1983/05/31City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRE SENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
FINANCE DIRECTOR: George P. Ferrone
INTERGOVERNMENTAL RELATIONS OFFICER: Cindy Cave
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Rick Gastil, Hotline Help Center, gave the
Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., led the assembly in the
Pledge of Allegiance to the Flag.
119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth
and authorized by the City Council:
Danny Clark Week, June 5-11, 1983.
Parks and Recreation Month in Anaheim, June 1983.
The first proclamation was accepted by Danny Clark; the Parks and Recreation
Month proclamation was accepted by A1 Peraza, Chairman of the Park and
Recreation Commission.
119: RESOLUTIONS OF COMMENDATION: Resolutions of Commendation were
unanimously adopted by the City Council and presented to Mike Putnam, Harry
Scott and Kevin Brown for their quick actions in saving the life of Robert
Smith of Huntington Beach at the Santa Ana River Lakes in Anaheim on May 12,
1983.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held March 26, 1983, and the adjourned regular meeting h~ld March 27,
1983, with an addition to Page 300 of the April 26 minutes as follows:
"Councilwoman Kaywood asked the City Attorney whether large doners of campaign
contributions over $5,000 statewide were required to file a Campaign
Disclosure Statement each year. Attorney Hopkins responded, not unless they
were committees, no individuals; otherwise just recipients are required to
file Campaign Disclosure Statements."
Before any action was taken, Councilman Overholt asked if, in fact, the
addition was a part of the tape of the meeting of April 26, 1983; City Clerk
Linda Roberts answered, yes, to her belief, but she did not include it in the
minutes since it did not pertain to fireworks, which was the subject under
discussion. The suggested addition to the minutes was not a verbatim.
431
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Mayor Roth questioned the reason for the change and he was going to instead
move for denial.
Councilman Overholt then moved to approve the minutes of the regular meeting
held April 26, 1983, as presented, without the proposed addition, but without
prejudice to Councilwoman Kaywood to move to amend those minutes on June 7,
1983, and also to approve the minutes of the adjourned regular meeting held
April 27, 1983. Councilman Pickler seconded the motion. Council Members
Kaywood and Roth voted "No" on the minutes of April 26, 1983. MOTION CARRIED.
Councilman Overholt then stated if there was a verbatim requested and the
verbatim supported Councilwoman Kaywood's recommended amendment, he would
second her motion next week. He then clarified for Councilwoman Kaywood that
he was not requesting a verbatim.
Councilwoman Kaywood thereupon requested a verbatim of that portion of the
minutes; City Clerk Roberts clarified the verbatim would include the
particular portion in which the statement was made, and not the whole issue.
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.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,020,599.41, in
accordance with the 1982-83 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilwoman Kaywood
offered Resolution Nos. 83R-212 through 83R-216, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. The following claims were rejected and referred to Risk Management:
1. Claim submitted by Shafik Haron and Shafik Haron as Guardian Ad Litem
for minor children Sausan and Tambi Haron for wrongful death of Hana Haron
purportedly sustained due to construction, design and/or maintenance of
the intersection of Euclid Street and Sallie Lane, on or about January 21,
1983.
2. Claim submitted by Bonnie Dunscombe for personal property damages to
car tire purportedly sustained due to condition of the street on Lakeview
just before the La Palma intersection, on or about March 26, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
3. Claim submitted by Dr. Steven J. Moore for personal property damages
to left rear tire of automobile purportedly sustained due to exiting of
Convention Center, northeast corner near Kat.ella Avenue, on or about
April 10, 1983.
4. Claim submitted by Pacific National Insurance Company, Bleckert's
Diesel Repair, insured, for property damages purportedly sustained due to
failure of traffic signal at State College Boulevard and La Palma Avenue,
on or about April 18, 1983.
5. Claim submitted by Edward Glen Stubbs for personal property damages to
car purportedly sustained due to an accident caused by City-owned property
at Canyon Rim and Via Arboles, on or about April 22, 1983.
B. Applications for Leave to Present Late Claims rejected:
6. Application for Leave to Present a Late Claim submitted by Carl
Clippinger for injuries purportedly sustained due to a slip-and-fall
accident in the men's restroom in the vicinity of Anaheim Lake, on or
about February 23, 1982.
7. Application for Leave to Present a Late Claim submitted by Frances
Walker for personal property damages at 1230 South Euclid, Apartment llB,
purportedly sustained due to negligence on the part of the City with
regard to the fire of April 21, 1982.
8. Application for Leave to Present a Late Claim submitted by Gladys
Walker for personal property damages at 1613 West Ball Road, purportedly
sustained due to negligence on the part of the City with regard to the
fire of April 21, 1982.
9. Application for Leave to Present a Late Claim submitted by Virginia
Cook for personal property damages at 1230 South Euclid, Apartment 20D,
purportedly sustained due to negligence on the part of the City with
regard to the fire of April 21, 1982.
10. Application for Leave to Present a Late Claim submitted by Catherine
Shanley for personal property damages purportedly sustained due to
negligence on the part of the City with regard to the fire of April 21,
1982.
11. Application for Leave to Present a Late Claim submitted by Nancy Joan
Hammett and Lisa Dawn Smith for personal property damages at 1612 Juno
Avenue, Apartment 5, purportedly sustained due to negligence on the part
of the City with regard to the fire of April 21, 1982.
12. Application for Leave to Present a Late Claim submitted by Harvey and
Lorene Demanouske for personal property damages at 1640 West Ball Road,
Apartment 209, purportedly sustained due to negligence on the part of the
City with regard to the fire of April 21, 1982.
