1986/01/07City Ha]l~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT
ABSENT:
PRESENT
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY'ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
COMMUNITY SERVICES MANAGER: Steve Swain
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend Raymond Wade, Grace Lutheran Church, gave the Invocation.
FLAG SALUTE: Council Member E. Llewellyn Overholt, Jr. led the assembly in
the Pledge of Allegiance to the Flag.
119: INTRODUCTION OF DISNEYIAND AMBASSADOR: Mary Jones, Community Relations
Director of Disneyland introduced Miss Barbara Warren, the 1986 Dlsneyland
Ambassador.
Mayor Roth, on behalf of the Council and the City congratulated Miss Warren
and presented her with roses and the symbolic key to the City, a replica of
the big "A" at Anaheim Stadium. Each Council Member also personally welcomed
and congratulated Miss Warren.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
United Cerebral Palsy Days, January 18 and 19, 1986.
119: RESOLUTION OF CONDOLENCE: A Resolution of Condolence was unanimously
adopted by the City Council to be presented to the Family of Melbourne A.
Gauer, a long time "giver" to the community of Anaheim as noted by his many
years of public service and private endeavors for the benefit of others.
119: RATIFICATION OF RESOLUTION OF CONGRATULATIONS: A Resolution of
Congratulations was unanimously ratified by the City Council, which Resolution
was presented to Ray Auerbach on January 3, 1986, the City's Water Engineering
Manager, wishing him well in his new position as the Assistant General Manager
of the Capistrano Valley Water District. The Council was most appreciative of
Mr. Auerbach's past dedicated service to the City of Anaheim.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~5,809,475.12 for week
ending December 20, 1985, $5,863,062.78 for week ending December 27, 1985 and
$3,347,902.99 for week ending January 3, 1986 in accordance with the 1985-86
Budget, were approved.
City Ma!]~ A-ahmim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
CITY HANAGER/DEPARTMENTAL CONSENT CAT.~NDAR: On motion by Councilman Roth,
seconded by Councilman Overholt, the following items were approved in
accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar; Councilman Roth offered
Resolution Nos. 86R-001 through 86R-012, both inclusive, for adoption. Refer
to Resolution Book.
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 Lorraine P. Leisenfelder for personal injuries
sustained purportedly due to actions of the City on or about June 23, 1985.
b. Claim submitted by Shirley Michele Worostchuk for personal injuries
sustained purportedly due to actions of the City on or about June 22, 1985
through June 26, 1985.
c. Claim submitted by Caan Tyrone Castleberry for personal injuries
sustained purportedly due to actions of the City on or about June 22, 1985
through June 26, 1985.
d. Claim submitted by Cporah Jane Tiffany Craft for personal injuries
sustained purportedly due to actions of the City on or about June 22, 1985
through June 26, 1985.
e. Claim submitted by Mary Ellen Ledford for personal injuries sustained
purportedly due to actions of the City on or about August 15, 1985.
f. Claim submitted by Margaret T. Fowler for personal injuries sustained
purportedly due to actions of the City on or about June 17, 1985 through
August 22, 1985.
g. Claim submitted by Donna Marie Toozer for bodily injury and property
damage sustained purportedly due to actions of the City on or about October 7,
1985.
h. Claim submitted by Edgar E. Warren for property damage sustained
purportedly due to actions of the City on or about October 21, 1985.
i. Claim submitted by Loretta Muniz for property damage sustained
purportedly due to actions of the City on or about October 15, 1985.
J. Claim submitted by Louis Petti, Jr. for property damage sustained
purportedly due to actions of the City on or about September 13, 1985 through
September 27, 1985.
k. Claim submitted by Mrs. Willis L. Reeves for property damage sustained
purportedly due to actions of the City on or about October 14, 1985.
City Hall~ Anaheim, California - COUNCIL MINUTES - January 7~ 1986t 10:00 A.M.
1. Claim submitted by Southern California Gas Company (File
#R-173972-OSRWB for property damage sustained purportedly due to actions of
the City on or about October 14, 1985.
m. Claim submitted by James Cobleigh for property damage sustained
purportedly due to actions of the City on or about October 1, 1985.
n. Claim submitted by April Davie for bodily injury sustained purportedly
due to actions of the City on or about November 3, 1985.
