1983/06/21City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983~ 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickier, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
ASSISTANT CITY CLERK: Leonora N. Sohl
ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti
HUMAN RESOURCES DIRECTOR: Garry O. McRae
CITY CLERK: Linda D. Roberts
UTILITIES GENERAL MANAGER: Gordon W. Hoyt
WATER ENGINEERING MANAGER: Ray Auerbach
CITY TREASURER: Ruth Redepenning
FINANCE DIRECTOR: George P. Ferrone
FACILITY MAINTENANCE SUPERINTENDENT: John Roche
ASSISTANT CITY MANAGER: James D. Ruth
MECHANICAL MAINTENANCE SUPERINTENDENT: A1 Merriam
STREET MAINTENANCE & SANITATION SUPERINTENDENT: William S. Lewis
ASSISTANT CITY ATTORNEY: Mark Logan
DATA PROCESSING DIRECTOR: Philip Grammatica
STADIUM/CONVENTION CENTER/GOLF GENERAL MANAGER: Thomas Liegler
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend David Beadles, Anaheim United Methodist Church, gave
the Invocation.
FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Roth and
authorized by the City Council:
Better Breathing Day in Anaheim, June 25, 1983
Louise Della Bella accepted the proclamation.
119: RESOLUTION OF APPRECIATION: A Resolution of Appreciation was
unanimously adopted by the City Council and presented to Judge Betty Elias,
Presiding Judge of the Municipal Court, North Orange County Judicial District,
for not only her contributions and dedication to the legal profession, but
also for making the City a better place in which to live, work and play.
119: PRESENTATION: Mr. Jack Wade presented a check for 33,000 for the
Anaheim Police Association Widows and Orphans Fund. Mayor Roth and Mr. Tom
Beardman, President of the Association, accepted the check on behalf of the
Association and thanked Mr. Wade for his continued support of the community.
Other presentations were then made to Mr. Wade by Jim Ort, Terry Inns and A1
Long in further recognition of his outstanding community support, as well as
the generous monetary contributions given to the Special Olympics through his
sponsorship of the ASCAL All-Star Baseball Games.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983, 10:00 A.M.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meetings held May 17 and May 24, 1983. Councilman Bay seconded the motion.
MOTION CARRIED.
Councilwoman Kaywood moved that the clarification to the minutes of May 3,
1983, as suggested in memorandum dated May 31, 1983, be approved. Councilman
Bay seconded the motion. MOTION CARRIED.
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Bay 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. Councilwoman Kaywood seconded the
motion. MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,214,5i0.49, in
accordance with the 1983-84 Budget, were approved.
CITY b~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 Pickler
offered Resolution Nos. 83R-249 through 83R-251, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following alaims filed against the City were rejected and
referred to Risk Management:
a. Claim submitted by Automobile Club of Southern California, subrogee of
Sandra Rasmussen, for damages purportedly sustained due to malfunctioning
traffic signal on Brookhurst Street at the intersection of Crescent
Street, on or about March 1, 1983.
b. Claim submitted by Nationwide Insurance, William Nixon, Insured, for
property damages to claimant's insured car purportedly sustained due to
actions of City employees at 226 South Agate Street, on or about
February 14, 1983.
c. Claim submitted by John R. and Kathleen H. Garcia and Ruth C. Black
(Hudson) for mental strain and property loss purportedly sustained due to
actions of the City at the Anaheim Hills Restaurant, 6501 Nohl Ranch Road,
on or about January 31, 1983.
d. Claim submitted by Bernice M. Hron for personal injury damages
purportedly sustained due to a trip-and-fall accident in the lounge of the
Senior Citizens Building, on or about February 8, 1983.
e. Claim submitted by Sherry Hyde for personal property damages to
television purportedly sustained due to a power surge at 303 North La
Reina, on or about February 10, 1983.
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City Hall, Anaheim~ California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
2. The following correspondence was ordered received and filed:
a. 105: Public Utilities Board--Minutes of May 19, 1983.
3. 109/167: Authorizing the City Manager to submit a grant application in
the amount of ~46,669.23 to California Office of Traffic Safety to implement a
Traffic Signal System Improvement Study and accepting and appropriating said
funds into Traffic Engineering Revenue Account No. 01-3137, State subventions
and grants.
4. 158: Authorizing a supplemental payment to Adolph Phillip Miller in the
amount of ~8,798.17 for modification to the building and parking lot lighting
and signing at 325 and 327 South Anaheim Boulevard, as required by the Anaheim
Boulevard Street Widening Project, Account No. 13-792-7101-E2580 (R/W 2800-2).
5. 123: Authorizing an agreement with Phillips Brandt Reddick in the amount
of ~11,985 for preparation of an environmental impact report for the widening
and improvement of Anaheim Boulevard from Lemon Street to Cypress Street.
