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1996/07/23The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth SR. ASSISTANT CITY AI-I'ORNEY: Eleanor Egan CITY CLERK: Leonora N. Sohl STADIUM/CONVENTION CENTER GENERAL MANAGER: Grog Smith INTERGOVERNMENTAL RELATIONS OFFICER: Kdstine Thalman PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:20 a.m. on July 12, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, Anaheim Municipal Employees Association, and Unrepresented Management. By general consent, the Council recessed into Closed Session. (3:02 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:12 p.m.) INVOCATION: There was a moment of silence in lieu of an invocation. FLAG SALUTE: Council Member Tom Tait led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Jeff Farano recognizing him for receiving the Chapman University Ethics in America Award. Mayor Daly and Council Members personally commended and congratulated Mr. Farano on receiving this prestigious award noting his many contributions to the Anaheim community as well. 119: PRESENTATION RECOGNIZING ANAHEIM BUSINESSES: Recognizing Anaheim businesses who participated in the Anaheim Business Partners Program. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Mayor Daly stated they are proud of the accomplishments over the last three to four years in terms of the City's Economic Development Program. It has been a remarkable success story. This evening, the focus is on 15 Anaheim businesses representing diverse industries and business enterprises in the City. The one common theme this evening is that all the businesses either came to Anaheim or expanded their operations in the City all as a result of a partnership an-angement with City government, either City Utilities, RedevelopmentJCommunity Development, or both. Gay Forbes, the City's Economic Development Manager from the Community Development Department, Lisa Stipkovich, Executive Director of Community Development and Ed Aghjayan, Public Utilities General Manager and all the other key players from staff deserve special commendation and thanks under the leadership of Jim Ruth, City Manager. He reiterated, it is a remarkable achievement. Gay Forbes, Economic Development Manager then introduced the representatives from the respective companies to receive public recognition for their company's commitment and contribution to the City's economy and overall image of Anaheim as a great place to conduct business. Anaheim Foundry Company, Bill Kenney, Controller Disc Manufacturing, Inc., Tom Brown, General Manager Disney Ice, Liam Thornton, Sr. Development Manager Fry's Electronics, James Quillman, Store Manager LA Cellular, Diane L. Siegfried, Controller MTI Technology Corportion, Kevin Liebl, Vice President/Marketing Ogden Entertainment Services, Michael O'Donnell, Director of Operations SPM, A Dynacast Company, Debbie Breckner, Executive Assistant Sundor Brands, Inc., John Oswalt, Plant Manager TRW Redi Property Data, Steve Krenzer, President/General Manager YKK (USA) Inc, Rollie Roth, Division Controller Disney Sports Enterprises, Tony Tavams, President * Anaheim Plaza, Ralf Woebken, Mall Manager * Universal Alloy Corporation, John Ball, President * West Coast Performance Products *Unable to be present. Mayor Daly and Council Members personally greeted and congratulated each of the representatives. The Mayor stated they hope to be able to expand the group in years to come. He again thanked all the staff involved in the program. 119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing July 27, 1996 as Church of Jesus Christ of Latter-Day Saints Commemorative Tree Planting Day in Anaheim. Reed B. Mattson, State President, Church of Jesus Christ of Latter-Day Saints accepted the Proclamtion and gave an explanation of the history and significance of the Commemorative Tree Planting Day. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: DECLARATION recognizing Catellus Development Corporation for their contribution to the Anaheim Canyon Business Center Metrolink Station. PROCLAMATION proclaiming July 28, 1996 as Baby 'Crash" Burl Day. 2 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,323,515.96 for the period ending July 19, 1996 in accordance with the 1996-97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:43 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: George MacLaren, 323 S. Indiana Street, Anaheim 92805. He first thanked the Council for reappointing him to the Senior Citizen Commission and also thanked Mayor Pro Tern Lopez for nominating Rose Jurado as a member of the Commission who was then appointed unanimously. He referred to the petition submitted on June 18, 1996 (see minutes of the Redevelopment Agency Meeting that date) signed by 395 seniors who use the current Senior Center building urging the Council/Agency not to tear that building down and to hold off building the new Community Center. At the July meeting of the Senior Commission, a motion was passed urging the City to increase handicap parking in the Center Street structure. He voted against the motion because he feels there should be handicap parking in front of the proposed building. Three architects have worked on the center and they have never allowed for parking up front for handicapped people. He emphasized that safe, adequate parking is necessary. Mayor Daly. He will ask the City Manager to give a report on the current number of parking spaces for those displaced at the current Senior Center and the proposed spaces at the new Community Center which includes a Senior Center component. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A3 and A8 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 23, 1996. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution Nos. 96R-131 through 96R-139, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5572 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by David Batta cJo Ramona Mora for property damage sustained purportedly due to actions of the City on or about June 20, 1996. b. Claim submitted by Nicole Chdstene Dixson for property damage sustained purportedly due to actions of the City on or about June 15, 1996. c. Claim submitted by D. C. Kuchenbecker for properly damage sustained purportedly due to actions of the City on or about June 14, 1995. 3 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 d. Claim submitted by Sally Lewis for property damage sustained purportedly due to actions of the City on or about December 23, 1995. e. Claim submitted by Regimund Rigonan Agarma for property damage and bodily injury sustained purportedly due to actions of the City on or about March 12, 1996. f. Claim submitted by Gabriella Rodiles and Haroutioon Der-Parseghian for property damage sustained purportedly due to actions of the City on or about December 31, 1995. g. Claim submitted by Rene Arreola for property damage sustained purportedly due to actions of the City on or about June 20, 1996. h. Claim submitted by Lavon Brooks for property damage sustained purportedly due to actions of the City on or about June 14, 1996. i. Claim submitted by Nydia Romem for property damage sustained purportedly due to actions of the City on or about June 14, 1996. j. Claim submitted by Village Park Homeowners Association c/o Lynn Baidack for property damage sustained purportedly due to actions of the City on or about July 26, 1995. k. Claim submitted by Vincent Stuck and Kathleen O. Stuck for properly damage sustained purportedly due to actions of the City on or about December 31, 1995. I. Claim submitted by Vicente Honorato (Honiba, S.A.) for property damage sustained purportedly due to actions of the City on or about January 21, 1996. A2. 156: Receiving and filing the Anaheim Police Department Cdme Statistical Report for the month of June, 1996. A3. 123: Approving an Agreement with Hellmuth, Obata and Kassabaum, Inc., in the amount of $7,105,000 to provide Architectural and Engineering Services for the Anaheim Convention Center Enhancement Project. 