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1981/11/0381-1327 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 12:00 Noon Mayor Seymour called the adjourned regular session to order on Tuesday, November 3, 1981 at 12:00 Noon in the Council Conference Room. RECESS--CLOSED SESSION: Be general consent, the City Council recessed into Closed Session. (12:00 noon) AFTER RECESS: The Mayor called the meeting to order all Council Members being present, with the exception of Councilman Overholt. (1:37 P.M.) ADJOURNMENT: On motion by Councilman Roth, seconded by Councilman Bay, the adjourned regular meeting of November 3, 1981 was adjourned. Councilman Overholt was absent. MOTION CARRIED. (1:37 P.M.) LINDA D. ROBERTS, CITY CLERK 81-1328 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3, 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 PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Norm Priest HUMAN RESOURCES DIRECTOR: Garry McRae PLANNING DIRECTOR: Ron Thompson UTILITIES MANAGEMENT SERVICES MANAGER: Darrell Ament ASSISTANT CUSTOMER SERVICE MANAGER: Don Metzger BUILDING SR. ELECTRICAL INSPECTOR: Harley Hesse Mayor Seymour called the meeting to order an~ welcomed those in attendance to the Council meeting. INVOCATION: Reverend Ron Winckler, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONDOLENCE: A resolution of condolence was unanimously adopted by the City Council to be delivered to the family of Wilbert H. Bonney, who passed away October 26, 1981. Mr. Bonney helped guide and educate thousands of young people in preparing Anaheim for its role today as a major metropolitan community. 119: RESOLUTION OF COMMENDATION: A resolution of commendation was unani- mously adopted by the City Council to be presented to Dr. Joseph P. Ersek, 1981 Man of the Year as named by the First Friday Fiars. 119: RESOLUTION OF INVITATION: A resolution of invitation was unanimously adopted by the City Council and presented to Harriet T. English, Co-Chairman, officially extending an invitation to the Youth Bands of the World to partici- pate in the First "International Music Olympics" in the Spring of 1982 in Anaheim. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held June 23, 1981. Councilman Overholt seconded the motion. Councilman Roth abstained since he was not present at that meeting. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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. 81-1329 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3~ 1981, 1:30 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,256,826.26, in accord- ance with the 1981-82 Budget, were approved. 175: ELECTRIC UTILITY BILLINGS - JUNE AND JULY~ AUGUST AND SEPTEMBER; t981: (Continued from the meeting of October 27, 1981--see minutes that date). Councilman Bay referred to memorandums dated October 15 and October 21, 1981 from Public Utilities General Manager Gordon Hoyt (on file in the City Clerk's office) generated as a result of his questions on utility billings during the subject period. The memorandum of October 21, 1981 contained a number of exhibits (A through F) giving specific responses to questions previously raised by him. He then s,,mmarized what occurred since his request for answers, including his meetings with the Utilities Department Management and the Data Processing Manager, during which they discussed the Electric Utility billing problems that occurred in June, July and August. He also summarized the numerous problems encountered referencing the aforementioned reports. In concluding, he stated with all of those problems combined into one four-month period, it was understandable why there were some emotional electric bills. Councilman Bay then recommended that the Utilities Department make two changes: (1) that customer information be included on the portion of the utility bill kept by the customer instead of on the portion sent to the Department along with payment. (2) That a simplified instruction sheet in layman's terms be sent to all residential customers, preferably a mailer sent with the bills that would explain in the simplest manner the proper way to calculate their rates on the bill. The sheet could be submitted to the Council in two weeks and if acceptable, it could first be given to the news- papers in the hope that it would be printed in advance of the mailer. Councilman Bay then spoke to the Energy Cost Adjustment Billing Factor (ECABF) upon which he elaborated. He was concerned that there was no guarantee that the ECABF would remain the same, since the cost of electricity increased from the supplier. He wanted to amplify the fact that there was the potential within the rate change the Council approved that if the ECABF factor swung the other way, the public and the Council should know how that affected the per- centage increase changes, and they should be fully aware of how much it was going to go up and when. He further suggested that when they were going to change the ECABF, particularly going from negative to positive, that the Public Utilities Board be involved in looking at that change. Public Utilities General Manager Gordon Hoyt stated he did not have a problem with that in general, but he had an immediate problem. He was looking at the need for an increase within the next couple of weeks; otherwise, in six months, they would be approximately $5 million in the hole. It was, there- fore, necessary to take action quickly and after that was done, he would have no problem going back to the Board as a matter of policy. Councilman Bay wanted to see as much advance notice as possible relative to rate changes and what they were paying for electricity from the source, so that the Council would not have a credibility gap with the Utility users in the City and so they would know what they were faced with. 81-1330 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. Don Metzger, Assistant Customer Service Manager, then explained for the Mayor how they had been handling the large number of complaints that were being received relative to Utility bills that had risen to twoand three-fold. MOTION: Councilman Bay moved to direct the Utilities Department as follows: (1) that notification of an estimated bill when it occurs be on the customer- retained portion of the Utility billing; (2) that an instruction sheet which will eventually go out to all residential customers be presented to the Council within two weeks for review, the intent of which will be to lay out the method that customers can turn their kilowatt hours in dollars into cents per kilowatt. Before action was taken, Mayor Seymour suggested relative to the instruction sheet if in the same two-week time span that it be sent to the Public Utilities Board for their recommendation; Councilman Bay was agreeable, but asked that in any event, it be done in the two-week time frame. Councilman bay continued that his motion was to include, (3) that any changes to the ECABF factor be directed through the Public Utilities Board with their comments to be forwarded to the Council before going into effect. Councilman Roth seconded the motion. Before a vote was taken, Councilman Bay also clarified that he wanted the information chain open through the Public Utilities Board to the Council during the two-week period. A vote was then taken on the foregoing motion. MOTION CARRIED. 