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1984/01/31City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: AB SENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts HUMAN RESOURCES DIRECTOR: Garry O. McRae Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard, Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickier led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Children's Dental Health Month in Anaheim, February 1984. Medical Assistants Week in Anaheim, February 20-24, 1984. Dr. Peter Strand, representing the Orange County Dental Society and the American Dental Association, accepted the Children's Dental Health Month proclamation. 119: RESOLUTION OF COMmeNDATION: A Resolution of Commendation was unanimously adopted by the City Council and presented to Jack Boettner, Los Angeles Times Reporter, for his contributions to the City of Anaheim for more than 20 years and upon his retirement. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council to be presented to St. Catherine's Military School, congratulating the staff and faculty on 95 years of excellence in education in Anaheim, since the school opened its doors in 1889. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth 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 ail 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. Councilwoman Kaywood seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,886,300.28, in accordance with the 1983-84 Budget, were approved. 106 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. CITY MA~NAGER/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 Pickier offered Resolution Nos. 84R-41 through 84R-47, both inclusive, for adoption. Refer to Resolution Book. i. 118: The following claims were rejected and referred to Risk Management: a. Claim submitted by Nancy Loring for personal injuries purportedly sustained due to sex discrimination and wrongful termination of employment on the part of the City, on or about September 7, i983. b. Claim submitted by Alice M. Bartu for personal injuries purportedly sustained due to actions of Anaheim Paramedics at 211 South Beach Boulevard, #88, on or about September 14, 1983. c. Claim submitted by Michelle Renee Milliken for personal property loss of food purportedly sustained due to an electrical outage at 931 Trident, Apartment D, on or about November 24, 1983. d. Claim submitted by Joseph Vanderwoude for personal property ~amages purportedly sustained due to refuse truck driving over trash can at 517 South Hampton Street, on or about December 12, 1983. e. Claim submitted by Richard A. Hermann for personal property damages to planting area purportedly sustained due to actions of meter reader at 150 Cerro Vista Way, on or about December 13, 1983. f. Claim submitted by Jose Luis Vallejo for property damages purportedly sustained due to sewage backing up in drains at 909 1/2 East Broadway, on or about October 9, 1983. g. Claim submitted by Vernon L. Joiner for personal property damages and food loss purportedly sustained due to City erroneously turning off electricity to 175 South Rio Vista Street, #4, on or about December 12, 1983. h. Claim submitted by James L. Lupresto for personal injuries purportedly sustained due to failure of City to provide security at Anaheim Stadium, on or about September 11, 1983. i. Claim submitted by Eduardo Saavedra, Sr., and Eduardo Saavedra, Jr., for personal property damage, emotional distress, and personal injuries purportedly sustained due to failure of City to provide adequate warning devices at Guinida Lane and Gilbert Street, on or about September 15, 1983. j. Claim submitted by Edwin M. Chamberlin for property damages to car purportedly sustained due to being struck in the rear by a City-owned vehicle at the intersection of Bail Road and East Street, on or about November 28, 1983. 107 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. k. Claim-submitted by Donald and Madeleine Lovella for property damages purportedly sustained due to design and construction of storm drain and catch basin at 325 North Tustin Avenue, Apartments A and B, and 405 North Tustin Avenue, Apartments A and B, on or about October 1, 1983. 2. The following correspondence was ordered received and filed: a. 139: City of Lakewood Resolution 84-3, endorsing the Court Reform Initiative. b. 105: Community Redevelopment Commission--Minutes of January 4, 1984. c. 105: Public Utilities Board--Minutes of December 15, i983 and January 19, 1984 (Unapproved). 3. 123: Authorizing an agreement with Latino Resource Organization/The Wilshire Organization in an amount not to exceed $18,261 (CDBG funds) to conduct a study of gang conditions in the City, to be completed in 13 weeks. 4. 160: Authorizing the Purchasing Agent to issue a change order to The Okonite Company in an amount not to exceed 58,317.39 for an additional 965 feet of 750 KMCIL Aluminum Cable, in accordance with Bid No. 4001. 5. 