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1981/09/0181-1178 City Hall, Anaheim, California - COUNCIL MINUTES - September l, 1981, 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 ASSISTANT DIRECTOR OF FINANCE: Irwin Bornstein ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT CUSTOMER SERVICE MANAGER: Don Metzger Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Don R. Roth led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and authorized by the City Council: "DAY OF CHRISTIAN REDEDICATION IN ANAHEIM" - SEPTEMBER 30, 1981 The proclamation was accepted by John Bode. 119: RESOLUTION OF WELCOME: A resolution of welcome was unanimously adopted by the City Council, welcoming the World Council of Young Men's Service Clubs and their President to Anaheim for their International Convention, September 1 through September 6, 1981. MINUTES: Councilman Roth moved to approve the minutes of the regular meeting held May 12, 1981, subject to the corrections as noted by Councilwoman Kaywood. Councilman Bay seconded the motion. Councilwoman Kaywood voted "no". MOTION CARRIED. Mayor Seymour requested the City Clerk to provide a copy of the minutes of December 9, 1980 as submitted, wherein Councilwoman Kaywood asked that some figures be changed, and also a verbatim of that portion of the meeting involved indicating what was actually stated (see minutes July 28, 1981 where the matter was discussed), 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 Bay seconded the motion. MOTION CARRIED. 81-1179 -- City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $890,988.48, in accordance With the 1981-82 Budget, were approved. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilman Roth, seconded by Councilman Overholt, the follow{ng items were approved as recommended: a. 128: Ordering the Monthly Financial Statement for one month ended July 31, 1981 received and filed. b. 160: Bid No. 3793--One hundred forty-four 200KVAR Shunt Capacitors for Lewis Substation. Award to General Electric Company, $72,351.36. c. 160: Bid No. 3789--0ne 69KV Power Circuit Breaker for Yorba Substation. Award to McGraw-Edison, $30,732.58. d. 160: Bid No. 3794--25,000 feet of #2 AWG URD Primary Cable. Award to General Electric Supply, in an amount not to exceed $26,235. e. 160: Bid No. 3798--Twelve 69KV Cable Terminators and complementary hard- ware for Fairmont Substation. Award to Joslyn Manufacturing Company, $12,226.15. f. 160: Bid No. 3801--Annual Envelope Order for the Public Utilities/ Customer Service Department. Award to Pacific Envelope Company, $12,927.76. g. 123: Authorizing an agreement with Digital Equipment Corporation in the amount of $1,821 per month for computer equipment service for the Library Circulation Control System. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilwoman Kaywood offered Resolution Nos. 81R-409 through 81R-411, both inclusive, for adoption. Refer to Resolution Book. 'RESOLUTION NO. 81R-409: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-548 AND CHANGING THE TITLES OF TWO EXIST- ING JOB CLASSIFICATIONS. (Code Enforcement Specialist to Code Enforcement Officer and Zoning Enforcement officer to Senior Code Enforcement Officer, effective August 28, 1981) ~RESOLUTION NO. 81R-410: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-910 AS AMENDED BY RESOLUTION NO. 81R-151 RELATING TO PERSONNEL RULE 6, PREMIUM PAY. (effective August 14, 1981) RESOLUTION NO. 81R-411: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 63R-910 AS AMENDED BY RESOLUTION NO. 81R-151 'kRELATING TO PERSONNEL RULE 16, VACATION. (effective August 14, 1981) 81-1180 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 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. 81R-409 through 81R-411, both inclusive, duly passed and adopted. 142/173: ORDINANCE NO. 4262: Councilman Roth offered Ordinance No. 4262 for first reading. ORDINANCE NO. 4262: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.72 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 4, CHAPTER 4.72 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TAXICABS AND CHAUFFEURED LIMOUSINES. 