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1983/12/20City Hall~ Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth COUNCIL MEMBERS: None ASSISTANT CITY MANAGER: James D. Ruth CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti ASSISTANT DIRECTOR RECREATION AND COMMUNITY SERVICES: Jack Kudron ACTING CITY ENGINEER: Art Daw EXECUTIVE DIRECTOR COMMUNITY RESOURCES: Norman J. Priest HOUSING MANAGER: Lisa Stipkovich TRAFFIC ENGINEER: Paul Singer Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Mary Hibbard,-Anaheim United Methodist Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood 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: March of Dimes Month, January 1984. 119: RESOLUTION OF ENDORSEMENT: A Resolution of Endorsement was unanimously adopted by the City Council to be mailed to the Greater Los Angeles Chapter of the National Safety Council endorsing a program of Drunk Driver Awareness and urging the public to drive safely and defensively during the holiday season. i19: PRESENTATION: Mr. Don Karcher, member of the Board of Trustees of the Orange County Chapter of the American Red Cross, read and presented a resolution to the Mayor, thanking the City for their efforts in disaster services of the past year. The resolution was signed by the Chairman of the Board, Orange County Chapter of the American Red Cross. Mayor Roth accepted the resolution on behalf of the Council and the City and thanked Mr. Karcher and the Red Cross for the framed resolution, which he stated would be hung in City Hall in a prominent spot. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Coach Ron Smeltzer and four representative players of the Servite High School Football Team, congratulating the Coaches and the team on winning their second consecutive CIF Big 5 Football Championship. MINUTES: Approval of the minutes was deferred to the next regular meeting. 1031 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Roth moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by ail Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of 32,086,682.35, in accordance with the 1983-84 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Bay, 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-479 through 83R-482, 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 Guadalupe Romo for personal injuries purportedly sustained due to his car colliding with a heavy equipment vehicle placed in the street on Romneya Avenue, west of Harbor Boulevard, on or about September 17, 1983. 2. Claim submitted by Pauline Cox for personal property damages to light bulbs and timer purportedly sustained due to a power surge at 2051 Orange Avenue, on or about November 6, 1983. 3. Claim submitted by United States Pipe and Foundry Company for monetary loss purportedly sustained due to City withholding payments due for material furnished for Phase I, Santa Ana Canyon Road, 36" Transmission Main project, on or about April 16, 1983. 4. Claim submitted by Southern California EdisOn Company for indemnity, based on Municipal Court Case No. 51832, filed by The Atchison-Topeka and Santa Fe Railway Company against Southern California Edison Company, dated November 16, 1983. B. Claim rejected and referred to Governmental Programs Division/Markel Services, Inc.: 5. Claim submitted by Robert Dillard for personal injuries purportedly sustained due to actions of Anaheim Police Officers at 111 South Euclid Avenue and the Orange County Jail, on or about August 25, 1983. 2. The following correspondence was ordered received and filed: 1032 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983~ 10:00 A.M. a. 175: Before the Public Utilities Commission, Application No. 83-12-01, Southern California Edison Company for Authority to: Increase its Conservation/Load Management Adjustment Billing Factor; to Make Certain Changes to its Base Rates and Certain Other Rate Levels to Conform to the Rate Design Criteria Set Forth in Decision No. 82-12-055 of the California Public Utilities Code; to Make Certain Changes to its Conservation/Load Management Adjustment Clause Tariff; and to Review the Reasonableness of Edison's Expenditures Reflected in the Conservation/Load Management Adjustment Clause in 1983. b. 105: Public Utilities Board--Minutes of December 1, 1983. (Unapproved) c. 105: Community Services Board--Minutes of November 10, 1983. d. 105: Senior Citizens Commission--Minutes of November 10, 1983. e. 105: Community Redevelopment Commission--Minutes of November 23, 1983. 3. 108: Approving the following applications in accordance with the recommendations of the Chief of Police: a. Pool Room Application, Clayton Alec Peters, Games Plus, 3242 West Lincoln Avenue, to permit 13 billiard tables. b. Dinner Dancing Place Permit, Sid Wang, MacArthur's Restaurant(JonArthur's), 444 North Lakeview Avenue, for dinner dancing Wednesday through Saturday, 9:30 p.m to 2:00 a.m. c. Public Dance Permit, Manuel S. Gomez, Anaheim Dance Promotions, to hold a dance at the Anaheim Convention Center on December 31, 1983, 6:00 p.m. to 1:00 a.m. d. Public Dance Permit, Thai Q. Nguyen, Vietnamese community, to hold a dance at the Anaheim Convention Center on December 25, 1983, 8:30 p.m. to 1:OO a.m. e. Public Dance Permit, Evangelina Islas, Pyramid Productions, to hold a dance at the Anaheim Convention Center on January 6, 1984, 8:00 p.m. to 1:00 a.m. f. Elaine Ann Arana, E1 Torito, 2020 East Ball Road, to hold a dance December 31, 1983, 9:00 p.m. to 2:00 a.m. 4. 123/174(CDBG 83-84): Authorizing an agreement with Tierra Planning & Design, Inc., in the amount of $28,560 for planning design services for the redevelopment of Manzanita Park and the preparation of a neighborhood plan for the "Chevy Chase" apartment area. 1033 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. 5. 123: Authorizing an agreement with the Los Angeles Rams in the amount of ~250 per month for the Rams to provide the services of their Executive Suite Manager to coordinate box suite operations for all events held in Anaheim Stadium. 6. 123: Authorizing an agreement with the Los Angeles Rams in the amount of $3,200 per year beginning August 1, 1983, for City to provide janitorial services at Rams Stadium Box Office and the Executive Suite Manager's Office to be adjusted July 1 of each succeeding year. 7. 123: Authorizing the first amendment to a permit agreement dated October 27, 1981 with Kayco, Incorporated, decreasing the number of Stadium parking spaces used during non-event times to 50 spaces and rent to ~150 per month; effective May 1, 1984, rent to be ~200 per month. 8. 123: Authorizing an amendment to an agreement with the City of Garden Grove to provide parking enforcement services by the City of Anaheim for an additional area adjacent to the Convention Center. 9. 153: Approving an agreement form to be used in contracting with certain organizations for temporary personnel services for the.period ending December 31, 1984, and authorizing the Human Resources Director to execute said agreements. 10. 123/174(JTPA): Authorizing an agreement with the Orange County Job Training Partnership Agency in an amount not to exceed ~499,890, to provide funds for program operations under the JTPA for the term October 1, 1983 through June 30, 1984, and authorizing the City Manager to execute same. 11. 