1994/06/07City Hall, _Anaheim, California - COUNCIL MINUTES - JUN~E 7, 1994 - 2:00 P.M.
The City Council of the City of Anaheim met in special session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly
COUNCIL MEMBERS: Hunter
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
ASSISTANT CITY MANAGER: Dave Morgan
FIRE CHIEF: Jeff Bowman
DATA PROCESSING DIRECTOR: Janet Mace
UTILITIES GENERAL MANAGER: Edward Aghjayan
DEPUTY CITY MANAGER: Tom Wood
RISK MANAGER: Tom Vance
FINANCE/ADMINISTRATION MANAGER: Bill Sweeney
LIBRARY: Bill Griffith
CONVENTION CENTER GE};ERAL MANAGER: Lynn Thompson
HUMAN RESOURCES DIRECTOR: Dave Hill
A complete copy of the agenda for the special meeting of the Anaheim City Council
was posted at 1:00 p.m. on June 7, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the special meeting of June 7, 1994 to order at 2:12 p.m.
PUBLIC HEARING - CITY BUDGET: To consider the proposed 1994/95 Budget Plan.
FISCAL YEAR 1994L1995 DEPARTMENTAL BUDGET WORKSHOP:
City Manager James Ruth: This is a public hearing to review and adopt the City's
1994/95 Budget pursuant to City Charter Section's 1202, 1203, and 1204. The City
Council has been provided the proposed budget document and supporting documents
and information which has been available since May 10, 1994 for public
inspection. Following today's presentations and public £nput, the hearing will
be continued to June 14, 1994 and may at Council's discretion be continued to
subsequent dat~es but prior to July 1, 1994 and still meet charter requirements.
City Manager Ruth than briefed portions of his transmittal letter dated ~4ay 9,
1994 on pages 5 through 7 of the Sum~ary Budget Document - Annual Budget - City
of Anaheim - 1994/95o His presentation was supplemented by slides which
explained in more detail City-wide expenditures, General Fund Expenditures,
General Fund Revenues, Sales Tax, and TOT (Transient Occupancy Tax) Revenues,
Property Tax Revenues, etc. Despite weak economic conditions and revenue losses,
the City has been able to maintain primary services such as Police and Fire
protection but other City services have been reduced to 'the point where
additional service level reductions would jeopardize their fundamental mission.
The proposed budget has also required each department to further reduce
expenditures (i.e., cut services) to meet their general fund discretionary
targets. The budget also contains a number of strategies, including limited use
of reserves which he would not normally recommend. The proposed budget totals
$577,919,423.00, a decrease of $38,231,030.00 or 6.2% from the current fiscal
year 1993/94 budget. This decrease is largely attributable to capital project
reductions in Public Ut[l%ties and Public Works. The proposed General Fund
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Budget totals $136,914,962.00 an increase of $1,289,796.00 or 0.9% over the
current year budget. This increase is primarily due to a $3,541,276.00 or 4.7%
increase in public safety related expenditures with offsetting reductions in
other general fund departments. Before concluding his presentation, Mr. Ruth
gave a further explanation relative to the status of reserve funds. He then
introduced the Assistant City Manager, Dave Morgan who will begin departmental
presentations.
Dave Morgan, Assistant City Manager: There are new programs which are a part of
the City Council Budget - the Legislative Program and the Community Promotion
Program (see budget page 29). The Community Promotion Program consists of the
Visitor and Convention Bureau Programs with an operating budget for 1994/95 of
$3,727,500.00. He then introduced Mr. Charles Ahlers from the Visitor and
Convention Bureau to give a report.
Mr. Charles Ahlers, Visitor and Convention Bureau. He noted that the competition
continues to increase with adjacent cities having expanded their Convention
Centers, the closest competition being Los Angeles, San Diego and San Francisco.
Las Vegas has assumed Anaheim's identity becoming the new family-oriented
destination. The tourism side involves the major portion of the economic down
turn. He thereupon submitted and briefed a data sheet capsulizing the City's
convention history (made a part of the record). The numbers looked good for the
past ten years but were off in 1993 which is largely a product of competition.
Also, Anaheim's infrastructure is a little dated and he feels it is necessary to
do something with the Convention Center to maintain their competitive edge
enjoyed for the last decade. The real measure of their success lies in
convention attendance and bookings for the future and the number of visitors they
bring to the area.
City Manager Ruth then introduced each department's budget presentation giving
its location in the budget document, budget totals, adjustments and capital
improvements if any. He also reported to the extent which department's have made
expenditure reductions.
The following Department heads then gave an overview of their department's
proposed budget, some explaining their plans and their objectives for the coming
year and accomplishments in the past fiscal year. Any changes from the plan
presented were also explained at this time. Questions were also posed by Council
Members at the conclusion of some of the presentations which were answered by the
department head or appropriate staff:
Dave Morgan, Assistant City Manager (for City Manager Ruth) -
Administration which includes City Manager's Office, Budget and Audit,
Risk Management, Intergovernmental Relations, Public Information and
Anti-Drug/Gang Coordination - Page 30-33 - Budget.
Lee Sohl, City Clerk - City Clerk's Department - Page 36/37 - Budget
Document.
Bill Griffith, Library Director/Library Department - Page 54/55 - Budget
Document.
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Jeff Bowman, Fire Chief - Fire Department - Page 50/51 - Budget Document.
Following Chief Bowman's presentation, issues discussed as a result of Council
questions were:
The need for Capital improvements to Station's 5 and 6 and replacement of Station
3 with Station 4, possible funding stream to accomplish the improvements, and
potential restructuring of the Paramedic Fee (report to be submitted by Staff).
ADJOURNMENT: Council Member Simpson moved to adjourn the Special Meeting of June
7, 1994. Council Member Daly seconded the motion, Council Member Hunter was
absent. MOTION CARRIED. (3:22 p.m.)
LEONORA N. SOHL, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 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 (entered
Council Chamber at 5:46 p.m.), Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
ASSISTANT CITY CLERK: Ann M. Sauvageau
ASSISTANT CITY MANAGER: Dave Morgan
FIRE CHIEF: Jeff Bowman
DATA PROCESSING DIRECTOR: Janet Mace
UTILITIES GENERAL MANAGER: Edward Aghjayan
DEPUTY CITY FJ~NAGER: Tom Wood
RISK MANAGER: Tom Vance
FINANCE/ADMINISTRATION MANAGER: Bill Sweeney
LIBRARY: Bill Griffith
CONVENTION CENTER GENERAL MANAGER: Lynn Thompson
HUMAN RESOURCES DIRECTOR: Dave Hill
PARKS & RECREATION DIRECTOR: Christopher Jarvi
PARKS & RECREATION PARK SUPERINTENDENT: Jack Kudron
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 1:00 p.m. on June 3, 1994 at the Civic Center kiosk, containing all
items as shown herein.
Mayor Daly called the meeting of June 7, 1994 to order at 3:22 p.m.
The meeting opened with the continuation of the Departmental Budget Workshop
and presentation by the respective Department Heads:
Janet Mace, Data Processing Director - Data Processing Department - Page
46/47 - Budget Document.
Lynn Thompson, General Manager - Convention Center - Page 44/45 - Budget
Document.
Dave Hill, Human Resources Director - Human Resources Department - Page
52/53 - Budget Document.
Jack White, City Attorney - City Attorney's Office - Page 34/35 - Budget
Document.
Ed Aghjayan, Public Utilities General Manager - Public Utilities
Department - Page's 70-73 - Budget Document. (Mr. Aghjayan's
presentation was supplemented by slides)
Departmental presentations were concluded at this time.
Mayor Daly. He asked to hear from the Chairman of the Budget Advisory
Commission (BAC) on the recommendations of the Commission.
