1983/12/20City Hall~ Anaheim, California - COUNCIL MINUTES - December 20, 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, Pickler and Roth
COUNCIL MEMBERS: None
ASSISTANT CITY MANAGER: James D. Ruth
CITY ATTORNEY: William P. Hopkins
CITY CLERK: Linda D. Roberts
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
ASSISTANT DIRECTOR RECREATION AND COMMUNITY SERVICES: Jack Kudron
ACTING CITY ENGINEER: Art Daw
EXECUTIVE DIRECTOR COMMUNITY RESOURCES: Norman J. Priest
HOUSING MANAGER: Lisa Stipkovich
TRAFFIC ENGINEER: Paul Singer
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Mary Hibbard,-Anaheim United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood 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:
March of Dimes Month, January 1984.
119: RESOLUTION OF ENDORSEMENT: A Resolution of Endorsement was unanimously
adopted by the City Council to be mailed to the Greater Los Angeles Chapter of
the National Safety Council endorsing a program of Drunk Driver Awareness and
urging the public to drive safely and defensively during the holiday season.
i19: PRESENTATION: Mr. Don Karcher, member of the Board of Trustees of the
Orange County Chapter of the American Red Cross, read and presented a
resolution to the Mayor, thanking the City for their efforts in disaster
services of the past year. The resolution was signed by the Chairman of the
Board, Orange County Chapter of the American Red Cross.
Mayor Roth accepted the resolution on behalf of the Council and the City and
thanked Mr. Karcher and the Red Cross for the framed resolution, which he
stated would be hung in City Hall in a prominent spot.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Coach Ron Smeltzer
and four representative players of the Servite High School Football Team,
congratulating the Coaches and the team on winning their second consecutive
CIF Big 5 Football Championship.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by ail 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. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,086,682.35, in
accordance with the 1983-84 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
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; Councilman Pickler offered
Resolution Nos. 83R-479 through 83R-482, both inclusive, for adoption. Refer
to Resolution Book.
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 Guadalupe Romo for personal injuries purportedly
sustained due to his car colliding with a heavy equipment vehicle placed
in the street on Romneya Avenue, west of Harbor Boulevard, on or about
September 17, 1983.
2. Claim submitted by Pauline Cox for personal property damages to light
bulbs and timer purportedly sustained due to a power surge at 2051 Orange
Avenue, on or about November 6, 1983.
3. Claim submitted by United States Pipe and Foundry Company for monetary
loss purportedly sustained due to City withholding payments due for
material furnished for Phase I, Santa Ana Canyon Road, 36" Transmission
Main project, on or about April 16, 1983.
4. Claim submitted by Southern California EdisOn Company for indemnity,
based on Municipal Court Case No. 51832, filed by The Atchison-Topeka and
Santa Fe Railway Company against Southern California Edison Company, dated
November 16, 1983.
B. Claim rejected and referred to Governmental Programs Division/Markel
Services, Inc.:
5. Claim submitted by Robert Dillard for personal injuries purportedly
sustained due to actions of Anaheim Police Officers at 111 South Euclid
Avenue and the Orange County Jail, on or about August 25, 1983.
2. The following correspondence was ordered received and filed:
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983~ 10:00 A.M.
a. 175: Before the Public Utilities Commission, Application No.
83-12-01, Southern California Edison Company for Authority to: Increase
its Conservation/Load Management Adjustment Billing Factor; to Make
Certain Changes to its Base Rates and Certain Other Rate Levels to Conform
to the Rate Design Criteria Set Forth in Decision No. 82-12-055 of the
California Public Utilities Code; to Make Certain Changes to its
Conservation/Load Management Adjustment Clause Tariff; and to Review the
Reasonableness of Edison's Expenditures Reflected in the Conservation/Load
Management Adjustment Clause in 1983.
b. 105: Public Utilities Board--Minutes of December 1, 1983.
(Unapproved)
c. 105: Community Services Board--Minutes of November 10, 1983.
d. 105: Senior Citizens Commission--Minutes of November 10, 1983.
e. 105: Community Redevelopment Commission--Minutes of November 23, 1983.
3. 108: Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. Pool Room Application, Clayton Alec Peters, Games Plus, 3242 West
Lincoln Avenue, to permit 13 billiard tables.
b. Dinner Dancing Place Permit, Sid Wang, MacArthur's
Restaurant(JonArthur's), 444 North Lakeview Avenue, for dinner dancing
Wednesday through Saturday, 9:30 p.m to 2:00 a.m.
c. Public Dance Permit, Manuel S. Gomez, Anaheim Dance Promotions, to
hold a dance at the Anaheim Convention Center on December 31, 1983, 6:00
p.m. to 1:00 a.m.
d. Public Dance Permit, Thai Q. Nguyen, Vietnamese community, to hold a
dance at the Anaheim Convention Center on December 25, 1983, 8:30 p.m. to
1:OO a.m.
e. Public Dance Permit, Evangelina Islas, Pyramid Productions, to hold a
dance at the Anaheim Convention Center on January 6, 1984, 8:00 p.m. to
1:00 a.m.
f. Elaine Ann Arana, E1 Torito, 2020 East Ball Road, to hold a dance
December 31, 1983, 9:00 p.m. to 2:00 a.m.
4. 123/174(CDBG 83-84): Authorizing an agreement with Tierra Planning &
Design, Inc., in the amount of $28,560 for planning design services for the
redevelopment of Manzanita Park and the preparation of a neighborhood plan for
the "Chevy Chase" apartment area.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
5. 123: Authorizing an agreement with the Los Angeles Rams in the amount of
~250 per month for the Rams to provide the services of their Executive Suite
Manager to coordinate box suite operations for all events held in Anaheim
Stadium.
6. 123: Authorizing an agreement with the Los Angeles Rams in the amount of
$3,200 per year beginning August 1, 1983, for City to provide janitorial
services at Rams Stadium Box Office and the Executive Suite Manager's Office
to be adjusted July 1 of each succeeding year.
7. 123: Authorizing the first amendment to a permit agreement dated
October 27, 1981 with Kayco, Incorporated, decreasing the number of Stadium
parking spaces used during non-event times to 50 spaces and rent to ~150 per
month; effective May 1, 1984, rent to be ~200 per month.