123.153: Authorizing 1984 renewal agreements with Kaiser Foundation Health Plan, Family Health Program, General Medical Centers, INA Healthplan, Dental Health Services, California Dental Service, Safeguard Health Plans, Supplemental Dental Plan, California Psychological Health Plan and Vision Service Plan, and authorizing the Human Resources Director to execute same. 12. 123/106: Authorizing the Finance Director to sign a letter agreement with John Seilo in an amount not to exceed ~3,3OO, for consultant services to develop detailed bank reconciliation procedures, and transferring said amount from the Council Contingency Fund. 13. 123: Exercising the option to extend the January 1, 1959 agreement with the Magnolia School District for lease of five acres adjacent to the Dr. Peter Marshall School for public park purposes for a term of twenty-five years, commencing January 1, 1984. 164: RESOLUTION NO. 83R-479: 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: SOUTH STREET WATER IMPROVEMENTS PHASE II B, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-606- 6329-17350-34360. (Bids to be opened January 26, 1984, 2:00 p.m.) 1034 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. 126: RESOLUTION NO. 83R-480: 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 AND REHABILITATION OF WONDER BOWL AND DISNEYLAND METER VAULTS, IN THE CITY OF ANAHEIM, ACCOUNT NOS. 51-606-6329-17340-34570 AND 51-606-6329-17300-34580. (Bids to be opened January 26, 1984, 2:00 p.m.) 164: RESOLUTION NO. 83R-481: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: LENAIN FILTRATION PLANT SEWER, IN THE CITY OF ANAHEIM, ACCOUNT NO. 53-619-6329- 90210-33100. (A. A. Pipeline, Inc., contractor) 144: RESOLUTION NO. 83R-482: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1984-1985). (~60,000 for Lincoln Avenue--Sunkist Street to State College Boulevard; $100,000 for Anaheim Boulevard--Lemon Street to Cypress Street; $300,000 for Kraemer Boulevard--Crowther Avenue to South City Limits; and ~340,000 for Harbor Boulevard--Broadway to I-5) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 83R-479 through 482, both inclusive, duly passed and adopted. 182/174(CDBG 83-84): REQUEST FOR A PROPOSAL FOR A CENTRAL CITY NEIGHBORHOOD DESIGN STUDY AND GUIDELINES: Councilwoman Kaywood stated she was surprised to see the extensive newspaper publicity on a Posada that was held in the neighborhood, and Families United in Action held a meeting Sunday at the Patrick Henry School. Their notices were all in Spanish, since apparently they did not want anyone else present. She was concerned with the disruption of the ~roup stirring trouble with items that did not look like what was to be included in the study. She asked if there could be a staff report on the items alleged, throwing out all the apartment residents, tenants, and giving them 60 days notice and redeveloping the whole area. That was not what she saw and she was very concerned with the misrepresentation. Councilman Overholt stated that the item covering the situation was not the subject item, but that it had to do with the selection.of a consultant for the Manzanita Area Planning and Design Study Plan and approval of an agreement previously voted on. (The item was approved as part of the City Manager's Consent Calendar.) 1035 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Norman Priest, Executive Director of Community Development, stated that the study referred to by Councilman Overholt (agreement with Tierra Planning and Design in the amount of $28,560 for professional services for the Manzanita Area Planning and Design Study) was the one about which concern was expressed. He stated in that regard, they would continue to work with the neighborhood and they recognized there were certain elements that they believed were incorrect. They had worked with that neighborhood straightforwardly and bilingually and would continue to do so; however, it was not unusual at the outset that such matters were subject to a great deal of confusion and apprehension. In addition, a number of the organizations were working in the apartment improvement project, which was a separate and distinct operation. Councilman Bay moved to authorize staff to issue a Request for Proposals for a residential design study in the Central City Neighborhood Council area. Councilman Overholt seconded the motion. MOTION CARRIED. 152.117/123: MONEYMAX USER AUDIT: Councilman Bay moved to waive Council Policy No. 401 and to authorize the City Treasurer to sign a letter agreement with Wismer Associates, Inc., in an amount not to exceed ~5,000 to provide a review of the MONEYMAX computerized investment management system, with a report due by January 31, 1984, as recommended in memorandum dated December 2, 1983, from the City Treasurer, Ruth Redepenning. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 105: APPOINTMENT TO THE PARK AND RECREATION COMMISSION: Councilwoman Kaywood moved to approve the recommendation of the Anaheim Union High School District in its letter of December 13, 1983, to appoint JoAnn Barnett to represent the District on the Park and Recreation Commission for the term ending June 30, 1984, replacing Kurt Haunfelner. Councilman Overholt seconded the motion. MOTION CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held November 28, 1983, pertaining to the following applications were submitted for City Council information. 1. CONDITIONAL USE PERMIT NO. 2509: Submitted by Bank of America N.T.S. & A., to permit an automobile dealership on CL zoned property located at 1126 South Anaheim Boulevard, with a Code waiver of minimum landscaped setback. The City Planning Commission, pursuant to Resolution No. PC83-224, granted Conditional Use Permit No. 2509, and granted a negative declaration status. 2. VARIANCE NO. 3363: Submitted by Esther H. Leos, to retain an illegal garage conversion on RM-1200 zoned property located at 424 East Sycamore Street, with the following Code waivers: (a) minimum site area per dwelling unit, (b) minimum floor area per dwelling unit, and (c) minimum number and type of parking spaces. The City Planning Commission, pursuant to Resolution No. PC83-225, denied Variance No. 3363, and disapproved a negative declaration status. 1036 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. 3. VARIANCE NO. 3364: Submitted by Phillip Alan and Karen Rae Turtle, to construct a room addition on RS-7200 zoned property located at 2633 East Strong Place, with the Code waiver of minimum rear yard setback. The City Planning Commission, pursuant to Resolution No. PC83-226, granted Variance No. 3364, and ratified the Planning Director's categorical exemption determination. 6. VARIANCE NO. 3365: Submitted by Martin Bucksbaum as Trustee of General Growth Properties, to establish a business school on CL zoned property located at 1401 South Anaheim Boulevard, with the following Code waivers: (a) minimum number and type of parking spaces, and (b) required site screening. The City Planning Commission, pursuant to Resolution No. PC83-227, granted Variance No. 3365, and granted a negative declaration status. No action was taken by the City Council on the foregoing items; therefore, the actions of the Planning Commission became final. 