2. Receiving and filing the following correspondence: (on file)
a. 107: Planning Department, Building Division--Monthly report for the
month of November 1985.
b. 105: Community Redevelopment Commission--Minutes of December 4, 1985.
c. 105: Community Services Board--Minutes of November 14, 1985.
d. 105: Public Utilities Board--Minutes of November 21, 1985.
e. 105: Senior Citizens Commission--Minutes of November 14, 1985.
f. 105: Golf Course Advisory Commission--Minutes of November 21, 1985.
3. 101/000: Authorizing an increase in Stadium parking fees for the 1986
Angels season parking to $3.00; the reserved season parking rate to ~300
(including 1986 exhibition games); the Stadium Club membership fee during
Angels home games to ~300; and establishing the number of reserved parking
books for sale at 2,750 books.
4. 123: Authorizing the First Amendment to A~reement with Comsul Ltd.~ in an
amount not to exceed $35,000, plus reimbursable travel expenses not to exceed
~5,000, to proceed with draft specifications and other related documents for a
telecommunications system for Anaheim Convention Center.
5. 164/155: Approving the Negative Declaration for the Broadway Street and
storm drain improvements from Euclid Avenue to Empire Street.
6. 153/106: Approving additional funds available for the City Employee
Computer Purchase Plan in the amount of $100,000 and allocating said amount
from the General Benefits Fund Reserve. (Councilman Bay voted no)
7. 109/152: Authorizing the City Manager to submit a grant application to
the California Office of Traffic Safety in the amount of ~60,000 to implement
a traffic control device inventory.
8. 123: Authorizing the Mayor to sign a letter agreement with PMWAssociates
for an amount not to exceed $5,000 to conduct an Assessment Center on January
9 and 10, 1986 for the position of Police Lieutenant.
City Hall~ A~mheim~ California - COUNCIL MINUTES - January 7~ 1986, 10:00 A.M.
9. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Tenant Company, in the amount of 541,397.24 for one
Tenant 550 SRS Scrubber for Anaheim Stadium.
10. 160: Accepting the low bid of Sylvania Lighting Services Corporation and
approving an agreement for re-lamping and related services at the Main Library
and the four branch libraries in the amount of $45,951.84 for the three year
period January 1, 1986 to December 31, 1988, in accordance with Bid No. 4255.
11. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $83,570.40 for 20 each
transformers, single phase subsurface U.R.D. switched, and 15 each
transformers, single phase subsurface U.R.D. unswitched, in accordance with
Bid No. A-4284.
12. 160: Accepting the iow bid of Lighting Distributors, Inc., in the amount
of ~29,327.88 for lighting fixtures and lamps, in accordance with Bid No. 4288.
13. 160: Accepting the low bid and approving an agreement with City Window
Cleaners and Building Maintenance in the amount of 579,146, subject to price
changes in year 2 and 3, but limited to the Consumer Price Index, for window
cleaning for the City at various locations, for the three year period January
1, 1986 through December 31, 1988, in accordance with Bid No. 4298.
14. 160: Accepting the low bid of Floor Fashions, Inc., in the amount of
521,448.40 for installing floor tile in the Angel Locker Room, in accordance
with Bid No. 4299.
15. 135: Postponing for one week the award of contract for the construction
and completion of a public improvement, Irrigation Pumping System
Refurbishment at "Dad" Miller Golf Course, Account No. 24-312-7103.
16. 164: Postponing for one week the award of contract for the construction
and completion of a public improvement, Lincoln Avenue Sewer Improvement
Western Avenue to Westchester Drive, Account No. 11-790-6325-E0560.
17. 175: RESOLUTION NO. 86R-001: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIMREJECTINGALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE
18TH DAY OF DECEMBER, 1985, FOR THE BALL ROAD AND STATE COLLEGE BOULEVARD
PHASE I LARGE VALVE REPLACEMENT. (Account No. 52-606-6329-02842)
18. 164: RESOLUTION NO. 86R-002: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE WILLDANROADAND PLEASANT PLACE
SEWER IMPROVEMENT. (J.W.M. Engineering, Inc., in the amount of 559,220, for
Willdan Road--Pleasant Place Sewer Improvement, Account No. 11-790-6325-E0550)
19. 167: RESOLUTION NO. 86R-003: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE BALL ROAD CIRCULATION IMPROVEMENT
HESL060(003) (ACCOUNT NO. 49-794-6325-E4270) AND KATELLA/LEWIS SIGNAL
MODIFICATION HESL030(009), ACCOUNT NO. 49-795-6325-E5340. (Nobest, Inc., in
the amount of $260,379.93)
City Hall~ Anaheim~ California - COUNCIL MINUTES - Januar~ 7, 1986~ 10:00 A.M.