106: Amending the Public Works FY 1996/97 Capital Improvement Budget to incorporate funds totaling $5,105,000 from account 455-412-9930-5797 into account 455-412-9930-7809 for expenditures associated with required amhitectural and engineering services for the Enhancement Project. Submitted was report dated July 8, 1996 from the Director of Public Works/City Engineer, Gary Johnson recommending approval of the subject recommendations. Jeff Kimch, 2661 W. Palais. He posed several questions--have other fall-back sources of funding been identified if the Transient Occupancy Tax (TOT) is not ratified in the November Election. What is the rate of return on the $150 million investment to expand the Convention Center. He would like to have public debate on the alternatives for spending the money, part of which involves $10 million in surplus for parking operation funds. He would like the Council to postpone action until the public has a better financial analysis of the benefits to the City. Charles Ahlers, President, Anaheim and Orange County Visitor and Convention Bureau. Some of Mr. Kirsch's confusion relative to the economic impact of the project may have been due to his (Ahlers) inability to more clearly illustrate their position. He then briefed some of the economic statistics he gave at the afternoon workshop at the meeting of July 16, 1996 (see minutes that date) where presentations were also given by the amhitect and staff. The positive economic impact translates to 1.2 billion dollars a year for Anaheim and Orange County directly to business owners, restaurateurs, hoteliers and amusement park operators. They are confident it is a phenomenal deal for the City. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 1996 Larry Slagle representing the Anaheim Chamber of Commerce. A week ago, the new President of the Chamber of Commerce, Floyd Farano, presented the Chamber's position relative to the preposed Convention Center expansion (see minutes of July 16, 1996) wherein he expressed his feelings and the feelings of the Chamber urging the Council to move forward with the project especially relative to the jobs that will be genereted and the economic impact. He is present today to urge the Council to move forward without delay and not wait until November. Council Member Tait. He asked staff to address some of the questions posed by Mr. Kirsch. City Manager Ruth. If the Council moves forward tonight, there will be continuity with the architecturel team they have been working with. The cost will be $1.5 million over the next four months. There is money in the Convention Center general reserves so there would not be an impact on the General Fund. With a delay, the Convention Center will begin to lose business, one of the major losses being the National Association of Music Memhants who have decided not to hold their next two conventions in Anaheim but plan to be returning in 2000 if the Convention Center is expanded. Delays could trenslate into millions of dollars in loss. Whatever is expended would have to be expended regardless. If the Cha[ter measure fails in November (re: TOT issue), it would be necessary to find another funding mechanism. They would then tatum to the Council with a recommendation. He also explained the details of the reserve frem the parking fund (i.e., the Hilton reserve). Greg Smith, Convention Center General Manager. He relayed the information given at the workshop session last week relative to the positive economic impact each expansion has had (see minutes of July 16, 1996) especially with regard to generetion of TOT along with the many other benefits that accrue to the City. Council Member Tait. He is concerned that a large architectural contract is being proposed before the financing arrangements. However, he does understand this is something that is needed, that TOT revenue streams need to be protected, and the City's investment in the Convention Center needs to be protected. Perhaps as an option, they should direct HOK to design those portions or develop a stretegy if the measure does not pass in November or if they have to change the scope of the project, that the initial four month's work can be adjusted so that the work will not be a loss to the City. His concern is if they have to change directions in four months. City Manager Ruth. He appreciates the comments and will communicate those to HOK. He sees no reason why they cannot capture whatever they design during that time to make it applicable to whatever source of funding is available. Council Member Zemel. He also agrees it is imprudent to spend the money before the total funding is identified. The City is committed to other funding sources should the TOT funding not materialize. They muSt make the beSt of the Convention Center and cannot put the taxpayers at risk by losing convention business. Council Member Tait's suggestion is a good one relative to Staggering the work and with that caveat, he can support the proposal. Mayor Daly asked for clarification if the funding source changes, what does that do to the architectural work and the schedule -- does the proposed contrect give the City the flexibility to make those types of adjustments. He would like to know what direction the City Manager believes he is receiving and what he would recommend be done. City Manager Ruth. The contract can be terminated at any time upon wdtten notice to the amhitect. They do have a work plan and they could guide the architect to make sure they are emphasizing those aspects that in the event the ratification of the tax did not pass, they could use whatever those plans are for whatever amount of money is available through other sources. It seems a certain amount of work would be applicable no matter what they did in terms of future development. There is a certain basic amount of work that is going to have to be done regardless of what the expansion plan is. They could direct the architect, work with them and slow the work down if they felt it necessary or just Stick to the basics which could be applied regardless of what the funding source would be. 5 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 1996 Greg Smith. The scheduling of Phase I incorporates the extension of Hall D an additional 75,000 square feet and a remodel of Hall E. They believe the costs they would incur would be approximately $1,500,000. They do have the ability to terminate at any time. In his opinion, the work performed for the first four months would not be wasted work and they could use the work product later. The City will own it and could utilize it in the future if they had to delay the project. Mayor Daly. He believes it is crucial to move forward to complete the architectural work on this much needed expansion. Staff has adequate direction to make sure that the amhitect can be directed to adjust the pace of work or to cease the work if need be. It is an eventuality they do not expect and hope will not be necessary. They want the architect to finish the beautiful plans they have seen in a conceptual way. Speaking for himself, he wants to move forward and deliver this project in the time frame discussed. He emphasized it is essential to accomplish the project. A4. 169: Awarding a contract to the lowest responsible bidder, R. F. Paulus, Inc., in the amount of $784,163.71 for La Palma Avenue Street and Storm Drain Improvements Project from West Street to Euclid Street; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. A5. 160: Accepting the Iow bid of BICC Utility Cable Company, in an amount not to exceed $41,386.80 for four thousand feet of 15KV underground distribution cable, in accordance with Bid #5559. A6. 105: Receiving and filing minutes of the Community Services Board meeting held May 9, 1996. A7. 177: Receiving and filing the Investment Portfolio Report for the month of June, 1996, as submitted by the City Treasurer. A8. 123: Approving an Agreement with Purkiss-Rose/RSI, in the amount of $97,000 for consultant services to prepare a master plan and construction documents, and to provide construction observation for the development of Deer Canyon Park. Council Member Tait abstained on this item declaring a conflict since he lives in this Mello-Roos District. George Pulliam, 242 S. Eucalyptus Ddve, Anaheim 92808. He has about five acres of land and shares about 200 yards of boundary with the Deer Canyon Park. He strongly opposes an entrance to the park that would require construction of the public road across his property. He has lived in the area for over 30 years. It is an excellent place to raise children and now grandchildren. It offers privacy, tranquility and secudty and serves as a safe zone for their pets as well as a wide range of animals including deer. A public road would cut his property in two. He asks nothing of the City except to be left alone and to not force a public road on them. Mayor Daly. He commended staff for at long last moving forward on what is a beautiful 130-acre parcel known as Deer Canyon dedicated to the City as part of the development approval process some years ago. It is time to move fo[ward and make it available to the public for now and generations to come. A9. Al0. 