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1996/06/18CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JUNE 18, 1996 The 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 CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl COMMUNITY SERVICES DIRECTOR: Chds Jarvi INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman HUMAN RESOURCES/LABOR RELATIONS DIRECTOR: Dave Hill PLANNING DIRECTOR: Joel Fick CODE ENFORCEMENT MANAGER: John Poole A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:41 a. m. on June 14, 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 Attomey 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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Delmonico, et al., vs. City of Anaheim, et al., and 17 related cases, Orange County Superior Court. Case No. 71-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Gamia et al., vs. City of Anaheim, Orange County Superior Court Case No. 74-70-88. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Mataxas vs. City of Anaheim, U. S. Distdct Court Case CV94-1145-RSWK. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 CONFERENCE WiTH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, Anaheim Municipal Employees Association, APA, IBEW, and unrepresented Management. CONFERENCE WITH LEGAL COUNSEL ON PENDING LITIGATION: One potential case. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 200 West Harbor Place Negotiating parties: City of Anaheim and Chapman University By general consent, the Council recessed into Closed Session. (3:05) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. ( 5:48 p.m.) INVOCATION: Pastor Kerry Duerr, Pdnce of Peace Lutheran Chumh, gave the 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 Vivian Engelbrecht on the occasion of her 90th Birthday, June 16, 1996, and recognizing her 20 years of service to the Anaheim Community Services Board. Mayor Daly briefed the many accomplishments and lifetime achievements of Vivian noting as well her service to the Salvation Army, the Arts Council, the Red Cross and Anaheim Beautiful. He and the Council Members commended her on her commitment to the Anaheim Community. Mrs. Engelbrecht accepted the Declaration and shared her 'secret' formula -- her belief in positive thinking and the inspiration she received from her parents. She also stated that the challenge is to put in a little bit more than you take out in Anaheim. 119: PRESENTATION - RECOGNITION BY THE COMBINED HEALTH APPEAL OF CALIFORNIA: A recognition of the City of Anaheim by the Combined Health Appeal of Califomia (CHA) for the Best New Campaign in 1995/96. Loretta Moody, CHA Development Director stated that she was honored to be present to extend her heartfelt gratitude and thanks to the City of Anaheim. They are a 25-year old organization and raise funds for various organizations. Two years ago, they became associated with the City in their Combined 2 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 Health Appeal which was a very successful campaign. Credit is due to Bill Sweeney, Finance Director and his Administrative Assistant, Charyl McCully. The City was nominated for the Best New Campaign in 1995/96 covering Orange County and the Inland Empire. Mayor Daly accepted the presentation/certificate on behalf of the Finance Director and his Assistant. He stated such recognitions would not be possible if it were not for the fine professional staff involved. He will be certain that the Certificate of Appreciation is displayed in a position of prominence in City Hall. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,551,814.03 for the period ending June 14, 1996, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (6:00 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Lucille Kdng, 1619 W. Lorraine Way, Anaheim. She flint complimented Police Chief Gaston and the Department's Police Officers for the fine job they do with the resources and manpower at their disposal. She disagreed with Council Members Feldhaus and Lopez who last week said that all of Anaheim was safe, including the parks, and gave her reasons why. Harold Martin, resident of Anaheim and Treasurer of the Anaheim Police Association (APA). Last year, Officer Tim Garcla was shot by an illegal alien and as a result, they asked that an INS (Immigration and Naturalization Services) Officer be placed in the City jail in order to more easily identify those who are in the country illegally when they are booked. The Association is present today after another illegal alien recently attempted to kill two of the City's Police Officers. Last month, the APA passed a resolution asking the United States Congress and Senate to make illegal entry into the United States a felony. They would like the Council to assist them with the resolution and use the prestige of their office in this regard. They are aware the Council cannot vote on the matter now but are asking that they put the matter on the agenda in three or four weeks for a vote. Council Member Zemel. The INS Pilot Program deals with those who are in the country illegally commiting crimes against persons and property, it is a crime-fighting measure. There should not be a crossover with the new issue that is being raised because they are two separate issues. He would be supportive of discussing the other issue but in no way are they tied together. Mayor Daly. He asked the City Manager to evaluate the proposal of the APA and coordinate with the Police Chief and the City Attorney's Office to analyze it and look at the benefits and costs to the City, i.e., the procedural aspects. It will involve a change in Federal law. It would be helpful to note the anticipated impact to the City. Bruce Bottolfson, President, Anaheim Police Association. The Association is only asking for support. (See resolution submitted to the Council for information - "To provide all local, county and state law enforcement agencies with the powers of arrest of those persons that have illegally entered the United States of America~") It is obviously a Federal issue and a Federal law that has to be dealt with. The Council was very helpful and consistent on the INS issue which is in place and working very well. This is 3 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1991 not pdmadly a Hispanic issue but a law issue. It is an upgrade of what they did 20 years ago. In the "old days' if somebody was an illegal alien, they coutd be picked up and the INS would come and get them. They are asking the Federal Government for authority to do that again. Relative to the issue of safety in the parks, that is still a problem. He runs through Pearson Park every day. If people are living in a park, parks are still a problem. They are doing better, the parks are safer, but they ere not truly safe. The war is not yet won. Council Member Feldhaus. He did not say the war was won, but that the parks were much safer and there was no problem going to the parks. Mayor Daly. On the resolution that the APA has provided and asked Council support, he asked Mr. Bottolfson if they are pmcoeding to ask someone at the Federal level to carry a Bill or if other communications were under way where they are seeking the U.S. Congress to pass a law. He wants to know where Anaheim fits in this change of Federal law they are seeking. Bruce Bottolfson. Anaheim has been at the forefront of the illegal immigration issue. The INS plan is considered the 'Anaheim Plan' back in Washington, D.C. APA is proceeding and they have also been in communication with the government on 'putting a bite' into deportation. Mike Edmiston, 744 