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1981/08/1181-1125 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 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 FIRE CHEIF: Bob Simpson CITY LIBRARIAN: William Griffith DATA PROCESSING DIRECTOR: Phil Grammatica PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT CITY MANAGER: William T. Hopkins PLANNING DIRECTOR: Ron Thompson CITY ENGINEER: William Devitt ASSISTANT TO THE CITY MANAGER: Jim Armstrong ASSISTANT PLANNING DIRECTOR: Joei Fick ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend Rick Gastil, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the Pledge of Allegiance to the Flag. PREPARATION OF MINUTES: Councilman Overholt moved to approve the City Clerk's recommendations contained in her memorandum dated August 7, 1981 that the use of tape recordings of City Council meetings be continued, that cassettes be retained for a period of two years, and that the suggested guidelines for pre- paration of minutes, as submitted July 28, 1981, in report entitled, "Survey of Practices Re: Minutes In Other Local Jurisdictions, Exhibit A", be fol- lowed, using an action type minutes format. Councilman Bay seconded the motion. MOTION CARRIED. MINUTES: Councilman Roth moved to approve the minutes of the meeting held February 24, 1981 with corrections as noted. Councilman Bay seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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 $1,809,988.88, in accor- dance with the 1981-82 Budget, were approved. 81-1126 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. CONDITIONAL USE PERMIT NO. 1419: City of Anaheim, to revoke Conditional Use Permit No. 1419, which permits the establishment of a preschool and Christian Day school facility for a maximum of 50 pupils on RM-1200 zoned property located at 305-325 East Broadway, under authority of Code Section 18.03.091, for failure to comply with the conditions of approval. Public hearing on the subject is scheduled for Tuesday, August 18, 1981, at 8:00 p.m. Pastor Dan Davidson, Anaheim Baptist Church, requested that, due to some serious conflict in schedules of their attorneys, it would be difficult for them to be present next Tuesday night, the earliest convenient time being September 22, 1981. Later in the meeting, staff contacted the citizens group who were in opposi- tion to the CUP, and they expressed their further opposition to the requested continuance. It was the consensus of the Council that the public hearing be held as scheduled on Tuesday, August 18, 1981, at 8:00 p.m. and that Pastor Davidson be notified accordingly. 106: IMPACT OF BASEBALL STRIKE ON CITY REVENUE AND EXPENDITURE ADJUSTMENTS FOR FISCAL YEAR 1980/81 and 1981/82: City Manager William Talley briefed his report dated August 6, 1981 with attachments Schedule I and Schedule II (on file in the City Clerk's office). There was a correction relative to Claims For Refund From Stadium Scoreboard Advertisers. He was advised that Toyota had the right to either take a prorated refund or extend their agreement, thus representing an additional liability of approximately 320,000. Councilman Bay expressed his interest in not only eliminating the loss of revenues due to the strike, but also, since they had the opportunity, to find another $250,000 that could be pared from the Budget amongst the items listed in Schedule II, the Priority Ranking List. That money could then be devoted to the first year of a four-year plan of improvements to the alleys in the Citron Neighborhood Council area as requested by the residents at the meeting of July 20, 1981 (see minutes that date). The Mayor strongly supported Coun- cilman Bay's position. Mr. Talley explained that a staff report was in progress as a result of the July 28 meeting expected to be ready in two to three weeks or possibly 30 day~ which would address City-wide alley problems and costs. MOTION: Councilman Bay moved to defer a decision for three weeks on the fol- lowing items listed in the City Manager's Priority Ranking, Schedule II, at- tached to report of August 6, 1981, thereby taking money related to internal functions and redirecting them to service the voters of the City. The balance of items on the Priority Ranking list were thereby approved. Combining Item 1, Council Contingency, $35,994, Item 2, Cable TV Deposit, $100,000, and Item 3, Ciwic Center Fund, $205,000, defer a total of $56,000; Item 5, Parking Citation Reports, $20,000; Item 14,'Employee Training Program, $10,000; Item 17, Fire Paramedic Vans, $38,040, tentatively; Item 20, Modifications To Financial Systems, $20,000; Item 23, Risk Management Program, $15,260; Item 