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1987/07/21- 227 City Hall~ Anaheim, California - COUNCIL MINUTES - July 21~ 1987, 10:00 A.M. The City Council of the City of Anaheim met adjourned in regular session (of July 14, 1987). PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay ABSER~: COUNCIL MEMBEES: None PRESENT: CITY MANAGER: William 0. Talley CITY ATTORNEY: Jack White CITY CI~RK: Leonora N. Sohl PROGRAM DEVELOPMENT & AUDIT MANAGER: Eon Rothchilds HUMAN RESOURCES DIRECTOR: Garry McRae CHIEF OF POLICE: Jimmie Kennedy FIRE CHIEF: Jeff Bowman CITY ENGINEER: Gary E. Johnson ASSISTANT GENERAL MANAGER - POWER RESOURCES: Dale Pohlman EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING: Norman J. Priest DIRECTOR OF MAINTENANCE: John Roche A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on July 17, 1987 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of July 14, 1987 to order at 10:18 a.m. on July 21, 1987. 106: SUMMARY OF AMENDMENTS TO THE 1987/88 AND 1988/89 RESOURCE AT.LOCATION PLAN MADE AT LAST BUDGET SESSION: For Council's information Mayor Bay verb-lly s,,mm-rized the actions taken on July 7, 1987 to balance the 4.2 million dollar .deficit, noting that the only real reductions madewere the ~100,000 reduced in Travel and Meeting Expenses and Training Seminars, and the 35,800 in the City Manager's Operational Program. He noted that they had also added 3695,000 in additional projected sales tax reven~e', as well as additional funds anticipated from land sales. He further noted that the Council's real problem 1/es in the third year of Certificates of Participation payments for Police 2000 when they increase to $3 million per year. It is his feeling that the entire Councilwishes to do everything they can to implement Police 2000, and the first step is to figure out how to pay for the capital improvements portion. Mayor Bay noted that the additional 21 to be gained from the transient occupancy tax increase, which wouXd amount to 2-1/2 million dollars for 1987/88 and 3.2 million for 1988/89 has not been allocated, but it is the consensus of the Council that the Betterment III program at the Convention Center will go forward, and these funds are for the debt payment on that capital improvement. Mayor Bay s,,~arized that he strongly felt the Councilshould first solve the problem of the payments for the capital improvement portion of Police 2000 and 674 Cit7 Hall, Anaheim~ California - COUNCIL MINUTES - Jul7 21~ 1987; 10:00 A.M. from that point work to find what is needed for personnel in Police 2000, since the latter is a recurrent cost. 156: PROPOSED 44 ADDITIONAL POSITIONS IN THE POLICE DEPARTMENT:(Agenda Item 10) Councilman Bunter stated ne would like to go forward with those Police positions which are not funded out of the General Fund, but which are supported by the Narcotics Forfeiture fund and other grant funds. In response to Councilman Hunter's question, Mr. Talley explained that the grants are for 3 year periods, and although it is assumed that the City will continue with the position, the Council is not obligated to in any way. The Cost for the nine positions under consideration at the time the City would take on the cost (3 years hence) would be $900,000. MOTION: Councilman Hunter offered a motion that the Council authorize the recruitment and filling of the following Police positions: Two Police Officers - Administrative Division One Volunteer Coordinator - Administrative Division One Police Sergeant - VNCI, and Five Police Officers - VNCI. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 156: REVENUE STEEAMPROPOSAL FOR POLICE 2000: Councilwoman Kaywood referred to her recent experience at the Chamoer of Commerce Planning Conference, at which they spent considerable time and effort to assure they had an equitable method to administer dues w~ich could be increased to cover costs. Councilwoman Kaywood saw the business license fee proposal as an analagous situation. She noted that no changes had been made in the City's Business License fee for 29_ years and this could no longer be considered the "fair shar~' of the business co~m~nity ....... · .............. Councilman Pickler noted that every City surrounding Anaheim had increased business license fees, to the point that Santa Ana now-cbllects SS million dollars more than Anaheim. In response to Councilman Ehrle, Mr. Talley explained that the Chamber had a Task Force which reviewed the initial study (which was revenue neutral and based on improving the equity of the taxes) and concurred with it, but had concerns over the second version and more specifically about the proyisions for audit by the City. Councllwoman Kaywood also noted that the City Council had Previously discussed placing an item on the ballot to ask the citizens whether they would pay an additional amount in taxes to have Police 2000. She commented that the average homeowner now pays only 3189.00 per year for all of the services provided by the City. In further discussion, City Attorney Jack White explained that it was his opinion that the Council has the ability, as this is a Charter City, to raise taxes without going to the voters at all. However if the revenue in a ballot measure is designated for a specific purpose, then it would require a 2/3 majority to pass the issue. Mr. White suggested the Council could as an alternative, place the item on the ballot as an advisory issue. 675 225 City Hall~ Anaheim, CalifOrnia - COUNCIL MINUTES - July 21, 1987~ 10:00 A.M. Council discussion ensued relative to the various ways the issue might be placed on the ballot. Council Members generally agreed that the voter should absolutely know exactly what he is voting for or against, even if that meant the issue would require a 2/3 vote to pass. MOTION: At the conclusion of discussion, Councilwoman Kaywood move~ that staf£ be directed to prepare a notice calling for a ballot measure to be placed on the November 1987 ballot, proposing a tax increase to fund the Police 2000 Program and the Public Safety Package. Councilmember Ehrle seconded the motion. MOTION CARRIED. 165/150/114: COUNCIL POLICY NO. 701 SIDEWALK REPAIR AND PARKWAY TREES: Submitted for Council approval at this time was Council Policy No. 701 pertaining to Sidewalk and Parkway Trees, as reworded at the request of Mayor Bay; an ordinance amending Chapter 12.29 of the Code Which pertains to parkway trees and sidewalk repairs (a resolution to establish service charges will be presented for adoption together with the adoption of the above ordinance). City Attorney Jack White explained that the way the Policy in question (701) is worded, the work to be performed would be done at the property owner's expense. MOTION: On motion by Mayor Bay, seconded by Councilman Pickler, the City Council approved and adopted Council Policy No. 701 as revised. MOTION Mayor Bay offered Ordinance No. 4854 for introduction. ORDINANCE NO. 4854: ....... AN ORDINANCE OF THE CITY 0FANAHEIMADDING CHAPTER12.29 TO TITLE 12 OF THE ANAHEIM MUNICIPAL CODE RELATINC TO SIDEWALKS. 