179: PROPOSED ORDINANCE NO. 4467 - PLANNING COMMISSION ACTIONS: Amending Section 18.03.070 of the Code relating to tie votes on Planning Commission matters. Councilman Bay offered Ordinance No. 4467 for first reading. ORDINANCE NO. 4467: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.070 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Councilwoman Kaywood asked if there was a possibility that the ordinance was going to be used as "passing the buck" in the event of controversial items; Annika Santalahti, Assistant Director for Zoning, stated it would give the Planning Commission the opportunity in the instances of tie votes to allow the action to go to Council without continuing it for another two weeks in order to try to break the tie. Councilwoman Kaywood stated the Council needed to have the input of the Planning Commission and she saw in the recommendation that it could be passed to th~ Council without any recommendation: Councilman Pickler agreed that unless they received an opinion from the Planning Commission, he would not like to see a tie vote coming to the Council. Councilwoman Kaywood stated she did not have a problem where there was a real tie vote, but would still want the recommendation of the Planning Commission with the minority and majority side of the question, so that the Council would have the advantage of the full hearing and discussion that took place. If they would rather not be bothered or face the music, that was her concern. She would prefer that the proposed ordinance be reworded, so that in the event of a tie vote it could be forwarded to the Council, but to leave out the other paragraph. 1037 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Councilman Bay asked if she was offering an amendment to the first offering of the ordinance; Councilwoman Kaywood answered "yes," but she did not have the exact wording. Councilman Bay then stated that the Planning Commission could pass the buck to the Council any time it wanted to by a majority or close to majority vote. They could recommend that a matter be set for public hearing before the Council. As far as anything being recommended to the Council to set it for public hearing because of a split vote, knowing both sides of the situation would be a simple staff report to accompany it without amending the proposed ordinance. Councilwoman Kaywood reiterated that she felt it would give permission to pass the buck and that a number of items would just be coming to the Council, bypassing the Planning Commission, and that was what she wanted to avoid. Mayor Roth felt that they ought to try it and if what Councilwoman Kaywood said were true, they could always vote to cancel the ordinance. He felt it was a good ordinance that was needed so they would not hold someone up because a Commissioner was on an extended vacation. City Attorney William Hopkins felt there was a need to have the procedure formalized in an ordinance authorizing the Planning Commission to forward such items to the Council by motion. This would enable them to forward items immediately to the Council. Councilwoman Kaywood explained that Section .020 was of concern to her wherein it stated that in the event the Planning Commission was unable to act on any matter due to a tie vote, that it could by motion refer the matter to the City Council without further action or recommendation. She was in favor where there was a tie vote, because somebody was going to be absent, since she did not believe in holding up a developer or applicant. She was looking for a way they could do that alone in an ordinance just on a tie vote. Otherwise, she saw the possibility of abuse. Councilman Overholt stated he felt the ordinance was necessary to provide a procedure for the Planning Commission, but felt that the Council could make it known that it would not welcome that kind of a procedure as a result of a developer being in a big hurry to get to the Council. 111: ANA/{EIM HALLOWEEN FESTIVAL ASSOCIATION: Paul Pink, President, presentation of the Halloween~Festival Blue Ribbon Committee Report dated December 13, 1983. Mr. Herb Leo, 2906 Bellamy, explained that on April 5, 1983, the present Chairman of the Halloween Festival Committee, Paul Pink, appeared before the Council to make a request for the 1983 Festival (see Council minutes that date). At that time, they were requested to form a Blue Ribbon Committee to study the total problems of the Halloween Festival and to come up with some recommendations for future years. The Committee had met several times, and as 1038 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. a result, presented the Halloween Festival Blue Ribbon Committee Report dated December 13, 1983, submitted under letter of the same date, written by Paul Pink (on file in the City Clerk's office). A financial report on the 1983 Festival, Attachment D, was also included with the report. Mr. Paul Pink, President, 1302 South Magnolia, stated their goal and purpose in submitting the report was to make recommendations and put forth guidelines, philosophies and goals, those things that would insure the long-term continuation of the Festival. He thereupon reviewed the three basic recommendations (Page 4-7, recommendations of the subject report): 1. That the Anaheim City Council support the approach forwarded in this report by the Blue Ribbon Committee regarding Philosophy and Goals, Financial Base, Organization Structure and Leadership Succession. 2. That Anaheim Halloween Festival, Inc., be allowed to keep the 311,950 not used in the 1983 Halloween Festival to provide the basis of financial reserve on the condition that the City is never asked to subsidize the Halloween Festival again. 3. That the City of Anaheim continue to maintain the same level of indirect assistance as was provided in the 1983 Festival to include services provided by the Parks, Recreation and Community Services, Maintenance, Police, Fire and Utilities Departments. Following his presentation, questions were then posed to Mr. Pink by Councilwoman Kaywood during which she also questioned the amount of the City's participation relative to providing City services relating to the Parade. Mr. Jack Kudron, Assistant Director Recreation and Community Services, reported that the original budget was approximately ~38,000 before the decisions were made to scale down the Festival. The staff estimate after scaling down the program was approximately $10,000 less. In terms of actual figures, they were still in the process of compiling those and did not expect to have a final accounting until the second week of January. Councilman Roth moved to adopt and approve the recommendations of the Halloween Festival Committee, which included that the Committee be allowed to keep the $11,950 not used in the 1983 Festival as a financial reserve as requested in Recommendation No. 2. Councilman Bay seconded the motion. Before a vote was taken, Councilman Overholt stated he recalled that the allocation made last year was on a guarantee basis out of the Council Contingency Fund. If that was true, he felt they should take action converting that to a grant to the Festival. He suggested that they move to grant the 311,950 to the Festival; Councilman Roth stated that he