Shirley McCracken, Chairman, Budget Advisory Commission. (Also see minutes of
May 24, 1994 - Joint Meeting of Budget Advisory Commission with the City
Council where the BAC Report of May 19, 1994 was submitted and input received
from Mrs. McCracken and Members of the Commission). She briefed the
background on the establishment of the Commission by the Council in 1991 and
the charge given to the Commission. She also briefed the past recommendations
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given to the Council by the Commission and the recommendations made for the
fiscal year 1994/95 Budget specifically, (1) Staff continue to monitor what
other cities are doing. (2) Staff continue to review all activities for
potential privatization. (3) The City continue to utilize part-time and
contract employees where appropriate. The majority of the Commission Members
were in favor of other recommendations as well but there was not sufficient
time to come to a conclusion. As is evident from their report (see report of
May 19, 1994 attached to which were additional recommendations to the Council
in order of priority) there are a list of issues the BAC still needs to
consider on an on-going basis.
Mayor Daly then posed questions to Mrs. McCracken relative to the use of
reserves and did the BAC recommend anything other than what the City Manager
recommended.
Mrs. McCracken advised that the Commission did not have sufficient time to
discuss issues in depth but did indicate that the City does have to address
the issue of additional funds somewhere to compete with what the State
continues to take away from cities. It is necessary to look at a way in which
to keep local money in the City. The BAC recommended a year ago that the
Council use the Utilities User Tax for a year and do so on an annual basis
until the economy recovers. As far as keeping local money in the City as the
Commission has discussed with Staff, they have to continue to work with the
League of Cities to foster legislation that prevents that from happening.
Mayor Daly than invited public input on the budget.
Mr. Dick Clark, Chamber of Commerce. (See letter dated June 7, 1994 from Mr.
Clark as President of the Chamber - made a part of the record). Relative to
the right-of-way fee transfer from the Utilities Department, he recommends
that there be a time limit placed on that transfer and that it should not be
made a fixed part of an ongoing program. The alternative the City will face
if they do not do so is to increase industrial electric rates to where
industrial user's will no longer be customers of the Anaheim Utility. Another
issue that is tied with the TOT tax issue are the funds the City Manager is
proposing the Council adopt to be used out of the Convention Center reserves.
He feels there is an opportunity to offset the use of those funds by a
different consideration of the privatization of the Golf courses than what the
City Manager has recommended. The report from Staff has not been out very
long and it appears to be highly biased, performed by people who are biased.
There is an opportunity to get improved quality through privatization at the
same time increasing revenues to the City.
Mayor Daly. Relative to the Convention Center reserves which had been
proposed, he believes the City Manager is prepared or is going to recommend a
change to that.
City Manager Ruth. Staff has revised their proposal and it is the
recommendation to not take any of the TOT tax from the 1% which was going into
the capital account but recommend that it continue to go into the capital
account and accrue for the Convention Center and that revenue source be
displaced by the PERS revenue rebate back from the State.
Additional questions were posed relative to this issue which were answered by
both the City Manager and Bill Sweeney, Budget and Audit Manager.
Jeff Kirsch, 2661 W. Palais. He feels that one thing that has been overlooked
by the BAC is something that Anaheim HOME has advocated repeatedly and that is
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an Admissions Tax - a local tax not intercepted by the State. City services
are provided to people who enjoy them and then leave. He is asking that some
consideration be given to an Admissions Tax.
MOTION: Council Member Pickler moved to continue the public hearing on fiscal
year 1994/95 Budget to Tuesday, June 14, 1994 at 2:00 p.m. Council Member
Daly seconded the motion. Council Member Hunter was absent. MOTION CARRIED.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
noting that there are is one addition to Closed Session items - Norman Right
Mechanical Equipment vs. R.P. Richards Inc, etal., Orange County Superior
Court Case No. 72-28-63. Since the agenda was prepared and posted, a request
has been received from other parties to submit this construction contract
dispute to mediation. Any decision to mediate needs to be made prior to the
court schedule status conference which will occur before the next regular City
Council meeting. Therefore, he recommends that the City Council by Motion
make the appropriate finding and add this matter to the Closed Session Agenda.
MOTION: Council Member Simpson moved to waive the 72 hour posting provision
of the Brown Act noting that a decision to mediate this matter needs to be
made prior to the court schedule status conference which will occur before the
next regular City Council meeting. Council Member Daly seconded the motion.
Council Member Hunter was absent. 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 LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: Anaheim Firefighters' Association
2. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: IBEW Local No. 47
3e
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: David Hill
Employee Organization: Unrepresented employees.
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) - EXISTING LITIGATION
Name of case: Shari Lyn Miles vs. City of Anaheim, Orange County
Superior Court Case No. 69-80-46.
RECESS: By general consent, the Council recessed into Closed Session. Council
Member Hunter was absent. MOTION CARRIED. (4:32 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, with the exception of Council Member Hunter. (5:26 p.m.)
INVOCATION: Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
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119: PRESENTATION - V.I.S.T.A. Proqram: Recognizing the new Volunteer
Program adopted by the Anaheim Police Department.
Sergeant Tom O'Donnell accompanied by Lauren Ware, Community Services
representative narrated a slide presentation which assisted in explaining the
newly instituted program developed to give interested residents an opportunity
to serve their community. The community volunteers will then be able to
foster a better understanding of the Anaheim Police Department and be
advocates for the Police Department.
Following the presentation there were questions by Council on the V.I.S.T.A.
Program. Mayor Daly asked that within 60 to 90 days the Council receive a
follow-up report from the Police Department as to how the program is working.
The Mayor and Council Members commended the institution of such a program.
119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE
MAILED OR PRESENTED AT ANOTHER TIME:
Recognizing the Anaheim'Bullfrogs as they begin their second season at the
Pond of Anaheim.
Recognizing Martin Luther Hospital for its expanded Neonatal Intensive Care
Unit.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,681,841.93 for the
period ending May 31, 1994 and $2,141,012.46 for the period ending June 6,
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. (5:40 p.m.)
Mayor Daly reconvened the City Council meeting. (5:44 p.m.)
ADDITIONS TO THE AGENDA: There were no additions to agenda items.
Council Member Hunter entered the Council Chamber. (5:46 p.m.)
ITEMS OF PUBLIC INTEREST:
Dave PagenKopp, 7659 E. Northfield, Anaheim. He IS representing more than 900
Anaheim residents petitioning for a sound wall for safety reasons (East of
Imperial Highway along the back side of the residents along Northfield and
surrounding residential streets). He thanked the Mayor and the Council for
calling a meeting of the major parties involved to discuss funding for the
wall on Friday, June 10, 1994 and urged that the City take a strong stand so
that the safety sound wall can be conStructed before the second railroad track
is fully functional in early 1995. They are looking at transportation
funding. If there is room for transportation improvement, there should be
room for safety precautions. The residents would like to see Mayor Daly at
the rest of the meetings to represent the residents and to see that the job
gets done.
City Manager Ruth. Staff has been working with the residents over a period of
months and hope to be able to conclude negotiations and discussion this
Friday.
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Council Member Pickler. He assured Mr. Pagenkopp that it is something the
City wants to resolve as much as the residents and had been actively working
toward a positive resolution.
Len Lawicki, 1676 Ord Way, Anaheim. He is present to plead for help for an
area of apartments located at the intersections of Haster - Katella and
Orangewood which involve about twelve hundred units of affordable housing. He
is part of a limited partnership who own forty units. Over the period of
1984-90 there were no vacancies to speak of but since 1990, gangs have moved
into the area. The owners have been pleading with the City and have met with
the City Manager and Redevelopment Staff at the request of the Mayor and
Council Member Feldhaus. They formed an Apartment House Owner's Association
and conduct monthly meetings. They meet with the City and Police in order to
remedy the situation. The gangs have taken over the area to the point where
residents have vacated their apartments. He then explained the dire situation
where people have been threatened with their lives, apartments broken into,
graffiti, residents unable to move down the alleys unless they pay a fee, etc.