123/132: SANITATION CHARGES FOR COMMERCIAL AND INDUSTRIAL SOLID WASTE: City Manager William Talley briefed the Council on a memorandum dated August 25, 1981 from the Public Works Department, recommending approval of the subject charges. Councilman Roth emphasized that the proposal involved only commercial and industrial waste collection and not residential. Councilman Seymour offered Resolution No. 81R-412 and 81R-413 for first read- ing, the first authorizing an agreement with Anaheim Disposal, Inc., for the collection of commercial and industrial solid waste, commencing October 1, 1981 and continuing through June 30, 1991, and the second adopting a new fee schedule of sanitation charges and repealing Resolution No. 81R-261, effective September 1, 1981. Refer to Resolution Book. RESOLUTION NO. 81R-412: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT FOR THE COLLECTION OF COMMERCIAL AND INDUSTRIAL SOLID WASTE BETWEEN THE CITY OF ANAHEIM AND ANAHEIM DISPOSAL, INC. RESOLUTION NO. 81R-413] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 81R-261. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-412 and 81R-413 duly passed and adopted. Councilwoman Kaywood moved to increase revenues and expenditures in Program 60-235 by $29,500 to reflect the increased fees. Councilman Bay seconded the motion. MOTION CARRIED. 81-1181 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. 106/135: ANAHEIM HILLS GOLFCOURSE SUBSIDY REQUIREMENT: Councilman Overholt moved to appropriate an additional $7,000 from the Convention Center Fund to the Anaheim Hills Golf Course Fund, as recommended in memorandum dated August 27, 1981 from the Program Development and Audit/Financial Department. MOTION CARRIED. 123: ENGINEERING SERVICES - OLIVE HILLS RESERVOIR COVER: On motion by Coun- cilwoman Kaywood, seconded by Councilman Overholt, an agreement was authorized with CH2M Hill of California in an amount not to exceed $66,500 for engineer- ing services for the first phase of the Olive Hills Reservoir Cover, as recom- mended in memorandum dated August 26, 1981 from the Public Utilities Board. MOTION CARRIED. 165/125/116/123: FISCAL YEAR 1981-82 RESOURCE ALLOCATION PLAN - CITRON NEIGH- BORHOOD AREA ALLEY RECONSTRUCTION - CONTRACT PROGRAM SERVICES, CAPPELLETTI ASSOCIATES - PRODUCTIVITY IMPROVEMENT AND PERFORMANCE AUDITING: (continued from the meeting of August 11, 1981). MOTION: Councilman Seymour moved to continue consideration of the subject for one week in order to afford the Council an opportunity to first read the report submitted relative to the alley reconstruction proposal just submitted to them. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 128: 1980-81 WRITE-OFF OF UNCOLLECTIBLE MISCELLANEOUS ACCOUNTS RECEIVABLE: Authorizing the 1980-81 write-off of uncollectible miscellaneous accounts receivable totalling $68,293.12--continued from the meeting of August 18, 1981 (see minutes that date). Mayor Seymour referred to report received August 26, 1981 from the Finance Director with attachments ("update to 1980-81 write-off of uncollectible miscellaneous accounts receivable as presented to Council August 18, 1981"). He thereupon posed questions to Irwin Bornstein, Assistant Finance Director, for purposes of clarification, as did other Council Members. In concluding, the Mayor stated he was not going to vote approval, not because he disagreed with the accounting process, but merely as a way to protest what he considered to be unsatisfactory work since there was a clear violation of the established regulations, obviously with knowledge. He requested that before the Council moved to approve the write-offs, that a more in-depth report be received. He also wanted to know if all the items had been received by the City Attorney's office for action and when. Councilman Overholt was also interested in receiving such a report. Councilman Bay did not want to see a repeat of the same situation next year. MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt, consideration of the write-off of the 1980-81 uncollectible miscellaneous accounts receivable was continued for two weeks. MOTION CARRIED. 175: .1980-81 WRITE-OFF OF UNCOLLECTIBLE UTILITY ACCOUNTS: Authorizing the 1980-81 write-off of uncollectible Utility accounts in the amount of $572,437.12, continued from the meeting of August 18, 1981 (see minutes that date). 