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1979/06/1279-645 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12~ 1979~ 10:00 'A.M.. The City Cow ~cil of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Overholt (entered at 10:21 A.M.), Kaywood, Bay, Roth and Seymour (entered at 10:42 A.M.) COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins DATA PROCESSING DIRECTOR: TakuJi Tamaru UTILITIES GENERAL MANAGER: Gordon W. Hoyt RISK MANAGER: Jack Love AUDIT SUPERVISOR: Young Choi PROGRAM BUDGET MANAGER: Ron Rothschild In the absence of the Mayor and Mayor Pro Tem, Councilwoman Kaywood called the Council to order at 10:00 A.M. for the purpose of conducting a Budget Session with staff. DATA PROCESSING DEPARTMENT: City Manager William Talley referred to Control Center 76, Page C228-233 of the proposed 1979-80 Resource Allocation Plan with capital improvement projects for Data Processing listed on Pages D36-39. Mr. Takuji Tamaru, Data Processing Director, explained that the proposed Budget for his Department of $1,861,451 was a 3.4% increase over the current Budget of $1,792.155 and the number of regular positions proposed for the next year being exactly the same as those for the current year or 47 positions. CETA positions were reduced by 9 and clerical staff was being reduced from 5 to 3. The budget was broken down into three programs as follows: Information Systems Processing or the Operations Program, totaling $1,343,227 or 72% of the total budget. It involved day-to-day processing of all systems for the City and all users: Systems Maintenance and Modification Program totaling $'387,151 or 21% of the total budget invol~ing the maintenance of ongoing syste~ to meet the new legal requirements an~ tax law changes; and Data Processing Administration totaling $131,073 or 7% c~ the total budget. In Administration, they had com- pleted a reorganization in which all administration services.had now been centralized, and as a result, they were able to reduce clerical positions and CETA clerical positions~ On the revenue side, the largest user was the Anaheim Public Utilities Department, Utilities Fund, or $678,7~8 including $93,000 in Sanitation billing, or 36.5%. The MDS cities under contract would provide $623,800, or 33.5% of the Data Processing revenues. The 12 General Fund departments which they serviced in varying degrees would be allocated $419,162, or 22.5% of the total allocation. Other agencies and CETA provided for the remaining $44,741 or 2.4% of the allocation. The Capital Improvement Program for the next year consisted of seven projects totaling $524,552. Of that amount, the General Fund total would be $231,848, or 44.2%. One of the objectives of the Department was to maintain the General 79-646 .City H~ll., Anaheim, California - COUNCIL MINUTES - June 12, 1979, 10:00 A.M. Fund expenditure at the !977-78 level or lower. They had been able to do so and in 78-79 they had $663~000 allocated for both capital investment and operation. In 79-80, it would be .~=du=ed slightly to $651,000 for both operations. The services to be rendered from the b,,~%et would be to maintain all ongoing currently operational systems with the foIlowing major additions for the City of Anaheim: the Accounts Payable System proposed to go on-line as part of the integrated Fiscal System in July of 1979; Inventory Control System scheduled to go on-line in November of 1979; the Payroll/Personnel System, a major subsystem, scheduled to go on-line in early 1980. The Library and Book Tracking Library Circulation and Book Acquisition System, Phase I, would start in early 1980. The Event Work Order System, Phase I, was currently in operation with Phase II scheduled to start in 1979-80. The on-line Budget System would start in 1979-80. A major reorganization of the Utilities Customer Information System would be a joint effort between Utilities, Data Processing and the original software firm that wrote the programs, scheduled for 1979-80. A major study to be undertaken was that of a Master Plan Police Information System for the Anaheim Police Department. Also contemplated in the budget was a major reorganization of the Operations program. On May 21, 1979, they appointed Don McGregor, Computer Operations Manager. A major change in philosophy in the Systems Development Program would be the concentranion on in-house maintenance of ongoing programs, and they were going to contrac-~ out to the industry as much of the development projects as possible. One of the major objectives for next year was to increase the current computer capacity by another 10%o They were essentially at full capacity today and planned to acquire t'hat increase by using more efficient software and by changing their procedures. Mayor Pro Tem Overholt entered the Council Chamber. (10:21 A.M.) City Manager Talley stated the only item he would add was, based upon the Budget Blue Ribbon Committee recommendations, Council had also approved solicitation for an in depth analysis of the current relationship with MDS. He recommended that they add $25,000 to the cost of that study, which was not budgeted and which was to be submitted to t~e Council later today. Councilman Roth stated he was interested in the MDS study and felt it should be a priority. He wanted to know if Mr. Tamaru knew of any additional cities coming on-line~ Mr. Tamaru answered they were abiding by Council wishes and thus had deferred any additions. Mayor Pro Tem Overholt stat.~d that he and the Mayor had an opportunity to talk to Mr. Tamaru about his Department in liaison meetings, as well as privately. They were looking forward t~ the results of the study to see what direction the City as a matter of policy wanted to take regarding cooperative or non-cooperative data processing. He felt that the Department was doing a good job, and it was just a matter of understanding where it was headed. 79-647 City Ha.il, Anaheim~ ..California - COUNCIL MINUTES - June 12~ 1979, 10:00 A.M. Councilwoman Kaywood stated that she had been very supportive of the Data Processing Department al!. :~.!ong and was sorry for the turmoil. They were doing a fantastic job ~nd~:r the existing morale situation. CITY COUNCIL BUDGET~ Mr~ i!~iley refer~ to Page C10-13 listing the City Council budget which did not inci~de capital improvement programs. The budget included Council salaries and certain amounts under unappropriated reserves or the Council Contingency Fund and Community Promotion, basically the Halloween Festival, special promotional projects, and the allocation to the Visitor and Convention Bureau (V&C). The V&C allocation required the City to submit 17% or one-sixth of the amount collected for room taxes. However, because the room tax amount had been increasing at such a rapid rate, they were recommending an increase based on a review with Mr. Snyder. As part of the allocation made by the City, the V&C provided information to show they had received like amounts in either dollars or services from their membership--in effect, the City was providing a match program of well over $i million. In view of the fact that Anaheim was a very competitive market and with gas shortage and other factors, he believed one the of wisest investments was the advertising done through the V&C to keep people coming to Anaheim. Of the $150,000 in the Council Contingency Fund for this year, $128,593 had been allocated as of yesterday. Thus $150,000 was again appropriated to the Council Contingency Fund, which was a nominal amount for the Council to consider for the coming year. Councilman Roth asked about the Sister Cities' budget and also the Cinco de Mayo Festival. Although the latter only involved a minor amount, a discussion arose on the issue every year. Mr. Talley explained that the Sister Cities Program was included in Program 103, Community Promotion, in the amount of $1,500. The Cinco de Mayo Festival was not included in the program. There were a number of items that were going to be presented this afternoon at the budget hearing, and it could be added as a special item, such as the HERE Program, TLC and other applications pending. Councilwoman Kaywood noted that some items that had been presented as a one- time proposal suddenly were becoming annual events, and she maintained some could be supported without depending upon the City in view of Proposition 13. PUBLIC UTILITIES DEPARTMENT BUDGET: Mr. Talley referred to Pages C234-327 of the Resource Allocation P!an~ the Public Utilities budget, and the largest of all departments. The capital improvements for the department were outlined on Pages D3-9, Water, Capital Improvements, D10-16, Electric, D17, Utilities Service Center, and D37-38, Data Processing. A major policy area to be addressed by Mr. Hoyt was relative to the $43 million budgeted for San Onofre, Units 2 and 3. Council could, at the adoption of the budget, either elect to bring that amount forward or wait until the Public Utilities Board (PUB) made a definite recommendation. At that time, they could then add that amount to the budget. New amounts were estimated at close to $50 million. He would be discussing the matter in the budget wrap-up when he would be talking about $54 or $55 million worth of budgeted changes--S50 million would involve this one item, with $3 million bail-out resulting in a 1% change. 79-648 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 10:00 A.M. General Manager of Public Utilities, Gordon Hoyt, stated it would be well to hold action on the San Onofre bonding until such time as they were ready to sell, and the Council could make whatever adjustments were appropriate at that time. He estimated it would be somewhere between $54 and $57 million. Mr. Hoyt then gave an overview of his Department's budget as follows: Electric: approximately 81% of the Electric Utility's income from sales went to purchased power, or $67 million. Excluding purchased power and electric revenue bonds capital, the budget increased 2.3% over the previous year. Major construction proposed out of current revenue funds was a new substation in the Santa Ana Canyon to be constructed over a four-year period. A rate increase was approved by the Council effective June 1, 1979 of approximatley 7%. Mayor Seymour entered tile Council Chamber. (10:42 A.M.) Total funds budgeted from all sources, $91.7 million. The $42 million budgeted for San Onofre carried forward would make a significant difference in that number. Water: Approximately 48% of the Water Utility's income from sales was for the supply of water. Excluding water supply costs and bond fund capital, the Water Utility's budget increased eight-tenths of one percent. A six percent increase would be going into effect July 1, 1979 under the Water Commodity Clause, reflecting an increase in the cost of water from the MWD, pump tax, basin equity ratio and the cost of electricity for pumping. When the PUB approved the budget, it recommended to the Council that there be a shift $394,274 in Program 606 and 619 from Water Revenue Funding to Water Bond Funding. The reason the Board and the Department made that recommendation was due to the fact that without that shift, they would be looking for a 4% base rate increase this year. With that shift, no increase in the water rate base would be necessary. They were antic- ipating selling $4~ to $5 million of water revenue bonds later in the year, with approximatley $1.1 million of that for the water system in the Redevelopment Ma__~.'or Construction Items: Construction of the Diemer Intertie Pipeline was ex- pected to be started shortly to become operational in the summer of 1980 and construction of a 2-million gallon reservoir at the Lenain Filtration Plant was expected to start approximately October 1979. Later in the year, they intended to review the charges they were making for the primary main system, acreage fees and connection charges for meter boxes, etc., for connection to the water facility and at that time, would make appropriate recommendations. Budgeted in the Electric budget were two Power Contract Engineers. They had recruited for those people~ but were unable to do so satisfactorily at the proposed salary level. Therefore, Mr. Hoyt was proposing instead that they eliminate that classification and use two existing classifications--an Electrical Engineer which they had, and an Electrical Engineering Associate, a job classification they already had. That would increase the cost of those two positions approximately $6,500 a year without burden and $9,700 with. 79-649 City Hall, Anaheim, California - COUNCIL MINUTES - June 12.~ 1979, 10:00 A.M. In connection with San Onofre, they were preparing an amendment to the appli- cation for licensing of the plant to include Anaheim and Riverside as licensees. That was being worked out w~th Special Counsel, Alan Watts, and the lawyers for Edison and would be submittcd to the Council later in the month in the form of a resolution. He anticipated that action woul~ be completed at the earliest, approximately August 1, 1979, and at the latest several months beyond that. They could sell electric revenue bonds as early as October or November although it could be closer to December or the early part of next year. The project remained on schedule with Unit 2 scheduled for initial operation in 1980. Mr. Hoyt then explained for Councilmmn Bay that the current schedule called for November 27, 1979 as the sale date for the water bonds. He also confirmed that prior to that time, Redevelopment would not receive $1.1 million for their cash flow. Councilman Bay then wanted to know if the $1.1 million for the water works to be done in Project Alpha was going to be impacted by the November 27th date. Mr. Hoyt explained the matter was discussed with Mr. Priest and his associates, and currently it did not present any problems. Councilman Roth asked Mr. tloyt what he could say about the future relative to wholesale rates and power from Edison. Mr. Hoyt reported that an increase would be going into effect August 16, 1979, and it had been taken into consideration in the recent retail rate case presented to the PUB and the Councii. However, they expected the cost of fuel to escalate considerably, but with the fuel energy cost adjustment arrangement now in current rates, costs would increase more slowly. With the balancing account idea, they hoped to have some rate stability in their retail rates. The latest estimate was that by June 30, 1980, rates would be nearly 11.9% above what they were in May 31, 1979. Several litigations wera also pending before the Federal Energy Regulatory Commission (FERC) and Case No. 76205 was expected to net a refund of approx- imately $6 million. It had been heard by the Commission and scheduled back to the Commission two weeks ago, but it had not yet come back. It was possible they would get a decision in the current fiscal year with a refund in hand by the end of the fiscal year. They made no provisions for that refund in the current budget. Mr. Hoyt expressed to the Council his appreciation to his staff who were responsible for and who did an outstanding job of putting the budget together. CITY ATTORNEY'S BUDGET: Mr, Talley referred to Page C23-28 including program 121-125. City Attorney William Hopki:]s stated the budget covered the cost of handling the City's legal business, and he anticipated they could do so with the same number of attorneys and secretarial staff. No personnel increases were proposed. The increases that were proposed reflected the increase in costs due to inflation and increasing litigation and legal activity workload. 79-650 City Hall, Anahei~., California - COUNCIL MINUTES - June 12~ 1979, 10:00 A.M. It was difficult to predict how many lawsuits would be filed against the City or how many crimes they would be prosecuting. The figures presented represented the best estimates of the number of cases anticipated. He hoped they would be able to operate at a cost below the estimated budget figures and they would do their best to minim~e expenditures in all categories. CITY CLERK'S BUDGET: Mr. Talley referred to Page C29-33, Control Center 34, programs 132 and 134~ There were no capital improvement projects involved. City Clerk Linda Roberts explained that the 1979-80 budget consisted of three programs, two additional over last year due to the municipal election in April 1980 and the new program of Centralized Records Management to assist administra- tive departments in cannralizing the records of the City. Activities included in the City Clerk's records were only those required by the City Charter, the Municipal Code and the Government Code of the State. The Centralized Records Management Program included one additional position for a period of 18 months. Councilman Roth asked if her office was going to be losing any CETA representa- tion; Mrs. Roberts answered, not to her knowledge. They would maintain the three positions for the 12 months~ CITY TREASURER'S BUDGET~ ~e Mayor reported that he had spoken with the City Treasurer, Glen Stewart who indicated that since he would have a difficult time ascending the stairs to the Council Chamber, he would be happy to discuss his budget with the Council either on the first floor or in his office. The Treasurer's budget could be found on Page C34, 35 and 36 and if there were any questions, special arrangements could 'be made. Councilwoman Kaywood noned the projection of $5 million of interest earned annually, and she wanted to know if that was reasonable. Mr. Talley answered "yes", and the budget of $2.5 million would be substantially exceeded~ It was a s~ngle position budget representing only the City Treasurer. The major cost allocations 'were those amounts paid for the Money Max System and charged to the City by the S~ate for collection of revenues. The figures for this year were roughly $4.2 million instead of $2.5 million and those had been reported on a monthly basis. ADMINISTRATION BUDGET: Mr. Tailey referred to Page C14-22, Control Centers 32, 29 and 38, Capital Improvement No. 907 and on Page D35 there was a $12,000 amount for the design and implementation of a cable TV system to serve the residents of the Santa Aha Canyon which Council approved recently. Since Mr. Armstrong of his office was coordinating that activity, the project was placed in the City Administation budget. He then deferred to Assistant City Manager William Hopkins to make the presentation on the three Control Centers. Assistant City Manager Hopkins, starting with Control Center 32, City Admin- istration, explained that the budget reflected the reorganization changes, thus changing dollar amounts, as well as work hour amounts as shown and explained on Page C15. The 1979-80 appropriations total $219,981 or 1.7% increase over the current adopted budget. Some 357 work hours were added to show some of the apportionment of a parttime sharing of a full time clerk in IGR. 79-651 City Hall~ Anaheim~ .Cali___fo__rnia.