Nobody is responding to the crimes and tenants will not move in. Police do
not respond when they report drugs on site. They want officers to alleviate
the problem. The owners have offered buildings and substations. The Police
are not responding to their requests.
Mayor Daly. He asked that the City Manager set up a meeting with all property
owners and the Police Chief.
Council Member Feldhaus. He was going to broach this issue under Council
comments. He rode the area with the Code Enforcement Supervisor, Richard
LaRochelle and also with the Police and subsequently asked the City Manager to
meet with the owners. He feels it is an emergency situation; Mayor Daly.
That is the reason for asking for a meeting with the Police Chief.
Council Member Feldhaus. Gang members have gotten hold of the territory and
it is a very serious situation in the City. He even questions the safety of
Code Enforcement personnel driving through the property. He was going to ask
Council to give some kind of direction to Staff to give this matter highest
priority.
Mayor Daly. He reiterated that he is asking the City Manager to convene all
the involved departments and to come up with a better plan of attack to
resolve the problems in this area.
Ed Calvin, 140 E. Wakefield. He is also a property owner in that area. It is
one of low income housing suffering from serious problems. It is a lighted
area with an extremely high vacancy rate. Gangs and drug dealers roam the
neighborhood. The property owners and tenants are subjected to street
terrorism. The vacancy rate is 50% and some buildings are completely empty
taken over by gang members. Gang members congregate on his property from
11:00 p.m. to 5:00 a.m. They have been fighting these problems for many
years. There has been a direct impact on business as a result of gang and
drug activity. They would like help from the City to remove this area from
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the clutches of the criminals and to vigorously pursue and prosecute the
criminal element, even the smallest offense, including trespassing.
Jack Schaeffer, 211 S. Beach Blvd., Space 21, Anaheim 92804 - Pacific Sunset
Mobile Estates. He posed questions to Council Member Pickler relating to how
he would vote if he is elected to the 68th Assembly District on state wide
mobile home rent control issues: Council Member Pickler commented that this
was not the proper time and place to answer those questions and invited Mr.
Schaeffer to call him directly.
PUBLIC COMMENTS - AGENDA ITEMS: There was public input under Agenda Item A26
and Item C3. (See discussion under those items)
MOTION: Council Member Pickler moved to waive reading in full of all
ordinances and resolutions to be acted upon for the council meeting of June 7,
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-85 through 94R-89, both inclusive, for
adoption. Council Member Pickler offered Ordinance No. 5428 for introduction.
Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
a. Claim submitted by Rigoberto Monteon for bodily injury sustained
purportedly due to actions of the City on or about November 6, 1993
through May 5, 1994.
b. Claim submitted by Peter & Associates (Max Peters) for property
damage sustained purportedly due to actions of the City on or about April
18, 1994.
c. Claim submitted by Vakhtang Arpiarian for property damage sustained
purportedly due to actions of the City on or about January 10, 1994.
d. Claim submitted by Robert Gerard Pinedo for Property damage sustained
purportedly due to actions of the City on or about February 25, 1994.
e. Claim submitted by Ronald E. West for property damage sustained
purportedly due to actions of the City on or about April 18, 1994.
f. Claim submitted by Dana Ohanesian for property damage sustained
purportedly due to actions of the City on or about May 31, 1993.
Al. 118: Rejecting and/or denying certain claims filed against the City.
A2. 156: Receiving and filing a Monthly Crime Statistics Report from the
Police Department for the month of April, 1994.
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105: Receiving and filing minutes of the Public Utilities Board meetings
held March 17, 1994, and April 21, 1994.
173: Receiving and filing a Notice to Customers of Proposed Rate
Increase, Application No. 94-05-026, which requests the Commission authorize
an increase in SoCalGas' authorized rate of return from the current 9.22% to
the proposed 9.88%. This return, if approved, includes an increase in our
return on common equity from 11.00% to 12.50% which would increase SoCalGas'
revenues by 37.886 million annually. SoCalGas believes the requested rate of
return is necessary to attract capital at reasonable rates and compensate the
utility for increased business risks.
173: Receiving and filing before the Public Utilities Commission of the
State of California the Application (94-05-026) of Southern California Gas
Company for authorization to establish its cost of capital for 1995.
107: Receiving and filing Statistical Report Summaries ending January
31, 1994, and February 28, 1994.
140: Receiving and filing the Anaheim Public Library Monthly Statistical
Report for the month of April, 1994.
105: Receiving and filing minutes of the Anaheim Public Library Board
meetings held March 23, 1994, and April 27, 1994.
105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 30, 1994, and the special meeting held March 8,
1994.
173: Receiving and filing correspondence received from Southern
California Edison Company regarding Docket No. ER87-483/Compliance Filing,
regarding revised rates to amend those rates currently keing charged the
Cities of Anaheim, Azusa, Banning, Colton, and Riverside, the Arizona Public
Service Company, and the Southern California Water Company.
A3. 150: Awarding the contract to the lowest responsible bidder, Tamang
Electric, in the amount of $149,647 for Security Lighting Systems for Twila
Reid and Maxwell Parks; 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.
A4. 175: Awarding the contract to the lowest responsible bidder, ELC
Electric, Inc., in the amount of $261,181.98 for Dowling/Yorba/Anaheim
Substation Construction of 69KV Line Positions and Block Wall; 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.
A5. 175: Awarding the contract to the lowest responsible bidder, SRD
Construction, in the amount of $282,948 for Meter Vault Rehabilitation and/or
Replacement; 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.
A6. 174: RESOLUTION NO. 94R-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION
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OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR FUNDING FOR THE ANAHEIM
TELECENTER PROJECT ($25,000).
Council Member Feldhaus abstained on this item on the basis of a conflict of
interest.
A7. 123: Approving a Letter of Agreement for the acquisition of Union
Pacific Rail Road Company right-of-way property from La Palma to north of
Orangethorpe at a cost of $528,350 and authorizing the Director of Public
Works to execute said Agreement.
A8. 148: RESOLUTION NO. 94R-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE
COMBINED TRANSPORTATION PROGRAM FUNDS FOR THE ANAHEIM CONVENTION CENTER AUTO
USE RESTRICTION ZONE FEASIBILITY STUDY
A9. 148: RESOLUTION NO. 94R-87: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS (in the amount of $100,000) FOR
THE COMMERCIAL RECREATION AREA-STADIUM BUSINESS CENTER TRANSPORTATION NETWORK
FEASIBILITY STUDY.
Al0. 148: RESOLUTION NO. 94R-88: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS (in the amount of $100,000) FOR
THE COMMERCIAL RECREATION AREA-STADIUM BUSINESS CENTER CLEAN FUEL
FEEDER/DISTRIBUTION SYSTEM.
Ail. 160: Accepting the bid of Civic Helicopter Parts, Inc., in an amount
not to exceed $60,000 for helicopter replacement parts, as required for the
period July 1, 1994, through June 30, 1995, in accordance with Bid #5270.
Al2. 160: Accepting the bid of P. S. Trading, in an amount not to exceed
$90,000 for helicopter Jet A fuel and AVGAS 100, as required for the period
July 1, 1994, through June 30, 1995, in accordance with Bid #5267.
Al3. 123: Waiving Council Policy 306, and authorizing the Purchasing Agent
to enter into a Lease/Purchase/Maintenance Agreement without competitive
bidding or advertising with XES, Inc., in an amount not to exceed $95,000 for
an electrostatic plotter for the Utilities Department, Water Engineering, for
a period of forty-eight months beginning July 1, 1994,.
Al4. 123: Waiving Council Policy 306, and authorizing the execution of an
Agreement with Montgomery Elevator Company, in an amount not to exceed
$199,400.37 to maintain the five elevators located at City Hall West for a
period of five years beginning June 1, 1994.
Al5. 123: Approving an Agreement with the County of Orange to provide
funding assistance, in an amount not to exceed $50,000 in Urban Parks Program
funds for the development of a Boys and Girls Club of Anaheim facility in
downtown Anaheim, and authorizing the City Manager to sign said Agreement.
