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1994/06/14City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 2:00 P.M. PRESENT: ABSENT: PRESENT: The City Council of the City of Anaheim met in adjourned regular session. COUNCIL MEMBERS: Simpson, Hunter, Daly COUNCIL MEMBERS: Feldhaus, Pickler CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson STREETS & SANITATION MANAGER: Doris Roush PLANNING DIRECTOR: Joel Fick DEPUTY CITY MANAGER: Tom Wood EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich STADIUM GENERAL MANAGER: Greg Smith, POLICE CHIEF: Randall Gaston FINANCE DIRECTOR: George Ferrone PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi CITY TREASURER: Charlene Jung A complete copy of the agenda for the adjourned regular meeting of the Anaheim City Council was posted at 10:45 a.m. on June 10, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the adjourned regular meeting of June 7, 1994 (held June 14, 1994) to order at 2:04 p.m. PUBLIC HEARING - BUDGET: To consider the proposed 1994/95 Budget Plan. Fiscal Year 1994/1995 DEPARTMENT BUDGET WORKSHOP: City Manager Ruth. This is a continued public hearing to review and adopt the City's 1994/95 Budget pursuant to City Charter Sections 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 presentation and public input, the hearing will be continued to the 5:00 p.m. portion of the meeting and after any additional testimony may, at the Council's discretion, be continued to subsequent dates but prior to July 1, 1994 and still meet City Charter requirements. City Manager Ruth then introduced each department's budget presentation giving its location in the budget document, budget totals, and adjustments and capital improvements (if any). He reiterated the proposed budget has also required each department to further reduce expenditures to meet their general fund discretionary targets. The following Department heads then gave an overview of their department's proposed budget accomplishments in the past fiscal year and some explaining their plans, goals and objectives for the coming year. Any changes from the plan presented were also explained at this time. Questions were also posed by 310 City Hallt Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 2=00 P.M. Council members at the conclusion of some of the presentations posed questions which were answered by the Department head or appropriate staff= Gary Johnson, Public Works Director/City Engineer - Page 74-77 - Budget Document. (Streets and Sanitation was transferred to the Public Works from the Maintenance Department.) Joel Fick, Planning Director - Planning Department - Planning, Zoning, Building, Code Enforcement - Page 62-65 - Budget Document. Tom Wood, Deputy City Manager/Director of Maintenance - Maintenance Department - Facilities Maintenance - Fleet Maintenance - Page 56-57 - Budget Document. Lisa Stipkovich, Executive Director of Community Development - Redevelopment - Housing - Housing Assistance - Economic Development - Job Training - Page 40-43 - Budget Document. Greg Smith, Stadium General Manager - Anaheim Stadium - Page 78-79 - Budget Document. Randall Gaston, Chief of Police - Police Department - Page 66-69 - Budget Document. Chief Gaston's presentation was supplemented by slides reporting on various statistics relative to crime. Later in the meeting, Council members requested that the information be submitted to them in hard copy for their future reference. ADJOURNMENT: Council Member Simpson moved to adjourn the adjourned regular meeting of June 7,1994, held June 14, 1994. Council Member Hunter seconded the motion. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. (3:27 p.m.) LEONORA N. SOHL, CITY CLERK 311 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Hunter, Daly COUNCIL MEMBERS: Feldhaus, Pickler CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau INTERGOVERNMENTAL RELATIONS OFFICER: Kristine Thalman FINANCE DIRECTOR: George Ferrone PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi CITY TREASURER: Charlene Jung A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10:45 p.m. on June 10, 1994, at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the regular meeting to order at 3:27 p.m., all Council Members being present with the exception of Council Members Feldhaus and Pickler. PUBLIC HEARING - FISCAL YEAR 1994-95 DEPARTMENTAL BUDGET WORKSHOP (continued}: To consider the proposed 1994/95 Resource Allocation Plan. The following is a continuation of the Departmental Budget Workshop which commenced at 2:00 p.m. at the adjourned regular meeting of June 7, 1994, held June 14, 1994. Chris Jarvi, Director of Parks & Recreation - Community Services/Golf - Page 58-61 - Budget Document. Mr. Jarvi, during his presentation, specifically addressed those services that are to be cut in his department and the commensurate dollar value of those cuts. Council Member Simpson. He commended Mr. Jarvi and his staff noting the very difficult decisions that had to be made in his department. His department has been hit as hard as any in the City. Relative to Deer Canyon Park, he asked as the Mayor did, when that might move forward and noted that the closer