8. 123: Authorizing an amendment to an agreement with the City of Garden
Grove to provide parking enforcement services by the City of Anaheim for an
additional area adjacent to the Convention Center.
9. 153: Approving an agreement form to be used in contracting with certain
organizations for temporary personnel services for the.period ending December
31, 1984, and authorizing the Human Resources Director to execute said
agreements.
10. 123/174(JTPA): Authorizing an agreement with the Orange County Job
Training Partnership Agency in an amount not to exceed ~499,890, to provide
funds for program operations under the JTPA for the term October 1, 1983
through June 30, 1984, and authorizing the City Manager to execute same.
11. 123.153: Authorizing 1984 renewal agreements with Kaiser Foundation
Health Plan, Family Health Program, General Medical Centers, INA Healthplan,
Dental Health Services, California Dental Service, Safeguard Health Plans,
Supplemental Dental Plan, California Psychological Health Plan and Vision
Service Plan, and authorizing the Human Resources Director to execute same.
12. 123/106: Authorizing the Finance Director to sign a letter agreement
with John Seilo in an amount not to exceed ~3,3OO, for consultant services to
develop detailed bank reconciliation procedures, and transferring said amount
from the Council Contingency Fund.
13. 123: Exercising the option to extend the January 1, 1959 agreement with
the Magnolia School District for lease of five acres adjacent to the Dr. Peter
Marshall School for public park purposes for a term of twenty-five years,
commencing January 1, 1984.
164: RESOLUTION NO. 83R-479: 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: SOUTH STREET
WATER IMPROVEMENTS PHASE II B, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-606-
6329-17350-34360. (Bids to be opened January 26, 1984, 2:00 p.m.)
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
126: RESOLUTION NO. 83R-480: 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: MODIFICATION
AND REHABILITATION OF WONDER BOWL AND DISNEYLAND METER VAULTS, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 51-606-6329-17340-34570 AND 51-606-6329-17300-34580.
(Bids to be opened January 26, 1984, 2:00 p.m.)
164: RESOLUTION NO. 83R-481: 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: LENAIN
FILTRATION PLANT SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-619-6329-
90210-33100. (A. A. Pipeline, Inc., contractor)
144: RESOLUTION NO. 83R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY
FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1984-1985). (~60,000
for Lincoln Avenue--Sunkist Street to State College Boulevard; $100,000 for
Anaheim Boulevard--Lemon Street to Cypress Street; $300,000 for Kraemer
Boulevard--Crowther Avenue to South City Limits; and ~340,000 for Harbor
Boulevard--Broadway to I-5)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-479 through 482, both
inclusive, duly passed and adopted.
182/174(CDBG 83-84): REQUEST FOR A PROPOSAL FOR A CENTRAL CITY NEIGHBORHOOD
DESIGN STUDY AND GUIDELINES: Councilwoman Kaywood stated she was surprised to
see the extensive newspaper publicity on a Posada that was held in the
neighborhood, and Families United in Action held a meeting Sunday at the
Patrick Henry School. Their notices were all in Spanish, since apparently
they did not want anyone else present. She was concerned with the disruption
of the ~roup stirring trouble with items that did not look like what was to be
included in the study. She asked if there could be a staff report on the
items alleged, throwing out all the apartment residents, tenants, and giving
them 60 days notice and redeveloping the whole area. That was not what she
saw and she was very concerned with the misrepresentation.
Councilman Overholt stated that the item covering the situation was not the
subject item, but that it had to do with the selection.of a consultant for the
Manzanita Area Planning and Design Study Plan and approval of an agreement
previously voted on. (The item was approved as part of the City Manager's
Consent Calendar.)
1035
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Norman Priest, Executive Director of Community Development, stated that the
study referred to by Councilman Overholt (agreement with Tierra Planning and
Design in the amount of $28,560 for professional services for the Manzanita
Area Planning and Design Study) was the one about which concern was
expressed. He stated in that regard, they would continue to work with the
neighborhood and they recognized there were certain elements that they
believed were incorrect. They had worked with that neighborhood
straightforwardly and bilingually and would continue to do so; however, it was
not unusual at the outset that such matters were subject to a great deal of
confusion and apprehension. In addition, a number of the organizations were
working in the apartment improvement project, which was a separate and
distinct operation.
Councilman Bay moved to authorize staff to issue a Request for Proposals for a
residential design study in the Central City Neighborhood Council area.
Councilman Overholt seconded the motion. MOTION CARRIED.
152.117/123: MONEYMAX USER AUDIT: Councilman Bay moved to waive Council
Policy No. 401 and to authorize the City Treasurer to sign a letter agreement
with Wismer Associates, Inc., in an amount not to exceed ~5,000 to provide a
review of the MONEYMAX computerized investment management system, with a
report due by January 31, 1984, as recommended in memorandum dated December 2,
1983, from the City Treasurer, Ruth Redepenning. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
105: APPOINTMENT TO THE PARK AND RECREATION COMMISSION: Councilwoman Kaywood
moved to approve the recommendation of the Anaheim Union High School District
in its letter of December 13, 1983, to appoint JoAnn Barnett to represent the
District on the Park and Recreation Commission for the term ending June 30,
1984, replacing Kurt Haunfelner. Councilman Overholt seconded the motion.
MOTION CARRIED.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held November 28, 1983, pertaining to the
following applications were submitted for City Council information.
1. CONDITIONAL USE PERMIT NO. 2509: Submitted by Bank of America N.T.S. &
A., to permit an automobile dealership on CL zoned property located at 1126
South Anaheim Boulevard, with a Code waiver of minimum landscaped setback.
The City Planning Commission, pursuant to Resolution No. PC83-224, granted
Conditional Use Permit No. 2509, and granted a negative declaration status.
2. VARIANCE NO. 3363: Submitted by Esther H. Leos, to retain an illegal
garage conversion on RM-1200 zoned property located at 424 East Sycamore
Street, with the following Code waivers: (a) minimum site area per dwelling
unit, (b) minimum floor area per dwelling unit, and (c) minimum number and
type of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-225, denied
Variance No. 3363, and disapproved a negative declaration status.
1036
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
3. VARIANCE NO. 3364: Submitted by Phillip Alan and Karen Rae Turtle, to
construct a room addition on RS-7200 zoned property located at 2633 East
Strong Place, with the Code waiver of minimum rear yard setback.