123: Approving an Agreement with the Boys and Girls Club of Anaheim for
the transfer of $50,000 to the Club.
106: Approving an appropriation of $50,000 from the Parksites and
Playgrounds Fund (216 Fund) into revenue account 216-213-4743-1823 and into
expenditure/account 216-213-4743-8623.
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Al6. 123: Approving a Tenant Rental Agreement with Jose Chavolla and
Magdalena Chavolla for rental of an apartment at the Jeffrey-Lynne
Neighborhood Center.
Al7. 000: Approving the waiver of park user fees for the use of Chaparral
Park by the Girl Scout Council of Orange County for Girl Scout Summer Day
Camp, July 11-14, 1994.
A18. 123: Approving an Agreement with City of Westminster for an eight-week
lease of Anaheim's mobile recreation van for a summer recreation outreach
program.
Al9. 184: Reviewing the need for continuing the Fourth Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
April 5, 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.
A20. 123: Approving the Third Amendment to Agreement with Eberhart and
Stone, Inc., for geotechnical services pertaining to the Santiago Landslide.
A21. 184: Reviewing the need for continuing the Second Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
April 5, 1994, concerning damage within the City of Anaheim resulting from the
Northridge Earthquake occurring on January 17, 1994; and taking no action to
terminate the local emergency at this time.
A22. 127: RESOLUTION NO. 94R-89: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ~nNAHEIM EXPRESSING SUPPORT FOR THE "COMMITTEE FOR 21,000 NEW JOBS"
EFFORTS TO PLACE THE "ORANGE COUNTY/EL TORO ECONOMIC STIMULUS INITIATIVE" ON
THE BALLOT.
A23. 139: Approving the recommended positions on the following legislative
proposals, and authorizing the Mayor to communicate said positions to
appropriate representatives in Sacramento and Washington, D.C.:
SUPPORT AB 2742 (Lee) regarding the imposition of conditions upon all liquor
licensee requests.
SUPPORT SB 1633 (Hurtt) regarding the voting requirement for South Coast Air
Quality Management District representatives.
SUPPORT PROPOSITION iA (SB 131 Roberti) regarding the Earthquake Relief and
Seismic Retrofit Bond Act of 1994.
SUPPORT INCLUSION OF LOCAL PARTNERSHIP ACT in the Federal Crime Omnibus bill
currently under consideration by the House-Senate Conference Committee.
Council in their approval of this item determined delete support of
Proposition iA since the issue will be resolved in the election today.
is the only item to be deleted.
That
A24. 161: Approving the first amendment to the HOME First-Time Buying Down
Payment Assistance Program guidelines and procedures.
A25. 107: ORDINANCE NO. 5428 - INTRODUCTION: Amending Sections 8.08.010,
8.08.020, 8.08.030, 8.08.060, 8.08.070, 8.08.080, 8.08.090, 8.08.100,
8.08.120, 8.08.140, and 8.08.160 of Chapter 8.08 of Title 8 of the Anaheim
Municipal Code relating to Animal Control, Welfare and License Requirements.
A26. 175: Approving the participation of the Public Utilities Department in
the Commercial/Industrial/Institutional Water Survey Program (CII Program) by
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
Metropolitan Water District of Southern California which provides water audits
at customers' facilities.
123: Approving an Agreement between the City of Anaheim and MWD's
contractor, Pequod Associates, Inc., in an amount not to exceed $19,800 for
the purpose of conducting water use audits, as recommended by the Public
Utilities Board at their meeting of May 19, 1994.
Phil Knypstra, 2520 S. Gelid, Anaheim. He is opposed to the $90,000
expenditure by MWD on the program. It is rate payers' and tax payers' money.
The City is going to audit large volume water users. He questions why the
City intends to spend $6,000 to do so when those companies have the expertise
to do their own audits. He does not feel this joint venture is worth tax
payer dollars.
Ed Aghjayan, Public Utilities General Manager. As part of their customer
service effort, they do not have enough water to go around and unless they
help industries, companies, businesses, schools, hospitals, they will have
another shortage and the price of water will go up. 75% of this program will
be funded by MWD. These are very high quality audits, very intensive and will
produce savings that automatically would not be there. Most companies do not
have an extensive staff or expertise with respect to water conservation. It
is good public policy and will hold down costs in the long run and to ensure
adequate supply.
A27. 123: Approving the Mona-Gonder Transmission Service Agreement between
Deseret Generation and Transmission Co-operative and the City of Anaheim for
transmission services; and authorizing the Public Utilities General Manager to
execute said Agreement and any other related documents on behalf of the City,
as recommended by the Public Utilities Board at their meeting of May 19, 1994.
A28. 114: Approving minutes of the City Council meetings held May 10, 1994,
and May 17, 1994.
Roll Call Vote on Resolution No. 94R-85 for adoption:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Feldhaus
The Mayor declared Resolution No. 94R-85 duly passed and adopted.
Roll Call Vote on Resolution Nos. 94R-86 throuqh 94R-89, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-86 through 94R-89, both inclusive, duly
passed and adopted.
END OF CONSENT CALENDAR. MOTION CARRIED.
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ITEMS B1 - B9 FROM THE PLANNING COMMISSION MEETING OF MAY 16, 1994
INFOR~tATION ONLY - APPEAL PERIOD ENDS JUNE 7, 1994
B1. 179: CONDITIONAL USE PERMIT NO. 3032 AND NEGATIVE DECLARATION:
B2.
OWNER: Bryan Crow Evangelistic Association and Euclid Street Baptist
Church of Anaheim, Attn: Bryan Crow, 8712 E. Santa Ana Canyon Road,
Anaheim, CA 92808
LOCATION: 8712 East Santa Ana Canyon Road (The Garden Church)
Property is approximately 34 acres located on the south side of Santa
Ana Canyon Road and approximately 3,689 feet west of the centerline of
Gypsum Canyon Road (The Garden Church).
Modification of a conditional use permit to permit the addition of a
temporary prefabricated modular structure and modification of a
condition of approval pertaining to the time limitation of a previously
-approved semi-enclosed garden church.
ACTION TAKEN BY THE PLANNING COMMISSION:
APPROVED modifications to CUP NO. 3032 (PC94-55) (6 yes votes, 1
absent).
Negative Declaration previously approved.
179: VARIANCE NO. 4250 AND NEGATIVE DECLARATION:
OWNER: EMC Mortgage Corporation, 511 E. John Carpenter Fwy., Irving,
Texas 75062
AGENT: THE ELI HOME, INC., 140 S. Imperial Hwy., Anaheim, CA 92804;
JEFFREY FARANO, 2100 S. State College Blvd., Anaheim, CA 92806
Location: 100 S. Canyon Crest Drive. Property is approximately 0.22
acre located on the southeast corner of Santa Ana Canyon Road and Canyon
Crest.
Waiver of maximum structural height within the Scenic Corridor Overlay
Zone to convert an existing barn to a habitable single-family
residential structure.
ACTION TAKEN BY THE PLANNING COMMISSION:
WITHDRAWN.
B3. 179: CONDITIONAL USE PERMIT NO. 3680 AND NEGATIVE DECLARATION:
OWNER: EMC Mortgage Corp., Attn: Sheri Wilson, 51] E. John Carpenter
Fwy., Irving, TX 75062
AGENT: THE ELI HOME, INC., 140 S. Imperial Hwy., Anaheim, CA 92804;
JEFFREY FARANO, 2100 S. State College Blvd., Anaheim, CA 92806
LOCATION: 100 S. Canyon Crest Drive. Property is approximately 0.22
acres located at the southeast corner of Santa Ana Canyon Road and
Canyon Crest Drive.
To permit a group home for abused women and their children.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3680 GRANTED for one year (PC94-56) (6 yes votes, i absent).
Approved Negative Declaration.
