1993/06/15City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 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
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson
PLANNING DIRECTOR: Joel Fick
DIRECTOR OF MAINTENANCE: John Roche
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
STADIUM GENERAL MANAGER: Greg Smith
POLICE CHIEF: Joseph Molloy
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi
FINANCE DIRECTOR: George Ferrone
CITY TREASURER: Charlene Jung
HUMAN RESOURCES DIRECTOR: Dave Morgan
FINANCE/ADMINISTRATION MANAGER: Bill Sweeney
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 12:16 p.m. on June 11, 1993 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Daly called the special meeting of June 15, 1993 to order at 2:06 p.m.
106: PUBLIC HEARING - BUDGET: To consider the proposed 1993/94 Budget Plan.
The Budget was continued from the meeting of June 8, 1993 to this date (see
minutes of June 8, 1993.)
City Manager, James Ruth. This is a continued public hearing to review and
adopt the 1993-94 Budget pursuant to the City Charter. This hearing may be
continued to subsequent dates prior to July 1, 1993 and still meet Charter
requirements. Before proceeding, he read a copy of memorandum prepared today
after 12:45 relative to the State Budget which gave the latest information as
to possible impacts on California cities. After doing so, he stated that
staff had high hopes that under one of the scenarios, the City's property tax
transfer would only be about 1.3 million dollars instead of 2.9 million which
is now being proposed in Sacramento. That situation could change. They are
prepared to move forward with the presentations today and the budget submitted
to the Council has the full 2.9 million dollars reduced from the State. If
the State comes back and takes less, staff would come back at a later date
with an adjusted budget for Council consideration.
City Manager Ruth then introduced each Department's budget presentation giving
its location in the budget document, budget totals, capital improvements where
applicable and adjustments involved in certain department budgets.
The following Department heads then reported on their department's proposed
budget, some explaining their plans and goals for the coming year and
accomplishments in the past fiscal year. Any changes from the plan presented
were also explained at this time as well as in some cases reporting on
proposed cuts in programs and/or services due to budget constraints as a
result of the current recession and the possible impact of State budget cuts.
At the end of many of the presentations, questions were posed by Council
Members regarding specific items which were answered by either the Department
head and/or appropriate staff:
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 2=00 P.M.
Public Works Director/City Engineer, Gary Johnson - Public Works-
Engineering - Page 39 (in the annual budget booklet).
After concluding his presentation, Mr. Johnson reported that the largest
Capital Improvement Project, the Anaheim Arena, has received a temporary
Certificate of Occupancy transferring ownership to Ogden Facility Management.
He is very proud of all the City staff members who have worked long and hard
on the construction phase of the project.
Mayor Daly. He requested the following: The cost of the Harbor Boulevard
widening and an opportunity to see the design for that project.
Planning Director, Joel Fick - Planning, Zoning, Building, Code
Enforcement - Pages 55-57.
Maintenance Director, John Roche - Fleet Maintenance, Facility
Maintenance, Streets and Sanitation - Pages 51-53.
Before concluding the presentation, City Manager Ruth noted this is Mr.
Roche's last budget presentation since he will be retiring from the City after
over 30 years of dedicated service.
Executive Director of Community Development, Lisa Stipkovich -
Redevelopment and Housing (including Neighborhood Preservation,
Community Development Block Grant, Housing Development, Economic
Development and JTPA) - Pages 35-37.
During her presentation, Mrs. Stipkovich emphasized that if the State Budget
further impacts the City's Redevelopment funds, it will be necessary to come
back and amend her Department's budget.
Later in the meeting, Mayor Daly asked staff to provide the amount of General
Fund monies that go into the Community Development Department.
General Manager, Anaheim Stadium, Greg Smith - Stadium -
Pages 48-49.
Police Chief, Joseph Molloy - Police Department - Pages 29-31.
Chief Molloy, During his presentation, explained that he was given a
discretionary target to meet. He gave a reduced plan to the City Manager's
Office which amounts to approximately 3.2 million dollars. He stated rather
than going through the entire list of cuts, he would brief some of the
highlights and later in the presentation talk about how they are trying to
lessen the impact of the proposed cuts which will greatly impact a budget that
is labor intensive.
At the Conclusion of his presentation, Council Member Hunter stated his
opposition to the proposed 2.3 million dollar cut in the Police Department
budget noting that the Council has over and over again stated its number one
priority was crime, gangs and drugs.
City Attorney White. It would be in order at this time to adjourn the special
meeting and subsequently call to order the regular meeting of June 15, 1993.
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ADJOURNMENT: Council Member Daly moved to adjourn the special meeting of
June 15, 1993, Council Member Simpson seconded the motion. MOTION CARRIED.
(3:37 p.m.)
LEONORA N. $OHL, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 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
ASSISTANT CITY CLERKs Ann M. Sauvageau
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER= Gary Johnson
PLANNING DIRECTOR= Joel Fick
DIRECTOR OF MAINTENANCE: John Roche
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
STADIUM GENERAL MANAGER: Greg Smith
POLICE CHIEF= Joseph Molloy
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi
FINANCE DIRECTOR= George Ferrone
CITY TREASURER: Charlene Jung
HUMAN RESOURCES DIRECTOR: Dave Morgan
FINANCE/ADMINISTRATION MANAGER= Bill Sweeney
COMMUNITY SERVICES SUPERINTENDENT= Steve Swaim
ZONING ADMINISTRATOR= Annika Santalahti
A complete copy of the agenda for the regular meeting of the Anaheim City
Council was posted at 12:16 p.m. on June 11, 1993 at the Civic Center kiosk,
containing all items as shown herein.
Mayor Daly called the regular meeting of June 15, 1993 to order at 3:37 p.m.
City Manager Ruth. This is the continuation of the Departmental Budget
Presentations which were commenced with the Special Meeting of June 15, 1993
held at 2:00 p.m. He then introduced each Department's budget presentation
giving its location in the budget document, budget totals, capital
improvements where applicable and adjustments that were involved in certain
department budgets.
The following Department heads then reported on their department's proposed
budget, some explaining their plans and goals for the coming year and
accomplishments in the past fiscal year. Any changes from the plan presented
were also explained at this time as well as in some cases reporting on
proposed cuts in programs and/or services due to budget constraints as a
result of the current recession and the possible impact of State budget cuts.
At the end of many of the presentations, questions were posed by Council
Members regarding specific items which were answered by either the Department
head and/or appropriate staff:
Director of Parks, Recreation and Community Servlces/Golf,
Chris Jarvl - Parks-Recreation-Community Services - Pages 40-43.
Golf - Pages 46-47.
Mr. Jarvi emphasized that the Department is experiencing significant
changes and is one that is in transition. He explained the significant
issues with which the Department is faced.
At the conclusion of his presentation, Council Member Hunter asked relative to
the Golf issue about privatizing, if they are spending any General Fund or
taxpayer's monies to do studies regarding the matter.
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City Hallr Anaheim, California - ¢O~¢IL MINUTES - JUNE 15, 1993 - 5:00 P.M.
City Manager Ruth. Answered yes. They are doing a feasibility study with
Economic Research Associates (ERA) for a maximum of $15,000 to look at all the
options for the Council to consider. It will be completed within a couple of
weeks and brought to the City Council for their review to assist in their
decision making.
Council Member Hunter. He would like to see the matter on the Agenda as soon
as possible so that the Council can take a policy vote. Next year, $1,030,000
is coming back to the City from the Golf Course Operation. He reiterated, he
wants to see the matter on the Agenda so they do not spend more time on the
issue.
Mayor Daly. He believes that while the golf courses are profitable, they
could be more profitable and he is also looking forward to an early decision
on the issue.
Council Member Hunter. What concerns him, he did not tell the City Manager to
do anything and he does not believe there was a Council majority directing the
City Manager to go out and spend $15,000 on a study.
Mayor Daly. There was no direction given. He believes the City Manager took
it upon himself to do so.
