF CALIFORNIA. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-110 duly passed and adopted. 128: FINANCIAL STATEMENT REVIEW FOR THE PERIOD ENDING DECEMBER 31~ 1978: The six-month Financial Statement for the period ending December 31, 1978, waa submitted by the Finance Director. Mayor Seymour commented regarding the disparity between the budget forecast of interest income and the amounts actually received in the Electric and Water Funds. He noted that while interest income for the Electric Utility Fund was projected at $175,000, in fact, the Fund has already received $455,000 and, while the interest income for the Water Utility Fund was projected at $38,000, the amount already received was $107,000. He commended Mr. Ferrone on an outstanding job in accrual of this additional interest, but questioned why the projected figures were so far off target, noting that the budgeting process is not a valid one, if figures are not accurate. Mr. Ferrone explained that this discrepency was due to a combination of factors, namely the Council's acceptance of a recommendation to install the "moneymax" automated investment system, the net effect of which has been to increase the interest income yield by 50%, as well as the current money market with interest rates approaching 10%. Mr. Ferrone advised that there was no way anyone could have forecast the current interest rates. Further he noted that a great deal of the expenditure scheduled for capital equipment in Utilities has been deferred, and therefore the City has more money to invest than originally estimated. Councilman Roth pointed out that what interests him in this report is the continued pattern of loss at the Anaheim Hills Golf Course which, according to this Financial Statement is $158,000 for the period ending December 31, 1978. Mayor Seymour further commented on the variation in revenues shown for Data Processing and questioned why such a difference. Mr. Ferrone explained that it is his understanding that Data Processing is behind in billing to MDS and that the situation should resolve itself by the end of the year. He offered to prepare a more detailed report on the Data Processing situation. MOTION: Councilman Roth moved to receive and file the Financial Statement Review for the period ending December 31, 1978 as prepared and submitted by the Finance Director. Councilman Overholt seconded the motion. MOTION CARRIED. 105: PEARSON PARK POOL DEMOLITION AND CONSTRUCTION CONTRACT: In accordance with the recommendation of the City Manager, Councilman Overholt moved that the City Council rescind their prior action to continue the award of contract for Pearson Park Pool demolition and construction to the meeting of March 6, 1979. 79-243 City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979~ 1:30 P.M. Councilwoman Kaywood seconded the motion. MOTION CARRIED. In. accordance with the recommendations submittedby the City Engineer, Council- man=Kott offered Resolution Nos. 79R-1tl and 79R-112 for adoption. Refer to Resolution Book. 150: RESOLUTION NO. 79R-111: 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: PEARSON PARK POOL DEMOLITION, IN THE CITY OF ANAHEIM, Account No. 16-808-7105-00002. (E & G Contractors, Inc., $36,284) 150: RESOLUTION NO. 79R-112: 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: PEARSON PARK POOL CONSTRUCTION, IN THE CITY OF ANAHEIM, Account No. 16-808-7105-00001. (Nadar, Inc., $648,700) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, ~aywood, Kott, Roth and Seymour None None The Mayor declared Resolution Nos. 79R-111 and 79R-112, duly passed and adopted. 112: BEATRICE FOODS LITIGATION: On motion by Councilman Roth, seconded by Council- woman Kaywood the City Council authorized the County Counsel to provide defense for the City of Anaheim in litigation filed by Beatrice Foods in Superior Court against the City of Anaheim and County of Orange in connection with taxes paid under protest, as recommended by the City Attorney. MOTION CARRIED. 108: PROPOSED AMENDMENTS TO SECTION 7.34 OF THE ANAHEIM MUNICIPAL CODE R~LATING TO BINGO GAMES: At the request of the Mayor, the Assistant City Manager summarized the amendments to the City Ordinance regulating Bingo which were adopted following the prior public discussion September 19, 1978 (see minutes Pages 78-1244 through 78-1249), and it noted that the remaining proposed changes to the Ordinance were postponed for a period of 90 days to allow the Bingo operators to meet and form an association which would then provide input and recommendations to the Council on these remaining proposed changes, as well as on the operation of Bingo in the City of Anaheim. To date, no recommendation has been received from the Bingo operators group and the Police Department and City Manager's office continue to recommend that amendments to Section 7.34 