1983/06/28City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
COUNCIL MEMBERS: None
CITY MANAGER: William O. Talley
CITY ATTORNEY: William P. Hopkins
ASSISTANT CITY CLERK: Leonora N. Sohl
PURCHASING AGENT: Diane Hughart
STADIUM/CONVENTION CENTER/GOLF GENERAL MANAGER: Tom Liegler
CITY ENGINEER: William Devitt
PROGRAM DEVELOPMENT & AUDIT MANAGER: Ronald Rothschild
Mayor Roth called the meeting to order and welcomed those in
attendance to the Council meeting.
INVOCATION: The Reverend Tom Favreau, Hotline Help Center, gave the
Invocation.
FLAG SALUTE: Councilman E. Llewellyn Overholt, Jr., 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:
Hire A Youth Week, July 5-8, 1983
119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was
unanimously adopted by the City Council to be mailed to Brian P. Scottoline,
for being named the 1983 Presidential Scholar by the White House and The
Commission on Presidential Scholars. Mr. Scottoline was the 1983 Senior Class
Valedictorian at Canyon High School and maintained a perfect 4.0 grade point
average and scored a near-perfect 1,560 points of a possible 1,600 in the
Scholastic Aptitude Test.
119: PRESENTATION: Paula Eddy, Anna Horn, Jody Ulm, Todd Eddy, Chris
Jeppson, and Garrick Russell of the Church of Jesus Christ of Latter Day
Saints presented a check for ~126.75 for the Canyon Hills Library.
Mayor Roth, on behalf of the Council and the City, accepted the check and
expressed appreciation for the group's generous donation.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
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 Overholt seconded the
motion. MOTION CARRIED.
535
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~2,605,622.70, in
accordance with the 1982-83 Budget, were approved.
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
offered Resolution Nos. 83R-254 through 83R-262, both inclusive, for
adoption. Refer to Resolution Book.
1. 118: The following claims were filed against the City and action taken as
recommended:
A. Claims rejected and referred to Risk Management:
1. Claim submitted by Verna Buechler for personal injury damages
purportedly sustained due to an accident at Anaheim Stadium, on or about
April 27, 1983.
2. Claim submitted by Jason M. Mancuso for personal injury damages
purportedly sustained due to boulders under the jungle gym area at Peralta
Hills Park, on or abut April 12, 1983.
3. Claim submitted by James D. Payne for personal injury damages
purportedly sustained due to failure of crowd control at the Convention
Center, on or about March 6, 1983.
4. Claim submitted by Darlene Roberts for personal injury damages
purportedly sustained due to a slip-and-fail accident at Anaheim Stadium,
on or about May 1, 1983.
5. Claim submitted by Gretchen R. Lappin for personal property damages to
plumbing purportedly sustained due to parkway tree roots clogging sewer
pipe at 1008 South Clarence, on or about April 21, 1983.
B. Claims rejected and referred to Governmental Programs Division, Markel
Services, Inc.:
6. Claim submitted by Henry O. Terry and Computerized Gemological
Laboratory for personal injury damages purportedly sustained due to
actions of the Anaheim Police Department at 1525 Mesa Verde East, Costa
Mesa, on or about March 9, 1983.
7. Claim submitted by Kenneth Knoefler for personal property damages
purportedly sustained due to actions of Anaheim Police Detective, on or
about February 28, 1983.
C. Claim allowed payment:
8. Claim submitted by Anna E. Puthoff for personal property damages to
driveway gate purportedly sustained due to an accident involving an
Anaheim Police Officer at 1782 Colonial Avenue, on or about November 12,
1983. (~98.16)
536
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
2. The following correspondence was ordered received and filed:
a. 175: Before the Federal Energy Regulatory .Commission, Docket No.
ER76-205-003, Remand: (Price Squeeze), Southern California Edison
Company, Order Striking Certain Testimony, June 16, 1983).
b. 156: Police Department--Monthly Report for May 1983.
3. 108: Approving the following applications in accordance with the
recommendations of the Chief of Police:
a. Pool Room Application, Steven Douglas Sigerseth, The Expo, 621 North
Euclid Street, to permit 2 additional pool tables.
b. Public Dance Permit, Laura Anne Acuna, The Hungry Tiger Seafood
Restaurant, 1168 South State College Boulevard, to hold a dance on July 2,
1983, from 7:30 p.m. until 1:00 a.m.
c. Dinner Dance Permit, Guadalupe and Eulogio Esparza Pacheco, La Palma
Drive Inn, 940 North Anaheim Boulevard, for dancing Thursday thru Sunday,
7:00 p.m. to 2:00 a.m.
d. Public Dance Permit, Thai Q. Nguyen, Vietnamese Dance, to hold a dance
at the Anaheim Convention Center on July 2, 1983, from 8:00 p.m. to 1:00
a.m.
e. Public Dance Permit, Manuel Gomez, Anaheim Dance Promotions, to hold a
dance at the Anaheim Convention Center on July 2, 1983, from 6:00 p.m. to
1:00 a.m.
4. 123: Authorizing a Grant Agreement with the Orange County Manpower
Commission in the amount of ~470,550 for the period~of May 1, 1983 to
September 30, 1983 for the Summer Youth Employment Work Experience Program and
authorizing the City Manager to execute same and modifications thereto.
5. 151: Authorizing an Encroachment License with Michael Goland to allow the
encroachment of a miniwarehouse building 8-inches onto an eximting 20-foot
wide water line easement, located east of Armando Street, north of La Mesa
Avenue. (82-Sg)
6. 155/164: Approving the Negative Declarations for the Lemon Street storm
drain improvement from Anaheim Boulevard to Commercial Street and Ball Road
Storm Drain improvement from Sunkist Street to State College Boulevard.
7. 160: Authorizing the Purchasing Agent to issue a purchase order to
Computer Services Corporation in the amount of $30,051 for one traffic
controller with interconnect, one traffic controller with interconnect and
railroad pre-emption and two central controller interface units (IFU).
537
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
8. 160: Accepting the low bid of Riccobon Business Forms in an amount not to
exceed ~53,179.03 for Computer Printout Stock Paper in accordance with Bid No.
3990.
167: RESOLUTION NO. 83R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: MODIFICATION
OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT BALL ROAD AT SUNKIST STREET, IN THE
CITY OF ANAHEIM, ACCOUNT NO. 01-795-6325-E5320. (Bids to be opened July 21,
1983, 2:00 p.m.)
