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1979/07/1079-759 ~ity Hall, Anaheim, California - COUNCIL MINUTES - July 10, 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 PUBLIC WORKS EXECUTIVE DIRECTOR: Thornton E. Piersall STADIUM, CONVENTION CENTER & GOLF COURSE DIRECTOR: Tom Liegler POLICE DEPARTMENT: Detective Jim Watkins Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Michael Landreth, Canyon Presbyterian Church, gave the Invocation. FLAG SALUTE: Councilman Ben Bay led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONDOLENCE: A resolution of condolence was adopted by the City Council on the passing of Mr. ,James L. Morris, Chairman of the Community Redevelopment Commission. MINUTES: On motion by Councilwoman Kawyood, seconded by Councilman Roth, the minutes of the regular meeting of February 13, 1979, were approved, subject to typographical corrections. 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 Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY: There were no warrants reported for this period. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 79R-396 through 79R-399, both inclusive, for adoption as recommended. Refer to Resolution Book. 150: RESOLUTION NO. 79R-396: 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 WATEk, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: PERALTA CANYON PARK LIGHTING PHASE II, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-205-7103-000. (Allen Electrical Company, $159,000) 79-760 City Hal~ Ana~eiM~ California - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. 164: RESOLUTION NO. 79R-397: 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: HILLVIEW SERVICE REPLACEMENT, IN THE CItY OF ANAHEIM, ACCOUNT NO. 51-605-6329-20980-34520. (Anderson and Sons, $8,316) 104: RESOLUTION NO. 79R-398: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING ASSESSMENT DISTRICT 1977-1 FOR THE FIRST CONTRACT YEAR, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR THE ENSUING CONTRACT YEAR (Tract No. 1404). 104: RESOLUTION NO. 79R-399: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING AN ASSESSMENT ON EACH LOT AND PARCEL OF LAND CONTAINED IN STREET LIGHTING MAINTENANCE DISTRICT 1972-1-B FOR THE CONTRACT YEAR JULY 1, 1979 TO JUNE 30, 1980, FOR THE AMOUNT ESTIMATED TO BE NECESSARY TO IMPROVE THE STREET LIGHTING SYSTEM FOR SUCH ENSUING CONTRACT YEAR. (Tract No. 1959) 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-396 through 79R-399, both inclusive, duly passed and adopted. ~ 123: RAMP METERING STUDY OF THE RIVERSIDE FREEWAY (ROUTE 91): Executive Director of Public Works, Thornton Piersall clarified questions posed by Councilman Roth relative to the subject. Councilwoman Kaywood offered Resolution No. 79R-400 for adoption as recommended in memorandum dated July 3, 1979 from the City Engineer approving an agreement with Herman Kimmel and Associates in an amount not to exceed $6,000 for a ramp metering study of the Riverside Freeway. Refer to Resolution Book. RESOLUTION NO. 79R-400: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH HERMAN KIMMEL AND ASSOCI- ATES FOR PROFESSIONAL SERVICES IN CONNECTION WITH A TRAFFIC STUDY OF THE RIVER- SIDE FREEWAY, 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-400 duly passed and adopted. 79-761 City Hall~ .A~. aheim~ California - COUNCIL MINUTES - July 10p 1979~ 1:30 P.M. 123/115: NEW TELEPHONE SYSTEM FOR THE CITY: Proposed acceptance of the bid submitted by Northern Telecom in the amount of $996,061 for the purchase and installation of a new phone system for the City and a proposed agreement with COM Consultants in the amount of $12,000 for assistance in implementing the proposed system, were submitted. City Manager William Talley explained that under the date of July 10, 1979 at 12:45 P.M., ]Pacific Telephone Company delivered to Council a request wherein they made certain observations, which staff would be pleased to comment on later, if appropriate. The City Clerk also advised that a Mr. Gordon McClusky, Derrick Gardner and Lou Malouf requested an opportunity to speak on the subject. Mr. Talley advised they received formal bids on June 7, 1979, analyzed them and presented the Council with an evaluation of the cost. Mr. Roche and Mr. Piersall concurred in the recommendation that the City secure the new equip- ment in order that it be installed in time for the move into the new Civic Center in the Spring of 1980. Mr. Gordon McClusky, Pacific Telephone Company, 500 South Main Street, Orange (resident 9082 Rosanna Avenue, Garden Grove), asked if he could read his prepared statement to the Council, letter dated July 10, 1979 (on file in the City Clerk's office). Mayor Seymour stated they had received his communication, and it would become a part of the record, and thus they could make better and more efficient use of the time if Mr. McClusky would go right to the question raised. Mr. McClusky then proceeded and stated they had met with staff and City Manager Talley to discuss their findings, and their questions centered around three main items. The first related to the financial aspect of the ownership by the City of Anaheim by becoming a communications company. They believed that in analyzing the costs they had available, that there were many factors not con- sidered. They met with staff to get some concurrence that those factors should have been considered, and, in most cases, not only did staff say they had not considered them, but felt it was not appropriate. Pacific Telephone felt it was appropriate and with the amount of money that was in issue, they wanted a delay of two weeks while they analyzed the figures to see if they could come up with factors that would be acceptable to both the City of Anaheim, the Consultant, and Pacific Telephone. Councilman Roth asked if all the questions contained in his letter of July 10, 1979 were reviewed by staff and if he had received replies to those questions. Mr. McClusky replied that they met with staff, and they did not get past the first five questions which dealt primarily with the aspect of the financial analysis. They did not get through all of the questions because it was late yesterday afternoon when they finished. They agreed to try to use the factors given them, as well as to confirm some additional factors. 