Fairway, Anaheim. As stockholders(citizens) in the corporation(City), the citizens request and require that their Board of Directors (Council) make intelligent, logical, unbiased decisions. He does not think that can be done if there is a conflict of interest. Council Member Lopez is a City employee and is a Member of the City Council. He referred to S.B. 236 enacted July 31, 1995 which specifically prohibits any City employee or agency employee from holding a public office at the same time. He (Lopez) was already on the Council when the Bill passed. He is concerned that Council Member Lopez said he would resign if elected, but that has not happened. He feels a City employee deciding on budget issues is a conflict of interest. He is requesting that S.B. 236 become part of the City Charter and City employees not be elected officials. Amin David, 419 S. Colt, Anaheim. He cautioned the Council about moving too fast on the resolution placed before them by the APA. He feels it will destroy all kinds of Police community relations that have been built over the years. The mere fact of the association of the INS with the Police Department wreaks havoc in the community. Communities will not report cdmes because the person who is coming to investigate wears one half of the Police uniform and one half iNS. Thugs will move in and cdme will be rampant because there will not be community policing. They have been ravaged by the mentality of the INS in their community and they are not very empathetic with that mentality. He asked that they please consider that as they move and deliberate on this awesome undertaking. Camia Roddguez, 1205 W. Lynne, Anaheim. She is in support of what Mr. David has said. immigration is a problem for the ones who make the problem. In all nationalities, there are good and bad people. They are hard-working people. Her question is how they are going to identify illegal immigrants -- will it be by color, and will she be stopped. She had this trouble peforo and hopes it does not start all over again. Their people just want to work hard. She feels the Police Officers need more training. When they call regarding problems in their community, the Police do not respond dght away and when they do come they do not know how to handle the situation. She believes they are not doing their job dght. She urged the Council to not even consider the petition (resolution by the APA). They will only be bringing about more problems. Council Member Zemel. He wants it to be perfectly clear that with the existing INS program, every suspect that is brought in regardless of color or anything else, is asked the same sedes of questions; Mre. Reddguez. They understand that the people who commit the cdmes have to pay. Lately on the news, however, there has been more harassment to the Hispanic people so it is a wornj. 4 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 Leonard Lahtinen, Savoy Place, Anaheim. He referred to a newspaper article that a proposed juice bar is opening in West Anaheim (comer of Magnolia and LaPalma at Woodland). He knows it is premature because it has yet to go to the Planning Commission. This will be the 8th nude type entertainment establishment in Anaheim. He referred to the establishment on Ball Road where the City felt under the current ordinance as of 1994 the City could not stop that type of business in the area it was located. He wants to know why they do not have an effective way two years later to deal with this type of business. He understands there are constitutional rtghts that have to be observed, but it seems to him the City is not doing a good job of controlling this type of entertainment. The Jobar family who is interested in locating this business in West Anaheim want to get it done quietly so that people do not get too upset. He wants them to get upset. He is urging the Council to review the ordinance relative to these businesses. Mayor Daly. He does not know if Mr. Lahtinen has spent time discussing this matter with the City Attorney. He is disappointed that he (Lahtinen) does not have all the facts in hand. It is very frustrating because they have been dealing with this issue for such a long time and if there were simple solutions, those would have been pursued and put in place immediately. He then asked the City Attorney to comment on some of the background facts. City Attorney White gave an extensive explanation starting with the U,S, Supreme Court decision in 1980 holding that this type of activity is protected under the First Amendment. There are certain things the City could do and has done through its codes that would be the most restrictive and controlling. There is no city in California that wants, encourages, fosters or condones these businesses. He also explained dudng his presentation all of the things his office has done and is continuing to do with the applicable ordinances. He would be happy to talk to Mr. Lahtinen or any other citizen about the need to share their experiences and also to get some of their ideas. Council Member Tait. If all five Council Members voted to outlaw such businesses, he asked what would happen. City Attorney White. The City would be sued by whoever was applying and probably end up in Federal Court. The court would find the Council acted unconstitutionally and would mandate that the business be allowed and in all likelyhood allow it without the type of controls contained in the current ordinance. The City would also pay damages in the form of whatever the plaintiff could demonstrate they lost and also pay all attorney's fees. He then reported that on the two suits that the City lost, the cost to the City was approximately $150,000 to $175,000. At the request of Council Member Zemel, he then elaborated on what was being done at the State level in the case of Anaheim working with Assemblyman Jim Morrissey and others in the State Legislature. They are working to try to help the City get legislation changed. Leonard Lahtinen. He appreciates the City Attorney's comments but was offended for being berated by the Mayor for bringing the matter up. He hopes they will continue to fight the problem. Dr. Howard Gather (35-yr. resident). He is present representing A.C.R.U. (American Civil Responsibilities Union). They are supporting the resolution received from the APA. (See earlier discussion.) They believe in balancing civil liberties with civil responsibilities, On the general subject of illegal immigration, he referred to the resolution that ACT, a Committee of ACRU, submitted in March of 1994 on a related subject. They commend the Council and particularly Council Member Zemel for spearheading the effort to get the INS involved and stationed in the City jail. He is going to be brief by merely stating that the resolution he is going to read from ACRU, also sponsored by CAN, another organization involved in the effort to promote Proposition 187, is essentially the kind of resolution he would present today but just substituting the words SOS in the resolution for the APA resolution. He then read the resolution that was submitted to the Anaheim City Council on March 1, 1994. (The resolution was also submitted again under letter of June 18, 1996 along with other attachments - made a part of the CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 18, 1996 record). After reading the resolution, he stated they totally and strongly support the resolution that is to be submitted by the APA to the Council. He hopes this time the resolution will be passed in some form and that the Council will take the initiative in California and the nation to show