433
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
2. The following correspondence was ordered received and filed:
a. 156: Police Department--Monthly Report for April 1983.
b. 105: Park and Recreation Commission--Minutes of February 23, 1983.
c. 105: Public Library Board--Minutes of April 20, 1983.
d. 140: Public Library--Monthly Statistical Summary for April 1983.
e. 105: Public Utilities Board--Minutes of May 5, 1983. (unapproved)
3. 108: The following applications were approved in accordance with the
recommendations of the Chief of Police:
a. Pool Room Application, Thomas A. Hubert, Wizards Arcade, 962 South Euclid
Street, to permit 6 pool tables.
b. Public Dance Permit, Kenney P. Hrabik, Arrow Productions, to hold a dance
at the Anaheim Convention Center on June 24, 1983, from 8:00 p.m. to 12:30 a.m.
4. 106: Approving the i983/84 Resource Allocation Plan Adoption Schedule,
and setting June 14, 1983, 1:30 p.m. as the date and time to hold a public
hearing.
5. 150/li9/106: Accepting a donation from the Disneyland Community Services
Award Program in the amount of $2,000 for the Anaheim Volunteer Program, and
appropriating the funds into Program 277, Teens, Co-Recreation and Volunteer
Services.
6. 153: Receiving and filing the Affirmative Action Year End Reports for
1982.
7. 123/106: Authorizing a letter agreement with California 457 Benefits,
Limited, in the amount of $5,000 to review, analyze and make recommendations
on the Deferred Compensation Plans presented by Glendale Federal Savings and
Loan, ICMA and the City Credit Union, and further authorizing said amount be
taken from the Council Contingency Fund.
8. 139: Opposing SB 637 (McCorquodale), legislation placing local government
under the jurisdiction of the State Public Employment Relations Board in the
settlement of unfair labor practice charges and communicating said opposition
to Senators Seymour and Royce.
9. 139: Opposing AB 1666 (Cortez) legislation establishing a California
Uniform Construction Cost Accounting Commission to develop procedures for cost
accounting and bidding of public works and maintenance projects.
10. 139: Opposing SB 1050 (Montoya) legislation placing municipal utilities
under the jurisdiction of the Public Utilities Commission in the setting and
regulation of pole attachment fees.
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City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
11. 123: Authorizing an agreement with Fairmont Limited, in conjunction with
Tentative Parcel Map No. 83-228, to defer payment for street improvements by
the developer on Fairmont Boulevard, south of Santa Ana Canyon Road, to
coincide with other improvements.
12. 158: Authorizing payment of ~91,771 to Adolph Philip Miller for
modifications to the building and parking lot lighting and signing at 325 and
327 South Anaheim Boulevard, as required by the Anaheim Boulevard Street
Widening Project, Account No. 13-792-7101-E2580. (R/W 2800-2)
13. 160: Accepting the low bid of Blankenship Police Supply in the amount of
~14,106.80 for 53 Nylon Windbreakers with zip out Body Armor Ballistic pack,
in accordance with Bid No. 3970.
175: RESOLUTION NO. 83R-212: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE YORBA SUBSTATION EQUIPMENT AND STRUCTURE
FOUNDATIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 55-659-6329-8603A-36200.
(Markel Cement Contracting, Inc., $9,300)
164: RESOLUTION NO. 83R-213: 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: THE HARBOR
BOULEVARD SEWER REPAIR, SOUTH OF KATELLA AVENUE, IN THE CITY OF ANAHEIM,
ACCOUNT NO. 11-790-6325-E0480. (Nick Didovic Construction Company, contractor)
.169: P~SOLUTION NO. 83R-214: 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, ANDTHE PERFORMANCE OF ALL WORK NECESSARY TO
CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: PATT STREET
AREA STREET, WATER AND PARK IMPROVEMENTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
25-793-6325-E3490; 25-806-7103-06060; AND 25-806-7103-06160, FY 1981-82. (R.
J. Noble Company, contractor)
169: RESOLUTION NO. 83R-215: 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: KATELLA
AVENUE STREET IMPROVEMENT, HASTER STREET TO WALNUT STREET, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 24-793-6325-E3710. (All American Asphalt Company,
contractor)
167: RESOLUTION NO. 83R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT GLENVIEW AVENUE AT KELLOGG DRIVE AND CHANTILLY STREET AND LA PALMA
AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 01-794-6325-E4240 AND
01-794-6325-E4250. (Baxter-Griffin Company, $69,945)
435
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-212 through 83R-216,
both inclusive, duly passed and adopted.
139: ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 38 (NAYLOR): Request of staff to
oppose Assembly Constitutional Amendment No. 38 (Naylor), a measure which
would require all taxes of a local government to be approved by two-thirds of
the voters, was submitted.
Mayor Roth stated he was not in opposition to Naylor's or Senator Seymour's
bill. He felt they did nothing more than reinforce Proposition 13 and what
was overwhelmingly passed by the citizens. He could not support opposition of
the Amendment.
Councilman Bay stated he felt the same way and he was not ready to go on
record as opposing Amendment No. 38 at this time.
Councilwoman Kaywood pointed out that Proposition 13 did not require a
two-third's vote, but a majority vote. What did get a two-thirds vote was the
$10 million Anaheim Storm Drain Bond Issue, but the Council refused to honor
that. There was a great deal of confusion and she would question anybody who
could explain the exact intent of Proposition 13. The issue ih this case was
local control and nothing more.
Councilwoman Kaywood moved to continue the item to June 7, 1983, since she
wanted the City Attorney's opinion on whether the proposed amendment was
constitutional.
Before any action was taken, Councilman Pickler stated that he did not vote
for Proposition 13 and he still did not think it had helped where it should.