79-762 City Hall~ Anaheim, California - COUNCIL MINUTES - July 10~ 1979~ 1:30 P.M. Although they could have started at 8:00 this morning and worked until 1:00 this afternoon, as suggested by Councilman Roth, they were in their own office working on the matter trying to supply the figures requested. He did not think they had developed anything that would be meaningful due to the complexity of the responses. They did not challenge in any way the vendor that had been rec- ommended, but believed there were factors where they could not get concurrence from staff and which they did not have time to discover on their own that would warrant additional analysis. It would not cost the City any money for a delay of two weeks, and it could do two things, (1) either prove beyond a doubt in their view that the City was making a wise decision, or (2) that there was still some question. Councilman Roth suggested a one-week continuance; Mr. McClusky stated if that was all the Council would allow, that would be acceptable. Councilman Roth expressed his concern relative to giving answers to some of the questions and felt that they should get to the bottom of the matter. They should be completely satisfied that they were doing the right thing. On the other hand, there was a schedule that had to be. met and the time element needed to be considered to make certain that when they opened the door of the new City Hall, a telephone system would be in place. He was supportive of a one- week delay. Councilman Bay asked Mr. McClusky if the questions posed in the July 10th letter were asked at the beginning of the proposal. Mr. McClusky stated they were not really answered because they were responding to a specific bid by the consultant. They had no idea what would be involved until after the bids had been received, analyzed and available to the Pacific Telephone Company. In answer to a line of questioning by Councilman 0verholt, Mr. McClusky reported that they met for the first time with staff yesterday, Mr. Roche, the consultant and with Jim Armstrong who came to the meeting from the City Manager's staff for a portion of the meeting. They also met with Mr. Talley for the first time yes- terday morning to relay their concerns and the fact that they had worked over the weekend on the matter. That was the reason for the late arrival to his office to discuss what factors they thought should be considered. They did feel they did not have sufficient time to go through all the factors, but over and above that, staff, as of yesterday, said that they did not believe some of the factors were relevant, and they would not consider them. That was why Pacific Telephone felt they should be allowed some period of time to either substantiate the claim that they should be relevant. If they could not do so and the cost analysis would stand, then the City would be wise to move ahead in the owner- ship of the communications system. He reiterated at this late date, a little further delay was not out of order to substantiate those factors they believed should be considered. City Manager Talley wanted to know if they were requesting a week's delay in order to pose more questions, or what was the reasoning behind the requested delay. 79-763 City Hall,.. An. aheim~ California - COUNCIL MINUTES - July 10~ 1979, 1:30 P.M. Mr. McClusky answered that without cooperation or input from the City, he did not believe it was possible to answer all of their questions. Thus, it would be a mutual endeavor between his (Talley) staff, members of the City, and the Telephone Company. Mr. Talley stated that many of the questions were extremely frivolous as evidenced by two of the questions which he related to clarify his point. They would work with Pacific Telephone, but he reiterated a number of the questions were frivolous. Mr. McClusky agreed with Mr. Talley that some of the questions had been answered, but they would delete the questions for which they already had answers. The Mayor stated he assumed the other two gentlemen who wished to be heard were supportive of what Mr. McClusky was saying. The two gentlemen in the Chamber audience indicated that they were not suppor- tive, but were representatives of Northern Telecom. The Mayor sensed that there was a feeling from the Council that a one-week delay would not hurt anybody, but he reminded Mr. McClusky they were working within a time frame. It was not a new program and he recalled discussing the general concept with executives from Pacific Telephone six to nine months ago. Thus, it was no rush matter and yet Pacific Telephone's five pages of questions seemed to have urgency written all over them. He did not feel that sense of urgency. No harm would come from a one week's delay, and he considered it propitious that they allow that week. He was certain that the staff and Mr. Talley would work with Mr. McClusky during the next week, but the Council was going to make a decision. Councilman Overholt referred to the third question posed on the first sheet attached to Pacific Telephone's letter of July 10, 1979, "Why are there con- siderable differences between the figures given to us by the Finance Director to use in cost analysis and those used in the recommendation?" He wanted to know if there was a difference in those figures. Mr. McClusky answered "yes" as they understood them, and that was an area they felt warranted additional study. They were given figures for the cost of insurance by the Finance Director at $2 per thousand on a telephone system that would be owned by the City. The quote to them was $10 per thousand and the consultant's recommendation was $2 per thousand. They wanted to know where the consultant obtained his figures, and they attempted yesterday to call the Finance Director's office while they were in the meeting with staff, and he was not certain