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1995/09/19C~TY OF ~NAHE~, C~L~FORN~ COUNCIL ~NUTES SEPTEMBER ~9~ ~995 The City Council of the City of Anaheim met in regular session. PRE SENT PRESENT ABSENT: PRESENT MAYOR: Daly COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS: None CITY MANAGER: James Ruth ASSISTANT CITY MANAGER: Dave Morgan CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan POLICE CHIEF: Randall Gaston FIRE CHIEF: Jeff Bowman PLANNING DIRECTOR: Joel Fick DEPUTY CITY ATTORNEY: Carol Flynn BUILDING DIVISION MANAGER: Julie King A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:50 p.m. on September 15, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 4:07 p.m. REQUEST FOR CLOSED SESSION: City Attorney White. An item needs to be added to the Closed Session agenda where the need to act occurred since the agenda was prepared and posted last Friday. (See Item No. 4 on the Closed Session Agenda). MOTION. Council Member Zemel moved that Item No. 4 be added to the Closed Session agenda, waiving the 72-hour posting provision of the Brown Act since the need to act occurred after the posting of the agenda. Mayor Daly seconded the motion. MOTION CARRIED. 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: In re: County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In re: Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94- 22273. 1 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE: City Attorney 4e SIMMONS VS. CITY OF ANAHEIM, ORANGE COUNTY SUPERIOR COURT CASE 73-13-78 RECESS: Mayor Daly moved to recess into Closed Session. Council Member Tait seconded the motion. MOTION CARRIED. (4:08 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. p.m.). (5:30 INVOCATION: Reverend Stanley Quebe, Zion Lutheran Church, gave the invocation. FLAG SALUTE: Mayor Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119 - PRESENTATION - 1995 A~T IN P~BLIC PLA~ES AWARDs Award given to the Anaheim Redevelopment Agency by the Architecture Foundation of Orange County for public art at Koll Anaheim Center and acknowledging Julie Mayer, Chairperson of the Koll Anaheim Center Art Advisory Committee. Mr. Jim Dockstader, Board Member, Architecture Foundation of Orange County explained the basis for the award and then presented the award (a plaque) to Mayor Daly and Julie Mayer. Mayor Daly thanked Mr. Dockstader and the Foundation and also congratulated and commended Julie Mayer for the important role she plays in Art in Public Places in the City of Anaheim. The award will be displayed in City Hall. 119 - DECLA~ATION$ OF KECO~NITION~ Declarations of Recognition were unanimously adopted by the City Council and presented to Jerry Alba and Christopher Andrada for providing invaluable assistance to the Anaheim Police Department. Police Chief, Randall Gaston explained that on August 6, 1995, Mr. Alba assisted in the apprehension of a residential burglary suspect until officers arrived on the scene and on June 8, 1995 Mr. Andrada provided assistance to Officer Lemon when she was injured in a foot pursuit of a suspected drunk driver. CITY OF ANAHEIH~ C~LIFORNI~ COUNCIL HINUTES SEPTEMBER L9~ ~995 Mayor Daly and Council Members personally commended both Mr. Alba and Andrada noting that the Anaheim community is a better place because of the risks that they took and the courage demonstrated by their actions. 119 - DECLARATION OF RECOGNITIONs A Declaration of Recognition was unanimously adopted by the City Council and presented to Kellie Simmons, Coach of the Canyon Hills Allstars Girls Softball Team who became the first Anaheim team in the history of the league to win a Bobby Sox National Championship (1995). Flying "A" certificates were also presented to the team members (all 10-11 year-old girls.) ASHLEY BEZYACK BRITANY CRINE SHEENA JACOBS JILL JOYCE JENNIFER LINDENBERG KIMBERLY MULHOLLAND HEATHER RANGEL ASHLEY RIVERS LAUREN SIBET KATHLEEN SIMMONS CARRISSA STUMP CINDY TAKEHARA Mayor Daly and Council Members congratulated the coach and players on their outstanding season and ultimate success in the playoffs and finally in winning the National Championship. The City and its citizens are proud of the accomplishment. R~C(M3NITXONS AUx~ORIZED BY COUNCIL THXS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: PROCLAMATION recognizing the week of October 2 - 6, 1995, as Kaiser Permanents Medical Care Program Week in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,362.503.99 for the period ending September 15, 1995, 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. (5:55 p.m.) Mayor Daly reconvened the City Council meeting. (5:57 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF P~BLIC INTERESTs Larry Rhinehart, Intergovernmental Affairs Director, South Coast Air Quality Management District (SCAQMD). He is present today as part of the District's expanded local government outreach effort to give a brief update on changes in policies at the SCAQMD. (Mr. Rhinehart also submitted a comprehensive packet of material to each Council Member - made a part of the record.) He briefed the changes made and new programs offered and also explained in more detail the 12-point Business Clean Air Partnership. CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES SEPTEMBER 19v 1995 The intent is to work as a partner with business and the community to achieve healthful air. He briefed some of the significant points in the plan. In concluding, he stated his office is available to assist the City and its constituents with any air quality issues, questions, or problems. Mayor Daly thanked Mr. Rhinehart for the presentation and the materials submitted. Mr. Vern Rasmussen. He has owned rental property in Anaheim for some time and tries to maintain realistic rents for his tenants. He received three billings on Saturday for utilities wherein he was informed that he has been billed incorrectly for two years and now will be billed accordingly. The increased charges total approximately $1,200. When he sets rental rates, he takes into account his utility bill as well. He wanted to explain his case to the Council to see if something could be done. Mayor Daly. A staff member of the Utilities Department is present. He suggested that Mr. Rasmussen speak with him about the situation. He also asked that staff report back to the Council on the matter. PUBLIC COMMENTS - AGENDA ITEMS= There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of September 19, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTaL CONSENT CALENDAR= on motion by Mayor Daly, seconded by Council Member Feldhaus, 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. 