1983/11/01City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRE SENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay (entered at 10:14
a.m.) and Roth
COUNCIL MEMBERS: None
CITY bLANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
PLANNING DIRECTOR: Ronald Thompson
DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi
PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt
ASSISTANT DIRECTOR FOR PLANNING: Joel Fick
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Don Dexter, First Presbyterian Church gave the Invocation.
FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Special Olympics Day in Anaheim, November 4, 1983.
Alzehimer's Disease Month in Anaheim, November 1983
Chemical People Month in Anaheim, November 1983
Mary Kay Murlis accepted the Alzehimer's Disease proclamation; Jody Welsh
accepted the Chemical People Month proclamation.
119/140/106: PRESENTATION - ~2,500 CHECK FOR THE BOOKMOBILE OUTREACH
PROGRAM: Mr. Fred Brown, President of the Anaheim Host Lions Club, presented
a check for $2,500 to William Griffith, City Librarian, for use in the
Bookmobile Outreach Program. Mr. Griffith accepted the check on behalf of the
City; Mayor Roth, on behalf of the Council and the City thanked Mr. Brown and
the Lions Club for their generous contribution and support of a much needed
program. He then gave the background relative to the Bookmobile Program and
the slide show that had been produced and which was available for viewing to
service clubs and other groups in the hopes of gaining additional funding
contributions to continue the Bookmobile Outreach Program now and in the
future.
Councilman Bay entered the Council Chambers. (10:14 a.m.)
865
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
MOTION: Councilman Roth moved to ~ppropriate 32,500 into Program No.
01-177-3196 and to permit on the side of the bookmobile van the name of the
Anaheim Host Lions Club as being one of the co-sponsors of the Program, as
well as the names of any club who contributes to its support, in accordance
with the ruling of the City Attorney. Councilman Pickler seconded the
motion. MOTION CARRIED.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council to be presented to Duane Winters,
Fullerton Council Member, for his 15 years of dedicated service to the League
of California Cities.
119: RESOLUTIONS OF APPRECIATION: In an effort to recognize those involved
in the City receiving the International City Management Association (ICMA)
Local Government Education Award, Resolutions of Appreciation were unanimously
adopted by the City Council and presented to the following five entities
represented by those involved in the respective youth programs: Anaheim Union
High School District, Don Liebhard, Assistant Superintendent of Personnel;
Anaheim City Elementary School District, Dr. James Briar, Superintendent;
Police Department, Chief Jimmie Kennedy--Officer Scotty Program, Canine
Officer Scotty, Officer Jim Moore, Lt. Martin Mitchell; Officer Able
Program--Lt. Stan Kantor, Sgt. Bill Donaghue; Junior Police Club--Sgt. Ken
Brott; Parks, Recreation and Community Services, Chris Jarvi, Director--Kids
for Parks Program--Sam Morita; Youth Commission, Youth of the Year Award and
Youth in Government Day programs--Jack Kudron and Marie Dixon.
Mayor Roth, on behalf of the Council, then presented City Manager William
Talley with a Resolution of Appreciation in recognition of his leadership,
which enabled the youth programs in the City to succeed. Mr. Talley had
previously been presented with the ICMA 1983 Local Government Education Award
at ceremonies held in Kansas City, Missouri, on October 11, 1983.
MINUTES: Councilwoman Kaywood moved to approve the minutes of .the regular
meeting held October 11, 1983. Councilman Bay seconded the motion. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,186,526.25, in
accordance with the 1983-84 Budget, were approved.
~IYY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Roth, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
866
City Hall~ Anaheim~ California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 83R-422 through 83R-426, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims filed against the City were rejected and
referred to Risk Management:
a. Claim submitted by Mrs. John H. Coventon for personal property damages
to household appliances purportedly sustained due to a power surge at 3312
West Stonybrook Drive, on or about September 11, 1983.
b. Claim submitted by Reliable Elevator (Elwood S. Smith) for personal
property damages to automobile tire purportedly sustained due to a loose
tire buster at the Convention Center east parking lot rear exit, on or
about September 14, 1983.
c. Claim submitted by Brad Howie for personal injuries purportedly
sustained due to a slip-and-fall accident caused by a wet floor at Anaheim
Stadium, on or about June 10, 1983.
