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1979/11/1379-1272 ci~ Ha. ll~ Anaheim., California - COUNCIL MINUTES - November 13, 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 DEPUTY CITY MANAGER: James D. Ruth PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Gordon St. George, Anaheim Friends Church, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and approved by the City Council: "Adoption Week in Anaheim"--November 18-24, 1979 The proclamation was accepted by Mr. John Beisner. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unanimously adopted by the City Council and presented to Mr. Paul Hatanaka on behalf of the Twin County Optimist Club for providing equipment and supplies for the arts and crafts program at Hope School and to the students for their participation in the program. MINUTES: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the minutes of the regular meeting of July 10, 1979 were approved, subject to typo- graphical corrections. 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 in the amount of $1,081,878.64, in accordance with the 1979-80 Budget, were approved. RECESS - EXECUTIVE SESSION: Councilwoman Kaywood moved to recess into Executive Session. Councilman Bay seconded the motion. MOTION CARRIED. (1:40 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (2:55 P.M.) 79-1273 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution Nos. 79R-661 through 79R-667, both inclusive, for adoption as rec- ommended. Refer to Resolution Book. 174: RESOLUTION NO. 79R-661: 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: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AREAS 2, 3 & 4 - OLIVE STREET DRAIN, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-791-6325-1060. (Prkacin Company Runje Corporation (JV), $222,236) 124: RESOLUTION NO. 79R-662: 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: ANAHEIM CONVENTION CENTER ARENA ACOUSTIC CEILING REPAINTING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 64-308-7107-C9010. (Nick Geris and Sons, $18,500) 169: RESOLUTION NO. 79R-663: 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: GILBERT STREET STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 47-792-6325-2440 AND 47-792-6325-2460. (Ruiz Engineering Company, $48,949.25) 169: RESOLUTION NO. 79R-664: 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: CERRITOS AVENUE-STATE COLLEGE BOULEVARD STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-3110, A.H.F.P. NOS. 941 & 942. (J.E.G. Construction Company: Inc., $69,402.60) 123: RESOLUTION NO. 79R-665: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A DRAINAGE REIMBURSEMENT AGREEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ANAHEIM. (District 36, Areas 1 and 2, and District 37, Areas ! and 2 - Peralta Hills Drive - Cerro Vista Drive - Lakeview Avenue - Crescent Drive Drainage Reimbursement Area) 156: RESOLUTION NO. 79R-666: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING GRANT FUNDS FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING TO UNDERTAKE A JAIL VIDEO-MONITORING SYSTEM PROJECT. ($11,400) 79-1274 City Hall.~ An~im~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. 123: RESOLUTION NO. 79R-667: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH JIM K. TAMURA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREE- MENT. (appraisal services related to the City's Rehabilitation Loan Programs) 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-661 through 79R-667, both inclusive, duly passed and adopted. 106/156: JAIL VIDEO-MONITORING SYSTEM: On motion by Councilman Roth, seconded by Councilman Overholt, funds were appropriated to Program No. 17-184, Police Support Services Program, relating to Resolution No. 79R-666, (No. 156 above). MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - PURCHASE AND INSTALLATION OF MILLIKEN TIMES SQUARE CARPET MODULES - BID NO. 3589: On motion by Councilman Roth, seconded by Council- man Bay, the low bid of Custom Floors, Inc., was accepted, and purchase authorized in the amount of $20,213, including tax, as recommended by the Purchasing Agent in his memorandum dated November 8, 1979. MOTION CARRIED. 158: APPRAISAL REPORT - SHORBWELLS PROPERTY: Councilman Roth moved to approve the appraisal report relating to the City-owned Shorb Wells Property located on the south side of Esperanza Road, two miles, more or less, east of Imperial Highway, per agreement dated October 10, 1978 between the City and the County of Orange; and directing the City Clerk to forward a certified copy of the minutes of this portion of the meeting to the County. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 124: CITY POLICY REGARDING NEGOTIATIONS TO SECURE A CONVENTION CENTER HOTEL: City Manager William Talley referred to his memorandum dated November 5, 1979 relative to proposals for a Convention Center hotel adjacent to the Anaheim Convention Center, recommending that the City Council determine Council policy regarding further negotiations to secure the subject hotel (on file in the City Clerk's office). He noted that several speakers and representatives of the Community Center Authority were present to address the issue. Mr. Allan M. Frostrom, Vice President and Secretary of Trusthouse Forte, Inc., P. O. Box 1887, E1 Cajon, stated that he wanted to express personally to the Mayor, Council Members, and staff that both Mr. John Portman and Associates and Trusthouse Forte, Inc. were very interested in discussing in detail with the staff and con- sultants a mutually satisfactory development of a major and significant convention hotel in Anaheim. John Portman and Associates, in his opinion, was the organ- ization most responsible for the rebirth of major urban hotels with a Regency design in Atlanta, and most recently the Regency at the Ehnbarcadero in San Francisco, the Renaissance Center in Detroit and the Bonaventure Hotel in Los Angeles. Trusthouse Forte was the North American arm of Trusthouse Forte, Limited, the world's largest catering and leisure company. Mr. Frostrom elaborated further on the company's credentials and their accomplishments in the hotel field. 79-1275 City Hall~ Anaheim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. In concluding, Mr. Frostrom urged the Council to permit the proposers to nego- tiate in depth with staff so as to meet the objectives of both the City and also the development team. They respectfully requested that negotiations not be foreclosed by dealing with only one proposer, but instead to authorize staff to discuss with the Portman Trusthouse Forte team the many financial, functional and aesthetic facets of a development of the magnitude under discussion so as to assure the City of obtaining the finest hotel available. They wanted to do all possible to bring the very best convention hotel to Anaheim. Mr. John Argue, General Counsel of Trusthouse Forte, stated that the issue appeared to be whether two of the three bidders should be dropped from consideration at this time. They submitted that the answer should be "no", and all three should be allowed to complete the bid process in fairness to the bidders and in the best interest of the people of the community. Bids were solicited and three fine organizations came forward, each demonstrating their sincere interest. In the case of Trusthouse Forte and Portman, the chief executive officers of each organization had personally been involved in the talks and each of the three bidders had gone to considerable expense. His client wanted the opportunity to be fully heard. They respectfully submitted that it would be best to allow the three bidders to complete the bidding process and subsequently let the best bid win and then proceed with final documentation. He questioned disregarding any serious bidder at this point in time. They asked that the competitive process be permitted to continue. Mr. Lawrence Strenger, Attorney representing the Hyatt Corporation, stated they received a copy of the City Manager's memorandum on the subject of the present motion, and he was present to indicate their belief that the City Manager's second or third recommendation (see page 2 of the November 5, 1979 memorandum) be followed and that negotiations be continued with his client. Without elab- orating on the October 9, 1979 letter to the City Manager, which he believed had been made available to the Council, the hotel project, to the best of their know- ledge was originally proposed by his clients to the Convention Center staff and negotiated with the City Manager under the auspices of the Council Liaison Committee and the Community Center Authority (CCA). Those negotiations, which they believed had reached the point of developing a proposal to be submitted to the Council Liaison Committee for negotiation, would then set aside for the present request for proposal procedure. In their opinion it stated that the proposals would be negotiated with the City Manager's office and Community Center Authority Board and its members and staff. That had not happened. They met once in an open meeting with the CCA Board and elements of City staff. The evening after, they were told that a strong preference for one rather than the other side existed. They had no other communication except with the economic consultants. They did not believe and dissented from the City Manager's memorandum that any conclusion could be drawn as to his clients' proposal because they did not believe it was ever, to their knowledge, submitted in its entirety. Under Section 4 of the request for proposal (RFP), they assumed that a conclusive negotiation procedure, a continuation of the one they were very familiar with, would go on. His clients urged that negotiations of the long, thought out and serious proposal be continued in the best interest of the City and his clients 79-1276 City Hall~ Anaheim, California - COUNCIL MINUTES - November 13~ 1979, 1:30 P.M. as well. He then deferred to Mr. Nicholas Pritzker. Mr. Nicholas Pritzker, Vice President in charge of development for Hyatt, then gave the background credentials on the Hyatt Hotel chain considered to be the finest hotels in the world. He reiterated that they