would include that as part of his motion. A vote was then taken on the foregoing motion, clarified as follows: Approving the recommendations on Page 4 of the December 13, 1983 Halloween 1039 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Festival Blue Ribbon Committee Report and granting $11,950 to the Festival from the Council Contingency Fund (funds not used in the 1983 Festival). MOTION CARRIED. Before concluding, Mr. James Ruth, Assistant City Manager, clarified that the City's contribution was in in-kind services and was ~38,677. They did not have ail the costs but knew that that amount would not be exceeded and could be a little less. PUBLIC REQUEST - CONDITIONAL USE PERMIT NO. 2123 - TERMINATION: Submitted by Marilyn R. Watson and Lois M. Ramont, requesting termination of Conditional Use Permit No.. 2123, to permit a pre-school for 60 children on property located at 856 South Walnut Street, as a condition of approval of Conditional Use Permit No. 2483. Councilwoman Kaywood offered Resolution No. 83R-483, terminating Conditional Use Permit No. 2123, in accordance with the recommendation of the Zoning Division. Refer to Resolution Book. RESOLUTION NO. 83R-483: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2123 AND DECLARING RESOLUTION NO. 81R-2 NULL AND VOID. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 83R-483 duly passed and adopted. 142/164: ORDINANCE NO. 4464: Councilman Roth offered Ordinance No. 4464 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4464: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 17.08.410 OF CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (Subdivisions, Establishment of Drainage Areas) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4464 duly passed and adopted. 142.171: ORDINANCE NO. 4466: Councilman Bay offered Ordinance No. 4466 for adoption. Refer to Ordinance Book. 1040 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. ORDINANCE NO. 4466: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 2, CHAPTER 2.04, SECTIONS 2.04.040 AND 2.04.050 AND ADDING SECTION 2.04.051 PERTAINING TO SALES AND USE TAX. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayo~ declared Ordinance No. 4466 duly passed and adopted. 179: ORDINANCE NO. 4468: Councilman Roth offered Ordinance No. 4468 for first reading. ORDINANCE NO. 4468: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-8, CL, 711 South Beach Boulevard) 119: CONGRATULATIONS TO THE RAMS: Mayor Roth congratulated the Rams for winning a playoff spot in the National Football League Western Division and for having such a fine season. He asked that a resolution be prepared formally congratulating the Rams and Coach John Robinson on such a fine season. 114/173: AMTRAK STATION: Mayor Roth reported that he received a call from a citizen who indicated that they had called the 800 number for the Amtrak station in Anaheim for train information. She was told that the station was not complete to date and secondly, that she should go to Fullerton, because it was a better station in any case. He requested that staff call that number and pose the same questions to see if the response was the same and to subsequently submit a report. REQUEST FOR CLOSED SESSION: The Assistant City Manager, James Ruth, requested a Closed Session to discuss labor relations, potential litigation and a personnel matter with no action anticipated; the City Attorney requested a Closed Session to discuss litigation and potential litigation with no action anticipated~ Councilman R0th moved to recess into Closed Session and a lunch break. Councilman Bay seconded the motion. MOTION CARRIED. (10:57 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:42 p.m.) 179: CONTINUED PUBLIC HEARING - RECLASSIFICATION NO. 83-84-11 AND CONDITIONAL USE PERMIT NO. 2503: Application submitted by Darrell L. and Esther M. Clardy, for a change in zone from RS-7200 to CL, to permit commercial use of a residential structure to establish a self-defense school with caretaker's quarters on property located at 809 South Magnolia Avenue, with the following Code waivers: (a) minimum landscaped setback, and (b) minimum sideyard setback. 1041 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. The City Council, at its meeting of December 6, i983, granted a negative declaration status on the project (see minutes that date). The City Planning Commission, pursuant to Resolution No. PC83-199, approved Reclassification No. 83-84-11, subject to the following conditions: 1. That the owner of subject property shall, by recorded deed, irrevocably offer to deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Magnolia Avenue for street widening purposes, and 20 feet from west property line for alley purposes. 2. That the vehicular access rights, except at approved access points, to Magnolia Avenue shall be dedicated to the City of Anaheim. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Magnolia Avenue in an amount as determined by the City Council. 5. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council. 6. That prior to adoption of the Ordinance rezoning subject property, Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may grant. The City Planning Commission, pursuant to Resolution No. PC83-200, granted Conditional Use Permit No. 2503, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 83-84-11, now pending. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee equaling the difference between the commercial and residential assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 4. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be complied with. 1042 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. 5. That the maximum number of students per session shall be fifteen (15). A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of November 8, 1983, and a public hearing scheduled and continued from the meeting of December 6, 1983 (see minutes that date). Mayor Roth noted that the public input portion of the hearing was closed at the meeting of December 6, 1983; however, he had a question of the applicant or applicant's agent. Mr. Clardy or his representative was not present;'therefore, the matter was trailed until later in the meeting. (1:43 p.m.) Later in the meeting (3:17 p.m.) when Mr. Clardy was present in the Chambers audience, Mayor Roth asked him to review his proposal so that Councilman Pickler, who was not present at the December 6, 1983 meeting, could be apprised of his plans. Mr. Darrell Clardy explained his proposal, which was to build a self-defense school (see minutes December 6, 1983). As requested at the last meeting, he had also submit'ted elevation plans of the proposed building and what he planned to do on the property. Annika Santalahti, Assistant Director for Zoning, explained that Mr. Clardy had submitted three elevation drawings, which were posted on the Chambers wall, one being Revision 1 of Exhibit 4 and new Exhibits 5 and 6. The setback was still nine feet, or one foot less than the Code requirement. Councilwoman Kaywood expressed her concerns relative to parking. As noted in the staff report, on-site parking was provided at the rear of the property for eight vehicles, six open student spaces and two open tandem small car residents' spaces. Staff pointed