City Manager Ruth. The conflict staff had, some members of the Council wanted
to go out at least on a Request for Proposal (RFP) to solicit private input
and receive proposals on contracting the Golf Courses out. Other members had
no desire to do that. Staff was in a dilemma and wanted to look at all the
options. If they are going to make that decision to go out, they wanted to be
sure Council had all the information available to them. ERA has had a lot of
experience in Golf Course Management and studies. They felt it was important
that the Council had all the information necessary available to them.
Mayor Daly. He clarified that he has not given the City Manager direction to
do a study. In fact, he is saying he disagrees with the idea of doing a
study. He has said to the City Manager, in his opinion, they can make more
money off of the golf courses at less cost to their overhead. The Golf
Operation as good as it is can be improved. He does not feel there is any
question where he stands and he did discuss the issue at Council a few weeks
ago.
Council Member Pickler. He would like to see a study and what the City
Manager is doing is something the Council needs. He wants all the facts and
figures necessary to make a decision. He believes the majority said, lets do
it; Council Member Hunter disagreed.
Council Member Hunter. He wants the issue back because not only in the area
of Parks and Recreation but there are a lot of good City employees who are
very concerned about their jobs right now. It is necessary to take the issue
head on and get it over with - not only this but other issues in Parks and
Recreation. It is the department that is hardest hit and a lot of people are
apprehensive and concerned especially those who w6rk at the golf courses.
City Manager Ruth. To go out first with an RFP is a very extensive job and a
tremendous amount of work is involved. He was undecided about Council
direction so before launching that kind of effort, he decided the best thing
to do was to see if it was practical or feasible to go out to bid. That is a
policy decision the Council has to make. The purpose was to give the Council
a basis to make an informed decision. They have talked to ERA and they are
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under tremendous pressure to complete the study. They indicated they would
have the study in late June which is about another week or so. If the Council
does not want to consider the feasibility aspects and develop their own
policy, they can do that as well.
Council Member Feldhaus. They have an investment in the feasibility study at
this point.
Council Member Simpson. Since money has been spent, the Council should at
least look at the results of the study. The issue is, he has seen a number of
things come through saying this information is provided at the request of (a
particular Council Member) the Council should work as a majority. Anything
that creates an expenditure of funds, if there is interest of a majority of
the Council to look at that, they should. If not they should not do it.
Council Member Hunter. He agrees the issue is that no individual Council
Member should have the authority to tell staff to do something that is going
to cost taxpayer's money without the majority being included. There should be
a majority decision especially if it is costing taxpayer's funds. Otherwise,
he feels it is a violation of the Charter.
Finance Director, George Ferrone - Finance Department - Page 68
City Treasurer, Charlene Jung - City Treasurer's Office - Page 66
City Manager Ruth. He announced this concludes Departmental presentations on
the budget.
Mayor Daly. One thing that would be helpful either in a separate document or
contained in the budget summary is the net cost to the General Fund of the
various departments.
Mayor Daly. This is a public hearing on the budget which was opened last
week. He asked again to hear from any member of the public who wished to give
input relative to the 1993-94 Budget.
Mr. Doug Gibson, 931 S. Peregrine. In the four years he has watched the gang
issues, in six years the drug issues, Anaheim has addressed the problems in
those areas. He also noted other programs that had been instituted such as
graffiti removal, project SAY, outreach organizations, Kids-In-Action and also
the D.A.R.E program. He suggested as the Council deliberates on the final
figures they do not step back from the 100% D.A.R.E program at the elementary
school level at present and think about expanding it to the Junior High School
and High School level.
There were no further persons who wished to speak.
City Attorney White. He explained there will be an opportunity for additional
public comments at the 5:00 p.m. portion of the meeting.
RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session
to consider the following items:
a. To confer with its Attorney regarding pending litigation pursuant
to Government Code Section 54956.9(a) to wit:
Barajas vs. City of Anaheim, Orange County Superior Court
Case 69-70-09
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b. To meet with and give directions to its authorized representative
regarding labor relations matters - Government Code Section 54957.6.
c. To consider and take possible action upon personnel matters
pursuant to Government Code Section 54957.
d. To confer with ire attorney regarding potential litigation
pursuant to Government Code Section 54956.9(b)(1).
e. 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.
MOTION: Council Member Simpson moved to recess into Closed Session. Council
Member Daly seconded the motion. MOTION CARRIED. (4:15 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present, and welcomed those in attendance to the Council meeting.
(5:16 p.m.)
INVOCATION: Reverend John P. Lenihan, St. Boniface Church, gave the
invocation.
FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of
Allegiance to the Flag.
119: PROCLAMATION: The following proclamation was issued by Mayor Daly and
authorized by the City Council:
"Hire A Youth Week" in Anaheim, June 21-27, 1993
Mr. Mel Miller and Marge Pritchard accepted the proclamation.
119: The following recognition was authorized by the City Council this date
to be mailed or presented at another time:
"Amateur Radio Week" in Anaheim, June 15, 1993
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,865,837.11 for the
period ending June 11, 1993, in accordance with the 1992-93 Budget, were
approved.
Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Housing Authority meetings. (5:25 p.m.)
Mayor Daly reconvened the City Council meeting. (5:38 p.m.)
ITEMS OF PUBLIC INTEREST:
Richard Anthony, 1205 S. Walnut, Anaheim. He addressed the issue of City
services specifically library services, Fire Department and Police Department
which he believes are being compromised, diminished and cut. The City needs
more police services and not less. It is just beginning to face real serious
choices especially if the Council votes for the Disney expansion which he
feels will make today's problems look like child's play. It is time for a
permanent entertainment/admission's tax and it is needed now.
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Betty Ronconi, 1241 S. Walnut, (Anaheim HOME). She is voicing her impression
of the City Council hearing on the Disneyland Wescor Project. (See minutes of
June 9, 1993.) She feels many of the supporters were uninformed, stating
rumors as fact and had no idea of the positions of those who opposed the
project as now written. After elaborating further, she stated that they are
supportive of the Disneyland project but are opposed to those portions of the
project which, no matter what is claimed, now stand inadequately mitigated
relative to impacts to local areas - excessive noise, air quality, traffic and
financial feasibility for the City. If the project is approved as written, it
will cause serious negative impacts on the homes surrounding Disneyland.
Shirley McCracken, 6553 Calle De Notre, Anaheim. She does not want to see the
Fire Department cut. Also one year ago, the Council supported the Gang and
Drug Task Force report requiring a great deal of funding that would have to go
on over a period of years. On the other hand, places for youngsters to be
educated and entertained, the City's parks and libraries, are the things that
are going to be hurt by any cuts in funding. She is a beneficiary of
Proposition 13 since her property tax is much less than when she bought her
home as well as many others. Out of that tax only about 10 or 12% comes to
the City to provide necessary services. At this point, with the financial
situation as it is and the State of California continuing to take more and
more of the property tax intended for local government, it is only reasonable
that the Council examine carefully the need to continue the Utility Users' Tax
(UUT) not indefinitely but for another year to see what the economic situation
will be. The $36 a year she pays for the Utility tax is worth it if she can
see a police officer in her area, the Fire Department maintained and the
children in the community have a place to play, study and learn. She urged
the Council to seriously consider the need to have some kind of funds to
continue the lifestyle all Anaheim citizens appreciate.
Jeff Kirsch, 2661 W. Palais, Anaheim. He spoke to the City's two main
development projects, one being the Arena referring to a recent newspaper
article giving a profile of the Ogden Corporation (the management company),
not only their expertise in Arena management but also trash to energy-plants.
As reported in the hearings on the Disneyland/Wescot EIR, the Brea land ~ill
is due to close in about 11 years. He urged that the City talk to Ogden
regarding their expertise in trash management as well to head off future
problems relating to trash and the future land fill closure.