what municipalities can do to stem the tide of illegal immigration into the country and all of the things he mentioned in the resolution. Whether Federal, State or local ordinances, obedience to the law should not be selective. Tom Steel, 524 E. Center St., Anaheim. He referred to a newspaper article about the plan to make the front of City Hall a more pleasing gathering place. He believes the money should be spent on graffiti abatement instead. He also noted that there was a palm tree damaged in the January storm by his house. He had to threaten calling the Council to get it cut down. Now he finds out that there is no money to replace it. The tree was forced upon the homeowner's association by Redevelopment. The City ought to put more funds into Parks and Recreation than the scheme proposed for the front of City Hall. If they cannot find the money to replace a tree at $2,500, he feels something is wreng. Phil Knypstra, 2520 Gelid Avenue, Anaheim. (Also see comments made by Mr. Knypstra with regard to C. items under that portion of the agenda. The comments were, however, made at this time.) Regarding the comments made that Council Member Feldhaus does not support law enforcement, he has known Mr. Feldhaus for a long time and there is no doubt he is a very streng supporter of the Police Department and law enforcement in general. The lady who spoke earlier is not informed. Relative to Council Member Lopez, citizens knew full well he was a government employee when he ran for Council and he received the most votes in the last election. For people to make a commentary it is different for a City employee to be a Council Member may be tree, but the people voted for Council Member Lopez - they don1 mind, and he doesnl mind. The person who made that comment is also wrong. Kempton Kilbar, 757 Mockingbird Way, Anaheim. He expressed his cooncom to Council Member Feldhaus that he did not support the Police Department in approving the budget. He feels the budget passed is not a balanced budget. Council Member Feldhaus. The Council put five new additional Police Officers on the street with the 1996/97 Budget, plus 22 and 9 previously. Thirty-six new Police Officers have been added to the force since he has been on the Council. The goal is to add 50 new officers and with the City Manager's guidance, they will add the balance of 19. He refutes comments that Police Officers have not been added and that he does not support the Police Department. Council Member Tait. He has worked with Council Member Feldhaus for over a year on the Council, and crime and crime prevention are his No. 1 priorities. For anyone to suggest otherwise about Council Member Feldhaus is to be misinformed. Linda McPherson, Alomar Street. Anaheim. This is the first Council meeting she has attended and she expressed concern that the Council meeting started 50 minutes late. Her issue is that she lives next to Willow Park and has since 1982. During that time, she has seen a lot of crime in the park and knows of many homes that have been broken into on her street. She also notes at the park that the grass is brown. She was told by a groundskeeper that it is brown because it costs too much to keep it watered. Also, the lights in the park were off in the middle of the night. She believes that lights are a deterrent to cdme and should be a high priority. She would also like to see more emphasis being placed on the outlying areas and not just downtown. 6 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 City Manager Ruth. Basically over the past several years, there have been budget cuts throughout the City with a greater effort to conserve both energy and water throughout the parks system. They have done different things to economize. The bottom line is that it is a cost-saving measure but w~th a minimal material negative impact. If Willow Park is being treated differently, staff will take a look at that. Chris Jarvi, Director, Community Services Department. The park lights are turned off at 2:00 a.m. Based on the studies they have done, the majority of the crime they do get in the parks is from dusk until about 1:00 a.m. It is not a change, but something the department has been doing as long as he can remember. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Agenda items A3, C2 and C3. See discussion under that item. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of June 18, 1996. Council Member Zemel seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, 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 offered Resolution Nos. 96R-109 through 96R-113, both inclusive, for adoption. Mayor Daly offered Ordinance No. 5567 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 Elizabeth M. Weatherford for property damage sustained purportedly due to actions of the City on or about March 2, 1996. b. Claim submitted by Isaias Alvira, Jr. for property damage sustained purportedly due to actions of the City on or about April 19, 1996. d. Application for leave to present late claim submitted by Donna Isaacsen for property damage sustained purportedly due to actions of the City on or about September 1, 1995 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of April, 1996. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held April 24, 1996. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held May 8, 1996, and May 22, 1996, and the special meeting held May 15, 1996. 7 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 Council Member Feldhaus. He is encouraged to see that the total patron count is 10,000 patrons over Apdl, 1995 and that 1,500 more patrons are using the Bookmobile. The recently formed Library Foundation and the Library Board are doing a great job. The recent Crime-A-La-Carte fund raiser netted $10,500. It is very commendable. A3. 168: RESOLUTION NO. 96R-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RENAMING CLEMENTINE STREET TO FREEDMAN WAY DUE TO THE FUTURE WIDENING OF THE SANTA ANA FREEWAY, AND ESTABLISHING THE DATE OF SAID NAME CHANGE. (Continued from the meetings of May 7, 1996, Item A5, and May 21, 1996, Item A6.) Sharon Lesk, Leo Freedman Foundation. She is present to talk about a community that works well together especially with regard to the renaming of Clementine to Freedman Way. There was a little miscommunication in the beginning, but James Ruth, City Manager and Richard Bruckner, Redevelopment/Economic Development Manager were quite helpful in re-establishing a dialogue. She recounted what had occurred relative to the renaming and the resolutions sought. Unbeknownst to her, Joyce Young, a business owner in Anaheim, went to Nick Becker, the man who owns the entire business complex in the subject area and the building where Mrs. Young's business is located, and it was his suggestion to rename the complex, Freedman Center. There will be a large sign visible from the freeway and they do not even have to deal with Caitrans. She is delighted with the resolution as well as the Trustees of the Freedman Foundation. She thanked the Council and staff for the courtesies extended to her and the staff. Mayor Daly. He wants to know exactly which portion of Clementine is to be renamed. He knows it extends to Katella Avenue to the south but wants to know how far north it extends. City Clerk Sohl noted that there is a corrected resolution which was submitted but in not enough time to be inserted in the Council packets. City Attorney, Jack White. The resolution now before the Council renames Clementine from existing Freedman Way to Katella Avenue. AS. A6. A7. 