that the question was resolved. Another question related to the cost of financing. They had it on good authority that there had been an inquiry to the Bank of America if they would loan money at that particular rate by telephone and they indicated they would. If they were going to commit in writing, that would be fine, and it would be a good interest rate for the City. Their questions along those lines were only to satisfy themselves that all alternatives had been totally explored, and that the City had not been promised something, or that something had been alluded to, that would not come to pass. 79-764 City Hall~ Anaheim, q~lifornia - COUNCIL MINUTES - July 10~ 1979~ 1:30 P.M. Mr. Talley countered that was a good example of what City staff had been going through. The consultant, who was present to testify, called the Bank of America and obtained confirmed figures to use in his analysis on how much a five-year lease would be for $996,000 worth of equipment, just as with the Stadium score- board or any other item. As well, the consultant was using $2 a thousand on liability insurance and that was supplied to everyone. He did not know if any- one said $10 or not. Today, the City was paying $10 a thousand for it. If they wished, they could entirely re-evaluate the consultant's analysis. Al- though Mr. McClusky should be provided with answers, the Telephone Company's suggestion in the last paragraph of their July 10th letter to set up a committee excluded everyone who had anything to do with main- taining the equipment, or the management of the City. They would get together with Pacific Telephone, but if they did so, he wanted some very clear direction from the Council. Mayor Seymour stated that obviously if the Council were to choose to go to private equipment, Pacific Telephone would not applaud that act, because of the large amount of income they would be giving up per year. On the other hand, Pacific Telephone raised some questions which he sensed Councilmen Roth and Bay would like to have answers to without formalization of a committee. Propriety would indicate, however, that when making a million dollar decision, a weeks delay would not be detrimental. · Councilman Roth stated he hoped the City Manager would direct the consultant to work and cooperate with Mr. McClusky. Councilwoman Kaywood stated she was extremely disturbed about the situation because the Council had discussed the matter for well over two years as to what they would be doing for the new Civic Center on telephone service. From her point of view, they received no service or action from Pacific Telephone until there was a possibility of losing the account. She received a phone call less than two hours ago from somebody on the staff at Pacific Telephone who wanted to meet with her prior to the meeting. She believed that to be disgraceful and told the caller she would not meet with anyone individually and that she did not want to hear anything that the whole Council would not hear all at once. To her, it was a matter of too little, too late, and she questioned where Pacific Telephone was when the City had legitimate complaints and concerns regarding poor service and nothing happened to correct them. One of their questions asked was what the cost would be to the City to replace the system after its useful life and also the cost to Pacific Telephone. She stated theirs was a lease, and it had no value to the City at expiration. The questions were not worth answering in her opinion. MOTION: Councilman Seymour moved to continue the matter one week and in the interim, staff, consultant and a representative from Pacific Telephone would meet to answer questions posed by Pacific Telephone. Councilman Roth seconded the motion. Before a vote was taken, Mr. Talley stated if the motion passed, he would request that the Pacific Telephone representative remain to meet with Mr. Bushor, the consultant, Mr. Roche and Mr. Piersall who were all present and available to work past 5:00 P.M. They could start immediately to answer the questions and work right through them. 79-765 Cit.y Hall~ Ana~e.i~ California - COUNCIL MINUTES - July 10~ 1979~ 1:30 P.M. Councilman Bay in looking at the various bids on the whole contract had a question relative to maintenance. The Iow bid on maintenance was $28,920 a year and the other bids for maintenance were for $40,000 a year and $54,000 a year prorated against 5% state of the art. He wanted to know how a company could provide the maintenance required at the much lower price a year than the average across the other bids. He wanted more information on that, as well, when they discussed the matter next week. Mr. McClusky stated that relative to adjourning at this time and being prepared to sit down with staff, some of the issues were discussed yesterday. What they needed to do in-house was to get some of the questions solidified so that City staff could answer. If Mr. Talley agreed, he would like to meet with whoever he appointed, starting tomorrow morning, and they would attempt to have a nucleus of questions for staff to review. Mr. Talley answered he would agree if he had to, otherwise he was going to take the July 10th letter, which he received two hours ago, and ask them to start with that. He wanted to know exactly what they wanted. Additional discussion and questioning followed between Mr. Talley and Mr. McClusky; Mayor Seymour interjected and recommended that staff meet with Mr. McClusky now, excluding Mr. Talley because he was going to remain at the Council meeting. They could answer whatever questions that could be answered this afternoon and those on which Pacific Telephone had to get additional information could be discussed at 8:30 in the morning, and he was certain that staff would be ready. Councilwoman Kaywood asked Mr. Talley how a one week's delay would affect the system installation; Mr. Talley answered that the wait would not affect anything. Councilwoman Kaywood then asked if it would be advisable to then have a two weeks' delay; Mr. Talley answered if it was advisable, they could come back with that recommendation next week, but they would do everything to expedite matters. Councilwoman Kaywood stated her personal feeling was that it was a delaying tactic. A vote was than taken on the foregoing motion for a one-week continuance. Councilwoman Kaywood abstained. MOTION CARRIED. A verbatim transcript taken from a tape recording of the foregoing proceedings is on file in the City Clerk's office. 