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1993/08/03City Rallt Anaheim, California - COUNCZL MINIFTES - AUGUST 3t 1993 - 5~00 P.M. The City Council of the City of Anaheim met in adjourned regular session (adjourned regular meeting of July 27, 1993, held August 3, 1993) for a joint meeting with the City Planning Commission. PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler (entered at 2.- 16 p.m. ), Simpson, Daly COUNCIL MEMBERS: Hunter PLANNING COMMISSION: Chairman Robert Henninger, Phyllis Boydstun, Julie Mayer, Bob Messe, A1 Peraza, Tom Tait PLANNING COMMISSION: Mitch Caldwell CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ELECTRICAL ENGINEERING MANAGER: Jafar Taghavi PLANNING DIRECTOR: Joel Fick EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:45 p.m. on July 30, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the adjourned regular meeting of July 27, 1993, (held August 3, 1993) to order at 2:05 p.m., all Council Members being present with the exception of Council Members Hunter and Pickler. (Council Member Pickler entered the Council Chamber at 2:16 p.m.) This is a joint meeting with the City Planning Commission. Chairman Henninger called the City Planning Commission to order, all Commissioners being present with the exception of Commissioner Caldwell. (2:05 p.m.) Mayor Daly first welcomed the Planning Commissioners expressing Council's appreciation for their time once again in meeting with the Council. 179: JOINT MEETING - CITY COUNCIL/PLANNING COMMISSION: a) Utilities Underqroundinq Proqram- Status - Relationship to Land Use approvals: Joel Fick, Planning Director. Jafar Taghavi, Electrical Engineering Manager of the Utilities Department is present to give an update. Jafar TaGhavi. Ms firgt gubmittsd a f0ur-paG~ handout (mad~ a part of th~ record) and subsequently briefed each of the pages - current five-year undergrounding plan, a map showing where the underground conversion program will take place in the next five years, underground revenues and a sheet which was previously submitted to the Council at the joint meeting with the Public Utilities Board on July 20, 1993, funding for underground conversion program. At the conclusion of his presentation, Council Members and Planning Commissioners posed questions which were answered by Mr. Taghavi with additional input by Mr. Fick relative to the close working relationship that is taking place between the Utilities Department and Public Works to make sure undergrounding and Public Work's projects are coordinated. It was noted that the map submitted contained errors in terms of numbering. 551 City Hall, Anaheim, California - COUNCIL MINIFTES - AUGUST 3, 1993 - 5:00 P.M. Mayor Daly asked that a corrected map subsequently be' submitted to the Council. b) Update - Community Development Department - Proposed Residential Neiqhborhood Preservation Proqram: This item was discussed at the joint meeting of April 20, 1993 (see minutes that date). Lisa Stipkovich, Executive Director of Community Development. Mr. Fick is passing out a brief update on the proposed residential neighborhood preservation program. (See report dated August 3, 1993 from Mrs. Stipkovich - Subject: Status Update - Proposed Residential Neighborhood Preservation Program - made a part of the record.) She briefed the report which contained five recommendations which the Planning Commission instructed staff to pursue as possible recommendations to the City Council. One of the recommendations was to form a City task force to coordinate the Residential Neighborhood Preservation Program (RNP) and subsequently form an overview community with a representative from the Planning, Redevelopment, Parks & Recreation and Housing Commission, the Community Services Board and a representative from the City Council. In addition, they have done research on other cities neighborhood preservation programs. She then clarified on questions posed by Council Members that the task force is set up but the overview committee has not yet been established. That will be done in a couple of weeks with a letter going to the Mayor and each of the Commissions (see above) to appoint someone. They also need to decide which neighborhood they are going to select for the pilot program. That is another reason for the overview committee. If they do not see the leadership or interest, they would make a decision again with the assistance of the overview committee whether the whole idea would or would not work or go to another neighborhood. Discussion followed with input from the Council, Planning Commissioners and staff relative to such issues as in what neighborhood the pilot program would be initiated and whether to possibly throw it open to competition, how much City staff assistance would be needed, size of neighborhood associations, etc. The emphasis is on single-family neighborhoods working together to get the homeowners involved with government or more focused on physical improvements rather than just concentrating on troubled neighborhoods. The six components necessary as listed in a previous staff report, i.e., safety, security, community service programs, financing, funding, etc., were reviewed with the Planning Commission who felt it was a comprehensive approach but it was necessary to focus on neighborhood organizational programs first and then letting the neighborhoods determine their priorities and how much involvement they wanted. Neighborhood associations have coalesced around a specific interest and after the problem was revolved, interest diminished. Mayor Daly. What he had in mind when he brought the issue forward, when there is a problem in a neighborhood, that problem is dealt with by concerned citizens in the area. Subsequently if there are any other concerns, he would like to ask if there is a way for City Government to respond by suggesting that they form a homeowners association. The City will help to set it up and then back off. He asked if that is something they want to do, are the resources available, is there a person who can be designated to play that role. Does the City Manager or the Planning Director have a person in mind and is there a model on how they can do that. 552 City Hall, _~naheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. Lisa Stipkovich. They do not have staff to dedicate to that one program. She then introduced Mike Linares, their new Neighborhood Development Manager. He comes from Supervisor Stanton's office and has worked in neighborhood preservation in Santa Aha. He has the job of running the rehabilitation program as well as block grant and will be one of the key players but that is not the only thing he will be handling. She wants to make it clear that they do not have staff right now that can be dedicated to only this one activity. The program being discussed is different from what they have done in the past. Mayor Daly. It would be interesting the next time a group comes forward from a particular neighborhood with a "laundry list" of things they would like to see done to say that the City will help launch a newsletter, provide a meeting place to assist in forming an organization, etc., and then to see what the answer will be. The City does not have the mechanism yet, just the ability to make the offer. They might not need a lot of ongoing funding. He asked if they needed any additional feedback or should the focus be narrowed. Planning Commission Chairman, Robert Henninger. He believes the staff has a good idea of the focus. Council Member Feldhaus. They should work their way from the western city limits to the east. He feels relative to funding, there are service groups out in that area who would be willing to donate some funds for such a program. Council