1986/06/24City Hall~ Anaheim, California - COUNCIL MINUTES - June 24~ 1986, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRES ENT:
ABSENT:
PRES ENT:
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
FINANCE DIRECTOR: George Ferrone
TRAFFIC ENGINEER: Paul Singer
RECREATION SUPERINTENDENT: Jeff Kolin
HUMAN RESOURCES DIRECTOR: Garry McRae
ASSISTANT CITY MANAGER: Eon Bates
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: A moment of Silence was observed in lieu of the Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council and presented to Jane Oseid, for her
12 years of dedicated service on the Community Redevelopment Commission. The
Council Members personally thanked Mrs. Oseid for the service she provided to
her community.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council to be presented to Mr. Ralph Hammack,
Principal of Walker School, Magnolia School District, upon his retirement
after 35 years of dedicated service in the field of education.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council to be presented to Edward G. Sullivan,
upon his retirement after 30 years of service in the Automobile Club's Anaheim
Office and extending appreciation for his many years of service to the Anaheim
community serving in various capacities.
119: REg0LUTION 0i CONDOLgNCE: A Resolution of Condolence was unanimously
adopted by the City Council to be presented to the family of Cristobal
Ramirez, an employee of the Parkway Maintenance Division since 1975. Sincere
condolences were extended on the passing of Mr. Ramirez.
119: RESOLUTION OF CONGRATULATIONS: A Rasolution of Congratulations was
unanimously adopted by the City Council and presented to Estella Nichols and
Muriel Nelson for the awards they received at the Orange County Aging Network
Recognition Banquet, Estella for achieving the honor of recognition in Senior
Housing Services and to Muriel for her individual contributions toward
477
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City Hall, Anaheim~ California - COUNCIL MINUTES - June 24, 1986, 10:00 A.M.
legislation for the elderly. The Council personally expressed to both ladies
appreciation for all the efforts both have contributed to Anaheim Senior
Citizens.
119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was
unanimously adopted by the City Council and presented to Dr. James Brier,
Superintendent of Schools, Anaheim City School District, upon his retirement.
The Mayor and Council expressed their appreciation for his 35 years of service
to the Anaheim community.
MINUTES: Councilman Pickler moved to approve the minutes of the regular
meeting held June 10, 1986. Councilwoman Kaywood seconded the motion.
Councilman Roth abstained since he was not present at that meeting. MOTION
CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pickler moved to
waive the reading in full of all ordinances and resolutions of the Agenda,
after reading of the title thereof by the City Clerk, and that consent to
waiver is hereby given by all Council Members, unless after reading of the
title, specific request is made by a Council Member for the reading of such
ordinances or resolutions in regular order. Councilman Bay seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,349,869.43, in
accordance with the 1985-86 Budget, were approved.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilman Roth, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar; Councilman Pickler offered
Resolution Nos. 86R-275 through 86R-285, both inclusive, for adoption. Refer
to Resolution Book. Councilman Pickler offered Ordinance No. 4728 for first
reading.
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 Tracy Lee (Spraolin) Dedios for property damage
sustained purportedly due to actions of the City on or about April 27, 1986.
b. Claim submitted by Tom Larsen for bodily injury sustained purportedly
due to actions of the City on or about March 19, 1986.
c. Claim submitted by Gloria Hellinger for property damage sustained
purportedly due to actions of the City on or about May 6, 1986.
d. Claim submitted by Foster & Kleiser for personal injury sustained
purportedly due to actions of the City on or about January 9, 1986 and
February 12, 1986.
478
City ~.ll~ Anaheim, California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
Application for Leave to Present Late Claim - Denied:
e. Claim submitted by Automobile Club of Southern California (Marilynn
Papson, Insured) for property damage sustained purportedly due to actions of
the City on or about January 19, 1986.
2. Receiving and filing the following correspondence: (on file)
a. 105: Park and Recreation Commission, Minutes of April 30, 1986.
b. 105: Community Redevelopment Commission, Minutes of June 4, 1986.
c. 105: Senior Citizens Commission, Minutes of May 8, 1986.
d. 107: Planning Department, Building Division Report, May 1986.
e. 156: Police Department--First Quarter Crime Report, 1986.
f. 105: Community Services Board, Minutes of May 8, 1986.
3. 123: Authorizing the extension of the agreement with Coleman Security
Service, Inc., to provide elementary school crossing guard service in the City
for the term June 30, 1986 through August 31, 1986.
4. 128: Receiving and filing the Monthly Financial Analysis for the ten
month period ended April 30, 1986.
5. 173: Authorizing the Mayor to send a letter to the Southern California
Association of Governments requesting that a City public heliport be included
as an informational item in the Regional Transportation Improvement Plan; and
authorizing the City Manager to submit to the Federal Aviation Administration
a preapplication for a development grant.
6. 155/164: Approving the Negative Declaration for the construction of a
storm drain in Dale Avenue between Stonybrook Drive and Ball Road.
7. 123: Authorizing a Third Amendment to Agreement with Signal Maintenance,
Inc., to provide regular traffic signal maintenance on a week-to-week basis.
8. 123: Authorizing an agreement with Weston Pringle and Associates, in the
amount of 516,900 for consulting services for the design of the Anaheim Signal
Modification Project, HES-00S(243), to be completed by November 10, 1986.
9. 123: Authorizing an agreement with Weston Pringle and Associates, in the
amount of 528,750 for consulting services for the design of the South/Central
Signal Improvement Project, FAU M-3041(255), to be completed by December 8,
1986.
10. 106/156/160: Authorizing use of Council Contingency funds an amount not
to exceed $28,500 to implement a Highway AdvisoryRadio system; waiving
Council Policy No. 306 and authorizing the Purchasing Agent to issue a
purchase order to LocKad, Inc., in an estimated amount of ~33,500, for
purchase and installation of the equipment.
479
City H~11, Anaheim, California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
11. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to the Anaheim Public Improvement Corp., in the amount
of $50,880 for an Enpro-II Electric Generation Planning Software Package.
12. 160: Accepting the low bid of First Class Mailing Service in the amount
of $20,208 for furnishing City Mail delivery service for Fiscal Year 1986/87,
with the option to renew for one year, in accordance with Bid No. 4334.
13. 160: Authorizing the Purchasing Agent to issue a purchase order to the
Anaheim Public Improvement Corporation in the amount of $32,966 plus freight
charges, cabling and installation, if required, for used IBM equipment, in
accordance with Bid No. A-4337.
14. 150: Terminating all proceedings in connectionwith the previously
advertised construction and completion of a public improvement, La Palma Park
and Pearson Park Picnic Shelter Developments, Account Nos. 16-827-7107-27160,
25-827-7107-27060, 16-820-7107-2012c, 16-820-7107-20160 and 25-820-7107-20060.
