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1993/10/12Hall, P,-ahe~, Cal£fornia - COUNCIL MINUTES - OCTOBER 12, 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 TRAFFIC AND TRANSPORTATION MANAGER: John Lower PRINCIPAL CIVIL ENGINEER: Natalie Lockman A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on October 8, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 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: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. Shari Lyn Miles vs. City of Anaheim, et al., Orange County Superior Court Case No. 69-80-46. Dease vs. City of Anaheim, United States District Court Case No. CV93-1712 (RG) . b. To meet with the City's Real Property Negotiator concerning acquisition or disposition of certain real property interests for property located generally at Douglass Road, owned by Herb Douglass and Ted Douglass. c. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. 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. (3:00 p.m. ) 719 City Hall, ~nahe_~ California - COUNCIL MINUTES -OCTOBER 12~ 1993 - 5:00 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. (5:13 p.m.). INVOCATION: A moment of silence was observed in lieu of the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PBRSENTATIONS - BRCOGNIZING CITY EMPLOYEES WITH 25, 30 AND 35 YEARS OF SERVICE: Shirley Oudeans, Benefits Analyst, announced that there are at this time forty-two City employees who have reached their 25 to 35 year service anniversaries and are to be presented with their service awards this evening: 35 YEAR AWARDS Parks Facility Maintenance Utilities *Eldred Lamb, Park Maintenance Worker I Gerald Hill, Maintenance Locksmith Ralph Anzevino, Senior Utilities Service Worker *Thomas Kirker, Electric Design Supervisor 30 YEAR AWARDS Police Fire Engineering Facility Maintenance Fleet Maintenance Golf Course Utilities 25 YEAR AWARDS Human Resources Library Parks Beverly Clabaugh, Senior Secretary Stanley Kantor, Police Captain George Kline, Police Officer Paul Mooney, Police Officer Douglas Beery, Fire Captain III Robert Hernandez, Fire Captain III Thomas Kresal, Fire Captain III Roger Strickland, Fire Fighter III Darrel Wallace, Fire Fighter II *Kenneth Baker, Principal Engineering Aide Ofelia Murphy, Supervising Telephone Operator *William Neal, Lead Equipment Mechanic Donald Lewis, Golf Course Superintendent *Frank Flores, Electrical Systems Designer Michael Jones, Water Production Superintendent Benjamin Maddox, Electrical Helper Charles Palisin, Substation Test Technician Supervisor Roy Wright, Substation Test Technician Supervisor Ann Horton, Personnel Records Technician Sharon Johnson, Librarian I *Rey Ortiz, Lead Tree Trimmer Harvey Waldron, Parks Field Supervisor 720 City Ballt ~,aheim, California - COUNCIL MINUTES - OCTOBER 12t 1993 - 5:00 P.M. Police Bonny Arnold, Police Communications Supervisor Richard Brace, Police Lieutenant Joseph Bryan, Police Officer James Flammini, Police Lieutenant John Jansen, Police Sergeant *James Santoro, Police Sergeant Fire Murray Ralls, Fire Engineer .III Planning Golf Course *John Poole, Code Enforcement Manager *Alvin Morris, Lead Golf Course Maintenance Worker Utilities Bernard Allen, Line Mechanic *Bruce Botsford, Utilities Troubleshooter James Getz, Senior Electric Utilities Inspector *Meredith Lanz, Senior Utilities Systems Scheduler *Paul Olshefsky, Apprentice Line Mechanic Thomas Schramm, Electric Systems Designer Robert Templeton, Senior Electric Systems Designer *Unable to be present. Mayor Daly presented the awards and along with the Council Members congratulated and commended each of the employees for their long and dedicated service to the citizens and the City. Recognizing Art In Public Places Month, October, 1993 Julie Mayer, President, Anaheim Arts Council accepted the proclamation. 119: DECLARATION OF RECOGNITION..- A Declaration of Recognition was unanimously adopted by the City Council and presented to John Lower, the City's Traffic and Transportation Manager, who was accompanied by a representative from the Automobile Club of Southern California. The Club had given the Award of Excellence to the City for its Pedestrian Safety Program. Mayor Daly and Council Members congratulated Mr. Lower and the staff of the Traffic Engineering Division of the Public Works/Engineering Department on having received the Award of Excellence. THE FOLLOWING WERE R~.COGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing White Cane Safety Day, in Anaheim, October 15, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,820,879.79 for the period ending October 8, 1993, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and Anaheim Public Improvement Corporation meetings. (5:35 p.m.) Mayor Daly reconvened the City Council meeting. (5:38 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: 721 C£t¥ H&llt ~__n_&he~, Cal£forn£a - COUNCIL NI~$ -OCTOBER 12, 1993 - 5:00 P.M. Twelve people spoke to Item C2 (see discussion under that item). ITEMS OF PUBLIC INTEREST: Phil Knypstra, 2520 Gelid Avenue, Anaheim. He was present first to speak on Item A17; Mayor Daly explained that that item is being continued for another week. Mr. Knypstra continued that a message he is receiving from hearing the employees that were present last week and the message he is getting today, the employees want the Council to take care of them and they do not care what it takes. He believes inferred in that statement is that they are expecting the Council to raise taxes on him so that they can offer employees a higher standard of living than he can afford. There is no reason why Government cannot be as effective as the private sector. He feels the reason it is not is because wages and benefits get away from the managers and the City Council. They have allowed them to escape to where it is no longer competitive with the private sector. Bruce Bottolfson, President, Anaheim Police Association. He first spoke to the golf course issue. The APA is totally against any privatization of such facilities. He does not know how far the City can push privatization. He is hoping that eventually at some point they will put a stop to the privatization issue. Mr. Bottolfson then stated he is present again to speak on police, public safety, staffing and money. The Council will notice that no one is present with signs tonight. There have been a couple of meetings with the Board of Directors and ideas discussed. They rejected many ideas either calling for a speed up or a slow down of police activities because of contract problems. Such actions would affect the citizens and they are not prepared to do anything that will affect them negatively. They did come up with something that was probably more radical. Revenue sources and taxes are a real issue for the City. What they are proposing is a ballot proposition which hopefully they can put together and get on the June 1994 ballot to enact a City Admission's Tax for all facilities in the City - Disneyland, the Stadium, the Arena, the Celebrity Theatre, etc. What they are proposing and are prepared to start is a petition movement to get the initiative on the June ballot. They are proposing a sliding scale be developed where any ticket over $20 would cost $1 in City tax - $20 to $10, .50¢ and anything under $10 would be 0. If a City resident goes to a movie at a City theatre, they should not have to pay a tax to see that movie. People coming from the outside and using City services are not paying for utilizing City services. It is time the City got a share from them. There has been good discussion over Wescot (Disneyland Project) which the APA backs 100% but they have also been told by the same City negotiators they have to expect a revenue drop over the next three or four years as it is being built. If that is the case, it is something they need to consider to put those revenues into City coffers and to earmark a percentage of that for public safety. They do not want it all. As a Council, they can vote to enact a law like that. They can also vote to put it on the ballot and let the citizens decide, or the third option is a petition drive to 722 City Hall, ~,ahe!~_, California - COUNCIL MINUTES - OCTOBER 12, 1993 - 5:00 P.M........ get it on the ballot. If that is the case, he can guarantee that in June, it will pass. MOTION: Council Member Simpson moved to waive reading in full of all ,, ordinances and resolutions to be acted upon for the Council meeting of October 12, 1993. Council Member Pickler 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-200 through 93R-205, both inclusive, for adoption. Refer to Resolution Book. Al. 105: Receiving and filing a Disclosure of Property Interests in Redevelopment Areas from Thomas J. Holguin. A2. 150: Awarding the contract to the lowest responsible bidder, Warvi Construction, Inc., in the amount of $33,050 for Glover Stadium Concession Stand 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. A3. 