The decision of the Planning Commission was appealed by Jean Secress,
Representative of the Canyon Crest Drive Homeowner's and a public hearing will
be scheduled at a later date.
B4. 179: CONDITIONAL USE PERMIT NO. 3606 AND NEGATIVE DECLARATION:
OWNER: Lederer Anaheim Ltd., 1990 Westwood Blvd., 3rd Floor,
Los Angeles, CA 90025
AGENT: JOHN SCHROEDER, 1440 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard. Property is approximately
14.74 acres located north and east of the northeast corner of Cerritos
297
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
Avenue and Anaheim Blvd.
Amendment or deletion of a condition of approval pertaining to the time
limitation of an existing restaurant with on-premise sale and
consumption of alcoholic beverages in conjunction with an indoor
swapmeet facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved amendment to Condition of approval (PC94-57) (5 yes votes, 1 no
vote, and 1 absent).
Negative Declaration previously approved.
B5. 179: WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 3678 AND NEGATIVE DECLARATION:
OWNER: Ellwin E. Ashwill And Alice Benae Ashwill, 333 City Blvd. West
#2150, Orange, CA 92668
AGENT: JOANNA BARNES, 333 City Blvd. West, #2150, Orange, CA 92668
Location: 1010 N. Grove Street. Property is approximately 1.14 acres
located on the east side of Grove Street approximately 895 feet south of
the centerline of La Palma Avenue.
To permit a boat sales, repair and manufacturing facility with retail
sales of parts and accessories with waiver of minimum number of required
parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3678 GRANTED, IN PART, (PC94-58) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, with a minimum of 27
parking spaces to be provided.
Approved Negative Declaration.
B6. 179: CONDITIONAL USE PERMIT NO. 3677, CATEGORICALLY EXEMPT, CLASS 1:
OWNER: West Anaheim Community Hospital and Wamed Medical Partnership,
ATTN: David Culbertson, Executive Director, 3033 W. Orange Ave.,
Anaheim, CA 92804
AGENT: EDWARD H. ENDO, 3916 Sepulveda, #208, Culver City, CA 90230
LOCATION: 3033 West Orange Avenue (West Anaheim Medical Center).
Property is approximately 11.2 acres located at the northwest corner of
Orange Avenue and Beach Boulevard.
To permit an approximate 390-square foot addition to an existing
hospital for Magnetic Resonance Imaging (MRI) use.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3677 GRANTED (PC94-59) (6 yes votes, 1 absent).
B7. 179: CONDITIONAL USE PERMIT NO. 3681 AND NEGATIVE DECLARATION:
OWNER: Harold G. Peters, 3990 East Miraloma Ave., Anaheim, CA 92806
LOCATION: 3990 E. Miraloma Avenue. Property is approximately 0.51
acres located at the southwest corner of Miraloma Avenue and Van Buren
Street.
To permit a medical billing office within an existing industrial
building.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3681 GRANTED (PC94-60) (6 yes votes, 1 absent).
Approved Negative Declaration.
BB. 179: RECLASSIFICATION NO. 93-94-12 AND NEGATIVE DECLARATION:
OWNER: Lars T. Jensen, 15579 Ashgrove Drive, La Mirada, CA 90638
LOCATION: 131-135 West Elm Street. Property is approximately 0.11 acre
located on the north side of Elm Street approximately 120 feet east of
the centerline of Lemon Street.
For a change in zone from the ML (Industrial, Limited) Zone to the
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
RM-1200 (Residential, Multiple-Family) or a less intense zone to retain
an existing duplex.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 93-94-12 GRANTED, UNCONDITIONALLY, (PC94-61) (6 yes
votes, 1 absent).
B9. 123: WAIVER OF CODE REQUIREMENT
CONDITIQNAL USE PERMIT NO. 3679 AND NEGATIVE DECLARATION:
OWNER: Orange County Association for Buddhist Practices, Inc., 1501
West Katella Avenue, Anaheim, CA 92802
AGENT: DR. RUH-MING LI, 3636 Birch Street, Newport Beach, CA 92660
LOCATION: 1501 West Katella Avenue. Property is approximately 0.98
acre located northwest corner of Katella Avenue and Ninth Street.
To permit a 2-story, 6,136 s.quare foot dormitory in conjunction with an
existing Buddhist temple with waiver of (a) minimum number of parking
spaces and (b) minimum setback of institutional uses adjacent to a
residential zone boundary.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 3679 GRANTED, IN PART, (PC94-62) (6 yes votes, 1 absent).
Waiver of code requirement APPROVED, IN PART, waiver (a) approved for 15
open spaces, and waiver (b) approved for the east property line only.
Approved Negative Declaration.
ITEMS B10 FROM THE PLANNING COMMISSION MEETING OF JUNE 1, 1994
INFORMATION ONLY - APPEAL PERIOD ENDS JUNE lit 1994
B10.
179: RECLASSIFICATION NO. 93-94-10
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PER34IT NO. 3686
TENTATIVE TRACT MAP NO. 14952 AND NEGATIVE DECLARATION:
OWNER: S.C. District Council of Carpenters, C/O DeCarlo & Connor,
500 S. Virgil, 4th Floor, Los Angeles, CA 90020
AGENT: JAMBOREE HOUSING CORP., Attn: Lila Lieberthal, 17200 Jamboree
Blvd., Ste, O, Irvine, CA 92714
LOCATION: 608 W. Vermont Avenue. Property is approximately 2.78 acres
located on the south side of Vermont Avenue and approximately 190 feet
east of the centerline of Citron Street.
To reclassify subject property from the RS-A-43,000 zone to the RM-2400
zone. To construct a 2-story, 48-unit, affordable RM-2400 condominium
complex with waiver of minimum number of required covered parking
spaces. To establish a l-lot, 48-unit condominium subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Tentative Tract Map No. 14952 APPROVED (6 yes votes, 1 absent).
Approved Negative Declaration.
END OF THE PLANNING COMMISSION ITEMS,
Bll. 179: ORANGE TREE MOBILEHOME PARK CONVERSION IMPACT REPORT:
OWNER: Campanula Properties, Attn: Jack Stanaland, 1590-10 South Coast
Highway, Laguna Beach, CA 92651
AGENT: TALLEY AND ASSOCIATES, INC., 500 N. State College Blvd., Ste.
1020, Orange, CA 92668
LOCATION: 1400 S. Douglass Road (ORANGE TREE MOBILEHOME PARK).
Property is approximately 25 acres located on the east side of Douglass
299
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
Road and approximately 1080 feet north of the centerline of Katella
Avenue.
Review of a submitted Conversion Impact Report to close an existing
mobilehome park pursuant to Government Code Section No. 65863.7.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined to be insufficient within the meaning of Government Code
Section 65863.7 with the recommended revisions to the relocation cost
requirements.
The decision of the Planning Commission was appealed by Jack Stanaland,
President, Campanula Properties in letter dated May 23, 1994 under the
letterhead of Hart King Coldren, Attorney's at Law. At its meeting of May 24,
1994 the City Council determined that on June 7, 1994, the Council would
either set a date for public hearing on this matter or refer it to a hearing
officer. Someone from the audience spoke now as she did earlier in the
meeting asking when the public hearing would take place.
City Clerk Sohl. The City Council has the option tonight to either set the
appeal for a hearing by the City Council with the suggested date of July 12,
1994 or refer the matter to a hearing officer for a hearing no later than July
22, 1994.
Mayor Daly. He recommends that the Council refer the matter to a hearing
officer.
MOTION: Council Member Daly moved to refer the appeal of the Orange Tree
Mobile Home Park Conversion Impact Report decision to a hearing officer as
selected by the City Attorney for a hearing to be held on a date approved by
the hearing officer but not later than July 22, 1994. Council Member Simpson
seconded the motion.