164: RESOLUTION NO. $3R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE STINSON STREET STORM DRAIN AND WATER
IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 24-791-6325-E1280 AND
53-606-6329-27530-34320. (Changing Times Enterprises, $83,343)
169: RESOLUTION NO. 83R-256: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AWARDING A CONTRACT FOR THE LAKEVIEW AVENUE/LA PALMAAVENUE STREET
IMPROVEMENT, IN THE CITY OF ANAHEIM, ACCOUNT NO. 46-792-6325-E2850 AND
11-790-6325-E0450. (Parrott & Wright Construction Company, ~175,231.95)
144/131: RESOLUTION NO. 83R-257: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM INFORMING THE COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY
OF NO CHANGES IN THE CIRCULATION ELEMENT OF ARTERIAL STREETS AND HIGHWAYS ON
THE GENERAL PLAN. (fiscal year 1982/83)
176: RESOLUTION NO. 83R-258: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (82-13A, public hearing scheduled July 19, 1983)
176: RESOLUTION NO. 83R-259: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS. (82-17A, public hearing scheduled July 19, 1983)
150/106: RESOLUTION NO. $3R-260: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT CERTAIN WORK IS OF URGENT
NECESSITY AND AUTHORIZING THE PARKS, RECREATION AND COMMUNITY SERVICES
DIRECTOR TO RECEIVE INFORMAL BIDS FOR PARK MODIFICATION AT PERALTA CANYON
PARK. (Account Nos. 16-805 and 16-3258, $18,000)
158: RESOLUTION NO. 83R-261: A RESOLUTION OF TEE CITY COUNCIL OF T~E CITY OF
ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Raymond G.
Spehar, et al.; AHV, Ltd.; Sav-on Realty, Inc.; The Equitable Life Assurance
Society of the United States; Cornelia S. Vogt; Dunn Properties Corporation;
George D. Osumi, et ux.; George D. Osumi, et ux.)
175: RESOLUTION NO. 83R-262: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE CONSTRUCTION AND COMPLETION OF A PUBLIC IMPROVEMENT, TO WIT: WATER
TRANSMISSION MAIN IN SANTA ANA CANYON ROAD, PHASES II AND III, IN THE CITY OF
ANAHEIM, ACCOUNT NOS. 54-612-6329-17030-34390 AND 54-621-6329-17140-34370.
(Bids to be opened July 28, 1983, 2:00 p.m.)
538
~Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MOTION CARRIED. The Mayor declared Resolution Nos. 83R-254 through 262, both
inclusive, duly passed and adopted.
160: ACCEPTANCE OF BID FOR THREE-YEAR LEASE/M~.INTENANCE OF GOLF CARTS AT
ANAHEIM HILLS GOLF COURSE: The Mayor asked if anyone wished to speak to the
subject bid; there was no response.
Councilwoman Kaywood asked if Taylor-Dunn was ink. !uded in the bids.
City Manager William Talley answered they were sent a bid notice and responded
saying they were no longer in the golf cart business; Purchasing Agent Diane
Hughart and General Manager of the Stadium, Convention Center, Golf Courses,
Tom Liegler then answered additional questions posed by Councilwoman Kaywood
and Mayor Roth for purposes of clarification.
Councilman Pickler moved to accept the low bid of E-Z Go Car in the amount of
$234,970.56 for a three year lease/maintenance of 80 customer golf carts and 5
utility golf carts for Anaheim Hills Golf Co~_zrse in accordance with Bid No.
3983, for the period July 1, 1983 through June 30, 1986, as recommended in
memorandum dated June 21, 1983, from the Pu~ ~_hasing Agent. Councilman Roth
seconded the motion. MOTION CARRIED.
. - CONOMIC DEVELOPMENT ADMINISTRA~TION_! Councilman
174' GRANT APPLICATION_ E~3';-~m the City Engineer and
Pickler n~d in joint report ~atea ..... 1,
the intergovernmental Relations Officer that Anaheim did not meet the
socio-economic and employment criteria relative to the Emergency Jobs Act of
not targeted for public works grants. When he was in
1983 and, therefore, was ....... ~ibilitv criteria for public works
Washington, D.C., in March, Anaheim me~ ~ ~
grants; he inquired if the situation had changed since then.
City Manager Talley stated the City qualified only under special funds because
of unemployment rates; Jerry Frick, intergover[unental Relations office, stated
al~o that according to the Advocate in Washington, D.C., the City's projects
qualified only for the special funds.
City Manager Talley asked Mr. Frick to investigate the matter and submit a
report to Councilman Pickler.
Councilman Pickler offered Resolution No. 83R-~163 for adoption, authorizing
the City Manager to submit a grant application to the Economic Development
Administration in an amount not to exceed ~490~000 for the construction of new
underground storm drains in Lemon Street and ~11 Road, total project cost not
to exceed ~980,000. Refer to Resolution Book.
539
Cit~ Hall, Anaheim~ California - COUNCIL MINUTES - June 28~ 1983, 10:00 A.M.
RESOLUTION NO. 83R-263: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION
ON BEHALF OF THE CITY PURSUANT TO THE EMERGENCY JOBS ACT (PUBLIC LAW 98-8) FOR
SUBMITTAL TO THE OFFICE OF ECONOMIC DEVELOPMENT ADMINISTRATION.
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-263 duly passed and adopted.
106: TRANSFER OF FUNDS TO THE CITY ATTORNEY'S OFFICE: Councilwoman Kaywood
moved to transfer $210,000 to the City Attorney's office general fund
appropriations from the Police Department, as recommended in memorandum dated
June 27, 1983, from the Program Development & Audit Manager, Ronald
Rothschild. Councilman Bay seconded the motion. MOTION CARRIED.
175.123: HYDROGEOLOGIC ENGINEERING SERVICES - WELLS 40 AND 41: Councilwoman
Kaywood moved to authorize an agreement with Camp, Dresser and McKee, Inc., in
an amount not to exceed ~49,608 for hydrogeologic engineering services for
Wells 40 and 41, as recommended in memorandum dated June 20, 1983, from the
Public Utilities Board. Councilman Pickier seconded the motion. MOTION
CARRIED.