be allowed to make their position clear to the City and to continue to negotiate to bring the Hyatt Regency Hotel to Anaheim. Mr. James Philon, Vice President of Real Estate & Development, Hilton Hotels Corporation, 9880 Wilshire Boulevard, Beverly Hills, stated they had presented each Council Member with a copy to the City Manager's office, of a letter supporting their position that the matter before the Council today was to determine further City policy with respect to the hotel matter and the Convention Center. If the Council wished, he could read the letter, but in the interest of time, he suggested that the Council take whatever action they wished to make the letter a part of the record. As previously stated, the position they had taken was that the City at all times was involved in the process and policies established in the invitation to submit proposals, and that he believed each of the proposers were aware of deadlines established in that procedure. Presumably they complied, although he noted from the staff report that apparently one did not comply with some very specific instructions. They maintained the position that the policy outlined in the invitation to submit proposals was to select a hotel company with which to negotiate exclusively on the Convention Center hotel. They also pointed out in the letter that they had some concern in that either directly or by inference, proprietary elements of their proposal had been discussed, and notwithstanding the fact that the Hilton Wrather joint venture had confirmed to City staff, that City staff understood their proposal as presented. They would be deeply concerned about the manner in which any verification would be handled to preclude any op- portunities for two of the three proposers to further modify or add to the proposal which they understood came to an end on the August 24, 1979 deadline given to all three bidders by the CCA and City staff. Councilman Overholt stated he wanted to be sure it was Mr. Philon's intent to make the letter of November 12, 1979 to the Council a public record in view of the fact that it had a number of attachments to it. Mr. Philon clarified that the intent was that the letter only be a public record and that the attachments were for information purposes only. Councilman Overholt asked for clarification that he was offering the letter only without the attachments as a public record; Mr. Philon stated that was correct. Mr. Richard Stevens, Vice President of Wrather and President of Disneyland Hotel, stated by going back in the public record and by the exhibits they had, it was evident that the process in some detail had been under consideration actively for a period of nine months. The very explicit and specific rules as set down by the City were set forth at the outset of that nine-month period. During that time, one deadline was imposed for proposals. They met that deadline and subse- quent to that, they were advised by City staff that each of the three proposers 79-1277 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. would be interviewed in depth by representatives of City staff, including Mr. Liegler, Mr. Talley and the City Attorney and that the City, because of a desire to have a professional analysis made of the proposals, sought an outstanding firm to represent them. Economic Research Associates (ERA) was selected and they had no quarrel with that selection since it was one of the leading companies in the world in analyzing real estate proposals of the subject nature. Subsequent to that selection and the initial analysis of the proposals, Wrather and the other two bidders were submitted for an in depth interview, theirs lasting in excess of two hours which was exceedingly detailed. During the interview, a number of questions were asked that could not be answered on the spot. Mr. Ben Shroeder, Chairman of the CCA, stated that one of Wrather's opponents had requested an extension on the deadline, since there were questions they could not answer. They were likewise given an identical extension and were advised at that meeting very explicitly that they and all other bidders would have an absolute and definitive timetable to submit any further or last modifi-~ cations to the proposals. They were directed to communicate with ERA as the City's representative and they did so. They met the deadline in writing in complete compliance with City's directions and a second contract was let by the City or CCA. He used both interchangeably because City staff and the CCA were working very closely on a day-to-day basis. Further clarifications were author- ized to be made under a subsequent contract awarded the ERA and that was completed by yet another deadline. After the public meeting at which time the ERA made its recommendations and proprietary information was made public, they were completely at ease because they understood the rules of the game, as he must assume the other two sophisticated organizations did likewise. It was only after that meeting when they received word of some conflict, that they became concerned that there might be some attempt to obviate the rules. He then addressed a letter to Mr. Ben Shroeder on September 14, 1979 contained. in the exhibit package. Subsequently, Mr. Shroeder had a representative of the City, who received copies of that letter, assure Wrather that their under- standing of the rules was complete and accurate. Subsequently, the CCA Board unanimously recommended that the City Manager, upon clarification or confirma- tion of the ideal points with Wrather, submit the CCA recommendation to the City Council for the selection of Wrather as the exclusive negotiating party from that time forward until they were either successful or unsuccessful in negotiating a definitive contract with the City. To change the rules at this point would be extremely damaging to their organization and inconceivable to him that the City would undertake, after the fact, to change such clear-cut instructions. He could understand the desire on the part of the competition who did not submit the winning bid that they would like to have the process reopened. If they (Wrather) had not been the best bidder with the least financial risks to the City, they would concur and try to do the same thing. He emphasized that the rules should remain as the rules. Mr. Ben Shroeder, Past President of the CCA, stated for purposes of clarification there were some questions that needed to be asked and some clarification of procedures made. He felt it was a normal matter of confusion to people when they spoke of the City and the CCA to view them as one. They were not the same group, but worked with the same staff. The City did not hire ERA, but it was a choice of the CCA. They were carefully chosen from several recommmended 79-1278 City Hall, Anaheim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. by staff, the staff interviewed them, and without exception the only economic consultant that would not have a possible conflict of interest was the ERA group. He believed that each of the submitters in their initial submission, due and received on the 16th day of July, indicated their intent. Each of their intents was to build a convention center hotel and since each of the bidders were very highly qualified hotel operators, the CCA had to assume they were all talking about the same type of hotel--a convention headquarter hotel. In the submission from Mr. Talley, he stated he did not enter into the negotiations. Mr. Talley was appointed by the CCA as their negotiator to get a hotel for the convention center site in Anaheim. At a later date, Mayor Seymour and Councilman Overholt attended a meeting at which time Mr. Talley was requested to send out requests for proposals to several hotel operators and subsequently sent the RFP's to approximately 31 different operators. Three replies were received and a fourth, as well, but it was too late and did not make the July 16 deadline. They held meetings with each of the proposers at which time they were told that they would have an extension to August 24, 1979 and each had the same deadline. At a subsequent executive session of the CCA and the Council Liaison Committee, the City Manager was instructed to use the three proposals and that they were to negotiate. There were to be no further negotiations and they were to take action based upon the second report of the ERA at the October 1, 1979 meeting, at which time they recommended that negotiations be carried on with the Hilton-Wrather proposal. Mayor Seymour stated that concluded the public participation on the subject. The question before the Council was to direct the City Manager as far as determining the Council policy regarding future negotiations in securing a convention center hotel. Mayor Seymour stated, going back in time, the City Manager had been instructed to try to secure a convention center hotel and began negotiations with Hyatt. Sub- sequent to that time, the City Manager, Councilman Overholt and he felt it was desirable to put out a request for proposals, which was done. At that particular time, the month of May, they decided to open the process up to insure the best proposal for the City. Although there had been suggestions, if not allegations made, that the process was not complete and thorough and, therefore, fair to all bidders, he disagreed. He believed it was not only a complete and thorough process, but also it had conformed to the rules that were established at the outset in May. The proposals had been under study and negotiation for over six months. He felt personally that the CCA had done an outstanding job of sifting through the complex proposals and should be commended, and he was prepared to support their recommendation in directing the City Manager to enter into exclusive negotiations at this point with Wrather-Hilton (W-H) to finalize the proposals. He based that recommendation on the same basis as the CCA. Further, there was no doubt in reading the ERA evaluation, it clearly indicated by a fair margin the greatest economic return to the City would be with the W-H proposal. The Mayor continued that he had been closer to the