150: RESOLUTION NO. 84R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION ~ND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: PEARSON PARK LAGOONS REFURBISHMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 25-820-7103-20060; 16-820-7103-2021C; and 24-820-7103-20110. (Bids to be opened March 1, 1984, 2:00 p.m.) 6. 175: RESOLUTION NO. 84R-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~NAHEIM RESCINDING THE CONTRACT WITH GUTIERREZ CONSTRUCTION COMPANY, PUBLIC WORKS PROJECT (UTILITIES SERVICE ~TERIAL STORAGE AREA PAVING). 175: RESOLUTION NO. 84R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING TO THE SECOND LOW-EST MOST RESPONSIBLE BIDDER THE CONTRACT FOR THE UTILITIES SERVICE CENTER MATERIAL STORAGE AREA PAVING, SOUTH OF SOUTH STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-699-6329-0957M-3710A AND 55-699-6329-0957M-3900A. (R. J. Noble Company, 567,276.25; bid amount of 572,926.25 less $5,650 for Item 7 which is deleted). 7. 108/174: RESOLUTION NO. 84R-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A MINORITY BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION FUNDING AND ESTABLISHING AN OVERALL MINORITY BUSINESS GOAL OF 10% FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1984. 108 City Hail, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. 8. 158: RESOLUTION NO. 84R-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Erwin W. Hobson, et ux.; A. C. Hernandez, et ux.) 9. 158: RESOLUTION NO. 84R-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING CERTAIN CITY-OWNED PROPERTY TO PUBLIC ROAD PURPOSES. (R/W 3330-15 AND 3330-16) 10. 123: Authorizing an agreement with Jaycox Disposal Co., Inc., revising the fees charged for the collection of residential solid waste within the City, and extending the term to September 30, 1990. 123: Authorizing an agreement with Anaheim Disposal, Inc., revising the fees charged for the collection of commercial and industrial solid waste within the City, and extending the term to September 30, 1993. 000/132/152: RESOLUTION NO. 84R-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 82R-547. (effective January 1, 1984) 11. 160: Accepting the bid of General Electric Supply in an amount not to exceed $57,367.20 for 40,000 feet of 15 KV URD Cable in conduit, in accordance with Bid No. 4059. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None COUNCIL MEMBERS:. None Councilman Bay voted "No" on Item 3. MOTION CARRIED. The Mayor declared Resolution Nos. 84R-41 through 84R-47, both inclusive, duly passed and adopted. 144/173: ORANGE COUNTY TRANSPORTATION COMMISSION (0CTC) 15-YEAR TRANSPORTATION INVESTMENT PLAN: Councilman Bay stated he wanted to clarify his "Yes" vote on the subject. It did not imply approval nor opposition to the ballot measure at this time, but a "yes" vote to put the question on the ballot for a vote of the people of Orange County. Mayor Roth stated that was the intent today, to have the question placed on the ballot for a decision by the voters. Councilman Roth offered Resolution No. 84R-48 for adoption, approving the Orange County Transportation Commission Fifteen-Year Transportation Investment Plan for the purpose of placing the Plan before the voters of Orange County, and moved to request the Orange County Transportation Commission to solicit input from surrounding jurisdictions prior to adopting an Administrative Code should the 1~ sales tax be passed by the Orange County electorate. Councilman Pickier seconded the motion. Refer to Resolution Book. 109 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. RESOLUTION NO. 84R-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ORANGE COUNTY TRANSPORTATION COMMISSION FIFTEEN-YEAR TRANSPORTATION INVEST~[ENT PLAN FOR THE PURPOSE OF PLACING THE PLAN BEFORE THE VOTERS OF ORANGE COUNTY. Before a vote was taken, Councilman Bay clarified, so that there would be no misunderstanding, that his "Yes" vote was to put the question on the ballot, not an approval of the whole plan or opposition to it, merely to put it on the ballot. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None MOTION CARRIED. The Mayor declared Resolution No. 84R-48 duly passed and adopted. 175.123: CONSERVATION SERVICES - VOLT ENERGY SYSTEMS: Councilman Pickier moved to terminate an agreement with Volt Energy Systems, Inc., date~ February 9, 1982, as amended, and authorizing a new agreement with Volt Energy Systems, Inc., in an amount not to exceed ~200,000, to provide energy audits for all customer classes and other conservation and load management programs support services, for a term of one year, as recommended in memorandum dated December 20, 1983, from the Public Utilities Board. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: APPOINTMENT TO THE YOUTH COMMISSION: Councilwoman Kaywood moved that the.appointment of a member to the Youth Commission be continued for two weeks to allow additional time for applications. Councilman Pickler seconded the motion. MOTION CARRIED. CITY PL~HqNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held January 9, 1984, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2524: Submitted by Santa Anita Realty Enterprises, (Seafood Broiler), Inc., to permit on-sale alcohol in an existing restaurant on CL zoned property located at 1199 North Euclid Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-1, granted Conditional Use Permit No. 2524, and granted a negative declaration status. 