- COUNCIL MINUTES - June. 12~ 1979~ 10:00 A.M. In the City Manager's general functioning area, the main items being contemplated were the expansion of Anaheim Stadium to bring in the Rams in time for the fall season, initiation of the Betterment II Project and negotiations for a major hotel adjacent to the Convention Center, moving into the new Civic Center in the Spring of 1980~ developing progrzm budgets for 1980-81, implementation of CATV, institution of many of the basic information systems or institution of studies as indicated by other departments such as the Police Information System. The foregoing function~ were special items in addition to the normal day-to-day routine of running the City of Anaheim in accordance with Council Policy and Charter requirements~ FISCAL AUDIT CENTER: (Page C17-19) Mro Hopkins explained that the program recovered a large part of its income from charges made to other departments utilizing its services° Relative to expenditures, the total cost of the Fiscal Audit Program before reimbursements totaled $112,757, a decrease of $17,212 from the current budget. The prime reason was the reduction of one CETA Supportive Junior ~ditor due to the new CETA regulations, precluding continuance with that program at the current salary level. The other City Auditor position would be transitioned effective September 28, 1979. The primary emphasis was to insure that the City's assets were protected. An important by-product was the fact that they recovered revenues as audits were performed which more than paid for the audit function. On the bailout list there was a recommendation to Council to reconsider the possibility of cons- tituting the Audit Force at its present strength and including another position making a total of four positions in the Audit Program going into the next fiscal year° That position would take care of itself in terms of the revenue achieved through the audit program. They were maintaining or increasing audits in the Bingo area. Councilman Roth expremsed his concern over the reduction in bed tax audits, while putting more emphasis on Bingo audits, whereas more revenue was generated from the bed tax. Mr~ Talley explained that was true when they started the program, but they had now or would be soon c~ompleting a total cycle of audits of motels-hotels. As they returned, those businesses were aware that they were coming and thus their books were better maintained, eliminating substantial adjustments. They were therefore spending less time on the average audit. An area he believed to be very beneficial under the audit program was to have rep- resentatives visit ~he Stat~ Board of Equalization and make checks to see if the City was receiving all sales tax allocations by comparing sales tax vs business licenses. In that function alone, they picked up an estimated $80,000 which would be ongoing and sales taxes which were not being apportioned to the City correctly and that would be a continuing program. Councilman Roth asked if there would be less Bingo audits after the new Bingo ordinance went into effect due to the decreased number of playing days allowed. Assistant City Manager Hopkins explained that reductions would not take place until the end of the calendar year because the ordinance would affect licenses as they expired. They were isolating five Bingo operations from the present 79-652 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12~ 1979, 10:00 A.M. 22 licensed games in terms of their total intake and had been performing major audits on the major Bingo activities which they planned to continue even though there may be diminished activity. Councilwoman Kaywood asked the cost of ~he Bingo audit thus far; Mr. Young Choi, Audit Supervisor, stated it was approximately $1,250 per Bingo audit or an average of 70 hours each Bingo audit. After further questioning by Councilman Overholt, Mro Choi confirmed that the cost of auditing the largest Bingo operators in the City was $1,250o Councilman Bay asked, if Bingo were reduced to one night a week, instead of three, would he have any estimates on how much that action would reduce the audit cost. Mr. Choi explained if they maintained five audits a year and audited one-day-a- week operations, that would substantially lower the audit time required and they might be able to reduce the number of Bingo audits per year. The problems they might encounter in the course of auditing one-day operations would be substan- tially immaterial compared to the problems with larger Bingo operations. RISK MANAGEMENT: Mr. Hopkins referred to Control Center 38, Page C20-22. The Risk Management Program was instituted in late 1977-78 and the financial results of the program since then had been outstanding. For example, the marketing of General Liability insurance brought a reduction from the prior year's premium of approximately $135,000; the Workers Compensation excess insurance was restored to net a savings of $27,000; the first layer of automobile liability insurance, which was self-insured, resulted in an approximate $31,000 savings, and the CETA Worker's Compensation was placed with a private carrier instead of with the State which resulted in a savings of approximately $35,000 for a total reduction in the premium of $229,000~ They anticipated that the cost savings for the coming fiscal year in addition to the savings mentioned above would occur in the following areas: ratio of Worker's Compensation incurred losses to the manual premiums; the self insured worker's compensation premium had been reduced from $2.2 million to $1.5 million for the next year; the industrial accident rate had been reduced by approximately $30,000 in anticipation of the safety program; the liability insurance premiums were anticiapted to be at least $100,000 below the cost for the current year as a result of the brokerage activities of the City~ EXPENDITURES: In terms of expenditures, the Risk Management budget totaled $244,142, an increase of $60,014 due first to the fact that they were now at full strength in addition to a new Safety Administrator. The major area of emphasis in 1979-80 would be as follows: administering the City's liability insurance program with the objective of reducing expenditures from 10% to 20%; administering the Worker's Compensation program with the objective of reducing costs in lost time by 5% throughout the entire City; administering the property insurance program to insure the City had sufficient coverage in all areas; administering the safety program with the objective of reducing liability and all claims by 5%; the process by which they were now handling claimants in Police and Fire for disability retirement at the direction of the Council was underway, and they hoped to have the outstanding backlog of those cases completed by the end of the calendar year. 79-653 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 10:00 A.M. Mr. Jack Love, Risk Manager~ then answered questions posed by both Councilmen Bay and Roth for purposes of clarification. He reported that the main plus in reducing the total claims relative to Workers Compensation would be in exerting their controls in certain areas where administratively they could exert those controls. Councilman Roth was concerned that in those cases where employees definitely had a problem, he did not want anything done to harass them in order to obtain information. He also noted the broad range of between 10 to 20% projected as the goal for reduction of expenditures in the liability insurance premium. Mr. Love explained that the current broker had suggested to him a dollar figure of approximatley $200,000, but he would prefer to see those figures in an offer before they were submitted to Council in July, as opposed to accepting their word, it was possible that it could be more than 20%. Councilman Roth asked Mr~ Love to keep the Council advised relative to any reduction. Councilwoman Kaywood asked the total savings in reduced premiums over the former broker. Mr. Love stated savings were approximately $229,000, and he had been advised that premiums for liability alone in the current year could be reduced by approximately another $200,000 and a conservative estimate would be approximately $100,000. They now had two of the top brokerage firms in the country to bring in the best price this year~ He then elaborated upon other areas of reductions anticipated in the coming year~ Councilman Overholt commented that the results of the efforts in the Risk Manage- ment area were starting to show, and he complimented staff in that regard. VISITOR AND CONVENTION BUREAU: Assistant City Manager Hopkins then briefed the Council on the V&C Program. He explained that part of the Council's promotional program (Page C10) incorporated $671,000 for the coming fiscal year for the V&C activity supported by the City~ The pm~gram was based primarily on how the Program Manager viewed the activities for the coming year, as well as the initiation of another office in the Chicago area and the allowance for inflationary costs over the current $578,000 budget. The City paid the V&C on the basis of monthly statements submitted, and applied the 17% formula to make sure that the support the Convention Bureau was required to give the City occurred before reimbursement was made to the Bureau. Mayor Seymour stated that the projections on bed tax revenue were based upon some facts that may have changed since the time the projection was made, specifically the gasoline crunch. He asked, knowing what they knew now, were they changing those project%ons on the bed tax revenue. Assistant City Manager Hopkins stated they were not changing the projections and had analyzed the matter in the light expressed by the Mayor. They still maintained a 5.2 revenue projection for the coming year. Much of the activity in the hotel/motel area was supported by people transported by mass transit methods, as opposed to individual methods. 79-654 .~ity Hall, Anaheim.~ California - COUNCIL MINUTES - June 12~ 1979~ 10:00 A.M. Mayor Seymour stated he had contact last week with people in the RV park business who indicated that business was off 50% to 75% and that projections throughout the year on the average were for a 35% to 50% decrease. Mr. Hopkins explained that they repreg.,~ted a relatively lesser portion of the total occupancy factor; Mrs. Talley stated that they picked up approximately $100,000 a year on a $4 million budget, or about 2%. In reviewing the situation, the Council should be aware that they received a report of room tax collected on a monthly basis. They would be watching it very closely month to month and the budget projection was based upon an approximate percentage collected of the annual amount, and they would be using a five-year average for tracking purposes. He continued that two things they believed would mitigate any adverse effects was (1) even though gasoline seemed to be hard to get, it was a sales tax item and it had gone up 30%; it appeared almost as much gas was being consumed, but at the higher cost. Thus, there might be an offsetting sales tax revenue. (2) Occupancy involved people coming from outside the area, and it appeared now that their initial rates of inflation may be exceeded. If so, normally room rates tracked inflation. However, they would look at the situation each month and if there were serious drops in their projections, they would alert the Council and institute whatever modifications were required. Assistant City Manager Hopkins reiterated that they saw no reason for changing the present projections at this time. The Mayor asked Mr. Snyder if he was satisfied and if he could do the same out- standing job as in the past with the money being allocated to the V&C. Mr. Bill Snyder, President of the Visitor and Convention Bureau, stated he was very comfortable with the allocation and they were in a competitive situation with other cities who operated with substantially higher budgets. He felt that they could continue to do their day-to-day job and have some latitude to capture new business. He then briefed the Council on the new Chicago office as requested by Councilwoman Kaywood. C~ty Manager Talley then referred to a communication he proposed giving to the Council at the afternoon Council Meeting listing all policy decisions; however, he felt it would be beneficial if they could review that document now and have any department heads that might be needed available at 3:00 P.M. to go over those decisions. Mr. Ron Rothschild, Assistant Finance Director, then submitted a memorandum of June 12, 1978 from the City Manager to the Council, subject: FY 1979/80 Resource Allocation Plan. Mr. Talley briefed the Council on the document listing under headings: (1) Policy decisions, "a" through "h", expenses and revenues (where applicable), (2) Budget Adjustments, "a" through "m", (3) San Onofre Generation. Units 2 and 3, rebudgeted participation in SONGS Units 2 and 3 financed through the sale of revenue bonds, (4) Public Utilities Capital Improvement Projects "a" through "f", and (5) State Proposition 13 surplus subvention--"bailout". There was Council discussion and questioning on the following items: la--purchase 200 volumes of the Anaheim Historical Buildings publication for community promotion purposes--S2,500. 79-655 Ci___t.y Ha!l~ Anaheim~alifornia - COUNCIL MINUTES - June 12~ 1979~ 10:00 A.M. CouncZlwoman Kaywood fait that 200 volumes was excessive, considering the cost; the Mayor stated when he asked to have an amount budgeted, he had in mind that from time to time the books be presented to vimiting dignitaries to the City, and he did not anticipate that they would all be used in the next fiscal year. Mr. Talley explained that the supply of the books would be an inventory. The Mayor then confirmed for' Councilwoman Kaywood that at times the books would be given, at other times the "A" frame, and on occasions both items. Councilman Overholt pointed out that the book was not a depreciating asset and would be Just as appropriate to present 20 years from now as today. Mayor Seymour stated the answer was "yes" on that item; Mr. Talley stated they would make it part of a specific program° Councilman Bay questioned if all items listed would come out of the $3.2 million Proposition 13 subvention monies. Mr. Talley answered they all would be eligible to come out of that program or out of the reduction in some other program, and none were included in the Resource Allocation Plan~ The Council would be telling him on the items listed that they be added to the budget and come from Proposition 13 subvention monies, unless he was told to the contrary. For example, the $2,500 for item la would come from bailout because the Council did not indicate they wanted it to come from some other source. The Mayor suggested that they review the whole list before trying to decide from what revenues expenses would be derived. lb--West Orange County Hotline--$1,200. Councilman Roth questioned the figure because he was under the impression that they requested $500. Mr. Ron Rothschild stated when the representative addressed the Council, she changed the request to $100 a month; Mr. Talley added they also followed up with a communication clarifying the $1,200 figure. Councilman Roth suggested that $550 be allocated to that program; Councilman Bay suggested $600. Mayor Seymour indicated Council approval of that amount in the amount of $600. lc--Support Project TLC of the Feedback Foundation, Inc.--$2,400. Councilman Roth stated 'he believed the program to be an important one and it should not be touched at all. Councilwoman Kaywood expressed her concern over the fact that other people were very concerned that money was coming from the National Association of Senior Citizens Bingo operations~ and they were expanding the TLC Program beyond what they really could afford to do, placing them in a position of needing more if that support decreased; she questioned if they would then come to the City for more money. They were federally funded, along with County Revenue Sharing funds, in addition. 