process than anyone else on the Council. In the past weeks, he had not only discussed the matter individually with members of the Council, but also members of the CCA, and he was convinced that, (1) a total and complete process had taken place, (2) that the W-H proposal was "head and shoulders" above the other proposals and, (3) the entire process 79-1279 City Hall, Anaheim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. now deserved public scrutiny relative to a total and complete opening and making public the data that had been compiled in the reports as well. In substance, he was prepared to move ahead to direct the City Manager to enter into an exclusive agreement with Wrather-Hilton to further finalize the negotiations to secure a Wrather-Hilton hotel at the Convention Center. Councilwoman Kaywood asked the Mayor if she undermtood him to say that he had discussed the matter individually with all of the Council. Mayor Seymour stated he discussed it with Councilmen Overholt, Roth and Bay individually, but he was unable to reach her by telephone. The Mayor clarified that he also discussed it with Mr. Hostetter, Henderson and Shroeder. Councilman Overholt stated that he and the Mayor did discuss the matter, and they had a difference of opinion on the completeness of the process to date, and he, too, commended the CCA for their diligence and for the expenditure of hours beyond which they should not be required to work for the City for no salary. He was a member of the Liaison Committee that was involved to some extent in the process carried on primarily by the CCA. He also had great sympathy for three members of the Council who did not have the proposals before them earlier than approximately two weeks ago and he also talked with Councilman Bay and Council- woman Kaywood. He did not have an opportunity to talk with Councilman Roth as he informed him (Roth) by telephone, to try to brief them on what had happened to date in the selection process of a hotel for the Convention Center. He then asked the Mayor, since the ERA report was not a public record at the present time, if it was his intent to now make it a public record. The Mayor stated it was intention to do so and thereupon offered a motion directing the City Manager to enter into an exclusive agreement with Wrather-Hilton to finalize negotiations relative to a convention center hotel and at the same time to make public the ERA report and the data supporting that recommendation from the CCA. The motion died for lack of a second. Councilman Overholt stated since the ERA report at this time was not a public record, he preferred not to speak to that report. In his opinion, there had not been a complete process primarily because the ultimate decision in the extremely important venture for the City lay with the five people on the Council and three of the members were almost viewing it denovo. MOTION: Councilman Overholt stated that as a member of the Liaison Committee, he really had not been involved fully in the deliberations and thus he was pre- pared to offer a motion to reject all bids on the grounds that none of the proposers met the City's stated objectives and that the City Manager's office put together a negotiating team for the purpose of continuing negotiations with the three proposers now in the picture - Wrather-Hilton, Portman and the Hyatt Regency. He would not make the motion as yet because he wanted to give everyone else an opportunity to speak. Councilman Bay stated he was ready to second such a motion; Councilman Overholt thereupon so moved. 79-1280 City Hall, Anaheim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. Before a vote was taken, Mayor Seymour stated as he understood the motion, it was (1) to reject all bids and (2) to direct the City Manager to further negotiate with Wrather-Hilton, Hyatt and Portman Trusthouse Forte. Councilman Overholt stated that the motion was directing the City Manager to assemble a team for the purpose of continuing those negotiations. Mr. Talley stated he would have some questions if the motion were adopted. Councilman Roth stated he was in an awkward position because he was not privvy to the negotiations since he was not part of the Liaison Committee. He had not spoken to staff on the subject until he received a briefing by the City Manager and a short telephone call from the Mayor. His position was clear--he was concerned with the bottom line, that being, what was best for the taxpayers of the community. It appeared that the proposal was to reject all bids and ask for a renegotiation with all three proposers. The public had to have patience with them relative to the process so that they could become better informed since they were not a part of the Liaison meetings, the CCA meetings and City staff meetings. Councilwoman Kaywood stated that on something as major and important as a con- vention center hotel, she needed more information in order to make a final decision. It was something that was going to impact the City not just for 50 years, but 100 years or longer, and she did not feel that there was any need to rush to judgment on it. She would therefore support the motion. Councilman Bay stated he had nothing to add. Councilman Overholt asked that the City Manager address his concerns with the form of the motion since it included direction to his office. Mr. Talley explained that he (Overholt) stated that he should assemble a team, but he had not received any negotiating instructions. He assumed that he would either meet with the Liaison Committee or the Council would tell him to begin negotiations if the motion were adopted. The motion am articulated clearly directed him to assemble a negotiating team. Councilman Overholt amended the motion stating that the City Manager be directed to meet with the Liaison Committee, (the Mayor and Mayor Pro Tern), for the purpose of together assembling a negotiating team for continuing negotiations with all three proposers. Mr. Talley stated that now he knew what he had to do. Councilman Bay accepted the amendment to his second. Mayor Seymour stated that there was no possible way he knew of that a majority of the Council could negotiate a contract with anybody because they would be in violation of the Brown Act. The fact that they had two weeks to review extensive documentation and with six months of study and negotiations back and forth, that certainly should provide adequate background information. In his discussions with Councilman Overholt and the City Manager, he asked that the City Manager clearly, totally and completely explain the proposals to the Council individually 79-1281 City Hall~ Anahe~m~ California - COUNCIL MINUTES - November ,13~ 1979~ 1:30 P.M. which he (Talley) assured him he had done. As to the question of more study, he did not know what benefit there was in that. Relative to further negoti- ations, in his opinion, there was always a better deal tomorrow. There would always be a better bid. To the degree that they would continue negotiations in the future, unless some responsible proposers might lose credibility in the process thereby choosing to withdraw, in his opinion they might be (1) risking litigation in the future and, (2) risking the loss of a sorely needed convention center hotel. With those warnings, he was prepared, with the motion about to be adopted, to join in the most positive spirit he knew how to carry out the wishes of the Council in further negotiating a hotel. Councilman Overholt stated he appreciated the Mayor joining in the action and pledged his total support in working with him and the management team in achieving exactly what he had set forth. A vote was then taken on the foregoing motion as amended. voted "no". MOTION CARRIED. Councilman Seymour 174: H.E.R.E. RAPE CRISIS CLINIC: Councilman Roth offered Resolution No. 79R-668 for adoption as recommended in memorandum dated November 7, 1979 from the Deputy City Manager James Ruth, accepting $12,095 from the State Office of Criminal Justice Planning to fund the H.E.R.E. Rape Crisis Clinic and authorizing the City Manager to execute a grant extension through July 31, 1980. Refer to Resolution Book. RESOLUTION NO. 79R-668: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING $12,095 FROM THE STATE OFFICE OF CRIMINAL JUSTICE PLANNING TO FUND THE HELP ELIMINATE RAPE EVERYWHERE (H.E.R.E.) RAPE CRISIS CLINIC AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT EXTENSION. Before a vote was taken, Mayor Seymour stated that he received a communication that the Rape Crisis Clinic had been closed. Deputy City Manager James Ruth stated that he had spoken with Dee Spring at the Clinic at 11:00 a.m. today and the Clinic was in business as of that time. As noted by Mr. Talley, Miss Spring was also present earlier in the meeting. Subject to obtaining the requested funding, the Clinic could remain open through the remainder of the year and through next year as well, but it was dependent upon obtaining the subject grant as outlined in his memorandum dated November 7, 1979. Councilman Bay noted from the report that there was a past problem of documen- tation of expenditures which he assumed would be cleared up. Mr. Ruth stated that he felt it was cleared up at this point. They had delineated the responsibility and they had to report back to the Orange County Criminal Justice Planning Counsel. If the proper documentation was not available, the Grant would not be awarded. A vote was taken on the foregoing resolution. 79-1282 City Hall~ Anahe.im~ California - COUNCIL MINUTES - November 13, 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-668 duly passed and adopted. On motion by Councilman Roth, seconded by Councilwoman Kaywood, the said amount was appropriated in Program No. 01-344-6340. MOTION CARRIED. 