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1978/04/1178-406 City Hall, Anaheim~ California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts Mayor Thom called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Reverend George Brown, Melodyland Hotline Center, gave the Invocation. FLAG SALUTE: Councilman William I. Kott led the assembly in the Pledge of Allegiance to the Flag. RESOLUTION OF CONDOLENCE: A Resolution of Condolence for the family of Clare Van Hoorebeke, athletic coach and teacher for 27 years at Anaheim High School, recently deceased, was unanimously authorized by the City Council and accepted by Mr. John Wallin on behalf of the Van Hoorebeke family. MINUTES: Approval of minutes was deferred for one week. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilman Roth seconded the motion. MOTION UNANIMOUSLY CARRIED. FI'NANCIAL DEMANDS AGAINST THE CITY in the amount of $3,887,958.41, in accordance with the 1977-78 Budget, were approved. 167: WAIVER OF TRAFFIC SIGNAL ASSESSMENT - SERVITE HIGH SCHOOL: Father Raymund Geb, Principal of Servite High School, 1952 West La Palma Avenue, briefed the Council on his letter dated April 4, 1978, requesting waiver of a traffic signal assessment of $9,438 which was recently added to their application for a building permit. He .explained that they had been struggling for 20 years to complete the school's master plan and were now going into their last phase of building. They discovered, however, that a new city policy required additional monies for traffic signal fees, and they were asking that those fees be waived, since their new construction would not increase traffic in the area; the signals needed were, and already had been, in place for some time; they were not expanding their program to include more students, but needed more room for those they had; and no additional parking would be required. The Mayor stated that a similar request was acted upon affirmatively by the Council in the recent past on behalf of the Lutheran Church on East Street. The Council adopted the traffic signal assessment policy on new construction to help defray ~the cost of signalization, wherever it may be. However, he concurred with Father Geb's rationale and he believed the Council could, in all good conscience, exempt Servite from the fee, especially since the size of the student body was not being increased. 78-4(~ 7 City Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. Councilman Thom thereupon moved that the fee for traffic signal assessment for Servite High School relative to new construction be waived. Councilman Roth seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she wanted it clear that such a waiver not be a precedent, because if all fees were waived, there would be no fund. However, she did favor the waiver in this case. A vote was then taken on the foregoing motion and carried unanimously. 150: USE OF CITY PARKS BY MELODYLAND: On motion by Councilman Kott, seconded by Councilman Seymour, use of certain city parks by Melodyland to continue their annual Tel-A-Round Park Ministry was approved, as outlined and recommended in memorandum dated April 5, 1978 from the Parks, Recreation and the Arts Director. MOTION CARRIED. 153: NEW RATE OF COMPENSATION - FIREFIGHTER I: Councilwoman Kaywood offered Resolution No. 78R-214 for adoption, as recommended in memorandum dated April 4, 1978 from the Personnel Director. Refer to Resolution Book. RESOLUTION NO. 78R-214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR FIREFIGHTER I BY AMENDING RESOLUTION NO. 77R-743, WHICH ESTABLISHED RATES OF COMPENSATION FOR JOB CLASSES REPRESENTED BY THE ANAHEIM FIRE ASSOCIATION. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The M~yor declared Resolution No. 78R-214 duly passed and_adopted. 123/153: CONTRACT FOR EMPLOYEE GROUP VISION CARE: (Califo~hia Vision Service, dba Vision Service Plan) Councilman Roth offered Resolution No. 78R-215 for adoption, as recommended in memorandum dated April 4, 1978 from the Personnel Director. Refer to Resolution Book. RESOLUTION NO. 78R-215: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH CALIFORNIA VISION SERVICE, DBA VISION SERVICE PLAN, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. (Vision Care Benefits) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-215 duly passed and adopted. 78-408 C__i_ty Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. 