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1983/01/18City Hall, Anaheim,-California - COUNCIL MINUTES - January 18, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth COUNCIL M~MBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins ASSISTANT CITY CLERK: Leonora N. Sohl PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt ASSISTANT PLANNING DIRECTOR--PLANNING: Joel Fick TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Lt. A1 Robinson, The Salvation Army, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. MINUTES: Councilwoman Kaywood moved to approve the minutes of the adjourned regular meeting held October 28, 1982. Councilman Bay seconded the motion. 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 Roth seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,077,923.28, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 83R-15 through 83R-20, both inclusive, for adoption. Refer to Resolution Book. i. 118: The following claims were filed against the City and action taken as recommended: A. Claims denied and referred to Risk Management: 1. Claim submitted by Joseph E. Durham for personal property damages purportedly sustained due to actions of a City employee at 1822 West Victoria Avenue, on or about December 4, 1982. 24 City Hall~ Anaheim, California - COUNCIL MINUTES - Januar~ 18, 1983, 10:00 A.M. 2. Claim submitted by William Frank Fletcher for personal property damages purportedly sustained due to a power surge at 1742 East Santa Ana Street, on or about September 13, 1982. 3. Claim submitted by Mr. and Mrs. Melvin Groskreutz for personal property damages purportedly sustained due to a prolonged power outage at 1623 West Ball Road, Apartment F, on or about November 30, 1982. 4. Claim submitted by Joselphine Sarno for personal property damages purportedly sustained due to a power outage at 201 North Dale Street, Apartment G2, on or about November 29 through November 30, 1982. 5. Claim submitted by Katherine G. Schroeder for personal property damages purportedly sustained due to an 18-24" high piece of cement left on the 57 freeway overpass on Lincoln Avenue, on or about October 29, 1982. 6. Claim submitted by Paul and Janet Reimche for personal property damages purportedly sustained due to a prolonged power outage at 816-1/2 North Sabina, on or about November 30 through December 2, 1982. 7. Claim submitted by Doris Riding for personal property damages purportedly sustained due to intermittent power at i940 West Elm Place, on or about November 30, 1982. 8. Claim submitted by Jacqueline Murray for personal injuries purportedly sustained due to poor lighting conditions at 135 South Lemon Street, on or about November 17, 1982. 9. Claim submitted by Joem L. Dom for personal property damages purportedly sustained due to a prolonged power outage at 2123 West Broadway, on or about November 30, 1982. 10. Claim submitted by William J. Budrewica for personal injuries and personal property damages purportedly sustained due to a traffic accident caused by an inoperative traffic signal at the intersection of Gilbert and Katella Streets, on or about October 8, 1982. B. Claims allowed payment: 11. Claim submitted by Marguerite C. White for personal property damages purportedly sustained due to actions of a City employee at 1849 West Tamara Lane, on or about November 12, 1982. (~42.47) 12. Claim submitted by Sunset Builders for personal property damages purportedly sustained due to actions of a City employee at the rear of 2150 Towne Center Place, on or about November 26, 1982. (~174.83) 2. The following correspondence was ordered received and filed: a. 109: California State Board of Equalization, 1981-82 Annual Report. (on file) 25 City Hall, Anmheim, California - COUNCIL MINUTES - January 18, 1983, 10:00 b. 107: Planning Department, Building Division--Monthly Report for December 1982. c. 159: Public Works Department, Building Division--Annual Report for 1982. d. 105: Community Center Authority--Minutes of December 13, 1982. e. 105: Anaheim Youth Commission--Minutes of December 8, 1982. 3. 123: Authorizing an agreement with Warren, McVeigh & Griffin, Inc., in an amount not to exceed ~10,000, for risk management consulting services and waiving Council Policy No. 401 relating to competitive bidding. 4. 158: Authorizing payment in the amount of ~81,000 to Hubert Bevins for modifications to the building at 336 South Anaheim Boulevard, as required by the Anaheim Boulevard Street Widening Project, Account No. 13-792-7101-E2580 (R/W 2800-30). 