Member Simpson. He feels neighborhood associations will work but with two caveats - to the extent it becomes government driven, it will not work. Government does not have the wherewithal for such programs and he is concerned when they are already talking about funding without talking about problem identification. In some instances, it is neighborhood preservation and in others, restoration first and then preservation. They need to have the neighborhood identify what the problem is. Other areas that have worked are those that have homeowners associations that deal with a variety of issues. He again emphasized caution against government driven programs. After further discussion, Mayor Daly asked staff and the Planning Commission if they have received enough feedback in order to revisit the work already done and to keep this moving. Lisa Stipkovich. It has been very helpful. She feels perhaps they were too ambitious in their first assessment of what neighborhood preservation could entail. They can implement a program as directed. The difficult question is which neighborhood to start with. They will use the commission and the task force to help make the determination. After further discussion which included staff input, Mrs. Stipkovich stated they will work on the issue, start a pilot project and using that as a model to go on, then look at the rest of the City. She re£terate~ they ~o not want to artificially draw neighborhood boundaries at this point. c) Adult Business Uses: City Attorney Jack White. He gave an overview and history relative to where the City has come in adult entertainment business activity. He summarized the background of adult zoning in Anaheim from the 1970's to the present time noting that they have had two separate businesses seeking to locate in Anaheim, in each case involving nude dancing - the Wounded'Knee Saloon now known as Sandarellas on Brookhurst Street and the second, the Sahara Theatre 553 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5200 P.M. at Ball Road and State College. In the case of the Wounded Knee, the Federal District Court in Los Angeles on July 12, 1993 found the City's ordinance to be unconstitutional under the first amendment and vesting discretion in the Planning Commission and the City Council. On July 16, a separate case against the Sahara Theatre challenged the City Council's ultimate decision denying the CUP for that business. The Superior Court in Santa Aha previously ruled the City's ordinance was constitutional; however, the opinion in the Federal Court case was provided to the judge and he subsequently agreed with the decision of the Federal Court. As a result of the two decisions, the City Council on July 20, 1993 took two steps - they adopted a moratorium ordinance to prohibit any new adult uses in the City for 45 days while staff studied changes that would be possible to the current ordinance and brought back to the Council. The second decision the Council made on that date was to direct his office to file an appeal in the Federal District Court case on the Wounded Knee. The current moratorium expires on September 3, 1993 and it is staff's intention to return to the Council on August 17, 1993 and request the Council to extend the ordinance for an additional 45 days. He then explained some of the provisions that will be contained in the ordinance to be proposed. They anticipate that the draft ordinance will be submitted to the Planning Commission on September 8, 1993 with the goal of bringing the final ordinance to the City Council on September 14, 1993 to be presented both as an urgency ordinance and a regular ordinance. Chairman Henninger outlined a number of things he would like t° see in a new ordinance; City Attorney White stated they were all good comments and many, if not all, are contained in the initial draft of the ordinance to be proposed. Planning Commissioner, Tom Tait. He asked how does this affect the City's power to restrict the uses based on parking and would they still have the authority to do that. City Attorney White. They will still have ordinances that establish parking requirements for these types of uses, but they cannot be more onerous than for others. This applies to signs as well which are clearly protected by the first amendment. They can regulate signs to the same extent they regulate other signs. d) Retail Sales Activity - Industrial Areas.- Joel Fick, Planning Director. This is a very important focus historically for the City Council, Planning Commission and staff. When a change to the industrial area is proposed, it is necessary to find a balance in order to preserve the integrity of the industrial area. The primary area of discussion is the Canyon Industrial Area. The Planning Commission in some detail a little over a year ago looked at the Ball Road/Anaheim Boulevard area and the feeling generally was that the trends were not strong enough or the land uses surrounding that area acted as barriers for change. The conclusion at that time was to continue to watch the trends in that area. In the Canyon Industrial Area, that has been very comprehensively studied with respect to this issue through the specific plan that is under study in Community Development. Planning has worked very closely with Redevelopment staff in that regard. The Anaheim Canyon Business Center Specific Plan and the EIR are both expected to be released for public review some time next week. The Planning Commission and City Council will shortly be undergoing comprehensive reviews in the area of land uses throughout the entirety of that area. There will be a lot of focus on retail and industrial and C-O types of 554 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. uses in that area. What has been looked at has been both the historical trends and a comprehensive look on a parcel-by-parcel basis of all the land uses in that area and also the importance of corridors, the freeway, and how can the City capitalize on those opportunities that exist within that area. Council Member Feldhaus. He posed questions relative to the amount of retail that is allowed in the industrial zone today and also when a certain percentage is allowed that businesses seem to push that limit. The Council needs to establish some policy guidelines; Planning Commissioner Messe suggested waiting until the report is finalized and submitted. Council Member Pickler. He feels the report is the key as well. He then expressed his concerns about uses allowed in the industrial zone especially conditional use permits for churches. These kinds of uses take away from the industrial base. If the report indicates otherwise, they will have to look at that as well. Lisa Stipkovich. The Specific Plan is trying to give more direction in terms of land uses in the area - a more comprehensive approach than the way it is being handled at present on a CUP basis. There are specific recommendations in the Specific Plan. Relative to how much retail sales should be allowed where it is related to industrial uses, there will be a very lengthy discussion about all the land uses and what kinds of restrictions to put on those land uses in developing the standards. The plan will probably be coming to the Council the beginning of next week as well as a copy of the Specific Plan and the EIR that is going out for public comment. During the 45-day review period, they will be setting up workshops with the Planning Commission and Redevelopment Commission and expect another work session with the City Council. Mayor Daly then broached the subject of the notion of looking at some of the industrial neighborhoods close to downtown and in other parts of the City that are abutting residential based on General Plan decisions made a long