2. RECLASSIFICATION NO. 83-84-15: Submitted by WCS International, for a change in zone from RS-A-43,000 to ML, to expand a resource, recovery and 110 City Ha!l, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. recycling operation including an automobile dismantling business with wholesale and retail sales of auto parts on property located on the south side of Frontera Street, east of Glasseli Street. Reclassification No. 83-84-15 was withdrawn at the request of staff. 3. CONDITIONAL USE PERMIT NO. 2525: Submitted by Holly W. Davidson, (Orange County Steel Salvage), to expand a resource recovery and recycling operation including an automobile dismantling business with wholesale and retail sales of auto parts on RS-A-43,000 zoned property located at 3200 East Frontera Street. Conditional Use Permit No. 2525-was withdrawn at the request of staff. 4. CONDITIONAL USE PERMIT NO. 2527: Submitted by Frank H. Greinke and D. Robert Kennedy, to permit convenience retail sales and off-sale beer in an existing service station on ML zoned property located at 1431 North Raymond Avenue. The City Planning Commission, pursuant to Resolution No. PC84-3, denied Conditional Use Permit No. 2527, and granted a negative declaration status. 5. CONDITIONAL USE PERMIT NO. 2528: Submitted by Kenneth Dale and ~0uie B. Clausen, (Agency Rent-A-Car), to retain an auto rental agency on CL zoned property located at 2827 West Lincoln Avenue, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-4, granted Conditional Use Permit No. 2528, and granted a negative declaration status. 6. VARIANCE NO. 2849 (READVERTISED): Submitted by Vic Peloquin, (The Big Sandwich), requesting deletion of Condition Nos. 4, 5 and 6 of Planning Commission Resolution No. PC76-189, pertaining to cooking and seating restrictions and hours of operation for an existing sandwich shop on ML zoned property located at 3445 "C" East La Palma Avenue. The City Planning Commission, pursuant to Resolution No. PC84-5, amended conditions to Variance No. 2849 (Readvertised), and ratified the Planning Director's categorical exemption determination. 7. VARIANCE NO. 3367: Submitted by General American Life Insurance Co., to construct an addition to an industrial building on ML zoned property located at 1555 South Sinclair Street, with Code waiver of minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-6, granted Variance No. 3367, and granted a negative declaration status. 111 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. 8. VARIANCE NO. 3369: Submitted by Wendell and Marcia Brandt, to retain an existing corral with two horses on RS-43,000(SC) zoned property located at 6140 East Santa Ana Canyon Road, with the following Code waivers: (a) minimum setback for a corral, and (b) maximum number of horses. The City Planning Commission, pursuant to Resolution No. PC84-7, granted, in part, Variance No. 3369, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 1924 - EXTENSION OF TIME: Submitted by J. Raymond Bridges, requesting an extension of time to Conditional Use Permit No. 1924, to permit an auto uphplstery shop, with Code waiver of minimum number of parking spaces on CL zoned property located at 1743 West Lincoln Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1924, to expire January 3, 1985. 10. CONDITIONAL USE PERMIT NO. 2160 - EXTENSION OF TIME: Submitted by Sunwest Metals, requesting an extension of time to Conditional Use Permit No. 2160, to permit a recycling center on ~ zoned property located at 1874 South Anaheim Boulevard. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2160, to expire January 12, 1987. 11. RECLASSIFICATION NO. 78-79-25 AND CONDITIONAL USE PERMIT NO. 1935 - EXTENSIONS OF TIME: Submitted by The Gunston Hall Company, Inc., requesting extensions of time to Reclassification No. 78-79-25 and Conditional Use Permit No. 1935, for a change in zone from RS-A-43,000(SC) to RS-HS-10,000(SC), to permit a 27-1ot, 25-unit planned unit development with various Code waivers on property located on the east side of Imperial Highway, south of Nohl Ranch Road. The City Planning Commission approved an extension of time to Reclassification No. 78-79-25 and Conditional Use Permit No. 1935, to expire January 29, 1985. 12. CONDITIONAL USE PERMIT NO. 2165 - EXTENSION OF TIME: Submitted by Anaheim Rental, requesting an extension of time to Conditional Use Permit No. 2165~ to expand an existing equipment rental yard and to include a concrete mixing operation on ML(SC) zoned property located at 4460 East La Palma Avenue. The City Planning Commission approved an extension of time to Conditional Use Permit No. 2165, to expire January 12, 1987. No action was taken by the City Council on the foregoing items; therefore, the actions of the City Planning Commission became final. CONDITIONAL USE PERMIT NO. 2526: Submitted by Robert M. Jr. and Marilyn Shepard, to permit an 8-unit senior citizens' apartment complex on RM-2400 zoned property located at 615 West Broadway. 