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1982/03/23City Hall, Anaheim, California - COUNCIL MINUTES - M~fch ~3~ 1982, 1:30 P.M. The City Council of the City of Anaheim met in regular session. P RE SE NT: AB SENT: PRESENT: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour (entered at 1:40 p.m.) COUNCIL MEMBERS: Bay CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts DEPUTY CITY MANAGER: James D. Ruth ASSISTANT CITY MANAGER: William T. Hopkins ACTING CHIEF OF POLICE: Jimmie A. Kennedy POLICE LIEUTENANT: Stanley S. Kantor TRAFFIC ENGINEER: Paul Singer ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick Mayor Pro Tem Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Rick Gastil, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Seymour and authorized by the City Council: "Gymnastics Week in Anaheim" - March 21-27, 1982 "Festival Japan Days in Anaheim" - March 27 and 28, 1982 Mrs. Mary Jones, Community Relations Coordinator, Disneyland, Mr. Hal Parker, Vice President, Continental Insurance, and Mickey Mouse (in Japanese regalia) accepted the proclamation. 123/150: REQpEST,?OR, ~FMppRA~Y FINANCIAL ASSISTANCE FROM THE WEST ANAHEIM LITTLE LEAGUE: Councilwoman Kaywood explained that she received a telephone call from Mr. Stephen Staveley, President, Governing Board of Trustees of the Magnolia School District, and representing the West Anaheim Little League, who were presently in the process of completing a ~30,000 concession building at Maxwell Park. However, they needed $4,000 to tie into the sewer lateral and were asking that the City finance the same, with repayment to be made within a year. Mr. James Ruth, Deputy City Manager, explained that the Council had previously approved agreements with the Little League to build the restroom facilities, one of the conditions being that they run a line to the sewer line in the 276 C~t~ Hal!~.6naheim; California - COUNCIL MINUTES - March 23; 1982, 1:30 P.M. street which was a costly and expensive part of the agreement. They had money in the Sewer Fund and would pay for the improvements on an emergency basis if determined to be an emergency. There was also a contractor in the immediate area doing some additional sewer work who they could negotiate with, if given the authority relative to installing the subject line which hopefully could be accomplished by Friday for the weekend activity. The City presently had an agreement with the West Anaheim Little League for the building of the snack bar and if authorized, would make any change an amendment to that agreement. MOTION: Councilwoman Kaywood moved to advance $4,000 from the Sewer Fund to the West Anaheim Little League on the basis that the funds would be repaid in one year, to be accomplished through an amendment to the existing agreement with that group. Councilman Overholt seconded the motion. Council Members Bay and Seymour were absent. MOTION CARRIED. Councilman Seymour entered the Council Chambers. (1:40 p.m.) MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held May 19, 1981, May 26, 1981, November 3, 1981, and December 1, 1981, and to continue approval of the minutes of October 27, 1981 for one week. Councilman Overholt seconded the motion. Councilman Seymour abstained from the minutes of May 26, 1981, because he was not present. Councilman Bay was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,542,466.37~ in accordance with the 1981-82 Budget, were approved. CITY MANAGER/DEPART~NTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the following items were approved as recommended. a. 174: Approving a proposed statement of community development objectives and projected use of $2,228,470 in 1982-83 Community Development Block Grant Funds for the purpose of publication of the statement for citizen review. b. 160/124: Bid No. 3848: Closed Circuit Television Equipment for Convention Center. Award to Pacific Video Products, $19,413.37. c. 160: Bid No. 3850: 120 Polyphase Meters. Award to Westinghouse Electric Supply, $20,282.04. 277 citY Hall, Anaheim, California - COUNCIL MINUTES - Marc~.2.~ 1982, 1:30 P.M. d. 160/124: Authorizing the Purchasing Agent to award a purchase order to Brogna & Sons in the amount of $88,245 for refurbishing 3,000 Convention Center Clarin chairs. e. 153: Receive and file the Affirmative Action Annual Report for Calendar Year 1981. f. 156: Accepting a grant award from the State office of Criminal Justice Planning in an amount of $100,000 for a Career Criminal Apprehension Program, and appropriating said funds into Program No. 01-195. g. 123: Approving the assignment of Neptune Investment Company's rights in the special water facilities reimbursement agreement relating to Tract No. 9933 to M. C. and Jean L. Pardini. h. 123: Approving the assignment of Eastridge Estates' II rights in the special water facilities reimbursement agreement relating to Tract No. 9466 to Cai Fed Enterprises. Councilman Bay was absent. MOTION CARRIED. 