6. 123: Terminating an agreement with Canteen Corporation providing for
floor space and utilities for vending machine service at the Police Facility,
425 South Harbor Boulevard, effective July 20, 1983.
7. 123: Authorizing an agreement with Orange County Food Service providing
for floor space and utilities for vending machine service at the Police
Facility, 425 South Harbor Boulevard, effective July 20, 1983.
8. 123: Authorizing agreements with Anaheim Union High School District,
Centralia School District, and Magnolia School District for participation in
the Park Ranger Program, for the term June 17 through September 11, 1983.
9. 160: Authorizing the Purchasing Agent to issue a purchase order to
Advanced Control Systems in the amount of ~46,667.56 for one each, Model 3050
Remote Terminal Unit for Westridge Pump Station; one each, Model 3010 Terminal
Unit for Lenain Filter Plant; and four each, MPR 3055 Remote Terminal Units
for MWD #6-A vault, in accordance with Bid No. 3704.
10. 160: Authorizing the Purchasing Agent to issue a purchase order, without
competitive bidding, to Motorola Communications and Electronics in the amount
o£ ~4~,~ £or electronic radio equ~pmen~ £or Lew~s ~ubs~a~on.
11. 160: Accepting the bid of Hertz Corporation in the amount of ~39,797.70
for five used sedans, in accordance with Bid No. 3978.
12. 160: Accepting the low bid of Miramar Equipment Company in the amount of
~11,130 for one compact tractor loader, Fleet Maintenance Specification 82/83
FM65, in accordance with Bid No. 3981~
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City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983~ 10:00 A.M.
13. 160: Accepting the bids of McGraw-Edison in the amount of $40,442.18 for
three each 300KVA, Item 1, and four each 225KVA three-phase padmount
transformers, Item 3; and, General Electric Co.; in the amount of 515,881.98,
for one each 750 KVA three-phase padmount transformer, Item 2, in accordance
with Bid No. 3977.
14. 103: RESOLUTION NO. 83R-249: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM INITIATING ANNEXATION PROCEEDINGS FOR LAKEVIEW-ORANGETHORPE
NO. 6 ANNEXATION TO THE CITY OF ANAHEIM AND FIXING A TIME, DATE AND PLACE OF
HEARING OF SAID PROPOSED ANNEXATION PURSUANT TO SECTION 35220 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA. (public hearing set July 26,
1983, 1:30 p.m.)
15. 113: RESOLUTION NO. 83R-250: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF FILE COPIES OF CERTAIN PARKING
CITATIONS OVER TWO YEARS OLD.
16. 158: RESOLUTION NO. 83R-251: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AGREEING TO ACCEPT THE RELINQUISHMENT OF A PORTION OF BALL
ROAD AND WAIVING THE PROTEST PERIOD RELATING THERETO. (State of California, a
portion of Ball Road, east of Sunkist Street)
17. 123: Authorizing an agreement with Robert Wasserman, Consultant, in an
amount not to exceed 56,000, for development and administration of an
assessment center for the position of Police Lieutenant.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-249 through 83R-251,
both inclusive, duly passed and adopted.
153: RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE A/~AHEIM MUNICIPAL
EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT (SENIOR CODE ENFORCEMENT
OFFICER): Human Resources Director Garry McRae first explained for Councilman
Bay that with the proposed resolution, a new job classification is created
because there were two incumbents in the existing class of Senior Code
Enforcement Officer. Rather than modifying the compensation upwards, the new
classification would affect only one incumbent. It represents a salary
increase for the person who is going to receive the additional responsibility
of supervising the Housing Code Enforcement Inspectors. No additional
positions are created, but one position would be paid more. The Chief
Building Official would no longer supervise the Housing Code Inspectors.
There were seven positions before and there would be seven positions after.
There would now be a supervisor over the six positions. It was not a staff
and support position, but a bargaining unit position.
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City Hall, Anaheim~ California - COUNCIL MINUTES - June 21~ 1983, 10:00 A.M.
Councilman Roth offered Resolution No. 83R-252 for adoption, amending
Resolution No. 82R-501 which established rates of compensation for classes
represented by the Anaheim Municipal Employees Association, General City
Employees Unit, creating the classification of Code Enforcement and Housing
Supervisor, effective July 1, 1983. Refer to Resolution Book.
RESOLUTION NO. 83R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAltEIM AMENDING RESOLUTION NO. 82R-501 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, GENERAL CITY EMPLOYEES UNIT. (Code Enforcement and Housing
Supervisor)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-252 duly passed and adopted.
CITY PLANNING COMMISSION ITEMS: The following actions taken by the City
Planning Commission at their meeting held June 1, 1983, pertaining to the
following applications were submitted for City Council information.