169: RESOLUTION NO. 93R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE SANTA ANA RIVER TRAIL EXTENSION PROJECT. A4. 167: RESOLUTION NO. 93R-201.'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXPRESSING INTEREST IN PARTICIPATING IN A COUNTYWIDE SIGNAL PRE-EMPTION SYSTEM. Exploring the use of Measure M funds and other possible funding sources for traffic signal pre-emption along major fire response routes; or not exploring the use of Measure M funds for traffic signal pre-emption systems. (Continued from the meeting of September 28, 1993. ) Council Member Feldhaus. He does not support the use of Measure M funds on this item. If OCTA even has to ask, there already must be some question as to whether Measure M funds are appropriate for the pre-emption systems. They need to clarify which way the Council wants to go since there is an option. There is a Measure M Citizens Oversight Committee to administer recommendations for the use of the funds. Most people voted for Measure M to improve streets, freeways, etc. He does not feel those funds are an appropriate use for this purpose. He clarified he supports the possible par~ieipati0n in thi~ ~¥~t~m but not th~ use of Measure M funds. Mayor Daly. As he understands, a portion of Measure M funds are set aside distinctly for signal coordination purposes countywide. The way it has been framed leaves some of the basic information dangling. Council Member Simpson. It is his understanding if they use the amount of Measure M funds required to do the signal pre-emption program, it will take all the money set aside for the signal coordination program. Mayor Daly posed questions to Mr. John Lower, the City's Traffic and Transportation Manager wherein he (Lower) reported that there are 250 signals 723 City Hall, ~,aheim, California - COUNCIL MINtFTES - OCTOBER 12, 1993 - 5:00 P.M. in Anaheim. If each of those signals had signal pre-emption installed, that would be the 2 million dollar expenditure. Their recommendation is to focus on the major fire response corridors and the congested intersections along them. They are competing for 2.5 million per year in traffic signal coordination. There is a great deal of signal coordination that needs to be done in the City and throughout the County. Fire Chief Jeff Bowman. It is important to remember two issues. To put signal pre-emption on every signal would be very expensive. It has been determined that the intent of Measure M is to look at signal pre-emption not only on a limited basis in every city in the County, but also that it is designed to enhance traffic flow. The issue has been debated to a great extent for many years. Their concern is not necessarily that the Council consider spending money to retrofit every single intersection. There are many key intersections. Several are on Beach Boulevard at Orange, Lincoln and Ball Roads. They are traffic nightmares for fire in response. There are several intersections like those throughout the City on east, west, north and south bound major thoroughfares. They are key. After further discussion and questions, Chief Bowman stated it is his belief if they do not specify funds under Measure M, the project will never happen. He clarified for the Mayor he is in favor of staff's recommendation and recommends that the Council choose option I which is to explore the possible use of Measure M funds for signal pre-emption systems. Council Member Pickler. The reason he had initially requested a continuance, the coordination of all signals is already a part of Measure M and the total system. As Chief Bowman stated, if they do not get Measure M funds to help for signal pre-emption, it will never happen. He is looking at the welfare and safety of the citizens. It is important that they send a message that this be done. The City should indicate that Measure M funds be used as a possible funding source for traffic signal pre-emption. John Lower. Staff checked with the staff of OCTA today and thirteen cities have responded - three support using Measure M funds, three took no position and seven cities do not support the use of Measure M funds but support a countywide system. MOTION: Council Member Daly moved to support option 1 exploring the use of Measure M funds and other possible funding sources for traffic signal pre-emption along major fire response routes. Council Member Pickler seconded the motion. Council Member Feldhaus voted no. MOTION CARRIED. Council Member Daly offered Resolution No. 93R-201 for adoption, expressing interest in participating in a countywide signal pre-emption system. Refer to Resolution Book. Roll Call Vote on Resolution No. 93R-201 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-201 duly passed and adopted. A5. 160: Accepting the low bid of Joslyn Power Products c/o Matzinger- Keegan, Inc., in the amount of $129,796 for 160 SF-6 fuse holders and 162 fuses, in accordance with Bid #5173. 724 C£ty Hall~ ~nahe~m_~ Cal£forn£a - COUNCIL MINUTES - OCTOBER 12~ 1993 - 5:00 P.M. A6. 160: Accepting the low bid of Siemens Energy and Automation c/o Matzinger-Keegan, Inc., in the amount of $32,495 for one 69 K.V. oilless power circuit breaker for Dowling Substation, in accordance with Bid #5179. A7. 160: Accepting the low bid of Joslyn Power Products Corporation c/o Matzinger & Keegan, in the amount of $50,724 for six padmount, load- interrupting, SF-6 vacuum switches, in accordance with Bid #5176. A8. 160: Accepting the low bid of General Electric Company, in the amount of $29,160 for three 15.5 K.V. vacuum power circuit breakers, in accordance with Bid #5178. Ag. 160: Accepting the low bid of Aris Helicopter, LTD, in the amount of $22,299 for one main rotor hub assembly overhaul/exchange, in accordance with Bid ~5184. Al0. 128: Receiving and filing the Monthly Financial Analysis for eleven months ending May 31, 1993 by the Director of Finance. All. 128: Receiving and filing the Monthly Financial Analysis for one month ending July 31, 1993 by the Director of Finance. A12. 137: RESOLUTION NO. 93R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL NOTICE OF SALE AND AN OFFICIAL BID FORM IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. (Arena Land Acquisition Refinancing - Approximately $22 million.) Al3. 137: RESOLUTION NO. 93R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION REFUNDING BONDS, ISSUE OF 1993, AND AUTHORIZING ACTIONS RELATED THERETO. (General Obligation Bond Refinancing - Approximately $10 million. ) Al4. 000: RESOLUTION NO. 93R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING FEES TO BE CHARGED FOR PARK AND RECREATION PROGRAMS AND SERVICES. (Adult Softball League) 106: Amending the Fiscal Year 1993-94 budget by decreasing revenue account 101-213-4274-2601 and expenditure account 101-213-4274-7413 by $9,845. Al5. 156: RESOLUTION NO. 93R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FILING OF A PROPOSAL WITH THE UNITED STATES DEPART~NT OF JUSTICE FOR FUNDING ADDITIONAL POLICE OFFICERS UNDER THE POLICE ~IRING SUPPLEMENT PROGRAM. Mayor Daly. He thanked the City Manager for moving aggressively on the grant application. There is a potential source of funds for additional police officers for the City. The City Manager has stated this will be a very competitive grant. If the grant application is accepted, the City's commitment would be potentially to provide matching funds to hire additional police officers. Council Member Hunter. There is tough competition. He compliments staff but he notes it is a 60-40 split. The City would have to come up with 60% in matching funds. It does not solve the short-term problems with the police - 725 City Hall, ~nahe!m_, California - COUNCIL MINIFTES - OCTOBER 12, 1993 - 5:00 P.M. the manpower and being at the bottom of the rung in salary. The police have been without a contract for 1~ years. He feels they should still do something about the Transient Occupancy Tax (TOT) as he recommended last week (see minutes of October 5, 1993) taking 1% and earmarking that for public safety. It is necessary to agendize the matter for Council action. The City Manager has said that he is working on it. Also, the issue of the $500,000 for the school crossing guards, the payment for which comes out of City funds needs to be discussed. City Manager Ruth. The request was to bring back the TOT tax proposal and the $500,000 for the crossing guards. Those items will be brought back to the Council in two weeks on October 26, 1993. A16. 108: Approving and issuing a written report describing the measures taken to alleviate the condition which led to the adoption of Ordinances Nos. 5386 and 5388 temporarily prohibiting new adult entertainment businesses while the City was studying a new zoning proposal relating to such uses. A17. 123: To consider a ground lease between Herb Douglass and Ted Douglass and the City of Anaheim for public parking facilities adjacent to the Anaheim Arena. 