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1992/02/25City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly (entered @ 3:15) and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau UTILITIES ASSISTANT GENERAL MANAGER-FINANCE & ADMIN: Darrell Ament CONSERVATION PROGRAM COORDINATOR: Atossa Soltani UTILITIES GENERAL MANAGER: Edward Aghjayan EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich TRAFFIC & TRANSPORTATION MANAGER: John Lower ZONING ADMINISTRATOR: Annika Santalahti A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on February 21, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of February 25, 1992 to order at 3:10 p.m. City Manager, James Ruth. He introduced the presentation to be given by the Utilities Department relative to water conservation. 175: WATER CONSERVATION UPDATE - PUBLIC UTILITIES DEPARTMENT: Darrell Ament, Public Utilities Assistant General Manager/Finance and Administration. The presentation is to give a status on the rainfall and snowfall that has been occurring and an update on the water supply situation and demand side management/conservation program - what they have done during the past year and where they are headed in the future. The presentation will be given by Atossa Soltani who has been serving as the Conservation Program Coordinator up until two weeks ago. She had made a previous presentation on the program to the Public Utilities Board (PUB). Atossa Soltani, Conservation Program Coordinator (Water Conservation Program). She gave an extensive presentation supplemented by slides which covered amongst other issues, Anaheim's water use profile, statewide water outlook, average snow pack, reservoir storage capacity, etc. She pointed out that due to the "miracle" rainfall in February, Anaheim's rainfall is at 131% of where it should be for the year compared to 9_1% in February, 1991. The State Water ~rojeet did not fare a~ well although much better than February, 1991 (24%) which is presently at 68% of where it should be at this time. Currently, the snow pack for the northern part of the State is @ 83'%, central 62%) south 68% and statewide 78% compared to February of 1991 of 18%, 12%, 11% and 14% respectively. The crucial thing is that the State Water Project will have to improve its yield for the year. The City is currently at Stage V and MWD (Metropolitan Water District) has asked the City to cut back water demand from them by 31%. Depending on how the rainy season fares in Northern California water sheds, the City will be moving either up or down a stage. Stage V is where the City is going to stay if conditions do not improve, but there is a possibility to go to Stage IV depending on what the remainder of the rainy season will bring. Ms. Soltani continued her presentation covering potential supply projects, long-range water supply picture from 1995 to 2010 showing the resource mix, Anaheim's twenty-year water forecast and how the City is going to meet its future 128 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. demand for water, program cost comparisons per acre foot, Anaheim's long-term conservation and reclamation goal (of all new growth and water demand, 40% will be made through conservation), etc. Mr. Ament interjected and pointed out that the Utilities Department views conservation or demand side management as an alternative resource. Rather than spending more to buy more capacity from MWD or to drill more wells, they can take dollars and spend them to buy capacity back from customers similar to what they are doing in electric and help hold costs down to the consumer. That is the goal in all such programs. In concluding the presentation, Ms. Soltani briefed the 1991 Water Conservation Program accomplishments and drought response program. The goal in meeting future water challenges is, "to supply our customers with a high quality reliable water supply in a cost effective and environmentally responsible manner." Subsequently, Council Members posed questions which were answered by staff members including Mr. Ed Aghjayan the Public Utilities General Manager. Mr. Ament also stated that the Council would be supplied with hard copies of the slides that were shown. Before concluding, Council Member Simpson stated he attended a meeting this morning which was also attended by MWD wherein questions were asked relating to sensitive . areas. He feels it would be of benefit to have MWD make the same presentation to Anaheim in a future workshop. RECESS - CLOSED SESSION: Council Member Hunter moved to recess to Closed Session to consider the following items. Council Member Ehrle seconded the motion. MOTION CARRIED. (3: 50 p.m. ) 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. 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present and welcomed those in attendance to the Council meeting. (5:17 p.m. ) INVOCATION,,:,, Dr. Bryan Crow, the Garden Church, gave the invocation. FLAG SALUTE: Council Member William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 129 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. 119: PRESENTATION - ROBERT DOTY: Mayor Hunter presented a plaque to Mr. Robert Dory recognizing his years of service on the Community Redevelopment Commission. The Mayor noted that Mr. Dory served in his capacity from 1979 to 1991. The Council commended him on his tenure on the Commission and for his dedication in serving the Anaheim community. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Save Your Vision Week in Anaheim, March 1-7, 1992 Social Work Month in Anaheim, March, 1992 Women's History Month in Anaheim, March, 1992 Carolyn Nibler accepted the Save Your Vision Week proclamation; Jean Moonilal accepted the Social Work Month proclamation and Charlotte Brady accepted the Women's History Month proclamation. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing and congratulating Loara High School as the 1991 winner of the Orange County Mock Trial Competition. Mr. Richard Barron, Mock Trial Team Coach was present to accept along with Thomas Afdief, Attorney Coach and Mr. Barry Esco, Principal. Mr. Barron stated that they were proud to represent Anaheim for the first time in 11 years of the competition. They are going to Sacramento on April 9, 10 & 11 and hope to bring back the State Crown which will subsequently send them to Madison, Wisconsin for the finals. He introduced members of the team who were present, Gracie Madron who subsequently introduced Gloria and Bethany Otuteye. Mayor Hunter and Council Members commended the team and wished them well in the forthcoming competitions; Council Member Pickler stated that the team consisting of 22 members is soliciting contributions of whatever amount to cover expenses to Sacramento. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted and ratified by the City Council recognizing Patricia Pat Jones retiring from the Anaheim Board of Realtors following 35 years of service (the Declaration was previously presented by Mayor Pro Tem Daly on February 14, 1992). 119: DECLARATION OF CONGRATULATIONS: A Declaration of Congratulations was unanimously adopted by the City Council and presented to Margaret Sullivan, member Emeritus o£ the Commun£~y Services Boar~. Mrs. ~ull£van was Sofia and Jackie Terrell. Mrs. Sullivan (89 years old) was honored for her previous service on the Board, having been one of its original charter members (1976) and serving until 1991. ~ayor Hunter and Council Members personally congratulated Mrs. Sullivan and presented her with her name plaque and her Community Services Board identification pin. 119: DECLARATION OF RECOGNITION AND CONGRATULATIONS: A Declaration of Recognition and Congratulations was unanimously adopted by the City Council and presented to Mr. James Arms upon his retirement from the City's Data Processing Department following over 20 years of service. Mayor Hunter and Council Members congratulated Mr. Arms and commended him for his dedicated service to the City and citizens of Anaheim. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Don Dey, Principal Traffic Engineer who has been instrumental in the success of Anaheim's nationally recognized Traffic 130 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. Management System. Mayor Hunter and Council Members commended Mr. Dey on his outstanding dedication and commitment to Anaheim in the 6 1/2 years he has been with the City and all joined in congratulating him upon accepting the position of Transportation Manager for the City of Menlo Park. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,959,601.89 for the period ending February 14, 1992 and $3,644,857.53 for the period ending February 21, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and the Anaheim Public Improvement Corporation meetings. (5:45 p.m.) Mayor Hunter reconvened the City Council meeting. (5:53 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: Public Comments were received relative to Agenda Items A13, A21, A23 and A25. See those items for comments/discussion. ITEMS OF PUBLIC INTEREST: Mr. Jeff Kirsch, 2661 W. Palais, Anaheim. The City previously gave or lent Home Depot approximately 1 million dollars in tax money to convert the former Gemco site at Lincoln and Gilbert into one of its stores. He asked questions relative to the results of the City's actions. Rick Vaughn. In the recent past, the Council enacted a Utilities User's Tax. He asked if the tax will appear on the June, 1992 ballot and, if not, why not. If not, he asked the Council to take action this evening to place the item on the ballot since that was the understanding when the tax was enacted. CITy MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Ehrle, 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. 92R-30 through 92R-36, both inclusive, for adoption and offered Ordinance Nos. 5287 through .5289, both inclusive, for first reading. Refer to Resolution and Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances were read by the City Manager. (Resolution Nos. 92R-30 through 92R-36, both inclusive, for adoption and offered Ordinance Nos. 5287 through 5289, both inclusive, for first reading. ) -- Council Member Pickler moved to waive the reading in full of the resolutions and ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Alfred Cracolici for property damage sustained purportedly due to actions of the City on or about December 27, 1991. 131 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. b. Claim submitted by Anthony A. Thompson for property damage sustained purportedly due to actions, of the City on or about December 28, 1991. c. Claim submitted by Target Stores for indemnity sustained purportedly due to actions of the City on or about October 7, 1991. d. Claim submitted by CWO Stadium Properties, Corporation for indemnity sustained purportedly due to actions of the City on or about November 25, 1991. e. Claim submitted by Elmore H. Nichols for bodily injury sustained purportedly due to actions of the City on or about November 16, 1991. f. Claim submitted by W.E. and P.L. Fryer for property damage sustained purportedly due to actions of the City on or about December 30, 1991. g. Claim submitted by Michael P. Coyle for property damage sustained purportedly due to actions of the City on or about December 26, 1991. h. Claim submitted by Lyndell A. Noffsinger for property damage sustained purportedly due to actions of the City on or about January 15, 1992. i. Claim submitted by Steven W. Pike for property damage sustained purportedly due to actions of the City on or about December 31, 1991. j. Claim submitted by Eugene C. Schluter, Jr. for property damage sustained purportedly due to actions of the City on or about January 13, 1992. k. Claim submitted by 20th Century Insurance Company for property damage sustained purportedly due to actions of the City on or about October 26, 1991. 