104: STREET LIGHTING ASSESSMENT DISTRICT 1977-1 - TRACT NO. 1404: Councilwoman Kaywood offered Resolution No. 78R-216 and Resolution No. 78R-217 for adoption, as recommended in memorandum dated March 29, 1978 from the Superintendent of Streets, Thornton Piersall. Refer to Resolution Book. RESOLUTION NO. 78R-216: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931. RESOLUTION NO. 78R-217: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE, REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (publi~ hearing, May 9, 1978, 3:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-216 and 78R-217 duly passed and adopted. 158: DEDICATION OF CITY-OWNED PROPERTY FOR ROAD AND PUBLIC UTILITY PURPOSES: Councilman Seymour offered Resolution No. 78R-218 for adoption, as recommended in memorandum dated March 23, 1978 from the City Engineer, James Maddox. Refer to Resolution Book. RESOLUTION NO. 78R-218: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY IN THE CITY OF ANAHEIM FOR PUBLIC PURPOSES. (N/S Nohl Ranch Road~ E/O Imperial Highway) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-218 duly passed and adopted. 158: PURCHASE OF TAX DEEDED PROPERTY FROM THE COUNTY OF ORANGE: (Tax Sale No. 1234) Councilman Kott offered Resolution No. 78R-219 for adoption, as recommended in memorandum dated March 21, 1978 from the City Engineer. Refer to Resolution Book. RESOLUTION NO. 78R-219: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE ACQUISITION OF CERTAIN TAX-DEEDED PROPERTY AND DIRECTING PAYMENT THEREFOR. (N/S Katella, E/O Euclid) 78-409 City Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-219 duly passed and adopted. 123: PERMIT AGREEMENT FOR USE OF 50 PARKING SPACES AT ANAHEIM STADIUM PARKINC LOT: (Pinata Foods - one year, at $500 a month) Councilwoman Kaywood offered Resolution No. 78R-220 for adoption, as recommended in memorandum dated March 28, 1978 from the Stadium-Convention Center-Golf Director, Tom Liegler. Refer to Resolution Book. RESOLUTION NO. 78R-220: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A PERMIT AGREEMENT WITH PINATA FOODS, INC., AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-220 duly passed and adopted. 123: INDEPENDENT FINANCIAL AUDIT FOR FY 1977-78 - PRICE WATERHOUSE & COMPANY: The Mayor stated that he presumed both Councilmen Seymour and Kott, who served on the Audit Committee, were satisfied with the selection of Price Waterhouse to perform the subject audit. Councilman Kott explained that not only did Price Waterhouse submit one of the low bids of the five most desirable firms, but also offered the most in terms of quality, according to their report, by offering more hours in the partnership and senior accountant class as opposed to the lower end of the scale. The Mayor and Councilman Roth thanked both Councilmen Seymour and Kott for the work they did on the Audit Committee. ' Councilman Seymour offered Resolution No. 78R-221 for adoption, as recommended in memorandum dated April 4, 1978 from the Audit Selection Committee. Refer to Resolution Book. RESOLUTION NO. 78R-221: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH PRICE WATERHOUSE & COMPANY TO PERFORM A FINANCIAL AUDIT AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY. (commencing May 11, 1978 to be completed by September 15, 1978) ' 78-410 City Hall~ Anaheim, California - COUNCIL MINUTES - April lip 1978~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None COUNCIL MEMBERS~ None The Mayor declared Resolution No. 78R-221 duly passed and adopted. 123: ADDENDUM "A" AGREEMENT WITH ORANGE COUNTY PRO SOCCER: City Attorney William Hopkins explained that a resolution was presented at the previous Council meeting which discussed an agreement with Orange County Pro Soccer (California Surf). Over the weekend an addendum was made to the agreement to clarify certain points, and an additional resolution was necessary to confirm those points. Councilman Kott explained that the 40-page agreement was submitted to the Council the night before the last Council meeting. He and Councilman Seymour had an occasion to meet the morning of the meeting (Tuesday, April 4, 1978) on another matter and broached the subject of the agreement. He (Kott) had read the document and believed that some loopholes existed, which he pointed out to the City Manager and the City Attorney. No staff report had been received relative to the matter and none had yet been submitted. At the end of his conversation with Councilman Seymour, it was decided the matter should be delayed for one week so everyone, including staff, the City Manager and the City Attorney, would have an opportunity to read the agreement thoroughly. However, for some reason, it was brought up at the afternoon Council meeting and unanimously passed with the so-called loopholes. The subsequent meeting was held on Sunday with Mr. Jim Dooley, Staff Assistant, two City Attorneys and the City Manager to discuss these matters resulting in the addendum which was readily signed by the California Surf. The thrust of the explanation