79-656 City Hall~ ..Anahei~, California - COUNCIL MINUTES - June 12~ 1979, 10:00 A.M. Councilman Roth stated that most of the money was going to the Salvation Army for rental purposes of their new kitchen facilities. The program on Brookhurst at the Senior Citizens Bingo Parlor was different from the subject request. The dollars requested were not going for food, but the majority to the Salvation Army and the rest to St~ Pau'~ ~ Church ~aheim ~]ite No. 1). Councilwoman Kaywood referred to a letter dated May 24, 1979 from TLC Feedback Foundation requesting an additional $696 to deflate costs of trash removal and utilities and thus the total request was $3,096. She was wondering whether that was due to having overextended themselves at the other location. Council- man Roth believed they were only referring to St. Paul's and the Salvation Army. Mayor Seymour stated he could look beyond the people involved and even the Bingo. He looked to the people being served and what the program was doing for senior citizens. A $3,096 investment on behalf of the City returned 50 to 100% in the services provided. Councilwoman Kaywood wanted to know if they were able to see the books to know how their money was being spent; Mr. Talley stated he was certain any allocation the City made could stipulate that condition. Mayor Seymour recommended rather than going through an audit, that they speci- fically allocate $3,096, $2,404 for rent at the Salvation Army, and the remain- der to be applied toward utilities and trash removal at St. Paul's. He indicated Council's approval of that item in the amount of $3,096. Councilman Overholt stated he also shared Councilwoman Kaywood's concern because at about the time they would consider modifying the Bingo program in the City, TLC was going to be before the Council as one of the strongest lobbyists against such action. They should be aware that if they expanded programs based upon Bingo contributions, they were "sticking their neck out" as far as he was person- ally concerned. ld through f. d) Provide for a five-person Crime Task Force--S246,093; e) provide for School Resource Officer Program with the addition of five officers--S210,300; f) appropriate matching funds of $58,782 as well as grant funds of $48,095 for a Law Enforcement Assistance Act Grant for managing criminal investigations-- $106,877. Mayor Seymour stated that he was supportive of what they asked for of the Council and what the Chief had devised. As he perceived City services among the citizenry, they were satisfied with the exception of street cleaning and repair. However, the street sweeping program was being implemented, along with repairing of streets. The other area he felt sensitivity to was relative an increase in burglaries and robberies. In trying to answer that concern, they had to demonstrate that they were prepared to spend the money and thus he supported all three requests of the Chief. Councilman Roth was totally in agreement and curtailing home burglaries was one of his top priorities. 79-657 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12, 1979, 10:00 A.M. Councilman Overholt was also in full agreement and reported that the most frequent calls he received were from people who were concerned that they were not getting the protection services they needed, and the three programs proposed would provide that. Councilman Bay stated he had no disagreement increasing funds in the Police Department, but he had gone through the capital improvement projects proposed and personnel restorations totaling some $3,200,000. In so doing, he started adding things he wanted to see while subtracting other items. He would be very concerned as to where they were going to make cutbacks in order to add the three items under discussion~ Relative to the Crime Task force, he thought this could not be implemented for a full year and, therefore, he did not believe the $246,093 figure was a proper one, nor $210,300 on the School Resources Officer Program~ He calculated $200,000 for the former and $180,000 for the latter because the programs could not be implemented quickly enough to spend that much money. Mr~ Rothschild stated that the figures presented were September 1 figures, and it was his understanding that the matter had been reviewed and the figures reduced to those indicated. Mayor Seymour indicated the Council's approval of the items in concept. lg--Initiate Sunday public service of five hours at the Central Library--$20,O00 h--Reinstate Library audio-cassette program--S5,000. Councilman Bay stated he was against initiating Sunday Library openings. He looked at library hours throughout the County as well and the only way he could go along with the request would be without any additional cost. He maintained that the Library could cut hours during the week. Relative to the audio-cassette program, once again he saw services in the Library program being reduced all over the County and there were things they had to reduce throughout the City. He did not think that the Library should be a total exception to that trend. Councilman Overholt explained that the cassette program represented an investment and the thought was to preserve and keep that current. Relative to opening Sunday, it was the result of a great deal of community expression. It seemed a shame to have the Library closed all day on one of the weekend days, without regard to what was being done elsewhere. There was an investment there, as well whether or not people were utilizing the facility. He agreed with Counci]m~n Bay that the Library should devise a way of reducing hours to make up for the hours of opening on Sunday° Even if they reduced the weekday hours, there probably would be some additional expense to open Sunday, and he did not agree that the additional expense would not be worth it. People had talked to him about the situation particularly parents who stated that students would utilize the Library for study on Saturday but Sunday it was closed. He concluded that Anaheim should not be governed by what everybody else was doing, that he would favor the reduction in weekday hours to make up for Sunday openings, and he did not think it was realistic to say it would not cost anything additional. 79-658 Cit~ Hall,. Anaheim, California - COUNCIL MINUTES - June 12, 1979, 10:00 A.M. Councilwoman Kaywood stated she had a dichotomous feeling because she was very supportive of libraries and always had been. However, the fact that they had never initiated Sunday service, to start something new with Proposition 13 would indicate there was no problem at all for expanding all kinds of services with cuts in revenue~ BalancJ~ng that a§ainst the new library in the canyon, they were looking for $1 million for a z~aw facility and $.25 million to staff it. She questioned the whole situation of Sunday openings from that basis. She did not favor starting a new service. Mayor Seymour stated he personally felt that the new library was a high priority and since the Council was committed to it and they did not know how long "bailout" money would last, he was inclined to move that entire project up one fiscal year knowing that construction could not begin until after January. He was sensitive to construction costs which by 1980-81 and then 1981-82, they might be looking at $70 a square foot, in comparison to $55 at the present time. He felt the dollars would be better invested in the new library. He would forego the $20,000 and $5,000 (items g and h) for moving up the construction of the library one fiscal year. Councilman Bay stated he would like to move the construction of Fire Station No. 8 up one year; the Mayor emphasized they were talking about priorities and if it was a question of need, he answered what they received from the Library Board reflected such a need. Councilman Overholt stated there were two separate questions involved and the question relative to the Central Library was whether or not it was going to be used. Mayor Seymour felt the rea]. question was if they wanted to expand activity in an existing facility when there was a segment of the City that had no activity at all. Councilman Overholt did not feel it was a matter of a trade-off. The issue of building a library in the hills was entirely separate. If the library staff were to look at the cost of opening Sunday and reducing hours during the week, the cost would be substantially less than $20,000. He was supportive of both issues, but maintained that they should consider Sunday opening in the Central Library on a pilot basis and on an hour-trade basis. If the Library Board felt they could not trade hours, that was something to consider. Councilman Bay was concerned over cuts that would have to be made in other projects as they changed things around. In reviewing the request from the Fire Chief on accelerating Station No. 8 by one year and the cost of that and looking at other projects, fire protection in the canyon was more important than the Library being stepped up. It was difficult to talk about one priority without talking about all priorities. Councilman Roth recalled that the Library Director stated relative to priorities, that opening on Sunday had a much lower priority. He felt that Anaheim should not necessarily be unique and have Sunday openings, and he too was not sold on the need to open five hours on Sunday. If they did so, there should be a reduction during weekdays to preclude any additional costs. 79-659 Ci__~y. Hall~ Anaheim, California - COUNCIL MINUTES - June 12~ .1979, 10:00 A.M. Mayor Seymour stated that the answer on Sunday openings was that it would be acceptable, but library hours reshuffled in order to do so. Mr~ Talley stated as Ear as staff's position, this was a Library Board recommen- dation and staff did ~ot ~u~pcrt that p~ition~. Tf they had to trade hours, the Library Director preferred not to do so although he recognized the Library Board wanted to try it. The Council should know that Mr. Griffith viewed it as bringing on more problems~ and he would rather not give up hours to have Sunday openings. He noted that on an hour-trade basis, they could not take an hour off five days a week. What they would probably have to do was take a block of time--for example, close Mondays from 9:00 to 1:00 or Friday evening. Mayor Seymour then indicated they should defer a decision relative to the matter and ask the Library Director to address the Council on the matter at the 3:00 P.M. public hearing. BUDGET ADJUSTMENTS: City Manager Talley then briefed the Council on the following budget adjustments listed as "a" through "m" in his report dated June 12, 1979, which items were either to be deleted or added to the proposed 1979-80 Resource Allocation Plan. The figures were either unavailable or have changed subsequent to preparation and submittal of the proposed budget on May 1, 1980. a) credit the Legal Administration program to reflect litigation expenses of general liability claims within the appropriate programs of other depart- ments; Expense Revenue $(133,930) b) include the Joint-city energy consumption and requirements study with General Motors Company; $ 25,000 $ 21,428 c) adjust estimated general fund property tax receipts in lieu of the Orange County Assessor's Office most recent change in assessed valuation (Until the City receives an audited tax roll from the O.C. Auditor/Controller's Office in August, 1979, property tax revenue will not be known with any assurity. It is recommended that any final adjustments be made to the R.A.P. along with the setting of the general obligation bond debt service tax rate at that time.); $(239,780) d) include both the lease payment as well as estimated revenue for the new stadium scoreboard; $ 84,600 $ 386,500 e) appropriate grant monies for the library out- reach to the Hispanic community grant; $ 46,000 $ 46,000 f) include the multi-agency commercial/recreation area transportation and circulation study; $ 80,000 $ 60,000 79-660 City Hall~ Anaheim, California - COUNCIL MINUTES - June I2, 1979, 10:00 A.M. g) appropriate revenue from Orange Unified School Expense District for Canyon High School swimming pool lighting, thus relieving park in lieu fees; $ 5,500 Revenue $ 5,500 h) adjust the John Marshall Park deve~coment project, utilizing revenue from a contribution from a private developer and from the sale of Citron Park (The project would then be removed from the "bailout" list.); $ 230,000 $ 230,000 i) include improvements to the recreation facilities at three elementary school sites (Revere, Franklin, Ross) by using revenue from the sale of Citron Park; j) adjust the Canyon Site II Park development project to include revenue from Orange County revenue sharing (This would reduce the requirement of State "bailout" monies to complete this project by the same amount.); $ 120,000 $ 50,000 $ 120,000 $ 50,000 k) reappropriate unused FY 1978/79 monies intended for executive and program management compensation into the 1979-80 fiscal year for identical purposes; and $ 75,396 i) adjust the Personnel Employment program for a mini coukputer to comply with affirmative action requirements. $ 6,625 m) Data Processing/MDS analysis, as recommended by the Blue Ribbon Budget Committee. $ 25,000 SAN ONOFRE GENERATION UNITS NO. 2 & 3: The City Manager advised that the $50,000 to be appropriated for SONGS 2 and 3 would be discussed at a later date, as previously directed by the City Council. PUBLIC UTILITIES CAPITAL IMPROVEMENT PROJECTS: City Manager Talley then referred to Item 4, "a" through ~"f", of his report and advised that the Public Utilities General Manager desired the following items reappropriated or reduced since either the project was not commenced or only partially completed in the 1978-79 budget year: a) reappropriate monies for the construction of a two million gallon reservoir at the Lenain Filtration Plant; b) rebudget funds for the procurement of cathodic protection equipment; Expense Revenue $ 647,000 $ 9,500 79-661 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12~ 1979, 10:00 A.M. c) reduce the appropriations for land acquisition and construction of Fairmont Substation, as progress to date is ahead of prior projections; d) reappropriate monies for various electrical overhead line extension projects which did not come to fruition this current fiscal year; e) recycle federal revenue sharing funds to continue street lighting improvement projects; and f) rebudget funds for the conversion of 4kV overhead circuits to 12kV circuits in Neighborhood Improvement Area IV. Expense Revenue $(215,000) $ 224,000 $ 29,525 $ 31,043 STATE PROPOSITION 13 SURPLUS SUBVENTION--BAILOUT: The City Manager then dis- cussed the Bailout funds, advising that if the City Council authorized Items "a" through "h" under Policy Decisions of his June 12, 1979 report, they would, in effect, be subtracting whatever the Council took from them, reduce the Bailout availability by approximately $594,000; credit back to Bailout funds $280,000 if John Marshall and Canyon Site II Park sites are approved; thus leaving a total of approximately $300,000 for new determinations. In conclusion Mr. Talley advised that the City Librarian and the Chief of Police would be available at the 3:00 p.m. public hearing this date with information and answers requested by the Council at this budget work session. Mayor Seymour stated, as he understood the City Manager's figures, there was approximately $2,824,069 available to prioritize certain projects. The Mayor indicated his priorities would be: Canyon Library, $495,000; Canyon Site II remainder, $60,000; Fire Station No. 8, $252,408; and the Anaheim Hills Golf Course Creek Bed Repair, $150,000; with the John Marshall Park project already resolved. Upon explanation by the City Manager, the Mayor added Anaheim Hills Golf Course Cart Path Reconstruction, $40,000. Councilwoman Kaywood indicated that with escalating construction costs and with the ongoing costs because of an inefficient operation due to the lack of a central facility, she strongly encouraged the Council to consider appropriating $1.1 million towards the construction of a new Mechanical Maintenance facility. Councilman Bay stated that with the figures the City Manager relayed to the Council this date, he estimated they were looking at approximately $2.9 million to prioritize. His priorities were: Fire Station No. 8, Crime Task Force, one- third of the garage facility cost, and cut the State College Boulevard Storm Drain in half. He believed that Peralta Canyon Park could slip one year without great impact. ~ Councilman Roth agreed with page 1 of the City Manager recommendations, with the exception of the $25,000 for the Library. His priorities were Canyon Library construction, Canyon Site II Park, Miraloma Storm Drain, and his highest priority was that of Police. 79-662 City Hall, Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 10:00 A.M. Of great concern to him, added Councilman Roth, was the $350,000 to $400,000' loss anticipated by the Anaheim Hills Golf Course this year. Since Council in the past had determined to keep the Course, it was his opinion that it was imper- ative that steps be taken t~ speed up play and attract more people to the Course in order to reduce losses. Councilman Overholt expressed the opinion that the Miller Golf Course Creek Bed Repair, $50,000 should be included, along with construction of the Canyon Library. Councilman Overholt stated that he believed the street improvements listed should be considered. City Manager Talley explained that the Street Superintendent had placed into contract status certain street improvements/repairs he believed were mandatory to accomplish and would be going to bid in July unless Council directed Obher- wise. The projects listed today were necessary projects. Mr. Talley emphasized the importance to maintain the infrastructures of the City and it does require a large investment of funds to do so. Councilman Overholt suggested that it may be wise for the Council to appropriate only a portion of the Bailout funds today and hold the remaining funds in abeyance; Mayor Seymour concurred. The City Manager pointed out that the concluding paragraph in his June 12th report suggested that should the Council not wish to make final determination of the appropriation of all of the ~ailout monies at this time, a separate capital projects fund could be established to reserve those monies for later prioritization. He cautioned that the Council should not do anything with the last $1.6 million until it is, in fact, received from the State. Ail the figures are staff's best estimate. Discussion ensued as to naming such a fund and the consensus was to name it Capital Improvement Projects Reserve Fund, however, projects other than capital improvement projects, could be funded out of that fund. After listening to concerns and opinions expressed by the Council, Mayor Seymour proposed the following initial list of expenditures to be considered at the 3:00 p.m. hearing this date: 1) Canyon Library, $495,000; 2) Canyon Site $60,000; 3) Fire Station No. 8, $252,408; 4) Anaheim Hills ~olf Course Drainage, $150,000; 5) Anaheim Hills Cart ~aths, $40,000; 6) Personnel restoration, excluding two police officers because of the new Crime Task Force, $118,000; 7) Dad Miller Course Repair, $50,000; totalling $1,165,408. Of those mentioned by the Mayor, Councilman Bay again emphasized he could not support the $½ million for the new Library and additionally the $20,000 expense listed in the Manager's report for Sunday hours at the Central Library. Councilman Overholt stated he agreed with the proposed list, but he preferred an excha~ of hours in the Library to accommodate Sunday opening on a pilot basis. ~i Councilman Roth agreed with the proposed list. 79-663 C__ity Hall, Anaheim~ California - COUNCIL MINUTES - June 12, 1979~ 10:00 A.M. Councilwoman Kaywood requested that the Public Works Executive Director be pre- sent at the 3:00 pom~ hearing to discuss what it would cost the City not to have the new garage facility. The City Manager advised all department heads would be present° Councilman Bay questioned if the the Miraloma Storm Drain is not a part of the list, would it still be built,~ City Engineer Devitt advised that it would still be constructed. On motion by Councilwoman Kaywood, seconded by Councilman Roth the City Council adjourned. MOTION CARRIED. ' Adjourned: 1: 18 P.M. LIND~ D. ROBERTS, CITY CLERK 79-66~. City .Hal.l, Anaheim, California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Willaim P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT CITY MANAGER: William T. Hopkins DATA PROCESSING DIRECTOR: Takuji Tamaru UTILITIES GENERAL MANAGER: Gordon W. Hoyt EXECUTIVE DIRECTOR, REDEVELOPMENT: Norman J. Priest RISK MANAGER: Jack Love CITY LIBRARIAN: William J. Griffith PUBLIC WORKS EXECUTIVE DIRECTOR: Thornton E. Piersall AUDIT SUPERVISOR: Young Choi PROGRAM BUDGET MANAGER: Ron Rothschild ADMINISTRATIVE AIDE: James Armstrong ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti PLANNING AIDE: Pam Lucado INVOCATION: Invocation. Mayor Seymour called the meeting to order and welcomed those in attendance to the Council meeting. Rabbi Herschel Brooks from Temple Beth Emet gave the FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: INTRODUCTION OF MISS ANAHEIM: Mrs. Fran Mauck introduced to the Council Miss Virginia Martin, Miss Anaheim of 1979. Mayor Seymour welcomed and congratulated Miss Martin on behalf of the Council and presented her with a replica of the Big "A" and roses. 