103: LAKEVIEW-ORANGETHORPE NO. 5 ANNEXATION: Councilman Roth offered Resolution No. 79R-401 for adoption, as recommended in memorandum dated July 2, 1979 from the Planning Department, requesting LAFCO to commence proceedings on the proposed Lakeview-Orangethorpe No. 5 Annexation, 10.6041 acres located on the east side of Lakeview Avenue, south of Orangethorpe Avenue. Refer to Resolution Book. RESOLUTION NO. 79R-401: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS LAKEVIEW-ORANGETHORPE NO. 5 ANNEXATION. 79-766 City .Hal!, .Anaheim,. California - COUNCIL MINUTES - July 10, 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-401 duly passed and adopted. 156/123: TRAINING CONTRACTS BETWEEEN THE ANAHEIM POLICE DEPARTMENT AND CALIFORNIA HIGHWAY PATROL: Councilman Bay offered Resolution No. 79R-402 for adoption, as recommended in memorandum dated July 2, 1979 from Chief of Police George Tielsch, authorizing the City Manager to sign training agreements between the Anaheim Police Department and California Highway Patrol for the fiscal year 1979-80. Refer to Resolution Book. RESOLUTION NO. 79R-402: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF ANAHEIM TO EXECUTE TRAINING AGREEMENTS BETWEEN THE CITY OF ANAHEIMAND THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR THE FISCAL YEAR 1979-1980. Before a vote was taken, Councilman Roth asked that staff explore the possibility of having some of the Police Department's younger officers attend special training relative to high speed chases. City Manager Talley stated he would ask Lieutenant Gaston to convey that request to the Chief and subsequently submit a report on what could be done. 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-402 duly passed and adopted. 129: AWARD OF FY 1979-80 WEED ABATEMENT CONTRACT: Councilman Overholt offered Resolution No. 79R-403 for adoption, as recommended in memorandum dated June 25, 1979 from Fire Marshal Charles Kanenbley. Refer to Resolution Book. RESOLUTION NO. 79R-403: 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 LABOR AND EQUIPMENT TO CUT AND REMOVE ALL RANK GROWTH AND WEEDS AND REMOVE RUBBISH, REFUSE AND DIRT UPON ANY PARCEL OR PARCELS OF REAL PROPERTY OR ANY PUBLIC STREET IN THE CITY OF ANAHEIM, ACCOUNT NO. 01- 202-6320. 79-767 City Hall~ ...Ana~ei~, California - COUNCIL MINUTES - July 10, 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-403 duly passed and adopted. 124: ANAHEIM CONVENTION CENTER - REROOFING OF ARENA GUTTER AND ARCHES: (Account No. 64-308-7107-C9005 and 64-308-7107-C9009) On motion by Councilman Seymour, seconded by Councilman Roth, consideration of an award of contract on the subject reroofing was continued to July 24, 1979. MOTION CARRIED. 124: CALIFORNIA SURF INDOOOR SOCCER LEASE AGREEMENT: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the Stadium, Convention Center, Golf General Manager was authorized to execute a standard event agreement with the California Surf at a rental rate of Fifteen Hundred Dollars ($1,500) per game or ten percent (10%) of the gross admissions revenue, whichever was greater, as recommended in memorandum dated June 28, 1979 from the General Manager. MOTION CARRIED. 114/112: RULE OF PROCEDURE WITH REGARD TO ABSTENTIONS: City Attorney William P. Hopkins briefed the Council on his memorandum dated June 22, 1979 relative to the subject attached to which was a court case discussing the matter and also citing a recently approved ruling in the matter of abstentions. Councilman Bay offered Resolution No. 79R-404 for adoption as recommended in memorandum.dated June 22, 1979 from the City Attorney. Refer to Resolution Book. RESOLUTION NO. 79R-404: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A RULE OF PROCEDURE WITH REGARD TO ABSTENTIONS. Before a vote was taken, Councilwoman Kaywood questioned the fact that there could be an abstention because a Council Member disagreed with something, and if the motion was for approval, the abstention would then count as a concurrence. It would thus be the opposite of the intent. Mr. Hopkins stated that the court case attached to his memorandum discussed that situation to some degree, and there were others, the thinking being, if a Council Member disagreed with the motion, they would be obligated to vote against it. Councilman Overholt questioned if he wanted to abstain and then he made the motion in the negative, his abstention would be a positive vote for the negative; City Attorney Hopkins agreed. 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-404 duly passed and adopted. 79-768 City Hall~ .A~, ahei~ Californi~ - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. 105: APPOINTMENTS TO COMMISSIONS AND BOARDS: Mayor Seymour suggested waiting another week before acting on the subject of appointments even though Councilman Overholt had returned. However, there were some appointments that Council might want to act upon today, one being an appointment to the now vacant seat of Rudy Valenzuela. Later in the meeting, Councilman Bay pointed out that the vacant seat was that of Glenn Fry who had been appointed City Planning Commissioner. Mayor Seymour then nominated Dr. Robert Doty to fill the vacant seat of Glenn Fry for the term ending June 30, 1983. He then relayed Dr. Doty's background to the Council. Councilwoman Kaywood seconded the nomination. On motion by Councilman Overholt, seconded by Councilman Seymour, nominations for appointment to the Redevelopment Commission were closed. MOTION CARRIED. Dr. Robert Doty thereupon became the appointee to the Redevelopment Commission. The Mayor then referred to the Anaheim City Schood District's request