20. 158/123: RESOLUTION NO. 86R-004: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS AND PUBLIC IMPROVEMENTS AND
APPROVING THE TERMS OF ANAG~RRMENT WITH SOUTHERN PACIFIC TRANSPORTATION
COMPANY. (Accepting certain irrevocable offers of dedication of Sanderson
Avenue for street and public utility purposes and facilities as offered on
Parcel Map No. 83-251; and approving an indenture agreement with Southern
Pacific Transportation Company, RELMIS: BM-513.42-X(N), to permit extending
certain public facilities under the railroad right-of-way.)
21. 123: RESOLUTION NO. 86R-005: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SUPPT.RMENT TO AN
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (SUPPLEMENT
NO. 27 TO LOCAL AGENCY-STATE AGREEMENT NO. 07-5055) (Approving the terms and
conditions of Supplement No. 27 to Local Agency-State Agreement No. 07-5055
with the State of California Department of Transportation to provide for
funding of the 1985 Hazard Elimination Safety Project HES-000S (243), Federal
Aid Safety Funds in the amount of ~334,000 with City 10% match of $33,400, to
provide for signal modification and channelization improvements at
Katella/Haster, La Palma/Lemon, Harbor/0ran~ewood, East/Sycamore, and East/La
Palma intersections)
22. 153: RESOLUTION NO. 86R-006: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING SUBSECTION 17.93 OF SECTION 17.9 OF PERSONNEL RULE
17, SICK LEAVE AS SET FORTH IN RESOLUTION NO. 81R-151 AND RESOLUTION NO.
82R-591. (Amending Subsection 17.93 of Personnel Rule 17, Sick Leave, as set
forth in Resolution No. 812-151 and Resolution No. 82R-591, to provide that
confidential employees with more than 5 years service and age 50 or older may
withdraw from their Employee Sick Leave Trust Fund, effective January 7, 1986)
23. 153: RESOLUTION NO. 86R-007: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-428 WHICH ESTABLISHES RATES OF
COMPENSATION FOR CONFIDENTIAL JOB CLASSES. (effective October 4, 1985)
153: RESOLUTION NO. 86R-008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 85R-429 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME
EQUIVALENTS. (effective October 4, 1985)
24. 153: RESOLUTION NO. 86R-009: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-268 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY.
(creatin~ the classification of Maintenance Administrative Services
Supervisor, XSR05, effective January 10, 1986)
153: RESOLUTION NO. 86R-010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 85R-269 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT.
(deleting the classification of Maintenance Administrative Services
Coordinator and creating the classification of Data Processing Administrative
Services Coordinator, XSR04, effective January 10, 1986)
5
City Hall~ A--heim~ California - COUNCIL MINUTES - January 7; 1986~ 10:00 A.M.
153: RESOLUTION NO. 86R-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 85R-267 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS ADMINISTRATIVE MANAGEMENT. (deleting
the classification of Assistant Data Processing Director, effective
January 10, 1986)
26. 158: RESOLUTION NO. 86R-012: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
Roll Call Vote 86R-001 through 86R-012:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, 0verholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-001 through 86R-012, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
128: MONTHLY FINANCIAL ANALYSIS - 3 MONTH PERIOD ENDING SEPTEMBER 30~ 1985:
Receiving and filing the Monthly Financial Analysis for the three month period
ended September 30, 1985.
Councilman Bay posed questions and made comments regarding the subject
analysis asking first if the quarterly reports could be submitted within at
least one and a half months of the closing monthly period and noting the
report reflected revenues running approximately 57.5 million over the budget
estimate with expenditures running 51.5 million under estimate. If Council
agreed, sometime in January or the first week in February, he wanted staff to
review and present the City's financial position and if the City found itself
in the same overage condition, Council should consider accelerating capital
improvements that were needed in the City.