15. 150: RESOLUTION NO. 86R-275: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTEUCTION AND COMPLETION OF A PUBLIC WORK. (Pearson Park
Amphitheater Courtyard, Account Nos. 25-820-7103-20060 and 16-820-7103-20160;
and opening of bids on July 31, 1986)
16. 164: RESOLUTION NO. 86R-276: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CF~TAIN PUBLIC WORK. (FLEMING
ENGINEERING, INC.) (Awarding a contract to the lowest and best responsible
bidder, Fleming Engineering, Inc., in the amount of $293,491, for Dale Avenue
Storm Drain Improvement, Stonybrook Drive to Ball Road, Account Nos.
24-791-6325-E1510 and 52-606-6329-05749)
17. 164: RESOLUTION NO. 86R-277: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (SULLY-MILLER
CONTRACTING COMPANY) (Awarding a contract to the lowest and best responsible
bidder, Sully Miller Contracting Company, in the amount of $335,328.96, for
Lakeview Avenue Street Improvements, Orangethorpe to La Palma Avenue, Account
Nos. 46-792-6325-E2120 and 54-605-6329-04571)
18. 150: RE~OLUTION NO. 86R-278: A RES0LUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (ZACROS
COMPANY) (Awarding a contract to the lowest and best responsible bidder,
Zagros Company, in the amount of $59,900, for Oak Canyon Nature Center
Restroom Project, Account Nos. 16-810-7105-10080 and 16-810-7105-10184)
19. 175: RESOLUTION NO. 86R-279: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (JOH~ T. M~T~0¥,
INC.) (Awarding a contract to the lowest and best responsible bidder, John T.
Malloy, Inc., in the amount of $384,200, for Large Valve Replacements on
State College Boulevard, Phase I, Account No. 52-606-6329-02842)
20. 140: RESOLUTION NO. 86R-280: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BAXTER-GRIFFIN
COMPANY, INC.) (Awarding a contract to the lowest and best responsible
480
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
bidder, Baxter-Griffin Company, Inc., in the amount of $12,844, Construction
of Street Lighting Maintenance District 1985-1, Street Lighting System,
Account No. 24-676-6329-04615)
21. 165: RESOLUTION NO. 86R-281: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (NOBEST,
INCORPORATED) (Awarding a contract to the lowest and best responsible bidder,
Nobest, Inc., in the amount of ~29,478, Alley Improvement, East-West Alley s/o
Broadway, West Street to 580 feet w/o West Street, Account No.
01-793-6325-E3030)
22. 164: RESOLUTION NO. 86R-282: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (KERSHAW
CONSTRUCTION COMPANY) (Awarding a contract to the lowest and best responsible
bidder, Kershaw Construction Company, in the amount of ~474,844, for Valley
Street Storm Drain Improvement, Account Nos. 24-791-6325-E1480,
11-790-6325-E0620 and 52-606-6329-05642)
23. 131: RESOLUTION NO. 86R-283: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY
OF NO CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON
THE GENERAL PLAN.
24. 153: RESOLUTION NO. 86R-284: 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. (creating the classifications of Part-Time Laboratory Technician
I, Bl105 and Part-Time Utilities Engineering Aide Bl165, effective May 30,
1986)
25. 158: RESOLUTION NO. 86R-285: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
26. 000/129/149: ORDINANCE NO. 4728: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 16.24.010 OF CHAPTER 16.24 OF TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARAMEDIC FEES.
27. 123: Authorizing agreements with Computer Systems &Applications of
California and Sizemore Computer Services in amounts not to exceed
for data processin~ contract programming services for the Utility Billing
System effort, commencing July 1, 1986 and ending June 30, 1987. (Councilman
Bay abstained)
123: Authorizing agreements with John Cappelletti Associates, DPCS Inc., and
Minisystems Associates, in amounts not to exceed $400,000, $100,000 and
$400,000 respectively, for data processing contract programming services for
the City's General Systems Effort, commencing July 1, 1986 and ending June 30,
1987. (Councilman Bay abstained)
481
City Nall~ A~ahe~m, California - COUNCIL MINUTES - June 24~ 1986, 10:00 A.M.
28. 123: Authorizing a First Amendment to Agreement with Jones/Peterson
Associates, Inc., in the amount of $1,200, for landscape architectural
services to include soil sampling and testing.
Roll Call Vote on Resolution Nos. 85R-275 through 86R-285:
AYES:
NOES:
ABSENT:
COUNCIL MF2IBERS:
COUNCIL MEMBERS:
COUNClL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Resolution Nos. 86R-275 through 86R-285, both inclusive,
duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
108: POOL ROOM APPLICATION - THAI BILLIARDS: Approving a Pool Room
Application submitted by Tawesak Tantalelar, for Thai Billiards, 1721 West La
Palma, to permit 4 pool tables, as recommended by the Chief of Police.
Councilman Bay stated he was going to vote no on the subject application;
Councilman Pickler asked if he had information he would like to convey to the
Council substantiating his no vote.
Councilman Bay stated he would be glad to move to continue action on the
application for one week rather than voting no today which would give an
opportunity to review the application more in depth. He is concerned about
the area in which the proposed business is located and did not feel a pool
room would add anything positive to that neighborhood.
MOTION: Councilman Bay moved to continue the pool room application for Thai
Billiards for one week. Councilman Pickler seconded the motion. MOTION
CARRIED.
101: REQUEST - FREEDOM BOWL INC: Kevin Forth, President Freedom Bowl Inc.,
to discuss funds to support the Freedom Bowl.
Mr. Tom Start, Executive Director, Freedom Bowl Inc., first addressed
the Council giving the backsround relative to the events leading to
the Freedom Bowl being played in Anaheim, an effort which was good
for the community. The Bowl was still in its growing stages.
Freedom Bowl Inc. was not setting a precedent by asking for financial
assistance from the City. It has been done by every bowl in
existence to some extent.
Mr. Bill Snyder, President, Visitor and Convention Bureau then spoke
about his involvement with the Freedom Bowl and the positive impact
the game brings to the community as we~l as the impact the game can
generate in the future, for instance, $90,000 to $100,000 in room tax
alone. That was only a part of the economic return that could be
generated in coming years.