123: SHARED HOUSING PROGRAM FOR THE ELDERLY: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, a contract was authorized with the County of Orange for the purpose of implementing the Shared Housing Program for the Elderly funded in the amount of $52,100 by HUD, terminating April 1, 1984, as recommended in memorandum dated March 9, 1982, from the Executive Director of Community Development, Norman Priest. Councilman Bay was absent. MOTION CARRIED. 115/123: ORIGINAL WORK OF SCULPTURE AT THE ANAHEIM CIVIC CENTER: City Clerk Linda Roberts announced that Mrs. Eileen Anthony requested that the subject be considered in one week, since she was unable to attend today's meeting due to illness. On motion by Councilman Roth, seconded by Councilwoman Kaywood, consideration of the subject was continued one week. Councilman Bay was absent. MOTION CARRIED. 139/156: AB-2480 (NOLAN) - CONCEALED WEAPON PERMITS: City Manager William Talley briefed the Council on memorandum dated March 16, 1981, from the Police Department and Intergovernmental Relations Office recommending opposition to AB-2480 (Nolan) which would eliminate Police Chief discretion in the issuance of concealed weapon permits (on file in the City Clerk's office). They had received inquiries as to the purpose of the bill and he asked Captain Kennedy to be present today. Staff's position revolved around the issue of the erosion of local control, removing the discretion of the Chief of Police in issuing concealed weapon permits. 278 City Hall, Anaheim~ California - COUNCIL MINUTES - March.~pz.~98~; !:30. p;~. Acting Police Chief 3immie Kennedy stated the concern of the Police Department would be, if the system they had been working under successfully for over twenty-four years, would be altered by the passage of the bill. They also felt that the number of guns in the community being carried concealed would increase. They wanted to maintain local control wherein the Chief had the discretion as to whether or not permits would be issued. Mr. Talley then explained the status of the bill for Councilman Overholt. It was to be heard by the Criminal Justice Committee on March 29, 1982, and there was heavy opposition to it by Police Chiefs throughout the State. It was their opinion that passage of the bill in its current form was unlikely, with final action dependent upon the scope of amendments. Mayor Seymour thereupon expressed some serious concerns about the bill in that if they sent letters of opposition, they would be supporting a form of gun control, and he was opposed to gun control. After further discussion and questioning of staff, Mayor Seymour stated he would not support the recommendation. Councilman Roth stated initially he agreed with the recommendation of opposi- tion to the bill, but in listening to the Mayor express his concerns that it was part of a gun control measure that would be perpetrated on the citizens of California, rather than taking action today, they should hold the matter off. He wanted assurances that the proposed bill was not an additional type of gun control. MOTION: Councilwoman Kaywood stated she had a problem changing a procedure which had been in effect in the City for at least twenty-four years. Their opposition would be to something which would again take away further local control, which control was being eroded every day from Sacramento. She there- upon moved to oppose AB-2480, as recommended. The motion died for lack of a second. Councilman Overholt stated that there were two aspects involved, the question of local control and the question of gun control. It seemed the bill was attempting to establish standards which apparently did not presently exist on the issuance of concealed weapon permits. He could understand why the Police Chiefs' organization and Chief Tielsch would like to have the procedure remain as at present because it was totally at their discretion. Ne felt that was getting into the area of gun control. MOTION: Councilman Overholt moved, in accordance with Councilman Roth's suggestion, that the matter be tabled at this time. Councilman Roth seconded the motion. Councilman Bay was absent. Motion carried. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution Nos. 82R-157 through 82R-160, both inclusive, for adoption. Refer to Resolution Book. 279 City Hall, Anaheim, California - COUNCIL MINUTES - March 23~.1982~ i:30. P.M. 150: RESOLUTION NO. 82R-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE SCHWEITZER PARK RESTROOM BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-817-7105. (Leonard E. South and Son, Inc., $66,720) 150: RESOLUTION NO. 82R-158: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE EUCALYPTUS PARK BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-802-7105. (Chas. H. Schiermeyer and Son, Inc., $70,600) 150: RESOLUTION NO. 82R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE JOHN MARSHALL PARK BUILDING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 16-812-7105. (Dennis Bedell Contracting, $95,000) 113/156: RESOLUTION NO. 82R-160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD. (Traffic citations) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay The Mayor declared Resolution Nos. 82R-157 through 82R-160, both inclusive, duly passed and adopted. 