175: INCREASE IN RETAIL ENERGY COST ADJUSTMENT BILLING FACTORS: Mr. Gordon Hoyt, Public Utilities General Manager, briefed the Council on the three-page memorandum dated November 5, 1979 from the Public Utilities Board (PUB) with exhibits (on file in the City Clerk's office) recommending an increase in the lifeline energy cost adjustment billing factor (ECABF) from 0.0¢kwh to 0.062¢kwh. The resolution should include a revised non-lifeline ECABF of 1.452¢ intended to bring the Energy Cost balancing account (ECBA) to a zero balance by May 31, 1980, the end of the six-month forecast. The last increase had taken place on Septem- ber 1, 1979, and it was necessary that another increase take place on December 1, 1979. At the conclusion of Mr. Hoyt's presentation, Councilman Roth asked in the average household receiving lifeline rates, what the dollar increase would be. Mr. Hoyt answered that every residential consumer benefited from the lifeline rate. The average customer used approximately 500 kw hours per month and that bill would increase from $24.18 up to $25.54. Southern California Edison's current rate was $26.54 and, therefore, if the requested increase went into effect, the difference between Edison's rates and that paid by Anaheim customers would be $1 per month. After Mr. Hoyt clarified additional questions posed by the Council, Councilman Bay offered Resolution No. 79R-669 for adoption, as recommended in memorandum dated November 5, 1979 from the Public Utilities Board, increasing the Retail Energy Cost Adjustment Billing Factors (lifeline and non-lifeline), effective December 1, 1979. Refer to Resolution Book. RESOLUTION NO. 79R-669: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 71R-478 AND AMENDED BY CITY COUNCIL RESOLUTION NOS. 73R-25, 73R-373, 73R-531, 74R-75, 74R-630, 74R-243, 74R-344, 75R-345, 76R-41, 76R-377, 76R-528, 76R-817, 77R-464, 77R-628, 78R-458, 78R-665, 79R-292, AND 79R-309. Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-669 duly passed and adopted. 79-1283 City Hall~ Anaheim., California - COUNCIL MINUTES - November 13, 1979~ 1:30 P.M. 175: ADVISORY ELECTION RELATING TO A POWER SALES CONTRACT - INTERMOUNTAIN POWER PROJECT (IPP): Mr. Gordon Hoyt, General Manager Public Utilities briefed the Council on the detailed four-page memorandum dated November 2, 1979 from the PUB with attachments (on file in the City Clerk's office) relative to an advisory election regarding execution of a Power Sales Contract with the Intermountain Power Agency to purchase electric power from the Intermountain Power Project. The Board recommended that the City Council make a decision on execution of a power sales contract with the Intermountain Power Agency to purchase electric power from the IPP. The Board further recommended that the Council find that an advisory election is not needed since the basic issue was approved by the electorate March 4, 1975. Mr. Hoyt, by way of explanation, reported that he raised the question at a recent meeting of the Council and Department Heads with the press present and suggested that a determination be reached as to whether or not there would be an advisory election on the IPP. The Council's instructions were to take the matter back to the PUB for a recommendation. The presentation made to the Board was essen- tially the same as the presentation made to the City Council. The vote of the Board was five to two that the matter not be referred to the electorate for an advisory vote. He (Hoyt) pointed out to the Board at that time that his recom- mendation was that there not be an election based on the management of the business. It was, however, clearly a political determination and the political determination of the need for a vote was something that would be made by the political leaders of the community. The Board was expressing itself in its role of helping to manage the Public Utilities. Mayor Seymour asked when in the Executive meeting that was discussed, because he did not remember the Council directing Mr. Hoyt to go to the PUB, to ask their opinion as to whether or not the matter should go before the voters. He thought that had been a predetermined answer and, therefore, he was either not at the meeting or did not understand. He repeated that he did not recall the direction Mr. Hoyt was talking about and asked if there was an action of the Council. Councilman Roth answered "no", and what he believed happened was, in the last management seminar, the Mayor had to leave. Mr. Hoyt stated that he made the presentation during the course of the meeting and one of the Council Members asked what the Board had said about the matter. He answered that he had told them that he had told the Board it was his under- standing there was going to be an election but he had not solicited an opinion from the Board. At that time, he felt it was a consensus instruction from the Council, particularly from Councilman Roth and Bay, indicating that he go back and get a recommendation from the PUB. Perhaps he misunderstood. Councilman Roth stated that he thought for some reason the Mayor was not present when the discussion came up. He had asked Mr. Hoyt if he knew the feeling of the Board, and at the time he also asked what the impact might be relative to the publicity concerning the $13 million refund the City was going to receive as a result of rate cases. He felt a deep concern as to whether the Council should proceed without having an election or without having more input. 79-1284 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. Mr. Hoyt stated that they certainly needed more input since they were not ready to make a decision relative to "go or no go." He proceeded on the basis that there was going to be an election scheduled for April, and he took the directions from the Council as being to take the matter to the Board. Mayor Seymour then stated that he did not recall those discussions. He under- stood and agreed that the issue was whether or not there was a benefit to the City's participation in the IPP, and he would be looking for recommendations from the PUB on that matter. As far as the question of whether or not a $1.5 billion decision would go before the voters, he thought that had been decided long ago and he was shocked, angered and dismayed to think that the Council would even begin to consider not putting the question before the voters. Councilwoman Kaywood wanted to know if his anger, shock and dismay was because the PUB was asked for their opinion. Mayor Seymour answered that he felt strongly from what he read in the November 2, 1979 report, that the Utilities General Manager took it upon himself to ask the Board whether or not there should be a vote. The record would show that in the past he, Councilwoman Kaywood, and Councilman Roth voted that when the question on IPP came up, it would go to the voters, and he never recalled any other vote being taken any other way. He was angered and shocked over the fact that such a question would even be considered and it almost sounded as though Mr. Hoyt attempted to lobby the PUB and evidently was successful, and was still attempting to lobby the Council to consider not putting the question on the ballot. He could not express how strongly he was opposed to that and that the Council could consider a thirty-year commitment costing $1.5 billion and not asking the electorate whether or not they wanted to do so. Councilwoman Kaywood stated she had not heard any Council discussion as yet as to whether or not anyone was considering not putting the question on the ballot. Her only reason for the question was due to the fact that everything that was brought before the Council relative to Utilities, items that did not concern the PUB, the one question the Mayor always asked was whether or not it had been reviewed by the PUB. Mayor Seymour countered that of the matter at hand, he already stated that a majority of the present Council had gone on record as stating when the question arose, it would go to the voters. He reiterated, he wanted the PUB's opinion relative to the issue, as well as the pros and cons of the issue. He did not need their opinion or Mr. Hoyt's opinion as to whether or not the people of Anaheim should have a right to vote on the expenditure of funds under consider- ation. Mr. Hoyt stated, if he misunderstood the direction of the Council, he apologized. Councilman Overholt stated it was true that the entire discussion on the issue took place when the Mayor was present and he recalled that the Mayor strongly stated the position he had just expressed. He (Overholt) also supported the same position, but he did not think there was any type discussion at that par- ticular management session. He believed that discussion was, that as the Council, they would have to make the decision, and he could not speak as to 79-1285 City Hall~ Anaheim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. whether there was any direction to go to the PUB. He recalled that they were anticipating taking the action necessary to put the question on the ballot. He did not feel that strongly that there was a misinterpretation of direction and felt that it could well have come from the management session. His position had not changed since that time. MOTION: Councilman Seymour moved to direct the City Manager to prepare a pro- posal relative to the IPP with public hearings to be held upon recommendation of the PUB regarding the issue. Councilman Roth seconded the motion. MOTION CARRIED. Mayor Seymour stated that he did not want his position on the issue misconstrued. If he was convinced after the issue was aired that it was in the best interest of the City to pursue IPP, he would be happy to lead the way and support it. He was not opposed to the project, but was strongly supportive of the idea of placing it before the voters who had the final say in the matter. Mr. Keith Murdoch, Wedgewood Drive, stated his concern was relative to what the question on an election might actually be. There were very opposing ways of presenting the issue - (1) shall the City enter into a contract for so many years with party A to purchase power, from the IPP or, (2) shall it continue to purchase power in the present mode for an equal number of years. He would be very interested as to how the question was worded on the ballot. The Mayor stated Mr. Murdoch brought up a good question. He recalled seeing some sample language as to how the question would be presented and that in itself, how the question or the alternatives would be phrased, was something that Mr. Hoyt and the City Manager would develop for the Council. Councilwoman Kaywood stated she was concerned that the full question be placed before the voters. Councilman Bay stated he was concerned with that aspect. If they did not go one way, he wanted to know what the alternative would be and what very large dollar figures they were then going to be looking at. He was very concerned over how the question would be presented to the voters because they were talking about the difference between power from American Coal or power from OPEC oil. 175: AMENDMENT NO. 5 - IPP MEMBERSHIP AND S~JDY AGREEMENT: Mr. Hoyt briefed the Council on memorandum dated November 5, 1979 from the PUB relative to the subject, recommending that the Council approve Amendment No. 5 to the IPP mem- bership and Study Agreement and authorizing the Public Utilities General Manager to execute the agreement on behalf of the City. He stated the recommendation was simply to extend the term for one year, to December 31, 1980. Mayor Seymour asked with the extension, would it be possible to buy more time to prepare for the election to take it beyond an April election enabling them to bring it before the voters in the June primary or, to the furthest extent, the November general election. 