149: To consider the construction, maintenance and operation of a public parking facility on the County of Orange Katella Maintenance Yard, located on the south side of Katella Avenue (Site 2). 149: To consider the construction, maintenance and operation of a public parking facility on property located north of the former County Transfer Station, and west of Douglass Road (Site 3). 169: To consider the construction of certain street improvements: Cerritos Avenue from Sunkist to Douglass Road; and on Douglass Road from Cerritos Avenue to north of Katella Avenue. (Continued from 9-14-93, 9/21/93, 9/28/93 and 10/5/93. ) This matter was again continued to the Council meeting of October 26, 1993 at the request of staff. A18. 114: Approving minutes of the City Council meeting held September 21, 1993. Al9. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 7, 1993, and ratified by the City Council on September 14, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. Roll Call Vote on Resolution Nos. 93R-200 throuqh 93R-205, both inclusive, for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 93R-200 through 93R-205, both inclusive, duly passed and adopted. 726 City Hall, ~_-aheim, Californ£a - COUNCIL MINUTES - OCTOBER 12, 1993 - 5:00 P.M. END OF CONSENT CALENDAR. MOTIONS CARRIED. 108: UTILITY USERS' TAX: Council Member Pickler. He would like to bring back the possibility of reinstituting the 2% Utility Users' Tax at the same time the TOT and school crossing guard issues are discussed. Council Member Pickler moved to agendize a discussion reinstituting the 2% Utility Users' Tax. Council Member Simpson seconded the motion. Council Member Hunter. The Council knows his position. Unless and until the Council earmarks monies generated from a Utility Users' Tax to public safety, he will not vote in favor of putting it back on the agenda. Unless Council Member Pickler is willing to attach to the motion that if it is placed on the agenda and reinstituted that the revenues generated will be devoted to the police problem, he will not vote favorably. Council Member Pickler. He does not want any strings attached. He does not want to make any predetermination. There are many departments besides the police that are hurting such as Parks and Recreation and the Libraries as well as others. Council Member Simpson. He feels it is too important an issue to be decided by two individuals. Absent a discussion which cannot be held today, they will never get to the goal of either one of them. He would urge at least putting it on the agenda. City Attorney White. So it is clear, if the motion passes, what would be on the agenda, because the current tax has expired, it would be necessary to again go through the noticing requirement under the Bergeson Bill which is a 60-day process and requires two public hearings before Council would be in a position to impose a utility tax. While the Council may place the item on the agenda for discussion in two weeks, the Council would not be in a position to consider an ordinance at that time. A vote was then taken on the motion that the Utility Users' Tax be placed on the agenda for Council discussion on October 26, 1993 and failed to carry by the following vote: AYES.' Pickler, Simpson NOES: Feldhaus, Hunter, Daly C2. 135: CITY'S GOLF COURSES - REQUEST STAFF TO PREPARE REQUEST FOR PROPOSALS: Inviting proposals for the private sector operation of the City's Golf Courses. The following people spoke on this item at the beginning of the Council meeting under Public Comments - Agenda Items: Jim Akin, Vice President, Anaheim Hills Golf Club. He has been asked by the Board of Directors to speak on behalf of the Club Members. The members represent the active players in the City and environs. They love the Anaheim Hills Golf Course and are opposed to privatization of the course. Presently they have an excellent organization in place with Don Poff as the head pro and Don Lewis, Golf Course Maintenance. It is their understanding that the 727 C£t¥ Hall~ ~,-ahe£~ Cal£fornia - COUNCIL NINUTE$ - OCTOBER 12~ 1993 - 5:00 P.N. enterprise fund in the City has sufficient funds to handle any potential capital improvements required. That would indicate there is not a need for privatization to save the course. A recent change in the organization of the City has placed the golf courses under the Parks and Recreation Department and they have a very positive and strong leader in Jack Kudron who has plans and is an excellent leader for making certain that the City has the best quality of courses in the County. With privatization, the City is striving for a relatively small increase in revenue with the possibility of jeopardizing the quality of maintenance. If there are any problems with maintenance with privatization, there will be less control and perhaps the City would later on have to come in and recover the quality. At present there is a positive and good organization in place. Diane Harris. She just recently learned of the possible privatization of the Anaheim Hills Golf Course. She lives close to the course. Anaheim's beautiful courses host hundreds of tournaments. She understands they provide 200,000 golfers with quality courses. To say they are successful is an understatement. To put at risk an asset as valuable as the City's courses for the possibility of gaining a little more money, much more money than might be gained could be lost in a very few months because of neglect and mismanagement. The quality of people at the courses and their loyalty should be an overriding consideration. The "Anaheim Way" is special. The two courses are contributing over 1.3 million to the General Fund this year and in addition have over 2 million in cash reserve for capital needs. She is appealing to the Council to use their common sense and business sense and vote no on going out to bid to privatize the golf courses. Ted Koziatek (Anaheim citizen for 33 years). He is petitioning the Council to reconsider any idea of voting for an RFP. The courses were developed over the past 30 years as recreational properties the same as Parks. During that period, they struggled and had to justify the maintenance and cost of the courses. There was a promise from the golfers - wait until they can pay off the mortgage and everything will be ok. That has happened. They were never established as a private enterprise profit center. He does not have the resources to give the Council facts and figures that would stand up next to the professional lobbyist. All he can do is appeal to the Council that the courses are manned by people who have been there for some time like Mr. Lewis and many others who are dedicated to the "Anaheim Way". There is no way they would continue in their capacity under privatization. Out of loyalty to the employees and citizens, he pleaded that the Council not give away the City courses. Ed Klein, Golf Commissioner. Golf has done very well in recent years and especially well in Anaheim. Golf contributed over 1.3 million to the General Fund last year through the fiscal year ending in June and it appears this year will be considerably better. They built a new club house at the Dad Miller Course which is completely paid for. Major improvements were made at Anaheim Hills and a reserve of 2.4 million has been built up. They anticipate the demand for golf will continue to rise. The Golf Commission is not against privatization. Much is already run by the private sector and much more could and probably should be. Their major concern is that with a turn-key lease arrangement, direct control of the courses will be lost. 728 City Hall~ ~-ahe£m~ Cal£fornia - COUNCIL MINIFTES -OCTOBER 12~ 1993 - 5:00 P.M. Probably more importantly, future increases and profitability of the courses would be shared with a private operator. Most of the examples in the area report showed a sharing of future improvements at $1 for the City and $2 for the new operator. The major concern is the control of the golf courses and the proper sharing with the City and the future profitability of the courses. Bob Porter. He is a senior citizen who is .representing himself. He is speaking on behalf of the Dad Miller Course. He would only remind the Council, "if it ain't broke, don't fix it". It is an excellent course and provides excellent service. It is well maintained and managed. He cannot see how any improvement could be made by any outside influence. It belongs where it is now - he urged that they just leave it alone. John Rasmussen. He lives in Garden Grove. On behalf of the courses, he has been a member of Anaheim Hills for 14 years. He has never seen a better public municipal course such as Anaheim Hills or Dad Miller at any time and he has played a lot of courses over 30 years. He has seen some outside agencies come into golf courses not thinking much about