106/153: RESOLUTIONS ESTABLISHING THE MANAGEMENT PAY P-~kN FOR EXECUTIVE, ADMINISTRATIVE/MIDDLE MANAG~hENT SUPERVISORY AND PROFESSIONAL AND TECHNICAL CLASSIFICATIONS; AND ESTABLISHING THE MERIT POOL: (Previously items P-1 through S on the agenda) On motion by Mayor Bay, seconded by Councilman Hunter these items were continued to the next E.A.P. workshop to be conducted July 28, 1987 at 10:00 a.m. To this motion Councilwoman Kaywood voted No. MOTION CARRIED. 106/153: AUTHORIZATIONS TO HIRE ADDITIONAL JOB CLASSIFICATIONS: (Previously items a 1-7 and 10 on the agenda) On mo~ion by Mayor Bay, seconded by Councilman Hunter these items were continued to the next E.A.P. workshop to be conducted on July 28, 1987 at 10:00 a.m. To this motion Councilwoman Kaywood voted No. MOTION CAREIED. ADJOURNMENT: On motion by Mayor Bay, seconded by Councilman Hunter, the 10:00 a.m. adjourned regular meeting of July 14, 1987 was adjourned. MOTION CARRIED. (11:52 a.m.) lflZONOKA N. SOHL, CITY CT.~PJ~ 676 101 City Hall~ Anaheim, California - COUNCIL MINUTES - July 21, 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRE SENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay ~ COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING: Norman J. Priest DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES: Chris Jarvi CITY ENGINEER: Gary E. Johnson TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti CIVIL ENGINEER - OFFICE: Jay Titus PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt FINANCE DIRECTOR: George Ferrone PARK SUPERINTENDENT: Jack Kudron PARK PLANNER: Richard Mayer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on July 17, 1987 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, 46-96-59. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilman Bay moved to recess into Closed Session. Councilman Ehrle seconded the motion. MOTION CARRIED. (12:05 p.m.) AFTER P. ECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman Ehrle, and welcomed those in attendance to the Council meeting. (1:49 p.m.) INVOCATION: Reverend Louis Rohrs, Trinity United Methodist Church, gave the Invocation. 677 102 City Hall, Anaheim, California - C0~NCIL MINUTES - July 21~ 1987~ 1:30 P.M. FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - POLICE OLYMPICS MEDALIST WINNERS: Chief of Police Jimmie Kennedy introduced 34 Anaheim Police Officers who competed in the 21st California State Police Olympics Games in June 1987, and came away with a total of 43 gold, silver and bronze medals. These officers trained for and competed in the event on their own time and at their own expense; and Anaheim Police Department personnel have been involved in this competition since 1971. 119: EXPRESSION OF SPECIAL RECOGNITION: An Expression of Special Recognition was unanimously adopted by the City Council and presented to 16-year old Osiris Rodriguez, for her prompt action in administering cardio-pulmonary rescusitation to a 14 year-old boy when he nearly drowned in a swtmm~ng pool. 119: EXPRESSION OF APPRECIATION: An Expression of Appreciation was unanimously adopted by the City Gouncil and presented to Gladys Wallace, Chairman of the Handicapped Access Committee of Anaheim, for the hours of dedication and assistance to the City by herself and members of the committee. Chairman Wallace then presented a check from her committee for ~340.26 to Mrs. Jacqueline Terrell, to be used in Anaheim Park and Recreation's Community Therapeutic Program. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,308,232.71, in accoxdance with the 1987-88 Budget, were approved. 179: REQUEST FOR REHEARING - CONDITIONAL USE PERMIT NO. 2888: Submitted by Anaheim Hills Citizens Coalition, requesting a rehearing for conditional Use Permit No. 2888, to permit a church on RS-HS-22,000 (SC) zoned property located at 441 Fairmont Boulevard, with Code waiver of maximum structural height, granted by Council on April 21, 1987. This matter was continued from the meeting of July 7, 1987, to this date. Because of possible conflict of interest, Councilman Hunter excused himself from discussion and action on this rehearing request. Mr. Robert Zemel, Chairman of the Anaheim Hills Citizens Coalition, 7330 Stonecreek Lane, Anaheim, advised that seven homeowner associations in the Anaheim Hills area were represented by the Coalition. While they are not opposed to construction of churches, they were opposed to the development of a church in such a pristine area; and they felt spending time on an additional hearing would be more appropriate than the filing of a lawsuit. In their opinion, a Negative Declaration as approved on April 21, 1987, was inappropriate for the site, due to the traffic that would be generated, landslide potential, and the fact that archeological concerns were not addressed; Scenic Corridor Zone requirements had not been met, trees were not being protected, and they felt an Environmental Impact Report was essential. The church would be using this proposed facility as a central meeting place 678 99 City Hall~ Anaheim, California - COUNCIL MINUTES - July 21, 1987~ 1:30 P.M. for all Latter-Day Saints churches in the area, not Just for a "double stake", as represented. The General Plan does not permit this type of development. Mr. Gary Baum, of Ball, Hunt, Hart, Brown and Baerwitz, attorneys representing the Coalition of homeowners, stated that although they were in favor of the Latter-Day Saints Church, they were also in favor of a fair hearing. They felt that the resolution adopted by the City Council on April 21, 1987, was defective in that it did not list the Negative Declaration in accordance with Anaheim Municipal Code Section 18.03.084 and it was not mailed within 10 days after the hearing. The proposed development would use a very large share of the acreage on the site, and in his opinion, an Environmental Impact Report should be required. He pointed out that the Homeowners Coalition had sent the applicants a list of alternate sites for the church, and in response, they received a letter which labeled their action "harassment"; therefore, the Coalition was requesting a rehearing. In response to questions by the Council, Mr. Robert Zemel returned to advise that a lawsuit had been filed to protect the interests of the Anaheim Hills Citizens Coalition; it was necessary to direct a Writ of Mandamus to the City, although the real party of interest was the Latter-Day Saints Church. The homeowners would like to see subject property developed for one-half acre hillside homes, taking Fairmont Street into account and providing a full Environmental Impact Report. Mr. Floyd L. Farano, Farano & Kieviet, attorney representing the applicants, addressed the Council in rebuttal advising that in granting the permit for the church, all findings were made by the City Council; evidence was offered during the public hearings by the Latter-Day Saints Church as required; twelve witnesses appeared for the opposition