79-1286 City Hail~ Anaheim~ California - COUNCIL MINUTES - November 13, 1979~ 1:30 P.M. Mr. Hoyt explained that the current plan was to sell the bonds and receive the funds by the end of June. There was a question in his mind as to whether that schedule could be met and it was more likely that it would be late summer before that could happen. He did not think they could put the election off. The other some thirty partners, even though they had known about the election for many years, had expressed their unhappiness over the late date. In the event of a failure of the election, it would throw the project into a difficult situation. He felt, therefore, that they would be very reluctant to grant the additional time to execute the power sales agreement. Mayor Seymour referred to page 2, second to last paragraph of the memorandum dated November 2, 1979 to the City Manager/City Council regarding the advisory election relative to IPP stating, "The project intends to employ an independent consulting engineering firm to render an opinion on the project feasibility and estimated project costs. This opinion probably will not be available until about the time the Power Sales Contract is ready for execution." Mr. Hoyt stated it was not for the benefit of the participants. The reason for the independent consulting engineer was essentially to work with the Official Statement. He was suggesting that the independent consulting engineer, whether R.W. Beck or Stearns Rogers or someone of that nature, would be looking at the financial capabilities of all of the participants pointing out all of the benefits of the project to all participants, including Anaheim. Their work was probably not going to be done until about the time the election was going to be held. It could be done a little afterwards or before. Councilman Roth stated he would like to see the election in June particularly because of the voter turnout which was usually much greater than the turnout for City Council elections in the past. Mr. Hoyt stated if the Council wished him to specifically ask the Board of Directors, he would take action to set it up. Mayor Seymour stated not only that, but he concurred with Councilman Roth, it would be helpful, if they decided to lead and support the issue, they would be well armed to have the independent consultant's analysis in their task to convince the voters of the worthwhileness of the project. He added to Councilman Roth's request that consideration be given to bringing the consultant on in time, so that they could have the benefit of that analysis. Mr. Hoyt stated it was entirely possible they might be able to bring the consultant on and get him to make some recommendations or state his opinion with regard to Anaheim up front. He had R.W. Beck working on the matter at present to provide a cost comparison. Councilwoman Kaywood asked the Mayor if he was talking about aiming for a June or April election; the Mayor stated June, if possible. Councilwoman Kaywood stated that if it was a June election, there would be addi- tional costs involved, since it represented a special election and such costs were of consequence. 79-1287 City Hall~ Anahe. im.~.. California- COUNCIL MINUTES -November 13~ 1979, 1:30 P.M. Mayor Seymour asked if it mattered if there was a 50% turnout of the electorate compared to a 10% to 15% turnout; Councilwoman Kaywood felt it was up to the electorate as to whether or not they wanted to come out and vote for something of such great import. Nobody was preventing anybody from voting. City Clerk Roberts clarified for Councilman Roth that although there was a June primary, Anaheim was not dir~ctly involved. The last time a special election was held, Anaheim's cost was approximately $6,000, and there were four issues on the ballot at that time. Councilman Roth stated it would then cost about $2,000 to get meaningful input relative to that important issue. He felt if they took it out of the April election, it would be less political in June and they would also be able to obtain a better consensus of the feeling of their constituents at that time. Mr. Hoyt stated that he did not want to be too optimistic in the views that the partners would support that extension of time. Councilman Bay stated, so that there would be no doubt in the direction of the Council since there appeared to have been some in the past, Mr. Hoyt heard two Councilmen (Seymour and Roth) ask him to try to see if the Board would favor an extension so that the issue could be placed on the June ballot. He would add his direction as well so that Mr. Hoyt would know he had at least three Council Members advising him to ask the Board of Directors if they would consent to having the matter on the June ballot. Councilman Overholt stated, as a member of the Council who was not running in April, he would also so direct Mr. Hoyt. Mr. Hoyt stated he would then so move at the next Board of Directors meeting on December 18, 1979. On motion by Councilwoman Kaywood, seconded by Councilman Overholt, Amendment No. 5 to the Intermountain Power Project Membership and Study Agreement was authorized and the Public Utilities General Manager authorized to execute same extended to December 31, 1980. MOTION CARRIED. 175: ROCK CREEK-CRESTA WATER POWER PROJECT: Mr. Hoyt briefed the Council on memorandum dated November 5, 1979 from the PUB relative to the subject project, recommending that the City file a competing application with the Federal Energy Regulatory Commission (FERC) for a license for the Rock Creek-Cresta Water Power Project of the North Fork Feather River Project, FERC Project No. 1962, and appropriating $25,000 from available Electric Revenue Bond funds for the City's share of the cost. He then further clarified in detail questions posed by Councilman Bay relative to the recommendation. On motion by Councilman Overholt, seconded by Councilman Roth, the Public Utilities General Manager was authorized to file a competing application with the Federal Energy Regulatory Commission as recommended. MOTION CARRIED. 79-1288 City Hal~ Anaheim~ California - COUNCIL MINUTES - NovEmber 13, 1979~ 1:30 P.M. 123: ECONOMIC SCIENCES CORPORATION PROFESSIONAL SERVICES - SUPPORT OF THE CITY'S ELECTRICAL' ENERGY~kND DEMAND FORECASTS: Councilman Roth offered Resolution No. 79R-670 for adoption as recommended in memorandum dated November 5, 1979 from the PUB authorizing an agreement with Economic Sciences Corporation in an amount not to exceed $7,500 for professional services in the presentation and support of the City's electrical energy and demand forecasts (CFM-II) before the California Energy Commission in their biennial report hearings. Refer to Resolution Book. RESOLUTION NO. 79R-670: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHIEM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH ECONOMIC SCIENCES CORPOR- ATION AND AUTHORIZING AND DIRECTING 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-670 duly passed and adopted. 106: MOTION: On motion by Councilman Roth, seconded by Councilman Overholt, the said amount was appropriated from available funds in Electric Fund 55 to Program No. 55-462-6310. MOTION CARRIED. 179: ORDINANCE NO. 4079 - RELATING TO ZONING OF ADULT ENTERTAINMENT BUSINESSES: City Attorney William Hopkins briefed the Council on proposed Ordinance No. 4079. The matter had been reviewed by the Police Department and the City Manager's office and basically the ordinance being submitted was similar to that which was adopted in the City of Detroit. Action could be taken for a first reading today with final adoption on next Tuesday, November 20, with the Ordinance becoming effective on December 20, 1979. Councilwoman Kaywood offered Ordinance No. 4079 for first reading. ORDINANCE NO. 4079: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.89 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING OF ADULT ENTERTAIN- MENT BUSINESSES. 112: SHELBY VS. CITY OF ANA~IM: On motion by Councilman Seymour, seconded by Councilman Roth, the City Attorney was authorized to settle Orange County Superior Court Case No. 29-20-54 (Shelby vs. City of Anaheim) for a sum not to exceed $2,000. MOTION CARRIED. 118: CLAIM OF ROBERT A. MUES: On motion by Councilman Seymour, seconded by Councilman Roth, the City Attorney and Carl Warren were authorized to settle the claim of Robert A. Mues for a sum not to exceed $1,048. MOTION CARRIED. 