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1983/04/19City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRE SE NT: ABSENT: PRE SE NT: COUNCIL MEMBERS: Kaywood, Overholt and Bay COUNCIL MEMBERS: Pickler and Roth CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts Mayor Pro Tem Bay called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: The Reverend Rick Gastil, Hotline Help Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Pro Tem Bay and authorized by the City Council: Great California Resource Rally Week, April 18-24, 1983. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held March 15, 1983. Councilman Overholt seconded the motion. Council Members Pickler and Roth were 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. Council Members Pickler and Roth were absent. MOTIONCARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,618,486.02 for the period ending April 8, 1983, and $2,900,089.68 for the period ending April 15, 1983, in accordance with the 1982-83 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Overholt, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council MemBer and as li~ted on the Con~ent Calendar; Councilman 0verholt offered Resolution Nos. 83R-146 and 83R-147 for adoption. Refer to Resolution Book. 1. 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 Michael J. Trimble for personal injuries purportedly sustained due to being struck by a City-owned vehicle, on or about November 26, 1982. 277 City Hall, Anaheim~ California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. 2. Claim submitted by Patricia L. Nixon for son William Scott Nixon for personal property damages to claimant's son's car purportedly sustained due to actions of a City crew at 226 South Agate Street, on or about February 14, 1983. 3. Claim submittad by Barbara Thomas for personal property damages in home purportedly sustained due to City tree roots in sewer line at 805 Nancita Street, on or about February 19, 1983. 4. Claim submitted by Colene Anderson for personal property damages to copier machine purportedly sustained due to a power surge at 1026 South Barnett, on or about January 29-30, 1983. 5. Claim submitted by Corrine Montgomery for personal injuries purportedly sustained due to a slip-and-fall accident at Anaheim Stadium, on or about December 2, 1982. 6. Claim submitted by Don McIntyre for personal property damages to electronic flash power pack for photography equipment purportedly sustained due to a power outage at 515 South Harbor Boulevard, on or about January 26, 1983. 7. Claim submitted by Farmers Insurance Group, Craig Strubbs, Insured, for property damages to car purportedly sustained due to a malfunctioning traffic signal on Ball Road near Brookhurst Street, on or about December 2, 1982. 8. Claim submitted by Kimbra Lee Robertson for personal injuries purportedly sustained due to improperly maintained and controlled traffic flow in the Anaheim Stadium parking lot, on or about January 30, 1983. 9. Claim submitted by Hahn and Jilio, Inc., for damages purportedly sustained due to failure of City to pay claimant's fee for a transcript of two hearings, on or about April 12-18, 1982. B. Claims denied and referred to Governmental Programs Division/Markel Services, Inc.: 10. Claim submitted by Joel Eric Lorenz for false arrest and personal injuries purportedly sustained due to actions of Anaheim Police Officers at 9812 Lullaby Lane, on or about December 9, 1982. 11. Claim submitted by Richard L. and Rita M. Hooley for personal damages purportedly sustained due to actions of Anaheim Police Officers at 1685 West Crescent Avenue, on or about December 16, 1982. 12. Claim submitted by Jack Sauerwein for personal injuries purportedly sustained due to actions of Anaheim Police Officers at 400 North Harbor Boulevard, on or about January 13, 1983. 278 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. 13. Claim submitted by child of Peter Wann for personal injury damages purportedly sustained due to actions of the Anaheim Police Department against his father, on or about January 10, 1983. 14. Claim submitted by Peter Wann for personal injury damages purportedly sustained due to actions of the Anaheim Police Department, on or about January 10, 1983. 2. The following correspondence was ordered received and filed: a. 156: Police Department--Monthly Report for February 1983. b. 107: Planning Department, Building Division--Monthly Report for March 1983. c. 105: Public Utilities Board--Minutes of March 17, 1983. (unapproved). d. 173: Before the Public Utilities Board, Application No. 83-03 54, Southern California Tours, for a Certificate of Public Convenience and Necessity to operate passenger tour service, to include loading and unloading passengers in the City of Anaheim. 