Before a vote was taken, Council Member Hunter asked if the hearing officer
would be Judge John Flynn; City Attorney White. If the motion passes, it
would be his intention to appoint retired Supreme Court Judge John Flynn and
tentatively the date of the hearing would be July 8, 1994 subject to final
clearance of his calendar. Notices would go out to all the tenants and owner
of the mobile home park.
Council Member Hunter. He would support that if somebody like Judge John
Flynn is appointed who will be fair. He is pleased that the Council will be
taking it out of the political arena to let an unbiased person make a
decision.
A vote was then taken on the foregoing motion. MOTION CARRIED.
Cl. 127: PROPOSED AMENDMENTS TO CHAPTER 1.09 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO CAMPAIGN REFORM:
To consider the adoption of an ordinance amending Chapter 1.09 of Title 1 of
the Anaheim Municipal Code relating to the City of Anaheim Campaign Reform
Law.
Council Member Simpson offered Ordinance No. 5427 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5427: AMENDING SECTION 1.09.055 OF, AND ADDING SECTION 1.09.125
TO, CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CAMPAIGN
REFORM. (Introduced at the meeting of May 24, 1994, Item Cl.)
300
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
Roll Call Vote on Ordinance No. 5427 for adoption:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C2. 173: COMMERCIAL AIRPORT AT EL TORO:
Discussion requested by Council Member Pickler at the meeting of May 24,
1994, following the E1 Toro Reuse workshop, regarding the support of an
initiative being circulated for a commercial airport at E1 Toro.
Mayor Daly. Item A22 on today's agenda was a resolution in favor of placing
the initiative on the November ballot regarding the conversion of E1 Toro to a
civilian airport.
Council Member Pickler. That item took care of part of the issue. He would
like to see the City work with the Chamber and the Visitor and Convention
Bureau to make sure their support is there as well. Perhaps next week or in
two weeks that could be done. By that time, the initiative will have
qualified.
A representative from the Chamber of Commerce present in the chamber audience
stated they are already supportive.
Mayor Daly asked if anyone wished to comment on this item; there were no
additional comments at this time.
It was determined that the matter be continued for two weeks and that Staff
work with the Chamber and Visitor and Convention Bureau to coordinate
information on the matter; Council Member Pickler suggested that Staff work
with other cities as well.
C3. 135: PRIVATE SECTOR PROPOSALS TO OPERATE THE CITY GOLF COURSES:
To consider the recommendation to reject all proposals submitted in response
to the Request for Proposals for private operation of the City's golf courses,
and continue to self-operate the golf courses with the intent to maximize net
revenues.
Submitted was report dated May 23, 1994 from Christopher Jarvi, Director of
Parks and Recreation and Community Services recommending that the Council
reject all proposals submitted in response to the Request For Proposals for
private operation of the City's golf courses and continue to self operate the
golf courses (Dad Miller and Anaheim Hills Golf Course) with the intent to
maximize net revenues.
city Clerk Sohl. A letter was received today from Anaheim Golf Corporation in
Long Beach requesting a two week continuance of this item and the Chamber of
Commerce also requested that it be continued for two weeks.
Mayor Daly. Staff is ready and prepared to make a presentation this evening
along with the consultant. He is asking that Staff give their presentation
and any input Staff would like the consultant to give. Subsequently, he will
ask that the Council hold off and honor the request for continuing decision on
this matter for two weeks. If Council grants the two week continuance, that
public comments also be given in two weeks.
Council Member Hunter. He feels that those who wish to do so should have the
opportunity to speak this evening.
301
City Hall, Anaheim, California - COUNCIL MINIK
RECESS: By General Council consensus, the Coun
correct a technical difficulty with the video e
AFTER RECESS: The Mayor called the meeting to
being present. (6:50 p.m.)
City Manager Ruth. At the direction of the Cit
to prepare an RFP for privatization of the City
diligently with consultants over the past sever
solicited proposals and received four which wer
process. Staff will be walking the Council thr
analysis of the RFP process.
Chris Jarvi, Director of Parks/Recreation Commu
consultant, Mr. Gene Krekorian will be making a
comprehensive report which has been provided to
the press, City Clerk, and Libraries for public
Chris Jarvi, Director of Parks/Recreation Commu
gave the history on the matter which started in
Council requested that Staff look at the possib
City's two golf courses. The City Manager comm
concluded in July 1993. The study indicated th.
to the City in the neighborhood of three hundre.
thousand dollars a year if the courses were pri
Council directed Staff to put out an RFP to cla
He then briefed the RFP process, the response (~
Trust/Landscape List, Heritage Golf Properties,
evaluation process. The City's consultant is a
approach used for the financial analysis. (Also
Golf Course Privatization Report - May, 1994).
Gene Krekorian, Economic Research Associates (El
to assist the City in evaluating the financial
proposals received. They were asked first to c~
of the various proposals. They received propos~
services and also ones which were concessionair,
operations. Subsequent to that, they were aske~
proposal with continued City self-operation of
difficult to compare the proposals for a variet
to compare one against the other, let alone to
continued self-operation. The RFP is one of th
various proposals which came back were scored q~
forced to adopt a large number of assumptions a]
clearly in the report Staff presented to the Coq
extensive presentation covered the material pre~
to the specifics of the financial analysis.
report)
Chris Jarvi. He explained the preliminary find2
American Golf was the candidate most capable of
service with minimal risk, (2) that the service
determined not to be that desirable and they fo%
ever done on a service contract and, (3) that t~
provided is comparable or better than similar g(
courses in almost all categories. He then brie~
first five years of operation, net revenue comp~
proposal, present value, all proposals, summary
302
!ES - JUNE 7, 1994 - 5:00 P.M.
=il recessed for ten minutes to
~uipment.
Drder, all Council Members
y Council, Staff was requested
's Golf Courses. Staff worked
al months, prepared the RFP,
~ evaluated through a lengthy
)ugh their findings and
~ity Services and Golf and the
presentation. It is a
the Council and distributed to
distribution and review.
~ity Services and Golf. He
January of 1993 when the
[lity of privatization of the
[ssioned a study which was
~re was a potential advantage
thousand to five hundred
atized. As a result, the
~ify the actual dollar amounts.
%merican Golf Corporation, Golf
Golf Holding, Inc.) and the
[so present to explain the
see report, City of Anaheim
{A). ERA was retained in April
~lement of the various
)nduct a comparative analysis
~ls for management contract
or lease of facility
to examine the strongest
he courses. It is very
, of reasons. It is difficult
:ompare them with the City's
best he has seen. The
ite differently. They were
~d factors which are designated
~ncil. Mr. Krekorian's
~ented in the report relating
~e pages 7 through 13 of the
.ngs in the analysis - that (1)
duplicating Anaheim's level of
contract approach was
~nd they had done the only RFP
~e City service level currently
,If'courses run like the City's
~ed net revenue comparison
.rison for the full term of the
comparison and net revenue
City Hall~ Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
difference. He also briefed the nine conclusions listed on page 14 of the
report followed by the recommendation of Staff upon which he elaborated. The
recommendation is as follows:
RECOMMENDATION:
He then elaborated on the recommendation by Staff, some of the points being,
that of 65 cents out of every new dollar, the City would get 35 cents. If the
City maintained the courses they would get the entire dollar. Staff is
confident they can do just as well; they have been in the business and can
operate the courses efficiently. In the first year in their holdings of the
golf courses, their department already has reduced operating costs by
$200,000.
Other measures - reduce full-time employees to part-time, they expect to
experience less irrigation repairs and expect to have less expenses relative
to the club house, cut expenditures by $36,000 by driving over the driving
range channel, double decking the driving range which would add another
$70,000, declare Fridays a weekend and establish a non-resident fee of one
dollar which would raise $90,000 and rebuild the Anaheim Clubhouse as a
Community Center which would increase food and beverage income. Golf is not
an industry that is showing any signs of down turn. The only reason for a
down turn would be poor management or the weather and Southern California has
an average of about twelve days of rain a year. Staff does not see a good
business reason to turn the courses over to the private sector. The
department has recommended privatization where it makes good sense. They
recommend that all proposals be rejected in favor of self operation.