of the Anaheim Municipal Code be enacted by the Council which would: (1) limit the conduct of Bingo Games on any individual premise, or by any individual Bingo licensee, to not more than 1 day per week, 6 hours a day, (2) require a license fee of $50 semi-annually, rather than annually, and (3) require independent annual audit of any licensee, paid by the licensee, whose gross receipts exceed $100,000 per year. 79-244 City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Mr. Hopkins pointed out that the third recommendation was not included in the earlier recommended changes, but staff believes it is necessary to ensure a bingo organization is complying with State and City law. Mr. Hopkins explained that the Bingo operators were all informed by mail of this agenda item. The complaints received by the Police Department regarding Bingo operations have been summarized and it appeared these generate from those operations working more than four days per week. He noted that this summarization has been presented to the Council, as well as some of the more recent audits conducted, which revealed violations of the ordinances regulating Bingo, as adopted and amended. These violations have been brought to the attention of the organizations responsible and the operators have agreed or are in the process of correcting them. He referred to the Police Department cost estimate of $57,000 per year to adequately monitor the Bingo operations in the City. Mr. Hopkins concluded that from the reports of gross receipts given the City, it is estimated that those Bingo operations playing five days per week will collectively gross over $6 million this year. It is the City's intent to insure that these funds are being used for the purposes set up, to provide funds for charitable causes. Police Chief George Tielsch stated that he is in concurrence with the remarks made by the Assistant City Manager. He related that in dealing with operations such as those which have developed into multi-millions of dollars, the problem can be very serious. He stated that he is frustrated because his Department is unable to --~ properly monitor the vast numbers of games with their limited resources. The following people spoke against the proposed changes to the Bingo ordinance: Mr. Joe Scrubnikov, representing the National Association for Senior Citizens read a statement prepared by Mr. John Morrell, President of that organization, in which it was proposed that the licensed Bingo operators donate the funds necessary for administrative overhead, these contributions to be based on the numbers of days they play. In addition, the letter suggested increasing the annual license fee to a fee of $50 to $100 per month. Mr. Morrell's letter also requested a further 60- day postponement of the Council's decision. As requested by Councilman Kott, the City Attorney responded to the suggestion made by the National Association for Senior Citizens on the proposed contribution of funds and increased license fee by indicating that the State Code, which authorizes the playing of Bingo, very clearly sets forth with respect to licenses that the fee for such, whether an initial or renewal fee, shall not exceed $50 in any one year. In addition, with respect to the contribution of funds to the City to cover the cost of monitoring the Bingo operations, Mr. Hopkins explained that the law clearly states all Bingo profits shall be kept in separate accounts and used only for charitable purposes and these funds shall not comingle. The City of Anaheim would certainly not qualify as a charity and therefore could not accept such funds. Fur- thermore such payments might be construed as payment for special favors, and he would not recommend this procedure be followed by the City. Mrs. Dorothy Halsey, Director of the Extended Care Hospital of Anaheim, read a ~ letter to the Council advising that patients of that Hospital are invited weekly t¢ participate at the National Association of Senior Citizens Bingo at no charge, 79-245 City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. and that the Association also provides refreshments and special gifts on holidays which are very important to the morale of the patients at her institution. Mr. Frank Black, Director of Hope House, 7382 Garden Grove Boulevard, Westminster, agreed that Bingo may cause some problems, however, he pointed out that shopping centers, ball games and Disneyland have also caused the City problems and that ways to cope with these problems could be worked out. He stressed that his program has ranked number one in Orange County for refunding this year and has pledged itself to becoming self-sufficient in the next fiscal year. If Bingo is cut back from five days per week, this will materiallly affect his program and his ability to care for young people with drug problems. Further he invited the Police Department, C~ty Council or any organization to visit Hope House to see what they are doing with the t~d~ derived from Bingo. In response to Councilman Roth, Mr. Black stated that tb~y d,~ ~ot operate Bingo games in any other City. l~ re~z. po~;c to Councilwoman Ka,fwood '.