1985/06/25City Hall~ Anaheim; California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCIL MEMBERS:
10:05 a.m.) and Roth
ABSENT:
PRESENT:
Kaywood, Bay, Pickler, Overholt (entered
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
ACTING CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
PURCHASING AGENT: Diane Hughart
ECONOMIC DEVELOPMENT MANAGER: Ron Thompson
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING:
Priest
FIRE CHIEF: Bob Simpson
Norman J.
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: Reverend David Beadles, Anaheim United Methodist Church, gave the
Invocation.
FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council to be presented to the Anaheim Arts
Council for their continued support of the Anaheim Parks, Recreation and
Community Services Department.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held June 11, 1985. Councilman Pickler seconded the motion.
Councilman Overholt was absent. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood 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. Councilman Overholt was absent. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,708,523.91, in
accordance with the 1984-85 Budget, were approved.
Councilman Overholt entered the Council Chamber. (10:05 a.m.)
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler,
seconded by Councilwoman Kaywood, 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
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City Hall} Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
offered Resolution Nos. 85R-245 through 85R-258, 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 Martha Madena for personal injury sustained
purportedly due to actions of the City on or about March 2-3, 1985.
b. Claim submitted by Alicia Matin for personal injury sustained
purportedly due to actions of the City on or about March 2-3, 1985.
c. Claim submitted by Paul Barry Rosenblum for personal injury
sustained purportedly due to actions of the City on or about March 3, 1985.
d. Claim submitted by J. W. Kirkman and Deborah Felsman for personal ·
injury sustained purportedly due to actions of the City on or about May 22,
1985.
4e. Claim submitted by George Terry Berzenye, dba Specialized Auto Repair
for personal property loss sustained purportedly due to actions of the City on
or about March 23, 1985.
f. Claim submitted by Daniel Earl McBee for personal injury sustained
purportedly due to actions of the City on or about May 27, 1985.
g. Claim submitted by Susan Baughman for property damage sustained
purportedly due to actions of the City on or about April 26, 1985.
h. Claim submitted by Frank Russo for property damage sustained
purportedly due to actions of the City on or about May 21, 1985.
i. Claim submitted by United Education & Software for property damage
sustained purportedly due to actions of the City on or about April 5, 1985.
J. Claim submitted by Leslie Anderson for property damage sustained
purportedly due to actions of the City on or about May 16, 1985.
k. Claim submitted by Dottie Thompson for property damage and bodily
injury sustained purportedly due to actions of the City on or about April 10,
1985.
1. Claim submitted by Thomas Longobardo for bodily injury sustained
purportedly due to actions of the City on or about April 12, 1985.
Claims recommended to be accepted:
m. Claim submitted by Bruce Ahrns et al. for property damages sustained
purportedly due to actions of the City on or about May 3, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
2. Receiving and filing the following correspondence: (on file)
a. 105: Community Services Board--Minutes of April 25 and May 9, 1985.
b. 105: Community Services Board, Park and Recreation Commission and
Youth Commission--Minutes of Joint meeting of May 7, 1985.
c. 105: Public Utilities Board--Minutes of May 16, 1985.
d. 107: Planning Department, Building Division Report--dated May 1985.
e. 105: Community Center Authority--Minutes of May 30, 1985.
f. 114: City of Fountain Valley Resolution No. 8033 supporting the
passage of Assembly Bill 1868 (Air Resources Board Membership).
3. 108: Approving the following applications in accordance with the
recommendations of the Chief of Police:
ae
108: Public Dance Permit, Nick Ramirez, for New Generation
Productions to hold a dance at the Anaheim Convention Center, July
3, 1985, from 8:00 p.m. to 1:00 a.m.
b. 108: Pool Room Permit, Dolores Ann Moore, to have 3 pool tables at
the Bavarian Inn, 2820 West Ball Road.
4. 123: Authorizin~ an access agreement with C.A.M.T., Inc., with an
annual license fee of $2,700, to allow vehicular access over City owned
property from South Anaheim Boulevard to the Anaheim Toyota facility located
on the east side of Anaheim Boulevard, south of Cerritos Avenue.
5. 156: Authorizing agreements with Merrill Lynch~ as Financial Advisor,
at a cost not-to-exceed ~57,500 for issuance cost of $52,000, plus a
not-to-exceed fee for Financial Advisor of ~5,500 and with Jones Hall Hill &
White, as Bond Counsel, at a cost not to exceed $25,000 plus out-of-pocket
expenses not-to-exceed ~1,000, as the financing team for the Police Department
expansion, Phase I, Certificate of Participation in an estimated amount of
$4,400,000.
Item trailed, to be discussed under budget deliberations at afternoon Council
session.
6. 123: Approving and authorizing the Human Resources Director to sign the
standard contract for the Job Training Partnership Act On-The-Job Program for
the term July 1, 1985 through June 30, 198§.
7. 123: Authorizing the City Attorney to send a Notice of Default to
Shelter Media Inc. for failure to install 25 bus shelters as agreed.
8. 123: Authorizing a lease agreement with Willdan Associates to lease
1,690 sq. ft. at a cost of ~1.25 per square foot to provide office space for
the Field Engineering Office, for a term of 3 years.
9. 123: Authorizing Amendment No. 1 to a cooperative agreement with the
Orange County Transportation Commission to fund the City Elevated Guideway
Marketing Feasibility Study, extending the term to September 30, 1985.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
10. 123: Authorizing the First Amendment to Agreement with Parsons,
Brinckerhoff, Quade and Douglas, Inc., to conduct the City Elevated Guideway
Marketing Feasibility Study, extending the term to September 30, 1985.
11. 106: Approving the West Anaheim Senior Citizens Center Rental Policy in
the amount of $16,357 for FY 1985/86 and $16,571 for FY 1986/87, User Permit
Form, and Fee Schedule in the amount of $15 per hour for the multipurpose room
and $9 per hour for the south meeting room; and appropriating $4,000 in rental
revenue for FY 1984/85 into Program 278, Senior Citizens
12. 123: Authorizing the Fourth Amendment to an agreement with Richards,
Watson, Dreyfuss and Gershon to increase the limit to $60,000 for specialized
legal services provided under the agreement, which are required by Human
Resources.
13. 123: Authorizing a lease agreement with JRH, Inc., at a cost of $2,178
per month per acre to be adjusted every 5 years in conformance with the
consumer price index, to permit a two automobile dealer auto center on
City-owned property located at the northeast corner of Weir Canyon Road and La
Palma Avenue (Shorb Wells), for a term of 25 years.
14. 123: Authorizing an amendment to the agreement with E. Del Smith and
Company, Incorporated, continuing their services as the City's Washington
Representative, for the term July 1, 1985 through June 30, 1986.
15. 123: Waiving Council Policy No. 401 and authorizing a contract with C0M
Consultants in an amount not to exceed $9,600 to design and prepare bid
specifications for the first phase of a voice/data transmission system to
replace thepresent network supplied by Pacific Bell.
16. 160: Authorizing the Purchasing Agent to issue a change order to Woody
Chevrolet in the amount of $6,805.84 for 29 split seats not included in the
original purchase of police vehicles.
17. 160: Authorizing the Purchasing Agent to issue a change order to GMC
Truck & Bus Group in the amount of $2,022.48 for the additional cost of smog
equipment on five 3/4 ton pickups and four cab/chassis not included in the
original purchase of vehicles.
18. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Computer Services Corporation in the amount of
$69,615.50 for six each Type 100 Controllers with Central Computer Interface
and Flow System, one each Police Control Panel, and one Railroad Pre-emption.
19a. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Hewlett-Packard in the amount of $73,561.43 for one
each HP-1000, A700 minicomputer, complementary equipment and training for use
in the Load Research Program, Utilities.
b. 160: Accepting the low bid of Sangamo Energy Management Division in the
amount of $237,519.50 for two hundred and fifty Solid State Recorders and two
City Hall~ Anaheim~ California - COUNCILMINUTES - JUNE 25~ 1985~ 10:00 A.M.
hand-held Reader Programmer, also including complete software and specified
options, in accordance with Bid No. 4219.
20. 160: Accepting the low bid of National Electric Company in the amount
of ~31,993.34 to test and reclaim transformer oil, in accordance with
Specification #E-84-85.
21. 160: Waiving council Policy 306 and authorizing the Purchasing Agent to
issue a purchase order to Motorola Communications and Electronics, Inc., in
the amount of ~42,596.10, in accordance with their quotation dated June 14,
1985.
22. 160: Accepting the low bid of General Electric Company in the amount of
$11,256.33 for twenty-six each polyphase meters, in accordance with Bid No.
4200.
23. 160: Accepting the bids of Westinghouse Electric Corporation in the
amount of $9,949.16 for one each, 500 KVA, three phase padmount transformer,
Item 1; and McGraw-Edison in the amount of ~12,620.36 for one each, 750 KVA,
three phase padmount transformer, Item 2, in accordance with Bid No. 4204.
24. 160: Accepting the bids of McGraw-Edison in the amount of ~14,802.90
for three each, 150 KVA three phase padmount transformers, Item 1; and
Westinghouse Electric Corporation in the amount of ~66,251.06 for two each,
300 KVA three phase padmount transformers, Item 2; one each 500 KVA three
phase padmount transformer, Item 3; three each, 500 KVA, 277 volt three phase
padmount transformer, Item 4; and one each 1500 KVA, 277 volt three phase
padmount transformer,..Item 5, in accordance with Bid No. 4205.
25. 160: Accepting the bid of Cunningham Company in an amount not to exceed
~31,980.94 for 3,000 feet of 15KV, 1000 KCMIL, XLP cable, in accordance with
Bid No. 4206.
26. 160: Accepting the low bid of Maydwell and Hartzell Incorporated in the
amount of $46,866.11 for fifty-two each Form 9-S meters, Item 1, fifty-two
each Form 10-S meters, Item 2, and forty each Form 2-S meters, Item 3, in
accordance with Bid No. 4208.
27. 160: Accepting the low bid of Amfac Electric Company in an amount not
to exceed ~39,730.43 for 4,860 feet of 15KV, U.R.D 750 KCMIL cable, in
accordance with Bid No. 4210.
28. 160: Accepting the low bid of Ted Case Painting in the amount of
~41,550.00 for repainting Katella Theme Tower and the "A" Frame arches over
the dome at the Convention Center, in a~cordance with Bid No. 4218.
29. 160: Accepting the low bid of Nobest Incorporated in the amount of
~32,835 to remove and replace approximately 13,000 square feet of concrete
pads at the Convention Center, in accordance with Bid No. 4220.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985, 10:00 A.M.
30. 160: Accepting the bid of West Coast Roofing Company in the amount of
526,250, plus options as required, for reroofing Entrance Canopy Gate 3 at the
Anaheim Stadium, in accordance with Bid No. 4227.
31. 174/106: Appropriating 5185,000 from Community Development Block Grant
Contingency Funds to Program No. 791.