Mr. Kirsch then addressed issues that had been broached at the June 9, 1993
public hearing by the Council on the Disneyland/Wescot EIR. Most of the
points he wanted to make concerned financial feasibility of the project in
terms of the City's current and near future finances. In his presentation, he
submitted a 30-page information packet which he hopes the Council had an
opportunity to review. Two Council Members indicated they saw the project as
being passed without problems. He hopes that means they will use the
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 5=00 P.M.
development agreement to address those problems. (Mayor Daly pointed out that
he was quoted in error.)
Debra Adams, 2449 W. Ball Road, Anaheim. She was present at the Disneyland
hearing. Many of the proponents of the plan are well versed on what the
opponents have to say. She sympathizes with Anaheim HOME members and small
business owners. However, she is also looking at the proposed budget cuts.
She is a member of AIM (Anaheim Involved Managers) who keep coming up with
plans to improve Anaheim but there are no funds. It is important for the City
to ratify the Disney expansion in order to move forward with the programs the
City needs. It is also important to take the one-time monies available and
invest in the City's future. She might also support an admission's tax but to
single out Disney and penalize them is not fair. It should be a tax on all
major attractions. She stands in firm support of the expansion because the
City desperately needs it.
Amin David, 1585 West Broadway, Anaheim. He is speaking on the street vendor
issue. He notes on the agenda the Council has had an opportunity to discuss
the matter in Closed Session. He is asking that the Council let them know
what was discussed if possible. He urged the Council to build from what has
happened. (The recent court ruling allowing street vendors to continue
vending.) He asked that the City Council bring together a committee to work
on a re-drawing of the City's current ordinance that will take care of the
complaints of those who brought the matter forward. The Latino food vendors
have always been ready and willing to work to ameliorate all those concerns in
a constructive and responsible manner. No useful purpose will be served in
appealing the recent ruling to the California Supreme Court. It is necessary
to take a close look at the situation. An alternative will be very clear by
working on the issues. He appealed to Mayor Daly to act as a Mayor for all
citizens. He urged that they now build and construct something that is fair
and reasonable to all the citizens and not just those who have petitioned the
Council causing great expense to the citizens and a few of the Latino vendors.
PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
MOTION: Council Member Pickler moved to waive reading in full of all
ord£nance~ and r~olution~ to b~ acted upon ~or th~ Counell me~tln~ o~
June 15, 1993. Council Member Simpson 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 Member and as listed on the Consent Calendar; Council Member
Pickler offered Resolution Nos. 93R-99 through 93R-103, both inclusive, for
adoption and offered Ordinance Nos. 5373 through 5376 for introduction. Refer
to Resolution Book.
Al. 101: Declaring that completion of the Anaheim Arena has occurred as of
June 15, 1993, and making the following findings:
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a. the facility and the off-site and project-related improvements are
substantially complete in accordance with Exhibit L (and Section
1.07 of the Management Agreement);
b. the facility and off-site and project-related improvements are
safe and ready for commercial operations in the ordinary course of
business, which readiness shall include the issuance of a
temporary or final certificate of occupancy;
c. all defects have been corrected;
d. the punchlist items have been completed or, if not completed,
correction of the punchlist items reasonably can be completed
within the time required by Section 1.04(c) of the Management
Agreement.
Council Member Pickler. With this action, he wants to know if there is any
risk to the City. Is the City freeing the contractors from any of their
normal obligations.
~ity Manager Ruth. He answered no. It is just a substantial completion.
they have not accepted the building as yet. This action is so they can occupy
and use the facility.
City Attorney White. The reason for doing this, the City's contract with
Ogden provides they do not have an obligation to operate the Arena until such
time as the City Council makes the four findings. In order to put them into
possession of the arena and commence the term of the management agreement, it
is necessary to make these findings. His understanding is the Public Works
Director has reviewed the facility and is comfortable with the findings. It
does not waive any warranties that exist. If subsequently there are defects
not now apparent but later discovered, the warranties remain in effect. The
punchlist items are still in effect - Item Al, a. - d. as listed which need to
be completed. He also explained that relative to a time frame, normally they
give a reasonable period of time to cure those. It then becomes a question of
whether or not they have complied with the terms of the contract.
Gary Johnson, Public Works Director and City Engineer. The management
agreement required Ogden, Tokai Bank and the City to have a mandatory walk
through of the building. This took place approximately two weeks ago. Ail
parties determined there were no defects and all requirements have been
:omplied with. Any defects would be something the bank or Ogden would have
found. If so, the building could not be operated. That is what is meant by
defects. The management agreement requires 60 to 90 days to remedy and cure
punchlist items. The project is in excellent shape. The punchlist items are
minor. Th~ construction con~ac~ will allow additional time. Un~il ~hey are
satisfied, they will not bring back a recommendation to accept the contract.
A temporary certificate of occupancy was issued dated yesterday. The fire
marshall, health department and chief building inspector have indicated all
life safety systems are in place and the building can be safely occupied and
operated. It has no bearing on the construction contract.
A2. 150: Awarding the contract to the lowest responsible bidder, Laubach
Electric, in the amount of $104,702.17 for Central City Beautification II, and
in the event said low bidder fails to comply with the terms of the award,
awarding the contract to the second low bidder, as well as waive any
irregularities in the bids of both the low and second low bidders.
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A3. 175: Awarding the contract to the lowest responsible bidder, Vido
Samarzich, Inc., in the amount of $385,924.00 for Construction of Walnut
Street and Crone Avenue 12" Water Main, and in the event the low bidder fails
to comply with the terms of the award, awarding the contract to the second low
bidder, as well as waive any irregularities in the bids of both the low and
second low bidders.
A4. 165: Awarding the contract to the lowest responsible bidder, D.J.
Construction, in the amount of $16,261.50 for Sidewalk Program 1992-93 Gaymont
Street n/o Rome Avenue to Ball Road, and in the event said low bidder fails to
comply with the terms of the award, awarding the contract to the second low
bidder, as well as waive any irregularities in the bids of both the low and
second low bidders.
A5. 169: Awarding the contract to the lowest responsible bidder, Ail
American Asphalt, in the amount of $292,283.63 for Dale Avenue Street
Improvement, Broadway to South City Limit, and in the event said low bidder
fails to comply with the terms of the award, awarding the contract to the
second low bidder, as well as waive any irregularities in the bids of both the
low and second low bidders.
A6. 1142 Receive and file Resolution No. 93-48 from the City of Lake Forest,
California supporting Orange County Summit for Children.
A7. 123: Approving the following Agreements with Ogden Facility Management
Corporation of Anaheim, subject to non-substantive changes as approved by the
City Attorney:
a. License agreement for City-owned property
b. License agreement for City-owned property-KTG property.
c. Sublicense agreement for the Transfer Station Site
d. Sublicense agreement for the Sheriff Site
e. Sublicense agreement for the Main Parking Lot
f. Sublicense agreement for the Maintenance Site
A8. 123: Approving an Agreement with City of Garden Grove, for design,
construction and inspection of improvements to Harbor Boulevard, from
Orangewood Avenue to Chapman Avenue, in an amount of $6,000.00.
A9. 123: Approving an Agreement with the Magnolia City School District, to
provide Park Ranger patrols of school facilities from July 2, 1993 through
June 26, 1994.
Al0. 160: Authorizing the Purchasing Agent to issue a change order to VMCI,
Inc. for modifications to one (1) 40-foot bookmobile trailer, in an additional
amount of $7,860.00 (Dlus tax)
Ail. 160: Waiving Council Policy No. 306, and authorizing the Purchasing
Agent to issue a purchase order to GTE Customer Networks, in the amount of
$52,081.36 (plus applicable taxes), for materials and installation of a
telephone switch addition and tie-cable for Anaheim Stadium.
Al2. 160: Accepting a bid of Cablec Utility Cable Company, in an amount not
to exceed $426,375.00 (plus applicable tax) for 35,100 feet of 1000 KCMIL Tree
Retardant 15KV cable, in accordance with Bid #5150.
