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