to extend the term of Mr. Jerry Wood on the Park and Recreation Commission to November 30, 1979 and the Savanna School District's request to reappoint Mr. Gary Krieger to the Park and Recreation Commission for the term ending June 30, 1980. Councilwoman Kaywood moved to ratify the appointments of Mr. Wood and Mr. Krieger to the Park and Recreation Commission, as recommended by the respective School Districts. Councilman Overholt seconded the motion. MOTION CARRIED Councilman Bay moved to renominate Mr. James McAlvin and Mr. Robert Risteen for appointment to the Anaheim Economic Development Corporation (AEDC) for terms ending June 30, 1982. Councilman Overholt seconded the motion. MOTION CARRIED. Councilwoman Kaywood then noted that there was a vacancy on the Golf Course Advisory Commission due to the resignation of Nora Davis. Mayor Seymour asked if the seat had been advertised; the City Clerk, stated that since there were no term designations on this Commission, posting was not necessary, and it was just a matter of replacement. The Mayor asked that the vacant seat on the Golf Course Advisory Commission be included on the next week's agenda. Councilman Roth asked that the Golf Course Advisory Commission be asked if they had a recommendation to fill that seat. Mayor Seymour stated a question had been raised as well relative to HACMAC since the terms on that committee were expiring July 31, 1979. Councilman Roth stated there was a rumor that a number of HACMAC members did not want to be reappointed. Rather than making reappointments, which might be followed by resignations, he suggested that they ask which members wanted to continue to serve, and which members did not. 79-769 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. Mayor Seymour thereupon recommended that both the vacancy on the Golf Course Commission and the HACMAC appointments be continued for two weeks in order to receive input from the Commission and HACMAC. The City Clerk was directed to write a letter to the Chairman of HACMAC asking the names of those ~o wished to continue on that Committee. City Clerk Roberts then asked if the Council would consider at this time declaring Mr. James Morris' seat vacant on the Redevelopment Commission for posting purposes; the Council declared the seat vacant. 156: 12TH ANNUAL POLICE OLYMPICS - JULY 25-29~ 1979: Request by the Anaheim Police Officer's Association (APA) that the Council authorize the use of City business time for officers competing in the 12th annual Police Olympics, was submitted. Councilman Roth moved to approve the request for the use of City business time for officers competing in the 12th annual Police Olympics to be held July 25-29, 1979 in Alameda County. Councilman Seymour seconded the motion. Before a vote was taken, Detective James Watkins then assured the Council that this year they had worked all problems out with the Chief as far as the officers being available to compete. He then briefed the Council on his letter request dated June 28, 1979 which discussed the event in detail. Me concluded that rather than utilizing all of their vacation time, the officers would be competing on City business time. It had been awarded three years in the past until last year. Councilwoman Kaywood recalled that last year the request was not granted due to Proposition 13, among other things. She wanted to know what the City's liability would be in the event someone was hurt en route to or from the Olympics, as well as during the events. City Attorney Hopkins stated it was his opinion that the City would be liable for any injuries occurring, either going to or coming from the activities, as well as any injuries during participation. It would be covered by Workers' Compensation. Detective Watkins then clarified additional questions posed by Councilwoman Kaywood, as well as Councilmen Roth and Bay, at the conclusion of which Council- woman Kaywood again expressed her concern relative to the liability aspect. She was personally extremely proud of the Police Department and the medals captured at previous Olympics, but she did not see the taxpayers looking kindly on picking up the tab for any injuries that might occur. She would thus have to vote "no" on the request. Councilman Overholt stated his first vote on the subject was the previous year when, regrettably, he had to vote "no". However, he was pleased to vote "yes" on the proposal this year. He believed it to be a very important part of the whole Police environment which was an indication of the spirit of the officers who were participating, as well as being a morale builder, since it was a prestigious event. He was not concerned with the risk factor and suspected that there was a greater risk to the officers in their line of duty. 79-770 City Ha~l~ Anaheim, California - COUNCIL MINUTES .- July 10~ 1979~ 1:30 P.M. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no". MOTION CARRIED. Councilwoman Kaywood stated her opposition was not to the program or the officers' participation in it, but the liability to the City. 167: REQUEST FOR WAIVER OF TRAFFIC SIGNAL ASSESSMENT - METZLER'S INC. AND WORLD TRAVEL BUREAU: Councilwoman Kaywood moved to approve the request of Metzler's Inc. for waiver of the Traffic Signal Assessment fee in connection with their Redevelopment relocation at 831 South Harbor Boulevard and World Travel Bureau in connection with their relocation at 839-859 South Harbor Boulevard, as recommended by the City Engineer with the understanding that it was a one-time waiver. Councilman Roth seconded the motion. MOTION CARRIED. 173: REQUEST - PLAZA TRANSPORTATION COMPANY TO ADD TWO MORE STOPS TO T~ ANAHEIM PLAZA JITNEY SERVICE: On motion by Councilman Bay, seconded by Council- man Seymour, the request by Plaza Transportation Company in their letter of June 8, 1979, requesting to add two more stops to the Anaheim Plaza Jitney service route in Anaheim to include the Apollo Inn on West Street and the Park Vue Motel on Harbor Boulevard, was approved. MOTION CARRIED. 