City Manager William Talley explained one of the reasons for the lateness of
the report was due to wrapping up the 1984/85 Fiscal Year and accomplishing
all the auditing work. There was also an unusual amount of time required of
City staff on the Audit Committee. He then explained the reasons the analysis
reflected an overage in revenues but also explained why, in the final
analysis, there was not going to be a major overage by the end of the year.
Any overage would be nothing close to ~9 million but closer to 51 million,
which could be devoted to infrastructure as suggested by Councilman Bay.
Councilman Bay felt that a mid-February review of the first half of the year
would enable the Council to see if it was possible to implement some of the
things the majority of the Council would like to see take place such as street
repair, storm drains, etc., anything that could be done without threatening
reserves on the unknowns that Council had to live with and as explained by the
City Manager.
City Manager Talley suggested the scheduling of a "snapshot" overview of the
City's financial picture in February on what staff felt the status would be
6
Cit7 Hall~ Anaheim~ California - COUNCIL MINIngs - January 7~ 1986~ 10:00 A.M.
not only for the last six months, but where the City was going to be for the
year. However, the optimum time to schedule such a review would be the third
week in March when the third sales tax payment would be in, especially since
that figure would reflect Christmas sales which accounted for 50 percent of
the yearly volume for some businesses. While such a "snapshot" could be
presented in four weeks, he would feel more comfortable knowing what the nine
month sales tax figure was going to be.
It was determined by general Council consensus that a review of the City's
financial position would be presented by staff on Tuesday, March 18, 1986.
105: PARK AND RECREATION COMMISSION REPRESENTATIVE - MAGNOLIA SCHOOL
DISTRICT: Councilwoman Kaywood moved to approve the recommendation of the
Magnolia School District Board of Trustees to appoint Richard K. Shimeall to
represent the District on the Park and Recreation Commission as recommended in
letter dated December 12, 1985 from Arch Haskins, District Superintendent of
schools and secretary to the governing Board of Magnolia School District.
Councilman Pickler seconded the motion. MOTION CARRIED.
105: PARK AND RECREATION COMMISSION REPRESENTATIVE - ANAHEIM CITY SCHOOL
DISTRICT: Councilman Pickler moved to approve the recommendation of the
Anaheim City School District Board of Education to appoint Albert Peraza to
the Park and Recreation Commission as recommended in letter dated December 11,
1985 from James D. Brier, Superintendent of the Anaheim City School District.
Councilman Bay seconded the motion. MOTION CARRIED.
143: ALTERNATE - COUNTY SANITATION DISTRICTS NOS. 2 AND 3: Councilman Roth
moved that Councilman Overholt continue to serve in his present capacity as
alternate on the Board of Directors of County Sanitation Districts Nos. 2 and
3. Councilman Pickler seconded the motion. MOTION CARRIED.
150/106: CONTRIBUTION TOWARDS FUNDING OF GERONTOLOGY CENTER - CALIFORNIA
STATE UNIVERSITY FULLER.TON: Determining a position on contributing funds
toward construction of a gerontology center at California State University,
Fullerton. This matter was continued from the meeting of December 10, 1985,
to this date. Submitted was informational report dated December 27, 1985 from
Chris Jarvi, Director of Parks, Recreation and Community Services.
Councilman Bay noted the subject report r, fl,et,d a non-supportiw position by
the Senior Citizens Club Executive Board and a slight recommendation for it
from the Senior Citizens Co-mission. Councilwoman Kaywood also noted the
strong recommendation for the proposed Gerontology Center from staff.
Mr. John Shanahan, Vice Chairman, Senior Citizens Commission, reported that at
the December meeting of the Commission, there was unanimous approval in favor
of the proposed Gerontology Center to a funding limit of $50,000. He did not
know why the action of the Commission was not relayed in the subject report
but it was reflected in the minutes of the Senior Citizen Commission meeting
of December, 1985.
Councilman Overholt asked to hear from the Community Services Manager on why
the Senior Citizen Club recommended against the proposal.
?
City Hall~ An-heim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
Steve Swaim, Community Services Manager, answered that the Club felt it was a
duplication of existing services presently established. However, staff was
still of the opinion that the development of the Center would give Anaheim an
exciting opportunity to participate in research on aging that otherwise would
not exist.