175: Awarding the contract to the lowest responsible bidder, SRD Construction, in the amount of $200,371 for Large Valve Replacement and Meter Vault Rehabilitation; 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. 150: Declaring Woodcliff Corporation's bid proposal non-responsive, and awarding the contract to the second lowest responsive bidder, Micon Engineering, Inc., in the amount of $234,958.05 for Schweitzer Park Play Area Improvements. 175: Awarding the contract to the lowest responsible bidder, Pouke and Steinle, inc., in the amount of $2,386,557.98 for Construction of Underground 12/6.9kV Distribution Systems Underground Service Convemions, Street Lights, Traffic Systems, and Removal of Overhead Facilities for Underground District 20 Lincoln Avenue/Brookhurst 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. 123: Approving a Second Amendment to the Agreement between Computer Services Company and the City of Anaheim, extending the term of the traffic signal maintenance services agreement for one additional year. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 A8. 155: Determining that the Mitigated Negative Declaration, previously approved by the Orange County Transportation Authority is adequate to serve as the environmental documentation for the Imperial Highway Smart Street Implementation Plan. 169: RESOLUTION NO. 96R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE IMPERIAL HIGHWAY SMART STREET IMPLEMENTATION PLAN FOR THE SEGMENT BETVVEEN YORBA LINDA BOULEVARD AND SANTA ANA CANYON ROAD. Ag. Al0. 160: Accepting the Iow bid of Allied Sprinkler Company, in the amount of $33,000 for the installation of a booster pump assembly, including a six inch reduced pressure backflow prevention device, in accordance with Bid #5509. (Dad Miller Golf Course.) 160: Accepting the bid of Southwest Power, Inc., in the amount of $81,138 for three 2500 K.V.A. three phase padmount transformers, in accordance with Bid #5551. Accepting the bid of Pauwels Transformers, Inc., in the amount of $38,784 for two 75 K.V.A. and five 112.5 K.V.A. three phase padmount transformers, in accordance with Bid ~L5551. Accepting the bid of Cooper Power Systems, in the amount of $183,455 for four 225 K.V.A. 277 volt; eleven 225 K.V.A. 120 volt; ten 300 K.V.A. 120 volt and one 300 K.V.A. 277 volt three phase padmount transformers, in accordance with Bid #5551. Accepting the bid of Wesco Utility Sales, in the amount of $276,159 for six 75 K.V.A.; two 112.5 K.V.A.; three 150 K.V.A.; two 500 K.V.A., 120 volt; two 500 K.V.A., 277 volt; two 750 K.V.A. six 100 K.V.A. and four 1500 K.V.A. three phase padmount transformers, in accordance with Bid #5551. All. 160: Accepting the bid of Kuhlman Electric Corporation, in the amount of $8,796 for four 100 K.V.A. single phase subsurface transformers, in accordance with Bid #5550. Accepting the bid of Central Maloney c/o Southcoast Utility Sales, in the amount of $80,967 for one 15 K.V.A., eight 25 K.V.A., ten 50 K.V.A., five 75 K.V.A. and six 100 K.V.A. single phase subsurface transformers, in accordance with Bid #5550. A12. 127: RESOLUTION NO. 96R-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA, RELATING TO CHARTER CITIES. RESOLUTION NO. 96R-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1996, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. RESOLUTION NO. 96R-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996. 9 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 18, 1996 A13. 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, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local ereergency at this time. A14. 123: Approving an Agreement with the Anaheim City Elementary School District to provide Park Ranger patrols of school facilities.. A15. 142: ORDINANCE NO. --- (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SECTION 6.30.066 TO CHAPTER 6.30 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PROHIBITING SMOKING IN OR ON THE EXTERIOR GROUNDS OF THE ANAHEIM PUBLIC LIBRARY. Council Member Feldhaus. Although he agrees with the recommendation, one area he does not agree with is prohibiting smoking in the parking lot since it is nowhere near the entrance. He clarified for the Mayor he is suggesting that the parking ama be deleted from the ordinance. Council Member Lopez. That portion was also brought to his attention by the press. It is also of concern to him. It is necessary to find a location where smoking is allowed. He does not smoke but as a parent, he has had occasions to wait at the Library for his children where he notes that other parents are also waiting and library patrons are leaving the building to smoke. There should be someplace they can do so. Mayor Daly. The ordinance does have soree flexibility. The area would have to be posted. If staff in their experience in operating the libraries is not having problems in certain parking lots or certain entrance areas, those would not have to be posted. He asked staff how they intend to implement the proposed no-smoking areas. Chris Jarvi. The proposal came about as a result of complaints and also the request of the Friends of the Library reade to the Library Board. They intend to deal with those areas directly outside the doom and not the partY, lng lots and other areas. The intent is to post only outside the front door. Secondly, they can work on designated areas. They are not trying to chase patrons away but are trying to insure that they do not smoke outside the front doom. Council Member Tait. He does not see the need for the ordinance. He has no problem controlling the inside of the building but on the outside it is an unwarranted restriction on someone who wants to smoke. Council Member Zemel. He feels a sign asking that people do not smoke in a particular area should be used to deal with the problem instead of creating an ordinance. He would like to see that tried first. Chris Jarvi confirmed for the Mayor that the Library Board requested the ordinance and voted unanimously for it. Also, a sign is meaningless unless it can be enforced. They have tded to work with some of these issues particularly at the Canyon Hills Library. The persons outside the library are not patrons and they tend to harass people coming into the library. MOTION. There was additional Council discussion, recommendations and also input from staff at the conclusion of which Council Member Zemel moved to disapprove the recommended ordinance and instead request staff to come up with an alternative approach to accomplish the goals and (?bjectives which have concerned the Library Board. Council Member Lopez seconded the motion. MOTION CARRIED. The proposed Ordinance was, therefore, not introduced. 10 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 A16 123: Approving a License Agreement with Feedback Foundation, Inc., to utilize Brookhurat Community Center on a shared basis to provide a comprehensive meal program including recreational activities and social services to senior citizens through June 30, 1997. A17. 123: Approving an Agreement with National Association of Senior Citizen Softball for the purpose of conducting the second annual Senior Softball Wodd Series Qualifying Toumament. A18. 123: Approving an Agreement with Canyon Hills Community Council to provide $5,000 in Council Contingency Funds for the presentation of the Eighth Annual July 4th Festival at Peralta Canyon Park. A19. 123: Approving an Agreement with the County of Orange, in a maximum not to exceed amount of $83,777 for Gang Suppression Services; and authorizing the Chief of Police to execute said Agreement and make any adjustments in the allocation of funds within the Agreement. A20. 