1. VARIANCE NO. 3332: Submitted by Swo-Wei Chai, et al, (Sandman Inn), to
expand an existing motel on C-R zoned property located at 921 South Harbor
Boulevard, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-101, granted
Variance No. 3332, and granted a negative declaration status.
2. RECLASSIFICATION NO. 82-83-31 AND VARIANCE NO. 3336: Submitted by Lido
Lane Properties, et al, for a change in zone from CL to RM-3000, to construct
a 12-unit affordable condominium complex on property located at 3040 West Ball
Road, with the following Code waivers: (a) required lot frontage, (b) minimum
lot area per dwelling unit, (c) minimum sideyard setback, and (d) minimum
recreational-leisure area.
The City Planning Commission, pursuant to Resolution Nos. PC83-102 and
PC83-103, ~rant~d R~cla~i~icat~on No. 8.2-83-31 and Variance No. 3336, ~n
part, and granted a negative declaration status.
3. RECLASSIFICATION NO. 82-83-32: Submitted by Anaheim Redevelopment Agency,
for a change in zone from CG to CL, to construct a 2 and 3-story commercial
center on property located at 90 South Anaheim Boulevard.
The City Planning Commission, pursuant to Resolution No. PC83-104, granted
Reclassification No. 82-83-32, and granted a negative declaration status.
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City Hall~ Anaheim, California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
4. CONDITIONAL USE PERMIT NO. 2443: Submitted by Shirisbabu H. Patel, et al,
(Modernaire Motel), to expand an existing motel on CL zoned property located
at 2145 South Harbor Boulevard, with a Code waiver of minimum number of
parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-105, granted
Conditional Use Permit No. 2443, and granted a negative declaration status.
5. CONDITIONAL USE PERMIT NO. 2444: Submitted by Nicholas J. and Lillian
Dovalis, to permit on-sale beer and wine in a proposed restaurant on CL zoned
property located at 2561 West Ball Road.
The City Planning Commission, pursuant to Resolution No. PC83-106, granted
Conditional Use Permit No. 2444, and granted a negative declaration status.
6. VARIANCE NO. 3337: Submitted by Elizabeth C. Edwards, to construct a
25-unit apartment building on RS-A-43,000 zoned property located at 831 South
Webster Avenue, with a Code waiver of maximum structural height.
The City Planning Commission, pursuant to' Resolution No. PC83-108, granted
Variance No. 3337, and granted a negative declaration status.
7. VARIANCE NO. 3339: Submitted by City of Anaheim, to establish a
retail/office complex on CG zoned property located at 630 North Anaheim
Boulevard, with a Code waiver of minimum number of parking spaces.
The City Planning Commission, pursuant to Resolution No. PC83-109, granted
Variance No. 3339, and granted a negative declaration status.
8. TENTATIVE TRACT NO. 10985: Submitted by Kaufman & Broad, Inc., to
establish a 2-lot, 234-unit RM-3000(SC) zoned subdivision on property located
southeast of the intersection of Santa Ana Canyon Road and the proposed
southerly extension of Weir Canyon Road.
The City Planning Commission, at their meeting of June 13, 1983, approved
Tentative Tract No. 10985. Environmental Impact Report No. 256 was previously
certified on June 8, 1982.
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. 2445: Submitted by Margot E. Wright, to permit a
bed and breakfast inn on RS-7200 zoned property located at 1327 South Hickory
Street.
The City Planning Commission, pursuant to Resolution No. PC83-107, granted
Conditional Use Permit No. 2445, and granted a negative declaration status.
A review of the Planning Commission's decision was requested by Councilman
Pickler and, therefore, a public hearing would be scheduled at a later date.
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City Hall~ Anaheim, California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 83-10~ ME-N-ED'S PIZZA:
Request submitted by Noel M. Torres, to consider an appeal of the decision of
the Planning Director approving an Amusement Arcade Application for Me-n-Ed's
Pizza, 835 South Brookhurst Street, for 20 amusement devices. Submitted was a
report from the Zoning Division, dated June 10, 1983.
The Mayor asked to hear from the applicant.
Mr. Robert Red, 11328 Pennell Circle, Fountain Valley, was present to answer
any questions and confirmed for the Mayor that he was satisfied with the
approval of the Planning Director of his Arcade Permit No. 83-10.
The Mayor then asked to hear from Mr. Noel Torres, who appealed the decision
of the Planning Director.
Mr. Noel Torres, 2521 West Sunflower, Santa Ana, stated he was the owner of
the Journey Inn Arcade, 878 South Brookhurst, located across the street from
the subject business. A video arcade was a type of business that had a high
cost of operation to make it profitable. That high cost necessitated a high
volume of traffic and if Me-N-Ed's was allowed to operate an amusement arcade
across from his business, it would be impossible to maintain his business.