119: PROCLAMATION: The following proclamation was issued by Mayor Seymour and approved by the City Council: "Honor America in Anaheim" - June 14 - July 4, 1979 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was adopted by the City Council to be presented to the Long Beach Chapter of the National Safety Council on 25 years of dedicated services, to be presented at a later date. 119: RESOLUTION OF CONGRATULATIONS: A resolution of congratulations was adopted by the City Council to be presented to Mr. Count Basie on his 75th birthday. MINUTES: Approval of minutes was deferred to the next regular meeting. 79-665 ._City Hall, Anaheim.~ California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading, in full, of all ordinances and resolutions and that consent to the Waiver of reading is hereby given by all Council Members unless, after reading of the title, specific request is made by a Council Member for the read- ing of such ordinance or resolution. Councilmsn Ro~b seconded the motion MOTION CARRIED. · FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,304,521.51, in accordance with the 1978-79 Budget, were approved. 164: TIMKEN ROAD SEWER IMPROVEMENT PROJECT: (Account No. 11-790-6325-0120) On motion by Councilwoman Kaywood, seconded by Councilman Roth, award of contract on the Timken Road Sewer Improvement Project was continued to June 19, 1979 as recommended in memorandum dated June 5, 1979 from City Engineer William Devitt. MOTION CARRIED. 175: AWARD OF CONTRACT - CONVERSION OF 4 KV LINE TO 12 KV DISTRIBUTION LINE HUD AREAS II AND III: (Account No. 25-671-6328-74410-36500-Area II, Account No. 25-671-6328-74420-36500-Area III). On motion by Councilwoman Kaywood, seconded by Councilman Overholt, a contract for the subject distribution lines was awarded to A.S. Schulman Electric Company in the amount of $44,957.38 as recommended in memorandum dated June 4, 1979 from the City Engineer. MOTION CARRIED. 158: PURCHASE OF LAND FOR SUBSTATION SITE: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the acquisition of a 1.64-acre parcel of land located on the east side of Fairmont Boulevard, south of Santa Ana Canyon Road, in the amount of $104,300, to be used as a substation site, was approved as recommended by the City Engineer in his memorandum dated June 6, 1979 MOTION CARRIED. · 160: PURCHASE OF EQ.UIPMENT - EXPANSION OF UTILITIES DEPARTMENT RADIO COMMUNI CATIONS NETWORK: On motion by Councilwoman Kaywood, seconded by Councilman Roth, the low bid of Motorola Communications and Electronics Inc. was accepted and purchase authorized in the amount of $17,901.71, including tax, as recommended by the Purchasing Agent in his memorandum dated June 5 1979 MOTION CARRIED. , · i58: IMPLEMENTATION OF THE CITY'S REBATE INCENTIVE PROGRAM: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, implementation of the City's rebate incentive program was authorized as recommended in memorandum dated June 6, 1979 from the Executive Director of Community Development, Norm Priest. MOTION CARRIED. 177: IMPLEMENTATION OF THE CITY'S DEFERRED PAYMENT HOUSING REHABILITATION LOAN PROGRAMS: Councilwoman Kaywood offered Resolution No. 79R-330 for adoption, as recommended in memorandum dated June 5, 1979 from the Executive Director of Community Development Norm Priest, authorizing the Deferred Payment Loan Program and authorizing and approving the Community Development Director to approve said loans for and on behalf of the City. Refer to Resolution Book. 79-666 ~ity Hall, Anaheim, California - COUNCIL MINUTES - June 12, 197~,~ 1:30 P.M. RESOLUTION NO. 79R-330: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DEFERRED PAYMENT LOAN PROGRAM AND AUTHORIZING AND APPROVING THE COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE SAID LOANS FOR AND ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL M_EM~ERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-330 duly passed and adopted. 174/123: YOUTH PAINT AND PICK-UP PROGRAM: Councilwoman Kaywood offered Resolution Nos. 79R-331 and 79R-332 for adoption, as recommended in memorandum dated June 6, 1979 from the Executive Director of Community Development, ap- proving agreements with both John Rush and Wallace Alexander for instructional services for the Youth Paint and Pick-up Program for the term ending June 30 1980. Refer to Resolution Book. ' RESOLUTION NO. 79R-331: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH JOHN RUSH FOR INSTRUCTIONAL SERVICES. ' RESOLUTION NO. 79R-332: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR INSTRUCTIONAL SERVICES. (WALLACE ALEXANDER) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-331 and 79R-332, both inclusive, duly passed and adopted. .123/124: CALIFORNIA MILK ADVISORY BOARD ADVERTISING: Councilwoman Kaywood offered Resolution No. 79R-333 for adoption, as recommended in memorandum dated June 5, 1979 from the General Manager, Stadium, Convention Center and Golf Courses Tom Liegler, authorizing an agreement with the California Milk Producers Advisory Board for advertising on structures at the Anaheim Convention Center, and authorizing the General Manager of the Anaheim Convention Center to execute same. Refer to Resolution Book. RESOLUTION NO. 79R-333: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION BY THE GENERAL MANAGER OF THE ANAHEIN CONVENTION CENTER OF AN AGREEMENT WITH THE CALIFORNIA MILK PRODUCERS ADVISORY BOARD FOR ADVERTISING ON STRUCTURES AT THE ANAHEIM CONVENTION CENTER. 79-667 Cit~ Hal.l, Anaheim, California - COUNCIL MINUTES - June 12~ 19~79~ 1:30 P,M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-333 duly passed and adopted. 123/175: SUPPLEMENT TO AGREEMENT WITH SPIEGEL AND McDIARMID - BILLING ARRANGE~ MENTS ON ANTI-TRUST PROCEEDINGS: Public Utilities General Manager Gordon Hoytl first clarified questions posed by Mayor Seymour relative to the subject Sup- plement to Letter Agreement dated April 14, 1978, at the conclusion of which, he indicated that in his view, the proposed supplement had a good option of saving money for the City. Councilman Overholt offered Resolution No. 79R-334 for adoption, as recommended in memorandum dated May 30, 1979 from the General Manager of Public Utilities. Refer to Resolution Book. RESOLUTION NO. 79R-334: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF A SUPPLEMENT TO THE LETTER AGREEMENT DATED APRIL 14, 1978, WITH SPIEGEL AND MC DIARMID AND AUTHORIZING AND DIRECTING THE PUBLIC UTILITIES GENERAL MANAGER TO EXECUTE SAID SUPPLEMENT (FERC DOCKETS E-777~ (II) AND E-7796) Roll Call Vote: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Res'Olution No. 79R-334 duly passed and adopted. 175: ELECTRIC RATES~ RULES AND REGULATIONS: Councilman Bay offered Resolution No. 79R-335 for adoption, as recommended in memorandum dated May 31, 1979 from the Public Utilities General Manager, amending Resolution No. 79R-292, nunc pro tunc, to correct clerical errors relating to Electric Rates, Rules and Regulations. Refer to Resolution Book. RESOLUTION NO. 79R-335: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHELM AMENDING RESOLUTION NO. 79R-292 NUNC PRO TUNC. Roll C~ll Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-335 duly passed and adopted. 79-668 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12, !979~ 1:30 P.M. 173: ORANGE COUNTY TRANSPORTATION COMMISSION'S FIVE-YEAR TRANSPORTATION IMPROVE MENT PLAN: Councilwoman Kaywood offered Resolution No. 79R-336 for adoption, as recommended in memorandum dated June 6, 1979 from the City Engineer, supporting the Orange County Transportation Commission's five-year Transportation Improve- ment Program and requesting the California Transportation Commission (C.T.C.) to support and adopt same. Refer to Resolution Book. RESOLUTION NO. 79R-336: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S TRANSPORTATION IMPROVE- MENT PROGRAM AND REQUESTING THE CALIFORNIA TRANSPORTATION COMMISSION TO SUPPORT SAME. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-336 duly passed and adopted. 123/173: COMMERCIAL/RECREATION AREA TRANSPORTATION AND CIRCULATION MANAGEMENT STuOY: City Manager William Talley briefed the Council on memorandum dated June 6, 1979 from the Planning Director and Executive Director of Public Works. He also noted that the Orange City Council should express their views on the matter so that at some later date, they would not be in a position or have a chance to say that they did not have an opportunity to become fulI participants or that they had some concerns this study could have addressed, but did not, because they did not participate. Councilman Overholt offered Resolution No. 79R-337 for adoption, as recommended in memorandum dated June 6, 1979 from the Planning Director and Executive Director of Public Works, approving the City's participation in the subject study and authorizing an agreement with O.C.T.C., OCTD and the City of Garden Grove in an amount not to exceed $20,000 local contribution. Refer to Resolution Book. RESOLUTION NO. 79R-337: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE ORANGE COUNTY TRANS- PORTATION COMMISSION, ORANGE COUNTY TRANSIT DISTRICT AND THE CITY OF GARDEN GROVE, IN CONNECTION WITH THE ANAHEIM COMMERCIAL/RECREATiON AREA TRANSPORTATION AND CIRCULATION MANAGEMENT STUDY; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. Before a vote was taken, Pam Lucado, Planning Aide, informed the Council that to her knowledge the Orange City Council had not been approached on the matter, but they had approached all Orange City staff. Councilman Overholt stated that he hoped the Orange Council would take a hard look at the situation. He knew from the meeting held with people from Garden Grove that they were excited about the study and the long-term benefits that it could mean to their community. 79-669 .City.~all~ Anaheim~ California - COUNCIL MINUTES - June 12, 1.979~ 1:30 P.M. Mayor Seymour then gave a brief background on how the need for the study invol- ved and concluded that he, too, hoped the Orange City Council would seriously consider participation in the study. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-337 duly passed and adopted. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the City of Orange would be requested to participate in the Anaheim Commercial/Recreation Area Transportation and Circulation Management Study and staff was directed tO prepare a letter for the Mayor's signature to be directed to the Mayor and City Council of Orange as suggested by Councilwoman Kaywood. MOTION CARRIED. On motion by Councilman Overholt, seconded by Councilwoman Kaywood, the Executive Director of Public Works or his designee was appointed as Project Manager of the subject study. MOTION CARRIED. 180: RENEWAL OF HELICOPTER LIABILITY INSURANCE: On motion by Councilman Roth, seconded by Councilwoman Kaywood, the offer of renewal of liability insurance, as contained in the letter from Marsh and McLennan dated June 6, 1979, for the City's helicopters and heliport was approved. MOTION CARRIED. i80: RENEWAL OF PUBLIC OFFICIALS ERRORS AND OMISSIONS LIABILITY INSURANCE: Counc~lm~n Roth moved to accept the offer of renewal of liability insurance by the Forum Insurance Company, as contained in letter from Marsh and McLennan dated June 6, 1979, for Public Officials Errors and Omissions coverage in the amount of $1,000,000 coverage only, as recommended in memorandum dated June 6, 1979 by the Risk Manager Jack Love. Councilwoman Kaywood seconded the motion. Before a vote was taken, Mayor Seymour noted that it appeared they had greater coverage in the past; Risk Manager, Jack Love, stated that was true and that in January they purchased a policy of $2,000,000 over $1,000,000 for a total of $3,000,000. Mayor Seymour noted, however, that the Council would be exposed until later in the year. Mr. Love confirmed that was correct until September 1, 1979. He anticipated obtaining the other layers of coverage in the renewal of the comprehensive general liability policy on September 1, 1979. City Manager Talley asked if they could stay at $3,000,000 and cancel the policy in 60 days. Mr. Love presumed they could do so if they paid a short-rate cancellation penalty; Mr. Talley suggested that the Council might want that information before voting. 79-670 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 12~ ,1979~ 1:30 P.M. Councilman Roth thereupon withdrew his motion and Councilwoman Kaywood her second. Later in the meeting, Mr. Talley stated that Mr. Love reported that other than the pro-rata amount, approximately $700 would be charged as a short-rate can- cellation penalty, and he recommended that they take $3,000,000. On motion by Councilwoman Kmywood, seconded by Councilman Bay, the offer of renewal of liability insurance, by the Forum Insurance Company, as contained in letter from Marsh and McLennan dated June 6, 1979, for Public Officials Errors and Omissions coverage, was accepted in the amount of $3,000,000 coverage. MOTION CARRIED. 112: SOUTHERN PACIFIC TRANSPORTATION COMPANY~ ET AL. VS. COUNTY OF ORANGE~ CITY OF ANAHEIM~ ET AL.: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, the Orange County Counsel was authorized to defend the City in the matter of the Southern Pacific Transportation Company, et al. vs. County of Orange, City of Anaheim, et al, relating to recovery of property taxes based on alleged erroneous assessments. MOTION CARRIED. 