at the first hearing, eight at the second and eleven at the third, each of whom had the opportunity to speak as long as he wished. Six exhibits were displayed and two expert witnesses introduced to cover traffic and environmental impact issues. After reviewing the minutes and taped record of the three meetings, it was his opinion that the hearings were fair; all evidence was carefully considered, and there were no grounds for a rehearing. Each of the items mentioned today by the opponents was discussed at the public hearin~s, and the Environmental Impact Negative Declaration was in compliance with the requirements of the State of California. Mr. Gary Baum stated that a number of the homeowners had been unable to gain access to the Council Chambers in order to be heard at the hearings. The traffic study data presented was from the year 1985, and he reiterated his previous statement on issues that were not discussed at the hearing. He pointed out that his firm had come into the matter late and the homeowners had been ill-prepared. Mr. Farano noted that all testimony had been weighed and findings made in accordance with Code. To grant a request for another hearing because the opponents feel they were ill-prepared would not be appropriate. Council discussion ensued, and in answer to question by Councilman Ehrle, City Attorney Jack White stated that the City Council was not legally bound to 679 100 City Hall, ~naheim~ C~lifornia - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. grant a rehearing. Based on the request made and the information received, he suggested that staff be directed to prepare an amendment to the resolution granting Conditional Use Permit No. 2888 to reflect more information and close the gap between the evidence and the conclusionary action. By general' consent, the City Attorney was instructed to prepare the amendment to the resolution, as suggested. Councilman Ehrle stated that he had not yet been elected to Council when the public hearings were held on subject permit; that he had made a commitment during his campaign to always vote his conscience and his own mind, and after reviewing all the information available, including a great deal of correspondence, he was opposed to a rehearing and felt a proper use of subject property was a church. The developers indicated 60% of the property would retain the rural appearance as well as shield the structures. He was of the opinion that the hearings had been fair and the neighbors given the same opportunity to present their position as the proponents, however the issue was appropriate use of the land. Councilwoman Kaywood expressed appreciation of the caliber of the telephone calls and mail she had received concerning this issue. The question was, if a rehearing were granted and the resulting decision the same as before, would the litigation prevail. In her opinion it would, and nothing she had heard would alter her original decision. She felt that the proposed church would be the least amount of impact on the area and many of the conditions imposed in the Council's action were very protective of neighboring properties. Councilman Pickler stated he had metwith representatives of both sides and he realized the importance of the needs and desires of property owners. He had visited several Latter-Day Saints churches; these were well-maintained and attractive facilities. All areas of concern had been considered by the City Council and he was confident that when the church was completed they would be good neighbors. In response to Council questioning, Hr. White stated that the amendment to the resolution granting Conditional Use Permit No. 2888 would be prepared, executed and distributed in the same manner as the first resolution. At the conclusion of the discussion, Councilman Bay moved that the request for rehearing on Conditional Use Permit No. 2888 be denied. Councilman Pickler seconded the motion. Councilman Hunter was temporarily absent. HOTION CARRIED. RECESS: By general consent, the City Council recessed. (3:03 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:20 p.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 87R-309 through 87R-312, both inclusive, for adoption. Refer to Resolution Book. 680 City Hall~ Anaheim, California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. 1. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Alan Patrick Garza & Automobile Club of Southern California (c/o Gilbert, Kelly, Crowley & Jannett Nexus Financial Center) for equitable apportionment and indemnity for damages sustained purportedly due to actions of the City on or about March 2, 1987. b. Claim submitted by William Krueger, dba Showcase Homes (c/o Cummings & Kemp, APC) for apportionment of fault, indemnification and declaratory relief for damages sustained purportedly due to actions of the City on or about May 6, 1986. c. Claim submitted by James Patrick Jones & Edward Francis Jones, Jr. for bodily injury sustained purportedly due to actions of the City on or about October 11, 1986. Application for Leave to Present Late Claim - Recommended to be Denied: d. Claim submitted by Raymundo Edwardo Barros Fonseca, Insured, for property damage sustained purportedly due to actions of the City on or about December 27, 1986. 2. Receiving and filing the following correspondence: (on file) a. 107: Planning Department, Building Division Report--June 1987. b. 107: Community Redevelopment Commission, Minutes of June 24 and July 1, 1987. c. 105: Senior Citizens Commission, Minutes of June 11, 1987. d. 105: Community Services Board, Minutes of June 11, 1987. e. 105: Public Utilities Board, Minutes of May 29 and June 8, 1987. 3, 177/123: Authorlziu8 a Disposttiou and Development Agreement with the Housing Authority and Chevy Chase Partners, dba Park Vista Apartments, to provide for the acquisition and rehabilitation of the existing rental housing units. 4. 179: Granting an extension of time for Variance No. 3561, to permit the expansion of an existing industrial building on property located'at 3941-3969 East La Palma Avenue, to expire August 5, 1988. Zoning Administrator, Annika Santalahti, clarified that Condition No. 6 of Resolution No. 86R-362 granting said Variance would have to be met prior to issuance of a Building Permit. This condition required payment of a major thoroughfare and bridge fee towards the Foothill/Eastern Transportation Corridor. 681 98 Ctt7 Hall, Anaheim, California - COUNCIL MINUTES - July 21, 1987~ 1:30 P.M. 5. 123: Approving the Declaration of Covenants by Anaheim Memorial Manor, Inc, for the proposed Senior Citizen Housing on Redevelopment Parcel lld of Project Alpha, Angeliua Hotel site, and authorizing the Mayor and CitM, Clerk to execute said document. 6. 148: Authorizing the Mayor to send a letter to South Coast Air Quality Management District representatives urging delay of consideration of proposed SCAQMD Rules 223 and 1401, pertaining to air quality impact analysis and to new source review of known and suspected carcinogenic air contaminants, respectively, until completion of certain related studies. 