5. 123: Authorizing an agreement with Recreation Systems, Inc., in the amount of ~5,750 for architectural design services for the restroom/concession building at Pearson Park Amphitheatre. 164: RESOLUTION NO. 83R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND C~PLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN- MAGNOLIA STORM DRAIN IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 241-791-6325-E1240. (Bids to be opened February 17, 1983, 2:00 p.m.) 167: RESOLUTION NO. 83R-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT KATELLA AVENUE AND CLAUDINA WAY/KATELLA WAY, IN THE CITY OF ANAHEIM, FEDERAL NO. HES-L030(O07), ACCOUNT NO. 49-795-6325-E5250. (Steiny and Company, Inc., ~54,610) 101: RESOLUTION NO. 83R-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 6TH DAY OF JANUARY, 1983, FOR A PUBLIC IMPROVEMENT, TO WIT: ANAHEIM STADIUM RELOCATION OF 135' HIGH ADVERTISING TOWER. (Account No. 61-985-6325) 169: RESOLUTION NO. 83R-18: 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: GROVE STREET STREET IMPROVEMENT, E/O GROVE STREET, S/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-792-6325-E2820. (American Construction, contractor) 26 City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 18, 1983, iO:O0. A.M. 165: RESOLUTION NO. 83R-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE CCMPLETION 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 CCMPLETE THE FOLLOWING PUBLIC IMPROV~ENT, TO WIT: 1982-83 ALLEY IMPROVEMENT PROJECT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-793-6325-E3600 AND 01-793-6325-E3600. (Josip Kovac, contractor) 176: RESOLUTION NO. 83R-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (82-1A and 82-6A, setting February 15, 1983, 1:30 p.m. as the date and time for the public hearings) 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-15 through 83R-20, both inclusive, duly passed and adopted. 123: STATUS REPORT CANYON PLAZA SHOPPING CENTER: Mr. Harry S. Rinker, submitting a status report dated January 7, 1983, relating to Canyon Plaza Shopping Center access from Imperial Highway, and requesting an additional 6-month extension of time to the Temporary Access Agreement dated November 10, 1981. Submitted was a report from the City Attorney dated January 12, 1983. Mr. Alan Watts, Attorney for Mr. Pinker, confirmed for Councilwoman Kaywood that, as stated in the report, they contemplated a traffic report study would be completed by the end of January, and during early February a further meeting with the Council liaison committee and City staff would take place. He did not have any idea at this time as to the finalization of a permanent solution. City Attorney William Hopkins explained for Councilman Bay that the current extension of the Temporary Access Agreement would expire January 22, 1983, unless the Council took action to terminate the agreement. Otherwise, it would automatically be deemed extended to July 22, 1983. MOTION: Councilman Bay moved to receive and file the status report submitted by Mr. Harry Rinker dated January 7, 1983, and by the terms of the agreement that the Temporary Access Agreement be extended to July 22, 1983. Councilman Overholt seconded the motion. MOTION CARRIED. 103: SANTA ANA CANYON ANNEXATION NO. 11: Councilman Pickier offered Resolution No. 83R-21 for adoption, to initiate annexatlon~proceedings for Santa Ana Canyon Annexation No. 11, as recommended by the Planning Director in his memorandum dated January 13, 1983, and setting the date and time for a public hearing as Tuesday, February 22, 1983, at 1:30 p.m. Refer to Resolution Book. 27 City Hall, Anaheim, California - COUNCIL MINUTES - January 18, 1983, 10:00 A.M. RESOLUTION NO. 83R-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM INITIATING ANNEXATION PROCEEDINGS FOR SANTA ANA CANYON NO. 11 ANNEXATION TO THE CITY OF ANAHEIM AND FIXING A TIME, DATE AND PLACE OF HEARING OF SAID PROPOSED ANNEXATION PURSUANT TO SECTION 35220 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (public hearing set February 22, 1983, 1:30 p.m.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Resolution No. 83R-21 duly passed and adopted. 159/142: ORDINANCE NO. 4387: Councilwoman Kaywood offered Ordinance No. 4387 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4387: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .050 OF SECTION 1.12.050 OF CHAPTER 1.12 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BIDS ON PUBLIC PROJECTS. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MMMBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4387 duly passed and adopted. 107/179: ORDINANCE NO. 4388: Councilwoman Kaywood offered Ordinance No. 4388 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4388: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-12, MHP (Mobile Home Park Overlay Zone), 2111 South Manchester and 300 West Katella Avenue,' Orangewood Acres and Riviera Anaheim Mobilehome Parks) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MRMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4388 duly passed and adopted. 179: ORDINANCE NO. 4389: Councilman Pickler offered Ordinance No. 4389 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4389: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(102), C-R, 1630 South Harbor Boulevard) 28 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 18~ 1983, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MMqBERS: COUNCIL M~MBERS: COUNCIL MMMBERS: Kaywood, Pickler, Overholt, Bay and Roth None None The Mayor declared Ordinance No. 4389 duly passed and adopted. 179/108: ORDINANCE NO. 4382: Councilwoman Kaywood offered Ordinance No. 4382 for an amended first reading. ORDINANCE NO. 4382: AN ORDINANCE OF THE CITY OF ANAHE/M AMENDING VARIOUS CHAPTERS, SECTIONS, SUBSECTIONS, PARAGRAPHS AND SUBPARAGRAPHS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HEALTH SPAS AND PHYSICAL FITNESS CENTERS. (to allow as a conditionally permitted use in the Anaheim Canyon Industrial area and as a permitted primary use in all commercial zones in the City) 119/156: C(IMMENDATION OF POLICE WATCH CCMMANDERS: Mayor Roth asked the City Manager to send a memorandum to Acting Police Chief Jimmie Kennedy commending the outstanding cooperation and police work of the Watch Commander on duty Friday night, January 14, 1983, Lt. DePaola, and on Saturday night, January 15, 1983, Sgt. Kurtz, with regard to problems that occurred on both of those nights. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss personnel and labor relations with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated. Councilwoman Kaywood moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (10:25 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (12:15 p.m.) 112: ELIZABETH FISHER VS. CITY OF ANAHEIM: Councilman Roth moved to authorize the City Attorney to settle Municipal Court, North Orange County Judicial Distrlet Case No. A-32033 for a sum not to exceed ~6,000 (glizab,th Fisher vs. City of Anaheim). Councilman Bay seconded the motion. MOTION CARRIED. 114/106: TRIP TO SISTER CITY, MITO~ JAPAN: Mayor Roth requested permission to lead the 75- to 100-member delegation being planned to Anaheim's Sister City of Mito, Japan, as well as the opening of Disneyland-Tokyo, for approximately 15 days in April. He would be absent from two Council meetings. As well, he would expect the same courtesy extended to other Mayors or leaders of similar delegations that his expenses be paid for air fare and hotel accommodations amounting to $1,650. To avoid escalation of the cost, he requested that amount be authorized and paid immediately. 29 City Hall, Anaheim~ California - COUNCIL MINUTES - January 18~ 1983, 10:00 A.M. MOTION: Councilman Pickler moved that permission be granted for Mayor Roth to lead a delegation to Mito, Japan, and the opening of Disneyland-Tokyo, for approximately 15 days in April, and approving the budgeted expenditure of ~1,650 for air fare and hotel accommodations. Councilman Overholt seconded the motion. MOTION CARRIED. RECESS: Councilman Roth moved to recess to public hearing time at 1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED. (12:17 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Pickler. (1:30 p.m.) 176: PUBLIC HEARING - ABANDOk~4ENT NO. 82-7A: In accordance with application filed by California Castles, Inc., public hearing was held on proposed abandonment of a former Southern California Edison Company public utility easement acquired by the City, as Successor, located east of Beach Boulevard, south of Stonybrook Drive, pursuant to Resolution No. 82R-615, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated December 17, 1982, recommended unconditional approval of said abandonment. Mayor Roth asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIROKMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the City Council ratified the determination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Councilman Pickler was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 83R-22 for adoption, approving Abandonment No. 82-7A. Refer to Resolution Book. RESOLUTION NO. 83R-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PUBLIC UTILITY EASEMENT, LOCATED EAST OF BEACH BOULEVARD, SOUTH OF STONYBR00K DRIVE. (82-7A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MMMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth None Pickler The Mayor declared Resolution No. 83R-22 duly passed and adopted. 