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1994/01/25City Hall~ Anaheim~ California - COUNCIL MINUTES - JANUARY 25r 1994 - 5=00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY= Jack White CITY CLERK: Leonora N. Sohl DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson DEPUTY CITY ENGINEER: Russ Maguire A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3=30 p.m. on January 21, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3=00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Martone vs. City of Anaheim, Orange County Superior Court Case No. 59-70-41. Dairyland vs. City of Anaheim, Orange County Superior Court Case No. 60-76-87. bo To meet with the Redevelopment Agency's Real Property Negotiator concerning acquisition or disposition of certain real property interests for property located generally at the Anaheim Plaza owned by California State Teacher's Retirement System. To meet with the City's Real Property Negotiator concerning the lease of property known as the Juliette Low Elementary School site from the Magnolia School District and the sublease of said site to the Los Angeles Rams Football Company. de To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. e. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. f. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). ge To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. 18 City Hall, H-~heimt California - COUNCIL MINUTES - JANUARY 25t 1994 - 5:00 P.M. By general consent, the Council recessed into Closed Session. (3:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:12 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - RECOGNIZING JACK LINDQUIST FOR HIS CONTRIBUTIONS TO THE COMMUNITY: Mayor Daly. To mark the occasion of his retirement as President of Disneyland, on behalf of the City, he presented Mr. Jack Lindquist with a key to the City mounted on a special plaque. Mr. Jack Lindquist. He thanked the Mayor and Council Members for the recognition and honor and will treasure the memento which means a great deal to him. He commented that he had at one time lived in Anaheim for 15 years and all of his children graduated from Anaheim schools. He has worked in the City for almost 40 years and has always found it to be blessed with outstanding leadership. The hardwork and dedication of the staff and elected officials, he feels, is far beyond anything else in Orange County. Mayor Daly also noted that Mr. Lindquist was very instrumental in bringing the Anaheim Convention Center to fruition, just one example of a public-private partnership that was stimulated and steered by people like Mr. Lindquist. He hopes that Jack will stay involved in Anaheim and Orange County. 119: PRESENTATION OF AWARDS TO WINNERS OF THE ANTI-GRAFFITI T-SHIRT CONTEST: Carolyn Griebe, the City's consultant on graffiti matters, explained the background of the wipe-out graffiti t-shirt design contest sponsored by Anaheim beautiful and the City's Code Enforcement Division. It is a contest for senior high students in the Anaheim Union High School District. The nine school seniors will each receive a $100 prize from Anaheim Beautiful and the grand prize winner an additional $150 plus having his design printed on 500 t-shirts for the Adopt-A-Block team members. Mrs. Griebe assisted by Bonnie Kirkwood, and Eleanor Fix, Community Services Supervisor/Senior Citizens presented the awards to the following: Ricky Kim, Owen Song, Robert Joo, Mike Dobrzycki, John Pool, Angelika Bazarnik, Danny Mircea, Myra Olalia, Danny Morales Mike Dobrzycki was also the Grand Prize Winner. Mayor Daly and Council Members congratulated each of the students whose posters were displayed on the Chamber wall with a special recognition to Mike Dobrzycki. 119: DECLARATIONS OF RECOGNITION: Declarations of recognition were unanimously adopted by the City Council recognizing and congratulating the Stadium, Convention Center and Golf Course Employees of the Year - Jackie Hartman, Anaheim Golf Courses; Ann Barron, Anaheim Stadium; and Fran Wismer, Anaheim Convention Center. Chris Jarvi, Director of Parks, Recreation and Community Services Department, Greg Smith, Stadium General Manager and Lynn 19 City Hall~ Anaheim~ Cali[orni& - COUNCIL ~INI,W~'E$ - JANUARY 25~ 1994 - 5~00 P.M. Thompson, Convention Center General Manager respectively explained why their employees were chosen as Employees of the Year, predominately because they truly exemplify the "Anaheim Way". 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing January 29, 1994, as 'Amelia Earhart Day" in Anaheim. Recognizing February 27 - March 4, 1994, as NEPCON Week in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,098,424.83 for the period ending January 18, 1994 and $2,453,354.75 for the period ending January 24, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:30 p.m.) Mayor Daly reconvened the City Council meeting. (5:33 p.m.) Before proceeding, Mayor Daly announced it is staff's intent to request a continuance of Item A24 to February 15, 1994, the continued hearing set for 5:00 p.m. today; Colleen Wiley who was present in the Chamber audience to speak on the matter stated she would be back on that date. ITEMS OF PUBLIC INTEREST: Bruce Bottolfson, President, Anaheim Police Association. They are back along with members of IBEW (International Brotherhood of Electrical Workers) and AMEA (Anaheim Municipal Employees Association). Regarding the "blue flu" situation last Tuesday, there was close to a 92% to 98% success rate. Ail the patrol staff called in sick and all the detectives called in sick. Several people had to come in to handle other things that were going on and could not call in sick. This was done pre-planned. The City had a week's notice because the Police did not want the citizens of Anaheim to be kept unsafe. The intent was to show that the Anaheim Police Association (APA) is firmly behind the problems they are having right now with labor negotiations. It has been 2~ years since they had a raise and 1~ years since they have had a contract. All four employee unions are negotiating at the same time which is unheard of in the City. Several months ago, they brought up the idea of an admissions tax. They had their lawyer research the matter. Unfortunately that is not going to be an answer due to constitutional issues. The answer is, money is going to have to come from the Council. They still feel that the use o~ Mr. Richard Kriesler and his ~£rm is eogt£ng the City a lot of money that does not need to be spent. Their estimate is about 1% of what they could have in salary increases has been spent in legal fees. Mr. White's or Mr. Hill's group could probably handle the matter as well without spending the extra money. There are no threats - what they want is answers. They do not want capitulation but compromise and the ability to negotiate a contract. Their jobs are getting harder and harder and more unsafe. They hope the issue can be resolved and that the Council will be willing to talk and do what ever is necessary to resolve the issue. Steve Silver, Attorney, APA. He has been in this business for over 25 years and has gone through a lot of labor disputes. What happened last week was done for a reason - to show the Council that being responsible and reaching an agreement that everybody can live with is a better alternative. It is not going to get better and the only people who are going to suffer are the 2O City Hallt ~-ahe£mt Califor~_4a - COUNCIL MINUTES - J~NUARY 25~ 1994 - 5:00 P.M. citizens. Things are at a stalemate because nobody with the exception of Council Member Hunter has stepped forward to show any leadership or responsible approach to solving the problem. What they are sending to the table is a messenger boy Who has no power. The parties are not that far apart. What they do know is that the officers are underpaid and the Council probably believes they have gone as far as they