2. The following correspondence was ordered received and filed:
a. 105: Community Redevelopment Commission--Minutes of September 28,
1983.
b. 140: Public Library--Monthly Statistical Report for September 1983.
3. 160: Authorizing the Purchasing Agent to issue a purchase order, without
competitive bidding, to Computer Services Corporation in the amount of 514,681
for one Type 100, six-phase traffic controller with central controller
interface unit.
4. 160: Accepting the low bid of United Metering Company in the amount of
510,061.65 for 24 each Form 9S meters and 12 each Form 5S polyphase electric
meters, Item Nos. 1 and 2, in accordance with Bid No. 4039.
5. 160: Accepting the low bid of United Metering and Load Management Systems
in the amount of 549,143.97 for 1,728 single-phase electric meters, in
accordance with Bid No. 4040.
6. 160: Accepting the bid of General Electric Company in the amount of
538,087.92 for two each 1,500 KVA three-phase padmount transformers, in
accordance with Bid NO. 4041.
7. 160: Authorizing the Purchasing Agent to issue a purchase order to Joseph
N. Baker Enterprises, Inc., in the amount of ~17,178.50 for the purchase of
the "Investment in Excellence" training program.
867
City Hall, Anaheim~ California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
8. 106/174/156: Authorizing the transfer of $3,000 in Community DeVelopment
Block Grant carryover funds to the Crime Prevention Program for purchasing
metal signs, engravers and window stickers for the Neighborhood Watch Program
in the CDBG target area.
9. 123: Authorizing the Mayor and City Clerk to sign Parcel Map No. 239
relating to property located at the southwest corner of Santa Aha Canyon and
Weir Canyon Roads in the Bauer Ranch area, in accordance with an agreement
with The Kent Land Company dated January 8, 1980.
10. 153: Authorizing the Human Resources Department to solicit proposals
from firms interested in providing temporary help services for calendar year
1984 and to implement the fifth year outside agency temporary help program.
11. 170.123: Approving the assignment of rights under the March 4, 1980
special water facilities reimbursement agreement with Haven Hill to George
Leonard, relating to Tract No. 9749 in the Anaheim Hills area as follows:
Incgro and Company to Johnson Levine and Company, June 1, 1983--Johnson Levine
and Company to George Leonard, June 15, 1983.
12. 180: Accepting the offer of Rollins Burdick Hunter, the City's Broker of
Record, dated October 20, 1983, to place the City's order for law enforcement
liability insurance for the period of September 1, 1983 to September 1, 1984
at an auditable premium cost of ~78,903.30, providing coverage of 3100,000 per
person, $300,000 per occurrence, $600,000 annual aggregate, subject to a
~2,500 per occurrence deductible.
124: RESOLUTION NO. 83R-422: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REJECTING ALL BIDS FOR CONSTRUCTION OF THE FOYER CANOPY ENTRANCE AT
THE ANAHEIM CONVENTION CENTER, ACCOUNT NO. 24-969-7107.
167: RESOLUTION NO. 83R-423: 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: INSTALLATION
OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT KATELLA AVENUE AND CLAUDINA
WAY/KATELLA WAY, IN THE CITY OF ANAHEIM, FEDERAL NO. HES-L030(007) - ACCOUNT
NO. 49-795-6325-E5250. (Steimy and Company, Inc., contractor)
101: RESOLUTION NO. 83R-424: 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: ANAHEIM
STADIUM RESTROOM ADDITIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-958-6325.