164: RESOLUTION NO. 85R-245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE ORANGEWOOD AVENUE STORM DRAIN IMPROVEMENT
IN THE CITY OF ANAHEIM. (Awarding a contract to the lowest and best
responsible bidder, Mladen Buntich Construction Co., in the amount of
5443,162, for 0rangewood Avenue Storm Drain Improvement Project, Account No.
25-791-6325-E1440.
32. 169: RESOLUTION NO. 85R-246: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REJECTING ALL BIDS FOR THE HARBOR BOULEVARD STREET, WATER AND
SEWER IMPROVEMENT IN THE CITY OF ANAHEIM. (Rejecting all bids for the Harbor
Boulevard Street, Water and Sewer Improvement, Account Nos. 12-793-6325-E3760,
11-790-6325-E0580 and 52-606-6329-02246.)
33. 106: Appropriating an additional 5310,000 plus interest from Fund 17
State Highway Relinquishment and 568,000 of additional Section 2106 and 2107
Gas Tax Revenue to the Lincoln Avenue Street and Storm Drain Improvement,
Program No. 791.
169: RESOLUTION NO. 85R-247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE LINCOLN AVENUE STREET AND STORM DRAIN
IMPROVEMENT IN THE CITY OF ANAHEIM. (Appropriating an additional 5310,000
plus interest from Fund 17 State Highway Relinquishment and 568,000 of
additional Section 2106 and 2107 Gas Tax Revenue to the Lincoln Avenue Street
and Storm Drain Improvement, Program No. 791. (Awarding a contract to the
lowest and best responsible bidder, Nick Didovic Construction Company, in the
amount of 51,272,776.28 for the Lincoln Avenue Street and Storm Drain
Improvement, Euclid Avenue to Empire Street, Account Nos. 17-791-6325-E1360,
51-484-6329-00732, and 52-606-6329-02260.)
34. 129: RESOLUTION NO. 85R-248: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 85R-234 BY CHANGING THE DATE FOR
OPENING BIDS FOR THE CONSTRUCTION AND COMPLETION OF IMPROVEMENTS AT FIRE
STATION NO. 2 IN THE CITY OF ANAHEIM. (Amending Resolution No. 85R-234,
authorizing the construction and completion of a public improvement, Fire
Station No. 2, 2141 West Crescent Avenue, Account No. 935-6325, changing the
bid opening to July 25, 1985, 2:00 p.m.)
129: RESOLUTION NO. 85R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 85R-235 BY CHANGING THE DATE FOR OPENING BIDS
FOR THE CONSTRUCTION AND COMPLETION OF IMPROVEMENTS AT FIRE STATION NO. 3 IN
THE CITY OF ANAHEIM. (Amending Resolution No. 85R-235, authorizing the
construction and completion of a public improvement, Fire Station No. 3, 1580
South Clementine Street, Account No. 01-936-6325, changing the bid opening to
July 25, 1985, 2:00 p.m.)
477
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
35. 175: RESOLUTION NO. 85R-250: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE INSTALLATION OF WATER MAIN ON
AVENIDA DE SANTIAGO IN THE CITY OF ANAHEIM. (Awarding a contract to the
lowest and best responsible bidder, Steve Pandza Constructors, in the amount
of $114,863.75, for Installation of Water Main on Avenida de Santiago, Account
No. 54-605-6329-01615.)
36. 175: RESOLUTION NO. 85R-251: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE MODIFICATION OF WATER SYSTEM AT
KATELLA SUBSTATION IN THE CITY OF ANAHEIM. (Awarding a contract to the lowest
and best responsible bidder, Simich Construction Company, in the amount of
$19,850, for Katella Substation Underground Water, Piping Improvement, Account
No. 55-485-6430-01031.)
37. 169: RESOLUTION NO. 85R-252: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LA PALMAAVENUE STREET AND STORM
DRAIN IMPROVEMENT IN THE CITY OF ANAHEIM. (Awarding a contract to the lowest
and best responsible bidder, Blair Paving, Inc., in the amount of
$2,224,061.90, for the La Palma Avenue Street and Storm Drain Improvement,
Imperial Highway to 324 feet east of Grove Street, Account Nos.
46-793-6325-E3850, 46-791-6325-E1400, 46-791-6325-E1410 and 46-791-6325-E1430.)
38. 165: RESOLUTION NO. 85R-253: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACTS FOR THE CITRON STREET - CYPRESS STREET
ALLEYS AND HARBOR BOULEVARD - NORTH STREET ALLRYS, IN THE CITY 0FANAHEIM.
(Awarding a contract to the lowest and best responsible bidder, Emmanuel
Engineering, in the amount of $256,535.50, for the Citron Street - Cypress
Street Alleys, Harbor Boulevard - North Street Alleys, Account Nos.
24-793-6325-E3880 and.24-793-6325-E3890.)
39. 165: RESOLUTION NO. 85R-254: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AWARDING A CONTRACT FOR THE ORANGETHORPE AVENUE STREET AND
STORM DRAIN IMPROVEMENT, IMPERIAL HIGHWAY TO LAKEVIEW AVENUE AND ATCHISON
TOPEKA AND SANTA FE RAILROAD TO KRAEMER BOULEVARD, IN THE CITY OF ANAHEIM.
(Awarding a contract to the lowest and best responsible bidder, Sully Miller,
in the amount of ~1,228,516.60, for the Orangethorpe Avenue Street and Storm
Drain Improvements, Account No. 46-793-6325-E3840.)
40. 129: RESOLUTION NO. 85R-255: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO
WIT: FIRE STATION HEADQUARTERS - HVAC RENOVATION. (Accepting the completion
of construction of the Fire Headquarters Air Conditioning Renovation, Account
No. 75-252-6201, Kinney Air Conditioning Company, contractor, and authorizing
filing of the Notice of Completion therefor.)
41. 175: RESOLUTION NO. 85R-256: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL
PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL
WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT TO
WIT: CONSTRUCTION OF WATER MAINS IN BROOKHURST STREET, IN THE CITY OF
ANAHEIM, ACCOUNT NO. 54-605-6329-01740. (Accepting the completion of
construction of the Brookhurst Street 16 inch Water Main, Account No.
54-605-6329-01740, G. R. McKervey, Inc., contractor, and authorizing filing of
the Notice of Completion therefor.)
42. 158: RESOLUTION NO. 85R-257: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE SALE OF CERTAIN REAL PROPERTY. (Accepting the
offer of Norbert A. Waters to purchase a 2-foot strip of City excess land
located on the north side of Ball Road, east of Sunkist Street.)
43. 158: RESOLUTION NO. 85R-258: ARESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION.
44. 123: Authorizing an agreement with CONSUL, Ltd., in an amount not to
exceed $10,000 plus reimbursable expenses, to provide consulting services in
connection with a study of the technical and economic feasibility of
alternatives to the current system of telephone services provided to tenants
and their exhibitors at the Anaheim Convention Center, to be completed within
90 days.
Roll Call Vote on Resolution Nos. 85R-245 through 85R-258:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Re~olution Nos. 85R-245 through 85R-258 duly passed and
adopted.
End of Consent Calendar. MOTION CARRIED.
123: PARKING CITATION MANAGEMENT SYSTEM: Accepting the bid of Vertical
Management Systems and authorizing the execution of a contract to provide a
parking citation management system for a period of one year with options to
extend for two additional years, in accordance with Bid No. 4215 as
recommended in memorandum dated June 13, 1985 from Diane Hu§hart, Purchasing
Agent.
Mr. Gary Ward, Vice President, Datacom Systems Corporation, 303 West Katella,
Orange, first gave a brief history of their services and experience over the
past four years during which time Datacom Systems had the parking citation
management system contract with the City of Anaheim. He wanted to convince
the Council Members today that the real issue relative to the contract was not
one of cost savings, but of potential lost revenue to the City due to changing
contractors. The City potentially could lose 510,000 to ~12,000 by making the
change and possibly ~100,000 to 5200,000 if the collection rate dropped even
10 percent.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
City Manager, William Talley, in response to the Mayor, explained why staff
was recommending Vertical Management Systems (see subject staff report) along
with the fact that the recommended company was iow bidder. He also answered
statements made by Mr. Ward in his presentation. In concluding, he stated he
had no reason to recommend that the Council not award the contract to the low
bidder, the term of the contract being one year. However, if the contractor
was found not to be performing, he would be requesting that the City Attorney
take steps to terminate the contract based upon such nonconformance.
Jack White, Acting City Attorney, explained if the contractor failed to
perform, it would constitute a breach of the contract. This contract was no
different from most in that it did not define specifically reasons which would
justify or authorize termination of the contract for a breach. The agreement
was for one year and provided in Exhibit B that the City would have the right
to renew at the same price for an additional second and third year without any
increase. It did not provide for a minimum level of citations to be collected.
Mr. Don Spiro, Vertical Management Systems, then spoke to some of the issues
raised by Mr. Ward. In answer to the Mayor, he also stated he would not
object to any type of bonding but believed that that was a part of the
contract and that the contract could be cancelled on 30 days notice.
Mr. White stated the existing proposed agreement contained a ~60,000
performance bond requirement. In addition, based upon the representation by
the representative from Vertical Management, a provision would also be
included that the contract would be terminable on 30 days notice. That
provision was currently not in the contract.
Mr. Spiro stated he believed it was and in any case, he agreed to it and had
the authority to do so for the company.
MOTION: Councilman Pickler moved to accept the bid of Vertical Management
Systems authorizing the execution of a contract to provide a parking citation
management system for a period of one year with options to extend for two
additional years in accordance with Bid No. 4215 as recommended in memorandum
dated June 13, 1985 from the Purchasing Agent and providing that the contract
be amended to include a 30 day cancellation clause as stipulated by the
representative of Vertical Management Systems. Councilman Overholt seconded
the motion. MOTION CARRIED.
184: PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY: City Manager Talley
requested confirmation by the Council of the subject proclamation which he
signed on June 23, 1985 as City Manager and Director of Emergency Services as
a result of the fire at the Larry Fricker Company involving toxic chemicals.
MOTION: On motion by Councilman Pickler, seconded by Councilman Overholt, the
City Council confirmed and proclaimed the existence of a local emergency and
ratified the Proclamation of Existence of a Local Emergency issued by the City
Manager and Director of Emergency Services, City of Anaheim, June 23, 1985.
MOTION CARRIED.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Overholt asked if this was the time Council was going to be brought
up-to-date on the disaster since he felt it appropriate that the public be
informed sometime today due to the many calls Council had received.
City Manager Talley stated he had requested the Fire Chief to brief the
Council in closed session on items that were not public but would also be
happy to have Chief SimPson give a public briefing today.
Later in the meeting (1:42 p.m.), Fire Chief Bob Simpson updated the Council
on the status of the situation which occurred at 1421 North State College
Boulevard (Larry Fricker Company) which began at approximately 10:30 p.m.