can go. The APA feels the same way but are prepared to sit down and reach an agreement. If the Council gives them two hours to sit down and talk, they could have the matter wrapped up quickly. The issues are not that difficult. The City is not trying and making any effort. They are getting stonewalled. If that is the position, things are going to get a lot worse and nobody is going to benefit by it. Mayor Daly. He does not know how Mr. Silver can characterize a multi-million dollar improvement in salary and benefits as stonewalling. Mr. Silver questioned over what period of time he is talking about. Nobody is saying that the City has not made an attempt, but they are at a stalemate and the Council needs to try harder. If they are going to sit down with the same offer and maintain the same position, nothing is going to give. He is asking that they go the extra mile and make the kinds of concessions it is going to take to reach an agreement. Warner Reyes, Board of Directors, APA, 508 N. Anaheim Boulevard. He has been a police officer in Anaheim for 20 years and has never seen the deterioration of relations between City Hall and the Police Department and the City Employees in general as it is now. There are not enough cops and the pride of the current police officers is being siphoned away by the Mayor and a couple of others on the Council. They have not had a pay raise for 2~ years as well as other employees. They do not care where the money comes from. They are tired of the situation. They have started a recall. After additional comments, he urged that they get somebody to the bargaining table that can bargain in good faith. Dr. Alice Grant, 628 Gilman Drive, Anaheim. She has been a resident since 1963 and has watched the City change. The crime rate has gone up, gang activity has increased and police response times have gone down. Public safety is her chief concern. The police deserve a pay raise and Anaheim deserves more police officers. Sharon Ericson, President, AREA. She is trying to understand if Council is directing City Management to treat employees poorly or if they do not understand what the employees are angry about. This is the fourth time she has been involved in contract negotiations and she has never seen the problems they are presently encountering in any other negotiations. The last time they used the win-win technique and this time it is a lose-lose. The City is not negotiating but stonewalling every labor group. It is obvious the groups are concerned about their medical benefits that Mr. Bottolfson didn't even touch on. They are concerned those benefits will be reduced in order for the City to save money while they sit back and watch the City's ridiculous spending. A large expense is the City's hiring of attorneys to deal with the negotiations. Richard Kriesler, the City's attorney, has gone completely overboard. They have had an arbitration for the sixth day, the attorney has scheduled five more and they (AMEA) have not begun to present their case. The attorney has a court reporter and has asked for transcripts which are $1300 each and he (Kriesler) makes $190 an hour. If the City continues to keep him, she has no doubt the Police negotiations will go on eternally along with their arbitration. They must pay attention and listen to more than the management side of everything. Labor Relations and negotiations have never been this 21 City Hall, Anahe£mr Cal£fornia - COUNCIL MINUTES - ~AHUARY 25r 1994 - 5:00 P.M. difficult. She urged that they try to lead the City and if not, resign and let somebody who cares take their place. Gina Beitler, Employee Representative, AMEA. Arbitration is now in its sixth day with five more days scheduled. They did some background on the cost of the attorneys the City hired and just with the arbitration and negotiations for the Police, that law firm (Liebert, Cassidy and Frierson) has exceeded $230,000. With those kinds of cost, they would be able to give Police, IBEW, Fire and AMEA raises. A separate attorney handling IBEW has exceeded $44,000. If they have the money to pay an outside law firm for the job duties described in Labor Relations Specialist and City Attorney job specs, why not contract out both of those operations and stop paying both sides. They would appreciate it if the Council would listen to what they have to say. Tiffany Gray, 137 S. Fernando Road, Burbank, CA 91502. She does not live in Anaheim but came to purchase a condominium. She does not understand the priorities. They need police on the street. They deserve a raise. Kendall Seymour, Anaheim Police Officer, 425 S. Harbor Boulevard, Anaheim. The APA has solidified and unified themselves. They want to operate in a spirit of cooperation with the Council. They want their fair share. The multi-million dollar proposal is not going to give them their fair share. They want to be average and not greedy. If the Council does not give the raises they need, they will do everything they need to do as a unified employee association to walk the streets, knock on doors and talk to the voting public. If they do not think the APA can sway an election, they are mistaken. Willie Stewart, 4056 Lombardy, Chino, representing Local 47 IBEW. He could say that all the comments made by previous speakers on the state of labor negotiations apply to Local 47. He has no idea what the value of the City's last offer to his unit was over any time frame, but an absolute is that they have been and continue to be stonewalled. He does not believe the patience and restraint shown by City employees for the past two years and longer is properly appreciated or understood. Speaking for Local 47 they have had many years of a very positive relationship with the City but their patience is wearing very thin. He urged them to send their attorneys to the bargaining table but with a mandate to reach an agreement that is acceptable to both sides and not mandated by either side. Walt Jackson, APA. He has been a police officer for 20 years in the City. There was a comment made about a multi-million dollar raise. He is also a member of the Anaheim City Health Council and at least a million dollars of that raise is being taken away by changing the benchmark for health plans so that the employees have to pay for that change out of their own pocket. The situation has taken City employees that have formerly been splintered and unified them. Also, there is going to be a brain drain in Anaheim with the City's current police officers going to other cities. Ronald Gotze, Member of the Anaheim Police Department for 28 years. The Council forced them to do something last Tuesday that naturally goes against the grain of a police officer. They have united the police into one unit. He is retiring this year so it is no big deal for him, but it seems every time Disneyland needs something, the money comes out of nowhere. He asked if they could tell the citizens where that money comes from. Council Member Simpson. Speaking to Officer Gotze, he stated that he is mistaken about what was said at the last meeting. By the time the Police 22 City Hallt Anaheimt California - COUNCIL MINUTES - JANUARY 25~ 1994 - 5~00 P.M. Association got done talking everybody had left. He came out and shook hands with a lot of folks walking the picket line and shared his sympathy with them and still does. He does not know the solution but there are a couple of Council members who have steadfastly tried to maintain the Utility Users Tax and were never successful. They even tried to earmark a certain portion for public safety and labor relations in general. They have also talked about other means of taxation. He asked that they not accuse him of not being sympathetic with public safety. It is not fair. He has always supported Police and Fire above all others. He supports all of labor. About 30 years ago, he sat on the same side of the table they are on now. He shares their