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1994/11/01City Hallr Anaheim~ California - COUNCIL MINUTES - NOVEMBER 1~ 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler, Daly COUNCIL MEMBERS: Simpson, 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 DEPUTY CITY MANAGER: Tom Wood FINANCE DIRECTOR: G~orge Ferrone PURCHASING AGENT: Diane Hughart EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:40 p.m. on October 28, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of November 1, 1994 to order at 3:13 p.m. 173: ORANGE COUNTY REGIONAL AIRPORT AUTHORITY (OCCRA) PRESENTATION: City Manager Ruth. He introduced the workshop portion of the meeting of November 1, 1994 with a presentation to be given by Mr. Ken Delino, the current Executive Director for the Orange County Regional Airport Authority (OCRAA) on the conversion of the E1 Toro Marine Base for commercial airport uses. Mr. Delino is also the Assistant City Manager for the City of Newport Beach. Mr. Ken Delino, Executive Director, OCRAA. He will be speaking first reaffirming that the County does need a new airport, secondly that E1 Toro is the right place for a new airport and thirdly he will expand upon the major and the immediate economic benefits that will accrue to the entire area. In the course of his presentation, Mr. Delino reported on issues he addressed in previous presentations to the Council, i.e., the growth and capacity at John Wayne Airport, that E1 Toro is in the approximate geographical center of the County and it is presently on the Amtrak line, that the amenities at E1 Toro make it ideal for a conversion to a commercial airport, that the impacts can be mitigated, etc. Working from a posted map/diagram of the E1 Toro base, he used an overlay to show where the noise impacts would occur basically in the "no-home zone" where only a few homes presently encroach that area. He also compared that with the area around John Wayne Airport. He emphasized that the two things that can be mitigated are air pollution and traffic and he explained how both would come about. Mr. Delino then spent the balance of his presentation expanding upon the far reaching economic benefits outlined in studies that were commissioned, one from Economic Research Associates (ERA) and the other by PND Technologies, a premier aviation planning firm. Summing up, he reiterated that they need a new airport and E1 Toro is in the right place because of its access, the ability to manage the impacts and for the tremendous economic benefits it will bring to the area. Questions were then posed by Councilmembers and answered by Mr. Delino. Mayor Daly. At the conclusion of discussion and questioning, he thanked Mr. Delino for his presentation. He also noted that when the City Council reconvenes at 5:00 p.m., they should discuss the matter further and reaffirm their support for Measure "A". He also thanked Council Member Pickler who has 653 C£tv Hall~ Anahe£m~ California - COUNCIL NINUTES - NOVEMBER 1~ 1994 - 5:00 spent years working on a variety of airport solutions which has culminated in the opportunity Orange County now has to revitalize its economy and fulfill its transportation needs. Council Member Pickler. He feels this is the last opportunity Orange County has to obtain another airport. If not, it will be to the detriment of the County. Charles Ahlers, President, Anaheim/Orange County Visitor & Convention Bureau. In addition to the jobs that the airport will bring, it does a great deal in presenting an identity. Accessibility is a major issue in getting visitors to come to an area and this international airport will do a great deal to make Anaheim/Orange County a more receptive destination than in the past. It has a lot to do with not breaking into the international market as well. It is very crucial. Accessibility close by to Anaheim has always been a factor and this would help to gain that international market. Jay Walton, Acting Executive Director, Anaheim Chamber of Commerce. The Chamber has on the first page of their newsletter recommended to their members to vote yes on Measure A. Mayor Daly thanked Mr. Delino for the information presentation. RECESS - 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. The following items are to be considered at the Closed Session: 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 73-26-65. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: County of Orange v. City of Anaheim, Orange County Superior Court Case No. 66-15-26. 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION Se 54956.9(a) - EXISTING LITIGATION: Name of case: Campanual Properties, Inc., v. City of Anaheim, Orange County Superior Court Case No. 72-19-85. LIABILITY CLAIMS Claimant: ML Media Partners Agency claimed against: City of Anaheim LIABILITY CLAIMS Claimant: Philllp Skinner Agency claimed against: City of Anaheim 6. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: David Hill Employee organization: IBEW Local 47 654 City Hall~ Anaheim~ California - COUNCIL MINUTES - NOVEMBER 1~ 1994 - 5~00 P.M. RECESS: Council Member Daly moved to recess into Closed Session. Council Member Feldhaus seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. (3:45 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Members Simpson and Hunter, and welcomed those in attendance to the Council meeting. (5:09 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Tom Daly led the assembly in the Pledge of Allegiance to the Flag. Mayor Daly. At the Council Workshop at 3~00 p.m., the Council heard a presentation by the Orange County Regional Airport Authority (OCRAA). It was an excellent summary of the opportunity that exists right now for converting the E1 Toro Marine Base into a commercial airport. He also referred to the countywide initiative on the ballot next Tuesday, Measure "A". If approved, it will require the County government to plan for the conversion of the E1 Toro Marine Base to a commercial airport. As an outgrowth of the workshop, the City Council has reaffirmed its support of a yes vote on Measure "A". The issue has been discussed on Council agendas many times. Later in the meeting, under Council Comments, Council Member Pickler noted that the Mayor reported the Council has gone on record in support of Measure "A". He feels this is the last opportunity the County has of getting another airport. He has been on the OCRAA for the past 10 or 11 years. It is important to know that the first few years the airport is open, over $21,000,000 will come back into the County. In 15 or 20 years, benefits will range in the area of $245,000,000. These facts should be kept in mind. The airport will generate approximately 22,000 jobs. These are numbers that have been researched and projected by reliable companies. There will be earnings for the people in the area of over 1.77 billion dollars over the period of time the airport is there. It is very important for the electorate to analyze Measure "A" closely. It is very much needed for the economy of the Orange County area. Mayor Daly. The hotel and motel industry and the Visitor & Convention Industry have repeatedly reminded them that one limitation on the tourist industry in Anaheim and Orange County is the lack of a world class or even a national class airport. John Wayne Airport is nearing capacity and L.A.X. as well and all the experts are saying Orange County needs additional airport capacity. This is a wonderful opportunity and as Council Member Pickler emphasized, the importance of a yes vote on Measure "A". 119: PRESENTATION/DECLARATION - AAA PEDESTRIAN SAFETY AWARD: Recognizing the Traffic Engineering Division, recipients of the Automobile Club of Southern California award for superior pedestrian program activities. John Lower, the City's Traffic & Transportation Manager stated the City is pleased to accept the award having been selected by the Automobile Club of Southern California for superior pedestrian program activities. He introduced Mr. Chuck Kurtz of the Automobile Club of Southern California. Mr. Chuck Kurtz, ACSC. The award is quite an achievement,' one which has been given for 55 years. The City of Anaheim in cities of 2000 to 500,000 population scored the highest in that category and won the award. The City's programs have helped people learn how to be safe pedestrians thereby reducing 655 City Hall. Anaheim. California - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5~00 P.MJ injuries and preventing deaths. It is for outstanding achievement for superior pedestrian and safety program activities. Mr. Lower and his staff are to be congratulated. Mayor Daly and Council Members congratulated and commended Mr. Lower and his staff. A Declaration of Recognition was also presented to Mr. Lower on behalf of the Traffic Engineering Division of the Public Works Department for receiving the award. 119: PRESENTATION - RECOGNIZING THE ANAHEIM CONVENTION CENTER - RECIPIENT OF THE PLANNERS CHOICE AWARD: Mr. Lynn Thompson, Convention Center General Manager. He is pleased and proud to be present on behalf of all the employees at the Anaheim Convention Center. This is the second consecutive year that the Convention Center has been selected as one of the top five convention users throughout North America. He is delighted to extend congratulations to all of the employees and to be associated with the Convention Center. Mayor Daly and Council Members congratulated and commended Mr. Thompson and his staff on having again received such a prestigious award. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing Eldon W. Bollom on the occasion of his retirement following 32 years of service to the City FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,473,112.01 for the period ending October 24, 1994 and $2,530,830.54 for the period ending October 31, 1994, in accordance with the 1994-95 Budget, were approved. 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. (5:23 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Leonard Lahtinen, 2731 W. Savoy Place, Anaheim. He is making a public disclaimer. He is a candidate for City Council and last Thursday, October 27, 1994, the Anaheim Bulletin quoted him saying he was endorsed by the City Council. The Council did not and should not be endorsing candidates. The statement he gave was that he has been endorsed for the Anaheim City Council by the five community college districts he works with. He does not claim endorsements he does not have and wanted to clear the matter for the record. Dr. H. Garber. He is present representing his organization, ACRU (American Civil Responsibilities Union). He referred to the documents he submitted - a statement issued at a press conference held November 1, 1994 at the Hall of Administration Press Room in Santa Aha entitled, Administration at Fault, Not 656 City Hallt Anaheim, California - COUNCIL MINUTES - NOVEMBER It 1994 - 5~00 P.M. Employers In Hiring of Illegals and also a proposed resolution on immigration reform by ACRU, CAN and ACT, Members of the California Coalition for Immigration Reform (CCIR). He then read portions of the resolution as well as remarks from the press conference statement. He is asking the Council again to reconsider taking a position on Proposition 187 as a Council. They did take positions in the past on Proposition 113 as representatives of the people. He feels the public deserves to know where they stand on this all important issue. If they won't reconsider, he asked if they would then take a position individually and if any other candidates for the City Council were present tonight or could hear him, that they also take a position. David Stoll, 327 N. Anaheim Blvd., Anaheim (business). He is a small business owner in Anaheim located just north of City Hall. Over the last 7 years, he has watched the downtown area change dramatically. As a small business owner, he wants to express how pleased he is with the dramatic positive change that has taken place. He has come to congratulate the Council for its efforts in bringing about this change. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A26 and A29 (see discussion under those items). MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 1, 1994. Council Member Pickler seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Daly, 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-251 through 94R-255, both inclusive, for adoption. Refer to Resolution 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 Dual Graphics, Inc. for property damage sustained purportedly due to actions of the City on or about July 15, 1994. b. Claim submitted by ML Media Partners, c/o Walter W. Hansell, esq., for property damage sustained purportedly due to actions of the City on or about August 1, 1994. c. Claim submitted by Phillip A. Skinner, c/o Cecil C. Wright, esq., for bodily injury sustained purportedly due to actions of the City on or about April 1, 1994. d. Claim submitted by Orange County Screw Products, Inc., attn: Robert F. Andri, for property damage sustained purportedly due to actions of the City on or about July 15, 1994. 657 City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5~00 P.M. e. Claim submitted by Miracle Muffler for property damage sustained purportedly due to actions of the City on or about July 15, 1994. f. Claim submitted by Patricia White, c/o Alan R. Nicolette, esq, for bodily injury sustained purportedly due to actions of the City on or about May 4, 1994. g. Claim submitted by Morris Roofing, attn: Tim Morris, for property damage sustained purportedly due to actions of the City on or about August 15, 1994. h. Claim submitted by Virginia & Antonio Arciniega, c/o John R. Cogorno, esq., for bodily injury sustained purportedly due to actions of the City on or about March 17, 1994. i. Claim submitted by Marla Gam-Hudson for property damage sustained purportedly due to actions of the City on or about July 18, 1994. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held September 1, 1994. 156: Receiving and filing the Anaheim Police Department Crime Statistics Report for the month of September, 1994. 117: Receiving and filing the Summary of Investment Transactions for September, 1994. 105: Receiving and filing minutes of the Telecommunications Policy Committee meeting held September 15, 1994. A3. 150: Rejecting the one bid proposal submitted by Sturgeon General for the Oak Canyon Nature Center erosion control project. A4. 150: Approving Contract Change Order No. 1, in the amount of $8,500 in favor of Metro Builders and Engineers Group Limited, for the replacement of deteriorated wire and sheeting on three existing exterior stucco walls for the Peralta Canyon Park Recreation Center Improvements. A5. 123: Approving an Agreement with the Southern California Regional Rail Authority/Metrolink for the sale of monthly Metrolink passes and 10-trip tickets at Commuter Services. A6. 170: Approving the Final Map of Tract No. 12686 and the Subdivision Agreement with The Presley Companies; and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 12686 is located at the west side of Sunset Ridge Road and South of Hollow Oak Road of the Highlands, and is filed in conjunction with Specific Plan No. 87-1. A7. 170: Approving the Final Map of Tract No. 13513 and the Subdivision Agreement with Baldwin Building Contractors; and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 13513 is located at The Summit of Anaheim Hills on Summerbreeze Lane, Hayden Court and Bromley Court, and is filed in conjunction with Specific Plan No. 88-2. A8. 123: Approving an Amendment to Agreement with the University of California, Davis (UC Davis) for the downtown Anaheim Telecenter. 658 City Hall, Anaheim~ California - COUNCIL MINUTES - NOVEMBER Id 1994 - 5200 P.M. Council Member Feldhaus. He is abstaining from discussion and action on this item as he has done in the past. At the conclusion of the Consent Calendar, Council Member Feldhaus abstained from voting on this item. Ag. 123: Approving the Amendment to Standard Contract with the South Coast Air Quality Management District for the development and implementation of the express buspool service from the San Bernardino area. Al0. 158: To consider finding that the sale of city-owned property located on the south side of Santa Aha Canyon Road, west of Fairmont Boulevard (Old Sari Canal) is in the best interest of the City (and waiving bid requirements); and accepting the offer received in the amount of $77,000; and authorizing the Mayor and City Clerk to sign the Grant Deed. (4/Sths vote required.) City Manager Ruth. Since this item requires a 4/Sths vote, staff is requesting a one week continuance. MOTION: Council Member Pickler moved to continue Item Al0 for one week. Council Member Daly seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. All. 160: Accepting the bid of Khulman Electric Corporation, in the amount of $207,419 for 108 single-phase subsurface transformers, switched, and unswitched, in accordance with Bid #5311. A12. 