7. 123: Authorizing an Affordable Development Agreement with Victor Vazquez and John C. Tsao to provide 2 affordable units in a proposed 14-unlt multi-family apartment project to be located at 302 and 306 East Broadway. 8. 160: Authorizing the Purchasing Agent to issue a purchase order for the installation of field upgrade equipment for the Hewlett Packard Mini-Computer in an amount not to exceed ~22,271.?0. 9. 160: Authorizing the Purchasing Agent to issue a change order to Ted Case Painting for an additional amount of $4,980 for a new total of $111,085 for repainting structural steel at Anaheim Stadium. 10. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $223,?92.50 for five each 150 KVA, ten each 225 KVA, ten each 500 KVA and five each 750 KVA three phase padmount transformers, in accordance with Bid No. A-4466. 11. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in an amount not to exceed $51,509.64 for approximately 5,200 feet of 15 KV 1000 KCMIL power cable, in accordance with Bid No. A-4462. 12. 169: RESOLUTION NO. 87R-309: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIMFINALLY ACCEPTING THE COMPLETION OF A CERTAIN PUBLIC WORK. (SULLY-MILLER CONTRACTING COMPANY) (Accepting the completion of construction of the Gilbert Street Street Improvement, west side 800 feet north of to 200 feet north of Lincoln Avenue, Account Nos. 17-792-6325-E2320 and ~1-4§4-6993-00710~ Sully-Miller Contractiug Company, and authorizing filing of the Notice of Completion therefor) 13. 153: RESOLUTION NO. 87R-310; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT REPR~SENTED BY THE ANAHEIMMUNICIPAL EMPLOYEES ASSOCIATION. (assigning the classification of Junior Buyer X1301, effective July 24, 1987) 14. 153: RESOLUTION NO. 87R-311: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RBSOLUTAON NO. 87R-82 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TI_ME JOB CLASSIFICATIONS. (revising the schedule number for Park Ranger to A0737, effective July 10, 1987) 682 95 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. 15. 153: RESOLUTION NO. 87R-312: A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0F ANAHEIM AMENDING RESOLUTION NO. 87R-287 NUNC PRO TUNC. (to correct the salary schedules for the classifications of Maintenance Locksmith,. Senior Cart Attendant and Equipment Operator I - Streets, effective April 18,"1986 and October 17, 1986) Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Resolution Nos. 87R-309 through 87R-312, both inclusive, duly passed and adopted. End of Consent Calendar. 128: MONTHLY FINANCIAL ANALYSIS: Financial Review for the City of Anaheim for the eleven month period ending May 31, 1987, was submitted. Councilwoman Kaywood referred to Page 3, Section II-A, which noted that the City Council was overexpened, primarily due to various unbudgeted expenditures including 5563,000 for public works construction related to the Anaheim Museum. She inquired how that occurred. City Manager William Talley reported that expenditures for the museum were originally placed in the Council Budget Program Center, however the Council later elected to authorize up to 5700,000 in expenditures for the conversion of the Carmegie Library building to house the museum from the Redevelopment program, less whatever amount of grant funds the City may receive from its application for the museum. Currently, the renovation project was budgeted neither from an expense nor a revenue standpoint in the general fund, but stafi had been directed to transfer that project to the Engineering Department and bring in a Budget amendment to raise both the project costs and revenues as a capital project, and also to reflect the reimbursement from the Redevelopment Agency. It was also noted that the bid for the museum renovation was lower than had been anticipated. 0m motion by Councilman Bay, seconded by Councilman Pickler, Financial Review for the City of Anaheim covering the eleven-month period ending May 31, 1987, was approved. MOTION CARRIED. 123: AGREEMENT - KING OF CALIFORNIA: Recommendation by the City Engineer that the City Council authorize the Mayor and City Clerk to execute the parking agreement with King of California, Inc. to provide parking management for performances at Freedman Forum/Celebrity Theatre and authorize a notice of termination of the agreement with Kinney System, Inc. for parking management at Freedman Forum. The above was removed from the Consent Calendar Agenda by staff for discussion. City Attorney White reported that the current agreement requires the City to operate amd manage parking in connection with the theatre; the proposed action 683 City Hall, Anaheim~ California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. would amend the agreement to require management of the parking responsibility in conjunction with theatre performances. King of California, Inc., signed an amended contract earlier today with one change, adding a new Paragrap~No. 4 and renumbering Paragraphs 4 and 5 to 6, respectively. The lessee would have the responsibility to provide an endorsement to their comprehensive liability insurance policy providing for garage-keeper's legal liability in the amount of $500,000 which would also name the City of Anaheim, its officers, agents and employees as additional insured. It was recommended that this provision be added, as agreed to by King of California. On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, agreement with King of California, Inc., to provide parking management for performances at Freedman Forum/Celebrity Theatre was authorized as amended, and notice of termination of agreement with Kinney System, Inc. for parking management at Freedman Forum was also authorized. MOTION CARRIED. 123: AGRF. EMBNT - MICKEY THOMPSON ENTERTAINMENT GROUP (MTEG) - STADIUM MOTORSPORTS: Authorizing the Mayor and City Clerk to execute an agreement with M.T.E.G. (Mickey Thompson Entertainment Group) to produce all motorsports events at Anaheim Stadium on the January and February 1988 dates, memorandum dated July 16, 1987 recommended by the StadinmGeneral Manager, Bill Turner. It was noted that three proposals had been made for these events at the Stadium, and several persons had indicated a desire to address the Council. Mayor Bay announced that those who had an interest in this matter would be allowed to speak for a maximum of ten minutes each. Mr. William N. Lobel, of Lobel and Winter, attorneys, 4041 MacArthur Boulevard, Newport Beach, representing Supercross, Inc. (SXI), stated that Mr. Mike Goodwin was President of SXI and invented the sport of Supercross, which was sanctioned by the American Motorcyclists Association. Supercross consisted of a series of races over a six-month period, and the season's "crown Jewel" was the beginning event at Anaheim Stadium, which was televised on ESPN. This sport was supported by Suzuki, Yamaha, and others who spent