482
City ~ll, An~he~m~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
Mr. Kevin Forth, President of Freedom Bowl Inc., first gave the
background on how the organization got to the position they were in
at the present time. (See extensive report submitted under letter
dated June 24, 1986 from Freedom Bowl giving pertinent information
relative to the current support level of the Freedom Bowl). The
purpose of today's presentation was due to the fact that Freedom Bowl
Inc. owed both the University of Washington and the University of
Colorado, participants in the 1985 Bowl, slightly more than $500,000
due on June 30, 1986. They were not asking for a hand-out but an
interest-free loan of up to $250,000 which will be matched dollar for
dollar by interest-free private sector money with all funds raised
solely and exclusively to pay the teams. If the team payments were
not made by June 30, 1986, there will not be another Freedom Bowl
this year or in the future. Without the loan, the Freedom Bowl
cannot proceed and they will be unable to meet a commitment to two
fine institutions. No other city in Bowl history has lost a sanction
and he would not like to see it happen in Anaheim. They were asking
the Council to allow them to survive and to get a foothold in a
positive sense. The Freedom Bowl was on the verge of something
outstanding.
Councilman Overholt was interested in seeing a balance sheet, not
merely the profit and loss statements submitted. He also noted that
one of the other conditions was that the commencement of the
repayment of the loan not be started for 6 years; Mr. Forth submitted
a balance sheet and also explained the philosophy behind the request
that the loan repayment not be started for 6 years.
Councilman Overholt asked if there were additional debts other than
the outstanding Pacific Inland Bank loan; Mr. Forth answered that the
team payments were outstanding as well. The debt from the 1984 game
was $668,000 which was financed, and $436,000 from the 1985 game.
Approximately $500,000 was owed to the two teams from the 1985 game.
As of right now, they owed Pacfic Inland Bank $569,000. He confirmed
for Councilman Overholt that the balance sheet did not reflect the
long-term liability to Pacific Inland Bank. If the loan is not
approved today, the team payments would not be made on June 30, 1986,
NCAA would rescind the sanction for the Bowl game, and they would be
in default on the note to Pacific Inland Bank and those people who
were co-signers.
Councilman Overholt asked if the City was willing to make a loan and
perhaps waive the interest for a short period of time since he felt
interest accumulating over 6 years was a large sum, would Freedom
Bowl Inc. make payments on the City loan along with the Pacific
Inland loan.
Mr. Forth confirmed, as previously stated, if they were in a position
in the near term future to make a principal payment to the Pacific
Inland Bank and it would not impact severely on their cash flow
situation, they would be able to make a principal payment to the City.
483
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
Mayor Roth emphasized the value of the Freedom Bowl to the City. He
also noted the figures submitted showing income to the City of
Anaheim for the 1984 and 1985 game and the estimated 1986 Revenue
(see sheet - City of Anaheim Income Derived from Freedom Bowl).
(Later in the meeting City Hanager Talley clarified for Councilman
Bay that the income figure for those 3 years with 1986 being an
estimate was in actuality 5168,043 after subtracting employees wages
and utilities). The Mayor expressed concern if the City did not
assist at this time, it would be a tragic loss to the City and its
reputation.
Councilman Pickler stated the Council shared in the concerns
expressed by Councilman Overholt but the Freedom Bowl was a very
positive event for Anaheim and an extremely positive economic
consideration for the community.
Councilman Bay stated his concern would be in losing the Bowl
Franchise precluding the opportunity to recover the very large
investment made by many members of the business sector. All through
the discussions, he has heard that one of the major benefits is the
public relations aspect and the advertising of Anaheim encouragin~
tourism and Convention business all falling under exactly the reasons
the City Council in this year's budget is considering the allocation
of 52.3 million to the Visitor and Convention Bureau to be voted on
today, 51.7 million last year and 51.5 million the year before set up
on a percentage return of room tax. What he is looking for in future
balance sheets was how to Justify to the taxpayer the approval of a
5250,000 interest-free loan. He has to Justify that the Freedom Bowl
is a good investment for the City Just as the money voted every year
to the Visitor and Convention Bureau to advertise and draw people to
the City is for the benefit of the whole City. Looking at it from
that viewpoint, it is his feeling the Council should take a step to
attempt to save the Freedom Bowl. He felt, however, that the
5250,000 should come out of the Visitor and Convention Budget which
in effect would be ~utting 5250,000 back into a promotion that would
equal spending the $250,000 in the Visitor and Convention Bureau
budget for the extra advertisin~. Even the taxpayers would listen to
that kind of logic, otherwise he could not support handing out
3250,000 interest-free with no benefit to the taxpayers.
Extensive discussion between Council Members, Mr. Forth and Mr.
inyder followed with input from both City Manager Talley and Finance
Director George Ferrone. During the discussion, Mr. Talley stated if
the Visitor and Convention Bureau could free some of the funds that
were unanticipated because of the good season Anaheim was
experiencin~ and the rest could be made up by the Council, he would
recommend that as a last resort, he did not feel the City could
suffer the image and credibility loss that would result should the
Freedom Bowl lose its sanction. Mr. Snyder explained he had been
identified with the Freedom Bowl effort for quite a while and he
could see a fault. They tried a magnanimous move to accomplish the
project in the private sector only and other cities and bowls have
484
129:
City Hall~ Anaheim, California - COUNCIL MINUTES - June 24~ 1986, 10:00 A.M.
not done that. It was a fault not only because it was not possible
to do it the way they did which was also viewed as a restricted
effort which was never the intention, but the fault is they did not
come to the City first to ask for "seed" money. They chose what they
thought was a better course and it was proven not to be.
At the conclusion of questions and a discussion of alternative
courses of action in possible terms to provide the $250,000 needed,
Councilman Pickler moved to approve an interest-free loan of $250,000
to Freedom Bowl Inc. with $125,000 to be allocated from Visitor and
Convention Bureau budget and $125,000 from the City allocated from
Council Contingency funds.
Before action was taken, additional discussion followed relative to
an agreement that would have to be drawn outlining the terms and
conditions under which the money would be loaned to Freedom Bowl Inc.
and subsequently repaid to the City. Mr. Mel Miller, Pacific Inland
Bank, also gave information relative to the terms of the loan
presently outstanding at his bank noting it was his intention to go
to his Board and Committee with the request that they extend the
first year payment which was past due at the present time, extending
it for one year to help the Freedom Bowl. It was a 5-year payout but
with an extension would be 6 years.
Councilman Bay stated the amount totalling $250,000 from the City and
Visitor and Convention Bureau would not cover the entire amount owed
of $527,000 as reported by Mr. Forth. He saw a $27,000 loophole
which would still not make the payment that was due on June 30, 1986.
Jack White, City Attorney, stated he would propose tow rite the
agreement in a way that would recognize that $27,000 is in the
existing coffers of the Freedom Bowl and that the City would
recognize that portion being devoted towards the $527,000 payment.
In excess of that there would be the matching of funds to make up the
$500,000 that would have to flow by June 30, 1986.
Councilman Overholt noted earlier it was reported that Mayor Pro Tem
Pickler was on the Board of the Freedom Bowl and had pledged $10,000
to the Freedom Bowl. He asked the City Attorney if that would in any
way disable him from voting on the matter.