123: Approving the terms and conditions of the Amendment to Lease Agreement with Anaheim Museum, Inc., and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. 123: Approving an Agreement with the Orange Unified School District for the joint use of the Canyon Rim Park and school facilities. 6 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 23, '1996 All. 161: RESOLUTION NO. 96R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ADOPTION OF A MORTGAGE CREDIT CERTIFICATE PROGRAM BY THE ANAHEIM REDEVELOPMENT AGENCY IN COOPERATION WITH THE COUNTY OF ORANGE, AUTHORIZING AN APPLICATION BY THE COUNTY ON BEHALF OF THE AGENCY TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES, AND AUTHORIZING THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY. Council Member Zemel abstained on this item declaring a conflict. A12. 139: RESOLUTION NO. 96R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING LOCAL GOVERNMENT INVOLVEMENT IN FEDERAL LEGISLATION SEEKING TO CONSOLIDATE WORKFORCE DEVELOPMENT PROGRAMS UNDER FEDERAL BLOCK GRANT FUNDING. A13. 144: RESOLUTION NO. 96R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING NOTICE OF RENTAL BY THE COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (131 MIDWAY DRIVE - PAUL REVERE ELEMENTARY SCHOOL) A14. 144: RESOLUTION NO. 96R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ANAHEIM WAIVING NOTICE OF RENTAL BY THE COUNTY OF ORANGE OF CERTAIN PROPERTY LOCATED IN THE CITY OF ANAHEIM. (425 SOUTH HARBOR BOULEVARD) A15. 185: Approving termination of Covenants 1 through 3, in connection with Conditional Use Permit No. 3356 and authorizing the Planning Director, on behalf of the City, to approve the Declaration Terminating Covenants. (Northeast comer Katella Avenue and State College Boulevard-former Rockefeller Project.) A16. 123: Approving the First Amendment to Agreement with E. Del Smith & Company, Inc., extending services through August 1, 1997, at a cost remaining at $79,200 per year to provide legislative advocacy services to the City. A17. 139: Approving the recommended positions on the following legislative proposals, and communicating their position to appropriate representatives in Sacramento: (1) SUPPORT - AB 3014 (Cortese) and SB 1948 (Thompson) regarding a State Bond issue for Park & Recreation projects. (2) OPPOSE - SB 1626 (Kopp) regarding Redevelopment Agency projects and the use of eminent domain. (3) OPPOSE - AB 317 (Granlund) regarding the removal and retrieval of shopping ca,ts. (4) OPPOSE - AB 1949 (Conroy) regarding retention on public works projects. On questioning by Council Member Zemel, Kristine Thalman, Intergovernmental Relations Office briefed Item (1) - Support - AB3014 and SB1948; City Manager Ruth also explained that under a previous State Bond Issue for Park & Recreation projects, the City received approximately one million dollars and built gymnasiums at Dale and Sycamore Junior High Schools. Those facilities are still in operation today. The City did receive a direct benefit based on population in terms of a pro-rata. They would come back to the City subject to submitting projects that met the criteria. Mrs. Thalman then clarified for Council Member Zemel that this merely is to place the issue on the ballot. 7 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, '1996 A18. 130: RESOLUTION NO. 96R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THAT ML MEDIA PARTNERS, L.P. DOES NOT QUALIFY FOR RATE DEREGULATION PURSUANT TO THE SMALL CABLE OPERATORS EXEMPTION OF THE TELECOMMUNICATIONS ACT OF 1996 AND SPECIFYING THE REASONS THEREFOR. A19. 132: ORDINANCE NO. 5572 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER 10.11 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE, CONSISTING OF SECTIONS 10.11.010 THROUGH 10.11.050, INCLUSIVE, RELATING TO BINS AND DROP-OFF BOXES. (INTRODUCED AT THE MEETING OF JULY 16, 1996, ITEM A12.) 000: RESOLUTION NO. 96R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A SCHEDULE OF FEES AND CHARGES FOR BINS AND DROP- OFF BOXES. A20. 184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 2, 1996, conceming the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A21. 153: Implementation of 1996/97 Budget Changes: RESOLUTION NO. 96R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 92R-22, AND 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT AND MIDDLE MANAGEMENT. (CONTINUED FROM THE MEETINGS OF JUNE25, 1996, ITEMA25, ANDJULY9, 1996, ITEMA16.) (Co, £~ier~ber Tait - No RESOLUTION NO. 96R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 92R-20 AND 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY AND PROFESSIONAL. (CONTINUED FROM THE MEETINGS OF JUNE 25, 1996, ITEM A25, AND JULY 9,1996,1TEM A16.) Co, ~'Jiember ~a±t - No See ~±nutes 8/6/96 156: Authorizing the transfer of ownership of retired police canine "Falco" to his handler, Officer Andre Jiminez. Council Member Lopez asked Officer Jiminez, who was present in the Chamber audience, to stand. He noted that people do not realize that Police dogs and their handlers contribute a great deal to the community. He wanted to acknowledge Officer Jiminez and Falco as well. A23. 156: RESOLUTION NO. 96R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT AWARD IN THE AMOUNT OF $91,392 FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR FIRST YEAR FUNDING IN THE PARTNERSHIP FOR SUPRESSlON OF DRUG ABUSE IN SCHOOLS PROGRAM; AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE ALL NECESSARY DOCUMENTS PERTAINING TO SAID GRANT. 106: Amending the Fiscal year 1996/97 Budget by increasing revenues and expenditures in Agency 309 by $91,392. 123: Consenting to the Assignment of the Engineering Services Agreement between Vectra Technology and the City of Anaheim to Duke Engineering & Services; and authorizing the Public Utilities General Manager, on behalf of the City, to execute the consent to the assignment and any related documents necessary to complete the assignment. See 8/6/9~ CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, 1996 169: Awarding a contract to the lowest responsible bidder, Gdffith Company, in the amount of $5,198,681.59 for Harbor Boulevard Improvement and Beautification Katella Avenue to Orangewood Avenue; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow biddem. Roll Call Vote on Resolution No. 96R-131 for adootion: AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Zemel / Res. 96R-137, 96R-138 Co. Member Tait No Roll Call Vote on Resolution Nos. 96R-132 throuqh 96R-139, both inclusive, for adoption: See minutes 8/6/96. AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None END OF CONSENT CALENDAR. MOTIONS CARRIED. Council Member Tait abstained on Item A8. A2.6. 127: CONSIDERATION OF REBUT]AL ARGUMENTS FOR CITY MEASURES AT THE NOVEMBER 5, 1996 GENERAL MUNICIPAL ELECTION: OPTIONAL: RESOLUTION NO.--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES AT THE NOVEMBER 5, 1996, GENERAL MUNICIPAL ELECTION. (CONTINUED FROM THE MEETING OF JULY 16, 1996, ITEM A8. City Clerk Sohl. There is no action necessary on this unless three members of the Council feel strongly about rebuttal arguments. Mayor Daly. Currently, them will be an opportunity for a pre or con argument on each. It is up to the Council whether they wish to authorize the option for rebuttals. He asked the deadline for doing so. City Clerk Sohl answered that it would have to be this evening. She then explained the procedure for rebuttals. Mayor Daly. If this is an optional procedure, unless them is a majodty who would like to proceed, them is no action necessary. At the conclusion of a further brief discussion, the Council took no action on the proposed resolution. There will, therefore, be no rebuttal arguments regarding the subject measures - only the direct arguments for and against. A27. 