153: INDUSTRIAL DISABILITY RETIREMENT APPLICATION - FRED G. DAVIS: City Manager William Talley briefed the Council on memorandum dated March 4, 1982, from the Safety Disability Retirement Committee, W. T. Hopkins, Chairman, r~commendinE that the Council Erant a disability retirement to Fred G. Davis effective March 16: 1982 (not S&ptember 26. 1981, as indicated in the memorandum). In addition~ they had~ under date of March 23~ 1982~ the information from the City attorney re~ardin~ the matter. Mr. S~th Kelsey, attorney for Mr. Davis, 16OO North Broadway, Santa Ana~ ~×plainmd that in Jan,,ary or Fmbruarv of thi~ year. the Deoartment of Fair Employment and Housing, a State A~ency, after ~avin§ Mr. Davis examined by an impartial orthopedist of their choice, in a letter to Human Resources Director Garry McRae, ordered the City to reinstate Mr. Davis to his last position. There had been no response to the last letter of February 18, 1982. In addition, he (Kelsey) presented a report to Mr. Hopkins which they received that mornin~ from an a~reed medical examiner in orthopedics, Dr. Asher. Dr. Asher's report of March 5, 1982, indicated Mr. Davis was able to return to his usual and customary occupation. Mr. William T. Hopkins, Chairman, Safety Disability Retirement Committee, reported that they did have the necessary medical examination take place by the City's examining doctor who performed medicals for police entry appli- 280 C~t~ Hall, Anaheim; California - COUNCIL MINUTES - M9~9~.~.,. !982, 1:30 P.M. cants, Dr. Ninburg,,the results of which were transmitted to the Council. Mr. Davis would, in a retirement, be receiving the same amount of money whether he was to retire under a regular retirement or under a disability retirement. Further, the Workers' Compensation Appeals Board had little to do with the disability retirement procedures that the City followed, and there was only one exception of which he was aware. Mr. Kelsey stated that Dr. Ninburg's examination did not last more than five minutes, whereas Dr. Gagnon from the State Department of Fair Employment and Housing, and Dr. Asher, conducted comprehensive medical orthopedic examina- tions with X-rays, both objective and subjective testing. Relative to the amount of money that Mr. Davis would receive, unfortunately, it failed to recognize the tax consequences to both the State and Federal Governments, upon which he elaborated. Also, the opinion of the orthopedist, Dr. Asher, was as binding or not as binding, not only in the Workers' Compensation case, but also to the Council as well, because they were vested with the authority under the Government Code to determine whether someone, on the basis of competent medical evidence, was able to return to his usual and customary occupation. There was also a Federal law requiring a city to make reasonable accommodations to employees who were disabled. In his opinion, the overwhelming medical evidence indicated Mr. Davis was able to perform his regular job. Mayor Seymour stated it would be appropriate to take action but he personally wanted to have a closed session on the matter before a decision was rendered, whether now or later. MOTION: Councilman Seymour moved to delay action on the subject until the Council concluded a Closed Session later in the meeting. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. Later in the meeting (4:05 p.m.), after a Closed Session, Councilman Roth offered Resolution No. 82R-162 for adoption, granting an Industrial Disability Retirement to Fred G. Davis, effective March 16, 1982, as recommended by the Safety Employees Disability Retirement Committee. Refer to Resolution Book. RESOLUTION NO. 82R-162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT FRED G. DAVIS IS DISABLED WITHIN THE MEANING OF THE PUBLIC EMPLOYEES' RETIREMENT LAW FOR THE PERFORMANCE OF HIS DUTIES IN THE POSITION OF POLICE OFFICER, MASTER ADVANCED. Before a vote was taken, Mayor Seymour stated he was going to oppose the resolution of approval because he felt that Mr. Davis had the capacity to continue on a basis where he may not be in an environment of being required to lift. A vote was then taken on the foregoing Resolution. 281 City Hall, Anaheim, California - COUNCIL MINUTES - March 23, 1982, 1:30 P.M. Roll call vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth NOES: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: Bay The Mayor declared Resolution No. 82R-162 duly passed and adopted. 