out, however, that the eight spaces may not be adequate for the 15 students. There was also no street parking and it was not permitted. She was wondering if it was possible to approve the Conditional Use Permit for one year to see how the parking worked out, but not approve the Reclassification. Miss Santalahti stated that the CUP involved construction~ so she did not feel it appropriate to limit it to one year. If the Reclassification were not approved, the CUP would indicate it was a self-defense school and any other commercial use of the property would be eliminated, unless another public hearing was held. She felt it was possible to approve the CUP to allow the self-defense school in the RS-7200 zone. The front setback was still necessary and the CUP would be appropriate in that zone as well. Mr. Clardy explained that they were only going to be open five hours, four days a week, or 20 hours a week. As he mentioned at the previous meeting, there was parking approximately 100 yards to the south and north; Councilwoman Kaywood expressed her further concern in parents driving up to the school and dropping children off on Magnolia. ~ If that occurred, accidents would result, since it was not possible to do that safely on Magnolia because it was a travel lane. 1043 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Mr. Clardy stated he would have to speak to those who signed up for the classes personally to let them know that dropping off on Magnolia was not allowed. Councilman Pickler asked if sidewalks were to be installed; Miss Santalahti explained that the Engineering Department did not require construction of a sidewalk or other street improvements, but if the Council wished, they could require Mr. Clardy to make the sidewalk improvements. Councilman Bay asked Mr. Clardy if he would so stipulate to installing sidewalks along Magnolia, connecting with the existing sidewalk to the north; Mr. Clardy answered "yes." Councilman Pickler asked the hours of operation of the school; Mr. Clardy answered 3:00 p.m. to 7:00 p.m., Monday through Thursday. Councilman Pickler asked if he would also stipulate to those hours; Mr. Clardy answered that he did not know if he could do so, because he might want to have a special class occasionally and he did not want to limit himself. He also explained that he would like to take down the house on the property and build a parking lot. He indicated a school of 75 students, but that was a high maximum. All he wanted to do was make a living and that could be 30 students. Mr. Paul Singer, Traffic Engineer, stated that the problems outlined by Councilwoman Kaywood relative to traffic on Magnolia were his concern as well, and he discussed the matter with the developer when it first came up. Mr. Clardy assured him he was going to disseminate information to the parents of students to discourage them from parking at the curb or dropping children off on Magnolia and in such a way that he would install some sort of barrier or fence where there would be no access from the street to the property. Relative to a turnout, it would require additional right-of-way and construction. A depression would have to be constructed in order to accommodate a type of bus pull-out area at least eight feet wide. After additional discussion between Councilwoman Kaywood and staff, Miss Santalahti recommended that if it was the intent to approve the CUP only, that ali the conditions on the Reclassification be transferred to the CUP. Councilman Bay stated if they denied the Reclassification the business would never happen, because there would be no time e~ement to finance what Mr. Clardy was going to do. Councilwoman Kaywood stated she was concerned that if the Reclassification were approved, they were going to see a "hodgepodge" on the rest of Magnolia and there were 14 houses left. She thereupon offered Resolution No. 83R-484, denying Reclassification No. 83-84-11, reversing the findings of the City Planning Commission.~ Refer to Resolution Book. RESOLUTION NO. 83R-484: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE IN ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. (83-84-11) 1044 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 83R-484 duly passed and adopted. Councilwoman Kaywood offered Resolution No. 83R-485 for adoption, approving Conditional Use Permit No. 2503, subject to the stipulation that a sidewalk be installed along Magnolia Avenue connecting with the existing sidewalk to the north and the following conditions: 1. That the owner of subject property shall, by recorded deed, irrevocably offer to deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Magnolia Avenue for street widening purposes, and 20 feet from west property line for alley purposes. 2. That the vehicular access rights, except at approved access points, to Magnolia Avenue shall be dedicated to the City of Anaheim. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as determined by the City Council. 4. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Magnolia Avenue in an amount as determined by the City Council. 5. That prior to issuance of a building permit, the appropriate traffic signal assessment fee equaling the difference between the commercial and residential assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3, Revision No. 1 of Exhibit No. 4, and Exhibit Nos. 5 and 6. 7. That the maximum number of students per session shall be fifteen (15). 8. That a sidewalk shall be installed in accordance with City standards along Magnolia Avenue connecting with the existing sidewalk on the property to the north of subject property. 9. That prior to issuance of a building permit, Condition Nos. 1, 2, 3, 4 and 5, abovementioned, shall be complied with. 10. That prior to final building and zoning inspections, Condition Nos. 3 and 8, abovementioned, shall be complied with. Refer to Resolution Book. 1045 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. RESOLUTION NO. 83R-485: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2503. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Resolution No. 83R-485 duly passed and adopted. 174: CONTINUED PUBLIC HEARING - TENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: To consider the Tenth Year (1984-85) Community Development Block Grant Program Application in an estimated amount of ~2.2 million, to be submitted to the State for A-95 Review. (Continued from the meeting of December 13, 1983--see minutes that date--allocation was increased from $2.2 to $2,746,300 due to a change in the City's entitlement since 1980 census date was used in the calculation of the allocation formula.) Mayor Roth first explained that the public testimony portion of the hearing had been closed at the prior meeting, but Council would have the opportunity to ask questions of anyone present. He referred to the letter dated December 20, 1983, received that morning from the Anaheim Museum, Inc., signed by the Chairman and Co-Chairman, Mildred Taggart and Theresa Pawlowski. The four page letter (Subject: Communitywide Development Block Grant Program--Anaheim Museum, Inc., request for $145,000--on file in the City Clerk's office) answered the questions posed by City Manager Talley at the meeting of December 13, 1983 (see minutes that