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1993/06/08City Hall, ~,~heim, California - COUNCIL MINUTES - JUNE 8, 1993 - 2~00 P.M. The City Council of the City of Anaheim met in special session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY MANAGER: David Morgan LIBRARY DIRECTOR: William Griffith FIRE CHIEF: Jeff Bowman HUMAN RESOURCES BENEFITS & INFORMATION MANAGER: Chris Chase PRESIDENT VISITOR & CONVENTION BUREAU: Charles Ahlers A complete copy of the agenda for the special meeting of the Anaheim City Council was posted at 1:40 p.m. on June 4, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the special meeting of June 8, 1993 to order at 2:05 p.m. 106: PUBLIC HEARING - RESOURCE ALLOCATION PLAN (BUDGET): To consider the proposed 1993/94 Resource Allocation Plan. FISCAL YEAR 1993/94 DEPARTMENTAL RESOURCE ALLOCATION PLAN WORKSHOP: City Manager James Ruth. This is a public hearing to review and adopt the City's 1993-94 Budget pursuant to City Charter Sections 12.02, 12.03 and 12.04. Council has been provided with the proposed budget document and supporting computer printouts, information which has been available since May 27, 1993 for public inspection, as legally advertised. The public hearing will be continued to June 15, 1993 and may at Council's discretion be continued to subsequent dates prior to July 1, 1993 and still meet Charter requirements. Mr. James Ruth, City Manager, stated that the budget which he is presenting to the City Council this date has been reduced by a total of 32.2 million dollars. The dollar amount of the proposed 1993/94 budget is $589,903,938, which is 5.3% below the current 1992/93 annual budget. This budget was put together with the assumption that once again the State of California would fund its deficit again by a shift of property taxes from cities to schools and a "take" from the Redevelopment Agency. In the 1993-94 proposed budget the City has anticipated a reduction of 2.9 million dollars to the State of California. The proposed budget also assumes that the economy will grow slowly, and therefore the revenue sources are moderately increased. The proposed budget also assumes that the 2% Utility Users Tax will be continued beyond its sunset date of September 30, 1993. If the Tax expires on schedule, then it will be necessary to reduce the 1993/94 budget by an additional $6 million dollars. The revenue loss for the entire fiscal year period amounts to $9 million dollars. The budget submitted contains no salary increases for either bargaining units or management, and there are no General Fund capital improvement projects. The budget as proposed reflects 175 fewer full-time positions city-wide, and when part-time hours are included, the reduction is over 200 positions, or 10% of the City's workforce. 362' City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 2=00 P.M. Mr. Ruth recounted the positive issues on which the City staff has focused and summarized that while the City faces serious financial problems, he believes these will be short lived. Despite funding problems the budget package presented provides for continuation of the myriad of essential services that Anaheim's residents have come to expect. (Full text of budget message in 1993/94 Budget Executive Summary pages 4 - 6.) BUDGET ADVISORY COMMISSION RECOMMENDATIONS: Shirley McCracken, Chairperson, Budget Advisory Commission. She briefly summarized the Budget Advisory Commission report to the City Council dated May 28, 1993 (made a part of the record), which first outlined the activities that the Commission completed during the course of its first fiscal year, 1992/93. The Commission met frequently and heard presentations from various departments, considered issues such as privatization, personnel and benefits costs, the Utility Users' Tax, and economic development within the City; reviewed the States budget situation, discussed the need for long-term financial planning within the City, and made recommendations concerning the FY 1993/94 Budget. During the course of the fiscal year, the Commission lost the services of Commissioners Tom Tait, Leon Alexander and Julie Mayer and welcomed new Commissioners Ben Bay, Jimmy Kennedy, and Gina Beitler. Pages 1 and 2 of the Budget Advisory Commission's report to the City Council gave the Commission's recommendations on the following issues: Extension of the 2% Utilities Users' Tax, Alternative Financing if the tax is not extended, and additional expenditure reductions; in addition, long-range recommendations for the Fire Department as follows: Exploration of the possible provision of ambulance services by the City, exploration of opportunities to increase the collection rate on City paramedic services, and provision of Fire Department services to neighboring cities where it is economically' beneficial to both cities. The Budget Adivsory Commission report also indicates their anticipation of pursuing long-range issues for recommendation to the City Council, including salaries and benefits, financial ramifications of the Disneyland project, fees and charges at the Convention Center, and a long-range study of all revenue sources. On behalf of the City Council, Mayor Daly commended the entire Commission for their time, effort and dedication in bringing forth the recommendations presented to the City Council. The following department heads then gave an overview of their department's proposed budget, some explaining their plans and goals for the coming year(s) and accomplishments during the past fiscal year. Any changes from the plan presented were also explained at this time: Anaheim Visitor & Convention Bureau President, Charles Ahlers - Visitor and Convention Bureau - (see Annual Budget Booklet) Page 25. City Clerk Leonora N. Sohl - City Clerk's Office - Page 67. Assistant City Manager Dave Morgan - Administration - Page 63, and Human Resources - Page 67. 