Mr. Torres then answered a line of questioning posed by Councilman Overholt,
following which Mr. Red (Me-N-Ed's) explained that their intent was not to
become an arcade. Their main business was pizza. He did not believe they
would be installing 20 games as indicated on his application, but 9 games, and
he did not feel his operation would compete with that of Mr. Torres. In
answer to Councilwoman Kaywood, he also confirmed that they had four games on
the premises for the last fo6r or five years. They also would not post a sign
on the exterior of the building stating that it was an arcade.
In answer to additional questions, Mr. Red explained that he initially made an
application for 9 games, but the Planning Representative suggested that he
apply for 20, otherwise, they would have to refile for any additions;
Councilman Overholt asked if he would then be willing to stipulate that that
number be reduced to 10.
Mr. Red answered that he would not stipulate to that at this time.
The Mayor stated that pursuant to the Anaheim Municipal Code, it provided that
the Council shall approve said permit unless it finds and determines: (1)
Said application fails to conform to the requirements of this chapter, (2)
that the property on which the use is proposed is not properly zoned for said
use, (3) or the approval of said permit would be contrary to the public
interest, health, safety and general welfare.
MOTION: Councilman Roth thereupon moved to approve the Amusement Arcade
Application for 20 amusement devices submitted by Me-N-Ed's Pizza, 835 South
Brookhurst Street. Councilman Pickler seconded the motion.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983, 10:00 A.M.
Before a vote was taken, Councilman Bay asked if the motion should be a denial
of the appeal.
City Attorney William Hopkins explained that the Council could approve or deny
the application and the denial would be based on one of the three items
stated. It was a hearing de novo based on the ordinance.
After further discussion, Councilman Roth amended his motion to include denial
of the appeal by Mr. Torres.
Councilwoman Kaywood asked the City Attorney, since Mr. Red stipulated that
there would be no signs advertising an arcade, if he saw any problem with
that; Mr. Hopkins answered that he did not believe there was any provision in
the applicable Code section regarding signs, but if he stipulated that there
would be no such sign, that would be acceptable.
Councilman Overholt stated he was going to vote "No." There were already two
video arcades in that neighborhood and he felt it was a matter of public
interest that they did not over-proliferate arcades in that area of
Brookhurst. Mr. Red stated it was not his intention to establish a video
arcade and he (Overholt) believed that, but what concerned him was the fact
that he intended to install only 9 machines and it would be appropriate to
grant him that. However, since his application indicated 20 machines, they
were getting more into the arcade end of the business.
After additional discussion between Councilmen Overholt and Bay on the issue,
a vote was taken on the foregoing motion to approve the subject application
and deny the appeal of Mr. Torres. Councilman Overholt voted "No." MOTION
CARRIED.
108: HEARING - AMUSEMENT ARCADE APPLICATION NO. 83-11~ FUNCADE: Request of
Steven J. March, to consider an appeal of the decision of the Planning
Director approving an Amusement Arcade Application for Funcade, 1151 North
Euclid Street, #D, for 35 amusement devices. Submitted was a report from the
Zoning Division, dated June 10, 1983.
Annika Santalahti, Assistant Director for Zoning, explained that establishment
of the subject arcade was opposed by 19 occupants residing or operating
businesses within 300 feet of the premtses~ amounting to 26 percent. The
Planning Director approved the application~ since a majority protest (51
percent) was not received. In this instance, the owner of the complex to the
rear of the proposed business, Mr. Steven March, filed an appeal of the
decision of the Planning Director.
The Mayor asked if the applicant was present.
Mr. Kyu Jong Cho, 7064 Brookshire Drive, Fullerton, stated they presently had
arcades in Anaheim, one located on Brookhurst Street operated by his cousin,
and one located at Euclid and Katella operated by his uncle. They had never
received any complaints from apartments or any residents. There was constant
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City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1983, 10:00 A.M.
supervision and there was no question about kids loitering at their
establishments. They had been in the arcade business for three years, which
consisted strictly of games with no food or drink. They were looking more for
a family arcade business and not one that would just attract children.
The Mayor then asked if anyone wished to speak.
Mr. Steven March, 237 Rio Grande, Placentia, stated he owned the six-unit
apartment directly behind the proposed arcade at 1142 Mohican. The rear of
his apartments had garages and bedroom windows 25 feet away from the rear of
the shopping center. At present, they had existing problems without the
addition of the Funcade. He had a direct path coming from Glen and Neighbors
and there was quite a bit of traffic that came through their complex, creating
a nuisance. He had locked gates, but the locks were constantly damaged
because of the short cut and it was a continuing problem they had for many
years. He also conducted a survey of the businesses in the center and seven
out of nine voiced their opposition. Many had done so prior to the due date
and the other day he obtained some signatures on his own of those who had not
turned in their cards. He also explained for Councilman Bay that since he did
not live in the apartments, he did not know about the situation until a week
later when the tenants called him and, therefore, he did not survey the
neighborhood other than the businesses.