City Manager Ruth, answering the Mayor, stated he has nothing to add but in
his 35 to 36 years of public service, he has never seen a more comprehensive
report. It is very thorough and, in his opinion, very objective. The report
has attempted to address the concerns of the Council and public. Staff is
prepared to respond to any questions or elaborate on any issues.
Mayor Daly. He reiterated that there are two requests for continuance. He
will leave it to the Council whether or not they wish to ask questions this
evening.
Council Member Hunter. He would like to hear from the public tonight;
Council Member Simpson. His preference would be tempered by whether or not
the item is continued, if the matter is going to be continued two weeks, he
feels it is better to have those who wish to do so speak on the night the
decision is going to be made. He does not know how many are going to speak in
favor or in opposition, but he is concerned about having public input tonight
and then having Staff meeting with American Golf or anyone else in the
meantime.
Council Member Hunter. Two members of the Council wanted to take a look at
privatization of the Golf Courses which he was opposed to and still is. Staff
has done a "Yeoman's" job in analyzing the situation and have come back with a
recormmendation that the courses not be privatized. He cannot believe that
three members of the Council are ready to give up the "cash register". This
is a grave decision. If somewhere down the line the Council is going to make
a decision to privatize, the question should go to a vote of the people and
put on the November ballot. It is an issue that every citizen of the City
should be concerned about. He feels the Council should vote tonight. He
understands present day value because he sees it every day in court. It is
not a lot of money. To sell out the golf courses for a hundred thousand
dollars a year should not be done. He questioned, what happened to the
303
City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
"Anaheim Way" and the concern of the quality of life in Anaheim. Giving up
the courses is giving up both. The courses are a valuable asset and golf is
one of the most popular sports in the world. It is not a losing business
enterprise and there is money to be made by government. When the Council said
to send the matter out and see what comes back, it was his assumption that
they would not even look at a proposal that would not bring in at least
$500,000 more a year - it is only $100,000. He reiterated, he wants public
input tonight and the Council to vote on the matter tonight.
Mayor Daly. The report was made available late Friday afternoon concluding a
six month process of inviting, receiving and analyzing proposals. He sees
nothing wrong with allowing two additional weeks so that members of the public
and the business community who asked be given some additional time. Members
of the public who are present and asked to speak have every right to do so and
subsequently the matter continued two additional weeks.
Council Member Simpson. Speaking to the City Manager stated that the
presentation made was pretty comprehensive. He asked if people were
interested in hearing that presentation in groups, could he make Staff
available; City Manager Ruth. Staff would be happy to do so.
MOTION: Council Member Daly moved to continue a decision on the
recommendation of Staff relative to private sector proposals to operate the
City golf courses for two weeks to June 21, 1994. Council Member Feldhaus
seconded the motion. MOTION CARRIED.
Before a vote was taken the following people spoke on the issue and gave their
views as summarized:
Sharon Ericson, President AMEA and a resident adjacent to Anaheim Hills Golf
Course. Two years ago, the City built a 2.3 million dollar club house at the
Dad Miller Course, paid for from golf revenues, and since then over $800,000
has been invested in course improvements at the two courses. During the past
three years, the courses have contributed 3 million dollars to the City's
general fund and 2.5 million in reserve retained earnings. Anaheim's courses
are the envy of cities all over the country. Anaheim can be extremely proud
of the unique combination of public and private enterprise. Many of the
functions at the courses are already privatized such as the Pro Shop,
restaurant, driving range, etc. The care and maintenance of the courses are
in the hands of dedicated and highly skilled maintenance workers-all trained
in the Anaheim way. She elaborated further on the excellence of the courses
and that quality should not be sacrificed for profit. There is no reason to
continue the matter for two more weeks. The sixty five plus full-time and
part-time employees at the courses and contractors have put their lives on
hold for a long time. She urged the Council to vote tonight to continue with
the current successful golf operation and, if not tonight and the Council
decides to go with American Golf in two weeks, that the people be allowed to
vote on this important issue. The courses are not the Council's courses.
Steve Cahodes, resident of Anaheim Hills. The City Council should take Mr.
Jarvi's Staff recommendation and consider USGA'S findings. He urged the
Council whether tonight or in two weeks to follow Staff recommendation and not
privatize the courses. It is not in the City's best interest to tie the
courses up for twenty years.
Brad White, 7681 Alter Lane, Anaheim~ He asked that the Council consider the
proposal from American Golf especially if it can save the City money.
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David Stewart, 204 W. Ball Road, Anaheim. He is for anything that can save
the City money and if there are dollars that can be spent on Police, it is
more important than golf.
Rob Yule, 1919 E. Romneya, Anaheim. He supports streamlining City services.
The Council should consider supporting the proposal.
Dick Clark, President, Chamber of Commerce. The City golf courses are top
quality. Nobody is challenging the quality of the courses, service, or
quality of life in Anaheim. It was an extensive study, the report was just
released and it is only fair that there is an opportunity to have some
dialogue on it - separate work shop meetings. That is the reason for the
Chamber's request for a continuance.
Loretta Sanchez, 1308 N. Paradise Court, Anaheim. She received the report on
Friday and has gone through it. Her background is looking at the efficiency
of government and businesses. If saving $200,000 or $100,000 means more
Police, more Youth Development Programs, and more additional Library hours,
she is supportive. It is important that the matter be continued for a couple
of weeks. Saving money is very important for the City.
Danielle Provota, 1112 W. Broadway, Apt. 5, Anaheim. She supports
privatization.
Jim Aiken, 21561 High Country Drive, Trabuco canYon. He is a former Anaheim
resident and is Vice President of the Anaheim Hills Golf Club. He is also a
member of other golf courses whose rates for golf are higher than those at
Anaheim Hills. Perhaps they do not need to look at cutting expenses but
instead the possibility of some elasticity in raising rates which will enhance
the revenue picture.
Marilyn Hauk, Camino Carrer, Anaheim. She first read the statement of goals
of the Golf Department. She is opposed to privatization of the courses. For
any one to say that $100,000 can be better used for Police is overlooking the
fact that a lot of the City's youth play golf and there are many school golf
programs which are a positive contribution to the well being of the youth of
the community.
Council Member Pickler. He sat down with Staff and went through the
privatization report. If they are talking about a $100,000 he wants to be
sure that is the figure. One of the reasons he agreed to go out for RFP's was
the possibility that there could be $500,000 to one mJ. llion dollars more in
revenue than the courses are presently bringing in. Staff is saying they can
bring in 1.1 or 1.2 million and American Golf 1.6. If the figure is four
hundred to $500,000, it is ~omethlng he wants to look at. His mind is st£11
not made up and he is going to analyze the situation to the point where he is
satisfied. He agrees to a two week continuance.
A vote was then taken on the foregoing motion to continue the matter for two
weeks to the meeting of June 21, 1994 and carried by the following vote:
AYES: Feldhaus, Pickler, Daly
NOES: Hunter
ABSTAINED: Simpson
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C4. COUNCIL COMMENTS: There were no Council comments.
C5. 112: REPORT ON CLOSED SESSION ACTIONS:
Report by City Attorney.
City Attorney Jack White. City Council in Closed Session authorized mediation
of the construction contract claims in the case of Norman Wright Mechanical
Equipment Corporation v. R. P. Richards, Inc.~ Orange County Superior court
Case No. 72-28-63. The vote of the Council was all Ayes.
SWEAR IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
Mayor Daly. He is advised by the City Attorney that we can combine the public
hearings for Agenda Item's D1, D2, and D3 into one hearing since they all
involve the same issue. Therefore, unless there is an objection from other
members of the Council, he proposes that the public testimony on Item's D1,
D2, and D3 be received at one time.