363 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 2:00 P.M. Benefits & Information Manager, Chris Chase - Human Resources Benefits - Page 67. Library Director William J. Griffith - Library - Page 27 Fire Chief, Jeff Bowman, Fire Department - Page 33 ADJOURNMENT: Council Member Daly moved to adjourn the special meeting of June 8, 1993. Council Member Pickler seconded the motion. MOTION CARRIED. (3:30 p.m.) LEONORA N. SOHL, CITY CLERK 364 City Hall, Anaheim, Californi& - COUNCIL MINUTES - JUNE 8, 1993 - 5=00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl DATA PROCESSING DIRECTOR: Janet Mace CONVENTION CENTER GENERAL MANAGER: Lynn Thompson STADUIM/GOLF-FINANCE/ADMINISTRATIVE MANAGER: Bill Sweeney LABOR RELATIONS DIRECTOR: Garry McRae PLANNING DIRECTOR: Joel Fick PUBLIC UTILITIES GENERAL MANAGER: Edward Aghjayan PUBLIC WORKS/ENGINEERING-ADMIN SRVCS COORDINATOR: Greg Trombley A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:40 p.m. on June 4, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of June 8, 1993 to order at 3:30 p.m. 106: PUBLIC HEARING - BUDGET: To consider the proposed 1993/94 Resource Allocation Plan. FISCAL YEAR 1993/94 DEPARTMENTAL BUDGET WORKSHOP: Departmental budget presentations continued with the following: of the special meeting held June 8, 1993). (See minutes Data Processing Director Janet Mace, Data Processing - Budget Plan Page 69. Convention Center General Manager Lynn Thompson, Convention Center - Page 45. Labor Relations Director Garry McRae, Labor Relations - Page 64. City Attorney Jack White, City Attorney - Page 65. Public Utilities General Manager, Ed Aghjayan, Public Utilities - Pages 59-61. During the course of some of the presentations, the Council posed questions relative to the respective budgets which were answered by the Department Manager, City Manager Ruth or Bill Sweeney, Budget & Audit Manager. Mayor Daly asked if anyone wished to address the Council at this time, noting that there would also be an opportunity to do so at the next week's budget hearings. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He acknowledged the financial problems being faced by the City and, indeed, all governments today. Perhaps in trying to cut costs, the City Council has in.the past cut out enough jobs, however in the category of employee benefits other costs could be cut, i.e., unused sick leave "bonuses", long- and short-term disability benefits, the 8% management package and health care benefits for retirees. He would like to 365 City Hall. Anaheimr California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. know the costs to the City for these items before any vote is taken on the potential extension of the 2% Utility Users' Tax. Sharon Ericson, President, Anaheim Municipal Employees Association (AMEA). She listed the following concerns of AMEA members for Council members to consider prior to their next budget hearing: me Outside legal counsel is sometimes utilized for negotiations and grievance arbitrations, and the association feels that either this practice should be discontinued, or all attorney services should be privatized. me Next week she intends to report on the costs of contracting data processing services vs. the current cost to City Departments for doing business with the Data Processing Department. 3e Regarding the eight skilled craft maintenance workers who were transferred to the Convention Center, a program is being instituted whereby these workers will continue a 5-day work week, but over a 7 day rotation schedule, thereby saving the City approximately $78,000 in overtime during the next fiscal year. Mayor Daly asked if anyone wished to address the Council at this time, noting that there would also be an opportunity to do so at next week's budget hearings, there was no response. MOTION= Council Member Daly moved to continue the public hearing on the City's proposed 1993/94 Budget (22C) to June 15, 1993 at 2:00 p.m. Council Member Simpson seconded the motion. MOTION CARRIED. RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: ao To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: Hayes vs. City of Anaheim, Orange County Superior Court Case 62-34-84 DeSandee vs. City of Anaheim, Orange County Superior Court gase 59-33-05 Barajas vs. City of Anaheim, Orange County Superior Court Case 69-70-09 be To meet with and give directions to its authorized representative regarding labor relations matters - ~overnment Code Section 54957.6. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. de To confer with its attorney regarding, potential litigation pursuant to Government Code Section 54956.9(b)(1). 366 City Ha11~ Anaheim, California - COUNCIL MINUTES - J~NE 8, 1993 - 5:00 P.M. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (4:27 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (6:05 p.m.). INVOCATION: Reverend Adam D. McCoy, St. Michael's Episcopal Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. The following were recognitions authorized by the City Council this date to be mailed or presented at another time: AIDS Walk Orange County Day, June 13, 1993. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,247,735.61 for the period ending May 28, 1993 and $3,450,561.49 for the period ending June 7, 1993, in accordance with the 1992-93 Budget, were approved. Council Member Simpson moved to recess the City Council meeting until after the Redevelopment Agency, Housing Authority and Public Improvement Corporation meetings. Council Member Pickler seconded the motion. MOTION CARRIED. (6:09 p.m.) Mayor Daly reconvened the City Council meeting. (6:14 p.m.) ITEMS OF PUBLIC INTEREST: Sharon Ericson. After attending the Planning Commission hearing on the Disneyland project she suggested it might be helpful to designate the first 10 to 15 rows of seating at the City Council public hearing for Anaheim residents only. She further suggested that public input be alternated between statements from those who are in favor and those who are opposed. Deborah Adams, 2449 W. Ball Road $6, Anaheim. She submitted a floor plan of Anaheim Stadium and pointed out that there are three areas designated for handicapped persons; behind each is a "concourse" where smoking is permitted. Inasmuch as these passage ways are enclosed by walls and a ceiling, the smoke has nowhere to go except into the handicapped seating areas. She felt this was inadvertently overlooked, and she requested that consideration be given to amending the no smoking policy at the Stadium to include these "concourses". Council Member Pickler requested that the City Manager investigate Mrs. Adam's concerns. 