City Attorney White stated that the pledge is an agreement to sell or
be responsible for $10,000 worth of tickets for next year's game.
There is a provision in the Political Reform Act that provides that
membership on a charitable or non-profit corporation is not a
position that creates a conflict of interest for a City Council
Member for purposes of voting on matters that directly financially
affect that charitable or non-profit corporation. If that is the
only investment of Councilman Pickler or any other member of the City
Council, then he saw no conflict of interest as a result.
Councilman Overholt stated he was going to be supportive of the
motion, other than the fact that he felt interest should be paid.
485
He
130
City H~!I~ ~n~hetm~ California - COUNCIL MINUTES - June 24, 1986~ 10:00 A.M.
did feel that the Council Contin~ency fund was established to provide
for activities such as the Freedom Bowl. He was also glad to hear of
the pledges to make it more of a communitywide effort rather than a
closed group in order to make the event successful for the good of
the community.
Councilman Bay asked that the motion be restated.
Jack White, City Attorney, clarified the motion made as follows
incorporating the results of the extensive discussion:
Directing that the City Attorney prepare a loan agreement
between the City and Freedom Bowl Inc. to lend to Freedom Bowl
Inc. a sum of money up to $250,000, interest-free, which sum
would be used solely to pay the two participating teams from the
1985 Freedom Bowl game and which sum would be matched equally by
private contributions raised between now, or on hand now and/or
raised up to the time of payment of the fee on June 30, 1986.
That the repayment of the loan would commence on June 30, 1992
on which date 1/3 of the principle would be repaid, 1/3 would be
repaid on June 30, 1993 and the final 1/3 repaid on June 30,
1994. That the loan would be unsubordinated to any other loan
heretofor made to Freedom Bowl Inc. or heretofor incurred by
Freedom Bowl Inc. other than the existing Pacific Inland Bank
loan and that the amount of $27,000 from funds on hand would be
devoted toward making the $527,000 payment due by Freedom Bowl
Inc. on June 30, 1986. It was determined by the Council on
advice from the City Attorney that since the check to pay the
teams had to be received by June 30, 1986, it would be necessary
that today's Council meeting be adjourned to Friday, June 27,
1986 at 10:00 a.m. for purposes of approving the agreement
necessary to support the request for funds.
Councilman Overholt seconded the motion. MOTION CARRIED.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be
held to confer with the City Attorney regarding:
a. Pending litigation pursuant to Government Code gection
54956.9(a), to wit: Golden West Baseball Co. vs. City of
Anaheim, Orange County Superior Court Case No 40-92-46; Landers
vs. City of Anaheim, O.C.S.C.C. 32-24-82; G.R. Mc Kervey, Inc.
vs. City of Anaheim, O.C.S.C.C. 48-38-96.
b. To confer with the City's designated representative
regarding labor relations matters. (Gov't. Code Section 54957.6)
MOTION: Councilman Roth moved to recess into Closed Session and a lunch
break. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
(12:05 p.m.)
486
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:45 p.m.)
179: PUBLIC HEARING - RECLASSIFICATION NO.
NEGATIVE DECLARATION:
APPLICANT: Clara V. Haile
3053-B Via Serena,
So. Laguna Hills,
Ca. 92653
85-86-29~ VARIANCE NO. 3554 AND
Arco Petroleum Products Company
515 South Flower Street,
Los Angeles, Ca. 90051
REQUEST/ZONING/LOCATION: For a change in zone from RS-A-43,000 to CL, to
construct a 16,368 square foot retail center in two phases on 1.3 acres
composed of two lots generally located north and west of a
rectangularly-shaped parcel 110 feet by 135 feet at the northwest corner of
Lincoln Avenue and Gilbert Street, with Code waivers of maximum structural
height and minimum structural setback.
PLANNING COMMISSION ACTION:
No. 85-86-29; Resolution No.
- Negative Declaration.
Resolution PC86-107 approved Reclassification
PC86-108 granted Variance No. 3554, approved ELR
HEARING SET ON:
Review requested by Councilman Pickler at the meeting of May 20, 1986.
PUBLIC NOTICEREQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 12, 1986.
Posting of property June 13, 1986.
Mailing to property owners within 300 feet - June 13,
1986.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 29, 1986.
COUNCIL CONCERNS:
Councilman Pickler.
He has discussed the matter with the applicant. His concerns
have been the traffic on Gilbert Street and the lack of
sidewalks from the area of the project, Gilbert Street and
Lincoln Avenue, up to Savanna High School on Gilbert Street. He
discussed working with the applicant and Arco who installed the
sidewalks on the corner on the possibility of being able to
complete the sidewalks to ensure the safety of the students
walking that street. He had asked Mr. Crowther, agent for the
applicant, if he would check withhis firm relative to
participating in the cost of installation of sidewalks.
APPLICANT'S STATEMENT IN ANSWER TO QUESTIONS:
Robert Crowther, Munson Properties, 16480 Harbor Blvd.
Suite 102, Fountain Valley, Ca. 92708.
487
City ~1~ ~maheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
At his last meeting with Mr. Pickler, they discussed whether
Arco was willing to participate in the installation of the
sidewalks.
Councilman Pickler.
He did talk with Arco and they were willing to contribute
$20,000 for the construction of the sidewalks from where they
left off in developing the property to Savanna High School. Mr.
Crowther mentioned the applicant would somehow be able to
contribute $10,000. He had talkedwith Paul Singer, Traffic
Engineer, to see if it was possible to put something together to
complete the sidewalks going from Savanna High School to Lincoln
Avenue on Gilbert Street.
Paul Singer, Traffic Engineer.
He had discussed the matter with the City Engineer who indicated
there were two possible funds from which the City could match
the remainder of $37,000 to complete the project this coming
fiscal year which would cost $67,000 in total.
Mayor Roth.
As he understands, Mayor Pro Tem Pickler was asking the
applicant to contribute to the installation of sidewalks on
Gilbert Street as a condition of approval of his project. He
asked if the applicant was volunteering to do that.
Robert Crowther.
If it is a condition of approval they will do so.
Councilman Pickler.
Arco said they would install the sidewalks and then they sold
the property to the applicant. He was holding Arco to what they
had stated. Students were now walking on the streets. The new
project had a driveway on Gilbert Street. Under those
circumstances, it was asking for an accident to happen and the
sidewalks were necessary. These were business people who could
see the problem and were willing to work with the City.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
None.
COUNCIL ACTION:
Mayor Roth closed the public hearing.
Councilman Pickler asked if the commitment by Arco to contribute
toward the cost of the sidewalks had to be a part of the
resolution.
488
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
Jack White, City Attorney.
He did not believe it had to be a part of the resolution. If
the intent is to require the installation of sidewalks off-site,
only that would need to be referred to contingent upon the
acquisition of the necessary right-of-way by the City to do
that. He understood the City was presently working out a plan
to acquire the right-of-way in exchange for improvements.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Bay, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. MOTION CARRIED.