163: POTENTIAL CLOSURE OF SAVANNA HIGH SCHOOL: Mayor Seymour stated that the subject matter had caused the Council some concern and a great deal of personal concern to him. He wanted to take the opportunity to represent to the public certain facts as he best understood them. He explained that the issue was so volatile that the Mayor's Hotline call station ran out of tape due to the over- flow of calls received. People were most concerned with threatened closure since no parent favored the idea of having their children change schools. There was apparently a misunderstanding on the part of many citizens because some of the calls suggested that the City Council might be in a position to do something about the closure of the school. However, neither the Council, Mayor, nor City Management had any authority whatsoever over the School District and specifically the elected officals of the High School District Board. Legally, there was nothing the City could do. However, they did have the responsibility individually to speak with members of the School Board to express their views. Secondly, an allegation had been made by someone who was either misinformed or who wanted to stir citizen unrest. They were telling an untruth whereby the Council or City Management had some type of secret negotiations or open nego- tiations with the Los Angeles Rams for using Savanna High School as a potential training site or for any other activity having to do with the Rams. He could only say unequivocably, totally, and completely that absolutely nothing could be farther from the truth. The City committed itself to the Rams on a long- term lease and a one-half million dollar expenditure on the Low School, and there were no conditions which he could imagine wherein the Rams or the City would be interested in Savanna High School or anything having to do with the Rams. He asked if the City Manager or any member of the 8ouncil had any information that discussion had taken place on the subject, that they make it public and do so now. As well, some of the Hotline calls suggested they were interested in taking over Savanna for purposes of a golf course. He had not had and he did not believe any Council Member had any conversation with any member of the School Board, school management or staff on that particular subject. He had heard and shared conversations with Tom Liegler to the degree 79-671 City ~al.l~ Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. that if something were to happen to Savanna, if a portion of the parking lot were excess, they could possibly utilize that space, but in no way could they use the entire facility. That was not to be confused with the use of the school. To have that misconstrued into some "under the table plot" that the Council or the administration was involved in Frying to acquire Savanna High School, was totally ridiculous. Councilman Roth stated that the public should be aware that the duly elected School Board authorized a citizens committee to study the whole population decrease and decreased school attendance, with a subsequent recommendation to the School Board. Thus, the City had not been involved with anything, including the citizens committee which was appointed by the School Board. Councilwoman Kaywood stated that all she knew of the matter was what she had read in the newspaper, except that a citizens committee had been appointed to make the study as Councilman Roth expressed to consider proposed closures of Savanna, Magnolia and Western High Schools. She could not believe some of the calls they had had been receiving. As well, many were caller unknown, or no address, and she did not know how they could respond. Councilman Overholt stated he had received a telephone call from a Mr. Ovid Larr, and he had attempted to reach other members of the Council as well. He was concerned about the Savanna closure and advised that there was to be a rally at Savanna at 5~:00 P.M. It would proceed to the chambers of the Anaheim Union High Schoool District (AUHSD) Board of Trustees and that the City should be involved in helping with the rally. He explained to Mr. Larr that as Council Members, they had to wear many hats and as parents they had their own opinions about things. As a City Councilman, what went on in the School District was up to the Trustees and he, therefore, suggested to Mr. Larr that it would be inappropriate for him as a Councilman to get involved in that activity. He also suggested the only service he could perform was to advise the Police Department of the fact that there was a group forming at 5:00 P.M. so that everybody's rights would be observed, and no one would get hurt. He knew of nothing in the way of plans with reference to Savanna High School as far as the City was concerned. Mayor Seymour asked City Manager Talley if he had anything to add relative to any knowledge of any member of staff being involved with Savanna High School and the Rams. Mr. Talley stated the only knowledge he might remotely have would be that the golfing public had constantly looked at the parking area at Savanna and men- tioned to Mr. Liegler on a number of occasions if there were some way they could have joint use of that parking area. As the Council was aware, they had made substantial investments in the Golf Course Driving Range and in the current budget were anticipating substantial outlays for cart and creek renovation, and he had been instructed to enter into substantial negotiations for improvement of the concession stand at the Course. He did not know how they could expand into Savanna and use it. 79-672 City Ha~l~ Anahe~ California -COUNCIL MINUTES - June~ 12, 1979, 1:30 P.M. The Mayor asked for confirmation that Mr. Taliey did not have a hidden agenda to utilize the facilities of Savanna High School, other than the fact that additional parking was needed, and the City might want to share that either with the school or anybody else. Mr. Talley stated he oaiieved it would be a beneficial use, but did not see how it would affect the operation of the high school itself. The Mayor stated he was in the process of preparing a letter of response to each and everyone of the telephone calls received to try to clear the air. He could understand how such a situation could occur, but felt it incumbent upon them to clarify the matter and they had done so. 175: REQUEST FOR WATER AND SEWER SERVICES FOR A CONDOMINIUM PROJECT IN BUENA PARK: Request by Kennedy and Hause, Builders and Developers, for water and sewer services from the City of Anaheim for a 76-unit condominium to be devel- oped in the City of Buena Park on the south side of La Palma Avenue, west of Magnolia Avenue, was submitted. Miss Santalahti, Assistant Director for Zoning, explained that following pre- paration of the staff report, the builders modified their request and were now asking that only water service be provided by Anaheim. The report was written with the intent that they wanted two services out of three utilities. Under those conditions, staff felt strongly the property should be annexed to the City. In view of the modified request, they did not feel as strongly. Mr. J~ E. VanDell, VanDell and Associates, Civil Engineers and Land Planners, Irvine, presented a diagram of the property involved. The question was posed to them asking if it was feasible for affordable housing and in response, they met with Buena Park and developed some tentative plans. Subsequently met with the Anaheim Planning staff who indicated the plan did not exactly conform to the City's zoning regulations. They would have no stringent opposition to the project, subject to the feelings of the local residents. They met with the residents who had some objections. They subsequently changed their designs and. went back to the residents who were furnished with a copy of the minutes of the Buena Park Council meeting wherein residents of Buena Park did support the proposal. In essence they had made peace with the residents adjoining the property. Mr~ VanDell then elaborated upon the results of the engineering studies which revealed sewer and water problems, thus necessitating their request for the services from Anaheim, although now it was for water only. In summation, Mr. VanDell stated the request was, (1) a logical solution to the water problem and fire protection was for the benefit of both cities, (2) keeping the cost of the project lower would be a benefit as well, relative to providing affor- dable housing, and they did not want to see any additional costs to the project. Councilwoman Kaywood then posed questions to Mr. VanDell relative to the sewer service and why they were no longer requesting it. As well, she noted the size of the proposed units, the density of the project not being in line with Anaheim's standards, and a parking problem. She had a number of concerns with the project and would not be able to support it. She asked Mr. VanDell if he had considered annexing the property to Anaheim. 79-673 City Ha.ll~ Anaheim, California - COUNCIL MINUTES - June 12~ 19.79, 1:30 P.M. Mr. VanDell answered that such a move was considered. The site was zoned industrial, and the owners requested that it be rezoned to residential to bring it into line with what Anaheim would like to see as zoning on the property. Relative to the annexation from Buena Park, when they talked to staff of Buena Park, they were opposed, because it would probably have to involve Sears or the Edison Company, and they did not want to lore that tax base. Councilwoman Kaywood pointed out that Anaheim required a 150-foot setback between residential and two story units, and theirs was only a 50-foot set- back. Mr. VanDell stated that the two-story building had no openings facing residential and that had been a concern of the residents. They had accepted the change in design. He also believed that a variance for that specific requirement had been granted in Anaheim. Further discussion followed upon Mayor Seymour's inquiry as to whether or not they had evidence of support of the neighborhood. Mr. VanDell explained that excerpts of the minutes of the meetings in Buena Park were available. He also had a list of the people who attended the meetings and those were the people who then responded to the Council. He also did not know whether they were homeowners or renters of property. Mayor Seymour stated he was not certain that was an expression that the neigh- borhood approved. The project would not hamper the City's interest north of La Palma Avenue, and thus he was inclined to go along with the request. How- ever, he noted that Anaheim was impacted to the east and to the south of the subject property, and he was sensitive to those neighborhoods. Mr. VanDell stated they met twice with the residents although he did not have a signed petition in support. Councilman Bay also posed additional questions to Mr. VanDell relative to the project and in concluding, asked the price range of the units; a gentleman from the audience indicated that $65,000 to $70,000 was the projected price at present. Councilman Roth stated he was extremely interested in affordable housing and asked for clarification as to what the developer meant by affordable housing. Mr. VanDell stated that a number of opportunities for affordable housing were in fill areas that had been vacant for many years; Councilman Roth stated he did not want to see in five or six months that the price was $110,000 and up. Councilman Bay then asked if anyone from the Anaheim side on Greenbrier Street bordering the development complained about the two-story height within 50 feet of their homes. Ms. Marie Gillman, VanDell and Associates stated in the meetings held with the citizens, the citizens felt that certain things should be done relative to placement of garages along the back property line and rearrangement of the 79-674 q.ity Hall~ Anaheim, California - COUNCIL MINUTES - June. 12~ 1979~ 1:30 P.M. windows was more than adequate to assure their privacy. Ail the minutes reflected that only a few people spoke, there were quite a number of people in attendance in full support of the project after they had worked with them. Councilman Bay suggested a ona week's continusnce io order ~or the developers to contact the Anaheim citizens adjacent to the project for their reaction. Mayor Seymour stated that the majority of the Council was indicating if the neighborhood supported the project as proposed, they would also be inclined to support it, provided they could also come to an understanding that it would be affordable housing. He felt as strongly as Councilman Roht that if they were going to tell the Council today tbat the cost would be $65,000 to $70,000 and then they advertised $85,000 to $90,000~ they would have misled the Council. Therefore, they needed some type of assurance on that subject, and given that assurance, as well as the assurance that the neighbors were happy, he was inclined to think there would be three votes in support. Councilwoman Kaywood added that after a long study, the City's Planning Commission had just presented a 3,000-square foot minimum site for condominiums and the proposed project was down to 2.457 with a much higher density. Anaheim allowed 14.8 units per acre and the project was 17.8. Her big concern was that a precedent was being set, and with the ordinance still new, consideration was being given to granting an exception. The Mayor emphasized that the Council was going to have to come to grips with the situation and if they believed in affordable housing, they were going to have to look at new innovative ways of providing it. They could decrease density and increase parking requirements, but then they could not say they supported affordable housing. There was no way to do so without subsidizing. Councilwoman Kaywood requested that when gathering the Anaheim neighbors' com- ments, she would also like to know whether they were homeowners or renters. Councilman Overholt stated the problem he had with the list of names, was that it appeared these people attended the meeting, but it did not indicate whether they were for or against, and he suggested that the developer submit names in the form of a petition of expressed approval by those residents. He did not know whether that could be accomplished in one week, but he was in support of the continuance as well. On motion by Councilman Bay, seconded by Councilman Roth, consideration of the subject request was continued for one week in order for the developer to submit a petition containing signatures of Anaheim residents indicating their expressed approval of the project. MOTION CARRIED. 159: ALLEGATIONS RELATING TO THE PUBLIC WORKS DEPARTMENT: Request by Mr. Steven A. Silverstein to address the Council on a matter relating to the Public Works Department and the City Attorney's office, was submitted. City Attorney William Hopkins first advised the Council that an arbitration case was pending in the matter of a Mr. Jeffrey Silverstein employed by the Anaheim Public Works Department. He recommended that the Council make no 79-675 City Hall, Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. comm~ent on matters relating to the arbitration case in Mr. Jeffrey Silverstein's matter. He also wanted to ask Mr. Steven Silverstein, Attorney, if he would be willing to make his statement under oath because of the nature of the matter. Mr. Steven Silversteim~ Attorney, 730 North Euclid, first stated that today there was a claim made against the City in the amount of $1,000,000 which also put them in a plaintiff/defendant situation. The City Attorney and his office were named as the defendant in that action and, therefore, if the Council was going to be receiving any advice or recommendations with regard to anything he had to say, he asked that the City Attorney disqualify himself. Mayor Seymour interjected and stated that the Council should first be polled on the matter. The Council had received a request from Mr. Silverstein to appear to divulge certain information and allegations and they decided that they would do so. Since that communication he (Silverstein) had now informed them that he lodged a $1,000,000 lawsuit against the City. If that were true, and he assumed it was, perhaps the Council would want to reconsider whether or not to hear anything today if, in fact, he had decided unilaterally to already take the matter to court. Mr. Silverstein answered the lawsuit that was filed and the arbitration claim that was made were all part and parcel of the incidents he wanted to talk to the Council about. However, the matters he discovered in his investigation of the lawsuit and arbitration were matters that would probably be handled by Grand Juries in some cases and in other cases by independent investigative Government agencies, because it involved corruption within the City. The Mayor again stated that he wanted to poll the Council since they had no knowledge that he had Just filed a lawsuit against the City. They looked upon him as they would any citizen petitioning their Council on a matter they felt should be public, and the Council was supportive of that. If there was a pending lawsuit and what he was going to divulge now was information that may be part of that lawsuit, he would ask the Council to determine whether or not they wanted to hear the matter. Councilman Overholt asked if the Summons and the Complaint had been served. Mr. Silverstein answered that no Summons and Complaint had been served and that a claim had to be made against the public entity prior to the filing of a Complaint. A suit had not been filed and the claim was mailed today so it would not have been received by the City. Mayor Seymour stated that he looked to Councilman Overholt and the City Attorney for some guidance in the matter. He stated again for Mr. Sitverstein and for the purpose of the public and the press that the Council received a request to bring a matter to the Council that had some serious allegations attached to it and it also involved a City employee's arbitration. The Council's feeling was that relative to the arbitration, they were not going to turn the Chamber into a public hearing forum on arbitration. On the other hand, if any citizen had information they felt they should bring to the Council, the Council wanted to hear it, good, bad or indifferent. Now, however, the whole nature of the situation changed when Mr. Silverstein suggested that a $1,000,000 lawsuit had been filed. 79-676 City Ha~l~ Anaheim~ California - CpUNCIL MINUTES - J~ne 12., 1979~ 1:'30 P.M. Mr. Silverstein answered that the law suit was basically on the same grounds as the arbitration; the Mayor pointed out that he (Silverstein) stated at the podium that part of the $1,000,000 lawsuit included information relative to what he termed, "corrupt practices". Mr. Silverstein answered that the Mayor misunderstood what he said, or otherwise he did not make himself clear. In the course of his investigation of the law- suit and arbitration, he discovered information about City employees. That information would not be included in the lawsuit. The suit was for false arrest, false imprisonment and violation of civil rights. The background information they were going to hear would be introduced as background information only if the matter proceeded to a jury° If the Mayor and Council did not want to hear about practices going on within the City, that was fine with him. He came because he was concerned. The Mayor reminded Mr. Silverstein if the Council did not want to hear him, he would not be present today. They had a need to know if Mr. Silverstein was subsequently going to turn around and sue the City on information he wanted to present today. City Attorney Hopkins stated that the City Clerk reported that she had not received any claim against the City, and no service had been received. Councilman Overholt asked Mr. Silverstein if the facts he was about ready to allege were facts to be determined in the lawsuit he intended to file. Mr~ Silverstein answered they would not be facts that would have to be proven in the lawsuit in order for the lawsuit to be successful. They were per- ipheral facts that would obviously be revealed, but they were not the basis for the lawsuit. Councilman Overholt than asked if the evidence to be offered in the lawsuit would tend to support the facts he was about ready to allege. Mr. Silverstein answered it possibly could be and it probably would be introduced by the attorneys for the City. Councilman Overholt then asked if there would not be duplicity in something that he would present in the lawsuit or something that would be presented in the lawsuit by the City. Mr. Silverstein reiterated his lawsuit concerned arrest and false imprisonment. The issue of fact would be whether his defendant had done those things and there might be some crossover; however, the touchstone of the lawsuit was not the acts he was going t¢ relate to the City, and a number of acts had absolutely nothing to do with the lawsuit. Councilman Overholt asked if he could limit himself to alleged facts that had nothing to do with the lawsuit. 