1. Claim submitted by Pacific Bell for property damage sustained purportedly due to actions of the City on or about September 20, 1991. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held January 22, 1992. 173: Receiving and filing Application No. A91-12-026 before the Public Utilities Commission of the State of California to establish a zone of rate freedom for passenger stage service between points in its authorized service areas between points in Orange County, on the one hand, and LAX and SNA airports. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of January, 1992. 173: Receiving and filing Applications before the Public Utilities Commission of the State of California of the order instituting investigation on the Commission's own motion to implement the biennial resource plan update following the California Energy Commission's seventh electricity report; and an application in the matter of the application of Southern California Edison Company (U 338-E) for authority to increase its authorized level of base rate revenue under the electric revenue adjustment mechanism for service rendered beginning January 1, 1992, and to reflect this increase in rates. A3. 169: RESOLUTION NO. 92R-30..' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF PREVAILING RATES OF PER DIEM WAGES PERTAINING TO PUBLIC WORKS. 132 City Hall, Anaheim, California- COUNCIL MINUTES - February 25, 1992, 5:00 P.M. A4. 101: Approving development of the proposed Katella/Douglass Public Parking Facility. A5. 169: Approving a Notice of Completion of the construction of Western Avenue Street and Storm Drain Improvements by Ail American Asphalt Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 101: Award of contract for Anaheim Stadium Parking Lot Improvement was continued one week to March 3, 1992. A7. 160: Accepting the low bid of Buena Park Wholesale Electric, in the amount of $45,760 for 80,000 feet of 653.9CKMIL grease ACSR wire, in accordance with Bid $5013. AS. 160: Accepting the bid of L.N. Curtis & Sons, in the amount of $23,700 for structural firefighting safety clothing, in accordance with Bid ~4983. A9. 123: Waiving the sealed bidding and advertising requirements of Council Policy 306 and authorizing the execution of a contract to Filenet Corporation, in an amount not to exceed $108,780 for annual maintenance costs for the Filenet Management System at the Police Department. AIO. 128: Receiving and filing the Monthly Financial analysis for six months ended December 31, 1991, as submitted by the Director of Finance. : Ail. 123: Approving an Agreement with Mudge Rose Guthrie Alexander & Ferdon (Mudge Rose) and Rourke & Woodruff, through December 31, 1992, for bond counsel services in connection with electric and water system financing, and authorizing the Public Utilities General Manager to execute said agreement. Al2. 175: ORDINANCE NO. 5287 - INTRODUCTION: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 4415 OF THE CITY COUNCIL (AS HERETOFORE SUPPLEMENTED AND AMENDED). (Redefining surplus moneys from water revenue bonds. ) 175: RESOLUTION NO. 92R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 83R-169 OF THE CITY COUNCIL (AS HERETOFORE SUPPLEMENTED AND AMENDED). (Redefining surplus moneys from water revenue bonds. ) Al3. 123: Approving an Agreement with DMC Services, Inc., in an amount not to exceed $165,000 to provide contract services for implementation of the Ultra Low Flush Toilet Rebate Program, as recommended by the Public Utilities Board at their meeting of February 6, 1992, and authorizing the Mayor to sign the Agreement on behalf of the City. Jeff Kirsch, 2661 W. ~alais. If the City has to spend money at all on this issue, there should be some revisions to the agreement. He gave his suggestions for changes and his reasoning for those changes. Council Member Ehrle voted no on this item. A14. 123: Approving a Second Amendment to Agreement with Bechtel Construction Company, at an additional cost not to exceed $20,000 for management consultant services through May 1, 1992, in connection with Combustion Peaking Plant Project, as recommended by the Public Utilities Board at their meeting of February 6, 1992. Al5. 123: Approving the Eighth Amendment to Agreement with Volt Energy Systems, Inc., in an amount not to exceed $35,000 for conservation and resource management support services, and authorizing the Mayor to sign said Agreement, as recommended by the Public Utilities Board at their meeting of February 6, 1992. 133 City Hall, Anaheim, California- COUNCIL MINUTES- February 25, 1992, 5:00 P.M. Al6. 179: ORDINANCE NO. 5288 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.94.040 AND ADDING SECTION 18.94.025 TO CHAPTER 18.94 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SENIOR CITIZENS' APARTMENT PROJECTS. 155: Approving a Negative Declaration in connection with providing additional affordable housing opportunities for very low-income senior citizens, and to provide for design review of senior citizen apartment projects city-wide. Al7. 179: ORDINANCE NO. 5289 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.99 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DENSITY BONUS. 