Saturday, June 22, 1985 involving a number of hazardous chemicals,
insecticides and pesticides. The United States Environmental Protection
Agency, after getting a declaration from the owner of the property, joined
with the Anaheim Fire Department on Monday, June 24, 1985. Although the
situation was expected to be under control, thmt was not the case as of this
time. He was just handed another message that Santa Ana winds were predicted
for tomorrow and if that occurred and the situation was not under control, the
area evacuated would have to be reversed. A strategy meeting was scheduled for
5:00 p.m. to determine whether or not evacuees would be allowed to return to
the area. Although there were a number of injuries, none were serious. At
last count, some 19 agencies were involved, local, county, state and now
federal.
123: CARL WARREN & CO. - AGREEMENT FOR CLAIMS ADMINISTRATION: Councilman
Roth moved to authorize an agreement with Carl Warren & Co. for claims
administration at a cost not to exceed ~52,600 for the term July 1, 1985
through June 30, 1986 as recommended in memorandum dated June 18, 1985 from
Jack White, Acting City Attorney. Councilwoman Kaywood seconded the motion.
MOTION CARRIED.
105: APPOINTMENTS TO FILL TERMS EXPIRING JUNE 30~ 1985 ON BOARDS AND
COMMISSIONS: (Community Redevelopment Commission, Community Services Board,
Housing Commission, Industrial Development Board, Library Board, Planning
Commission, Public Utilities Board, Senior Citizens Commission).
Mayor Roth asked if the Council was prepared to make appointments today or if
appointments should be continued to the next Council meeting, July 9, 1985,
also due to the heavy agenda to be considered today.
MOTION: Councilman Pickler moved to continue appointments to fill terms
expiring June 30, 1985 on Boards and Commissions to Tuesday, July 9, 1985.
Councilman Overholt seconded the motion. MOTION CARRIED.
Before concluding, Mayor Roth noted that Stella Sandoval had submitted her
resignation as a member of the Housing Commission because she and her husband
were moving to Sacramento to fill appointments made by the Governor. He asked
the City Clerk to prepare a letter from the Council to thank her for her years
of service to the Anaheim community.
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City Hall; Anaheim; California - COUNCIL MINUTES - JUNE 25; 1985~ 10:00 A.M.
105: PROJECT AREA COMMITTEE: Gary Masciel, Chairman, requesting renewal of
the Charter for the Project Area Committee, confirming reappointment and
re-election of current members; and appointments to fill two vacancies, of
appointed members. (One elected member vacancy still exists).
Jack White, Acting City Attorney, confirmed for Councilwoman Kaywood that the
right of the Project Area Committee (PAC) to remain in existence would not
expire on June 30, 1985. There was no urgency requiring that the Council take
action prior to July 9th.
MOTION: Councilman Pickler moved to continue renewal of the PAC Charter and
confirming reappointment and election of current members to Tuesday, July 9,
1985. Councilman Roth seconded the motion. MOTION CARRIED.
108: APPLICATION FOR PUBLIC DANCE PERMIT - ANAHEIM DANCE PROMOTIONS:
Councilman Roth moved to approve the application for a Public Dance Permit
submitted by Cruz Munoz Frias for the Anaheim Dance Promotions to hold a dance
at the Anaheim Convention Center on July 6, 1985, from 6:00 p.m. to 1:00 a.m.
as recommended by the Chief of Police. Councilman Pickler seconded the
motion. MOTION CARRIED.
108: APPLICATION FOR PUBLIC DANCE PERMIT - EL TORITO RESTAURANT: Councilman
Roth moved to approve the application for a PublicDance Permit submitted by
Abelardo Cuellar Escobedo, for the E1 Torito Restaurant, Who Song's and
Larry's Cantina, 2020 East Ball Road, on June 26, 1985 from 9:00 p.m. to
1:00 a.m. as recommended by the Chief of Police. Councilman Pickler seconded
the motion. MOTION CARRIED.
113: DESTRUCTION OF CITY RECORDS: Councilman Pickler offered Resolution No.
85R-259 for adoption. Refer to Resolution Book.
RESOLUTION NO. 85R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DESTRUCTION OF CITY RECORDS MORE THAN TWO YEARS OLD.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 85R-259 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 10, 1985, pertaining to the
following applications were submitted for City Council information.
NOTE: 22-DAY APPEAL PERIOD EXPIRES TUESDAY, JULY 2, 1985, 5:00 P.M.
1. VARIANCE NO. 3484: Application submitted by Patricia N. Sahagun, to
construct a second detached single-family residence on RM-2400 zoned property
located at 1003 East Broadway, with the following Code waivers: (a) minimum
building site area, (b) minimum floor area, (c) minimum side yard setback.
482
City Ha!l~ An~heim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
The City Planning Commission, pursuant to Resolution No. PC85-146, granted
Variance No. 3484, and granted a negative declaration status.
2. RECLASSIFICATION NO. 84-85-39 AND VARIANCE NO. 3488: Application
submitted by Herbert Arthur Tanner, et al, for a change in zone from
RS-A-43,000 to RM-1200, to construct an 82-unit apartment complex, on property
located at 3534 West Ball Road, with the following Code waivers: (a) maximum
structural height, (b) maximum number of bachelor units.
The City Planning Commission, pursuant to Resolution No. PC85-147 and 148,
granted Reclassification No. PC85-147 and 148, and granted a negative
declaration status.
3. CONDITIONAL USE PERMIT NO. 2699: Application submitted by Bernard B. and
Florence Roth, to construct a convenience market with off-sale beer and wine
and gasoline sales on CL zoned property located at 3450 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC85-150, denied
Conditional Use Permit No. 2699, and granted a negative declaration status.
4. VARIANCE NO. 3491: Application submitted by Dale I. Sellon, (Kentucky
Fried Chicken), to expand an existing restaurant on CL zoned property located
at 322 South Brookhurst Street, with Code waiver of minimum number of parking
spaces.
The City Planning Commission, pursuant to Resolution No. PC85-151, granted
Variance No. 3491, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2326 (READV) - EXTENSION OF TIME: Application
submitted by Antranik 0zbag, requesting a one year extension of time or
deletion of Condition No. 7 of Resolution No. PC82-83 pertaining to required
extensions of time to retain a veterinary hospital on CL zoned property
located at 116 South Magnolia Avenue.
The City Planning Commission, pursuant to Resolution No. PC85-153, approved
deletion of Condition No. 7 of Resolution No. PC82-83. Negative declaration
status was previously approved.
§. CONDITIONAL USE PERMIT NO. 1838 - EXTENSION OF TIME: Application
submitted by Mike Lin, Chao, 'Inc., (Travelers World RV Park), requesting a one
year extension of time or deletion of Condition No. 5 of Resolution No.
PC78-113 pertaining to required extensions of time to retain a tent camping
facility in an existing recreational vehicle park on CL zoned property located
at 333 and 475 West Ball Road.
The City Planning Commission, pursuant to Resolution No. 85R-154, granted an
extension of time to Conditional Use Permit No. 1838, to expire May 22, 1986.
7. CONDITIONAL USE P~LMIT NO. 2442 - TERMINATION: Application submitted by
Bob Mills, requesting termination of Conditional Use Permit No. 2442, to
permit on-sale beer and wine in a proposed semi-enclosed restaurant at 1750
483
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
West La Palma Avenue, as a condition of approval of Conditional Use Permit No.
2670.
The City Planning Commission, pursuant to Resolution No. PC85-155, terminated
Conditional Use Permit No. 2442.
8. VARIANCE NO. 1189 -.TERMINATION: Application submitted by James Mohler,
requesting termination of Variance No. 1189, to operate an F. W. Woolworth
Company garden center for outdoor display and retail sales on property located
at 134 South Western Avenue, as a condition of approval of Reclassification
No. 84-85-13.
The City Planning Commission, pursuant to Resolution No. PC85-156, terminated
Variance No. 1189.
9. VARIANCE NO. 2109 - TERMINATION: Application submitted by Carl N. and
Donald Karcher, Carl Karcher Enterprises, requesting termination of Variance
No. 2109, to construct an addition to an existing service station on ML zoned
property located at 3110 East La Palma Avenue, as a condition of approval of
Conditional Use Permit No. 2609.
The City Planning Commission, pursuant to Resolution No. PC85-157, terminated
Variance No. 2109.
10. 170: TENTATIVE TRACT NO. 10962 - WAIVER OF HILLSIDE GRADING ORDINANCE:
Application submitted by Boulevard Enterprises, requesting waiver of the
Hillside Grading Ordinance as it relates to the location of manufactured
slopes within residential lots in Tract No. 1097, located within Anaheim Hills
area, northwest of Stage Coach Road and Nohl Ranch Road.
The City Planning Commission recommended approval of the waiver of Hillside
Grading Ordinance. A public hearing is scheduled before the City Council on
July 9, 1985 at 1:30 p.m.)
11. RECLASSIFICATION NO. 84-85-32(READV.) AND VARIANCE NO. 3487: Application
submitted by Severiano J. and Ruth Ann Perez, for a change in zone from
RS-A-43,000 to RM-1200, to construct a 52-unit apartment complex on property
located at 3153, 3157 and 3163 West Ball Road, with Code waiver of maximum
buildin~ height.
The City Planning Commission, pursuant to Resolution Nos. 85R-144 and 145,
granted Reclassification No. 84-85-32 (Readv.) and Variance No. 3487, and
granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
12. CONDITIONAL USE PERMIT NO. 2698: Application submitted by Smooke & Sons
Investment Co., to permit a truck sales and service agency and lot on ML zoned
property located at 620 East Katella Avenue, with the following Code waivers:
(a) required improvement of outdoor storage areas, (b) minimum number of
484
Ogg
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25, 1985~ 10:00 A.M.
parking spaces, (c) maximum fence height, (d) required enclosure of outdoor
USES.
The City Planning Commission pursuant to Resolution No. PC85-149, granted
Conditional Use Permit No. 2698, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
13. VARIANCE NO. 2694 (READV.) - EXTENSION OF TIME: Application submitted by
HOWARD FARRAND, (FARRAND ENTERPRISES, INC.), requesting a two year extension
of time or deletion of Condition No. 2 of Resolution No. PC75-90 pertaining to
required extension of time to retain outdoor storage of shipping containers on
ML zoned property located at 518-526 South Rose Street.
The City Planning Commission pursuant to Resolution No. PC85-152 granted an
extension of time to Variance No. 2694 (Readv.), to expire April 28, 1987 and
ratified the Planning Director's categorical exemption determination.
(Class 5).
A review of the Planning Commission's decision was requested by Councilwoman
Kaywood and, therefore, a public hearing would be scheduled at a later date.
End of Planning Commission Information Items. MOTION CARRIED.
178/162: ORANGE COUNTY WATER DISTRICT - WATER CONSERVATION: August F.
Lenain, Board of Directors, Orange County Water District - letter dated June
12, 1985.
Mayor Roth recommended that the Public Information Office publicize to the
City's citizens the need for water conservation measures to be taken. The
year 1985 will also be the first year Southern California would experience the
approximate 51 percent loss of water which would no longer be supplied by
Arizona.