3. 123: Authorizing a Subordination Agreement with Maria T. Gutierrez in the amount of ~17,748, as a condition to refinancing the First Trust Deed held by Pacific Federal Savings and Loan Association at a more favorable interest rate, on an affordable unit in the Anaheim Park South Development. 4. 123: Authorizing a Subordination Agreement with Peter H. L. Vuong and Sylvia L. Vuong in the amount of ~13,500, as a condition to refinancing the First Trust Deed held by Westwood Savings and Loan Association at a more favorable interest rate, on an affordable unit in the Anaheim Park South Development. 5. 123: Authorizing an amendment to an agreement with the Anaheim Elementary School District for the use of John Marshall, Boysen, Palm Lane and Clara Barton Parks for recreation programs, to correct the omission of the mutual hold harmless clause. 6. 123: Authorizing an agreement with Robert H. Cohn, dba Bobby Cohn and Associates, for the staging of a carnival at La Palma Park as part of the Cinc0 de Mayo Fiesta April 28 though May 1, 1983, and for specific dates to be determined for 1984 and 1985. 7. 123/150: Authorizing an agreement with the County of Orange and the Orange County Harbors, Beaches and Parks District, to allow the City to install louvers on the ballfield lights at Yorba Regional Park at a cost to the County in an amount not to exceed ~50,000, and appropriating ~50,000, to be reimbursed by the County, into Account 16-819. 279 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. 8. 176: RESOLUTION NO. 83R-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (81-30A, a portion of Baxter Street between the Carbon Creek Channel and Via Burton, public hearing scheduled May 10, 1983, 1:30 p.m.) 9. 158: RESOLUTION NO. 83R-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Wind Rivers; Audrey R. Nichols; Southern California Edison Company; John W. Williams, et ux.) 10. 184: Proclaiming the termination of the local emergency caused by storm, heavy rains and flooding commencing on March 3, 1983. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M~MBERS: COUNCIL MEMBERS: Kaywood, Overholt and Bay None Pickler and Roth MOTION CARRIED. The Mayor Pro Tem declared Resolution Nos. 83R-146 and 147 duly passed and adopted. 161: DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES: Councilman Bay offered Resolution No. 83R-148 for adoption, designating an area of approximately 160 acres of land generally centered around the intersection of Weir Canyon and LaPalma Avenue as a survey area for Redevelopment study purposes, as recommended in a memorandum dated April 19, 1983, from the Executive Director of Community Development, Norman Priest. Refer to Resolution Book. RESOLUTION NO. 83R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A SURVEY AREA FOR REDEVELOPMENT STUDY PURPOSES. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Overholt and Bay None Pickler and Overholt The Mayor Pro Tem declared Resolution No. 83R-148 duly passed and adopted. 175/123: ELECTRICAL ENGINEERING DESIGN - SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEMS: Councilman Bay moved to authorize an agreement with Richard E. Sieben in an amount not to exceed $115,000, for electrical engineering design in connection with a Supervisory Control and Data Acquisition (SCADA) System and water capital projects, for a term of 30 months, and waiving Council Policy No. 401, as recommended in memorandum dated April 12, 1983, from the Public Utilities Board. Council Members Pickler and Roth were absent. MOTION CARRIED. 280 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. 