Councilman Bay recalled in some of the past decisions made by the Council when
the poll was closed relative to those in favor and in opposition, the appelant
who wanted to establish the arcade was allowed to petition those people in
opposition and possibly change their minds. He wanted to adhere to 'the rules
and if Mr. March wanted to stop the arcade, he would have to get that
opposition changed from a minority to a majority.
Mayor Roth asked the City Attorney if they could continue the matter so that
Mr. March could submit a new count.
City Attorney Hopkins answered that the entire matter was in the hands of the
Council, since this was a hearing de novo. If the Council continued it and
Mr. March brought in further evidence, the Council could consider that new
evidence in making its decision.
MOTION: C'0uncilman Roth moved to continue consideration of the appeal of the
decision of the ?lannin~ Director approving an amusement arcad~ application
for the Funcade to July 12, 1983. Councilman Overholt seconded the motion.
Councilman Bay abstained. MOTION CARRIED.
Mr. March asked if they would be notified of the meeting; Councilman Overholt
stated another notice would not be sent relative to that meeting, since they
had set a date certain as stated in the motion. Before concluding, Councilman
Overholt asked the City Attorney to submit a brief report clarifying the
meaning of hearing de novo.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
170: FINAL MAP - TRACT NO. 9864: Developer, Boulevard Development, Inc.;
tract is located on the south side of Nohl Ranch Road and the east of Meats
Avenue, and contains a 34-1ot (two open space lots) proposed RS-HS-iO,000(SC)
zoned subdivision.
On motion by Councilman Roth, seconded by Councilwoman Kaywood, the proposed
subdivision, together with its design and improvement, was found to be
consistent with the City's General Plan, and the City Council approved Final
Map Tract No. 9864, as recommended by the City Engineer in his memorandum
dated June 13, 1983. MOTION CARRIED.
LIAISON MEETING - LIBRARY BOARD: Councilman Overholt reported at the liaison
meeting last week with the Library Board, the Board discussed how they were
going to get involved in the budget process at an earlier stage, at a point
where policy issues were taking place and not last minute crash type
involvement.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss labor relations and personnel matters with no action anticipated; the
City Attorney requested a Closed Session to discuss litigation and potential
litigation with no action anticipated.
Councilman Roth moved to recess into Closed Session. Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (11:30 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2435 AND NEGATIVE
DECLARATION: Application submitted by Camping World of California, Inc.,
(Camping World), to retain overnight customer parking (camping) in conjunction
with an existing recreational vehicle service facility on ML (proposed CR)
zoned property located at 866 South West Street.
The City Planning Commission, pursuant to Resolution No. PC83-88, declared
that the subject project be exempt from the requirement to file an
Environmental Impact Report pursuant to the provisions of the California
Environmental Quality Act on the basis that there will be no significant
individual or cumulative adverse environmental impact due to the approval of
this negative declaration, since the Anaheim General Plan designates the
subject property for commercial recreation land uses commensurate with the
proposal; that no sensitive environmental impacts are involved in the
proposal; and that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and
further denied Conditional Use Permit No. 2435.
The decision of the Planning Commission was appealed by the applicant and
public hearing scheduled this date.
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City Hall, Anaheim, California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
MOTION: Councilwoman Kaywood moved to continue the public hearing on
Conditional Use Permit No. 2435 and negative declaration to July 5, 1983, at
1:30 p.m., as requested by the applicant. Councilman Bay seconded the
motion. MOTION CARRIED.
106: CONTINUED PUBLIC HEARING - BUDGET: To consider the proposed 1983/84
Resource Allocation Plan (continued from the meeting of June 14, 1983--see
minutes that date).
City Manager William Talley briefed each department's budget presentation by
referencing the page numbers in the submitted budget, control centers,
position controls, and capital improvement projects, where applicable, as well
as the budget total for each department, noting any areas of change, issues
and/or other items which needed further explanation.
The following department heads then gave an overview of their budgets and
plans for 1983-84 as well as, in some cases, achievements during 1982-83,
followed by questions and comments from Council Members.
Be
City Clerk Linda Roberts--City Clerk's Department: Department 04, Control
Center, Page C-35--budget total, $362,799. Position Control, Page E-il.
No capital improvement projects. Executive Summary, Page 37.
City Clerk Roberts also briefed the Council on the situation relative to
the increased billing from the County for the November 1982 election,
which was not anticipated.
Public Utilities General Manager Gordo? Hoyt--Public Utilities
Department: Department 21, 13 Control Centers, Pages C-244 through
C-316. Total request, ~174,132,515. Capital improvement projects, Pages
D-5 through D-32. Water utility projects, ~9,900,797. Electric utility
projects, ~29,591,300. Total departmental budget request, ~213,624,612.
Position Control, Pages E-47 through E-59. Executive Summary, Pages 29
and 30.