25, Fire Reserve Pumper, $12,900; Item 28, Intergovernmental Relations Pro- gram, $1,973; a reduction in the Cappelletti and Associates contract for 81-1127 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. Data Processing services, $66,000; and the Productivity Improvement and Per- formance Auditing Training and pilot project, $45,000 (see subsequent pages of these minutes). The City Manager was requested to submit a report in three weeks relative to finding $250,000 in reductions in order to accomplish alley improvements in the Citron Neighborhood Council area. Councilman Overholt seconded the motion. MOTION CARRIED. RECESS: By general consent the Council recessed for 20 minutes. (2:50 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:10 P.M.) 176: PUBLIC HEARING - ABANDONMENT NO. 80-13A: In accordance with the appli- cation filed by the Redevelopment Agency, public hearing was held on proposed abandonment of a portion of Clementine Street, a.portion of Chartres Street and a portion of a public alley, all lying between Clementine Street and 250 feet east of Lemon Street, and between Chartres Street and New Lincoln Avenue, pursuant to Resolution No. 81R-322, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer, dated June 12, 1981 and a recommendation by the Planning Commission were submitted, recommending approval of said abandonment, subject to the following reservations: 1. Reserving unto the City of Anaheim a public utility easement over, under, along and across the west 30 feet of said Clementine Street to accommodate both electrical power facilities and water lines presently existing within the subject area. 2. Reserving unto the Southern California Gas Company an easement 5 feet in width lying east of the east line of Lemon Street and lying within the southerly 5 feet of the northerly 16.5 feet of said Chartres Street. Mayor Seymour asked if anyone wished to address the Council; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council- woman Kaywood, seconded by Councilman Overholt, 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, cate- gorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 81R-370 for adoption, approving Abandonment No. 80-13A, subject to the two foregoing reservations. Refer to Resolution Book. RESOLUTION NO. 81R-370: A RESOLUTION OF THE CITY COUNCI OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF CLEMENTINE STREET, A PORTION OF CHARTRES STREET AND A PORTION OF A PUBLIC ALLEY. 81-1128 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 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-370 duly passed and adopted. 173: PUBLIC HEARING - YELLOW CAB COMPANY RATE INCREASE: Mr. Larry Slagle, Yellow Cab Company, application for proposed rate changes for taxicabs 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 dispatch of taxicab In report dated August 4, 1981 from Bob Kelley, Associate Planner, it was determined that the letter of application for a rate increase indicates that the increase is for the purpose of meeting operating expenses, including em- ployee wage rates and fringe benefits, and for purchasing supplies, equipment and materials. Therefore, the California Environmental Quality Act (CEQA) does not apply and an evaluation of environmental impact is not required. Mr. Larry Slagle, Vice President, Yellow Cab Company of Northern Orange County, 1619 East Lincoln Avenue, spoke in support of his request as outlined in letters dated July 15, 1981 and July 22, 1981 with attachments. The Mayor asked to hear from those in support or in opposition; there being no response, he closed the public hearing. ENVIRONmeNTAL IMPACT REPORT FINDING: Councilman Seymour moved that the re- quested fare increases are for the purpose of meeting operating expenses and purchasing supplies, equipment and materials and therefore the California Environmental Quality Act does not apply. Councilman Roth seconded the motion. MOTION CARRIED. Councilman Seymour offered Resolution No. 81R-371 for adoption, approving the subject requested rate increases. Refer to Resolution Book. RESOLUTION NO. 81R-371: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A PATE INCREASE TO YELLOW CAB COMPANY OF NORTHERN ORANGE COUNTY, INC. FOR TAXI SERVICE IN THE CITY O~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-371 duly passed and adopted. 