City Manager Talley then explained for the Mayor that relative to funding,
this was a request by the Gerontology Center, Cal State University Fullerton
directly to the Council. It was an unbudgeted amount but if Council acted
favorably, the Council could do one of three things - direct the City Manager
to find the money, allocate it from Council Contingency Funds, or request that
it be budgeted in 1986/87 as part of the Community Services Division budget.
Staff was looking for a policy declaration by the Council because the request
was very unusual, i.e., for a program on a university campus to be funded by
local governments.
MOTION: After additional discussion between Council Members and staff,
Councilman Roth moved to allocate $25,000 from the Council Contingency Fund as
the City's contribution toward construction of a Gerontology Center at Cal
State University Fullerton and that the balance of $25,000 of the $50,000
requested be considered in the 1986/87 budget. Councilwoman Kaywood seconded
the motion.
Before a vote was taken, Councilman Bay urged, if the Council felt free to
allocate $25,000, some portion should be a matching incentive to raise more
private funds in Anaheim.
A vote was then taken on the foregoing motion. Councilman Bay voted no.
MOTION CARRIED.
123/144: JOINT EXERCISE OF POWERS AGREEMENT-FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR: Request for withdrawal of consideration of an amendment to the
Joint Exercise of Powers Agreement-Foothill/Eastern Transportation Corridor.
This matter was continued from the meeting of November 26, 1985, to this
date. Submitted was report dated December 16, 1985 from the Community
Development/Planning Department recommending that the previously proposed
amendment be withdrawn.
Councilman Bay moved to withdraw the previous request to consider an amendment
to the Joint Exercise of Powers Agreement-Foothill/Eastern Transportation
Corridor as recommended in staff report dated December 16, 1985 for the
reasons outlined in that report. Councilman Pickler seconded the motion.
MOTION CARRIED.
148/103: VACANCY ON THE LOCAL AGENCY FORMATION COMMISSION (LAFC0): To
discuss a vacancy on the Orange County Local Agency Formation Commission This
matter was continued from the meeting of December 17, 1985, to this date.
Mayor Roth reported that there were five candidates for the subject position:
Richard Polls, Vice Mayor of La Palma, "Buck" Catlin, Mayor of Fullerton,
Irwin Fried, Mayor Pro Tem of Yorba Linda, Phil Schwartze, Mayor of San Juan
Capistrano, the existing alternate on LAFCO, and Evelyn Hart, Councilwoman,
8
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
Newport Beach. The Mayor noted if Mr. Schwartze was nominated and elected,
that would leave a vacancy relative to the alternate position.
Councilman Bay moved that Mayor Roth be directed to cast a vote at the League
of Cities meeting, January 9, 1986 for Phil Schwartze to fill the vacant
position on LAFC0. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Discussion then followed by Council Members relative to the remaining four
candidates, a concern being that representation should be from North Orange
County. Subsequently the following nominations were made; Councilman Pickler
nominated Evelyn Hart; Councilman Bay nominated Richard Polls; Councilman
Overholt nominated Buck Catlin.
MOTION: Councilman Roth moved to close nominations. Councilman Bay seconded
the motion. MOTION CARRIED.
A Roll Call Vote was then taken on the nominations for alternate to LAFC0 in
the order in which they were nominated.
Evelyn Hart: ayes - Kaywood, Pickler, Overholt, no - Bay and Roth.
Evelyn Hart was, therefore, nominated to be the City's choice for alternate on
LAFCO.
179: ORDINANCE NO. 4677: Councilman Pickler offered Ordinance No. 4677 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4677: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.04.080 OF THE ANAHEIM MUNICIPAL CODE ~RLATING TO REQUIRED IMPROVEMENTS.
(required improvements in public rights-of-way)
Roll Call Vote:
AYES'.
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4677 duly passed and adopted.
179: ORDINANCE NO. 4679: Councilwoman Kaywood offered Ordinance No. 4679 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4679: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE EE!ATING TO ZONING.
(Amending Title 18, Reclass. 85-86-10, CL, 2125 South Harbor Blvd.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
City ~,11~ An,he~m~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
The Mayor declared Ordinance No. 4679 duly passed and adopted.
179: ORDINANCE NO. 4680: Councilman Bay offered Ordinance No. 4680 for first
reading.