frustrations but he does not know what to do about it short of what he has already done by proposing a tax that will raise $8 million to $9~ million which will go a long way toward solving their problems in the balance of the City's budget deficit. Council Member Pickler. He has been on the Council for twelve years and in the negotiations they have had over the many years with Police, Fire, IBEW and AMEA, they have had the means to do the things they had to do. In the last two years, times have been horrendous. The sales tax and the bed tax in the City has continued to decrease. There is a budget shortfall of $8 million to $9 million next year. They have offered the police a package but they still do not know where the money is going to come from. They have been cutting all the other departments to keep the safety organizations going. If they had the money to do what is being requested, they would do it. Talking about City Hall West, the Arena and other improvements, that money cannot be used for salaries. There are other people who cannot even put bread on the table. He would not want a policeman's job and he knows the City needs more. Something has got to be done. By the beginning of February, the City Manager is going to come in with a program that may allow hiring of more police. When he said they were greedy, he did not mean it in that sense - the City has made an offer where they are borrowing from Peter to pay Paul and libraries and parks are suffering, important areas that help crime and problems with the youth in the short and long term. An offer has been made to the APA that is fair. If things get better, they can always make adjustments. Many of the policemen do not live in the City. He would love to be able to give a substantial pay raise and put 100 more policemen on the street but they do not have the capabilities to do that right now. He reiterated they have made an offer that is fair. Council Member Feldhaus. Every time he thinks they have found a source of revenue in order to give an increase, he is told the money cannot be used for salaries. There is a lot of misinformation coming to the podium as to where they can get monies and how they can be spent. Somewhere along the line, he feels there is miscommunication between City Management and the Police Department. As far as a Utility Users' Tax, one of the compromising statements made by the Council over 2~ years ago was that if a Utility Users' Tax was instituted, the compromise by Mr. Simpson was that it would be sunsetted in 2 years. Things have changed since then, one being that he was elected and one of his promises was to kill the tax. Further, the State began to try to balance its budget on the backs of the cities, counties, special districts and redevelopment. Mello-Roos has been mentioned to use for police facilities. There are restrictions on that money. The citizens are not aware why these monies cannot be used. He believes they have failed in communicating how monies can and cannot be spent. If a tax is to be the answer, he sees it as the responsibility of the citizens to say whether or not they want to tax themselves. He would have no problem placing that issue on a ballot to see if the citizens are willing to tax themselves. The City has made an offer. The City Manager said he is going to find the monies and believes he can find some and he (Feldhaus) questions where he is going to get 23 City Hall~ Anahe£m~ California - COIFI~CIL MII~ITES - ~NUARY 25~ 1994 - ~:00 P.M. it. He is focused on quality of life issues. The only way he can see is to go to some kind of tax but he will not vote for a tax. Mayor Daly. There will be plenty of opportunities to talk about the overall City budget which is adopted every June. It is a matter of public record and available to be read by any citizen. The City Charter also lays out restrictions on various monies available to the Council. He agrees that some of the restrictions are not very well understood. The fund the Council has available is the General Fund that is the primary means of funding City services. All the other funds are either restricted or are enterprise funds such as the Stadium and Convention Center. While this year's budget is balanced, the fiscal year starting July 1, thus far is not. Council Me~ber Hunter. He was Mayor for four years and there was a different Council majority. The City Council is elected by the people to set policy and to tell staff what to do. He believes the Council majority is leaving too much in the hands of staff as to what to do. The Council needs to start telling staff what to do. If he had one more vote, they would have the bed tax to use and the APA situation would be settled. As far as he knows, it is going to be another two years before the Disney project gets off the ground. He recommends that they raise the bed tax now. The Agrigold Building burned down involving $1.5 million, but some Council Members want to build a community center downtown with that money. Council Member Pickler. They have set policy and have given direction to staff. Dick Clark, President, Anaheim Chamber of Commerce. There is another special interest group the Council has not heard about tonight. He would like to remind the Council of the Chamber's Board of Directors position on that matter - namely those people interested in adding a card club to the City. The Directors have taken a position recommending that such a club not be added to the City and that it does not serve the best interest of the majority of the population. They would like the Council to keep that in mind since they may receive pressure from that particular interest group. Ted O'Toole, 21105 Castle Rock, Yorba Linda. He filed a complaint against Anaheim Stadium and talked to the City's legal department about his problem and was told it was up to the Council to make a decision. Otherwise the only alternative he has is to sue and he wants to be in show business and not the law business. He wants the Council to look at the material he submitted previously ruling on the complaint. He rented the Stadium for a ski show which was successful. He rented it for a bicycle show and ran into a conflict with the gun show resulting in a lawsuit. He won the lawsuit. After he won the lawsuit, he went back to the Stadium. He wanted a reasonable contract and instead of the normal $1,500, they wanted a $7,500 cashier's check. He feels they are being biased against him. Mayor Daly asked for clarification that he is a show promoter and is concerned about the amount that City staff asked him to agree to as part of renting the Stadium~ Mr. O'Toole acknowledged that was correct. 24 City Hallr Anaheimr California - COUNCIL MINUTES - JANUARY 25~ 1994 - 5500 P.M. Mayor Daly. They will look over the material submitted by Mr. O'Toole. PUBLIC COMMENTS - AGENDA ITEMS: A number of people spoke on Item A3. (See discussion under that item.) MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of January 25, 1994. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 94R-6 through 94R-11, both inclusive, for adoption. Refer to Resolution Book. City Manager Ruth. He announced that Item A18 should be removed from the Consent Calendar and acted upon separately as a public hearing following the Consent Calendar items. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected referred to Risk Management: a. Claim submitted by Rodney D. Hopkins for property damage and bodily injury sustained purportedly due to actions of the City on or about July 30, 1993. b. Claim submitted by Roy K. Lee for property damage sustained purportedly due to actions of the City on or about November 17, 1993. c. Claim submitted by Pacific Bell, attn: Charlotte Carter, Case No. CF345-0049 for property damage sustained purportedly due to actions of the City on or about June 11, 1993. d. Claim submitted by Billie Jo Jessup for property damage sustained purportedly due to actions of the City on or about July 14, 1993. e. Claim submitted by Lee Venable for property damage sustained purportedly due to actions of the City on or about October 24, 1993. f. Claim submitted by Aqua Skill Marketing, c/o Jonathan S. Landau, esq., for property damage sustained purportedly due to actions of the City on or about October 2~, 1993. g. Claim submitted by David Boothe for property damage sustained purportedly due to actions of the City on or about August 27, 1993. h. Claim submitted by John Carusillo for property damage sustained purportedly due to actions of the City on or about November 17, 1993. i. Claim submitted by James Arthur Ford for property damage sustained purportedly due to actions of the City on or about October 25, 1993. j. Claim submitted by Bert Gar:ia for property damage sustained purportedly due to actions of the City on or about December 3, 1993. 25 City Hallt ~aheim, California - COUNCIL MINUTES - JANUARY 25r 1994 - 5~00 P.M. k. Claim submitted by Gary Lee Gilbert, III for property damage sustained purportedly due to actions of the City on or about October 12, 1993. 1. Claim submitted by Lynda Riddle for property damage sustained purportedly due to actions of the City on or about June 19, 1993. m. Claim submitted by Megin Robinson for property damage sustained purportedly due to actions of the City on or about October 19, 1993. n. Claim submitted by Rose Yano for property damage sustained purportedly due to actions of the City on or about November 18, 1993. o. Claim submitted by Walter J. Berry for property damage sustained purportedly due to actions of the City on or about October 29, 1993. p. Claim submitted by Elaine J. Gilbert, c/o John M. Kent, for bodily injury sustained purportedly due to actions of the City on or about June 21, 1993. q. Claim submitted by David L. Mokhtarian for property damage sustained purportedly due to actions of the City on or about November 16, 1993. r. Claim submitted by Manuel Villalobos, c/o Frank Nicholas, esq., for bodily injury sustained purportedly due to actions of the City on or about August 21, 1993. s. Claim submitted by Heena Y. Vita for property damage sustained purportedly due to actions of the City on or about November 11, 1993. t. Claim submitted by Ted O'Toole for property damage sustained purportedly due to actions of the City on or about November 30, 1993. u. Claim submitted by Katie King for bodily injury sustained purportedly due to actions of the City on or about September 17, 1993. v. Claim submitted by Elva C. Gamez-Villalobos, c/o Frank Nicholas, esq., for bodily injury sustained purportedly due to actions of the City on or about August 21, 1993. w. Claim submitted by Thomas G. Singer for property damage sustained purportedly due to actions of the City on or about September 15, 1993. x. Claim submitted by Southern California Gas Company, attn: Barbara Ygnacio, File No. S-268982-2-MG, for property damage sustained purportedly due to actions of the City on or about August 12, y. Claim submitted by Allstate Insurance, Insured: William F. Eason, Claim No. 2721585129 TSG, for property damage sustained purportedly due to actions of the City on or about July 24, 1993. z. Claim submitted by Susan Byassee for property damage sustained purportedly due to actions of the City on or about September 21, 1993. aa. Claim submitted by Ramona Reveles for property damage sustained purportedly due to actions of the City on or about October 14, 1993. bb. Claim submitted by Lawrence K. and Joanna R. Shelton for property damage sustained purportedly due to actions of the City on or about October 20, 1993. 26 C~t¥ Hall~ An~he£m~ Cal£forn£a - COUNCIL MINUTES - ~ANUARY 25~ 1994 - 5:00 P.M. cc. Claim submitted by Gregory Earl Morgan for property damage sustained purportedly due to actions of the City on or about November 15, 1993. dd. Claim submitted by Rod Carew and Marilyn Carew, c/o William A. Black, esq., for property damage sustained purportedly due to actions of the City on or about October 30, 1992. ee. Claim submitted by Sandra Avila, Daniel A. Avila and Valerie Christine Avila, c/o Lee O'Connor, esq., for bodily injuries sustained purportedly due to actions of the City on or about May 27, 1993. ff. claim submitted by Paul Rodriguez for property damage sustained purportedly due to actions of the City on or about December 7, 1993. gg. Claim submitted by James S. Cason for bodily injury sustained purportedly due to actions of the City on or about August 15, 1993. hh. Claim submitted by Fariba Khaffaji for property damage sustained purportedly due to actions of the City on or about December 2, 1993. ii. Claim submitted by Francis J. Maxwell for property damage sustained purportedly due to actions of the City on or about December 31, 1993. jj. Claim submitted by Pacific Bell, attn= Charlotte Carter, Case No. CF346-0767, for property damage sustained purportedly due to actions of the City on or about October 14, 1993. kk. Claim submitted by Sarah Stevens for property damage sustained purportedly due to actions of the City on or about October 6, 1993. claim recommended to be accepted~ a. Claim submitted by Lea & Roger Christopherson for property damage sustained purportedly due to actions of the City on or about November 18, 1993. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 22, 1993. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held November 8, 1993. 156: Receiving and filing A Monthly Return of Offenses Known to the Police for the month of December, 1993. 117: Receiving and filing a Summary of Investment Transactions for December, 1993, as submitted by the City Treasurer. 105: Receiving and filing minutes of the Community Services Board meeting held December 9, 1993. 105: Receiving and filing minutes of the Public Utilities Board meeting held December 13, 1993. A3. 155: To consider approving a Negative Declaration, pursuant to CEQA findings, for the Santa Ama Canyon Road Enhancement Project which involves improvements to traffic circulation, traffic signal modifications, street widening and resurfacing, as well as removal, replacement and planting of 27 City Hallr Anaheim~ California - COUNCIL MINUTES - JANUARY 25r 1994 - 5~00 P.M. additional trees (east of Solomon Drive to Avenida Margarita, and along Imperial Highway from the southerly SR-91 Freeway ramp to Avenida Bernardo North). Submitted was report dated January 12, 1994 from the Director of Public Works and City Engineer, Gary Johnson recommending that the Council adopt a Negative Declaration for the Santa Aha Canyon Road enhancement project which involves improvements to traffic circulation, traffic signal modification, street widening and resurfacing as well as removal, replacement and planting of additional trees. The following people requested to speak to the issue and a summary of their remarks are included. Sharon Ericson. She is speaking on behalf of her homeowners association and herself. It appears the City is planning to move forward on the Santa Aha Canyon Road project up to and including the widening. She attended the meeting referenced in the staff report that the Anaheim Hills Citizens Coalition (AHCC) organized. The meeting centered around street lights, trees, etc., with very little discussion about the widening, if any. Some people were quite concerned about Mello-Roos being spent for the widening instead of a school or other improvements. The City seems to think that AHCC is a group that decides what is best for the citizens of Anaheim Hills and that is not true. The coalition does not represent anyone she knows. Her homeowner's group and every other citizen she has spoken to does not want Santa Ana Canyon Road widened and they do not want to lose the big trees. They want the City to leave the little bit of rural area they have left. If the road is widened, there will be two freeways instead of one. Marilyn Hauk, 6071 