The City Planning Commission, pursuant to Resolution No. PC83-226, granted
Variance No. 3364, and ratified the Planning Director's categorical exemption
determination.
6. VARIANCE NO. 3365: Submitted by Martin Bucksbaum as Trustee of General
Growth Properties, to establish a business school on CL zoned property located
at 1401 South Anaheim Boulevard, with the following Code waivers: (a) minimum
number and type of parking spaces, and (b) required site screening.
The City Planning Commission, pursuant to Resolution No. PC83-227, granted
Variance No. 3365, and granted a negative declaration status.
No action was taken by the City Council on the foregoing items; therefore, the
actions of the Planning Commission became final.
179: PROPOSED ORDINANCE NO. 4467 - PLANNING COMMISSION ACTIONS: Amending
Section 18.03.070 of the Code relating to tie votes on Planning Commission
matters.
Councilman Bay offered Ordinance No. 4467 for first reading.
ORDINANCE NO. 4467: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.03.070 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
Councilwoman Kaywood asked if there was a possibility that the ordinance was
going to be used as "passing the buck" in the event of controversial items;
Annika Santalahti, Assistant Director for Zoning, stated it would give the
Planning Commission the opportunity in the instances of tie votes to allow the
action to go to Council without continuing it for another two weeks in order
to try to break the tie.
Councilwoman Kaywood stated the Council needed to have the input of the
Planning Commission and she saw in the recommendation that it could be passed
to th~ Council without any recommendation: Councilman Pickler agreed that
unless they received an opinion from the Planning Commission, he would not
like to see a tie vote coming to the Council.
Councilwoman Kaywood stated she did not have a problem where there was a real
tie vote, but would still want the recommendation of the Planning Commission
with the minority and majority side of the question, so that the Council would
have the advantage of the full hearing and discussion that took place. If
they would rather not be bothered or face the music, that was her concern.
She would prefer that the proposed ordinance be reworded, so that in the event
of a tie vote it could be forwarded to the Council, but to leave out the other
paragraph.
1037
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Councilman Bay asked if she was offering an amendment to the first offering of
the ordinance; Councilwoman Kaywood answered "yes," but she did not have the
exact wording.
Councilman Bay then stated that the Planning Commission could pass the buck to
the Council any time it wanted to by a majority or close to majority vote.
They could recommend that a matter be set for public hearing before the
Council. As far as anything being recommended to the Council to set it for
public hearing because of a split vote, knowing both sides of the situation
would be a simple staff report to accompany it without amending the proposed
ordinance.
Councilwoman Kaywood reiterated that she felt it would give permission to pass
the buck and that a number of items would just be coming to the Council,
bypassing the Planning Commission, and that was what she wanted to avoid.
Mayor Roth felt that they ought to try it and if what Councilwoman Kaywood
said were true, they could always vote to cancel the ordinance. He felt it
was a good ordinance that was needed so they would not hold someone up because
a Commissioner was on an extended vacation.
City Attorney William Hopkins felt there was a need to have the procedure
formalized in an ordinance authorizing the Planning Commission to forward such
items to the Council by motion. This would enable them to forward items
immediately to the Council.
Councilwoman Kaywood explained that Section .020 was of concern to her wherein
it stated that in the event the Planning Commission was unable to act on any
matter due to a tie vote, that it could by motion refer the matter to the City
Council without further action or recommendation. She was in favor where
there was a tie vote, because somebody was going to be absent, since she did
not believe in holding up a developer or applicant. She was looking for a way
they could do that alone in an ordinance just on a tie vote. Otherwise, she
saw the possibility of abuse.
Councilman Overholt stated he felt the ordinance was necessary to provide a
procedure for the Planning Commission, but felt that the Council could make it
known that it would not welcome that kind of a procedure as a result of a
developer being in a big hurry to get to the Council.
111: ANA/{EIM HALLOWEEN FESTIVAL ASSOCIATION: Paul Pink, President,
presentation of the Halloween~Festival Blue Ribbon Committee Report dated
December 13, 1983.
Mr. Herb Leo, 2906 Bellamy, explained that on April 5, 1983, the present
Chairman of the Halloween Festival Committee, Paul Pink, appeared before the
Council to make a request for the 1983 Festival (see Council minutes that
date). At that time, they were requested to form a Blue Ribbon Committee to
study the total problems of the Halloween Festival and to come up with some
recommendations for future years. The Committee had met several times, and as
1038
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
a result, presented the Halloween Festival Blue Ribbon Committee Report dated
December 13, 1983, submitted under letter of the same date, written by Paul
Pink (on file in the City Clerk's office). A financial report on the 1983
Festival, Attachment D, was also included with the report.
Mr. Paul Pink, President, 1302 South Magnolia, stated their goal and purpose
in submitting the report was to make recommendations and put forth guidelines,
philosophies and goals, those things that would insure the long-term
continuation of the Festival. He thereupon reviewed the three basic
recommendations (Page 4-7, recommendations of the subject report):
1. That the Anaheim City Council support the approach forwarded in this
report by the Blue Ribbon Committee regarding Philosophy and Goals, Financial
Base, Organization Structure and Leadership Succession.
2. That Anaheim Halloween Festival, Inc., be allowed to keep the 311,950 not
used in the 1983 Halloween Festival to provide the basis of financial reserve
on the condition that the City is never asked to subsidize the Halloween
Festival again.
3. That the City of Anaheim continue to maintain the same level of indirect
assistance as was provided in the 1983 Festival to include services provided
by the Parks, Recreation and Community Services, Maintenance, Police, Fire and
Utilities Departments.
Following his presentation, questions were then posed to Mr. Pink by
Councilwoman Kaywood during which she also questioned the amount of the City's
participation relative to providing City services relating to the Parade.
Mr. Jack Kudron, Assistant Director Recreation and Community Services,
reported that the original budget was approximately ~38,000 before the
decisions were made to scale down the Festival. The staff estimate after
scaling down the program was approximately $10,000 less. In terms of actual
figures, they were still in the process of compiling those and did not expect
to have a final accounting until the second week of January.
