1983/12/13City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
COUNCIL MEMBERS: Pickler
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT: Norman J. Priest
SENIOR ASSISTANT CITY ATTORNEY: Frank Lowry
HOUSING MANAGER: Lisa Stipkovich
ACTING CITY ENGINEER: Art Daw
ASSISTANT TO THE CITY MANAGER: Cynthia King
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Dr. Wayne Faust, First Presbyterian Church, gave the Invocation.
FLAG SALUTE: Council Member Ben Bay led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was .issued by Mayor Roth and
authorized by the City Council:
Lungs for Life Week, December 19-23, 1983.
The proclamation was accepted by Craig Harrelson.
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council and presented to Jan Billings for her
outstanding service in her eight years as a member of the Community Services
Board and upon her retirement from that Board.
119: PRESENTATION BY THE LOS ANGELES OLYMPIC ORGANIZING COMMITTEE: Mr. Chuck
Cale, Administrator of all 23 Olympic sports, stated it was important for him
to be present today, since Anaheim had taken a preeminent place in the
National sports scene with the Angels and the Rams, and now with the coming of
the Olympic Games and wrestling competition to take place at the Convention
Center. Secondly, he was present to introduce one of the Commissioners and
Chief Executive Officer of Wrestling, Mr. Gary Thompson.
Mr. Gary Thompson stated he wanted to thank the Mayor, Council, Mr. Talley and
Mr. Liegler, as well as all the people of Anaheim for accepting the Olympic
Committee into the City. This was a once in a lifetime opportunity for
Anaheim to host an Olympic event and also to present to the world tha City of
Anaheim.. Mr. Thompson then briefed the Council with regard to the sport of
wrestling as it related to the Olympics, pointing out that it was the third
largest sport in Olympic events. He then introduced Pete Meringer, an Olympic
Gold Medal winner in the 1932 Olympics.
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City Hall.~ Anaheim., California - COUNCIL MINUTES - December 13.~. 19B3, 10:00 A.M.
Mr. Meringer thereupon presented the City with an Olympic Flag on behalf of
the Olympic Committee; Pete Noregard of the Security Department of the
Olympics Committee presented Police Chief Kennedy with Olympic pins for all
his staff; Dale Deffner and Susan Hartwell, Olympic Committee staff, presented
the Council with Series "3" Olympic pins; Julie Mulvaney presented American
and Olympic Flag Sets and Wendy Arnold, who was going to be working with the
Anaheim community, invited their participation in the Olympic Neighbor
Program, designed exclusively for those neighborhoods surrounding the events.
Her purpose was to help and assist the community to prepare for the Games.
The Mayor, on behalf of the Council and the City, expressed his appreciation
in the fact that Mr. Cale and Mr. Thompson and members of the Committee had
taken the time to be present today, as well as for the presentations made.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held November 15, 1983. Councilman Bay seconded the motion.
Councilman Pickler was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. Councilman Pickler was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,430,019.08, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman
Kaywood, seconded by Councilman Bay, 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-472 through 83R-478, both inclusive, for
adoption. Refer to Resolution Book. Councilwoman Kaywood offered Ordinance
No. 4464 for first reading.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims rejected and referred to Risk Management:
1. Claim submitted by Bruce Gentilin for personal injuries purportedly
sustained due to an auto accident caused by overgrowth of shrubbery on
islands dividing west-bound and east-bound La Palma Avenue traffic near
its intersection with Jenifer, on or about September 25, 1983.
2. Claim submitted by Diane Gentilin for personal injuries purportedly
sustained due to an auto accident caused by overgrowth of shrubbery on
islands dividing west-bound and east-bound La Palma Avenue traffic near
its intersection with Jenifer, on or about September 25, 1983.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 13~.!983, 10:00 A.M.
3. Claim submitted by Lisa Gentilin for personal injuries purportedly
sustained due to an auto accident caused by overgrowth of shrubbery on
islands dividing west-bound and east-bound La Palma Avenue traffic near
its intersection with Jenifer, on or about September 25, 1983.
4. Claim submitted by Virginia DiVita for personal injuries purportedly
sustained due to a trip-and-fall accident caused by a raised section of
sidewalk at 1313 Stella Avenue, on or about August 2, 1983.
5. Claim submitted by Erin Duffy-Braun for personal injuries purportedly
sustained due to lack of supervision at the David Bowie concert at Anaheim
Stadium, on or about September 9, 1983.
6. Claim submitted by Deborah Duffy for emotional distress purportedly
sustained due to lack of supervision at the David Bowie concert at Anaheim
Stadium, on or about September 9, 1983.