Camino Cotter, Anaheim. Reading the staff report and backup material, one would believe that the proposed project has been blessed by all but that is not the case. She lives right next to where the project is taking place (Canyon Oaks Development). They do not want any of the items that are listed. The bottom line is - they do not want the project. If the homeowners knew what was going on they would all be present. At the October meeting referred to in the report, she stated that the AHCC was not representing the neighborhood. The coalition does not represent anyone but themselves. Before a signal is installed on Solomon, something has to be done on Imperial at Canyon High School. Carol Rudat, 281 Old Bridge Road, Anaheim. She was at the October meeting and wants to make certain it is clear that the AHCC is nothing more than a small group of people who do not represent Anaheim Hills. There is no coalition. They did not elect them. She is going to proceed with legal counsel with these people who are projecting themselves to the Council that they are representing the homeowners in Anaheim Hills. She is absolutely against spending $1.25 million on less than a mile of road. A light is not needed at Solomon and pathways that people do not use are not needed. Where a light is needed which will cost approximately $110,000 is in front of Canyon High School. She has written letters and has another to submit and she has been conversing with the Traffic Department regarding this needed light. She urged that they use the $1.25 million and do something positive with it. She will do everything in her power to stop the project. If they need more police and fire or other stop lights, that is where the money should go. Mayor Daly. Because of her expression of concern as well as others, he is going to ask staff later in the meeting to give a brief summary and status report of where the project stands. 28 City H&11, An&helm, Cali~o~n£a - COUNCIL MINUTES - JANUARY 25, 1994 - S~00 P.M. Ron Allen, 23 Beechwood, Irvine. He is part owner of the real estate office and the two-story office building at the proposed location for improvements. The plan is to take 18 feet from the corner over to the building resulting in the edge of the sidewalk being within 3 feet of the real estate building. He had previously submitted a letter to the Council containing additional comments. It would seem to him that the $1.25 million could be used instead for the Police Department. George Vantusko, 1006 Mountvale Court, Anaheim, President of Highlands Maintenance Corporation. They have 400 homes in the Association currently. He is present to speak especially as a Mello-Roos taxpayer. He then spoke about the proposed improvements on Santa Aha Canyon Road and how that project will impact some of the other more important projects he is paying for in his Mello-Roos taxes. He believes they can do away with this project and put the money to better use such as for a police station promised near the Festival Shopping Center. As a citizens group, they would like to talk to the City's Planning staff as to how the funds could be used. Sherry Flynn, 1042 Mountvale Court, Anaheim. She also pays the Mello-Roos tax and does not believe that the proposed road enhancement is in keeping with the direct intent of the original Mello-Roos bonds. If there are safety issues and beautification, she does not believe that small area of taxpayers should have to pay for the road enhancement. If they are impacting the traffic, that is one thing but they did not agree to this and were not included in the discussions. If they can get 25% of the registered voters in the Mello-Roos area to start a petition, that starts the City to have a resolution of consideration and public hearings and they can change and redirect their money. The only two things left are Deer Canyon Park improvements and a police station. They are proposing to put the funds towards a police sub-station. They would like to work with the City. They have retained an attorney to set up a petition regarding the use of the funds. However the Council votes, they are going to proceed and they would like the City to be with them and not against them. Council Member Hunter. Listening to the speakers, the Council should not decide what to do with that money but instead the people who are paying those additional sums under Mello-Roos. It is not difficult to figure out if they have the ability to vote on where the funds should go, they are going to vote that the $1.25 million go for a police sub-station. One of the biggest priorities in Anaheim Hills is to do something about Imperial at Canyon High School. Staff should be looking at that issue vs. the widening of Santa Ana Canyon Road. If the issue were put on the ballot, he believes the vote would be 98% to 2% not to change Santa Ana Canyon Road and not tear down the Eucalyptus trees. Bill Wagner, 7945 View Rim Drive, President of the View Point North Homeowners Association, also a part of the Highlands project. They need someone who is willing to listen. The Mello-Roos tax was intended to help offset additional public works projects such as police stations, fire stations, schools, parks and traffic abatement. It is his understanding that the widening of Santa Aha Canyon Road is off and is not even under consideration any longer which is fine. He urged that they work with the homeowners to redirect the money. Crime is the concern of 90% of Orange County residents. Chris Herms, 1083 Mountvale Court, Anaheim. He agrees with the last few speakers. The Mello-Roos money should go to the first priority - a police sub-station in the hills. He does not believe the majority of the people want the improvements proposed. If the road is widened, it will be like a magnet 29 City Hall~ ~he£~ C&l£forn£a - COUNCIL HINUTES - ~ANIJARY 25~ 1994 - 5:00 off the freeway. As a resident of the Highlands who pay Mello-Roos, a police mub-station is much more important. Mayor Daly. He asked if Mr. Herms and the other residents had a copy of the limt of projects which are to be built with Mello-Roos funds. As he recalls, some funding for the new police building is on the Mello-Roos list as well as parks and road widening. He believes what they are suggesting is that the li~t of proposed expenditures approved in the Mello-Roos districts a couple of years ago be reconsidered, that they are not disagreeing with the entire list or the priorities but they do not want to see the widening occur and that the money be shifted to other priorities such as the substation. He wanted to be sure they had a list of the proposed capital projects over the 25 year span of the Mello-Roos. Mr. Herms acknowledged Mayor Daly's understanding and they do have a list of the projects. Susan Sigmund, 6831 E. Kentucky, Anaheim, member of the Anaheim Hills Citizens Coalition. In general, her group is very well respected in the Anaheim Hills area as a calm and rational group. For the five years they have been in existence, they have been liaisons of information and have purported to be nothing else. They do not say they speak for the citizens of Anaheim Hills on any issue and their opinion does not carry the deciding vote on this project. As information was given to them on this project, they attempted to inform those that they thought were most affected or most interested. They have a list of persons from their community meetings and newsletters who are interested in this issue and that is how they contacted them personally. They were invited to review the project and subsequently agreed to include the project on their community meeting agenda on August 14, 1993. It was the feedback from their organization that led to the downsizing and actual elimination of the original Santa Aha Canyon Road widening project. There has been no covert or underhanded attempt by their group to exclude anyone from learning more about the