81-1182 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. Councilman Roth referred to a report dated August 25, 1981 from the Public Utilities Board, as well as the attachment listing all of the uncollectible Utility accounts. He thereupon posed questions to Don Metzger, Assistant Customer Service Manager, for purposes of clarification, as did other Council Members. At the conclusion, Councilman Roth suggested that they take another look at the possibility of reinstituting cash deposits by potential customers before utility service was turned on; Mayor Seymour asked that more informa- tion be provided to him on a Mr. Joel Gold listed on Page 8 of the Uncollect- ible Accounts showing an amount due of $2,091.36, since he might be able to assist if it was the Joel Gold he knew. After further discussion between the Mayor and Mr. Metzger, he (Metzger) stated he would be happy to go to the case file on the large uncollectible accounts and submit a report relative to those, to see if a different approach might be taken as suggested by the b~yor. MOTION: On motion by Councilman Bay, seconded by Councilman Roth, write-off of the 1980-81 uncollectible Utility accounts was authorized in the amount of $572,437.12. MOTION CARRIED. 148: LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - DESIGNATION OF VOTING DELEGATE AND ALTERNATE: Councilman Bay moved that Mayor Seymour be designated the Voting Delegate at the League Annual Conference to be held in San Francisco, October 17 through October 20, 1981, and that Mayor Pro Tem Roth be designated the Alternate. Councilman Overholt seconded the motion. MOTION CARRIED. 119: SPONSORING ORGANIZATION FOR MISS ANAHEIM: Request by Erlene Jones for reconsideration of the designated sponsoring organization for Miss Anaheim, the official hostess of the City, continued from the meeting of August 11, 1981. Mrs. Erlene Jones introduced her spokesman, Mr. Patrick Frahn of the Wrather Corporation at the Disneyland Hotel, who was the Co-Executive Director of the Miss Anaheim Scholarship Association. Mr. Frahn explained his purpose today was to have their Miss Anaheim (Miss Anaheim-Miss America) preliminary ~o Miss America be redesignated by the Council as the official hostess of the City of' Anaheim (see minutes February 7, 1978, Page 78-180 wherein the Council desig- nated MUss Anaheim preliminary to the Miss USA-Universe Pageant as the official hostess of the City). Extensive discussion with and, questioning of, Mr. Frahn and Mrs. Jones by the Council followed. Mrs. Fran Mauck, Executive Director, Miss Anaheim Pageant (Preliminary to Miss USA-Universe Pageant), 950 Random Drive, first referred to her letter of August 17, 1981 (on file in the City Clerk's office) which she felt was self- explanatory. She then introduced Mr. Topper Smith. 81-1183 -- City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. Mr. Topper Smith first explained his background in pageant production and par- ticipation. He felt it would confuse the public to have more than one Miss Anaheim and respectfully requested that the status quo be maintained. Mr. Micheal Osborne, resident of Cypress, stated he had been involved with both the Miss America and Miss Universe Programs for a number of years. He clarified many of the regulations that had to be followed with respect to both, his main point being, if the Council stipulated that a particular Miss Anaheim should be the official City representative, she should be one who legally, legitimately, morally and practically represented the City. The Mayor then gave Mrs. Jones an opportunity to rebut some of the statements made, as well as Mr. Frahn. Councilman Roth suggested the possibility of one.of the young ladies being called perhaps Miss Chamber of Commerce and the other Miss Anaheim. He had difficultly in now telling Fran b~uck that hers was no longer the official City hostess. The Mayor asked Mrs. Jones if she would be willing to stipulate that Miss Anaheim-Miss America would either go to school, live or work in Anaheim, since he found it difficult to justify someone being called Miss Anaheim with their by-laws (Miss Anaheim-Miss America) indicating she did not have to be connected in some way with the City; Mrs. Jones stated they could do that. Councilman Overholt was opposed to restricting their endorsement to either pageant. He felt they could endorse both pageants and both Miss Anaheims, with the designation of one as Miss Anaheim-Miss USA and the other Miss Anaheim-Miss America. The Mayor maintained the only question they had to decide was who would cut the ribbon at a grand opening. MOTION: Councilman Seymour moved to designate Miss Anaheim-Miss Universe under the direction of Fran Mauck to be the exclusive ribbon cutter for the Chamber of Commerce. Councilman Roth seconded the motion and was in support of the Mayor's views. Councilman Overholt stated he would oppose the motion since he did not feel that if they recognized two pageants they