134: SETTING A DATE AND TIME FOR A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 184, RECLASSIFICATION NO. 82-83-27 AND VARIANCE NO. 3328: Councilman B'ay moved to set Tuesday, May 3, 1983, at 1:30 p.m., as the date and time for a public hearing on General Plan Amendment No. 184, to consider an amendment to the Land Use Element of the General Plan from medium density residential and commercial professional to medium density residential designation on approximately 18.6 acres on the west side of Knott Street, south of Ball Road, and approving the request of the Planning Commission for the City Council to consider Reclassification No. 82-83-27, proposed RM-3000 zoning, and Variance No. 3328, to construct a 432-unit affordable condominium complex with waivers of a) minimum lot area per dwelling unit, b) maximum site coverage, c) minimum floor area, and d) minimum recreational-leisure area, in conjunction with said GPA. Councilman Overholt seconded the motion. Council Members Pickler and Roth were absent. MOTION CARRIED. ORDINANCE NO. 4419: Councilman Bay offered Ordinance No. 4419 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4419: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM ~NICIPAL CODE RELATING TO ZONING. (82-83-24, RS-A-43,000, east of the 57 Freeway, north of and including the Southern Pacific Railroad right of way, Ball Freeway No. 3 Annexation) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler and Roth The Mayor Pro Tem declared Ordinance No. 4419 duly passed and adopted. ORDINANCE NO. 4420: Councilwoman Kaywood offered Ordinance No. 4420 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4420: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (76-77-40(1), RS-HS-22,000(SC), northeast corner of Canyon Rim Road and Fairmont Boulevard, Tract Nos. 9744 a~d 9745, Boulevard Development) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt and Bay None Pickler and Roth The Mayor Pro Tem declared Ordinance No. 4420 duly passed and adopted. ORDINANCE NOS. 4421 THROUGH 4423: Councilman Bay offered Ordinance Nos. 4421 through 4423, both inclusive, for first reading. 281 City Hall, Anaheim, California - COUNCIL MINUTES - APRIL 19, 1983, 10:00 A.M. 142/108: ORDINANCE NO. 4421: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 4, CHAPTER 4.60 AND ENACTING A NEW TITLE 4, CHAPTER 4.60 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PRIVATE PATROLS. ORDINANCE NO. 4422: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (66-67-61(103), C-R, north side of Katella Avenue, east of Harbor Boulevard) ORDINANCE NO. 4423: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-36(5), RM-2400, north of Faimouth Avenue, south of Coronet Avenue, Anaheim Shores) 175: EMERGENCY ASSISTANCE FUND - UTILITY BILLS: Councilman Overholt recalled that on March 29, 1983 (see minutes that date), the last public discussion was held relative to establishment of an Emergency Assistance Fund to help pay utility bills of qualifying needy citizens. He wanted to know if any money had thus far been raised, because there was an urgent need. Later in the meeting, City Manager Talley reported that relative to "Project AMPS" (the name given the project), Don Metzger, Assistant Customer Services Manager, informed him that the Anaheim Assistance League had transferred ~1,000 to the fund, one citizen had contributed ~35, and a meeting was scheduled next week to ascertain the progress made by the Chamber of Commerce. 139: AB 1599 (COSTA): Mayor Pro Tem Bay requested that Intergovernmental Relations prepare either a resolution or a letter to be signed by all Council Members, opposing AB 1599, the Costa bill that was attempting to add punitive action by the State, such as withholding Gas Tax revenues from cities that did not comply with the State Housing and Community Development Department opinions on fair share of regional low-income housing. He had opposed the previous State change that made the Housing Element a mandatory action to the City's General Plan. This was now the next step with the normal strings that used to come with Federal funds. He reiterated he would like to see a very strong resolution or a letter for the full Council's signature. He felt that a letter would be as effective as a resolution. 139: SB 693 (CAMPBELL) - AB 465 (ROBINSON): Mayor Pro Tem Bay stated the subject two bills were mentioned at the April 14, 1983 Orange County League of Cities meeting, SB 693 being the enabling legislation to allow the County to place the one percent sales tax issue on the ballot for transportation purposes, and AB 465, still attempting to change the make-up of the Orange County Transportation Commission. There would be a great deal of discussion and dialogue on the issues in the next six months to one year. He recommended that Council Members review those bills carefully to see what their position was going to be. He heard that perhaps the two bills would be merged into some compromise before going to the Assembly or the Senate for voting. ADJOURNMENT: Councilwoman Kaywood moved to adjourn. Councilman Overholt seconded the motion. Council Members Pickler and Roth were absent. MOTION CARRIED. (10:40 a.m.) LINDA D. ROBERTS, CITY CLERK 282