date). The Mayor then posed questions to Mrs. Pawlowski for purposes of clarification relative to the answers given to Mr. Talley's questions as specifically stated in the letter. Mrs Theresa Pawlowski, Co-Chairman, Anaheim Museum, Inc., confirmed that the request for ~145,000 would be a one-time only grant request. Relative to their commitment to complete the job, it was apparent by their fundraising time schedule that they were definitely committed to completing the job. With the granting of the request for ~145,0OO for the completion of Phase I, Anaheim Museum, Inc., would immediately implement a grass-roots community fund-raising program, as outlined on Page 1 of the letter. They felt at this time they had a mandate of the community of Anaheim for the City Council to continue the project and open a museum. She also confirmed that they would maintain the museum in cooperation with the City. She then answered further questions posed by Council members relative to the schedule of reconstruction and opening of the museum. Councilwoman Kaywood wanted to know the annual cost for maintenance of the museum and asked staff if the figures were available on the cost to maintain the Cultural Arts Center. James Ruth, Assistant City Manager, stated it was approximately $4,500 a year for ground maintenance, and the total for both maintenance and utilities was $29,000. 1046 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. After further questions posed to Mrs. Pawlowski by Councilwoman Kaywood, the Mayor asked on behalf of Councilwoman Kaywood if anyone had anything further to add. Mrs. Kris Tenpas, 1213 North Citron, spoke on the issue of the Crime Prevention Block Grant Officer position, the issue being since two Neighborhood Councils were not interested in having the position continued, they were fighting hard to prevent anyone continuing with that program. She maintained if any Councils in the City were willing to continue that position, she would like to see them have that opportunity. When ali four Councils said they were not interested, then the position should be eliminated, but not until that time. Extensive discussion took place between Council Members and Mrs. Tenpas relative to the Crime Prevention Officer; at the conclusion of discussion, Councilman Bay noted that the South Central Neighborhood Council and the Patrick Henry Neighborhood Council did not want the Crime Prevention Position under Block Grant continued, but the Citron and Central Neighborhood Councils did, and the latter was willing to give up monies for other projects to have it continued. He did not see a great deal of information on the Citron group and wanted to know how many were still actively meeting in that Council. Mr. August Heybrock, Citron Neighborhood Council, stated at their last meeting there were approximately ten to twelve people. He was in favor of keeping the position and the vote taken, while not unanimous in favor, was a majority vote. Mayor Roth then referred to memorandum dated December 15, 1983, from the Acting City Engineer, Art Daw, which was requested of staff at the last meeting. The report discussed flooding conditions in the 1500 block of West Laster Avenue as reported by Mrs. Cloake on December 13, 1983. He asked if there was any staff recommendation relative to that problem. Mr. Ruth stated it was a major problem and in terms of available funding they tried to deal with those on a priority basis. His recommendation would be to defer the project for a year based on their assessment. It was important and they should and would get to it, but if there was a financial crunch, they could defer it for a year. Councilwoman Kaywood asked if the project was one that was discussed at a meetin§ of the Committee~ approved but subsequently eliminated~ Lisa Stipkovich, Housing Manager, explained that it was on the list of the City Public Works Department. That information was given to the Committee, but in going over the priorities and requests, it was not something they chose to put on the priority list they received. Extensive Council discussion followed, including questions to staff. During the discussion and deliberation, each Council Member gave their input and thoughts relative to the recommendations of the CDBG Community-Wide Citizen Participation Committee on the allocation of the ~2.2 million as well as the ~546,300 in backup activities, the latter being the additional funding from HUD (see staff report dated December 2, 1983). 1047 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. During the deliberations, Mrs. Gay Duncan, Anaheim Assistance League, spoke relative to the AMPS Program as a result of questions posed by Council Members. Mrs. Duncan reported that they had talked with the City Utility, who felt they should continue with the program. Her organization felt there would be a greater need for the program in the winter time, but Utilities did not feel their bills changed from summer to winter. They wanted to continue the program for another six months, and that would take 515,000. Councilwoman Kaywood asked if the program were continued for a six-month period, would they be looking to have the Assistance League bow out of that program; Mrs. Duncan answered "yes." Mayor Roth stated he would support the 515,000 with the understanding that the program must be phased out and they would not be coming back to the Council for additional funds. Mrs. Ellen Pierce spoke on the need to have hot water in the lavatories at the George Washington Community Center. The programs in the Center included the TLC Program for Senior Citizens and she was concerned about the health problem if hot water ~was not available for workers in that program to wash their hands, as well as for other groups using the facility. She was also speaking for Jeanne Blackwell. Councilwoman Kaywood stated she wanted to make something clear relative to the museum. She personally would have preferred to see other funding for the museum, but she was a strong supporter that Anaheim should have had a historical museum many years ago. She was concerned with the estimated cost of 530,200 a year to provide staff, advertising and printing, materials and supplies, and postage and mailing. That had not been discussed by the Council as to whether it would be a City contribution year after year. She wanted to see a maximum set up so that it was not open-ended; Mayor Roth suggested that it be placed on a Council agenda and discussed. The outcome of Council deliberation on the subject funding resulted in the following motion: MOTION: Councilman Pickier moved to approve the Tenth Year 1984-85 Community Development Block Grant Program Application in the amount of $2,746,300 to be submitted for A-95 Review, encompassing the recommendations of the CDBG Community-Wide Participation Committee (see attachment to staff report of December 2, 1983, from the Executive Director of Community Development--Summary ~f CDBG Citizen Participation Recommendations for CDBG Funding FY 1984-85 and Subsequent Listing--Funding Request Received for FY 1984-85, which included backup funds, allocations.under the project headings, as well as non-profit organizations requests presented to the City Council--the Council was working from the