time ago. Lisa Stipkovich. Some of what the Mayor is talking about is in the new proposed redevelopment area south of Broadway on both sides of Anaheim Boulevard. Quite a bit is included in the proposed new commercial industrial area. It goes over to the railroad tracks along Broadway. They are looking at alternate land uses in the new redevelopment plan, leaving the industrial but having an alternate land use as well. Other issues/questions between Council Members, Con~nissioners and staff were discussed including the close-in industrial areas as well as the Anaheim Plaza Redevelopment Area which includes another 200 acres apart from the plaza, some of which is now industrial property. Mayor Daly asked Mrs. Stipkovich if staff was developing a master plan for the remainder of that redevelopment area. Lisa Stipkovich. She answered yes. They have been working with the Arroyo Group. The area south of Lincoln along Euclid on both sides has been looked at. They have even worked with the Board of Realtors who have a real estate interest in the property on the east side of Euclid. As far as the industrial area along Lincoln, the owner of that property is very interested in remaining and staying in industrial use. They have worked with him on a design to upgrade that facility as well as trying to take advantage of the frontage on Lincoln where they might convert that to commercial. They are going to devise a master plan for the whole area. She also clarified for Council Member Pickler that they have been unsuccessful in working out an agreement with 555 Hall, Anahe:i.~, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,834,230.04 for the period ending July 30, 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: 52 p.m. ) Mayor Daly reconvened the City Council meeting. (5:54 p.m. ) ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A21 and A23 (see discussion under those items). MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 3, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 93R-163 through 93R-165, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claim was filed against the City and action taken as recommended: Claim rejected and referred to Risk Management: a. Claim submitted by Stephen Alan Haynes for property damage and bodily injury sustained purportedly due to actions of the City on or about December 21, 1992. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 7, 1993. A3. 169: Approving contract Change Order No. 1, in the amount of $81,687.53 in favor of Nobest Incorporated, for additional improvements to Neighborhood Preservation Area IV. A4. 123: Approving the I-5 Freeway Sewer Utility Agreement No. 12232 from Route 22 to Beach Boulevard with the State of California (CALTRANS). A5. 139: RESOLUTION NO. 93R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING SENATE BILL 602. (If passed, this bill would eliminate the Transit CaDital ImDrovement source of fundin~ for rail caDital improvements, in the amount of $765,000 toward the Anaheim Stadium Amtrak/Commuter Rail Station improvements. ) A6. 123: Approving a Fourth Amendment to the Agreement with Computer Services Company Division to extend the term of the agreement for one additional year, for traffic signal maintenance services. A7. 134: RESOLUTION NO. 93R-164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF ANAHEIM. (This Resolution informs the County of Orange and the Orange County Transportation Authority that the circulation element of the City's 560 City Hall, Anaheia, Californi& - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, D~ly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT GENERAL MANAGER/ELECTRICAL: Brian Brady ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 12:45 p.m. on July 30, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion, of the meeting of August 3, 1993 to order at 3:55 p.m., all Council Members being present with the exception of Council Member Hunter. City Manager James Ruth. He introduced the Fire Chief who will give the presentation today. 129: FIRE HAZARDS IN ANAHEIM HILLS: Fire Chief, Jeff Bowman. He first submitted a document titled, Type i Inmate Hazard Reduction Crew - Anaheim City Council presentation, Tuesday, August 3, 1993 and then introduced a five-minute video to supplement his presentation to show some of the fire hazard problems in the hill and canyon area. The video is for a public education program and for residents to understand the potential problem. He noted that the fire chief of Oakland where the disastrous fire occurred last October is a former resident of Anaheim Hills. In discussions with the chief, it was noted that many of the areas involved in that fire could have been placed into Anaheim Hills, there was that much of a similarity. While the Fire Department does weed abatement, they do not always do as good a job as they should. There are different levels of concern of those living in the hills. Some people say they bought their home because of the natural environment - others are grateful for the hazard reduction inspections in order to reduce fire hazards. Chief Bowman then briefed and elaborated upon the information contained in the handout (objectives, current situation, proposal, negatives, positives, impact on the budget). They have been working with the current ordinance. What they have done this year is different than prior years. They have engine and truck companys going out and doing inspections on every parcel that appears to be in a potentially hazardous area. That has never been done before. It is supposed to be an educational visit looking for weeds and brush and old stored materials that provide fuel for a fire and asking people to remove those, etc. So far, they have done 314 inspections and on 73 have found violations and issued notices - either fix the violations, clean up the mess, or reduce the hazard. The homeowner has 30 days in which to make the correction. There are very few who are unhappy with the program. The proposal is to bring in a hazard reduction crew that would consist of inmates from the California Rehabilitation Center (convicted felons) fully trained. These crews would be utilized if the homeowner chose not to do it themselves. There will be direct costs to the property owners as well as the potential concern of using inmates who are almost equivalent to a trustee. There will also be some City liability for potential property damage. They see that as a small issue. He then briefed the positives of the program. 557 C£t¥ Hall, ~Kuahe£m, Cal£forn£a - COUNCIL MINUTES - &UOUST 3~ 1993 - 5:00 P.M. In concluding, he stated relative to the budget, they. do not know what the impact on the budget will be and will bring that information back to the Council when they bring back the proposal. He wanted the Council to know that they are doing the inspections. He has talked to some of the City Attorney's staff about the liabilities that they face if they do not do anything. Something else the Council may wish to consider, one of the alternatives is to hire a contractor to do all the work at $200 an hour. The reason they have come to the Council with the proposal, they are trying to figure out a way of doing this without costing the homeowners a great deal. They have concerns from a financial standpoint and do not want to come back with a program that they cannot cover with fees. Mayor Daly thanked Chief Bowman for his presentation. RECESS - CLOSED SESSION: Council Member Simpson moved to recess into Closed Session, Council Member Daly seconded the motion. Council Member Hunter was absent. MOTION CARRIED. ( 4: 15 p.m. ) REQUEST FOR 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: Redevelopment Agency Items: Anaheim Redevelopment Agency vs. Quad Stationers, Orange County Superior Court Case No. 71-24-21 Elridge & Lavick Inc. dba Quick Test Opinion Centers, Orange County Superior Court Case No. 71- 24-22 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 its 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. By general Consent, the Council recessed into Closed Session. (4:16 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. (5:34 p.m.). INVOCATION: Mayor Daly asked again this week that there be a moment of silence for Police Chief Joseph Molloy. 