95R-164 through 95R-166, both inclusive, for adoption and offered Ordinance No. 5519 and 5520 for adoption. Refer to Resolution/Ordinance Book. Al. 118: Rejecting and/or denying certain claims filed against the City. The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management: a. Claim submitted by Alicia Leon for property damage sustained purportedly due to actions of the City on or about June 21, 1995. b. Claim submitted by Bien Tien Nguyen for bodily injury sustained purportedly due to actions of the City on or about May 9, 1995. 4 C~TY OF ~.N~%HE~H~ CALIFORNIA COUNCIL HINUTE8 8EPTEHBER ~9~ L995 A2. A3. A4. AS. c. claim submitted by Jeffrey Thomas Peruzzi for property damage sustained purportedly due to actions of the City on or about July 13, 1995. d. Claim submitted by JTL Environmental Remediation Group, Inc. for property damage sustained purportedly due to actions of the City on or about July 1, 1995. e. Claim submitted by Edward G. Stroman for property damage sustained purportedly due to actions of the City on or about June 18, 1995. f. Claim submitted by Raul Melendez & Emilia Melendez for property damage sustained purportedly due to actions of the City on or about June 24, 1995. g. Claim submitted by Joel and Amanda Smith for property damage sustained purportedly due to actions of the City on or about May 31, 1995. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held July 27, 1995. 114: Receiving and filing Resolution No. 4645 of the City Council of the City of Upland opposing the misleading "Rental Assistance" initiative. 173= Receiving and filing supplements to Docket No. ER95-1489-000 of a Notice of filing by Southern California Edison Company before the United States of America Federal Energy Regulatory Commission (effective June 1, 1995) for the Edison-Riverside Washington Water Power Firm Transmission Service Agreement between Edison and the City of Riverside, correct the losses stated for the Edison-IID Firm Transmission Service Agreement between Edison and Imperial Irrigation District, and correct an error in the losses shown for the Edison-AEPCO Firm Transmission Service Agreement between Edison and the Arizona Electric Power Cooperative. 105: Receiving and filing minutes of the Community Redevelopment Commission and Private Industry Council joint meeting held May 25, 1995. 117= Receiving and filing a Summary of Investment Transactions for the month of August, 1995, as submitted by the City Treasurer. 150= Awarding the contract to the lowest responsible bidder, United Builders, in the amount of $138,454.40 for Manzanita Park Picnic and Parking Lot Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. 106: Approving the adjustment to the Public Works Department's fiscal year 1995-96 Capital Improvement Budget in the amount of $185,000. 151: Approving an Encroachment License Agreement (95-3E) with Hyrail Partners for a sign located within the existing right-of-way of State College Boulevard. CITY OF ANAHEIM~ C~LIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 A6. A7. A8. A9. AiO. All. A12 · A13 · A14 · AlS · A16 · 170: Approving Parcel Map No. 94-183 above parcel being located on the northside of Lincoln Avenue, between Rose Street and the AT & SF Railroad right of way, also known as 1009 East Lincoln Avenue, 105 North Rose Street, and 108 North Rose Street. 160: Accepting the low bid of Ace Uniforms, in an amount not to exceed $40,000 for work garments as required for the period October 1, 1995, through September 30, 1996, in accordance with Bid $5433. 123: Approving an Agreement with Shield Security, Inc., in an amount not to exceed $281,900 (plus additional service requirements up to one hundred sixty hours per week) to provide security personnel to enforce parking ordinances in posted street sweeping and other areas for a period of one year, commencing October 1, 1995, with three one-year options to renew, in accordance with Bid $5429. 107: ORDINANCE NO. 5519: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.44.015 AND DELETING SECTION 7.44.040 OF CHAPTER 7.44 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRAFFITI. (Introduced at the meeting of September 12, 1995, Item A19.) 107: ORDINANCE NO. 5520 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING SECTION 14.32.310, AND ADDING A NEW SECTION 14.32.310 TO CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SALE OF GOODS OR MERCHANDISE BY VEHICLE. (Introduced at the meeting of September 12, 1995, Item A20.) 174: Authorizing the Community Development Department Staff to distribute $13,800 in additional FY 1994-95 federal Community Development Block Grant (CDBG) contingency funds to the Anaheim City School District for its Healthy Start Program. 171: RESOLUTION NO. 95R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPPORTING THE LEAGUE OF CALIFORNIA CITIES PROPOSED RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%. 168: RESOLUTION NO. 95R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CHANGING THE NAME OF CLAUDINA PLACE TO TECHNOLOGY CIRCLE. 