175.123: NOTIFICATION SERVICES FOR EXCAVATIONS WITHIN THE CITY'S SURFACE
AREA: Councilman Bay moved to authorize an Associate Party Agreement with
Southern California Gas Company, The Pacific Telephone and Telegraph Company,
General Telephone Company of California, Southern California Edison Company
and San Diego Gas and Electric Company, to provide notification services for
excavations within the City's service area, as recommended in memorandum dated
June 20, 1983, from the Public Utilities Board. Councilman Overholt seconded
the motion. MOTION CARRIED.
175: RESCINDING RESOLUTION NO. 82R-535 REGARDING ELECTRIC RATES ADOPTED
NOVEMBER 2~ 1982: Councilman Roth offered Resolution No. 83R-264 for adoption
rescinding Resolution No. 82R-535, and amending the rates rules and
regulations for the sale and distribution of electric energy relating to the
Step 2 retail electric rates as adopted by Resolution No. 71R-478 and most
recently amended by Resolution No. 82R-190, as recommended in memorandum dated
June 20, 1983, from the Public Utilities Board. Refer to Resolution Book.
RESOLUTION NO. 83R-264: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE RATES RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION
OF ELECTRIC ENERGY AS ADOPTED BY CITY COUNCIL RESOLUTION NO. 71R-478 AND' MOST
RECENTLY AMENDED BY CITY COUNCIL RESOLUTION NO. 82R-190.
540
City Hall, Anaheim, California - COUNCIL MINUTES - June 28~ 1983, 10:00 A.M.
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-264 duly passed and adopted.
105: APPOINTMENTS TO FILL TERMS ON CITY BOARDS AND COMMISSIONS TO EXPIRE
JUNE 30,. 1983: Mayor Roth stated he had no objection to appointing any of
those who had volunteered for reappointment to the various boards and
commissions today; however, he felt they should continue such appointments for
approximately three weeks to give an opportunity for the press to give ample
publicity relative to the vacancies existing on the Community Services Board,
Housing Commission, Industrial Development Board and the Project Area
Committee.
Councilman Bay moved to continue all apPointments to boards and commissions
until July 26, 1983. Councilman Overholt seconded the motion.
Before a vote was taken, Councilwoman Kaywood requested that relative to the
Housing Commission, that the Housing staff make a recommendation on the Tenant
Housing Commissioner position, since 80 people had applied and the Council
would not have an opportunity to interview all of them.
Mayor Roth stated he did not have any objection in this case asking for a
recommendation, since there were 80 candidates.
Before proceeding on that issue, a vote was taken on the motion for
continuance of appointments to July 26, 1983. MOTION CARRIED.
Councilwoman Kaywood thereupon moved that the Housing staff recommend to the
Council two or three candidates, or one, for appointment as Tenant Housing
Commissioner. Councilman Pickler seconded the motion.
Before a vote was taken, Councilman Overholt stated that only one
recommendation would not be satisfactory with him and that staff should
recommend a minimum of three people.
Councilwoman Kaywood amended her motion that the Housing staff submit three
names as their recommendation for Council consideration for Tenant Housing
Commissioner. Councilman Pickler agreed in his second.
Councilman Bay stated he did not want the staff to interview 80 people and
asked for clarification that that was not a part of the motion; Councilwoman
Kaywood answered it was not a part of the motion.
Councilman Overholt agreed with the Mayor that this was an unusual
circumstance, due to the large number of candidates, in having staff make a
541
City Hall, Anaheim~ California - COUNCIL MINUTES - June 28~ 1983~ 10:00 A.M.
recommendation with regard to a Council appointment. He felt it appropriate
to proceed in the proposed manner, since staff had personal knowledge of and
worked closely with the Commission and tenants.
A vote was then taken on the foregoing motion. MOTION CARRIED.
106/127: TRANSFER OF FUNDS TO COVER COUNTY ELECTION SERVICES FOR THE JUNE
1982 ELECTION: Councilman Pickler moved to authorize a transfer of funds in
the amount of ~67,152.61 from the 1982/83 Council Contingency Fund into Fund
No. 01-133 (Elections) to cover County election services for the June 1982
election, as recommended and discussed in memorandum dated June 21, 1983, from
the City Clerk. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Bay asked the balance remaining in the Council Contingency Fund
after the foregoing reduction; City Manager Talley stated that he would
provide a listing of what the Council had spent and what was remaining in the
fund.
REQUEST FOR CLOSED SESSION: The City Attorney requested a Closed Session to
discuss an item of potential litigation.
Councilman Bay moved to recess into Closed Session. Councilman Roth seconded
the motion. MOTION CARRIED. (10:35 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (10:59 a.m.)
108: HEARING--MAISON DE TRAITEMENTS-EXTENSION OF ABATEMENT PERIOD: Gwen Ard,
requesting an extension of the abatement period for Maison de Traitements,
1730 South Euclid Avenue, pursuant to Code Subsection 4.29.030. Submitted was
a report dated June 16, 1983, from the City Attorney's office recommending
that a hearing be conducted and a report dated June 21, 1983, from the Chief
of Police recommending denial of the extension of the abatement period.
Mayor Roth asked the petitioner if she had an opportunity to read the Police
Report and if she had anything further to add to supplement her request for an
extension. Ms. Gwen Ard, 3314 Faircrest Drive, answered that she had an
opportunity to read the report. She then stated that she had borrowed the
monay for hat busine~a on har homa and it would ba impoaaibla to pay it back
if she could not stay open.
City Attorney William Hopkins stated in connection with her loan and the
reports submitted, the date on the escrow statement was indicated as
December 6, 1982. He asked if that was the date she obtained the personal
loan and the approximate date she signed and entered into the lease for the
premises, since the copy submitted was neither signed nor dated.
Ms. Ard answered December 6, 1982, was the date she obtained the personal
loan, that she entered into the lease at the end of December 1982, and the
original lease was signed.
542
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
The Mayor asked if anyone wished to speak; there was no response.
Councilman Roth offered Resolution No. 83R-265 for adoption, denying an
extension of the period of abatement for the Maison De Traitements, pursuant
to Section 2 of Ordinance 4409 upon a hearing and determination that such
extension is not reasonably necessary to prevent undue hardship, subject to
the findings contained therein. Refer to Resolution Book.