123: Approving an Amendment to Lease Agreement with Ohio Teachers Retirement System for the Festival Center Police Substation. A21. 177: Authorizing the Mayor to execute a letter of endorsement for an application for 50 certificates under the Section 8 Family Unification Program. 123: Authorizing an Agreement with Tentek, Inc., Harte Enterprises, John Cappelletti Associates, and MIDCOM for general business contract programming services, in an amount not to exceed $500,000 aggregate; and authorizing an Agreement with American Management Systems, Inc., for contract programming and/or consulting services pertaining to the City-wide Financial System in an amount not to exceed $100,000 aggregate. 123: Approving an Agreement with the Orange County Health Services Agency for animal control services for the pedod of July 1, 1996 through June 30, 1997, in an amount estimated by the County of Orange to be $367,165 for fiscal year 96/97 (precise cost to be based on field, shelter and licensing actions), and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A24. 139: Approving the recommended positions on the following legislative proposals, and authorizing the Mayor to communicate the approved positions to representatives in Sacramento: A. SUPPORT - AB 3365 (Campbell) regarding Gang Violence Suppression Program funding. B. SUPPORT - AB 2846 (Sweeney) regarding local agency requirements associated with sphere of influence. C. SUPPORT - AB 2597 (Alby) conceming electdc utility restructuring stranded costs. D. OPPOSE - SB 1471 (Russell) which amends existing law regarding bonds, liens and foreclosure relating to Mello-Roos districts. E. SUPPORT - AB 2739 (Figueroa) concerning the State Iow-income tax credit allocation committee, Kris Thalman, Intergovernmental Relations Officer gave a detailed explanation of the proposals under Item C., D. and E. at the request of Council Member Feldhaus; City Attorney White also explained for Council Member Feldhaus relative to Item D., Mello-Roos taxes are liens on the property and if not paid, the remedy available to the City is to foreclose on the property to make sure the taxes are paid. He also cladfied additional questions posed. 11 CiTY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 1996 Council Member Zemel abstained on Item D. under A24. A25. 108: ORDINANCE NO. 5567 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.99,010, 4,99.030, 4.99.050 AND 4.99.060 OF CHAPTER 4.99 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE RETAIL SALE OF CONCEALABLE FIREARMS. (Introduced at the meeting of June 11, 1996, Item A15.) Council Member Zemel. He asked if this was solely for moving from one department to the other' and there was nothing new and more restrictive; Staff confirmed Council Member Zemel's underetanding. A26. 153: RESOLUTION NO. --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO, 91R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART- TIME. (CERTAIN PART-TIME RECREATION CLASSIFICATIONS.) (Continued from the meeting of June 11, 1996, Item A20.) Council Member Feldhaus. He was looking for comparisons for people in cities in Orange County and Riverside. The report came back with a total of ten comparisons which include four from Los Angeles. There are 31 cities in Orange County, but only six cities were used in the comparison. Dave Hill, Human Resources Director. What staff wanted to determine in looking at the labor market -- what is the labor market the City competes with and what agencies have similar programs. In using Brea, that City operates a recreation program far beyond its boundaries. They are a substantial operator in the recreation business and that is why they selected Braa as being relevant to Anaheim's labor market. The agencies in the report were not selected based on being the highest payers but the programs most similar to Anaheim in size, complexity and in tree competition with the City. Afle.' additional discussion and questioning, Council Member Feldhaus stated they can proceed with an action on this item but he is going to oppose it; Council Member Lopez suggested that Council Member Feldhaus again pull the item for more information. MOTION. Council Member Feldhaus moved to continue Item A26. for one week. Council Member Lopez seconded the motion. MOTION CARRIED. 123: Approving an Assignment of Rights Under Written Contract (Assignment) in a Reimbursement Agreement from The Presley Companies to BHL Investments, Inc. (reimbursement for the design and construction of Deer Canyon Reservoir). 123: Waiving Council Policy 401, and approving an Agreement with Kingston Cole & Associates, in an amount not to exceed $80,000 for consulting services to assist the Public Utilities Department in the development of a universal telecommunications system; and authorizing the Public Utilities General Manager to execute the Agreement and any other related documents on behalf of the City. Mike Bell, Assistant General Manager. Finance & Administration/Utilities. He clarified questions posed by Council Member Feldhaus relative to the agreements. 12 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 1996 A30. A31. A32. A33. 1751159: Approving the Fiscal Year 1995/96 write-off of uncollectible accounts totaling $747,094 for Utilities and Sanitation with the Sanitation Division's portion of the bad debt write- off at $85,916. The recommended write-off amount represents 0.258% of the current year's revenue of $289,839,538. 123: Approving an Agreement with Economic and Engineering Services, Inc., for consulting services for the preparation and presentation of electric marginal and embedded cost-of-service studies and design of electric rates at a not to exceed contract cost of $128,210; and authorizing the Public Utilities General Manager to execute said Agreement and any related documents on behalf of the City. 123: Approving a License Agreement with AirTouch Cellular, Incorporated and the City of Anaheim for the lease of pole space on solely owned (ID-All') poles; and authorizing the Public Utilities General Manager to execute said Agreement and related documents on behalf of the City. 123: Approving an Agreement with Ernst & Young LLP, to perform the annual audit of the City's financial records for the fiscal years ending June, 1996, 1997, and 1998. 114: Approving minutes of the Anaheim City Council meeting held May 21, 1996, and the special meeting held June 4, 1996. CONSENT CALENDAR. Roll Cell Vote on Resolution Nos. 96R-109 throuqh 96R-1131 both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-109 through 96R-113, both inclusive, duly passed and adcpted. Mayor Dsly offered Ordinance No. 5567 for adoption. Refer to Ordinance Book. Roll Call Vote on Ordinance No. 8867 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5567 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. MOTION, After the completion ofthe Consent Calendar, on motion by Mayor Daly, seconded by Council Member Lopez, Items A2., A24. and A28 were approved. Council Member Zemel abstained on Item A24, Item D. MOTIONS CARRIED. 13 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 18, 1996 A34. CONTINUED ACTIONS CONCERNING 1996/97 FEES: This matter was continued from the meeting of June 11, 1996, Item A27. See minutes that date. Submitted was an additional report dated June 18, 1996 from Chds Jarvi, Community Services Department regarding adjustment of fees for the Public Libranj Facilities Plan for the East Santa Ana Canyon area. See previous report dated May 12, 1996 on the adjustment of vadous assessments to be charged by the Department of Public Works. Council Member Tait. He appreciates staff's additional background information relative to the fees he questioned at last week's meeting. He is ready to support the recommendations at this time. Council Member Tait offered Resolution No. 96R-114 and 96R-115 for adoption. 