81-1129 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. PUBLIC HEARING - VARIANCE NO. 3226: Application by Heinrich and Martha Virro, to retain a garage conversion on RM-1200 zoned property located at 912 North Lemon Street, with a Code waiver of minimum number of parking spaces, was sub- mitted. The City Planning Commission, pursuant to Resolution No. PC81-134, reported that the Planning Director had determined that the proposed activity falls within the definition of Section 3.01, Class 1 of the City of Anaheim guide- lines to the requirements for an Environmental Impact Report and is therefore categorically exempt from the requirement to file an EIR and further, denied Variance No. 3226. The Planning Commission's decision was appealed by Heinrich Virro, applicant, letter dated July 6, 1981, and public hearing scheduled this date. Mr. Valdra Koskloff, personal friend of and reprgsenting Mr. Virro, spoke in favor of Mr. Virro's being able to retain his garage conversion for the reasons stated in the letter of appeal° Mro Virro confirmed through Mr. Koskloff that he would be willing to eliminate one of the three apartment units, thereby leaving only two units, reducing the occupancy of the building, if there was no other way that the Variance could be granted. The Mayor asked if anyone wished to speak either in favOr or in opposition; there being no response, he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the City Council ratified the de- termination of the Planning Director that the proposed activity falls within the definition of Section 3.01, Class 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, cate- gorically exempt from the requirement to file an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 81R-372 for adoption, granting Variance No. 3226, reversing the findings of the City Planning Commission, with the stipulation that there would be only two units. Refer to Resolution Book. RESOLUTION NO. 81R-372: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3226. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL ME~ERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-372 duly passed and adopted. 104: PUBLIC HEARING - STREET LIGHTING ASSESSMENT DISTRICT NO. 1980-6: To consider objections to the improvements of proposed Street Lighting Assessment District No. 1980-6 for Romneya Drive, Raleigh Street, Ravenna Street, Riviera Street, Ralston Street and Citron Lane in Tract No. 2302. 81-1130 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. The Mayor asked if anyone wished to speak to the subject Street Lighting Assessment District, as outlined in a letter dated July 28, 1981 from Deputy City Manager James Ruth sent to the residents within the subject tract; no one wished to speak. The Mayor closed the public hearing. Councilwoman Kaywood offered Resolution No. 81R-373 for adoption. Refer to Resolution Book. RESOLUTION NO. 81R-373: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING THAT THERE WAS NOT A MAJORITY PROTEST AGAINST STREET LIGHTING ASSESSMENT DISTRICT 1980-6, TRACT NO. 2302. 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-373 duly passed and adopted. 123/175: CONTRACT PROGRAMMING SERVICES - CAPPELLETTI AND ASSOCIATES: City Manager William Talley briefed report dated August 11, 1981 from Data Proces- sing Director Phil Grammatica, recommending an agreement with John Cappelletti Associates for programming services in connection with the development and maintenance of the City's computer system, at a cost to the General Fund of $132,000; and authorizing execution of the contract submitted July 28, 1981 in the amount of $330,000 (includes $198,000 Utility funded portion); for the period of August 3, 1981 through June 30, 1982. He noted that in the previous discussion relative to the effects of the baseball strike Councilman Bay indi- cated that amongst the other items that he asked be deferred in the Priority Ranking List was a reduction in the subject contract, and, therefore, he (Talley) was going to ask that the amount of the contract be reduced by $66,000 and that that amount also be considered in three weeks. MOTION: On motion by Councilman Roth, seconded by Councilman Overhoit,' $264,000 of the subject contract amount was approved, with consideration of the Balance of ~66,000 be continued for three weeks. MOTION CARRIED. 123/175: CONTRACT PROGRAMMING SERVICES - TRES SYSTEMS, INCORPORATED: City Manager Talley briefed memorandum dated August 11, 1981 from the Data Proces- sing Director recommending that the Council approve an agreement for contract programming services with TRES Systems, Inc. (see minutes July 28, 1981). MOTION: Councilman Roth moved to authorize an agreement with TILES Systems, inc., zn an amount not to exceed $150,000 for specialized computer programming services for the City's Utility Billing System, for the period of August 3, 1981 ~hrough June 30, 1982. Councilwoman Kaywood seconded the motion. 