Councilman Pickler then reported on a meeting he attended of the Water
Advisory Committee of Orange County relative to optimizing the use of Prado
Dam. A program had been produced which the Board would like to show to the
Council, an approximate 10 to 15 minute presentation in the near future.
Councilwoman Kaywood offered Resolution No. 85R-260 for adoption. Refer to
Resolution Book.
178/162: RESOLUTION NO. 85R-260: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM SUPPORTING PRADO RESERVOIR WATER CONSERVATION.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-260 duly passed and adopted.
485
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
108: HA PENNY INNS: Pete Ntjjar, NiJJar Realty, Inc., requesting waiver of
the penalty due on the audit of Ha Penny Inns #l and #2, located at 2630 and
2748 West Lincoln Avenue per Audit No. 84270. Submitted was a report dated
June 18, 1985 from the Transient Occupancy Tax Hearing Officer, Ron Thompson,
recommending that the City Council uphold the findings of the City's internal
auditors and the City Hearing Officer for the tax penalty of 32,038.19.
Mr. Pete Nijjar, 4900 Santa Anita Avenue, E1 Monte, explained the problem was
due to a clerical mistake by the desk clerk, who in some cases, showed the bed
tax and room rate together as one amount and the paperwork went to the main
office for them to figure out the bed tax. Since there was no figure shown
for the bed tax, the bookkeeper was under the understanding that there was no
bed tax due on certain amounts. He had a copy of the receipts giving a sample
why the mistake was made. Further, there was another misunderstanding by the
desk clerk or the manager where anybody who stayed for more than 30 days was
not subject to bed tax. It was a new venture for them in 1981-1982 and they
had that same understanding. After the audit, they found out if the rooms
were rented by some company the same individuals had to stay in those rooms
and they would not be subject to bed tax. They had already paid the back bed
tax with interest but felt in view of the clerical mistake made, the penalty
should be waived.
Ron Thompson, Transient Occupancy Tax Hearing Officer, stated in answer to the
Mayor, that the Hearing Officer did not have Jurisdiction to waive the penalty
which could only be considered by the Council. He would concur with the
statements Mr. NiJjar made today. He also clarified for Councilwoman Kaywood
that he heard nothing at this time that was not discussed at the hearing.
Councilwoman Kaywood then asked if Mr. Thompson, as the Hearing Officer, had
the ability to waive the penalty would he recommend waiving it; Mr. Thompson
answered that he would have strongly considered it.
Mr. Nijjar then relayed the following information as a result of questions
posed by Council Members: the motels were purchased in 1981 and are the only
ones they owned. They had not owned any motels in Anaheim before. The
percent of patrons at the motel for more than 30 days is approximately 60
percent in June, July and August and thereafter approximately 70 percent. The
two motels had been sold as of December, 1984 and January, 1985.
MOTION: Councilman Overholt moved that the penalty in the amount of 32,038.19
be waived incorporating the finding that waiving of the penalty is necessary
to avoid a substantial injustice to the motel operator. Councilman Pickler
seconded the motion.
Before a vote was taken, Councilman Bay expressed his concern about setting a
precedent and, if approved, if it would open the Council up to every clerical
error on future penalties; Jack White, Acting City Attorney, stated legally
each case would stand on its own merits but practically it was a decision the
Council was going to have to make.
486
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman 0verholt stated that the penalty was punitive in nature and imposed
to avoid mistakes based upon intentional acts. In this instance, the
principals had no prior experience in motel ownership in Anaheim.
Councilwoman Kaywood, speaking against the motion, stated while an action does
not necessarily create a precedent, the Council was aware of how well
researched such actions were by others asking for similar requests. Further,
a number of businesses that were supposed to be motels had become substandard
apartments and a way of getting around Transient Occupancy Tax. She felt the
Council should abide by the findings of the Hearing Officer.
A vote was then taken on the foregoing motion. Councilwoman Kaywood voted
no. MOTION CARRIED.
151: SPECIAL EVENTS PERMITS - REQUEST FOR CODE AMENDMENT: Monica Diedrich,
requesting consideration of an amendment to Chapter 18.05 of the Municipal
Code pertaining to length of time and number of Special Events Permits.
Submitted was a report dated June 12, 1985 from the Assistant Director for
Zoning, Annika Santalahti, recommending that no changes be made to the current
Code pertaining to special events (flags and banners) permits.
Mayor Roth referred to letter dated May 3, 1985 from Mortice Diedrich,
Executive Vice President of the Video Station asking for consideration of the
proposed amendment. He asked if she or any other representative was present
to speak to the issue; no one was present.
City Clerk, Lee Sohl, stated that Miss Diedrich had been advised of the
meeting.
MOTION: COuncilman P~ckler moved to deny the request by Video Station for
consideration of an amendment to Chapter 18.05 of the Municipal Code
pertaining to the length of time and number of special events permits in
accordance with the recommendations of staff in their staff report of June 12,
1985. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
170: FINAL MAP TRACT NO. 12147: Developer, The Prado Corporation; Tract is
located southeast of Serrano Avenue and relocated Hidden Canyon Road and
consists of a 9-lot, RS-HS-1000(SC) zoned subdivision.
On motion by Councilman Roth, seconded by Councilman Overholt, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's Ceneral Plan and the City Council approved Final
Map Tract No. 12147, as recommended by the City Engineer in his memorandum
dated June 14, 1985, subject to the following conditions: 1) Approval of the
"Open Space Agreement" by the City Attorney and 2) Payment of the Special
Facilities Fee to the Water Utility Division. MOTION CARRIED.
179: ORDINANCE NO. 4622: Councilman Roth offered Ordinance No. 4622 for
adoption. Refer to Ordinance Book.
487
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
ORDINANCE NO. 4622. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE
DEFINITION OF "STORY" AS SET FORTH IN SECTION 18.01.200 OF CHAPTER 18.01 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Ordinance No. 4622 duly passed and adopted.
179: ORDINANCE NO. 4623: Councilman Pickler offered Ordinance No. 4623 for
adoption. Refer to Ordinance Book.
179: ORDINANCE NO. 4623: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .293 OF SECTION 18.45.050 OF CHAPTER 18.45, ADDING SUBSECTION .274
TO SECTION 18.46.050 OF CHAPTER 18.46, ADDING SUBSECTIONS .433 AND .613 TO
SECTION 18.61.050 OF CHAPTER 18.61 AND ADDING SUBSECTION .373 TO SECTION
18.63.050 OF CHAPTER 18.63, ALL OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE,
RELATING TO ZONING. (pertaining to self-storage facilities (commercially
operated)
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Ordinance No. 4623 duly passed and adopted.
179: ORDINANCE NO. 4624: Councilman Roth offered Ordinance No. 4624 for
first reading. Refer to Ordinance Book.
ORDINANCE NO. 4624: 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. 83-84-31, CO, 250 East Ball Road. (from
RS-A-43,000 and RS-5000)
179: ORDINANCE NO. 4625: Councilman Bay offered Ordinance No. 4625 for first
reading. Refer to Ordinance Book.
ORDINANCE NO. 4625: 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. 65-66-24(32), ML, 3901 East Coronado Street.
(from RS-A-43,000)
179: ORDINANCE NOS. 4626~ 4627 and 4628: Councilman Roth offered Ordinance
Nos. 4626, 4627 and 4628, both inclusive, for first reading.
488
City F, 11; Anmh-~m~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
ORDINANCE NO. 4626: AN ORDINANCE OF THE CITY OF ANAKEIMAMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RRIATING TO ZONING.
(Amending Title 18, Reclass. 79-80-25(4), RM-3000(SC), southwest of Nohl Ranch
Road, north of City limits. TT 10973)
ORDINANCE NO. 4627: 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, Reciass. 82-83-4, RM-1000, 2925 West Lincoln Avenue,
Lincoln-Beach Mobile Manor Park. (from RM-1200, CL and RS-A-43,000)
ORDINANCE NO. 4628: 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. 84-85-10, RM-1200, 1235 East Lincoln Avenue.
(from CL)
144: EASTERN FOOTHILL CORRIDOR: Councilman Bay reported on the meeting he
attended on Thursday, June 20, 1985 in the City of Orange where the cities
involved considered a number of suggestions that came out of the City
Attorney's meeting on the Joint Powers Authority (JPA) and also on the
framework for the ordinance for fee processing. There was no change in
consensus to stay with the two-tier zone in the group that was represented.
Additional information would be finalized by staff. He referred to the report
dated June 20, 1985 from Joel Fick. The next meeting was scheduled for
Friday, June 28, 1985 at the Saddleback Inn with the County and the City the
goal being for each of the representatives to commit that they were to take
all the documentation back to their cities and recommend their acceptance by
their city councils. He read that morning that the City of Irwine had an
initiative in process with signatures being collected opposing Irvine Joining
or paying for corridors. Without Irvine in the JPA might cause considerable
delays to some of the'actions the cities had in mind.
144: JOINT AND SEVERAL LIABILITY: Councilman Bay referred to a letter from
the City of Palm Desert along with a copy of SB-75 (Foran) including a news
release talking about the effect of joint and several liability and what it
was doing to cities across the State. The City had agreed to take some
actions urging Sacramento to make some changes not only from the City directly
but also via the League of Cities. The public had to be informed and also
encouraged to do something about the unreasonableness of Joint and Several
Liability and what it was costing the taxpayers and that they start working on
public knowledge withLn the City and whatever could be done to inform citizens
on the increased costs of Joint and Several Liability.
Councilman Overholt explained that the Joint and Several Liability concept
stated even if an entity was nominally liable and nobody else had any money
and the City was 15 percent liable, the City had to pay for the whole bill.
When comparative negligence was introduced in California, it neglected to deal
with the question of where there was only one responsible defendant
financially who was only minimally negligent but because of Joint and Several
Liability that defendant could be called upon to pay the whole bill. That
seemed unfair and perhaps the ultimate results would be no-fault insurance.
Somehow there had to be comparative financial responsibility and the present
bills dealt with that.
489
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Bay stated those bills were not going anywhere; Councilman Pickler
stated it was because of House Speaker Willie Brown and pressure needed to be
brought to bear on Mr. Brown.
RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session was going
to be held with the City's Attorneys for the following purposes: (a) To
confer with its attorney regarding pending litigation pursuant to Government
Code Section 54956.9(a), to wit: (i) Golden West Baseball Company v. City of
Anaheim, Orange County Superior Court Case No. 40 92 46, etc.; (b) To consider
personnel matters pursuant to Government Code Section 54957; (c) To consider
labor relations matters pursuant to Government Code Section 54957; (d) To
consider such other matters as are orally announced by the City Attorney or
City Manager prior to such recess un.less such motion to recess indicates any
of such matters will not be considered in closed session; (e) To consider a
matter of potential litigation pursuant to Government Code Section 54956.9B1
instead of discussing matters of public security as previously announced.
MOTION: Councilman Roth moved to recess into Closed Session and a lunch
break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:28 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
184: Fire Chief, Bob Simpson gave his update on the emergency as previously
covered.