105: APPOINTMENT TO THE COMMUNITY CENTER AUTHORITY: Appointment to the Community Center Authority to fill an unscheduled vacancy. Currier) (Continued from the meeting of July 16, 1996, Item Al1. (William H. Mayor Daly. All three people who have applied to be appointed to the Community Center Authority am very active community leadem. The most recent is Thorny Piemall, the City's former Public Works Director, former Council Member, Miriam Kaywood, and JoAnn Barnett, a long-time member of both the Anaheim City and Union High School District Board. 9 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, 1996 Mayor Daly opened nominations. Mayor Daly nominated JoAnn Barnett; Council Member Zemel nominated Thorny Piersall. MOTION. On motion by Mayor Daly seconded by Council Member Tait, nominations were closed. MOTION CARRIED. A vote was then taken on the nominees in the order in which they were nominated. JoAnn Barnett: Ayes: Tait, Feldhaus, Lopez, Daly Abstained: Zemel Thorny Piersall: Ayes: Zemel Abstained: Tait, Feldhaus, Lopez, Daly Council Member Zemel withdrew his abstention on the vote for JoAnn Barnett and voted Aye. JoAnn Barnett was thereupon appointed to the Community Center Authority by a unanimous vote. Mayor Daly then read into the record additional background data on JoAnn Barnett (see sheet entitled - Additional Facts-JoAnn Barnett - made a part of the record). He welcomed her as a member of the Community Center Authority Board of Directors. ITEMS B1 - B13 FROM THE PLANNING COMMISSION MEETING OF JULY 8~ 1996: INFORMATION ONLY - APPEAL PERIOD ENDS JULY 30~ 1996: BI. 179: CONDITIONAL USE PERMIT NO. 3837 CATEGORICALLY EXEMPT, CLASS 11: OWNER: PBS BUILDING SYSTEM, 155 N. Riverview Drive, Anaheim, CA 92808 AGENT: JM CONSULTING GROUP, Attn: Precious Lee-McDuffie, 3760 Kilroy Airport Way ft,440, Long Beach, CA 90806 LOCATION: 155 North Riverview Drive. Property is approximately 1.34 acres located at the northwest comer of Santa Aha Canyon Road and Riverview Ddve. To permit roof-mounted telecommunications equipment. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3837 GRANTED (PC96-58) (6 yes votes, I absent). B2. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3856 AND NEGATIVE DECLARATION: OWNER: ROLAND FRANK GONZALES TRUST, 1336 E. Chapman Avenue, Orange, CA 92666 LOCATION: 1133 North Tustin Avenue. Property is located at the northwest comer of Tustin Avenue and Melville Way, having approximate frontages of 150 feet on the west side of Tustin Avenue and 180 feet on the north side of Melville Way. To permit automotive vehicle repair and accessory uses including body work and sales of used automobiles with waivem of minimum number of parking spaces and permitted encroachments into required yards. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3856 GRANTED, with the condition that not more than sixty-five vehicles shall be kept on the premises overnight (PC96-59) (6 yes votes, I absent). Approved waiver of code requirement. Approved Negative Declaration. 10 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, 1996 B3. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3844 AND NEGATIVE DECLARATION: OWNER: N. BRUCE and BARBARA E. ASHWILL, 2830 "G" Street, Sacramento, CA 95816 AGENT: FLOYD L. FARANO, 2100 S. State College Boulevard, Anaheim, CA 92806 LOCATION: 1070 North Grove Street. Property is approximately 1.4 acres located at the southeast comer of La Palma Avenue and Grove Street. To permit automotive vehicle repair and body work in an existing approximate 30,709-square foot industrial building with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3844 GRANTED with the condition that the south parking lot shall be used exclusively for employees and the north parking lot shall be used for a combination of customer and employee parking and further that the lots shall be posted accordingly (PC96-60) (6 yes votes, 1 absent). Waiver of code requirement Approved. Approved Negative Declaration. B4. 179: CONDITIONAL USE PERMIT NO. 3842 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA DRIVE-IN THEATRES, INC., Attn: A. Terrance Dickens, 120 N. Robertson Boulevard, Los Angeles, CA 90048 LOCATION: 2150 - 2170 South State Colleae Boulevard (Orange Drive-in Theatre). Property is a rectangularly-shaped parcel of land consisting of approximately 6.31 acres, having approximate frontages of 348 feet on the east side of State College Boulevard and 50 feet on the south side of Orangewood Avenue. To permit swap meet operation on the City of Anaheim portion of the Orange Drive-In Theatre, including an accessory outdoor roller hockey facility in the parking lot area. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3842 GRANTED subject to added conditions (PC96-61) (6 yes votes, 1 absent). Approved Negative Declaration. Council Member Zemel. He asked if this was the proposed use for the portion in Anaheim's boundaries (part of the ddve-in theater) and if the outdoor swap meet and miler hockey conflict with the overall stadium plan. Joel Fick, Planning Director. The miler hockey portion was withdrawn by the applicant. What remained was the swap meet portion which has been conducted on that site for some time. This particular site is impacted heavily by the I-5 widening. About 1/3 of tl~e property is in Anaheim City limits and 2/3's in Orange. With the I-5 widening, it will reduce the property about 50-50 between the two cities. Relative to the longer term impact to the Stadium, the property owner has been in discussion with staff about longer-term interests. This CUP would authorize the continuation of the swap meet on the Anaheim portion whew in the past it has just been parking for the swap meet on the Orange side. The property owner has long-term ambitions for other things as well. He also confirmed that them was no time limit in the past on the CUP and there is none with the revision. Mayor Daly. That is his concem- the fact that there is no time limit. The neighborhood is going through dramatic changes because of the I-5 widening and there will be a dramatic redesign. He feels it is important to set a limit on how far into the futura the swap meet can operate. He asked if that was brought up in the Planning Commission. Joel Fick. This swap meet has been in existence since 1970. On the Anaheim portion, the only thing that would be authorized by the CUP is that, in the past, the parking use only was allowed on the Anaheim side. Mayor Daly. This expands the swap meet on to the Anaheim portion of the property. He assumes the City would have the construction control over the project; Joel Fick. He confirmed that was correct. 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, 1996 A review of the Planning Commission's decision was requested by Mayor Daly and Council Member Zemel, and therefore, a public headng will be scheduled at a later date. B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3855 AND NEGATIVE DECLARATION: OWNER: FUJITA INVESTORS OF CALIFORNIA, P.O. Box 1860, Santa Monica, CA 90406 AGENT: GLOBAL TELECOMMUNICATIONS CORP., Attn: James Shab, 1980 - 1990 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1985 South Santa Cru~ ~treet. Property is an irregularly-shaped parcel of land consisting of approximately 2.44 acres located at the northwest comer of Santa Cruz Street and Stanford Court. To permit wireless communication sales (including but not limited to, cellular telephones, beepers, 2-way radios, and fax machines), with service, sales of related accessories and parts, and automotive installation in the ML Zone with waivers of (a) permitted type of sign (APPROVED) and (b) maximum sign height (DENIED). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3855 GRANTED, IN PART (PC96-62) (6 yes votes, I absent). Waiver of cede requirement APPROVED, IN PART, waiver (a) APPROVED, and waiver (b) DENIED. Approved Negative Declaration. Mayor Daly. He asked staff to summarize the current and proposed sign situation. Greg Hastings, Zoning Division Manager. The applicant is asking that the sign be moved along with the business. There would not be an increase in the size of the sign but the height would be increased to accommodate the increased height of the freeway which will occur at the location. It is a reader-board sign which would advertise as it does now. The Planning Commission did require that the sign be converted to a stationeny sign if the business were ever to leave the property. He confirmed for the Mayor that the current reader-board sign will bo moved to the new location and raised. Staff recommended denial of the reeder-board sign. Mayor Daly noted it will be the only reader-board sign on the east side of the freeway in the whole stadium area;Joel Fick. While staff is interested in keeping the business in the City, as the Mayor stated, it would be the only such sign in that location and for that reason, staff felt it should be in conformance with existing site plans. At the Planning Commission hearing on the matter, the applicant did make a strong case for the need for the sign to be there and the reason the Planning Commission approved the request; Mayor Daly. He feels it is in order to have a hearing on this matter as well. Council Member Feldhaus. He believes the applicant and his business became a victim of the I-5 widening. The business owner is a long-time Anaheim citizen and his father owned property around the City for years. The business is being moved back one street and in so doing will diminish the advantages of the current signage. He found himself in the same kind of situation in 1965. He personally feels they need to accommodate a good Anaheim business which has peen located in the City for many years and try to keep him in the City. Mayor Daly. Although he respects the point of view expressed, he generally has opposed reader-board signs along Anaheim Freeways. He feels strongly they do not add to the attractiveness of the City and that is why he would like to deal with it. Council Member Tait concurred in setting the matter for a future public hearing A review of the Planning Commission's decision was requested by Mayor Daly and Council Member Tait, and therefore, a public headng will be scheduled at a later date. 12 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY t996 REQUEST FOR INFORMATION ON PLANNING COMMISSION CONSENT CALENDAR ITEMS; Council Member Feldhaus. He feels it would be very helpful if the Council could receive an action agenda, comments, etc., made at the Planning Commission Hearings so that the Council would have some background information when the zoning consent items come before them. He asked for the same in the past; the materials were received for a while and then stopped. It would help the Council to know what discussions took place and why certain actions were taken. Joel Fick. Staff has been regularly providing those. He believes the reason why this is an exception is that the items are from the Planning Commission meeting of July 8 and the appeal period extends through July 30, 1996; however, the Council will not be meeting next week. Mayor Daly asked that staff make sure the material continues to be submitted. B6. 179: CONDITIONAL USE PERMIT NO. 3853 AND NEGATIVE DECLARATION: OWNER: GREGORY L. SALSBURY, TRUSTEE OF THE SALSBURY 1988 FAMILY TRUST, 2465 W. La Palma Avenue, Anaheim, CA 92801 AGENT: LOS ANGELES CELLULAR, 17785 Center Court Drive North, Cerritos, CA 90701 LOCATION: 2465 West La Palma Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 0.96 acres, having a frontage of approximately 165 feet on the north side of La Palma Avenue and located approximately 820 feet west of the centeriine of Gilbert Street. To permit additional antennas on an existing monopole communication antenna. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3853 GRANTED (PC96-63) (6 yes votes, I absent). Approved Negative Declaration. B7. 179: CONDITIONAL USE PERMIT NO. 3070 AND NEGATIVE DECLARATION; OWNER: CRESCENT ASSOCIATES, A General Partnership, 301 N. Crescent Way, Anaheim, CA 92806 AGENT: LOS ANGELES CELLULAR, 17785 Center Court Drive North, Cerdtos, CA 90701 LOCATION: 301 North Crescent Way. Property is a rectangularly-shaped parcel of land consisting of approximately 1.3 acres, having a frontage of approximately 160 feet on the west side of Crescent Way and located approximately 95 feet north of the centeriine of Penhall Way. To permit additional antennas on an existing communication tower. ACTION TAKEN BY THE PLANNING COMMISSION: Approved request for additional antennas for CUP NO. 3070 (PC96-64) (5 yes votes, 1 no vote, and 1 absent). Negative Declaration previously approved. B8. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3055 AND NEGATIVE DECLARATION: OWNER: WAYNE W. MORGENTHALER, 21709 Tahoe Lane, Lake Forest, CA 92630 AGENT: MARTIN MATIN, 511 W. Chapman Avenue, Anaheim, CA 92802 LOCATION: 511 West Chaoman Avenue. Property is a rectangularly-shaped parcel of land consisting of approximately 1.7 acres, having a frontage of approximately 372 feet on the north side of Chapman Avenue and located approximately 290 feet east of the centerline of Harbor Boulevard. To permit sales of fast food within a previously approved convenience market with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3055 (PC96-65) (6 yes votes, 1 absent). 13 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Approved waiver of code requirement. Negative Declaration previously approved. B9. 179: VARIANCE NO. 4245, CATEGORICALLY EXEMPT. CLASS 11: OWNER: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA 90803 AGENT: HARRY S. WEINROTH, P.O. Box 1566, San Juan Capistrano, CA 92693 LOCATION: 6300 - 6398 East Santa Ana Canyon Road (Anaheim Hills Shoooina Villaae. Property is an irregularly-shaped parcel of land consisting of approximately 6.67 acres located at the southwest comer of Santa Ana Canyon Road and Fairmont Boulevard. Petitioner requests modification or deletion of a condition of approval pertaining to the limitation of time for waiver of permitted type of shopping center identification signs in the Scenic Corridor Overlay Zone to retain two (2) freestanding monument signs. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for Variance No. 4245 (PC96-66) (6 yes votes, I absent). Council Member Zemel asked for an explanation relative to the issue of the two signs. Joel Fick, Planning Director. When the odginal signs were approved in 1994, they were approved for two years because they were considered to be monument or free-standing signs above and beyond what is presently allowed. The pilot approval in 1994 was given to evaluate if there any possible problems and also to see if trtey enhanced business in the center. There was representation at the Planning Commission that the signage had enhanced business within the center so the Planning Commission removed the time limitation. There was no expansion of the signage. He cladfied it is just a time limitation only and not additional signage. B10. 179: CONDITIONAL USE PERMIT NO. 3591 AND NEGATIVE DECLARATION: OWNER: COLUMBIA WEST ANAHEIM MEDICAL CENTER, Attn: Mary Herchberger, 3033 West Orange Avenue, Anaheim, CA 92804 LOCATION: 3033 West Orange Avenue (Columbia West Anaheim Medical Center). Property is an irregularly-shaped parcel of land consisting of approximately 11.2 acres located at the northwest comer of Orange Avenue and Beach Boulevard. Petitioner requests to delete or amend a condition of approval pertaining to a time limitation to retain a mobile medical (MRI) trailer. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3591 (PC9~-67) (6 yes votes, 1 absent). Negative Declaration previously approved. Bll. 179: CONDITIONAL USE PERMIT NO. 3852 AND NEGATIVE DECLARATION: OWNER: AETNA LIFE INSURANCE COMPANY, c/o Lincoln Properties, 30 Executive Park, suite 100, Irvine, CA 92713-9693 AGENT: LINCOLN PROPERTY COMPANY, 30 Executive Park, Suite 100, Irvine, CA 92713- 9693 LOCATION: 1970 West Comorate Way. Property is an irregularly-shaped parcel of land consisting of approximately 2.83 acres, having a frontage of approximately 67 feet on the south side of Corporate Way and located approximately 410 feet west of the centeriine of Muller Street. To permit repair and service of ambulance fleets in conjunction with an ambulance service. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3852 GRANTED (PC96-68) (6 yes votes, 1 absent). Approved Negative Declaration. 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, 1996 REPORTS AND RECOMMENDATIONS: B12. 179: CONDITIONAL USE PERMIT NO. 2090 INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated, (Code Enforcement), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1160 North Kmemer Boulevard (Bobby's Shack}. Request to initiate revocation or modification proceedings for Conditional Use Permit No. 2090 (to permit dance hall). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated revocation and/or modifications proceedings. B13. 179: CONDITIONAL USE PERMIT NOS. 104 AND 1765 INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated, (Code Enforcement), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1652 West Lincoln Avenue (El Oio De Af~ua). Request to initiate revocation or modification proceedings for Conditional Use Permit No. 104 (to permit the sale of beer in conjunction with a restaurant), and Conditional Use Permit No. 1765 (to permit a beer bar). ACTION TAKEN BY THE PLANNING COMMISSION: initiated revocation and/or modifications proceedings. END OF THE PLANNING COMMISSION ITEMS FROM JULY 8, 1996. ITEMS B14 - B16 FROM THE PLANNING COMMISSION MEETING OF JULY 22, 1996: INFORMATION ONLY-APPEAL PERIOD ENDS AUGUST l, 1996: B14 134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN: REQUESTED BY: County of Orange, General Services Agency, Attn: Camke Condon, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701 LOCATIONS: 1985 South Santa Cruz Street, 1400 East Cerritos Avenue and 1346 South Claudina Street. The County requests determination of conformance with the General Plan for the lease of space for the County of Orange Commissary Operations and Food Service Limits. ACTION TAKEN BY THE PLANNING COMMISSION: Approved conformance with the General Plan (6 yes votes, I absent). B15. 170: TENTATIVE PARCEL MAP NO. 96-132 CATEGORICALLY EXEMPT, CLASS 15: OWNER: JOANN HARPER, TRUSTEE OF LAMPH TRUST, 22480 Villageway Drive, Canyon Lake, CA 92387 AGENT: GROWTH MANAGEMENT, Attn: Shane Shaw, 12362 Beach Boulevard, #110, Stanton, CA 90680 LOCATION: TENTATIVE PARCEL MAP NO. 96-132 (Parcel Nos. 1-3). Property is a retangulaHy-shaped parcel of land consisting of approximately 1.51 acres located at the terminus of Vista Del Sol, having a frontage of approximately 50 feet on the south side of Vista Del Sol, having a maximum depth of approximately 424 feet and being located approximately 1500 feet east of the centeHine of Country Hill Road. To establish a $ lot single-family subdivision for custom homes. ACTION TAKEN BY THE PLANNING COMMISSION: Approved Tentative parcel map No. 96-132 (6 yes votes, 1 absent). 15 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 END OF THE PLANNING COMMISSION ITEMS OF 7/22/96. DI. 179: PUBLIC HEARING - WAIVER OF CODE RECIUIREMENTCONDITIONAL USE PERMIT NO. 384t AND NEGATIVE DECLARATION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-03: OWNER: EXXON COMPANY, USA, Attn: JA Hicks, 800 Bell Street, Room 1303 B, Houston, Texas 77002 AGENT: ROBERT H. LEE ASSOCIATES, Attn: Alan Shimabukuro, Bob Supemau, 1201 S. Beach Boulevard #207, La Habre, CA 90631 LOCATION: 2180 West Ball Road. Property is a rectangularly-shaped parcel of land consisting of approximately 0.52 acre located at the southeast comer of Ball Road and Brookhurst Street. To permit a gasoline service station and convenience market with sales of beer and wine for off- premises consumption with waivers of (a) minimum number of parking spaces, (b) minimum landscaping adjacent to Petitioner further requests a determination of public convenience or necessity for an Alcoholic Beverage Control license to sell beer and wine for off premises consumption at subject facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3841 APPROVED, IN PART, waivers (a) and (b) APPROVED, and waiver (c) DENIED because it was deleted following public notification (PC96-52) (6 yes votes, 1 absent). Waiver of code requirement APPROVED, IN PART. Denied Determination of Public Convenience or Necessity No.96-03. It was determined that there is no public convenience or necessity which would be served by alcohol sales at this location (PC96-53). Approved Negative Declaration. Letter of appeal submitted by the Agent. Informational item at the meeting of June 25, 1996, Item B1. MOTION · CEQA FINDING: Negative Declaration. RESOLUTION NO. --CONDITIONAL USE PERMIT NO. 3841. RESOLUTION NO. ----A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO 96-03. City Clerk, Leonora Sohl. The Council received a copy of a letter dated July 22, 1996 from Bob Supemeau, Job Captain, Robert H. Lee & Associates requesting the Public Hearing be continued to August 6, 1996 since his client will be out of town. MOTION. Mayor Daly moved to continue the subject Public Hearing to Tuesday, August 6, 1996 as requested by the Applicant. Council Member Lopez seconded the motion. Before a vote was taken, Council Member Tait declared a conflict and will, therefore, be abstaining from discussion and action. Mayor Daly asked if they were required to ask for public input at this meeting or simply continue the hearing. Eleanor Egan, Assistant City Attorney. Since the Mayor has not opened the Public Hearing, they do not have to take public input at this time. A vote was then taken on the foregoing motion of continuance. Council Member Tait abstained. MOTION CARRIED. 16 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 1996 C1. 114: ABANDONED SHOPPING CARTS: Discussion requested by Council Member Feldhaus pertaining to shopping carts, and to consider a letter of opposition regarding specifics of AB317 which takes away the right of cities to regulate such problems. Mayor Daly first noted that the Council today voted to oppose AB317 regarding the removal and retrieval of shopping carts (see Item A17. (3)) which takes away local control regarding the issue. Council Member Feldhaus. He had submitted information to the Council just before the meeting to show what the California Grocers Association has proposed to alleviate the problems of shopping cart removal from shopping center property along with a copy of a flyer, Notice to Our Customers, asking for help by not removing carts with a number to report stray carts. A brochure from the California Shopping Cart Retrieval Corporation was also submitted (documents made a part of the record). He then read the 12 items listed in the Grocery Cart Removal Action Plan - July 1996 from the California Grocers Association (see item 1 - 12 of the subject document). He was also going to offer a motion to write a letter of opposition to AB317 which would take away local control relative to the shopping cart issue (see minutes of 7/16/96 where Council Member Feldhaus addressed the issue). However, that will not now be necessary since the Council went on record in opposition which will be submitted to the State. He appreciates Council support and will continue to work on this issue with staff and report back on the results of the efforts being made. At the conclusion of an additional bdef discussion on the issue between Council Member Feldhaus and the Mayor, Mayor Daly suggested that the item again be placed on a future agenda to receive a progress report. In the meantime, the City Manager could provide an additional analysis on the 12 points in the cart removal plan, for instance, the insertion of information into the utility bill relative to how soon that could happen and the cost. City Manager Ruth. Staff will continue to work with Council Member Feldhaus. John Poole, Code Enforcement Manager is very much involved monitoring the situation and will come back with any further recommendations. C2. 114: ACCESS TO STAFF REPORTS AND WORK-IN-PROGRESS: Discussion requested by Council Member Zemel regarding the dght of Council Members to have access to City documents, work-in-progress, and presentation materials, etc., and adjust policy accordingly so that such materials are made available on request. Council Member Zemel. He is going to deviate somewhat from the above and, in fact, at the end of his introduction, he is going to ask for a continuance of this matter. As he had previously explained at the meeting of July 16, 1996 (see minutes that date), over the past several months he has experienced what he considers a disturbing trend with the City Manager's Office in their refusal to provide him with documentation relating to extremely important and financially profound matters affecting the City. He then read his memorandum to the members of the Council dated July 22, 1996, Re: Right of City Council Members to Retain Documentation in Possession of City Staff Members (made a part of the record). His memorandum explained in detail the difficulty he has had in obtaining documentation either upon oral or written request. Also on many occasions when documentation has been provided to him on important issues, it has been delivered at the last minute and sometimes less than an hour before a scheduled vote on the matter in question denying him an opportunity to adequately assess and review the matters. In his memo, Council Member Zemel posed specific questions he would like answered (see page 2 of his report for full text of questions with sub questions a. and b. on question 1. and a., b., and c. on question 4). The questions are summarized as follows: 1. Has the City Council established a policy on whether or not a Council member is to be denied wdtten documentation on a work-in-progress or other matter which staff is reviewing or which is coming to the City Council for a vote? 2. If a policy does not exist, should the Council establish a policy which requires the City Manager to provide copies of documentation to 17 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 23, t996 Council members upon their request? 