1602 Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order, without competitive bidding, to Schweitzer Laboratories, c/o Matzinger Keegan, in the amount of $65,130 for 52 relays, and 26 connection cables for Anaheim and Dowling Substations. Council Member Feldhaus. He asked why this item did not go to competitive bidding. Diane Mughart, Purchasing Agent. It appears the uniqueness of the requirement for the substation, to be consistent with the current one or the upgrading, prohibits going out to other sources. Other sources were investigated but did not meet the same requirements that they have presently. In the future they will include an explanation as to why they did not use the competitive bidding process. A13. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue Purchase orders to Kustom Signals, Inc., in the amount of $5,360 for four hand-held radar devices and to Mighty Mover Trailers, Inc., in the amount of $27,173.48 for two mobile radar display trailers. Al4. 156: Accepting a grant from the California Office of Traffic Safety, in the amount of $37,376 to purchase equipment for the implementation of a Traffic Safety Program in the City of Anaheim; and amending the Fiscal Year 94/95 budget by increasing revenues and expenditures in Fund 218 by $37,376. Al5. 156: RESOLUTION NO. 94R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO DONATE FIREARMS OF HISTORICAL VALUE TO THE CALIFORNIA NATIONAL GUARD MILITARY MUSEUM AND RESOURCE CENTER. 659 City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 1. 1994 - 5,00 P.M. A16. 113: RESOLUTION NO. 94R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD (Community Development Department). A17. 123: Approving an Agreement with the National Alliance of Business, in the amount of $26,340 for consultant services to the City's Job Training Program Division; and authorizing the City Manager to execute said Agreement and any modifications thereto. A18. 128: Approving a $47,542,200 bond escrow expenditure appropriation for Account No. 331-411-5268-8694 to reflect previously-approved debt retirement. Council Member Feldhaus asked the meaning of cross over funding which was explained by Lisa Stipkovich, Executive Director of Community Development. Al9. 123: Approving an Agreement with Amies Communications, in an amount not to exceed $75,000 for professional consulting services for a two-year period to support the Powerful Partnership Program. (Utilities/Community Development) A20. 158: RESOLUTION NO. 94R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. 158: RESOLUTION NO. 94R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A21. 184: Reviewing the need for continuing the Fifth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A22. 106: Appropriating $85,700 in additional expenditure authority for the Labor Relations Department, and $4,040 in additional expenditure authority for the City Clerk Department for the 1993/94 fiscal year. A23. 123: Approving a Settlement Agreement with the Anaheim Hotel Partnership relating to issues outstanding from the takeover of the Enclosed Parking Facilities (Convention Center CarPark II). A24. 153: RESOLUTION NO. 94R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. (To create the classifications of Building Inspector III, and Building Inspection Supervisor, effective November 4, 1994.) A25. 000: Approving a partial fee waiver for the Buttons and Bows Square Danc~ Club of Anaheim for a b~n~fit ~v~nt to be held at Brookhur~t Community center on Sunday, February 19, 1995. A26. 175: Approving a two year pilot Landscape Water Conservation Program to offer landscape water audits to Anaheim homeowner associations. 123: Approving an Agreement with Integrated Urban Forestry, in an amount not to exceed $24,000 to conduct landscape water audits; and authorizing the Public Utilities General Manager to execute said Agreement and related documents on behalf of the City. 660 City Hall, Anaheim, Californla - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5~00 P.M. 123= Approving an Agreement with Metropolitan Water District of Southern California to receive funding, in the amount of $12,000 for the Landscape Water Conservation Program, and authorizing the Public Utilities General Manager to execute said Agreement and related documents on behalf of the City. Carolyn Nussbaum. She expressed her support for the Landscape Water Conservation Programs. As a member of the Rocky Pointe Homeowner's Association and the Landscape Chairman, she is speaking on behalf of the 196 concerned residents. She then read her letter dated October 31, 1994 which concluded, "We believe it is advantageous for the City to adopt the Landscape Water Conservation Program. Everyone benefits once scarce resources are conserved. This program will help save money on water bills, reduce operating costs and ensure long term wise water use. We strongly urge you to join us in support of this very worthwhile program". A27. 123: Approving Amendment No. 2 to the Reload Fuel Assembly Contract between Southern California Edison Company, San Diego Gas & Electric, City of Anaheim, City of Riverside, and Combustion Engineering, Inc., which will reduce the cost of Guardian Grid reload fuel assemblies by $180,000; and authorizing the Public Utilities General Manager to execute said Amendment on behalf of the City. A28. 