153: RESOLUTION NO. 95R-166~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 94R-151 WHICH ESTABLISHED MANAGEMENT PAY POLICIES. (ADDING THE CLASSIFICATION OF CONVENTION CENTER MANAGER AS ELIGIBLE TO RECEIVE AUTOMOBILE ALLOWANCE AT THE RATE OF $475 PER MONTH, EFFECTIVE SEPTEMBER 22, 1995.) 123: Approving a Sublease Agreement between the City of Anaheim and United Sports Entertainment, Inc., for a monthly rental fee of $3,015.90 to provide for 2,234 square feet of office space rental in the Gate 6 office/warehouse facility at Anaheim Stadium. 175: Approving the Large Recreational Facility ULF Toilet and Urinal Retrofit project (Convention Center Retrofit Project) that provides ultra-low-flush toilets and low-flush urinals to the Anaheim Convention Center. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 123: Approving Letter Agreement No. 4811 between the Metropolitan Water District of Southern California and the City of Anaheim that provides 90 percent funding for the Convention Center Retrofit Project, and authorizing the Public Utilities General Manager to execute said Agreement and related documents on behalf of the City. Jeff Kirsch, 2661 W.. Palais, Anaheim. He feels since the City is a public agency, it .is not necessary to have the "carrot dangled" relative to conservation programs as it is when programs are oriented toward the private sector. He asked the Council to take another look at this proposal. Ed Aghjayan, Public Utilities General Manager. In this case, they were successful in getting an additional 50% funding from the United States Bureau of Reclamation targeted only for public facilities. For a very minimum cost, they get an upgrading which will lower costs in the long run; Mayor Daly noted that over a 10-year period, it will save 43 million gallons of water. Al7. 170: Approving the Final Map of Tract No. 14079, and the Subdivision Agreement with Baldwin Building Contractors; and authorizing the Mayor and City Clerk to execute said Subdivision Agreement. Tract No. 14079 is located at Running Springs Drive and Windsong Drive and is filed in conjunction with Specific Plan No. 88-2. Al8. 114: Approving minutes of the anaheim City Council meeting held August 22, 1995; and Special Meeting held August 22, 1995. END oF CONSENT CALENDAR. Roll ~all Vote on Resolution Nos. 95R-164 through 95R-166, both inclusive, for adoptions AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-164 through 95R-166, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5519 and 5520, for adoption~ AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5519 and 5520, duly passed and adopted. A19 · BOARD AND ~ISSION ITEMS: 105: BUDGET ADVISORY CO~XSSION~ Appointment to the Budget Advisory Commission to fill a vacancy due to the resignation of Ben Bay. Term expires June 30, 1996. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 This matter was continued from the meeting of September 12, 1995 to this date. City Clerk Sohl. She gave to each of the Council Members a memo indicating that the newest member of the Budget Advisory Commission (SAC) would have to be an Anaheim resident to make up the four of seven members who must be Anaheim ~esidents. Mayor Daly. They have been encouraged by the Visitor & Convention Bureau (V&CB) to appoint Mr. Bill O'Connell to the BAC; City Clerk Sohl confirmed that Mr. O'Connell lives in Orange. Mayor Daly. It is worth noting for the record at this time that they are unable to appoint any individual who lives outside the City limits because of the policy adopted where a majority of the Commission members must be Anaheim residents. Council Member Zemel. He has checked with the V&CB and is trying to get alternates since Mr. O'Connell does not qualify, but they have been unable to provide another name. He feels it is important to move forward and is prepared to make a nomination. Council Member Tait. He would like to continue the appointment for one week. Historically, the BAC has included a member of the V&CB. He feels it is important and perhaps another week will make a difference. Council Member Zemel. The thinking is, the next opening on the Commission may accommodate a non-resident and Mr. O'Connell could possibly be appointed. The V&CB would like to see him on the Commission. MOTION. Council Member Tait moved to continue the appointment to'the Budget Advisory Commission for one week. Mayor Daly seconded the motion. MOTION CARRIED. ITEMS B1 - B3 FROM THE ZONINOADMINISTRATORMEETINO OF AUOUST 31r 1995: DECISION D&TE~ SEPTEMBER ?r 1995 INFORMATION ONLY - APPEAL PERIOD ENDS SEPTEMBER 22r 1995 B1. 179~ CONDITIONAL USE PERMIT NO. 3783 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA STATE TEACHERS ASSOCIATION, c/o O'Connor Realty Advisor, Inc., 399 Park Avenue, New York, NY 10022 AGENT: JOHN BAKER, cio Rubio's Restaurant, 5151 Shorman Place, Suite 260, San Diego, Ca 902122 LOCATION: 520 North Euclid Street (Anaheim Plaza}. Property is approximately 38.25 acres bounded on the north by Crescent Avenue, on the east by Loara Street, on the south by the Santa Aha Freeway (Interstate 5), and on the west by Euclid Street. To permit on-sale and consumption of beer and wine in an existing fast- food establishment located within the food court. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3783 APPROVED (ZA Decision No. 95-20). Approved Negative Declaration. B2. ~79: VARIANCE NO. 4277 AND NEGATIVE DECLARATION: OWNER: SUNDOR BRANDS, INC., Attn: TAX DIVISION, P.O. Box 599, Cincinnati, Ohio 45201 AGENT: JOHN C. OSWALT, 1230 North Tustin Avenue, Anaheim, CA 98207 LOCATION: 1230 North Tustin Avenue. Property is approximately 7.2 acres, having a frontage of approximately 500 feet on the east side of Tustin Avenue with a maximum depth of approximately 867 feet and being located approximately 1,050 feet south of the center!ine of Miraloma Avenue. Waiver of minimum number of parking spaces, to construct four new buildings with renovation and additional square footage added to an existing building. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4277 APPROVED (ZA Decision No. 95-21). Approved Negative Declaration. B3. 179~ ADMINISTRATIV~ ADJUSTMENT NO. 0097: OWNER: THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, 61 East North Temple Street, Salt Lake City, Utah 84150 AGENT: GARY MILLER ARCH & ASSOCIATES, 350 West Fifth Street, San Bernardino, CA 92401 ~K~ATION~ 440 North Loara Street. Property is approximately 2.88 acres located at the southeast corner of Loara Street and Westmont Drive. ~CTION TAKEN BY THE ZONING ADMINISTRATOR: ADMINISTRATIVE ADJUSTMENT NO. 0097 APPROVED (Decision No. 95-22). END OF THE ZONING ADMINISTRATOR ITEMS. B4. 179: ORDINANCE NO. 5521: Adding new Subsection .340 to Section 18.45.050 of Chapter 18.45 of Title'18 of the Anaheim Municipal code relating to zoning (outdoor storage). (Introduced at the meeting of September 12, 1995, Item B7.) BS. 179: ORDINANCE NO. 5522: Amending Title 18 to rezone property under Reclassification No. 94-95-11 located at 700 West Orangewood Avenue, Units B & C from the CG zone to the CL zone. (Introduced at the meeting of September 12, 1995, Item B13.) Mayor Daly offered Ordinance Nos. 5521 and 5522 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5521: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .340 TO SECTION 18.45.050 OF CHAPTER 18.45 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (OUTDOOR STORAGE). C~TY OF ~.N~%HE~ CAL~FORN~ COUNCIL ~INUTES SEPTEMBER ~9, ~995 ORDINANCE NO. 5522: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-11 LOCATED AT 700 WEST ORANGEWOOD AVENUE, UNITS B & C FROM THE CG ZONE TO THE CL ZONE. Roll Cml1 Vote on Ordinance Nos. 5521 and 5522, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT= MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5521 and 5522, duly passed and adopted. Cl. 114: Discussion requested by Council Member Zemel at the meeting of September 12, 1995, Item Cl, to explore the idea of having an INS officer involved in criminal work at the City's jail. Council Member Zemel. It is no secret there is a shortage of Police on the City's streets. There is a problem right now with illegal aliens and crime. There is a time issue in the Police Department in dealing with criminals who are in the country illegally. It is his belief and impression that the Police are arresting the same suspects time and again. This issue is being brought to the forefront by the shooting of Officer Tim Garcia who was shot by an illegal alien. He then briefed the Council on the actions he had taken on this issue before he was elected and what he had done since. As well, he and Council Member Tait have talked to Congressman Cox directly and it seems they have good support from his office in Washington, D.C. He is willing to be a part of what they are trying to accomplish especially if they need companion legislation. The 1992 opinion of California's Attorney General Lundgren reverses the opinion of Attorney General Van De Kamp in 1984 concluding that, "due to the supremacy clause in the United States Constitution, a City may not prohibit its officers and employees from cooperating in their official capacities with Immigration and Naturalization Services in service investigation, detention or arrest procedures relating to alleged violations of the civil provision of the Federal Immigration Law." It is calling attention to the fact that local cities have a duty to participate, be involved and to help. California's Governor has also sued the Federal Government for not enforcing its borders. This Thursday, he has scheduled a meeting with the Los Angeles Director of INS (Immigration and Naturalization Services), James Hayes, Dave Morgan, Assistant City Manager, Kristine Thalman, Intergovernmental Relations Officer, and Council Member Tait. This matter is something he now needs .to bring to the Council in proceeding further. Before he suggests what action he would like to take, there is a couple in the audience who would like to speak to the issue on a personal level, Mr. & Mrs. Garcia, parents of Officer Tim Garcia. Mary Garcia. She ho. pes no one will have to go through what they have had to endure. She believes that someone from In~aigration needs to be working in the Police Department. She was very upset to find out that the person who shot her son had been arrested before and deported twice to Mexico. Her son was shot on September 8, 1995 and is still in the hospital. Mr. Garcia. His feelings are the same. It is a wake-up call and something should be done. Criminals slip through the system which puts a burden on the 10 CITY OF ~,N~%HEIM, C&LIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 City and creates havoc with the citizens and Police Officers in trying to uphold the law. He would like some action taken. Council Member Zemel. He has suggested actions to bring forth but the Council should first hear from Police Chief Gaston. Mayor Daly. He asked to hear from the Chief who has prepared a brief summary from his perspective on this issue. Police Chief, Randall Gaston. They have been aware for a number of years that there are instances when they arrest individuals and have reason to believe they could be in the country illegally. The point of origin could be from a number of countries. The Police Department has a working relationship with INS but the agency is severely constrained by lack of resources available to respond to individual agencies. The City's jail is a detention center where individuals are held for two or three days and then taken to court. He then explained that subsequently, because of staff constraints at the Orange County Jail, individuals will not be remanded into custody. INS would then have to be prepared to intercede at that point and take charge of the individual. If not remanded, they would be eligible to be released pending their trial date. He then answered questions posed by the Mayor relative to the