7. Claim submitted by James W. Laws for personal property damages to
automobile purportedly sustained due to unmarked curbs at the Anaheim
Stadium media parking lot, on or about July 26, 1983.
8. Claim submitted by Norman and Leora Kredit for personal property
damages to appliances and television purportedly sustained due to a faulty
ground wire at connection to utility pole at 2319 South Redwood Drive, on
or about August 18, 1983.
9. Claim submitted by Automobile Club of Southern California, John Liu,
Insured, for property damages to automobile purportedly sustained due to
malfunctioning traffic signal at the intersection of Beach Boulevard and
Orange Avenue, on or about August 6, 1983.
10. Claim submitted by Rene Martinez Dominguez for monetary loss
purportedly sustained due to street sweeping and sewer maintenance charges
included in utilities bill, on or about November 1, 1983.
11. Claim submitted by William T. King for personal property damages
purportedly sustained due to power failure caused by a loose wire at 4643
Meadowglen Drive, on or about October 4,. 1983.
12. Claim submitted by Andre Ting for property damages to rental
apartments purportedly sustained due to flooding caused by poor street
design at 319 North Tustin Avenue, Apartments A, B and C, on or about
October 1, 1983.
B. Claims rejected and referred to Governmental Programs Division, Markel
Services, Inc.:
13. Claim submitted by Virginia Hoover on behalf of John A. Savage for
personal property loss of shoes purportedly sustained due to actions of
Anaheim Police Department members at the Anaheim Jail, on or about
September 22, 1983.
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City Hal.l,. Anahei~,..California - COUNCIL MINUTES - December 13, 198.3~ 10:00 A.M.
14. Claim submitted by Johnny Paul Pedraza for personal property damages
to decorative plate of glass purportedly sustained due to actions of
Anaheim Police Officer at Knott and Orange Avenues, just west of Knott, on
or about October 23, 1983.
The following correspondence was ordered received and filed:
a. 107: Planning Department, Building Division Report--Monthly Report
for November 1983.
3. 161: Receiving and filing the Redevelopment Agency Annual Progress Report
for 1982-83.
4. 177.123/174: Authorizing an agreement with the Authority for the transfer
of $255,000 of CDBG monies to be used as a loan to Cai-Anaheim, Inc., to fund
29 units in the proposed 94-unit senior citizen housing project at 950 South
Gilbert Street.
5. 123.153: Accepting the bid of The Equitable Life Assurance Society of the
United States to provide administration services for the City's self-funded
medical plan; renewing the medical plan individual excess coverage with a
$75,000 deductible; renewing the group term life insurance; approving fee and
premium rates; all effective January 1, 1984; and authorizing the Human
Resources Director to prepare said agreement with The Equitable Life Assurance
Society of the United States.
6. 150/109: Accepting a Roberti-Z-berg Urban Open Space and Recreation Grant
(SB174) in the amount of $12,684 for the design and construction of a restroom
building at La Palma Park.
7. 159: Approving the substitution of Ail American Paving Company for
Universal Asphalt, the listed subcontractor for the Fleet Maintenance
Facility, as requested by J. A. Stewart Construction Company, general
contractor.
8. 160: Accepting the low bid of Great Pacific Equipment, Inc., in the
amount of $22,632.66, for overhaul of one digger/derrick and seven aerial
manlifts, in accordance with Bid No. 4055.
9. 160: Authorizing the Purchasing Agent to issue a purchase order to Mills
Ford in the amount of $213,795.44 for twenty-nine sedans, in accordance with
Bid No. 4054.
i0. 167: RESOLUTION NO. 83R-472: 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:
CITYWIDE TRAFFIC SIGNAL MAINTENANCE, IN THE CITY OF ANAHEIM, ACCOUNT NOS.
01-263-6325, 01-263-6340, 01-263-6750 AND 01-263-6752. (Bids to be opened
January 5, 1984, 2:00 p.m.)
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City Hall~ Anaheim, California - COUNCIL MINUTES - December 13, 1983~. 10:00 A.M.