If they went to a two-thirds vote, he felt it would be unfair to the people.
He instead favored a simple majority. If they kept adding a two-thirds vote
to everything, it was going to make it difficult to function. He would sign
anything they had to oppose the Amendment.
Councilman Pickler thereupon seconded the motion to continue any action for
one week.
Before a vote was taken, Councilman Overholt, referring to memorandum dated
May 31, 1983, signed by the Director of Finance and the Intergovernmental
Relations Officer, asked the Finance Director why there was a recommendation
to oppose.
Mr. George Ferrone, Finance Director, stated the major concern came out of his
position on the League Board of Directors. The thrust was not only to have
the two-thirds vote on the taxes they were normally encountering, but also on
436
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
such things as license fees and any kind of an imposition that they might want
to raise, such as the room tax issue, which would be broached today. The
essence of the amendment was talking about taking away the ability of local
government to raise a fee of any kind.
In answer to Councilwoman Kaywood, Mr. Ferrone clarified that he sat on the
League Board of Directors representing the Finance Directors of the State.
They were recommending opposition to the amendment because of the issue she
raised of interference in local control.
Cindy Cave, Intergovernmental Relations Officer, explained that Proposition 13
did require a two-thirds voter approval for a tax increase; however,
subsequently the courts had reviewed cases that dealt with taxes that would
support general purposes of local government. She cited some of those cases.
What the constitutional amendments would do would be to reverse the court
decisions and say that any kind of tax increase, whether for special purposes
or general purposes, would have to be subject to a two-thirds voter approval.
The concern was that even actions such as dealing with business licenses would
be subject to two-thirds voter approval. The Council was aware that if they
wanted to take an issue, such as enacting a utilities tax to the voters, they
could do so under the Charter City provisions, but the amendment would require
them to go to the voters. They were recommending opposition on the basis of
local control of local revenues.
Councilman Overholt stated he felt it was foolishness for the Council to take
a public position on an issue so important to the State without having full
and complete information. He would like another week to see if they could
come up with more details to see exactly what Proposition 13 did intend and
how the Naylor and Seymour amendments would implement that intention, if they
did so.
Mayor Roth requested that a copy of Seymour's amendment, ACA 26, be provided
and also a call placed to his office to ask whether he was going to propose
another amendment which would be the complete opposite as reported by
Councilwoman Kaywood (Councilwoman Kaywood interjected and confirmed that
Senator Seymour had made that statement at the League of Cities meeting which
they all heard). They should also ask for a position by the Chamber of
Commerce; Councilman Pickler felt they should receive input from both sides of
the picture which would include the League of Cities.
Councilman Bay did not believe they were going to find anyone at this time who
could tell them what Proposition 13 said, especially when numerous courts
throughout the State were busily interpreting it.
A vote was then taken on the motion for continuance to June 7, 1983. MOTION
CARRIED.
139: OPPOSITION TO SB 142 (ELLIS) REQUIRING CASH COMPENSATION BY CITIES TO
OWNERS FOR REMOVAL OF NONCONFORMING SIGNS: Cindy Cave, Intergovernmental
Relations Officer, clarified for Mayor Roth that the bill would require cash
compensation if the City required the business person to take a sign down.
She then deferred to the Assistant Director for Zoning.
437
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Annika Santalahti, Assistant Director for Zoning, briefed the Council on the
effects of the proposed bill. She stated further that is was her
understanding even if an amortization period were given, cash compensation
would be due. The only time they would begin to be more specific was when the
owner wanted to modify or reconstruct a nonconforming sign that needed work
and in that case, they were required to modify to current Code regulations.
It was usually a negotiated subject between the sign owner and the City. If
they made a serious change to their sign ordinance that would introduce an
amortization period, they would be notifying every interested person, the
Chamber of Commerce, and any sign companies for them to come in and give
information that if it turned out that signs needed to be amortized over 10
periods, what she would expect is that the ordinance would reflect a
reasonable amortization period and not one that was unduly short.
Councilman Bay stated this was specifically a case of the State attempting to
take over local control; Councilwoman Kaywood stated it was just another
example where the State was changing local laws and mandating actions that
would cost cities a great deal of money.
MOTION: Councilman Roth moved to oppose SB 142 (Ellis) legislation
invalidating local sign ordinances by requiring mandatory cash compensation by
the cities to owners for removal of any nonconforming on-premise business
signs, as recommended in joint memorandum dated May 24, 1983, from the
Planning Director and Intergovernmental Relations Officer. Councilman Pickler
seconded the motion. MOTION CARRIED.
106/167: TRAFFIC SIGNAL MODIFICATION - INTERSECTION OF SUNKIST STREET AND
BALL ROAD: Councilman Pickler questioned why they needed to spend $2,500 to
engage Weston Pringle and Associates to design the subject signal
modifications as recommended in memorandum dated May 25, 1983, from the City
Engineer. He felt they should be able to utilize the same design used on
other similar intersections in the City.
Traffic Engineer Paul Singer explained that every traffic signal was an
individual installation and, further, they needed the signal plan preparation
with specific drawings and specifications in order to bid the job.