project. The fact that there are so many people present tonight who are concerned about the project and how it effects them is testimony that their group has met their goal. They have done a good job and they are not remiss. Mayor Daly asked to hear from staff on this item. Gary Johnson, Public Works Director and City Engineer. They are not prepared this evening to discuss the Mello-Roos program or any determination of the legality of holding hearings or to make any determination of the legality of holding hearings to take projects and eliminate or downsize them or move them from one to another. If the Council would like a report on that issue, it will have to be at a subsequent meeting. He then asked Ruse Maguire, Deputy City Engineer to report on the planning for the project, the funding and the need for the improvements. Ruse Maguire, Deputy City Engineer. In 1989, Mello-Roos districts were set up and specific portions of bonds were designated for Santa Aha Canyon Road improvements. The process was begun on studying an environmental clearance of that program which occurred in 1990-91. In 1992, they were invited to attend one of the first meetings of the coalition (May, 1992) they understood it was an advisory type commission and were pleased to have that type of forum. As he remembers the meeting, there were a couple of hundred people present. Most were in opposition to the full scale widening from Imperial to west of Weir Canyon. Based on that meeting and informal discussions with members of the community, they reviewed the areas where the needs were the greatest for capacity improvements, safety improvements and related enhancements. In June, 30 City Rallm ~nahe~ar Cal£fornia - COUNCIL NINUTES - J~M~JARY 25r 1994 - 5200 P.N. 1992, they issued a down scoping memorandum which was well received. Based on that, they proceeded with a revised program which was also checked with bond counsel to assure it was still consistent with the intent of the bond issue and received an affirmation response. They proceeded with the preliminary design of the program. In October, again with the assistance of the coalition, they went back to a general meeting to discuss the program. He explained what was discussed. Since the meeting in 1992, the Orange County Transportation Authority has designated Imperial Highway as a "smart street" corridor and are in the process of clearing environmental documents which will be released next month. It covers Imperial all the way down through the intersection of Imperial calling for the same improvements they are proposing with the program. That is the status. They feel that the coalition is providing them with a forum for them to discuss the matter in public. At no time did they request them to provide any type of approval. He then confirmed, on questions by Mayor Daly that the preliminary design has been completed so they can proceed with the environmental process. They are going to final design right now with the selection of a consultant which is just about ready to come forward to Council. Mayor Daly asked if there was any legal problem if the Council chooses to not take action on the EIR matter this evening but to continue it for a couple of weeks so they can obtain more facts as well as information on the Mello Roos district; City Attorney White confirmed that there is no legal problem in doing that. Mayor Daly. He suggests that they do not take action on the matter this evening. Staff has proposed approval of the negative declaration on the EIR. He would like to postpone the matter for 30 days so they can obtain more information about the Mello-Roos district, the status, and to revisit the list of capital projects which were approved a couple of years ago, the legal issues, and if there would be interest in changing the operating plan, how that might be accomplished. George Vantusko. He reiterated he is wondering if there is some way with the assistance of Planning staff or the City Council, they could get all the taxpayers paying Mello-Roos together, appoint some representatives, possibly the board of directors from each association, and the people who are paying for the improvements living in the area of Serrano and Canyon Rim. He is looking for some way to have a medium to communicate especially the fact that they do not want the funds spent on beautification. In his area, there are four or five associations and all together probably less than a dozen. Mayor Daly. Perhaps that meeting could be scheduled and staff could report back to the Council. If they continue to disagree with what professional s~aff iS recommending, ~he Council will be informed. Mr. Vantusko stated that they will be waiting to hear from the City. MOTIONs On motion by Council Member Hunter, seconded by Council Member Pickler, the continuation of the subject was set for Tuesday, March 1, 1994. Later in the meeting, staff requested a continuance to March 15, 1994 which was approved by the Council on motion by Council Member Hunter, seconded by Council Member Pickler; City Clerk Sohl stated she would inform Mr. Vantusko of the new date of March 15, 1994. A4. 174: RESOLUTION NO. 94R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO CONTINUE A DISADVANTAGED BUSINESS PROGRAM FOR ALL PROJECTS IN THE CITY OF ANAHEIM RECEIVING UNITED STATES DEPARTMENT OF TRANSPORTATION 31 City Hallf Anaheia~ C&lifornia - COUNCIL MINUTES - JANUARY 25~ 1994 - 5:00 P.M. FUNDING AND ESTABLISHING A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF 13.00% FOR THE FEDERAL FISCAL YEAR ENDING SEPTEMBER 30, 1994. AS. 151: Approving an Encroachment License Agreement with Lobell Financial Corporation for a phone and data communication line to be located within Woodland Drive to link two office buildings located at 2544 and 2528 Woodland Drive (Encroachment No. 93-9E.) A6. 169: RESOLUTION NO. 94R-7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS FOR ORANGEWOOD AVENUE AT THE I-5 FREEWAY. A7. 158: Finding and determining, in accordance with Section 1222 of the City Charter, that the proposed sale of City-owned real property, being a portion of Old Santa Aha Canyon Road right-of-way located approximately 1220 feet west of Avenida Margarita, is in the beet interests of the City (2,215 sq.ft, of slope area). Accepting the offer received, in the amount of $1,500~ and authorizing the Mayor and City Clerk to execute the Quitclaim Deed. Amending the FY 93/94 budget by increasing revenues in Account No. 101-412- 3267-5151 by $1,500. A8. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for four months ended October 31, 1993. Ag. 152: RESOLUTION NO. 94R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING CERTAIN PERSONS TO ACT ON BEHALF OF THE CITY OF ANAHEIM IN APPLYING FOR AND OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER P.L. 93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988 AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT. (Finance Director~ Assistant Finance Director~ Emergency Services Coordinator) Council Member Simpson. He has had a number of calls that have made him aware people are concerned about the City applying for Federal Grant monies to repair the scoreboard at the Big A which was damaged in the recent earthquake. He tried to explain as best he could how the process works. Their rationalization, and it was hard to argue with them, was that it does not make any sense economically or otherwise to spend money on a scoreboard in light of what is happening to those people who have lost their homes. Be asked for an explanation from the City Manager. City Manager Ruth. The City's application to FEMA has always been a backup procedure. The first approach is to try to recover any of the damages from the contractor, those that designed, installed or constructed the improvements. Should that not be successful, they are also looking at the City's insurance options in terms of the City's deductible to see if they would qualify for those. In the event they are able to qualify or recover any of those costs, and if they ever did get any reimbursement from FEMA, the City would have to pay that money back to the Federal Government. Al0. 