112 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-2, granted Conditional Use Permit No. 2526, 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. VARIANCE NO. 3372: Submitted by Marion Vesey, (Anthony's Pier 2), to construct an outdoor patio enclosure on CR zoned property located at 1640 South Harbor Boulevard, with the following Code waivers: (a) minimum landscaped setback, and (b) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-8, denied Variance No. 3372, and granted a negative declaration status. The decision of the Planning Commission was appealed by the applicant and, therefore, a public hearing would be scheduled at a later date. 108: ANAHEIM M_ARRIOTT HOTEL - ABATEMENT OF PENALTIES: Marriott Corporation, Taxes Division, for abatement of the penalty assessed on the late filing of the October 1983 Transient Occupancy Tax due on the Anaheim Marriott Hotel. This matter was continued from the meeting of January 24, 1984--see minutes that date. The Mayor asked if a representative was present from the Marriott Corporation; no one was present. City Clerk Linda Roberts announced that in a conversation yesterday, there was an indication that a representative might not be present until approximately 10:45 a.m. The item was trailed until later in the meeting. (10:29 a.m.) Later in the meeting (10:45 a.m.), Councilman Pickler requested a Clo~ed Session to discuss potential litigation. RECESS - CLOSED SESSION: Councilman Pickler moved to recess into Closed Session. Councilman Roth seconded the motion. MOTION CARRIED. (10:46 a.m.) AFTER RECESS: Th~ Mayor called the meeting to order, all Council Members being present. (11:12 a.m.) MOTION: Councilman Roth moved to continue the request of the Marriott Corporation for abatement of penalties assessed on the late filing of the October 1983 Transient Occupancy Tax to Tuesday, February 14, 1984. Councilman Pickler seconded the motion. MOTION CARRIED. 113 City Hall, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. 142/149: ORDINANCE NO. 4476: Councilman Bay offered Ordinance No. 4476 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4476: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32, SECTION 14.32.272, BY ADDING THERETO NEW SUBSECTIONS .055 AND .165 OF THE ANAHEIM MUNICIPAL CODE RELATING TO NO PARKING DURING SCHOOL HOURS. (on certain portions of Falmouth Street and Water Street) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Ordinance No. 4476 duly passed and adopted. 142/108: ORDINANCE NO. 4477: Councilwoman Kaywood offered Ordinance No. 4477 for first reading. ORDINANCE NO. 4477: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING SECTION 4.18.045 TO THE ANAHEIM MUNICIPAL CODE PERTAINING TO AMUSEMENT AND ENTERTAINMENT PREMISES - RESTAURANTS. . 170: UNIMPROVED PARCELS EXTENDING INTO THE ROADWAY: Councilman Pickler again broached the subject of unimproved parcels extending into the roadway. He thereupon directed staff to submit recommendations on how those protruding areas could be eliminated on main thoroughfares and various areas in industrial tracts. 139: SB 575 - STATUS UPDATE: Councilman Pickier asked for a status update on SB 575 from the Intergovernmental Relations Office; City Manager Talley stated that a report would be forthcoming. 153: CO~{ENTS ON LABOR NEGOTIATIONS: Councilman Bay stated relative to labor negotiations, he was rather disappointed in the news releases he was reading about the Anaheim Fire Association starting a political action fund to remove Mayor Roth and himself from office. There seemed to be irony in a move like that by ~he gentlemen who made up the Association considering their average income level, that they would go after probably two of the most conservative Republicans on the Council. When he looked at their average income, counting their second jobs and whatnot, that put them in a fairly high tax bracket. He would like to only respond to some of the rhetoric he had heard, so that his position on some of those negotiations would be very clear. He had always supported the Fire Department in the budgets and still would do so in the future. The Council had a duty to the taxpayers of the City to reduce the unfunded liabilities that were created and building against the City. Most of the action and policies they stated during the negotiations were to do something about those unfunded liabilities, which included action on two-tier retirement. Looking across the country this year at labor negotiations in the 114 City Hail, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. private sector, and even in some of the public sectors, he had read articles saying that most labor negotiations with unions in the private sector averaged below three percent in pay raises. As he recalled, the contract imposed upon the firemen by