MOTION: Councilman Bay moved authorize an expenditure of 550,000 for traffic
signal modifications at the intersection of Sunkist Street and Ball Road;
waiver of Council Policy 401 waiving bidding procedures; and authorizing
expenditure of $2,500 to engage the firm of Weston Pringle and Associates for
design of the signal modifications, as recommended in memorandum dated May 25,
1983, from the City Engineer. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
150/174: FUNDING PROPOSAL - ORANGE COUNTY REVENUE SHARING FUNDS: Councilman
Pickler moved to authorize the Parks, Recreation and Community Services
Department to submit a funding proposal to the County of Orange in the amount
of 58,775 to obtain Revenue Sharing Funds to continue services of the Senior
Citizen Day Care Center during Federal Fiscal Year 1983-84, as recommended in
memorandum dated May 23, 1983, from Christopher Jarvi, Director of Parks,
Recreation and Community Services. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
438
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
105: APPOINTMENT TO THE GOLF COURSE ADVISORY COMMISSION: Councilwoman
Kaywood nominated Mr. Mike Jacobs to fill a vacancy on the Golf Course
Advisory Commission; Councilman Roth nominated Mr. Jerry LeMar.
Councilman Roth moved to close nominations. Councilman Bay seconded the
motion. MOTION CARRIED.
A roll call vote was then taken in the order in which the nominations were
made.
Mike Jacobs:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood
Pickler, Overholt, Bay and Roth
None
Jerry LeMar:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
Mr. LeMar was thereupon appointed to the Golf Course Advisory Commission to
fill the vacancy created by the death of Mr. Tom Hoag.
Councilman Overholt, noting the many qualified individuals who had applied,
felt it was a very positive sign and he hoped that those people would apply
again should a vacancy arise.
Mayor Roth asked that a letter be sent to all of the applicants thanking them
for their interest, encouraging them to reapply as openings occurred on the
Commission.
City Clerk Roberts also confirmed that the applications would remain on file.
108: ENTERTAINMENT PERMIT APPLICATION - HUMDINGER #4: (Continued from the
meetings of May 17 and May 24, 1983--see minutes those dates.)
Mayor R0th asked if the signing violations as noted in memorandum dated
May 25, 1983, from the Zoning Division, had been brought to the attention of
the applicant; Miss Santalahti answered that the letter was going to be sent
this week.
Mayor Roth stated that any approval would be subject to compliance with the
Sign Ordinance; Councilman Bay stated that, in his opinion, the sign violation
had little or nothing to do with the issue of voting on the Entertainment
Permit. He assumed that Code Enforcement Division would take action on the
flashing neon sign that was not permitted whether or not they approved the
Entertainment Permit Application.
439
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Councilman Roth moved to approve the request for an Entertainment Permit
Application submitted by Scott Ernest Slayton, Humdinger #4, 2660 West Lincoln
~venue, to permit one dancing girl, seven days a week, from 11:00 a.m. to 2:00
a.m., in accordance with the recommendations of the Chief of Police.
Councilman Overholt seconded the motion.
~efore a vote was taken, Councilwoman Kaywood stated she was going to vote
against the motion, because the business presented a poor image for the City
and the neighborhood, and it had deteriorated the area. There was such a
proliferation of similar requests she did not think they needed to have one
more.
Mayor Roth asked if any letters of opposition had been received; Miss
Santalahti answered "no."
A vote was then taken on the foregoing motion and failed to carry by the
following vote:
Roll Call Vote:
AYES:
NOES:
AB~'~NT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Overholt and Roth
Kaywood, Pickler and Bay
None
The subject Entertainment Permit Application was, therefore, disapproved.
179' CONDITIONAL USE PERMIT NO. 2405 - CLARIFICATION OF CONDITIONS OF
APiKOVAL: Annika Santalahti, Assistant Director for Zoning, explained that
relative to the subject, the problem was basically that the lease date had
never been identified by the petitioner and, further, that it was not staff's
intent that the School District under the Conditional Use Permit would be
required to construct the block wall unless the use on the property changed.
The proposed resolution had a blank space under Condition No. 9 where the
expiration date of the lease could be inserted.
The Mayor asked if a representative from the School District was present; no
one was present.
Cou'cilwoman Kaywood noted that in a letter dated May 9, 1983, from the
Centralla gchool District (made a part o~ the record), the expiration date
the lease was stated as June 30, 1988.
Councilman Roth offered Resolution No. 83R-217 for adoption, amending
Resolution No. 83R-113 nunc pro tunc. Refer to Resolution Book.
RESOLUTION NO. 83R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2405 AS
SET FORTH IN RESOLUTION NO. 83R-113, NUNC PRO TUNC.
44O
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Before a vote was taken, Councilman Bay asked for clarification if the change
merely clarified the date of the lease.
City Attorney William Hopkins answered that was correct. It would be five
years from the date of the lease and Condition No. 9 on the revised
resolution, nunc pro tunc, would be that Condition Nos. 1, 3 and 4 shall be
complied with on or before June 30, 1988. He had not seen the lease but the
letter stated June 30, 1988. If that was correct, it should be inserted in
that blank on the second page.
Councilman Bay stated that the action was then contingent on the accuracy of
the School District letter; City Attorney Hopkins stated that was correct.
Councilman Overholt asked what would occur if they did not comply on or before
June 30, 1988; City Attorney Hopkins stated that the School District would be
responsible, since they were the property owners and thus they would have to
comply.
Discussion then followed between the Council and the City Attorney as to why
the School District would be obligated to meet the conditions and pay the fees
involved, even if the use did not change, as explained by the City Attorney
would be their obligation.
At the conclusion of discussion, Miss Santalahti stated that the Conditional
Use Permit was for a specific activity other than a public school use and if
the activity were terminated prior to June 30, 1988, and they did not meet the
conditions and did not use the school for anything other than a public school,
or leave it vacant, then the CUP would terminate and the School District would
not be obligated to meet those conditions if they did not take advantage of
the CUP.
Councilman Overholt asked if the business school remained on the property
until June 30, 1988, and then did not renew or extend their lease, the School
District would be under no obligation under the language of the conditions;
Miss Santalahti stated that was correct. It was a typical zoning petition and
if a petitioner wanted the CUP, they would meet the conditions but if not,
they could walk out on the final day and that would close the issue.