81-1131 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. Before a vote was taken, Councilman Bay stated that he could not support the motion on the basis that if they could not get enough information out of the Specialist from TRES Systems, Inc., so as to gain control over assembler type programs, there was no indication it was going to be accomplished in a year from now either. Mayor Seymour stated that he could not support the $150,000 a year man (see minutes July 28, 1981). A vote was then taken on the foregoing motion. Councilmen Bay and Seymour voted "No". MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE SWEEPER: On motion by Councilman Roth, sec- onded by Councilwoman Kaywood, the Purchasing Agent was authorized to issue a purchase order, without competitive bidding, to the Tennant Company for one sweeper at a total cost of $31,082.38, including tax and options, as recom- mended in memorandum dated July 29, 1981 from Purhcasing Agent John Thomason. MOTION CARRIED. 153: EMPLOYEE GROUP LIFE INSURANCE POLICY: Councilman Overholt moved to approve Group Insurance Policy No. 56431 by the Equitable Life Assurance Society of the United States issued to the City, effective January 1, 1981, and authorizing the Human Resources Director to sign the Policyholder's Application for Group Insurance, as recommended in memorandum dated August 5, 1981 from Human Resources Director Garry McRae. MOTION CARRIED. 148: MEMBERSHIP IN THE UNITED STATES CONFERENCE OF MAYORS: (Continued from the meeting of June 30, 1981). Mayor Seymour stated that the subject item should also face the test of setting priorities. Since a $6,000 expenditure was involved, although he felt it would be of benefit to be a member of the U. S. Conference of Mayors, considering that expenditure as opposed to the same amount being spent in alley improvement, he suggested that they not join the U.S. Conference of Mayors at this time, but review the matter next year. He asked that the item be withdrawn. 134: INITIATION OF GENERAL PLAN AMENDMENT STUDY - 6.38 ACRE CITY-OWNED PROP- ERTY - SOUTH SIDE OF LINCOLN AVENUE, WEST OF THE SANTA ANA RIVER: Council- woman Kaywood moved to initiate a General Plan Amendment study to consider alternate proposals of land uses for 6.38 acres of City-owned property located on the south side of Lincoln Avenue and west of the Santa Ana River, as recom- mended in memorandumd received August 5, 1981 from Assistant Director for Planning Joel Fick. Councilman Overholt seconded the motion. MOTION CARRIED. 123/156: POLICE DEPARTMENT EXPANSION - PURCHASE OF MODULAR BUILDINGS AND BUD- GET TRANSFER: (Continued from the meeting of July 28, 1981--see minutes that date). City Manager Talley explained that when the item was submitted to the Council on July 28, 1981, the cost was $316,800 for the modular units from Pepsico. He reported that today, Assistant City Manager Hopkins received a communication from the Sales Representative noting that the owner, PBS Build- ing Systems, had agreed not to charge the City July rentals, provided that they receive an executed contract in that month. Although they had tried to get PBS to extend another month, they (PBS) asked that they be paid the $6,480 in addition to the contract amount. The new figure was, $323,280. 81-1132 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. Councilman Roth offered Resolution No. 81R-374 and 81R-375 for adoption, the first approving the concept of the purchase from Pepsico Building Systems, Inc., of certain modular buildings located at 401 South Harbor Boulevard, at a cost of $323,280, and authorizing the City Manager to enter into an agreement with a financial institution for the acquisition of certain modular buildings, and the second declaring and determining that work on modification of certain modular buildings at 401 South Harbor Boulevard may be performed better and more economically by City employees. Refer to Resolution Book. RESOLUTION NO. 81R-374: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE CONCEPT OF THE PURCHASE OF CERTAIN MODULAR BUILDINGS FOR THE POLICE DEPARTMENT EXPANSION AT 401 SOUTH HARBOR BOULEVARD AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AND PURCHASE AGREEMENT WITH A FINANCIAL INSTITUTION FOR THE ACQUISITION OF CERTAIN MODULAR BUILDINGS. RESOLUTION NO. 81R-375: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING, DECLARING AND DETERMINING THAT THE MODIFICATIONS TO CERTAIN MODULAR BUILDINGS AT 401 SOUTH HARBOR BOULEVARD MAY BE PERFORMED BETTER AND MORE ECONOMICALLY BY CITY ~MPLOYEES. 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-374 and 81R-375 duly passed and adopted. MOTION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, transfer of $52,523 was authorized from Project Account No. 24-990-6755 to appropriate operating accounts to secure additional items and services in connection with expansion. MOTION CARRIED. 