frequency of such occurrences where INS would be helpful and also his knowledge of INS involvement in the Orange County jail. Detective Bruce Bottolfson, President, Anaheim Police Association. The stimulus behind this was the shooting of Officer Garcia, but it was discussed at length in March when he was in Washington, D.C. with Congressmen Dornan, Royce and Kim. They have never, in his experience, had a close relationship with the INS and never had the opportunity to realistically identify what they term to be criminal violators who are illegal aliens to the INS. The issue is one of crimes and people who commit them. He works in domestic violence and not a day goes by that he does not work with someone who is in custody who is an illegal alien. They admit that to him because they know nothing is going to happen to them and the domestic violence will occur again. He then relayed a typical case he deals with on a regular basis and the time involved averaging, conservatively, seven hours per arrest. They are asking assistance from the City, City staff, and the Chief. They see it as an outgrowth of their last Contract negotiations in a cooperative effort, to try to provide a better environment for the citizens of Anaheim. It is not an attack on resident illegal aliens who are working, but only those who commit crimes against the people or visitors of the City of Anaheim. It is one more thing criminals know is going to be looked at if they are arrested in Anaheim. It is a big issue. Council Member Zemel. The Chief brought up some obstacles that have been in the way for years. Times have changed and those obstacles are going, to have to be overcome. In the early 1980's, they did not know what was going to take place in the City and what it was going to cost to deal with the criminal element. There are a number of small steps they can take right now. The Council can direct' the Police Department starting tomorrow to identify the citizenship of every person arrested and booked in the City jail for the purpose of gathering verifiable statistics on the amount of crimes committed by non-United States citizens. Secondly, he would like to have the Council authorize the Council Liaison Committee, himself and Council Member Tait, a member of the Anaheim Police Association (APA), Chief Gaston or his representative, Kristine Thalman, IGR Officer, a member of Congressman Cox's staff and any additional members that committee so determines. The committee will be formed for the purpose of exploring the advancement of policies and 11 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 legislation with regard to the reduction of illegal alien criminals in the City of Anaheim and deal with some of the restrictions the Chief spoke about. It is an opportunity for Anaheim to have a pilot program with the INS and it would be the first City to do so -- to have perhaps a part-time retired INS Officer in the City jail to work on this. Since one of the constraints of the INS is' lack of resources, the City may have to take the responsibility. He is told .by the Western Regional Director of INS if the City had a part-time retired INS Officer on site at the jail who had access to a computer, the City could have its own mini INS division. There will still be obstacles to overcome which would be the types of things the committee could deal with. Those are the only two things he is proposing at this time-- (1) direct the Police Department to start the identification process and (2) form a Liaison Committee, the goal of the committee being to discover ideas and bring the findings to the entire Council for approval for further direction. Mayor Daly. Closer cooperation and coordination with INS makes, excellent sense. To convince the INS to become more involved in doing their job in Anaheim and working closely with the Police Department in the City's fight against crime is also an excellent idea. He feels the conunittee is a good idea as well but would be more comfortable if it consisted of two Council Members and appropriate staff as designated by the City Manager. It is necessary to respect the office of the City Manager and the City Charter. He would llke the City Manager and the Chief to be able to staff the committee with persons they believe would be most effective and subsequentlYCouncil Member Zemel can evaluate that in his role as liaison. Council Member Zemel. He has no problem with that and he will amend his proposed action accordingly. MOTION. Council Member Zemel moved that the following initial actions be approved= (1) identify the citizenship of every person arrested and booked at the City jail and (2) form a Liaison Committee concerning the subject issue consisting of two Council Members and appropriate staff to be designated by the City Manager. Council Member Tait seconded the motion. Before a vote was taken, Council member Zemel stated that the INS has agreed to offer the questions so that they are proper and just and that everybody is asked the same set of questions. Dave Morgan, Assistant City Manager. He understands the spirit of the recommendations and will work to the full extent possible to implement them. He would like Chief Gaston to comment on the practicality of instituting the process within the window of time suggested. Police Chief Gaston. Approximately 15,000 arrests a year come through the City jail. They will develop a template of questions that INS recommends. Presently, there are instances where people will freely admit that they entered the country illegally and a certain number will not. At the end of two months, he would guess that 2,000 to 2,400 would be administered the questions. As part of the booking procedure, the Police do not routinely ask questions in terms of citizenship or whether or not an individual is in the U.S. illegally. They may have an Investigator do so in order not to slow down the booking procedure. Mayor Daly. It will be helpful to provide follow-up information to the Council on cost implications or diverting existing resources. 