it is kept to pristine condition, the more quickly he will get consensus but not without a lot of input from the people in the area. He believes they would like to see it left the way it is as much as possible; Chris Jarvi. It was always their intention to leave Deer Canyon as natural as possible with the exception of a few access roads and rest rooms. George Ferrone, Finance Director - Finance Department - Page 48-49 - Budget Document. Charlene Jung, City Treasurer - City Treasurer's Office - Page 38-39 - Budget Document. Mayor Daly then opened the continued public hearing for additional public input on the fiscal year 1994/95 budget. Bill Ericson, Chairman, Senior Citizen's Commission and Chairman of the Finance Committee. He understands that there is a $300,000 cut and wants to know what that figure relates to and what does that do to senior citizens. 312 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. City Manager Ruth. Chris Jarvi, Director of Parks & Recreation, Community Services and Golf has a report for Council's consideration just received today in terms of the impact of the proposed cuts specifically on community service programs and senior citizen programs. It is about $40,000 on senior citizens. Chris Jarvi. In his presentation, he talked about $40,000 in cuts in senior programs - $10,000 in a reduction of services to the Anaheim Senior Citizen's Club which included mailing, postage and reproduction of their newsletter. The additional $30,000 was the cutting of support to the West Anaheim Senior Citizen's Center (Brookhurst). It does not mean there won't be any activities but they are pulling part-time staff that they used to coordinate activities out of that facility. There will still be a TLC Program offered and the building still remains available for seniors to run their own programs. The seniors have been cut about 2%. With these cuts, the senior programs will be cut about 16% which is in line with the total cuts the department is taking. The Department does not like any of the cuts. They are the first real serious cuts in the Senior Citizens Program. Janet Woodward, President, Anaheim Senior Citizens Club. They do not agree with Mr. Jarvi's figures. At one time they had $30,000 in the budget for West Anaheim (Brookhurst Community Center). They moved into the center on July 1, 1993. Since that time, only one part-time person has been there to help them. It is a part-time employee who works 7 hfs a week or a total of $2700 a year. If that is going to be cut out, that will cause all of the senior citizens programs to be cancelled. It is not $30,000 but only $2700. It seems they should be allowed to continue bingo and bridge and have their hostesses at the center to give information to all the seniors who come in. Ail of their workers are volunteers. They believe it is unreal to cancel all the programs at the center. TLC is not one of their programs. What they need is a part- time person to come in and help set up the bingo tables for their Wednesday bingo games and they will be able to take care of the sewing club and bridge club. It comes down to allowing them to be there. The hostesses belong there. For $2700 a year, it does not make sense. She has procured over 400 signatures which she thereupon submitted asking the Council to oppose that part of the Parks and Recreation budget which would be detrimental to the Senior Citizen's Program. Mayor Daly. He will ask the City Manager prior to next Tuesday to clarify the dollar amounts and various cuts associated with those amounts. Phil Knypstra, 2520 Gelid Avenue, Anaheim. Although the budget indicates that the Utilities Department contributes only 4% transferred to the General Fund, he feels it understates the total contribution contributed by Utilities in both the electric and water utilities. He wants to know of that $4.1 million transfer, is overhead charged to the Utilities Department. MOTION: Council Member Daly moved to recess the public hearing on the 1994/95 Budget to 5:00 p.m. Council Member Simpson seconded the Motion. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. (3:59 p.m.) REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. 313 City Hall~ Anaheim, California - COUNCIL MINUTES - June 14~ 1994 - 5:00 P.M. The following items are to be considered at the Closed Session: mo CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Anaheim Firefighters' Association 2e CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: IBEW Local No. 47 CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: David Hill Employee Organization: Unrepresented employees. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of case: Norbert Waters et al., vs. City of Anaheim, Orange County Superior Court Case No. 69-07-77. RECESS: Council Member Daly moved to recess into Closed Session. Council Member Simpson seconded the motion. Council Members Feldhaus and Pickler were absent. Motion CARRIED (4:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Members Feldhaus and Pickler, and welcomed those in attendance to the Council meeting. (5:06 p.m.) INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Mayor Tom Daly led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - Anaheim Sister Cities Scholarship Project Award: John Poole, Code Enforcement Manager introduced Jocelyn Wang, recipient of the Anaheim Sister Cities Scholarship Award and explained the background of the program. He also gave the history of Ms. Wang's achievements noting that she was a most deserving recipient. Mayor Daly and Council Members congratulated and commended Ms. Wang. 119: PRESENTATION - "Volunteer Connection Day": Mr. Ewang Chou presented Mayor Daly and the Council with a "Volunteer Connection Day" flag presented to the City of Anaheim for its participation in the 2nd Annual Volunteer Connection Day. Mayor Daly, on accepting th~ flag, gta~ed ~ha% £% will get a prominent home as they prepare for next year's county-wide Volunteer Connection Day. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Rich Collette, Anaheim Disposal and Jim Grace of R.J. Noble recognizing both companies for their contributions to the Utilities Departments Ultra Low Flush Toilet Program. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,037,946.73 for the period ending in accordance with the 1994-95 Budget, were approved. 314 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:20 p.m.) Mayor Daly reconvened the City Council meeting. (5:32 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Eleanor Ivey. She expressed concern regarding head shops and the paraphernalia they sell which aid in, "ingesting all forms of drugs except needles," particularly the shop known as Fogs General Store, located at Beach Boulevard and Ball Road. She submitted a letter dated June 19, 1994 outlining her concerns and asking the Council not to permit the sale of these items, that they be made illegal and that all such stores be inspected to insure that no drug items are available. June Lowry, 5239 E. Glen Arbor, Anaheim, Chairman of the Allocation Funding for the Community Services Board. On June 9, the Community Services Board unanimously voted to send a letter to the Council and secondly to address the Council on the issue of the reduction of funding for human needs within the City of Anaheim. Mrs. Lowry then briefed the five-page report dated June 13, 1994 from the Community Services Board to the City Manager/City Council - Subject: Impact Of Reduced Funds For Human Services Program. She emphasized that each one of the agencies requesting funds serve a vital and important part in the community. Many of the critical services recommended to be funded were not funded or only partially funded due to the lack of funding allocated. The amount of money being spent does not meet the trends coming before them today such as child abuse, unemployment, student meals, public assistance, child care and senior citizen's issues. Overall the City budget is decreased by 6.6 % but the Community Services Agencies have been decreased by 18%. The question people are asking is why. Chris Jarvi confirmed for the Mayor that the Community Services Agencies funding package is scheduled to be before the Council on June 28, 1994. Mrs. Lowry stated they would like to see the Council allocate more money if possible because the need is so great. Shirley~. Lewis, 1241 N. East Street, ~111, Anaheim, 92805. She is speaking on the issue of ambulance attendant's abuse to senior citizens and sick patients involving Life Fleet Ambulance Service. Ms. Lewis then relayed several incidents of alleged abuse both to herself and others who were transported by Life Fleet. Mayor Daly asked Ms. Lewis if she had contacted Life Fleet to inform them of her concerns; Ms. Lewis answered that she had and that she had also talked to City staff who told her there is nothing the City can do but she feels the City can do something. Whenever the City contracts with a company, specifically an ambulance company which is called by the Fire Department to assist, she feels it is the City's responsibility to make sure Life Fleet 315 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5~00 P.M. employees act in a proper manner and do what is right. Life Fleet has a license renewal coming up which she feels should be denied. The Governor's office also received the same complaint because they are having the same type of problem up north. Mayor Daly. They will ask the City Manager to contact Life Fleet to get to the bottom of the complaints. Willie Stewart, 619 Diamond Bar Boulevard, Diamond Bar, representing Local 47 of IBEW. He is before the Council to speak about stalled negotiations between the City and IBEW. He sees no good reason why they are stalled. They should have an agreement if both parties were motivated to reach an agreement. Only three items are at issue - wages, health care and a job security proposal. He then elaborated on each of the issues noting that job security is the most critical. They are saying, contract out all the work they want except do not do so where it causes IBEW members to be laid off. Every electric utility in the state has language like that in their labor agreement. Negotiations should be concluded and it should be very easy. The Council should order their negotiators back to the table where the order is to reach an