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Al3. 160= Accepting the bid of Halprin Supply Company, in an amount not to
exceed $99,000.00 (plus applicable tax), for structural firefighting safety
clothing, in accordance with Bid $5147.
Al4. 160; Accepting the bid of CalTec, in an amount not to exceed $36,500.00
(including tax), for the removal of one (1) underground fuel tank, the
installation of one (1) above-ground fuel tank, and the possible removal of
contaminated soil, in accordance with Bid.
Al5. 123: Approving the terms and conditions and executing an agreement
employing Jones Hall Hill & White as bond counsel regarding the sale of
Certificates of Participation for the purpose of financing certain
improvements to the Anaheim Arena, in an amount not-to-exceed $46,750, plus
out-of-pocket expenses not-to-exceed $10,000.
Approving the terms and conditions and executing an agreement employing
Rauscher Pierce Refsnes, Inc. as financial advisor regarding the sale of
Certificates of Participation for the purpose of financing certain
improvements to the Anaheim Arena, in an amount not-to-exceed $15,000, plus
out-of-pocket expenses not-to-exceed $2,500.
Approving the terms and conditions and executing an agreement employing
Merrill Lynch as Underwriter regarding the sale of Certificates of
Participation for the purpose of financing certain improvements to the Anaheim
Arena, in an amount not-to-exceed $10.00 per $1,000, including all underwriter
expenses.
Council Men, er Pickler. He asked if the amounts being paid will be coming out
of bond financing and also questioned if the three years were eliminated or
added on to the end of the term.
City Manager Ruth. He confirmed that the amounts are being paid out of the
bond financing and that the City's obligation for the first three years is
forgiven. Ogden, if they have to pay additional money out as additional debt
service, will be able to recover those costs from future revenues from the
Arena but the City has no financial obligations.
George Ferrone, Finance Director. He confirmed for Council Member Feldhaus
that there is no financial exposure to the City. The language in the
agreement as noted by Council Member Feldhaus is standard practice. There is
no out-of-pocket expense.
Mayor Daly. The City is obtaining the original financing for the Arena and
are agreeing to obtain additional financing, but the debt on the financing
will be paid back by the Ogden Corporation. That, in concept, is the
arrangement; Mr. Ferrone confirmed that is correct.
City Manager Ruth. The City has no financial exposure for the additional
18.3 million d011ars; Mayor Daly. With the exceDti0n of the already agreed to
ogerating subsidy which has shrunk as a result of the hockey franchise and as
a result of this debt refinancing.
Council Member Hunter. Four years from now relative to the 1.5 million, a lot
of that was anticipated on the events at the Arena, i.e., about 57 events
through the end of the year excluding hockey which is 45 games. He spoke to
Brad Maynes of Ogden who reported that there are 175 events this year between
June and the end of the year booked at the Arena. That is about how many days
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are left this year. They will find there will be no cost to the City because
of the amount of the events booked at the Arena excluding basketball.
Council Member Pickler stated he disagrees; Mayor Daly. As best as he could
understand, the size of the debt is increasing. They are refinancing the debt
just like refinancing a house. It is important to add to any discussion on
the Arena debt that the debt will be paid off by the private sector operators
of the building.
city Manager Ruth. With the additional 18.3 million, the City has the same
kind of protection as with the original financing. The revenue picture is
going to be much brighter as a result of the hockey franchise and all the
other events scheduled. Basically, the City is very well protected and all
the debt service is being paid for by the private sector.
Al6. 156: RESOLUTION NO. 93R-99: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THE FILING OF A PROPOSAL WITH THE STATE OF
CALIFORNIA OFFICE OF CRIMINAL JUSTICE PLANNING FOR FUNDING AN ANTI-DRUG
NEIGHBORHOOD REVITALIZATION PROGRAMs "OPERATION REVITALIZATION".
Al7. 123: Approving an assignment and assumption agreement with Anaheim
Family YMCA and the Orange County Conservation Corps., and
152: Authorizing Steven E. Swaim, Community Services Superintendent,
Gang/Drug Coordination, to incur costs for the Orange County Conservation
Corps., to a maximum of $50,000 in anticipation of eventual reimbursement
pursuant to the Cai-Serve grant agreement with the State of California.
Steve Swaim, Gang and Drug Coordinator. He answered questions posed by
Council Member Feldhaus. The City has a contract with the State that ensures
the City will get the money. They will have to comply with all reports that
need to be turned in. They are advancing the new organization some start-up
dollars. They see no problem with getting the full amount of grant funds from
the State of $93,000; City Manager Ruth. They have a signed contract with the
State.
Al8. 150: Approving a waiver of park user fees for the use of Pearson Park
shelter and softball field by the Somebody Group for "Somebody Day in the
Park," Saturday, June 19, 1993.
Al9. 123: Approving an Agreement with the Anaheim City School District to
provide Park Ranger patrols of school facilities from July 3, 1993 through
June 26, 1994.
A20. 123: Approving an Agreement with the Centralia School District to
provide Park Ranger patrols for Danbrook and Centralia Elementary Schools from
July 2, 1993 through June 26, 1994.
A21. 123: Approving a renewal of the contractual Agreement with E. Del Smith
& Company, Inc., extending Washington, D.C. representation services from July
l, 1993 through June 30, 1994.
A22. 139: RESOLUTION NO. 93R-100: A JOINT RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AND THE ANAHEIM REDEVELOPMENT AGENCY PROTESTING THE STATE
LEGISLATURE'S SCHEME SET FORTH IN SENATE BILLS 617 AND 844 WHICH REDIRECTS
LOCAL REDEVELOPMENT PROPERTY TAX INCREMENT TO FUND CONSTITUTIONALLY MANDATED
OBLIGATIONS OF THE STATE AND DIRECTING THAT CERTAIN ACTIONS BE TAKEN WITH
REGARD THERETO.
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A23. 132: ORDINANCE NO. 5373 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING CHAPTER 10.10 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE AS IT
RELATES TO THE HANDLING AND STORAGE OF SOLID WASTE AND RECYCLABLE MATERIALS.
A24. 163: Authorizing the donation of surplus office furniture to the
Anaheim City School District.
A25. 113: RESOLUTION NO. 93R-101: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO
YEARS OLD (City Treasurer's Office).
A26. 123: Approving an Agreement with Orange County Health Services Agency
for animal control services for the period of July 1, 1993 through June 30,
1994, in an amount estimated by the County of Orange to be $536,939.00 for
fiscal year 1993/94, and authorize the Mayor and City Clerk to execute said
agreement.
108: ORDINANCE NO. 5374 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING TITLE 8, SECTION 8.08, OF THE ANAHEIM MUNICIPAL CODE,
RELATING TO ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS IN ORDER TO
RETURN ANIMAL LICENSING TO THE COUNTY OF ORANGE.
A27. 159: Approving the "Challenging A Parking Citation Administrative
Hearing" program and authorize the City Manager to amend the program as
necessary.
A28. 123: Authorizing the Chief of Police to notify Lyle Parks, Jr. dba Gold
Key Business Center of termination of a lease agreement with the City, for the
police satellite station.
A29. 114: Approving minutes of the City Council meetings held May 4,
(Special Meeting), and the regular meetings held May 4, and May 11, 1993.
A30. 123: To consider 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). (Continued from the meeting of June 8, 1993, Item Al5)
This item was removed from the agenda at the request of the City Attorney.
~.31. 137: Recommending the approval of amendments to certain Resolutions and
3rdinances related to Electric and Water debt structure.
RESOLUTION NO. 93R-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 89R-295 RELATED TO
ELECTRIC REVENUE ANTICIPATION NOTES.
ORDINANCE NO. 5375 - (INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CERTAIN PROVISION OF ORDINANCE NO. 5032 RELATED TO ELECTRIC REVENUE
ANTICIPATION NOTES.