12 CITY OF ~NAHEIM;. CALIFORNI~ COUNCIL MINUTES SEPTEMBER 19; 1995 Council Member Lopez. When he was working as a Detective for 10 years, he was one of the bilingual officers that Mr. Bottolfson would call. As part of their normal routine, they would identify the individuals and find out what country they were from and whether they were here legally or illegally. All of that information was put on the Police report to make sure the District Attorney or City Attorney would be aware of the fact and also, hopefully, alert INS that they had in custody an individual for burglary or assault and if the INS had the manpower when the individual went to North Court, the normal process would be to either deport them or do whatever was necessary. It is. an excellent idea, but it was done in the past. He then relayed an incident of an individual who was continually arrested who used 26 different names. The bottom line is having the time and getting the cooperation of INS. He supports the recommendation but the Chief Should figure out how it should be done. Illegal aliens who are in custody should be deported. A vote was then taken on the foregoing motion. MOTION CARRIED. Mayor Daly. He looks forward to further information from the City Manager's Office, the Police Department and/or the Council Liaison Committee. D1. 129t PUBLIC HEARING - DESIGNATION OF VERY-EXOE FIRE-HAZARD SEVERITY SONE AMENDMENT TO UNIFORM BUILDING CODE REGARDING ROOF COVERINGS AND AN AMENDMENT TO THE UNIFORM FIRE CODE REGARDING APPENDIX IIA - SPECIA?. HAZARDS This issue was advertised in the North County News on August 31, 1995 and September 7, 1995. The Council is to consider opening a joint public hearing on (a) the proposed amendments to the Uniform Fire Code and (b) proposed amendments to the Uniform Building Code and (c) adoption of a Very High Fire Hazard Severity Zone. Staff Input= See staff report dated September 13, 1995 from Fire Chief, Jeff Bowman recommending seven actions in connection with the subject discussion including three proposed resolutions, the adoption of two ordinances and introduction of an ordinance. Jeff Bowman, Fire Chief. He is going to provide an overview of the subject and update recent discoveries made. Already submitted to the Council is a copy of the slide program (brochure) to be presented entitled -- Assembly Bill No. 337 (Bates) Options for Application in the City of Anaheim (made a part of the record). Copies were also available for members of the public. (See minutes of the workshop held April 25, 1995 when the matter was first presented to the Council.) Also see the subject staff report which summarized the April 25, 1995 workshop and what has transpired since then. Chief Bowman's presentation covered all of the items listed in the Table of Contents of the brochure submitted which included the rating criteria for Very High Fire Hazard Severity Zones (VHFHSZ), fuel, topography, weather, dwelling unit density and mitigation factors, required protection measures including the need for Class A roofing in the designated area, a major factor being the kind of roofing required in such zones and a cost comparison, pros and cons of Option i and Option 2, and staff recommendation (Option 2). His presentation also included slides of dwellings in certain areas of Anaheim Hills where serious fire hazards exist and where fire protection measures under AB337 would be required. 13 CITY OF ~NAHE~H~ CAL~FORN~& COUNCIL HINUTES SEPTEMBER Lg~ L995 In.concluding his presentation, Chief Bowman outlined Option 2, the option being recommended by staff after investigating issues raised at the April 25 workshop and after the City Attorney's office conducted considerable research on the issues and possible alternatives. "The Fire Department is recommending that the City Council designate for inclusio~ within the Zone only wildland and open space areas east of the 55 Freeway and south of the 91 Freeway" (Option 2)..Previously the recommendation was that all areas designated by the CDF (California Department of Forestry) be.placed within the Zone which included all areas east of the 55 Freeway and south of the 91 Freeway. He then briefed the pros and cons of each option. Most importantly, in Option 1, there were concerns regarding increased insurance costs and the impact the zone designation would have on property values. .Option 2 establishes the zone per State criteria, complies with County, State and Federal guidelines, provides similar fire protection to AB337, eliminates controversial issues of new and existing developments and conforms with the proposal of most other Orange County cities. The only "con," if it could be considered one, is that it requires amendments to the Uniform Building Code and Uniform Fire Code in order to provide the findings needed to adopt a more limited zone. In closing, he introduced the staff members who had worked so diligently on the issue culminating in the recommendation before the Council tonight. Council Member Lopez asked if the areas are designated very high fire hazard will they remain so for the next 25 years, or what would happen. Chief Bowman. As the areas develop, they will be able to make an application to the City Council to allow them to be removed from that zone. Council Member Feldhaus. He asked what had been done to post notification in the affected areas so that those involved could become a part of the Public Hearing. Some will be able to comply but for others, it will be costly. He feels everybody in the area should have been notified. Gary Wilder, Fire Marshal. In addition to the normal legal requirements of posting for the Public Hearing, they notified all developers by mail of their intent and notified the Master Homeowner's Association (Anaheim