(Martin Resnik Construction Co., Inc., contractor)
868
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
158: RESOLUTION NO. 83R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Automobile
Club of Southern California; Robert Charles Stovall, et ux.; John Wielenga, et
158: RESOLUTION NO. 83R-426: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY IN THE CITY OF ANAHEIM FOR
CERTAIN PUBLIC PURPOSES. (City Property Nos. 214, 2, 4, 5, 6, 7 and 8)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-422 through 83R-426,
both inclusive, duly passed and adopted.
169/131: SOUTHERLY EXTENSIONS OF IMPERIAL HIG~4AY/LOMA STREET AND SERRANO
AVENUE: City Manager William Talley briefed the joint staff report from the
Planning and Engineering Divisions, dated October 28, 1983, recommending that
by resolution, the City convey the following to the city of Orange: (1) That
the southerly extensions of Imperial Highway/Loma Street and Serrano Avenue be
constructed in conformance with the Master Plan of Arterial Highways (MPAH) of
the County, City of Orange and Anaheim. (2) That the approval of tentative
Parcel Map No. 83-765 be conditioned requiring dedication and improvement for
Serrano Avenue.
Mayor Roth stated prior to taking any action, a gentleman in the Chambers
audience wished to speak to the issue.
Mr. George Mason stated he was present representing Texaco-Anaheim Hills, the
owners of the property in the vicinity of the extension of Loma and property
through which a portion of the extension of Loma would be constructed. They
were also the applicant for the approval of tentative Parcel Map 83-765.
First, with regard to the extension of Loma and its connection to Imperial
Highway as it had been constructed southerly from Nohl Ranch Road,
Texaco-Anaheim Hills had no objection and supported that connection. With
regard to the southwesterly extension of Serran0, likewise, they recognized
that at some point, that connection between Serrano where it now ended and
Nohl Ranch Road, and where it had been extended in connection with the
development of the Maybury Ranch and Autumn Ridge Projects wou%d become
necessary. They had no objection to supporting the ultimate construction of
Serrano. However, they were strenuously opposed to any effort to condition
Tentative Parcel Map 83-765 on the construction of that extension of Serrano.
He then explained the status of the application for a parcel map with the City
of Orange and what had occurred since their application was filed on August 1,
1983.
869
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
Working from a posted aerial map of the area involved, Mr. Mason pointed out
the geographic relationships between Parcel Map 83-765 and the area of
Serrano. In concluding, he stated that there were no studies, reports or
indications from anyone, the traffic engineers or any of the planners,
suggesting that the extension of Serrano in any way formed a means of ingress
or egress to the area covered by the Parcel Map. They were two totally
disassociated areas. Under the Subdivision Map Act of the State of
California, a Parcel Map may be conditioned for off-site improvements only for
those improvements for the parcel under consideration. The entire area
remaining within the City of Orange was the so-called "remainder" parcel and
it was not being subdivided. It was their position with the City of Orange
that it was not proper and, in fact, unlawful to endeavor to condition a
parcel map on a single parcel filed solely for purposes of conveyance and
financing on the construction of an off-site improvement which had no
relationship whatsoever to that parcel. He was requesting that with regard to
the second phase of the proposed resolution before the Council today
(Recommendation No. 2 aforementioned), that they not support the conditioning
of that Parcel Map on the construction of Serrano at this time.
City Manager Talley stated he would like to have the Planning staff address
the issue, because he felt it was broader than what had been presented. When
Anaheim Hills was created, now Texaco-Anaheim Hills, there were a number of
conditions, thoughts, agreements and concepts implicit in the overall
development of that planned community. It was contemplated at the time that
the overall development would be undertaken by one entity. Now, the City was
becoming responsible for certain costs it did not dream it would be
responsible for at the outset. They were all aware that Texaco-Anaheim Hills
on a number of occasions had tried to divest itself of its entire holdings.