3. Should the Council establish a policy which requires delivery of final documentation in a significant matter (to be determined by the City Council) on a more timely basis which permits Council members ample and reasonable time to review and digest information so that appropriate questions can be asked and an informed decision be made prior to a vote? 4. Does a policy and procedure exist in this City for the determination of which information is public or exempt from the public disclosure and therefore not subject to release to the public? In concluding his memo, Council Member Zemel states, "1 believe it to be imperative that immediate action be taken on the foregoing questions. To proceed with the current status quo only leads to possibly unwarranted suspicions." Since City Attorney White is not present this evening, he is offedng a motion that this matter be continued for two weeks to be discussed in executive (closed) session. Before action was taken, Assistant City Attorney Eleanor Egan stated since she has not researched the question of whether the subject matter is appropriate for executive session, she suggested that the motion be to continue the matter for two weeks to be discussed in closed session if appropriate but, if not, in public session. MOTION. Council Member Zemel restated his motion that the matter be continued two weeks at which time it will be discussed in closed session if appropriate. Mayor Daly seconded the motion. MOTION CARRIED. C3. 114: PUBLIC-PRIVATE SECTOR COMPARISON: Discussion requested by Council Member Zemel regarding compensation comparison between private and public sector, and giving direction to the Budget Advisory Commission to provide Council with such comparisons, or reasons why they cannot do so. Council Member Zemel. His intent when he made a motion a year ago was to have the Budget Advisory Commission (BAC) compare public sector salaries, specifically the City of Anaheim, with pdvate sector salades to determine whether certain jobs are in line or not. It is quite possible Anaheim's salaries are in line. If not, it is necessary to have an honest report in order to deal with the issue. That was the spirit behind his June 20, 1995 motion (see minutes that date). He realizes there was some possible misunderstanding on the motion or the direction. It is a very difficult subject to grasp and he is not exactly sure how the charge can be carried oat. He then acknowledged Gene Brewer, Chairman of the BAC who was in the Council Chamber and asked if he had any input. Mayor Daly interjected and stated before Council Member Zemel calls on Mr. Brewer, he would like to cladfy that the BAC is advisory to the Council and the Council does not assign them tasks that involve a lot of time. He is somewhat uncomfortable that Mr. Brewer would have to even comment on the issue until there is clarification on what has already taken place to date. The Council received a substantial package from the BAC via the City Manager's Office (see cover letter dated July 23, 1996 from Gene Brewer, Chairman, BAC via the City Manager's Office reporting what the Commission had done previously relative to the request attached to which was an extensive packet of matedal on the issue). He believes it is unfair to put a burden on the Advisory Commission to explain their actions when, he is certain, the direction was not as clear as it could have been and the Council should have been more specific. He takes 1/5th of the responsibility. He emphasized the odginal direction should have been clearer. Further, the Council deserves to know the reason Council Member Zemel would like Gene Brewer to speak. Council Member Zemel answered, because he thought Mr. Brewer wanted to do so, He (Zemel) called and asked him. Mr. Brewer suggested he would be at the meeting today in case he was needed. A year ago when he made his motion, he thought it was clear and supported by the Council 5-0 that the BAC do the comparison study. He believes somehow the motion was unclear or communication from staff was unclear. Mr. Brewer is prepared to say what his thinking is. 18 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Mayor Daly. The Council has received a volume of information from the City Manager and the BAC responding to the question and a recent letter from the Commission. Staff and the Commission have put a great deal of time into the issue. He is wondering how much more time they are going to spend on it and feels they are going around in circles. Council Member Zemel. He does not believe the comparison was done in the manner in which the Council intended. On the telephone today, Mr. Brewer told him the Commission would like to continue and get further detail. He (Zemel) thought it was important for the whole Council to hear that. Mayor Daly. Since Mr. Brewer has taken the time to be present, he invited him to speak. Mr. Gene Brewer, Chairman, Budget Advisory Commission. He gave an extensive explanation of the time and effort spent on the subject of private-public sector compensation comparison by the BAC and the results of those efforts. His presentation is summarized as follows: This issue has been the most time-consuming one that has been before the Commission. He referred to his cover letter of July 23, 1996 outlining the realistic difficulties there are in comparing what, in fact, are apples and oranges, i.e., pdvate sector compensation as opposed to public sector compensation. The Commission is not interested in providing information that can be misinterpreted. Their obligation is to try to provide information that will allow the Council to make good decisions. However, it is very difficult to arrive at specific information that is not contradictable. The public sector is bound by a different set of accounting laws. Public entities seem to have the liberty to not report consistently. As a consequence, they cannot take the data developed in the City and compare it on an apples-to-apples basis even with surrounding municipalities. They can compare salary grades, salades paid for employees doing the same thing, but there are not really a lot of jobs in the public sector that have an identical private-sector counterpart. He congratulated the Council on the passage of the Commission's previous proposal to publish salaries. He feels it did a lot to minimize the perceived secrecy issue. Anaheim is the only City in Orange County doing so. Relative to the compensation issue, it is not a job that can be done once and forgotten because compensation is ddven by outside influences that change over time which he explained. He concluded that all of these things mean it is necessary to continue to revisit the issue of compensation. In concluding, Mr. Brewer stated there seems to be a strong favorable view on the Commission towards looking at the retirement program and the retired medical program because there is very little light shed on that in the public arena. Mistakes in that area can have horrendous long-term results with no affect at all in the near term. The Commission would prefer to look at that to provide guidance on possible policy matters. The Commission also thought that with the data available, they did the best job of providing the Council with policy recommendations. If not, they stand ready to do whatever it is the Council wants done and are capable of