agreement. It is the right thing to do and he urged the Council to do that for the City and the employees. The following people also spoke on behalf and in support of Local 47 (IBEW) and those members who work for the City of Anaheim urging settlement of contract negotiations: Bill Fogerty, 2740 S. Harbor Boulevard, Santa Ana, Executive Secretary - Treasurer of the Orange County Central Labor Council. (AFL-CIO representing 77 labor organizations in the county.) Angelia Keith, President and Business Manager of the Hotel and Restaurant Employees Union representing 5,000 hotel, restaurant and concession workers living in and around Anaheim and working in the tourist industry. Dale Smith, 501 E. Orangethorpe, Anaheim, retired aircraft worker. Jeffrey A. Palm, Vice President, Utility Workers Union of America (also representing over 2,000 local utility workers). Sharon Ericson, President, AMEA. She also spoke relative to the contracting out of landscape maintenance at the Stadium and Convention Center, priva=ization of functions in the Utilities Department where a number of AMEA employees work, the high salaries of management employees in the Utilities Department which she feels is a part of the problem in paying other utility employees, that it is becoming a part-time contract labor force with nothing but high paid management people, and the problem of contractors employing illegal aliens. Dale Viett, 629 S. Reseda, Anaheim, President of Utility Workers Union representing the Southern California Gas Company from E1 Centro to Visalia. 316 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. David Onken, 6081 Glen Haven Drive, Yorba Linda, City employee for 20 years (formerly an Anaheim resident for 32 years). He also spoke on the landscape maintenance contract noting that the contract specifies the workers should be able to speak English but most do not or do not understand English. Laura Reynolds (CWA) Communication Workers of America. At the conclusion of the input on the support of IBEW, Council Member Hunter prefaced his remarks by stating that he is not running for anymore elected offices. June Lowry spoke and talked about how things are getting worse in the City and the Council heard earlier about all the cuts in Parks and Recreation. He voted for the 2% User's Tax which brought in about $8-10 million dollars and the "new" Council said it was not needed. It is obvious what has been happening in the last 2 years - the quality of life in the City has diminished. He was a worker in the City starting as a Police Officer in 1965 along with now Police Chief Gaston. He never considered himself anything but a worker. He feels it is the worker that makes the difference. Anaheim is a business and most of Anaheim runs itself. The Stadium does not cost the taxpayers a dime and it is maintained from the revenues it brings in, the same with the City's golf courses. The City's Utilities Department is one of the finest run in America. The City used to have 2,300 employees and it is now down to 1,700 while the City has greatly expanded and grown in the last three to four years. People are working harder, the City keeps privatizing and down-sizing. He wants to know when they are going to say enough is enough. He urged that they work together as a team for the good of the citizens of Anaheim. Looking at the Utilities Department, employee's salaries are very small compared to the total budget. He does not know why something can't be worked out. He wants to give them assurance for the next 24 months that no one will be fired or laid off. The City can continue to look at privatization but those employees who are left should be given some assurance/security for 24 months. They can count on his vote. He feels the City has to start treating employees as they were treated in the 1980's. Nancy Long, 547 Century Drive, Anaheim. After listening to the input, she would like to inquire of the City Attorney or whoever is involved in negotiating contracts when the City privatizes and hires outside agencies, does the contract include a clause that they must employ legal residents or if it is discovered otherwise that the contract is null and void and revert back to the City. If not, that is how contractor's are saving money by not paying minimum wages or Workmen's Compensation. City Manager Ruth. Federal law requires that workers be legal citizens and the City monitors the contracts. To the best of his knowledge, the City is not aware of any illegal aliens. Monitoring is done by each department. PUBLIC COMMENTS - AGENDA ITEMS: There were public comments on Agenda Item A23. (See discussion under that item) MOTION: Council Member Simpson moved to waive reading in full of all Ordinances and Resolutions to be acted upon for the Council meeting of June 14, 1994. Council Member Hunter seconded'the motion. (Council Members Feldhaus and Pickler were absent). MOTION CARRIED. 