What was now occurring, as he saw it, if they were allowed to divest
themselves incrementally of parcels, it might be in somebody's best economic
interests to sell off the so-called "good" parcels and then walk away from
some of the other promises, commitments, and overall planning on which they
had based 20 years of City investments, strategies and expenditures. What
they were trying to do today was reaffirm some of the original plans, so that
at some point, the City was not going to be "stuck" for improvements, securing
rights of way and performing other tasks that they had originally contemplated
would be performed by an overall land owner. He felt that the development of
the east canyon area in Anaheim was an entity. When they started looking at
that land in terms of individual parcels or tracts, they might do so at their
economic peril if at one point what remained was not worth developing and if
they had to at that point complete the public improvements that were
contemplated for the overall development of the area. He asked that staff
address that topic and their other concerns.
Mr. Joel Fick, Assistant Director for Planning, focusing his comments on
Serrano Avenue, reported that on November 7, 1983, the City of Orange Planning
Commission would be considering the Tentative Parcel Map approval that would
split off what was called Area 20 in Anaheim Hills, a 253-acre portion, from
the balance of the Anaheim Hills ranch, entirely within the Sphere of
Influence of Orange. Staff indicated verbally to them that they would be
870
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
recommending to their Planning Commission that the Tentative Parcel Map be
conditioned upon the dedication and improvements associated with Serrano
Avenue. There had been representation earlier this year from representatives
of Anaheim Hills, Mr. Mason in particular, that the land use area immediately
adjacent to what would be the extension of Serrano Avenue in and of itself was
financially not capable of allowing that improvement to occur solely based on
the carrying capacity of the land uses in that area. As a result, staff from
bot~ Anaheim and Orange were concerned that if parcel maps were approved
separating portions of the ranch, allowing it for sale to other owners,
existing obligations that pertained to the overall planned community concept
for Anaheim Hills may not be achievable and, in fact, precluded. As a result,
staff took the item to the Anaheim Planning Commission yesterday and the
Commission wholeheartedly and unanimously recommended that the City Council
encourage the City of Orange in their efforts.
Mr. Mason then corrected what he felt were misunderstandings or misstatements
that had been made during which he pointed out the necessity for a realignment
of Serrano and a replanning of the property in question, since it was
impossible economically at this time for anyone to construct Serrano according
to the alignment proposed three or four years ago, estimated to cost $6.5
million. He also emphasized that Area 20 had nothing to do with Serrano--it
never had and never would.
Councilwoman Kaywood asked if the property was part of the original 4200 acres
comprising the Anaheim Hills Planned Community; Mr. Mason stated it was a part
of the 4200 acres of the Nohl Ranch acquired by the Grant Corporation in 1970.
Councilwoman Kaywood then stated that the entire 4200 acres was under one plan
and never intended to be parcelized. It was one plan from the beginning.
Further discussion and questioning followed between Councilwoman Kaywood and
Mr. Mason, during which Mr. Mason stated he felt what they were trying to do
was not inconsistent with what the development plan had been since the outset.
Mayor Roth asked how development could be accomplished without the
continuation of Serrano; Mr. Mason stated he did not have a ready answer, but
they did recognize the extension of Serrano was the key not only to the
development of the area within the City of Orange, ~but also to the remaining
areas within Anaheim. They had so advised their principal and indicated the
necessity and importance of the plannir~ within the area through which Serrano
would pass, so that those areas could be developed economically and the
extension of Serrano provided.
Councilman Overholt asked the City Attorney if he shared the opinon of Mr.
Mason that it would be illegal to attach such a condition to approval of a
tract map; City Attorney Hopkins stated they would have to give the matter
further study, but he did not believe it would be illegal, nor would it be
illegal to adopt a resolution as proposed by staff, It was merely a
resolution asking the City of Orange to take a certain action.
871
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
Councilwoman Ka~ood recalled that this was the subject area of the Northeast
Orange County Circulation Study (NEOCCS) and former Mayor Seymour was a member
of the Committee wherein they labored long and hard to get Serrano cut through
and extended.