the players but about money. Anaheim Hills is a family get together and also Dad Miller. He believes it would be an injustice to bring somebody in and ruin something that the City built so well over the last 15 to 17 years. He was there when not too many played in Anaheim Hills because it was so rural. It is a beautiful place now and he would hate to see it destroyed. Greg Ramsay, 536 S. Priscilla Way, Anaheim (Resident for 27 years). The Council is not charged with the responsibility of employing as many people as possible in the City. They are to serve all their constituents. He believes that this request for proposal offers an opportunity to have a choice. There are many needs in the City. He would agree with the Council's opinion to look for ways to increase revenues without increasing taxes. It is appropriate to consider this as just an option. He would ask that they negotiate contracts that would offer the security to continue the services and quality of the services so they would not feel like they are being taken away from them. He asked that they support the option to have a request for proposal. Art Stahovich, 805 Ramblewood, Anaheim. As a private contractor, he does not like to be intimidated by hearing that the City does not need private contractors. There are contractors who are very efficient and who have built much of the City. City employees should take the "hard lumps" like everyone else. If the City can save a $1 and spend it properly, that is what they should do. William Storey, 3936 Roxbury Drive, Hemet. He is a friend of Anaheim, was raised here and it was his home for 43 years. He is proud of Anaheim's commercial resources - the Stadium, Convention Center, both golf courses and many fine public parks. If the courses go to privatization, that is a financial and recreational resource that the citizens of Anaheim will no longer have control over or the benefit of. If they go, what is to stop the rest from going. It is not about City employees and saving a dime. The courses have been built and advanced by the golfers and citizens of Anaheim. It would seem a shame to turn them over to private hands where the citizens would no longer get a benefit. 729 C£t¥ Hall~ /%_,ahe~,~ Cal£forn£a- COUNCIL MINUTES -OCTOBER 12~ 1993 - 5~00 P.N. Sharon Ericson, President, AMEA (Anaheim Municipal Employees Association). A letter was delivered to her today which she was asked to read this evening from Joseph LaRoche, President, Carbon Creek Homeowners Association, 175 N. Magnolia relative to the privatization of the Dad Miller Golf Course. The letter stated he represents 95 homeowners who oppose such privatization. The Carbon Creek Homeowners Association property faces the Dad Miller Course. It is crucial that the course is maintained in the beautiful and excellent manner it is now. Privatization would ruin the Dad Miller Course and, in turn, lower their property values. One of the companies they are considering is the same company that took over the Costa Mesa golf course. The golf course looks worse than it has ever looked and golfers are refusing to play there. They hope the Council will think about the homeowners instead of the General Fund when considering privatization. Mrs. Ericson continued with her own comments stating that last week a healthy discussion took place between Council Members later in the meeting regarding privatization of the golf courses when most everybody was gone. She heard several questions or statements made between the Council that she would like to address. (See minutes of October 5, 1993.) She then recounted statements and counter statements made by Council Members during the course of discussion. The public was not allowed to speak and could not give their comments to statements made that may or may not have been expressed correctly. The following are some of Mrs. Ericson's comments which countered some of the statements made. Ail public courses in Orange County are not contracted out. Although there was a public workshop on the issue, it was held at 3:00 p.m. when it is difficult for the public to attend and no public input was taken. (See minutes of August 24, 1993). There is no comparison between contracting out the golf courses and what was done with the Arena. The Arena is now run by a management company and the City has no control which is evident in the fact that the "Anaheim Way" is not the way of Arena personnel. Relative to the 75 golf course employees who would lose their jobs, she believes part of the Council could care less about the employees but some members do care. The courses are already built and she is defending the employees she represents. The pride and dedication shown by these employees are what has made the courses what they are today. If the courses are contracted out, the level of service will be drastically reduced in a short period of time. It is predictable what will happen if they go out for RFPs. She has yet to see an RFP come back without big ideas and big promises of money. These are salesmen. They will promise everything and will not deliver half of what they promise. In eonelud£ng, ~r~. Er£e~on ~hank~ eoune£1 M~mb~r~ ~unt~r and Simpson for being so supportive to the citizens on this issue. She also asked Council Member Pickler not to be a part of this. She knows that he cares for the City and citizens. Everyone is counting on him and she knows it is a tough position to be in. Some Council Members say they work for the taxpayers and want to save them money but she feels they will not save money in the long run. It is time to concentrate a little on the quality of life. She will restate what she said last week, the golf courses do not belong to the five Council Members but to the citizens of Anaheim. If they continue to go down this path, they need to let the citizens vote on the issue and put it on the ballot. 730 City Hall, ~__,aheim, California - COUNCIL MINUTES -OCTOBER 12, 1993 - 5=00 P.M. Marilyn Hauk, Vice President, AMEA. Some of the things in the letter the Golf Commission sent to the Council in September need to be pointed out. As far as profit potential, privatizing is not going to bring in a lot of revenue. The letter stated leasing the golf courses.would lock the City into an operator and the profitability to a set formula as opposed to right now where the City retains all of the revenue into the enterprise fund. Had the City done that in 1981, the City would have received only $20.0,000 per year. They have been able to completely fund the $2.3 Dad Miller Club House, pay off a $1.5 million debt at Anaheim Hills and contribute $1.6 back into the General Fund over the next two years. It is unfortunate that the only enterprise fund that cannot be sold off by three votes is utilities. She does not think it should only take three votes to sell off anything owned by the citizens of the City. It is not the Council's property but the citizens. Most of the people who spoke tonight have not been employees but citizens and golfers. If those are the people that the Council listens to, then she behooves them not to go out for an RFP. In summarizing, the letter also stated they did not believe the rationale was there to contract the courses out but to hold on to them because the potential for making more profit in the years to come is greater. If money is what it is about, she suggested that they keep the courses and not give up the control and not share the profit with a private entity. Sherry Cavanaugh. She is a waitress at the Anaheim Hills Golf Course. She is present to stand up for all of the employees. They are totally dedicated and devoted to their jobs. She asked that the Council help save their jobs. The input from the public was concluded at this point. Mayor Daly. He had asked that this be on the agenda this evening. It has come up in quite a few previous Council discussions, i.e., the possibility of contracting with a private golf course management company for the operation of the two public courses in Anaheim. Many good citizens have commented to the Council and he has received a number of calls this weekend. He feels that a lot of the information relative to the "doom and gloom" about the horrible prospects if the courses are contracted out are exaggerated. This is solely whether they should invite proposals from professional, private golf course management companies for the possible operation of Anaheim's golf courses. No decision to privatize can or will be made this evening. It is simply to determine if it is in the City's best interest to invite proposals from the private sector. He appreciates the love and respect the citizens feel for the courses and the belief they are operating as well as possible and producing as much revenue as ~o~iblo for tho Cit~'~ G~n~ral Fund. In th~ ~ituati0n th@ City is in today, cutti~'.'