317 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Simpson, seconded by Council Member Hunter, 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 Simpson offered Resolution Nos. 94R-97 through 94R-99, both inclusive, for adoption. Council Member Simpson offered Ordinance No. 5429 and 5430 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 Managements a. Claim submitted by Robert Rogers for property damage sustained purportedly due to actions of the City on or about May 3, 1994. b. Claim submitted by Joe Koska for property damage sustained purportedly due to actions of the City on or about May 9, 1994. Accepting a certain claim filed against the City~ a. Claim submitted by Emma E. Codispoti for bodily injury sustained purportedly due to actions of the City on or about February 12, 1994. A2. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held April 28, 1994. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 19, 1994. A3. 150: Awarding the contract to the lowest responsible bidder, Allied Engineering and Construction, Inc., in the amount of $112,350 for Ponderosa Park Recreation Center Improvements; and in the event aaid 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. 169: Awarding the contract to the lowest responsible bidder, Sully Miller Contracting Company, in the amount of $1,033,472.28 for East Street Improvements Lincoln Avenue to Broadway; 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. 172: ORDINANCE NO. 5429 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 14.40 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPEED LIMITS. A6. 123: Approving an Agreement with IWA Engineers, in an amount not to exceed $200,000 for coordination and technical support services for freeway projects in FY 1994/95. A7. 164: RESOLUTION NO. 94R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE SEWER DEFICIENCY STUDY PERTAINING TO THE NORTH CENTRAL AREA OF THE CITY OF ANAHEIM. 318 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5~00 P.M. A8. 158: Authorizing the payment of $26,677.87 to John Schmitz, pursuant to agreement on file for business relocation payment for loss of rental income and building reconfiguration during reconstruction of two commercial store fronts located at 718 and 720 North Anaheim Boulevard. A9. 123: Approving an Agreement with P&D Technologies, in an amount not to exceed $28,000 to proceed with the Anaheim Resort Area/Stadium Business Center Clean-Fuel Feeder/Distribution System. Al0. 160~ Accepting the bid of California Commercial Lighting, in the amount of $23,821.25 for a not-to-exceed amount of 425 American Electric, 70-watt high pressure sodium fixtures, in accordance with Bid #5276. All. 160: Accepting the low bid of Southwest Power, Inc., in the amount of $37,750 for ten 15KY SF-6 subsurface switches, in accordance with Bid ~5266. A12. 160: Accepting the bid of Central Maloney, Inc., c/o Southcoast Utility Sales, in the amount of $49,073 for 25 each, single-phase subsurface transformers, switched, herein identified as items 1 through 4, in accordance with Bid #5268. A13. 160: Accepting the bids of R. J. Noble Company, Owl Rock Products, and Industrial Asphalt, for an aggregate amount not to exceed $1,250,000 for asphalt concrete, for a period of one year commencing July 1, 1994, in accordance with Bid ~5275. Al4. 160: Accepting the bid of Wesco Utility Sales, in the amount of $33,075 for forty-five 37.5-K.V.A. single-phase, current-protected transformers, in accordance with Bid #5261. 160: Accepting the bid of Kuhlman Electric Corporation, in the amount of $22,085 for thirty-five 25-K.V.A., single-phase, current-protected transformers, in accordance with Bid #5261. Al5. 160: Accepting the low bid of Alcoa Fujikura Ltd., c/o Matzinger- Keegan, Inc., in an amount not to exceed $1,115,450.70 including services, for 314,300 feet of 96 fiber optics cable, in accordance with Bid #5246. Al6. 160: Authorizing the Purchasing Agent to purchase thirty-eight City vehicles and amending authorization previously approved by the City Council on March 1, 1994. Al7. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to O.M. Scott and Sons, in an amount not to exceed $100,000 for fertilizers, fungicides, and herbicides as required by Golf Operations. Al8. 123: Approving an Attorney Services Agreement with Anderson, McPharlin and Conners for assistance with litigation and mediation matters, A19. 108: ORDINANCE NO. 5428 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM 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. (Introduced at the meeting of June 7, 1994, Item A25.) 319 City Hallt Anaheimt California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. A20. 123: Approving an Agreement with the Centralia School District to provide Park Ranger patrols for Danbrook and Centralia Elementary Schools from July 1, 1994, through June 24, 1995. A21. 123: Approving an Agreement with the Anaheim City Elementary School District to provide Park Ranger patrols of school facilities from July 1, 1994, through June 24, 1995. A22. 123: Approving an Agreement with the Magnolia School District to provide Park Ranger patrols of school facilities from July 1, 1994, through June 24, 1995. A23. 153: RESOLUTION NO. 94R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM. (Mitigating the effects of reassigning the Streets Division work from the Maintenance Department to the Public Works Department.) Nancy Long. She made recommendations relative to the proposed change. A24. 