Hills). The AssoCiation sent a representative to the original meeting on April 25, 1995 and they had no problem with.the recommendation at that time. They also reminded them of this Public Hearing and that they were going to make the second proposal. City Attorney White. This is a noticed Public Hearing and it meets the legal requirements for tonight's hearing but it does not meet what Council Member Feldhaus is saying which is individually mailed notices to every lot, or homeowner or property owner in the area affected by the proposed ordinances. The hearing could be continued and noticed any way the Council wishes. Gary Wilder. They relied on the Master ASsociation to make contact by mail. There are approximately 10,000 parcels involved and the Fire Department has already inspected 5,000. Ninety-five percent of those homeowners are in complete compliance and would not have a major problem with what they are doing including the Mohler Drive area as questioned by Council Member Lopez. Jeff Bowman. They have been through one half of all the parcels impacted by this proposal already and have given notices where violations existed and 95% of those have complied. There are people who want their homes to look like the slides shown which were fire hazards but the question is, per State law, are requirements of AB337 going to be applied uniformly to a region based on the potential for fire damage occurring from a major fire and should one 14 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 homeowner not comply whereas another is made to comply. He also confirmed for Mayor Daly that the 10,000 homeowners are in the general white area shown on the graphic. Council Member Lopez asked if the area is designated a VHFHSZ and somebody is living there, would they have to install a new roof. Fire Chief Bowman. He answered, yes if the re-roofing involves more than 50% of the structure and would have to be done in a year's time. The red zone is all wildland right now and there are no structures in that zone. MOTION. Mayor Daly moved to o~en a joint public hearing on (a) the proposed amendments to the Uniform Fire Code and (b) proposed amendments to the Uniform Building Code and (c) adoption Of a Very High Fire Hazard Severity Zone. Council Member Zemel seconded the motion. MOTION CARRIED. Carol Flynn, Deputy City Attorney. She spoke to Roger Grable, Attorney for the Irvine Company just after the meeting started today. Mr. Grable asked her to relay that he would not be appearing today, that the Irvine Company has no problem in what is being presented by staff, and are in favor of Option 2 which is the staff recommendation. MOTION. Council Member Feldhaus moved to continue the Public Hearing for at least one or two weeks in order to give adequate notification to those who will be affected. Before any action was taken, Chief Bowman explained that an article appeared in the Los Angeles Times that the Public Hearing was going to be held today and a~so the issues that were going to be discussed. Council Members then posed an additional line of questioning relative to the proposal wherein Jeff Bowman clarified if the Council approves the recommendation, the Fire Department will have the authority to go in and encourage fire safety by asking residents to take care of the kinds'of. problems that were showing in the slides. Relative to roofing, the only time it becomes an issue is when an owner pulls a permit to reroof. They will then have to use one of the better fire-safe materials. If they are doing a repair of anything less than 50% of the roof structure in a one-year period,.they are not required to install a Class A roof but can reroof with the existing materials. Julie King, Building Division Manager. She clarified any time there is a remodel, it has to meet current code standards on the addition portion'only. There are also materials where it is possible to mix and match~ Joel Fick, Planning Director, clarified it would only be an addition where a new roof portion is constructed and not a remodeling of interior rooms. He also confirmed that under the Bates Bill provisions, in January, 1997, in order to comply with the bill for areas designated within the Zone, Class A roofing materials are required. What they are doing in the proposed ordinance, it is a one-year time period from which the State law provisions of the Bates bill require Class A roofing construction if the Zone is designated. Mayor Daly asked if anyone wished to speak~ there was no response. Council Member Feldhaus repeated his desire for a two week continuance to give notification. 15 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER. 19, 1995 City Attorney White. He is not certain two weeks would be enough time since approximately 10,000 notices would have to be prepared and mailed after ascertaining the names and addresses of residents. Council Member Feldhaus confirmed that he wanted to give adequate notification, the point being to disseminate the information whether one large newspaper article or insert, a flyer, posting or whatever to notify the public that this issue is about to be voted on by the City Council in accordance with State law and anyone who has any interest should come to the hearing. Council Member Tait stated he believed a newspaper story would be adequate. He feels the "unofficial" notification or publication would get to the majority of people if not through the Multivision Telecast of the Council meeting, word of mouth, newspapers, etc. He favors a two-week continuance for such notification~ however, he feels uneasy and does not favor setting a precedent of going beyond the legal requirements of notification. City Attorney White. The Council can give first reading to the ordinance tonight, continue the second reading for two weeks, and then be in a position two weeks from now to act on all three. Mayor Daly. He suggests doing