millions of dollars every year underwriting their factory teams and paying the riders; they were the backbone of the sport and would not participate in an event which was not sanctioned by the American Motorcyclists Association (AHA). This sanction was absolutely essential to the City with respect to whom was to be awarded the event for 1988, and Hr. Go0dwin was the only promoter of motorsports events at Anaheim Stadium which brought the City national exposure for that sport. He had promoted over one hundred Supercross events, and started at Anaheim Stadium 12 years ago in 1975, selling out or nearly selling out the stadium in 10 of those 12 years; he held five of the top ten attendance records for the Stadium. In February 1987, Mr. Goodwin had been advised by the Stadium Manager that the January event had been well done; in fact the Stadium was sold out and approximately 2,000 people had to be turned away. Later, Supercross, Inc. was requested to submit a proposal for the 1988 event; they complied and then received a letter advising that all events for 1988 had been awarded to the Mlckey Thompson Entertainment Group. In reviewing Mr. Thompson's proposal, they found some serious discrepancies and at best, they felt the Thompson 684 City Hall~ Anaheim~ California - COUNCIL MINUTES - Jul7 21~ 1987~ 1:30 P.M. proposal was misleading. It was their contention that unless SXI promoted the 1988 competition, Anaheim Stadium would not have an AMA sanctioned event. Mr. Mickey Thompson, 53 Woodlyn Lane, Bradbury, California, addressed the Council stating that his group was in the process of applying for a AMA sanction and saw no reason why they should not receive it. He felt their event would match Mr. Goodwin's 10-year average, whether sanctioned by the AMA or not, and cited his past promotion of over 1,000 very successful events in the United States. He indicated that'his financial status was solid, and his group had been checked thoroughly by Anaheim Stadium management. Mr. Phil Bartenetti, 800 Wilshire Boulevard, Los Angeles, Attorney representing the Mickey Thompson Entertainment Group, addressed the Council advising that due to disputes over use of the Stadium, three promoters had been requested to furnish proposals, and a decision was made. In 1984, there had been a difference of opinion as to whether Mr. Goodwin's and Mr. Thompson's respective organizations had adhered to their agreement regarding which one would promote motorcycle competition and which would promote automobile competition. This dispute ended in litigation, and the Thompson group was the beneficiary of an award for breach of contract. He felt that examination of the facts would result in a favorable decision to authorize the agreement with Mr. Thompson. Mayor Bay asked if anyone was present representing PACE/SRO Promotions, Inc., the third party who had submitted a proposal; there was no response. Mr. William Turner, Stadium Manager, came forward to advise that staff had taken considerable time to review the three proposals received, and felt they had chosen the one which would give the stadium the best possible event and revenues now, and in the future, as recommended in their staff report. In response to Council questions, he felt that motor sports at Anaheim Stadium would sell well whether or not they were sanctioned by the American Motorcycle Association. All three promoters had submitted proposals, and while two of them submitted audited financial statements with their bids, SXI did not. He recommended that the City continue the procedure of requesting proposals for motor sports events in the future. At the conclusion of brief discussion by the City Council, Councilman Ehrle moved that the Mayor and City Clerk be authorized to execute an agreement with the Mickey Thompson Entertainment Group to produce all motor sports events at Anaheim Stadium for the January and February 1988 dates, subject to the following: 1) That the contractor guarantees a minimumattendance revenue equal to the average over the past 10 years, exclusive of any events where there was measurable rainfall and of any measurable rainfall during the 1988 event. 2) That the contractor would agree to defend and indemnify the City, its officers and employees, against any litigation which may be brought by any person or entity as a result of the award of this contract, provided that the contractor shall have the right to designate the attorney who shall be 685 94 City Hall, Anaheim, California - COUNCIL MINUTES - July 21, 1987~ 1:30 P.M. given the right to defend the City; but that the City would not be required to waive any conflict of interest. Councilman Hunter seconded the motion. Councilman Pickler voted "no" to this motion, being of the opinion that the Supercross has been good for the City of Anaheim, and he wanted to insure that the revenue would be there. MOTION CARRIED. 150: PARKS, RECREATION AND COMMUNITY SERVICES STRATEGIC PLAN: With the aid of a slide presentation, Christopher Jarvi, Director of Parks, Recreation and Community Services, described a Strategic Plan for use as guidelines in establishing priorities for the allocation of department resources, as set forth in his memorandum dated July 6, 1987, and attached 38-page Strategic PlanReport, prepared by the Planning Group. A Citizen Task Force of 22 members was established and, together with the Strategic Plan Committee of staff members, provided support and recommendations to the consultants who prepared the final report. At the conclusion of his presentation, Mr. Jarvi introduced Mr. Gene Grtgsby, the President of the Planning Group, who briefed the mechanics of obtaining the information and distilling various components into the final document presented. There was a very large amount of backup documentation for the process. One useful tool was the 1985 household survey of 754 residents throughout the City which assisted in determining who used parks and recreation facilities, who participated in programs and who was aware of activities provided by the department; also determining what attitudes people had about the quality of services, programs and fees; what was needed, what was lacking, and what needed improvement. Fifty-three percent of those surveyed had lived in the City for five or more years and 58% of those were park users. The most frequent users fell within the 18-24 age group and others were largely in the 65-plus group. City parks were rated extremely high in the survey, and Mr. Grigsby gave a brief summary of the scoring on the various facilities. The results indicated a need for more athletic facilities, picnic facilities, playgrounds, restrooms and security lighting, in that order. People indicated that the City should pay more attention to human services programs, such as those oriented towards senior citizens, children, housing, teens, substance abuse and crime prevention. Dividing the City into three areas, it was found that approximately one-third of the population resided in