175: PARTICIPATION IN THE IVANPAH GENERATING PROJECT (FORMERLY CAL COAL PRO- JECT) OF SOUTHERN CALIFORNIA EDISON COMPANY: Consideration of authorizing a Letter Agreement dated July 7, 1981 with Southern California Edison Company for participation in the Ivanpah Generating Project, was submitted. City Manager William Talley asked that consideration of the subject participa- tion be continued one week, since they had not received the Letter Agreement back. If it was not received by next week, it would be removed from the agenda until it was received. CITY MANAGER/DEPARTMENTAL MOTION CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the following items were approved as recommended: a. 123/125: Authorizing an amendment to the agreement with John Cappelletti Associates for specialized computer programming services in connection with the City's computer systems, to allow not more than 395 hours of the total hours of the original agreement to be billed at a not to exceed amount of $38 per hour for specialized services and expertise. b. 160: Bid No. 3816: One Manual Watthour Meter Test Board. Award to Multi Amp Corporation, $22,496.38. 81-1331 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. c. 161/164: Authorizing Change Order No. 1 to the contract with Kelly-Moran, Inc., in an amount not to exceed $12,000, bringing the original contract amount to $135,502; extending the contract completion date by 20 working days; and reducing the contract retention to 5 percent for the Part Street Neighbor- hood Area Storm Drain Improvements project. d. 123/167: Authorizing an agreement with Basmaciyan-Darnell, Inc., in an amount not to exceed $1,500, for preparation of plans, specifications and cost estimates relating to the construction of traffic signals at the intersection of Brookhurst Street and Catalina Avenue. e. 148: Authorizing renewal of membership in the National League of Cities in the amount of $4,188, for calendar year 1982. MOTION CARRIED. 153: TEMPORARY HELP SERVICE CONTRACTS: A request to authorize the Human Resources Department to solicit proposals from firms interested in providing temporary help services, and to implement the third year of the outside agency temporary help program, was submitted. Councilman Bay first relayed for the Mayor the results of research he had done relative to the City's usage of temporary help. MOTION: At the conclusion of discussion between the Mayor and Councilman Bay on the matter, Councilman Overholt moved to authorize the Human Resources Department to solicit proposals from firms interested in providing temporary help services, and to implement the third year of the outside agency temporary help program, as recommended in memorandum dated October 28, 1981 from Human Resources Director Garry McRae. Councilwoman Kaywood seconded the motion. Councilman Seymour voted "no". MOTION CARRIED. Mayor Seymour again expressed his opposition as he had since the program was first proposed, that being he did not agree with the philosophy that the City needed to staff temporary help to fill in for illnesses and vacations and that those vacancies could be covered from within, as in the private sector. CITY MANAGER/DEPARTMENTAL RESOLUTION CONSENT CALENDAR: Councilman Roth offered Resolution No. 81R-511 through 81R-517, both inclusive, for adoption. Refer to Resolution Book. 161: RESOLUTION NO. 81R-511: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT ALPHA, AUTHORIZING THE ESTABLISHMENT OF A DATE, TIME AND PLACE THEREFOR, AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT PUBLIC HEARING. (to include a one-acre site identified as Parcel l(a) along Harbor Boulevard between Chartres and Cypress Streets) 81-1332 City Hall, Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. 123/129: RESOLUTION NO. 81R-512: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE LEASE PURCHASE OF FIVE VAN PELT 1500 GPM TRIPLE COMBINATION PUMPERS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE AND PURCHASE AGREEMENT WITH FMC CORPORATION, VAN PELT OPERATION, FOR THE LEASE/PURCHASE OF SAID PUMPERS. ($762,083.66, 5-year) 153: RESOLUTION NO. 81R-513: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM AMENDING RESOLUTION NO. 81R-83 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 47, UTILITY EMPLOYEES UNIT. (creating the class of Heavy Equipment Operator, effective October 23, 1981) 101: RESOLUTION NO. 81R-514: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SANTA ANA CANYON NO. 10 ANNEXATION. (property located on the south side and north side of Santa Aha Canyon Road, east of Eucalyptus Drive) 130: RESOLUTION NO. 81R-515: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING STORER CABLE T.V. PROGRAM SCHEDULE. 156/160: RESOLUTION NO. 81R-516: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 81R-172 PERTAINING TO THE SALE OR DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY. 156: RESOLUTION NO. 81R-517: A RESOLUTION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 81R-166 PERTAINING TO THE SALE OR DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY. Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 81R-511 through 81R-517, both inclusive, duly passed and adopted. 156: AUCTION OF UNCLAIMED PROPERTY: Councilwoman Kaywood offered Resolution No. 81R-518 for adoption, authorizing the Police Department to conduct an auction of unclaimed property at 425 North Harbor Boulevard on November 21, 1981, 9:00 a.m., and in the event of inclement weather, November 28, 1981, 9:00 a.m., as recommended in memorandum dated October 27, 1981 from Police Chief George Tielsch. Refer to Resolution Book. RESOLUTION NO. 81R-518: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AN AUCTION OF UNCLAIMED PROPERTY ON NOVEMBER 21, 1981. 