163: DETERMINING THE NEED FOR A CROSSING GUARD - INTERSECTION OF MAGNOLIA AVENUE AND ORANGE AVENUE: City Manager Talley briefed the Council on memoran- dum dated March 9, 1982, from the City Engineer, William Devitt, recommending that the Council determine the need for a crossing guard at the subject inter- section, as recommended by the School Traffic Safety Committee. He also asked staff to prepare an exhibit (which was posted on the Chambers' wall) indicating that in the last four years, the number of crossing guards in Anaheim increased from 27 to 43. Council might wish to address the policy since each crossing guard added $5,100 or more to the City budget. School representatives were present to speak to the matter. Donna Henderson, President of the Maxwell School Parent-Teacher Association, stated they presented their case for a crossing guard to the School Traffic Safety Committee (STSC), and the Committee, because of extenuating circum- stances, voted to approve the crossing guard. Their main concern was with the pre-school children crossing from the east to the west side of Magnolia. They had been asking for a crossing guard for many years and they felt the Commit- tee's action was appropriate. Katherine Neilson stated that as a PTA Board, they had written letters every year for as long as she could remember and every year they had been turned down because they did not have the necessary amount of warrants. She urged that they accept the recommendation of the School Traffic Safety Committee. Dr. Hale E. Dougherty, 3055 West Orange Avenue, stated from firsthand ob- servation, he was amazed to see the number of school children who were walking to achool by themselves. The problem was not just at the intersection. It was a hazardous condition and he felt the school (pre-school) was negligent in leaving the children unattended on the street. It was their responsibility when the children were left with them to see that they had proper guidance. He felt that someone should be there at high traffic times, when the children arrived and left school~ and not necessarily all during the day. Mr. George Busdeicker, Principal of the Maxwell School, reported that there were about thirty youngsters coming from the pre-school near Gilbert, on Broadway. On many occasions, the lights had not been working on the corner and he personally directed the children across the street. His major concern was the number of youngsters crossing and the right turns that were made into the crosswalks when the youngsters started across the street, and also, the left turners. They had a problem and were working with the pre-school, trying to get some coordination. They felt strongly, and had for a number of years, that a crossing guard was the most important thing that could happen in the 282 City. Hal.l., Anaheim, California - COUNCIL MINUTES - March 2~., 198.2.,....1.:30' P.M. lives of the children involved to prevent an accident or death. He then ex- plained for Councilman Overholt that the pre-school was a day care center for many of the parents who were working in the area and there were youngsters from the pre-school who were attending the Maxwell School (K, 1, 2, 3 and some of the upper grades). Mayor Seymour reported that Mr. Earl Butler, Assistant Superintendent, Business Services, Magnolia School District, with whom he had spoken, felt strongly about the positive recommendation from the School Traffic Safety Committee and also stated that if warrants were the only criteria to use in establishing need, there was no need for the STSC. City Manager Talley pointed out that there was no recommendation given in the staff report, but they wanted to draw the Council's attention to the fact that the request did not meet Council Policy, that there was an increase from 27 to 43 crossing guards in the last five years, approval would place two guards within 400 feet f each other, and that each guard added $5,100 to the City budget. Further discussion and questioning between Council Members and staff followed which included input from Detective Kantor and Traffic Engineer Paul Singer. During the discussion, Councilman Overholt stated he felt the guard should be authorized and Council should give strong direction to Mr. Singer and the School Traffic Safety Committee to take a hard look at the crossing guards and the locations in the City to assess the need for continuing guards in those locations. Perhaps there were guards where they should not be; Mr. Talley also suggested that if the School Districts shared some financial participa- tion, they might be more amenable to the possibility of moving a guard in instances where there were two within 400 feet, etc. Councilman Overholt suggested perhaps the day care center should provide some participation in this instance, since they were presumably a profit making organization providing day care for parents whose children were attending the City's schools. He reiterated he felt the Safety Committee should make an honest appraisal of where they were headed with the crossing guard program. MOTION: Councilman Roth moved to approve a crossing guard for the inter- section of Magnolia Avenue and Orange Avenue, as recommended by the School Traffic Safety Committee and further, asking the Committee to explore the possibility of prorata share of costs of crossing guards with the School Districts and that such dialogue be started with the Districts. Councilman Overholt seconded the motion, adding that the Safety Committee also be requested to evaluate all existing crossing guards in the City with an eye to possible modification. Before a vote was taken, Councilwoman Kaywood stated she would like to see some kind of dialogue take place with the California Preschool as well. 283 Cit~.