~-. Black gave his home address as 9121 Amethyst Street, C~camonga, C~lifornia, and a~l ised that they average between $1800 to $2200 net per week from Bingo. The gross proceeds from the December 1978 to January 1979 period for Hope House were reported for Councilman Roth by the City blanager as $95,127.00. Mr. Hal V~sick, representing the Anaheim Veterans of Foreign Wars Post 2173, stated that cutting Bingo back to one day per week in Anaheim would limit their ability to donate to the Servicemen's Center and the VA Hospital. They currently played Bingo two ti~es per week. Trudy A. Dacb~nan, representing Widow's Anonymous, 423 North Anaheim Boulevard described the services and activities conducted by her organization on behalf of widowed women and their families. Sh~ expressed the opinion that the taxpayers take their rights with them when they play Bingo, and that the City should identify which organizations caused them to expend Police time and money and those who do not run a clea~ game, and then take their Bingo licenses away. She stressed that if her organization is not permitted to generate funds through Bingo, th~' undoubtedl, y will be unabl~ to continue to provide services. In response to Council q~estions, she advised that her organization currently operates games two das~s per week, although they are licensed for three. Dr. Harry L. Vulkowitz, represe~ti~g the Center for Universal Self-Awareness, i~168 West ]ln~oln Avenue, Anah~im, a<~'ised that the Center is located at 670 Pamela La~,~, Pomona, California. lie larified that although his organization has been authorized to play Bingo fo~ a "building fund", they are not actually building but are in escrow for ~ 10-a~re property. He advised that he is in favor of the proposed new amendment to the Bingo ordinance, except for the limitation on the number of days Bingo could be played. He requested that Council consider continuing decision another 60 days to allow the operators to set up their own policing procedures. 79-246 City Hall~ Anaheim, California - COUNCIL MINUTES - February 27~ 1979~ 1:30 P.M. Dr. Vulkowitz indicated that some violations of the current Bingo rules and regulations were discovered in his bookkeeping practices, but that none of the funds were spent except for the purposes designated on their license. They informed the auditor these infractions would be corrected and they were. He concluded that although the City has told the Bingo operators they have been put to a tremendous expense, no specific complaints are forthcoming. He stated that it was never intended that monitoring of Bingo should cost the City any money, and if the 60-day extension period were granted, the operators would formulate an Association, and would set forth at that time what the Association could enforce. He voiced the opinion that whenever a group is not abiding by the regulations of the Bingo ordinance, then their license should be pulled. In response to Council questions, Dr. Vulkowitz advised that they do not play Bingo in any other City, and the only location of the church itself is in Pomona and was established there in 1974. (Dr. Vulkowitz had also submitted to the Council a large number of petitions which he indicated were signed by the people who patronized his Bingo games.) Regarding the petitions submitted, Mayor Seymour comented that quickly reviewing same, it appears that an approximate 80% of the people who signed are not residents of the City of Anaheim. He added that he has been monitoring the numbers of telephone calls and mail he has received and is astounded at the large percentage A of people who desire to see Bingo continue as it is, in Anaheim, but who are not residents of this City. Mr. Lamar Janson, 1461Densmore Street, Pomona related his experiences working with individuals suffering from alcoholism and their inability to receive treatment for medical problems through the regular health care delivery system. His work has led him to the "13th Street Detoxification Center" which makes health services available to those with alcohol and drug problems, and this center is made possible by funds derived from Bingo. He stated that he recognized the Police problems generated in the community from Bingo, but felt that Council should consider as well that without the services provided by the various organizations with funds derived from Bingo, in the long run, more money would be spent. Mr. Larry Anderson, Attorney representing Colonial Manor Halfway House, submitted a large number of