Traffic Engineer Paul Singer confirmed that was correct and noted that he had
served with Mr. Seymour on that Committee and it was one of the vital links,
along with Imperial Highway. He also pointed out that the alignment of
Serrano referred to by Mr. Mason was designed by Anaheim Hills and, therefore,
it could be realigned.
Mayor Roth reiterated his position that the circulation planned to be provided
by Serrano was absolutely imperative and he was looking for assurances that
Serrano would be built, but not necessarily exactly as diagramed; Mr. Mason
stated he had no authorization to make commitments of such magnitude. They
had recommended that the area be studied and preliminary indications were that
a feasible plan could be developed which would economically justify the
construction of the road and create property values within the alignment of
that road, which would enable the developer to recover his money and a
reasonable profit for the work he would do.
Council Members then posed additional questions to Mr. Mason.resulting in
further discussion which necessitated input and clarification by staff. At
the conclusion of discussion, Councilman Overholt suggested that the language
in the resolution be changed to state that approval of the Tentative Parcel
Map be considered by the City of Orange in a manner consistent with the
extension of Imperial, Loma and Serrano, and Mr. Mason could "wrestle" with
Orange as to how it was going to be done.
Planning Director Ronald Thompson stated key to the issue was that Anaheim
Hills, both in the City of Anaheim and Orange, before selling or parceling off
land, was going to have to develop a plan to ensure the future extensions of
Serrano, Imperial and Loma. Establishing a fee for ali dwelling units that
would be built might be one way. Staff was very concerned that if the parcels
were sold off individually with no dedication or studies provided, that the
last few units would never support the public facilities that were so vital,
even more so for Anaheim than Orange.
Councilman Overholt then asked why they did not say that--that Anaheim takes
the position of denying approval of any tentative tract maps until such time
as the developer provides a program for the extension of Serrano; Mr. Thompson
stated he would have no problem with that, and also, Imperial and Loma.
Councilman Overholt confirmed that they wanted to have Mr. Mason'~s company
provide a proposal that he was authorized to commit to in cooperation with the
City of Orange and Anaheim that would assure the citizens of Anaheim and
Orange that the arterial was going to be constructed.
872
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
Mayor Roth reiterated it was imperative that Serrano be extended. However, he
could not support and would either abstain or vote "No" on Recommendation
No. 2 proposed by staff to be included in the resolution. To him, it
indicated a precise route and that the ~6.5 million in improvements be
completed before the tract was approved.
Councilman Bay stated he felt the essence of Councilman Overholt's change
pertained to not tying it to one specific tentative parcel map, but to all the
maps within the whole planned community of Anaheim and Orange and that without
some agreement on the extension of Serrano, neither Orange nor Anaheim approve
any maps.
During the discussion, staff had been working on a proposed change to
Recommendation No. 2 in their report, which was also included in the
resolution. The change was as follows:
That the City of Anaheim encourages the City of Orange, along wi~h the City of
Anaheim, to require Texaco-Anaheim Hills, Inc., to complete an action plan to
determine the alignment, financing and construction of Serrano Avenue prior to
any future parcelization within the Texaco-Anaheim Hills, Inc., property
boundaries.
Councilman Overholt thereupo~ offered Resolution No. 83R-427 for adoption,
substituting the wording as articulated by Mr. Fick in the appropriate section
of the resolution. Refer to Resolution Book.
RESOLUTION NO. 83R-427: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RECOMMENDING TO THE CITY OF ORANGE THAT (1) THE EXTENSIONS OF IMPERIAL
HIGHWAY/LOMA STREET AND SERRANO AVENUE BE DEVELOPED IN ACCORDANCE WITH THE
CURRENT MASTER PLAN OF ARTERIAL HIGHWAYS OF THE COUNTY AND THE CITIES OF
ORANGE AND ANAHEIM AND (2) AN ACTION PLAN TO DETERMINE THE ALIGNMENT,
FINANCING AND CONSTRUCTION OF SERRANO AVENUE BE REQUIRED PRIOR TO ANY FUTURE
PARCELIZATION WITHIN THE TEXACO-ANAHEIM HILLS, INC. PROPERTY BOUNDARIES.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickier, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-427 duly passed and adopted.