116: PRODUCTIVITY IMPROVEMENT TRAINING PROGRAM: An agreement with Price Waterhouse & Co. at an estimated cost of under $45,000, to provide formal training in techniques of productivity improvement and performance auditing and, further, to conduct an initial pilot project with City staff was sub- mitted (continued from the meeting of July 28, 1981--see minutes that date). On motion by Councilman Seymour, seconded by Councilman Overholt, considera- tion of the subject agreement was continued three weeks, along with the balance of the items on the Priority Ranking List and subject to the receipt of the report from the City Manager as previously discussed. MOTION CARRIED. 167: AWARD OF CONTRACT - TRAFFIC SIGNAL MODIFICATION AND MEDIAN INSTALLA- TION: Account No. 49-795-6325-E5280. Councilman Overholt offered Resolution ~q'6~R-376 for adoption, awarding a contract as recommended by the City Enginger in his memorandum dated August 4, 1981. Refer to Resolution Book. 81-1133 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. RESOLUTION NO. 81R-376: 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 EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BALL ROAD AND WALNUT STREET, IN THE CITY OF ANAHEIM, ACCOUNT NO. 49-795-6325-E5280. (Steiny and Company, Inc., $30,395.12) 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-376 duly passed and adopted. 155: ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION - ADDITIONAL 1.5 PERCENT OWNERSHIP INTEREST IN SAN ONOFRE NUCLEAR GENERATING STATIONS (SONGS) UNITS 2 AND 3: On motion by Councilman Bay, seconded by Councilman Overholt, the City Council finds that this project will have no adverse environmental impacts since the Initial Study indicates that the increased participation by the City of Anaheim in ownership of SONGS Units 2 and 3 (1.5%) will ha've no impact on the environment and is, therefore, exempt from the requirement to prepare an environmental impact report. MOTION CARRIED. 175: $92 MILLION BACK-UP LINE OF CREDIT FOR THE SAN ONOFRE BOND ANTICIPATION NOTES: Councilman Overholt moved to authorize a letter agreement dated July 28, 1981, with the Bank of America National Trust and Savings Association to extend their commitment to provide a $92 million back-up line of credit to the City in connection with the San Onofre Bond Anticipation Notes, and authorizing the General Manager to execute same, as recommended in memorandum dated August 3, 1981 from Public Utilities General Manager Gordon Hoyt. Coun- cilman Seymour seconded the motion. MOTION CARRIED. 175: ORDINANCE NO. 4252: Councilman Seymour offered Ordinance No. 4252 for first reading. ORDINANCE NO. 4252: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE AND SALE OF 392,000,000 ELECTRIC REVENUE BOND ANTICIPATION NOTES OF SAID CITY AND PRO- VIDING THE TERMS AND CONDITIONS OF SAID NOTES. Public Utilities General Manager Gordon Hoyt thereupon noted that on Page 6 of the proposed ordinance under "i" the following addition was to be included in accordance with the recommendations of Bond Counsel--following 15% per annum--"(except that any Note issued pursuant to the Revolving Credit Agree- ment referred to in Section 16 shall bear interest at a rate, which may vary from time to time, equal to sixty (60%) percent of the rate of interest pub- licly announced from time to time by the Bank of America National Trust and Savings Association in San Francisco as its prime rate)," and... 81~1134 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. Mayor Seymour accepted the foregoing addition to the Ordinance. He also con- sidered it important that Mr. Hoyt provide the Council with timely reports as to his movements on the placement and rolling of the notes and that those be provided within a week of the action; Mr. Hoyt indicated he would do so. 180: EXCESS GENERAL LIABILITY AND DAMS INSURANCE AND ERRORS AND OMISSIONS: Councilman Roth moved to accept the Letter of Offer dated July 31, 1981 from Marsh & McLennan, City's Contract Broker, for Excess General Liability and Dams insurance in the amount of $205,400 and Public Officials Errors and Omis- sions insurance in the amount of $11,064, as recommended in memorandum dated August 5, 1981 from Risk Manager Jack Love. Councilman Bay seconded the motion. MOTION CARRIED. 