was the fact that it was very difficult to be able to cast a vote on items where he and the Council did not have an opportunity to review and digest supporting documentation. In the future, he hoped that staff would contribute tdward the goal of affording the Council an opportunity to evaluate suth matters without acting emotionally. For instance, in this case the inference was if the Surf contract was not approved, perhaps the Rams would not come to Anaheim Stadium. The Council was anxious to act in the best interests of the City. The Mayor stated he understood that after Councilmen Seymour and Kott spoke with City Manager Talley, they had Mr. Talley's concurrence that he would not bring the contract up for action at last Tuesday's meeting, but, in fact, he did so against his agreement with both Council members. Councilman Seymour stated that was not true, but instead,the situation was as Councilman Kott reported. The reason it was placed on the agenda for approval last week rather than be delayed was due to a miscommunication. He thought that the points raised by Councilman Kott had been handled and it was assumed by the Council that one party had talked to the other. Otherwise, he and Councilman Kott would have voted against the agreement. Thereafter, Mr. Liegler, Staff, the City Manager and City Attorney acted quickly to answer the concerns rightfully raised. He is now totally satisfied that the matter had been handled properly, and the City had an excellent contract with the Surf. 78-41 1 City Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978, 1:30 P.M. Councilman Seymour continued that Councilman Kott's point, with which he agreed, was that in the future, when such documents were involved, he would not vote, but instead, would put the matter off to insure ample opportunity for their evaluation. In this instance, everything worked out satisfactorily, but the City could have been put in a less than desirable situation. Further, both he and Councilman Kott wanted a complete staff report from the City Attorney as to his recommendations on the contract, as well as one from Mr. Liegler and/or Mr. Talley making the recommenda- tion of approval of the contract very clear regarding terms, since the City Council was ultimately held responsible for the decision to proceed. Staff had an equal responsibility to present their opinions in writing relative to contracts of that type. In concluding, Councilman Seymour stated there was no truth to the statement that the City Manager had acted against the will of two Council Members. The Mayor stated when the resolution passed, he executed the contract the same day. Thus, he wanted to know how the situation could have occurred in light of the pre-Council discussion, and why the rest of the Council was not made aware of the discussion with the City Manager and a statement to that effect incorporated into the resolution that was passed stating there were some items that had yet to be worked out. Councilman Seymour stated that Councilman Kott thought that he had taken care of the matter and he (Seymour) thought Councilman Kott had done so, but there was no communication with Staff by either of them. Mr. Talley stated he told the entire Council when the item was introduced at the previous Council meeting and, speaking directly to the Mayor at the time, that there were certain non-substantive additions that should be made to the contract, but the Mayor executed the contract in any case. He assumed that the contract would not be signed until the corrections had been made, but when it was learned that it had been executed, Staff moved on the matter immediately by setting up a meeting with the Surf. He did not know the contract was going to be presented by the City Attorney and that the error, if there was one, was that in the event the Rams were to come to Anaheim Stadium, a minor change would have to be made in the expansion of the Stadium, and the agreement did not contemplate that expansion. That was the major correction in the contract, and the others were merely for clarification purposes. The Surf had no problem with the changes and signed the addendum immediately upon its presentation. The Mayor stated that he, perhaps, could accept a portion of the blame because he did not remember Mr. Talley's statement made at the April 4, 1978 meeting. Councilman Kott offered Resolution No. 78R-222 for approval authorizing and incorporating Addendum "A" to the agreement with Orange County Pro Soccer. to Resolution Book. Refer RESOLUTION NO. 78R-222: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF ADDENDUM "A" TO THE AGREEMENT WITH ORANGE COUNTY PRO SOCCER, SAID AGREEMENT APPROVED BY RESOLUTION NO. 78R-204, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID ADDENDUM "A". 