RESOLUTION NO. 83R-265: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN EXTENSION OF THE PERIOD OF ABATEMENT FOR THE MAISON DE
TRAITEMENTS PURSUANT TO SECTION 2 OF ORDINANCE NO. 4409 UPON A HEARING AND
DETERMINATION THAT SUCH EXTENSION IS NOT REASONABLY NECESSARY TO PREVENT UNDUE
HARDSHIP.
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-265 duly passed and adopted.
179: ORDINANCE NOS. 4440 AND 4441: Councilman Overholt offered Ordinance
Nos. 4440 and 4441 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 4440: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4068, AS AMENDED, RELATING TO ZONING. (to correct Condition No. 15 in
connection with R77-78-64 (READV.)
ORDINANCE NO. 4441: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE
NO. 4069, AS AMENDED, RELATING TO ZONING. (to correct Condition No. 15 in
connection with R77-78-64 (READV.)
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt, Bay and Roth
None
None
The Mayor declared Ordinance Nos. 4440 and 4441 duly passed and adopted.
ORANGE COUNTY LEAGUE OF CITIES NOMINATING COMMITTEE MEETING - JUNE 22, 1983:
Mayor Roth, as Chairman of the subject Committee, reported on the June 22,
1983 meeting which was held in Santa Ana. The major issue was suggesting a
candidate for second vice president of the League. In the final analysis, it
was decided that the Committee Members would suggest names and direct Bob
Haskell to call those people asking if they wished to consider being a
candidate. Ten names were suggested, one being Councilman Overholt,
recommended by Councilman Phil Schwartz, of the City of San Juan Capistrano.
543
City Hall, Anaheim, California - COUNCIL MINUTES - June 28~ 1983~ 10:00 A.M.
Councilman Overholt stated that Mr. Haskell did call him to say that he was
one of the ten people whose names were submitted as a possible candidate for
the second vice president. He told Mr. Haskell he would consider being a
candidate and further, all things considered, he (Overholt) believed he would
accept.
REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to
discuss personnel, labor relations and potential litigation with no action
anticipated; the City Attorney requested a Closed Session to discuss
litigation and potential litigation with action anticipated.
Councilman Bay moved to recess into Closed Session. Councilman Pickler
seconded the motion. MOTION CARRIED. (11:13 a.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (1:40 p.m.)
106: CONTINUED PUBLIC HEARING - 1983/84 RESOURCE ALLOCATION PLAN (BUDGET):
To consider the proposed 1983/84 Resource Allocation Plan (continued from the
meetings of June 14 and June 21, 1983).
Mayor Roth asked first to hear from the Anaheim Chamber of Commerce Blue
Ribbon Committee on the City's Resource Allocation Plan (RAP).
Mr. Mel Miller, Chairman, stated he was plea~ed to present the Blue Ribbon
Committee's report (see report submitted under letter dated June 27, i983,
from the Anaheim Chamber of Commerce--on file in the City Clerk's office). He
then read the three-page report, which contained the Committee's observations
and recommendations, the last sentence of which was as follows: "We find no
compelling reasons that Council should not approve this 1983/84 Resource
Allocation Plan as presented, pending early implementation of the preceding
recommendations."
Mayor Roth thanked Mr. Miller and his Committee. He further stated that he
was serious about the possibility of City Department Heads sitting down in
regular Department Head meetings with the top business people in the
community~ Mr. Miller stated they were going to do everything possible to
encourage that type'of cooperation.
The Mayor asked if any other member of the Committee would like to supplement
Mr. Miller's presentation; Mr. George Kilishek, Chairman of the Board of the
Chamber of Commerce, stated that the Chamber strongly supported the
recommendations of the Committee. They felt there were great opportunities to
control the burgeoning cost of government in the decade ahead. They felt the
City Administration and the Council were committed to doing that and they were
pledging their support. While the report did not have all the answers, those
answers could be obtained with further study. They had identified several key
issues that needed the Council's attention.
544
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
City Manager Talley, in answer to Mayor Roth, stated they did not have any
comments on the report other than to compliment the Chamber for taking the
time they did and for selecting an outstanding and highly qualified group to
work on the budget. He encouraged the Council to accept their challenge to
meet with them on a continuing basis. He believed through such discussions,
City objectives could be accomplished and, in certain areas where there were
minor misconceptions or misunderstandings, those could be clarified. Working
with the private sector would provide a unique opportunity to adopt the best
of both systems for the future benefit of the citizens of Anaheim.
123: ANAHEIM VISITOR AND CONVENTION BUREAU: The Mayor then asked to hear
from the City Manager relative tb the proposed agreement with the Anaheim
Visitor and Convention Bureau; City Manager Talley stated that on June 21,
1983, the Council was provided with a proposed new agreement with the Anaheim
Area Visitor and Convention Bureau which included an emphasis on tourist and
visitor activities. During the week, a copy of the 1976 agreement was
provided for review. He recommended approval of the agreement.
MOTION: Councilwoman Kaywood moved to authorize a new agreement with the
Anaheim Area Visitor and Convention Bureau, providing for an increased
emphasis on tourism and visitor promotional activities. Councilman Roth
seconded the motion.
Before a vote was taken, Councilman Bay stated that he did compare the old
agreement with the new and after doing so, was in full accord with the motion.
A vote was then taken on the foregoing motion. MOTION CARRIED.
106/111: CHAMBER OF COMMERCE BLUE RIBBON COMMITTEE REPORT: Councilman Bay
then stated he thought it necessary and appropriate to take action on the Blue
Ribbon Committee report, either agree in total, or disagree, or receive and
file the report. He personally favored the offer of the continuing committee
to work with the City, including the City Council and administrative staff on
a monthly basis through the coming year, so that there would be full knowledge
of the whole structure of the budget not only made available to the Chamber,
but also to get their observations and recommendations. He wanted to know
what action the Council wanted to take on the report.
MOTION: Councilwoman Kaywood moved to receive and file the Anaheim Chamber of
Commerce Blue Ribbon Committee report on the budget.
Before action was taken, Mayor Roth stated he would like to modify that to
indicate that they should look at the recommendations proposed and that they
implement those recommendations.
Councilman Bay thereupon moved that they take the necessary steps in order to
take action on all of the recommendations made by the Committee. Councilman
Roth seconded the motion.
545
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Before a vote was taken, Councilman Pickler asked if they were suggesting that
the Council adopt everything in the report; Mayor Roth stated that the intent
was to adopt the recommendations and for staff to implement them. If there
were areas of disagreement where the recommendations could not be implemented,
it would be up to staff to so advise the Council.