ORDINANCE NO. 4680: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
(Amending Title 18, Reclass. 83-84-30, CO, northwest corner of Broadway and
Clementine St)
101: FREEDOM BOWL: Council Members commented on the second annual and
successful Freedom Bowl which took place on Monday evening, December 30, 1985
at Anaheim Stadium when Washington played Colorado, Washington being
victorious. Mayor Roth stated in order to make the Freedom Bowl a continued
success in the future, it was necessary and imperative that corporations and
businesses in the community support this fine activity which had done so well
in only its first two years. To insure success for Freedom Bowl III would
require additional sponsorship by the business community and he urged such
support which would, in turn, bring many benefits to the Anaheim community.
RECESS: Mayor Roth announced that a Closed Session would be held to confer
with its attorney regarding:
a. Golden West Baseball vs. City of Anaheim; Craig vs. City of
Anaheim and Worker's Compensation Appeal Board/Public Employee
Retirement System case.
b. Pending litigation pursuant to Government Code Section 5495b.9B1.
c. To confer with the Chief of Police regarding matters of public
security.
Councilman Roth moved to recess into Closed Session and a lunch break.
Councilman Pickler seconded the motion. MOTION CARRIED. (11:10 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:30 p.m)
175/123:1986 WHOLESALE RATE SETTLEMENT WITH SOUTHERN CALIFORNIA ED!.SON:
Councilman KoCh moved to approve the 1986 Wtlolesale P~ate Settlement between
the Southern Californ/a Edison Company and its resale customers and
authorizing the Public Utilities General Manager to execute the agreement as
recommended in memorandum dated January 16, 1986 from the Public Utilities
General Manager Gordon Hoyt. Councilman Pickler seconded the motion. MOTION
CARRIED.
175/123: AGREEMENT WITH STATE FARM INSURANCE: Councilman Roth moved to
authorize an agreement between the City of Anaheim and State Farm Insurance.
Councilman Pickler seconded the motion. MOTION CARRIED.
10
City Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
142/162: NO SMOKING ORDINANCE: A proposed No Smoking Ordinance, adding new
Chapter 6.30 to the Code, relating to smokio~ in public places was submitted
for Council consideration. First Reading of this Ordinance was at the meeting
of December 17, 1985 and this matter was continued from the meetings of
November 12, November 26, and December 17, 1985, to this date (see minutes
those date). Submitted was staff report dated December 31, 1985 from the City
Attorney attached to which was a revised draft of the proposed ordinance
incorporating several changes.
Mayor Roth first stated he had talked to two large restaurant owners in
Anaheim and both indicated they were not aware of the hearing on the subject.
He (Roth) thought that the industry had been advised. He asked that those in
the Chamber audience who wished to speak to the issue do so at this time.
The following people spoke to the issue:
Dale Bonifield, 1030 North Magnolia, speaking as a resident of
Anaheim and a representative of the American Heart Association. He
encouraged the passage of a strict No Smoking Ordinance relating to
the work place, public buildings and restaurants.
Bill Erickson, 301 East North Street, reading from a prepared
statement (made a part of the record) urged that the Council make
regulations for senior citizens a separate part of the No Smoking
Ordinance since seniors have special problems relating to health.
(Mr. Erickson had also previously submitted through Community
Services staff a petition in favor of a No Smoking Ordinance, one
which would be especially helpful to seniors.
Alajandra Mogilner, 3808 Rosecrans, No. 216, San Diego, 92110,
representing the American Association of Home-based Busi~esses.
If there must be such an ordinance, the Council should consider the
home-based and small business person who will be impacted by such an
ordinance.
Kathy Liscum-Ellis, 2900 West Lincoln Avenue, referred to her
petition received by the City January ?, 1986 expressing concern over
and urgin~ that unseen chemical mixtures be stopped from polluting
the air in and around the Tiny Tots Program area conducted at the
Anaheim Therapeutic Center (a City-owned building). She explained
the problems involved and the actions that should be taken.
Gray Robertson, President, ACVA Atlantic, Inc., 10560 Main Street,
Fairfax Virginia, 22030.