Councilman Roth moved to adopt and approve the recommendations of the
Halloween Festival Committee, which included that the Committee be allowed to
keep the $11,950 not used in the 1983 Festival as a financial reserve as
requested in Recommendation No. 2. Councilman Bay seconded the motion.
Before a vote was taken, Councilman Overholt stated he recalled that the
allocation made last year was on a guarantee basis out of the Council
Contingency Fund. If that was true, he felt they should take action
converting that to a grant to the Festival. He suggested that they move to
grant the 311,950 to the Festival; Councilman Roth stated that he would
include that as part of his motion.
A vote was then taken on the foregoing motion, clarified as follows:
Approving the recommendations on Page 4 of the December 13, 1983 Halloween
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Festival Blue Ribbon Committee Report and granting $11,950 to the Festival
from the Council Contingency Fund (funds not used in the 1983 Festival).
MOTION CARRIED.
Before concluding, Mr. James Ruth, Assistant City Manager, clarified that the
City's contribution was in in-kind services and was ~38,677. They did not
have ail the costs but knew that that amount would not be exceeded and could
be a little less.
PUBLIC REQUEST - CONDITIONAL USE PERMIT NO. 2123 - TERMINATION: Submitted by
Marilyn R. Watson and Lois M. Ramont, requesting termination of Conditional
Use Permit No.. 2123, to permit a pre-school for 60 children on property
located at 856 South Walnut Street, as a condition of approval of Conditional
Use Permit No. 2483.
Councilwoman Kaywood offered Resolution No. 83R-483, terminating Conditional
Use Permit No. 2123, in accordance with the recommendation of the Zoning
Division. Refer to Resolution Book.
RESOLUTION NO. 83R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT
NO. 2123 AND DECLARING RESOLUTION NO. 81R-2 NULL AND VOID.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 83R-483 duly passed and adopted.
142/164: ORDINANCE NO. 4464: Councilman Roth offered Ordinance No. 4464 for
adoption. Refer to Ordinance Book.
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. (Subdivisions, Establishment of Drainage Areas)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4464 duly passed and adopted.
142.171: ORDINANCE NO. 4466: Councilman Bay offered Ordinance No. 4466 for
adoption. Refer to Ordinance Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
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.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayo~ declared Ordinance No. 4466 duly passed and adopted.
179: ORDINANCE NO. 4468: Councilman Roth offered Ordinance No. 4468 for
first reading.
ORDINANCE NO. 4468: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-8, CL, 711 South Beach
Boulevard)
119: CONGRATULATIONS TO THE RAMS: Mayor Roth congratulated the Rams for
winning a playoff spot in the National Football League Western Division and
for having such a fine season. He asked that a resolution be prepared
formally congratulating the Rams and Coach John Robinson on such a fine season.
114/173: AMTRAK STATION: Mayor Roth reported that he received a call from a
citizen who indicated that they had called the 800 number for the Amtrak
station in Anaheim for train information. She was told that the station was
not complete to date and secondly, that she should go to Fullerton, because it
was a better station in any case. He requested that staff call that number
and pose the same questions to see if the response was the same and to
subsequently submit a report.
REQUEST FOR CLOSED SESSION: The Assistant City Manager, James Ruth, requested
a Closed Session to discuss labor relations, potential litigation and a
personnel matter with no action anticipated; the City Attorney requested a
Closed Session to discuss litigation and potential litigation with no action
anticipated~
Councilman R0th moved to recess into Closed Session and a lunch break.
Councilman Bay seconded the motion. MOTION CARRIED. (10:57 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:42 p.m.)
179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 83-84-11 AND CONDITIONAL
USE PERMIT NO. 2503: Application submitted by Darrell L. and Esther M.
Clardy, for a change in zone from RS-7200 to CL, to permit commercial use of a
residential structure to establish a self-defense school with caretaker's
quarters on property located at 809 South Magnolia Avenue, with the following
Code waivers: (a) minimum landscaped setback, and (b) minimum sideyard
setback.
1041
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
The City Council, at its meeting of December 6, i983, granted a negative
declaration status on the project (see minutes that date).
The City Planning Commission, pursuant to Resolution No. PC83-199, approved
Reclassification No. 83-84-11, subject to the following conditions:
1. That the owner of subject property shall, by recorded deed, irrevocably
offer to deed to the City of Anaheim a strip of land 53 feet in width from the
centerline of the street along Magnolia Avenue for street widening purposes,
and 20 feet from west property line for alley purposes.
2. That the vehicular access rights, except at approved access points, to
Magnolia Avenue shall be dedicated to the City of Anaheim.
3. That the owner of subject property shall pay to the City of Anaheim a fee
for tree planting purposes along Magnolia Avenue in an amount as determined by
the City Council.
4. That the owner of subject property shall pay to the City of Anaheim a fee
for street lighting along Magnolia Avenue in an amount as determined by the
City Council.
5. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount as
determined by the City Council.
6. That prior to adoption of the Ordinance rezoning subject property,
Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The
provisions or rights granted by this resolution shall become null and void by
action of the Planning Commission unless said conditions are complied with
within one year from the date of this resolution, or such further time as the
Planning Commission may grant.
The City Planning Commission, pursuant to Resolution No. PC83-200, granted
Conditional Use Permit No. 2503, subject to the following conditions:
1. That this Conditional Use Permit is granted subject to the completion of
Reclassification No. 83-84-11, now pending.
2. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee equaling the difference between the commercial and
residential assessment fees shall be paid to the City of Anaheim in an amount
as determined by the City Council.
3. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 3.
4. That prior to final building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with.
1042
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
5. That the maximum number of students per session shall be fifteen (15).
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood at the meeting of November 8, 1983, and a public hearing scheduled and
continued from the meeting of December 6, 1983 (see minutes that date).
Mayor Roth noted that the public input portion of the hearing was closed at
the meeting of December 6, 1983; however, he had a question of the applicant
or applicant's agent.
Mr. Clardy or his representative was not present;'therefore, the matter was
trailed until later in the meeting. (1:43 p.m.)
Later in the meeting (3:17 p.m.) when Mr. Clardy was present in the Chambers
audience, Mayor Roth asked him to review his proposal so that Councilman
Pickler, who was not present at the December 6, 1983 meeting, could be
apprised of his plans.