78-412 City Ha~l~ Anaheim~ California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-222 duly passed and adopted. 180: RISK MANAGEMENT PROGRAM: Councilman Seymour stated that he and Councilman Kott had spent some time discussing the program with the City Manager and a report was submitted from the City Attorney dated April 10, 1978, as well as one from the City Manager, also dated April 10, 1978. If the Council had an opportunity to read the City Manager's report, he would thus recommend that Alternative No. 3, a) and b), stated in the report be adopted, dividing the Risk Management function and related responsibilities and authority. He had a conference with the City Attorney that morning, and Mr. Hopkins stated he could live within the limitations and the structure of Alternative 3. Councilman Seymour thereupon Offered a motion selecting Alternative 3 in establishing the relationship of the Risk Management function with the City Attorney's Office. Councilman Roth seconded the motion. Before a vote was taken, the Mayor stated he was under the assumption that claims filed against the City were first filed with the City Clerk's Office before being transmitted to the City Attorney's Office. He did not see that procedure listed in the memorandum and he believed it to be a Charter requirement unless there was an attempt to circumvent the Charter administratively. City Attorney Hopkins clari- fied that the procedure, as articulated, was a Charter requirement. For clarification purposes, City Manager Talley explained there was no intent or direction applied in ever circumventing the Charter by any member of the staff deliberately. Currently, as he understood the situation, c'laims of a variety of types were received by the City and filed with the City Clerk and then distributed to the City Attorney and other people who made decisions thereon. Under Risk Management, there would be a centralization of the risk analysis. In his memorandum he did not discuss the processing of pieces of paper, but who would be responsible to evaluate the risk and make recommendations through the Manager to the City Council relative to coverage in like matters. The option listed in the memo dealt with where the Risk Management function would be assigned, as well as responsibility, and it outlined in detail the basic objectives of the program. He reiterated it did not address itself directly to the paperwork process, and there was no intent that the claims not be submitted and processed as at present, with the exception that the Risk Manager would have the responsibility to evaluate the way they were handled, the amount the City was responsible for, etc. He understood that the Council had a policy, with the approval of the City Attorney, routinely rejecting all claims; City Attorney Hopkins stated that was not quite correct. Mr. Talley stated that whatever the present procedure, there was no contemplation that it would change. At the request of the Mayor, City Attorney Hopkins stated that the Charter provided that all claims for damages against the City be presented in writing to the City Clerk's Office within 100 days, and subsequently the City Clerk would forward the claims to the City Attorney's Office pursuant to Council Policy No. 112. This policy providgd that the City Attorney's Office advise the claimant directly in the event the claim was defective, insufficient or otherwise, and subsequently submitted to the Council for appropriate action. Thus, there was a legal 78-413 City Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. determination as to the sufficiency of the claim exercised by his office, and if not sufficient, pursuant to Government Code and the Charter, then it was sent back to the claimant, pointing out that it was deficient. If resubmitted, the claim would then be referred to the City Council again for appropriate action. Councilman Seymour asked Mr. Talley if he had any problem with the procedure as outlined. Mr. Talley stated he did not, and what he was talking about under Risk Management, if a claim was not legitimate and rejected as being insufficient, then it did not represent a claim to the City and taxpayers' money should not be wasted by working on it until it had been accepted. Mr. Hopkins clarified that at that point in time it was not a legally sufficient claim, but Government Code required that a determination be made and it was legally required that his office do so. It was an imposed duty and one that was in their prerogative and under their budget. Mr. Talley stated that once a claim did, in fact, become a claim, it would then fall within Risk Management. He also confirmed for Councilman