3O City Hall, Anaheim, California - COUNCIL MINUTES - January 18~ 1983, 10:00 A.M. 103: PUBLIC HEARING - CERRITOS--FREEWAY ANNEXATION: Submitted by the Planning Department, to consider the annexation of two unincorporated County islands having a combined area of approximately 47.46 acres located in the vicinity of Cerritos Avenue and the Orange Freeway (Route 57). The Mayor asked if anyone wished to speak. Mr. Jay Adam Sills, 11260 Platte Drive, Riverside, Foundry Investments, owner of the real property located at 14242 Winston Road, submitted a letter of protest to the proposed annexation. The objection to the annexation is based on the belief it would not be in their best interests. There being no further persons who wished to speak, the Mayor closed the public hearing. Councilwoman Kaywood asked how much property Foundry Investments owned. Mr. Joel Fick, Assistant Planning Director--Planning, answered that he had not had a chance to read the letter just submitted. However, assuming that it was a protest of 8.8 acres, that particular parcel had the majority valuation of the privately-owned parcels. As he understood the Municipal Organization Act, two options were available to the Council at this time. They could terminate the annexation or request the Executive Officer of LAFCO to request the County Assessors office to assign a value to the publicly-owned parcels, including the CalTrans property. Mayor Roth stated he had a memorandum from the City Attorney recommending that the matter be held over for two weeks to obtain a value of the publicly-owned properties. MOTION: Councilwoman Kaywood moved to continue a decision on the Cerritos Freeway Annexation for two weeks, to allow an opportunity for LAFCO to assign a value to the publicly-owned parcels. Councilman Roth seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Pickler entered the Council Chambers. (1:38 p.m.) 175: JOINT HEARING--INTERMOUNTAIN POWER PROJECT: A joint hearing with the Public Utilities Board to consider downsizing of the Intermountain Power Project from four units to two units. Chairman of the Public Utilities Board (PUB), Mr. Ken Keesee, called the Board to order, all Board Members being present, with the exception of Wynn Anderson. Mayor Roth asked to hear first from the Public Utilities General Manager. Mr. Gordon Hoyt, Public Utilities General Manager, first introduced the following people who were present in the Chambers audience and who were subsequently prepared to answer any questions of the Council or the Board: 31 City Hall, Anaheim, California - COUNCIL MINUTES - January 18, 1983, 10:00 A.M. Reece Nielsen, Chairman of the Board, Intermountain Power Agency (IPA); Joseph Fackrell, Executive Officer, IPA; William Batt, Financial Manager, IPA; Ronald Rencher, Attorney, IPA; James Anthony, Project Director, Los Angeles Department of Water and Power (LADWP); Roger Dutton, Project Architect-Engineer, Black & Veatch; Michael McCarthy, Financial Advisor, Goldman Sachs; Peter Freund, Financial Advisor, Goldman Sachs; Fenn Putman, Senior Managing Underwriter, Salomon Bros.; Winston Peterson, Consulting Engineer for Anaheim, R. W. Beck and Associates; Alan Watts, Attorney for Anaheim, Rourke and Woodruff; Robert Ferdon, Bond Counsel for IPA, Mudge Rose Guthrie & Alexander. Mr. Hoyt then gave a presentation addressing the major issues of the Intermountain Power Project (IPP) modification, those being, the reduction of Utah Power and Light Entitlement in IPP, their continuing financial obligation, refunding of IPA bonds, payments-in-aid of construction, first supplemental bond resolution, coordinating committee voting rights, options on contracts for Units No. 3 and 4, and renewal rights beyond June 15, 2027. Mr. Hoyt's presentation was supplemented by slides, printed copies of which were submitted to the Council and the Board (on file in the City Clerk's office). He briefed each document, elaborating upon the salient points contained therein. The documents included an approval and financing