~all, Ana~eim~ California - COUNCIL MINUTES - M~r~h 23,.1982, 1:30 P.M. A vote was then taken on the foregoing motion, further including that the staff contact the California Preschool asking their cooperation in mitigating the child-pedestrian problem in the subject area. Councilman Bay was absent. MOTION CARRIED. 103: SANTA ANA CANYON NO. 10 ANNEXATION: Councilwoman Kaywood offered Resolution No. 82R-161 for adoption, approving Santa Ana Canyon Annexation No. 10 as recommended by LAFCO, 178 acres, located north and south of Santa Ana Canyon Road and Weir Canyon Road (Master Property Tax Transfer Agreement - Undeveloped), as recommended in memorandum received March 23, 1982, from the Planning Department. Refer to Resolution Book. RESOLUTION NO. 82R-161: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ANNEXATION TO THE CITY OF ANAHEIM OF THE TERRITORY KNOWN AND DESIGNATED SANTA ANA CANYON NO. 10 ANNEXATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution No. 82R-161 duly passed and adopted. 111: PERMISSION TO USE "BIG A" SYMBOL ON PRINTED MATERIAL - ANAHEIM CHAMBER OF COMMERCE: Councilman Roth moved to approve the request of Les Riddell, President of the Anaheim Chamber of Commerce, in letter dated March 11, 1982, granting permission to use the Big "A" symbol on appropriate printed material sent out by the Chamber. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood asked what appropriate material included; J~lie Emerson, Director of Governmental Affairs, Anaheim Chamber of Commerce, stated they would like blanket permission to use the symbol on many different publications, basically material that went to businesses in Anaheim, as well as prospective businesses and residents. The City Attorney stated he would like to consult with Mr. Riddell to obtain a more specific itemization as to what he wished to use the symbol on. It was su~ficient at this point that he be directed to prepare an agreement and if a problem arose, he would bring the matter back to the Council for further con- sideration. A vote was then taken on the foregoing motion. Councilman Bay was absent. MOTION CARRIED. 162: LIABILITY INSURANCE POLICY FOR THE ANAHEIM BICYCLE RODEO: Mr. A1Bolden, Anaheim Bicycle Rodeo Committee, letter dated March 9, 1982, re- questing the City to pay the costs of a one-day liability insurance policy pertaining to the Annual Bicycle Rodeo to be held October 16, 1982. 284 C~.Hg~l,.6naheim~ California - COUNCIL MINUTES - March 23~ 1982, 1:30 P.M. Mr. Lon Hurwitz explained that they wanted to ensure the protection of all the various participants in the rodeo, a one-day event, by obtaining a policy of liability insurance of $1 million. They had received two quotations, the lowest bid being $267.20. They were requesting that the Council authorize approval of two years of insurance for the event to be held in 1982 and 1983, totaling $534.40. MOTION: Councilman Roth moved to approve the subject request for a two-year period, or $267.20 each year, 1982 and 1983, funds to be appropriated from the Council Contingency Fund. Councilman Overholt seconded the motion. Before a vote was taken, Councilwoman Kaywood expressed her concern that there was no other request that they had approved of that nature, and it could set a precedent. After further questioning of Mr. Hurwitz, City Attorney William Hopkins recommended, if the funds were approved, that the City be included as a co-sponsor of the event to justify the expenditure. Councilman Roth included that in his motion. Councilman Bay was absent. MOTION CARRIED. 112: PUBLIC HEARING - BALL-FREEWAY NO. 3 ANNEXATION: City of Anaheim to consider the annexation of approximately 34.731 acres of land located south- east of the intersection of Ball Road and the Orange Freeway (Route 57). City Clerk Linda Roberts announced that a letter had been received from the law firm of Paone & Halderman dated March 19, 1982, who represented the Southern Pacific Railroad, requesting that the public hearing be continued to May 18, 1982, at 3:00 p.m. MOTION: Councilman Roth moved to continue the public hearing to May 18, 1982, at 3:00 p.m. Councilman Overholt seconded the motion. Before a vote was taken, Joel Fick, Assistant Planning Director--Planning, stated that a Michael Todd from Shay Homes had requested to address the Council regarding the referenced letter. Mr. Michael Todd, representing Multi-Properties, Inc., a managing partner, stated they had a problem relative to the proposed continuance, since they had an option to purchase an adjacent 1.7 acres of the horse ranch property of Del Rancho Rio Stables. They had filed a parcel map through the City, which pro- cess would take about 90 days, and based on the current schedule, it would be completed within 10 days of the time that the parcel map was to be approved. If the annexation process was continued, the land could still be in the County of Orange, in which case they would not have an approved parcel map and not be able to exercise an option to pick up the adjacent property. For that reason, they were opposed to the proposed continuance. 