Councilman Pickler wanted more time to study the recommendations and to
discuss them with staff before coming to any conclusion.
Councilman Bay suggested an amendment to his motion, as follows: Relative to
the Blue Ribbon Committee report submitted under letter of June 27, i983,
Council will take the recommendations under consideration and there will be
continuing dialogue on those recommendations.
Before any action was taken, City Manager Talley suggested, since they were
not going to adopt the recommendations at this time, that there be a
roundtable meeting, although he did not know if a monthly meeting was the most
effective way to proceed. An initial meeting with the Council and Committee
with staff providing input would set a direction for what the Council wanted
to receive.
Councilman Bay felt that a roundtable discussion would be very productive; Mr.
Talley suggested that it could occur at a luncheon break at a Tuesday Council
meeting. Councilman Bay stated he did not want to limit it to that little
time.
A restatement of the motion was requested by Councilman Overholt who
subsequently seconded the motion. MOTION CARRIED UNANIMOUSLY.
106: DISCUSSION OF IMPACT - STATE OF CALIFORNIA BUDGET: City Manager Talley
then noted the next item would be adopting the 1983-84 Resource Allocation
Plan as recommended in memorandum dated June 22, 1983, from Program
Development & Audit. However, some of the items Council might want to act
upon today would be a motion to appropriate 3104,012 from the current reserve
of 3.5 million for the fourteen Community Services Agencies that Council
elected to fund. A motion to that effect would allow staff to distribute that
in the budget in the way the Council previously indicated they would allocate
it.
Councilwoman Kaywood moved to appropriate 3104,012 from the current reserve
for the fourteen Community Services Agencies. Councilman Overholt seconded
the motion.
Before action was taken, Councilman Bay stated before they got into specifics,
he had a statement to make on the budget that was general as well as some
actions he would like to propose prior to the major motion of adopting the
budget.
Councilman Overholt thereupon withdrew his second to the foregoing motion
appropriating the 3104,012, so that Councilman Bay could make his general
statement; Councilwoman Kaywood withdrew her motion at this time.
546
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
First, Mayor Roth stated he was waiting to speak to the fact that what had
transpired in Sacramento had thrown all 430 cities in the State in chaos and
he felt the irresponsible actions of some of the State's legislators should be
scrutinized by every citizen in every community in the State. The State was
saying the cities now had a great opportunity to take local control by
retaking and retaining the cities' authorized funds, the monies duly collected
by the State and returned to the cities. The State was proposing to retain
those, but give the cities authorization to increase taxes and particularly
sales tax, making the cities the "bad guy." To him, this was irresponsible
and completely unacceptable, particularly when the legislators paid no
attention to Proposition 13. 51.8 million had already been written off in the
budget and it appeared that the City could lose anywhere from $3 million to 55
million in addition. The Council was interested in trying to cut the budget,
but there were so many unknowns, it was difficult to ascertain a bottom line
budget until the State budget was adopted. When the City adopted its budget,
he wanted it understood that it was a tentative budget.
Concerns had been raised by City staff, the citizens and the Council relative
to the need for improvements to the City's infrastructure. He was hoping for
a consensus of the Council today in directing the City Manager to find within
the budget and to transfer 51 million to the infrastructure fund with
particular emphasis on productivity enhancements that could be put into
effect. They should also look at revenue changes, attrition reviews, position
reviews and any other goals that would accomplish the additional 51 million.
This was not to infer there was "fat" in the budget, because he did not
believe that to be the case, but considering the actions in Sacramento, they
were going to have to do more with less. He would be happy at the proper time
to adopt the budget in accordance with the recommendations of the Chamber Blue
Ribbon Committee, contingent upon the final action and figures to be
determined after adoption of the State budget.
Councilman Bay stated he agreed with the Mayor's objective to add 51 million
in capital improvements, but he might not totally agree in the suggested
method, because he did not agree that the Council should delay decisions based
on what was going on.in Sacramento. It was his contention that specific cuts
be made across the budget as he had provided to each Council Member and the
City Manager, which were across the various operations amd departments in the
General Fund. That did not include CETA Services, Redevelopment, Housing,
Community Preservation, nor any of the enterprise functions. The motion he
would make would be that the dollar amounts as provided to the City Manager by
him yesterday across specific cost centers in the budget be reduced by an
amount of 51,127,400 across those specific activities and that that money be
directed immediately into the infrastructure fund the Mayor mentioned. The
budget was a flexible document and there could be impacts coming out of
Sacramento that would affect the City and they would have to make changes in
the Allocation Plan accordingly. What was important was not to say, City
Manager find a million dollars in the budget, somewhere across it, and bring
it back into the fund by the end of the year. He was more concerned with the
infrastructure fund getting good progress started this year, because the next
year and thereafter as a result of the Transient Occupancy Tax, he saw new and
547
City Hail, Anaheim, California - COUNCIL MINUTES - June 28~ 1983~ 10:00 A.M.
larger revenues coming into the City that could be directed toward the problem
with the infrastructure. He emphasized he was more interested in this year
and he saw possible opportunities on recovery money coming from Federal
sources and perhaps the State. If they had plans on the shelf for certain
capital improvements and matching funds, it might be of great benefit to the
City during the current year. While he complimented the Mayor's direction and
support moving more money into capital improvements, the time element would be
the problem.
Councilman Bay moved to implement the specific reductions per the cost centers
in the paper furnished to all Council Members and the City Manager totaling
approximately ~1.1 million. Councilman Pickler seconded the motion for the
purpose of discussion.
Mayor Roth stated the only problem he had in talking about across-the-board
reductions was the fact that the Council had a basic responsibility to provide
fire and police protection. Councilman Bay's recommendation would penalize
fire and police without seeing what particular programs could be reduced in
those two areas versus reductions in other areas such as Parks and Recreation,
Library, Convention Center, etc. He felt they should use the expertise of the
City Manager and staff in determining reductions in certain programs. He was
opposed to the motion recommending across-the-board reductions.
Councilman Pickler stated he was in accord with the Mayor's recommendation.
Relative to across-the-board cuts there might be some areas where he would not
be ready to cut by one percent or two percent whereas in other areas, he might
cut three or four percent. They first had to have some answers from the State
and he felt they could make changes as they went along. The Chamber
recommended adoption of the budget and then to go from there.