Mr. Darrell Clardy explained his proposal, which was to build a self-defense
school (see minutes December 6, 1983). As requested at the last meeting, he
had also submit'ted elevation plans of the proposed building and what he
planned to do on the property.
Annika Santalahti, Assistant Director for Zoning, explained that Mr. Clardy
had submitted three elevation drawings, which were posted on the Chambers
wall, one being Revision 1 of Exhibit 4 and new Exhibits 5 and 6. The setback
was still nine feet, or one foot less than the Code requirement.
Councilwoman Kaywood expressed her concerns relative to parking. As noted in
the staff report, on-site parking was provided at the rear of the property for
eight vehicles, six open student spaces and two open tandem small car
residents' spaces. Staff pointed out, however, that the eight spaces may not
be adequate for the 15 students. There was also no street parking and it was
not permitted. She was wondering if it was possible to approve the
Conditional Use Permit for one year to see how the parking worked out, but not
approve the Reclassification.
Miss Santalahti stated that the CUP involved construction~ so she did not feel
it appropriate to limit it to one year. If the Reclassification were not
approved, the CUP would indicate it was a self-defense school and any other
commercial use of the property would be eliminated, unless another public
hearing was held. She felt it was possible to approve the CUP to allow the
self-defense school in the RS-7200 zone. The front setback was still
necessary and the CUP would be appropriate in that zone as well.
Mr. Clardy explained that they were only going to be open five hours, four
days a week, or 20 hours a week. As he mentioned at the previous meeting,
there was parking approximately 100 yards to the south and north; Councilwoman
Kaywood expressed her further concern in parents driving up to the school and
dropping children off on Magnolia. ~ If that occurred, accidents would result,
since it was not possible to do that safely on Magnolia because it was a
travel lane.
1043
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Mr. Clardy stated he would have to speak to those who signed up for the
classes personally to let them know that dropping off on Magnolia was not
allowed.
Councilman Pickler asked if sidewalks were to be installed; Miss Santalahti
explained that the Engineering Department did not require construction of a
sidewalk or other street improvements, but if the Council wished, they could
require Mr. Clardy to make the sidewalk improvements.
Councilman Bay asked Mr. Clardy if he would so stipulate to installing
sidewalks along Magnolia, connecting with the existing sidewalk to the north;
Mr. Clardy answered "yes."
Councilman Pickler asked the hours of operation of the school; Mr. Clardy
answered 3:00 p.m. to 7:00 p.m., Monday through Thursday.
Councilman Pickler asked if he would also stipulate to those hours; Mr. Clardy
answered that he did not know if he could do so, because he might want to have
a special class occasionally and he did not want to limit himself. He also
explained that he would like to take down the house on the property and build
a parking lot. He indicated a school of 75 students, but that was a high
maximum. All he wanted to do was make a living and that could be 30 students.
Mr. Paul Singer, Traffic Engineer, stated that the problems outlined by
Councilwoman Kaywood relative to traffic on Magnolia were his concern as well,
and he discussed the matter with the developer when it first came up. Mr.
Clardy assured him he was going to disseminate information to the parents of
students to discourage them from parking at the curb or dropping children off
on Magnolia and in such a way that he would install some sort of barrier or
fence where there would be no access from the street to the property.
Relative to a turnout, it would require additional right-of-way and
construction. A depression would have to be constructed in order to
accommodate a type of bus pull-out area at least eight feet wide.
After additional discussion between Councilwoman Kaywood and staff, Miss
Santalahti recommended that if it was the intent to approve the CUP only, that
ali the conditions on the Reclassification be transferred to the CUP.
Councilman Bay stated if they denied the Reclassification the business would
never happen, because there would be no time e~ement to finance what Mr.
Clardy was going to do.
Councilwoman Kaywood stated she was concerned that if the Reclassification
were approved, they were going to see a "hodgepodge" on the rest of Magnolia
and there were 14 houses left. She thereupon offered Resolution No. 83R-484,
denying Reclassification No. 83-84-11, reversing the findings of the City
Planning Commission.~ Refer to Resolution Book.
RESOLUTION NO. 83R-484: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT A CHANGE IN ZONE SHOULD NOT BE GRANTED IN
A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (83-84-11)
1044
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 83R-484 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 83R-485 for adoption, approving
Conditional Use Permit No. 2503, subject to the stipulation that a sidewalk be
installed along Magnolia Avenue connecting with the existing sidewalk to the
north and the following conditions:
1. That the owner of subject property shall, by recorded deed, irrevocably
offer to deed to the City of Anaheim a strip of land 53 feet in width from the
centerline of the street along Magnolia Avenue for street widening purposes,
and 20 feet from west property line for alley purposes.
2. That the vehicular access rights, except at approved access points, to
Magnolia Avenue shall be dedicated to the City of Anaheim.
3. That the owner of subject property shall pay to the City of Anaheim a fee
for tree planting purposes along Magnolia Avenue in an amount as determined by
the City Council.
4. That the owner of subject property shall pay to the City of Anaheim a fee
for street lighting along Magnolia Avenue in an amount as determined by the
City Council.
5. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee equaling the difference between the commercial and
residential assessment fees shall be paid to the City of Anaheim in an amount
as determined by the City Council.
6. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 through 3, Revision No. 1 of Exhibit No. 4, and Exhibit Nos. 5 and 6.
7. That the maximum number of students per session shall be fifteen (15).
8. That a sidewalk shall be installed in accordance with City standards along
Magnolia Avenue connecting with the existing sidewalk on the property to the
north of subject property.
9. That prior to issuance of a building permit, Condition Nos. 1, 2, 3, 4 and
5, abovementioned, shall be complied with.
10. That prior to final building and zoning inspections, Condition Nos. 3 and
8, abovementioned, shall be complied with.
Refer to Resolution Book.
1045
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
RESOLUTION NO. 83R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2503.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The Mayor declared Resolution No. 83R-485 duly passed and adopted.
174: CONTINUED PUBLIC HEARING - TENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM: To consider the Tenth Year (1984-85) Community Development Block
Grant Program Application in an estimated amount of ~2.2 million, to be
submitted to the State for A-95 Review. (Continued from the meeting of
December 13, 1983--see minutes that date--allocation was increased from $2.2
to $2,746,300 due to a change in the City's entitlement since 1980 census date
was used in the calculation of the allocation formula.)