~' Library staff and Parks and Recreation staff and making cuts in ~o'ner parts of the budget, and when they have discussed and analyzed how to hire additional police officers and bring about additional programming which they need in Anaheim, they have a fiscal responsibility to evaluate private proposals. He for one is not decided as to whether private proposals will make sense for the operation of the courses. Looking around Orange County and all the public and private courses which are privately operated, he believes they owe it to the taxpayers to at least examine proposals. This has been done in many cities in Orange County with minimum disruption. There have been reports from as far away as Long Beach 731 C£ty Ha11~ Anahe£m, Cal£forn£a - COUNCIl., NTiS -OC~}BER 12, 1993 - 5~00 and as close as Fullerton where the contract service has worked very well. Relative to what would happen with public employees, it is his firm belief employees of the City's courses who understand the operation, are dedicated and have proven how good they are, private sector firms will look first to those types of employees for employment opportunities. They have been through all of the discussions. He does not think any of them can know what the possibilities are until they invite proposals. He believes anything else is a disservice to good public policy. MOTION: Council Member Daly moved to authorize and direct City staff to prepare an RFP inviting proposals for the private operation of the City's golf courses. Council Member Feldhaus seconded the motion. MOTION CARRIED. Council Member Feldhaus. There is no doubt in his mind they all love the ownership and operation of the golf courses but there are private operators who are making claims that they can net the City an additional I million dollars per year, which the Council can earmark for public safety. They claim the following: That capital improvements are in addition in the amount of $750,000 plus. They will establish an ongoing capital fund for refurbishments and maintenance, they will retain 75% of the existing employees and perhaps more, that the City will retain absolute control of the operations, including the fees, the playing policies, the maintenance and service standards of the courses and that the quality of the courses and the play will be monitored by City staff with frequent meetings and that a default clause should be put into the contract to penalize the private contractor for non-performance. Council Member Feldhaus then referred to the moves in the not too distant past to raise a tax for public safety purposes only and the attempt to change the charter to increase the transfer from Utilities to the General Fund also for public safety and both failed at the ballot box. People are saying they want more protection but are not willing to tax themselves to get it. This is an opportunity as a possible way for them to get the additional public safety and police officers. He reiterated he feels he would be abrogating his responsibility if they did not at least solicit for, and analyze, a proposal. Council Member Simpson. Based on the figures Council Member Feldhaus used, and he has not heard those before, an additional 1.7 can be taken out of the golf courses and still retain 75% of the employees. Somewhere in addition to that a profit margin has to be added for the private operator. He would assume then that somewhere in the neighborhood of 2 million dollars a year additional can be taken out of the golf courses. If that is the case, either the courses are currently being terribly mismanaged or someone knows a lot more about managing golf courses then the City's professionals. If they are saying it is irresponsible not to do that, he would assume they are going to follow that with discussions about the Convention Center, the Stadium and the va~iou~ 0thor ~nt~rpri~ opsrati0n~ of th~ City. H~ al~0 h~ard th~ ~tat~m~nt that other cities are doing it and successfully. He personally does not care unless there are lessons to be learned. He has always prided himself in the fact that Anaheim is the leader and not the follower. It is one of the reasons he came to Anaheim when he did at a cut in salary because Anaheim was on the leading edge of all technology. Anaheim built itself on the basis that it had visions and dreams and the courage to carry those out. To take away those things that created the total ambiance of the City is to look back and say they did not do it right in the first place. If there is that much more money to be taken out, he feels they would be better served to look at how they can do it in the City themselves as opposed to contracting it out and losing control over what he considers to be very valuable assets to the City. 732 City Hall, Anaheim, California - COUNCIL MI .NUTES - OCTOBER 12, 1993 - 5:00 P.M. The gentlemen who spoke about contracting out and the disrespect the City has for contractors, that is not true. The City currently contracts out approximately 138 million dollars which indicates the City has a lot of confidence in outside contractors. He suggests that the reason why so many look at Anaheim's golf courses is because they are "plums". Council Member Hunter. He echos Council Member Simpson's comments especially relative to the visions and the dreams. His stand on the Arena is well known and a lot of doomsayers said it would not be built and it would not be successful. Vision is the difference between Anaheim and other cities - local autonomy, and local control. By privatizing the courses, they are going to lose the control they have as a governing body as well as the citizens. Undoubtedly someone has come to some Council Members and made promises. They have not come to him and made those promises. He would tell them what they already know, that they have a very successful golf operation in the City with 1.6 million going to the General Fund and 2.4 million in reserves. As the gentlemen said, "if it ain't broke, don't fix it". Council Member Hunter continued, he has been on the Council for eight years and it is amazing how recently this came up. With all the lobbyists in the audience for the private contractors, if he were to ask them to stand up and raise their hands he doubts they would do that. They are here making promises. He had a survey given to him today of all the courses in Orange County and Los Angeles County and other courses in Southern California that are run and operated by private golf companies - American Golf, Golf Court and several others. Some of the courses are owned by the cities - the Fullerton course operated by American Golf - rating, low quality, terrible golf carts; Orange County - Willowick, Garden Grove - terrible course, terrible golf carts, low quality, etc. There are many cities who have contracted out who are now saying they have made a mistake. It goes back to the "Anaheim Way" which is so evident at the Stadium and the Convention Center and what they have at the golf courses. He questioned how the private operators are going to run the courses and make a good profit - are they going to hire illegals? He urged that they look at the City's medians that are presently contracted out. He was told by someone who is taking care of the facilities at the Police Department that illegals are taking care of the police station. They are going to put good American citizens out of a job. How are they going to cut corners in order to make a profit. He questioned when are they going to get back to the loyalty and pride they have always had in the City. They need to get back to self-control and local autonomy otherwise next will be the Convention Center and the Stadium. It is time they draw a line in the sand and say enough is enough. Council Member Pickler. Last week and this week Council Member Hunter has said that certain consultants went to certain members of the Council. He (Pickler) knows for a fact one went to see Council Member Hunter. He does not know what the c0nv~rsati0n was but they did sit down with him in his office. It is not true when (Hunter) says it did not happen. Council Member Hunter. No golf course company has ever come to him. No one has given him a proposal. No one has come to him about the golf courses. He confirmed for Council Member Pickler that American Golf has not. Council Member Pickler. He has been to the Arena and finds that the people there are very courteous and do welcome most everyone. Relative to the golf courses, last night and today he has received quite a few calls. Considering those calls and along with the testimony heard tonight, he does not know whether he is ready to make a decision now or not. He would like to digest 733 City Hall, ~_~ahe!