Councilman Pickler offered Resolution No. 86R-286 for adoption, approving
Reclassification No. 85-86-29 and Resolution No. 86R-287 for adoption,
granting Variance No. 3554. Refer to Resolution Book.
RESOLUTION NO. 86R-286: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING RECLASSIFICATION NO. 85-86-29.
RESOLUTION NO. 86R-287: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3554.
Before action was taken, Councilman Pickler clarified for
Councilman Overholt that the resolutions included the commitment
by Arco to contribute to installation of the sidewalk as well as
the applicant contributing 310,000 towards that installation.
There was nothing in writing from Arco relative to their
participation but he had their word when he talked to Arco
representatives.
Councilman Overholt.
He asked Mr. Crowther, since the resolution before the Council
was contingent upon the applicant contributing 310,000 for
sidewalks if he was willing to consent.
Robert Crowther.
They will consent to that condition for approval of the
project. They had talked about contributing 1/6 of the total
cost up to 310,000 provided that the entire project be completed
at the present time. They felt going ahead with the sidewalks
was a positive step for the whole neighborhood. They would
obviously like the City to pay for the installation. He also
did not feel that Mr. Pickler gave the impression of
"blackmailing" the applicant.
Councilman Bay.
When the Council votes on the resolutions, it is not his
intention to require the applicant to pay for any part of the
489
City Hall, Anaheim~ California - COUNCIL MINUTES - June 24~ 1986} 10:00 A.M.
off-site sidewalks. He did not like the tactics used. The
$10,000 contribution is not a condition requiring his vote to
approve the variance.
Councilman 0verholt.
He asked if Arco participates, how soon the sidewalks would be
installed.
Paul Singer, Traffic Engineer.
As soon as letters of commitment for the funding are received
plans can be drawn and within 3 to 6 months the sidewalks could
be installed notwithstanding any problems with right-of-way.
Councilman Overholt.
He suggested a time limit on the installation of sidewalks. If
the sidewalks were constructed within one year, the applicant
would agree to contribute up to 1/6 of the cost up to 310,000.
He asked if that would be agreeable and also if what the
applicant's final position is relative to participation in the
cost of off-site sidewalks.
Robert Crowther.
The one year time limit was agreeable and their final position
is they will participate.
Councilman Roth.
He has no argument with the need for sidewalks in that area
which should have been installed many years ago. He has a
serious problem of placing such a condition on the applicant at
the "llth hour" making approval of his project contingent on his
contributing 310,000 whereas the property belongs to someone
else.
Councilman Pickler.
He clarified that in discussing the matter with Mr. Crowther, if
they would close the driveway on Gilbert, he (Pickler) would
have no problem with the development but Mr. Crowther felt that
would be a hardship.
A vote was then taken on the foregoing resolutions, subject to the added
condition that the applicant participate in 1/6 of the cost for off-site
sidewalks or a maximum of 310,000 if the sidewalks are installed within one
year from June 24, 1986.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt and Pickler
Bay and Roth
None
The Mayor declared Resolution Nos. 86R-286 and 86R-287 duly passed and adopted.
490
123
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24, 1986~ 10:00 A.M.
106: CONTINUED PUBLIC HEARING - RESOURCE Ar3,0CATION PLAN (RAP) - BUDGET: To
consider the proposed 1986/87 Resource Allocation Plan. The public hearing on
the budget was continued from the meetings of June 10 and 17, 1986, to this
date (see minutes those dates for input received).
City Manager Talley first briefed the actions being proposed today. He also
outlined the five major policy issues which the Council was going to have to
deliberate and answer, four of which did not require action today:
(1) The Video Policy - staff is going to be bringing in a
report regarding airing on the government access channel and
other improvements; (2) Police 2000 Project - until the
detailed architectural plans, Engineering drawings and costs
were known, Council does not need to take action at this time;
(3) Business License Tax Ordinance - Task Force yet to report
its final recommendation; (4) Policy relative to obtaining a
replacement revenue to maintain the infrastructure renewal -
until the Federal Government has made a final determination on
Federal General Revenue Sharing Funds and other information was
presented in Closed Session today, Council is not requested to
give any policy direction. The (5) item relative to funding of
transportation to meal sites for senior citizens has been
increased 130 percent by the City's contractor. This is
included in the proposed Resource Allocation Plan. If adopted
as submitted, the plan does include that increase which staff
recommends.
New items to be addressed today - (1) Under date of June 23,
1986 a communication from Sylvia Bula, Interim Director of the
Anaheim Cultural Arts Center, containing a request for $3,000
which Council has not yet addressed. (2) Communication from
the Public Utilities General Manager dated June 23, 1986
regarding the Public Utilities Board consideration of the
1986/87 Resource Allocation Plan. Last Thursday, June 19, 1986,
the Board Members disagreed amongst themselves on whether they
had recommended approval of the 1986/87 Plan to the Council.
The recommendation is that the Council adopt the 1986/87 Public
Utilities Resource ALlocation Plan and wait until the Board has
had another opportunity to discuss water rates. The water
budget at present requires approximately $1.4 million which was
contemplated to be raised through water rate increases. There
is no recommendation from the Board on that item at this time.
Councilman Bay asked if there was a specific vote on the Board
disapproving the water rate increase; City Manager Talley
answered that the vote was 4 to 2 but the Board will reconsider
that vote later this month or early July. The staff of the
Public Utilities Department is in the audience. It was his
understanding they did not wish a recommendation to be
transmitted to the Council at this time. However, the Council
must adopt the budget today or the City Manager's budget goes
into effect July 1, 1986. If the Council does not adopt the
491
City Hall, Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
rate increase, the water budget would be out of balance
approximately 51.4 million. Mr. Talley then announced the
balance of actions to be taken by Council at the meeting today.
108/106: ReRuest by Sylvia Bula~ Interim Director~ Anaheim
Cultural Arts:
They are requesting 33,000 to present a Summer Arts Celebration
program to address children from 6 to about 15 years of age (see
letter dated June 23, 1986). She explained the activities
involved, the reason for the funding and the fact that by
offering the program they would be providing a great service to
the community by exposing youth to culture and the arts.
Councilman Overholt stated his concern was not so much the
53,000, but the health and prognosis for the Cultural Art Center
and whether the Center was going to be able to continue a
meaningful program and, if not, whether the School District can
make better use of the property.
Mrs. Bula stated it was her feeling there had to be a completely
different approach taken relative to the Foundation for Culture
and the Arts and that 33,000 would enable them to survive until
then.