139/129: OPPOSING STATE PREEMPTION OF LOCAL AUTHORITY TO PROHIBIT THE SALE OF FIREWORKS - SB799 (MELLO) AND SB999 (CAMPBELL): Councilman Bay moved to oppose the State restrictions on local government's ability to deny the sale of "safe and sane" fireworks and authorizing the Mayor to sign letters to be forwarded to Senator William Campbell (SB999) and members of the Assembly Com- mittee on Governmental Organization, with letters to be amended as articulated by the Mayor. Councilman Overholt seconded the motion. MOTION CARRIED. 123: ENGINEERING SERVICES - BURRUEL RESERVOIR: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, a first amendment to the agreement with Protection Engineering Associates was authorized, increasing the original contract amount to a total not to exceed $12,767, for additional engineering services and repairs in the amount of $4,267 on the Burruel Reservoir, as rec- ommended in memorandum dated August 3, 1981 from the Public Utilities Board. MOTION CARRIED. 108: APPLICATION FOR AMUSEMENT DEVICES PERMIT - GALAXY GAMES: Councilman Overholt moved to approve the application for approximately 50 machines for Galaxy Games, 3488 E. 0rangethorpe, Steven G. Natale, Applicant. Councilman Roth seconded the motion, as recommended by the Police and Planning Depart- ments. Before a vote was taken, Mr. Steve Natale, applicant, 25032 Rudolph Circle, E1 Toro, explained for Councilwoman Kaywood that he had since spoken with Great American Sandwich and Furniture Plus and they signed his petition indicating that they now had no opposition. Chandlier Hairstyles was outside of the 300 foot radius. A vote was then taken on the foregoing motion. MOTION CARRIED. 131: REQUEST THAT STATE ROUTE 55 BE DESIGNATED A FAP ROUTE: City of Costa Mesa and Newport Beach requestiing that State Route 55 be designated a Federal Aid Primary (FAP) Route (continued from the meeting of August 4, 1981--see minutes that date). City Engineer William Devitt confirmed for Councilman Overholt that the Council's prior action taken on March 17, 1981 (Resolution 81R-114) accomp- lished what had been requested by Councilwoman Kaywood, as explained in his memorandum dated August 6, 1981. No further action was necessary. 81-1135 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. 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, was submitted. City Clerk Roberts announced that Mrs. Jones, who had been present, requested a continuance of the subject to either September 1 or September 15, 1981, and that Mrs. Mauck, also present, agreed. On motion by Councilman Seymour, sec- onded by Councilwoman Kaywood, consideration of the subject was continued to either September 1 or September 15, 1981. MOTION CARRIED. CONSENT CALEND~dt ITEMS: On motion by Councilman Roth, seconded by Councilman Seymour, 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 allowed payment: a. Claim submitted by Marion D. Wilkinson for personal injuries purportedly sustained as a result of accident in the Pearson Park Theatre, on or about June 25, 1981. b. Claim submitted by Anaheim National Bank for loss of revenue purportedly sustained as a result of the public improvement project at State College Boulevard and La Palma Avenue between June 15 and July 3, 1981. The following claims were allowed: c. Claim submitted by The Boston Store, Inc., for damages purportedly sus- tained as a result of plumbing services required when a problem occurred with meters serving 2040 East Lincoln Avenue, on or about June 2, 1981. d. Claim submitted by Miguel Burgos for damages purportedly sustained as a result of spike damaging tire at exit of Convention Center, on or about July 5, 1981. e. Claims submitted by Allstate Insurance for David and Roberta Rastall, Insured, for damages purportedly sustained when City truck #1076 backed into claimant's car on Lincoln Avenue, east of State College Boulevard, on or about June 19, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Redevelopment Commission--Minutes of June 24, 1981. b. 175: Public Utilities Board--Minutes of July 2, 1981. (Unapproved). 3. 108: APPLICATIONS: In accordance with the recommendations of the Chief of Police, the following applications were approved: a. Amusement Devices Permit: Robert Lektorich, dba Robsam Games, Mama Cozza's Restaurant, 2170 West Ball Road, for 1 new amusement device. 81-1136 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. b. Amusement Devices Permit: Ronald Frederick Schnabel, Zip Liquor, 1013 North ~gnolia Street, for 4 existing amusement devices. c. Amusement Devices Permit: Jim Louis Bice, dba Willie's Game Service, Broadway Market, 2174 West Broadway, for 3 new amusement devices. d. Amusement Devices Permit: John Robert Hurley and Mitchell Kenneth Shook, dba University Amusements, Granny's Donut Shop, 100 South Brookhurst Street, for 2 existing amusement devices. The following application was denied, as recommended by the Anaheim Union High School District. e. Amusement Devices Permit: Gregory Wayne Stephens, dba Games Unlimited, Good Spirits Liquor, 2801 West Ball Road, Unit No. 1, for 2 existing amusement devices. MOTION CARRIED. Councilwoman Kaywood voted "No" on "b" above, application for an Amusement Devices Permit for Zip Liquor. She explained that a hotline call had been received opposing the Amusement Devices being allowed, since they attracted children to the Liquor Store, and it was very poor environment for minors. 