81-1333 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3, 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-518 duly passed and adopted. MOTION: Councilwoman Kaywood moved to direct the City Clerk to publish the notice of said auction and of the City's intention to transfer unclaimed property to the Purchasing Division for City use. Councilman Roth seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for 10 minutes. (3:05 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:17 P.M.) PUBLIC HEARING - VARIANCE NO. 3237 AND NEGATIVE DECLARATION: Submitted by James T. and Shirley Hanney Rmfferty, to retain a groundmounted antenna on RS-5000(SC) zoned property located at 178 Paseo Robles, with a Code waiver of prohibited antenna. The City Planning Commission, pursuant to Resolution No. PC81-204, disapproved a negative declaration from the requirement to prepare an environmental impact report and also denied Variance No. 3237. (Planning Commission Resolution No. PC81-221 was also adopted nunc pro tunc with regard to persons in attendance at the Planning Commission meeting of October 19, 1981). The Planning Commission's decision was appealed by James T. Rafferty, owner, and public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. James T. Rafferty, owner, 178 Paseo Robles, first gave his extensive back- ground as an ameteur radio operator and explained that he purchased his present home in August of 1974 only after receiving confirmation that there were no CC&R's as they pertained to antennas. He then presented his argument in favor of being able to retain the antenna. In the course of his presentation, Mr. Rafferty submitted letter February 10, 1976 from a Jay R. St.Germain thanking him for helping to pass messages to concerned families in the aftermath of the Guatemalan earthquake, a notification of proposed construction of the tower within the City Limits and copy of a petition signed by residents in favor of allowing the antenna to remain in place. He also showed a plot map of the area indicating in yellow those homes having roof-mounted antennas which were also prohibited in the Scenic Corridor Overlay Zone, but he was the only one cited. He also expanded upon the interference problems alleged to have been experienced by neighbors, specifically the Calhouns, the property adjacent to the rear of his home. He emphasized that the issue before the Council was not interference but a variance to permit his antenna to remain in place. In concluding, Mr. 81-1334 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3~ 1981~ 1:30 P.M. Rafferty respectfully requested that Variance No. 3237 be granted considering the following: The fact that he had been constantly operating his federally- licensed ameteur radio station from his home over the past seven years, that the present ordinance created a severe hardship because it would deprive him the use of and ability to communicate with his station and that he was living in an area with severe topographical limitations which constituted sufficient extrordinary circumstances. The Mayor then asked to hear from those in favor of granting Variance No. 3237. The following people spoke in favor of retention of the antenna, their main reasons being that if the variance were denied, it would set a dangerous precedent throughout the City, since it would affect all licensed amateur radio operators; the interference level was much less when an antenna was high in the air and clear of adjacent TV antennas; and as a high ranking officer in the amateur radio field if the antenna were not allowed, Mr. Rafferty could no longer carry on his duties: Wade Faircloth, 1111 South Keats; Dr. Wayne Overbeck, Associate Professor of Communications at Cai State Fullerton, 5818 Woodlake Avenue, Woodland Hills; Dr. William Doud, 6316 Vermont Street, Long Beach; Joan Faircloth, 1111 South Keats. The Mayor then asked to hear from those in opposition to the granting of Variance No. 3237. Mrs. D. D. Calhoun, 6000 Paseo Rio Azul, explained t~at she shared a rear property line with the Rafferty's. She first emphasized that the Planning Commission disapproved a negative declation status relative to preparing an environmental impact report on the project. She then elaborated upon the problems of interference in her household when transmissions were made by Mr. Rafferty. She and her husband had not been indifferent to the installation of the 70-foot antenna but outraged by it, and further, their environmental rights were being violated by the visual intrusion of the antenna. She implored the Council to concur with the decision of the Planning Commission that the antenna must come down and that they deny a negative declaration status relative to an environmental impact report. Doing otherwise would set a dangerous precedent in the Scenic Corridor. During her presentation, she asked that the photographs submitted to the Planning Commission at the October 19, 1981 meeting be shown to the Council depicting the visual intru- sion of tha antenna in relation to her property. She als0 submitted an additional letter of opposition from one of her neighbors who could not be in attendance. Mr. Merle Calhoun, 6000 Paseo Rio Azul, stated, putting the interference problem aside, his main objection was to the looks of the antenna and its detrimental effect on the aesthetics of the surroundings. There being no further persons who wished to speak either in favor or in opposition, the Mayor then gave the applicant an opportunity to rebut the arguments made by the opposition. 81-1335 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 'P.M. Mr. James Rafferty then responded to the various points of opposition raised by the Calhoun's. The Mayor closed the public hearing. Mayor Seymour in trying to resolve what he considered to be a neighborhood "squabble" offered the following to Mr. Rafferty as a solution: That the variance be approved but wit~ the following stipulations (1) that the antenna be raised only during night-time hours to preclude the visual intrusion (i.e., raised no earlier than sunset and lowered by sunrise. He added that it could be raised during daylight hours only in the event of an emergency but in concert with the City of Anaheim's Emergency Services Division. If there was an emergency during the day and he (Rafferty) cleared it through the City's Emergency Services Division, the antenna could be raised in assisting the City. (2) That Mr. Rafferty be willing within all reasonableness to provide the proper filters to mitigate interference to all property owners requesting same within 300 feet, as he offered. Mr. Rafferty requested a short period of time to consider the Mayor's proposal. RECESS: By general consent, the Council recessed for 10 minutes. (5:00 p.m.