153: REQU~ - LOS AMIGOS OF ANAHEIM FOR EVENING MEETING ON AFFIRMATIVE ACTION PLAN: Councilwoman Kaywood commented that relative to the letter request from Los Amigos of Anaheim signed by Mr. Amin David, Mr. David was present at the previous week's meeting wherein it was pointed out that it was not even necessary to hold a public hearing regarding the Plan, and it was not legally required. Councilman Overholt stated although he was not present when Mr. David appeared before the Council, he too was concerned with scheduling an evening hearing unless there were compelling reasons to do so. It was an imposition on staff and such meetings tended to last all r~igh~. He was, therefore, opposed to the request. Mayor Seymour concurred and did not see the need for an evening meeting. However, he did not want to deprive Mr. David from presenting any questions or giving input. He thereupon requested the City Clerk to contact Mr. David and inform him that the Council was not desirous of holding an evening meeting, but would look forward to his input in person, or in writing, at the public hearing at 3:00 P.M. on July 31, 1979. 173: HELISTOP AT ANAHEIM MEMORIAL HOSPITAL AND NEGATIVE DECI,ARATION: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Roth, seconded by Councilman Overholt, the City Council finds that this project will have no significant effect on the environment and is, therefore, exempt from the requirement to prepare an Environmental Impact Report. MOTION CARRIED. On motion by Councilman Roth, seconded by Councilman Overholt, construction plans for the proposed helistop were approved, as recommended in memorandum dated June 21, 1979 from the Assistant Director for Zoning, Annika Santalahti. MOTION CARRIED. 79-771 Ci. ty H~i, An.ah~im,' California - COUNCIL MINUTES - July 10, 1979, 1:30 P.M. CONSENT CALENDAR ITEMS: On motion by Councilman Seymour, 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 Claims Administrator or denied and referred to staff: a. Claim submitted by Dennis Lee Minor for personal injury damages purportedly sustained as a result of actions by the Anaheim Police on or about March 10, 1979. b. Claim submitted by Lionel and Beatrice Ferreira for damages to pool deck and solar blanket purportedly sustained as a result of a transformer blowing, on or about June 12, 1979. c. Claim submitted by M. Ray Dorfman for damages purportedly sustained as a result of power at 5437 Willowick Circle being turned off in error on or about May 28, 1979. d. Claim submitted by Mark Webber for damages purportedly sustained as a result of electrical power surge and voltage drop on or about June 11, 1979. e. Claim submitted by Emelina, Rene Jr., Richard and Robert Hernandez, through their Guardian ad Litem, Emelina Hernandez for personal injuries and property damages purportedly sustained as a result of an accident caused by visual obstruction at the intersection of Simmons and Spinaker, in the City of Anaheim, on or about March 20, 1979. The following claim was denied and referred to staff: f. Claim submitted by Ron Wilkinson, dba Wilkinson Construction Company, for damages purportedly sustained as a result of breach of contract by the Anaheim Redevelopment Agency on or about May 29, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Center Authority - Minutes of June 18, 1979. b. 105: Community Redevelopment Commission - Minutes of June 20, 1979. c. 105: Golf Course Advisory Commission - Minutes of June 20, 1979. d. 105: HACMAC - Minutes of June 19, 1979. e. 105: Public Utilities Board - Minutes of June 21, 1979. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 79R-405 and 79R-406, 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. 79-772 City Hall~,.,AD,,ah.e.im.' California - COUNCIL MINUTES - July 10~ 1979~ 1:30 P.M. 158: RESOLUTION NO. 79R-405: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Holly Wade Tuszewski; Sunburst Development, Inc.; Rex Hodges Development Co.; Ronald C. Robinson, et al) 169: RESOLUTION NO. 79R-406: 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: ORANGEWOOD AVENUE STREET IMPROVEMENTS, NINTH TO EUCLID, IN THE CITY OF ANAHEIM, ACCOUNT NO. 13-792-6325- 2120, A.H.F.P. NO. 859 & 913. (Sully-Miller Contracting Company) 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-405 and 79R-406 duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held June 18, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 78-79-44 AND EIR NO. 189: Submitted by the Anaheim Redevelopment Agency, for a change in zone from CG, CL and PD-C to CO, on property located on the north side of Lincoln Avenue, west side of Helena Street and south side of Chartres Street. The City Planning Commission, pursuant to Resolution No. PC79-115, granted Reclassification No. 78-79-44, and EIR No. 189 was previously certified. 2. RECLASSIFICATION NO. 78-79-46: Submitted by the Anaheim Planning Commission, for a change in zone from County of Orange A1 to City of Anaheim RS-A-43,000, on property located southwest and southeast of the Riverside Freeway at Weir Canyon Road. The City Planning Commission, pursuant to Resolution No. PC79-114, granted Reclassification No. 78-79-46, and granted a negative declaration status. 3. CONDITIONAL USE PERMIT NO. 1985: Submitted by Southwest Leasing Corporation, to permit automobile storage and leasing on RS-A-43,000 zoned property located at 1843 Mountain View Avenue. The City Planning Commission, pursuant to Resolution No. PC79-I17, granted Conditional Use Permit No. 1985, and granted a negative declaration status. 79-773 City Ha~.l~, An.a~eim,,. Ca,liforn, ia - COUNqI~ MINUTES - July 10~ 1979~ 1:30 P.M. 4. CONDITIONAL USE PERMIT NO. 1988: Submitted by Canyon Plaza Shopping Center, to permit the on-sale of beer and wine in an existing restaurant on CL zoned property located on the northeast corner of Santa Ana Canyon Road and Imperial Highway. The City Planning Commission, pursuant to Resolution No. PC79-116, granted Conditional Use Permit No. 1988, and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 1990: Submitted by Euclid Shopping Center, to permit on-sale of beer and wine in a proposed restaurant on CL zoned property located at 1646 West Katella Avenue. The City Planning Commission, pursuant to Resolution No. PC79-118, granted Conditional Use Permit No. 1990, and granted a negative declaration status. 