Elsie Reed stated she was on the original Board of the Anaheim
Foundation. One of the reasons they took the present building,
they were supposed to have a Cultural Arts Center in the
redevelopment area but it never happened. To her thinking, the
City has a responsibility to provide such a center. The present
center does not have air conditioning and that is a hindrance to
their overall program.
Councilwoman Kaywood stated this would be the start of a new
direction and she was willin~ to give the Cultural Center that
opportunity. She thereupon moved to approve the request of the
Anaheim Cultural Arts Center in the amount of 53,000 from the
Council Contingency Fund for the S,~mer Arts Celebration.
Councilman Roth seconded the motion. MOTION CARRIED.
150/000: FEE~ FOR PARK AND RECREATION PROCRAM§/~ERVICE~:
Before acting upon the proposed resolution amending fees to be
charged for City-wide Park and Recreation Programs and Services,
Mayor Roth noted that there was no comparison with fees charged
last year. He questioned why that data was not provided.
Jeff Kolin, Recreation Superintendent, explained that in general
changes were in the 52.00 to 53.00 range which represented
adjustments to keep pace with increased cost of living. A
comparison was not normally submitted but he would be happy to
provide that information.
492
City Hall, Anaheim~ California - COUNCIL MINUTES - June 24, 1986, 10:00 A.M.
Councilman Bay stated that the differential between this year
and last, having taken the figures from the report submitted
relative to the appropriations limit, was an approximate $60,000
increase or 7.5 percent across the Board.
City Manager Talley offered to trail the matter for an hour and
in the meantime staff could prepare comparison data; Mayor Ruth
did not feel that was necessary at this time.
Councilman Ruth offered Resolution No. 86R-288 for adoption, amending
Resolution No. 79R-2 relating to fees to be charged for City-wide Park and
Recreation Programs and Services, effective July 1, 1986. Refer to Resolution
Book.
RESOLUTION NO. 86R-288: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 79R-2 RELATING TO FEES TO BE CHARGED FOR
CITY-WIDE PARK AND RECREATION PROGRAMS AND SERVICES COMMENCING JULY 1, 1986.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood,
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCILMEMBERS: None
Overholt,
Pickler and Roth
The Mayor declared Resolution No. 86R-288 duly passed and adopted.
153: MANAGEMENT PAY PLAN ADJUSTMENTS:
Councilman Bay then posed questions to staff relative to the
figures presented under thesheet entitled, "Cost to bring
employees to minimum of new salary range" which were answered by
the Human Resource Director Garry McRae.
Councilman Bay then spoke against the proposed resolutions
establishing the Mamagement Pay Plan by adjusting the Management
salary structure, establishing rates of compensation and
Management pay policies for classifications. He did not agree
with gibson and Company, nor the new Blue Ribbon Committee, when
talking about reviewing salary ranges on an annual basis. In
his opinion, those ranges should be looked at somewhere between
every three and five years, preferably in the public sector
every five years. He also did not agree on the 6 percent merit
pool. He did not think there should be any change in the range
at this time. The whole action should be delayed and looked at
next year or the year after since the ranges were changed last
year by 5-1/2 percent, at the time they gave out a merit pool of
6-1/2 percent. Continuing to raise the ranges on an average of
5 percent every year and handing out 6 percent merit pools,
there was a staggering projection of paying management across
those classifications over the next 10 years. He did not agree
with that pattern and did not think the City could afford to do
it now or continue to do it in future years.
493
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986, 10:00 A.M.
Councilman Bay moved to delay totally the restructuring by a 5
percent increase in the management salary structure. The motion
died for a lack of a second.
Councilman Pickler offered Resolution No. 86R-289 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-289: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT
SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY
POLICIES FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT AND
SUPERSEDING RESOLUTION NO. 85R-266 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
The Mayor declared Resolution No. 86R-289 duly passed and adopted.
Councilwoman Kaywood noted that Councilman Bay was in favor of
the Blue Ribbon Committee until they came out with a
recommendation that he disagreed with; Councilman Overholt
stated he deeply appreciated the time and effort put forth by
the Blue Ribbon Committee, the members of which were corporate
members of major businesses. Ne personally felt they did an
outstanding Job and very much appreciated, as a Member of the
Council, their work on behalf of the City.
Councilman Pickler offered Resolution No. 86R-290 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-290: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT
SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY
POLICIES FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT AND
SUPERSEDING RESOLUTION NO. 85R-267 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MF.,MBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
The Hayor declared Resolution No. 86R-290 duly passed and adopted.
Councilman Pickler offered Resolution No. 86R-291 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-291: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT
494
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24, 1986, 10:00 A.M.
SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY
POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPEEVISORYAND
SUPERSEDING tLESOLUTION NO. 85R-268ANDAMENDMENTS THERETO.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt,
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCILMF2/BERS: None
Pickler and Roth
The Mayor declared Resolution No. 86R-291 duly passed and adopted.
Councilman Pickler offered Resolution No. 86R-292 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-292: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT
SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY
POLICIES FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONALAND TECHNICAL
MANAGEMENT AND SUPERSEDING RESOLUTION NO. 85R-269 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL HEMBERS:
COUNCILMEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
The Mayor declared Resolution No. 86R-292 duly passed and adopted.
MOTION: Councilman Overholt moved to approve the Management Reorganization
Plan presented to the Council on June 3, 1986 (see City of Anaheim Management
Reorganization Plan prepared by the Administration Department, June, 1986).
Councilman Roth seconded the motion.
Before a vote was taken, Councilman Bay stated he was going to support the
motion because it represented a step in the right direction. However, it also
confirmed what he has been saying for three or four years, that there were
ways to reduce costs.
A vote was then taken on the foregoin~ motion. MOTION CARRIED UNANIMOUSLY.
Councilman Roth offered Resolution No. 86R-293 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-293: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 86R-103 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATION.
Roll Call Vote:
495
120
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay,
NOES: COUNCILMEMBEES: None
ABSENT: COUNCIL MEMBERS: None
Pickler and Roth
The Mayor declared Resolution No. 86R-293 duly passed and adopted.
Councilman Roth offered Resolution No. 86R-294 for adoption. Refer to
Resolution Book.
RESOLUTION NO. 86R-294: 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 REPRESENTED BY THE ANAHEIMMUNICIPAL EMPLOYEES
ASSOCIATION.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickler and Roth
The Mayor declared Resolution No. 86R-294 duly passed and adopted.
Councilman Bay asked which of the resolutions handled the 6
percent merit pool; City Manager Talley stated that the
Management Merit Pool was built into the Fiscal Year 1986/87
Resource Allocation Plan. If Council approves the plan that
merit pool will be distributed based upon a matrix which would
be developed subsequently and distributed approximately October,
1986 after the evaluation of the 1985/86 Pay-For-Performance
agreements have been done. The pool has not been distributed as
of now.