175: Approving the Energy Sale for New Construction program to provide an incentive for new commercial and industrial construction projects in Anaheim to exceed the State of California's Title 24 energy efficiency standards, as recommended by the Public Utilities Board at their meeting of October 6, 1994. A29. 123: Authorizing Holmes and Narver to proceed with Phase 2 through Phase 6 of architectural services as included in the agreement approved by City Council on November 17, 1992. (Dream Street Police Satellite Substation.) Sheri Flynn. She referred to joint staff report dated November 1, 1994 from the Public Work's Director, Gary Johnson and Police Chief, Randall Gaston relative to the subject with attachments (previous staff report dated May 11, 1993 recommending the Dream Street Site, Police Satellite Substation - Available Funds, dated October 11, 1994 and staff report dated September 27, 1994 from the Chief of Police listing operating costs for the Anaheim Hills Police Substation). Mrs. Flynn pointed to several of the costs which to her seemed extremely excessive such as cost for testing and inspection, $95,000; an on-site representative, $180,000; furnishings and equipment, $840,000, etc. Her point is, the Holmes and Narver estimated construction costs are $4.8 million but after adding all the fees, the cost is $6.3 million. It is almost taking the project and saying it cannot be done. The numbers are very high and they want them looked at and cut down. Costs are also for a 33,000 square foot facility which is needed in 2010 to 2020 and that is considering that Coal Canyon and Mountain Park will get built. The estimate is for 17,000 square feet to be used within the next two years. They want the City to build what they can afford with the money they have. She also addressed other issues such as the discrepancy between the cost to run the temporary facility and the permanent facility. She has also never received a good answer on where the $365,000 for police services that has been spent has gone. She was told it went into the General Fund. There is no line item in the Police Department that that money went to pay for police services. They are very concerned about where their money is going. 661 City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5~00 P.M. Mayor Daly. Mrs. Flynn has laid out a number of questions regarding the staff report. The recommendation from staff is to proceed to hire the architect to complete the design for the Anaheim Hills Substation. He asked if she is in support of the bottom line recommendation that the project should go forward while at the same time needing answers to the questions posed. Mrs. Flynn answered that it should go forward only if they are going to build the building. Mari Penny. At the meeting of June 7, 1994 according to the minutes, it was stated that the construction and phasing report would be addressed in a staff report which was to be available in 30 days but it is now about 120 days past that. At that time, it was thought it would be 18 months to completion but as of now it appears the substation will not be completed until July of 1996. The residents are concerned it might be pushed past that. The paper that Sheri Flynn passed out regarding the funds that have already been spent, approximately $210,000, has been spent out of Mello-Roos funds for the substation which she assumes is for architectural costs and in the staff report it also says that further architect and engineering costs are approximately $300,000 so the $500,000 for architect and engineering costs sounded high. They would like a break down of how the $210,000 was spent and is the $180,000 for on-site inspection a necessary cost. City Manager Ruth. The proposal tonight is to have the architect proceed with the design of the full facility in trying to reduce the cost. It is fully the intent to work with all three Community Facilities Districts (Mello-Roos) representatives and groups to reveal all costs and how the money is to be expended with the objective to reduce costs. He feels with some appropriate redesign, the costs can be reduced. If they come up short, they could phase the project but the goal is to have the design completed within 8 months and under construction shortly thereafter with about a one-year construction. They have no intentions of delaying this because it is a very high priority. Staff will be happy to explain how the monies have been expended to date and will arrange to have Mr. Tom Wood and Mr. George Ferrone sit down with any of the representatives to discuss how the funds have been expended to date. Tom Wood, Deputy City Manager. The numbers before the Council are estimates. Relative to the on-site representative, reconstruction of the main police headquarters was a classic where they did not have an on-site representative involved and they subsequently ended up in litigation which was quite expensive. They have found on subsequent projects such as the arena that it pays to have on-site representatives managing construction of the project because it saves a lot of money at the end. That nun%bet will also change since it is an estimate. He also answered additional questions posed by the Mayor relative to phasing, how the building would be expanded, etc. Mayor Daly. He noted that the Finance Director's letter to Mrs. Flynn talked about $367,000 that was allocated from the Mello-Roos districts for police services as opposed to the substation from June, 1989 to February, 1994. He asked if there was a line item in the police budget to reflect the Mello Roos revenue. Tom Wood. His understanding is those monies are moved into the General Fund and the Police Department's budget is financed from the General Fund. They are a revenue stream to the General Fund which, in turn, supports the police department. 