367' City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5=00 P.M. Carey Wiggins. He had a question concerning specific placement of the POW/MIA Flag, approved by the City Council at a previous meeting; he was advised to contact the City Manager's Office. Max Engel, 1181 N. Catalpa Street, Anaheim. Questioned the approval of liquor licenses by the City; the conditional use permit process was briefly explained by the City Attorney. Mr. Engel pointed out no member of the City Council had attended the Memorial Day Services held at Anaheim Cemetery. In addition, he expressed support of the suggestions made by Mrs. Ericson. Molly Chiqua, 935 N. Magnolia Avenue, Anaheim. She wanted to make Council members aware that residents in her neighborhood are working together in an attempt to keep out the crime element. In their area they have 52 businesses which sell liquor, 7 schools and 10 churches. Currently there are three applications pending for bar establishments, and her group is going through the legal petition process in that regard. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A6, Al3 and Al6 (see discussion under those items). 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 8, 1993. Council Member Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Membgr. and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 93R-93 through 93R-97, both inclusive, for adoption. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held March 24, 1993. 105: Receiving and filing minutes of the Public Utilities Board meeting held April 15, 1993. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held April 28, 1993. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of March, 1993. 368' City Hall, Anaheim, california - COUNCIL MINUTES - ~ 8, 1993 - 5:00 P.M. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held March 24, 1993. 173: Receiving and filing Application No. 93-05-013 (Southern California Edison Company) before the Public Utilities Commission of the State of California for (i) authority to decrease its authorized rate of return on common equity; (ii) adjust its authorized capital structure; (iii) adjust cost factors for imbedded debt and preferred stock; and (iv) related substantive and procedural relief. 173= Receiving and filing correspondence from Southern California Water Company receiving approval from the California Public Utilities Commission for Advice Letter 917-W covering tariff sheets applicable to tariff areas. A2. 167= Approving a Notice of Completion of the installation of new traffic signals at three locations by D & V Electric, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A3. 176: RESOLUTION NO. 93R-93: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (93-4A). (Extending westerly from Allec Street to the Southern Pacific Railroad Right-of-Way - suggested public hearing date: July 13, 1993.) and, 106: Recommendation to Amend the FY 92/93 budget by increasing revenues in the amount of $6,575.00 in Account No. 101-5152 for value of the easement. A4. 107: Approving a Notice of Completion for the Douglass Road Frontage Demolition by Charlie Ray Gann Demolition, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 156: Designating Dream Street as the location for the Anaheim Hills Police Satellite Substation, and authorizing Holmes & Narver to proceed with Phase 2 through Phase 6 architectural services for the facility. (Continued from the meetings of 4/20/93, Item A9, 5/4/93, Item A14, and 5/18/93 Item AS.) This item was removed from the Consent Calendar by the City Manager. A6. 168: RESOLUTION NO. 93R-94: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE NAMING AND RENAMING OF CERTAIN PUBLIC STREETS TO PHOENIX CLUB DRIVE. (Continued from the meetings of April 27, 1993 and May 11, 1993.) Dennis Hardin, 1381 S. Auto Center Drive. Proposed approval of the naming of a new public street, and ~enaming of certain public streets, to Phoenix Club Drive. As of June 3, 1993, a tentative solution satisfactory to most of the concerned parties have been reached, the only remaining issue to be resolved being the specific location of monument signs. Mr. Hardin requested that this item be continued one more week to allow time to resolve that issue. In response to Council questioning, Mr. Hardin reported that those involved are working with the Public Works Department staff on this issue. Me indicated that the agreement presented to him today is not the same as that to which he had agreed on June 3rd, and he felt that to take action today would violate the spirit of the agreement to which he. was a party. Paul Gunneman, representing the Phoenix Club. He was under the impression that the matter had been looked at. The Club is looking forward to a good 369 City Hall, Anaheia, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. relationship with the automobile dealers, and he urged that action be taken at this meeting. The City Manager indicated that staff would be working with those involved on the monument signs. William Ehrle. Representing the owner of the Golf Center across the street from the automobile center. The Golf Center is scheduled to open in the near future, and they support action being taken today in order to prepare advertising and other materials. Gary White, 1321 Auto Center Drive. Mr. White spoke in support of the requested one week continuation of this item. Mayor Daly advised that he would prefer to continue any action on the street