Seymour that there was no misunderstanding or disagreement as to how claims would be filed. The Mayor asked for a recapitulation as to how claims would be filed, because he wanted it to be an exact part of the motion. To recapitulate, Mr. Talley stated that however claims were now handled, they would be filed the same way in the future. Once the claim became a claim, it would then become a part of the Risk Management program. For clarification, the Mayor stated that when a claim was filed with the City Clerk's Office, it was then fowarded to the City Attorney's Office. At that point~ and as part of the motion, they would be given a prima-facie ruling as to whether they were legally sufficient to be claimed against the City or not, and subsequently forwarded from the City Attorney's Office to the Risk Manager's Office. City Attorney Hopkins confirmed the Mayor's understanding of the procedure, but relative to the last point, the present policy of the Council provided that claims be returned to the City Clerk's Office, and he saw nothing that stated that pro- cedure had been changed. Mayor Thom then stated that in adopting the motion, somewhere the Risk Manager had to be included or the Charter would be circumvented. Councilman Seymour took issue with the statement made by the Mayor and contended more red tape and bureaucracy was being created, whereas the intent was to savc taxpayers' money by a minimum of $100,000 up to $300,000 annually. If there was some doubt in the City Attorney's mind that ~he Risk Manager or the City Manager in any way had any intention of circumventing the Charter, then he had the responsibility to come forth and say so. The Mayor maintained that he had done so. Councilman Seymour did not agree. 78-414 City Hall~ Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. Mr. Hopkins stated, at this point merely paper flow was being established and he believed it would probably resolve itself to where City Council Policy No. 112 would have to be changed to include the Risk Manager somewhere along the line. Councilman Seymour stated the Risk Manager would not touch the claim until it had been to the City Clerk's Office and until the City Attorney declared it to be a valid claim. The Mayor was suggesting that somehow there was a violation of the Charter because it was going directly to the Risk Manager when that was not the case, and the same procedure would be followed as in the past. The only point of concern they had presently was, after a claim became an established claim, what, then, would happen? He maintained that Alternative No. 3 fairly and clearly spelled out that procedure. The Mayor asserted, not unless it was articulated in the motion. Mr. Talley interjected that this was now an area of Council Policy already established and could be changed upon recommendation, but it had nothing to do with the Charter. Mr. Hopkins clarified that at this poimt the matter dealt with Council Policy No. 112. Mr. Talley stated that after a professional Risk Manager was hired, if he felt that adjustments in the Council Policy were required, he would come forward with recommendations. The Mayor stated that was where they differed, and he preferred to have it "clean" going in. Councilman Seymour then invited the Mayor to amend the motion accordingly. The following is a verbatim transcript as requested by Mayor Thom to be spread in full in the minutes. "THOM: Just the amendment in there is that the claim follows its standard procedure... SEYMOUR: In accordance with the City Charter? THOM: in accordance with the City Charter... SEYMOUR: Fine. THOM: and Council Policy 112. SEYMOUR: Fine. THOM: and from there it goes to the Risk Manager. SEYMOUR: That's accepted in the motion. THOM: Okay? SEYMOUR: Fine. 78-415 City Hall, Anaheim, California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. THOM: KOTT: SEYMOUR: Then I got no problem, I just wanted that clearly understood. Now, just to be sure, one step more, now should there be a disagreement between the Risk Manager and the City Attorney, I think we ought to... That's spelled out in subparagraph b. THOM: KOTT: At that point the City Attorney .... I just got mine about an hour ago so I haven't had a chance to read it. SEYMOUR: Well, pay attention to subparagraph b, it says, 'At the point of litigation, the City Attorney would take full responsibility and authority for nego- tiating and settling any litigated cases. All actions, all actions in litigation, would be reviewed by the Risk Manager and any disagreement would be decided by the City Council in Executive Session.' KOTT: Very good. SEYMOUR: Bill... THOM: I just want the chain established up to that point and if it's in the motion, everyone understands it, we'll ask for the question to be called. Are there any "no" votes to the motion? If there are none, the motion has been carried unanimously as articulated." 