79-677 ~ty Hall, Anaheim, California - COUNCIL MINUTES - June 12~ 1979, 1:30 P.M. Mr. Silverstein stated the problem they were going to have in order to bring the facts forward was the Council was going to have to hear the whole story, rather than facts in isolation. There may be portions that would be part of the lawsuit. If the claim was denied, which he anticipated it would be, and he filed his lawsuit, the information would b~i~ oar,~ of the public record and, therefore, exposed not only to the Council, but also to all of the people in the Chamber, as well as anybody who cared to pull that public record. Thus, he did not know how hearing what he intended to allege in a complaint would in any way prejudice the Council or in any way reveal something that they were not going to hear in any event. Councilman Overholt contended, except to try the case in the press. Mr. Silverstein answered, if he wished to do so, he would have called a press conference in his office. He came to let the City clean its own house. Mr. Robert Schwartze, Attorney in Newport Beach, stated depending upon Mr. Silverstein's statements, he might wish to make a response to those statements. He represented Mr. John Roche, an employee of the City of Anaheim in his individual c~pacity. Councilman Overholt stated he, for one, was not going to participate in any k~nd of presentation. He felt they were trying a case in the Council Chamber, and he did not think it appropriate relative to innocent parties, including Mr. Silverstein's client, and that was why they had lawsuits. If Mr. Silverstein had complaints against the City, he had a great deal of recourse. Mr. Silverstein answered that he would think that Councilman Overholt, as an attorney, would grant him the same courtesy that he (Silverstein) would grant to him. He was not going to discuss any allegations against his client. He was telling them that there were corrupt practices being engaged in the City, and had been engaged in for some time, and there were people in the City who had evidence and would come forward to the Council. MOTION: Councilman Seymour moved to grant Mr. Silverstein 10 minutes to speak to the issue and Mr. Schwartze three minutes to make his presentation. Council- man Bay seconded the motion. Before a vote was taken, Councilwoman Kaywood stated she was prepared to hear Mr. Silverstein until he reported that a claim was filed today, and she was concerned that any response the Council made could jeopardize the situation. The Mayor stated that he did not intend to respond to any allegations today, other than to direct the City Manager and the City Attorney to investigate the allegations. That would be his only action. Councilwoman Kaywood was of the opinion that it could best be accomplished in a letter. Councilman Overholt stated he would support the motion, but he, too, would not make any comment whatsoever. He still believed the action to be totally inappropriate because they were in essence trying a lawsuit at this stage with two attorneys, but he would listen to the presentation. 79-678 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. Mayor Seymour stated he made the motion in a spirit of openness and so that neither Mr. Silverstein~ Mr~ Scbwartze, nor any citizen, could point a finger at the Council and accuse them of a cover-up, although he did not think they had anything to cover up to begin with. A vote was taken on the foregoing motion. MOTION CARRIED. City Attorney Hopkins asked the Mayor if he wished the Council to request that Mr. Silverstein be sworn. The Mayor asked Mr. Silverstein if wanted to be sworn in and if he was willing to be sworn in. Mr. Silverstein answered "no", and he would be willing only if the City Attorney would also testify and be sworn. Mayor Seymour stated, not testify; Mr. Silverstein then wanted to know why he would be sworn in if he was not testifying. The Mayor asked if he was refusing to be sworn in; Mr. Silverstein reiterated he would be sworn in only if the City Attorney would stand and be sworn and make his comments and responses. Mr. Hopkins indicated it was only a request; Mr. Silverstein denied the request. Mayor Seymour stated that the record should show that Mr. Silverstein refused to be sworn in; Mr. Silverstein asked that the record also clearly reflect that he asked the City Attorney to be sworn in, and there was no response to that question. Mr. Silverstein reported that in approximately late March 1979, there was an incident which was the background incident that Council must hear in its briefest form in order to understand the involvement. Three people were involved, two laborers, one of whom was a Supervisor or actually a Cement Finisher in charge of a cement crew, one of the laborers being his brother, and that was how he was involved. They we~t out to perform a Job on other than City property--a private residence in Buena Park. Subsequently, the Supervisor caught two of' the laborers, neither of whom were his clients, and those laborers were forced to either quit or were fired, dependent on whose version of the facts were heard. Ail three were eventually fired. The City, acting through Mr. Roche, and Mr. Murtha and through Detective Churchill filed criminal charges of grand theft, in that the employees were using their time and City equipment for private gain. At that point, he became involved and the charges against his client were dismissed. A probation violation was brought relative to previous trouble he had been in on another matter, but nothing was done, and walked away unscathed from the incident. One of the other employees pleaded guilty to trespass and the party who was in charge pleaded guilty to petty theft. In preparing his defense of the matter, he talked to a number of people in the City. In excess of 20 people were interviewed at one time or another, either by himself or his associates, investigators that were retained, and various other sources that they had. They discovered that in the Public Works Depart- ment, or the Division over which Mr. Roche had charge, that the incident was not isolated but a common practice. They found out that there were two lead men in that department, Vince Guiterre and Jerry Moreno who were the ones 79-679 ~ity Hall, Anaheim~ California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. who told other employees where to go. There were City employees who had stated if they could come forward and speak their piece and not feel the wrath of their superiors, they would come forward and confirm certain information to the Council. One employee would come forward and state that he caught one of those lead men stealing a saw blade and further state that he presented that information to Mr. Roche, and to the best of his knowledge, absolutely nothing was done. Another employee of the City would come forward and state that Mr. Guiterre was caught with a City of Anaheim dump truck with cement in it and dumping that cement on to private property on a job for private gain. That information was reported to Mr. Roche and no criminal charges were filed and no dismissal made. There were a number of other individuals who were either employees of the City at present or past employees who would state that they had been told on a number of occasions to "get lost", because there was nothing for them to do that day or that afternoon, and with the full consent of superiors in the Department. There were other employees currently employed or who had left the employ of the City who would state that they had done side jobs, not for the City, but using City equipment and City material with the full knowledge, consent and under the instruction of the lead men. They would further state when they reported those instances to Mr. Roche, that not only was nothing done, but also it became difficult for them to maintain their positions because there was tre- mendous pressure put on them, and they were given rather bad jobs. He understood from his confidential informants that the Finance Department of the City was undertaking an investigation, since the matter arose, of certain practices wherein it was discovered that there were a number of invoices for cement that were paid for where there were no supporting purchase orders. They had someone who would testify that they saw City equipment, on City time, City property using City employees putting a permanent trailer hitch onto Mr. Roche's truck and they would state that under oath. This was the same man who swore out the complaint to the Police Department to have those other employees arrested. They had other employees who had information they would like to give to the City Council or to independent investigators about Mr. Roche's avocado farm. They had further information that there were rules within that Department to have valid California drivers licenses and that certain people asked for transfers into that Department, but had been turned down because they did not have valid California licenses. However, they did know that there were at least two female employees in that Department who were transferred from Mr. Roche's previous job who did not have valid California licenses, and the'reason one was transferred was to drive the other one around. ' There were instances of misuse of trailers on the Anaheim Stadium parking lot, of beer drinking and other practices being engaged in there by supervisory personnel. The reason he was before the Council was due to the fact that the foregoing information was presented to Mr. Roche in the presence of the City Attorney and nothing was done. It was also presented to Mr. Roche's supervisor in 79-680 City Ha.ll~ Anaheim, California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. the presence of the City Attorney and nothing was done. He questioned if the Council knew about those instances and knowing the reputation of the Council Members, he was certain that they did not know about them. He asked that the Council investigate the matter with City employees. If the Council wished City Attorne~ ~i~kins tc investig te thc m'~?~ar, a'~f he would do it on his own and not delegate it to any of his subordinates, he would have no objection and would be in favor of that action. He would have gone to the City Manager, but was instructed by the City Attorney that he could not talk to the City Manager or any other managerial employees considering the pending arbi- tration suit in progress. He would have to talk to the City Attorney first to get permission because there were certain canons of ethics and the City had authorized him (Hopkins) to proceed against him should he do that. He did not want to bring a lawsuit against Anaheim and even though they had been severely injured and there was a false arrest, they wanted to see justice done. If they put things back to where they were and the City conducted a full and open investigation of the charges he made and the further charges laid, they would dismiss the claim and not file a lawsuit. They were seeking to have things corrected and to have the City clean its own house. Mro Robert Schwartze, attorney, 4299 MacArthur Boulevard, Suite 200, Newport Beach, stated he had just recently been retained to represent Mr. John Roche concerning the statements and allegations just made by Mr. Silverstein. His response was solely on behalf of Mr. Roche and directed only towards those allegations and statements made either expressly or by innuendo involving Mr. Roche. He pointed out that Mr. Silverstein had chosen a convenient forum to come in and make the statements and allegations. In any City Council proceeding absolute immunity was given and Mr. Silverstein could make such statements and allegations as much as he desired, knowing they were false, regardless of any facutal basis to support the allegations. The immunity was further extended despite any malice on the part of Mr. Silverstein and despite any intention on his part to make a false statement. Secondly, because of the arbitration pending concerning a grievance involving Mr. Silverstein's brother, both he <Schwartze) and his client were severely restricted in discussing the facts of the underlying incident. They had already been told that Mr. Silverstein's brother was discharged by the City and that it was now in grievance. Because Mr. Roche was going to be a material witness in arbitration, the underlying facts could not be discussed on instruction from the City Attorney's office and until such time as the grievance had been concluded. Basically, Mr. Silverstein's brother was terminated by the City when he was involved in an incident wherein City equipment, which consisted of two dump trucks, an air compressor, a jack hammer and skiploader were being used to excavate the driveway of a private homeowner in Buena Park for compensation. Stage 1 and Stage 2 grievance proceedings had been held, and termination of Mr. Silverstein's brother was held to be proper. Regarding the statements, allegations and innuendos made by Mr. Silverstein toward Mr. Roche, each and every allegation of wrongdoing on the part of Mr. Roche was specifically and unequivocably denied. In closing, Mr. Schwartze added a personal thought relative to the situation that Mr. Silverstein found himself in, because of the conduct of his brother. Not only was he faced with the normal problems of an attorney-client relationship, 79-681 .City Hall~ Anaheim, California - COUNCIL MINUTES - June 12, .1979~ 1:30 P.M. but also he had a deep emotional involvement in the problem because he was representing a close family member. His brother had placed him in several other difficult situations in the past, according to information from the Orange County Superior Court files. One situation involved Mr. Silverstein's being charged and convicted of a fe].ony involving pc~ess!on of dangerous drugs; another involved his brother being charged with coranitting a felony burglary wherein he subsequently admitted that he aided another person who had knowingly committed a burglary with the intent to assist the burglar in avoiding arrest. A more recent example involved Mr. Silverstein's brother being found to be in violation of probation on which he had been previously placed by the Orange County Superior Court. That violation was found to be for the same conduct for which Mr. Silverstein's brother was terminated by the City. Based on those circumstances, he sympathized with the position that Mr. Silverstein's brother had placed him in; however, he did not condone his action in launching a personal attack against his client, Mr. Roche, without any basis therefor. RECESS - EXECUTIVE SESSION: Councilman Seymour moved to recess into Executive Session. Councilman Overholt seconded the motion. MOTION CARRIED. (3:14 P.M.) AFTER RECESS: Mayor Seymour called the meeting to order, all Council Members being present. (3:20 P.M.) MOTION: Councilman Seymour moved that upon receipt of specific and written allegations including names, dates and times by Mr. Silverstein or any other person, the City Manager, as an individual, and the City Attorney, as an individual, would then jointly conduct an investigation. In the process of his investigation, the City Manager would grant amnesty to any City employee coming forward with facts. The investigation would not proceed unless specific and written charges and allegations were brought forward. Councilman Overholt seconded the motion MOTION CARRIED. · A verbatim transcript of the foregoing proceedings is on file in the City Clerk's office. CONTINUED PUBLIC HEARING - 1979-80 RESOURCE ALLOCATION PLAN (BUDGET): (Continued from May 22, 29, and June 5, 1979) At the outset, Mayor Seymour explained that he would have to leave the meeting to attend an important event (family graduation) that he could not miss which was starting at 4:00 P.M. After a brief discussion, the Council decided to proceed with consideration of the Budget and, if neces- sary, to recess when the Mayor left, until 5:30 when he could return to the meeting. City Manager Talley, continuing from the morning's Budget Work Session, had sent to the Council on the date of June 12, 1979 a tentative prioritization of the "bailout" funds. The matters broached were: moving the canyon branch library up one year, finishing the canyon Site II development, advancing Fire Station No. 8, three golf course projects and five personnel restorations amounting to $1,165,808. In addition, on Page 1 of the Resource Allocation Plan, approx- imately $60,000 in savings was made in projects 4 and 5, the Crime Task Force and School Resource Officer, since those programs were starting on September 1, 1979. The total of the projects listed (see tentative prioritization "bailout" list--Items 1 through 8 from June 12, 1979 communique) was $461,478. The total of the two lists amounted to $1,627,286. 79-682 City Hal.l, Anaheim, California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. City Attorney Hopkins pointed out that under Item 2a (page 2, June 12, 1979, subject: ~Y 1979-80 Resource Allocation Plan), it stated, "credit the general counsel program to reflect litigation expenses of general liability claims within the appropriate programs of other departments". He explained that the words, general ccu~el, were in er~'~~ and sho~]~ be Le?