affidavits signed by patrons of the VFW Bingo and the Colonial Manor Halfway House Bingo in support of the Bingo operations as currently conducted. He also submitted a written statement by Jesse Baker, Bingo Manager for the Velvet Knights. Mr. Anderson pointed out that one of the things which has so far been ignored in this discussion is the fact that if there is a reduction in the amount of play, there will be a concurrent reduction in income and services provided by these charities. Further, he contended that the information presented by the City Manager's Office in support of their position is not specific, but is rather a summation of problems which have occurred during the operation of Bingo. These, in his opinion, are primarily unsupported accusations. He reported that there is a bill pending in Sacramento which would allow a City to levee a 1% tax on the .... gross proceeds of Bingo; this 1% to be used by the cities for the administration of Bingo. 79-247 City Hal!, Anaheim,. California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Mr. Anderson pointed out that in the information submitted by the City Manager's Office to the Council, all of the figures given are gross receipt figures, and that the net realized by the organizations is a function of their operating costs and the prizes awarded. He stated that Colonial Manor would have no objection to the auditing requirement supported by the proceeds from the operation of Bingo. He reiterated that Colonial Manor operates over 200 detoxification beds and by State standards this cost $45 per bed which would amount to over a million dollars a year; so that although Colonial Manor raises a great deal of money, they also spend a great deal in the program. Mr. Anderson described his efforts to organize a Bingo operators Association during the interim period between the last amendments to'the Bingo ordinance (September 19, 1978) and this date, and explained that they were to the point of adopting articles of incorporation. They conducted four meetings trying to form this Association and the problems stem from the fact that it was proposed to be a voluntary-type of association. Mr. Anderson voiced the opinion that a mandatory association, which would subject each and every one to the same set of standards, including basic accounting concepts, is the vehicle for controlling problems in Bingo operations. Mayor Seymour asked if anyone wished to address the Council in favor of the proposed changes to the Bingo ordinance and there being no response, he declared the public discussion closed. In response to Councilman Roth, Lieutenant Wilcox corroborated the fact that Anaheim is the only city in Orange County which allows each organization to play Bingo up to five days per week. Discussion ensued during which Mayor Seymour attempted to obtain some information as to the breakdown of each dollar received from Bingo and to the percentage going to charity, versus that which is used for expenses and prizes, and during which it was ascertained that the Police Department has not been able to follow up on any of the complaints received because they are received after the fact and because the individuals making the complaints fail to give their names for fear of retal- iation. Mayor Seymour stated that he is disappointed the Association of Bingo Operators has not materialized over the past few months as it was originally intended when the 90-day continuance for the amendments to the Bingo ordinance was granted. He noted that with the Bingo operations being in the magnitude of $7~ million, as projected, if there is skimming going on, or if there are people working at the Bingo games being paid, it is imperative that these kinds of activities come to an immediate and permanent halt. He additionally cautioned that if the operators and City staff are not able to come up with some meaningful regulations, he, for one, will have to support the recommendation of the Police Department. He agreed that the charitable organizations are doing a fine job, but in his opinion that is not grounds for permitting illegal acts in the City. He therefore concluded that he would support the request for a 60-day continuance, but only with a clear under- standing that some tight enforceable regulations be developed, and that the cost of administering same be taken off of the backs of the taxpayers. Furthermore he advised that he would not support any further continuances. 