285 ~it~ Hall,.Anaheim~ Ca!~ornia - ggONCIL MINUTES - March 23, ~2., 1:30 P.M. Councilwoman Kaywood left the Council Chambers. (3:07 p.m.) Councilman Roth felt that the public hearing should be continued for ona week to receive additional input from Mr. Todd's engineering firm whose representative was not present today. MOTION: Councilman Roth moved to continue the public hearing for one week to March 30, 1982, so that additional input could be provided. Councilwoman Kaywood was temporarily absent. Councilman Bay was absent. MOTION CARRIED. REQUEST FOR CLOSED SESSION: Mayor Seymour requested a Closed Session to discuss personnel matters with action anticipated. The City Attorney requested a Closed Session to discuss litigation and potential litigation with action anticipated. Councilman Roth moved to recess into Closed Session. Councilman Seymour seconded the motion. Councilwoman Kaywood was temporarily absent. Councilman Bay was absent. MOTION CARRIED. (3:08 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Bay. (4:02 p.m.) 112: BETTY ROWZEE VS. CITY OF ANAHEIM: On motion by Councilman Seymour, seconded by Councilman Overholt, the City Attorney and Ruston & Nance were authorized to settle Orange County Superior Court Case No. 32-85-87 (Betty Rowzee vs. City of Anaheim) for a sum not to exceed $10,000. Councilman Bay was absent. MOTION CARRIED. 123: AGREEMENT BETWEEN THE CITY OF ANAHEIM AND CONVENIENCE AND SAFETY CORPORATION: On motion by Councilman Seymour, seconded by Councilman Overholt, an agreement was authorized between the City of Anaheim and Convenience and Safety Corporation with the Mayor and City Clerk to execute same. Councilman Bay was absent. MOTION CARRIED. (At this time, action was also taken on the disability retirement application of Fred G. Davis--see earlier discussion.) CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 118: CLAIMS AGAINST THE CITY: The following claims were filed against the City and action taken as recommended: Claims denied and referred to Risk Management: 286 Cit~.~l!, Ana~m, california - COUNCIL MINU%~S - ~9~¢~ 23~. ~P82,.1:30 P.M. a. Claim submitted by Altec Corporation for property damages purportedly sustained due to a power failure and power surge at 1515 South Manchester Avenue, on or about January 25, 1982. b. Claim submitted by Calvin E. Benton for personal property damages pur- portedly sustained due to a power outage at 1656 South Pounders Lane, on or about January 10, 1982. c. Claim submitted by Craig Ludwig for personal injuries and property damages purportedly sustained due to negligent construction and maintenance of a ramp at the southeast corner of West Street and Katella Avenue, on or about November 7, 1981. d. Claim submitted by Lillian B. Erickson for personal damages purportedly sustained due to a trip-and-fall accident on the sidewalk in the 100 block of East Old Lincoln, on or about January 30, 1982. e. Claim submitted by Automobile Club of Southern California, Subrogee of Deborah Anne Hall, and on behalf of Mrs. Hall for her $100.00 deductible, for personal property damages purportedly sustained to vehicle due to a tree overhanging in the roadway on Wesson Street, on or about October 5, 1981. Claim allowed: f. Claim submitted by Automobile Club of Southern California, Subrogee of James E. and Lisa M. Mohan, for property damages purportedly sustained when a Parkway Maintenance vehicle struck the claimant's vehicle in the intersection of Kingsley and East Lincoln Avenue, on or about January 6, 1982. ($143.85) Application for Leave to Present Late Claim denied and referred to Risk Management: g. Application for Leave to Present Late Claim submitted by Jacob H. Haiman for personal injuries purportedly sustained due to a slip-and-fall accident in the men's lavatory at the Anaheim Stadium, on or about September 6, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Center Authority--Minutes of March 8, 1982. b. 105: Community Redevelopment Commission--Minutes of January 27, February 10, 17 and 24, 1982. c. 156: Anaheim Police Department--Monthly Report for February 1982. d. 105: Public Utilities Board--Minutes of September 17, November 19 and December 17, 1981, and January 7, 1982. 287 C~ty Hall, Anaheimt California - COUNCIL MINUTES - March 23~.~$~.~330 P.~.. e. 105: Community Services Board--Minutes of February 11, 1982. f. 105: Senior Citizen Commission--Minutes of January 14, 1982. Councilman Bay was absent. MOTION CARRIED. 