123: Approving an Agreement with Jones Hall Hill & White as Bond Counsel regarding the 1994 Taxable Note Issue ($95 million - competitive sale). 32 C£t¥ Hall. Pmahe£m, Cal££orn£a - COUNCIL MINUTES - JANUARY 25, 1994 - S:00 P.M. Approving an Agreement with Rauscher Pierce Refsnes, Inc., as Financial Advisor regarding the sale of this taxable note issue. All. 139: Approving the Legislative Program Goals and Objectives for 1994 included in the City of Anaheim Legislative Program Report for 1993; and receiving and filing the final Legislative Program Report for 1993. A12. 123: To consider approval of a First Amendment of Purchase and Sale Agreement and Escrow Instructions between the City of Anaheim and SGF, a California limited partnership; and authorizing the Executive Director of Community Development to execute said First Amendment in connection with Anaheim Auto Center; and approving an Option to Purchase Real Property between the City of Anaheim and Mitsubishi Motors of America; and approving an Option to Purchase Real Property between the City of Anaheim and General Motors Corporation. City Manager Ruth. Staff requests a continuance of two weeks on this item. At the conclusion of the Consent Calendar this item was continued for two weeks. A13. 140: Accepting grant funds, in the amount of $5,000 for a Library Services and Construction Act grant which focuses on serving the Immigrant population; and amending the FY 1993/94 budget by increasing revenue and expenditure appropriations in fund 217, Program 4273, by $5,000. Al4. 113: RESOLUTION NO. 94R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Public Utilities Department.) A15. 175: Authorizing the Public Utilities General Manager to execute the ballot rejecting the plan of reorganization in the Chapter 11 Bankruptcy Case of Charles D. and Dawn E. Healy on behalf of the City of Anaheim; and any necessary documents; and accepting any settlement of 35% or above for the outstanding debt, providing the repayment terms do not exceed six months. A16. 123: Approving Caltrans Agreement No. 12262 for Segment E (Electrical Facilities), and Agreement No. 12264 for Segment E (Water Facilities) to develop plans for relocation/replacement of utility services for the I-5 Freeway widening project; and authorizing the Public Utilities General Manager to execute and deliver the Agreements in the forms hereby approved, with such additions thereto and changes therein as are approved by the Public Utilities General Manager, such approval to be conclusively evidenced by the execution and delivery thereof. A17. 175: Authorizing the Public Utilities Ceneral Manager to accept a settlement agreement on behalf of the City of Anaheim in the Chapter 11 Bankruptcy matter of Smarty Pants N' Tops, Too, Inc., (dba. Susie's Deals). A18. 000: RESOLUTION NO. - .... : Amending the Fiscal Year 1993-94 budget by increasing revenue account 101-213-4286-3321 by $29,295, decreasing revenue account 101-213-4274-2601 by $5,542 and decreasing various expenditure accounts within Program 4274 by $5,542. This item was considered separate from the Consent Calendar as a public hearing. (See public hearing amending fees for Park and Recreation programs and services following the Consent Calendar.) 33 C£t¥ ~1~ Anahs£m~ Californ£a - COUNCI~ MINUTES - ~ANUARY 25~ 1994 - 5~00 P.~. A19. 123: Approving a Fourth Amendment to Agreement with Don Poff to extend the golf professional services contract at Anaheim Hills Golf Course for one year through February 2, 1995. A20. 153: RESOLUTION NO. 94R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT (Creating classifications of Fleet and Facility Manager, and Streets and Sanitation Manager, effective January 28, 1994). A21. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 4, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A22. 114: Approving minutes of the Anaheim City Council meeting held December 14, 1993, and the Special meeting held January 19, 1994. A23. 123: To consider approving a Second Lease Extension with the Magnolia Elementary School District extending the lease of the Juliette Low School site for ten years (to December 31, 2003) with an additional five year option period. Approving a Second Extension of Sublease with the Los Angeles Rams Football Company, Inc., extending the sublease of the Juliette Low School for an additional ten years (to December 31, 2003) with an additional five year option period. City Manager Ruth requested a one-week continuance of this item. At the conclusion of the Consent Calendar, this item was continued one week. Roll Call Vote on Resolution Nos. 94R-6 throuqh 94R-10~ both inclusivet for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution Nos. 94R-6 through 94R-10, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A18. 000/150: PUBLIC HEARING - AMENDING FEES FOR PARK AND RECREATION PROGRAMS AND SERVICES - ADULT SOCCER LEAGUE AND SENIOR DAY CARE PARTICIPANT FEES: Amending fees to be charged for Park and Recreation programs and services commencing September 1, 1993 - Adult Soccer League and Senior Day Center participant fees and amending the Fiscal Year 1993/94 Budget accordingly. Submitted was report dated January 5, 1994 from the Director of Parks, Recreation and Community Services, Chris Jarvi recommending approval of the subject fee amendments. Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak; there being no response, he closed the public hearing. 34 City H&llr ~he£m, California - CO~'NCIL MI~S - ~ANUARY 25f 1994 - 5:00 P.M. Council Member Pickler offered Resolution No. 94R-11 for adoption, amending fees to be charged for Park and Recreation programs and service8 commencing on September 1, 1993. (Adult Soccer League and Senior Day Center participant fees.) Refer to Resolution Book. RESOLUTION NO. 94R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING FEES TO BE CHARGED FOR PARK AND RECREATION PROGRAMS AND SERVICES. (ADULT SOCCER LEAGUES; SENIOR DAY CENTER) Roll Call Vote on Resolution No. 94R-11 for adoption= AYES: NOES= ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS= COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution No. 94R-11 duly passed and adopted. MOTION: Council Member Pickler moved to amend the Fiscal Year 1993/94 budget by increasing revenue account 101-213-4286-3321 by $29,295, decreasing revenue account 101-213-4274-2601 by $5,542 and decreasing various expenditure accounts within Program 4274 by $5,542. Council Member Simpson seconded the motion. MOTION CARRIED. A24. 121: CONTINUED HEARING - CONDEMNATION OF CERTAIN REAL PROPERTY - CERRITOS AND SINCLAIR STREETS - DONALD DAY PROPERTY: To consider a resolution finding and determining the public interest and necessity to condemn certain real property interests located near the intersection of Cerritos and Sinclair Streets; and authorizing the filing of a Notice of Determination with respect to the widening of Cerritos Avenue (Donald Day Parcel); and authorizing the law firm of Oliver, Bart, and Vose, special counsel to the City, to proceed with said condemnation action. Submitted previously was report dated December 14, 1993 from the Community Development Department recommending the subject action. This matter was continued from the meetings of December 14, 1993 and January 11, 1994 to this date. (See minutes those dates.) Mayor Daly earlier in the meeting had announced that it was staff's recommendation that this item be continued to February 15, 1994. (See comments before the start of Items of Public Interest where Colleen Wiley was present to speak to the item.) City Manager Ruth confirmed that staff is recommending a continuance to February 15, 1994. MOTION: Council Member Daly moved to continue the hearing on the subject to Tuesday, February 15, 1994. Council Member Feldhaus seconded the motion. MOTION CARRIED. A25. 