79-248 City }lall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1979~ 1:30 P.M. MOTION: Councilman Seymour thereupon moved that decision of the proposed amendmer to Section 7.34 of the Anaheim Municipal Code relating to Bingo games be continued for a period of 60 days, during which the City staff is directed to work with the Bingo organizations to develop regulations controlling Bingo activities with the costs for same not to be carried by the Anaheim taxpayers. Councilman Overholt seconded the motion. Councilman Kott stated that he shares the Mayor's feelings on this issue and further felt that if the City Council is concerned about Bingo, rather than amend the ordinance to allow Bingo only one day per week, Bingo should be dis- continued altogether in the City. He strongly urged that the organizations cooperate to form some regulations preferably calling for an audit performed by an outside objective party. Councilman Roth stated that he believed the Anaheim Police Department was also waiting during the past 90-day period for the Bingo associations to come in with suggestions and that he now would urge that the Police Department actively pursue the law so that, with particular reference to the 16 items listed by the Police Department which could be happening in Anaheim, when the period is up, the Council might have some facts with which to deal. He remarked that he is deeply concerned that Anaheim is the only city of 26 cities in Orange County which allows Bingo 5 days per week. Councilwoman Kaywood commented that of the affidavits and petitions handed in ~ and the mail and telephone calls received by the City Council on this issue, a tremendous number of these are coming from people who live outside of Anaheim, Orange County and even the State, which presents a problem she had not even thought of previously. She reminded Council Members that they are here to represent the citizens of the City of Anaheim. She felt that the City's image, together with Disneyland, of a family-type community is jeopardized by something of this nature. Councilman Overholt noted some of the affidavits submitted seemed to express an attitude that Bingo was none of the business of City government. He stressed that any industry which grosses $7½ million, which is operating under a permit according to City Ordinances and administered under City Law, has to be the City's business. Furthermore, it is the City's business to see that the Bingo industry remains within the bounds of the law as contemplated by the people when they voted to allow Bingo in Calfornia. A vote was taken on the foregoing motion. MOTION CARRIED. RECESS: By general consent, the Council recessed. (4:25 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (4:45 P.M.) 176: PUBLIC HEARING - ABANDONMENT NO. 78-12A: In accordance with application filed by the City Public Works Department, public hearing was held on proposed abandonment of exising public alleys located between Lincoln Avenue and Broadway Street and Anaheim Boulevard and Philadelphia Street, pursuant to Resolution No. 79R-77 duly published in the Anaheim Bulletin and notices thereof posted in accordance with the law. 79-249 Ci~ Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Report of the City Engineer and recommendation from the Planning Commission were submitted recommending unconditional approval of said abandonment. Mayor Seymour asked if anyone wished to address the Council; there being no response he declared the hearing closed. In response to Council questions, it was noted that all property owners had been informed and no correspondence has been received regarding the proposed abandonment and further that these alleys are located in the area of the Civic Center construc- tion. Environmental Impact Report - Categorical Exemption: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirement for an environmental impact report and is therefore categorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 79R-113 for adoption approving Abandonment No. 78-12A. Refer to Resolution Book. RESOLUTION NO. 79R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF CERTAIN PUBLIC ALLEYS IN THE BLOCK BOUNDED BY ANAHEIM BOULEVARD, LINCOLN AVENUE, PHILADELPHIA STREET AND BROADWAY. (78-12A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-113 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 78-15A: In accordance with application filed by the Anaheim Redevelopment Agency, public hearing was held on the proposed abandonment of public alleys located between Lincoln Avenue and Chartres Street and Helena Street and Harbor Boulevard, pursuant to Resolution No. 79R-79, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer and recommendation from the City Planning Commission were submitted recommending unconditional approval. Mayor Seymour asked if anyone wished to address the Council; there being no response he declared the hearing closed. The City Clerk called the Council's attention to correspondence received from Dr. Richard Garabedian, 118 North Harbor Boulevard, and City Attorney Hopkins explained that it is recommended an additional condition be added to this aban- donment to provide that said alleys be abandoned at such time as all private property uses adjacent to the alleys have been relocated, which should relieve Dr. Garabedian's concern. 