114: Amending City Council Policy Number 543 city-wide. 155: Approving a Negative Declaration in connection with the implementation of a density bonus program to provide affordable housing opportunities for low-income individuals and families. Al8. 123: Approving a Second Addendum to Modification and Settlement Agreement with the Phoenix Club German Association, Inc., and James Productions, Inc., and authorizing the Mayor to execute said document on behalf of the City. Council Member Pickler voted no on this item. Al9. 177: RESOLUTION NO. 92R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING RESIDENTIAL DESIGN GUIDELINES FOR AFFORDABLE HOUSING DEVELOPMENT. A20. 177: Approving the Annual Regional Housing Needs Report which outlines the housing units added to the city's housing stock and identifies the remaining housing needs through 1994. A21. 179: RESOLUTION NO. 92R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROPOSING AN ENTERPRISE ZONE, MAKING FINDINGS FOR SAID ENTERPRISE ZONE AND AUTHORIZING AN APPLICATION TO THE STATE OF CALIFORNIA FOR ENTERPRISE ZONE DESIGNATION. Pete Johnson, Operations Manager, Western Service Workers' Association, an all volunteer mutual benefit association - residential address 2 Flagstone, Irvine (Western Service Workers' Association, 2002 South Grand Avenue, Suite E, Santa Ana, 92705). He is present to object and say no to the proposal for an Anaheim Urban Enterprise zone. He is opposed to seeing yet another enterprise zone in California. The Western Service Workers' Association has been the leading force statewide opposing enterprise zones and proposals to impose those in the community. He then ~labo~at~d on th~ r~as0n~ for hi~ 0r~anizati0n's 0DD0siti0n and subsequently answered questions posed by Council Members. He clarified theirs is not a traditional union but a mutual benefit association, an unincorporated, independent, voluntary association_of low-income workers, their families, people unemployed, employed or under employed. Council Member Daly. He follows these closely and has not realized there was a connotation that enterprise zones could be construed to be anti-labor or anti-worker. Enterprise zones have been around for some time and the GAIN program and some of the other training programs mentioned by Mr. Johnson, he has never heard that they somehow worked at a disadvantage to workers. If he (Johnson) can provide some materials and examples, he would be interested in seeing those. Mayor Hunter. The City at this point is merely submitting an application to the State Department of Commerce. As he reads it, however, it is 180 degrees opposite from Mr. Johnson's opposition. It will create jobs and is not going to displace the market and he does not see that it is going to cause lower wages. It is totally the opposite from Mr. Johnson's concerns and the Council is confused relative to the comments made. He asked that Mr. Johnson be provided with a copy of the application 134 City Hallt Anaheimt California - COUNCIL MINUTES - February 25, 1992m 5:00 P.M. and also asked that he (Johnson) provide the Council with some type of evidence regarding his concerns. Lisa Stipkovich, Executive Director of Community Development. She invited Mr. Johnson to discuss the matter with staff. The very people Mr. Johnson is trying to protect should be helped by the program. That is the intention of the program and the City. John Bernard & Chris DeBono, both from the Western Service Workers' Association then spoke each giving additional views, reasons and comments why they feel enterprise zones are a detriment to the people they represent, the lowest paid and fastest growing segment of workers. Mr. Jeff Kirsch posed several questions relative to the program. Lisa Stipkovich. She reiterated she would like to discuss the matter with the representatives of the organization to understand more about the statistics quoted in the examples. They see this program, particularly in light of today's economy, as something the City should be applying for. The areas included represent the majority of business and commercial areas of Anaheim. They need the competitive edge to attract businesses. If this helps to do that and helps create jobs particularly for the disadvantaged, it gives them a higher percentage and likelihood of being hired than they would have otherwise. The State created the program. They do need approval of the application tonight in order to get it to the State by :. March 2, 1992. She is recommending approval to submit the application to the State. Kevin Carrigan, Community Develot~nent Department. The State expects no more than thirty applications. They will be naming five zones in this round. It is a competitive process. Finalists will be made known in about sixty days with the five zones to be named in the spring of 1993. Currently there are twenty such zones in the State. There has been talk of federal enterprise zones, but to date none have been established. Other States have established similar programs. Before concluding, Mr. Johnson confirmed for Council Members that they are opposed to the establishment of enterprise zones anywhere in the State and that there are strings attached that are a detriment to workers. Lisa Stipkovich. She wanted to clarify that under the proposal, there is no restriction or ceiling on what amounts are paid. It would have to be monitored so that people are being paid appropriately which will be their responsibility as administrators of the program. Mayor Hunter. He reiterated tonight is merely an application to the State. He urged Mr. Johnson and representatives to again sit down with staff~ Council Member Daly. He recommended that staff submit a follow-up report and that Mr. Johnson also provide any documentation relative to the issues brought forth by his organization. Dick Clark, representing the Anaheim Chamber of Commerce. The Chamber looked at the Free Enterprise Zone Plan program for which the City is submitting an application to the State. The Chamber Board of Directors endorses the program as a good one for the City of Anaheim. A22. 