153: ORDINANCE NO. 5430 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.110, 1.04.120 AND 1.04.140, AND REPEALING SECTION 1.04.155 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEPARTMENTS OF THE CITY. A25. 123: Waiving Council Policy 306, and approving an Agreement with California Forensic Phlebotomy to provide medical/technical services for chemical evidence collection from subjects from July 1, 1994, through June 30, 1995. A26. 175: RESOLUTION NO. 94R-99: A RESOLUTION OF THE CITY CouNCIL OF THE CITY OF ANAHEIM APPROVING THE SUBMITTAL OF AN APPLICATION FOR A GRANT IN THE AMOUNT OF $125,600 FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO DEVELOP A USED OIL MANAGEMENT PROGRAM, AND DESIGNATING THE UTILITIES GENERAL MANAGER AS THE CITY'S AUTHORIZED REPRESENTATIVE. Roll Call Vote on Resolution Nos. 94R-97 throuqh 94R-99, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Resolution Nos. 94R-97 through 94R-99, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5428 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Ordinance Nos. 5428 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 320 City Hall, Anaheim~ California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. A27. 130: CONTINUED 5:00 P.M. PUBLIC HEARING - CABLE TELEVISION - REGULATION OF RATES AND SERVICES: At their meeting of March 22, 1994, Item A22, the City Council considered approval of an Agreement with MultiVision Cable TV extension time for consideration of the proposed rates and charges for the basic cable service tier until June 15, 1994. At that time, the City Council opened the public hearing; continued the hearing to June 14, 1994, and extended the Agreement to June 15, 1994. Submitted was report dated June 14, 1994, from Kristine Thalman, Intergovernmental Relations Officer recommending that the Council direct the Cable Television Operator to keep an accurate account of all amounts received by reasons of the rates in issue and on whose behalf such amounts were paid and subsequently that there be a motion to continue the public hearing on rate regulation to August 23, 1994. (Also see previous report dated March 22, 1994. ) Kristine Thalman, Intergovernmental Relations Officer. She briefed her report dated June 14, 1994. She also reported that the City received notice that MultiVision Cable intends to reduce basic service rates under the new FCC (Federal Communications Commission) rules by $1.55, reinstate full-time coverage of C-SPAN and reduce the "a la carte" pricing of the super basic channels. Notice just went out to subscribers announcing that the reduction will take effect on July 14, 1994. Mr. Don Grainger from MultiVision is present and Legal Counsel is also present to answer questions. Staff recommends the Council adopt the proposed Resolution and continue the public hearing to August 23, 1994. Mayor Daly. He asked if the matter will have to be continued again in August or will they know what the Federal Government's action will be by then. The City's special Legal Counsel then clarified for the Mayor that the City will have to take final action by September 1. After that, the City will lose its ability to order refunds day-to-day. Staff's anticipation is hopefully that the Federal government will resolve the issue. If not, staff will bring some recommendation back to the Council for a definitive decision on August 23, 1994 in order to avoid any loss of refund liability. Mayor Daly opened the public hearing. Nancy Long, 547 Century Drive, Anaheim. She submitted a prepared statement dated June 15, 1994 (made a part of the record) requesting the City Council to direct the City representative negotiating the upcoming contract with MultiVision to include certain services for their customers as listed on page 1 of her statement upon which she elaborated - (1) 24 hour coverage of C-SPAN 1 during the entire life of said contract (2a) a written promise of intent to make every effort to provide coverage of C-SPAN 2. Page two of her statement listed her concerns relative to charges imposed by MultiVision not only for cable services provided but also for equipment fees specifically for converter boxes. There were no further persons who wished to speak on this issue. Council Member Daly offered Resolution No. 94R-100 directing the Cable Television operator to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf such amounts were paid. 321 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5=00 P.M. RESOLUTION NO. 94R-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE CABLE TELEVISION OPERATOR TO KEEP AN ACCURATE ACCOUNT OF ALL AMOUNTS RECEIVED BY REASON OF THE RATES IN ISSUE AND ON WHOSE BEHALF SUCH AMOUNTS WERE PAID. Roll Call Vote on Resolution No. 94R-100 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Hunter, Daly None Feldhaus, Pickler The Mayor declared Resolution No. 94R-100 duly passed and adopted. MOTION: Council Member Daly moved to continue the public hearing on rate regulation to August 23, 1994. Council Member Simpson seconded the motion. Council Members Feldhaus and Pickler were absent. MOTION CARRIED. A28. 