79-250 City Hall.~ Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Environmental Impact Report - Categorical Exemption: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim Guidelines to the requirement from an Environmental Impact Report and is therefore categorically exempt from the requirement to prepare an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 79R-114 approving Abandonment No. 78-15A subject to the condition that said alleys be abandoned at such time as all private property uses adjacent to said alleys have been relocated. Refer to Resolution Book. RESOLUTION NO. 79R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT CERTAIN PUBLIC ALLEYS SHOULD BE ABANDONED AND ESTABLISHING CONDITIONS PRECEDENT TO SAID ABANDONMENT. (78-15A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The M~yor declared Resolution No. 79R-114 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 78-14A: In accordance with application file by Albert F. Shamash, public hearing was held on the proposed abandonment of an existing public utility easement located in Vermont Avenue between West Street and the Santa Ana Freeway, north of Ball Road, pursuant to Resolution No. 79R-78, duly published in the Anaheim Bulletin and notices thereof posted in accordance with la~ Report of the City Engineer and recommendations from the City Planning Commission were submitted recommending approval, subject to the following conditions: (1) abandon ground and air rights along the southerly 13 feet, and (2) abandon air rights only above 20 feet from grade along the northerly 5 feet of the southerly 18 feet. Mayor Seymour asked if anyone wished to address the Council; there being no response he declared the hearing closed. Environmental Impact Report - Categorical Exemption: On motion by Councilman Roth 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 5, 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. MOTION CARRIED. Councilman Roth offered Resolution No. 79R-115 approving Abandonment No. 78-14A, subject to the conditions recommended by the Planning Commission. Refer to Resolution Book. 79-251 City Hall~ Anaheim~ California - COUNCIL MINUTES - February 27~ 1979~ 1:30 P.M. RESOLUTION NO. 79R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A CERTAIN PUBLIC SERVICE EASEMENT. (78-14A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-115 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 78-18A: In accordance with application filed by Mr. Paul Plotken, public hearing was held on the proposed anbandonment of a portion of an existing public utility easement located 350 feet north of Crescent Avenue, from 605 feet to 275 feet east of Euclid Street, pursuant to Resolution No. 79R-80, duly published in the Anaheim Bulletin and notices thereof posted in acordance with law. Report of the City Engineer and recommendation from the City Planning Commission were submitted recommending that Abandonment No. 78-18A be unconditionally approved. Mayor Seymour asked if anyone wished to address the Council; there being no response he declared the hearing closed. Environmental IMpact Report - Catesorical 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 5, 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 EIRo MOTION CARRIED. Councilman Seymour offered Resolution No. 79R-116 for adoption approving Abandonment No. 78-18A. Refer to Resolution Book. RESOLUTION NO. 79R-11~: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONblENT OF A CERTAIN PUBLIC SERVICE EASEMENT. (78-18A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-116 duly passed and adopted. 123: PRICE WATERHOUSE AND COMPANY AGREEMENT - FINANCIAL AUDIT: Recommendation of the Audit Selection Committee that the City Council authorize an agreement with Price Waterhouse and Company to perform a financial audit for the fiscal year ending June 30, 1979, was submitted. 79-252 City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979, 1:30 P.M. Councilman Kott offered Resolution No. 79R-117 for adoption. Refer to Resolutio~ Book. RESOLUTION NO. 79R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH PRICE WATERHOUSE & COMPANY TO PERFORM A FINANCIAL AUDIT AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. Roll Call Vote: AYES: COUNCIL MEbIBERS: Overholt, Kaywood, Kott, Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M~BERS: None and Seymour The Mayor declared R('solution No. 79R-117 duly passed and adopted. 