each section; however, dividing the citizens into groups such as the elderly, minority groups, etc., reflected a differen~ balance and in turn, that affected the needs projected for each area. Future growth indicated the majority of population increase would be in the east section, which would have an impact on the City's ability to meet the demands for services, facilities and human services activities. Mr. Grigsby felt that in the future, it would be necessary to address this increase in demand, and also the shift in the nature of the demand, given the changes in the population characteristics that would be occurring. Various sources of funding to meet these needs were suggested. During the discussion which followed, Councilman Ehrle inquired what was projected for additional community centers in the City. Mr. Jarvi responded 686 91 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. that there was a need for additional facilities in the east and west portions of the City, and the Trident Center would need to be replaced. He envisioned four large centers in the future, supported by a number of smaller ones; any projections would be limited by the availability of land. Councilman Bay pointed out that any strategic plan was limited by funding under priorities selected by the City Council. Concerning senior citizens, he felt there were a great many of the in Anaheim who could not be considered "needy", and perhaps services should be concentrated on those who were in need. Hr. Jarvi advised there were three basic groups of senior citizens: (1) The frail elderly for whom the department had a limited but important social companionship program administered at a low cost, with funding through United Way; (2) A second group of those who had a need for social interaction; and the senior center was focused on this group and those active elders helped themselves by running their own programs at the center provided by the City; (3) A third group which was comprised of those not interested in dealing with government programs, Councilman Bay then addressed landscaped medians, noting that one nearby city has been converting these into non-landscaped medians due to the costs of maintaining the landscaping. Although the planted areas were attractive, in his opinion they should receive a very low priority and the City should look into installing as few medians as possible, balancing any safety factor against possible problems caused for businesses along the routes as well as costs involved. Mr. Jarvi was of the opinion that these medians beautified the City and were important aspects of both aesthetics and economic development. Aesthetics were especially important in the commercial-recreational area of the City and he agreed that care should be taken in selecting median locations. Low maintenance plantings and drip irrigation were utilized by the department to cut down on costs and water usage. Finally, Councilman Bay addressed the issue of child care, which he felt was a social welfare program and he personally opposed it through City departments, beyond the specific funding provided by County, State and Federal agencies, restricted to the specific use of social welfare programs and as predetermined by the source of the funds. Mr. Jarvi replied that he was not suggesting that the City become involved in the provision of direct services, but he was attempting to find a way to encourage child care in the City, with the department acting as a facilitator, bringing people together to obtain solutions. He invited the Council to let him know if they felt the department's role should be refocused, and he intended to bring back to Council specific approaches with funding mechanisms. Councilwoman Kaywood pointed to the changes which had occurred in families today with mothers, not at home, many latchkey children, etc. She felt that if care were not provided, eventually many of these youngsters would become school dropouts, gang members, etc., and she felt preventive care was vital. Mr. Jarvi concurred, noting that one part-time person in a recreation program could prevent spending more money on another full-time police officer. 687 92 Cit~,~-ll, ~-.hetm~ California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. Councilman Pickler commented that the senior citizen volunteer programs returned more to the City than was given to them. The recreation area should be given as impressive an appearance as possible. He agreed that medians should be looked at individually to see if the need was imperative. He felt that monies put into the child care programs would be more than compensated by keepin~ youngsters out of Jail and in constructive activities. Councilman Bay restated his expressed view on social welfare programs. In addition, he felt that medians in the recreation area and on some major streets entering the City might have some value; however some which run through individual neighborhoods (such as one in Anaheim Shores) could be installed only at the request of that community, which could then assume the responsibility for the maintenance. Councilman Ehrle felt the medians added a great deal to the City, and since Anaheim was a tourist-oriented community, he would like to see some cooperative effort made to entice citizens to spruce up the neighborhoods in west and central Anaheim. Councilman Pickler commended the Strategic Plan Committee and the Task Force for an outstanding report, and indicated he wanted to see the City move forward as it had done in the past. Councilwoman Kaywood moved to approve the strategies developed in the plan as guidelines to establish priorities for the allocation of department resources. Councilman Ehrle seconded the motion. MOTION CARRIED. 123: AGREEMENT - ROGER MORRIS - INN AT THE PARK: MOTION: Councilwoman Kaywood moved to waive the provisions of the Brown Act finding that the need to act arose after the Council's printed agenda was posted. Councilman Pickler seconded the motion. MOTION CARRIED. On the recommendation of the City Engineer, and on motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the Mayor and City Clerk were authorized to execute an agreement with Roger Morris, Inn At The Park, to satisfy conditions of development for Variance no. 3566 (Condition No. 12, Resolution No. 86R-189). MOTION CARRIED. 