166: ORANGE COUNTY FURNITURE GALLERY, INC. - REQUEST FOR USE OF SIGNS AND BANNEN~: FOR A PERIOD OF NINETY DAYS: (property located at 1080 Kraemer Place - CUP No. 1923) Ms. Carole Jones, Orange County Furniture Gallery, explained that the request was for a waiver in regard to Conditions Nos. 6 and 7 of the resolution approving of 79-1289 city Hal.l, ..Anahei~ California - COUNCIL MINUTES - November 13, 1979~ 1:30 P.M. CUP No. 1923 regarding banners and window signs. As stated in their letter dated November 6, 1979 (made a part of the record) the decision of the Council on October 16, 1979 (see minutes that date and Resolution No. 79R-597) neces- sitated their going out of business. They had applied for a quitting business license which they had obtained for a 90-day period. They hoped the Council would have sympathy in the matter and allow them to at least have window signs and banners that they felt were unobtrusive but necessary to the success of their sale and in keeping them from bankruptcy. She was certain the Council was aware of the presentation made by Mr. Floyd Farano, attorney, who was actually representing the builder. She believed the citation and initial presentation were in regard to Curtis Furniture, and she emphasized that she was present specifically on Orange County Furniture Gallery. Ms. Jones then confirmed for Councilman Roth that they did not have another building to go to in 90 days and after that time depending upon the financial outcome, she did not know what they would do thereafter. Councilman Roth asked if she would actually stipulate that Orange County Furniture Gallery would be out of business in 90 days or be in a wholesale situation at that time. Ms. Jones stated that they were going out of business because they could not function under the stipulations of Conditional Use Permit No. 1923 as outlined in Resolution No. 79R-597, 50% wholesale and 50% retail at the end of one year. That stipulation made no sense to her and her partner, having been trained in the business for 15 years. A business could not be 50% wholesale and 50% retail. The Mayor stated they could amend the requirement and make it 100% wholesale; Ms. Jones stated that the wholesale business was an entirely different kind of business. The Mayor asked who told her that she could conduct a retail business at the subject location. Ms. Jones explained that they were told by the industrial brokers when they signed the lease and the lease clearly stated, retail furniture sales. They were also told by the broker and the landlord that if they were to apply for their license under class B that they were in the process of getting variances in that area. Mayor Seymour asked if they were aware that they were running a retail business in an area where only wholesale was permitted since their business license indi- cated they were aware of that fact. Ms. Jones stated "yes", they were but they were convinced by somebody else to proceed and that it would only be a matter of time before variances would be granted. Mayor Seymour stated he did not have any difficulty with Ms. Jones' request. How- ever, she inferred that the Council was the cause of her difficulty when, in fact, it was her own decision or because she had depended upon other people for their advice and subsequently chose to violate the ordinance. He did not have much 79-1290 .City, Hall, p, Anaheim~ California - COUNCIL MINUTES - November 13, 197~ 1:30 P.M. sympathy under those circumstances. By stipulating 50% wholesale and 50% retail at the end of one year, they were trying to give those people who could do so the time and opportunity to convert their illegal business to a legal one which would be wholesale. Orange County Furniture Gallery was a pure retail business and should not have been in the location in the first place; Ms. Jones acknow- ledged that fact. Councilman Roth stated the Council was not going to be the cause of putting Orange County Furniture Gallery into bankruptcy. He was not supportive of the Council's prior action and at this time wa~ supportive of the present request, providing Ms. Jones would stipulate that the Gallery would be leaving the area or would be going into 100% wholesale after 90 days. Ms. Jones stated that after 90 days they would be completely out of the premises, and they were hoping to liquidate even sooner than that. MOTION: Councilman Bay, on the basis of Ms. Jones stipulation, moved to grant the request for the use of signs and banners for a period of 90 days on the property located at 1080 Kraemer Place during their quitting business sale. Councilman Roth seconded the motion. Before a vote was taken, City Attorney Hopkins noted that Resolution No. 79R-597 adopted by the Council at the meeting of October 16, 1979 contained a number of provisions, specifically Condition No. 6 stating that no flags or banners shall be permitted on the premises, and No. 7, that no window signs shall be permitted. In essence, the applicant was requesting that they be given permis- sion to violate the terms of the CUP. In order to make an amendment or a change in those conditions, another public hearing would be required where the conditions might be changed at the end of that hearing. Discussion followed between Council and staff as to how the Council could assist Orange County Furniture Gallery relative to their request, at the conclusion of which, City Attorney Hopkins reiterated that the only course of action that could be taken in order to change the conditions of the CUP would be to hold a public hearing. City Clerk Roberts stated that the earliest date a public hearing could be set was in three weeks. By general consent, the Council set the subject request for a change in conditions of CUP No. 1923 for a public hearing on December 4, 1979 at 3:00 P.M. granting a stay in the interim. ' A vote was taken on the foregoing motion. MOTION CARRIED. 129: PUBLIC FIREWORKS PERMIT: On motion by Councilman Bay, seconded by Councilman Roth, Application for a Public Fireworks Permit submitted by Pyro Spectaculars Inc., on behalf of Western High School, to discharge fireworks on November 15,'! 1979, at 8:30 p.m., at Handel Stadium was approved. MOTION CARRIED. 129: PUBLIC FIREWORKS PERMIT: Application submitted by Astro Pyrotechnics, on behalf of Stadium Motor Sports, to discharge fireworks on November 16 and 17, 1979, between the hours of 7:00 p.m. and 11:00 p.m., at the Anaheim Stadium, was presented. 79-1291 City Hall,...~nahe.im~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. MOTION: Councilman Roth moved to approve the subject application. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if they intended to discharge the fireworks every hour on the hour or what the schedule might be. She could not approve an application where no set time was indicated. Councilman Bay stated that the application implied a four-hour duration, and he could not approve that vague indication but could do so if there was a specific time period such as between 9:00 or 10:00 or 7:00 and 8:00. He also noted that the 11:00 p.m. ending time was one hour beyond the 10:00 p.m. curfew time set for discharging fireworks. Councilman Roth amended his motion that the fireworks be discharged no later than 10:00 p.m.; Councilman Overholt was agreeable to the amendment. City Manager Talley stated he had just talked to the Fire Marshall, and he stated the fireworks would be discharged periodically at the start of events. The Fire Marshall also explained to the applicant that the 11:00 p.m. time was beyond the curfew, and so they were cognizant of that fact. A vote was then taken on the foregoing motion. Councilwoman Kaywood voted "no". MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Overholt, 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: a. Claim submitted by Edward W. Thomas III for damages purportedly sustained as a result of loss of his property (motorcycle) by Anaheim Police, on or about September 7, 1979. b. Claim submitted by Arloene B. Miller for damages to sign purportedly sustained as a result of falling tree limb during tree-trimming activities by City crew at 117 W. Cypress Street, on or about October 2, 1979. c. Claim submitted by Marlea Thompson for personal injury damages purportedly sustained as a result of actions by Anaheim Police, on or about August 18, 1979. d. Claim submitted by Angela Victoria Virgo for personal injuries and vehicular damages purportedly sustained as a result of accident caused by malfunctioning traffic signal at the intersection of Orange Street and Western, north and south- bound, on or about July 24, 1979. e. Claim submitted by Steve Collector for vehicular damages purportedly sustained as a result of actions by cashier at Anaheim Stadium parking lot, Orangewood en- trance gate, on or about July 7, 1979. 79 -1292 City Hall~ Anahei~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. f. Claim submitted by C. Nick Cinocco for personal injury damages purportedly sustained as a result of slip-and-fall accident at Anaheim Stadium Portal 4 Field Level, on or about September 22, 1979. g. Claim submitted by Orange County Menu Printers for damages purportedly sus- tained as a result of labor lost caused by power failure for 2½ hours, on or about August 20, 1979. h. Claim submitted by Roger L. Druliner for vehicular damages purportedly sus- tained as a result of being struck by City-owned golf cart while parked on Golf Course parking lot, on or about October 8, 1979. i. Claim submitted by Marianne C. Hays for personal injury damages purportedly sustained as a result of slip-and-fall accident between turnstiles and escalator at Anaheim Stadium, on or about September 26, 1979. j. Claim submitted by Belinda Mae Gibbons for vehicular damages purportedly sustained as a result of accident when a City vehicle backed into her parked car on or about October 26, 1979. k. Claim submitted by Perry R. Johnson for personal injury damages purportedly sustained as a result of actions by Anaheim Police at Anaheim City Park and other locations, on or about September 14, 1979. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Hughes Air Corporation, dba Hughes Airwest, Notice of Intent to suspend nonstop and/or single-plane service in four markets pursuant to Section 401 (j) (2) of the Federal Aviation Act of 1958, as amended. b. 175: Before the Public Utilities Commission, Application No. 58481, Southern California Edison Company, for authority to increase its base rates to recover increased expenditures made towards the development, purchase and testing of advanced energy conservation metering equipment. c. 155: Planning Department, Building Division, Monthly report for October 1979. d. 105: Public Utilities Board - Minutes of August 23, September 6, September 20 and October 18, 1979. ' 3. 