latter document), with the following changes: (1) Remove backup funding on Item 7, Street Improvements, Orangewood Avenue, $45,000; (2) Remove backup funding on Item 6, Miscellaneous Game Court Improvements, ~23,000; (3) Remove backup funding on Item 5, Play Area 1048 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Improvements, $25,000; (4) Delete $58,000 for Crime Prevention Officer; (5) Reduce backup funding on Item 2, AI? Implementation Study, by ~14,000 (was ~150,000, now $136,000); (6) Include the following funding under non-profit organization requests: Catholic Social Services, $5,000; Assistance League of Anaheim (AMPS Program), $15,000 with program to be phased out; Anaheim Museum, Inc., ~145,000. Councilman Overholt seconded the motion. Before a vote was taken, Councilman Bay stated he was going to vote "yes" on the motion, but disagreed with the AMPS portion and the Catholic Social Services portion. However, when he looked at the majority of the ~2.7 million for the Tenth Year CDBG Program and saw that it was going directly to where he would like to see it go, into capital improvements and direct service to the public, that, in his opinion, fell under government responsibilities and he could hardly vote "no" against the whole thing. A vote was then taken on the foregoing motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for ten minutes. (3:10 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:17 p.m.) 179: PUBLIC HEARING - RECLASSIFICATION NO. 82-83-27 AND VARIANCE NO. 3328, REV. NO. 3~ REVISED PLANS: Submitted by State-Wide Developers, Inc., (Apollo Junior High School), requesting approval of revised plans for Reclassification No. 82-83-27 and Variance No. 3328, for a change in zone from RS-A-43,000 to RM-3000, to construct a 332-unit affordable condominium complex, with various Code waivers on approximately 18.6 acres of land located on the west side of Knott Street, south of Ball Road. Environmental Impact Report No. 247 was previously certified by the City Council on December 8, 1981. A public hearing was set by the City Council on November 22, 1983, upon recommendation of the City Planning Commission. The Mayor asked if the applicant or applicant's agent was present. Su~an Beamis, State-wide Developers, stated that revised plans had been submitted (which were posted on the Chambers wall) and the basic differences were as follows: They had reorganized the floor plans, rearranged the buildings by angling them to vary the feeling of the project, deleted one of the entrances and modified the circulation in the entire project. The changes resulted in additional recreation open space and enabled them to remove a few of the tandem parking spaces. They were asking for no additional variances and nothing that had not been previously approved. Staff had a concern relative to circulation. If they were to build in phases, staff wanted to be sure that the circulation could stand alone. She understood staff had put together a condition with which they were in agreement which would solve that problem. 1049 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Miss Santalahti stated the general wording of that condition was as follows: If the property is to be developed in phases, the property owner shall, prior to the issuance of the first building permit, record a document agreeing that during all phases of construction, adequate and safe on-site vehicular circulation shall be constructed and maintained for all vehicles, including any necessary turnarounds, said design to be approved by the City Traffic Engineer. This document shall be approved by the City Attorney's office prior to recordation. Councilwoman Kaywood asked Ms. Beamis if she would stipulate to that condition; Ms. Beamis so stipulated. Councilwoman Kaywood asked if they planned to have gates for the community; Ms. Beamis answered that there was no way that they could put gates at the entrances to the project itself, since they would have a stacking problem. They might use gates in the interior, around the units for security purposes, but they were still studying that aspect. There being no further persons who wished to speak, the Mayor closed the public hearing. MOTION: Councilman Roth moved to approve the revised plans for Reclassification No. 82-83-27 and Variance No. 3328, Revision No. 3, with the added condition stipulated to by the applicant as articulated by the Assistant Director for Zoning. Councilman Pickler seconded the motion. MOTION CARRIED. RECESS: By general consent, the Council recessed for ten minutes. (3:50 p.m) AFTER RECESS: The Mayor called the meeting tO order, all Council Members being present. (4:02 p.m.) i53:' ANAHEIM FIREFIGHTERS ASSOCIATION: Mr. Jim Scherler, President, request to address the impasse between the Anaheim Firefighters Association and the City, in accordance with Section 1.06.090 of Ordinance No. 3040. Mr. Jim Scherler, President of the Anaheim Firefighters Association, first stated he hoped the Council had an opportunity to review the material they had presented~published in the local newspapers, which they felt illustrated the concerns they had with the City's proposed contract. He continued that firefightlng was the most hazardous occupation in the United States and twice as many firefighters died in the line of duty as policemen. The death rate from cancer for firefighters was almost twice that of non-firefighters and they had a 55 percent greater chance of dying from heart disease as that of the general population. He then elaborated upon some of the additional hazards of the job. He emphasized the City was considering reducing the economic protectives they considered part of their compensation for doing those tasks. During the last five years, the Police Department had increased in size by 49 members to assist with the City's expansion, but in the same five years, the Fire Department had been reduced by 12 members. They were now doing more of 1050 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. an increasingly hazardous occupation with fewer people, thereby increasing the risks to themselves. They were being required to do more with less. He recounted the fires that had taken place in the City in the last year, emphasizing that the chances of injuries and death for firefighters were just as great in Anaheim as anywhere else. In addition, the City was also proposing to eliminate their mandatory physical examinations which were a proven factor in discovering injuries and disease before they caused disabling retirements and death. Those were some of the reasons why their membership turned down the proposed contract by a three-to-one margin. They did not feel the City was in such financial distress as to necessitate the reduction of protective benefits for its firefighters. In the City's opening remarks at negotiations, it was stated that it was not a matter of the City being able to afford pay raises and retirement benefits, but those items were not as high a priority as infrastructure improvements. The protection of firefighters lives through mandatory physicals and the security of their families' futures should be the highest priority. In concluding, Mr. Scherler stated that the City's proposed new salary structure would have