doing and not mislead the Council. Questions were then posed by Council Members Zemel and Tait wherein Mr. Brewer reported that the Ralph Anderson report was prepared for the County of Orange and what they are inferring is, to their best knowledge, Anaheim is no different than any other public entity in the County insofar as salary compression, grades, etc., in non-Police or Fire activities. They have no reason to believe Anaheim has any di[ferent pressure on them than any of the other cities. The issue is not whether data is available (i.e., from the Department of Labor) but whether the analysis of the data will result in a conclusion supportable by the inherent data. In his letter, he stated one of the problems they face is that, a word used in the public arena is not the same as in the private arena and, furthermore, with the public arena, each governmental agency has the freedom to budget in any way they want to. Council Member Tait. To make his position clear, and what he was looking for is relative to non-public safety positions where a lot of employees in the City am somewhat comparable to the pdvate sector such as clerical, middle management, etc. He believes there is some sort of comparison to the pdvate sector. Gene Brewer. He did see that in the Consultant's report. He emphasized that they should not over~ook the importance of the comparison of actual salaries paid to pay grades. In the public arena, there is a great compression at the top of the salary grade. Most employees will be at or near the top of the salary 19 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JULY 23~ 1996 grade. That is not tree of pdvate industry. It is necessary to look at two things -- what do the personnel rules allow, and secondly, what are they actually paying people to do equivalent jobs. There are a lot of jobs that do have pdvate sector equivalencies and the Consultant's report breaks them down into four general categories. What can be said is salades paid either came close to the median grade, or at the top end of the grade. There are certain classifications where financialy one is better off working for the City than pdvate enterprise but there are other classifications where the reverse is true. Mayor Daly thanked Mr. Brewer for his input. Council Member Zemel. He appreciates Mr. Brewer coming forward with the suggestion of looking into retirement benefits. He assumes the work plan for the Commission will be coming to the Council for approval and/or to get Council direction. City Manager Ruth. They have a work plan developed by the BAC and have incorporated the additional requests in it which they will be acting on probably at the next BAC meeting. Mayor Daly. They will look forward to the final work plan recommendation. C4. REPORT ON CLOSED SESSION ACTIONS: Senior Assistant City Attorney, Eleanor Egan stated that there are no actions to report. C5. COUNCIL COMMENTS: 114: City Council Regional Agency Assignments: Council Member Feldhaus. He asked the City Clerk to compile a list of all Council assignments to outside regional agencies and to indicate the need for the Council to attend the meetings. The City pays dues on some of those agencies. He finds it difficult to attend some of the meetings and he does not know how critical they are. He would also like to know what the attendance statistics have been for those Council Members serving on the agencies. He would like to know if the City comprises a quorum or just how important it is that representatives be in attendance at all meetings. 114: Consideration of Police Substation - West Anaheim: Council Member Feldhaus. Within the next 30 days, there is going to be a groundbreaking ceremony and the beginning of construction on a new Police substation in the eastern part of the City which is another milestone as well as a continuing effort to reach the ultimate zero tolerance for cdminal activity. Now that funding, location and design details are resolved, he feels it is time to look at the west end of the City for a like project. He is proposing that the Council ask the City Manager to conduct a feasibility study for the idea of building a Police substation in the westem part of the City and report back to the Council at the earliest opportunity. He elaborated on the reasons why he feels a Police substation in west Anaheim is necessary. In concluding, he asked that the City Manager's report identify the cost and the benefits and also the following: 1. Where the best location(s) would be for a Police substation in west Anaheim. 2. The ideal size with an eye toward future expansion when necessary. 3. Estimate costs and staff costs and on-going maintenance costs. He would appreciate the Council's support of this request to the City Manager and, if necessary, he will be happy to put it in the form of a motion. Mayor Daly. The request is for the City Manager to report back regarding the subject of a Police substation in west Anaheim. He asked if a motion was necessary. He assumes it would be a report back to the Council. Eleanor Egan. She stated a motion would be preferable. 2O CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY '1996 MOTION. Council Member Feldhaus moved that the City Manager conduct a feasibility study for the possibility of a Police substation located in west Anaheim incorporating the items outlined above. Mayor Daly seconded the motion. Before a vote was taken, Council Member Zemel stated he is somewhat concerned as they approach the November election there is a recommendation to spend tax dollars exploring ideas. He wondem if it would be more prudent to get the results of having a substation in east Anaheim -- what has it done relative to crime, how many more officers are on the street, etc. If this is a good idea and it has worked in east hills, he is wondering why they have not gone forward. He asked if there were any results available. City Manager Ruth. There are monthly statistics in terms of interaction with the public and in terms of quicker response. Part of the problem in east Anaheim is that the City is so elongated, there was lost travel time. West Anaheim might just be the number of calls which are far in excess of calls in the east. There is a store-front operation in west Anaheim and he would be glad to look at that in terms of benefits accrued. It has been manned by volunteers most of the time. The current operation in Anaheim Hills is more like a change station but there was also public service. Basically, it accomplished giving the Police a presence in the community and people were pleased. Council Member Zemel. If the Council would consider rewording the motion to geeing a report on existing situations rather than going into a feasibility study, he would agree. No doubt there is a need for more Police on the west side of town but he would encourage Council Member Feldhaus to change his motion to get a report first and then a feasibility study. Mayor Daly. He asked the City Manager what he would recommend as a first step. Perhaps giving the Council a preliminary report and the Council could then take further action. City Manager Ruth. That could be done. He would like to sit down with the Police Chief and based on the guidelines outlined, find out what would be involved. It would not be the intent to go outside but to do the study in house, look at the time that would be required and look at the time line when it could be brought back to the Council. He will submit a preliminary report after he speaks with the Chief. Council Member Feldhaus. Relative to a feasibility study, his intent is to know the feasibility of having a substation in west Anaheim. It is something the City Manager can accomplish. Council Member Zemel. In that case, he will support the motion. A vote was then taken on the motion cladfied as follows: That the City Manager discuss the feasibility of establishing/building a Police substation in west Anaheim with the Chief of Police determine what is involved in accordance with the guidelines outlined, and subsequently submit a preliminary report to the Council. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: By general Council consent, the City Council Meeting of July 23, 1996 was adjourned (7:40 P.M.) There is no Council Meeting scheduled for Tuesday, July 30, 1996. August 6, 1996. LEONORA N. SOHL CITY CLERK The next scheduled meeting is 21