schedule, economic evaluation--major IPP assumptions and major Edison rate assumptions, the balance of which were charts and graphs showing projections of Anaheim's annual power cost with the proposed share of two IPP units, estimated cumulative savings in power supply costs for Anaheim, estimated annual costs of power supply, proposed shares in a two-unit, 1500 MW generating station in Utah and 1600 MW transmission system to Southern California, demand requirements and energy requirements from firm sources 1983 to 2000 and projected demand requirements 1983 to 2000. (Also see brochure entitled City of Anaheim--Public Utilities Department. The cover document in the brochure was report dated January 10, 1983, from the Public Utilities General Manager, outlining the recommendation to approve an Amendatory Power Sales Contract between the Intermountain Power Agency and the City of Anaheim, which would reduce the size of the Intermountain Power Project from a 4-unit, 3000 MW electric generating plant to a 2-unit, 1500 MW electric generating plant; provide that the California purchasers may finance the southern transmission system and consenting to Articles V and VI of the First Supplemental Power Supply Revenue Bond Resolution, as well as approving the Lay-off Power Purchase Contract among Utah Power and Light Company, the City of Anaheim and the Intermountain Power Agency~ providing the terms and conditions by which Anaheim would acquire 3 percent (45,000 KW) of contract generation entitlement share in the Intermountain Power Project. Anaheim's Contract Generation Entitlement Share, together with Anaheim's Generation Entitlement Share, would give Anaheim a 13.225 percent interest in the project (198,375 KW), Anaheim' s present Generation Entitlement Share of the 4-unit project being 10.225 percent, or 306,750 KW. The documentation contained detailed information and data on the entire issue with 16 attachments, Tab No. 1 through 16 (documents on file in the City Clerk's office). Mr. Hoyt, in explaining the alternatives that were open to them, pointed out that if the project were terminated, the City would have to pay $8,786,000 a year for the next 38 years. 32 City Hall~ Anaheim~ California - COUNCIL MINUTES - Januar~ 18, 1983~ 10:00 A.M. Questions were then posed by Councilman Bay relative to whether an economic penalty was to be assessed to Utah Power and Light in requesting a reduction of their entitlement in IPP which were answered by Mr. Hoyt, Mr. Robert Ferdon, Bond Counsel for IPA, Mudge Rose Guthrie & Alexander, 20 Broad Street, New York City, and Mr. Joe Fackrell, Executive Officer, IPA. Mr. Fackrell also pointed out it was their feeling this was the last go-around on changing participation. At this time, they were able to change the scope of the project without any participants suffering great harm. Public Utility Board Members Ken Keesee, Jim Townsend, Richard Haynie and Carl Kiefer posed questions relative to certain aspects of the proposed modification, during which Mr. Townsend expressed his concern regarding the effects of inflation, which he considered to be the dominant factor in the whole picture on future projections. The questions and concerns raised were answered by Mr. Winston Peterson, Consulting Engineer for ,~maheim, R. W. Beck and Associates, 200 Power Building, Seattle, Mr. Ferdon and Mr. James Anthony, Project Director, Los Angeles Department of Water and Power. Public Utilities Board Member Joe White stated the subject project tied in with all their commitments and investments, and he felt a recap of those projects starting in 1975 with the passage of Proposition A was in order. After giving an historic overview of those projects, Mr. White stated at this point, he would reluctantly retain the 10.225 percent of Anaheim's present generation entitlement share of IPP. He also felt that another major issue had not been broached, i.e., what effect would the Washington Public Power Supply System potential default on bonds have on the City's ability to sell their bonds. In concluding, Mr. White stated that they had the backup documentation on the proposal before them less than eight days, and he would not vote yes on any contract that he had not read or could not understand. If they could not have sufficient time, his vote was "no." He also questioned and refuted some of the projections in the chart entitled, "Estimated Annual Cost of Power Supply," Attachment No. 4 in the brochure. Mr. Winston Peterson