11. 129: RESOLUTION NO. 83R-473: A RESOLUTION OF THE CItY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE FIRE STATION HEADQUARTERS - HVAC
RENOVATION, IN THE CITY OF ANAHEIM, ACCOUNT NO. 75-252-6201. (ACC Air
Conditioning and Heating Company, $67,113)
12. 140: RESOLUTION NO. 83R-474: 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: CENTRAL LIBRARY HVAC - REMOVAL OF EXISTING EQUIPMENT AND INSTALLATION OF
NEW, IN THE CITY OF ANAHEIM, ACCOUNT NO. 75-252-7121. (Air Conditioning
Systems, Inc., contractor)
13. 101: RESOLUTION NO. 83R-475: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: ANAHEIM STADIUM TRAFFIC CONTROL IMPROVEMENTS, IN THE CITY OF ANAHEIM,
ACCOUNT NOS. 24-795-6325-E5260 & 49-795-6325-E5260. (Grissom & Johnson, Inc.,
contractor)
14. 123: RESOLUTION NO. 83R-476: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING DISTRICT AGREEMENT NO. 3648-S1, 7-0RA-250 4.7/4.8
BETWEEN THE CITY OF ANAHEIM AND STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR CERTAIN STORM DRAIN IMPROVEMENTS TO STATE COLLEGE
BOULEVARD, IN THE CITY OF ANAHEIM. (in an amount not to exceed $88,500, with
a $73,750 deposit to be made to State prior to award of construction contract)
15. 131: RESOLUTION NO. 83R-477: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM CONSENTING TO THE ESTABLISHMENT AS A COUNTY HIGHWAY OF
PORTIONS OF CERTAIN HIGHWAYS LYING WITHIN THE CITY OF ANAHEIM. (portions of
Glassell Street Bridge, Katella Avenue Bridge, and Lincoln Avenue Bridge at
the Santa Ana River during County improvements)
16. 164: RESOLUTION NO. 83R-478: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING THE MASTER PLAN OF DRAINAGE FOR THE CITY OF ANAHEIM.
(adding Districts 42 and 43)
17. 142/164: ORDINANCE NO. 4464: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 17.08.410 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO SUBDIVISIONS. (Establishment of Drainage Areas)
18. 108: PUBLIC DANCE PERMIT: Approving an application for a Public Dance
Permit submitted by Jerry F. Pierson for the Association of Orange County
Deputy Sheriffs, to hold a dance at the Anaheim Convention Center on December
17, 1983, from 9:00 p.m. to 1:00 a.m., in accordance with the recommendation
of the Chief of Police.
1020
Ci.t~ ~all, Anaheim, California - COUNCIL MINUTES - December 13, 1.9.83,. 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt and Roth
None
Pickler
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-472 through 83R-478,
both inclusive, duly passed and adopted.
135.158: REALIGNMENT PLAN FOR THE ANAHEIM HILLS GOLF COURSE MASTER PLAN:
Approving the Realignment Plan for the Anaheim Hills Golf Course Master Plan;
the concept of development of surplus properties and leasing of surplus
parking lot properties; and authorizing the preparation of Request for
Proposals to hire a professional land appraisal firm to appraise surplus
property. Submitted was a report dated November 22, 1983, from the Director
of Maintenance, John Roche, recommending the adoption of the plan, subject to
the following three recommendations (report on file in the City Clerk's
office):
1. Golf Course Realignment Plan to in'clude as priorities - reconstruction of
Hole #3; Construction of new Driving Range and renovation of Green #5;
construction of new Green Hole #12 and construction of Hole #8; additional
realignment projects to be prioritized at a later date.
2. Approve the concept of development of surplus properties including
multi-family use in the area of Hole #3, single family lots on Hole #12 and
leasing of surplus parking lot properties for commercial use, subject to
public hearings, Environmental Impact Reports, proposals from developers and
negotiations with Santa Anita Realty.
3. Authorize the preparation of Request for Proposals to hire a professional
land appraisal firm to appraise surplus property. If appraisal confirms
fiscal soundness of sale, additional authorization will be requested later to
prepare RFP's for grading plans, development plans for Club House, parking
areas and for preparation of EIR.
City Manager William Talley briefed the report and in concluding stated that
the priorities and the accomplishment of the Plan were predicated upon two
points: (1) That the City could satisfactorily negotiate an agreement with
Santa Anita Realty and secure approximately the amounts predicted for the
surplus properties. If that was not a cost feasible concept, the rest would
become questionable. (2) That the construction improvements listed could be
accomplished for approximately what they were budgeted for. They had a golf
course that had been a substantial public liability during its entire history
and they did not want to have Council read into the recommendations that if it
could not be accomplished without providing to the City a plus, a positive
cash flow, they would not be recommending that the Council take any more
actions that would add to that liability.
Mayor Roth then recognized Mr. Bob Messe.