Councilwoman Kaywood also asked if the new school use were to terminate prior
to June 30, 1988, would the School District be required to pay the fees; Miss
Santalahti answered, "no. They would, perhaps, come back with another
proposal and staff would review it again and put the same condition back in.
She also explained that there was one other minor change, that being the fact
that the petitioner, at the Council Meeting of March 22, 1983, submitted
Exhibit 1, Revision 1, which the Planning Commission had not seen. By that
revision, they deleted the block wall originally shown and, therefore, that
was a change in the resolution as well.
A vote was then taken on the foregoing resolution clarifying and including the
expiration date of the lease as June 30, 1988, and that Exhibit 1, Revision 1,
submitted by the petitioner at the Council Meeting of March 22, 1983,
eliminated the block wall as originally shown.
441
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL M~MBERS:
COUNCIL M~MBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-217 duly passed and adopted.
108: ACROPOLIS HEALTH SPA - EXTENSION OF ABATEMENT PERIOD: Luis Lee and
Theodora Helen De Carvalho, Acropolis Health Spa, 2629 West Lincoln Avenue,
requesting an extension of the abatement period pursuant to Code Subsection
4.29.030 relating to exceptions to the requirements of Chapter 4.29.
Submitted was a report dated May 27, 1983, from the City Attorney's office
recommending that the Council conduct a hearing as required by Section 2 of
Ordinance No. 4409 and grant or deny an extension of time to abate a
nonconforming use, based upon a determination as to whether such an extension
was reasonably necessary to prevent undue hardship. A report was also
submitted from the 'Police Department dated May 23, 1983, recommending that the
applicant be denied an extension from complying with AMC Ordinance No. 4409.
The Mayor asked to hear from the petitioner.
Mr. Luis De Carvalho, owner of the Acropolis Health Spa, explained that he was
applying for an extension of time because of hardship, since there was still
an amount outstanding on debts of approximately 345,000. They were also
responsible for one year on the lease of the premises and one year on the air
conditioning. He had the leases with him, which he submitted. They were the
original leases starting in August of 1979 until July 1984. The air
conditioning lease was also from i979 until October of 1984.
Councilman Bay stated the way he understood the request for abatement was that
Acropolis had been operating and meeting the present Ordinance, but the recent
Ordinance change (Ordinance No. 4409, adopted March 29, 1983) provided that
rather than a chiropractor signing prescriptions for massages, it would
require a medical doctor's signature. He asked if the request for abatement
to the Ordinance was a request for not meeting that change; Mr. De Carvalho
answered that was right, $o that they could use medical doctors and
chiropractors as well and not to exclude chiropractors.
Councilman Bay stated they were asking then for an exception to the amended
Ordinance, the abatement period for which was July 29, 1983, which was the
90-day period from the effective date of the Ordinance.
MOTION: Councilman Roth moved to deny the request for an extension of the
abatement period pursuant to Code Subsection 4.29.030 relating to exceptions
to the requirements of Chapter 4.29. Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Overholt stated that the Adult
Entertainment Ordinance when it was originally passed provided for an
abatement of a total period of two years and the Acropolis was one of the
businesses where that was provided. He asked the City Attorney if the Council
had the power to grant further abatements merely because they were eliminating
one qualified referral source.
442
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
~t~lClaim submitted by Dr. Steven J. Moore for personal property damages
eft rear tire of automobile purportedly sustained due to exiting of
Con~ention Center, northeast corner near Katella Avenue, on or about
Apr {~10, 1983.
4. Claim submitted by Pacific National Insurance Company, Bleckert's
Diesel ~pair, insured, for property damages purportedly sustained due to
failure 6f traffic signal at State College Boulevard and La Palma Avenue,
on or abo~April 18, 1983.
5. Claim s~mitted by Edward Glen Stubbs for personal property damages to
car purportedly sustained due to an accident caused by City-owned property
at Canyon Rim ~nd Via Arboles, on or about April 22, 1983.
B. Applxcatxons..~or Leave to Present Late Claims rejected:
6. Application fot~.Leave to Present a Late Claim submitted by Carl
Clippinger for inju~es purportedly sustained due to a slip-and-fall
accident in the men's%\restroom in the vicinity of Anaheim Lake, on or
about February 23, 198%.
7. Application for Leav~ to Present a Late Claim submitted by Frances
Walker for personal prope~gy damages at 1230 South Euclid, Apartment liB,
purportedly sustained due ~ negligence on the part of the City with
regard to the fire of April's21, 1982.
8. Application for Leave to Present a Late Claim submitted by Gladys
Walker for personal property damages at 1613 West Ball Road, purportedly
sustained due to negligence on the part of the City with regard to the
fire of April 21, 1982. ~
9. Application for Leave to Present a Late Claim submitted by Virginia
Cook for personal property damages at'-1230 South Euclid, Apartment 2OD,
purportedly sustained due to negligence on the part of the City with
regard to the fire of April 21, 1982.
10. Application for Leave to Present a Lk.~e Claim submitted by Catherine
Shanley for personal property damages purpO~rtedly sustained due to
negligence on the part of the City with regard to the fire of April 21,
1982. .
11. Application for Leave to Present a Late Claim submitted by Nancy Joan
Hammett and Lisa Dawn Smith for personal property damages at 1612 Juno
Avenue, Apartment 5, purportedly sustained due to,~.negligence on the part
of the City with regard to the fire of April 21, 1982.