Mayor Roth temporarily left the Council Chamber. (1:50 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2660AND NEGATIVE
DECLARATION:
APPLICANT: Cabot, Cabot & Forbes
2390 East Orangewood, Suite 380, Anaheim 92806
ZONING/LOCATION/REQUEST: To expand a recr~ional vehicle park on RS-A-43,000
zoned property located at 2760 West Lincoln Code waiver of
required setback in special areas. ~nu~i~
PLANNING COMMISSION ACTION: Resolution No. PC85-118 denied Conditional Use
Permit No. 2660, approved EIR - negative declaration.
HEARING SET ON:
Appealed by the applicant - letter dated May 22, 1985 from Willard E. Dunlap
of Cabot, Cabot & Forbes.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin June 13, 1985.
Posting of property June 14, 1985.
Mailing to property owners within 300 feet - June 13, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated May 13, 1985.
**To permit an industrially related two-story office complex on ML(SC) zoned
property located on the northwest corner of La Palma Avenue and Richfield Road.
490 ~,.~. ~
City N, 11~ A,~-be~,.~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
APPLICANT'S STATEMENT:
Bill Dunlap, Cabot, Cabot & Forbes.
The uses his company would like to see approved are compatible with the
industrial users in the subject area. The amendment of the Code adopted by
the Council under Ordinance No. 4585 on April 2, 1985, which allowed them to
proceed with the Conditional Use Permit was brought forward under the
guidelines that those uses were the uses they were looking forward to putting
in that area and they were compatible. Present today were representatives
from Dunn Properties, Santa Fe Industries and the brokerage community who
represented them in leasing and selling their projects.
STAFF INPUT AND ANSWERS TO COUNCIL QUESTIONS:
Annika Santalahti, Assistant Director for Zoning.
Staff did not make a recommendation but the list is similar to others that
have been submitted prior to the current Code terminology that the Conditional
Use Permit was processed under. The Code amendment was designed with the hope
and intention that it would be a tied of use of service to the industrial area
and not particularly attractive to the passing traffic. In this case, it is a
much more open CUP application and all tenants cannot be identified at this
time. They were hoping to devise a list so that when anybody applied for a
business license, these would be the categories approved and preclude having
to come in for individual CUP's on the property. The Planning Commission's
expectation was that as each tenant came in, some uses would be valid and some
might be on the list but should apply for that given business.
Councilwoman Kaywood.
She noted some of the office uses expanded in the list. The City Attorney had
a problem with it and there was discussion at the Planning Commission where
the Commission did have a problem with staff making the final determination.
Bill Dunlap.
The expanded list of the extra 18 uses are not Just to be added to the other
uses in the }fL zone, but would be an attachment with special requirements that
they be recorded with the County as a restriction on the property. These
specific 18 uses would be denied by some binding covenant to the property
which was an extra control factor. They were looking at the
expanded uses as component parts of a larger user - support people and things
that tied in with a large user in one area.
Jack White, Acting City Attorney.
The request is for a Conditional Use Permit to approve the list of uses in the
proposed office building which, if the list is approved, any use that fits any
of the 18 categories would then be allowed to locate within the building.
Under the Zoning Code, the section authorizing such office uses provides that
office uses can be permitted by CUP where they are found to primarily serve
and be compatible with industrial uses. It is incumbent upon the City Council
in approving a CUP in the Canyon Industrial Zone to make a finding the use
being permitted does comply with the language with that section, that it is,
in fact, primarily serving and compatible with the industrial uses. The legal
difficulty he saw was that in looking at the 18 uses, he could not tell
without knowing exactly what the intent is going to be whether or not any one
or more of the uses actually meets the test required in the Zoning Code. It
491
City Hallt Anaheimt California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
was a decision the Council was going to have to make based upon evidence
presented. Relative to the uses he was more comfortable with of the 18, some
were marked with an asterisk indicating the Planning Department determined
those uses may be permitted uses under the zone already and thus allowed as a
matter of right. As to the others not marked, he had not gone through them to
try to differentiate those which he felt were solely industrial but most were
of a nature that would lend themselves depending upon the particular tenant as
being industrial in nature or not industrial in nature.
Councilman Bay.
The real issue and why the Planning Commission voted denial was over the issue
of whether the applicant had to obtain an individual CUP and come before the
Planning Commission and Council if the Council chose to hear it vs. going to
staff. The concern of the Planning Commission and Council in adding the 18
uses should be would they automatically become permitted uses on the judgment
of staff. The Planning Commission was saying they did not want that Judgment
left with Just the staff.
Bill Dunlap.
After further discussion with Councilman Bay, he explained if the list is
approved, the use would have to fall within the criteria. The list was one
they developed because those were the uses they saw happening. They would
feel very comfortable with the list and he did not see that they would be
appealing any of the uses because they did not see any clients or tenants
outside of the list at the present time.
Annika Santalahti, Assistant Director of Zoning.
When someone came to the Planning Department, they categorized their use in
some way. In the Ind6strial Zone, someone could have an office use and would
meet one of the uses indicated with an asterisk and staff would okay that
use. Others might not explain the situation and be denied. Generally
speaking, she was not uncomfortable with the list.
PUBLIC DISCUSSION - IN FAVOR:
Clyde Stauff, Seely, 65 City Drive, Orange and Ray Shurmak, Dunn Properties,
28 Brookhollow Drive, Santa Aha, both spoke in favor and support of the
subject CUP application.
COUNCIL ACTION:
The Mayor closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Pickler, seconded by Councilman Overholt, 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. 85R-261 for adoption reversing the
findings of the City Planning Commission and approving Conditional Use Permit
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
No. 2660 subject to interdepartmental recommendations. Refer to Resolution
Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 2660.
Before a vote was taken,' Councilman Bay asked the City Attorney if he saw any
pitfalls.
Jack White, Acting City Attorney.
If the Council wishes to vote affirmatively, he recommended that approval
incorporate the necessary findings, i.e., that the enumerated uses primarily
serve and are compatible with industrial uses pursuant to the requisite
section in the Zoning Code. They should also incorporate the
interdepartmental conditions and modify Condition No. 15 (list of 18 uses) and
add language - that each individual use shall require the approval of the
Planning Department prior to occupancy which approval shall only be given
where it is demonstrated by the applicant that such use is either an expressly
permitted use in such zone or meets the criteria in Section 1861.050.605 and
that a recorded covenant shall so provide.
After Mr. White affirmed his foregoing statement, Mr. Dunlap stated that he
had no problem with that.
A vote was then taken on the foregoing resolution amended as articulated.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-261 duly passed and adopted.
179: CONDITIONALUSE PERMIT NO. 2648AND NEGATIVE DECLARATION:
APPLICANT: Jay D. and Barbara E. Cowan
3030 Breakers Drive, Corona Del Mar, California 92625
ZONING/LOCATION/REQUEST:
To expand a recreational vehicle park on RS-A-43,000 zoned property located at
2760 West Lincoln Avenue, with Code waiver of required setback in special
areas.
PLANNING COMMISSION ACTION:
Resolution No. PC85-109 granted Conditional Use Permit No. 2648, approved EIR
- negative declaration.
HEARING SET ON:
Appealed by the applicant.
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City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
PUBLIC NOTICE REQU~S:
Publication in Anaheim Bulletin by June 13, 1985.
Posting of property, June 14, 1985.
Mailing to property owners within 300 feet - June 13, 1985.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated April 29, 1985.
APPLICANT'S STATEMENT:
Jay Cowan, 3030 Breakers Drive, Corona Del Mar, California, Business: 2760
West Lincoln
He was appealing Conditions No. 4 and 6 of ?C85-109, i.e., that sidewalks,
curbs and gutters shall be repaired along Lincoln Avenue and that existing
driveways shall be reconstructed to accommodate 10-foot radius curb returns.
There were no breaks or cracks in the curbs, gutters or sidewalks and the age
is the same as all the others up and down Lincoln. There was no reason to
have them ripped up and replaced with new concrete. The opening in and out of
his park is 36 feet wide which is adequate for automobiles, mobilehomes and
trailers without causing damage to the sidewalks and would not interfere with
the traffic flow. The lane next to the curb along his property is used for
parking and there is room for a big swing into or out of his property. Since
1979, there had been no accidents or incidents due to vehicles entering or
leaving his driveway. The cost to change to the 10-foot radius would be about
$5,000 for the curb returns and aprons.
STAFF INPUT - IN ANSWER TO APPLICANT'S QUESTIONS:
Annika Santalahti, Assistant Director for Zoning.
Relative to the repair of sidewalks, curbs and gutters, this is not automatic
but based on a field inspection, and whether there was some kind of damage
that necessitated correction.
Mayor Roth.
He explained for Mr. Cowan that replacement would only have to be made if
there was damage and such replacement was necessary; Mr. Cowan stated he had
no problem with that.
Paul Singer, Traffic Engineer.
Large Recreational Vehicles are involved and the curb is scarred in the
vicinity of the driveway. A Recreational Vehiclewlth a trailer has to swing
wide in order to turn into and out of the driveway. Traffic on Lincoln Avenue
has grown substantially and is expected to grow even more with the possibility
of having to install an additional travel lane instead of a parking lane. All
of these require a 10-foot curb radius return to be installed. It does not
require the replacement of the apron. It would require a saw cut 10 feet long
along the curb from the edge of the driveway to about 10 feet, taking out the
curb and sidewalks only in that area leaving the gutter where it is and
replacing it with a curb radius return in two places. He had previously heard
quotations for such work at approximately $1,200 each or $2,400 maximum.
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City Na!l~ Anabeim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Mr. Cowan.
Additional Concerns - Condition No. 1, specifically, "...that each
recreational vehicle shall be allowed to remain within said park for a maximum
of thirty (30) days for any sizzle continuous time period." Today's
conditions being different, most occupants are over 60 years old and many are
disabled. People like to come and go when they wish. Some stay for two
weeks, others two months and some as long as two years. That was a condition
with which he did not want to comply.
In concluding, there would be no increase in aesthetic appearance, no increase
in traffic flow, no more or less people, no increase of or lack of safety, no
accidents, incidents, nothing to support the fact that there is a need to
change what he had for the last six years.
COUNCIL CONCERNS:
Councilwoman Kaywood.
The use is not a mobilehome park but an RV park and occupancy is for a limited
time, specifically designed for tourists whereas Mr. Cowan is talking about
permanent residence.
Councilman Pickler.
He is in favor of the 35-foot setback which was waived by the Planning
Commission. He travels the area frequently and there are trailers sitting out
in front instead of behind the buildings on the property.
COUNCIL ACTION:
The Mayor closed the public hearing.
Councilwoman Ka~wood...
She agreed with Councilman Pickler relative to the 35-foot setback
requirement. Subject property has RV's sitting out in the front and the
street being used for parking. In her opinion, it is overbuilding that small
piece of property with no amenities and nothing attractive to the motoring
public and the area itself. It is downgrading the area.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman
Roth, 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 Roth offered a resolution granting Conditional Use Permit No. 2648
upholding the findings of the City Planning Commission and subject to all
conditions imposed.