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City Hall, Anahpim, California - COUNCIL MINUTES - December 13~ 1~813,.~p.:00 A'M'
Mr. Bob Messe, Chairman, Golf Course Advisory Commission, stated that
approximately two years ago, they first divulged the Master Plan as a means of
improving the Course, both in play ability and maintenance and, therefore, for
profitability. Mr. Roche had taken the Master Plan and created a form of an
action plan. The Golf Course Commission at their last regular meeting
unanimously approved that and recommended that it be brought before the
Council. However, they did have one concern and that was Mr. Roche's
recommendation as to how the surplus funds were to be treated. Their goal was
to make the Course look like the Master Plan they presented two years ago, so
that the Course would play well, they could get more people on the Course, and
maintain it in a better fashion. Their major concern was that somehow they
wanted those surplus funds earmarked for the Golf Course and not just
disappear (see their recommendation to the City Manager/City Council dated
November 21, 1983). After they changed Holes 3 and 5 and accomplished the top
four priorities, they still should have a surplus of some $340,000 which,
during the course of the next three to ten years, they would like to use to
change the rest of the Course to fit the Master Plan. That was his only
concern today.
City. Manager Talley stated he believed there was nothing wrong with earmarking
the money mentally, but not officially, and that the Council should make its
determinations based purely on cost benefit of the improvement to be made. If
that expenditure made the Course a profitable one, he would say the Council
should consider that proposal, along with all of the other things that needed
to be done in the City. They had spent two-thirds of a million dollars on
maintenance and construction projects at the Course, just to stabilize the
channel. Whatever funds were available must go into the overall evaluation by
Council of what was needed in Anaheim.
Questions were then posed to Mr. Messe by the Mayor, at the conclusion of
which Councilman Bay stated that to him, the dollar figures were very
tentative, since they had not completed negotiations with Santa Anita Realty
as yet on a change to the six percent note. He questioned if those
negotiations ended up with a very large increase in the percentage on the
remaining note, would those numbers then change drastically.
City Manager Talley stated if they ended up with a large percentage, those
figures would change; Councilman Bay stated he brought it up because there was
a question whether they should be approving the Plan before those negotiations
were completed.
City Manager Talley stated his recommendation was that they approve the Plan,
because the Plan suggested that they set as priorities certain things. If the
funds were not there through the sale of the property, everything else would
become meaningless. They had one more negotiation to go to on the note. The
area of biggest weakness was in the amount they could receive from the surplus
properties and what it would cost to put them in shape to sell.
After further discussion, Mr. Messe stated if the Council did not earmark the
funds, he was going to have to come back year after year for more money to do
more things.
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City Hall, Anaheim, California - COUNCIL MINUTES - De~ember 13.,. 1983, 10:00 A.M.
Councilwoman Kaywood expressed her concern in earmarking funds when they were
on a tight budget.
MOTION: Councilman Roth moved to approve the Realignment Plan for the Anaheim
Hills Golf Course Master Plan; the concept of development of surplus
properties and leasing of surplus parking lot properties; and authorizing the
preparation of Request for Proposals to hire a professional land appraisal
firm to appraise surplus property, subject to the stipulation amplified by the
City Manager that it be contingent upon the successful sale of the properties
to generate revenues from that concept. Councilwoman Kaywood seconded the
motion. Councilman Pickler was absent. MOTION CARRIED.
142/171: URGENCY ORDINANCE NO. 4465 - PERTAINING TO SALES AND USE TAX: City
Attorney William Hopkins briefed the Council on letter dated November 18, 1983
(received December 12, 1983), from the Executive Secretary of the State Board
of Equalization, which outlined the necessity for amending City and County
ordinances to comply with the current Bradley-Burns Uniform Local Sales and
Use Tax Laws relative to water borne vessels. Two identical ordinances had
been prepared, the first an urgency ordinance, which must be adopted today,
and the second to be offered for first reading.
Frank Lowry, Senior Assistant City Attorney, then answered questions posed by
Councilwoman Kaywood for purposes of clarification relative to the proposed
ordinance.
City Attorney Hopkins thereupon read the Urgency Ordinance in its entirety.
Councilman Overholt offered Ordinance No. 4465 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 4465: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2,
CHAPTER 2.04, SECTIONS 2.04.040 AND 2.04.050 AND ADDING SECTION 2.04.051
PERTAINING TO SALES AND USE TAX, DECLARING THE URGENCY THEREOF, AND DECLARING
THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
The Mayor declared Ordinance No. 4465 duly passed and adopted.
Councilman Overholt offered Ordinance No. 4466 for first reading.