would be disenfranchising anybody; Councilman Bay felt that two were better than one. A vote was taken on the foregoing motion and failed to carry by the following vote: AYES: COUNCIL MEMBERS: Roth and Seymour NOES: COUNCIL MEMBERS: Overholt, Kaywood and Bay 81-1184 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. MOTION: Councilman Overholt moved that they recognize the Miss Anaheim of both the Miss America and Miss USA Pageants as the official Miss Anaheim, with the official designation in each case as Miss Anaheim-Miss America and Miss Anaheim-Miss USA, with alternate ribbon cuttings to be scheduled by the Chamber of Commerce. Councilman Bay seconded the motion. Councilman Overholt clarified for Councilwoman Kaywood b~ss Anaheim-Miss America need not be a resident of Anaheim. Before a vote was taken, the Mayor stated he was going to vote against the motion. He did not see the necessity in order to insure a successful Miss Anaheim-Miss America Pageant to reduce the ribbon cutting activity. The present Miss Anaheim designee would have her small stipend of $15 cut by 50%, because of fewer activities and a Miss Anaheim who neither lived, worked or attended school in the City. Councilman Overholt asked Mrs. Mauck if she would keep an accounting of the $15 honorariums normally paid to Miss Anaheim for ribbon cutting ceremonies to see if their proposed action would bring about a reduction. A vote was then taken on the foregoing motion. Councilmen Roth and Seymour voted "no". MOTION CARRIED. 173: PUBLIC HEARING - LOZANO TAXICAB SERVICE RATE INCREASE: Application for proposed rate changes for taxicabs, submitted by Manuel Lozano, Lozano Taxi Cab service as follows: a) $ 1.40 flag (1/6 mile) b) .20 each additional 1/6 mile c) 12.00 per hour waiting time/traffic delay d) 1.20 service charge for cancellation after taxicab dispatch Mr. Manuel Lozano, Lozano Taxi Cab Service, was present to answer any ques- tions. He then spoke in support of his request as outlined in his letter of July 15, 1981. He referred to his profit and loss statement for the year documenting the necessity for the requested fare increases. Mr. Joel Fick, Assistant Director for Planning, confirmed for the Mayor that Mr. Lozano's request for proposed rate changes was identical to that of Yellow Cab Company (see minutes August 11, 19gl--Re: Yellow Cab Company public hear- lng on rate increases). The Mayor asked to hear from those in support or in opposition; there being no response, he closed the public hearing. EIR FINDING: Councilman Seymour moved that the requested fare increases are for the purpose of meeting operating expenses and purchasing supplies, equip- ment and materials and, therefore, the provisions of the CEQA does not apply. Councilman Overholt seconded the motion. Councilman Bay voted "no". MOTION CARRIED. 81-1185 -- City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. Councilman Seymour offered Resolution No. 81R-414 for adoption. Refer to Resolution Book. RESOLUTION NO. 81R-414: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A RATE INCREASE TO LOZANO TAXI CAB SERVICE FOR TAXI SERVICE IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour Bay None The Mayor declared Resolution No. 81R-414 duly passed and adopted. 108: MECCA MOTEL - REQUEST FOR WAIVER OF PENALTY PAYMENT: Request of W. E. Dancer, Manager, for appeal of the penalty assessed for late payment of the May 1981 Transient Occupancy Tax for the Mecca Motel, 1544 South Harbor Boulevard, was submitted. Also considered were reports submitted by the City Attorney and License Collector. Mr. W. E. Dancer, Manager, Mecca Motel, confirmed for Councilwoman Kaywood that they did, in fact, deliver the check and payment of the Occupancy Tax to the Post Office at approximately 9:00 p.m. on June 30, 1981, as explained in his letter dated August 10, 1981 (on file in the City Clerk's office). (Also see memorandum dated August 5, 1981 from the Post Office Manager of the Anaheim Holiday Station explaining that although Mr. Dancer deposited his letter at 9:00 p.m. on June 30, 1981, the Post Office pick-up had been made at 5:30 p.m. and, therefore, any subsequent pick-up from the box would have a postmark of July 1, 1981). MOTION: On motion by Councilman Seymour, seconded by Councilman Overholt, payment of the Transient Occupancy Tax for the Mecca Motel for the month of May 1981 was deemed to have been paid on time by depositing said payment in the United States mail on June 30, 1981, according to the City Attorney's investigation, the results of which were reported in his memorandum of August 28, 1981. MOTION C~RRIED. 