558 City Hall~ Anahei~ ~alifornia - COUNCIL HINUTES - AUOUST 3~ 1993 - 5:00 P.H. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATIONS: INTRODUCTION- VISITING STUDENTS FROM MITO, JAPAN: June Lowrey, Sister City Committee presented to the Council 21 "ambassadors" from Anaheim's Sister City, Mito, Japan. She then introduced their leader Kieko Hirano. Kieko Hirano. She first thanked the Council Members and those responsible for the kindness shown to them and in giving them an opportunity to visit Anaheim. They were very much looking forward to their visit. Their host families welcomed them and have provided a variety of entertainment and pleasant experiences. They have learned a lot about Anaheim. The people they meet here have a special place in their hearts. She then presented token gifts to Mayor Daly; lapel pins were then presented to each of the students by Mayor Daly and Council Members. Mrs. Lowrey. She briefed the Sister City Program that started between Mito, Japan and Anaheim in 1976. There have been cultural and business exchanges since that time. This is the 6th student delegation. She then explained the rigorous procedure/competition the students go through in finally being selected as an exchange student which is a great honor for the winners. Mayor Daly. He extended the Council and City's best wishes to the delegation and also to the Mayor and Council Members of Mito, Japan. $500 GRAFFITI REWARD CHECKS: Mayor Daly announced that seven $500 graffiti reward checks are to be presented today to Elizabeth Vangsness, Keith Olesen/Brenton Dirk, Dawn Ortiz, Michael Graham, Mark Webber, and David Marin by Mr. John Poole, the City's Code Enforcement Manager and Carolyn Griebe, the City's Graffiti Consultant. John Poole, Code Enforcement Manager. He explained for the Council and the audience what is happening to those people convicted of graffiti vandalism. At present, 25 of those convicted are doing community service. Keith Olesen. He commented on the City's graffiti program and then donated his check back to the City to be utilized for the "Paint Your Heart Out" program. Mayor Daly and Council Members commended the recipients and those who donated their proceeds. Th~ p~opl~ ar~ v~y d~dieat~d to Anaheim. They h~p~ to continue rewarding citizens who step forward. Ideally, some day, there will be no need for such a program. THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing "Cool and Casual Day for Muscular Dystrophy Association", on August 12, 1993. Recognizing "National Scleroder~a Awareness Month", in August, 1993. 559 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. Woody Chevrolet. They are looking at putting in a new neighborhood center without acquiring that piece. That is the latest word from the developer. The same owner owns everything else from Lincoln to Broadway. The foregoing item concluded the items listed for discussion under the joint meeting agenda. Council Member Pickler then reported that Thrifty Oil Company had spoken to him explaining the difficult time they are having business wise and that they are presently in Chapter 11. They want to stay in operation in the City at their various locations by incorporating garages where they can do auto repairs and have individual owners take them over. If they were to do so, they could do it without applying for a conditional use permit but the problem is they would be required to close one of the driveways as a condition which will cost approximately $40,000. He feels they should be helping people stay in business and to remove road blocks so they can do so. His idea is that instead of requiring the driveway closure immediately, that there be a condition that it would not have to be done until perhaps the third year. That way the stations could remain open and become viable businesses and in a couple of years the driveway could be closed if it needs to be done. He would like to see such road blocks removed. Commissioner Messe was familiar with one of the requests at the facility located at Kraemer and La Palina. He understands what Council Member Pickler is saying relative to economics but they are dealing with statistics and facts relating to public safety; Chairman Henninger was also familiar with that one situation but did not remember the driveway being an issue, only that there were some environmental problems. Mayor Daly thanked the Planning Commission for attending the work session. He believes they have found a great balance in their work and have a lot of good new ideas. ADJOURNMENT - PLANNING COMMISSION: Chairman Henninger adjourned the Planning Commission meeting. (3:55 p.m.) ADJOURNMENT - CITY COUNCIL: Council Member Daly moved to adjourn the adjourned regular meeting of July 27, 1993, held August 3, 1993. Council Member Pickler seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (3:55 p.m.) LEONORA N. SOHL, CITY CLERK 556 City Hall, Anaheim, California - COUNCIL MINUTES - AUOUST 3, 1993 - 5:00 P.M. General Plan is in conformance with the County's Master Plan of Arterial Highways. ) A8. 124= Awarding the contract to the lowest responsible bidder, Metro Builders and Engineers, in the amount of $63,000 for Rehabilitation of Anaheim Convention Center Car Park No. 1 Structure; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the iow and second iow bidders. A9. 123: Approving an Agreement with Merit Civil Engineering, Inc., in an amount not to exceed $74,570 for review of existing sewer facilities within the City of Anaheim affected by the widening and interchange reconstruction of the Santa Ana (I-5) Freeway. Al0. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Sopp Chevrolet, in the amount of $27,172 for two police patrol cars. All. 129: Accepting the completion of weed abatement work incurred during the 1992/93 fiscal year, and authorizing payment, in the amount of $5,498.73 to Edwin Webber, Inc. Al2. 129: RESOLUTION NO. 93R-165: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. Al3. 123: Approving a First Amendment to Agreement with Nam June Paik, in an amount not to exceed $17,000 for the design and construction of artwork at the Anaheim Arena. Al4. 160: Accepting the bid of Square D Company, in the amount of $68,066 for two 5,000 K.V.A. three-phase padmount transformers, in accordance with Bid #5161. Al5. 123: Approving an Agreement with Occu-Med, Inc., to continue their services through June 30, 1994, in the area of occupational health and medical standards, including pre-placement medical examination and quality assurance services. Al6. 123: Approving an Agreement with the United States Department of Housing and Urban Development for FY 1993/94 Emergency Shelter Grant funds, in the amount of $39,000. Al7. 101: Rejecting all proposals received from the Request for Proposal dated May 28, 1993, to provide emergency medical services at Anaheim Stadium. Mayor Daly. He asked if any additional correspondence had been received on this item. He has been contacted by an attorney on behalf of one of the participants in the RFP process. He indicated he would be sending a letter; both the City Attorney and City Manager indicated that no letter had been received to their knowledge. The City Manager stated they should move forward. Al8. 