ORDINANCE NO. 4466: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2,
CHAPTER '2.04, SECTIONS 2.04.040 AND 2.04.050 AND ADDING SECTION 2.04.051
PERTAINING TO SALES AND USE TAX.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 13.~ 1983, 10:00. A.M.
105: APPOINTMENT OF THE MAGNOLIA SCHOOL DISTRICT REPRESENTATIVE TO THE PARK
AND RECREATION COMMISSION: Councilwoman Kaywood moved to appoint Louise H.
DiMarco to represent the Magnolia School District on the Park and Recreation
Commission for the term ending June 30, 1985, (Wallace), as recommended by the
Magnolia School District Board of Trustees in their letter dated November 29,
1983. Councilman Bay seconded the motion. Councilman Pickler was absent.
MOTION CARRIED.
179: CANCELLATION OF DEED RESTRICTION 61-62-41: Cancelling C-1 deed
restrictions imposed as a condition of approval under Reclassification No.
61-62-41, property located at the northwest corner of Katella and Tierra.
Mayor Roth noted the absence of any staff recommendation; City Clerk Linda
Roberts stated there was no formal staff report, but the matter had been
reviewed by the City Attorney's office and the Zoning Division.
Councilman Roth moved to cancel C-1 deed restrictions imposed as a condition
of approval under Reclassification No. 61-62-41, property located at the
northwest corner of Katella and Tierra. Councilman Overholt seconded the
motion.
Before any action was taken, Councilwoman Kaywood expressed her concern that
there should be notification made when cancelling deed restrictions and
suggested that the matter be continued in order to accomplish that.
The Mayor'asked if anyone was present to speak to the issue.
Mr. Tom Thompson, Coldwell-Banker, stated he was working for Mr. and Mrs.
Meyers, who wished to acquire the property and have their business at the
subject location. The deed restriction was 25 years old and the Meyers were
going to use the property in the same manner as it was now being used. It was
already a commercial use. It was in a house and there was adequate parking.
A vote was then taken on the foregoing motion. Councilman Pickler was
absent. MOTION CARRIED.
119: SERVITE HIGH SCHOOL - WINNER OF THE BIG FIVE CIF FOOTBALL CHAMPIONSHIP:
Councilman Bay congratulated Servite High School on having won for the second
year in a row the Big Five CIF Football Championship. He suggested that a
resolution be prepared and presented to the team; Mayor Roth asked that the
team be invited to a Council meeting for the presentation.
FREEDOM BOWL STATUS: Mayor Roth stated as a member of the Board of Directors
of the Freedom Bow~ Committee, after a long and interesting meeting last
Thursday, December 8, 1983, it appeared that things were going well and there
was a strong indication that Anaheim was going to be on the agenda for the
selection as the site of the 1984 Freedom Bowl. Mr. Joel Rothman and his
committee would be traveling to Dallas, Texas, next month where the NCAA
Convention was going to take place. He (Roth) had committed to going to
Kansas City April 16 through 18, 1984, if the Committee wanted him to do so,
and hopefully to bring back the hosting of the Freedom Bowl game in Anaheim in
December of 1984.
1024
City .Mall~ Anahei~ California - COUNCIL MINUTES - December 13~ 1983, 10:00 A.M.
REqUE.S.~ FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations with no action anticipated; the City Attorney
requested a Closed Session to discuss litigation and potential litigation with
action anticipated.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Bay seconded the motion. Councilman Pickler was absent. MOTION
CARRIED. (11:23 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Councilman Pickler. (2:00 p.m.)
123: SPECIAL LEGAL SERVICES: Councilman Roth moved to approve a first
amendment to an agreement between the City of Anaheim and Richards, Watson,
Dreyfuss and Gershon for special legal services (Lee Paterson) and authorizing
the Mayor and City Clerk to execute said agreement. Councilwoman Kaywood
seconded the motion. Councilman Pickler was absent. MOTION CARRIED.
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2514: Application submitted
by David and Robyn Ferszt, (Orangeview Convalescent Hospital), to expand an
existing convalescent hospital on CL zoned property located at 1720 West
Orange Avenue.
The City Planning Commission, pursuant to Resolution No. PC83-221, approved
the negative declaration upon finding that it has considered the negative
declaration together with any comments received during the public review
process, and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment~ and further, granted Conditional
Use Permit No. 2514, subject to certain conditions.
The decision of the Planning Commission was appealed by Dr. Clyde Vineyard,
Agent, and public hearing scheduled this date.