Mr. Hoyt's presentation was supplemented by slides, copies of which were
submitted in printed form, Charts A through N and Tables 2 through 5 (28
pages) entitled, City of Anaheim--Public Utilities Department--1983-84
Resource Allocation Plan (on file in the City Clerk's office). The
narrative for each slide explaining the charts and tables in detail were
also submitted (13 pages, on file in the City Clerk's office). Public
Utility Board recommendations for both the electric and water utility were
listed on Tables 3 and 5, respectively.
Mr. Ray Auerbach, Water Engineering Manager, also answered questions posed
by the Council.
Human Resources Director Garry McRae--Human Resources Department:
Department 05, Control Center, for Human Resources and Ceta Services,
Pages C-45 and C-56. Budget total (collectively), $2,538,703. No capital
528
City Hall, Anaheim~ California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
improvement projects. Position Control, Page E-13. Executive Summary,
Pages 25 and 38. Council-approved amendments to the Community Development
Block Grant application increased the budget request by ~129,000.
City Treasurer Ruth Redepennin~--Cit~ Treasurer's Department: Department
07, Control Center, Page C-40. Recommended appropriations, ~626,953. No
capital improvement projects. Position Control, Page E-12. Executive
Summary, Page 36.
Finance Director George Ferrone--Finance Department: Department 06, five
Control Centers, Administration, Risk Management, Accounting, Purchasing,
Reprographics and Mail, Pages C-61 through C-74. Budget total,
$2,795,447. No capital improvement projects. Position Control, Pages
E-!4 through E-18. Executive Summary, Pages 39 and 45.
e
Maintenance Director~ John Roche--Maintenance Department: Department 17,
five Control Centers, Maintenance Administration, Street Maintenance and
Sanitation, Facility Maintehance, and Fleet Maintenance, Pages C-214
through C-235. Budget total, ~27,224,131. One capital improvement
project, Page D-32, Carnegie Library Building Handicapped Access, ~20,000,
bringing the departmental total to ~27,244,131. Position Control, Pages
E-42 through E-46. Executive Summary, Pages 18, 21, 43 and 44.
Mr. Roche supplemented his presentation by slides, copies of which were
submitted in printed form entitled, Department of Maintenance, Budget
Highlights, 1983-84, containing summaries and highlights of the Dep~rtment
of Maintenance overall, Fleet management, street maintenance and
sanitation, facility maintenance, facility kw consumption compared to
prior year and EMS installation schedule (on file in the City Clerk's
office). He briefed each of the documents presented. Mr. A1 Merriam,
Mechanical Maintenance Superintendent, and Mr. Bill Lewis, Street
Maintenance and Sanitation Superintendent, also answered questions posed
by the Council relative to their respective functions.
RECESS: By general consent, the Council recessed for 10 minutes. (3:40 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (3:50 p.m.)
City Attorney W~ll~am ~opklns--Cit~ Attorne~ts Office:
Control Center, Page C-29. Budget total, 31,423,638.
Page E-10. Executive Summary, Page 36.
Department 03,
Position Control,
Mr. Talley noted that calculation errors made in the budget reduced the
figure by ~17,632, resulting in a new departmental total of ~1,406,006.
He stated following the City Attorney's presentation, his office would
like to make a presentation to the Council on cost comparisons and
justifications of the entire City Attorney's budget request.
529
City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983~ 10:00 A.M.
City Attorney William Hopkins, after expanding on the present caseload in
his office, stated that the Resource Allocation Plan before the Council
did not consider the additional personnel they requested, two prosecuting
attorneys and one intermediate typist clerk, totaling 383,268, raising the
overall budget to $1,489,274. He gave a detailed presentation relative to
the need for the additional personnel to be utilized in the new court
rooms of the North Orange County Court.
Judge Betty Elias, Presiding Judge of the Municipal Court, North Orange
County Judicial District, briefed the Council on the workload in her
court, the increases in cases, and the need to add to the City Attorney's
staff. She pointed out that there were four courts at present addressing
53 percent of the cases which were handled by the District Attorney. The
City Attorneys handled 47 percent of the cases, which are misdemeanors and
non-felonies. She asked that the Council give serious consideration to
the request for the welfare of the City of Anaheim.
Councilman Overholt asked what would happen if the Council did not direct
an increase in the budget and she did not get two more attorneys and a
clerk in the North Court.
Judge Elias explained that they were scheduled to move into the new
building on Monday and there would be one more court room for Mark Logan,
Assistant City Attorney, to handle. Something had to be done now,
otherwise the City Attorney's staff was going to suffer.
Mrs. Sherri Pignone, 1181 Crown' Street, then relayed an incident told to
her involving a court case which occurred two years ago where in the final
analysis the City lost the casa primarily because of the heavy workload of
the City's prosecuting attorney.