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (5:12 p.m.) Mr. Rafferty thereupon agreed to the above stipulations as set forth by the Mayor. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Seymour, seconded by Councilman Roth, the City Council finds that this project would have no significant environmental impact, as recommended by staff after having reviewed the proposal and Initial Study recommending that a negative declaration be approved, the project is, therefore, exempt from the require- ment to prepare an EIR. MOTION CARRIED. Councilman Seymour offered Resolution No. 81R-519 for adoption, reversing the findings of the City Planning Commission, granting Ordinance No. 3237, subject to the following Interdepartmental Committee recommendations and the addition- al stipulations as agreed to by Mr. Rafferty: 1. That the existing radio antenna structure shall meet the minimum standards of the City of Anaheim, including the Uniform Building, Electrical, and Mechanical Codes as adopted by the City of Anaheim. 2. That the existing radio antenna structure on subject property shall con- form to plans and specifications on file in the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That the petitioner shall obtain all necessary building permits no later than January 3, 1982. 81-1336 City Hall, Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. 4. That the antenna can be raised only during night-time hours - raise no earlier than sunset and lower by sunrise. 5. That the applicant be willing within all reasonableness to provide the property filters to mitigate interference for equipment such as T.V.'s, radios, stereos, tape-recorders, etc., upon request of all property owners within 300 feet of the antenna. Refer to Resolution Book. RESOLUTION NO. 81R-519: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3237. Roll Call Vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 81R-519 duly passed and adopted. 107: PUBLIC HEARING - 1981 EDITION OF NATIONAL ELECTRICAL CODE: To consider adoption of the 1981 Edition of the National Electrical Code, with amendments thereto, and adding a new Chapter 15.16 to Title 15 of the Anaheim Municipal Code. Mr. Ron Thompson, Planning Director, introduced the proposed resolution set- ting forth local conditions justifying amendments to the National Electrical Code, 1981 Edition, and briefed the Council on memorandum dated September 30, 1981 (on file in the City Clerk's office) recommending that Anaheim join with 17 other jurisdictions in Orange County in not permitting aluminim wire in sizes smaller than number six wire. After questions were posed to staff by the Council, Mayor Seymour referred to letter dated November 3, 1981 just received from Mr. Bryan W. Vaughan, Chairman, Building Codes Committee, Orange County Chapter, Building Industry Association (BIA) of Southern California, Inc., attached to which was a chart taken from IAEI News, September-October, 1981 reporting and tabulating fires and accidents of electrical origin involving 174 cities throughout the country (on file in the City Clerkls office). In the last paragraph on Page 1 it indicated that ~naheim's proposed amendments to the 1981 National Electrical Code were not in compliance with the State Housing Law requirements and, therefore, would not be effective or operative for any purposes. Mr. Thompson pointed out that the State law set forth a requirement for justi- fication of amendments based on local conditions. The Mayor then asked if statistics were available relative to fires caused in the City by aluminum wiring; Mr. Thompson answered that the Fire Marshal indicated there were quite a number involved, that the information was in the computer, but they did not have a program established to retrieve it. When he asked how long it would take to access that information, he was informed that the problems in so doing involved time, manpower, cost and priorities. 81-1337 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. City Attorney Hopkins then clarified for Councilman Bay the information contained in the November 3, 1981 letter from Mr. Vaughan. The Health and Safety Code provided that changes could be made by a governing body of a city if they made express findings that the modifications or changes were needed. The findings must be made part of the public record and copy of the findings, together with modifications or changes must be sent to the Department for review and if filed by the Department, it could become effective. The find- ings must indicate that there were local climatic, geographical or topographi- cal conditions that required the modifications to be made. Mr. Harley Hesse also stated in answer to Councilman Overholt that he would say that there were approximately over 100 fires in the City over a period of 15 years involving the termination of aluminum conductors. The Mayor asked to hear from those in favor of the proposed amendments to the National Electrical Code. No one was present. He then asked to hear from those in opposition. Mr. Bryan W. Vaughan, representing the Orange County Chapter of the BIA, referred to his November 3, 1981 letter. He confirmed that he did not believe any of the nine proposed changes were in compliance with the State Housing Law, because they were not specifically related to local conditions, but any one of the amendments could be equally applied anywhere in the United States. Also, with reference to the attached tabulation, he concluded that copper wire was double as dangerous as aluminum, since the melting point was 1800 degrees with a loose connection. Aluminum wire was between 100 and 1100 degrees melt- off in a burnout before excessive heat was generated and that was an advantage, rather than a disadvantage. Relative to the BIA in Orange County, after 12 years and 15,000 houses, they experienced no more trouble with aluminum than with copper. In the case of Anaheim, the City required an extra precaution--that being copper connections with pigtailing and that was the reason why there were no records of failure, because they did not exist. If they were going to be objective, he urged that they compare the copper wire failures side by side with the aluminum wire failures. He also hoped that they would not get side stepped in the case of aluminum wire in order to justify the eight other proposed changes. City Manager Talley confirmed that the City of Anaheim did not require pig- tailing as Mr. Vaughan had alleged; Mr. Hesse also confirmed that the ordinance being recommended did not require pigtailing. That ordinance was identical to the one the BIA asked them to accept, the only change being the deletion of aluminum conductor in sizes smaller than number six wire. He also confirmed for Councilman Bay that all the proposed changes were accepted by the BIA except the aluminum wiring. Mayor Seymour also wanted to know from staff the local climatic, geographical, or topographical conditions which prompted the proposed amendments as well as the information from the Fire Department relative to the fire incidences caused by aluminum wiring, and that that information exist in writing before they adopt the proposed ordinance. 