12. Application for Leave to Present a Late Claim kubmitted by Harvey and
Lorene Demanouske for personal property damages at 1~40 West Ball Road,
Apartment 209, purportedly sustained due to negligenc'~ on the part of the
City with regard to the fire of April 21, 1982.
433
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
City Manager Talley stated that they would send letters to everyone who had
filed a Transient Occupancy Tax this month.
Councilman Overholt asked if The Phelan Group had been notified that the
matter would be presented for adoption today; City Clerk Roberts answered that
they were notified on May 25, 1983.
Mayor Roth asked if anyone wished to speak for or against the proposed
increase in the Transient Occupancy Tax from 6 percent to 8 percent.
Councilman Bay then gave an extensive presentation to explain his "No" vote on
the Ordinance, one of his main concerns being that they were voting to approve
a revenue source based on the need to balance a budget that had not yet been
seen by the Council. At the conclusion of his presentation, he again
reiterated he could not support the increase in the room tax. He was not in
opposition to it, because he felt it was justified to use monies from that
increase to bolster the capital improvements needed in the City. He felt that
the Council should think strongly about a 10-year plan on capital improvements
with specific amounts of money set aside for streets and storm drains on a
long-term basis. The basic principle and difference of thinking between what
he heard from the City administration and his thinking was that when there was
a shortage in the budget, it was time to cut back, not search for new
revenues. He would rather see them searching for new ways to cut the cost of
government.
After additional discussion between Council Members on the issue, a vote was
taken on the foregoing Ordinance.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Ordinance No. 4431 duly passed and adopted.
114/105/124: LIAISON MEETING - COMMUNITY CENTER AUTHORITY: Councilman Bay
reported on the subject liaison meeting held May 25, 1983, which he attended
with Councilwoman Kayw00d. The discussion turned to the problems of the
southwest foyer entrance with the construction of the Hilton in progress and
heavily used southwest parking structure. The desire was to enhance that
entrance, which was cosmetic to a degree, giving the City Manager a good
reason not to approve budget funds within the budget. The liaison committee
recommended that the Council approve an appropriation of $60,000 from the
Council Contingency Fund for the immediate enhancement of the southwest foyer
entrance to the Convention Center. A cost estimate breakdown had been
provided in the agenda packet and the Community Center Authority approved the
architect's concept in January.
444
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
MOTION: Councilman Bay thereupon moved to appropriate ~60,000 from the
Council Contingency Fund for the immediate enhancement of the southwest foyer
entrance to the Convention Center. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
Mr. Bill Currier, Vice Chairman of the Community Center Authority, on behalf
of the Authority, thanked the Council for the action just taken. He
reiterated that the full board had approved the design concept.
149/142: ORDINANCE NO. 4432: Councilman Bay offered Ordinance No. 4432 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4432: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14,
CHAPTER 14.32, SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NO
PARKING AT ANY TIME ON PORTIONS OF GILBERT STREET, LA PALMA AVENUE, MAGNOLIA
AVENUE, RIO VISTA STREET, SHEPARD STREET, SOUTH STREET AND STATE COLLEGE
BOULEVARD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4432 duly passed and adopted.
142/175.137: ORDINANCE NOS. 4433 AND 4434: Councilman Pickler offered
Ordinance Nos. 4433 and 4434 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4433: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE ISSUANCE OF TRANSMISSION PROJECT REVENUE BONDS BY SOUTHERN
CALIFORNIA PUBLIC POWER AUTHORITY.
ORDINANCE NO. 4434: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE ISSUANCE OF NOTES BY SOUTHERN CALIFORNIA PUBLIC POWER
AUTHORITY.
R611 Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4433 and 4434 duly passed and adopted.
ORDINANCE NOS. 4435 AND 4436: Councilman Roth offered Ordinance Nos. 4435 and
4436 for adoption. Refer to Ordinance Book.
445
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
142/175.123: ORDINANCE NO. 4435: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS OF AN
AGREEMENT FOR THE ACQUISITION OF CAPACITY AND A TRANSMISSION SERVICE CONTRACT;
AND APPROVING THE ENTERING INTO OF SAID AGREEMENT AND CONTRACT. (Southern
California Public Power Authority)
142/179: ORDINANCE NO. 4436: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (81-82-19,
RM-3000, 3529 West Savanna Street, Tract 11754)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4435 and 4436 duly passed and adopted.
142/179: ORDINANCE NO. 4437: Councilwoman Kaywood offered Ordinance No. 4437
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4437: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-16, ML, Parcel 1, west
of Douglass Road, north of Katella Avenue and Parcel 2, south of Winston Road,
and west of Sunkist Street)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance No. 4437 duly passed and adopted.
142/103/179: ORDINANCE NO. 4438: Councilwoman Kaywood offered Ordinance No.
4438 for first reading.
ORDINANCE NO. 4438: AN ORDINANCE OFTHE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (79-80-18, RS-A-43,000(O),
east of the northeast and southeast corners of Orchard Drive and Lakeview
Avenue, La Palma-Lakeview-No. 4 Annexation)
119: LOARA HIGH SCHOOL - WINNER OF THE 3-A CIF BASEBALL TITLE: Councilman
Pickier announced that Loara High School was the winner of the 3-A CIF
Baseball Title. His son, Scott Pickler, a member of the Loara Faculty, was
also the baseball coach.
Mayor Roth asked that the Public Information Office prepare a resolution and
invite the team to a meeting, so that the Council could present the resolution
to them.
446
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
119: MEMORIAL DAY MARCH TO ANAHEIM CEMETERY: Both the Mayor and Councilman
Bay reported on their attendance and participation in the Memorial Day March
to Anahei~ Cemetery, also attended by Councilman Pickler. Councilman Bay made
a special note of the fine speech prepared and delivered by City Attorney
William Hopkins.