answered Mr. White on the latter, explaining that the chart under Table 4 was not a depiction of Edison rates, but only a depiction of the total dollars to be paid to Edison for power~ and included substantial amounts of growth and usa§e as projected by the City of Anaheim. He also explained that relative to the situation in Washington and Montana broached by Mr. White, there was a dramatic difference with regard to how the projects were put together and why. In the northwest, the purpose was load growth, whereas relative to IPP, it was to displace purchases over which the City had less than adequate control. For Los Angeles, it was to get off the purchase of oil. He reiterated it was the absence of load growth that was causing the difficulty in the northwest. Mr. Fenn Putman, Senior Managing Underwriter, Salomon Bros., 1 New York Plaza, New York City, then addressed the issue of the possible default of bonds in the northwest and any affect it would have on the IPP project. During his 33 City Hall, Anaheim, California - COUNCIL MINUTES - January 18, 1983~ 10:00 A.M. presentation, he clarified that relative to the Washington Public Power Supply System, the amount of the bonds was not ~28 billion, but approximately ~2.25 billion currently outstanding on projects 4 and 5, which were the projects in question. He explained that there was no question that the situation in the northwest over 1983 would probably deteriorate from what it was today. The question the City ought to be concerned with was whether that would lock the City out of the market to continue the progress of their project. If that was the case, it would be a serious problem, but he did not believe, nor did the co-managers believe that would happen. It might raise the cost of funds, but would not stop them from going to the market. If careful attention was not paid to the project there could be a problem. The Washington Public Power Supply System offered an opportunity to look at their own situation and make certain the City did not follow suit. Public Utilities Board Member Dale Stanton then spoke to the issue stating that although the cost to "scrap" the project did not bother him, what was of real concern, if they did not go forward on the project, they would lose the advantage of getting less expensive power than they were going to get in the future. Further, they had been searching for alternate sources of power, which this coal-fired plant provided. It also included a transmission line which he felt was one of the nicest features of the project. The Mayor then asked to hear from anyone who wished to speak. Mr. Pete Nozero, 1230 South West Street, stated that he had worked on two past committees for the Chamber of Commerce. At this time, he was not speaking for the Chamber, but as an individual. Also, he had not had an opportunity to submit a minority report to the Chamber on the subject issue. He then submitted four sheets, the first two of which referred to Tab No. 1 of the report submitted to the Council and Board, one entitled, "Without Termination Costs (~000), Difference in Total Annual Power Costs (IPP-O--IPP-2)," the other--"With No Growth in Energy Requirement--Total Annual Power Costs," the both listing figures from 1984 through 1986 (on file in the City Clerk's office). Mr. Nozero briefed the data contained therein. In concluding, he recommended first that the project be terminated but failing that, he would put a hold on it until they found out the effect of the Washington Public Power Supply System case or that they stay at 10.225 percent participation and not increase it to 13.225 percent as proposed. Later in the meeting, Mr. Hoyt stated that in speaking with Mr. Peterson, he (Peterson) was having difficulty trying to analyze the numbers submitted by Mr. Nozero, which may have been a simplification in approach. Councilman Overholt then referred to letter dated January 14, 1983, from George T. Kilishek, Chairman of the Board, Anaheim Chamber of Commerce, requesting that the Council defer decision until their Board meeting on January 27, 1983. He wanted to know whether they were in a position to delay a decision today. 