150/139: AB 737 (HARRIS) - BILL TO INCREASE STATE FUNDING FOR URBAN PARKS:
Mr. Chris Jarvi, Director of Parks, Recreation and Community Services, briefed
the Council on joint memorandum from his Department and the Intergovernmental
Relations Office, dated October 31, 1983, recommending that the Council adopt
a supportive position on the subject bill and acknowledging the need for
additional State assistance in the provision of urban park and recreation
facilities. The memorandum discussed the background leading to the proposed
bill in detail (on file in the City Clerk's office).
873
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
MOTION: Councilwoman Kaywood first reported that the vote at the Park and
Recreation Commission meeting was unanimous in support of the recommendation.
She thereupon moved approval of the staff recommendation.
Before any action was taken, Councilman Bay stated that he did not have any
arguments with what the bill proposed to do, but where the money was going to
come from to do it. He wanted to know if there was any feeling as to what the
split might be in Sacramento; Mr. Jarvi answered that the first legislative
hearing, which was to be held in Los Angeles on November 7, 1983, was a fact-
finding hearing to determine the need for the legislation in the first place
and there would be discussion as to where the money was going to come from.
At this point, however, they were only asking for a motion indicating Council
support.
Councilman Bay stated he could support the concept and he knew there was a
need, but he did not think he could vote to take a supportive position on AB
737 when he had not heard both sides of the argument, the issue being where
the money was going to come from. He felt that the wording of the motion was
critical; Councilwoman Kaywood noted that the motion was to support the
concept.
Councilman Pickler seconded the motion.
A vote was then taken on the foregoing motion, clarified as follows: That the
City Council supports the concept of the need for AB 737 relating to urban
park and recreation facilities. MOTION CARRIED.
175: PERALTA HILLS WATER COMPANY - REQUEST TO DISCUSS POTENTIAL ACQUISITION
BY THE CITY: Request of Roland F. Krueger, President of the Peralta Hills
Water Company, to discuss the potential acquisition by City of the Water
Company. Submitted was a report dated October 11, 1983, from the Public
Utilities General Manager, Gordon Hoyt, which discussed the request (on file
in the City Clerk's office).
Mr. Roland Krueger, 561 Peralta Hills Drive, first briefed the Council on the
history of the Peralta Hills Water Company (PHWC) and the background leading
to the takeover of the Water Company by the City, which had been in
negotiation for a number of years. The City staff and the Board of Directors
of the PHWC had now reached agreement on all points of the City takeover
except for one, that being the question of reimbursement of a portion of the
Peralta Hills Water Company facilities based on a policy statement made a
number of years ago by the City Council when Peralta Hills annexed to the
City. He read from page 9810 of the minutes of the Council meeting of
November 22, 1966--"That the City Council approve as a policy of the City for
future acquisition of private water facilities as a result of annexation, the
statement outlined in letter dated November 23, 1966, and that said letter be
forwarded to the Peralta Hills Water Company Board of Directors. MOTION
CARRIED."
874
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
Based on current City procedures, the staff had not included any payment
recommendation in the proposed takeover agreement. .He, therefore, had an
obligation to the stockholders to present the issue to the Council as the
policy-making body. At the conclusion of his presentation, Mr. Krueger stated
that the PHWC had lived up to its commitment in constructing new facilities
added to meet City standards and felt a reasonable compromise would be for the
City to pay the PHWC for replacing the distribution system; however, they were
not even asking that that high level of reimbursement be made, rather they
were only asking that they be paid actual out-of-pocket costs amounting to
approximately ~140,000. They were requesting that the City follow the intent
of the policy statement relative to City actions by honoring the policy
established by the 1966 Council for the PHWC acquisition.