Mayor Roth first explained that the public testimony portion of the hearing
had been closed at the prior meeting, but Council would have the opportunity
to ask questions of anyone present. He referred to the letter dated December
20, 1983, received that morning from the Anaheim Museum, Inc., signed by the
Chairman and Co-Chairman, Mildred Taggart and Theresa Pawlowski. The four
page letter (Subject: Communitywide Development Block Grant Program--Anaheim
Museum, Inc., request for $145,000--on file in the City Clerk's office)
answered the questions posed by City Manager Talley at the meeting of
December 13, 1983 (see minutes that date). The Mayor then posed questions to
Mrs. Pawlowski for purposes of clarification relative to the answers given to
Mr. Talley's questions as specifically stated in the letter.
Mrs Theresa Pawlowski, Co-Chairman, Anaheim Museum, Inc., confirmed that the
request for ~145,000 would be a one-time only grant request. Relative to
their commitment to complete the job, it was apparent by their fundraising
time schedule that they were definitely committed to completing the job. With
the granting of the request for ~145,0OO for the completion of Phase I,
Anaheim Museum, Inc., would immediately implement a grass-roots community
fund-raising program, as outlined on Page 1 of the letter. They felt at this
time they had a mandate of the community of Anaheim for the City Council to
continue the project and open a museum. She also confirmed that they would
maintain the museum in cooperation with the City. She then answered further
questions posed by Council members relative to the schedule of reconstruction
and opening of the museum.
Councilwoman Kaywood wanted to know the annual cost for maintenance of the
museum and asked staff if the figures were available on the cost to maintain
the Cultural Arts Center.
James Ruth, Assistant City Manager, stated it was approximately $4,500 a year
for ground maintenance, and the total for both maintenance and utilities was
$29,000.
1046
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
After further questions posed to Mrs. Pawlowski by Councilwoman Kaywood, the
Mayor asked on behalf of Councilwoman Kaywood if anyone had anything further
to add.
Mrs. Kris Tenpas, 1213 North Citron, spoke on the issue of the Crime
Prevention Block Grant Officer position, the issue being since two
Neighborhood Councils were not interested in having the position continued,
they were fighting hard to prevent anyone continuing with that program. She
maintained if any Councils in the City were willing to continue that position,
she would like to see them have that opportunity. When ali four Councils said
they were not interested, then the position should be eliminated, but not
until that time.
Extensive discussion took place between Council Members and Mrs. Tenpas
relative to the Crime Prevention Officer; at the conclusion of discussion,
Councilman Bay noted that the South Central Neighborhood Council and the
Patrick Henry Neighborhood Council did not want the Crime Prevention Position
under Block Grant continued, but the Citron and Central Neighborhood Councils
did, and the latter was willing to give up monies for other projects to have
it continued. He did not see a great deal of information on the Citron group
and wanted to know how many were still actively meeting in that Council.
Mr. August Heybrock, Citron Neighborhood Council, stated at their last meeting
there were approximately ten to twelve people. He was in favor of keeping the
position and the vote taken, while not unanimous in favor, was a majority vote.
Mayor Roth then referred to memorandum dated December 15, 1983, from the
Acting City Engineer, Art Daw, which was requested of staff at the last
meeting. The report discussed flooding conditions in the 1500 block of West
Laster Avenue as reported by Mrs. Cloake on December 13, 1983. He asked if
there was any staff recommendation relative to that problem.
Mr. Ruth stated it was a major problem and in terms of available funding they
tried to deal with those on a priority basis. His recommendation would be to
defer the project for a year based on their assessment. It was important and
they should and would get to it, but if there was a financial crunch, they
could defer it for a year.
Councilwoman Kaywood asked if the project was one that was discussed at a
meetin§ of the Committee~ approved but subsequently eliminated~ Lisa
Stipkovich, Housing Manager, explained that it was on the list of the City
Public Works Department. That information was given to the Committee, but in
going over the priorities and requests, it was not something they chose to put
on the priority list they received.
Extensive Council discussion followed, including questions to staff. During
the discussion and deliberation, each Council Member gave their input and
thoughts relative to the recommendations of the CDBG Community-Wide Citizen
Participation Committee on the allocation of the ~2.2 million as well as the
~546,300 in backup activities, the latter being the additional funding from
HUD (see staff report dated December 2, 1983).
1047
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
During the deliberations, Mrs. Gay Duncan, Anaheim Assistance League, spoke
relative to the AMPS Program as a result of questions posed by Council
Members. Mrs. Duncan reported that they had talked with the City Utility, who
felt they should continue with the program. Her organization felt there would
be a greater need for the program in the winter time, but Utilities did not
feel their bills changed from summer to winter. They wanted to continue the
program for another six months, and that would take 515,000.
Councilwoman Kaywood asked if the program were continued for a six-month
period, would they be looking to have the Assistance League bow out of that
program; Mrs. Duncan answered "yes."
Mayor Roth stated he would support the 515,000 with the understanding that the
program must be phased out and they would not be coming back to the Council
for additional funds.
Mrs. Ellen Pierce spoke on the need to have hot water in the lavatories at the
George Washington Community Center. The programs in the Center included the
TLC Program for Senior Citizens and she was concerned about the health problem
if hot water ~was not available for workers in that program to wash their
hands, as well as for other groups using the facility. She was also speaking
for Jeanne Blackwell.
Councilwoman Kaywood stated she wanted to make something clear relative to the
museum. She personally would have preferred to see other funding for the
museum, but she was a strong supporter that Anaheim should have had a
historical museum many years ago. She was concerned with the estimated cost
of 530,200 a year to provide staff, advertising and printing, materials and
supplies, and postage and mailing. That had not been discussed by the Council
as to whether it would be a City contribution year after year. She wanted to
see a maximum set up so that it was not open-ended; Mayor Roth suggested that
it be placed on a Council agenda and discussed.