new firefighters, members of the most hazardous occupation in the United States, making less salary than the Fire Chief's secretary. Mr. Jay Gould, Attorney, General Counsel and Chief Negotiator for the Anaheim Firefighters Association, explained that Mr. Paterson, the City's negotiator, told them there would be no agreement unless they agreed to give up retirement benefits and retirement insurance benefits for new employees. Their firefighters rejected the City's final proposal by a margin of three-to-one. That membership was present today, as was the membership from the Anaheim Police Association, the Anaheim Municipal Employees Association and the International Brotherhood of Electrical Workers. The question was why so much controversy over benefits and protection for employees not yet hired. In preparation for today, he asked himself, what would reach the hearts and minds of the Council to cause them to go slow, to study the issue, to decide that the economic savings were outweighed by the human impact. He would plead for the City's future employees and beg for them. Mr. Scherler told them about the hazards of the occupation. He would ask them to listen to those hazards, consider and study them. He was not asking for more money for their current employees or better benefits for their current employees. He was asking them not to take away basic protections that a future member of the most hazardous occupation desired and needed. He was asking them to do what was right for those willing to be injured and die to protect them and their possessions. Mr. Gould then described the hazards of the firefighter. Most disability retirements for firefighters occurred between the age of 49 and 56 and firefighters were disabled by heart disease 55 percent more than the people they served. He asked how, as their employers, they could reconcile in good conscience, increasing their retirement age from 50 to 55. He urged the Council not to act at this time, but defer any action for at least a year, take the information provided and refer it to a citizens' committee on 1051 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, i983, 10:00 A.M. retirement benefits to let them study whether the retirement age for firefighters should be increased and whether firefighters needed the economic protection of health insurance when they retired. He urged them not to act in haste to save money. The bottom line for firefighters today was that their decision to take a job protecting lives and property meant that they lived an average of ten fewer years than other Americans. Those people were the Council's employees. They were being asked to make a monetary decision about how their lives would be conducted when they became their employees. He asked them not to act in haste. (Also see booklet submitted entitled, "A Presentation by the Anaheim Firefighters Association Local 2899 IAFF to Anaheim City Council December 20, 1983--on file in the City Clerk'S office.) Mrs. Linda Pash, 5525 Lemon Street, Long Beach, stated that her husband was a paramedic fireman for the Anaheim Fire Department and, as a practicing nurse, she was aware of and had seen the ill effects his job had on his health. She described how firefighters operated under a state of sleep deprivation and the deterioration that occurred to the human body due to shift work, the latter being the subject of a research project she had just completed. She resented the fact that the City was trying to take away benefits from the firefighters. They needed more vacation, more sick days and more retirement benefits--not less. Mr. Jake Petrosino, Planning Graphics Supervisor in the Planning Department and the elected member on the PERS Board of Administration representing the active public agency membership in the State of California, stated he had been before the Council twice in the last few years and he was present again on the same subject, widows and orphans benefits. He felt that the representative organizations could represent their own members better than he could; he was present for those not represented, the widows and orphans of workers who had died, and not represented at the bargaining table. It was his understanding that the City was proposing to eliminate the 1959 Survivor Benefits. Those benefits were paid for totally by the employee at a rate of ~2 a month. If the elimination of those benefits was still a part of the City's proposal, that instructions be given by the Council to strike that from the City's position and reinstitute those benefits and hopefully not diminish them or eliminate them for new employees or existing employees. After the foregoing presentations, Mayor Roth asked if staff had anything to add: Human R~ourc~ Director Garry McRae answered "no." Councilman Roth offered Resolution No. 83R-486 for adoption. Refer to Resolution Book. RESOLUTION NO. 83R-486: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE FIRE EMPLOYEES UNIT, REPEALING RESOLUTION NOS. 80R-545, 82R-500, 82R-558, AND SUPERSEDING THOSE PORTIONS OF RESOLUTION NOS. 63R-910, 64R-467, 65R~459, 69R-603, 69R-607, 72R-502, 72R-506, 72R-507, 76R-184, 76R-509, 77R-806, 77R-807, 79R-615, 81R-151, 81R-173, 81R-410, 81R-411, 81R-537, 81R-538 AS THEY APPLIED TO EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE FIRE EMPLOYEES UNIT. 1052 City Hall, Anaheim, CaLifornia - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The ~ayor declared Resolution No. 83R-486 duly passed and adopted. Councilman Roth offered Resolution No. 83R-487 for adoption. Refer to Resolution Book. RESOLUTIONNO. 83R-487: RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. (to provide Section 20461.6, reduction of benefits for future employees, for local fire members only) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Resolution No. 83R-487 duly passed and adopted. ORDINANCE NO. 4469: Councilman Roth offered Ordinance No. 4469 for first reading. ORDINANCE NO. 4469: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL OF THE CITY OF ANAHEIM AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOTION: Councilman Roth moved to approve the Plan Document for the City of Anaheim Employee Benefit Plan to be effective January 1, 1984, for employees in the Fire Employee Unit of Representation. Councilman Bay seconded the motion. MOTION CARRIED. MOTION: Councilman R0th moved to approve the letter from Standard Insurance Company'amending Long Term Disability policy to provide that employees in the Fire Employees Unit shall be eligible for LTD benefits only from conditions that are non-occupational and adopting premium rates for 1984. Councilman Pickler seconded the motion. MOTION CARRIED. 112.123: MANAGEMENT AUDIT OF CITY ATTORNEY'S OFFICE: Councilman Pickler moved to accept the proposal of Ralph E. Andersen & Associates to perform a management audit of the City Attorney's office and directing the City Attorney to prepare the contract for submission to the City Council on January 3, 1984. Councilman Roth seconded the motion. MOTION CARRIED. 1053 City Hall, Anaheim, California - COUNCIL MINUTES - December 20, 1983, 10:00 A.M. ADJOURNMENT: Councilman Roth moved to adjourn. Councilman Pickler seconded the motionl MOTION CARRIED. (4:25 p.m.) LINDA D. ROBERTS, CITY CLERK 1054