naming until all issues have been fully resolved. He wants to honor the City's commitment to the Phoenix Club, while at the same time the Auto Center involves a sizeable amount of public funding. Council Members Hunter and Feldhaus indicated that the monument sign issue could be worked out with staff to a satisfactory conclusion. Greg Trombley, Public Works - Engineering Administrative Services Coordinator. He reported that all issues have been resolved with the exception of the monument sign placement. The need is to identify the actual space for placement of the monument sign, the appearance of the sign, and the cost involved. Further discussion was held regarding the issue of one or two monument signs, and Mr. Trombley pointed out that the property on the north side of Ball Road is owned by the Orange County Flood Control District. He noted that the screen sign on Ball Road was to be illuminated, with "Auto Center" and an arrow. At the conclusion of discussion, this Resolution was offered for approval as proposed along with the remainder of the Consent Calendar items. Council Member Daly voted no on this item. A7. 160: Accepting the low bid of Alcoa Fujikura Limited, in an amount not to exceed $636,858 including services (plus applicable tax) for 314,265 feet of fiber optics cable, in accordance with Bid No. 5146. AS. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Reimers, Inc., in the amount of $48,500 (plus freight and applicable taxes) for one (1) underground wire puller. A9. 123: Authorizing a First Amendment to an Agreement with S & K Services to provide vending machines and services to the City. AIO. 128~ Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1993. All. 137: RESOLUTION NO. 93R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS RELATING TO THE REFUNDING OF CERTAIN PRIOR OBLIGATIONS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, APPROVING THE FORM AND AUTHORIZING EXECUTION 370 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8r 1993 - S=O0 P.M. OF A CERTIFICATE PURCHASE AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (1993 Police Facilities Refinancing Project - Certificates of Participation - approximately $25.8 million.) Al2. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 19, 1993, and ratified by the City Council on January 26, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and take no action to terminate the local emergency at this time. Al3. 175: RESOLUTION NO. 93R-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING FORMATION OF A JOINT POWERS AUTHORITY AND EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT. (To assist in the organization of a joint powers authority known as the Financing Authority of Resource Efficiency of California (FARECal) for the purposes of financing resource efficiency programs and facilities.) Authorizing and directing the Public Utilities General Manager or the Public Utilities Financial Services Manager to do any and all things necessary and to take all actions, including execution and delivery of the Joint Powers Agreement creating the Authority, including such additions and changes as shall have been approved by the Manager, and any other related documents, on behalf of the City, relating to formation of FARECal. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked whether this Agency would have any taxing power, and staff answered in the negative. Al4. 123: Approving a 40 Megawatt Power Sale Agreement with Deseret Generation and Transmission Co-operative; 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 13, 1993. Al5. 123: On the recommendation to the City Attorney the assignment of interest in a Reimbursement Agreement with Woodcrest Development, Inc., to Woodcrest Inc., for costs associated with the design and construction of a Terminal Storage Facility (Weir Canyon Reservoir) was continued to June 15, 1993. Al6. 175: Approving the transfer of ownership of the Allen McColloch Pipeline to the Metropolitan Water District of Southern California, 'and authorizing Municipal Water District of Orange County to negotiate on behalf of the City of Anaheim for the term of the transfer, as recommended by the Public Utilities Board at their meeting of May 13, 1993. Mr. Jeff Kirsch commented that possibly funds from the sale of the pipeline company could be diverted to Utility rate relief. Al7. 123: Approving the assignment of interest in a Reimbursement Agreement dated April 4, 1989 with Baldwin Building Contractors to Phillip R. Sledge & Company for costs associated with the design and construction of Special Facilities (Summit Reservoir). Al8. 123: RESOLUTION NO. 93R-97: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS, AND AUTHORIZING THE UTILITIES GENERAL MANAGER TO EXECUTE AND DELIVER CERTAIN AGREEMENTS RELATED TO SERVICES ASSOCIATED WITH THE ACQUISITION OF NATURAL GAS BY THE CITY OF ANAHEIM ON ITS OWN BEHALF AND ON BEHALF OF THE GAS PROCUREMENT COOPERATIVE. 371' City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. A19. 130: Receiving and filing the proposed informal negotiation process and timetable plan to renew the MultiVision Cable Television franchise which expires on January 5, 1995. (Under the recently enacted federal Cable Act, the renewal window period begins three years prior to expiration of the franchise.) A20. 123: Approving an Agreement with the City of Westminster for an eight-week lease of Anaheim's mobile recreation van for a summer recreation outreach program; and Amending the proposed 1993/94 Budget by increasing revenues in account #101-213-4277-2619 and expenditures in account 101-213- 4271-7413 by $1,000. A21. 106: Adopting a seven-year Capital Improvement Program as part of eligibility requirements for Measure M funding. A22. 123: Authorizing a First Amendment to Agreement with Edwin Webber, Inc., extending the term of the agreement for three months to September 30, 1993 for weed-abatement services. A23. 114: Approving minutes of the City Council meetings held April 20 and April 27, 1993. 