177: Approving the adoption of the Tenant Assistance Policy to be used as part of the implementation of the Rental Rehabilitation Grant Program. 561 C£t¥ Hall~ Anahe£m~ Cal£~ornia - COUNCIL MINIFTE$ - AUGUST 3~ 199:3 - S:00 P.l,f. A19. 153: Approving a City contribution at the same level provided to active employees for dependents who qualify for COBRA benefit continuation because of the death of an employee. A20. 169: Awarding the contract to the lowest responsible bidder, Excel Paving Company, in the amount of $1,112,308.50 for Convention Way Street Storm Drain & Landscape Improvements; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A21. 169: Awarding the contract to the lowest responsible bidder, Holmes and Narver, Inc., in the amount of $3,997,946 for the Digital Telecommunication System; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He believes in technology but is wondering if in the state of the present economy they can afford to purchase the new telecommunications system. It is also an issue of how top management thinks. There are three accounting entities - the City of Anaheim General Fund, the Redevelopment Agency and the Public Utilities Department. It says that the equipment is needed and will be paid for entirely by the Public Utilities Department but enjoyed by others in the City. He believes that management thinks Public Utilities is a piggy bank- they are not. Time and again he sees proposals that come before the City Council where there is a commingling. He wonders if the Council understands that accounting entities are responsible for themselves. City Manager Ruth. This is replacing a 25 year old system. It has been a very high maintenance system. It is economically practical to replace it at this time and it has to be done. There will be residual benefits to other departments but it is for the use of the Utilities Department. Mayor Daly then asked that staff explain how the system is used, its usefulness to the Utilities, does it run city wide, etc. Ed Aghjayan, Public Utilities General Manager. He first explained that the installation is driven by the Public Utilities Department. If it were being asked for by other departments, their audit team would not allow them to charge expenses to the utility rate payer. They have not put anything extra on the system for other departments. Brian Brady, Assistant General Manager/Electrical. He gave a slide presentation on the telecommunication system - the problems with the current system, the increased costs if the system is not replaced, the features of the new system, etc. It is a backbone system that runs throughout Anaheim. He then answered questions posed by Council Member Feldhaus relative to salvaging the copper wire that will be removed from the system as well as talking to companies such as Multivision Cable regarding cost sharing and sponsoring the laying of the fiber optic cable. He also explained at the request of the Mayor how the system protects the City's water and electrical system. At the conclusion of his presentation, Council Member Simpson spoke to Mr. Kynpstra's comments relative to the mix of accounting systems. The City has a set of auditors - Public Utilities has a set, there is a different auditor who audits between the City and the Rams and another between the City 562 City Hallr Anaheimr California - COUNCIL MINUTES - AUGUST 3, 1993 - 5~00 P.M. and the Angels as well as both Federal and State auditors who do Housing and Redevelopment. Ail areas are audited and thus always under-scrutiny. Mayor Daly. He noted this was a budgeted expense in the current years Utilities' budget. Mr. Brady also explained for the Mayor that other utility companies such as Edison will be making investments in similar types of systems. He emphasized that the proposed system is state-of-the-art and will meet Anaheim's needs for the next ten years. A22. 114: Approving minutes of the Adjourned Regular Council Meeting held June 9, 1993, the City Council meeting held June 15, 1993, and minutes of the Special City Council meeting June 15, 1993, and the adjourned regular meeting held June 22, 1993. Roll Call Vote on Resolution Nos. 93R-163 throuqh 93R-165, both inclusive, for adoptions AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 93R-163 through 93R-165, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A23. 148: LEAGUE OF CALIFORNIA CITIES - ANNUAL CONFERENCE - VOTING DELEGATES: Designating a Voting Delegate and Alternate for the League of California Cities Annual Conference. Jeff Kirsch, 2661 W. Palais, Anaheim. In view of the cutbacks in travel expense, there was no information in the background material as to the cost of the subject meeting and he was wondering if it was available. Mayor Daly. He advised that the information could be obtained by contacting the City Manager's or the City Clerk's Office. Mayor Daly then asked the Council Members if they had an opportunity to decide if they are going to attend the league meeting. Delegates can be selected this evening or continued to a later date. Council Members Simpson and Hunter stated that they were not going to be attending. MOTION: Council Member Simpson nominated Mayor Daly as the voting delegate and Council Member Pickler as the alternate for the League of California Cities Annual Conference. Council Member Feldhaus seconded the motion. MOT I ON CARR I ED. A24. 105: RESIGNATION FROM COMMUNITY REDEVELOPMENT COMMISSION: (Lopez, term ending June 30, 1995) MOTION: Council Member Daly moved to accept the resignation of Rene LaForm Lopez from the Community Redevelopment Commission and authorizing the City 563 C£ty Hall, Anahe£na, Cal£forn£a - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. Clerk to post a notice of unscheduled vacancy for the vacant position. Council Member Simpson seconded the motion. MOTION CARRIED.. Mayor Daly asked that a letter of thanks be prepared for Mr. Lopez expressing gratitude for his service. A25. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1993: These items were continued from the meeting of July 27, 1993 to this date. COMMUNITY SERVICES BOARD - NEW TERMS EXPIRING JUNE 30, 1997 (Dexter): Mayor Daly asked if there were any nominations; there were none. Council Member Daly moved to continue the appointment for 30-days and invite interested persons to apply beyond those citizens who have expressed interest. Council Member Simpson seconded the motion. MOTION CARRIED. LIBRARY BOARD - NEW TERMS EXPIRING JUNE 30, 1997 (Dahl, Taylor): Mayor Daly nominated Glenda Lee Flora. Council Member Pickler nominated Marjorie Rothrock. Council Member Simpson moved to close nominations, Council Member Pickler seconded the motion. MOTION CARRIED. MOTION: Council Member Daly moved the appointment of Glenda Lee Flora and Marjorie Rothrock to the Library Board for new terms expiring June 30, 1997. Council Member Simpson seconded the motion. MOTION CARRIED. SENIOR CITIZENS COMMISSION - NEW TERM EXPIRING JUNE 30, 1996 (Hawley): Council Member Simpson moved to continue the appointment to the Senior Citizens Commission for 30-days. Council Member Pickler seconded the motion. MOTION CARRIED. ITEMS B1 - B6 FROM THE PLANNING COMMISSION MEETING OF JULY 12, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 3, 1993: B1. 179: ENVIRONMENTAL IMPACT REPORT NO. 189, CONDITIONAL USE PERMIT NO. 3604: OWNER: Lincoln Anaheim Village, Attn: Jim Freeman, 30 Executive Park, Irvine, CA 92714 AGENT: R. Scott Sellers, 30 Executive Park, Irvine, CA 92714 LOCATION: 301-335 E. Center Street. Property is approximately 2.2 acres located at the northwest corner of Center Street and Olive Street. To permit administrative and professional services, business support services, finance, insurance and real estate services, medical/dental services, ~nd per~0nal/re~air services, ACTION TAKEN By THE PLANNING COMMISSION= CUP NO. 3604 GRANTED, IN PART, (PC93-79) (5 yes votes, 2 absent). EIR NO. 189 Previously Approved. B2. 