Councilwoman Kaywood stated this was her 10th year on the Council and she had
fought a losing battle for many years. Instead of providing infrastructure
that was needed 10 years ago, there were political moves to cut a few cents
off the property tax year after year, and instead of a ~1 million alley
program that would have taken care of the entire City, they cut the property
tax a few cents more and did not do it. The ~1 million at that time was ~5
million now, the alleys were in much worse condition, and they did not have
the money to reconstruct them. She also recounted her efforts in trying to
~at the ~10 million ~torm drain bond i~sue on the ballot starting ~n 1978. It
was finally voted on in November of 1980 and the people voted overwhelmingly,
68 percent or 50,000 Anaheim voters, said "yes," they wanted the ~10 million
storm drain bond and it was pointed out clearly that it would not be paid
through property taxes, that the City would be receiving matching funds from
Federal, State and County sources, but they could not do it then. To hear now
the big cry for infrastructure, it was not a new thing. It had been
desperately needed for a long time. It could still be implemented and should
be implemented. After all the work that had been done and each department had
made their cuts, to simply say cut an additional percentage was self-defeating
and was not a good way to run the City.
548
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Councilman Overholt stated he could not support the motion on the floor for
the reasons stated by the Mayor. No clearer message could be given than to
direct the administration to find ~1 million someplace in the budget for the
restoration of infrastructure in the next fiscal year. It was a statement of
policy, and where it was going to be found was a matter for the
administration. To be as specific as Councilman Bay wished, he considered
that beyond the function of the Council.
A vote was then taken on the foregoing motion offered by Councilman Bay and
failed to carry by the following vote:
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bay
Kaywood, Pickler, Overholt and Roth
None
106: ADOPTION OF 1983-84 RESOURCE ALLOCATION PLAN:
MOTION: Councilman Roth moved to adopt the 1983-84 Resource Allocation Plan,
directing the City Manager, within the budget, to find and transfer $1 million
toward improvements to the City's infrastructure, looking at savings from
productivity enhancements, revenue changes, attrition reviews, position
reviews, and any other sources of revenue that could be used and contingent
upon the action taken by the State in the adoption of its budget. Councilman
Pickler seconded the motion.
Before action was taken, Councilman Overholt asked if the motion being
contingent upon the action in Sacramento was appropriate.
City Attorney Hopkins stated that the Charter of the City provided that the
budget must be adopted on or before June 30 and he did not believe it would be
appropriate that it be contingent upon State budget adoption.
Mayor Roth thereupon removed from his motion any reference to adoption of the
City budget being contingent upon the State budget and the motion was,
therefore, amended as follows: Adopting the 1983-84 Resource Allocation Plan
and directing the City Manager," within the budget, to find and transfer $1
million toward improvements to the City's infrastructure, and with the
understanding that the budget could be reopened at a later date.
Before a vote was taken, City Manager Talley explained that the proposed
motion would increase the RAP by ~1 million. He also suggested that although
the term was used, there was no infrastructure fund as such, and rather than
setting it up, he proposed that currently there was a ~500,000 Council Reserve
Account funded by General Revenue Sharing and an additional ~700,000 which
would be incurred by the Transient Occupancy Tax. They would add to that $1
million and, therefore, in addition to their normal $150,000, they would then
have $2,200,000 in the Council Contingency Fund that they could allocate out
by project or activity. They would then know where the money was and could
get a listing anytime they wanted to, rather than setting up another fund.
549
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Mayor Roth agreed with the City Manager's recommendation.
A vote was then taken on the foregoing motion. Councilman Bay voted "No."
MOTION CARRIED.
City Manager Talley then stated that Council had approved appropriations of
$104,012 for Community Services Agencies. He recommended that by motion they
appropriate that amount to the fourteen activities, so that Program
Development & Audit could place it in the right accounts. That would be a
reduction in the ~2.2 million as indicated above.
106: COM~UJNITY SERVICE AGENCY APPROPRIATIONS:
MOTION: Councilman Roth moved to appropriate ~104,012 to cover the fourteen
Community Service Agency requests. Councilwoman Kaywood seconded the motion.
Councilman Bay voted "No." MOTION CARRIED.
106/150/169: TRANSIENT OCCUPANCY TAX APPROPRIATIONS: City Manager Talley
then referred to the recommendation from staff on the ~700,000 in additional
estimated Transient Occupancy Tax for the installation of the current level of
Community Service programs and Recreation programs in the amount of ~39,000
and ~13,600 respectively. If they wanted to handle any or all of those at
this time, they could do so, i.e., set aside a reserve for the Kateila area
improvements in the amount of ~212,400, the Santa Ana Street reconstruction,
Anaheim Boulevard to Harbor Boulevard, $220,000, and the Citron Street
reconstruction, La Palma Avenue to North Street, ~215,000. The ones he would
commend to the Council's attention would be the restoration of the current
level of service for Community Service programs and Recreation programs at
least, and if they wanted to allocate the others, they could begin on the
Santa Ana Street reconstruction and Citron Street reconstruction if those were
their high priority infrastructure-type projects.
MOTION: Councilwoman Kaywood moved to approve the recommended alternatives
and additional estimated Transient Occupancy Tax in the amount of ~700,000,
setting up those accounts as recommended by the City Manager. Councilman
Overholt seconded the motion. MOTION CAi{RIED.
Mr. Talley stated he would not recommend any further allocations at this time
p~ndtn~ final outcom~ of th~ §~ate budget process, which le£t an amount ~n the
Council Contingency Fund in excess of ~1.5 million. Re then proceeded to
introduce proposed resolutions which the Council should adopt, the first
relating to fees for City-wide Park and Recreation programs and services in
the City.
Councilman Bay stated he wanted to explain his "no" vote in advance. Within
the 1983-84 appropriation limit, Exhibit D, proceeds of tax calculations,
etc., and the full breakdown of the 1983-84 appropriations limit and analysis
of projected revenues which they received along with their budget, there was
an item he was still trying to find that stated they must state in the report
under the Gann action any charges made through fees throughout the City that
were in excess of the actual cost. There was an approximate $99,000 figure he
was still trying to find that expressed currently in this year's budget the
City was charging close to $i00,000 more in fees than the actual cost of those
fees. He wanted to be certain he was interpreting the numbers in that report
correctly. 550
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Mr. Talley explained those were for fees designed to raise revenues such as
business license taxes and there was one other one, building permit fees.