114: Approving minutes of the adjourned regular City Council meeting of April 13, 1993, held April 20, 1993. A24. 123: Approving an Extension Agreement with Disney Sports Enterprises, Inc.(The Team), Ogden Facility Management Corporation of Anaheim, and the City of Anaheim extending period during which such parties are to use their best efforts to negotiate and execute a lease of the Anaheim Arena to the Team from June 1, 1993 to July 15, 1993. Roll Call Vote on Resolution Nos. 93R-93, and 93R-95 throuqh 93R-97, both inclusive, for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-93, and 93R-95 through 93R-97, both inclusive, duly passed and adopted. Roll Call Vote on Resolution No. 93R-94 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson Daly None The Mayor declared Resolution No. 93R-94 duly passed and adopted. Item A5 was removed from the Consent Calendar. ~ OF CONSENT C~J~DAR. MOTIONS CA~RIED. A25. 105: SENIOR CITIZEN COMMISSION - RESIGNATION: Accepting the resignation of Warren Hawley, Chairman of the Senior Citizens Convnission (term expiring June 30, 1993) and directing the City Clerk to post a notice of unscheduled vacancy. 372' City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5~00 P.M. MOTION= On motion by Council Member Daly, seconded by Council Member Feldhaus the resignation of Warren Hawley, Chairman of the Senior Citizens Commission, effective June 11, 1993 was accepted with regret, and the City Clerk was directed to post a notice of unscheduled vacancy, and a letter of appreciation for Mr. Hawley's service on the Commission was authorized. MOTION CARRIED. A26. 000: 5:00 P.M. PUBLIC MEETING - TRANSPORTATION IMPACT AND IMPROVEMENT FEES FOR NEW DEVELOPMENT: To consider an ordinance authorizing collection of a Citywide Transportation Impact and Improvement fee from new development as mandated by Measure M; and a resolution selecting a 25% reduction in actual costs of new development transportation impacts as the schedule of fees for the Citywide Transportation Impact and Improvement Program. Council Members indicated their concerns regarding this required Measure M Traffic Mitigation fee. In particular they wanted assurance that Anaheim would remain competitive for development with other Orange County cities with regard to whatever fee is established. John Lower advised that the staff recommendation continues to be a 25% reduction of actual cost. The City Attorney advised that the last day to adopt the ordinance would be June 29, 1993, necessitating introduction thereof by June 22, 1993. At the conclusion of the discussion, Council Member Pickler moved that consideration of the proposed ordinance be continued two weeks (June 22, 1993). Council Member Feldhaus seconded the motion. MOTION CARRIED. (Continued from the meeting of May 18, 1993, Item A20.) ORDINANCE NO. INTRODUCTION: Adding Chapter 17.32 to Title 17 of the Anaheim Municipal Code establishing a Transportation Impact and Improvement fee for new development. RESOLUTION NO. Establishing a Transportation Impact and Improvement fee for all developments in the City of Anaheim. A27. 175: 5:00 P.M. PUBLIC MEETING - LANDSCAPE PLAN CHECKS: To consider a resolution adopting an applicant fee for landscape plan checks; and a resolution adopting a schedule of penalties; both in accordance with the Landscape Water Efficiency Ordinance and Guidelines. In response to query by Council Member Daly, Planning Director Joel Fick stated that the Planning Department does not have a landscape plan checker who would be capable of doing this type of work. The existing ordinance is cumbersome, but is mandated upon the City by AB 325. Mariann Long, Energy Efficiency & Business Development Manager. One of the reasons the Public Utilities Department is involved is that they monitor the water usage; the fees would be split between the Planning and Utilities Departments. She pointed out that homeowners would be exempted from the applicant fees. Public Utilities General Manager, Ed Aghjayan pointed out that the fees as proposed are calculated down to a minimal rate. The three summer months approaching would cost the City fees with no revenue unless some action is taken. 373 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. Council Member Pickler offered both proposed resolutions for adoption. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He stated his opinion that the City Council did not need to assess more taxes at this meeting. Council Member Daly moved that the consideration of landscape plan checks be tabled indefinitely, and that staff be directed to prepare a report as to the actual state law requirements in this area, and as to what the current City ordinance requires in excess of California State requirements. Council Member Feldhaus seconded the motion. To this motion, Council Member Pickler voted no. MOTION CARRIED. RESOLUTION NO. . Adopting an applicant fee for landscape plan checks in accordance with the Landscape Water Efficiency Ordinance. RESOLUTION NO. - ..... : Adopting a schedule of penalties in accordance with the Landscape Water Efficiency Ordinance and Guidelines. A28. 