Extensive discussion and questioning took place on the issue between
Council Members, Judge Elias and City Manager Talley, followed by a
presentation by Mark Logan, Assistant City Attorney in charge of the
criminal prosecution section, who reported that they were not staffed to
handle any additional court rooms, but they would be assigned those
additional courts whether they had the staff or not. They were in a
desperate situation where they needed the additional prosecutors and
clerical support to man those courts.
City Manager Talley then gave a presentation which countered the request
for additional personnel in the City Attorney's office. He then briefed
the da~a contained in his report of June 21~ 1983~ to the City Council
(Cost Comparisons/Justifications of City Attorney Budget Request),
including the six attachments, Legal Services, Costs and Revenues, FY
1980-81 through FY 1982-83, Per Capita Legal Services Costs and Revenues,
FY 1980-81 through FY 1982-83, FY 1982-83 Estimated Expenditures,
Comparison of General Funded versus City Attorney Budget Increases FY's
1975-76 and 1983-84, Deficiencies in City Attorney's Personnel Increase
Justification, Solutions.
530
City Hall~ Anaheim, California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
Mr. Talley also recommended that Council consider commissioning a study by
an independent third party that would look at the entire service in the
department and attempt to solve the matters~once and for all. For six
years, he had advocated a workload reporting system and recommended
studies that would be commissioned by the Attorney that had not been
accomplished. They had further recommended office managers which were
supposed to solve the problems. He reiterated that before Council added
three positions to the budget costing ~83,000 this year, which would grow
every year, he would recommend that an independent third party study the
entire legal operations of the City Attorney to see whether or not there
was a better way to deliver such services.
In concluding, Mr. Talley stated he believed they had an excellent
prosecutorial service, but he did not believe they had been shown
workloads indicating a 50 percent increase next year or that everything
else was being done in the most cost-effective way possible, nor shown any
statistics stating that everything being done now internally should
continue to be done.
City Attorney Hopkins stated it was unprecedented for the City Manager to
present a counter-attack of the nature presented. However, he (Talley)
had summed it up accurately, stating that he was not the legal expe~t and
an attorney, but was approaching the situation from a statistical and
accounting standpoint. He respected his ability as an accountant, but
disputed the legal aspect and he did not feel that the figures presented
were relevant. They were comparing small cities against Anaheim, which
was a unique type of city. Since he only received the figures
approximately one-half hour ago, he did not have an opportunity to analyze
them. Further, as of July 5, their recently hired office manager will
start a system of keeping time and records, using the WANG word processing
equipment. They would then be able to produce facts and figures that
would satisfy the City Manager. He did not want to go out and hire a
$90,000 consultant to do a study or make a large statistical analysis.
Cit~ Council: (Mr. Talley gave the presentation.) Department 01, Control
Center Page C-10. Budget total, ~2,343,145. No capital improvement
projects. Position Control, Page E-5. Executive Summary, Page 34. The
budget was reduced by $9,897, since previous Council action reduced the
scope o£ support to the Halloween Festival, resulting in a new
departmental total of ~2,333,248.
Both Mr. Talley and Ron Rothschild, Program Development and Audit Manager,
then answered questions posed by Councilman Bay on the figures contained
therein, specifically with regard to discretionary funds.
Mr. Talley then noted that the President and Members of the Executive Board of
the Visitor and Convention Bureau were present to make a presentation or
answer any questions. He had submitted to Council a communication from his
office indicating his recommendation on the change in the contract with the
V&C, also pointing out several amendments to the program.
531
City Hall~ Anaheim~ California - COUNCIL MINUTES - June 21~ 1983~ 10:00 A.M.
Mr. Bill Snyder, President, Anaheim Visitor and Convention Bureau, then shared
with the Council thoughts they had developed with the visitor industries,
emphasizing that the Bureau's prime function was to bring conventions, trade
shows, meetings and tourists to Anaheim. He also emphasized during his
presentation that there was a definite need to increase their penetration in
the smaller meeting fields, while holding tight on the larger meeting market
if they were to fill additional rooms that were going to be available in the
City. He then answered questions posed by Council Members.
Mr. Herb Leo then clarified some of the points made by Mr. Snyder and also
answered Council questions.
Mr. Talley then recommended a motion authorizing an agreement with the Anaheim
Area Visitor and Convention Bureau providing for tourism and visitor
promotional activities.
Councilman Bay stated he had seen the new agreement, but not the old and,
therefore, he did not know what the differences were between the two.
After further discussion on the proposed new agreement, it was determined that
the agreement would be continued to June 28, 1983.
Data Processing Director Phil Grammatica--Data Processin~ Department:
Department 16, Control Center C-238. Budget total, $3,298,882. No
capital improvements. Position Control, Page E-41. Executive Summary,
Page 42.