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, or payment allowed: a. Claim submitted by Castille Builders, Ltd., for damages purportedly sustaimed due to City's failure to give appropriate public notice relative to Tentative Tract No. 9594, on the east side of Henning Way, south of Arboretum Road, on or about May 15, 1981. 81-1186 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. b. Claim submitted by Michael Jones for personal property damges purportedly sustained as a result of puncturing tire at Civic Center parking lot, on or about July 14, 1981. c. Claim submitted by Zenida Zamara for personal property damages purportedly sustained as result of fire caused by electrical wires at 1413 and 1415 Gary Place, on or about June 14, 1981. d. Claim submitted by Charles Marshall for personal injuries purportedly sustained as result of slip and fall accident at Anaheim Stadium, on or about June 6, 1981. e. Claim submitted by Edward F. Blum, Jr., Attorney at Law, for personal property damages purportedly sustained as a result of water overpressure at 6951 Country Club Lane, on or about July 2, 1981. f. Claim submitted by Carolyn Scott for personal property damages purportedly sustained as result of accident with City vehicle on or about July 28, 1981. g. Claim submitted by Claire R. Littlefield for personal injuries purportedly sustained as a result of trip and fall accident on sidewalk in the 500 block of West North Street, on or about June 30, 1981. The following claim was allowed: h. Claim submitted by Thomas Rigg for plumbing bill purportedly sustained as a result of water leak in front of 3152 Stonybrook Drive, which was in the City's line, on or about June 20, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 178: Metropolitan Water District of Southern California, Resolution 7861, levying taxes for the fiscal year commencing July 1, 1981 and ending June 30, 1982. b. 175: County of Los Angeles Board of Supervisors Resolution, supporting the licensing of San Onofre, units 2 and 3, developing alternative forms of energy and the continued commitment to conservation of energy resources. c. 105: Public utilities Board, election of Ken Keesee to serve as Chairman and James Townsend as Vice Chairman. d. 140: Anaheim Public Library, monthly statistical report--July 31, 1981. e. 105: f. 10.5: g. 105: 1981. Anaheim Public Library Board--minutes of July 22, 1981. Project Area Committee--minutes of August 11, 1981. Community Center Authority--minutes of July 22 and 27 and August 10, 81-1187 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. 3. CHANGE ORDERS: In accordance with the recommendations of the City Engineer, the following Change Orders were approved: a. 159: Mechanical Maintenance Natural Gas Refueling Station, Change Order No. 1: (Account No. 72-325-6325) Authorizing Contract Change Order No. 1 in the amount of $1,895.52, bringing the original contract price to $14,895.52; Niagara Electric Corporation, contractor. b. 156: Police Station Lobby Improvements, Change Order No. 1: (Account No. 24-988-6325) Authorizing Contract Change Order No. 1 in the amount of $2,263 credit, bringing the original contract price to $27,637; Robert W. Smith, contractor. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 81R-415 through 81R-425, 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. 81R-415: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Watt Commercial Properties, Inc.; William K. Davis; Michael J. Garan, et al) 158: RESOLUTION NO. 81R-416: 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 #2800-17, Anaheim Boulevard Widening) 158: RESOLUTION NO. 81R-417: 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 #2800-65, Anaheim Boulevard Widening) 169: RESOLUTION NO. 81R-418: 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 EQUIP~fENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT: STREET LIGHTING ASSESSMENT DISTRICT NO. 1981-1, TRACT NOS. 1516 AND 1653, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-676-11520-37300 AND 25-676-6329-11520-37300. (Steiny and Company, $18,810) 144: RESOLUTION NO. 81R-419: A RESOLUTION OF THE CITY COUNIL OF THE CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY OF CERTAIN CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON THE GENERAL PLAN, AND REQUESTING THE COUNTY OF ORANGE TO ADOPT SAID CHANGES INTO THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. 