81-1338 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3; 1981; 1:30 P.M. MOTION: Councilman Bay moved that the hearing be continued one week so that staff could collect more information from the Fire Department. Before action was taken, further discussion followed between the Council and staff clarifying the request for information which in finality was to include evidence relative to fires caused by aluminum wiring and facts that would demonstrate that the proposed nine amendments were reasonably necessary because of local climatic, geographical, or topographical conditions. MOTION: Councilman Overholt moved that the hearing be continued to December 1, 1981, at 3:00 p.m., to give staff an opportunity to answer all of the questions raised. Councilman Roth seconded the motion. Councilwoman Kaywood voted "no". MOTION CARRIED. MOTION: Councilman Roth moved that accurate records be kept establishing ii any more fires in the City are caused by aluminum or copper wiring. Council- woman Kaywood seconded the motion. MOTION CARRIED. 128: MONTHLY FINANCIAL STATEMENT - THREE MONTHS ENDED SEPTEMBER 30~ 1981: On motion by Councilman Roth, seconded by Councilman Overholt, the Monthly Financial Statement for the three months ended September 30, 1981, was ordered received and filed. MOTION CARILIED. 153: CREATION OF JOB CLASS - ASSISTANT PUBLIC UTILITIES GENERAL MANAGER - POWER RESOURCES: Amending Resolution No. 81R-499 which established rates of compensation for classes designated as Administrative Management, and creating the job class of Assistant Public Utilities General Manager - Power Resources. City Manager William Talley clarified for the Mayor that the total cost package for the new position was $52,884, plus 4%, with a burden of 16% over that, retirement plus medical coverage, and other insurance amounting to approximately $9,000. The new assistant would direct the generation projects of the Utilities Department, as well as other assignments as designated by the General Manager of Utilities. He also confirmed that at the time the General Manager came to the Council for approval of the creation of such a position, it was to be a position from which the General Manager could draw upon to replace himself. However, during the process and because of salary limita- tions, they could not find a candidate to fill the requirements and the city's need for an assistant to eventually replace the General Manager. The Mayor stated he was goiing to oppose the proposed action based upon some public comments he had made at the time the Public Utilities General Manager and City Manager came to the Council to ask for the position to be filled on the basis that the position would eventually be one to take over the day-to-day functions of the Department, thereby relieving Mr. Hoyt and providing for someone to fill his position when he retired. Last Tuesday, he made it clear he was no longer going to favor what he considered to be unreasonable and outrageous pay scales, particularly in the management level (see minutes October 27, 1981). His other reason for opposition was due to the fact that he had repeated time and again that what was needed in the 81-1339 City Hall, Anaheim, California - COUNCIL MINUTES - November 3~ 1981~ 1:30 P.M. Utilities Department was some type of "on-hands" management to cure the types of problems discussed at the outset of the meeting today (re Utility billings). Until they instituted some type of management training program to groom those at the lower levels to move up and assume responsibility, the Council and citizens were going to be faced with continuing frustrations with the Utilities Department. Councilman Overholt offered Resolution No. 81R-520 for adoption, amending Resolution No. 81R-499 which established rates of compensation for classes designated as administrative management, and creating the job class of Assistant Public Utilities General Manager-Power Resources. Refer to Resolution Book. RESOLUTION NO. 81R-520: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 81R-499 WHICH ESTABLISHED RATES OF COMPENSA- TION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (effective November 6, 1981) Roll Call Vote: AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood and Bay Roth and Seymour None The Mayor declared Resolution No. 81R-520 duly passed and adopted. 105/101: CONFLICT OF INTEREST CODE - ANAHEIM (CALIFORNIA) STADIUM, INC.: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the Conflict of Interest Code adopted by the Board of Directors of the City of Anaheim (California) Stadium, Inc. was approved, as recommended in memorandum dated October 26, 1981 from City Attorney William Hopkins. MOTION CARRIED. 123: DEVELOPER AGREEMENT - MOH-TAL, INC.: A request for an amendment to the agreement with Moh-Tal, Inc., relating to resale controls, was submitted. City Attorney Hopkins explained that there was a question relative to the provision that the second trust deed be non-forgiveable forever and if the property was sold in the future, even after the five-year period, to someone not in a low or moderate income bracket that the trust deed would then be due and payable. Mr. Floyd L. Farano, Attorney, 2555 East Chapman, briefed the Council on his letter requested dated October 23, 1981 (on file in the City Clerk's office), the purpose of which was to clarify the Council's intent in acting upon a motion of February 3, 1981 (see Council minutes that date) relative to the affordable aspects of the project at 715 Webster Street and the resale controls of that project. The agreement purported to control the sales price during a five-year period so as to maintain the affordable nature of the units; however, paragraph 3 of the agreement required a "non-forgiveable" second trust deed in favor of the Housing Authority in the amount of the 81-1340 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. difference between the sales price and the appraised value of the units. latter was the point of contention raised by the developer, whether the Council intended to have the trust deed effective as a lien against