~_, California- COUNCIL MINUTES -OCTOBER 12t 1993 - 5~00 P.M. what he has heard tonight and come back two weeks from tonight. He would like to evaluate the matter a little more. He has talked to City Manager Ruth and he (Ruth) has talked to some of the courses. He would also like to get some additional information from the City Manager. They have waited this long and he would like to wait a little longer. If he can get a concurrence, he would like to continue this issue another two weeks but without a public hearing. City Attorney White. There is no public hearing per. se. If the matter is carried over to another agenda, any member of the public under the Brown Act would have the right to speak about any subject on the agenda or not on the agenda. Council has the discretion under their own rules to adhere to the 10 minute per subject time limit. Tonight they certainly deviated from that and allowed extensive discussion. If this is carried over, there would need to be the right given to the public within those time frames or whatever time frames are allowed. Council Member Pickler. He asked that that be done and that they allow 10 minutes total. He then explained for the Mayor that the kind of additional information he wants, he knows the City Manager has talked to a couple of the proponents for the RFP. He has information he would like to get and also talk to some of the people who made the phone calls to him last night as well as to digest all of the input they received today. He would like the opportunity to evaluate the information and then make a decision. Council Member Hunter. One thing he was told tonight by staff which was probably not shared with other members is the possessory interest tax the private contractor would have to pay just on the Anaheim Hills Golf Course alone. The numbers were something like 36 million dollars. Therefore, the possessory interest tax would be $360,000. No one has given him numbers like they have given to Council Member Feldhaus. A good example is the possessory interest tax where the private contractors have been estimating the taxes they would be paying would be around $60,000. That is wrong. The taxes would be more like $360,000. That is a little mistake that they perhaps have not taken into consideration. He questioned, why, whoever the people are, they just did not put material in the Council mail boxes to let the Council Members know what they are thinking about. Mayor Daly. The best way to get binding numbers is to get an RFP. He also stated that the last fiscal year the courses made $800,000 and that the projection for transfer to the General Fund in 1993-94 is 1.3 million; Council Member Feldhaus. The $800,000 figure was due to the unusual March rains. Mayor Daly. Until they invite proposals, like any business or government should to compare and contrast, they will not know what private sector proposals might mean. Council M~mb~r Rune~r. R~ ~a~d ~hat they ~hould put it on th~ ballot and let the citizens vote. It is a big issue. It would be like the Convention Center or the Stadium. It is bigger than the five of them. Council Member Pickler. He would like two weeks and to limit the input to 10 minutes; Council Member Hunter. He does not think they should set a time limit. People want to be able to come and speak. He hopes the people who are present tonight come back again. He feels the Council is going to delay until nobody is present and then vote on it and that is wrong. Mayor Daly. He wants information and proposals; Council Member Hunter. He wants to vote tonight. 734 C£2y Hall, Anahe£m, Cal£forn£a - CouNCIL MINUTES - OCTOBER 12, 1993 - 5:00 P.M. City Attorney White clarified for the Mayor that the motion to continue the matter supersedes the original motion. The Mayor thereupon seconded the substitute motion commenting that he did not think limiting the input to 10 minutes was a necessary part of the motion. A vote was then taken on the foregoing motion to continue discussion and action on the request for staff to prepare an RFP inviting proposals for the private sector operation of the City's golf courses for two weeks to October 26, 1993. Council Member Hunter voted no. MOTION CARRIED. ITEMS B1 - Bll FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 12, 1993 ~ B1. 155: ENVIRONMENTAL IMPACT REPORT NO. 312, RECLASSIFICATION NOt 92-93-09, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3608: OWNER: Pick Your Part Auto Wrecking, a California Corporation, 1301 E. Orangewood Avenue, #130, Anaheim, CA 92805 AGENT: Philip R. Schwartze, 27132 Paseo Espada, ~1222, San Juan Capistrano, CA 92675 LOCATION: 1235 South Beach Boulevard. Property is approximately 4.5 acres located on the west side of Beach Boulevard and approximately 330 feet south of the centerline of Ball Road. To permit an automobile fluid drainage area and used automobile sales area in conjunction with an automobile dismantling and recycling facility on the adjacent parcel to the south (in the City of Stanton) with waiver of maximum fence height. ACTION TAKEN BY THE PLANNING COMMISSION: Reclass No. 92-93-09 WITHDRAWN (7 yes votes). CUP NO. 3608 DENIED (PC93-104) (5 yes votes, and 2 no votes). Denied waiver of code requirement (5 yes votes, and 2 no votes). A letter of appeal of the Planning Commission's decision was submitted by the owner, Pick Your Part Auto Wrecking and therefore a public hearing was scheduled for October 26, 1993. B2. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3635, AND NEGATIVE DECLARATION: OWNER: City of Anaheim Redevelopment Agency, Attn: Brent Schultz, 201 $. Anaheim Blvd., Ste. 1003, Anaheim, CA 92805 AGENT: Boys and Girls Club of Anaheim, Attn: Michael Sofia, P.O. Box 350, Anaheim, CA 92815 LOCATION: 311 East Broadway. Property is approximately 1.02 acres located on the north side of Broadway between Philadelphia Street and Olive street and having frontages of approximately 135 feet on the east side of Philadelphia Street and 135 feet on the west side of Olive Street. To permit a private recreational club (Boys and Girls Club of Anaheim) with waiver of minimum landscaping requirements. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3635 GRANTED, IN PART (PC93-105) (7 yes votes). Denied waiver of code requirement (petitioner withdrew that part of the request ). Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 2160 AND NEGATIVE DECLARATION: OWNER: Ralph Alexander, 1874 S. Anaheim, Blvd, Anaheim, CA 92805 735 City Hallr Anahe'__~r Cal£forn£a - COUNCIL MINUTES - OCTOBER 12r 1993 - 5~00 P.M. AGENT: Farano and Kieviet, Attn: F. Farano, 2100 S. State College Blvd., Anaheim, CA 92806 LOCATION: 1874 S. Anaheim Blvd. Property is approximately 1.01 acres located on the northeast side of Anaheim Boulevard and approximately 690 feet northwest of the centerline of Gene Autry Way. Petitioner requests amendment or deletion of a condition of approval pertaining to the time limitation of previously-approved recycling facility. ACTION TAKEN BY THE PLANNING COMMISSIOn: GRANTED CUP NO. 2160 for 2 1/2 years to expire on 3/20/96 (PC93-106) (7 yes votes). Negative Declaration previously approved. B4. 179: WAIVER OF CODE ~EQUI~EM~NT, CONDITIONAL USE PERMIT NO. 3547 AND NEGATIVE DECLARATION~. OWNER: Daniel Rubalcaba, 510 N. East Street, Anaheim, CA 92805 AGENT: James Ramo, 1004 S. Hathaway, Unit "P", Santa Ana, CA 92705 LOCATION: 500-530 N. East Street. Property is approximately 1.16 acre located at the northeast corner of Sycamore Street and East Street. To permit a 700-square foot storage area addition to an existing retail center with waiver of minimum number of parking spaces and maximum structural height. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3547 APPROVED REVISED PLANS (PC93-107) (7 yes votes). Approved waiver of code requirement. Negative Declaration previously approved. B5. 179: RECLASSIFICATION NO. 93-94-02 AND NEGATIVE DECLARATION: OWNER: Mutual Citrus Products Company, Attn: R. F. Daunais, Pres., 424 S. Atchinson St., Anaheim, CA 92805 AGENT: Farano and Kieviet, Attn: T. Kieviet, 2100 S. State College Blvd., Anaheim, CA 92806 LOCATION: 406-412 S. Kroeger Street. Property is approximately 0.43 acre located on the east side of Kroeger Street and located approximately 190 feet north of the centerline of Santa Ana Street. To reclassify property from the RM-1200 (Residential, Multiple Family) Zone to the ML (Industrial, Limited) Zone. ACTION TAKEN BY THE PLANNING COMMISSION: Reclassification No. 93-94-02 GRANTED (PC93-108) (6 yes votes, 1 no vote). Approved Negative Declaration. REPORTS AND RECOMMENDAT!ONS: B6. 179: CONDITIONAL USE PERMIT NO. 3400 - REVIEW OF LANDSCAPE PLANS: REQUESTED B¥~ L~ L~d~r~r LOCATION: 1440 South Anaheim Boulevard. Petitioner requests review of landscape plan for Conditional Use Permit No. 3400 (to permit an indoor swapmeet). ACTION TAKEN BY THE PLANNING COMMISSION: Approved landscape plan for CUP NO. 3400 as revised. B7. 