106/000/140. Continued Public Hearinq on the 1994/95 Budqet: To consider and receive public input on budget appropriations limits A-D), and changes in fee schedules (Items E-O). (Items A. 106: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $364,157,180 FOR THE FISCAL YEAR 1994/95. B. 106: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) ANNUAL APPROPRIATIONS LIMIT OF $133,348,243 FOR THE FISCAL YEAR 1994/95. C. 106: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) ANNUAL APPROPRIATIONS LIMIT OF $133,348,243 FOR THE FISCAL YEAR 1994/95. D. 106: RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ANNUAL APPROPRIATIONS LIMIT OF $133,348,243 FOR THE FISCAL YEAR 1994/95. E. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RIGHT-OF-WAY FEES FOR THE CITY-OWNED ELECTRIC UTILITY AND WATER UTILITY. F. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING FEES FOR PLANNING, ZONING AND LAND USE PETITIONS, PERMITS, APPROVALS AND APPEALS. G. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING DEVELOPMENT FEES ESTABLISHED PURSUANT TO CHAPTER 17.30 OF THE ANAHEIM MUNICIPAL CODE (INTERIM DEVELOPMENT FEES - ANAHEIM STADIUM BUSINESS CENTER). H. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM. I. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE ADDITIONAL DEVELOPMENT FEE FOR THE ANAHEIM STADIUM BUSINESS CENTER AREA. 322 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. J. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 93R-196. K. 140: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE FEE FOR THE PUBLIC LIBRARIES FACILITY PLAN FOR THE EAST SANTA ANA CANYON AREA. L. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A SCHEDULE OF RATES TO BE CHARGED FOR RENTAL OF SPACE AT THE ANAHEIM CONVENTION CENTER. M. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE AMOUNT OF THE PARK IN-LIEU FEE AND RESCINDING RESOLUTION NO. 93R-135. N. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR PARK AND RECREATION PROGRAMS AND SERVICES COMMENCING ON SEPTEMBER 1, 1994. O. 000: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING HATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM COMMENCING ON JULY 1, 1994. Mayor Daly. Staff is recommending a continuation of the entire package of budget related activities - Items A-O until next Tuesday, June 21, 1994. He first asked if anyone wished to speak to the 1994/95 Budget. Jeff Kirsch, 2661 W. Palais, Anaheim. Speaking on Items E and J, he posed questions and gave his objections to both. On Item E, he feels it is necessary to have a more detailed explanation by Utilities, the City Manager and the Council. Relative to Sanitation Fees, the series of cost increases that have been continually imposed upon citizens for the recycling program can not continue. He is speaking out against this item. If there is no other alternative and all other expense reduction and revenue increasing methods have been examined, there should be a one-year time limit or a sunset clause so this can be re-evaluated. There should also be a commitment for a profitable convention center, some exploration of having the Transient Occupancy Tax (TOT) or an Admissions Tax to benefit the General Fund and a determination of the role and a need for rate stabilization funds. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He referred to the Resolution he submitted a couple of weeks ago saying the only way to reconcile the problem is to let people know how much employees make in the City or any other governmental agency. (Mr. Knypstra's proposed Resolution was made a part of the record.) Relative to privatization, he agrees with Council Member Hunter that there is no reason why government agencies can't be every bit as efficient as the private sector. Relative to the budget, they cannot lower his standard of living and increase the standard of living of employees. He urged that they go along with his Resolution and also not hang privatization over the heads of employees. There were no further persons who wished to speak to the budget at this time. MOTION: Council Member Daly moved to continue the public hearing on Items A-O and adoption of the 1994/95 Budget to June 21, 1994. Council Members Feldhaus and Picker were absent. MOTION CARRIED. 323 City Hall, Anaheim, California - COUNCIL MINUTES - June 14, 1994 - 5:00 P.M. B1. 155: ORDINANCE NO. 5431 - INTRODUCTION: Amending Ordinance Nos. 4860 and 4861 relating to Specific Plan 87-1 to amend Subsection 18.70.060.050 of the Anaheim Municipal Code and amend Development Area 7 (The Highlands at Anaheim Hills). Council Member Pickler offered Ordinance No. 5431 for first reading. 155: RESOLUTION NO. - .... : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING DEVELOPMENT AREA 7 OF SPECIFIC PLAN 87-1 AND AMENDING RESOLUTION NO. 87R-253 ACCORDINGLY (THE HIGHLANDS AT ANAHEIM HILLS). Action on this Resolution is continued to June 21, 1994 to be acted upon at the same time as adoption of the foregoing Ordinance. Cl. 114: COUNCIL COMMENTS: No comments. C2. 112: REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated that there are no actions to report. ADJOURNMENT: By general Council consensus the City Council adjourned. (7:10 p.m.) LEONORA N. SOHL, CITY CLERK 324