The outcome of Council deliberation on the subject funding resulted in the
following motion:
MOTION: Councilman Pickier moved to approve the Tenth Year 1984-85 Community
Development Block Grant Program Application in the amount of $2,746,300 to be
submitted for A-95 Review, encompassing the recommendations of the CDBG
Community-Wide Participation Committee (see attachment to staff report of
December 2, 1983, from the Executive Director of Community
Development--Summary ~f CDBG Citizen Participation Recommendations for CDBG
Funding FY 1984-85 and Subsequent Listing--Funding Request Received for FY
1984-85, which included backup funds, allocations.under the project headings,
as well as non-profit organizations requests presented to the City
Council--the Council was working from the latter document), with the following
changes: (1) Remove backup funding on Item 7, Street Improvements, Orangewood
Avenue, $45,000; (2) Remove backup funding on Item 6, Miscellaneous Game Court
Improvements, ~23,000; (3) Remove backup funding on Item 5, Play Area
1048
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Improvements, $25,000; (4) Delete $58,000 for Crime Prevention Officer; (5)
Reduce backup funding on Item 2, AI? Implementation Study, by ~14,000 (was
~150,000, now $136,000); (6) Include the following funding under non-profit
organization requests: Catholic Social Services, $5,000; Assistance League of
Anaheim (AMPS Program), $15,000 with program to be phased out; Anaheim Museum,
Inc., ~145,000. Councilman Overholt seconded the motion.
Before a vote was taken, Councilman Bay stated he was going to vote "yes" on
the motion, but disagreed with the AMPS portion and the Catholic Social
Services portion. However, when he looked at the majority of the ~2.7 million
for the Tenth Year CDBG Program and saw that it was going directly to where he
would like to see it go, into capital improvements and direct service to the
public, that, in his opinion, fell under government responsibilities and he
could hardly vote "no" against the whole thing.
A vote was then taken on the foregoing motion. MOTION CARRIED.
RECESS: By general consent, the Council recessed for ten minutes. (3:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:17 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO. 82-83-27 AND VARIANCE NO. 3328,
REV. NO. 3~ REVISED PLANS: Submitted by State-Wide Developers, Inc., (Apollo
Junior High School), requesting approval of revised plans for Reclassification
No. 82-83-27 and Variance No. 3328, for a change in zone from RS-A-43,000 to
RM-3000, to construct a 332-unit affordable condominium complex, with various
Code waivers on approximately 18.6 acres of land located on the west side of
Knott Street, south of Ball Road.
Environmental Impact Report No. 247 was previously certified by the City
Council on December 8, 1981.
A public hearing was set by the City Council on November 22, 1983, upon
recommendation of the City Planning Commission.
The Mayor asked if the applicant or applicant's agent was present.
Su~an Beamis, State-wide Developers, stated that revised plans had been
submitted (which were posted on the Chambers wall) and the basic differences
were as follows: They had reorganized the floor plans, rearranged the
buildings by angling them to vary the feeling of the project, deleted one of
the entrances and modified the circulation in the entire project. The changes
resulted in additional recreation open space and enabled them to remove a few
of the tandem parking spaces. They were asking for no additional variances
and nothing that had not been previously approved. Staff had a concern
relative to circulation. If they were to build in phases, staff wanted to be
sure that the circulation could stand alone. She understood staff had put
together a condition with which they were in agreement which would solve that
problem.
1049
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Miss Santalahti stated the general wording of that condition was as follows:
If the property is to be developed in phases, the property owner shall, prior
to the issuance of the first building permit, record a document agreeing that
during all phases of construction, adequate and safe on-site vehicular
circulation shall be constructed and maintained for all vehicles, including
any necessary turnarounds, said design to be approved by the City Traffic
Engineer. This document shall be approved by the City Attorney's office prior
to recordation.
Councilwoman Kaywood asked Ms. Beamis if she would stipulate to that
condition; Ms. Beamis so stipulated.
Councilwoman Kaywood asked if they planned to have gates for the community;
Ms. Beamis answered that there was no way that they could put gates at the
entrances to the project itself, since they would have a stacking problem.
They might use gates in the interior, around the units for security purposes,
but they were still studying that aspect.
There being no further persons who wished to speak, the Mayor closed the
public hearing.
MOTION: Councilman Roth moved to approve the revised plans for
Reclassification No. 82-83-27 and Variance No. 3328, Revision No. 3, with the
added condition stipulated to by the applicant as articulated by the Assistant
Director for Zoning. Councilman Pickler seconded the motion. MOTION CARRIED.
RECESS: By general consent, the Council recessed for ten minutes. (3:50 p.m)
AFTER RECESS: The Mayor called the meeting tO order, all Council Members
being present. (4:02 p.m.)
i53:' ANAHEIM FIREFIGHTERS ASSOCIATION: Mr. Jim Scherler, President, request
to address the impasse between the Anaheim Firefighters Association and the
City, in accordance with Section 1.06.090 of Ordinance No. 3040.
Mr. Jim Scherler, President of the Anaheim Firefighters Association, first
stated he hoped the Council had an opportunity to review the material they had
presented~published in the local newspapers, which they felt illustrated the
concerns they had with the City's proposed contract. He continued that
firefightlng was the most hazardous occupation in the United States and twice
as many firefighters died in the line of duty as policemen. The death rate
from cancer for firefighters was almost twice that of non-firefighters and
they had a 55 percent greater chance of dying from heart disease as that of
the general population. He then elaborated upon some of the additional
hazards of the job. He emphasized the City was considering reducing the
economic protectives they considered part of their compensation for doing
those tasks.
During the last five years, the Police Department had increased in size by 49
members to assist with the City's expansion, but in the same five years, the
Fire Department had been reduced by 12 members. They were now doing more of
1050
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
an increasingly hazardous occupation with fewer people, thereby increasing the
risks to themselves. They were being required to do more with less. He
recounted the fires that had taken place in the City in the last year,
emphasizing that the chances of injuries and death for firefighters were just
as great in Anaheim as anywhere else. In addition, the City was also
proposing to eliminate their mandatory physical examinations which were a
proven factor in discovering injuries and disease before they caused disabling
retirements and death. Those were some of the reasons why their membership
turned down the proposed contract by a three-to-one margin. They did not feel
the City was in such financial distress as to necessitate the reduction of
protective benefits for its firefighters.
In the City's opening remarks at negotiations, it was stated that it was not a
matter of the City being able to afford pay raises and retirement benefits,
but those items were not as high a priority as infrastructure improvements.