105/155: REQUEST OF COMMUNITY REDEVELOPMENT COMMISSION - ZONING STUDY OF CANYOM INDUSTRIAL AREA: Susan Schick, Redevelopment Manager, reported that the Community Redevelopment Commission has a real concern for the possibility of non-industrial uses proliferating in the Canyon Industrial Area Project. Because of the Redevelopment Agency's involvement in the Canyon Industrial Area, it is believed that an analysis could be done as to the extent of non-industrial uses and the reasons for these, as well as including some recommmendations. She noted howevers_, that prior to embarking on such a study, that one of the primary means of control would be more zoning enforcement people in the area, and therefore, the Commissio would like to have the Council's sense of the possibility of additional zoning enforcement. During Council discussion of the matter, Mayor Seymour pointed out that although he could not give the Commission assurance of an open checkbook, if they would accept on good faith that the City Council would provide whatever they could in the area of code enforcement, they would be likely to receive that. In response to Coun~ilman Rot:h, Community Redevelopment Commissioner Ben Bay described in more d~tai], that there are commercial operations in buildings which have been built and zoned for industrial uses and that this is illegal. He related that the Commission is s~ious when they say that if this is allowed to continue and gain in scope and by percentage of use, they fear that land, which should be under Jndustr[~l development now, will be held back for commercial uses. He related some sp~:i~i~ exa~i~ples of businesses which went in with ware- house operations and arw now d~voted mostly to retail sales. In response to Councilman Roth's c'o~ern as to how it is proposed to go about this zoning enforcement, Ms. Schick suggested that they develop a request for proposals, analyzing steps which a consultant would take, and bring this back to the Council for approval. _MOTION: Councilman Roth responded that he felt there is sufficient expertise between the Planning Commission and staff members to perform this study in-house. Councilman Roth thereupon moved that the City Council indicate they concur with 79-253 City Hall,,~ Anaheim, California - COUNCIL MINUTES - February 27~ ,!979; 1:30 P.M. the request for a zoning study of the Canyon Industrial Area, and further they request a study proposal and implementation program to be carried out by in- house staff be prepared and presented for approval. Councilman Overholt seconded the motion. MOTION CARRIED. RECLASSIFICATION NO. 73-74-4 AND CONDITIONAL USE PERMIT NO. 1410 - EXTENSION OF TIME: Request of Michael B. McCallister, Garden Park General Hospital, for a retroactive extension of time to Reclassification No. 73-74-4 and Conditional Use Permit No. 1410, to permit expansion of an existing hospital on C-O zoned property located 950 South Gilbert Street, was submitted, together with a report from the Zoning Division recommending that an extension of time, retroactive to August 7, 1977, expiring August 7, 1979, be granted. Councilman Kott moved that said extension of time be granted as recommended. The motion was seconded by Councilman Roth. Discussion ensued during which Councilman Kott noted that it is his understanding that Garden Park General Hospital intends to combine with West Anaheim Hospital and if this is true, then he did not see why they would have need for the requested extension of time. He also noted that subject reclassification has been pending finalization for 6 years now, and it serves no useful purpose to continue to grant these extensions. He suggested, if Council approves this, it be the final extension. Following discussion, Councilman Kott withdrew his motion approving the extension of time and moved that subject request for extension of time be continued one week for further information. Councilman Roth seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Kott, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's insurance carrier or the self-insurance administrator: a. Claim submitted by Mrs. Annette Angel for vehicle damages purportedly sustained as a result of parkway tree falling, on or about January 2, 1979. b. Claim submitted by Brian Lee Leas, by his guardian and mother Dian Leas Blomgun, for damages purportedly sustained as a result of actions by Anaheim Police on or about October 27, 1978. c. Claim submitted by Theresa Perales for personal injuries and damages purportedly sustained as a result of actions by Anaheim Police on or about December 9, 1978. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Before the Civil Aeronautics Board, Frontier Airlines, Inc., Docket No. 34664, for exemption authority to operate Orange County, California-Las Vegas, Nevada nonstop flights until 90 days after a final decision in the California- Nevada Low-Fare Route Proceeding, Docket 31574. 79-254 City Hall~ An.aheim~ California - COUNCIL MINUTES - February 27~ 1979~ 1:30 P.M. b. 105: c. 105: d. 105: Golf Course Advisory Committee - Minutes of January 25, 1979. Community Redevelopment Commission - Minutes of February 7 and 14, 1979. Youth Commission - Minutes of February 14, 1979. MOTION CP~RRIED. 