the property past the five-year period. The It was Councilwoman Kaywood's opinion that was exactly the case because a 144% density bonus was allowed. The intent was that it not be permitted to be a quick five-year profit for someone. Councilman Bay maintained that at the time the discussion took place, they were still debating and trying to set a time period and the arguments went from five to fifteen years. In his opinion, he did not believe the Council set five years, nor did they have the intent of putting controls on forever on anything. He felt the Council should now clarify their intent on the non- forgiveable trust deed in this specific case. Councilman Roth felt it was clear in the previous minutes (February 3, 1981) which stated "Councilman Roth stated he did not have any objections to the five years." He did, however, object to anything over five years. Councilman Overholt stated on this project that was his recollection and intent as well; Mayor Seymour stated that was also his intent, that it be a non-forgiveable trust deed for the first five years. MOTION: Councilman Seymour moved that the contract be amended to include that it be a non-forgiveable trust deed for the first five years, deleting paragraph No. 3 of the development agreement. Councilman Roth seconded the motion. Before a vote was taken, additional discussion, debate and questioning between the Council, staff and the developer, Mohammad Mahpar and Mr. Farano took place. Councilwoman Kaywood pointed out that on February 3, 1981 the vote was a 5-0 '~es" vote. She would not have voted '~es" had it been for five years with a 144% density bonus. At the conclusion of discussion, a vote was taken on the foregging motion. Councilwoman Kaywood and Councilman Bay voted 'bo". MOTION CARRIED. 105: APPOINTMENT TO THE REDEVELOPMENT COMMISSION: Councilman Seymour moved to consider the appointment of a Redevelopment Commissioner at this time. Councilman Overholt seconded the motion. MOTION CARRIED. Mayor Seymour opened nominations for an appointment to the Redevelopment Commission to fill the vacancy created by the resignation of Mr. Ian Skidmore for the term ending June 30, ~1985. Councilman Roth nominated Mr. Doug Renner. 81-1341 City Hall, Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. Councilwoman Kaywood moved to close nominations. Councilman Bay seconded the motion. MOTION CARRIED. Mr. Renner was thereuon appointed to the Redevelopment Commission. Councilman Overholt moved to cast a unanimous ballot appointing Mr. Doug Rennet to the Redevelopment Commission for the term ending June 30, 1985. MOTION CARRIED. 105: STATEMENT OF ECONOMIC INTERESTS AND DECLARATION OF ASSETS WITHIN PROJECT ALPHA - EARL C. MCBURNEY: City Clerk Linda Roberts announced that in accord- ance with the Political Reform Act and the Health and Safety Code, newly appointed Planning Commissioner, Earl C. McBurney, had filed his Statement of Economic Interests and Declaration of Assets located within Project Alpha. 173: APPLICATION OF FOR TAXI SERVICE: An application by Dr. John Nahavandi and Jorge N. Juan, Union Taxi/Limousine/Tours, requesting a permit to operate a taxi service, was submitted. The City Clerk referred to letter dated October 30, 1981 from the Yellow Cab Company, Larry Slagle, Vice President, requesting that consideration of the subject application be continued to November 24, 1981, rather than November 17, 1981'as requested by the applicant, as he would be out of town and unable to give input on November 17. Councilman Roth moved to continue consideration of the subject application for taxi service to November 24, 1981. Councilman Bay seconded the motion. MOTION CARRIED. 173: APPLICATION FOR LIMOUSINE SERVICE PERMIT: An application by Joseph P. Osborn, A-1 Limousine, requesting a permit to operate a limousine service, was submitted. Councilman Roth moved to approve a limousine service permit submitted by Joseph P. Osborn, A-1 Limousine, 1402 South Knott Street, as recommended in memorandum dated October 28, 1981 from the License Collector, Cordelia Short, in accordance with Anaheim Municipal Code Section 4.72.020. Councilman 0verholt seconded the motion. Before a vote was taken, Councilwoman Kaywood asked if notices had been sent to residents within 300 feet since she had received constant complaints on the matter; City Clerk Roberts explained that such notification is not required, however notification to other public transportation companies is required and was sent. Mr. Joseph Osborn, 1402 South Knott Street, stated that since the previous hearings when the Council approved his operation under a Home Occupation Permit, he did not believe any complaints had been filed; Annika Santalahti, Assistant Director for Zoning, reported that they had not received any recent complaints. They had received some but were never able to verify them, and Mr. Osborn, in fact, still had a valid Home Occupation Permit. 81-1342 City Hall, Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. Mr. Osborn explained that he was operating three vehicles at the time the Home Occupation Permit was granted, but he had since cut down to one vehicle which he and his son drove. Mayor Seymour asked if he would stipulate that he would operate only one vehicle for as long as his license was in effect. Although the neighborhood had not been notified, and he felt they should have been, he was willing to approve the application as long as Mr. Osborn would stipulate to one vehicle only. If he wanted two vehicles, he would then want to hear from the neighbors. Mr. Osborn agreed to the stipulation and stated he would be happy to have notification sent to everybody in the neighborhood and not just those within 300 feet should he apply for more than one vehicle in the future. Councilman Roth accepted the stipulation as part of his motion of approval and Councilman Overholt accepted it in his second. A vote was then taken on the foregoing motion. MOTION CARRIED. 