662 City Hall, Anahe£m, Californla - COUNCIL MINUTES - NOVEMBER It 1994 - 5~00 P.M. City Manager Ruth. They will try to extract the $367,000 out of the Police budget and try to identify what services that provided for the residents in that area. He also clarified upon questioning that they have increased services and will be glad to identify that. Mrs. Flynn continued to express her concern that the cost figures were high especially the $150 a square foot which is strictly for the building and not the underground parking. Also it is her understanding the fund for service is taken out of the Highlands and the Summit for 10 years or about $100,000. It is ongoing and $367,000 has already been spent and not planned to be spent. As far as adding police services or that money going into the General Fund and adding general police to the whole area, their area from State College to Riverside has not added any new police officers from what she has been told. They have four officers plus a sergeant coming out of downtown Anaheim and now have a temporary substation so there is more of a presence but have never received the three officers they were to get for the money at least in their area. If the three officers are added to downtown, they are subsidizing them and still not getting coverage. She also explained for the Mayor that Mello Roos is unique to Anaheim Hills. They feel they should have the coverage since they are paying for it. It is a special tax that no one else in the City pays and they should be getting what they are paying for. She also confirmed that they do support the item but are concerned about controlling costs. City Manager Ruth. The three police officers alone would cost $250,000 for one year. Mrs. Flynn stated that $367,000 was spent over the last three years. He suggested that the Finance Director, George Ferrone, speak to the matter. George Ferrone, Finance Director. He first explained the formula on how Mello-Roos funds are apportioned to the Police and Fire services in the Canyon. Under Mello-Roos, there is a formula that allows $186 per permit pulled for the homes in that area to be used for police and fire services which amounts to approximately $186,000 a year. That is how much is allowed to be placed in the police and fire department budgets from Mello-Roos to fund their services. Beyond that every year both the Police and Fire Chief have to confirm they have spent at least that much on Police and .Fire services in the canyon in order to get reimbursed from Mello-Roos. They tell him they spent much more than the $186 for each permit pulled. Mayor Daly. He respects the comments of Mrs. Flynn and Mrs. Penny on the costs of the proposed substation and thanked them for bringing those forward. Later in the meeting, Mayor Daly stated they are all very conscious of the cost aspects of the project. He believes the more important aspect is funding the ongoing operation once the substation is opened. It is important to move forward this evening on the architect's contract to keep faith with the residents in the Mello-Roos district who have redirected the money giving a clear signal and desire to see the substation built as quickly as possible. The Police Chief and City Manager are working to the best of their abilities to keep that faith with the residents of the Mello-Roos districts as well as all the residents of Anaheim Hills to deliver the substation as quickly and as well as possible. It is also important to obtain at the earliest opportunity a report from staff at the earliest stage in the architect's work where it is known if the cost can be lowered and any other important characteristics of the station which matter to the public and if that report can be brought forward as soon as possible - whether the architect is able to find ways to 663 City Hell, Anaheim,..California - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5:00 P.M. cut some of the costs as well as the projected construction timetable for the police substation. A30. 114: Approving minutes of the Anaheim City Council meetings held August 16, 1994, and September 13, 1994. Roll Call Vote on Resolution Nos. 94R-251 throuqh 94R-255, both inclusive, for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Pickler, Daly None Simpson, Hunter The Mayor declared Resolution Nos. 94R-251 through 94R-255, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Ail Ayes, Council Member Simpson and Hunter were absent.) A31. 105: APPOINTMENT TO FILL UNSCHEDULED VACANCY ON THE PUBLIC UTILITIES BOARD: Appointment to fill the unscheduled vacancy created by the untimely passing of Bob Kazarian for the term ending June 30, 1994. (This matter was continued from the meetings starting August 9, 1994 to this date.) Council Member Feldhaus nominated Tom Kirker. There were no further nominations. MOTION: Council Member Pickler moved to close nominations, Council Member Daly seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. MOTION: Council Member Daly moved a unanimous appointment of Tom Kirker to fill the unscheduled vacancy on the Public Utilities Board. Council Member Pickler seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. A32. 