108: RmPORT - WEST COAST CAB COMPANY APPLICATION: City Attorney White reported that the City Council had, at the meeting of July 7, 1987, referred the application by West Coast Cab Company to operate in the City of Anaheim to a Hearing Officer; and further, had offered the applicant and Yellow Cab Company of Northern Orange County, the primary party of opposition to the application, an opportunity to agree on a Hearing Officer by July 14, 1987. If the two parties had not agreed by that time, the City Council was to select a Hearing Officer to hear the case by reference. No agreement was reached, but the applicant had suggested that Judge Phil Petty of the Judiciary Arbitration Service would be acceptable; the Yellow Cab Company Counsel had suggested that Judge William Turkish, Hearing Officer for the Public Utilities Commission who also heard Civil Service matters by reference under contract to the City of Long Beach, would be acceptable. Mr. White thereupon recommended 688 89 City Hall~ Anaheim~ California - COUNCIL HINUTES - July 21, 1987~ 1:30 P.M. that Judge Turkish be appointed by the Council, due to his familiary with the issue of public convenience and necessity through his experience, and taking into consideration the costs of the hearing, which would be considerably less than charges of the Judiciary Arbitration Service. Mr. White further" recommended that the procedures to be utilized during the hearing would be basically the same as those the City Council would use, and that the Hearing Officer be allowed to set his own ground rules for the manner in which the hearimg would be conducted. Mr. Steven Silverstein, 2001 E. First Street, Santa Aha, attorney representing West Coast Cab Company, addressed the Council pointing out that the Council had, on July 1, 1987 referred them to the Judicial Arbitration Service, where they went to obtain the information as to what Judge would be available on what dates. That information was then provided to the opposing Council; however the other party took a different approach and the applicants were still experiencing a delay in having their application heard and approved, as had been the recommended by City staff. City Attorney White recalled that the Judicial Arbitration Service was used as an illustration of one source for a Hearing Officer, and he felt it was not the intention of the Council to restrict the selection to only one source. Further discussion was held, and concern was expressed that further delays could result if another arbitrator was sought. Mr. Floyd Farano, 100 So. Anaheim Blvd., Anaheim, attorney representing Yellow Cab Company of Northern Orange County, was present and reconfirmed that the opponents had agreed to pay the costs of the Hearing Officer for this matter. Councilwoman Kaywood moved that Judge William Turkish be approved as the Hearing Officer for the West Coast Cab Company application. Councilman Pickler seconded the motion. Further discussion was held concerning whether the Council should look for a third alternative Hearing Officer or follow the recommendations by the City Attorney. At the conclusion of the discussion, the motion was re-stated; Council Members Hunter and Ehrle voted "no' to the motion. MOTION CARRIED. On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the hearing on the West Coast Cab Company application was scheduled for ~onday, August 10, 1987 at 9:30 a.m. in the Sixth Floor Conference Room at the Anaheim Civic Center, 200 South Anaheim Blvd., Anaheim. To this motion, Councilman Bay voted 'no'. MOTION CARRIED. RECESS: Councilman Bay moved to recess to 7:00 p.m. for a dinner break. Councilman Hunter seconded the motion. MOTION CARRIED. (6:05 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Members Pickler and Kaywood. (7:15 p.m.) 689 9O Ctt~ Hall~ Anaheim~ California - COUNCIL MINUTES - Jul7 21~ 1987t 1:30 P.M. 179: REgUEST FOR REHEARING - VARIANCE NO. 3645: Request for a rehearing submitted by Norms Wu, Tainan Group, for Variance No. 3645, to construct a 21-unit apartment complex on property located at 527 North Magnolia Ayenue, with Code waiver of maximum site coverage, granted by Council on May 12, 1987. Mayor Bay asked if Norma Wu or her agent was present; there was no response. On motion by Councilman Bay, seconded by Councilman Hunter, the request for rehearin~ on Variance No. 3645 was denied. Council Members Pickler and Kaywood were absent. MOTIONCARR~ED. 179: REQUEST FOR A SECOND REHEARING - CONDITIONAL USE PERMIT NO. 2885: Request for a second rehearing submitted by Willy Sulzmann, for Conditional Use Permit No. 2885, to permit an automobile repair facility on ML zoned property located at 1884 So. Santa Cruz Street, with Code waiver of minimum number of parking spaces. The CUP was granted by the Hearing Officer subject to certain conditions. Mayor Bay asked if the applicant or his agent was present; there was no response. On motion by Councilman Bay, seconded by Councilman Hunter, request for a second rehearing on Conditional Use Permit No. 2885 was denied. Council Members Pickler and Kaywood were absent. MOTION CARRIED. 168/114: STREET NAME CHANGE - PORTION OF WEIR CANYON ROAD TO YORBALINDA BOULEVARD: Request was submitted by Mayor Irwin M. Fried, City of Yorba Linde, to rename that portion of Weir Canyon Road north of the 91-Freeway to Yorba Llnda Boulevard, in order to be consistent with the name of the balance of the road as it traverses ¥orba Linde. The request further stipulated that Yorba Linde would bear the cost of replacing signs along the 91-Freeway. Councilman Bay moved that the request be approved, subject to the condition that Yorba Linda pay all costs necessary for the change. Councilman Ehrle seconded the motion. Council Members Pickler and Kaywood were absent. MOTION 179: PROPOSED AMENDMENT TO MUNICIPAL CODE SECTION 18.04.080: On May 5, 1987, staff was requested to report on a possible amendment to Municipal Code Section 18.04.080 relating to street dedications and improvements to public streets, permitting developers to post bond in lieu of cash payments required to insure construction of necessary improvements at a future undetermined date. Council Members Pickler and Kaywood entered the Council Chambers. (7:25 p.m.) Councilman Ehrle stated he had received requests from two Planning C~tssioners for a continuance on this matter to allow them time to review and offer their recommendations. He thereupon moved that the proposed amendment to the Anaheim Municipal Code be referred to the City Plannin~ Commission for a report. Councilman Hunter seconded the motion. 690 87 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 21~ 1987~ 1:30 P.M. Discussion was held as to the nature of the report requested from the Plannin~ Commission, and City Attorney Whtte advised that the Commission, at their meeting of July 20, 1987, had a condition recommended by staff which related to this subject of substituting cash payment in lieu of current street' improvements. This was a requirement of the Municipal Code, even if it was not set out as a condition, and the Commission became concerned with the language; therefore, they were requesting to continue subject proposed amendment. Responding to questions posed by Council Members, Attorney White clarified that the proposed amendment before Council was to allow, in place of cash payments for street improvements in connection with building permits, a bond of indefinite term to be posted; when timing of ultimate improvements was determined, the obligor on the bond would be asked to make the full payment. If payment was not forthcoming, the City would install the improvements and seek