The protection of firefighters lives through mandatory physicals and the
security of their families' futures should be the highest priority.
In concluding, Mr. Scherler stated that the City's proposed new salary
structure would have new firefighters, members of the most hazardous
occupation in the United States, making less salary than the Fire Chief's
secretary.
Mr. Jay Gould, Attorney, General Counsel and Chief Negotiator for the Anaheim
Firefighters Association, explained that Mr. Paterson, the City's negotiator,
told them there would be no agreement unless they agreed to give up retirement
benefits and retirement insurance benefits for new employees. Their
firefighters rejected the City's final proposal by a margin of three-to-one.
That membership was present today, as was the membership from the Anaheim
Police Association, the Anaheim Municipal Employees Association and the
International Brotherhood of Electrical Workers. The question was why so much
controversy over benefits and protection for employees not yet hired. In
preparation for today, he asked himself, what would reach the hearts and minds
of the Council to cause them to go slow, to study the issue, to decide that
the economic savings were outweighed by the human impact. He would plead for
the City's future employees and beg for them. Mr. Scherler told them about
the hazards of the occupation. He would ask them to listen to those hazards,
consider and study them. He was not asking for more money for their current
employees or better benefits for their current employees. He was asking them
not to take away basic protections that a future member of the most hazardous
occupation desired and needed. He was asking them to do what was right for
those willing to be injured and die to protect them and their possessions.
Mr. Gould then described the hazards of the firefighter. Most disability
retirements for firefighters occurred between the age of 49 and 56 and
firefighters were disabled by heart disease 55 percent more than the people
they served. He asked how, as their employers, they could reconcile in good
conscience, increasing their retirement age from 50 to 55. He urged the
Council not to act at this time, but defer any action for at least a year,
take the information provided and refer it to a citizens' committee on
1051
City Hall, Anaheim, California - COUNCIL MINUTES - December 20, i983, 10:00 A.M.
retirement benefits to let them study whether the retirement age for
firefighters should be increased and whether firefighters needed the economic
protection of health insurance when they retired. He urged them not to act in
haste to save money. The bottom line for firefighters today was that their
decision to take a job protecting lives and property meant that they lived an
average of ten fewer years than other Americans. Those people were the
Council's employees. They were being asked to make a monetary decision about
how their lives would be conducted when they became their employees. He asked
them not to act in haste. (Also see booklet submitted entitled, "A
Presentation by the Anaheim Firefighters Association Local 2899 IAFF to
Anaheim City Council December 20, 1983--on file in the City Clerk'S office.)
Mrs. Linda Pash, 5525 Lemon Street, Long Beach, stated that her husband was a
paramedic fireman for the Anaheim Fire Department and, as a practicing nurse,
she was aware of and had seen the ill effects his job had on his health. She
described how firefighters operated under a state of sleep deprivation and the
deterioration that occurred to the human body due to shift work, the latter
being the subject of a research project she had just completed. She resented
the fact that the City was trying to take away benefits from the
firefighters. They needed more vacation, more sick days and more retirement
benefits--not less.
Mr. Jake Petrosino, Planning Graphics Supervisor in the Planning Department
and the elected member on the PERS Board of Administration representing the
active public agency membership in the State of California, stated he had been
before the Council twice in the last few years and he was present again on the
same subject, widows and orphans benefits. He felt that the representative
organizations could represent their own members better than he could; he was
present for those not represented, the widows and orphans of workers who had
died, and not represented at the bargaining table. It was his understanding
that the City was proposing to eliminate the 1959 Survivor Benefits. Those
benefits were paid for totally by the employee at a rate of ~2 a month. If
the elimination of those benefits was still a part of the City's proposal,
that instructions be given by the Council to strike that from the City's
position and reinstitute those benefits and hopefully not diminish them or
eliminate them for new employees or existing employees.
After the foregoing presentations, Mayor Roth asked if staff had anything to
add: Human R~ourc~ Director Garry McRae answered "no."
Councilman Roth offered Resolution No. 83R-486 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 83R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE FIRE EMPLOYEES UNIT,
REPEALING RESOLUTION NOS. 80R-545, 82R-500, 82R-558, AND SUPERSEDING THOSE
PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467, 65R~459, 69R-603, 69R-607,
72R-502, 72R-506, 72R-507, 76R-184, 76R-509, 77R-806, 77R-807, 79R-615,
81R-151, 81R-173, 81R-410, 81R-411, 81R-537, 81R-538 AS THEY APPLIED TO
EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE FIRE EMPLOYEES UNIT.
1052
City Hall, Anaheim, CaLifornia - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickler and Roth
None
None
The ~ayor declared Resolution No. 83R-486 duly passed and adopted.
Councilman Roth offered Resolution No. 83R-487 for adoption. Refer to
Resolution Book.
RESOLUTIONNO. 83R-487: RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. (to provide
Section 20461.6, reduction of benefits for future employees, for local fire
members only)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Overholt, Pickier and Roth
None
None
The Mayor declared Resolution No. 83R-487 duly passed and adopted.
ORDINANCE NO. 4469: Councilman Roth offered Ordinance No. 4469 for first
reading.
ORDINANCE NO. 4469: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL OF THE CITY OF
ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
MOTION: Councilman Roth moved to approve the Plan Document for the City of
Anaheim Employee Benefit Plan to be effective January 1, 1984, for employees
in the Fire Employee Unit of Representation. Councilman Bay seconded the
motion. MOTION CARRIED.
MOTION: Councilman R0th moved to approve the letter from Standard Insurance
Company'amending Long Term Disability policy to provide that employees in the
Fire Employees Unit shall be eligible for LTD benefits only from conditions
that are non-occupational and adopting premium rates for 1984. Councilman
Pickler seconded the motion. MOTION CARRIED.
112.123: MANAGEMENT AUDIT OF CITY ATTORNEY'S OFFICE: Councilman Pickler
moved to accept the proposal of Ralph E. Andersen & Associates to perform a
management audit of the City Attorney's office and directing the City Attorney
to prepare the contract for submission to the City Council on January 3,
1984. Councilman Roth seconded the motion. MOTION CARRIED.
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City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded
the motionl MOTION CARRIED. (4:25 p.m.)
LINDA D. ROBERTS, CITY CLERK
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