Those were user fees designed to recover the cost of services and had no
affect on the Gann amendment provisions. This merely updated the cost for
recreation services to a current basis.
Mr. Ronald Rothschild, Program Development & Audit Manager, stated that Mr.
Talley was correct in indicating that the particular recreation fees were only
adjustments to pay for the cost of providing that service and, therefore,
would not affect their appropriation limit calculation or the margin thereto.
Essentially, the ~99,000 was basically made up this fiscal year of building
license permit which in any particular year, because of the estimated assessed
valuation and new construction, the fees might raise more money than the cost
of providing the inspection and the plan check services. In other years, it
might drop below; Councilman Bay stated that was what he was looking for.
Councilman Roth offered Resolution No. 83R-266 for adoption, amending
Resolution Nos. 80R-183, 81R-174 and 82R-354 relating to fees for City-wide
park and recreation programs and services in the City. Refer to Resolution
Book.
150: RESOLUTION NO.-83R-266: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NOS. 80R-185, 81R-174 AND 82R-354 RELATING TO FEES
FOR CITY-WIDE PARK AND RECREATION PROGRAMS AND SERVICES IN THE CITY.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared ResoLution No. 83R-266 duly passed and adopted.
Councilman Roth offered Resolution No. 83R-267 for adoption, establishing
rates of compensation for unrepresented part-time job classifications, and
superseding Resolution No. 82R-123 and amendments thereto. Refer to
Resolution Book.
153: RESOLUTION NO. 83R-267: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME JOB
CLASSIFICATIONS, AND SUPERSEDING RESOLUTION NO. 82R-123 AND AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution No. 83R-267 duly passed and adopted.
551
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
Councilwoman Kaywood offered Resolution Nos. 83R-268 through 83R-270, both
inclusive, for adoption. Refer to Resolution Book.
153: RESOLUTION NO. 83R-268: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-505 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS CONFIDENTIAL.
153: RESOLUTION NO. 83R-269: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-506 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES DESIGNATED AS SUPPORT AND SUPERVISORY MANAGEMENT.
153: RESOLUTION NO. 83R-270: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RESOLUTION NO. 82R-501 WHICH ESTABLISHED RATES OF
COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES
ASSOCIATION, GENERAL CITY EMPLOYEES UNIT.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution Nos. 83R-268 through 83R-270, both inclusive,
duly passed and adopted.
Councilman Roth offered Resolution No. 83R-271 for adoption, establishing the
green fees and cart rental fees to be charged at the H. G. "Dad" Miller
Municipal Golf Course and the Anaheim Hills Golf Course, and rescinding
Resolution No. 82R-352. Refer to Resolution Book.
135: RESOLUTION NO. 83R-271: 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 ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF
COURSE.
Roll Call Vote:
AYES:
NOES .'
AB SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kaywood, Pickler, Overholt and Roth
Bay
None
The Mayor declared Resolution No. 83R-271 duly passed and adopted.
129: FIRE INSPECTION FEES: City Manager Talley then recommended that by
motion the Council approve in concept the establishment of a fire inspection
permit fee, with schedule to be effective August 1, 1983. They would be
submitting that back to the Council and would like a motion to the effect that
they could develop such a fee for Council consideration.
552
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 1983, 10:00 A.M.
MOTION: Councilman Roth moved to approve, in concept, the establishment of
fire inspection permit fees effective August 1, 1983. Councilwoman Kaywood
seconded the motion. MOTION CARRIED.
106/112: RESOURCE ALLOCATION PLAN INCREASE - CITY ATTORNEY:
MOTION: Councilman Bay moved that the Council approve the approximate ~84,000
requested by the City Attorney to add two prosecutors and a clerk to the North
Orange County Court. Councilman Pickler seconded the motion.
Before a vote was taken, Councilwoman Kaywood stated that such action was
premature at this time, not knowing what money they had to deal with. She
questioned instituting something new and cutting something existing.
Councilman Bay was ready to cut two percent across-the-board and then was
proposing something new costing ~84,000 that would escalate each year.
Councilman Overholt felt this was the time to discuss the issue and it was one
that had been brewing for as long as he had been on the Council. There were
deep philosophical questions, all of which centered on the value of the
prosecutorial arm of the City Attorney's office which had come to a head this
year. His inclination was not to support the existing motion, because he felt
that the great amount of information that had-been supplied to the Council not
only by the City Manager but also the City Attorney was so voluminous and
perhaps slanted to the particular viewpoint of either office, it was difficult
for the Council to pick through the numbers and arguments in order to
determine the true facts. There was no question that the City Attorney's
staff in the North Orange County Court Division was hard working. On the
other hand, the City Manager had made an equally strong case that if they were
not there, they would get along just as well. He was not going to support the
motion because he felt they should proceed more slowly in expanding those
services and perhaps they should get even more information to properly assess
the value of the prosecutorial arm, not only in State misdemeanors, but also
violations of the Anaheim Municipal Code. If the present motion failed, he
would be supportive of increasing the staff by one attorney and one clerk.
Mayor Roth stated there was merit on both sides of the argument, although he
was not really prepared at this time to make a valid judgment. He strongly
recommended that they hire a firm such as Price Waterhouse to evaluate the
~ituation and ~ive some type of ~uidance and recommendation. He would
encourage the possibility of continuing the matter for a week or two and ask
his colleagues to give some thought to the possibility of hiring Price
Waterhouse to review the matter and submit a report.
Councilwoman Kaywood agreed with the Mayor and she would second a motion if he
wanted to make one; Councilman Pickler felt that bringing in a neutral party
was a good point, but he would rather see them proceed today. If they could
get a commitment to go with one attorney and one clerk, that might be the way
to start, and then bring in the neutral party.
Councilwoman Kaywood questioned adding personnel and then having a neutral
party review the matter only to indicate they were not needed, then having to
"unhire" those people. She recommended that they proceed with hiring a firm
553
City Hall, Anaheim, California - COUNCIL MINUTES - June 28, 19~3, 10:00 A.M.
that could provide a neutral analysis. They could then see what was
happening. No one was talking about doing away with the prosecution staff and
there were four people at present. She was certain there we~% enough people
in the~City Attorney's office who could help out temporarily~ The reason she
said that was due to the volume of material that was delivered to the Council
which undoubtedly cost a great deal, took a tremendous amounr of time, and
then to have the Chief Prosecutor waiting in City Hall to ha~<~ it to each
Council Member as they arrived. She had to believe there was ~ime there now
that she did not think was there before.