RESOLUTION NO. 93R-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING AND RESTATING RESOLUTION NO. 83R-169 RELATING TO THE ISSUANCE
OF WATER REVENUE ANTICIPATION NOTES PURSUANT TO ORDINANCE NO. 4415.
ORDINANCE NO. 5376 - (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM
PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE AND SECURING OF WATER
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REVENUE ANTICIPATION NOTES AND PROVIDING THE TERMS AND CONDITIONS OF SAID
NOTES.
A32. 123: Approving the assignment of interest in two reimbursement
agreements dated March 17, 1981, with The Baldwin Company, to reimburse them
for costs of Special Facilities (Pumps and Reservoirs).
A33. 123: Approving three Renewal of License Agreements with Southern
California Edison Company (SCE), authorizing the annual payment total of $300
for lines built on SCE right-of-way, and authorizing the Public Utilities
General Manager to execute the agreements.
Roll Call Vote on Resolution Nos. 93R-99 throuqh 93R-103, 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-99 through 93R-103, both inclusive,
duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
A34. 171: PUBLIC HEARING - 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.
ORDINANCE NO. 5371 - ADOPTION: 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. The ordinance was introduced at the
meeting of June 8, 1993.
Mayor Daly. At this time, he invited members of the public who wished to
speak to give their input. The Utility Users' Tax (UUT) is scheduled to
sunset on September 30, 1993. The proposed ordinance would extend the 2% tax
for one year to September, 1994.
The following people spoke against retaining the 2% Utility Users' Tax urging
that it be allowed to sunset on September 30, 1993 each giving their reasons
and/or comments on why it should be repealed and possible ways to make
additional budget cuts:
Mike Valenti (Member of ACT), 511 N. Clementine Street, Anaheim.
Dan VanDorpe, 863 Jasper Circle, Anaheim.
Phil Knypstra, 2520 Gelid, Anaheim.
Amin David, 1585 W. Broadway, Anaheim.
Dr. William Kott, 522 Dryer, Anaheim.
Ben Bay, 2148 W. Grayson, Anaheim.
Jeff Kirsch, 2661 W. Palais, Anaheim.
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The following spoke for retaining the 2% Utility Users' Tax urging that it be
retained at the least for an additional year each giving their reasons why it
ie necessary to retain the tax or expressing their concerns relative to the
negative impacts to City services should it not be retained.
Miriam Kaywood, Anaheim.
Julie Mayer, 1837 W. Orange, Anaheim.
Gina Beitler, citizen of Anaheim and employee representative for the
AMEA.
Ron Bengochea, 1751 S. Nutwood, Anaheim.
Ofelia Murphy, 6577 E. Camino Vista, Anaheim.
Marilyn Hauk, Camino Correr, Anaheim.
Margaret Hunter, 670 W. Broadway, Anaheim.
George McClaren, 323 S. Indiana Street, Anaheim.
(Mr. Alfred Bega also spoke against off site contracting.)
After the extensive public input, Council Members commented on the proposed
ordinance expressing their views either in favor or in opposition.
Council Member Pickler. The Budget Advisory Commission with each Council
Member having appointed two members, although not unanimous, recommended that
the Utility Users' Tax be retained. The Council has received a letter from a
group that was originally in opposition - the Anaheim Chamber of Commerce
asking the City to continue the things they are doing but maintain the 2%
Utility Users' Tax. Mrs. McCracken (Chairman of the Budget Advisory
Commission) who spoke earlier explained it well. They keep trying to maintain
services but the City is losing services. This was evident in the Department
Head presentations on the budget today. It is a quality of life issue. They
have already cut close to 2 million dollars out of the budget including 43
personnel, 10 to 20% of which were top management. He cannot see taking
8 million dollars more out of the budget and see things continue to
deteriorate. The budget figures do come from staff, but staff has worked
closely with the Budget Advisory Commission appointed by the Council.
Campaign promises are made but the welfare of the City is what has to be
uppermost. He has heard more from the business people to eliminate the 2% tax
but those calls have stopped and no one from the community has called him on
~he issue. Those that cannot afford the $36 to $50 a year are exempt from the
~ax. It is necessary to maintain the UUT in order to maintain a way of life
that is enjoyed by the citizens of Anaheim.
Council Member Feldhaus. He feels the budget is out of sync. It already
assumes the UUT is not going to sunset. It increases revenues and
expenditures but expenditures are in excess of revenues which is a bad
business practice. The General Benefit's fund is up 7 million dollars, yet
positions have been cut. He agrees with Council Member Hunter who previously
said that the monies allowed to the Visitor & Convention Bureau should be a
fixed amount and not a percentage. Last week he said that they should use
one-time monies for the 6 million dollar budget shortfall. The State budget
hit to Anaheim is expected to be 2.9 million. That could possibly be reduced
to 1.3 million. He believes that as a City they can find the 6 million
dollars for this budget year. His position has not changed. He is going to
vote to sunset the Utility Users' Tax.
City Manager Ruth. He clarified that it is 6 million dollars for nine months
if sunsetted in September, but for the next year it will be 9 million dollars.
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Council Member Simpson. He was the Council Member who made the original
motion for the tax and the one who also said that it should be sunsetted based
on information available at that time, never realizing the economy would
remain in a downturn along with the State hitting cities very hard and
continuing to do so. The consequences may be even more onerous than first
thought. If he felt that staff had not done things prudently in cutting back
and downsizing the organization, he would not support retaining the tax but he
feels they have done so. Despite the fact that not many people have been laid
off or have walked out the door, the City is down 200 positions. He still
supports the tax. He realizes it is more difficult and onerous for businesses
than residents but his bills reflect he is only paying about $3 a month for
the UUT. He is going to vote to extend the Utility Users' Tax for one more
year.
Council Member Hunter. He liked many of the things said by Shirley McCracken
who is a member of the Budget Advisory Commission. Firefighters passed out
brochures last weekend with regard to the manning issue in order to maintain
the current four firefighter crews. It is an issue that saves lives. He
would like to see a commitment on the Council regarding this issue - does the
Council have a policy regarding manning firestations in the City with four
person crews, a policy which not only saves lives, but also keeps the City's
insurance rates low because of the good rating it receives. If reduced to
three persons, insurance rates are going to go up including industrial
insurance rates. The cost is $300,000 out of a 135 million dollar General
Fund budget.
Another issue is one of crime. Anaheim has the finest Police Department in
America with highly trained professionals and they are police officers who
deserve to be paid what they are being paid; however, in a ranking of the
cities in the County, Anaheim Police Officer's salary ranks 22, not even the
median. They have not had a raise since 1991. With the Stadium, Convention
Center, the Commercial Recreation Area and now the Arena, one can estimate
Anaheim's population on any given day or week. These require additional
police services and those services currently are strained with 1.2 police per
1,000 population which is below any standard in America. It is necessary to
face the issue of when they are going to hire more police officers, an issue
he has brought up for the seven years since he has been on the Council.
The level of services as Mrs. Kaywood and others pointed out is going down
evidenced by the condition of the City's streets and parks. He feels they
need to make commitments that the monies from the Utility Users' Tax are going
to be used to maintain constant manning in the Fire Department and to do
something about the Police Department. He pointed out that 2.3 million
dollars is proposed to be cut from the Police Department budget, cuts which
will result in police officers who are needed in the streets doing menial jobs
to compensate ~or the cuts and services now provided. ~e meets w~h the
Police Department regularly and John Betag, President of the Anaheim Police
Association told him and Council Member Simpson that they were dumb because
they were going to vote for Utility Users' Tax along with Council Member
Pickler and those persons who ran their campaign against the UUT, Mayor Daly
and Council Member Feldhaus, will vote against. As a result, he (Hunter) will
be impotent as to how that money is going to be spent (6 million dollars
through the end of this year and 9 million dollars next year). The Council
majority, Council Members Daly, Feldhaus and Pickler, will have the power to
spend that money as they please. If he votes for the UUT, that does not give
him a commitment on the manning issue in the Fire Department, dropping the
proposed 2.3 million dollar cut in the Police Department budget or hiring more
police officers, or a commitment that they will not lay off more employees.