108: PRIVATE PATROL APPLICATION: Submitted by Maria Johanna Maniloff, Mariman Security, 1808 West Lincoln Avenue, to provide commercial guard and patrol services in the City. Councilwoman Kaywood moved that the decision on the application be continued one week so that staff could provide further information. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 82R-163 through 82R-165, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 158: RESOLUTION NO. 82R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (R/W #2800-18, Anaheim Boulevard Widening) 169: RESOLUTION NO. 82R-164: 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: STREET LIGHTING ASSESSMENT DISTRICT NO. 1980-6 TRACT NO. 2302, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-676-6329-11660-37300 AND 25-676-6329-11660-37300. (L. J. Ogg, Inc.) 169: RESOLUTION NO. 82R-165: 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 POW"ER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: EAST STREET STREET IMPROVEMENT, N/O SANTA ANA STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-6325-E2800. (Josip Kovac) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Resolution Nos. 82R-163 through 82R-165, both inclusive, duly passed and adopted. 288 Ci~ Hall, AnaheiM~.~for~a - COUNCIL MINUTES - March 23, 1982~ 1:30 P.M. 134: GENERAL PLAN AMENDMENT NO. 175 - AMENDMENT TO THE LAND USE ELEMENT - RECLASSIFICATION NO. 73-74-36 (READVERTISED): (1) to reconsider the approved density for a land area of approximately 17.8 acres of land between Coronet and Falmouth Avenues, approximately 650 feet west of Romneya Drive and (2) to consider amendment to the Land Use Element of Anaheim Shores Planned Community zone and review Resolution No. 74R-235, for approximately 137 acres of land bounded on the north by the Riverside Freeway, on the south by La Palma Avenue, and on the east by Euclid Street. MOTION: Councilman Roth moved to establish April 6, 1982, at 3:00 p.m., as the date and time for a public hearing on the subject General Plan Amendment and Reclassification. Councilman Bay was absent. MOTION CARRIED. REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 1564 - ROLLER SLIDE: Re- quest by Karl Sator, S & S Investments, for a rehearing on Conditional Use Permit No. 1564, in letter dated March 17, 1982, from Mr. Sator. Revised plans under Conditional Use Permit No. 1564 were approved at the meeting of March 16, 1982, to include a roller slide at an established recreation center on ML zoned property located at the southwest corner of Carpenter Avenue and Shepard Street. Mayor Seymour stated he had just spoken with Mr. Sator, and the Assistant Planning Director--Planning, Joel Fick, and it was determined that they were in a position to have the request withdrawn. Mr. Fick was going to set up a meeting with the owner of the recreation center asking if he would permit Mr. Sator to add barbed wire on top of the wall separating their properties, thereby, not permitting the young people to continue to climb over that wall, the expense to be borne by Mr. Sator, and ensuring that he would not damage the wall. Mr. Fick stated the only modification to the Mayor's understanding was that they were going to initiate a conversation that he (Sator)and Mr. Huish, owner of the recreation center, share in the cost. Mayor Seymour stated since that was not what was stated in the discussion he had, he was prepared to act on a motion for a rehearing. MOTION: Councilman Seymour moved to continue the request for a rehearing for one week, informing Mr. Sator that he might be better off asking for another rehearing. Councilman Roth seconded the motion. Councilman Bay was absent. MOTION CARRIED. 107: MOBILEHOME TASK FORCE - REQUEST TO BE AN EX-OFFICIO MEMBER: Request by Mr. Joseph M. Tosti in a letter dated March 15, 1982, that Frank Heller of his firm, Newhouse and Heller, be designated an ex-officio member of the Mobile- home Park Task Force that was formed at the night meeting of March 9, 1982 (see minutes that date). 289 City Hall, Anaheim, California - COUNCIL MINUTES - March 23, 1982, 1:30 P.M. Councilwoman Kaywood stated she had received a number of complaints that at the first meeting of the Task Force, Mr. Chuck Farano was present, and although he was not yet an ex-officio member, he dominated the entire meeting. If they were interested in moving forward and coming to a decision, they were going to have to have the ex-officio members less vocal; Councilman Overholt felt that was up to the Task Force Chairman. Mayor Seymour stated he did not have a problem with the park owners being adequately represented by legal counsel in an ex-officio status, but he felt they were starting to "stack" the Task Force. If the Council wanted to even it up, Pat Kish had called him and she knew an attorney who had represented tenants previously and who was, perhaps, more qualified in that field than Mr. Jantz. Councilman Roth noted that the letter stated in the event Mr. Heller was not appointed that they be given notice of the Task Force meetings and permitted to attend. He felt that was a good compromise. MOTION: Councilman Roth moved to have either Mr. Tosti or a member of his firm be invited to attend Mobilehome Task Force meetings, but not to partici- pate as an ex-officio member and that they be notified of the meetings. Councilwoman Kaywood seconded the motion. Councilman Bay was absent. MOTION CARRIED. Mayor Seymour noted that the recommendation from Pat Kish would give a balance of representation on the Task Force, two lawyers representing the tenants, and two representing the mobilehome park owners. 