108: PUBLIC HEARING - AMENDING THE ANAHEIM MUNICIPAL CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX (TOT): To consider Ordinance No. 5457, amending Chapter 2.12 of the Anaheim Municipal Code for the purpose of increasing the transient occupancy tax which tax is imposed by the City upon certain transients as a percentage of the rent charged by hotel or motel operators to such transients for the privilege of occupancy of accommodations in hotels or motels in the City of Anaheim as defined in Section 2.12.005 of the Code. ORDINANCE NO. 5457 - ADOPTION: Amending Section 2.12.010 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code relating to Transient Occupancy Taxes to increase the T.O.T. tax rate from 13% to 15%, effective July 1, 1995. The ordinance was introduced at the public meeting of October 4, 1994 when the Anaheim Resort Revitalization Program was approved by the Council (see minutes that date). 664 City Hall, Anaheimt California - COUNCIL MINUTES - NOVEMBER 1, 1994 - 5100 P.M. Mayor Daly. The City Council approved the first reading of the ordinance which would increase the bed tax in Anaheim from 13% to 15%. Tonight is the second and final reading. If approved, the increase in the tax would be effective July 1, 1995. The Council received a very thorough staff report on this item on October 11, 1994. Charles Ahlers, President, Anaheim/Orange County Visitor & Convention Bureau, 800 W. Katella Avenue, Anaheim. He was present when the matter was addressed on October 4, 1994 and in full support of the issue. No one wants to see a new tax but when the benefit outweighs the cost to the industry involved, it is a good idea. Competition has taken its toll on the visitor industry. Things have changed and in order to remain competitive, they have to bring the product up to new standards. The tax increase will enable that to happen and the industry is behind it. Jeff Kirsch, 2661 W. Palais, Anaheim. He is concerned about the tax increase as he mentioned during the resort project hearings. The staff report did not address the effect of competitive losses. He is concerned about where a TOT tax increase will place Anaheim relative to a competitive posture and what affect that will have on the General Fund. Mayor Daly. He feels the answer is embodied in the previous speaker's comments. Private business people are the most sensitive to the competitive forces and if there are any decreases in hotel stays, the hotel industry and Anaheim will let them know as quickly as possible. Mayor Daly closed the public hearing. Mayor Daly. He thanked the members of the Visitor & Convention Industry who have spoken loud and clear in support of the increase. What they have said, while it is never desirable to raise the bed tax, in this case as in previous cases, it was of paramount importance to find a source of revenue to fund needed improvements to stay competitive. The area around Disneyland must be revitalized and this source of funding in their judgement is the best source of funding so the City can again be proud of that area as a gateway to Orange County's tourism. Tom Wood, Deputy City Manager. Speaking to the "leakage" issue, the greatest concern is, failing revitalization, they will lose far more business than they could ever imagine. The economists did a projection and showed some leveling off of business during construction, in transient occupancy tax. The game plan is to do everything possible to ensure.that construction impacts are minimized and to have open and complete communication with the hoteliers working around the holiday dates and peak times to ensure that there is no increased impact due to construction. The economists work did not have anything to do with the increase in rate but simply a concern for impacts during construction. Council Member Daly offered Ordinance No. 5457 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5457: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 2.12.010. OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXES. (To increase the T.O.T. tax rate from 13% to 15%, effective July 1, 1995.) 665 C~t¥ Hall~ ~nahe~m~ Cal£forn£a - COUNCIL MINUTES - NOVEidBER 1~ 1994 - 5~00 P.M. Roll Call Vote on Ord£nance No. 5457 for adopt£on~ AYES: COUNCIL MEMBERS: Feldhaus, P£ckler, Dal¥ NOES: COUNCIL HEMBERS: None ABSENT: COUNCIL MEMBERS: S£mpson, Hunter The Mayor declared Ordinance No. 5457 duly passed and adopted. B1. 155: REOUESTS FOR REHEARING - ANAHEIM RESORT SPECIFIC PLAN: REQUESTS FOR REHEARING RECEIVED FROM: 1) BEST, BEST & KRIEGER, 400 Mission Square, 3750 University Avenue, post Office Box 1028, Riverside, CA 92502-1028 on behalf of the Anaheim Union High School District. (Letter October 12, 1994) 2) BEST, BEST & KRIEGER, 400 Mission Square, 3750 University Avenue, post Office Box 1028, Riverside, CA 92502-1028 on behalf of the Anaheim City School District. (Letter October 12, 1994) 3) DEBORAH J. FOX, FREILICH, KAUFMAN, FOX & SOHAGI, 11755 Wilshire Boulevard, Suite 1230, Los Angeles, CA 90025-1518 on behalf of the City of Garden Grove. (Letter October 14, 1994) ENVIRONMENTAL IMPACT REPORT NO. 313 GENERAL PLAN AMENDMENT NO. 333 SPECIFIC PLAN NO. 92-2 (INCLUDING ZONING AND DEVELOPMENT STANDARDSr A DESIGN PLAN AND GUIDELINESr AND A PUBLIC FACILITIES PLAN) ANAHEIM RESORT IDENTITY PROGRAM ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM ANAHEIM RESORT NONCONFORMING SIGNAGE PROGRAM ACTIONS INITIATED BY:THE CITY OF ANAHEIM, PLANNING COMMISSION PER PLANNING COMMISSION RESOLUTION NO. PC94-102 LOCATION: The 1,046-acre Anaheim Resort, including the 549.5-acre Anaheim Resort Specific Plan area, is generally located adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue and is accessible from Harbor Boulevard, Ball Road, Freedman Way, Katella Avenue, West Street, Orangewood Avenue, Haster Street/Anaheim Boulevard and Walnut Street (see attached map showing location of the Anaheim Resort and the Anaheim Resort Specific Plan boundaries). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended Certification of EIR NO. 313 (5 yes votes, i no vote, I absent). OPA NO. 333 APPROVED (PC94-113) (6 yes votes, 1 absent). Specific Plan 92-2 (including Zoning and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan) APPROVED (PC94-114) (6 yes votes, i absent). Anaheim Resort Identity Program APPROVED (PC94-115) (6 yes votes, i absent). Anaheim Resort Public Realm Landscape Program APPROVED (PC94-116) (6 yes votes, i absent). Anaheim Resort Nonconforming Signage Program APPROVED (PC94-117) (6 yes votes, I absent). 666 C£ty Hallt Anahe£mt Cal£forn£a - COUNCIL NINUTES - NOVEMBER 1~ 1994 - 5~00 P.N. ACTION TAKEN BY THE CITY COUNCIL AT THEIR MEETING OF SEPTEMBER 20t 1994~ ITEM D3~ RESOLUTION NO. 94R-234 Certifying EIR NO. 313 and adopting a statement overriding considerations and mitigation monitoring program. RESOLUTION NO. 94R-235 GENERAL PLAN AMENDMENT NO. 333. RESOLUTION NO. 94R-236 Specific Plan No. 92-2 (including Zoning and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan). RESOLUTION NO. 94R-237 Zoning Development Standards for Anaheim Resort Specific Plan No. 92-2. ORDINANCE NO. 5453 (INTRODUCTION) Amending Chapter 18.48 of the Anaheim Municipal Code relating to Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92-2. (ADOPTED AT THE MEETING OF SEPTEMBER 27, 1994, ITEM Bi0.) ORDINANCE NO. 5454 (INTRODUCTION} Amending the Zoning Map for Specific Plan 92-2. (ADOPTED AT THE MEETING OF SEPTEMBER 27, 1994, ITEM Bl1.) RESOLUTION NO. 94R-238 Anaheim Resort Identity Program. RESOLUTION NO. 94R-239 Anaheim Resort Public Realm Landscape Program. RESOLUTION NO. 94R-240 Anaheim Resort Nonconforming Signage Program. Mayor Daly asked the City Attorney to speak to the three requests for rehearing on the subject Anaheim Resort Specific Plan. City Attorney White. He has reviewed all three affidavits and applications (two from Best, Best & Krieger for the Anaheim Union High School District and Anaheim City School District respectively and the third from Deborah J. Fox, Freilich, Kaufman, Fox & Sohagi on behalf of the City of Garden Grove) and recommends denial of all three requests for rehearing. MOTION: Council Member Daly moved to deny the requests for rehearing submitted by Best, Best & Krieger and Fox, Freilich, Kaufman, Fox & Sohagi relative to the Anaheim Resort Specific Plan which was approved by the Council on September 20, 1994. Council Member Pickler seconded the motion. Council Members Simpson and Hunter were absent. MOTION CARRIED. City Attorney White, answering the Mayor stated these requests are to exhaust administrative remedies to enable the entities to start litigation without that defense being raised by the City in litigation. B2. 179: ORDINANCE NO. 5459 FOR INTRODUCTION: Amending'Title 18 to rezone property under Reclassification No. 94-95-03 located at 801 South Anaheim Boulevard from the CH and PD-C zones to the CL zone. Council Member Daly offered Ordinance No. 5459 for first reading. ORDINANCE NO. 5459: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-03 LOCATED AT 801 SOUTH ANAHEIM BOULEVARD FROM THE CH AND PD-C ZONES TO THE CL ZONE. 667 City Hall~ Anahe~mr California - COUNCIL MINUTES - NOVEMBER lr 1994 - 5~00 P.M. Cl. 114: COUNCIL COMMENTS - GARAGE SALES, YARD SALES, INDUSTRIAL RETAIL SALES: Council Member Feldhaus. He expressed his concern at the blight that is being caused by garage sales and yard sales where people are making a weekend business out of those activities. Other cities have had to take action and he would like to have the topic placed on a Council Agenda for discussion and corrective action perhaps in three weeks. Council Member Pickler. He concurs that the matter should be agendized for discussion. Such sales are getting to be a business. He does not mind people having garage sales periodically. He believes that Santa Aha has a limit of four. They have to get permits and go through a process. Council Member Feldhaus. He also noted over and above garage and yard sales that in some of the city's industrial areas, there are sales with flags and banners flying causing blight. Mayor Daly. He asked Council Member Feldhaus where he is going with the idea. He appreciates that he brought the issue up - one alternative is to limit the number of yard sales in residential neighborhoods. Council Member Feldhaus. He talked with the City Manager just briefly. He only brings up the sales in the industrial areas because they are actually in the business of retail sales with car loads of items being sold weekend after weekend. He is, however, more concerned with the proliferation of garage or yard sales in some cases being conducted on the City's sidewalks as well as the posting of illegal signs. He would like the Council to discuss the matter and have staff thinking about what they would suggest relative to the issue. Mayor Daly. He likes the idea of enhanced Code Enforcement activity and patrol on weekends. C2. 123: REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White reported settlement of the following: County of Orange vs. City of Anaheim - O.C.S.C.C. - 66-15-26. Council approved a settlement agreement relating to parking fine surcharges in the amount of $695,549.35. This item was approved by the Council on the following vote: Ayes: Feldhaus, Pickler, Daly Absent: Simpson, Hunter ADJOURNMENT: By general consent the City Council meeting of November 1, 1994 was adjourned. (6:58 p.m.) LEONORA N. SOHL, CITY CLERK 668