108: APPLICATION - PRIVATE PATROL PERMIT: Application by Richard Nunez, for Simpson Security Specialists Academy Protection, 1160 West Ball Road, to supply security for nightclubs and hotels, was denied as recommended by the Chief of Police. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilman Overholt offered Resolution Nos. 79R-671 through 79R-674, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 79-1293 City Hall, Anaheim~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. 176: RESOLUTION NO. 79R-671: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE AND ABANDON A CERTAIN PUBLIC SERVICE EASEMENT. (79-11A; public hearing set December 11, 1979, 3:00 P.M.) 150: RESOLUTION NO. 79R-672: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN PLAZA PARK, IN THE CITY OF ANAHEIM, ACCOUNT NO. 25-803-7103-80308; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF: AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened November 29, 1979 at 2:00 P.M.) 150: RESOLUTION NO. 79R-673: 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: BROOKHURST PARK IRRIGATION RENOVATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-807-7103-00003. (Gerald R. Willits) 167: RESOLUTION NO. 79R-674: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF ANAHEIM HILLS ROAD AND SANTA ANA CANYON ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-794-6325-4100. (Steiny and Company) 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-671 through 79R-674, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held October 22, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 79-80-14 AND VARIANCE NO. 3116: Submitted by Gulf Oil Corporation, for a change in zone from ML to CL, to construct a commercial shop- ping center on property located at 727 S. East Street, with waiver of minimum number of required parking spaces. Reclassification No. 79-80-14 and Variance No. 3116 were withdrawn by the petitioner 79-1294 ~it7 H~l!*.Anahe.im~. California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. 2. RECLASSIFICATION NO. 79-80-15, AND CONDITIONAL USE PERMIT NO. 2027: Submitted by Shirishbabu H. Patel and Pushpa N. Patel, for a change in zone from RS-A-43,000 to CL, to permit expansion of an existing motel on property located at 2145 South Harbor Boulevard. The City Planning Commission, pursuant to Resolution Nos. PC79-206 and 207, granted Reclassification No. 79-80-15 and Conditional Use Permit No. 2027 and granted a negative declaration status. , Councilwoman Kaywood questioned Condition No. 3, Page 2 of PC79-207 and asked how many kitchen units were included. Miss Santalahti stated that was a standard condition and to her knowledge the only kitchen unit involved was the manager's unit which was in accordance with the plans as submitted. Councilwoman Kaywood stated she believed they were going to have to change the manner in which the standard condition was written, because in reading it, there could be 100% kitchen units permitted. Miss Santaiahti stated they never had a problem with the specific set up involved, but only when they went beyond that and put in larger refrigerators or stoves. However, they could make it a policy from now on not to include the condition. Councilwoman Kaywood suggested either not include it or indicate not more than 25%. She also noted there was no reference to the traffic signal assessment fees or the street lighting and wanted to know if that was merely an oversight. Miss Santalahti stated that the street lighting had possibly been paid if it was not included. Relative to the traffic signal assessment, they put that in basically as a reminder since it was required when pulling a building permit. 3. CONDITIONAL USE PERMIT NO. 1834: Submitted by Marriott Corporation ~6nd~i~n ~ il of Resolution No--~ ~C78-124 pertainin~ hl~-~ ..... , ~o amend ~ to ~vu~ ~ heights along the south property line of C-R and RS-A-43,000 zoned property located on the south side of Convention Way, west of Harbor Boulevard. The City Planning Commission requested amendment relating' pursuant to Resolution No. PC79-212 granted the mental Impact Report No. 215 ~dC°ndlti°nal Use Permit No. 1834, ~nd Environ- been previously approved. 4. CONDITIONAL ~ISE PERMIT NO. 1888: Submitted by Donald M. Loynd, Laderbel, Inc., to delete Condition No. 3 of Resolution No. PC78-215 relative to a require- ment for a fire access easement on ML zoned property located at 1212 North Magnolia Avenue. The City Planning Commission, pursuant to Resolution No. PC79-211, granted Conditional Use Permit No. 1888, and a negative declaration status had been previously approved. 79 -1295 City ~all.,. Anah_eim, California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. 5. CONDITIONAL USE PERMIT NO. 2028: Submitted by Alfred A. Holve and Sons Inc., to permit on-sale alcoholic beverages and to expand an existing restaurant on CL zoned property located at 1723 West Katella Avenue, with waivers of maximum structural height and minimum side yard setback. The City Planning Commission, pursuant to Resolution No. PC79-209, granted Con- ditional Use Permit No. 2028, and granted a negative declaration status. Councilwoman Kaywood noted that they were expanding a commercial use four feet from RS-7200 and she wanted to know how that could have happened. Miss Santalahti explained that she was not present at that particular Planning Commission hearing. Although there were two requested waivers relative to building height and side yard setback, it was her understanding that none of the residential neighbors were concerned in this instance. Councilwoman Kaywood felt they would be concerned after the expansion occurred, as they had such experiences before, unless the portion adjacent to the real estate office was not being used as residential. Miss Santalahti stated that the neighbors were notified and the developer might have spoken with them so that they had no actual concerns. 6. CONDITIONAL USE PERMIT NO. 2030: Submitted by Richard B. and Nancy Z. Winchester, to permit an office on ML zoned property located at 3801 East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC79-210, granted Conditional Use Permit No. 2030, and granted a negative declaration status. 7. VARIANCE NO. 3117 (TENTATIVE TRACT NO. 10877): Submitted by Walter E. La Force and Blanche Hanahan La Force, to establish a 15-lot, 14-unit subdivision on proposed RM-3000 zoned property located at 3311 West Lincoln Avenue, with waiver of required lot frontage. The City Planning Commission, pursuant to Resolution No. PC79-208, granted Variance No. 3117 and a negative declaration status had previously been approved. Councilwoman Kaywood noted Page 4a, Item (6) of the October 22, 1979 staff report which indicated the project would be a 14-unit condominium complex with 14.7 units per acre. She asked the maximum units per acre they were now allowing. Miss Santalahti stated a maximum was in that range or around 15, but she would have to check for the specific figure. Under the 4,000-square foot per unit, it was approximately 12. The change to 3,000 square feet represented an increase of approximately 33%. It was consistent with the regulations. Councilwoman Kaywood then noted that the 2,957-square foot unit was a waiver of the 3,000-square foot unit. Whenever they reduced size, there were still requests for smmller units, or squeexing more on less. 79-1296 Ci~y~ Hall, Anaheim~ California - COUNCIL MINUTES - Nov-mher 13~ 1979, 1:30 P.M. Councilwoman Kaywood also referred to Page 4b of the subject staff report, Para-.. graph 5 relating to drainage, which she felt was not necessary in the sense the location involved was Lincoln and Western Avenues and not the canyon area to which it applied. 8. VARIANCE NO. 1042 - REQUEST FOR TERMINATION: Submitted by the City of Anaheim, requesting to terminate Variance No. 1042, to permit a beauty college and salon 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. PC79-216, terminated Variance No. 1042. 9. VARIANCE NO. 1826 AND CONDITIONAL USE PERMIT NO. 621 - REQUEST FOR TERMINATION: Submitted by the City of Anaheim, requesting to terminate Variance No. 1826, to waive the location of a free-standing sign, and to terminate Conditional Use Permit No. 621, to permit a service station at the intersection of a primary highway and a local street within 75 feet of a residential structure, on CG zoned property located at 401 West Lincoln Avenue, as a condition of approval under Reclassification No. 78-79-44. The City Planning Commission, pursuant to Resolution No. PC70-217 and 213, terminated Variance No. 1826 and Conditional Use Permit No. 621. 10. VARIANCE NO. 2531 - REQUEST FOR TERMINATION: Submitted by the City of Anaheim, requesting to terminate Variance No. 2531, to permit a commercial office in a portion of an existing residence with various Code waivers on PD-C zoned property located at 120, 122, and 122½ North Harbor Boulevard, as a conditon of approval under Reclassification No. 78-79-44. The City Planning Commission, pursuant to Resolution No. PC79-215, terminated Variance No. 2531. 11. CONDITIONAL USE PERMIT NO. 1925 - REQUEST FOR TERMINATION: Submitted by the City of Anaheim, requesting to terminate Conditional Use Permit No. 1925, to permit an insurance office in a residential structure, on PD-C zoned property located at 125 North Helena Street, as a condition of approval under Reclassifi- cation No. 78-79-44. The City Planning Commission, pursuant to Resolution No. PC79-214, terminated Conditional Use Permit No. 1925. 12. CONDITIONAL USE PERMIT NO. 1443 - REQUEST FOR APPROVAL OF SPECIFIC USE: Submitted by Tri-Way Freeway Business Complex, Ltd., requesting approval of a "chiropractic office" as a specific use under Conditional Use Permit No. 1443, to establish a planned unified industrial service center including a restaurant and catering facility, general business offices, and retail distribution firms, with waiver of permitted uses and minimum number of required parking spaces, on ML zoned property located at 2115 Crescent Avenue, Suite B. Pursuant to the subject request, the City Planning Commission determined a "chiropractic office" to be a specific use under Conditional Use Permit No. 1443. 