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There used to be 2,200 employees and they are now down to 1,700. Currently,
contrary to what was stated by Mr. Amin David, the City is a mean lean
machine. Laying off more employees who make $7 and $8 an hour with the people
in Parks and Recreation being hardest hit, is not going to solve the budget
crisis. Until and unless he can get a commitment and policy decision on those
three issues, he is not going to vote to continue the UUT. He will not allow
the Council majority, who will vote against the tax, to spend the tax. The
Council has $15,884,477 in discretionary, one-time monies. His suggestion is
that they not cut services and that they take some of that one-time money and
balance the budget. He cannot believe the Council cannot make policy
decisions as to what they are going to do. He would be willing to take a 25%
cut and give up car allowances and tickets to ball games. He asked himself
the question, if you were in Fred Hunter's position, would you vote for the
tax to allow other Council Members to spend it. His vote is no.
Mayor Daly. He has friends and people he respects on both sides of the issue.
His feeling on the tax has not changed. The more he looks at spending
practices of City Government, the more he is convinced the tax was not
necessary two years ago and it is not necessary today. He did make a
commitment over and over again regarding the tax and he intends to keep it.
~e would not consciously harm the City and its quality of life. It is a cost
f government decision. The general benefits account is larger than the
Police budget. The Police Department has increased quite a bit in the last
ten years. This Council and previous Councils have added police officers,
perhaps not to keep pace with some type of magical ratio. Any in-depth look
at the budget will show there is 6 million dollars to balance the budget. The
citizens and employees of the City need to think long and hard about the
operations of City Government and to look at other Governments and private
businesses for the steps they are taking. He feels it is time to try to
reverse the trend of subsidizing the Convention Center or at least try to
break even. The City has revenues which no other cities have - 34 million
dollars in bed tax and 12 million dollars in the Utilities Transfer. With an
extra 44 million dollars and not being able to balance the budget, something
is wrong. He is convinced the money is there and if he has to find it himself
he will do so. Government loses its credibility by raising taxes when it does
not need to. The UUT would be a tax on top of a tax since there is already a
Utility Transfer. He believes the tax is not necessary - he is against it and
it appears that the City Manager will be asked to balance the budget without
the Utility Users' Tax.
Council Member Pickler offered Ordinance No. 5371 for adoption, 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. Refer to Ordinance
Book.
ORDINANCE NO. 5371: 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.
Before further action was taken, Council Member Pickler, speaking to Council
Member Hunter stated the people he (Hunter) is trying to protect are going to
be hurt more than anyone else. More and more people will go out the front
door.
Council Member Hunter. He reiterated if the Council would make a commitment
relative to the manning issue in the Fire Department, restoring the 2.3
million possible cuts in the Police Department and not cutting anymore
employees, he would support the UUT.
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Council Member Pickler. As far as he is concerned, if there is a way of
restoring the 2+ million in the Police Department although he understood it
was 1.3, he will do so. As far as keeping everybody working, he does not know
if they can do that. Maybe there is a way it can be done for the coming year
and something the City Manager could answer. He wants to find a way to keep
the 2% tax. It is important for the Police Department and the people Council
Member Hunter spoke about. They need to retain the 2% tax and if there is a
way to put the'l.3 back in the Police Department and restore the jobs in the
Fire Department, he will commit himself to doing that.
Mayor Daly. The tax has been in place for two years. Whatever deals Council
Member Pickler is going to cut, he has 90-days to do so. He feels it is time
to vote on the matter.
City Manager Ruth. With respect to Council Member Pickler's question, there
is a game plan. If the Council wanted to restore those services there was
some one-time savings as a result of some budget cuts that came forward in the
last day. That could be applied to reducing those cuts. They could use some
one-time money and anticipated revenue out of the transaction. That would
restore the Police Department to about 1.6 million, actually 1.3. They would
add an additional $300,000 they could use out of Drug Forfeiture funding.
There was another $300,000 in fire reductions. Their purpose with fire
reductions was to look for more flexible scheduling and not reducing the
manning and to look for increased revenues which they are doing through some
efforts to regionalize fire service as well as looking at ambulance service.
The third issue are the remaining City employees. It is estimated that twelve
would be terminated. They believe there are positions for five of those
leaving a balance of seven. If the Council wanted to use one-time money to
absorb those positions until such time as other vacancies were created in the
City, they could be filled accordingly. That would cost about $150,000 for
the coming year if they were to absorb those positions for a limited period of
time.
Council Member Feldhaus. He stated the City Manager told him $220,000 the
other day; City Manager Ruth. The other day they thought it was $200,000 or
$300,000, but feel it can be done for less because of turn over through
retirements.
Council Member Hunter. If the Council would "get off the dime" and direct
staff to hammer out a contract with the police officers, a lot of senior
officers would retire and they could then go out and hire lateral transfers
for a lot less pay and the City could actually save money. In his opinion,
the Council has been "stonewalling" for the last year. He feels there is a
lack of leadership or direction on the Council to hammer out an agreement.
A vote was then taken on the proposed ordinance as offered by Council Member
Pickler and failed to carry by the following vote:
Ayes - (For retention of the 2% Utility Users' Tax through September 30,
1994): Simpson, Pickler
Noes - Feldhaus, Hunter, Daly
The Utility Users' Tax will, therefore, expire effective midnight
September 30, 1993.
RECESS: By General Consent the Council recessed for 10 minutes. (8:02 p.m.)
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AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (8:12 p.m.)
A35. CONTINUED PUBLIC HEARING - 1993/94 BUDGET:
To consider the proposed 1993/94 Budget Plan. This matter was continued from
the meeting of June 8, 1993 to this date. The Budget was also discussed
earlier today at the 2:00 p.m., Special Meeting where the balance of
departmental budgets were presented to the Council and public input received.
The public hearing portion remains open for additional input on the Budget
including the following Budget appropriations limits (Items A-D);
classification and salary changes (Items E-L); and changes in fee schedules
(Items M-W):
Resolutions listed as items A through W on the June 15, 1993 agenda were
ultimately continued to be considered at the meeting of June 22, 1993.
Council Member Pickler. He asked the City Manager if the Budget before the
Council is a balanced budget.
gity Manager Ruth. He answered no. It is approximately 6 million dollars out
f balance. If the Council chose tonight to adopt the budget and direct the
ity Manager to come back with 6 million dollars in cuts or additional
revenue, they can do that. He would then come back next week with a plan
based on the Council's direction to him.
Council Member Feldhaus. He added, including the $150,000 to keep the
employees on; City Manager Ruth. Whatever the direction of the majority of
the Council is.
Mayor Daly. This is primarily a hearing to take input from the public on the
budget and at the close, the Council will make a decision on whether to adopt
a budget or not this evening. He asked for any additional public comments on
the budget at this time.
Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if the 15 million dollars in
discretionary funds are available for balancing the budget and if the Council
could put that in perspective for the public.
COUNCIL ACTION: Since there were no further persons who wished to speak,
Mayor Daly closed the public hearing on the 1993/94 Budget for the City of
Anaheim.
Mayor Daly. He feels it is premature today to adopt the proposed budget for a
variety of reasons whether or not it is balanced due to the uncertainty of the
State budget. They do not know the exact impact of the State budget where
possibly 3 million dollars in new "hits" may occur. He suggested that the
Council hold off action on the final adoption of the budget.
Council Member Simpson. He would support that. He is not prepared to pass
the budget tonight that has just had 6 million dollars taken out of it and to
give instruction to the City Manager to find that money. Speaking to
Mr. Kirsch, discretionary is not an appropriate term. He does not foresee
taking one-of-a-kind money to balance the rest of the budget. It is borrowing
against savings.