the Council gave a 6.1 percent pay increase. The intent of pay increases given by the City over and above the average, and certainly way above the inflation factor of the past year were made to supplement somewhat the moves to put some controls on the fringe benefits of the City. The private sector across the country was making broadscale changes in fringe benefits. That included corporations in the City of Anaheim and those changes this year included two-tier retirement for ali of the employees, and particularly heavy moves on salaried and management employees within the private sector. They were done at a time when those liabilities were non-calculable and could not even be calculated out fifteen and twenty years, because there were no controlling factors on them. The City was faced with that same kind of problem on those fringe benefits. He was amazed at some of the rhetoric he was hearing that implied that major retirement benefits were taken away from existing firemen in the City. The two-tier retirement was primarily aimed at people to be hired in the future in the Fire Department. He could not comment on the Police Association labor negotiations, because the Council had not ratified that contract as yet and, therefore, he would hold his comments until that time. He also had an additional comment on the Firemen's negotiations. It was not his intent and he did not believe the intent of the Council to remove the Widow's and Orphans Fund within those negotiations. He felt it occurred as a "Catch-22" and as a technical part of the negotiations, and he hoped that the Council could take some action to do something about that. He wanted to make the foregoing comments, because the Council had not made comments previously and for very good reasons. The Council took a solid front to support its negotiators in the recent negotiations and until now, it was not right for them to make comments or enter into any of them until they were completed. Councilman Overholt stated that Councilman Bay's comments, he presumed, were his personal opinions and did not necessarily, or may, represent the view of the Council. He chose not to comment on labor negotiations, which were now winding up. 105: PARKING AUTHORITY - COM~{ERCIAL-RECREATION AREA: Mayor Roth referred to a letter received from Transpark relative to their proposal to form a Parking Authority in the commercial-recreation area. He wanted to see where they were going with that and directed staff to give a status report on that proposal. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations, a personnel matter, litigation and potential litigation with action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with possible action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break, to be held in the 7th Floor Conference Room. Councilman Overholt seconded the motion. MOTION CARRIED. (11:14 a.m.) 115 City Hail, Anaheim, California - COUNCIL MINUTES - January 31, 1984, 10:00 A.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:35 p.m.)~ 153: M~MORANDUM OF UNDERSTANDING - ANAHEIM POLICE ASSOCIATION: Councilman Roth offered Resolution No. 84R-49 for adoption. Refer to Resolution Book. RESOLUTION NO. 84R-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT REPRESENTED BY THE ANAHEIM POLICE ASSOCIATION, REPEALING RESOLUTION NOS. 80R-555, 81R-427, 82R-263, 82R-499, 82R-557, 83R-36, 83R-37, 83R-118, 83R-li9, 83R-138, 83R-370, 83R-413, AND SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467, 65R-459, 69R-603, 69R-607, 72R-502, 72R-506, 72R-507, 76R-184, 76R-509, 77R-806, 77R-807, 79R-615, 81R-151, 81R-173, 81R-410, 81R-411, 81R-537, 81R-538 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE PEACE OFFICERS UNIT. Before a vote was taken, Councilman Bay stated he was going to vote "No" primarily because there was no two-tier retirement set up in the contract. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL'MEMBERS: COUNCIL MEMBERS: Kaywood, Overholt, Pickier and Roth Bay None The Mayor declared Resolution No. 84R-49 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to be held in the 7th Floor Conference Room. Councilman Pickier seconded the motion. MOTION CARRIED. (1:37 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:53 p.m.) 153: UTILITIES UNIT EMPLOYEES BENEFIT MODIFICATIONS: Councilman Roth moved to approve the following benefit modifications for employees in the Utilities Unit, effective February 1, 1984: (1) Retired Employee Eligibility for Medical Coverage; (2) City of Anaheim Utilities Unit Benefit Plan - "47"; and (3) Life Insurance Permanent Disability Benefit, as recommended in memorandum dated January 31, 1984, from the Human Resources Director, Garry McRae. Councilman Overholt seconded the motion. Councilman Bay voted "No," because it contained no two-tier retirement provision. MOTION CARRIED. (See Page 117) 153: MODIFICATION TO CITY MEDICAL PLAN FOR 1984: Councilman Roth moved, effective February 1, 1984, to adopt the Plan Document titled "City of Anaheim Employee Benefit Plan - "BB, February 1, 1984," for all employees in the Executive Management, Administrative Management, Support and Supervisory Management, Confidential and Unrepresented Employee groups; and adopt the' 116 City Hail, Anaheim, California - COUNCIL MINUTES - January 31, i984, 10:00 A.M. Retired Employee Medical Coverage Policy for ali employees in the Executive Management, Administrative Management, Support and Supervisory Management, Confidential and Unrepresented Employee groups effective February 1, 1984, and that effective February 1, 1984, the benefit schedules and provisions of the "City of Anaheim Employee Benefit Plan, January 1, 1981" are rescinded and cancelled, as recommended in memorandum dated January 31, 1984, from the Human Resources Director. Councilman Overholt seconded the motion. MOTION CARRIED. 153: BENEFIT MODIFICATIONS FOR AMEA REPRESENTED EMPLOYEES: Councilman Roth moved to approve modified benefits effective February 1, 1984, for employees in the General Employees Bargain Unit and Clerical Employees Bargain Unit: (1) Retired Employee Eligibility for Medical Coverage; and (2) City of Anaheim Employee Benefit Plan - "BB," as recommended in memorandum dated January 31, 1984, from the Human Resources Director. Councilman Pickler seconded the motion. Councilman Bay voted "No, because it contained no two-tier retirement pr.ovision. MOTION CARRIED. (See below under Amendment to Group Long-Term Disability Policy) 153: LIFE INSURANCE PERMANENT AND TOTAL DISABILITY BENEFIT: Councilman Roth moved to adopt the Policy-Permanent and Total Disability Life Insurance Benefit effective February 1, 1984, as recommended in memorandum dated January 31, 1984, from the Human Resources Director. Councilman Pickier seconded the motion. MOTION CARRIED. 153: ~MENDb~NT TO GROUP LONG-TERM DISABILITY POLICY: Councilman Roth moved to approve an amendment to Standard Insurance Company Group Policy Number 384412 effective February 1, 1984, to make the following changes: (1) The coverage for Police Officer's Bargaining Unit is to be non-occupational with a rate factor of .46 percent of basic monthly earnings; (2) The coverage for Bargaining Unit Fire Employees is to be non-occupational with a rate factor of .46 percent of basic monthly earnings, with an effective date of January 1, 1984; (c) Coverage for all other employees insured is to remain unchanged with a rate factor of 1.66 percent of basic monthly earnings, and authorizing the Human Resources Director to sign the Request for Group Insurance Amendment, as recommended in memorandum dated January 31, 1984, from the Human Resources Director. Councilman Pickier seconded the motion. MOTION CARRIED. Councilman Bay, calling for a point of order, stated that he understood all the motions had only to do with the medical benefits and the time the Memorandums of Understanding came up would be the appropriate time for him to question the lack of the two-tier retirement provision. Therefore, he would like to change his vote on those motions where he voted "No," to "Yes." Mayor Roth thereupon accepted the UNANIMOUS VOTE on all the foregoing motions approved after the last recess. Councilman Bay asked for clarification that they were all, in fact, related to medical provisions; Human Resources Director Garry McRae answered that there were some other benefits, but they were ail related to benefit changes. 117 City Hail, Anaheim, California - COUNCIL MINUTES - January 31, i984, 10:00 A.M. 123/112: AMENDMENT TO AGREEMENT FOR SPECIALIZED LEGAL SERVICES: Councilman Pickier moved to approve an amendment to an agreement with Richards, Watson, Dreyfuss and Gershon to increase the limit to $19,500 for services provided under the agreement, as recommended by the City Attorney. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 144: COUNTY JAIL AND LANDFILL FACILITY FEASIBILITY STUDY: Mayor Roth stated that relative to the subject, the Council was continually "putting on the heat" relative to the position of the Board of Supervisors, particularly four of them~ favoring the Gypsum, Coal and Weir Canyon areas for a proposed jail and landfill. He received a call from Supervisor Harriet Welder, and she said she had not made up her mind. He encouraged his colleagues on the Council to continue to work with the Board. He also had available for the press a document announcing a hearing before the Board of Supervisors on Tuesday, February 7, 1984, at 9:30 a.m., and requested that the press publicize the meeting and suggest that residents attend. Unfortunately, the meeting was scheduled the same day as the Council meeting. He, therefore, asked that the City Manager send a representative such as Assistant City Manager James Ruth and Planning Director Ronald Thompson to represent the entire Council, and at least go on record in strong opposition to using either Gypsum Canyon, Weir Canyon, Coal Canyon or anywhere else in that area for a dump site and jail facility. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:00 p.m.) LINDA D. ROBERTS, CITY CLERK 118