By letter of December 6, 1983, Dr. Vineyard withdrew his appeal; therefore, no
action was necessary by the Council.
174: PUBLIC HEARING - TENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM: To consider the Tenth Year (1984-85) Community Development Block
Crant Program Application in an estimated amount of ~2.2 million, to be
submitted to the State for A-95 Review (the State of California and Regional
Clearing House Agency Review Process). Submitted was a report from the
Community Development Department dated December 2, 1983, recommending that the
Council approve a 1984-85 Program and Budget, as recommended by the
Community-wide CDBG Citizen Participation Committee, together with
modifications, if any were warranted by supplemental public input, for a total
allocation of approximately $2.2 million. (Also see attachments to the report
as follows: (1) Overview of FY 1983-84 Budget, Funding Requests and
Recommended 1984-85 Budget; Summary of Committee Recommendations; (2) Minutes,
October 25, 1983 Public Hearing; (3) Draft Minutes, November 16, 1983 Public
Hearing; (4) Citizen Input; (5) Requests for Funding from Non-profit Agencies;
and (6) List of Agencies funded by Community Services Board.)
1025
City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1983, 10:00 A.M.
Mr. Norman Priest, Executive Director of Community Development, reviewed the
process followed to develop recommendations presented to the Council this
date. He also pointed out that they were recently advised by HUD that Anaheim
would receive an additional 25 percent, or a $548,000 increase in the City's
1984-85 Entitlement Grant, if the 1980 census data was used in the calculation
of the allocation formula. They were, therefore, bringing before the Council
today an allocation of 52,748,000.
-The Mayor then asked to hear from the Chairman of the Community-wide Citizen
Participation Committee.
Mr. Jerry Bushore, Chairman, briefed the Council on the two meetings of the
Committee on October 25, i983 and November 16, 1983 (see extensive minutes of
those meetings--on file in the City Clerk's office), culminating in the list
of recommendations as stated in sheet entitled, "Summary of CDBG Citizen
Participation Committee Recommendations for CDBG Funding, FY 84-85." The list
also included additional recommendations and backup activities by priority if
the City's entitlement was more than 52,200,000. The funding for these
activities totaled 5546,300 (see bottom of sheet of recommendations). He felt
that the members of the Committee looked at what was the most long-term good
for the greatest amount of people versus the dollars to be spent. He
understood that some of the groups that were not present at their meetings
would come before the Council with their requests today. He asked, if that
occurred, the Committee would like those groups put on the list for next year,
in order to know the feeling of the community, i.e., they should follow the
process.
The Mayor opened the public hearing and the following people then spoke,
either requesting CDBG funding for the purposes indicated or requesting
discontinuance of funding in certain programs:
Mrs. Frances Scherman, 1396 Damon, request: 590,000 for an elevator at the
Anaheim Senior Citizens Center. (Mr. Priest later clarified that a revised
cost estimate for the installation of the elevator was 575,000).
Mrs. Helen McConnell, Assistance League of Anaheim, request: 530,000 for the
AMPS Program.
Mrs. Midge Taggart, Chairman, Board of Trustees, and Mrs. Theresa Pawlowski,
Co-chairman, Anaheim Museum, Inc., request: ~145,000 for Phase I
Rehabilitation of the Carnegie Library.
Mrs. Dottle Cloak, 1527 Wesche'ster, request: That flooding conditions in the
1500 block of West Laster Avenue be corrected with necessary funding to come
from CDBG. She also submitted a letter dated December 9, 1983 from Nathan
Rubiloff, further explaining the problems in the area.
Karen Kitzman, 1305 Wren Street, representing the Patrick Henry Neighborhood
Council, request: She first referred to Page 15 of the November 16, 1983
Community-wide CDBG Citizen Participation Committee (see minutes that date).
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City Hal. l, Anaheim, California - COUNCIL MINUTES - December 13, 1983, 10:00 A.M.
The Crime Prevention Officer position was voted on by the Committee and the
vote was to discontinue the program'by eight "Ayes," five "Noes." After
reading the minutes pertaining to that issue, Mrs. Kitzman stated that the
Police Department was asking ~58,000 for the program with a $5,000 carryover
from last year. The program at present covered the four target areas, but as
proposed, the ~58,000 would cover half the area. The two Neighborhood
Councils south of Patrick Henry were requesting discontinuance of the program,
because there were five Crime Prevention Officers in the total Anaheim area
now, and four were funded by the City. They felt the position was not
necessary to be funded by Block Grant Funds.