reimbursement against the bond. Existing Code allowed cash payment in lieu of a bond or installment, when timing on the ultimate street improvements was unknown. In his opinion, problems could arise with bonds of indefinite nature when properties might be transferred in the interim and new owners would be responsible. City Engineer, Gary Johnson, expressed the opinion that any process dealing with lon&-term bonding or property liens would place the City at unnecessary risk, and would also generate additional staff work tn setting up bond tracking systems. He felt that the system currently in place was fair, placed the City at no risk and allowed developers to meet their obligation under the Code as well as providing flexibility for critical improvements where general resources were not able to accommodate them. Council Members Bay and Pickler expressed concern that small business people looking to expand their businesses find that they must pay many thousands of dollars in connection with building permits . . . perhaps more than the actual expansion would cost. This was a deterrent to new businesses as well. Mr. Johnson pointed out that the staff report recommending the amendment to Code suggested that the Council might make provision that the City Engineer could waive requirements for street improvements on minor alterations, or additions to existing structures; requirements for dedication would remain in force. He recommended that the in-lieu payment for future improvements be retained rather than providing for long-term faithful performance bonds. At the conclusion of the discussion, Councilman Ehrle re-stated his motion, that the proposed amendment to Section 18.08.080 of the Anaheim Hunicipal Code relating to dedications an improvements to public streets be continued for four weeks, staff to amend the proposed changes as discussed. Councilman Hunter seconded the motion. MOTION CARRIED. 105/142: ORDINANCE NO. 4855: Councilman Ehrle offered Ordinance No. 4855 for first reading. ORDINANCE NO. 4855: AN ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING THE ECONOMIC DEVELOPMENT BOARD, ENACTING PROVISIONS ~RL&TING THERETO, AND 691 88 City Hall, Anaheim, California - COUNCIL MINUTES - Jul7 21~ 1987~ 1:30 P.M. REPEALING SECTION 1.04.995 OF CHAPTEK 1.04 OF TITLE 1 OF THE ANAHEIHMUNIClPAL CODE. 175: POLICY - WATER UTILITY CAPITAL FINANCING PLAN: Determination of policy on the Water Utility Capital Financing Plan was continued from the meeting of July 14, 1987, for consideration by the entire Council membership. Mr. Gordon Hoyt, Utilities General Manager, noted the alternative financing provided in the staff report dated July ?, 1987, for necessary water utility financing over the next 25 years. The Public Utilities Board supported the departmental recommendation that a 414 million bond issue be placed on the November ballot, with 45 million to be sold rather quickly thereafter, and the additional 49 million to be sold at a later date. An alternative recommendation was to place a 45 million bond issue on the November ballot and increase water rates by approximately 10% in order to build up a reserve fund for capital improvements on a pay-as-you-go basis. The Department's plan would be more costly in interest over the years, and the rate impact would be higher, as shown in the staff report, Attachment A, Figure 2; rate increases would fall somewhere between six and eight percent over the next few years. By the other method, there would be an immediate rate increase with approximately 42 million a year being placed in a reserve fund for the Capital improvements. The water rates would be somewhat higher through 1997, as shown on Attachment A, Figure 2; however once the capital improvements are made, the need for retaining the surcharge should vanish and a rate decrease should be the result. Responding to questions posed by Council Members, Mr. Hoyt advised that under the alternative plan recommended by the Public Utilities Board, the 45 million bond would fall under the long-term maturity of 25 years, with water rates increasing by an average of approximately 10% through 1991. He continued to favor his departmental recommendation of placing the 414 million bond issue on the November ballot, believing that the general community would be happier with a relatively small, consistent increase as opposed to a rather large increase as well as paying more for water over the next five years. In addition, that recommended plan would allow those who use the facilities an opportunity to participate in payment therefor without placing all of the payment for long-life facilities on the current rate payers. Councilman Pickler moved that the $14 million bond issue be placed on the November ballot, as recommended by the Public Utilities staff, with 45 million of that issue to be sold first. Councilman Hunter seconded the motion. MOTION CAEXIED. 179: REVIEW OF ZONING ADMINISTRATOR'S DECISIONS: 1. ADMINISTRATIVE ADJUSTMENT NO. 87-03: Submitted by Future Patio, to construct a 150-square foot patio enclosure on property located at 2516 East Hilda Place, with Code waiver of maximum lot coverage. Annika Santalahti, Zoning Administrator, pursuant to Resolution No. ZA87-10, approved the Administrative Adjustment No. 87-03. The decision date was July 14, 1987. 692 85 City Hall~ Anaheim~ California - COUNCIL MINUTES - July 21~ 1987; 1:30 P.M. No action taken by Council on the above Zoning Administrator's decision. For informational purposes only. 153/142: ORDINANCE NO. 4853: Councilwoman Kaywood offered Ordinance 'No. 4853 for adoption. Refer to Resolution Book. ORDINANCE NO. 4853: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.06.120 AND REPEALING SECTION 1.06.140 OF CHAPTER 1.06 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO EMPLOYER-EMPLOYEE RELATIONS. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay None None The Mayor declared Ordinance No. 4853 duly passed and adopted. 153/116: CITY MANAGER EMPLOYMENT RELATIONSHIP: Councilman Ehrle moved that the City Manager's current employment relationship with the City be agendized for the next Council meeting, July 28, 1987. Councilman Bay seconded the motion. In response to question by Councilman Pickler, Attorney Jack White stated he saw no legal reason why the motion would not be proper. The City Charter provided that the City Manager's employment could not be terminated for ninety (90) days after any general election at which a member of the City Council had been elected, which in this instance, would be September. 9, 1987. The motion was re-stated; Councilwoman Kaywood voted "no~. MOTION CARRIED. RECESS - CLOSED SESSION: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the Council recessed into Closed Session. (8:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (9:55 p.m.) ADJOURNMENT: Councilman Bay moved to adjourn to Tuesday, July 28, 1987 at 10:00 a.m. Councilman Ehrle seconded the motion. MOTION CAKRIED. (9:56 p.m.) LEONOKAN. SOHL, CITY CLERK 693