City Manager Ruth. They are looking at an 8.8 million dollar deficit and not
6 million dollars.
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Council Member Simpson. The point needs to be made that 6 million dollars has
been cut by virtue of not extending the Utility Users' Tax. They are already
faced with 2.9 million dollars in additional cuts for a total of 8.9 million.
He would like to take a look at the whole 8.9 million that needs to be
restored by a combination of whatever, certainly some of which will have to be
cuts.
City Manager Ruth. With respect to the one-time money, basically they started
out the year with about 36 million dollars that accumulated as a result of
some one-time funding, money back from State, and one of the refinancings from
the Convention Center. They spent about 5 million dollars this past year on
items the City Council approved bringing it down to 31 million. There were
also additional commitments of that money through Council policy leaving a
balance of 15.8 million where they have some discretion. The City Council
could change their position and policy on the use of that additional funding.
The bottom line is, of that 31 million, there is about 15.8 million they could
reasonably expend with some discretion. 15.8 million in a City of 285,000 and
a 559 million dollar budget is not a whole lot. An example is the landslide
that occurred in Anaheim Hills which cost 4 million dollars although they are
hoping to get reimbursed back from the State. In a City the size of Anaheim,
it is not good business to draw down reserves. It can be done, but there is a
substantial risk involved. It is necessary to be prudent in keeping some kind
of reserve as a protection against catastrophic incidents that could happen.
Answering Council Member Pickler, Mr. Ruth stated that the budget is 6 million
dollars out of balance. They have cut about 2.2 million dollars out of
Police. If the Council wants to restore Police, Fire and AMEA positions, they
are looking at 8.8 million with no wage increases for any bargaining unit in
the City and drawing down reserves precariously low.
Council Member Pickler. He concurs with Council Member Simpson to continue
adoption of the budget until June 22, to give the Council an opportunity to
work with staff and finding out what happens with the cuts and the use of
one-time monies. If there is a motion to continue the budget until June 22,
with the idea that staff come up with the two proposals that have been
discussed, he will go along with that.
MOTION: Council Member Daly moved to continue adoption of the budget to
June 22, 1993. Council Member Pickler seconded the motion. MOTION CARRIED.
Council Member Hunter. Looking at one-time monies, one thing they need to
look at, there is 10 million dollars set aside for the Convention Center East
Structure, the one with the "wave" in it. Anaheim brought a law suit and got
a judgement for about 4 million dollars; City Attorney White confirmed
$4,027,000 plus interest but they have not collected it as yet since it is up
on appeal.
Council Member Hunter. It is his understanding even though the structure has
waves in it, it could either fall down or remain that way for 50 years. There
is 10 million dollars with a potential 5 million dollar judgement. It is his
understanding that it has to come down in any case if they go to Betterment IV
and to some type of bond refinancing. It is 10 million in one-time money the
Council could look at; Dave Morgan, Assistant City Manager. He wanted to
clarify that the 10 million is not in addition to the 15 million. In other
words, it is not 25 million dollars; Council Member Hunter stated he is aware
of that.
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City Ha11~ Anaheim~ California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
Council Member Feldhaus. He feels the Council should get a full report on
that. It is a good suggestion.
City Manager Ruth. There has been a structural analysis of that parking
structure. They do not think the parking structure is going to last too long
and that is why they recommend it is prudent to set aside some money. Some
day it will have to be replaced. The debt service goes on for the existing
improvements. They have to continue paying that debt service and then
building a new structure. They are possible looking at 20 to 25 million
dollars for a new parking structure.
Council Member Hunter. Another issue, the City is embarking on building two
of the world's largest parking structures if the Wescor project goes forward.
He asked if there has been some future planning relative to the 31 or
32 thousand parking spaces that will be created in that event. He believes
there is a parking authority in existence.
Cit Manager Ruth. He confirmed they do have a parking authority and
considerable amount of study has been done looking at a business plan for the
future expansion of the Convention Center and how that relates to the Disney
'~xpansion.
£om Wood, Deputy City Manager. They have been looking at that matter very
recently. One of the concerns is to provide enough on-site parking. Based
upon traffic patterns the professionals tend to indicate it is necessary to
have a number of close in parking spaces based upon the mix of events.
Regardless of the fact that the new structures will provide additional parking
for growth of the Convention Center, it is still necessary to maintain a
certain number of parking spaces in close to the facility to meet the type of
events they have.
Mayor Daly. He noted all the resolutions and ordinances deal with establishing
new rates of compensation, fees and other matters. He asked the Council if
they wish to vote on those this evening or continue them along with the
decision on the budget.
After brief Council discussion on whether or not to vote on the resolutions
and ordinances, it was determined that these would be continued along with the
adoption of the budget to June 22, 1993.
D1. 121: PUBLIC HEARING - ACQUISITION BY CONDEMNATION OF A PORTION OF THOSE
CERTAIN PARCELS OF REAL PROPERTY LOCATED AT 2112 SOUTH STATE COLLEGE BOULEVARD
FOR ROAD AND PUBLIC UTILITY PURPOSES - STATE COLLEGE BOULEVARD/ORANGEWOOD
AVENUE CRITICAL INTERSECTION STREET WIDENING PROJECT (R/W 6000-9-SANGSTER)
LOCATION: 2112 South State College Boulevard
To consider a resolution finding and determining the public interest and
necessity for acquiring and authorizing the condemnation of a portion of those
certain parcels of real property required for road and public utility proposes
located at 2112 South State College Boulevard.
Submitted was report dated June 7, 1993 from the Director of Public Works and
City Engineer recommending adoption of the proposed resolution along with
additional necessary actions.
Mayor Daly opened the public hearing and asked to hear from anyone who wished
to speak to the proposed condemnation.
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
COUNCIL ACTION: No one requested to speak to this subject proposed
condemnation; therefore, Mayor Daly closed the public hearing.
MOTION: On motion by Council Member Pickler, seconded by Council Member
Simpson the City Council finds that the subject project conforms to previously
approved EIR No. 285 approved in July of 1988 along with General Plan
Amendment No. 210. MOTION CARRIED.
Council Member Pickler offered Resolution No. 93R-104 for adoption, finding
and determining the public interest and necessity for acquiring and
authorizing the condemnation of certain real property (R/W 6000-9-Sangster,
Trustee). Refer to Resolution Book.
RESOLUTION NO. 93R-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM Finding and determining the public interest and necessity for
acquiring and authorizing the condemnation of certain real property
(R/W 6000-9-Sangster, Trustee).
Roll Call Vote on Resolution No. 93R-104 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-104 duly passed and adopted.
MOTION: Council Member Pickler moved to authorize the law firm of Oliver,
Barr and Vose, special counsel for the City, to proceed with said condemnation
action. Council Member Simpson seconded the motion. MOTION CARRIED.
MOTION: Council Member Pickler moved to authorize the security deposit (fair
market value) of $68,550.00 to be deposited with the Orange County Clerk of
Superior Court. Council Member Simpson seconded the motion. MOTION CARRIED.
D2. 176: PUBLIC HEARING - ABANDONMENT NO. 93-5A:
In accordance with application filed by the City of Anaheim, Public Works
Engineering Department, a public hearing was held on proposed abandonment of
certain easements for Utility purposes extending generally easterly from
Douglass St., north of Katella Avenue and extending across the site of the
Anaheim Arena pursuant to Resolution No. 93R-84 duly published in the Anaheim
Bulletin and notices thereof posted in accordance with law.
Report of the City Engineer dated May 6, 1992 was submitted recommending
approval of said abandonment.
Mayor Daly asked if anyone wished to address the Council relative to proposed
Abandonment No. 93-5A; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Daly, seconded by Council Member Simpson, the City Council finds that
the proposed activity falls within the definition of Section 3.01 Class 5, of
the City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirements to file
an EIR. MOTION CARRIED.