169: AWARD OF CONTRACT - ROYAL OAK ROAD STREET IMPROVEMENT: (Project Account No. 12-4309-706-16-0000) Councilman Kott offered Resolution No. 78R-223 for adoption awarding a contract to the low bidder, in accordance with the recommenda- tions of the City Engineer in his memorandum dated April 3, 1978. Refer to Resolution Book. RE~OLUTION NO. 78R-223: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: ROYAL OAK - SANTA ANA CANYON ROAD TO SPRING HILL DRIVE SIDEWALK IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 12-4309-706-16-0000. (Markel Cement Contracting, Inc. - $8,853.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-223 duly passed and adopted. 169: AWARD OF CONTRACT - BARRIER FREE ANAHEIM NO. 2: (Project Account No. 12-4309-707-16-0000.) Councilman Kott offered Resolution No. 78R-224 for adoption awarding.a contract to the low bidder, in accordance with the recom- mendations of the City Engineer in his memorandum dated April 3, 1978. Refer to Resolution Book. 78-416 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 11, 1978~ 1:30 P.M. RESOLUTION NO. 78R-224: A RESOLUTION OF THE CITY COUNCIL OF ~HE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: BARRIER FREE ANAHEIM--AREA 2, IN THE CITY OF ANAHEIM, PROJECT ACCOUNT NO. 12-4309-707-16-0000. (N.D.L. Construction CorpOration - $32,701.10) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution No. 78R-224 duly passed and adopted. 168: PURCHASE OF EQUIPMENT - 18 TONS OF AGRIFORM CRF21-8-8 FERTILIZER - BID NO. 3395: On motion by Councilman Kott, seconded by Councilman Roth, the only sealed bid of Robinson Fertilizer Company was accepted and purchase authorized in the amount of $10,616.11, including-tax, as recommended by the Purchasing Agent in his memorandum dated April 3, 1978. MOTION CARRIED. 160: PURCHASE OF EQUIPMENT - ONE FOUR-CYLINDER LYCOMING AIR-COOLED 205 hp FUEL INJECTED TURBO-CHARGED AIRCRAFT ENGINE: Councilman Roth asked if the engine in the original aircraft, the Enstrom, was under warranty, and, if so, was the warranty period over when the engine failed? A representative from the Police Department first explained that the cause of the problem was the malfunction in one of the oil lines, although the reason why it occurred had not yet been determined. Three different manufacturers were involved; the turbo-charger, engine and helicopter manufacturers. The problem that existed, although at the time not hazardous, caused another chain of events precipitating engine teardown for safety reasons. Thus, it took a longer period of time to re-examine the engine than to replace it. After determining the problem, they could pursue it and that was their intent. The warranty was still in effect and only 50% used. On motion by Councilman Seymour, seconded by Councilwoman Kaywood, the bid of Tallmantz Aviation Inc. was accepted and purchase authorized in the amount of $9,436, as recommended by the Police Chief in his memorandum dated April 5, 1978. MOTION CARRIED. 124: REJECTION OF BIDS AND CALL FOR NEW BIDS - CONVENTION CENTER EAST PARKINC LOT MODIFICATIONS: (Project Account No. 38-4855-985-20-0893) Councilman Kott offered Resolution No. 78R-225 for adoption rejecting all bids on the subject modification and project account, and Resolution No. 78R-226 for adoption calling for bids on the modification, deleting the restroom facilities and ticket booth structures. Refer to Resolution Book. RESOLUTION NO. 78R-225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 23RD DAY OF MARCH, 1978, FOR THE CONVENTION CENTER EAST PARKING LOT MODIFICATIONS ACCOUNT NO. 38-4855-985-20-0893. ' 78-417 City Hall, Anaheim~ California - COUNCIL MINUTES - April 11, 1978~ 1:30 P.M. RESOLUTION NO. 78R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: CONVENTION CENTER EAST PARKING LOT MODIFICATIONS, IN THE CITY OF ANAHEIM, ACCOUNT NO. 38-4855-985-20-0893; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC.IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZING AND DIRECT- ING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 11, 1978, 2:00 P.M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-225 and 78R-226 duly passed and adopted. REQUEST FOR REHEARING - RECLASSIFICATION NO. 77-78-38: On motion by Councilwoman Kaywood, seconded by Councilman Thom, request by the applicant in letter dated April 11, 1978, for a re-hearing on the subject reclassification for proposed CO zoning at 800 South Harbor Boulevard, was approved subject to payment of a $50 fee MOTION CARRIED. ' ' CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Before the PUC Application No. 57763, Notice of Hearing of Mexicursions, Inc., a corporation, for a certificate of public convenience and necessity to oper- ate passenger stage tour service between points in the County of San Diego, on the one hand, and various points in Orange County on the other hand, and between the City of Anaheim, on the other hand, and various points in San Diego County on the other hand. ' b. 105: Project Area Committee - Minutes of March 14, 1978. c. 105: Youth Commission - Minutes of March 22, 1978. d. 105: Community Center Authority Joint Powers Meeting - Minutes of March 27, 1978. e. 107: Monthly report of March 1978 - Building Division. 