Kathy Ellis, Secretary-Treasurer, South Anaheim Neighborhood Council,
request: The Council voted to discontinue the Crime Prevention Officer on the
basis that the program had outgrown its usefulness. It had now been adopted
City-wide and the City paid for the four other Crime Prevention Officers.
They should not have to pay for a service that was otherwise provided for the
rest of the City. That was why the two Neighborhood Councils felt they did
not wish to fund the Crime Prevention Officer. It would be the City Council's
decision whether to fund for the two target areas alone, but if the program
were continued, that there be a regulated way of reporting that officer's time
and activities.
Philip Aguilar, Set-Free Christian Fellowship, request: Any funds that might
be available for the program offered at Set-Free Christian Fellowship (see
letter received December 13, 1983, from Pastor Aguilar). Approximately $5,000
would be needed for their operation to become self-supporting.
Mr. Art Daw, Acting City Engineer, relative to Mrs. Cloak's request, stated he
was not aware of the problem until a recent hearing on the negative
declaration for the electrical substation that there were flooding problems.
The drain she was referring to was one submitted as a potential project in the
Block Grant area, but due to available funding in other projects considered to
have a higher priority, it was not included in the proposed project list.
The Mayor requested a report by next Tuesday on that issue.
City Manager William Talley then spoke relative to the Crime Prevention
Officer. If they asked the Police Department or his office if they had to
lean one way or another on the program, they would lean toward cancelling it,
because it had been politicized by some neighborhood groups. This year, when
discussions took place, the vote was to cancel the program; however, some of
the neighborhoods wanted the program and were willing to sacrifice or
substitute some other project for the program. If the Council approved what
was on the list right now, $58,000, they would send those hours strictly to
those neighborhoods and not service the other neighborhoods. It was the cost
of an officer for a year and if only those neighborhoods were willing to pay
their share, it would be his opinion that would be the only place they would
service them with that officer. They did not want a program in a Neighborhood
Council where that Council said they did not want the program.
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City Hall, Ana~eim~ California - COUNCIL MINUTES - December 13, 1.983, lp:O0 A.M.
Later in the meeting, after further discussion on the issue, the Mayor
questioned Mr. Talley relative to the reporting process regarding the Crime
Prevention Officer; City Manager Talley stated that was the primary reason why
he recommended if they were not happy with the program that that officer be
taken out of the budget and the program stopped. The actual problem was even
greater. Some of the groups went so far as to say they believed they should
be able to name the officer the Chief will assign.
MOTION: Councilman Bay moved to continue the public hearing to Tuesday,
December 20, 1983, at 1:30 p.m. for two reasons: (1) In order to give them an
opportunity to absorb the requests that were presented today, but primarily
(2) That when they voted on something as important as the matter before them,
that it be done by a full Council. Councilman Overholt seconded the motion.
Before a vote was taken, Councilman Overholt then questioned the
recommendation for "zero" funding on Catholic Social Services by the
Committee. His recollection was that this was an outreach program and the
City originally allocated a more substantial sum, along with other cities, to
acquire a bus to be used to go out into certain areas, and that they had made
an ongoing commitment for operational funds.
Mr. Edward Vito, Director, Catholic Social Services, stated they had requested
$10,000 to continue the Hispanic Outreach Program in two areas in Anaheim.
Originally when the program was started three years ago, they asked for ~5,000
for the first year and $1,000 as maintenance of the vehicle thereafter. They
had not received any funds in the past year, but had continued servicing
Anaheim for the entire calendar year of 1983 at two locations, Little People's
Park and Manzanita Park. They could not continue the service without the
City's continuing support.
Lisa Stipkovich, Housing Manager, stated they requested $10,000 and they were
saying they were getting $5,000 this year and were recommending the same level
for next year. She added that at the meeting it was suggested that Catholic
Social Services go to the Community Services Board at the time they held
hearings on Revenue Sharing funding or whatever funding might be available to
the City for such programs.
The Mayor asked if their services were restricted to serving only Hispanics;
Mr. Vito answered "no" but that anybody could go to the vehicle and they were
referred back to their offices in Santa Ana for many of the services that were
reported on today. The program was not exclusive to the Hispanic population.
Mrs. Margaret Sullivan, 1122 West Diamond, Community Services Board member,
stated she had always been against Catholic Social Services, even though she
was Catholic, because they discriminated. They parked their vehicle in two
areas where people like herself, or other elderly people who needed help,
would not think of going. She thereupon read a portion of a letter dated May
1981 from the City's Park, Recreation and Community Services Department,
"...exclusively with Hispanic families via mobile unit to be located at five
different sites throughout Orange County." She did not feel they should be
given any money unless they made all Catholics from Saint Boniface welcome and
placed the unit where they could get to it.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 13, 1983, 10:00 A.M.