179: CONDITIONAL USE PERMIT NO. 3500 AND NEGATIVE DECLARATION: OWNER: C. Darle Hale, 3901 e. Coronado Street, Ste. B, Anaheim, CA 92807 LOCATION: 4001 E. La Palma Avenue. Property is approximately 0.95 acre located at the northeast corner of La Palma Avenue and Van Buren Street. 564 C£t¥ Hall, Anahe£m, Cal£forn£a - COUNCIL MINIFTES - AUGUST 3, 1993 - 5:00 P.M. Request for amendment or deletion of a condition of approval pertaining to a one year time limitation for a previously-approved industrially- related office building. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3500 GRANTED, for an additional two years - to expire 7/12/95 (PC93-80) (6 yes votes, I absent). Negative Declaration Previously Approved. B3. 179: RECLASSIFICATION NO. 87-88-57, CONDITIONAL USE PERMIT NO. 3006 AND NEGATIVE DECLARATION: RECLASSIFICATION NO. 87-88-57 AND CONDITIONAL USE PERMIT NO. 3006 - REOUEST FOR RETROACTIVE EXTENSION OF TIME: OWNER: Bhupesh Parikh and Associates, 427 Colorado Boulevard, ~201, Glendale, CA 91204 LOCATION: 212 South Beach Boulevard. Property is approximately 1.9 acres located on the east side of Beach Boulevard and approximately 800 feet south of the centerline of Lincoln Avenue. To amend conditions of approval by deleting certain conditions from Reclassification No. 87-88-57 (to rezone subject property from the RS-A-43,000 to CL zone) and transferring them to Conditional Use Permit No. 3006 (to permit a 196-unit motel). ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 87-88-57 GRANTED (PC93-81) (6 yes votes, 1 absent). CUP NO. 3006 GRANTED (PC93-82) (6 yes votes, 1 absent). Negative Declaration Previously Approved. Retroactive extension of time for Reclass and CUP APPROVED (retroactive to June 20, 1993, and to expire June 20, 1994). B4. 179: CONDITIONAL USE PERMIT NO. 2744 - REQUEST FOR SUBSTANTIAL CONFORMANCE: REQUESTED BY: Shirley Glowalla LOCATION: 1770 West Cerritos Avenue. ( Temple Beth Emet) Petitioner requests substantial conformance review pertaining to relocation of residential trailer, landscape and irrigation plans. ACTION TAKEN BY THE PLANNING COMMISSION: Determined the plans and relocation of trailers to be in substantial conformance - plants shall be a minimum of fifteen gallon size and planted every 6 feet. B5. 179: CONDITIONAL USE PERMIT NO. 3556 - PLANNING COMMISSION REVIEW OF PRECISE LANDSCAPE PLANS: REQUESTED BY: Dick Debeikes LOCATION: Property is located at the northwest corner of Weir Canyon Road and SAVI Ranch Parkway. Petitioner requests review of precise landscape plans in conjunction with Conditional Use Permit No. 3556 (to permit a car wash facility). ACTION TAKEN BY THE PLANNING COMMISSION: Approved precise landscape plans for car wash facility. B6. 179: CONDITIONAL USE PERMIT NO. 1664 - REQUEST FOR TERMINATION AND FOR STAFF TO INITIATE RECLASSIFICATION PROCEEDINGS FROM THE ML TO THE PR ZONE: INITIATED BY STAFF LOCATION: Property is 3.15 acres located at the northeast corner of Katella Avenue and Douglass Road (Anaheim Arena). ACTION TAKEN BY THE PLANNING COMMISSION: Terminated CUP NO. 1664 and directed staff to initiate reclassification proceedings. 565 C£t¥ Hall, Anahe£m, Cal£forn:i.a - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.14. ITEM B7 FROM ~ PLANNING COMMISSION MEETING OF ,YI,'LY 26, 1993 INFORMATION ONLY - APP~ PERIOD ENDS AUGUST 5, 1993~ . B7. 179: RECLASSIFICATION NO. 91-92-19, WAIVER OF CODE REQUIR~M~_NT, CONDITIONAL USE pERMIT NO. 3625, TENTATIVE PARCEL MAP NO. 93-156: OWNER: Simon III & Gloria Fluor Trust, Attn: Cecil Wright, 265 South Anita Drive, #205, Orange, CA 92668 AGENT: Ruth Miller, 1600 Dove Street, #138, Newport Beach, CA 92660 LOCATION: 1300-1382 East Auto Center Drive. Property is approximately 8.39 acres located at the northwest corner of Sanderson Avenue and Auto Center Drive. For a change in zone from ML to CL; and to permit an automobile sales lot with accessory automotive repair with waiver of (A) required number of trees, (B) required parking lot landscaping, (C) minimum number of parking spaces, (D) required landscaping abutting a street, (E) maximum number of signs, (F) permitted location of signs, and (G) minimum distance between signs. To establish a 3-lot commercial subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Parcel Map No. 93-156 APPROVED. NOTE: RECLASS & CUP have a 22-day appeal period to expire 8/17/93. Answering Council Member Feldhaus, Annika Santalahti, Zoning Administrator explained that this pertains to property in the area of the auto center. The Planning Commission did not grant all the waivers listed but only two. The conditional use permit with the waivers will be on the Council agenda of August 17, the end of the 22-day appeal period. The two waivers that were approved pertained to the parking requirement and the trees. The tentative map is the only item on the short appeal period and the reason it is before the Council today. The CUP will be before the Council on August 17, along with the reclassification listing the waivers that were denied and those approved. Cl. 175: REQUEST FOR WAIVER OF FEE - ANAHEIM FIRST PRESBYTERIAN CHURCH: To consider the request of Anaheim First Presbyterian Church for waiver of the $1,400 fee for an electrical service upgrade (for construction of an underground service fed from an existing transformer), charged in accordance with current Rates, Rules and Regulations. Submitted was report dated July 23, 1993, from the Public Utilities General Manager Ed Aghjayan recommending that the Council deny the request to waive the subject fee as required per Electric Rates, Rules and Regulations No. 24, Sect ion II, 1. Mayor Daly. He intends to abstain because his wife is an Elder in the church. He asked the City Attorney if he needed to leave the room. City Attorney White. It is not necessary for the Mayor to leave the room but he recommends that Mayor Pro Tem Simpson chair this portion of the agenda. Roger Ray, 8252 Suffield, La Palma. He represents the First Presbyterian Church at 310 W. Broadway. He is vice president of the corporation. The project was to upgrade the air conditioning systems in the church and to provide their day-care center with an enhanced environment. He then gave a detailed explanation starting with his initial contact with the Utilities Department where he was told a fee would not be assessed for the electrical service upgrade which required modification to the church's larger electric panel. In finality, they were informed that there would be a $1,400 fee 566 C£t¥ Hall~ Anahe~ ~al£forn£a - COUNCIL MINIFTES - AUGUST 3~ 1993 - 5:00 P.M. assessed because a 90 foot span of wire would have to. be changed out into a larger size. When the crew arrived and actually did the work, they realized this would not have to be done and they did not do it but since the church already paid the fee, they were at least due some refund. That was the basic reason for requesting the waiver. He was told the proper procedure was to petition the Council and that is the reason he is present tonight. The City's equipment would not have to be changed in this case and the church provided the new wire, conduit and electrical crew to assist the City. Answering Mayor Pro Tem Simpson, he stated that they requested more power but the City's equipment did not have to be changed to supply that. The transformer or wire coming to their point of connection is the same today as before the project. Brian Brady, Assistant General Manager/Electrical. If they can determine by