108: AMUSEMENT DEVICES PERMIT: The following permit was approved in accordance with the recommendations of the Chief of Police. 'a. Amusement Devices Permit for jukebox and pinball machine for the VFW Post 3173, 805 East Sycamore. (Emil F. Nelsen, applicant) MOTION CARRIED. 78-418 City Hall~. Anaheim~ California - COUNCIL MINUTES - April 11, 1978~ 1:30 P.M. CONSENT CALENDAR ITEMS: Councilman Kott offered Resolution Nos. 78R-227 through 78R-229, both inclusive, for adoption in accordance with the reports, recommenda- tions and certifications furnished each Council Member and as listed on the Consent Calendar Agenda. Refer to Resolution Book. RESOLUTION NO. 78R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS OF EASEMENT AND ORDERING THEIR RECORDATION. (Warren D. Hancock, et al; Barbara A. Sutherland; William Ralph Chance et ux; Theodore L. Payne, et ux.) ' RESOLUTION NO. 78R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CON- STRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: LEMON STREET SEWER IMPROVEMENT, S/O LIBERTY AVENUE, IN THE CITY OF ANAHEIM, ACCOUNT NO. 11-4309-720- 16-0000; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFICATIONS, ETC.; AND AUTHORIZ- ING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened May 11, 1978, 2:00 P.M.) RESOLUTION NO. 78R-229: 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: FURNISHING AND INSTALLATION OF REFLECTORIZED SIGNS FOR BICYCLE LANES ON LINCOLN AVENUE FROM SUNKIST TO EAST CITY LIMITS AND ON SUNKIST FROM BALL ROAD TO LINCOLN AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 875. (Smith Electric Supply) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom None None The Mayor declared Resolution Nos. 78R-227 through 78R-229 both inclusive, duly passed and adopted. ' 148: NOMINEE TO THE ORANGE COUNTY SENIOR CITIZENS COUNCIL: Councilwoman Kaywood stated that the League of Cities asked for nominees to serve as an alternate to the Orange County Senior Citizens Council. She thereupon offered the name of Mr. Irving Willing, who offered to serve. The need was for someone who could devote a great deal of time to the Council, which was the problem relative to turnover in the past. On motion by Councilwoman Kaywood, seconded by Councilman Seymour, Mr. Irving Willing was named as a nominee to serve as an alternate'to the Orange County Senior Citizens Council. MOTION CARRIED. 114: PERSONAL COMMENTS R~LATIVE TO MAYOR THOM: Councilman Kott requested a few moments to address the Council and Chamber audience to express some of his thoughts, since this was the last Council meeting in which Mayor W. J. Bill Thom would be involved in its decision making. He was privileged to ~be a Councilman and to have served with the Mayor, who he found to be a man of immense integrity, deep com- passion and total honesty. He has been an ally on many occasions because he found 78-419 ~.ity Hall~ Anaheim~ California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. the Mayor's philosophies, like his, to be more conservative than many others of the same or opposing political persuasion. If they differed at times on opinions or issues, they were honest differences and they went their respective ways, regardless of the perspective. Councilman Kott continued that he would personally miss the Mayor and wished him well in whatever future path he chose, and he could not help but feel that Anaheim and many of its citizens would experience a loss. There were claims made by some as to how they were going to improve services and strengthen the Police Department while, at the same time, keep the budget down. Those services, however, required more money and not less, and to promise both was a hypocrisy. The Mayor, in his opinion, took a realistic approach. He could not find fault with an individual who had a great deal of candor, whether he agreed with him or not, and who, perhaps, had one or two failings. Apparently, he was judged on whatever the failings were, thus overlooking all the good points. He took issue with that type of philosophy and reiterated he believed