34 City Hall, Anaheim~ California - COUNCIL MINUTES - January 18~ 1983~ 10:00 A.M. Mayor Roth explained that the Chamber Task Force voted 4 to 1 in support, as well as the Executive Board, but that was not their official position until the Board met on January 27, 1983. Julie Emerson, Anaheim Chamber of Commerce, 130 South Lemon, clarified that in order to get a quicker response to the Council, they were polling the Board of Directors by mail and telephone and expected answers by Friday. In answer to further questions posed, Mr. Mike McCarthy, Financial Advisor, Goldman Sachs, addressed the issue of long-term interest rates, Mr. William Bart, Financial Manager, IPA, spoke on the time frame for selling the bonds, and Mr. Robert Ferdon spoke to the future refunding of outstanding bonds. The Mayor then asked if anyone else wished to speak. Mr. Pat Patterson, 924 North Helena Street, stated he was not speaking as a Member of the Chamber, although he was Chairman of the City-County Government Committee of which the IPP Committee was a portion. He was, however, speaking as a private citizen and wanted to express his concern at the lack of time they had to consider important issues that came before the City. He asked that they take all the testimony and expert opinions under advisement and make a decision not today, but in ten days or two weeks. Councilman Bay asked for a response on the request for a continuance and the effect it might have. Mr. Hoyt answered that one week would not be a big problem, but to go past next Tuesday would be getting close to a problem, because they needed all of the approvals of all of the participants by January 31, 1983, in order to go forward with the financing schedule. Mayor Roth stated at this time, he felt that the Council could make a decision, but he first asked that the Public Utilities Board take an action on the question. MOTION - PUBLIC UTILITIES BOARD: Board ~ember Stanton moved to (1) adopt the recommendations in memorandum dated January 10, 1983, from the Public Utilities General Manager, approving an Amendatory Power Sales Contract between the Intermountain Power Agency and the City of Anaheim, and approving the Lay-off Power Purchase Contract among Utah Power and Light Company, the City of Anaheim and Intermountain Power Agency, which provided the terms and conditions by which Anaheim would acquire 3 percent (45,000 KW) of contract generation entitlement share in the Intermountain Power Project; Anaheim's contract generation entitlement share, together wit'h Anaheim's generation entitlement share would give Anaheim a 13.225 percent interest in the project (198,375 KW). Board Member Haynie seconded the motion. A vote was then taken on the foregoing motion and carried by the following vote: 35 City Hall, Anaheim, California - COUNCIL MINUTES - January 18, 1983~ 10:00 A.M. AYES: ABSTAINED: NOES: ABSE~f: BOARD MEMBERS: BOARD MM~BERS: BOARD M~MBERS: BOARD MMMBERS: Stanton, Kiefer and Haynie Keesee White and Townsend Anderson Councilman Overholt stated he was concerned that the Chamber had not had an opportunity to carry out their procedure to make a recommendation one way or the other. He felt there had to be a very good reason to act today, rather than to give the Chamber an opportunity to at least have a telephone poll by Friday, or to have them review the issue at their Board meeting of January 27, 1983. Mr. Hoyt reiterated that there would be no problem delaying a decision for one week, but he was concerned over any delay beyond that. MOTION: Councilman Overholt moved that the matter be continued for one week for final action by the Council. Councilman Roth seconded the motion. Before a vote was taken, Mr. Les Riddell, President and Chief Executive Officer, Anaheim Chamber of Commerce, explained for Councilman Overholt that they had been working as close as possible with the Utility Department, and that their Board was as informed as it possibly could be. He also clarified that the poll they were taking was not a telephone poll, but a written ballot. They were following a normal procedure and they would expect that an action would be taken by the deadline on Friday. A vote was then taken on the foregoing motion of continuance. MOTION CARRIED. Mayor Roth asked that the matter be placed at the beginning of the meeting on next Tuesday. ADJOUR/%MENT - PUBLIC UTILITIES BOARD: On motion by Board Member Townsend, seconded by Board Member Stanton, the Public Utilities Board adjourned. MOTION CARRIED. (4:28 p.m.) RECESS - CLOSED SESSION: By general consent, the Council recessed to Closed Session. (4:29 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (5:05 p.m.) ADJOURkMENT: Councilman Bay moved to adjourn. Councilman Roth seconded the motion. MOTION CARRIED. (5:05 p.m.) LINDA D. ROBERTS, CITY CLERK BY Assistant City Clerk 36