108/142: ORDINANCE NO. 4316: Councilwoman Kaywood offered Ordinance No. 4316 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4316: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4, CHAPTER 4.72, SECTION 4.72.040 PERTAINING TO TAXICABS AND CHAUFFEURED LIMOUSINES. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ~MBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour None Bay The Mayor declared Ordinance No. 4316 duly passed and adopted. 107/142: ORDINANCE NO. 4317: Councilman Overholt offered Ordinance No. 4317 for first reading. ORDINANCE NO. 4317: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 7, BY ADDING THERETO CHAPTER 7.49, PERTAINING TO THE ESTABLISHMENT OF RESPONSIBILITY FOR UNSAFE OR UNSANITARY CONDITIONS OF A DWELLING UNIT. 290 City Hall, Anaheim, California - COUNCIL MINUTES - March 23, 1982, 1:30 P.M. 179/142: ORDINANCE NO. 4318: Councilwoman Kaywood offered Ordinance No. 4318 for first reading. ORDINANCE NO. 4318: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6, CHAPTER 6.44 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SUBPARAGRAPH (i) TO SECTION 6.44.010.070.0116 AND ADDING THERETO SUBPARAGRAPH (v) TO SECTION 6.44.010.070.0124 PERTAINING TO NUISANCES. STATUS OF REMOVAL OF BARRIER ON CLEMENTINE STREET: (See Redevelopment Agency minutes of January 5, 1982) Councilman Overholt first noted the positive effect of the installation of the new traffic signal on Anaheim Boulevard at Old Lincoln Avenue at the entrance to the Village Center. He asked the status of the removal of the barrier on Clementine Street west of the Village Center, which was approved at the same time approval was given on the traffic light installation (January 5, 1982). 139/148: AB2660 - REQUEST TO OPPOSE FROM THE SOUTH COAST AIR QUALITY MANAGE- MENT DISTRICT BOARD: Councilman Roth referred to his letter dated March 17, 1982, which he wrote as Vice Chairman of the South Coast Air Quality Manage- ment District Board relative to the subject bill (on file in the City Clerk's office). He asked that the City Clerk agendize the matter for Council action at their next meeting. 166: REQUEST FOR ASSISTANCE - CARL KARCHER ENTERPRISES - FREEWAY SIGNAGE: Mayor Seymour referred to letter dated March 16, 1982, from Carl Karcher Enterprises, soliciting the City's help in asking CalTrans to reconsider their denial of "gas, food and lodging" signage at the Imperial Highway offramp of the Riverside Freeway. City Manager Talley stated that the City previously had recommended approval and was turned down by the State. MOTION: Councilman Seymour moved that the City re-enforce their prior approval of the requested signage and to appeal the matter through the State Department of Transportation. Councilman Roth seconded the motion. Councilman Bay was absent. MOTION CARRIED. 132: TRASH BILL DISCREPANCIES: Mayor Seymour stated he had met with staff and Guy Kemp (Captain Garbage) approximately one-and-one-half months ago. At that time, they recognized that there may have been a number of billings that would have been inaccurate because of mistakes with input into the computer system. The error involved one percent or 1.5 percent and staff had already, or soon would be sending out letters correcting the situation and crediting any overcharge to the customers involved. Deputy City Manager James Ruth explained that the audit was complete and the letter would be submitted with the utility billing, explaining if there had been an overcharge and what the rebate would be. 291 city Hall, Anaheim, California - COUNCIL MINUTES - March 23, 1982, 1:30 P.M. The Mayor stated he wanted the Council to know that there would be a press conference the next morning at 9:30 a.m. where he would suggest to Captain Garbage that they would be happy to close the final chapter of the billing situation and there was a very positive story to tell. Councilman Roth asked the amount of money in savings to customers; Mr. Ruth answered that in some billings the amount ranged from $6.00 to $18.00. Some customers were overcharged, while some were undercharged, and approximately 1,100 accounts were involved. Councilman Roth asked that they be supplied with the data that was compiled. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Overholt seconded the motion. Councilman Bay was absent. MOTION CARRIED. (4:25 p.m.) LINDA D. ROBERTS, CITY CLERK 292