Councilman 0verholt wanted to know what was happening with Legal Aid.
Mr. Robert Cohen stated they were present last year to ask for funding to
sustain the A~aheim office. They needed the money to provide their presence
in Anaheim separate from their presence in Santa Ana, and hopefully this year
they would be able to be more self-sufficient. Last year they promised at
least a full-time office staffed by a paralegal and instead, the City received
a full-time attorney with a paralegal and a legal secretary, and in addition
had been able to provide four volunteer attorneys. That represented a
substantial presence for ~28,000. This year they hoped to be able to fund the
service entirely from the Legal Services Corporation and the State Bar. The
whole program was now in litigation in San Diego, but they anticipated that
nothing done in the courts would prohibit their using their money. They would
use some of those funds to sustain an Anaheim presence when it became
available.
Councilwoman Kaywood noted that their request was for ~28,000 and the
recommendation was ~15,000. She wanted to know what level of service they
would be providing for that; Mr. Cohen answered that they hoped to maintain
the same level.
The Mayor asked if there was anything further to be presented.
City Manager Talley stated since he would not be present next week, on behalf
of the administration, there were two areas he wanted to direct Council's
attention: (1) the Anaheim Museum, and (2) the request relative to the storm
drain (Laster Street). Relative to the latter, staff would be preparing a
report, but he wanted the Council to know that in so doing, they could not
prioritize where that storm drain belonged, because what they were looking at
today was the result of many hearings and a priority list that had City staff
input, but not developed by the City. They could not prioritize, but only
give their reaction as to how serious the problem was.
Relative to the museum, Anaheim Museum, Inc., received $7,400 for a report in
1980. They then requested $20,000 and then $50,000 and they were now
requesting ~145,000. There were three questions he felt were appropriate to
ask when they considered the museum request next week, those being (1) was
this going to be the conclusion of their requests. If they were not going to
take on the entire responsibility in the future, the City should plan for
that, because if they were going to give them ~145,000, they were going to
have to cut a program out of the CDBG. (2) Were they going to come in to
finish the job. The ~145,000 would just bring the building up to Code, and
yet to have a fully functional museum, a substantial amount of money in
addition was going to have to be spent. Were they going to finish the job or
was it going to be expected to be the City's problem. (3) Who would maintain
the museum once it was opened in 1984-85. The continuing cost was going to be
the staff of the facility, the curators, administrators, maintenance people.
He had experience with museums and they were much like fire stations in that
while it cost a lot to build them, it cost even more on a continuing basis to
maintain them. If that was something that the staff was planning to do, they
1029
.City Hall~ Anaheim~ California - COUNCIL MINUTES - December 13, 1983, 19:00 A.M.
would appreciate direction from Council at an early date. They were now being
asked to commit a total in excess of $200,000 of public funds for the project,
and that was the point. The questions deserved answers.
Additional discussion then followed upon a question posed by Councilman
Overholt relative to the annual cost of maintaining such a facility; Assistant
to the City Manager Cindy King stated that estimates by the Maintenance
Department for utilities, landscaping and basic upkeep were approximately
$25,000 to $30,000 per year, comparable to the Cultural Arts Center currently
funded within the budget. The additional figures were estimates from both
Parks add Recreation and the Library as far as staffing, which was in the
neighborhood of $75,000.
Mr. Talley stated if that was accurate, they were looking at in excess of
$100,000 a year and before spending substantial public funds to renovate,
bring up to Code and possibly modernize the facility, the question was, who
was going to pay for doing so on an ongoing basis.
Mayor Roth stated that his (Talley) questions were well taken and would be
asked next week. A vote on the motion to continue the public hearing on the
Tenth Year (1984-85) CDBG Program Application to December 20, 1983, 1:30 p.m.,
was taken. Councilman Pickler was absent. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilman Bay seconded the motion. Councilman Pickler was absent.
MOTION CARRIED. (4:00 p.m.)
AFTER RECESS: Councilman Bay called the meeting to order, all Council Members
being present, with the exception of Council Members Pickler and Roth. (5:26
p.m.)
ADJOURNMENT:
the motion.
(5:27 p.m.)
Councilman Bay moved to adjourn. Councilwoman Kaywood seconded
Council Members Pickler and Roth were absent. MOTION CARRIED.
LINDA D. ROBERTS, CITY CLERK
1030