He was present today at the request of the Tobacco Institute. He
then briefed and read portions of his prepared statement,
Environmental Tobacco Smoke, ("A Scape-Goat For A Sick Building?") -
made a part of the record. Tobacco smoke was not the cause of a
problem but the symptom of a problem, bad ventilation coupled with
bad filtration borne out by the studies of air quality done by his
company in more than 125 major buildings.
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City Hall~ Anaheim~ california - COUNCIL MINUTES - January 7, 1986~ 10:00 A.M.
Roberta Nedry, representing the American Cancer Society.
A primary goal of the American Cancer Society is to reduce the social
acceptability and thus the incidence of cigarette smoking leading
eventually to what they hope was a would be reduction in the
incidence of cancer. She strongly urged the Council to consider the
proposed ordinance favorably. She then referred to and read portions
of letter dated November 7, 1985 submitted by T. J. Prendergast Jr.,
M.D., President of the American Cancer gociety (Orange County Unit of
the California Division Inc.) - previously made a part of the record.
Ron Saldana, Regional Director, the Tobacco Institute, 5753-G, Santa
Aha Canyon Road, Ste. 2000, Anaheim, Ca. 92807.
He referred to the draft of the Orange County Chamber of Commerce
Voluntary Smoking Policy for Private Work Places submitted under his
letter dated December 31, 1985 (previously made a part of the record)
which he believed was an effective method of educating businesses and
assisting them with the adoption and implementation of Work Place
Smoking Policies in their respective work environment. A voluntary
program was more effective when compared to an unenforceable
ordinance.
Allan Hughes, Executive Director, Anaheim Chamber of Commerce. The
Chamber was willing to be involved in a volunteer program relative to
a smoking policy preferably patterned after the one submitted by the
Orange County Chamber of Commerce developed at the request of the
Board of Supervisors.
Phillip Witorsh, Physician, Pulmonary Internist and Clinical
Professor of Medicine, George Washington University Medical Center,
Washington D. C.
He was one of a group of faculty members from a number of
universities who at the request and expense of the Tobacco Institute
examined the question of chronic health disturbances and exposure to
environmental tobacco smoke. It was their considered opinion that
the scientific data does not substantiate a causal relationship
between environmental tobacco smoke and chronic health disturbances.
Charles Marshall, owner of Mr. Stox Restaurant and member of the
California Restaurant Board of Directors.
It seemed unfair to burden restaurants or government to be telling
restaurant owners what areas people should or should not be allowed
to smoke in in their restaurants. As proposed in the ordinance, 50
percent is not realistic for restaurants to require for smokers and
non-smokers alike. The Restaurant Association has encouraged
voluntary programs. Restaurants should not be included in the
proposed ordinance at all.
Pat Patterson, 924 North Helena Street, Anaheim.
The City of Anaheim is in the highly competitive convention
business. He could not envision the president of the Visitor and
Convention Bureau trying to sign conventions and telling those people
that they could not smoke at the Convention Center. He was even more
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Cit7 Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
concerned as a member of management in the community employing some
1300 people (Kwikset) already having agencies and commissions telling
them how to do business. Now the City Council was going to impose
more government on the business community. The ordinance is ill
advised. Major employers were already addressing the problem.
Tom Elser, 1176 South Hilda, Anaheim, speaking for his two daughters
who appointed him as representative today.
He was in favor of the proposed ordinance and offered two
modifications to specific sections of the ordinance. (See Mr.
Elser's letter of December 28, 1985 detailing the two proposed
changes - previously made a part of the record).
Walt Bilofsky, Board of Director's, Californians for Non-Smokers'
Rights.
He first countered some of the testimony presented relative to health
effects of second hand smoke. He also emphasized that without a
specific percentage designated in restaurants for smoking and
non-smoking the ordinance would be ineffective, and the percentage
set aside for non-smoking had to be significant. If left to a
voluntary program such as that proposed by the Orange County Chambers
draft proposal, he questioned what the recourse was going to be for
the non-smoker. That question had to be answered and that was why he
did not believe a voluntary program would work. He encouraged the
Council to adopt the ordinance before them today or any reasonable
amendment.
Edward Persson, 439 Park Avenue, Long Beach, Consultant representing
Air Cleaning Technology.
He favored the ordinance as it would help businesses with their
smoking polices. He thereupon briefed the Air Cleaning Systems
provided through his company. (He submitted a brochure on the
product sold).