Mayor Roth noted that one of the issues Mr. Krueger did not cover was the
reason and anxiety of the residents for wanting to connect to the City water
supply, that being the possible extreme fire hazard because of low water
pressure. He also noted that the Utilities Department position, as stated in
their report of October 11, 1983, was that there should be no payment to PHWC
for their system, since the well, pumping equipment, reservoir and
transmission main were of no benefit to the Department and would not be a part
of the acquisition and, further, that the Water Utility had budgeted ~125,000
to cover the cost of integrating the PHWC system into the City system.
Mr. Krueger stated the basic question was not whether it should happen, but
whether the City Council wanted to follow the policy recommendation that a
previous Council put forth.
City Attorney William Hopkins then clarified for Mayor Roth that there was no
legal document or legal obligation requiring the City to make any payment.
Public Utilities General Manager Gordon Hoyt explained that they had been
negotiating with PHWC for many years and generally came to the same "sticking
point" as to whether or not there was anything required of the City in terms
of compensation to the Water Company. He agreed that Mr. Krueger had done an
excellent job in developing the facilities, but as he (Hoyt) saw it, it was
now going to cost approximately 3125,000 to integrate the system into the City
system in order to provide an appropriate level of service. He felt that
there was no net benefit to the City in acquiring the system and, therefore,
they would just about break even by the time they were finished with that
connection.
Council Members then posed a line of questioning to Mr. Krueger at the
conclusion of which Mayor Roth reiterated the City Attorney's statement that
the City had no obligation to pay for the system. However, in fairness and in
order to provide adequate fire protection and water pressure to the Peralta
Hills area, the City was going to expend ~125,000 to integrate the PHWC system
to the City system, which to him was a good compromise.
Mr. Krueger confirmed that they did favor merging into the City's system and
their strong recommendation would be to come into the City.
875
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
MOTION: Councilman Roth moved to authorize the hookup of the Peralta Hills
Water Company (PHWC) system to City mains, subject to the approval of the PHWC
stockholders and subject to the terms and conditions of an agreement to be
negotiated between PHWC and the City to be approved by the City Council;
acquisition to be made without compensation to the PHWC.
Before action was taken, Mayor Roth clarified that his motion meant that the
City would not pay the requested 3140,000, but that the cost to integrate the
system as previously articulated would be borne by the C~ty.
Councilman Pickier seconded the foregoing motion. MOTION CARRIED.
107/142: ORDINANCE NO. 4458: Councilwoman Kaywood offered Ordinance No. 4458
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4458: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 1,
CHAPTER 1.01, SECTION 1.01.389 AND ADDING A NEW TITLE 1, CHAPTER 1.01, SECTION
1.01.389 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF THE CODE -
CODE ENFORCEMENT AND HOUSING SUPERVISOR.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4458 duly passed and adopted.
179: ORDINANCE NO. 4459: Councilman Pickler offered Ordinance No. 4459 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4459: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (83-84-2, CL zoning, 1251
North Harbor Boulevard)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4459 duly passed and adopted.
114: PROPOSED CHANGE IN MEETING TIMES - REDEVELOPMENT AGENCY, HOUSING
AUTHORITY AND COUNCIL: Councilman Overholt stated he was going to make a
motion at this time, but as a part of that motion, he was going to provide
that a vote be taken on it in two weeks, on November 15, 1983. That time
frame would provide an opportunity for the Council to talk about the proposal
amongst themselves, for the general public to comment, and for the press and
staff to also give their comments. With the present scheduling of meeting
876
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
times starting their official day ~[ 9:30 a.m., it effectively blocked out
every Tuesday for anything other than formal Council activity. It was his
belief that encouraged inefficient utilization of time. The thrust would be
to make the times when things happened to be more predictable and make their
official Council meetings one-half day, rather than a whole day.