a check with electrical engineering that no service upgrade is required, there is no fee. They did a field check and found out they did not have to beef up the wires but did have to put in a secondary riser and other associated equipment. They spent $3,000 doing that. If it exceeds the $1,400 fee, they do not charge more. They do somewhere around 500 of these per year. Southern California Edison does not charge for the upgrades because they put that cost in their rates. Anaheim does not. If they do not recover the fees, they are in shortfall. Jeff Kirsch. The air conditioning the power wires are going to feed were obtained from the Anaheim Plaza redevelopment project directly facilitated by taxpayer dollars. To place a further burden on the taxpayers who will not enjoy the benefits of the air conditioning is not the right thing to do. Roger Ray. They started in the project long before they were even notified by the owners of the Plaza that some equipment would be available. They were fortunate to be able to obtain some equipment from the mall which will cost them approximately $5,000 to $6,000 to remove from the mall. This equipment will be used to air condition their office building and sanctuary which is not air conditioned today. MOTION: Council Member Pickler moved to deny the request for waiver of fee for the Anaheim First Presbyterian Church in the amount of $1,400. Council Member Simpson seconded the motion. Roll Call Vote: AYES: Pickler, Simpson NOES: Feldhaus, Hunter ABSENT: None ABSTAINED: Daly (Tie Vote ) MOTION: Council Member Hunter moved to waive the fee as requested by the Anaheim First Presbyterian Church in the amount of $1,400. Council Member Feldhaus seconded the motion. Before a vote was taken, City Attorney White stated that the motion waiving the fee should include the findings set forth in Rule 15.1, Section C, Subsection 2 which would be that the application of the rule requiring the payment would be unjust in this particular case for the reasons stated. Council Member Hunter incorporated the findings as articulated by the City Attorney. 567 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5~00 P.M. A vote was then taken on the motion to waive the fee:. AYES: Feldhaus, Hunter NOES: Pickler, Simpson ABSENT: None ABSTAINED: Daly (Tie Vote) City Attorney White. Without an affirmative motion being adopted to waive the fee, the fee has not been waived which results in the request being denied. Mayor Pro Tern Simpson. While he is sympathetic, a statement of the Utilities was that the City has already expended $3,000 of what can only be deemed taxpayer's money - $1,600 is not recoverable. Therefore, it does not seem prudent to spend an additional $1,400 in taxpayer's money. C2. 120: THE SOMEBODY GROUP: Presentation concerning vagrancy and panhandling in the City requested by Mr. Harold Mart in. Mayor Daly asked to hear from Mr. Martin. Maggie Gonzales. She will be the spokesperson for the Somebody Group since Mr. Martin is unable to be present today. They are before the Council to ask for help in dealing with a growing problem in the City. People cannot walk the streets of the community, shop in the stores or use public parks without being accosted by panhandlers. The problem is growing because they know they can come to the City and nothing will be done to deter them. (She then showed a variety of slides taken in and around Anaheim.) Panhandlers are becoming more aggressive by the day, some of the members of Somebody are present to give testimonials. The following people also spoke on the issue: Daisy Vagzanovich, 208 S. West Street, Anaheim. Five regular homeless panhandlers were observed at 6:30 this morning sleeping in the empty lot west of Norm's Restaurant property. Such occurrences have become a disgrace to the west end of Anaheim. It is disgusting to those who live in that neighborhood. Mike Kowalski. He has a business at 816 N. Anaheim Boulevard. The panhandler problem in his area has escalated to the point where his customers have been harassed. His house is on Broadway where there are regular panhandlers. They approach people quite aggressively and in groups. It is one of the things that affects both homeowners and businesses to the point where if something is not done, people will be moving out of the City. He supports Mrs. Gonzales' ideas regarding panhandlers. Steve Rosco, 1025 W. Sycamore, Office Manager for Paul Kott Realtors. Transients and panhandlers have been a chronic problem. It is a detriment to property owners attempting to sell and lease their properties and it is a disgrace to the City. He relayed incidents he has observed. He urged the Council to do something about the problem before the City loses anymore business. Maggie Gonzales. They are requesting that the Council pass an ordinance which would require panhandlers to obtain a permit prior to being allowed to panhandle within the City limits and including the following: 568 City Hall, Anaheim, California - COUNCIL MINUTES - AUGUST 3, 1993 - 5:00 P.M. That they all wear a 3" x 5" laminated card which bears their name, photograph, I.D. number and a telephone number to cal.1 for complaints. Records of complaints should be maintained so that due process type hearings could be held and if necessary to revoke a panhandler's permit. The type and number of complaints for revocation are left to the Council and staff to determine. Ail persons applying for a panhandlers permit should be given a current list of private and public assistance agencies and programs within Orange County including the address and phone number so that these people can attempt to get help without resorting to panhandling. She referred to her letter of May 10, 1993 to the Council which, since that time, has received a great deal of attention both national and international and the focus of radio and t.v. talk shows and articles. She also collected approximately 2,000 signatures supporting the proposal. The Somebody Group is also passing out flyers which they are asking businesses to put on their doors to call the police if somebody is panhandling, drinking or loitering. They have to put a stop to the practice. (She presented the letter and the signatures. ) Mayor Daly. The Somebody Group Mrs. Gonzales is speaking for deserves credit for focusing the attention of the City on such problems - the problems at La Palma Park, the welfare office and other problems associated with that neighborhood. Now it is the panhandling problem which has been a growing problem for Anaheim and virtually every other major City. He would like to hear from Council Members and subsequently City staff on what tools are available at their disposal as well as the legalities or illegalities associated with the issue. Council Men~er Frank Feldhaus. Ail Council Men~ers received a copy of a proposal from the City Attorney. They have not talked about that formally and he does not know if this is the forum in which they should do so. He did talk with Maggie Gonzales. His advice to her was that signatures were not going to do it, but affidavits and testimonials from people, dates, times and places giving their experiences. He heard testimony tonight that the people were homeless panhandlers. All homeless people are not panhandlers and all panhandlers are not homeless. It is vitally important that they separate the issues of panhandling and homeless people or drunks or whatever else. It is necessary to stay focused on the problem of being accosted and intimidated by the actions of a panhandler. That is the problem they want to address. He is very conmmitted to doing something about the conduct of the panhandlers in Anaheim, but admonishes it is necessary to stay focused on that issue. Mayor