79-1297 City Hall, Anaheim~ California - COUNCIL MINUTES - November 13~ 1979~ 1:30 P.M. ORDINANCE NO. 4077: Councilman Seymour offered Ordinance No. 4077 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4077: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(11), RS-5000, Tract No. 10032) 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. 4077 duly passed and adopted. ORDINANCE NO. 4078: Councilman Bay offered Ordinance No. 4078 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4078: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-37, 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. 4078 duly passed and adopted. 156: ORDINANCE NO. 4080: Councilwoman Kaywood offered Ordinance No. 4080 for first reading. ORDINANCE NO. 4080: AN ORDINANCE OF ~IE CITY OF ANAHEIM ADDING NEW CHAPTER 7.10 TO TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE ADVERTISING, DISPLAY AND SALE TO MINORS OF PARAPHERNALIA COMMONLY ASSOCIATED WITH THE USE OF NARCOTICS. 114: DEDICATION OF PACIFIC TELEPHONE FACILITY: Councilman Overholt reported on his and Councilman Bay's attendance at the dedication of the Pacific Telephone Company's new $8 million facility in the Northeast Industrial area on Friday, November 9, 1979. That facility would absorb some of the Company's other offices in the community. 102: COMPLAINTS - BARKING DOGS: Councilwoman Kaywood reported that she was continuing to receive many desperate calls complaining about barking dogs and something needed to be done. The person causing the problem was being given all the consideration while the entire neighborhood suffered by not being able to sleep or being driven to a heightened state of annoyance. She realized that they contracted with the County on animal control, but the procedure as now established placed the entire burden on the neighbors, rather than the responsible party. Many situations were ongoing for weeks and months with the dogs barking ali day and night. As of now, the complainant was required to pick up a complaint form at the County and then 40 days was allowed in which to do something about the problem. She, therefore, directed the City Manager and City Attorney to review the matter relative to facilitating easier enforcement on barking dog complaints. 79-1298 City Hall' .A..na.hei~.., California - COUNCIL MINUTES - November 13, 1979, 1:30 P.M. City Attorney Hopkins stated he would check with the County. There was a barking dog ordinance and the procedure being used was somewhat cumbersome. Judges occa- sionally asked to debark dogs, as well as to take other action, when the situation involved a matter of serious discomfort to neighbors. Councilman Bay added that he had received the same type of complaints. 114: ORDINANCE PERTAINING TO PARAPHERNALIA: Councilman Roth commended the City Attorney for his prompt action in facilitating the first reading of the ordinance regarding display and sale to minors of paraphernalia (Ordinance No. 4080). 149: PARKING LOT - SENIOR CITIZENS COMPLEX: Councilman Roth stated that a concerned citizen in the Chamber audience brought to his attention problems relative to the parking lot at the new Senior Citizens' complex - (1) loitering by unauthorized people and, (2) breaking into automobiles, stealing tape decks and vandalizing cars. The Police had been called several times, and realizing the priorities under which they labored, the time lag gave the suspects an opportunity to leave the scene. The gentleman he spoke with suggested that the Council consider installing signs indicating that the area was patrolled. Councilman Roth thereupon requested staff to submit recommendations relative to signing for the Senior Citiznes parking lot to discourage loitering, vandalism and theft. 114: PERMISSION TO LEAVE THE STATE: On motion by Councilman Roth, seconded by Councilman Seymour, Councilman Roth was granted permission to leave the state for 90 days. MOTION CARRIED. Councilman Roth noted he would only be absent for the Tuesday, November 20, 1979 meeting. 156: LETTER FROM JUDGE CARDENAS TO MAYOR SEYMOUR: Councilman Bay referred to letter dated November 5, 1979 from Judge Cardenas to Mayor Seymour (on file in the City Clerk's office), a copy of which was received by the Council. In reading the letter, he was concerned over a statement that was made relative to plea-bargaining, last paragraph, page one of the November 5, 1979 letter. Councilman Bay requested within the next week that they receive information as to policies involved in the plea-bargaining process. Mayor Seymour stated that he had already discussed the matter with the City Attorney, and he (Hopkins) was preparing his remarks relative to his preparation of an appropriate response. City Attorney Hopkins explained that the letter referred to sentencing and when there was a trial for 647B of the Penal Code (prostitution), the Judge had full control of the sentencing and the City's prosecutors did not rule or make recommendations. He felt that Judge would have to agree that some judges were more lenient than others. Relative to the second part of Councilman Bay's question, it was true that approximately 90% of the prostitutes arrested were sentenced by the plea- bargaining process and the Judge approved of recommendations by the prosecutor, and he had the final say so in the matter and not the prosecutors. 79-1299 City _H..a.ll~ Anaheim~ California - COUNCIL MINUTES - November 13~ 1979,..1:30 P.M. 150: ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL: Councilman Bay referred to a memorandum which discussed the call from Jackie Terrell at the Senior Citizens' Center referring to the fact that the Community Development Council of Orange County (CDC) who assisted in the Meals on Wheels Program with some of the equip- ment, had now cut off that help. The Mayor, Councilwoman Kaywood and Councilman Overholt stated that assistance was now being provided by the Parks and Recreation Department. Councilman Bay stated that aspect did not specifically concern him. His question revolved around the fact that the County function of the CDC was contracted to a degree, and he thought the City Council allocated funds to the CDC every year. If that were true, and they cut services that they had been performing regard- less on. what technicality, he felt it would be in order for the Council to review what funds they were applying to the CDC for services within the City. He requested information on how much funding was provided to the CDC, for what purpose, and if the CDC had the prerogative to cut off such services anytime they felt like doing so. 119: KICK-OFF DINNER - FIRST MARINE DIVISION ASSOCIATION: Mayor Seymour referred to a late request received for a resolution recognizing the formation of the First Marine Division Association, Anaheim Chapter. A kick-off dinner for the newly formed association was being held at the Convention Center Hotel in Buena Park at 7:30 p.m. on Saturday, November 17, 1979. Since they did not have time to prepare the resolution, he was soliciting Council support of it, so that it could be drawn accordingly. By general consent, the Council gave their support for the subject resolution to be drawn. Mayor Seymour noted that the association wanted Councilwoman Kaywood to attend the dinner, at which time the resolution would be presented; Councilwoman Kaywood indicated that she would do so. 156: NEIGHBORHOOD MEETING - RIVERDALE SCHOOL AREA: Mayor Seymour reported on a recent meeting held at Riverdale School with citizens, Captain Kennedy and the Community Pride Program of the Orange Unified School District. He noted that was the area abutting the freeway where so much graffiti was in evidence and also on the walls surrounding the development itself. They were also experiencing numerous drug problems, party problems, etc. and matters were out of hand in that neighborhood. He felt the meeting was a positive one and at the meeting he explained to the citizens that he would approach the Council to discuss the implementation or at least consider an anti-graffiti ordinance. It was his understanding that the City of Buena Park, as well as Norwalk, had very successful anti-graffiti ordinances even to the degree that in Norwalk, the city somehow could to onto private property and paint the back of the wall facing a public street. If the Council had no objections, he was asking the City Attorney to review the Buena Park and Norwalk anti-graffiti ordinances for possible implementation in Anaheim. The Council was highly supportive of the request. 79-1300 City Hall, Anahei.m~ California - COUNCIL MINUTES - Nov~,ber 13~ 1979~ 1:30 P.M. 156: NEIGHBORHOOD MEETING - ANAHEIM BOULEVARD: The Mayor reported on his atten- dance at another neighborhood meeting with residents in the 700 block of North Anaheim Boulevard who were experiencing problems from the commercial area backing up to their residential area involving a beer bar and a temporary personnel agency where a number of undesirables were hanging around. In a couple of weeks, the Council would be receiving a report as to what could be done to help that neigh- borhood in their dilemma. 108: BUSINESS LICENSE SURVEY: Mayor Seymour stated they had received an inquiry from a Mr. Haggerty of Fullerton who offered his services to Anaheim relative to business licenses. In doing a survey, he suggested that he could save the City large sums of money by identifying many businesses that did not have licenses, but he was told that Anaheim was not interested. He (Seymour) had been told that recently the City of Buena Park hired Mr. Haggerty and allegedly the results of his work at $15 an hour was to identify 410 unlicensed businesses resulting in substantial revenues to the City. The Mayor thereupon requested the City Manager to obtain the report from Buena Park relative to the alleged success of the program. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Overholt seconded the motion. MOTION CARRIED. Adjourned: 5:27 P.M. LINDA D. ROBERTS, CITY CLERK