Mayor Roth asked how long it would take a firm such as Price Waterhouse to
submit a report and if there was any objection to such action frcm the City
Attorney.
City Attorney Hopkins stated that he had great respect for Price Waterhouse,
but as far as criminal law, he weuld very much be opposed to their handling
the matter unless they had an attorney versed in criminal law. He would like
a detached law firm to do the study if one was going to be done.
Councilman Bay stated if his motion to approve the full funding of the two
prosecuting attorneys and the clerk failed, he would immediately support the
motion Councilman Overholt said he would make for one prosecutin~ attorney and
one clerk. It would take time to hire those people and the need was
immediate. He felt the impact back on the enforcement of Civil odes within
the City went beyond the concerns right now of ~30,000 or ~40,00~. He added
that within this year's Council Contingency Fund, there was still ~89,884 that
had not been appropriated and if they wanted to use that for an ~mmediate
action, there would be no impact on next year's Resource Allocat..on Plan.
City Manager Talley stated the issue was being watched close0? by the rest of
the department heads as to the real rules on how to get an increase in staff
and budgets versus increases in productivity. He recommended a neutral party
to review the activities of the City Attorney's office, not just in the
prosecutorial function. He questioned if the workload was increasing at the
North Court for Anaheim, even though it was not being increased by judges or
additional district attorney people, were there work hours available in other
elements of the City Attorney's office. He felt the Mayor a~d Council were
right that if their office went in and looked from a producti~!ty standpoint,
that would cause an emotional problem. On the other hand, wh~ ~dministrative
experts strongly believed that the workload could be absorbed, if the Council
added a 50 percent increase without looking for alternatives, there was a
message there as well. He recommended that they seriously consider a 30- or
45-day period in order to accomplish the evaluation. Relative to Price
Waterhouse, if that was an objection, Price Waterhouse could vetain legal
advice where they needed it, just as they brought in data processing experts
and treasury experts. He felt if a neutral party advised the Council, the
decision would be better accepted by all concerned. For the emotional
well-being of the organization, it was time this matter be r~oved from the
contestants and have somebody the Council could deal with directly evaluate
the situation and make a recommendation before the Council tc,.,k a final
554
City Hall, Anaheim~ California - COUNCIL MINUTES - June 28~ 1983~ 10:00 A.M.
action. He felt that represented a major concession in at least his views to
say that he would "get off the case" and accept whatever their decision might
be on a neutral third party recommendation.
Councilman Bay stated he did not oppose bringing in a consultant, but there
needed to be some action taken in the meantime.
Councilwoman Kaywood questioned, if they were going to take action beforehand,
what purpose would be served in bringing in a consultant. The question was
not whether to retain prosecutorial staff, but whether to increase it 50
percent.
Councilman Overholt questioned the manner in which a study might be
implemented and if it was something the Audit Committee could consider; City
Manager Talley stated he felt personally that they all should remove
themselves and the Audit Liaison committee could deal directly with Price
Waterhouse, since the Council had a direct relationship with them.
After further discussion on the issue between Councilman Overholt and City
Attorney Hopkins, who reiterated that a reputable law firm conduct the study,
Councilman Overholt stated perhaps the matter could be turned over to the
Audit Liaison Committee, whose Council representation was Councilman Roth and
Councilman Bay. He asked the City Attorney if he would be willing to
cooperate with the Council liaison and having them select an appropriate
method.
City Attorney Hopkins stated they were requested by the Court to man the
additional Court facility. They were coming to the Council as their
supervisors to ask for additional personnel. They would cooperate with
Council, the liaison committee or anyone else to achieve the objective.
Councilman Bay stated he would be glad to withdraw his motion for the full
amount in favor of immediate funding for one prosecuting attorney and one
clerk while the liaison committee took up the subject on how they would
implement the investigation of the effectivity, or efficiency of the City
Attorney's office.
Mayor Roth clarified that he suggested Price Waterhouse, or some firm of that
nature. The reason he stated Price Waterhouse initially was due to the fact
that they previously received very effective reports regarding the City
Traasur~r'~ 0ffic~ and th~ Data Pr0c~in~ Dapartm~nt that war~ ~xe~llant and
professionally done. Their past performance had been outstanding.
Councilman Pickler stated he would retract his second on the previous motion
and second the motion on immediate funding of one attorney and one clerk.
Councilman Overholt asked the dollar figures connected with the motion; City
Attorney Hopkins answered $50,450, ~32,818 for the prosecuting attorney and
$17,632 for an intermediate typist clerk, including fringe benefits.
555
City Hall, Anaheim~ California - COUNCIL MINUTES - June 28~ 1983~ 10:00 A.M.
Councilwoman Kaywood asked if there was an agreement on the neutral party and
their recommendation was that there was enough manpower within the office to
staff the court at this point, what were they going to do with the new
attorney and ITC.
Councilman Overhoit stated they would phase them out just as they would do if
they dropped the prosecutorial arm of the City Attorney. Councilwoman Kaywood
reiterated her concern that they were going to be adding new personnel before
they received the report on whether they were needed.
After further discussion, a vote was then taken on the foregoing motion by
Councilman Bay clarified as follows: Approving immediate funding adding one
Prosecuting Attorney and one Intermediate Typist Clerk to the North Orange
County Court totaling ~50,450 (to be appropriated from Council Contingency
Fund); in the meantime, the matter is to be referred to the Audit Liaison
Committee to select an appropriate neutral third party to implement a review
of the activities in the City Attorney's office.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Overholt, Bay and Roth
Kaywood
None
MOTION CARRIED.
RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed
Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED.
p.m.)
(3:27
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (4:30 p.m.)
112: APPEAL HEARING - INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF
LAGUNA BEACH, INC.: Councilman Roth moved to set July 12, 1983, at
approximately 3:00 p.m. as the date and time for hearing the appeal filed by
the International Society for Krishna Consciousness of Laguna Beach, Inc.,
pursuant to the order of the Federal District Court. Councilman Overholt
seconded the motion. MOTION CARRIED.
ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Roth seconded the
motion. MOTION CARRIED. (4:31 p.m.)
LINDA D. ROBERTS, CITY CLERK
BY
ASSISTANT CITY CLERK
556