Daly. He asked the City Attorney to give his view of what the law allows and does not allow as well as any lessons they can learn from the actions of other cities. City A~=0rne¥ Whi~e. ~ela~i~e =0 =he issue for many years the Penal Code contained a provision that has made it unlawful for a ~rson to approach another person upon a sidewalk, street or any other public place for purposes of begging for alms or money. That provision of State law was attempted to be enforced against certain panhandlers in San Francisco by the Police Department. A lawsuit in 1991 was brought against San Francisco and the individual police officers alleging violation of Civil Rights and First Amendment Rights in particular. It was a Federal District Court case (Blair vs. Shanahan) wherein it was held by the court that the action of panhandlers was a First Amendment protected activity. This decision is relied u~x~n by other courts and subsequently there is a whole different set of rules when public entities try to regulate that activity. Since 1991, 569 C£t¥ Hall~ Anahe£m~ Cal£forn£a - COUNCIL MINUTES - &UGUST 3~ 1993 - 5:00 P.M. there has been no City nor has the State attempted to-crack what the Federal Court saw as a defect in that statute. Those entities that-have looked at the issue have concluded it is too difficult for them to tackle. The City Attorney then gave an extensive and detailed presentation which covered some of the things that can be done and that cannot be done in trying to regulate panhandling. He concluded by explaining that the City would be better off to address the conduct itself to the extent that the conduct could be made unlawful. There are potentially two areas although they would face a large appeal battle. One would be to prohibit persons from soliciting contributions or any other types of solicitations. He is talking here about people who sell oranges or roses or the like within the public rights of way addressed to moving vehicles. Other cities in other states have been successful in this area. The other is, even the court decision in the panhandling case indicates there may be a basis for local regulation of what he would call street intimidation which he explained. Those are the two areas that come to mind after doing a lot of research. This is not a problem peculiar to Anaheim, but throughout the State and nation. They can engage in looking at those particular areas or other areas the Council might want to direct them to further research and come back with a report and potential ordinances for consideration. Council Member Hunter. It appears to him, if the Council attempts to do any type of anti-begging regulation however it is worded, it is going to be legally flawed. He feels these people are "brothers" and the City ought to be putting their hand out to help them through the churches, community groups, the government. They talk about panhandlers giving Anaheim a black eye. If the City passes some type of ordinance that bans panhandlers, it will give the city a black eye. Anaheim will be viewed as a City that lacks emotion and compassion. They ought to be giving hope to the hopeless and not putting together ordinances like the one proposed. That is why the Supreme Court, the Fourth Appellate and other courts and judges in the country are saying no to allowing such laws. He feels it is even wrong to have the issue on the agenda. If some people on the Council feel this is the type of publicity the City needs, they are wrong. Council Member Pickler. He is opposed to licensing panhandlers. They are people who do need help and a lot of people are providing that help. Panhandling, however, jeopardizes some of the things that are important to the City. He also believes it threatens the life of any individual on the median asking for money - not only the panhandler but the driving public. He feels some steps should be taken if they can be enforced. People who own shopping centers are putting up signs to combat the problem. They should look at what can be done to alleviate the problem. Council Member Simpson. He is against the licensing from a different perspective. If he thought it would treat the just and the unjust alike, he would be for it. It gives the impression if you want to be a panhandler or beggar in Anaheim, just get a license. He does not like that nor the fact that they cannot regulate the unjust and treat the just differently. The Council is frustrated as well, another example being the fact that the City cannot regulate against nude dancing or topless or bottomless bars. The best they can hope for is to be able to regulate them to some extent. He agrees with Council Member Pickler that they should do what they can to impose regulations where panhandlers are a hazard to themselves and others. As Mr. White explained, the courts have ruled it is an expression under the First Amendment. 57O City Hall, Anaheim, California - COUNCIL NIFu/~S - AUOUST 3, 1993 - 5~00 P.M. Council Member Feldhaus. It is his choice if he wants to go to a topless bar, but panhandlers are intimidating. He reiterated they should focus on the intimidation and conduct of panhandling. People are waiting to see what Anaheim is going to do with their panhandling problem. If the City can pass the test, many cities in the nation will follow. It is a world-wide problem. There are people making $200 a day panhandling. They are not paying taxes and at the same time drawing welfare checks. He intends to continue combating the problem. If he does not have Council's support, he is very sorry for that. The Council has a responsibility to the citizens to control that conduct. He does not want the citizens or visitors harassed. Mayor Daly. Communities in California and around the country have dealt with this problem longer than Anaheim. San Francisco first lost the battle and the problem is now worse than ever in that City. Sometimes drawing attention to a problem ends up in a self defeating program. He believes there are productive programs and would like to continue gathering information from other communities on what has worked successfully. Nearby communities have more severe problems especially with homelessness. They are frustrated and have spent hundreds of thousands of dollars trying to do something about the problems, but have not been successful. It is necessary to listen to the advise of the City Attorney on such sensitive matters. He (Daly) feels the way to get right to the heart of the "scam" is not making all panhandling illegal, it is encouraging people not to give money - instead give them a voucher or coupon for a loaf of bread or whatever. There are private solutions. For instance, the person who owns Vons in the downtown shopping center needs to realize he is losing business because of the problem. The issue is not going to go away until they borrow the best ideas from other communities and turn to private solutions. A place to turn is to some of the private sector organizations in the community. Council Member Pickler. The City Attorney mentioned inappropriate contact. He does not think that the panhandlers want a loaf of bread. They are out there for a purpose. He wants to make it tough. He does not want to legalize panhandling. The City has to make it as tough as possible. Perhaps the City Attorney can look at some of those areas such as loitering, etc. Mayor Daly. He asked if there was any direction to give to City staff. Council Member Pickler. Perhaps the City Attorney and City Manager can come back with ideas that can be enforced. There was no formal action taken on this issue at this time. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Simpson seconded the motion. MOTION CARRIED. (7:40 p.m.) LEONORA N. SOHL, CITY CLERK 571