Councilman Bay moved to reduce the 6 percent merit pool to 3
percent for this year. The motion died for lack of a second.
Mayor Roth asked if there was any specific action to be taken
today relative to the request of Mr. Bill Erickson discussed at
the previous budget hearings.
Ron Bates, Assistant City Manager, answered that staff was not
requesting Council to take any specific action today. Staff
followed up with memos to the Council regarding action that
would be taken at George Washington Community Center as well as
the action the Police Department is taking. He has a call from
Mr. Erickson right now where he (Bates) intends to respond
directly and will follow up with a letter.
Mayor Roth asked that some reply be sent to the Council because
of the seriousness of the problem on North Anaheim Boulevard.
If it was going to taken an additional amount of funding or
re-allocation he felt they needed to do that.
496
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
139: SUPPORT OF SB 2169 (ROBERTI): Submitted was report dated June 24, 1986
from William Sell, Intergovernmental Relations Officer, recommending support
of legislation proposed under SB 2169, communicating that position to the
City's elected representatives in Sacramento.
MOTION: Councilman Roth moved to support SB 2169 (Roberti) and communicate
this position to the City's elected representatives in Sacramento. Councilman
Pickler seconded the motion. MOTION CARRIED.
149/142: ORDINANCE NO. 4729: Councilman Roth offered Ordinance No. 4729 for
first reading.
ORDINANCE NO. 4729: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING PROVISIONS
OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO PARKING RESTRICTIONS AND
pROHIBITIONS ON PORTIONS OF FLOWER STREET AND CRESCENT AVENUE AND REPEALING
ORDINANCE NO. 4641.
123: CLAIMS ADMINISTRATION SERVICES - CARL WARREN & COMPANY: Councilwoman
Kaywood moved to authorize an agreement with Carl Warren & Co., in an amount
not to exceed 356,300, plus certain allocated expenses, to provide claims
administration services, for the term July 1, 1986 through June 30, 1987, as
recommended in memorandum dated June 17, 1986 from the City Attorney.
Councilman Pickler seconded the motion. MOTION CARRIED.
105: APPOINTMENTS TO FILL TERMS AND CONDITIONS ON BOARDS AND COMMISSIONS:
Councilman Roth moved to continue appointments to fill terms expiring June 30,
1986 on the following Boards and Commissions for one week: Community
Redevelopment Commission, Community Services Board, Housing Commission,
Industrial Development Board, Library.Board, Park & Recreation Commission,
Planning Commission, Public Utilities Board, Senior Citizens Commission and
the Project Area Committee. Councilman 0verholt seconded the motion. MOTION
CARRIED.
123: SOFTWARE SERVICE AGREEMENT WITH WANG LABORATORIES: Councilwoman Kaywood
moved to authorize the Purchasing Agent to issue a purchase order in the
amount of ~12,348 to Wang Laboratories for a one-year software service support
agreement, as recommended in memorandnmdated June 23, 1986 from the City
Clerk. Councilman Roth seconded the motion. MOTION CARRIED.
108: PUBLIC DANCE PERMIT - JESUS M. FILIAS: Councilman Bay moved to approve
an application for a Public Dance Permit submitted by Jesus M. Frias, for the
Empress Frias, to hold a dance at the Anaheim Convention Center on June 28,
1986, from 6:00 p.m. to 1:00 a.m., in accordance with the recommendations of
the Chief of Police. Councilman Roth seconded the motion. MOTION CARRIED.
108: ~EARING - QUALITY INNS INTERNATIONAL~ INC.- APPEAL OF ASSESSMENT:
Lawrence D. Curtis CPA, Manager, Tax Audits, Quality Inns International Inc.,
requesting abatement of the penalty and interest assessment on the late filing
of the Transient Occupancy Tax due on %he Anaheim Quality %nns, Inc.
Submitted was a report from the City Attorney's Office dated June 17, 1986
advising Council of the applicable Code provisions and Council alternatives
relative to the appeal and report dated June 9, 1986 from the Community
497
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986; 10:00 A.M.
Development and Planning Department recommending denial of the request for
abatement of the penalty and/or interest assessment in the amount of $2,689.86.
Mayor Roth asked to hear from the appellant; no one was present at this time
(3:12 p.m.).
Councilman Roth moved to continue the hearing on the appeal of the assessment
for one week. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
170: TENTATIVE TRACT NO. 10985: Submitted by Greiner Engineering, requesting
an extension of time for Tentative Tract No. 10985, a 2-lot, 234 unit
residential condominium subdivision to be located on the south side of Santa
Ana Canyon Road, east of Longwood Street.
The City Planning Commission approved Tentative Tract No. 10985 to expire
June 13, 1987. No action taken by Council.
149/142: ORDINANCE NO. 4724: Councilman Pickler offered Ordinance No. 4724
for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4724: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW
SUBSECTION .2300 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE
ANAMEIM MUNICIPAL CODE RELATING TO PARDLING AND STOPPING.
Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Kaywood, Overholt, Bay, Pickler and Roth
None
None
The Mayor declared Ordinance No. 4724 duly passed and adopted.
179: ORDINANCE NO. 4727: Councilman Koth offered Ordinance No. 4727 for
adoption. Refer to Ordinance Book.
ORDINANCE NO. 4727: 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. No. 85-86-07, RM-1200, 2545 West Broadway)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Overholt,
Bay, Pickler and Roth
The Mayor declared Ordinance No. 4727 duly passed and adopted.
179: ORDINANCE NO. 4730: Councilman Roth offered Ordinance No. 4730 for
first reading.
ORDINANCE NO. 4730: 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. 68-69-37(18), ML, 1150 North Red Gum Street)
498
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
127/128/112: CERTIFICATES OF PARTICIPATION: Councilman Bay stated he was
going to use his time under Council Comments to make a strong plea to the
Council to take another look at Certificates of Participation. He urged the
Council to re-read the Charter section discussing General Obligation Bonds and
Revenue Bonds (Section 1210). Regardless of the legality of Certificates of
Participation, it was his opinion that the intent of the Charter was that the
City would not borrow millions of dollars to do things, regardless how good
the cause, without going to a vote of the people. General Obligation Bonds
are not only controlled by the Charter and require a vote of the people but
also heavily and overly controlled by the JarvisAmendment. He felt the real
intent of the Charter on issuance of bonds, even those called Certificates of
Participation, was when they are being used for enterprise functions and as
they are now being used for the Convention Center or Stadium or for a known
direct line of revenue in an enterprise function. He did not feel that
violates the real intent. However, when Utility Revenue Bonds have to go to a
vote of the people, he asked the Council to reconsider the policies they have
been developing to issue Certificates of Participation, and in the case of the
most recent issue, without a revenue stream being defined. He also had
questions pertaining to the Council meeting of April 15, 1986 when they were
faced with looking at how they should be financing, or how the City was going
to make payments on the $29 million issue to a $16.8 million Police 2000
Project. In the next few weeks, he was going to propose that the Council put
a Charter amendment vote to the people in the coming November Election. If
they felt as he did relative to the intent of the Charter, he suggested
letting the people decide by placing a Charter amendment on the ballot that
includes Gerttftcates of Participation under Section 1210 of the Charter now
called Revenue Bonds and other than specific enterprise functions, that any
other Certificates go to a vote of the people before they are issued or money
is spent.