158: DEEDS OF EASEMENT: Councilman R~tt offered Resolution No. 79R-118 for adoption. Refer to Resolution Book. 158: RESOLUTION NO. 79R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Chapman and Tustin Associates, R/W 2514-1,2,3; Mini-Schools, Limited; Ebrahim Talebi, et ux.; Orange County Water District) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Resolution No. 79R-118 duly passed and adopted. ORDINANCE NO 3979: Councilwoman Kaywood offered Ordinance No. 3979 for adoption. Refer to Ordinance Book. ORDINANCE NO. 3979: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIP;kL CODE RELATING TO ZONING. (65-66-24(21)ML) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour None None The Mayor declared Ordinance No. 3979 duly passed and adopted. 124: ORDINANCE NO. 3980: Councilman Seymour offered Ordinance No 3980 for first reading. · ORDINANCE NO. 3980: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (A) APPROVING A SECOND AMENDMENT TO COMMUNITY CENTER FACILITY LEASE DATED FOR CONVENIENCE AS OF APRIL 1, 1979 BETWEEN THE CITY OF ANAHEIM AND THE COMMUNITY CENTER AUTHORITY, (B) APPROVING A SECOND AMENDMENT TO SITE LEASE DATED FOR CONVENIENCE AS OF APRIL 1, 1979 BETWEEN THE CITY OF ANAHEIM AND THE COMMUNITY CENTER AUTHORITY, AND (C) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID SECOND AMENDMENT TO COMMUNITY CENTER FACILITY LEASE AND SAID SECOND AMENDMENT TO SITE LEASE. 79-255 City Hall, Anaheim, California - COUNCIL MINUTES - February 27~ 1979, 1:30 P.M. 114: PERMISSION TO LEAVE THE STATE: Councilman Overholt requested permission to leave the State for 90 days to attend the National League of Cities Conference, March 4 through 8, 1979 in Washington, D.C., as the City's representative. On motion by Councilman Seymour, seconded by Councilman Roth, Councilman Overholt was granted permission to leave the State as requested. MOTION CARRIED. 114: LIAISON COMMITTEE REPORT: Councilman Roth reported on the Liaison Committee meeting with Redevelopment Staff and Community Redevelopment Commission Representa- tives in which he received an excellent briefing on the status of Project Alpha. He advised that a brochure is to be prepared which will be mailed to the public to advise them of the Project Alpha activities. 156: COMPLAINT LETTER: Councilman Kott requested a response from the Police Chief to a complaint received from a lady in Barstow, California, said complaint letter was given to the Police Chief. 114: SISTER CITY COMMITTEE: Mayor Seymour recalled that the Sister City Committee, in June 1978, had received authorization from the City Council for $1900 to assist in the funding of activities for the visiting delegation from Mito, Japan, with the understanding that the Committee would raise as much of this money as possible. He reported on the request now of the Sister City Committee that the sum of $1,045.29, outstanding from the year 1978, be absorbed by the Council against this $1,900 originally authorized. He added that the Committee had raised and forwarded a check to the City in the amount of $950. MOTION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council accepted a check for $950 from the Sister City Committee and further authorized payment of $1,045.29 from the Council Contingency Fund for outstanding 1978 Sister City expenses. MOTION CARRIED. 131: NEOCCS PRESENTATION REGARDING SERRANO AVENUE EXTENSION: Mayor Seymour reported that Councilman Roth and he would serve as the Committee to address the Board of Supervisors on the NEOCCS presentation to assure that Serrano Avenue extension is included. This proposal was acceptable to the Council. RECESS - EXECUTIVE SESSION: By general consent, the Council recessed into Executive Session. (5:20 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:59 P.M.) 112: AUTHORIZATION TO SETTLE PENDING LITIGATION - NICHOLAS PROPERTY: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council authorized Special Counsel, Oliver Stover and Laskin, to settle the pending litigation in- volving acquisition of Fairmont Boulevard right of way through the Nicholas property for an overall, all-inclusive sum of $45,000. MOTION CARRIED. 79-256 City Hall, Anaheim, California - COUNCIL MINUTES - February 27, 1979~ 1:30 P.M. 112: AUTHORIZATION - LIQUIDATED DAMAGES CLAIM, JAMES P. REID BUILDING COMPANY: On motion by Councilman Seymour, seconded by Councilman Kott, the City Council authorized the City Attorney to settle the City's liquidated damages claim in the matter involving James P. Reid Building Company (Work Order No. 1055) for the sum of $5,000. MOTION CARRIED. ADJOURNMENT: Councilman Kott moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. Adjourned: 6:00 P.M.