179: CONDITIONAL USE PERMIT NO. 3571 - REVIEW LANDSCAPE PLANS: REQUESTED BY: Jonathan Petke, Pac Tel Cellular LOCATION: 1527 E. Broadway (portion of Lincoln Park). Petitioner requests review and approval of landscape plans. ACTION TAK_EN BY THE PLANNING COMMISSION: 736 City Hall~ ~nahe£m~ Cal£forn£a - COUNCIL NI~S -. OCTOBER 12, 1993 - 5.'00 P.N. Approved landscape plans for CUP NO. 3571 (6 yes votes, i no vote). B8. 134: RRQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED LEASE OF OFFICE SPACE IN ORDER TO PROVIDE ADULT MENTAL HEALTH SERVICES: REQUESTED BY: Orange County General Services Agency. LOCATION: 2031 East Ball Road. ACTION TAKE_N BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan. B9. 134: REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED USE OF DONATED OFFICE SPACE AT THE BROOKHURST COMMUNITY CENTER IN ORDER TO PROVIDE PREVENTATIVE HEALTH SERVICES FOR INDIVIDUALS FIFTY-FIVE YEARS AND OLDER: REQUESTED BY: Orange County General Services Agency. LOCATION: 2271 West Crescent Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan. B10. 134: BEQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE PROPOSED USE OF DONATED OFFICE SPACE AT STODDARD ELEMENTARY SCHOOL IN O~DER TO PROVIDE PHYSICAL AND OCCUPATIONAL THERAPY FOR CHILDREN AND YOUNG ADULTS WITH DISABILITIES. REQUESTED BY: Orange County General Services Agency. LOCATION: 1814 South Ninth Street. ACTION TAKEN BY THE PLANNING COMMISSION: Determined to be in conformance with the Anaheim General Plan. Bll. 179: CONDITIONAL USE PERMIT NO. 3413 - REQUEST FOR PLANNING COMMISSION DETERMINATION REGARDING PARKING LAYOUT AND DESIGN: LOCATION: 2521 East Ball Road. Planning Department staff requests Planning Commission determination regarding parking layout and design in conjunction with Conditional Use Permit No. 3413 (to permit the expansion of a restaurant with on-sale beer and wine). ACTION TAKEN BY THE PLANNING COMMISSION: Determined that the parking layout and design complies with City layout design criteria. END OF THE PLANNING COMMISSION ITEMS IT~_MS B12 - B14 FROM THE ZONING ADMINISTRATOR MEETING OF SEPTEMBER 30, 1993: DECISION DATE: OCTOBER 6, 1993 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOB_ER 21, 1993 (OCTOBER 16t 1993 FOR THE TENTATIVE PARCEL MAP}: B12. 170: TENTATIVE PARCEL MAP NO. 91-164, CATEGORICALLY EXEMPT, CLASS 15: OWNER~ R.~. E£~gl~, 919 East ~outh ~tr~Qt, Anaheim, CA 92805 AGENT: DMC Engineering, 4840 Irvine Boulevard, Ste. 208, Irvine, CA 92720 LOCATION: 919 East South Street. Property is approximately 3.6 acres located at the northwest corner of South Street and Rose Street. To request approval of a two-lot subdivision. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Tentative Parcel Map No. 91-164 APPROVED (Decision No. ZA93-54). 737 City Hall, ~,aheim, California - COUNCIL MINUTES - OCTOBER 12, 1993 - 5:00 P.M. A review of the Zoning Administrator's decision was requested by Council Members Pickler and concurred in by Council Member Daly, and therefore, a public hearing will be set at a later date. B13. 179: CONDITIONAL USE PERMIT NO. 3637 AND NEGATIVE DECLARATION: OWNER: Tawa Anaheim Plaza, California Limited Partnership, 6281Regio Avenue, Buena Park, CA 90620 AGENT: Ten Ten Seafood Corp., 669 North Euclid Street, Anaheim, CA 92801 LOCATION: 669-671 North Euclid Street (Ten Ten Seafood Restaurant). Property consists of approximately 10.55 acres, located at the northwest corner of Crescent Avenue and Euclid Street. To permit on-premise sales and consumption of beer and wine in conjunction with an existing restaurant. ACTION TAK_EN BY TH~ ZONING ADMINISTRATOR: CUP NO. 3637 APPROVED (Decision No. ZA93-55). Approved Negative Declaration. B14. 179: ADMINISTRATIVE ADJUSTMENT NO. 0085: OWNER: Mary Lee MC William, 23692 Via Pellicer, Mission Viejo, CA 92692 AGENT: Dr. Ramin Dadighi, 1160 Via Labrisa Lane, Corona, CA 92720 LOCATION: 330 North State College Boulevard. To establish a 2,794 square foot dental office, with waiver of minimum number of parking spaces. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Adjustment No. 0085 APPROVED (Decision No. ZA93-56). END OF THE ZONING ADMINISTRATOR ITEMS. B15/B16/B17. 179: ORDINANCE NOS. 5400, 5401 AND 5391 FOR ADOPTION: ORDINANCE NO. 5400 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 91-92-11 located at 3200 E. Carpenter Avenue from the RS- A-43,000 zone to the ML zone. (Introduced at the meeting of October 5, 1993, Item B3. ) ORDINANCE NO. 5401 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 93-94-01 located at the northeast corner of Katella Avenue and Douglass Road from the ML zone to the PR zone. (Introduced at the meeting of October 5, 1993, Item B4. ) ORDINANCE NO. 5391 - ADOPTION: Amending various sections of Title 18 of the Anaheim Municipal Code relating to roof- and ground-mounted equipment. (Reintroduced at the meeting of October 5, 1993, Item B5, introduced at the mee%~ng ~{ Augu§~ 9~, 1~9], I~m B7, and continued from the meetinQ of September 14, 1993, Item B7. ) Council Member Pickler offered Ordinance Nos. 5400, 5401 and 5391 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5400: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-11 located at 3200 E. Carpenter Avenue from the RS-A-43,000 zone to the ML zone). 738 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 12, 1993 - 5~00 P.M. ORDINANCE NO. 5401: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (Reclassification No. 93-94-01 located at the northeast corner of Katella Avenue and Douglass Road from the ML zone to the PR zone). ORDINANCE NO. 5391: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOF- AND GROUND-MOUNTED EQUIPMENT. Roll Call Vote on Ordinance Nos. 5400, 5401 and 5391 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5400, 5401 and 5391 duly passed and adopted. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. Chairman Daly reconvened the Anaheim Redevelopment Agency. (7:27 p.m. ) D1. 161: CONTINUED JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL - AREA 5 DISPOSITION AND DEVELOPMENT AGREEMENT: To consider the Area 5 Disposition and Development Agreement between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc., indicating the terms and conditions of the sale of certain real property within Redevelopment Project Alpha. Area 5 Disposition and Development Agreement is for the construction of 66 townhomes and 85 single-family homes on the site which is bounded by Lincoln Avenue on the north, Broadway on the south, East Street to the east and the Atchison, Topeka and Santa Fe Railroad right-of-way to the west. RESOLUTION NO. - ...... (AGENCY): Approving and authorizing execution of the Disposition and Development Agreement by and between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc., and making certain findings in connection with the provision of certain public improvements; making certain findings regarding the Negative Declaration for such Agreement; and making certain findings regarding a minor variation in land use under the Redevelopment Plan for Project Alpha. MOTION Approving the Basic Concept Drawings, landscape plans, product finishes and color and material board for the project. RESOLUTION NO. - ...... (COUNCIL): Consenting to the approval of the sale by the Anaheim Redevelopment Agency of certain real property as set forth in the Disposition and Development Agreement (Area 5) by and between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc.,; and making certain findings in connection with the provision of certain public improvements; making certain findings regarding the Negative Declaration for such Agreement; and making certain findings regarding a minor variation in land use under the Redevelopment Plan for Project Alpha. 739 City N_a11, ~_,ahe!m_, California - COUNCIL MINUTES - OCTOBER 12, 1993 - 5:00 P.M. PUBLIC NOTICE RE_QUIREMENTS MET BY...'.. Publication in Anaheim Bulletin- September 14 and September 21, 1993 Previously submitted was report dated September 28, 1993 from the Community Development Department recommending a two-week continuance of the subject public hearing to this date. Submitted for this meeting was report dated October 12, 1993 from the Community Development Department recommending the adoption of certain resolutions relating to the Disposition and Development Agreement and Environmental Findings therefor as well as recommending approval of the basic concept drawings. Chairman/Mayor Daly. Staff has again recommended a two-week continuance on this item and he assumes that recommendation still stands. He then asked if anyone wished to speak; there was no response. MOTION: Agency/Council Member Daly moved to continue the subject public hearing for two weeks to October 26, 1993. Agency/Council Member Simpson seconded the motion. MOTION CARRIED. ADJOURNME_NT - REDEVELOPMENT AGENCY: Agency Member Pickler moved to adjourn the Anaheim Redevelopment Agency. Agency Member Daly seconded the motion. MOTION CARRIED. ( 7: 30 p.m. ) D2. 