Councilman Bay then posed questions relative to the April 15, 1986 Council
meeting when the Police 2000 Project financing was on the agenda. The Council
put off for 60 days determining where the revenue stream was going to come
from to pay back the $29 million borrowed for the project. He was not against
the project but the fact that they have not determined the policy of how to
pay the $29 million.
City Manager Talley stated the issue that was sold was 529 million but staff
did not look at it as a 529 million issue. It was looking at a series of
projects adding up to that amount. One of the projects was approximately 55.6
million for the various auto center improvements funded by a revenue stream of
their own, plus the leasing fees on a per acreage basis. In talking about the
Police 2000 Project they were not considering those other projects. The staff
report on April 15, 1986 stated that approximately 52.2 million was needed for
the Police Project, and as a result of the 5700,000 deduction of that amount,
5200,000 from the police downsizing their requirements and taking 5500,000
from the Management Reorganization plan, leaves about 51.5 million. As a
result of the request by Council, staff looked at revenues accruing to the
City currently and are satisfied they are strong enough to support this.
Perhaps in a couple of years he will be identifying some other source, but
currently the project can be funded on a pay-as-you-go basis from current
revenues and doing Just as Councilman Bay said, by embarking on that austerity
499
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.M.
program with 51/2 million coming from the Management Reorganization Plan.
That was why he had taken the request for another funding source off the
agenda.
After additional discussion wherein Councilman Bay posed questions to the City
Manager relative to the comprehensive debt service schedule, Mr. Talley stated
he would do two things, on the 521 million issue, provide information to the
Council on how they got there and how they were paying that issue off.
Councilman Overholt, speaking to the City Attorney stated anticipating that.
Councilman Bay was going to propose a ballot measure on Certificates of
Participation, ask that the City Attorney be prepared to give the Council am
opinion on the legality of financing through Certificates of Participation as
they might be in violation of the letter or the spirit of the Charter.
149/140: CANYON LIBRARY - PAR~ING PROBLEM: Mayor Roth stated he had received
calls at his home relative to the parking situation at the Canyon Library. '~o
parking spaces were available for library patrons due to the fact that -"
students from Canyon High School were parking in the lot and walking to
school. Staff asked them not to park there but to no avail. He asked that
some type of parking limit be worked out to preclude students from parking in'
the lot.
166: POLITICAL SIGNS: Mayor Roth stated after the last discussion relative
to the blight of political signs in the City, he sent letters to all
candidates and asked them to remove their signs. He then referred to the
City's current ordinance on political signs and moved to have staff implement"
the ordinance.
Before action was taken, City Attorney Jack White stated that pursuant to
Council's direction, he had prepared two versions of potential sign ordinances
for Council to consider on next Tuesday's agenda.
Mayor Roth stated he wanted the current ordinance enforced wherein City crews
would go out and remove the signs and bill the respective candidates. He felt
it necessary to enforce the ordinance while awaiting the adoption of a
possible new ordinance. Councilman Overholt seconded the motion.
Councilman Bay spoke against the motion on the ~asis that he was hoping a
re-write of the ordinance would be submitted next week which could be speeded
up by making it an urgency ordinance which would allow any citizen in the City
to take down signs in the public right-of-way placed there illegally. He was
willing to look at the signs for a couple of weeks if the City could then get
them taken down at no cost.
After further Council discussion on the issue along with clarification from
the City Attorney on provisions to be contained in the proposed ordinance,
Councilman Overholt moved to continue the pending motion offered by Mayor Roth
for one week.
Mayor Roth withdrew his motion.
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City. Hall~ A-aheim~ California - COUNCIL HINUTES - June 24~ 1986~ 10:00 A.M.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
(3:52 p.m.)
AFT~ RECESS: The Mayor called the meeting to order, all Council Members
bein~ present. (4:55 p.m.)
106: ADOPTION OF THE FISCAL YEAR 1986/87 RESOURCE ALLOCATION PLAN: City
Manager Talley stated the final action relative the budget would be a motion
to adopt the Fiscal Year 1986/87 Resource Allocation Plan. Before doing so
one other item the Council may want to consider, the Council had in their
Council Contingency Fund for next year 5150,000. Originally there was also
the 5500,000 reduced by 5143,456 for the amounts appropriated to the various
community groups. In the current Council Contingency there was 5234,000. On
the 2-year budget plan what was generally done with the other departments was
to allow them to budget on a 24-month basis and carry forward unspent
amounts. Council might want to at least carry forward the 5143,000 and leave
the 5150,000 plus the 5500,000. Other departments would have been allowed to
do that. Staff was also going to be bringing in a new plan on some additional
expe=ditures in a few weeks. Right now the plan shows 5150,000 in the Council
Contingency and in the Special Account 5356,544. He suggested that they make
that figure 5500,000.
MOTION: Councilman Pickler moved to adopt the Fiscal Year 1986/87 Resource
Allocation Plan with the 5500,000 in the Council Contingency Fund.
Before action was taken, Mr. Talley explained for Councilman Bay that there
was $500,000 plus the 5150,000. The Council had the Special Infrastructure
Account of 5500,000 plus the normal Council Contingency of 5150,000.
Typically the 5500,000 would be reduced by the community groups but on a
2-year plan, unspent operating funds were being carried over.
Councilman Overholt seconded the motion.
Councilman Bay stated relative to the normal operational plans of monies
remaining in departmental budgets in carryover, he felt it was necessary to
take another look at the Charter about carryovers. There were some paragraphs
in the Charter stating that unspent monies not be carried over by departments;
Mr. Talley stated they have reappropriated all those amounts. They are not
technically carryovers but reappropriated.
A vote was then taken on the adoption of the Fiscal Year 1986/87 Resource
Allocation Plan:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Overholt, Pickler and Roth
Bay
None
ADJOURNMF2/T: Councilman Roth moved to adjourn to Friday, June 27, 1986 at
lO:O0 a.m. to consider the proposed agreement relative to the request of the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 24~ 1986~ 10:00 A.I~:.
Freedom Bowl Inc. regarding a loan of $250,000.
the motion. ~OTION CARRIED. (5:00 p.m.)
LEONORA N. SOHL, CITY
Councilwoman Kaywood secovded
5O2