108: AMUSEMENT DEVICES PERMIT APPLICATION - PIZZA MACHINE: Frank Shigeru Kamimura, Pizza Machine, 2801 West Ball Road, Unit No. 15, for 3 existing amusement devices. Mr. Kamimura spoke in his behalf appealing the recommendation of the disap- proval of the requested permit in accordance with the recommendations of the Anaheim Union High School District (AUHSD). His was a very decent business and he had received no complaints or experienced any problems. His business hours were from 1i:00 a.m. to 2:00 p.m. and from 5:00 p.m. to 9:00 p.m. He was closed from 2:00 p.m. to 5:00 p.m. and Dale Junior High School dismissed their students at 2:30 p.m. He suggested that he personally speak with the AUHSD and explain his situation. Councilman Overholt felt that the matter should be trailed until Mr. Kamimura had an opportunity to speak with the School District; Council Members Roth and Bay were concerned in the fact that the School District had recommended that the application for an Amusement Devices Permit not be approved. MOTION: Councilman Seymour moved that consideration of the subject Amusement Devices Application be continued for two weeks to give the applicant an oppor- tunity to talk with the School District. Councilman Overholt seconded the motion. MOTION CARRIED. 170: FINAL MAP - TRACT NO. 11178: Developer, Ebrahim Talebi; tract is loca- ted on the west side of Webster Avenue, north of Ball Road and contains a 1-lot, 30-unit RM-3000 zoned subdivision. On motion by Councilman Roth, sec- onded by Councilman Overholt, the proposed subdivision, together with its 81-1137 City Hall, Anaheim, California - COUNCIL MINUTES - August 11, 1981, 1:30 P.M. design and improvements, was found to be consistent with the City's General Plan, and the City Council approved Final Map, Tract No. 11178, as recommended by the City Engineer in his memorandum dated August 3, 1981. Councilwoman Kaywood and Councilman Bay voted "No". MOTION CARRIED. Councilwoman Kaywood explained she voted "No" because she voted against the project initially, since it represented a 144% density bonus. It represented 35 units to the acre for condominiums, and it was an apartment project on paper. 142/107: ORDINANCE NO. 4253: Councilwoman Kaywood offered Ordinance No. 4253 for first reading. ORDINANCE NO. 4253: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1, CHAPTER 1.01 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO SECTION 1.01.389, RELATING TO ENFORCEMENT OF THE CODE. 173: SENATE SELECT COMMITTEE ON SOUTHERN CALIFORNIA TRANSPORTATION PROBLEMS: Councilwoman Kaywood reported that the subject meeting held by Senator Carpenter last week was attended on her behalf by Pam Lucado, Associate Planner, who had submitted a detailed report. The State felt the whole free- way system was in place and thus was not concerned with any of their prob- lems. She was on the Select Committee and the Advisory Committee and would welcome any input for future meetings. 107: WATER SLIDE ACCIDENT IN THE CITY OF ORANGE: Councilman Bay suggested that in light of the recent water slide accident in Orange where the plastic material used in construction failed, that a similar water slide located in Anaheim be double-checked to see if it was potentially dangerous. His con- cerns were from the standpoint of public safety. City Manager Talley reported that his staff talked to the Building Department that morning and was assured that the construction on the water slide in Anaheim was substantially superior to that where the accident occurred. He also explained that once such a ride was up and installed, no one had the authority to monitor or control the activities. The operators could foAlow their suggestions if they wanted to do so as a courtesy, but if deemed unsafe,- no agency could close it down. RECESS - CLOSED SESSION: The City Manager requested a Closed Session to discuss a personnel matter and labor relations. Councilwoman Kaywood moved to recess into Closed Session. Councilman Seymour seconded the motion. MOTION CARRIED. (4:35 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:00 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (5:00 P.M.) LINDA D. ROBERTS, CITY CLERK