Kenneth L. Smith, Californians for Non-Smokers' Rights, 1873 West
Chanticleer.
He submitted additional information regarding issues on which he had
already spoken to the Council relative to two major aerospace firms
and what they were doing with regard to the No Smoking issue. He
thereupon submitted Administrative Bulletin DAC85-123, Douglas
Aircraft Company, dated November 27, 1985, subject: No Smoking
Policy - which became effective November 28, 1985 and Policy Change
on Work Place Smoking adopted by the Boeing Company (both made a part
of the record).
Sandy Lana, 1117 Orange.
She referred to the petition she previously submitted containing a
number of signatures which were collected in only one hour on New
Year's Day (petition made a part of the record). The petition urged
the City Council to adopt the strongest possible ordinance to protect
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City Hall~ An-helm, California - COUNCIL MINUTES - January 7~ 1986~ 10:00 A.M.
non-smokers from involuntary exposure to tobacco smoke in the work
place, in restaurants and in other public places and she was present
today urging the same.
Agnes Haake, 407-B Park Vista, Anaheim.
She worked in an Anaheim Aerospace Firm and explained her
difficulties in being plagued with cigarette smoke. It would please
her to have an ordinance where she could be free from such
inconvenience. She thereupon submitted petitions containing many
signatures from people urging the Council to adopt an ordinance to
regulate smoking in work places and restaurants and other public
places.
Merrill J. Matchett, 1634 Jeffrey Drive, Anaheim.
Pointed out relative to a concern expressed by the Mayor, that the
proposed ordinance already contained a clause wherein an owner or
manager of a business or other establishments subject to the
ordinance may apply to the City Code Enforcement Officer for an
exemption or modification of any provision of the Chapter due to
unusual circumstances or conditions (see Section 6.30.150 -
Exemptions).
After many of the foregoing presentations, questions were posed and comments
made by Council Members on certain aspects of the testimony given.
Mayor Roth announced that the Council had a recommendation from the City
Manager to continue the issue for 4 weeks particularly to be able to provide
more information from staff relative to the effect of a Smoking Policy on the
Anaheim Convention Center and Stadium.
Discussion then followed between Council Members and City Manager Talley
revolving around possible effects on those facilities, enforcement, exempted
areas, etc.
At the conclusion of discussion, Councilman 0verholt offered revised Ordinance
No. 4678 for an amended first reading which incorporated the four changes
listed in the December 31, 1985 memorandum from the City Attorney.
ORDINANCE NO. 4678: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER
6.30 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE ~TATINC TO SMOKING IN PUBLIC
PLACES.
Councilwoman Kaywood expressed concern over the revision clarifying that snack
bars in grocery stores are exempt from no smoking provisions unless they have
a seating capacity of 50 or more seats (see Change No. 1 in memorandum of
December 31, 1985) since there was a State law that there was no smoking in
grocery stores. Every grocery store with a snack bar was usually in one open
area and not separate from the store. She suggested that the ordinance
relative to that provision include, "where separate", to distinguish from
those that were not separated from the main store area.
Councilman Bay offered an amendment in Section 6.30.010 - eliminating "a
health hazard" since, in his opinion, the majority of medical experts were in
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Ctt7 Hall~ Anaheim~ California - COUNCIL MINUTES - January 7~ 1986~ !0:00 A.M.
agreement there was no proof of health hazard from second hand or
enviromnental smoke; Councilman Overholt compromised by adding the
word "possible" before health hazard in that section. He did not,
however, include the amendment suggested by Councilwoman Kaywood
because he presumed the recommendations made relative to snack bars
in grocery stores were meant to be consistent with the laws of the
State.
City Attorney Jack White explained that particular amendment (Re: snack bars)
was suggested by Californians for Non-Smokers' Rights being one exception that
could be built into the ordinance. State Law provided there will be no
smoking in retail food distribution establishments. The interpretation of
that law apparently was that where there is multiple use in one given
building, that the food establishment area could be segregated from other uses
such as a restaurant or snack bar.
Councilman Overholt moved to continue the second reading of the proposed No
Smoking Ordinance as amended to Tuesday, February 4, 1986, at 1:30 p.m.
Councilman Bay seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (4:26 p.m.)
LEONORA N. SOHL, CITY CLERK
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