MOTION: Councilman Overholt thereupon moved that the schedule of regular
Redevelopment Agency, Housing Authority and City Council meetings be changed
as follows:
(1) That the vote on the motion will take place in two weeks, November 15,
1983. (2) If the motion passed at that time, that it would go into effect on
the first regular meeting following any matters that had been scheduled for a
time certain, and that the schedule be changed as follows:
That the regular Council meeting, Redevelopment Agency and Housing Authority
meetings be convened at 12:00 noon on Tuesdays and at that time, announcements
made with respect to Closed Sessions for any of those three agencies. In the
unlikely event that there were no Closed Sessions, the Council would then
recess to lunch. If there were Closed Sessions, the Council would recess to
Closed Session and then return at 1:20 p.m. to take the agendized items on the
Redevelopment Agency agenda, at 1:25 p.m. take the agendized items on the
Housing Authority agenda, and at 1:30 p.m. to continue with the agendized
items on the Council meeting, and that public hearings be scheduled for 3:00
p.m.
Councilman Overholt then reiterated they would have two weeks to talk about
the proposal. He was happy to understand that other Council Members had been
inquiring as to the amount of time they had been spending in Closed Session
and Open Session. He felt it was time to talk about the situation and if a
change was in order, to try something different.
Councilman Pickler seconded the motion.
Mayor Roth stated he was ready to vote "No" today.
Councilman Pickler then confirmed that he had requested of the City Clerk how
much time they spent each Tuesday in the Council Chambers.
Mayor Roth stated if a report was going to be prepared, he was interested in
going back the last six months to see what time the meetings started and
adjourned, with a breakdown of the number of hours from calling the meeting to
order under the Redevelopment Agency until time of final adjournment. He felt
that starting a Council meeting at 2:00 p.m., 3:00 p.m. or 4:00 p.m. would
curtail discussion. He did not think it would change anything, but instead
revert back to Council meetings lasting until 1:00 a.m. and 2:00 a.m., with
the press having to prepare copy for 9:00 a.m. and City staff who had to
attend the meetings requesting compensatory time off.
877
City Hall, Anaheim, California - COUNCIL MINUTES - November 1, 1983, 10:00 A.M.
City Clerk Roberts then clarified that Councilman Pickler asked for starting
and ending times of the meetings, and other members had asked for actual time
spent in specific meetings and actual time spent in Closed Sessions. She was
going to be combining all requests into one report.
Councilman Bay stated he assumed the report would deduct the time spent at
lunch and going to and from the restaurant, where there was no City business
taking place; Mrs. Roberts answered, if the action was to recess to leave the
premises for lunch, it would be so indicated.
111: HALLOWEEN FESTIVAL AND PARADE: Council Members commented on the
excellent 60th Anaheim Halloween Festival and Parade, the Parade having been
held on Saturday evening, October 29, 1983. Mayor Roth asked that a letter of
appreciation and thanks be prepared and sent to the Halloween Committee and a
separate letter to Arlene Taormina, commending them for the excellent job they
did in presenting this year's Festival and successful parade, the letters to
be signed by all Council Members.
173: LIGHT RAIL SYSTEM - VANCOUVER, BRITISH COLUMBIA: Mayor Roth then
reported on his trip to Vancouver, British Columbia, on Thursday and Friday,
October 27 and October 28, 1983, as a guest of the Canadian Government, to
view the unveiling of that City's light rail system. The whole purpose was a
briefing and demonstration of their new system, most of which would be
elevated, plus utilization of an existing rebuilt train tunnel. The total
length of the regional system would be 12.4 miles, costing an estimated 3800
million and anticipated to carry 10,000 passengers per hour. The train was
run by computers only, work was presently progressing on schedule with the
demonstration train operating 8 or 9 hours a day.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation and potential litigation with no action anticipated.
Councilman Roth moved to recess for a lunch break and then Closed Session.
Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:47 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:16 p.m.)
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (4:16 p.m.)
LINDA D. ROBERTS, CITY CLERK
878