6. CONDITIONAL USE PERMIT NO. 1993: Submitted by Anaheim United Methodist Church, to permit a child day-care center in an existing church on RS-A-43,000 zoned property located at 1000 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-120, granted Conditional Use Permit No. 1993, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 1994: Submitted by Albert and Suzanne Porter, to permit a gymnastics academy on ML zoned property located at 1381 North Kraemer Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-121, denied Conditional Use Permit No. 1994, and granted a negative declaration status. 8. CONDITIONAL USE PERMIT NO. 430 - REQUEST FOR TERMINATION: Submitted by Anaheim Redevelopment Agency, requesting to terminate Conditional Use Permit No. 430, to permit a trade school on CG zoned property located at 119 North Lemon Street, as a condition of approval under Reclassification No. 78-79-37. The City Planning Commission, pursuant to Resolution No. PC79-124, terminated Conditional Use Permit No. 430. 9. CONDITIONAL USE PERMIT NO. 1441 - REQUEST FOR TERMINATION: Submitted by Anaheim Redevelopment Agency, requesting to terminate Conditional Use Permit No. 1441, to permit a church on CG zoned property located at 138 West Lincoln Avenue, as a condition of approval under Reclassification No. 78-79-37. The City Planning Commission, pursuant to Resolution No. PC79-125, terminated Conditional Use Permit No. 1441. 10. VARIANCE NO. 743 - REQUEST FOR TERMINATION: Submitted by Anaheim Redevelopment Agency, requesting termination of Variance No. 743, to permit installation of steam baths on CG zoned property located at 129 North Anaheim Boulevard, as a conditiona of approval under Reclassification No. 78-79-37. The City Planning Commision, pursuant to Resolution No. PC79-126, terminated Variance No. 743. 79-774 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. 11. VARIANCE NO. 774 - REQUEST FOR TERMINATION: Submitted by Anaheim Redevelopment Agency, requesting termination of Variance No. 774, to permit a health club on CG zoned property located at 129½ West Lincoln Avenue, as a condition of approval of Reclassification No. 78-79-37. The City Planning Commission, pursuant to Resolution No. PC79-127, terminated Variance No. 774. No action was taken by the City Council on the foregoing items, therefore the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 1991: Submitted by Robert and Esther J. Carlin, to permit an automobile sales lot on CG zoned property located at 1025 West Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC79-119, granted Conditional Use Permit No. 1991, and granted a negative declaration status. Councilman Roth requested a review of the subject application. Councilwoman Kaywood noted that the agenda indicated that the CUP was granted by the City Planning Commission and in reading through the Resolution, noted that it was granted for six months. She requested that as items appeared on the Planning Commission Consent Calendar, that the exact action taken be shown. They did not receive the Planning Commission minutes of June 18, and when she saw a 4-3 vote, she wanted to know the background discussion. She reiterated she wanted to see the exact action taken by the Planning Commission on the agenda relative to time limits or certain conditions. b~yor Seymour was of the opinion that more work was being created by such a request, and he did not see the necessity for including that information since Planning Commission resolutions and staff reports were included in their agenda packets. Councilwoman Kaywood wanted to know why that information was included sometimes and not others. City Clerk Roberts stated they had not followed that procedure for approximately three to four years. They worked from an agenda from the Planning Commission and time limitations were not always listed on that agenda. Back-up material was received in time to place it in the packets, but not in time to place the requested information on the typed agenda. Councilwoman Kaywood was satisfied with the explanation. 134: GENERAL PLAN AMENDMENT NO. 151: To consider an amendment to the Circulation Element of the General Plan to change the current designation of the following existing and proposed highways: Area I. Area II. Via Cortez between Santa Ana Canyon Road and Riverside Freeway (Local Street to Secondary Arterial Highway). Freedman Way between Harbor Boulevard and Manchester Avenue (Collector Street to Secondary Arterial Highway). 79-775 City Hall, A~.aheim, California - COUNCIL MINUTES - July 10~ 1979~ 1:30 P.M. Area III. Clementine Street between Freedman Way and Katella Avenue (Collector Street to Secondary Arterial Highway). On motion by Councilwoman Kaywood, seconded by Councilman Bay, July 31, 1979, at 3:00 P.M., was the date and time set for a public hearing on General Plan Amendment No. 151. MOTION CARRIED. VARIANCE NO. 176 - REQUEST FOR TERMINATION: Submitted by the Anaheim Redevelop- ment Agency, requesting termination of Variance No. 176, to permit the manufac- turing of clothing on CG zoned property located 141-145 West Lincoln Avenue, as a condition of approval under ReclassificatiOn No. 78-79-37. Councilwoman Kaywood offered Resolution No. 79R-407 for adoption as recommended by the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 79R-407: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 176 AND DECLARING THE APPROVAL OF VARIANCE NO. 176 NULL AND VOID. 