108: HEARING - STAR VOYAGER AMUSEMENT CENTER: An appeal of the decision of the Planning Director denying an Amusement Devices Permit Application for the Star Voyager Amusement Center, 2816 West Lincoln Avenue for 20 amusement devices, was submitted. The decision of the Planning Director was appealed by the applicant, Farshid Tahvildari, and hearing scheduled for this date. Mr. Farshid Tahvildari spoke in defense of locating the proposed amusement center at 2816 West Lincoln Avenue and questioned why his application was denied when one was approved for Shakey's Pizza across the street. The Mayor explained the procedure followed under Ordinance No. 4239 which was adopted on July 14, 1981, relative to permits for amusement arcades (see memorandum dated October 30, 1981 from the Planning Department with regard to the sub3ect request for permit--on file in the City Clerk's office). The new procedure gave the Planning Director the authority to deny such a permit should a majority protest (51%) be received from residents and business tenants within 300 feet of the proposed arcade. In this case, the application was opposed by 79 people, or 62%. The following people then spoke in oppositon to the granting of an amusement devices permit under the subject application, their main reasons being their concern over potential vandalism to cars and real property, the security of older people when walking the area, the business would not add anything to the community, the adjacent apartment complex was very well kept and the proposed business would bring a number of teenagers into the area who would do damage to the premises: Mr. Herb Steele, 2828 West Lincoln, Apt. 331, spokesman for the apartment complex; Mrs. Raymond Anderson, 2828 West Lincoln; there were six people present in opposition including Mrs. Anderson as evidenced by a show of hands. 81-1343 City Hall~ Anaheim, California - COUNCIL MINUTES - November 3~ 1981, 1:30 P.M. Mr. Tahvildari then offered some comments in rebuttal. MOTION: Councilman Seymour moved to uphold the Planning Director's denial of the application for an Amusment Devices Permit for the Star Voyager Amusement Center, 2816 West Lincoln Avenue. Councilman Bay seconded the motion. MOTION CARRIED. CONSENT CALENDAR ITEMS: On motion by Councilman Roth, seconded by Councilman Bay, 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 Risk Management Department or the City's Claims Administrator: a. Claim submitted by Mrs. Philip Spergel for personal property damages pur- portedly sustained as a result of claimant's car hitting a hole in the south- bound lane of Euclid past Crone, on or about September 12, 1981. b. Claim submitted by State Farm Insurance (Myron and Doris Kushner, insured) for personal property damages purportedly sustained as a result of insured's car being damaged by a City street sweeper, on or about August 3, 1981. c. Claim submitted by Dianne Hickman for personal property damages purported- ly sustained as a result of claimant driving through fresh tar that was un- marked as such at the intersection of Manchester and Santa Aha Streets, on or about September 25, 1981. d. Claim submitted by Independent Taxidrivers' Union of California for losses purportedly sustained due to harrassment by police and Code enforcement officials, on or about May 1981 until present. e. Claim submitted by Gary Rantz for personal property damages purportedly sustained as a result of accident with City vehicle on Coffman Street, north of Lincoln Avenue, on or about June 2, 1981. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 105: Community Redevelopment Commission--Minutes of September 16 and October 7, 1981. b. 140: Anaheim Public Library--Monthly Statistical Report for September 1981. MOTION CARRIED. CONSENT CALENDAR ITEMS: Councilwoman Kaywood offered Resolution Nos. 81R-5 21 through 81R-529, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. 81-1344 Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. 158: RESOLUTION NO. 81R-521: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Donald G. Brooks, et ux.; Heinrich Virro, et ux.; Gerard F. Warde, et al.; William D. Greschner Company, Inc.) 169: RESOLUTION NO. 81R-522: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: BARRIER FREE ANAHEIM NO. 6 STREET IMPROVEMENT, AREA BOUNDED BY SANTA ANA RIVER, BALL ROAD, STATE COLLEGE BOULEVARD AND LINCOLN AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-793-6325-E3540; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on December 3, 1981, at 2:00 p.m.) 125: RESOLUTION NO. 81R-523: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: DATA PRO- CESSING FACILITY IMPROVEMENTS, 290 SOUTH ANAHEIM BOULEVARD, IN THE CITY OF ANAHEIM, ACCOUNT NO. 24-932-6325; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECI- FICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened December 3, 1981, at 2:00 p.m.) 167: RESOLUTION NO. 81R-524: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT PEDESTRIAN CROSSING ON MAGNOLIA MORE OR LESS 190' SOUTH OF GREENLEAF, IN THE CITY OF ANAHEIM, ACCOUNT NO. 01-794-6325-E4200; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEAl.ED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on December 3, 1981, at 2:00 p.m.) 164: RESOLUTION NO. 81R-525: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LAKEVIEW AVENUE SEWER IMPROVEMENT, N/O LA PALMA AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-790-6325-~D340; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on December 3, 1981, at 2:00 p.m.) 81-1345 City Hall~ Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. 164: RESOLUTION NO. 81R-526: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LINCOLN AVENUE FEDERAL AID PROJECT STORM DRAIN I~IPROVEMENT, HES-L031(007), LINCOLN - FROM RIO VISTA STREET TO 438' W/O AND RIO VISTA STREET - FROM HEMPSTEAD TO LINCOLN AVENUE, IN THE CITY OF ANAI{EIM, ACCOUNT NOS. 13-791-6325-El140, 47-791-6325-El140 AND 49-795-6325-F0240; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEAl, ED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on December 3, 1981, at 2:00 p.m.) 169: RESOLUTION NO. 81R-527: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: STREET STRIPING AND PAVEMENT MARKING - MAINTENANCE CONTRACT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 12-796-6325-6010, 01-238-6340-00002, 01-238-6340-00001 AND 01-238-6340-00005; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened on December 3, 1981, at 2:00 p.m.) 169: RESOLUTION NO. 81R-528: 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: LA PAI/~A AVENUE FEDERAL AID URBAN PROJECT - STREET & STORM DRAIN IMPROVEMENT - FAU NO. M-L073(1), IN THE CITY OF ANAHEIM, ACCOUNT NOS. 13-793-6325-E3230 & 51-606-6329-25610-34320. (Five States Plumbing, Inc.) 176: RESOLUTION NO. 81R-529: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANb~HEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (Canyon Rim Road, public hearing set for December 1, 1981, 3:00 p.m., 81-8A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 0verh01t, Kaywo0d, Bay, Roth and Seymour None None The Mayor declared Resolution Nos. 81R-521 through 81R-529, both inclusive, duly passed and adopted. ORDINANCE NO. 4279 AND 4280: Councilwoman Kaywood offered Ordinance No. 4279 and 4280 for adoption. Refer to Ordinance Book. 81-1346 City Hall, Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. 