81-1188 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. 169: RESOLUTION NO. 81R-420: 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: HARBOR BOULEVARD STREET IMPROVEMENTS, S/O BALL ROAD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-792-E2710; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECI- FICATIONS 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 on October 1, 1981, at 2:00 p.m.) 140: RESOLUTION NO. 81R-421: 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: HASKETT BRANCH LIBRARY HEATING, VENTILATING AND AIR CONDITIONING, IN THE CITY OF ANAHEIM, ACCOUNT NO. 75-252-7121; APPROVING THE 6ESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on September 24, 1981 at 2:00 p.m.) 165: RESOLUTION NO. 81R-422: 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: BARRIER FREE ANAHEIM NO. 5 STREET IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-793-6325-E3410. (Industrial Fence and Supply Company) 159: RESOLUTION NO. 81R-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: MECHANICAL MAINTENANCE FACILITY NATURAL GAS REFUELING STATION, 518 S. ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 72-325-6325. (Niagara Electric Corporation) 176: RESOLUTION NO. 81R-424: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (80-16A, public hearing to be held September 22, 1981, 3:00 p.m.) 176: RESOLUTION NO. 81R-425: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-lA, public hearing to be held September 22, 1981, 3:00 p.m.)~ 81-1189 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 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 Nos. 81R-415 through 81R-425, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held August 10, 1981, pertaining to the following applications were submitted for City Council information. 1. RECLASSIFICATION NO. 80-81-41 AND CONDITIONAL USE PERMIT NO. 2231: Sub- mitred by Fong Tze Wu, for a change in zone from RS-A-43,000 to CL, to permit a 41-unit motel on property located at 831 South 'Beach Boulevard, with a Code waiver of maximum structural height. The City Planning Commission, pursuant to Resolution Nos. PC81-169 and 170, granted Reclassification No. 80-81-41 and Conditional Use Permit No. 2231, and granted a negative declartion status. 2. VARIANCE NO. 3231: Submitted by Anaheim Housing Authority, to construct a 4-unit condominium complex on RM-1200 zoned property located at the northwest corner of of La ?alma Avenue and Part Street, with Code waivers of minimum floor area and minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC81-175, granted Variance No. 3231, and ratified the Planning Director's categorical exemption determination. 3. VARIANCE NO. 3232 (TENTATIVE TRACT NO. 11583): Submitted by Lynn K. and Helen E. Kelley, to establish an 8-lot, 7-unit condominium subdivision on proposed RM-1200 zoned property located at 658 South Webster Avenue, with Code waivers of required lot frontage and minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC81-174, granted Variance No. 3232 (Tentative Tract No. 11538), and granted a negative declara- tion' status. 4. VARIANCE NO. 3234: Submitted by D & D Development Company, to construct a ill-unit motel on CR zoned property located at 2050 South Harbor Boulevard, with a Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC81-173, granted Variance No. 3234, and granted a negative declaration status. Councilwoman Kaywood noted that'on Page 1 (Item 1) and Page 2 (first line of the fiYst paragraph) of Planning Commission Resolution No. PC81-173 there were two typographical errors, both stating an ll-unit motel, whereas the proposed motel was for 111 units; Annika Santalahti, Assistant Director for Zoning, stated they would amend the resolution accordingly. 81-1190 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. 5. CONDITIONAL USE PERMIT NO. 2247: Submitted by Hans J. and Frigga K. Brenn, to permit on-sale beer and wine in an existing restaurant on CL zoned property located at 3414-B West Ball Road. The City Planning Commission, pursuant to Resolution No. PC81-172, granted Conditional Use Permit 2247, and ratified the Planning Director's categorical exemption determination. 6. CONDITIONAL USE PERMIT NO. 2035 - EXTENSION OF TIME: Submitted by Braille Institute, requesting an extension of time to Conditional Use Permit No. 2035, to permit the expansion of an existing private educational facility on RS-A-43,000 zoned property located at 541 North Dale Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2035, to expire August 11, 1982. 