~l Administration, Program 121. Councilman Overholt asked the City Librarian, Mr. Griffith, if the Council were to approve the recommendation of the Library Board to have the Library open five hours on Sundays (see discussion this date that took place at the Work Session) on the condition that those five hours would be deleted from the present schedule during the rest of the week, would that involve an additional cost or an even trade. Mr. William Griffith explained that they would have to close a whole afternoon or half day or some quantum of time, as opposed to closing on a pattern of one hour per day, and there might be a budgetary impact. If they closed all the branches and the main Library on Friday evening from 6:00 to 9:00, it would about equal or offset the cost of the Sunday opening of the Central Library. He knew of no other problems that would be created but the situation would have to be worked out. Councilwoman Kaywood asked if the Sunday opening, even as a pilot project, would be worth the trade-off when talking about closing all branches on FFiday night. Mro Griffith stated that was difficult to answer since they were working a known against a hypothetical situation. His inclination would be to refer the matter to a policy group, such as the Library Board, so that they could make a choice. Councilwoman Kaywood noted that school children at different locations could walk or bicycle to the branches near their homes, whereas they would have to travel to the Central Library on Sundays. She asked Mr. Griffith if given a choice of Sunday openings compared to the building of the canyon library, what his choice would be. Mr. Griffith answered, in terms of serving the canyon residents, the construction of the facility would be more important, but in terms of the rest of the community, that would not necessarily be so. Councilman Overholt asked Mr. Griffith if he would give his no-holds professional opinion as to the worthiness of the Sunday opening in terms of potential use. Mr. Griffith answered that he felt it was very worthwhile and the Library could be utilized only when the facility was open and available for use by the public. Sunday was a gap and in terms of the lifestyle of California, he believed it would be a useful thing if the Library were open on Sundays, and very helpful to the public. Councilman Bay asked if the canyon branch library were accelerated one year, could the library spend $495,000 more during the 1979-80 period. 79-683 City Hall; Anaheim, California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. Mr. Griffith stated even if they could start on the project in 1980, it was unlikely that amount would be spent, considering the fact that plans for the building would take about seven months followed by a bid period. Councilwoman Kaywood asked the Executive Director of Public Works, Thornton Piersall, what effect moving up the Public Works garage facility or setting it back still another year or longer would have. Mr. Piersall answered that although he did not have a dollar and cents report, he had a copy of the Arthur Young report prepared in 1976 which emphasized the need for that facility. They were still investigating the possibility of a lease- back arrangement as previously suggested by the Council. The new facility would bring about a more efficient and economical operation with the ability to repair equipment faster with more productivity. Mr. Piersall also elaborated upon a number of other projects, in answer to questioning by the Mayor, Council- woman Kaywood and Councilman Bay. There were no additional questions posed to Department Heads. The Mayor asked if any member of the public wished to be heard relative to any aspect of the proposed Resource Allocation Plan; there being no response, he closed the public hearing. City Manager Talley then stated that he believed the Council agreed on the list presented and that from the bailout list, Items 2 through 7 seemed to repre- sent all the Council's wishes. Relative to moving the canyon branch library up one year, if Council wished, that could be prepared by August 1, 1979 to bring in a time phase plan on the library. They could present the architec- tural plan and indicate exactly when the disbursements would be made with the anticipation they would move the library up as far into the 1979-80 Budget as possible. Perhaps the best they could do would be $200,000, instead of $495,000. On Items 1 through 8 of the communication submitted today, only one would be opened if they wanted to approve the $5,000 for the Library audio-cassette pro- gram. It seemed that the Sunday hours at the Library was still a matter of discussion and that there were at least three Council Members who felt that $20,000 should not be added to the Budget. If the Council deemed it appropriate, they could make a determination on the audio-cassette program and then direct staff to incorporate the remainder, which would approximate $1,100,000 plus, in the programs and set the balance of the current money received for bailout, the projected amount for next year, and the land sale into the Capital Improvement Reserve Fund and bring that information back to the Council when two things had occurred: (1) when the Library was firmly scoped, and (2) the State acted and they had an exact amount of bailout funds. At that time, all of the priority projects could be resubmitted to the Council for consideration because no definite funding was available at this time for anything beyond $1,590,000. The foregoing would incorporate all of the policy decisions requested and all of the adjustments. Other items that had either been addressed by the Council or which represented both revenues and expenses on the Budget adjustment were the San Onofre Generation Units 2 and 3 which were eliminated and the Public Utilities Capital Improvement Projects which could all be handled by rebudgeting reduction, or reappropriated monies. , 79-684 ~ity ~all, Anaheim, California - COUNCIL MINUTES - June 12, 1979, 1:30 P.M. Mayor Seymour stated that he, for one, could accept the recommendation. What they would be doing was moving the canyon branch library out into a "limbo" status to be included with consideration of other program adjustments and/or capital improvement decision until approximately August 1, 1979. On the other hand, they would s£t p~iorities and a]'~-~te f~nd? ~'r tb 'emaining items on the tentative prioritization of bailout funds. He also stated in answer to Councilwoman Kaywood~s query that the garage facility would also be one of the items to be considered at that time. After a brief Council discussion, it was determined that the $5,000 library audio-cassette program would be included in the budget with the Sunday openings to be deferred. MOTION: Councilman Seymour moved to approve the prioritization of "bailout" funds, Items 2 through 7, and policy decision, Items 1 through 6 and Item 8, as outlined in list dated June 12, 1979 entitled, "Tentative Prioritization of Bailout and Allocation of Funds Therefor". Councilman Roth seconded the motion. MOTION CARRIED. Mayor Seymour then indicated that they would now consider Department Head increases and then move to consider the entire Budget. City Manager Talley stated it gave him a great deal of pleasure and sense of accomplishment to bring to the Council's attention the matter of Executive Management compensation. Under the annual MBO review process, each of the Department Heads was evaluated; Program Managers were previously compensated. During the month of May, he again reviewed the MBO statements, the current year's progress and plans for 1979-80 representing an approximate 20-month evaluation° The cost of living had increased over 14% since any additional compensation was paid. He was proposing that the Council consider for approval granting management increases that would include those for the period October 1977 through October 1978 that would normally have been granted during October 1978 and for the October 1978 through 1979, that would normally have been granted this October. Thus, he would not be evaluating management compensation until October 1980~ Mr~ Talley proposed the following increases and in so doing elaborated upon the accomplishments of the particular depart- ment head, all proposed to be effective July 6, 1979, with the exception of the new Police Chief, which increase was scheduled to be effective October 12, 1979: Gordon Hoyt, Public Utilities General Manager, 11%; Tom Liegler, Convention Center~ S~adium and Golf Co~rses General Manager, 11%; Thornton Piersall, Executive Director of Public Works, 13%; William Hopkins, Assistant City Manager, 12.5%; Norm Prie~t~ Executive Director of Community Development, 12%; George P. Tielsch, Chief of Police, 6%; James Ruth, Deputy City Manager, 13%; ~ames Riley, F~re Chief, 14%; George Ferrone, Finance Director, 11.5%; Tug Tamaru, Data Processing Director, 10%; Ron Thompson, Planning Director, 10%; William Griffith, City Librarian, 12%; Garry McRae Human Resources Director, 13%. ' Mayor Seymour stated he wanted to speak to the recommendations of the City Manager, as well as to the entire proposed Resource Allocation Plan. The Council would recall that when the subject of Department Head increases was proposed last summer, he was philosophically opposed to the increases at that time due to (1) Proposition lB and (2) because he continued to oppose the 70-685 City Hall, Anaheim~ California - COUNCIL MINUTES - June .12~ i979~ 1:30 P.M. Budget a year ago. As they moved into the fall, winter and spring, he suggested to his Council colleagues and Department Heads that, pending a good Budget, one that he felt the Council could hold up to the citizens of Anaheim and be proud of relative to insuring that it carried the true spirit embodied in Proposition 13, that he would be the first to support pay increases for Department Heads, as well as the City Manager. There were some in the bureaucracy, as well as on the Council, who felt he had some type of hidden agenda in mind when he made that statement and that for whatever reason, he would not be supportive. He was supportive of the recommendations of the City Manager and speaking spe- cifically to the City Manager, he had done an outstanding job of bringing the City Council and the citizens of Anaheim a Budget that was the best he had seen since he had been involved in the City. Any time in the days of inflation and the challenge of Proposition 13 that an individual could bring in a Budget through Department Heads, representing less dollars, actually 6.4% less than a year ago, while being able to meet the demands for services of a growing city, he had met the challenge and deserved to be rewarded. The operation portion of the Budget, excluding the cost of electricity and water, indicated an extre- mely low 3.4% increase, while at the same time being faced with increasing population and expansion programs taking place throughout the City. He was to be commended and commended publicly. To the degree that the City Manager kept with what he (Seymour) felt was the philosophy of the citizens of Anaheim to meet the spirit of 13, Mr. Talley had done that in every possible way. He could find no fault whatsoever with the Budget as proposed, even as critical as he had been in the past. The citizens of Anaheim, as well as the Council, could be proud of the City Manager's Budget. It exceeded the expectations of ndt only Proposition 13 and the City Charter passed by the voters, as well as the Spirit of 13 yet to be passed, but also costs were kept down in that proposed Budget. He would challenge anybody in the City to say that the budget was filled with "fat" or any such comment. MOTION: Councilman Seymour stated he was totally satisfied and proud to offer a motion of approval on the 1979-80 Budget, as recommended and amended, as well as a recommended increase for the City Manager of 12% as a result of his hard efforts in bringing the Budget together. At the same time, they should consider the City Attorney and the City Clerk with equal increases of 12% individually, as well as the Department Head increases as recommended by the City Manager, to be effective as of the beginning of the new fiscal year. Councilman Overholt seconded the motion. Before a vote was taken, Mayor Seymour stated he would be less than honest, however, if he did not add a few more comments relative to the individual increases that the City Manager recommended on Department Heads. He did not agree in any way with some of the specific recommendations and, in fact, he strongly disagreed. However, in the spirit of unanimity with the Council and in the spirit that the recommendations were those of the City Manager, who was delegated the authority as well as the responsiblity for insuring that those Department Heads performed for the citizens of Anaheim, he would set his personal strong feelings aside in favor of that unanimity and in favor of supporting a recommendation by the City Manager, because he made it, and not because he agreed. A vote was taken on the foregoing motion. MOTION CARRIED. 79-686 City Hall, Anaheim~ California - COUNCIL MINUTES - June !2~ 1979, 1:30 P.M. Councilman Seymour offered Resolution No. 79R-338 for adoption, adjusting rates of compensation for classifications designated as Executive Management, covering the foregoing recommended increases relative to Department Heads by the City Manager, as well as the City Manager, City Attorney and City Clerk. Refer to Resolution Book. RESOLUTION NO. 79R-338: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 77R-819 AND AMENDMENTS THERETO AND ADJUSTING RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT. (effective July 6, 1979) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour None None The Mayor declared Resolution No. 79R-338 duly passed and adopted. Mayor Seymour left the Council Chamber (4:11 P.M.) and turned the chairmanship of the meeting over to Mayor Pro Tem Overholt. City Manager Talley then proposed eight additional resolutions, the first three regarding revenues. Councilman Overho!t offered Resolution Nos. 79R-339 through 79R-341, both inclusive, for adoption. Refer to Resolution Book. 150: RESOLUTION NO. 79R-339: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE POLICY AND FEES FOR CITY-WIDE PARK AND RECREATION PROGRAMS AND SERVICES IN THE CITY AND RESCINDING RESOLUTION NO. 79R-2. i35: RESOLUTION NO~ 79R-340: 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, AND RESCINDING RESOLUTION NO. 77R-579. (effective October 1, 1979) 124/101: RESOLUTION NO. 79R-341: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES FOR PARKING AT ANAHEIM CONVENTION CENTER AND ANAHEIM STADIUM TO BE EFFECTIVE ON JANAURY 1 1980. (increase from $1.50 to $2.00) ' Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution Nos. 79R-339 through 79R-341 both inclusive, duly passed and adopted. ' City Manager Talley then introduced the next five proposed resolutions from the Human Resources Division Which he explained briefly all to be effective June 22, 1979. 79-687 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12, 1979, 1:30 P.M. Councilman Overholt offered Resolution Nos. 79R-342 through 79R-346, both inclusive, for adoption. Refer to Resolution Book. 153: RESOLUTION NO. 79R-342: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 78R-660 WHICH ESTABLISHED RATES OF COM- PENSATION FOR CLASSES DESIGNATED AS STAFF AND SUPERVISORY, TO CHANGE THE TITLES OF EXISTING CLASSIFICATIONS, ADJUST A SALARY SCHEDULE AND CREATE NEW CLASSIFICATIONS TO IMPLEMENT THE 1979-80 RESOURCE ALLOCATION PLAN. (CETA Assistant, CETA Specialist I, CETA Specialist II, Recreation Service Manager, Payroll Supervisor, Computer Operation Supervisor, Data Control Supervisor, Economic Development Coordinator, Employee Benefits Representative, Employment Representative, Management Operations Analyst and Utilities Consumer Represen- tative) 153: RESOLUTION NO. 79R-343: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 78R-659 WHICH ESTABLISHED RATES OF COM- PENSATION FOR UNREPRESENTED JOB CLASSES AND CREATING NEW CLASSIFICATIONS TO IMPLEMENT THE 1979-80 RESOURCE ALLOCATION PLAN. (Community Center Director, Housing Loan Counselor, Telecommunications Representative) 153: RESOLUTION NO. 79R-344: A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-703 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL CITY EMPLOYEES UNIT, AND CREATING NEW CLASSIFICATIONS. (Parking Checker I and Parking Checker II) 153: RESOLUTION NO. 79R-345: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 77R-704 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSES REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, CLERICAL UNIT, AND CREATING NEW JOB CLASSES. (Accounts Receivable Collection Representative, Tape ~brarian) 153: RESOLUTION NO. 79R-346: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMEINDING RESOLUTION NO. 79R-94 WHICH ESTABLISHED RATES OF COMPENSATION FOR PROGRAM MANAGERS, TO CREATE A NEW CLASSIFICATION. (Landscape Architect) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared Resolution Nos. 79R-342 through 79R-346 both inclusive, duly passed and adopted. ' City Manager Talley referred to memorandum dated June 8, 1979 from the Human Resources Director recommending in addition to the currently authorized auto- mobile allowances that the automobile allowance for the Public Works Executive Director be adjusted from $175 to $200 per month based on the amount of driving required for that position and to provide for additional automobile allowances; Conve~tion Center, Stadium and Golf Courses General Manager, $225 and the 79-688 City Hall, Anaheim, California - COUNCIL MINUTES - June 12, 1979, 1:30 P.M. Assistant City Manager, $200~ He further advised the Council that although the above recommendations were scheduled to go into effect July 1, 1979, if approved, it was anticipated that a recommendation to increase automobile allowances for those going into effect and the existing allowances would be forthcoming on August 1, 1979, concurr~~ with the adjustment in mileage paid under agreements with employee organizatlons. Based upon the last 90 days, there was a very substantial increase on mileage allowances which he would probably recommend that they all be increased by $25 to $30. Councilman Bay moved to increase the automobile allowance for the Public Works Executive Director from $175 to $200 per month, to grant the General Manager of the Convention Center, Stadium and Golf Courses an automobile allowance of $225 per month; to grant the Assistant City Manager an auto- mobile allowance of $200 per month, all effective July 1, 1979. Council- woman Kmywood seconded the motion. Councilman Seymour was absent. MOTION CARRIED. RECESS: By general consent, the Council recessed for 5 minutes. (4:17 P.M.) AFTER RECESS: Mayor Pro Tem Overholt called the meeting to order, all Council Members being present, with the exception of Mayor Seymour. (4:22 P.M.) CONSENT CALENDAR ITEMS: On motion by Councilwoman Kaywood, seconded by Council- man Roth, the following actions were authorized in accordance with the reports and recommendations furnished each Council Member and as listed on the Consent Calendar Agenda: 1. 