171: 5:00 P.M. PUBLIC MEETING - UTILITY USERS' TAX: To consider an ordinance of the City of Anaheim amending Chapter 2.13 of the Anaheim Municipal Code and/or repealing Section 4 of Ordinance No. 5249 of the City of Anaheim, for the purpose of extending and continuing in effect the current two percent (2%) utility users' tax (hereinafter the "tax") as specified in said Chapter 2.13 which tax will otherwise expire and be repealed effective at midnight, September 30, 1993. Council Member Daly stated that his position continues to be clear: the tax should sunset this year as originally intended. MOTION: Council Member Daly moved that the City Council state its intent to allow the Utilities Users' Tax to expire on September 30, 1993, 12:00 midnight. Council Member Feldhaus seconded the motion. Council discussion was held and Council Member Simpson expressed support for the tax and for the extension thereof in order to balance the budget. While he is not in favor of more taxes, he feels staff has done a reasonable job of downsizing City operations, and had it not been for raids on City funds by Federal and State Governments, the City might be "out of the woods", without the need for more revenue. He noted that 74% of the General Fund goes to Police and Fire to protect our City. The City Attorne~ noted that the public hearing on this issue is scheduled June 15, 1993, and public input will be in order. Deborah Adams, 2449 W. Ball Road #6. She feels that when a tax is enacted and designated to expire on a given date, it should be allowed to expire as scheduled. Rene Serran0, 1335 S. Petal Place. Expressed opposition to the extension of the tax. Arch Stahovich, 805 Ramblewood Drive. Opposes the continuation of the tax. The people cannot afford more taxes and are leaving the City as a result. Jeff Kirsch, 2661 W. Palais. This tax should be allowed to sunset as planned, and if revenue is needed, the City Council should enact an admissions tax which would also help with the expense related to the Disney project. 374' City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. He requested that the City Council give an indication this date as to whether or not they will extend the Utilities Users' Tax. William Ehrle. He suggested a compromise, possibly a reduction of the tax to 1.5% instead of 2%, extending that amount for one more year. Max Engel, 1181 N. Catalpa. Stated that the City Council promises were intended to be believed and to extend the tax beyond the expiration date would be an unfair burden. Sharon Ericson. She is not in favor of taxes but she is opposed to anymore employee layoffs, noting that many employees are working in an understaffed mode now. She requested that the City Council make a responsible decision on the extension of the Utilities tax. The motion previously made by Mayor Daly (seconded by Council Member Feldhaus) to state City Council intent to let the Public Utilities Users' Tax expire on schedule received the following vote: Ayes: Daly, Feldhaus Noes: Simpson, Pickler Abstained: Hunter ORDINANCE NO. 5371 - INTRODUCTION: Amending Chapter 2.13 Of Title 2 of the Anaheim Municipal Code, and repealing Section 4 of Ordinance No. 5249, Relating to the Utility Users' Tax. Council Member Pickler offered Ordinance No. 5371 for first reading. ORDINANCE NO. 5371 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 2.13 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE, AND REPEALING SECTION 4 OF ORDINANCE NO. 5249, RELATING TO THE UTILITY USERS' TAX. D1. 175: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3621 AND NEGATIVE DECLARATION: OWNER: First Interstate Mortgage, a California Corporation, Attn: Beth Fischer, VP, 633 W. 5th Street, Los Angeles, CA. 90071 AGENT: Computer Learning Center, Inc., Attn: Mary Langdon, Director, 1240 S. State College Blvd., Anaheim, CA. 92668 LOCATION: 222 S. Harbor Boulevard. Property is approximately 0.83 acres located at the northeast corner of Broadway and Harbor Boulevard. To permit & computer training center with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP ~RANTED (PC93-49) (7 yes votes). Approved Negative Declaration. Review of the Planning Commission's decision requested by Council Members Hunter and Daly at the meeting of May 11, 1993, item B5. Mayor Daly stated that in setting this for public hearing he had two questions (1) is the use consistent with downtown Redevelopment Project Alpha goals? and, (2) is there any Redevelopment money involved in this? Robert Zur Schmiede replied that the Computer Learning Center is consistent with the Redevelopment Plan for Alpha. The parking requirements were reviewed by the City's Traffic Department and Community Development concurs with their findings, to accept the parking demand study submitted by the applicant. There was some concern about the possible increase in classes of this 375 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. operation a year from now, which potentially could create parking problems. Redevelopment staff has provided a letter to the effect that if a parking problem were to develop, they would in good faith talk about providing additional parking in the downtown project area. In conclusion, from the Agency staff's point of view this use in the downtown area is positive. In response to Mayor Daly, Joel Fick advised that the Planning Commission did unanimously approve this project, and did not condition any length of time in their CUP approval. They did place a limitation on time of operation Monday- Friday 9 - 1:30 and 6:00 p.m. - 10 p.m. on a daily basis. There is also a limit on the number of students - 250 per session. Mayor Daly opened the public hearing. PUBLIC DISCUSSION - IN FAVORs Kevin Leonard, 2400 E. Katella Avenue, reported on the seven-month process to determine if occupancy in the First Interstate Bank Building would work. They were asked to perform a traffic study and this was reviewed extensively by the Traffic Engineer and Planning Department. The determination was that the use is appropriate and the parking adequate in the structure. He noted that it is important to realize this is a training facility and there will not be a lot of communication between the other tenants in the building and the students. There will be an exterior entrance and ability to circulate internally within the Learning Center. Part of the mitigation measures are that the students will park only on the top of the structure. There are 175 spaces rarely used as this is the less desirable part of the structure. This will be enforced by the Learning Center through the use of parking staff and security guard. The students will use the spaces in the lower portions of the building only if the spaces are full on top. Mary Langdon, Director, Computer Learning Center. The Center has been in the City of