7. CONDITIONAL USE PERMIT NO. 2090 - EXTENSION OF TIME: Submitted by Harry Owen, requesting an extension of time to Conditional Use Permit No. 2090, to permit a public dance hall on ML zoned property located at 1160 North Kraemer Boulevard. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2090, to expire June 2, 1982. 8. CONDITIONAL USE PERMIT NO. 2100 - EXTENSION OF TIME: Submitted by McDonald's Corporation, requesting an extension of time to Conditional Use Permit No. 2100, to permit a drive-through restaurant on CL and CH zoned property located at 119 West Ball Road. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2100, to expire August 11, 1981. 9. RECLASSIFICATION NO. 78-79-43, CONDITIONAL USE PERMIT NO. 1972 AND VARIANCE NO. 3092 - EXTENSION OF TIME: Submitted by Alfred D. Paino, request- ing an extension of time to Reclassification No. 78-79-43, Conditional Use Permit No. 1972 and Variance No. 3092, proposed RS-7200 zoned property on Portion "A"; to permit a batting cage and recreational complex, with waiver of' maximum structural height on Portion "B"; and to waive maximum wall height and minimum lot area on Portion "A", located on the east side of Hayward Street, south of Orange Avenue (Portion "A") and at 727 South Beach Boulevard (Portion "B") . The City Planning Commission approved an extension of time to Reclassification No. 78-79-43, Conditional Use Permit No. 1972 and Variance No. 3092, to expire July 2, 1982. 10. LOCAL PARK SITE SELECTION CRITERIA: Submitted by James D. Ruth, Anaheim Deputy. City Manager, requesting approval of a Local Park Site Selection Criteria Policy. 81-1191 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. The City Planning Commission approved a Local Park Site Selection Criteria Policy, providing park sites are to be submitted to the Planning Commission. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. RECLASSIFICATION NO. 80-81-43: Submitted by Joseph C. and Dorothea M. Stephenson, for a change in zone from RS-lO,000 to RM-2400, to construct a 7-unit apartment complex on property located at 921 North Citron Street. The City Planning Commission, pursuant to Resolution No. PC81-168, granted Reclassification No. 80-81-43, and granted a negative declaration status. Mrs. Ruth Mount Segier, 929 Citron, asked to speak and thereupon read a petition signed by 109 residents of the area which petition indicated, "We the undersigned petition the Anaheim City Council to postpone any action on the rezoning of the property located at 921 North Citron from R1 to Multiple Dwelling. We feel no decision should be made until the Planning Commission's study for the possible rezoning of the entire west side of the 900 block of North Citron has been completed." She also clarified for the Mayor that they wanted to have the matter set for a public hearing. Miss Santalahti stated that two months would be the minimum amount of time for the proposed General Plan Amendment to come before the Council. Phyllis Boylston, representing the applicant, expressed her concern over any further delays since they had already devoted five months to the project. They had also submitted a petition containing 33 signatures, but they confined themselves to those neighbors within the required 300-foot radius, whereas it was her understanding the petition just submitted was not so confined. Councilwoman Kaywood requested a review of the Planning Commission's action on the subject reclassification with a public hearing to be set for September 15, 1981 at 7:00 p.m. CONDITIONAL USE PER_MIT NO. 2246: Submitted by Thomas J. and Yolanda M.. Talbot, to permit retail sales of automotive parts on ML zoned property located at 618 East Ball Road. The City Planning Commission, pursuant to Resolution No. PC81-171, granted Conditional Use Permit No. 2246, and granted a negative declaration status. A review of the Planning Commission's action on Conditional Use Permit No. 2246 was requested by Councilwoman Kaywood. 142/179: ORDINANCE NO. 4263 - EXTERMINATING AND DISINFECTING SERVICES IN ML ZONE: Councilman Overholt offered Ordinance No. 4263 for first reading. ORDINANCE NO. 4263: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SUBSECTIONS .180 AND .606 OF SECTION 18.61.050 AND ADDING NEW SUBSECTION .105 TO SECTION 18.61.020 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 81-1192 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. 