176: PUBLIC HEARING - ABANDONMENT NO. 93-7A: In accordance with application filed by The Anaheim Redevelopment Agency (Universal Alloy Corporation), a public hearing was held on proposed abandonment of a certain easement portion of La Mesa Avenue extending from a point approximately 160 feet east of Blue Gum Street to the easterly terminus pursuant to Resolution No. 93R-184 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the Community Development Department dated September 14, 1993 was submitted recommending approval of said abandonment. Natalie Lockman, Principal Civil Engineer confirmed that staff recommends approval of said abandonment. This is at the terminus of a dead-end street with no plans to continue it any further. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT R~PORT - CATEGORICAL EXEMPTION: On motion by Council Member Pickler, 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 requlremen%~ ~o~ an ~.nvi~onm~n~al Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-2062 for adoption, approving Abandonment No. 93-7A. Refer to Resolution Book. RESOLUTION NO. 93R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A PORTION OF LA MESA STREET LOCATED EAST OF BLUE GUM STREET (ABANDONMENT NO. 93- 7A ) . Roll Call Vote on Resolution No. 93R-206 for adoption: 740 City Hall, ~ahe£m, Cal£forn£a - COUNCIL NINUTES - OCTOBER 12, 1993 - 5~00 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-206 duly passed and adopted. MOTION: Council Member Pickler moved to waive Council Policy No. 216 as recommended in staff report dated September 14, 1993.. Council Member Simpson seconded the motion. MOTION CARRIED. D3. 108: EXTENSION OF INTERIM ORDINANCE NO. 5386 PROHIBITING THE ESTABLISHMENT OF NEW "ADULT ENTERTAINMENT BUSINESSES" WITHIN THE CITY PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 5399 ESTABLISHING NEW REGULATIONS CONCERNING SUCH USES: To consider adoption of an urgency ordinance extending Ordinance No. 5386 prohibiting certain Adult Entertainment Businesses as defined in Section 18.89.020 of the Anaheim Municipal Code for an additional period of time to expire on November 5, 1993, which is the date Ordinance No. 5399 containing new regulations for such businesses becomes effective. ORDINANCE NO. 5402- URGENCY.'.. Extending Ordinance No. 5386, as heretofore extended by Ordinance No. 5388, an interim measure prohibiting certain uses of property which may be in conflict with a zoning proposal the City has recently adopted but which is not as yet effective, and declaring that this ordinance is an urgency measure which shall take immediate effect. Submitted was report dated October 6, 1993 from the City Attorney recommending that the Council conduct a public hearing and thereafter adopt the proposed ordinance as an emergency measure extending interim Ordinance No. 5386. City Attorney White. This ordinance would extend the existing moratorium for an additional two weeks to expire contemporaneously with the effective date of the new adult business ordinance previously adopted. Originally staff timed the moratorium to expire on what they presumed would be the effective date of the new ordinance. The Council may recall that they continued consideration of the new ordinance two weeks in order to complete mapping of the possible sites available for these uses. Therefore, to make the time periods coincide, it would be in order to adopt an extension of the current moratorium which would expire November 5, 1993 which is the date the new ordinance takes effect. This is a public hearing and after closing the hearing, it would be necessary that he read the complete ordinance since it is an urgency matter which would subsequently require a 4/5ths vote for adoption. Mayor Daly opened the public hearing and asked to hear from anyone who wished to speak on this matter. No one asked to speak either in favor or in opposition, therefore, the public hearing was closed. City Attorney White read Ordinance No. 5402 in its entirety. At the conclusion of the reading, Council Member Daly offered Ordinance No. 5402 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5402 - URGENCY: AN ORDINANCE OF THE CITY OF ANAHEIM EXTENDING ORDINANCE NO. 5386, AS HERETOFORE EXTENDED BY ORDINANCE NO. 5388, AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY HAS RECENTLY ADOPTED BUT WHICH IS NOT AS YET EFFECTIVE, AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. 741 City Hall, Anaheim, California - COUNCIL MINUTES -OCTOBER 12, 1993 - 5:00 P.M. Roll Call Vote on Ordinance No. 5402 for adoption= AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5402 duly passed and adopted. Cl. 107: POOL ROOM PERMIT APPLICATION - ELECTRIC CIRCUS: Request for pool room permit application submitted by Allen David Ornstein, 5295 Cameron #408, Buena Park, CA 90621. The business is located at 314 N. Beach Boulevard - Electric Circus. The petitioner is requesting a pool room permit to operate 15 billiard tables at the establishment. Submitted was report dated September 28, 1993 from the Planning Department/Code Enforcement Division recommending that the Council approve the application submitted by Alan David Ornstein to operate 15 billiard tables at 314 N. Beach Boulevard. MOTION: Council Member Feldhaus moved to approve the pool room permit in accordance with staff recommendation in report dated September 28, 1993 from the Planning Department/Code Enforcement Division. Before further action was taken, Mayor Daly asked for clarification that the Police Department concurs with the Planning Department/Code Enforcement Division that the permit should be approved; an affirmative answer was given by a representative of the Police Department who was present in the Chamber audience. Council Member Hunter seconded the motion. Council Member Pickler. He is going to vote against the motion. Another such permit was just approved on Beach Boulevard. This is an area where they have to be careful what they approve. Pool rooms seem to bring in an element detrimental to the City. The Police have to go out there many more times. He was out at Beach and Orange and when they call for police, they have problems getting the police to respond and they tell the people to make citizens arrests. It is not an environment they need to encourage especially in that area. City Clerk Sohl. For clarification, the applicant, Allen David Ornstein has indicated he would like the permit for 15 pool tables made out to himself jointly with Mr. Yuk Ting Lau. She has talked to the City Attorney and he has no problem. They would put all the pertinent information concerning Mr. Lau on Mr. Ornstein's application instead of having two separate applications. The documents will be amended. City Attorney White. They submitted two applications and the permit will be combined in one permit under both names. The Police Department recommends ~hat the permi~ Be llmlte~ to one yea~. I~ %hey ~o l~m~% [%, a~ %he end o~ that time, the applicant would need to seek another approval at the expiration of that one year. Mayor Daly. He shares Council Member Pickler's concern relative to the number of police calls that may be required. However, since their recommendation includes a one-year provision, he feels it is reasonable especially since the Police Department reviewed this and is recommending approval. If they have police records available one year from now they can determine the experience of the business. It will be interesting to see how it works out. 742 C£~,y Hall~ ~nahe~_m_~ Cal£forn£a - COUNCIL MINUTES -OCTOBER 12~ 1993 - 5.-00 P.M. Council Member Pickler. If the permit is going to be approved, he would like a report back in five or six months in order to know what the experience has been. The motion was subsequently amended to include that a report be submitted in 6 months on the business and with the understanding that the permit is approved for one year only. A vote was then taken on the motion. Council Member Pickler voted no. MOTION CARRIED. C3. COUNCIL COMMENTS 114: PANHANDLING ORDINANCE: Council Member Feldhaus inquired as to the status of the panhandling ordinance that was to be drawn up by the City Attorney; City Attorney White. The proposed ordinance will be on the Council agenda of October 26, 1993. 114: FUNDS FOR SPECIAL GRAFFITI PROGRAM: Council Member Feldhaus. A few weeks ago he inquired as to the possibility of funding an additional $25,000 for continuation of the special graffiti program which was very successful. City Manager Ruth. He will be recommending that the money come from Council contingency funds. This will give three or four months of continued service. Staff will be coming back to the Council with that recommendation. ADJOURNMENT: By general Council consent the meeting of October 12, 1993 was adjourned. (7:50 p.m.) No Council meeting is scheduled for October 19, 1993, as a quorum is not expected since some Council Members will be attending the Annual League of California Cities meeting. LEONORA N. $OHL, CITY CLERK 743