118: CLAIMS AGAINST THE CITY: The following claims were denied and referred to the City's Insurance Administrator, or allowed, and the Application for Leave to Present Late Claim was denied: a. Claim submitted by Albert E. Fiedler for damages purportedly sustained as a result of a utility pole problem on or about the last week of April, 1979. b. Claim submitted by Alice G. Hutchison for vehicle damages purportedly sustained as a result of unmarked hole in Harbor Boulevard on or about May 20, 1979. c. Claim submitted by Paul J. Kabat for vehicle damages purportedly sustained as a result of an accident caused by an unmarked obstacle on West Street on or about May 12, 1979. do Claim submitted by Mr. Gene Love for damages purportedly sustained as a result of problems relating to meter connections on or about May 1, 1979. e. Claim submitted by Pacific Telephone for damages purportedly sustained as a result of repairing a water leak on or about April 12, 1979. f. Claim submitted by Pacific Telephone for damages to lO0-pair buried cable purportedly sustained as a result of City power cable blowout on or about March 4, 1979. 79-689 ~ity Hall, Anahei~ California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. g. Claim submitted by Mrs. Zena Shapiro for personal injury damages purportedly sustained as a result of claimant being struck by falling parkway tree limb on or about April 23, 1979. h. Claim submitted by Southwest Expo Services/Mike Ambrose for damage to vehicle purportedly sustained as a result of an accident at Convention Center caused by employees on or about May 11, 1979. i. Claim submitted by Ed Windrim for damages purportedly sustained as a result of electricity being shut off, date unknown. j. Claim submitted by Mercy Zamora Dennison for vehicle damages purportedly sustained as a result of an accident involving a City-owned vehicle, on or about May 15, 1979. k. Claim submitted by Jesus Sandoval for vehicle damages purportedly sustained as a result of tree branch falling on or about May 19, 1979. 1. Claim submitted by American States Insurance for property damage purportedly sustained as a result of improperly located electrical conduit which was approved by the City Building Inspector, on or about January 29, 1979. m. Claim submitted by Katherine O'Connell-Mordick for vehicle damages purpor- tedly sustained as a result of golf ball striking windshield on or about May 5 1979. , n. Claim submitted by Samuel Garcia-Garcia for damages purportedly sustained as a result of actions by the Anaheim Police or or about May 22, 1979. o. Application for Leave to Present Late Claim submitted by Bret Richard Friedman for personal injuries purportedly sustained as a result of negligence, on or about December 4, 1978, was denied. p. Claim submitted by Y. Murakami for damages purportedly sustained as a result of City Crew walking through 25 feet of strawberry rows and damaging one length of irrigation pipe on or about April 30, 1979, was allowed. 2. CORRESPONDENCE: The following correspondence was ordered received and filed: a. 173: Civil Aeronautics Board, Docket 34291, notice of proposed rulemaking regarding elimination of operating market restriction attached to air carrier certificates. b. 173: Before the Civil Aeronautics Board, Docket 35576, appliCation of Pacific Southwest Airlines, Inc., for Orange County-San Francisco authority, and Docket 35440, application of Hughes Air Corp., dba Hughes Airwest, for amendment of its certificate of public convenience and necessity for Route 76 (Orange County-San Francisco nonstip authority). c. 105: Community Redevelopment Con~nission - Minutes of May 23, 1979. d. 105: HACMAC Committee - Minutes of May 8 and 22, 1979. 79-690 City Hall, Anaheim, California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. e. 105: Youth Commission - Minutes of May 23, 1979. f. 155: Planning Department~ Building Division - Monthly Report for May 1979. 3. 164: VERMONT-LEM~ w ~, CHANGE C~DER NO. 1: In accordance with the recommendations of the City Engineer, Change Order No. 1, in the amount of $33,750, Nick Didovic Construction Company, contractor, was authorized, bringing the original Contract price to $875,458. Councilman Seymour was absent. MOTION CARRIED° CONSENT CALENDAR ITEMS: Councilwoman Ka~ood offered Resolution Nos. 79R-347 through 79R-349, both inclusive, for adoption in accordance with the reports, recommendations and certifications furnished each Council Member and as listed on the Consent Calendar Agenda° Refer to Resolution Book. !58: RESOLUTION NO. 79R-347: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Pralle and Case No. 2, two deedS; Sunburst Development, Inc.; Robert R. Cumhman, et al.) 176: RESOLUTION NOo 79R-348: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE VACATION AND ABANDONMENT OF A PORTION OF MAC DUFF STREET. [76-9A) 164: RESOLUTION NO. 79R-349: 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: JUAREZ PARK DRAINAGE IMPROVEMENT~ N/O ANNIKA STREET, IN THE CITY OF ANAHEIM, ACCOUNT NOS. t6-802-6325 AND 01-792-6325-2470; APPROVING THE DESIGNS, PLANS, PROFILES, DRAWINGS, AND SPECIFICATIONS FOR THE CONSTRUCTION THEREOF; AUTHORIZING THE CONSTRUCTION OF SAID PUBLIC IMPROVEMENT IN ACCORDANCE WITH SAID PLANS, SPECIFI- CATIONS, ETC.; AND AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH A NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION THEREOF. (Bids to be opened July 12, 1979, at 2:00 P~M.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL M~_~MBERS~ COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Roth and Overholt None Seymour The Mayor Pro Tem declared ~%esolution Nos. 79R-347 through 79R-349, both inclusive, duly passed and adopted. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held May 21, 1979, pertaining to the following applications, as listed on the Consent Calendar, were submitted for City Council information. 1. RECLASSIFICATION NO. 78-79-40, VARIANCE NO. 3098 AND (TENTATIVE TRACT NO. 10710~: Submitted by Jay J. Wall, et al, for a change in zone from RS-A-43,000 to RM-3000, to construct a 44-unit condominium subdivision on proposed RM-3000 property located at the southwest corner of Crescent Avenue and Magnolia Avenue with waiver of maximum building height. 79-691 City Hall~ Anaheim, California - COUNCIL MINUTES - June 12~ 1979~ 1:30 P.M. The City Planning Commission, pursuant to Resolution Nos. PC79-93 and PC79-94, granted Reclassification No. 78-79-40 and Variance No. 3098 and granted a negative declaration status. 2. CONDITIONAL USE PERMIT NO. 1921 (READV): Submitted by William W. Lange, to permit an automobile detailing facility on ML zoned property located at 1536- 1538 West Embassy Street, with a request to delete Condition Nos. 1 and 4 from Resolution No. 78-289 relating to payment of traffic signal assessment fees and restriction on outdoor uses for the facility. The City Planning Commission, pursuant to Resolution No. PC79-103, granted in part Conditional Use Permit No. 1921, and a negative declaration status was previously approved. 3. CONDITIONAL USE PERMIT NO. 1974: Submitted by James R. and Jacklyn A. Martin, to retain an automobile a~d truck sales and leasing facility on ML zoned property located at 1280 North Grove Street. The City Planning Commission, pursuant to Resolution No. PC79-92, granted Conditional Use Permit No. 1974, and granted a negative declaration status. 4. CONDITIONAL USE PERMIT NO. 1975: Submitted by Gilbert N. and Marie B. Kluthe, to permit on-sale liquor in a proposed restaurant onCL zoned property located at 831 South State College Boulevard. The City Planning Commission, pursuant to Resolution No. PC79-97, granted Conditional Use Permit No. 1975, and ratified the Planning Director's categorical exemption determination. 5. CONDITIONAL USE PERMIT NO. 1977: Submitted by Brookmore Arms Inc., to permit the on-sale of beer and wine in an existing restaurant on CL zoned property located at 888 South Brookhurst Street. The City Planning Commission, pursuant to Resolution No. PC79-99, granted Conditional Use Permit No. 1977, and ratified the Planning Director's categorical exemption determination. 6. CONDITIONAL USE PERMIT NO. 1978: Submitted by Chew-Nar Cheng, to permit a 25-unit motel on CL zoned property located at 426 South Beach Boulevard with certain Code waivers. The City Planning Commission, pursuant to Resolution No. PC79-100, granted in part Conditional Use Permit No. 1978, and granted a negative declaration status. 7. CONDITIONAL USE PERMIT NO. 1979: Submitted by Lana Corporation, to permit a racquetball facility on CL zoned property located south side of La Palma Avenue, west of Harbor Boulevard, with a waiver of required tree screen. The City Planning Commission, pursuant to Resolution No. PC79-101, granted Conditional Use Permit No. 1979, and granted a negative declaration status. 79-692 C.i.ty Hall, Anaheim, California - COUNCIL MINUTES - June ~2~ 1979, 1:30 P.M. 8. CONDITIONAL USE PERMIT NO. 1980: Submitted by Richard S. and Elsie MacKensen, to permit an adult book store on CG zoned property located at 314 East Lincoln Avenue. The City Planning Commission, pursuant to Resolution No. PC79-96, denied Conditional Use Permit No. 1980, and granted a negative declaration status. 9. CONDITIONAL USE PERMIT NO. 1981: Submitted by Anaheim Hills Inc., to permit specific sites for 46 existing and proposed signs on (SC) zoned property located on 4300 acres bounded by Santa Ana Canyon Road to the north, Anaheim City Limits to the south and east, and Meats Avenue to the west. The City Planning Commission, pursuant to Resolution No. PC79-95, granted Conditional Use Permit No. 1981, and granted a negative declaration status. 10. CONDITIONAL USE PERMIT NO. 1982: Submitted by Pete Billey, William P. Draganza and Douglas E. Jones, to permit a 213-unit motel with related accessory uses on CL zoned property located at 2041 South Harbor Boulevard with a waiver of minimum number of parking spaces. Councilwoman Kaywood noted that the item did not state specifically whether they were requesting a restaurant of any kind at the subject location. As a matter of record, she noted they were getting a waiver of minimum number of parking spaces so that there should be no restaurant. Mr. Douglas E. Jones, one of the owners, stated there would be no restaurant in the facility. He continued that the only question Thriftimart had was in regard to an easement, and they had record of an easement. He requested that the Council approve the Planning Commission recommendation and subsequently let the City Attorney review all the documents and be subject to the City Attorney's approval. The items in dispute were items 5 and 7 of the Planning Commission Resolution No. PC79-102. He felt that Thriftimart had every opportun- i:y to attend the Planning Commission meeting, and they were well aware of the building of the motel a few weeks ago because he personally told them. They had taken no position to appeal the action and the applicants did not want to be delayed any longer; they wanted to build a motel. Mr. Edward B. Smith, 707 Wilshire, Los Angeles attorney representing Thrifti- mart referred to the first paragraph of letter dated June 11~ 1979 from Thriftlmart which was sent to the Council indicated that they had received no notice of the Planning Commission public hearing on May 21, 1979. He also disputed what Mr. Jones said relative to having discussed the Planning Commission hearing with tham. He reiterated they did not know about the meeting, nor did they receive a notice, and thus it was impossible to appeal and object. They were not trying to interfere with what Anaheim wanted to do with its property, but they wanted the City to understand that there were permanent parking rights on the Thriftimart property. They had in their file an opinion from Loeb & Loeb in 1964, stating that there had been no change. One of the conditions of approval was that parking would be provided on the Thriftimart property, and he emphasized that would not be done. 79-693 City Hall~ Anahei~ California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. Miss Santalahti explained that the action was granted with a waiver for the minimum number of parking spaces. A condition of approval was an easement for parking purposes on the property to the south. It was a condition of the CUP, and they would have to satisfy the City Attorney with a properly recorded document re!at%ye to that aspect. Councilman Bay asked Mr. Smith if he wanted a public hearing on the matter. Mr. Smith stated he did not know what purpose a hearing would serve unless under the City's procedures they would prefer to have them state their position pub- licly, other than at the present time. However, Thriftimart was very emphatic about their position. Miss Santalahti explained if they could acquire the easement and some alternate means of providing parking, the CUP could be reconsidered by the Planning Commission and when they decided what could be done, they could delete that condition and perhaps replace or modify it, and thus it could take care of itself. 11. CONDITIONAL USE PERMIT NO. 1193 - CLARIFICATION OF RELATED FACILITIES: Submitted by David O. Beadles, requesting clarification to Conditional Use Permit No. 1193, to permit a church and related facilities on property located at the southeast corner of Wagner Avenue and State College Boulevard, to include estab- lishing a pre-school. The City Planning Commission determined that a new Conditional Use Permit be required, and that a public hearing be held in order to permit a pre-schoo1 in connection with Conditional Use Permit No. 1193. 12. CONDITIONAL USE PERMIT NO. 1517 - EXTENSION OF TIME: Submitted by Robert W. Hostetter, requesting an extension of time to Conditional Use Permit No. 1517, to permit a board and care facility for the treatment of alcoholics on RM-1200 zoned property located at 703 North Lemon Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1517, to expire May 28, 1981. 13. CONDITIONAL USE PERMIT NO. 1705 - EXTENSION OF TIME: Submitted by Robert S. Anderson, requesting an extension of time to Conditional Use Permit No. 1705, to permit truck and trailer storage with a waiver of permitted Outdoor uses on ML zoned property located on the east side of Red Gum Street, south of La Jolla Street. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1705, to expire May 9, 1981. 14. CONDITIONAL USE PERMIT NO. 1838 - EXTENSION OF TIME: Submitted by Helen M. Corn, to Permit a tent camping facility in an existing recreational vehicle park on CL zoned property located at 333 and 475 West Ball Road. The City Planning Commission approved an extension of time to Conditional Use Permit No. 1838, to expire May 22, 1980. 79-694 City Hal~,. Anaheim, California - COUNCIL MINUTES - June 12~ 1979, 1:30 P.M. 15. CONDITIONAL USE PERMIT NO. 1875 - REQUEST TO AMEND RESOLUTION NO. PC78-255 NUNC RPO TUNC: Request by the City Planning Commission to amend Resolution No. PC78-255, nunc pro tunc~ tc correct a clerical error. The City Planning Commission~ pursuant to Resolution No. PC79-104 amended Resolution No. PC78-255o ' 16. VARIANCE NO~ 2599 - EXTENSION OF TIME: Submitted by Kenneth Keesee, requesting an extension of time to Variance No. 2599, to establish an auto- mobile leasing agency on ML zoned property located at 1922-30 South Anaheim Boulevard, with waiver of permitted uses and minimum number of parking spaces. The City Planning Commission granted an extension of time to Variance No. 2599 to expire May 13, 1981. ' No action was taken by the City Council on the foregoing items; therefore the actions of the City Planning Commission became final. VARIANCE NO. 2214 - EXTENSION OF TIME: Submitted by V. S. Crocker, Pacific Telephone, requesting an extension of time to Variance No. 2214, to permit a 225-foot tall, microwave tower on CG zoned property located at 217 North Lemon Street with waiver of maximum structural height. On motion by Councilman Roth, seconded by Councilwoman Kaywood, an extenison of time to Variance No. 2214 was approved, to expire June 1, 1980 as recommended by the Planning Commission. Councilman Seymour was absent. MOTION CARRIED. ORDINANCE NO. 4019: Councilwoman Kaywood offered Ordinance No. 4019 for adoption. Refer to Ordinance Book° ORDI~LkNCE NO. 4019: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (69-70-31(6), ML) Roll Call Vote: AYES: COUNCIL MEMBERS: Kaywood, Roth and Overholt NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Seymour The Mayor Pro Tem declared Ordinance No. 4019 duly passed and adopted. ORDINANCE NO. 4020 AND 4021: Councilman Roth offered Ordinance Nos. 4020 and 4021 for first reading. ORDINANCE NO. 4020: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (78-79-39, RS-43,000) ORDINANCE NO. 402i: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (73-74-46(10), PC(SC) 79-695 City H~ll, Anaheim, California - COUNCIL MINUTES - June 12, 1979~ 1:30 P.M. 114: PERMISSION TO LEAVE STATE FOR 90 DAYS: Mayor Pro Tem Overholt indicated that he would be leaving for a vacation on June 18, 1979 and returning July 4 1979. ' On motion by Councilwoman Kaywood, seconded by Councilman Roth, permission to leave the state for 90 days was approved, as requested by Mayor Pro Tem Overholt. Councilman Seymour was absent. MOTION CARRIED. ADJOURNMENT: Councilman Bay moved to adjourn. Councilman Roth seconded the motion. Councilman Seymour was absent. MOTION CARRIED. Adjourned: 4:55 P.M. LINDA D. ROBERTS, CITY CLERK