105: APPOINTMENTS TO THE ANAHEIM PRIVATE INDUSTRY COUNCIL (APIC): Appointments to the Private Industry Council to fill four vacancies - three private sector and one public sector appointments. Submitted was report dated January 25, 1994 from Marge Pritchard, JTP Manager recommending that the Council make the subject appointments attach to which was a slate of nominees (Chart A) for the Private Sector Category and one name for the Public Sector Category (Chart B). 35 City Hallr Anahe£mr Californ£a - COUNCIL MINUTES - JANUARY 25~ 1994 - 5:00 P.N. Mayor Daly. He stated it is the desire of some Council Members to continue the appointments. He noted, however, that there is only one name submitted in the Public Sector Category. He feels the Council should probably move forward with that one slot tonight. He thereupon nominated George Williams as the appointee to the Private Industry Council, Public Sector Category for a two-year term. MOTION: Council Member Daly moved to appoint George Williams to the Private Industry Council, Public Sector Category for a two-year term. Council Member Pickler seconded the motion. MOTION CARRIED. The three appointments to the Private Sector Category were continued one week by general Council consensus. A26. 105: APPOINTMENT TO ORANGE COUNTY VECTOR CONTROL BOARD: To consider the appointment or reappointment of a representative to the Orange County Vector Control Board for a term of two or four years. Mr. Gilbert Challet, District Manager of the Orange County Vector Control District. In his letter of November 19, 1993 explained that the term of Mr. Len Lawicki, the City's current representative was to expire December 31, 1993 and that a consecutive appointment, if any, may be for a term of two or four years. MOTION: Council Member Pickler moved to reappoint Mr. Leonard Lawicki as a Board Member to the Orange County Vector Control District for the four-year term ending December 31, 1997. Council Member Simpson seconded the motion. MOTION CARRIED. ITEM BI FROM THE ZONING ADMINISTRATOR MEETING OF JANUARY 6m 1994: DECISION DATE: JANUARY 13r 1994 INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 28, 1994: B1. 179: CONDITIONAL USE PERMIT NO. 3657 AND NEGATIVE DECLARATION: OWNER: Jameel Hasan Zaini, Abdullah Ahmed Mejjallid, Robert L. Meyer, 1620 South Hanley, St. Louis, MO 63144 AGENT: Cheryl Bartolini, 14715 Jeffrey Road, Irvine, CA 92714 LOCATION: 600 West Lincoln Avenue (El Conejo Drive thru Anaheim). Property is approximately .40 acre, with frontage of approximately 135 feet on the south side of Lincoln Avenue, having a maximum depth of approximately 192 feet and being located approximately 445 feet west of the centerline of Harbor Boulevard. To permit on-premise sale and consumption of beer and wine, within an existing drive-thru fast food restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Conditional Use Permit No. 3657 APPROVED (ZA DECISION NO. 94-01) Approved Negative Declaration. A review of the Zoning Administrator's decision was requested by Council Members Pickler and Daly, and therefore, a public hearing will be scheduled at a later date. B2. 179: ORDINANCE NO. 5416 FOR ADOPTION: Amending various Sections of Chapters 18.31, 18.32 and 18.34 of Title 18 of the Anaheim Municipal Code relating to detached condominium projects. (Introduced at the meeting of January 11, 1994.) 36 City Rail, Anaheim, California = COUNCIL MINUTES = JKNUKltY 25r 1994 - 5~00 P.M. Council Member Pickler offered Ordinance No. 5416 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5416: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTERS 18.31, 18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DETACHED CONDOMINIUM PROJECTS. Roll Call Vote on Ordinance No. 5416 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Ordinance No. 5416 duly passed and adopted. B3. 179: ORDINANCE NO. 5417 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 93-94-04 located at 1732-1734 South Euclid Street from the CH zone to the CL zone. Council Member Daly offered Ordinance No. 5417 for first reading. ORDINANCE NO. 5417: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-04 LOCATED AT 1732-1734 SOUTH EUCLID STREET FROM THE CH ZONE TO THE CL ZONE. C1. COUNCIL COMMENTS: 114: STATUS - BUDGET WORKSHOP: Council Member Simpson. He asked the City Manager if the date for the Council budget workshop had been established. City Manager Ruth. They are waiting to see if Anaheim receives the Federal Grant for additional policemen and the workshop would then be scheduled the week after that announcement. It is anticipated that the announcement from the Federal Government will be February 1, 1994; Council Member Simpson surmised that if the City Manager brings forward potential or alternative revenue sources, that cannot be acted on at that time but would have to be agendized. City Attorney White answered that was correct. 126: UPDATE ~ STATUS ON THE DISNEY PROJECT: Council Member Hunter. He would like to have an update on the Disney project in ex~eut£ve ~e~g£on by Tom Wood and the City'B attorney. City Manager Ruth. They have a final negotiating meeting with them on Thursday of this week. They have been meeting with Disney on a regular basis and negotiating on several remaining issues. Staff's objective is to bring that to closure for this Thursday and then to work on a development agreement. Late last week, he was reassured that the project was still on the table. He can only share what they have been told. 174: EXPLANATION OF INTENT OF COMMUNITY DE%FELOPMENT BLOCK GRANT (CDBG} PROGRAM AND FUNDING: Council Member Feldhaus. With respect to CDBG Block Grant monies, there seems to be a lot of dissention going on in that committee. He feels it is necessary to explain the purposes of CDBG funds, where the funds are supposed to be spent etc. He feels they need to revisit the whole idea of CDBG. 37 City Hall~ Anaheim~ California - COUNCIL MINUTES - JANUARY 25~ 199d - 5:00 P.M. Mayor Daly stated there is disagreement amongst the Advisory Committee as to how the money should be spent; City Manager Ruth stated and also amongst their recipients as well but it is not unusual. Mayor Daly. With each passing year, the competition for that "pot" of money becomes more intense. There are limitations as to how much can go to non-profits and there are also caps within CDBG as well. It would be good to have a summary and a reminder of where that money can be spent. Council Member Feldhaus. He feels that such a summary would be good for members of the Committee as well; City Manager Ruth. They just did a Federal audit for HUD. They reviewed the process carefully. They will be happy to share that with the Council plus any other comments or findings they had. Council Member Pickler. Staff is always working on CDBG funds. Perhaps staff can give a report as to what Council Member Feldhaus is requesting. Mayor Daly. He reiterated it would be helpful to have a summary of the legal underpinnings of the CDBG program. He asked that the City Manager prepare a summary for both the Council and CDBG Committee on the intent of the program. 114: POSSIBLE REUSE OF WATER PUMPED OUT OF LANDSLIDE AREA: Council Member Pickler asked if water was still being pumped out of the Anaheim Hills Landslide area and, if so, could that water be recaptured and used for other purposes. City Attorney White confirmed that the water was still being pumped out and as far as reusing it, the question is one of cost - how to capture and transport it. Council Member Pickler. He asked if Utility staff had looked into the possibility as it may be worthwhile; City Attorney White. Staff can look into the matter. ADJOURNMENT: By general consent the Council adjourned. (7:36 p.m.) LEONORA N. SOHL, CITY CLERK 38