142/149: ORDINANCE NO. 4279: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 14, CHAPTER 14.32, SECTION 14.32.430 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 14, CHAPTER 14.32, SECTION 14.32.430, SUBSECTIONS .010 AND .020 IN ITS PLACE RELATING TO HANDICAPPED PARKING. (reserved parking for the handicapped on privately-owned and operated parking lots) 142/118: ORDINANCE NO. 4280: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.12.060 TO CHAPTER 1.12 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO CLAIMS AGAINST THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL M_EMBERS: COUNC IL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance Nos. 4279 and 4280 duly passed and adopted 142/149: ORDINANCE NO. 4281: Councilman Bay offered Ordinance No. 4281 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4281: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE BY REPEALING SUBSECTIONS .080, .090, .460, .550, .580, AND .720 AND ADDING NEW SUBSECTIONS .080 AND .460 IN THEIR PLACE RELATING TO PARKING. (No Parking at any time on both sides of East Street, from North City Limits to Ball Road, and on both sides of Kraemer Boulevard, from the North City Limits to the South City Limits) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4281 duly passed and adopted. ORDINANCE NO. 4282 AND 4283: Councilwoman Kaywood offered Ordinance No. 4282 and 4283 for adoption. Refer to Ordinance Book. 142/156: ORDINANCE NO. 4282: AN ORDINANCE OF THE CITY OF AAHEIM AMENDING TITLE 7 BY ADDING THERETO CHAPTER 7.48, SUBSECTIONS 7.48.010 AND 7.48.020, OF THE ANAHEIM MUNICIPAL CODE PERTAING TO POLICE PROTECTION OF CANINES. ORDINANCE NO. 4283: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-40, CO) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance Nos. 4282 and 4283 duly passed and adopted. 81-1347 City Hall, Anaheim~ California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. ORDINANCE NO. 4284: Councilman Roth offered Ordinance No. 4284 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4284: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-4, RM-3000, Tract No. 11176) Roll Call Vote: AYES: NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Ordinance No. 4284 duly passed and adopted. 142: ORDINANCE NOS. 4285 AND 4286: Councilman Roth offered Ordinance Nos. 4285 and 4286 for first reading. ORDINANCE NO. 4285: AN ORDINANCE OF THE CITY OF ANAHE//~ RESCINDING TITLE 6, CHAPTER 6.44, OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 6, CHAPTER 6.44, IN PLACE THEREOF PERTAINING TO NUISANCES. ORDINANCE NO. 4286: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (80-81-30, CO) 111: COMMENDATION ON THE HALLOWEEN FESTIVAL COMMITTEE: Councilman Overholt and Councilwoman Kaywood both extended congratulations and commendations to anyone and everyone connected with this year's outstanding Halloween Festival. 114: MITO SISTER CIIY GIFT OF TREES: Councilman Overholt stated since he would be leaving on Saturday, November 7, 1981 for Mito, Japan with the Sister City Exchange Committee, he would like to be able to present to Mayor Wada the recommendation contained in memorandum dated October 30, 1981 (on file in the City Clerk's office) from the Deputy City Manager relative to the $10,000 which Mayor Wada presented to the City under our Sister City Program to purchase trees and plant them in Anaheim, contingent upon City Council approval. MOTION: Councilman Seymour moved that Councilman Overholt present staff's proposal as contained in memorandum dated October 30, 1981 to Mayor Wada of Mito, Japan regarding the planting of "Thunder Cloud" plum trees in the median on Anaheim Boulevard. Councilman Bay seconded the motion. MOTION CARRIED. 114: COUNCIL MEETING - NOVEMBER 17~ 1981: By general consent, it was deter- mined that there would be no Council meeting on November 17, 1981 due to an anticipated lack of a quorum on that date. 107: TASK FORCE PROPOSED AT THE OCTOBER 27~ 1981 DISCUSSION ON A HOME OCCU- PANCY INSPECTION PROGRAM: At the request of Councilman Bay, Planning Director Ron Thompson reported on the status of the formation of a Task Force as approved at the meeting of October 27, 1981 (see minutes that date--Re: Discussion of a Home Occupancy Inspection Program as requested by the Patrick Henry Neighborhood Council). 81-1348 City Hall, Anaheim, California - COUNCIL MINUTES - November 3, 1981, 1:30 P.M. Councilman Bay also clarified that his intention in setting up the Task Force was to try to have the representation even on both sides. When he indicated that there were to be two owners from the area, they were to be apartment owners in the Robin, Wren, Bluejay, Chevy Chase area within the 94 units. Mr. Thompson explained that in setting up the Task Force, there was a question and discussion on that point. The impression was that the intent was an apartment owner from the Patrick Henry area and one from the Citron Neighbor- hood Council Target Area. Councilman Bay was agreeable that there be one owner representative from each of those areas instead of two from the Patrick Henry area only. He wanted to be certain the apartment owners' side of the issue was brought out. 107: MOBILEHOME ORDINANCE REPORT: Councilwoman Kaywood asked the Planning Director if the subject report was scheduled to be submitted next week. Planning Director Ron Thompson answered "no". A comprehensive report sub- mitted the latter part of September contained a number of alternatives for Council consideration. They were in the process of giving the Council a status report, since they had been informed that there were two other parks that issued letters to their tenants relative to conversion. The report would include the environmental status of the Shorb-Wells property indicating the cost involved. The Mayor stated it was important that when the Council considered a General Plan Amendment to consider what they called '~obilehome park" zoning, it ought to consider its options on a relocation park, because that was going to have a lot to do with which parks were or were not going to be converted. They should come in tandem and just as soon as possible. REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to discuss litigation and personnel matters with potential litigation with no action anticipated. Councilman Roth moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (7:51 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (8:12 P.M.) ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Bay seconded the motion. MOTION CARRIED. (8:12 P.M.) LINDA D. ROBERTS, CITY CLERK*