Before action was taken, Councilman Pickler spoke against the resolution since
he is concerned about maintaining the 35-foot setback.
A vote was then taken on the proposed resolution and failed to carry by the
following vote: AYES: Bay and Roth, NOES: Kaywood, Pickler and Overholt.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Pickler offered Resolution No. 85R-262 for adoption granting
Conditional Use Permit No. 2648 subject to all conditions imposed but
including the required setback of 35 feet which was originally waived by the
Planning Commission. Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 2648, IN 'PART.
Before a vote was taken, Miss Santalahti explained if the waiver is denied the
applicant cannot have any trailers in the 35-foot setback. However, there are
one or two spaces in front of the building on the north side which will be
wholly visible from Lincoln Avenue. If the waiver is denied, a condition
should be added that any space on the north of the building shall be visually
shielded by a minimum 6-foot wall along Lincoln Avenue at the 35-foot point.
Jack White, Acting City Attorney.
That Condition could be made a part of Interdepartmental Condition No. 11
which currently provides the property will be developed in accordance with
plans and specifications on file and those plans would need to be modified to
reflect the deletion of the spaces within the setback area. If the Council
approves the use, but denies both the setback waiver and prohibits any spaces
in the front, the Council can provide that there shall be no vehicles parked
in that particular area whatsoever or deny the whole thing. The first part of
the action would be to deny the waiver of the Code requirement on the 35-foot
setback and the second part, the resolution approving the Conditional Use
Permit but modifying the conditions to provide that no parking spaces will be
located in front of the building.
MOTION: Councilman P~ckler moved to deny the waiver of the Code requirement
on the 35-foot setback. Councilman Overholt seconded the motion. Council
Members Bay and Roth voted no. MOTION CARRIED.
Councilman Overholt.
His concern is the appearance of Lincoln Avenue and if a wall is constructed,
what will be in front of the wall with a 35-foot setback.
Miss Samtalahti.
The Code allowed a minimum 3-foot of landscaping adjacent to Lincoln Avenue,
if the remainder of the 35 feet is used for open vehicle parking, not RV
spaces.
A vote was then taken on the resolution amended to include the following:
granting the Conditional Use Permit but denying the waiver of the 35-foot
setback and subject to amended conditions - that there shall be no
recreational vehicle spaces in the front 35-foot setback and that any RV
spaces in front of the buildings on the north side shall be shielded from
Lincoln Avenue by a minimum 6-foot high wall located no closer than 35 feet to
Lincoln Avenue and that the front 35-foot setback area shall minimally contain
a 3-foot landscaped planter adjacent to Lincoln Avenue.
496
City Hall~ An,hetm~ Ca!~fornia - COUNCIL MINUTES - JUNE 25, 1985~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCILMEMBERS:
Kaywood, Pickler and Overholt
Bay and Roth
None
The Mayor declared Resolution No. 85R-262 duly passed and adopted.
RECESS: By general consent, Council recessed for five minutes. (3:10 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:15 p.m.)
179: CONTINUED REHEARING - CONDITIONAL USE PERMIT NOS. 2460; 2461 AND 2462:
APPLICANT: Riviera Mobilehome Parks, (a Joint venture), 300 West Katella
Avenue, Anaheim, CA.
ZONING/LOCATION/REQUEST: To add, amend or delete conditions of approval of
Conditional Use Permit Nos. 2460, 2461 and 2462 on proposed RM-1000 zoned
property located at 300 West Katella Avenue. CUP 2460, to permit a 17-story,
852 room hotel; CUP 2461, to permit two 14-story office complexes; CUP 2462,
to permit two 180-unit condominium towers.
Environmental Impact Report No. 262 relating to the subject conditional use
permits was certified by the City Council at their meeting of January 24, 1984
as being in compliance with the California Environmental Quality Act along
with the Statement of Overriding Consideration.
HEARING SET ON: ..
Council meeting of February 28, 1984. Review requested by Councilman Pickler
and rehearing granted by the Council relative to certain requested amendments
at the meeting of April 3, 1984 and continued from the meetings of May 15,
June 5, July 24, October 9, November 27, December 18, 1984, February 12,
March 5, April 16, May 7, May 14, May 28, June 4 and June 18, 1985 to this
date (see minutes those dates).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin February 2, 1985.
Posting of property February 1, 1985.
Mailing to property owners within 300 feet - January 31, 1985.
STAFF INPUT:
See Staff Report from the Planning Department/Planning Division dated
December 11, 1984 and February 26, 1985; Staff Report from City Attorney's
Office dated February 6, 1985 and April 8, 1985.
Mayor Roth first asked if anyone was present on the subject item; no one was
present accept the attorney for the applicant. The Mayor asked if he wanted a
continuance.
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City Hallt .Anaheimt California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
APPLICANT'S STATEMENT:
Floyd Farano, attorney for the Riviera Mobilehome Park project.
He would like to have a continuance although he wished that someone other than
himself was asking for one. The resolution of the road problem onto the
Fujishige property is the only issue outstanding. He would like to recommend
that the City Council instruct another negotiating meeting to take place
between the City and representatives of Riviera for the purpose of negotiating
the issue. Riviera did not think the FuJishiges have to be involved in that
meeting. Riviera understood the FuJishiges had hired an attorney but they had
not heard anything since the FuJishiges cancelled the scheduled meeting last
Friday. He reiterated, Riviera would like to set up another negotiating
meeting.
Mayor Roth deferred to the Council liaison team, Council Members Overholt and
Pickler; Councilman Pickler asked the City Attorney if there was a need for a
liaison meeting.
Jack White, Acting City Attorney.
The only thing that has happened since the last meeting is that the Fujishiges
who had always been a part of the meetings, indicated they would not be able
to be present on the day of the last meeting because they had or were about to
hire legal counsel and when retained they would call setting up a new meeting
date. He saw no reason why they could not have another meeting to attempt to
further explore where they left off once there was an indication of their
legal counsel as to availability and to set a date.
Councilman Overholt.
As a member of the liaison team, he was not aware they were a negotiating team
but merely being present at meetings for purposes of communicating to the full
Council consistent with the provisions of the Brown Act to help facilitate
matters. He felt the FuJishiges were still an important part of the process
at this point and until the situation is made clear as far as their
representation is concerned, any meeting would not serve much purpose.
Mr. White.
He recommended a two week continuance.
MOTION: Councilman Roth moved to continue the public hearing on Conditional
Use Permit Nos. 2460, 2461, and 2462 for two weeks to Tuesday, July 9, 198S at
1:30 p.m. Councilman Overholt seconded the motion. MOTION CARRIED.
CONTINUED PUBLIC HEARING - 1985/86 RESOURCE ALLOCATION PLAN (RAP) - BUDGET:
To consider the proposed 1985/86 Resource Allocation Plan. Continued from the
meetings of June 11 and June 18, 1985. (see minutes those dates)
Mayor Roth referred to the document submitted by the City Manager under date
of June 21, 1985 - Response to the Anaheim Chamber of Commerce Blue Ribbon
Committee Report - 1985/87 Resource Allocation Plan, June 1985. He noted
representatives were present from the Chamber but asked first to hear from the
City Manager.
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City Hall~ An-helm, California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
City Manager, William Talley.
In the City document, staff took the Chamber Blue Ribbon Committee Report (see
Blue Ribbon Report, City of Anaheim, 1985-87, Resource Allocation Plan)
policies and recommendations and addressed each of the issues/or
recommendations raised with a staff respOnse (BRC recommendations on the left
- City response on the right - 20-page report with only the City response
pages numbered in sequence) primarily clarifying the City's positions more
than differing with anything the Chamber had raised. In a few instances,
information was added indicating a difference in opinion. The Blue Ribbon
Committee (BRC) Report was well thought out and will assist the City in its
operation. The recommendations are ones the City can consider as it moved
forward with most of the policy issues raised. Most were not budgetary
items. He then briefed the responses given to the BRC specifically on the
following issues:
Police Department - CAD/RMS (Computer Aided Dispatch - Records Management
System) for the Police Department (page 1); Construction of the Police
Communications Center (page 2); Remodel/Expansion of the Jail Facility (page
2); Canyon Police Substation (page 3); Expansion of the Police/Office Complex
(page 4);Public Works, Engineering - Signal Maintenance and Sign Engineering
(page 5); Parks, Recreation and Community Services - Budget Comparison
Figures, Zero-based Budgeting and Strategic Planning (page 7); Maintenance
Controls, commitment to the Canyon Community Center and Recreation
Instructors' pay increases (page 9); Family Foresome - Reporting of Transient
Occupancy Tax (TOT) Receipts, Maintain Stadium and Convention Center under a
Single Director, Financing of Stadium Concourse Development (pages 10-11);
Public Utilities Department - Consultant Costs, Travel and Meeting Expenses,
Increase in the Power Resources Group Operating Budget (pages 12-15).
The Pay for Performance Program, Fund Transfers and the Incentive for Improved
Cost Performance were addressed separately and none had to be handled today.
Regarding general recommendations, each and every one had been answered and he
would be happy to discuss them with the Chamber. Many were the result of
differences in philosophy, understanding of terminology, or even definition,
as opposed to being significant changes. The Chamber had presented the City
with an agenda to continue ongoing discussions and possibly by further
definition, the Chamber and the City could arrive at some general agreements
about where the City is going that would engender support by the BRC. If
Council directs, the City will meet periodically over the year with the
Chamber so that when the City adopts the second half of the budget next year,
it will be more of an update rather than going through the whole process again.
Mr. Dennis Hardin, Chairman, BRC.
The Chamber received Mr. Talley's response yesterday and had not had an
opportunity to review it or meet as a committee to develop a united response.
His first impression is that the staff spent considerable time researching
their response. Staff did not skirt the issues but tried to address each.
Most recommendations, as Mr. Talley stated, did not require action but his
committee would like to work with City staff to see that some of the
recommendations are implemented. There were some areas where they disagreed
and where he felt they had agreed to disagree. The Chamber would like to have
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City Hall; Anaheim~ California - COUNCIL MINUTES - JUNE 25; 1985; 10:00 A.M.
the Council support their position in their considerations of areas where the
City and the Chamber did not agree.
He then briefed the following points of disagreement and also answered
questions posed by Council members:
New Park Areas - The City needs direction from the Council relative to adding
new parks; the accounting for the Transient Occupancy Tax (TOT) should revert
to the way it was done before - that it go into the Family Foresome Fund with
a small percentage going into the General Fund (both City Manager Talley and
Acting City Attorney, Jack White spoke to the reasons why the TOT was reported
in the present manner); it was necessary that the consultant costs in the
Public Utilities Department be justified as well as travel and meeting
expenses. Relative to the latter charges, the Council needs to step in and
see that the Department live with a lesser amount. Relative to consultant
costs, it was felt that there was too much reliance on consultants and the
expense is extraordinarily high and growing. Steps needed to be taken to
bring that area under control.