D1, D2, and D3. 137: PUBLIC HEARING - CITY COUNCIL HEARING TO CONSIDER
ALTERING THE TYPES OF PUBLIC FACILITIES FINANCED BY THE CITY OF ANAHEIM
COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON), COMMUNITY
FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS}, COMMUNITY FACILITIES DISTRICT
NO. 1989-3, (THE SUMMIT):
To consider altering the types of public facilities financed by City of
Anaheim Community Facilities District No. 1989-1 (Sycamore Canyon), Community
Facilities District No. 1989-2 (The Highlands), Community Facilities District
No. 1989-3 (The Summit) by (i) abandoning the proceedings or (ii) after
passing upon all protests and determining that a majority protest does not
exist, adopting a resolution submitting the question of changing the types of
public facilities to be financed by said District to the qualified electors of
the District.
Submitted were reports from the City Attorney dated May 23, 1994 and April 27,
1994 regarding the subject.
Mayor Daly then clarified that the only issue under consideration is whether
the City Council should call a special election in each of the three Community
Facilities Districts. The purpose of the election would be to allow the
residents in the three districts to vote on whether the district funds
currently restricted to the Santa Ana Canyon Road widening project should be
reallocated to the construction of the Police Substation currently designated
to be built on the Dream Street site in the Sycamore Canyon Project. Any
public comments or testimony should be limited to whether or not an election
should be called to allow the district residents to vote on this issue.
To date, the City Council has received many petitions and letters supporting
an election in each district. Therefore, it is not necessary that every
person supporting an election testify at this hearing. In fact, it would be
helpful to the Council if the residents would limit testimony in favor of the
election to one representative for each district. If they feel there is
pertinent additional information which is not been mentioned by the
representative speakers or if there is opposition to the calling of an
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election in their respective districts, those people are also welcomed to
speak.
It will be necessary for each speaker to state his or her name, address and
indicate which of the three districts he or she resides in. Also, any written
protest to the calling of the election must be submitted to the City Clerk
prior to the close of the public hearing.
Before taking public input, City Attorney White explained that the election
would be a mailed ballot election and the date is tentatively September 9,
1994; City Clerk Sohl clarified that the ballots would have to be returned by
September 9, 1994. She also reported for Council Member Pickler that the cost
for the election will be between $5,000.00 and $6,000.00.
City Attorney White explained that the funds for the election are currently
held in district funds for each of the three districts.
The following public input was received:
Vincent Lee Wertenberg, 831S. Parkland Place, Anaheim 92808. Sycamore
Community Facilities (CFD 89-1) he is present to encourage the Council to
allow the election to take place.
Steve Cohodes, 7878 E. Rainview Court, Anaheim (Highlands CFD 89-2) he is
Treasurer of the Highland's Maintenance Association. They fully support and
encourage the City to hold the election.
Mari Penny, 8125 Oxley Court, Anaheim (Summit CFD-3) she is present to
encourage the Council to put the issue to a vote. They are pleased to have
the chance to be before the Council today. The reason they want to consider
having the funds go from the Santa Ana Road widening to the Police Substation
is because they want to see a Police Substation built. She then asked even if
the money is devoted to substation funds which will make about 4.6 million,
when could they expect the substation to be built.
City Manager Ruth. Based on the initial analysis, the City would still be
about two million dollars short to construct a thirty thousand square foot
facility which has been proposed by the department and the consultants, and
are looking at whether it can be phased. They would be hiring an architect in
the near future to design the facility. If the Council approved the funding
for the project, construction could start some time mid-year and be completed
in a year's time. A year from January would be eighteen months. There are
operational issues as well. The facility can be built but operating costs are
associated with that. Staff is in the process of doing an evaluation of those
costs and they will come back to Council with a full analysis of those costs
as well.
Mayor Daly. It would be helpful if Staff, as accurately as possible, could
characterize what the shift in Mello Roos funds will mean in terms of the time
table for a new Police Substation. At some point, it would be helpful to have
all the information in writing.
City Manager Ruth. Staff would be able to come back within 30 days. A good
deal of data is readily available. Assuming that the election will show that
the residents want to reallocate that money, it would help substantially in
expediting the project.
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Mari Penny. She understands the proposed substation would be about thirty
thousand square feet at a cost of six million dollars plus. She feels a nice
facility can be built for less than that. If it is phased so that it could be
built with the funds that are available, that would be a plus.
Mayor Daly. That question as well as the phasing question will be addressed
as the City Manager reports back to the Council in writing.
Council Member Hunter. The Police Department has leased approximately twenty
five hundred square feet next to ACE Hardware in the Anaheim Festival Shopping
Center for about $800.00 a month. The people who own the Festival are giving
this to the Police Department temporarily for a Police Substation. The real
issue is something for a future Council to decide. Even if they come up with
the money to build the substation, it is going to take a lot more to man the
facility with additional offices. This or another Council is going to have to
"Bite the Bullet" about raising taxes to hire more officers.
City Clerk Sohl announced that she had not received any written objections to
calling an election.
Mayor Daly closed the Public Hearing.
Council Member Pickler offered Resolution 94R-90 through 94R-95, both
inclusive, for adoption. Refer to Resolution Book.
RESOLUTION NO. 94R-90: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALLING A SPECIAL ELECTION OF THE QUALIFIED ELECTORS RESIDING WITHIN
THE TERRITORY OF COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON)
PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO
CONSIDER CHANGING THE TYPES OF PUBLIC FACILITIES TO BE FINANCED BY SAID
DISTRICT.
RESOLUTION NO. 94R-91. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS FOR A MEASURE ON SPECIAL ELECTION TO BE HELD SEPTEMBER 9, 1994 IN
COMMUNITY FACILITIES DISTRICT NO. 1989-1.
RESOLUTION NO. 94R-92: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALLING A SPECIAL ELECTION OF THE QUALIFIED ELECTORS RESIDING WITHIN
THE TERRITORY OF COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS)
PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO
CONSIDER CHANGING THE TYPES OF PUBLIC FACILITIES TO BE FINANCED BY SAID
DISTRICT.
RESOLUTION NO. 94R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
A/~AHEIM CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS FOR A MEASURE ON SPECIAL ELECTION TO BE HELD SEPTEMBER 9, 1994 IN
COMMUNITY FACILITIES DISTRICT NO. 19~9-~.
RESOLUTION NO. 94R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALLING A SPECIAL ELECTION OF THE QUALIFIED ELECTROS RESIDING WITHIN
THE TERRITORY OF COMMUNITY FACILITIES'DISTRICT NO. 1989-3 (THE SUMMIT)
PURSUANT TO SECTION 53338 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA TO
CONSIDER CHANGING THE TYPES OF PUBLIC FACILITIES TO BE FINANCED BY SAID
DISTRICT.
RESOLUTION NO. 94R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 7, 1994 - 5:00 P.M.
ANALYSIS FOR A MEASURE ON SPECIAL ELECTION TO BE HELD SEPTEMBER 9, 1994 IN
COMMUNITY FACILITIES DISTRICT NO. 1989-3.
Roll Call Vote on Resolution Nos. 94R-90 throuqh 94R-95, both inclusive, for
adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Simpson, Pickler, Hunter, Daly
None
None
The Mayor declared Resolution Nos. 94R-90 through 94R-95, both inclusive, duly
passed and adopted.
City Attorney White. The impartial analysis will indicate the transfer of
funds requires a two thirds favorable vote of those persons voting in each of
the districts. It is not just a majority but a two thirds vote for the actual
effectiveness of the transfer.
City Clerk Sohl. She announced that the date set to receive arguments in
favor or against would be July 5, 1994. Anyone interested in writing
arguments in favor or against should contact her at the City Clerk's office.
ADJOURNMENT: By General Council Consent the meeting of June 7, 1994 was
adjourned to 2:00 p.m. on June 14, 1994. (8:10 p.m.)
LEONORA N. SOHL, CITY CLERK
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