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-407 duly passed and adopted. CONDITIONAL USE PERMIT NO. 1956 - REQUEST FOR APPROVAL OF SPECIFIC PLANS: Submitted by Foodmaker, Inc., for approval of specific plans to Conditional Use Permit No. 1956, to establish a drive-through restaurant on C-R zoned property located at the northeast corner of Katella Avenue and Harbor Boulevard. Planning Commission recommended approval. Councilman Roth moved to approve specific plans to Conditional Use Permit No. 1956 as requested. Councilman Seymour seconded the motion. Councilwoman Kaywood and Councilman Bay voted "no". MOTION CARRIED. ORDINANCE NO. 4025: Councilman Seymour offered Ordinance No. 4025 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4025: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-36, CL) 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. 4025 duly passed and adopted. ORDINANCE NO. 4026: Councilman Roth offered Ordinance No. 4026 for adoption. Refer to Ordinance Book. 79-776 City H.all, Anaheim~ California - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. ORDINANCE NO. 4026: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-2, CL) 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. 4026 duly passed and adopted. 114: PERMISSION TO LEAVE THE STATE - COUNCILMAN BAY: On motion by Councilman Roth~ seconded by Councilman Seymour, Councilman Bay was granted permission to leave the State for 90 days. MOTION CARRIED. 114: GENERAL MOTORS ENERGY ASSESSMENT MEETING: Councilman Bay reported that he attended the subject meeting on Monday, July 9, 1979, wherein they set up another meeting with staff for July 31, 1979 and hopefully an energy seminar for August 1, 1979 in order to find out how much data was already available within the State and Federal aid areas, so that they could avoid spending staff time collecting data that possibly ~night already be available. There were now six cities and Oran§e County represented, and he was looking forward to great progress from the whole arrangement in the future. 112: SURVEY TO DETERMINE PROPRIETY OF REQUESTED INCREASE IN LEGAL FEES: Mayor Seymour referred to letter dated July 6, 1979 received from Mr. Alan Watts, Special Counsel to the Public Utilities, relative to fees. The essence of the letter pointe~ to the fact that there was information available that would Justify his request for an increase in fees that might influence the majority of the Council regarding their "no" vote on the requested increase. MOTION: Councilman Seymour moved that Gordon Hoyt, Public Utilities General Manager, undertake a survey to determine the propriety of the fees requested by Alan Watts, Special Counsel, and report his findings to the Council. Councilman Roth seconded the motion. MOTION CARRIED. 125: LIAISON COMMITTEE MEETING WITH DATA PROCESSING DEPARTMENT: Mayor Seymour reported on the Liaison Committee meeting held that morning, wherein he and Council- man Overholt met with City Manager Talley, Assistant City Manager Hopkins, Mr. Tug Tamaru, Data Processing Director, and a number of his staff. The purpose was to interview two potential consultants regarding the proposed data processing study concerning the question of continuing with the MDS program. They inter- viewed Price Waterhouse, as well as Gottfried, a management consulting firm, and they asked the City Manager to prepare a recommendation, along with a proposed contract. The feeling was that the firm to handle the study should be Gottfried, and the Council could look for that type of recommendation to be forthcoming. 149: COMPLAINT RELATIVE TO NO PARKING FOR STREET .SWEEPING PURPOSES: Mayor Seymour reported that he and Councilman Roth had received a call from Mrs.-Blanche Kelly relative to "no parking" signs associated with the City'~ street sweeping 79-777 City Hall, Anaheim,.....California - COUNCIL MINUTES - July 10, 1979~ 1:30 P.M. program. Mrs. Kelly felt it was totally unreasonable that her street should be posted for no parking for four hours between noon and 4:00 P.M. on Mondays in order to sweep the streets, since she had a number of activities at her home. He tried to reason with her but to no avail and finally suggested to her that he would, (1) report her concerns to the Council, and (2) suggest to her the Council's feeling relative to street sweeping - that it was not getting done and they were deluged with complaints about unclean streets. He explained that they had run a pilot program to determine how the sign posting would work out and it worked out well. He then suggested to her if her neighborhood would rather not have the neighborhood signed and, therefore, have to sweep streets themselves or put up with ineffective street sweeping, that the Council would respond to any petition that might be submitted. Councilman Roth stated he suggested the same thing. He also pointed out in that one family, they have five automobiles, plus a recreational vehicle, parked on the street. RECESS - EXECUTIVE SESSION: Councilman Roth moved to recess into Executive Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (3:05 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:40 P.M.) 118: CLAIM AGAINST THE CITY: On motion by Councilman Seymour, seconded by Councilman Bay, the City Attorney and Carl Warren and Company were authorized to settle the claim filed against the City of Anaheim by Mercy Zamora Dennison for a sum not to exceed $1,292.93. MOTION CARRIED. 108: REQUEST FOR DINNER-DANCING PERMIT: Submitted by the Atlantic & Pacific Railroad Restaurant, Katella Avenue (formerly Loose Caboose). Mayor Seymour explained that a new operator had taken over the Loose Caboose, and they had been trying to obtain a license. The owner had asked him to see if he could get Council approval today because he was ready to go into business. As he understood, there was a question as to whether or not a Conditional Use Permit was required relative to the Dinner-Dancing Permit. MOTION: Councilman Seymour moved to approve the request by the Atlantic & Pacific Railroad Restaurant contingent upon the City Attorney's approval that a CUP was not required. Councilman Overholt seconded the motion. Before a vote was taken, City Attorney Hopkins stated if they had one musician, they could obtain a dinner-dancing permit. A vote was then taken on the foregoing motion. MOTION CARRIED. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. Adjourned: 3:45 P.M. ~ROBER~