During Mr. Hardin's presentation, two representatives of the Chamber of
Commerce spoke to certain issues raised: Mr. Herb Leo, 100 South Anaheim
Boulevard. Regarding the TOT, the Committee was not talking about taking the
tax monies out of the General Fund application since all of the TOT taxes have
always gone into the General Fund. They are simply talking about the
accounting of the funds in public statements where a percentage of the funds
are directly related to the convention business. They are asking that the
activities of the Visitor and Convention Bureau and the Convention Center be
augmented by a report as to how much of the TOT is related directly to that
particularoperation.,-
Mr. Bill Latham, 3370 Mira Loma.
Relative to travel and meeting expenses in the Public Utilities Department,
the proposed $140,000 is a great deal of money. What bothers people in the
community is the fact tbmt for every dollar that goes into the budget, their
rates have to return 104 percent of that. It is also their understanding that
relative to projects such as the Intermountain Power Project (IPP), travel
expenses are reimbursed and should not come out of the City budget; City
Manager Talley explained that half of the statement is true. The City is
reimbursed frequently but rather than spending the money and getting a return,
the revenue and expenditure is shown on the books. For example, on a trip to
IPP, the expense was shown as an expense and if the City received the money
back, that would be shown as a revenue coming in rather than a zero
expenditure.
Mayor Roth.
As long as utility costs are higher than Southern California Edison, it is
necessary to get a handle on the cost of power in the City. He hoped the
Council would continue to monitor the BRC recommendations after adopting the
budget. The Council also needed more explanation on what trips are
accomplishing.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Bay.
He questioned whether the Council is going to monitor expense accounts on
trips. On almost all the recommendations made by the BRC, a group of people
very experienced in management and various businesses across the City, what he
heard in return was a rationalization of almost every one of the requests.
The Council ought to tell the BRC they are going to do something about travel
and meeting costs in the Utilities Department.
Councilman Overholt.
He questioned Mr. Hardin relative to the Pay for Performance Plan; Mr. Hardin
answered that the City pointed out some things the Committee had perhaps not
recognized the first time through. Further, they are still concerned about
the budgeting process and the amount of time spent in reviewing the way
budgets were developed and the way employees were evaluated. They wanted to
make sure those budgets were realistic and served as an accurate yard stick on
which to measure the performance of the employees. If that was being done and
if they can assure themselves that is being done, the BRC would feel better
about the program. They perhaps needed to do more investigation and have
further dialogue with the City to determine if the program is implemented the
way it should be.
Councilman Bay.
The answer he read from the City Manager or staff to the Committee's question
on Pay for Performance is that the program is still developing and
accordingly, since it will not be fully implemented for five years, this being
the third year into the program, it would not be appropriate to evaluate at
this point. To him, that answer says, not now. In his opinion, these are the
kinds of expenditures always open to public scrutiny and if the BRC or Chamber
has a desire to look at the details of the program, whatever percentage of
that development is complete, they had a right as a taxpaying citizen of the
City to see what was going on in that program. There are major differences of
opinion across the Council on the implementation and results of the Program
and the policy decisions made within that program vs. what some thought it
would be when it was initiated. If a task force was ready to look at the
Program and do some work at this point, he for one felt it should be approved
by the Council.
Mayor Roth.
Among his concerns was looking at the Pay for Performance Plan. He had lost
con£idence in the ~ibson Plan because it cost too much. Help from the private
sector is necessary to assure that the City is going in the right direction.
The plan might be workable but he questioned the cost to implement it and if
the City could afford it.
Councilman Overholt.
Mr. Hardin made a scholarly and objective presentation on behalf of the BRC
and the management staff has responded to the concerns equally as well also
pledging to cooperate in an ongoing dialogue. He resented certain politicians
using efforts by the Chamber of Commerce as a "club" and he was going to
resist anyone using those efforts as a "club" against City staff or other
elected officials of the City to put forth their particular view.
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Bay.
He viewed the BRC as the eyes of the watchdog for the public, not only for
business but all taxpayers because within that organization are the business
heads that know how to look at budgets. When the Committee comes in with
their recommendations, the Council should get down to some basic issues he saw
in the philosophy coming out of the BRC being recommended to the Council,
i.e., to not use long-term financing which was expressed all through the
report. If the decision is to continue with Certificates of Participation
(COP) and deficit spending and financing on that basis, that is an issue that
should be dialogued across the Council so that the voting public knows who is
making those policy decisions.
Councilman Overholt.
He took exception to one point, that the Anaheim Chamber of Commerce
represents all citizens because, in his opinion, it did not do so. Looking at
the residences of the members, it may be surprising to know the percentage of
those who do not live and vote in the City. The Chamber had to be looked upon
as a representative of the business community.
City Manager Talley.
There are a number of items for Council action - policy decisions in general
as well as a number of resolutions which establish certain fees, compensation
plans, establishing certain classifications which the Council may wish to
discuss further in Closed Session, or he was prepared to introduce them at
this time. He was also ready to suggest motions that Council might wish to
consider to wrap up the 1985/86 portion of the Resource Allocation Plan unless
there are questions of himself or department heads.
Councilman .Bay.
He wanted to settle t~e issue of Neighborhood Council involvement in concerted
political action. The Council should make a clear policy that it disapproved
of such action as long as the Neighborhood Councils were supported by taxpayer
funds. He asked the City Attorney to draft as short a policy as possible
stating the opinion of the Council is that they did not want Neighborhood
Councils involved in concerted political action using the Neighborhood Council
name for that action.
Councilwoman Kaywood.
She recalled the issue was referred to Norm Priest;
Norm Priest, Director of Community Development & Planning.
The inquiry had been addressed to HUD as discussed at a previous meeting but
no response had yet been received. He expected a response shortly and at that
time he would coordinate with the City Attorney and turn it into a policy
statement.
Councilman Bay.
The City as of July 1st intends to pay the Apartment Improvement Program (AIP)
Manager for the AlP group. He was concerned that the City Council be in the
chain of approval of the AIPManager appointment. He had no problem with the
Committee recommending a selection of the Manager but now that the City budget
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City Hall~ AnRheim~ California - COUNCIL MINUTES - JUNE
includes paying the Manager, he wanted to see some control of approval and/or
final selection by the Council.
Norm Priest.
The AIP is a nonprofit corporation and the City is represented in a role on
the Board but the corporation itself has within it the right to select the
manager it chooses. It is chartered by the State as a separate corporation.
The Council will have control in the sense that the City has representation on
the Board who would vote for that selection but that was the extent of the
control; Councilman Bay. If that is true, he did not intend to support paying
the salary of the manager for next year.
Councilman Bay.
Relative to the proposal in the budget for the Police 2000 Expansion, the CAD
system and the total project in the amount of 316.8 million. He is opposed to
the method of financing recommended in the budget using Certificates of
Participation. If the City continues to employ what he considers a misuse of
long-term financing under Certificates of Participation for general
obligations, it will invite action from Sacramento and the State to plug those
holes for deficit spending and setting up new debt for cities. In his
opinion, using COP to set up deficit spending and buying things that future
taxpayers will have to pay for circumvents the intent of Proposition 13 in
establishing new obligations without the will of the people.
Councilwoman Kaywood.
She disagreed with Councilman Bay's opposition to COP and considered it to be
a prudent business practice.
City Manager Talley.
From a staff or personal standpoint, debt financing is the "American Way". It
is more fair to build something and have the people who will get the benefit
of the improvement to pay for it while it is in use than to ask people to put
aside their money and when it accumulates, build the project so that the
people of today would then be paying for the benefactors of tomorrow.
Regarding the earlier motion that was trailed relative to the financing of the
Police Department expansion, if Council wanted to, for a modest increase in
cost, could issue the entire $16.8 million and take advantage of the present
available interest rate and have up to three years to determine a revenue
source and get the project substantially under way, or pay off the
Certificates and not do anything. The absolute best time over the last five
years to issue those Certificates would be in the next six months. As
mentioned by Councilman Bay, the Robinson Constitutional Amendment may prevent
local jurisdictions after January 1st from issuing that kind of debt and
Council may want to make a policy decision whether to go forward with the
Police 2000 Project and possibly consider approving the entire amount today.
Councilman Roth.
In talking with police officers, he was certain that both the computer aided
dispatch and Records Management System are absolutely necessary in the City.
In talking to constituents, they want better police protection and the
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
technical advantages of the systems are a necessity especially considering
that other jurisdictions already had such systems. Although he appreciated
the Chamber's philosophy to pay-as-you-go, he was going to support the
Certificates of Participation on this issue but will continue to carefully
review other items brought forth as to the need.
156: After additional discussion and questioning on the issue of Certificates
of Participation between Council members and City Manager Talley, Councilman
Pickler moved to authorize agreement with Merrill Lynch as Financial Advisor,
at a cost not-to-exceed $57,500 for issuance cost of $52,000, plus a
not-to-exceed fee for Financial Advisor of $5,500 and with Jones Hall Hill &
White, as Bond Counsel, at a cost not to exceed $25,000 plus out-of-pocket
expenses not-to-exceed $1,000, as the financing team for the Police Department
expansion, Phase I, Certificate of Participation in an estimated amount of
$16.8 million. Councilwoman Kaywood seconded the motion.
Before a vote was taken, City Manager Talley recommended that it be
accomplished in five phases - Phase I and II being CAD and RMS. On Phases
III, IV and V, the analysis was not yet complete and staff would come back
with actual figures, plans and specifications. In his opinion, the 16.8
million was a good enough estimate at this time to warrant authorization. The
City would be saving close to $100,000 in issuance costs. Answering
Councilman Bay relative to the revenue stream, the $4.4 million was going to
be taken out of current revenues that were budgeted. For the major project he
would recommend that the certificates be sold at this point, that the project
be finalized including the revenues to pay it off with three years to enter
into substantial construction on the project. If the Council had not
determined a revenue stream, the Certificates would be refunded and the
project would not be done. The Council would have the ability at this time
but not make the decision since they had not signed any contracts for the
major project and should not sign those contracts until there is a definite
financing stream.
A vote was then taken on the foregoing motion. Councilman Bay voted no.
MOTION CARRIED.
City Manager Talley then presented six policy items as follows which could be
dealt with today or at another time:
1) A Police Station facility in the eastern portion of the City; 2) Developers
contributing to electrical overhead/underground line extensions as well as a
program to underground existing overhead lines; 3) Placement of the Water
Revenue Bond issue on the November 1986 ballot; 4) Use and financing of video
equipment productions to better communicate with citizens; 5) Operations and
funding of the Outreach Bookmobile Program; 6) Use of caterers and alcohol at
the proposed Canyon Community Center.
Relative to the Outreach Bookmobile Program, it is funded in the budget this
year and if the Council did not say anything today, staff will be back asking
the same question next year.
5O4
Cit~ g-~ An-heim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Councilman Pickler.