113: RESOLUTION NO. 92R-34'.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Attorney records. ) A23. 153.- RESOLUTION NO. 92R-35=. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM PERTAINING TO HOURS OF WORK PROVISIONS. (Uniform Patrol Twelve Plan work schedule. ) 135 City Hall, Anaheim, California - COUNCIL MINUTES - February 25t 1992, 5:00 P.M. Jeff Kirsch. He is not comfortable as a homeowner with someone who has been on a twelve-hour shift. He posed questions relative to the program, how long were similar programs studied, as a citizen is he going to get adequate service, etc. Council Member Daly. The Three-Twelve Plan is a pilot program. The Police Chief and City Manager will be reviewing the matter very closely. The Council has expressed some concerns to the City Manager including the area of stress. He is certain the City Manager will be watching that closely and at the conclusion of the Pilot program, the Council will be updated on the success of the new shift program. Further, the program can be cancelled by either party at any time - the Police Association or City Management. He asked staff if there are materials on the Three-Twelve Plan that are not confidential, that those be shared with Mr. Kirsch. City Manager, James Ruth. He would be glad to share whatever information they have. Extensive evaluation was done in comparison with other cities. Staff talked to both management participants and officers who participated. The City's Risk Management evaluated the entire program as well. As Council Member Daly stated, the program is on a trial basis and can be terminated either by the City or the Association. A24. 123= Approving an Agreement with Municipal Resource Consultants (MRC) to conduct an audit of the local Sales Tax allocations, and provide information services to the City 'of Anaheim. RESOLUTION NO. 92R-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE sALEs AND USE TAX RECORDS. A25. 123: Approving an Agreement with the California Department of Forestry and Fire Protection (CDF) to provide wildlands fire protection services for 2,339 acres of land known as Mountain Park. 123: Approving an Agreement with The Irvine Company acknowledging compliance with Section 4.3 of the Mountain Park Development Agreement (90-01) upon reimbursement to City of costs actually paid by City to CDF. Jeff Kirsch. This seems to be a pass through payment where the City is going to pay the State and is dependent on the Irvine Company to reimburse the City. He does not see anything in the agreement that is a remedy if the Irvine Company fails to pay in the future. He would like to see more protection. 106: Amending the RAP to increase revenue and expenditure appropriation in the amount of $15,596 to the Fire Department. Roll Call Vote on Resolution Nos, ~2R-30 through ~2R-36f both AnclusZvef Zor adop2£on ~ AYES: COUNCIL MEMB_ERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-30 through 92R-36, both inclusive, duly passed and adopted. ~oll Call Vote on Ordinance Nos. 5287 through 5289, both inclusive, for adoptions AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5287 through 5289, both inclusive, duly passed and adopted. 136 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. End of Consent Calendar. MOTIONS CARRIED. ITEMS B1 - B3 F~Q~ THE ZONING ADMINISTRATOR MEETING OF FEBRUARY 6, 1992 - DECISION DATE: FEBRUARY %3, 1992, INFORMATION ONLY - APPEAL PERIOD ENDS FEBRUARY 28, 1992: B1. 179: VARIANCE NO. 4159, CATEGORICALLY EXEMPT, CLASS 5: OWNER: WILLIAM B. AND BARBARA J. PALMER, 118 W. Park Avenue, Anaheim, CA 92801. LOCATION: 1118 West Park Avenue. Property is approximately 0.23 acre located on the south side of Park Avenue approximately 215 feet west of the centerline of West Street. Waivers of minimum side yard setback and minimum rear yard setback to construct a 2-story 1,081 square foot room addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4159 DENIED (ZA92-10). B2. 179: VAR.IANCE NO. 4101 - REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Ralph K. Lee (Hill Williams Development), 175 Riverview, Suite 200, Anaheim, CA 92808. LOCATION: Property is located 350 South Hidden Grove Lane and 6260 East Fox Glen Drive. Petitioner requests an extension of time to complete conditions of approval. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Extension of time for Variance No. 4101 APPROVED, to expire on 12-6-92. B3. 179: VARIANCE NO. 4105 - REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Ralph K. Lee (Hill Williams Development), 175 Riverview, Suite 200, Anaheim, CA 92808. LOCATION: Property is located approximately 1,120 feet southeast of the centerline of Santa Ana Canyon Road. Petitioner requests an extension of time to complete conditions of approval. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Extension of time for Variance No. 4105 APPROVED, to expire on 1-24-93. End of the Zoning Administrator Items. B4. 179: ORDINANCE NO. 5290 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 89-90-48, located at 1521 N. Imperial Highway, from the RS-A-43,000 (SC) zone to the CL(SC) zone. Council Men%her Pickler offered Ordinance No. 5290 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5290: 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. 