175/137: ORDINANCE NO. 4264 - MAXIMUM FENCE HEIGHTS IN FRONT SETBACK AREAS IN RESIDENTIAL ZONES: Councilman Roth offered Ordinance No. 4264 for first read- ing. ORDINANCE NO. 4264: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .101 AND .102 OF SECTION 18.04.043 OF CHAPTER 18.04, SUBSECTION .0262 OF SECTION 18.31.063 AND SUBSECTION .021 OF SECTION 18.31.068 OF CHAPTER 18.31, SUBSECTION .0272 OF SECTION 18.32.063 AND SUBSECTION .021 OF SECTION 18.32.068 OF CHAPTER 18.32, SUBSECTION .0272 OF SECTION 18.34.063 AND SUBSECTION .021 OF SECTION 18.34.068 OF CHAPTER 18.34, AND REPEALING SUBSECTION .0263 OF SECTION 18.31.063 OF CHAPTER 18.31, SUBSECTION .0273 OF SECTION 18.32.063 OF CHAPTER 18.32 AND SUBSECTION .0273 OF SECTION 18.34.063 OF CHAPTER 18.34, TITLE 18, OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 175/137: ORDINANCE NO. 4257 AND 4258: Councilman Bay offered Ordinance No. 4257 and 4258 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4257: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF POWER PROJECT REVENUE BONDS BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. (maximum aggregate amount of $800,000,000 for Palo Verde Nuclear Generating Station project) ORDINANCE NO. 4258: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY. (maximum aggregate amount of $400,000,000 for Palo Verde Nuclear Generating Station project) 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. 4257 and 4258 duly passed and adopted. The City Attorney confirmed for Councilman Bay that passage of the foregoing ordinances did not obligate the City in any way, but they were necessary for the overall operation of the organization. 171: ORDINANCE NO. 4259: Councilwoman Kaywood offered Ordinance No. 4259 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4259: AN ORDINANCE OF THE CITY OF ANAHEIM FIXING AND LEVYING A PROPERTY TAX ON FULL CASH VALUE OF ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ANAHEIM FOR THE FISCAL YEAR 1981/82. (.00910 percent) 81-1193 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 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 Ordinance No. 4259 duly passed and adopted. 142/155: ORDINANCE NO. 4261: Councilman Roth offered Ordinance No. 4261 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4261: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.90 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A FLOODPLAIN OVERLAY (FP) ZONE. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4261 duly passed and adopted. 142/132: ORDINANCE NO. 4265: Councilman Bay offered Ordinance No. 4265 for first reading. ORDINANCE NO. 4265: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 10, CHAPTER 10.10 OF THE ANAHEIM MUNICIPAL CODE BY AMENDING SECTION 10.10.120 THEREOF PERTAINING TO ENFORCEMENT PROVISIONS AND ADDING SECTION 10.10.115 PER- TAINING TO FAILURE TO CORRECT VIOLATION. (sanitation enforcement provisions and failure to correct violations after notification) 142/179: ORDINANCE NO. 4266: Councilwoman Kaywood offered Ordinance No. 4266 for first reading. ORDINANCE NO. 4266: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.03.091 AND ADDING NEW SUBSECTION .060 TO SECTION 18.03.092' OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (procedures for modification or termination of CUP's and Variances) 176: SANITATION DISTRICT - ANAHEIM HILLS ANNEXATION NO. 28: As the City's representative to the Orange County Sanitation District, Districts 2 and 3, and having been appointed to a special AB8 Committee, Councilman Roth reported on a number of meetings that had been held on the issue of Anaheim Hills Annexation No. 28 to the Sanitation District. He then explained the situation relative thereto and further asked that the matter be agendized for the Council meeting of September 8,. 1981. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss a personnel matter with no action anticiapted; the City Attorney also requested a Closed Session to discuss litigation with no action anticipated. 81-1194 City Hall, Anaheim, California - COUNCIL MINUTES - September 1, 1981, 1:30 P.M. RECESS: Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:55 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:08 P.M.) ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, September 8, 1981, at 12:00 Noon, to the Sixth Floor Conference Room of the Civic Center, for the purpose of a Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (5:08 P.M.) LINDA D. ROBERTS, CITY CLERK