He questioned the architectural fees relative to changes in the main library
which was of concern to him; Mr. Talley explained in the event that General
Revenue Sharing is adjusted, a recommendation had been given to the Council
regarding what staff would include and the ~30,000 was a part of that. In
talking with Mr. Priest, the Senate made some major changes in revenue sharing
and CDBG funding; therefore, his recommendation stands - i.e., that the budget
be adopted as presented using the ~2.3 million as if the City was going to
receive it, with the understanding that no expenditures would be authorized
until the City knew what Congress was going to do and if Congress did not
change revenue sharing he would deem the list approved. If modified in any
way, however, staff will be back to dialogue with Council any changes they
might want to make.
Councilman Overholt offered Resolution No. 85R-263 through 85R-265, both
inclusive, for adoption. Refer to Resolution Book.
000/132: RESOLUTION NO. 85R-2§3: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND
REPEALING RESOLUTION NO. 85R-206.
000/135: RESOLUTION NO. 85R-264: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING THE GREEN FEES AND CART RENTAL FEES TO BE CHARGED
AT THE H. G. "DAD" MILLER ANANEIMMUNIClPAL GOLF COURSE AND THE ANAHEIM HILLS
GOLF COURSE. (Rescinding Resolution No. 84R-248)
000/150: RESOLUTION NO. 85R-265: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO. 80R-185 RELATING TO FEES TO BE CHARGED
FOR CITY-WIDE PARK ANDRECREATION PROGRAMS AND SERVICES COMMENCING JULY 1,
1985.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, 0verholt and Roth
Bay
None
The Mayor declared Resolution Nos. 85R-263 through 85R-265, both inclusive,
duly passed and adopted.
Councilman Overholt moved to recess into Closed Session before acting on the
proposed resolutions involving the Management Pay Plan.
Before action was taken, Councilman Bay questioned on what basis the Closed
Session was being requested; Mr. Talley responded personnel matters and labor
relations with action to follow. He also confirmed that it did include
discussion of the merit pool, salary increases and changes in classifications.
Jack White, Acting City Attorney.
He clarified for Councilman Bay the matters that could be considered in Closed
Session under the Brown Act, concluding that until he knew specifically what
5O5
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
was intended to be discussed, he could not answer with specificity but also
under the Brown Act, the Council may enter into Closed Session to determine if
facts exist warranting a Closed Session and if those facts do exist to hold a
Closed Session on that basis.
Councilman Pickler seconded the motion to recess into Closed Session. MOTION
CARRIED. (5:02 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:56 p.m.)
City Manager Talley introduced several resolutions regarding Management Pay
Plans which, among other things would adjust the salary range structure, fund
a merit pool, create new classifications, reclassifications, title changes and
classification deletions. It was his recommendation that he introduce the
resolutions today and Council would adopt them, with instructions to staff
that pending Council's discussion with their consultant, that the salary range
structure and merit pool be held in abeyance, and not acted upon.
He clarified for Councilman Overholt that until Council determines the policy,
he was recommending that the Council adopt the resolutions with instructions
to staff that the existing 1984/85 salary range structure be maintained and
that the merit pool not be distributed until the Council made a determination
on what their policy regarding salary range structure and size of the merit
pool is going to be. He did not believe it would be appropriate to try to
wait until after the Fiscal Year started to develop the resolutions because
they included creation of new classifications, reclassifications, title
changes and classification deletions which were required, in his opinion, to
implement the 1985/86,. 1986/87 Resource Allocation Plan. He felt those were
needed even if closure was not achieved today on the salary range structure or
funding of the merit pool.
Councilman Pickler offered Resolution No. 85R-265 through 85R-269, both
inclusive, for adoption. Refer to Resolution Book.
153: RESOLUTION NO. 85R-266: 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
P0LICIEg FOR CLA~§IFICATIONS DE~ICNATED AS EXECUTIVE MANACEMENT AND
SUPERSEDING RESOLUTION NO. 84R-241 AND AMENDMENTS THERETO. (effective June
28, 1985)
153: RESOLUTION NO. 85R-267: 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. 84R-240 AND AMENDMENTS THERETO. (effective
June 28, 1985)
153: RESOLUTION NO. 85R-268: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING THE MANAGEMENT PAY PLAN BY ADJUSTING THE MANAGEMENT
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City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
SALARY STRUCTURE, ESTABLISHING RATES OF COMPENSATION AND MANAGEMENT PAY
POLICIES FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT/SUPERVISORY AND
SUPERSEDING RESOLUTION NO. 84R-242 AND AMENDMENTS THERETO. (effective
June 28, 1985)
153: RESOLUTION NO. 85R-269: 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 PROFESSIONAL AND TECHNICAL
MANAGEMENT AND SUPERSEDING RESOLUTION NO. 84R-243 AND AMENDMENTS THERETO.
(effective June 28, 1985)
Before action was taken, Mr. Talley, in response to Councilman Bay confirmed
the salary range, structure and funding of the merit pool were included but he
recommended the Council instruct staff not to change the salary structure at
this time but leave the 1984 structure in place and not distribute any meri~
pool until Council has affirmed or changed the size of the merit pool. That
will require a positive statement by the Council at some date to be determined
by the Council. He would request a motion to that effect.
Councilman Overholt asked if Mr. Talley wanted a motion in addition to the
resolutions; Mr. Talley answered yes.
Councilman Pickler moved that the Council instruct staff not to change the
salary structure at this time but leave the 1984 structure in place and not
distribute any merit pool until Council has affirmed or changed the size of
the merit pool.
Before action was taken on the motion, a vote was taken on the foregoing
resolutions offered by Councilman Pickler.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler and 0verholt
Bay and Roth
None
Councilman Overholt asked Mr. Talley the purpose for his recommendation that
there be a motion to postpone the changing of the salary structure and
establishment of a merit pool until a future date.
City Manager Talley stated the purpose o~ his suggested motion was to allow
the Council as much time as they felt they would like to take in discussing
the matter either as a Council or with their retained consultant on those
matters prior to affirming the recommendation of the consultant or changing it.
Councilman Overholt presumed then if the Council did not pass the motion today
the resolutions Just carried on a 3-2 split vote would invoke the structure
change and the merit pool at this time.
5O7
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Mr. Talley confirmed that was correct but the Council always had the ability
to change their minds, however, if the resolutions are left in place, he would
go forward with the expectation they would be carried out. In his opinion, if
there was going to be any discussion about the recommendations, it would be
appropriate to pass the motion now so it is clear in everyone's mind that the
resolutions are not adopted as presented but with modifications. If the
Council was going to do any amending by motion, they should do so today rather
than wait.
Councilman Overholt stated he will not make the motion nor support it. He
clarified for Councilwoman Kaywood that he was supporting the resolutions as
previously stated and just passed on a split vote, but having been a split
vote, he did not intend to make a motion or support one that would delay any
part of the resolutions and, therefore, the resolutions are passed just as
stated on the agenda. Had the vote been different, he would have made the
motion and supported it.
Councilman Roth offered Resolution No. 85R-270 through 85R-272, both
inclusive, for adoption. Refer to Resolution Book.
153: RESOLUTION NO. 85R-270: 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 ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION. (effective June 28, 1985)
153: RESOLUTION NO. 85R-271: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 84R-58 WHICH ESTABLISHED RATES OF COMPENSATION
FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS WITH FULL-TIME EQUIVALENTS.
(effective June 28, 19~5)
153: RESOLUTION NO. 85R-272: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 85R-122 WHICH ESTABLISHED RATES OF
COMPENSATION FOR UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (deleting the
classification of Traffic Control Supervisor, effective June 28, 1985)
Roll Call Vote:
AYES:
NOE~:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER§ ..
COUNCIL MEMBERS:
Kaywood, Bay, Pickler, Overholt and Roth
None
None
The Mayor declared Resolution No. 85R-270 through 85R-272, both inclusive,
duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 85R-273 for adoption. Refer to
Resolution Book.
153/152: RESOLUTION NO. 85R-273: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING CERTAIN CITY OFFICIALS TO MAKE APPLICATIONS
RELATING TO LOCAL MISCELI.ANEOUS MEMBER DISABILITY RETIREMENTS UNDER THE PUBLIC
EMPLOYEES' RETIREMENT LAW AND TO INITIATE REQUESTS FOR REINSTATEMENT OF
EMPLOYEES RETIRED FOR DISABILITY. (effective July 1, 1985)
508
City Hall; Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Kaywood, Bay, Pickler, 0verholt and Roth
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
The Mayor declared Resolution No. 85R-273 duly passed and adopted.
MOTION: Councilman Pickler moved to adjust the biweekly automobile allowances
for certain designated positions to $128.77 for the period June 28, 1985 to
June 26, 1986 and to $135.23 for the period of June 27, 1986 to June 27,
1987. Councilman Overholt seconded the motion.
Before action was taken, Mayor Roth asked the Council if they should consider
that the automobile allowance be made available on an option basis for members
of the City Council. It cost him 5500 each month to operate his automobile-
100 percent for the City and he felt it overdue that some compensation be
given for use of personal automobiles for City business.
Councilman Pickler amended his motion that the City Council be included in the
automobile allowance program being able to exercise the option whether to
receive the allowance or not.
City Manager Talley explained if the Mayor and City Council are added to the
list it already provided that the positions listed have the option to receive
it. It would show up on an annual W2 as income and if the Council did so,
members would be reimbursed at the rates stated for 1985/86, 1986/87. With
IRS reporting, Council Members would be allowed to deduct all expenses,
depreciation, etc. against it.
A vote was then taken on the foregoing motion. Councilman Bay voted no.
MOTION CARRIED.
MOTION: Councilwoman Kaywood moved to receive and file report dated June 21,
1985 from the Public Utilities Board - findings and recommendations of the PUB
concerning the 1985/86, 1986/87 RA2 for the Electric and Water Utilities.
Councilman Pickler seconded the motion. MOTION CARRIED.
153/142: ORDINANCE NO. 4629: Councilman Pickler offered Ordinance No. 4629
for first reading.
ORDINANCE NO. 4623: AN ORDINANCE OF THE CITY OF ANAI~EIM AMENDING VARIOUS
SECTIONS, CHAPTERS AND TITLES OF THE ANAHEIM MUNICIPAL CODE R~rATING TO
OFFICERS AND DEPARTMENTS. (Chapter 1.04)
153: MOTION: Councilman 0verholt moved to approve an agreement between the
City and Norm Priest to provide a $9,000 supplemental retirement benefit for
assuming the duties of Planning Director in addition to his services as
Executive Director of Community Development. Councilman Pickler seconded the
motion. MOTION CARRIED.
5O9
City Hall~ Anaheim~ California - COUNCIL MINUTES - JUNE 25~ 1985~ 10:00 A.M.
106: MOTION: Councilman Pickler moved to adopt the Fiscal Year 1985/86
Resource Allocation Plan as amended totalling 3359,687,750. Councilman
Overholt seconded the motion. Councilman Bay voted no. MOTION CARRIED.
ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded
the motion. MOTION CARRIED. (6:17 p.m.)
LEONORA N. SOHL, CITY CLERK
510