000: RESOLUTION NO. 96R-114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM (VARIOUS FEES AND FEE DEPOSITS). (RESOLUTION 96R-96 ADOPTED AT THE MEETING OF JUNE 11, 1996, ITEM A27E, EXCLUDING THE DEVELOPMENT ASSESSMENT FEE PORTION WHICH WAS CONTINUED TO THIS DATE.) Roll Call Vote on Resolution No. 96R-114 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-114 duly passed and adopted. 140: RESOLUTION NO. 96R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE FEE FOR THE PUBLIC LIBRARIES FACILITIES PLAN FOR THE EAST SANTA ANA CANYON AREA. (Continued from the meeting of June 11, 1996, Item A2.7L.) Roll Call Vote on Resolution No. 96R-116 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: Zemel MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-115 duly passed and adopted. A35. 106: RESIGNATION FROM COMMUNITY CENTER AUTHORITY: Accepting the resignation submitted by Mr. William H. Currier from the Community Center Authority, and directing the City Clerk to post an unscheduled vacancy on this Board. Submitted was report dated June 13, 1996 from the City Clerk. 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 1996 MOTION. Mayor Daly moved to accept the resignation of William H, Currier from the Community Center Authority and that a letter of thanks and appreciation be prepared to be sent to Mr. Currier. Council Member Zemel seconded the motion. MOTION CARRIED. Mayor Daly. He noted that the vacancy will be posted and advertised according to the normal procedure; Council Member Feldhaus asked if there are qualifications for being on the Authority Board and, if so, he would like to know what those am. ITEMS B1 - B5 FROM THE PLANNING COMMISSION MEETING OF MAY 29. 1998: INFORMATION ONLY -APPEAL PERIOD ENDS JUNE 20, 1996: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3835 AND NEGATIVE DECLARATION: OWNER: THEODORE K. SIDERIS and EVA JOAN SIDERIS, Trustees of the Sideds Family Trust, 1520 Marine Avenue, Manhattan Beach, CA 90266 AGENT: FRANK KYRIAKOS, 899 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 899 South Anaheim Boulevard {Ted's Buroers). Property is a rectangularly- shaped parcel of land located at the northwest comer of Vermont Avenue and Anaheim Boulevard. To permit a drive-through lane in conjunction with an existing fast-food restaurant with waivers of minimum number of parking spaces and minimum drive-through lane requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3835 DENIED (PCg6-46) (6 yes votes, I absent). Denied waiver of code requirement. Approved Negative Declaration. B2. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3836 AND NEGATIVE DECLARATION: OWNERS: ARCO PRODUCTS COMPANY, Attn: John Lindskog, 4 Center Pointe Ddve, 3rd Floor, La Palma, CA 90623 LARENCE D. and RHEA L. MEDDOCK FAMILY TRUST, 1420 E. Katella Avenue, Anaheim, CA 92805 AGENT: ROBERT H. LEE & ASSOCIATES, Attn: Tom Riggle, 1201 S. Beach Blvd., Suite 207, La Habra, CA 90631 LOCATION: t80t South State ColleQe Boulevard (Arco Service Station).. Property is approximately 0.91 acres located at the southwest comer of Katella Avenue and State College Boulevard. To establish a 2,Tg6-square foot service station with an accessory convenience market providing off-premises sale and consumption of beer and wine with waivers of minimum number of trees and required parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3836 GRANTED, IN PART, (PC96-47) (6 yes votes, I absent). Denied waiver of code requirement. Approved Negative Declaration. 15 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 Council Member Feldhaus, answering the Mayor, stated that he did not know about setting a separate Public Headng on this matter, but wanted to comment and ask a couple of questions. Council Member Lopez. He wants to pull this item for a Public Hearing; Council Member Feldhaus thereupon concurred. Council Member Feldhaus stated that relative to the proposal, he felt it was restriCtive to tell someone they cannot have a pay phone on their property. The business should be able to put a pay phone on private property. Secondly, his bigger concem is what happened to the requirements imposed in the past that included clean and properly maintained mst moms be provided during hours of operation in filling stations. When he was on the Planning Commission, well-maintained restmoms were a requirement and somehow it seems the requirement has been dropped. Council Member Tait declared a conflict on this item and, therefore, abstained from any discussion or action. A Public Hearing will be scheduled on this matter at a later date. B3. 179: WAIVER OF CODI~ RECIUIREMI~NT CONDITIONAL USE PERMIT NO. 3834 AND NEGATIVE DECLARATION: Boulevard, Los Angeles, CA 90040-3102 LOCATION: 1520 North Lemon Street (Anaheim Drive-ln}. Property is approximately 23.13 acres located at the southeast comer of Durst Street and Lemon Street. To permit a multi-screen theatre and entertainment complex (including two full-service restaurants and one drive-through restaurant) with waivers of (a) minimum structural setback, (b) maximum number of freestanding signs (deleted), (c) minimum distance between freestanding signs (deleted), (d) permitted types of signs (deleted) and (e) required parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3834 GRANTED, IN PART, (PC96-48) (6 yes votes, I absent). Waiver of code requirement APPROVED, IN PART waivers (a) and (e) approved, and waivers (b) (c) and (d) were deleted following public notification. Approved Negative Declaration. Mayor Daly. He asked if Planning staff was comfortable with the Planning Commission decision regarding the landscaping and the various uses proposed. There was a site plan approved for restaurants and fast foods but they do not know who the operators are. That is of concern to him.. Joel Fick, Planning Director. Staff believes it is a quality project and supports it as does the Planning Commission. The Commission did discuss some of the items raised. The approval of the theater complex does permit them to go out and market the satellite uses on the properly. That was a key. The architecture will be brought back. The exterior elevations will be brought back before the Planning Commission for review except for the theater and the theaters are set back from the street. He clarified for the Mayor that all signage will be brought back as well. Relative to the landscaping, it was consolidated to provide the greatest impact in the street scape. Staff was supportive of the proposal. He also believes it is yet to be determined if the fast-food restaurants am going to be 24 hours and clarified that is a futura decision. 16 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 18, 1996 John Lower, Traffic and Transportation Manager then explained for Council Member Lopez, it is Patt Street that 'goes away' on the east bound side of the freeway. The construction will provide a split diamond so that vehicles from beth directions will be able to exit and enter from the freeway. He explained how this would occur. The owners are aware of the new configuration. Eventually, there will be an excess parcel where pen~aps they can expand their site in the future if they can work something out with Caltrens. REPORT AND RECOMMENDATION ITEMS: 179: CONDITIONAL USE PERMIT NO. 1731 ~ INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated (Code Enforcement), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Prooertv is located at 408 South Brookhurst Street. City Initiated request to initiate revocation or modification proceedings for Conditional Use Permit No. 1731 (to permit on-sale beer and wine in a restaurant). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated revocations or modification proceedings. BS. 179: VARIANCE NO. 1945 - 3 - INITIATION OF REVOCATION OR MODIFICATION PROCEEDINGS: City Initiated (Cede Enforcement), 200 S. Anaheim Blvd., Anaheim, CA 92805. LOCATION: Prooertv is located at 1126 North Anaheim Boulevard. City initiated request to initiate revocation or modification proceedings for Variance No. 1945-3 (to permit the operation of a restaurant). ACTION TAKEN BY THE PLANNING COMMISSION: Initiated revocation or modification proceedings. ITEM B6 FROM THE PLANNING COMMISSION MEETING OF MAY 30, t996: INFORMATION ONLY-APPEAL PERIOD ENDS JUNE 21, 1996: 179: ENVIRONMENTAL IMPACT REPORT NO. 320 AREA DEVELOPMENT PI_AN NO. t20 INITIATED BY: CITY OF ANAHEIM, Planning Department, ATTN: Greg McCafferty, 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: The subject proposal is located on the approximately 15g-acre Anaheim Stadium property. The property is generally bounded by Katella Avenue on the north, SR-57 (Orange Freeway) and Santa Ana River on the East, Orangewood Avenue on the south, and State College Boulevard on the west. Proposal to establish land use and development densities on the Anaheim Stadium property. ACTION TAKEN BY THE PLANNING COMMISSION: Area Development Plan No. 120 APPROVED (PC96-50) (5 yes votes, 2 absent). EIR NO. 320 CERTIFIED (PC96-49). END OF THE PLANNING COMMISSION ITEMS. 17 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JUNE 1996 B7. 179: CONDITIONAL USE PERMIT NO. 1978 (PACIFIC INN MOTELi REQUESTED BY: SUMANBHAI N. PATEL AND NIRMALABEN S. PATEL dba THE PACIFIC INN MOTEL LOCATION: 426 South Beach Boulevard. Attorney for Appellants: Had S. Lal, Esq., Paul S. Saghere, Esq., HARI S. LAL & ASSOCIATES 100 South Anaheim Boulevard, Suite 320 Anaheim, CA 92805 Request for a modification of a condition of approval pertaining to the limitation of time for a 23- unit motel. 179: RECOMMENDATION OF HEARING OFFICER RELATING TO APPEAL OF PLANNING COMMISSION DECISION TO DENY AMENDMENT OF CONDITIONAL USE PERMIT NO. 1978 (PACIFIC INN MOTEL): Adopting the Finding of Fact submitted by the Hearing Officer, Victor J. Kaleta, Esq., and taking action as follows: 1) Deleting Condition No. 14 of Conditional Use Permit No. 1978 would have resulted in Conditional Use Permit No. 1978 expiring as of January 10, 1996; and 2) Amending conditions of approval of Conditional Use Permit No. 1978 by deleting the (18) new conditions added by the Anaheim City Planning Commission on July 10, 1995 (Resolution No. P.C. 95-78) and by adding the 15 new conditions described in Finding No. 3 as Modified Conditions of Approval. City Attorney White. This item relates to a Conditional Use Permit that was approved by the Planning Commission in 1995 relating to the Pacific Inn Motel. The conditions imposed in 1995 had a time limit-~tion that provided that the CUP would expire in six months which would have been January 19, 1996. The owner filed an application to amend the conditions to extend the time or to delete that condition to allow the motel to continue operation. Because of the problems in that area and with that operation, the Planning Commission determined to deny the request to extend the time limit. The matter was appealed and referred to a Hearing Officer who has made a recommendation based upon a stipulation that was arrived at between City staff and the owner of the hotel that would allow the hotel to continue in operation for an additional six-month period of time and adding 15 new conditions to the operation of the hotel. The recommendation of the Hearing Officer is before the Council tonight for consideration. A Public Hearing was held by the Hearing Officer. This is not a headng. Mayor Daly. He asked if Planning staff was comfortable that the proposed new conditions agreed to by the property owner are stringent enough. Joel Fick, Planning Director. Code Enforcement, Planning staff and the Police Department are comfortable with the conditions. Mayor Daly. If there are violations, he asked if staff was confident they have adequate means to move quickly to solve the problem; Joel Fick. He answered yes, and if there are violations, the matter would be brought back before the Council. He also clarified for Council Member Lopez that relative to spot checks of the operation, there are conditions where Code Enforcement will be inspecting the site which he believes will be two times a month for the timt two months. The site will be monitored. 18 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 Mayor Daly offered Resolution No. 96R-116 for adoption. RESOLUTION NO. 96R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE FINDINGS OF FACT AND RECOMMENDATIONS OF THE HEARING OFFICER REGARDING MODIFICATION OF CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 1978. Mayor Daly offered Resolution No. 96R-116 for adoption. Refer to Resolution Book. Roll Call Vote on Resolution No. 96R-1'16 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor dectared Resolution No. 96R-116 duly passed and adopted. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there were no actions to report. C2. 114: THEFT OF SHOPPING CARTS: Discussion requested by Council Member Feldhaus at the meeting of May 21, 1996, Item C2., pertaining to the subject of theft of shopping carts resulting in abandoned carts all over the City. Submitted was report dated June 13, 1996 from the City Attorney, Jack White - Subject: Abandoned Shopping Carts, and also report dated June 6, 1996 from Gary Johnson, Director of Public Wonts/City Engineer on the same subject. Phil Knypstra, 2520 Gelid, Anaheim. He is glad to see that Council Member Feldhaus asked that the shopping cart issue be placed on the agenda because it is an important one. He (Knypstra) thinks it is a lack of government will and law enforcement not doing something about this problem. He would encourage the entire Council to support Council Member Feldhaus on this issue. He reiterated it is very important especially if people care about the prices they pay at the supermarket. Bob Linn, resident of Anaheim. He is also concerned about the shopping carts. In Europe, the stores require a deposit which he thought was a great idea. Back east, one of the big chains abandoned the idea after six months because of a protest from customers. Part of the problem relates to cultural differences. Council Member Feldhaus thanked staff for the reports and recommendations brought forth. He supports the suggestions of identifying the shopping carts and notifying the Cart Retrieval Services Corporation to retrieve the carts and take them back to the business. (See sheet provided listing the businesses served by the Shopping Cart Retrieval Corporation and the names and numbers of the services used by supermarkets). A third suggestion by staff is to review the results of the program in six months. He believes they should also seek the cooperation of the merchants in posting the perimeters of their 19 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 properties (in three languages - Spanish, English and Vietnamese) identifying the fact that removal of the shopping cart from the premises is a violation of the Business and Professional Code and also Penal Code, Section 488. Posting will enable the Police Department