what the City Attorney is recommending and in the meantime, encourage City 'staff through the Public Information Office to issue another press release,-ask for cooperation from newspapers that typically cover Anaheim to get the word out one more time and perhaps'another mailing to the Homeowners's Association, something that is sensible in getting out one more wave of information. Jeff Bowman. The issue has been discussed at the Anaheim Hills Master Association Annual Meeting for the past two years. Those presentations have always ended with a rousing applause for progress toward fire safety in the hill and canyon area with over 100 people in attendance. The individuals present were representing the homeowner's involved and he believes that is why residents are not present today. However, they would be happy to work with the Public Information Officer to get at least the Register and Times who have Anaheim Hills editions once a week do a feature story and further explain the issue. MOTION. Mayor Da!y formalized his suggestion for further notification as previously articulated and continuing the Public Hearing for two weeks. Council Member Zemel seconded the motion. MOTION CARRIED. City.Attorney White. The Council can defer action to the next meeting. The only thing the Council need do tonight is to offer the ordinance relating to Designation of Very High Fi~e Hazard Severity Zones for first reading. Mayor Daly offered Ordinace No.5523 for first reading ORDINANCE NO. 5523 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 16.40, SECTIONS 16.40.010 THROUGH 16.40.080, INCLUSIVE, TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, RELATING-TO DESIONATION OF VERY-HIGH FIRE-HAZARD SEVERITY ZONES. D2. 185g PUBLIC HEARING TO CONSIDER CANC~T~.~TION OF DEVELOPMENT AGREEMENT NO. 89-01, ~ATEGORX~AT~ EXEMPT, ~LASS 21: OWNER: CCSFERS Stadium Business (3), Inc., 505 Montgomery Street, San Francisco, CA 94111 16 C~TY OF ~I~E~ C~L~FOI:~ COUNCIL ~NUTEB SEPTEMBER 19~ 1995 AGENT: AMB, C/O Martin Coyne, 505 Montgomery Street, San Francisco, CA 94111; WORDES, WISHIA, GOREN & CONNER, Attn: Richard S. Wordes, 31 Journey Street, Ste. $200, Aliso Viejo, CA 92656 LOCATION: The property is approximately 17.49 acres located at the southwes~ corner of Gene Autry Way and State College Boulevard and further described as Stadium Business Park South. Petitioner requests cancellation of Stadium Business Park South Development Agreement No. 89-01. ACTION TAKEN BY THE PLANNING COMMISSION: · Recon~nended to the City Council the cancellation of Development Agreement No. 89-01, subject to the completion of the requirements previously 'imposed in order to establish said Development Agreement (7 yes votes.) PUBLIC NOTICE REOUIREMENTS MET BY: publication in North County News - September 7, 1995 Mailing to property owners within 300 feet - September 7, 1995 Posting of property - September 8, 1995 STAFF INPUT: See staff report to the Planning Commission dated. August 7, 1995. Council'Member Zemel. He declared a conflict of interest since his office is within the confines of the Development Agreement. Therefore, he will not be participating in any discussion or vote on the matter. Joel Fick, Planning Director. He briefed the request before th~ Council tonight and confirmed that staff is recommending approval'of the request for cancellation of Stadium Business Park South Development Agreement No. 89-01. Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak. Mr. Rich Wordes, Attorney representing the current owners of the property, the City and County of San Francisco Employees Retirement Association. They are in support of staff's recommendation that the Development Agreement be cancelled pursuant to the request of the owners as well as the Planning Commission's recommendation. Mayor Daly closed the Public Hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Council Member Tait, the City Council determined that the proposed activity falls within the definition of Section 3.01 Class 21, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. Council Zemel abstained. MOTION CARRIED. Mayor Daly offered Ordinance No.5524 for first reading. ORDINANCE NO. 5524: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM CANCELLING DEVELOPMENT AGREEMENT NO. 89-01. 17 CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES SEPTEMBER 19, 1995 C2. 114. .COUNCIL COMMENT$~ Mayor Daly. There is an issue that has come up informally which he would now like to formalize by directing the City Manager's Office, in conjunction with the Planning Department, to submit a report on alternatives for more locally based planning in Anaheim. He would like to focus planning efforts in smaller areas and would like to hear from City staff their thoughts or recommendations on how to design the planning process on smaller areas of the City. For example, the Specific Plan process in the last couple of years has been used to do focused planning in the Anaheim Resort Area and now the Northeast Area. He is suggesting something along those lines for other parts of Anaheim but in smaller, "bite-sized chunks". The goal would be to involve neighborhoods more closely in planning and problem solving and a closer working relationship with the Police Department in identifying problems where there may be planning solutions. He is asking the City Manager's Office to bring back a report on how such a planning process might work. Dave Morgan, Assistant City Manager. Staff will be pleased to come back to Council in three to four weeks on this matter. C3. 112: REPORT ON ~LOSED SESSION ACTIONS: City Attorney Jack White stated that there is one action to report. Approved settlement in case of Simmons vs. City of Anaheim O.C.S.C.C. 73-13-78 in the sum of $30,000. ALL AYES ADJOURNMENT: By general Council consent, the Council meeting of September 19, 1995 was adjourned (8:10 P.M.). LEONORA N. SOHL CITY CLERK 18