Mayor Roth reported that the prime responsibility for the parade this year was
the VFW with the American Legion cooperating with them and next year, the
roles would be reversed as was done each year. He made a pledge that the City
Council would support the parade more vigorously in the area of publicity,
especially in asking for more press coverage of the event prior to its
occurrence.
RECESS - CLOSED SESSION: The City Attorney requested a Closed Session to
discuss litigation and potential litigation with no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (12:25 p.m.)
AFTER RECESS AND RECESS: Mayor Roth called the meeting to order, all Council
Members being present except Councilman Overholt, and on motion by Councilman
Roth, seconded by Councilman Pickler, the City Council recessed to the
Training Room located on the ground floor of the Civic Center. Councilman
Overholt was temporarily absent. MOTION CARRIED. (1:05 p.m.)
AFTER RECESS: The Mayor called the meeting to order in the Civic Center
Training Room for the 1983-84 Resource Allocation Plan Workshop, all Council
Members being present with the exception of Councilman Overholt. (1:15 p.m.)
PRESENT:
ABSENT:
PRE SENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt (entered at 1:45
p.m.), Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
CITY TREASURER: Ruth Redepenning
ASSISTANT CITY MANAGER: James D. Ruth
EXECUTIVE DIRECTOR OF ADMINISTRATIVE SERVICES: Les White
FINANCE DIRECTOR: George P. Ferr0ne
PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ronald Rothschild
REDEVELOPMENT EXECUTIVE DIRECTOR: Norman J. Priest
CITY LIBRARIAN: William J. Griffith
HUMAN RESOURCES DIRECTOR: Garry O. McRae
PLANNING DIRECTOR: Ronald L. Thompson
CHIEF OF POLICE: Jimmie Kennedy
STADIUM/CONVENTION CENTER/GOLF COURSES DIRECTOR: Thomas Liegler
PUBLIC UTILITIES GENERAL MANAGER: Gordon W. Hoyt
FIRE CHIEF: Bob Simpson
DATA PROCESSING DIRECTOR: Philip Grammatica
CITY ENGINEER: William Devitt
447
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES:
FACILITY MAINTENANCE SUPERINTENDENT: John Roche
BENEFITS AND TRAINING MANAGER: Tom Tyre
ADMINISTRATIVE ASSISTANT: Cindy King
CIVIL ENGINEER - DESIGN: Art Daw
Chris Jarvi
106: 1983/84 RESOURCE ALLOCATION PLAN: City Manager William Talley presented
his 1983/84 Resource Allocation Plan message (see pages A-2 through A-6 of the
City of Anaheim, California Resource Allocation Plan, 1983-84--on file in the
City Clerk's office). His presentation would be a briefing of the transmittal
message and also highlighting areas he wanted to bring to the Council's
attention. After completing this year's plan, he felt it was one of the most
difficult to balance in his many years of government experience, one of the
reasons being they did not adopt what he considered quick fixes in preparing
the plan for approval and they had played no games in balancing the budget.
He then briefed the budget message, the fourth page of which listed the
1983-84 budget total amounting to ~332,336,177. The proposed plan was
$30,528,515 more than the adopted 1982-83 Resource Allocation Plan of
~301,807,662, or an increase of 10.1 percent. However, without the unusual
but necessary increases in expenditures which he explained and as outlined on
Page A-4, the year-to-year increment in operating programs would be only 4.0
percent, or a very modest rise in the costs of providing a comprehensive
program of public services.
At the conclusion of his presentation, Mr. Talley turned the program over to
Mr. Ronald Rothschild to brief the Resource A/location Plan Summaries
following which he (Talley) would discuss policy issues.
Before Mr. Rothschild's presentation, questions were posed to Mr. Talley by
Council Members.
Councilman Overholt entered the Civic Center Training Room. (1:45 p.m.)
Program Development and Audit Manager Ronald Rothschild gave an overview and
briefing on the 1983-84 Resource Allocation Plan Summaries presented in a
series of slides of charts and graphs which were copies of those documents
submitted (see documentation entitled--City of Anaheim--Resource Allocation
Plan--1983-84, consisting of 24 pages--on file in the City Clerk's office).
After questions by the Council answered by both Mr. Rothschild and Mr. Talley,
Mr. Bill Devitt, City Engineer, addressed specific Capital Improvement
Programs as listed in the booklet submitted entitled--Public Works
Department--Capital Improvement Program--Fiscal Year 1983-84 and Planned
Future Projects (on file in the City Clerk's office along with sheet entitled
Resource Allocation Plan--Capital Improvement Program 1983-84 Proposed and
1984-85, 1985-86 Projected, previously briefed).
Mr. Chris Jarvi, Director of Parks, Recreation and Community Services, then
briefed the Capital Improvement Program in his department, supplemented by
slides (see booklet entitled--Parks, Recreation, Community Services--Capital
Improvement Program--Fiscal Year 1983-84 and Five-year C.I.P.).
448
City Hal!, Anaheim~ California - COUNCIL MINUTES - May 31~ 1983~ 10:00 A.M.
Mr. Gordon Hoyt, Public Utilities Director, then presented and briefed the
Public Utilities Department Capital Projects, both for the Electric and Water
Utilities. supplemented by slides. (See documentation submitted, first page
entitled-f-Anaheim Public Utilities--Department Expenditures--Summary by
Category--Chart A, which included Chart A through I--also submitted was a
narrativ~ briefing each chart presented. Additional documentation presented
was a su~ary of Water Utility capital improvements and Electric Utility
capital improvements--all documentation on file in the City Clerk's office.)