Anaheim for over 12 years, and has done well. They would like to remain, but their current facility has problems in that it is not A.D.A. (Americans with Disabilities Act) approved, and these requirements are mandatory for schools. They are also involved in developing and becoming competitive in the corporate training arena. Kimbe~l~ Hoaglund, R & B Commercial Management. First Interstate has researched this use, and it will not be a use which would damage other ~enants, or prevent them from leasing space in the future. Deborah Thomas, property manager in Anaheim. She supports this and would much rather have this type of tenant than the ones applying for liquor licenses. P~BLIC DISCUSSION - IN OPPOSITION: Mr. William Ehrle, 707 South Heatherglen Circle, Anaheim 92808. He referred to his letter submitted earlier this date, which contained a request for continuance, since several of the tenants 376' City H&11, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. had contacted him and are concerned about the mixed uses concept. He also noted that some tenants have gotten mixed messages that the proponent intended to withdraw this application. He is present to represent these tenants who have 5-10 year leases and vested interest in this facility. They are concerned about parking, about students being in the lobbies of the building. They question some of the statistics in the staff report, and would like additional time to do another traffic study. Dr. Jack Bichon. He is the owner of the building where the school is presently located. He presented pictures to the City Council. He is concerned about the decision of the Computer Learning Center to go to the First Interstate Building. He doubts the accuracy of the report given in terms of the numbers of students, and how many are actually using his facility. There were no additional speakers in opposition. Kimberley Hoaglund, representing First Interstate Bank Building, stated that she is the property manager, and as such has spoken to all of the tenants regarding this proposed use, and they are comfortable with the concept. She disagreed with Mr. Ehrle's statement that he is representing any of the tenants in her building. In fact, she believes he was present in her building to obtain names of tenants in an attempt to rally the tenants against the Computer Learning Center. Mary Langdon, Director, Computer Learning Center, stated that they need to move because the existing facility does not meet handicapped access requirements, and there are no fireproof vaults for records. As far as students and tenants using common areas of the building, she noted that they have built into their plans lounge areas for students to take breaks. The Center will be a self-contained unit. They are complying with the wishes of the Traffic Engineer concerning starting times for classes, so as to mitigate traffic problems. The Mayor closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, ~econded by Council Member Simpson, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Feldhaus was temporarily absent. Council Member Pickler offered. Resolution No. 93R-98 for adoption. Refer to Resolution Book. RESOLUTION NO. 93R-98: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3621 Roll Call Vote on Resolution No. 93R-98 for adoption: AYES: COUNCIL MEMBERS: Pickler, Simpson, Feldhaus, Daly 377 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 8, 1993 - 5:00 P.M. NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-98 duly passed and adopted. ITEMS BI - B6 FROM THE PLANNING CO~ISSION MEETING OF MAY 17, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 8r 1993 B1. 179: CONDITIONAL USE PERMIT NO. 2744 AND CATEGORICAL EXEMPT-CLASS 3 OWNER: Temple Beth Emet, Attn: Shirley Glowalla, 1770 W. Cerritos Ave., Anaheim, CA. 92804 LOCATION: 1770 W. Cerritos Avenue. Property is approximately 4.8 acres located on the south side of Cerritos Avenue and approximately 525 feet east of the centerline of Fashion Way. Request for modification or deletion of a condition of approval pertaining to time limitation to retain a residential trailer in conjunction with an existing religious facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 2744 APPROVED for five years (to expire 1/6/98) (PC93-51) (7 yes votes). B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3535 AND NEGATIVE DECLARATION: OWNER: Roy Parsons, et al, 1958 Port Carney Place, Newport Beach, CA. 92660 AGENT: Bruce Parsons, 1625 Arcata Drive, Redlands, CA. 92374 LOCATION: 1287 "A" and "C" North Jefferson Street. Property is approximately 0.79 acres located at the southwest corner of Miraloma Avenue and Jefferson Street. To permit a 2,227-square foot expansion to an existing automotive repair facility with waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3535 APPROVED (PC93-52) (7 yes votes). Waiver of Code Requirement APPROVED. Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3498 AND NEGATIVE DECLARATION: OWNER: Walter T. and Helen W. Courtney, 504 N. State College Blvd., Anaheim, CA. 92804 AGENT: Salvador Mendoza, 2421E. Ball Road, #B-55, Anaheim CA. 92806; Anaheim Colors, Attn: Salvador Mendoza, 500 S. Anaheim Boulevard, Anaheim, C~. ~ LOCATION: 500 South Anaheim Boulevard. Property is approximately 1.1 acres located at the southeast corner of Anaheim Boulevard and Santa Aha Street. Request for modification or deletion of a condition of approval pertaining to the limitation of time for a previously approved automobile repair facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP No. 3498 APPROVED (to expire 12/31/94) (PC93-53) (7 yes votes). Approved Negative Declaration. B4. 