89-90-48, located at 1521 N. Imperial Highway, from the RS-A-43,000(SC) zone to the CL(SC) zone.) Cl. 107: INFORMATIONAL REPORT - STREET VENDORS: Receiving and filing report dated February 19, 1992, from the Code Enforcement Manager which was requested by Mayor Hunter at the Council meeting of December 17, 1991. The recommendation is to receive and file the informational report. By General Consent, the Council determined that the informational report on street vendors dated February 19, 1992 be received and filed. 137 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. C2. 127/114~ DISCUSSION - CAMPAIGN CONTRIBUTION LIMITATIONS: Discussion requested by City Council at their meeting of January 28, 1992 (Item C2) regarding campaign contribution limitations. ALTERNATIVE A: Limiting campaign contributions in City elections to $1,000 per source per election. (Long form. ) ORDINANCE NO. (INTRODUCTION) Adding new Chapter 1.03 to Title 1 of the Anaheim Municipal Code relating to Campaign Reform. ALTERNATIVE B: Limiting campaign contributions in City elections to $1,000 per source per election. (Short form. ) ORDINANCE NO. (INTRODUCTION) Adding new Chapter 1.03 to Title I of the Anaheim Municipal Code relating to Campaign Reform. Submitted was report dated February 13, 1992 from City Attorney, Jack White attached to which were two alternative ordinances, Alternate A and Alternate B, the contents of which were summarized on pages 2 and 3 of the report. DISCUSSION - MAYOR AND CITY COUNCIL TERM LIMITS: Discussion requested by City Council at their meeting of January 28, 1992 (Item C2) regarding Mayor and City Council term limits. ALTERNATIVE A: Two term, combined limit. ALTERNATIVE B: Two term, separate limits. ALTERNATIVE C: Two term, no maximum limit. Submitted was report dated February 14, 1992 from City Attorney, Jack White giving three alternative possible charter measures for the Council to consider on term limits. Mayor Hunter asked the City Clerk the last day for placing items on the November General Municipal Election ballot; City Clerk Sohl answered approximately August 27, -- 1992. Mayor Hunter. He thereupon suggested that the subject issues be considered by the Council in a few weeks. ¢0un¢il Member ~hrle. He ~i~ not have an opportunity to thoroughly review the material submitted by the City Attorney. Until yesterday, he did not think he would be present at tonight's meeting and thus is not prepared to discuss these proposals. He believes there are_people present who have come to address the Council this evening and suggest that they be given an opportunity to do so. In the next couple of months, the Council should discuss these items as well as Councilmanic Districts. Council Member Pickler. He was of the understanding that the Council was going to discuss the matters amongst themselves first, to determine what they might want to do and subsequently get input from the citizens. Mayor Hunter. The Council has not even had an opportunity to review the proposals in-depth. Instead of opening it up for public discussion, it would be best to defer the matter for a couple of weeks since there is plenty of opportunity to consider the items between now and August. MOTION: Council Member Hunter moved to continue discussion on campaign contribution limitations and Mayor and City Council term limits to Tuesday, April 7, 1992. Council Member Daly seconded the motion. 138 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. Before a vote was taken, the City Attorney confirmed for the Mayor that the material is on file in the City Clerk's Office and will be made available to anyone who wishes to review it. Council Member Ehrle. He notes that there are different groups present in the Chamber audience. He asked if they are going to meet in the next month or so, he (Ehrle) would like to meet with them and get their input. He would like to be invited to their meetings and possibly other Council members can also meet to get the group's feelings of the proposals. A vote was then taken on the foregoing motion to continue consideration of the two issues to the first meeting in April, April 7, 1992. MOTION CARRIED. Council Member Ehrle asked if it will be a discussion or a public hearing; City Attorney White explained members of the public can always speak. Anyone who wants to discuss the issue can address the Council. There is no legal public hearing required in connection with the items. Under the State Brown Act, anyone has the right to address the Council. 112: SWEAR IN OF PERSONS TESTIFYING ON ALL PUBLIC HEARINGS: City Attorney White. It would be appropriate at this time to swear in those person~. testifying on tonight's public hearings. Mayor Hunter asked for those who are present to testify on Public Hearing Items D1, D2 and D3 to stand. City Clerk Sohl asked that those present to testify to raise their right hand. She thereupon swore in those present to testify. D1. 175: CONTINUED PUBLIC HEARING - CREATING UNDERGROUND DISTRICT NO. 2 - KATELLA/DOUGLASS: underground District No. 2 is being created to provide for the undergrounding of all overhead utilities to take place in accordance with the Public Utilities Department's Underground Conversion Program Five-Year Plan which was approved for FY 1991-92 by the Public Utilities Board on December 5, 1991, and the City Council on January 7, 1992. UNDERGROUND DISTRICT NO. 2 - LOCATION: Douglass Road from 1,235 feet north of Katella Avenue, to 320 feet south of Katella Avenue, and on Katella Avenue from 405 feet west of Douglass Road to east of City limits. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - January 30, 1992 Mailing to property owners within 300 feet - January 28, 1992 Posting of property - January 31, 1992 The Subje¢~ public hearing was continued from the meeting of February 11, 1992, to this date. Mayor Hunter opened the public hearing and asked to hear from those who wished to speak. Jeff Kirsch, 2661 W. Palais, Anaheim. He expressed concern as a taxpayer that his Utility rates will be increased for cosmetic improvements. He suggested the item be deferred until the economy improves or there is a base on which to spend for cosmetic improvements. COUNCIL ACTIONs There being no further persons who wished to speak, the Mayor closed the public hearing. Council Member Daly. He explained the project is being funded by the Arena project. 139 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-37) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-37 for adoption, creating Underground District No. 2 (Katella/Douglass). Refer to Resolution Book. RESOLUTION NO. 92R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 2 (Katella/Douglass). Roll Call Vote on Resolution No. 92R-37 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-37 duly passed and adopted. D2. 179: PUBLIC HEARING - VARIANCE NO. 4166 AND NEGATIVE DECLARATION: OWNER: EFFAT YOUSSEF, 2516 W. Lincoln Ave., Anaheim, CA 92801. LOCATION/REQUEST: The property is located 314 South Helena Street and is approximately 0.28 acre located on the east side of Helena Street, .. approximately 170 feet south of the centerline of Broadway. The request is for a waiver of maximum structural height to construct a lO-unit apartment complex. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4166 APPROVED, modified conditions (ZA92-04). Approved Negative Declaration. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Council Members Daly and Pickler at the meeting of January 28, 1992 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin- February 13, 1992 - Mailing to property owners within 300 feet - February 12, 1992 Posting of property - February 14, 1992 PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated January 9, 1992 and Zoning Administrator Decision 92-4 dated January 16, 1992. Council Member Daly. His concern is the height variance. A three-story structure is being proposed and_the code allows two stories on the site. The Planning Department had recommended some redesign of the project and it was unclear whether the project had been redesigned prior to the Zoning Administrator approving the project. The staff report from Planning proposed a couple of redesigns - parking and also to save a large tree. Annika Santalahti, Zoning Administrator. A revised plan was submitted which addressed the tree issue but the owner had not yet contacted Traffic Engineering about the parking so that part had not been taken care of. The structure is three stories and parking is below but the driveway is open to the air. APPLI CANT ' S STATEMENT: Joe Youssef. He is the owner of the property at 314 S. Helena. The subject property right now is non-conforming with what is going on with adjacent properties which are 3-stories high. This is the last piece to be 140 City Hall, Anaheim, California - COUNCIL MINUTES - February 25t 1992t 5:00 P.M. developed on Helena Street. To the left (south) of his property is a church and church building, to the right (north) are three-story structures and across the street is the Bank of America building and parking structure. Council Member Daly. He has concerns with some of the projects built in the neighborhood. Some designs are questionable as well as the parking and he feels the same is true on this project. He also feels it should go to the Planning Commission, the Council's planning advisors. He is going to oppose the project unless there are better answers beyond the photos of the adjacent properties posted on the Chamber wall. The owner is asking for an exception to the City's standards. Joe Youssef. The adjacent properties are the same height. The Planning Commission looked at the project and it was fine by them. Annika Santalahti. She explained for the Mayor that under the ordinance for Zoning Administrator Items, projects involving only one waiver including height waivers can go to the Zoning Administrator. The unusual part is they do not usually see a project with only one waiver. In this instance, there had been two other projects in the vicinity in the past which did get three stories and had gone to the Planning Commission. She believes they had more waivers. There is the one to the south on the easterly side of the project which is a deck project at least three stories and maybe four. When staff scheduled the project for the Zoning Administrator, the general feeling was with existing three-story apartments in the area as well as non-residential buildings and the parking structure across Helena for the Bank of America, they were not concerned in this vicinity that a three-story building was so out of place or needed to be discussed in great detail. Joe Youssef. The project the Zoning Administrator is referring to is 102 units. That project was just approved last year. The one to the south of the property is a i 1/2 year old project. It would be depriving him of doing what everyone else has been allowed to do. It is the last piece of property to be developed and the rest of the street has developed with three stories. When he made his decision to go ahead with the project, he picked an award winning project across the street. He is using the same architect because he wanted nothing but the best. Council Member Pickler. He understands that the surrounding properties are all three stories or even more. Annlka ~an~alah~£. Mor~ ~han on,-half of ~h~ ~r~o~ £~ ~hr~$ ~or£~ or footage equal to or greater than what is being proposed in terma of feet for this project. The properties to the north and west are higher and some to the south. Council Member Pickler. His thought is perhaps they should have done something sooner relative to the area. At this point, this project will finish off what was started and if they go to 2-stories, this project will even look out of place. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there being no response he closed the public hearing. Council Member Daly. He feels what was started was a mistake and the line must be drawn wherever possible. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together 141 City Hall, Anaheim, California- COUNCIL MINUTES- February 25, 1992, 5:00 P.M. with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-38) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Pickler seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-38 for adoption, granting Variance No. 4166. Refer to Resolution Book. RESOLUTION NO. 92R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4166 . Roll Call Vote on Resolution No. 92R-38 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-38 duly passed and adopted. D3. 172: PUBLIC HEARING - STREET CLOSURES OF MOUNTAIN VIEW AVENUE IMMEDIATELY SOUTH OF WAKEFIELD AVENUE, WAKEFIELD AVENUE ALLEY AT HASTER STREET, AND LEATRICE ALLEY AT HASTER STREET: Submitted was report dated February 5, 1992 from the Director of Public Works and City Engineer recommending approval of the negative declaration for the closure of the subject streets and alleys and subsequently approving their closure. PUBLIC NOTICE REQUIREMENT MET BY: Publication in Anaheim Bulletin - January 30, 1992 Mayor Hunter first asked for a show of hands of those present in favor of the street/alley closures; approximately twenty people raised their hand. The Mayor asked if anyone was present opposing the closures; there were none. John Lower, Traffic and Transportation Manager. Street closures were identified as a result of meetings held with property owners in the area and these locations were developed with their cooperation and residents are present to speak in support if necessary. Council Member Daly. In looking at the map, this closure makes so much sense for law enforcement and the well being of the community. He would like to encourage staff to look at other similar neighborhoods and consider closures in some of those neighborhoods. Relative to the subject closures, he asked if the design of the closure would be normal engineering standards or a cul-de-sac. John Lower. This is viewed as a temporary closure at this time. Bollards approximately 5 -feet high will be used with signing and striping. He clarified for Council Member Pickler if it works out well, they will decide at a later time whether to leave what is there or make a change later on. Mayor Hunter asked if anyone wished to speak. A gentlemen from the audience spoke stating he is the co-owner of property along Leatrice, 104-146 and some others. He cannot say he is a spokesman for the whole group, but for the 100 Block of Leatrice. He noticed the Council Agenda included the closure of the alley at Leatrice and Haster. As this program was presented to 142 City Hall, Anaheim, California - COUNCIL MINUTES - February 25, 1992, 5:00 P.M. them in the initial meeting in the Police Department, six closures were proposed for the neighborhood that would restrict traffic of outsiders. There is a zig-zag pattern that could be used easily by outsiders. He supports all of the six closures originally presented. As the program went through various City Departments, inadvertently or otherwise a couple of the six closures were left off for now. He understands those are intended to be restored. Since the south side of Leatrice, the 100 Block, is part of the closures, they want all of the closures installed as soon as possible and not just a portion. If additional staff work is required to get all six installed, he requests that the staff work be implemented as soon as possible so that by the time the first group are constructed, the remaining closures could be completed as soon as possible. John Lower, if there were six locations, they were included as optimal alternatives. At least one he knows of was eliminated because of the concern for fire access. Any addition to the list would require separate action by the Council. He would suggest that there be an evaluation perhaps in sixty days after the closures are in place to determine the impact and then give consideration to others. COUNCIL ACTIONs Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding:on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-39) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 92R-39 for adoption, authorizing the closure of a portion of Mountain View Avenue and certain public alleys east of Haster Street north of Leatrice Lane to through traffic. Refer to Resolution Book. RESOLUTION NO. 92R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CLOSURE OF A PORTION OF MOUNTAIN VIEW AVENUE AND CERTAIN PUBLIC ALLEYS EAST OF HASTER STREET NORTH OF LEATRICE LANE TO THROUGH TRAFFIC. Roll Call Vote on Resolution No. 92R-39 for adoption: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS'. None ABSENT: COUNCIL MEMBERS ~ None The Mayor declared Resolution No. 92R-39 duly passed and adopted. ADJOURNMENT: Council Member Pickler moved to adjourn, Council Member Ehrle seconded the motion. MOTION CARRIED. (7: O1 p.m. ) LEONORA N. SOHL, CITY CLERK 143