it to be hypocritical. He again thanked the Mayor for his service to the citizens of Anaheim. OPPOSITION TO PANAMA CANAL TREATIES 1 AND 2: Councilman Kott invited Mr. Jim Townsend to speak relative to his request to do so. Mr. Jim Townsend, 808 North Pine, explained that he was appearing before the Council as the National Chairman of the "Save the Panama Canal Club". Next week, the United States Senate was going to vote on the Panama Canal Treaties, the outcome of which could affect everyone in the City of ;~naheim and in the State of California because, if anything happened relative to the control of the Canal precluding the passage of vessels through it, or if for any political reasons it was blocked, food prices and other commodities would rise a great deal. He believed that the Council was aware of the debate going on at present regard- ing the treaties, and of the fact that polls showed approximately 85% of the people of the United States were in favor of retaining the Canal. He, therefore, requested that the Council pass a simple resolution opposing the giveaway of the Panama Canal and asking California's two United States Senators to vote in favor of keeping the Canal. Councilman Roth was'in wholehearted agreement with the request and, thereupon, offered Resolution No. 78R-230, opposing Panama Canal Treaties 1 and 2. Councilwoman Kaywood recalled that earlier in the meeting there was a discussion relative to not acting on an issue without first having time to evaluate it along with staff reports. Thus, she believed the proposed resolution to be out of order. Councilman Roth did not believe it to be so because of the extensive notoriety the subject had been given in the media. He considered that his legislators in Washington, D.C., were out of step of the rank and file of Anaheim citizens. He was sorry that they had not placed the item on the City ballot so that people could have cast their vote, which would have revealed 10:1 that the conservative people in the City of Anaheim wanted to retain the Canal. He was appalled by the action of the California Senators in thus far.supporting the treaties. .~ity Hall, Anaheim~ California - COUNCIL MINUTES - April 11~ 1978~ 1:30 P.M. 78-420 Councilman Kott stated that in deference to Councilwoman Kaywood, his prior state- ment and commitment in wanting to have staff reports related specifically to the expenditure of public funds. When an individual made a presentation to the Council asking for a resolution on an item such as that presented, which did not involve the expenditure of funds, he found nothing wrong in so doing and the issue was very prominent, as pointed out by Councilman Roth. Councilman Seymour stated that he did not need a staff report to inform him as to his feelings about the issue, and he was most supportive of the proposed resolution. He explained that he had the privilege on personal business to travel through the Panama Canal late last Fall. During that trip, he had the opportunity to personally discuss the Panama Canal on a one-to-one basis with some of the American officials responsible for maintaining and managing the Canal. He also had the opportunity, firsthand, to witness the type of unstable and almost revolutionary government existing in Panama, as well as to discuss and investigate the history of the Canal. Prior to his visit, he was of the opinion that perhaps Washington knew better than he relative to the treaty. After his visit, however, there was no doubt in his mind that to give away rights for which the United States paid such a great price financially, as well as with its citizens' lives, in order to establish what existed there today, would be a disgrace to the country. Thus, he had no problem in supporting the resolution. Mayor Thom stated that particularly Councilman Kott and Mr. Townsend were very close to him, and he agreed with them on most issues, but he did not agree with them on the Panama Canal. He was going to support the administration, particu- larly with the caveat and amendment ratifying the treaties, which led him to feel confident that his rights were personally protected. Refer to Resolution Book. RESOLUTION NO. 78R-230: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM URGING UNITED STATES SENATORS ALAN D. CRANSTON AND H. I. HAYAKAWA TO VOTE AGAINST THE PROPOSED PANAMA CANAL TREATY TWO WHEN IT IS coNSIDERED BY THE UNITED STATES SENATE. Roll Call Vote: AYES: COUNCIL MEMBERS: Seymour, Kott and Roth NOES: COUNCIL MEMBERS: Thom ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 78R-230 duly passed and adopted. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Kott seconded the motion. MOTION CARRIED. Adjourned: 2:27 P.M. LINDA D. ROBERTS, CITY CLERK