179: RECLASSIFICATION NO. 92-93-07, CONDITIONAL USE PERMIT NO. 3602 AND NEGATIVE DECLARATION: OWNER: Benny Quach and Connie Quach, 12561 Lucille Avenue, Garden Grove, CA. 92641 AGENT: Sonny Phan, 8189 Joshua Circle, Buena Park, CA. 90620 378' City Hall, Anaheim, California - COUNCIL MINUTES - JITNE 8, 1993 - 5:00 P.M. LOCATION: 1007 West Lincoln Avenue. Property is approximately 0.14 acres located on the north side of Lincoln Avenue and approximately 258 feet east of the centerline of West Street. To reclassify subject property from the CG (Commercial, General) to the CL (Commercial, Limited) Zone. To permit an automotive repair facility. ACTION TAKEN BY THE PL~NNING COMMISSION: RECLASSIFICATION No. 92-93-07 GRANTED (PC93-54), CUP No. 3602 DENIED (PC93-55) (7 yes votes). Approved Negative Declaration. A review of the Planning Commission's decision was requested by Council Members Pickler and Feldhaus, and therefore, a public hearing will be scheduled at a later date. REPORTS AND RECOMMENDATION ITEMS: B5. 179: CONDITIONAL USE PERMIT NO. 3400 - REVIEW OF LANDSCAPE PLANS: Requested by: John Schroeder. LOCATION: 1440 S. Anaheim Boulevard. Review of landscape plans in conjunction with Conditional Use Permit No. 3400. To permit an indoor swap meet. ACTION TAKEN BY THE PLANNING COMMISSION: Submit new landscape plans within 45 days for review by staff. B6. 179: SUBSTANTIAL CONFORMANCE TO CLARIFY AUTOMOTIVE SERVICE ACTIVITIES AUTHORIZED UNDER CONDITIONAL USE PERMIT NO. 2580: Request by: James Shoemaker. LOCATION: 1251 S. Knott Avenue. Request for substantial conformance to clarify automotive service activities authorized under Conditional Use Permit No. 2580. To F~rmit an automotive lubricating service center. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED automotive service activities (authorized under Conditional Use Permit No. 2580) to be in substantial conformancel ITEMS B7 - B8 FROM THE PLANNING COMMISSION MEETING OF JUNE 2t 1993 INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 12, 1993 B7. 170: TENTATIVE TRACT MAP NO'S 13513, 13515, 13516, 13517, 13518, 13533, 13534 AND 13987 - REQUEST FOR EXTENSION OF TIME: REQUESTED BY: Kelly Renezeder, Baldwin Co. 16811 Hale Avenue, Irvine, CA 92714 LOCATION: ~he Summit of Anaheim Hills Specific Plan (SP88-2) Petitioner requests an extension of time for the above listed tracts. ACTION TAKEN BY THE'PLANNING COMMISSION: Extension of time for Tentative Tracts APPROVED to expire 6/19/94. BB. 179: CONDITION~tL USE PERMIT NO. 3300 AND TENTATIVE TP~CT NO. 14514 REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Ahmad Jilanchi LOCATION: 719-729 North East Street Petitioner requests a one-year retroactive extension of time (to expire on May 20, 1994) to comply with conditions of approval for Conditional Use Permit No. 14514 (to permit a 10-unit condominium complex). ACTION TAKEN BY THE PLANNING COMMISSION: Extension of time for Tentative Tract No. 14514 APPROVED, to expire 5/20/94. 379' City Hall, Anaheim, california - COUNCIL MINUTES - JUNE 8, 1993 - 5500 P.M. END OF THE PLANNING COMMISSION ITEMS. B9. 179: ORDINANCE NO 5372 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 92-93-06 located at 2625 West Lincoln Avenue from the CG zone to the CL zone. Council Member Simpson offered Ordinance No. 5372 for first reading. ORDINANCE NO. 53725 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 92-93-06 LOCATED AT 2625 WEST LINCOLN AVENUE FROM THE CG ZONE TO THE CL ZONE. Cl. 167: REQUEST FOR 4-WAY STOP SIGN INSTALLATION, WINSTON ROAD AT IRIS STREET: Submitted was the staff report dated May 27, 1993 from the Public Works- Engineering Department recommending against the installation of stop signs at this location. Mayor Daly noted that the staff report cited and used nationally recognized standards for placement of stop signs and adds the Traffic Engineer's concern about placing additional signs at this residential corner. He asked if Council Members had any questions of Mr. Lower concerning his report and recommendation. Council Member Feldhaus stated that he personally went to the location to review the traffic situation and observed that the street was recently given a new coat of blacktop, which erased the painted crosswalks from the street. Me feels that may be one of the major problems in this situation and that the crosswalks should be re-marked in both directions from Paul Revere School. He made this observation on May 22nd and to his knowledge the crosswalks are still not re-installed. Mr. Rene Serrano stated that he still believes the stop signs are very necessary. The reason behind his request is accidents observed in June, and there is a constant threat of accidents. Children dodge cars to go to school and people travel through the area at high rates of speed. He believes two additional stop signs will make this area safer. At the conclusion of discussion, the City Council members indicated they wished the crosswalks repainted as quickly as possible. MOTION: On motion by Council Member Hunter, seconded by Mayor Daly, the Council denied the request to add two additional stop signs on Winston Road at Iris Street based on the staff report and exhibits submitted by Public Works- Engineering. MOTION CARRIED. COUNCIL COMMENTS~ 114: COMPLIMENTED POLICE DEPARTMENT ON RECENT "STING" ACTIVITY CONCERNING GRAFFITI TAGGERS: Council Member Feldhaus thanked the Police Department for the fine work completed in the "sting" operation which resulted in arrests of graffiti taggers. 380' City Hallt Anaheimt Cali[ornia - COUNCIL MINUTES - JUNE 8~ 1993 - 5:00 P.M. 101: RELOCATION OF PERMITTED SMOKING AREAS ~ ANAHEIM STADIUM: Council Members requested that the City Manager look into the relocation of permitted smoking areas at the Stadium as suggested by Deborah Adams earlier in the meeting. D2. 155/134: THE DISNEYLAND RESORT: ENVIRONMENTAL IMPACT REPORT NO. 311; GENERAL PLAN AMENDMENT NO. 331; THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDSt A DESIGN PLAN AND GUIDELINES AND A PUBLIC FACILITIES PLAN); AND ANAHEIM COMMERCIAL RECREATION AREA MAXIMUM PERMITTED STRUCTURAL HEIGHT ORDINANCE. ADJOURNMENT: By General Consent, the City Council adjourned to 1:30 p.m. on June 9, 1993 at the Inn at the Park Hotel, 1855 South Harbor Boulevard to consider the above-referenced Item D2. LEONORA N. SOHL, CITY CLERK