10. Convention Center~ Stadium and Golf General Manager Tom
Lie~ler--Convention Center, Stadium and Golf Courses: Department 14,
three control centers, Stadium, Page C-188, Convention Center, Page C-202
and Golf Courses, Page C-210. Budget total (collectively), ~26,397,755.
There were nine capital improvement projects totaling $1,113,176, Pages
D-48 through D-52. Departmental budget total, ~27,510,931. Position
Control, Pages E-38, E-39 and E-40. Executive Summary, Pages 31, 32 and
33.
11. City Manager William Talley--Administration: Department 02, four control
centers, City Administration, Page C-14, Administrative Services~ Page
C-17, Program Development and Audit, Page C-20 and Intergovernmental
Relations and Public Information Office, Page C-25. Budget total,
$1,177,429. One capital improvement project--City-wide Cable TV
Production in the amount of $81,910, Page D-47. Departmental total,
$1,259,339. Position Control, Pages E-6 through E-9. Executive Summary,
Pages 35 and 40.
Mr. Talley explained that there was an increase in dues for the Orange
County League which was approved by the League for ~613. The new League
of California Cities would increase the budget request by $2,750. They
were recommending an addition of 1,000 part-time hours for an intern at
~5,470. In addition, the Executive Director for Administrative Services,
532
City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983, 10:00 A.M.
since they now knew all the costs for that position, would increase the
budget by $5,816, resulting in a new budget total of $1,273,988. However,
after listening to himself today on tightening up the budget, they also
made the recommendation that they would cut one more position out of the
City budget and assume the workload that the Administrative Assistant to
the City Manager was doing last year, which would increase the reduction
in total personnel to 27 this year, thereby reducing the budget by
$54,430. He did not believe he could advocate that everybody else take on
a work load increase if they were not willing to do so. The new budget
total with all the changes would be ~1,219,558.
Mr. James Ruth, Assistant City Manager, then presented highlights of some
of the activities of the City Administration budget.
Mr. Talley then referred to the appropriations limit for the fiscal year
commencing July 1, 1983 and ending June 30, 1984, Exhibit A through G,
previously submitted under memorandum dated June 7, 1983, from the Program
Development and Audit Manager.
Councilwoman Kaywood offered Resolution No. 83R-253 for adoption, adopting the
appropriations limit in the amount of $91,715,413 for fiscal year 1983/84.
Refer to Resolution Book.
RESOLUTION NO. 83R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL
YEAR 1983/84.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Resolution No. 83R-253 duly passed and adopted.
MOTION: Councilman Roth moved to continue the public hearing on the budget to
June 28, 1983. Councilman Pickler seconded the motion. MOTION CARRIED.
174/106: PUBLIC HEARING - FEDERAL GENERAL REVENUE SHARING FUNDS: To consider
the proposed 1983/84 General Revenue Sharing Allocations in the amount of
$3,087,616.
The Mayor asked if anyone wished to speak relative to the proposed Ceneral
Revenue Sharing Allocations; there being no response, he closed the public
hearing.
MOTION: Councilwoman Kaywood moved to approve the 1983/84 General Revenue
Sharing Allocations in the amount of $3,087,616. Councilman Overholt seconded
the motion. MOTION CARRIED.
533
City Hall, Anaheim, California - COUNCIL MINUTES - June 21, 1983, 10:00 A.M.
129: NORTH ORANGE COUNTY FIRE PROTECTION SYSTEM: City Manager Talley
referred to and briefed a portion of his detailed position paper dated
June i4, 1983, relative ~ ~ the subject system, recommending that the Council
approve, in principle, tLe willingness of the City of Anaheim to participate
with other local governments in refining the position paper and in actively
cooperating with those local governments in exploring the implementation of
the proposed North Orange County Fire Protection System (report on file in the
City Clerk's office).
MOTION: Councilwoman Ka~-ood moved to approve, in principle, the willingness
of the City of Anaheim to participate with other local governments in
exploring the implementation of the proposed North Orange County Fire
Protection System, as recommended and outlined in position paper from the City
Manager dated June 14, 1983. Councilman Overholt seconded the'motion.
Before a vote was taken, Councilman Bay stated the important fact was that
such a concept would mean greater savings to the taxpayers in ail areas. He
felt it would provide as good or better service for less money.
A vote was then taken on the foregoing motion. MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Pickler moved to recess into Closed
Session. Councilman Roth se onded the motion. MOTION CARRIED. (7:00 p.m.)
AFTER CLOSED SESSION: The M~ zor called the meeting to order, all Council
Members being present. (7:27 p.m.)
ADJOURNMENT: Councilman Rot~ moved to adjourn. Councilman Pickler seconded
the motion. MOTION CARRIED. (7:28 p.m.)
LINDA D. ROBERTS, CITY CLERK
BY
ASSISTANT CITY CLE~
534