Council Member Daly offered Resolution No. 93R-105 for adoption, approving
Abandonment No. 93-5A. Refer to Resolution Book.
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
RESOLUTION NO. 93R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING CERTAIN EASEMENTS EXTENDING ACROSS THE ANAHEIM ARENA SITE
(93-5A).
Roll Call Vote on Resolution No. 93R-105 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-105 duly passed and adopted.
D3. 176: PUBLIC HEARING - ABANDONMENT NO. 93-1A:
In accordance with application filed by Hyrail Partners II LP, a public
hearing was held on proposed abandonment of certain easements for utility
purposes, sixty feet in width, extending southwesterly from the terminus of
Adams St. and extending across the Southern Pacific Railroad right-of-way
pursuant to Resolution No. 93R-85 duly published in the Anaheim Bulletin and
notices thereof posted in accordance with law.
Report of the City Engineer dated May 4, 1993 was submitted recommending
~pproval of said abandonment.
Mayor Daly asked if anyone wished to address the Council regarding Abandonment
No. 93-1A; there being no response he closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council
Member Daly, seconded by Council Member Simpson, the City Council finds that
the proposed activity falls within the definition of Section 3.01 Class 5, of
the City of Anaheim guidelines to the requirements for an Environmental Impact
Report and is, therefore, categorically exempt from the requirements to file
an EIR. MOTION CARRIED.
Council Member Daly offered Resolution No. 93R-106 for adoption, approving
Abandonment No. 93-1A. Refer to Resolution Book.
RESOLUTION NO. 93R-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM VACATING CERTAIN EASEMENTS EXTENDING ACROSS ADAMS STREET SOUTH AND
WEST OF MANCHESTER (93-1A).
Roll Call Vote on Resolution No. 93R-106 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Resolution No. 93R-106 duly passed and adopted.
ITEM B1 FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 10, 1993:
DECISION DATEs JUNE 17, 1993, INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 28,
1993.
B1. 170: TENTATIVE PARCEL MAP NO. 86-417 CATEGORICAL EXEMPTION CLASS 15
OWNER: Independent Development Co., Inc. Texas Corporation, 1 Civic
Plaza, Suite 100, Newport Beach, CA. 92660
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City Hall, Anaheim~ California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
AGENT: Joseph C. Truxaw & Associates, Inc. 721 North Euclid, Suite
311, Anaheim, CA. 92801
LOCATION: 1701-1731 West Katella Avenue & 1731-1771 South Euclid
Avenue.
Property is approximately 2.33 acres, located at the northwest corner
of Katella Avenue and Euclid Street, approximate frontage of 350 feet
on the north side of Katella Avenue.
Request approval of a Tentative Parcel Map No. 86-714, to create a
three lot subdivision of an existing commercial property.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map approved. (Decision No. ZA93-37)
END OF ZONING ADMINISTRATOR ITEMS
B2. 179: REQUEST FOR RECONSIDERATION - EXTENSION OF TIME FOR CONDITIONAL USE
PERMIT NO. 3389:
Request by Alan Findlay, V.P. Operations, Rank Leisure USA, Inc.,
5401 Kirkman Road, Suite 200, Orlando, Florida 32819
The property is located at 1859 South Manchester Avenue consisting of
approximately three acres. The petitioner is requesting an extension
of time to comply with conditions of approval to expire on July 16,
1994.
Conditional Use Permit No. 3389 is to permit a 750-seat theme-type
dinner theatre with certain waivers including the request for
installation of three roof mounted statues consisting of a dragon, a
knight and a gargoyle.
The request for the extension of time was denied by the Council at
the meeting of May 25, 1993 (see minutes that date). Subsequently,
the applicant requested a reconsideration of the request and the
matter scheduled this date.
City Attorney White. While the applicant has requested a rehearing, if the
Council wishes to reconsider it, it should not be regarded as a rehearing but
a reconsideration. If the Council wants to consider changing the denial of
the extension which was the action previously taken, it would be in order by
motion to rescind the previous denial. If that motion passes, then the item
would again be in front of the Council to consider the extension of time.
MOTION: Council Member Pickler moved to rescind the previous denial of the
requested extension of time on May 25, 1993. Council Member Simpson seconded
the motion. MOTION CARRIED.
Council Member Feldhaus. Somebody appeared at the meeting of May 25, 1993 on
behalf of King Henry's Feast and the question was asked if they have complied
with any of the conditions and some were mentioned. The Council had denied
the time extension on the basis of a lack of activity.
Council Member Hunter. When the vote was taken, there was not a full Council.
He and Council Member Simpson were absent.
Annika Santalahti, Zoning Administrator. There were a total of 19 conditions
required to be satisfied within one year. Three had been satisfied as of
three or four weeks ago. Representatives of the applicant are present
tonight.
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
Council Member Pickler. Originally when the matter was before the Council, he
voted against the project because of the three roof mounted statues, the
dragon, knight and gargoyle. He would like to ask the applicant if they would
be willing to remove those as part of the condition for reconsideration.
City Attorney White. The decision has already been made to reconsider the
matter. If it is Council's wish to hear from the applicant or his
representative, any member of the Council could ask questions including
whether they would stipulate to certain conditions.
Frank Elfend, Elfend & Associates. Although the gargoyle was a matter of
great discussion, his client has agreed to deleting the three mounted statues
- the gargoyle, dragon and knights; Council Member Pickler. That satisfies
his concern.
Mayor Daly. He opposed the project three years ago and continues to believe
it is not in the best interest of the C-R Area. He will be voting against the
extension consistent with his original vote.
City Attorney White. The motion should include two conditions - the removal
of the three roof mounted statues, the dragon, knight and gargoyle and the
second relates to the new code requirement regarding landscaping which he
believes was the recommendation of the Planning Department at the original
time this was on the agenda.
Joel Fick, Planning Director. There were two planning related conditions -
one relating to additional tree landscaping and the second relating to the
configuration of the parking and driveway layouts in accordance with recent
code standards.
MOTION: Council Member Pickler moved to approve the requested extension of
time on Conditional Use Permit No. 3389 to expire July 16, 1994, subject to
the additional conditions relating to removal of the three roof mounted
statues (dragon, knight and gargoyle), additional landscaping and
reconfiguration of the parking and driveway layouts in accordance with recent
code standards. Council Member Simpson seconded the motion. Council Member
Feldhaus abstained, Council Member Daly voted no. MOTION CARRIED.
B3. 179: ORDINANCE NO. 5372 -ADOPTION: 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. (Introduced at the meeting of June 8, 1993.)
Council Member Simpson offered Ordinance No. 5372 for adoption. Refer to
Ordinance Book.
ORDINANCE NO. 5372: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Roll Call Vote on Ordinance No. 5372 for adoptions
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Feldhaus, Hunter, Pickler, Simpson, Daly
None
None
The Mayor declared Ordinance No. 5372 duly passed and adopted.
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City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 15, 1993 - 5:00 P.M.
B4. 179: ORDINANCE NO. /RECLASSIFICATION NO. 92-93-07: Amending Title
18 to rezone property under the subject reclassification for property located
at 1007 West Lincoln Avenue to the CL zone.
City Clerk Sohl announced that at the meeting of May 25, 1993, the conditional
use permit associated with the above reclassification was set for a public
hearing. Therefore, the reclassification should not be heard tonight. The
Planning Department and City Attorney both recommend that the introduction of
the ordinance be considered on the same day as the public hearing.
After a brief discussion between Council and staff regarding this matter, by
General Consent, the proposed ordinance was continued to July 13, 1993.
ADJOURNMENT: By General Consent the City Council adjourned to Tuesday,
June 22, 1993 to consider Item D2 of June 8, 1993 agenda - the Disneyland
Resort Environmental Impact Report No. 311, General Plan Amendment No. 331,
the Disneyland Resort Specific Plan No. 92-1 and related actions. (9:00 p.m.)
LEONORA N. SOHL, CITY CLERK
423