to stop anybody removing the cart and if they wanted to charge those people with a misdemeanor, they could do so. To imply that it is OK because a Cart Retrieval Service will bring the carts back is not a good message because the merchants adapt their prices to the cost of doing business so everybody pays. The root cause of the problem are the theives who take the carts in the first place. John Pooie, Code Enforcement Manager has contacted him and would like to set up a meeting with the Grocer's Association which he will be happy to do because it is necessary to get their support. Right now, there is no mechanism for enforcement by the Police Department. Once enforcement begins, the word will go out to stop taking carts off the lot because citations will be given and repeated offense will be a misdemeanor violation. Council Member Lopez suggested that the front of the store be posted; Council Member Feldhaus. Posting on the shopping carts would also be effective. John Poole, Code Enforcement Manager. By the Council bdnging this matter to staff's attention, he has contacted the State Grocer's Association. The Association is very much aware of the problem throughout the State. They have directed their Cart Retrieval Service to be more proactive. Hopefully with a Council Member sitting in on the meeting, the Grocers will know the City is serious and on the way to bdnging forth a solution to the problem. Council Member Feldhaus. If there are any other associations they need to talk to, those should be included as well (i.e., the associations involved with stores such as Toys R Us, Target, etc.) He believes this is a good first step and as far as further action, staff should continue with what they are doing. Mayor Daly. He requested that a progress report be submitted to the Council based on some of the suggestions and ideas contained in the staff report within 60 or 90 days. C3. 127: PROPOSED CHARTER AMENDMENTS FOR THE NOVEMBER 8, '1996 BALLOT: Discussion requested by Council Member Zemel at the meeting of June 11, 1996 concerning placement of proposed Charter Amendments on the November 5, 1996 General Municipal Election Ballot. Submitted was joint repert dated May 22, 1996 from Lee Sohl, City Clerk and Jack White, City Attorney Phil Knypstra, 2520 Gelid, Anaheim. Relative to the two proposed Charter amendments, in reading the background information, these two amendments will save taxpayers money if implemented -- the difference between $39 instead of $1,000 in some instances by not publishing the entire ordinance but only a summary. He hopes the Council will do whatever they can in their own small way to encourage the voters to vote for this since it will save on average $30,000 to $40,000 a year. The City Clerk should be commended for placing the issue before the Council. City Clerk Sohl. Relative to the proposed Charter amendments, the first pdority is a cost-saving measure and in addition, she believes the shoder notice will give better notice to the citizens. It would be written in very clear, concise terms and a copy of the ordinance mailed, no charge, to any citizen requesting the full text. The City Attorney concurs and there are also recommendations from at least three different departments whose budgets are impacted by having to pay for publication of the ordinances who also concur, Council Member Feldhaus. His question is with regard to urgency ordinances and if the public will be given ample time to read the ordinance. 20 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JUNE 1996 City Clerk Sohl. The second proposed amendment does concern reading in full of urgency ordinances. With urgency ordinances, a notice will be published in the paper offering full text copies to the public. There are also some additional provisions which are necessary on urgency ordinances if the ordinance is not road in full involving having copies available in the Clerk's Office prior to the meeting. In some cases, it will not always be possible, however; roading ordinances in full at a meeting does not necessarily make a citizen aware of what will happen as a result of the ordinance. Council Member Zemel. The amendments are an excellent idea especially since a cost savings to the taxpayem is involved. City Clerk Sohl. The actual motion would be for the City Attomey to prepare the ballot language which would then be incoq~orated into resolutions and brought back to the Council for adoption. Mayor Daly. The City Attorney will prepare language on the proposed amendments for subsequent Council action. MOTION. Council Member Zemel moved that relative to the two proposed Charter amendments to be placed on the November 5, 1996 ballot, that the City Attorney prepare the ballot language to be brought back to the Council in a resolution(s) for Council adoption. Council Member Tait seconded the motion. MOTION CARRIED. Before concluding, Council Member Feldhaus asked the latest date to be able to put anything on the November ballot; City Clerk Sohl. She would recommend by at least the second meeting in July but the third week the latest. Council Member Feldhaus. He would like to agendize a discussion on the effects of Proposition 62 (voter approval roquirement for general taxes to charter cities) and the appropriateness of placing something on the ballot for a citizen advisory vote or something along those lines in addition to the two foregoing proposals. Mayor Daly. Council Member Feldhaus would like to schedule for a future agenda discussion on Proposition 62. City Attorney White. There are two things that are somewhat parallel and confusing. One is, Proposition 62 was rocently held valid by the State Supreme Court reversing some lower court decisions that have been long standing. However, it is still the opinion which appears is unanimous of all City Attorneys in charter cities, that Proposition 62 does not apply to charter cities. There are some cases in the trial court trying to attack that. The other thing that is tracking simultaneously is a new State initiative that he understands has qualified for the November ballot, the Right to Vote on Taxes Act which if adopted in November will requiro cities, including charter cities, to roll back taxes or get a vote of the people on any taxes adopted after January 1, 1995. Council Member Feldhaus. That is why he wanted to talk about the matter. He confirmed he would like a discussion between the Council as to the possible effects of Proposition 62. C4. COUNCIL COMMENTS: Council Member Feldhaus refen'ed to the 'Roundup for Kids" program Sarah Alavizon has talked to each of the Council Members about individually. He wanted to know the status. 21 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JUNE 18~ 1996 Mayor Daly. He was also going to bdng the matter up and suggest that they ask the City Manager to evaluate this request which has been formalized by the Anaheim Community Foundation. Sarah Alavizon has discussed her idea with most, if not all, Council Members. He (Daly) suggested she put it in writing. She is a member of the Anaheim Community Foundation Board of Directors. What they are calling the "Roundup for Kids' program would involve giving citizens an opportunity via the utility billing system to make contributions on a voluntary basis to youth programs in Anaheim. He feels it has grsat potential. He asked the City Manager to evaluate the various operational questions that might arise including costs as well as potential benefits. ADJOURNMENT: By general Council consent, the Council Meeting of June 18, 1996 was adjourned (9:20 P.M.) LEONORA N. SOHL CITY CLERK