Mr. Talley then set forth the following six special items which were policy
issue~ to be addressed by the Council as part of their consideration of the
Resource ~llocation Plan: (1) Fire protection service in the commercial-
recreati~'~ area of the City. As discussed, one of the areas they were not
able to accommodate was the expansion of Fire Station No. 3. In addition,
they were aware that in the past year they had tried to do some work with the
Cities of Orange and Garden Grove regarding a combination arrangement whereby
they could meet the various needs of all communities in that area. From a
policy standpoint, that was the single most important area to be addressed
during the coming fiscal year, not necessarily during budget deliberations,
but during the year. The greatest opportunity for cost savings would be in
analyzing the total concept of fire protection service. (2) The possibility
of fire permit fees in some areas. They were currently rendering services and
not r~aovering fees or not recovering adequate fees. (3) West Anaheim Senior
Citizens Center service level--funding requirements and reductions from other
servi~e programs. During the next segment of their presentation, he would be
reque ting Department Head comments and one area that needed to be addressed
was i~ t~e Recreation area. They had a policy in the past whereby expansion
of services were only budgeted based upon either their ability to attract
revenues from non-General Fund sources, or only to the extent that the General
Fund increased, they could increase a like percentage in Recreation services.
The West Anaheim Senior Citizens Center was opened last year and if they tried
to use traditional standards on those service levels, they would have to make
significant reductions in other programs. (4) City-wide costs of legal
services. Additional information would be provided during the City Attorney's
presentation. (5) Extension of street lighting systems using the 1911 Act.
As was presented, in a ~9 million project budget, ~70,000 was coming from the
General Fund. Traditionally, the General Fund paid for street light
extensions. He wanted the Council to consider the 1911 Act procedures to
allow those General Funds to be diverted to what they considered more pressing
projects. (6) Transient Occupancy Tax receipt allocations. The budset wam
out of balance approximately $1.9 million. They recommended consideration of
an increase from § percent to 8 percent in the Transient Occupancy Tax. With
the July 1 effective date, they would be collecting revenues beginning August
30, 1983. In their analysis, between $600,000 and $700,000 in additional
funds wouid be available and they had prepared a list of alternative
allocations of additional funds (see--Alternative Allocations of Additional
Transient Occupancy Tax--S700,000, which also included a listing of
recommended alternatives--on file in the City Clerk's office) which he
briefed. The alternate total was ~2,259,601. In his mind, however, they
prioritized them as listed on that document at the bottom of which was listed
449
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
recommended alternatives as follows: Community Services Level of Service
Restoration, ~39,000; Recreation Program Level of Service Restoration,
513,600; Katella Area Improvements, 5212,400~ Santa Ana Street Reconstruction
- Anaheim to Harbor, 5220,000; Citron Street Reconstruction - La Palma to
North Street, 3215,000.
The foregoing would be his recommendations on priorities, but that left
another 31.5 million of what he considered urgent either infrastructure or
necessary public improvements that the Council could consider as something to
dialogue while moving through the budget reviews.
After the foregoing presentation, followed by Council questions, the following
department heads gave a brief overview of their budgets:
Chris Jarvi, Director of Parks, Recreation and Community Services; John Roche,
Facility Maintenance Superintendent; William J. Griffith, City Librarian; Bob
Simpson, Fire Chief; Garry McRae, Human Resources Director; Ruth Redepenning,
City Treasurer; Jimmie Kennedy, Chief of Police; Linda Roberts, City Clerk;
Thomas Liegler, Stadium/Convention Center/Golf Courses Director; Ronald
Thompson, Planning Director; Philip Grammatica, Data Processing Director;
Norman Priest, Executive Director Community Development; William P. Hopkins,
City Attorney; George Ferrone, Finance Director.
During his presentation, City Attorney Hopkins pointed out that the North
Orange County Court was expanding and adding new court rooms as well as a new
wing which would house the Anaheim City Attorney's Prosecution Section. Judge
Betty Elias, the Presiding Judge of the North Orange County Municipal Court,
had requested his office to staff the additional court facilities. He
considered the project of criminal activities to be a very vital service
offered to the citizens of Anaheim. He was informed that the Resource
Allocation Plan, as presented, did not provide for the additional staff
required in order to handle the new court requirements. He thereupon
requested that during budget deliberations, the Council consider giving the
City Attorney a budget increase that would enable them to staff the new court
facilities. Mark Logan, Assistant City Attorney, had prepared a brief slide
presentation on the economics of the Criminal Prosecution Section which he
requested be presented at this time.
Mr. Mark Logan, Assistant City Attorney in charge of the Criminal Prosecution
Section of the City Attorney's office, stated that the profits to the City in
criminal prosecution had been well established. The job was not completed
with the apprehension of a suspect, but when the suspect was prosecuted
properly. He noted they had an extremely small budget in comparison with the
overall criminal law enforcement budget. Mr. Logan then gave a slide
presentation, the charts and graphs for which were submitted in booklet form
entitled Anaheim City Attorney's Office Criminal Prosecution Section (on file
in the City Clerk's office). In finality, they were asking for two additional
prosecutors and a secretary.
City Attorney Hopkins explained for Councilman Bay that the cost for the
additional personnel was 584,416.
45O
City Hall, Anaheim, California - COUNCIL MINUTES - May 31, 1983, 10:00 A.M.
Comments and questions were then received from Council Members specifically
noting their areas of concern regarding the budget overview.
City Manager Talley then submitted the City of Anaheim Resource Allocation
Plan 1983-84, along with the 1983-84 Resource Allocation Plan Executive
Summary, to the City Council.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (4:35 p.m.)
LINDA D. ROBERTS, CITY CLERK
451