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1992/06/16City Hallt Anaheimt California - COUNCIL MINUTES - JUNE 16, 1992 - 1:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT: Chris Jarvi ASSISTANT CITY MANAGER: Jim Armstrong PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ken Stone LIBRARY DIRECTOR: William Griffith FIRE CHIEF: Jeff Bowman DATA PROCESSING DIRECTOR: Janet Mace REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard Bruckner A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:45 p.m. on June 12, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the adjourned regular meeting of June 9, 1992 to order at 2:00 p.m., on June 16, 1992. CONTINUED PUBLIC HEARING - 1992/93 RESOURCE ALLOCATION PLAN: Continued from the meeting of June 9, 1992. INTRODUCTORY COMMENTS: Mr. Jim Ruth reported that one of the City's Representatives in Sacramento monitoring the State Budget has informed him that the potential financial impact on the City of Anaheim, as a result of the State's attempt to balance their budget will be between 2 million and eleven million dollars. He added that as a consequence of that, it is hoped the City Council will adopt the City's budget at the conclusion of the public hearing this date, but it will probably be necessary for him to come back to the Council with a report in 30 days on the impact, and looking for additional cuts. The Mayor thanked Mr. Ruth for the update, and opened the public hearing, calling for the first scheduled Department: City Council/Visitor and Convention Bureau (Page 25 of the 1992/93 RAP Book ) Mr. Jim Armstrong briefly outlined the $367,722 (reduction of 2%) and $1,799,900 allocated to the two programs under Council - Legislation and Community Promotion respectively. Mr. Bill Snyder gave an update of the Convention & Visitor industry and the status of business in Anaheim in particular. He noted that one factor which has helped Anaheim in the current market, is the fact that Anaheim has great relationships between all the elements (hotels/Convention Center/City/Bureau) which make up a destination. In response to Council Member Daly's question regarding the impact of budget cuts, Mr. Snyder reported this would be disastrous as far as future bookings are concerned, because you cannot be absent 419 City Ha11~ Anaheim~ California - COUNCIL MINUTES - JUNE 16~ 1992 - 1:00 P.M. from the marketplace when others are there marketing their destination. City Attorney (Page 65 of the 1992/93 RAP Book) Jack White, City Attorney, noted that his office has implemented those cost-saving measures identified on page 65 in the past year and in addition was required to reduce attorney staff by 15% and clerical by 1.5 positions. He discussed case loads and statistics on new cases, indicating that while they would get through the year, it is his belief that to minimize legal risk and exposure and adequately protect the City, adequate staffing levels should be provided and maintained in the City Attorney's Office. Parks, Recreation and Community Services (Page 40 of the 1992/93 RAP Book) Chris Jarvi, Director of Parks, Recreation and Community Services, recounted the strategies used in his Department over the past year to save money and the significant accomplishments, of which he is proud. He noted that the department proposes in the 1992/93 fiscal year - 147 part-time and full time positions. They will focus on maintaining the department' s fiscal plan; retain and enhance programs which address critical social issues; retain or enhance revenue production and to make youth a priority. Mayor Pro Tem Daly commended Mr. Jarvi on the "Releaf Anaheim" Program in which volunteers plant more trees. In response to a request from the audience, Mayor Hunter allowed comments from members of the public regarding the Parks, Recreation and Community Services Budget. PUBLIC INPIIT: Norma Leichtweis and Nanette St. Paul, representing OCCCO and the parishes of Saint Boniface and Saint Justin Martyr, spoke relative to the gang and drug problem in Anaheim. They emphasized that this problem affects their homes and families and a solution needs to be found. They want once again to feel safe in their homes and streets. Their organization is appreciative of the hard work which the task force put into the Gang and Drug Report; are sympathetic and aware of the financial status of the City, but are also aware of the deaths, violence and devastation of families as a result of gangs and drugs. The City needs to do more in the areas of prevention and intervention. Therefore they are here this date to request that the Council commit themselves to the Gang and Drug Task Force Report by officially adopting it and, by investigating funding source possibilities such as Redevelopment monies. During Council's discussion and response to this request, Council Member Pickler indicated he was not comfortable with adopting something which the City cannot provide, he would like first to know how much could be allocated to this priority. Mayor Hunter noted that the Council is in agreement with the Gang/Drug Task Force Report and that one million four hundred thousand dollars have already been allocated to this priority. Additionally, the City is looking at other funding possibilities 420 City Hallt Anaheimt California - COUNCIL MINUTES - JUNE 16, 1992 - 1:00 P.M. such as narcotics forfeiture funds and has asked the City Attorney to review the possibility of using Redevelopment funds. Council Member Ehrle noted that although the Council accepted the report several weeks ago, he is willing to formalize the acceptance this date as it is his opinion this Gang/Drug Report is a blueprint for the City in dealing with this issue. In determining how to fund the recommendations therein, Council Member Ehrle suggested that the City Council consider placement on the ballot of a charter amendment to increase the 4% transfer to the General Fund from the Public Utility. Father John Lenihan, Saint Boniface Parish, stated that it is today an issue of commitment. His parishioners and he are certainly aware of the City's financial condition and know that there cannot be a final conclusion this date. However they do need to know that the City Council is committed to the strategy put forward by the Gang and Drug Task Force to the point that where at all possible these will be implemented right away. MOTION:. Mayor Hunter moved that the City Council adopt the strategy that is contained in the Gang and Drug Task Force Report dated June, 1992, and that the City Council implement this strategy as funds become available. Council Member Daly seconded the motion. Motion Carried. It was further noted for the benefit of the audience that the report from the City Attorney to the City Council relative to the use of Redevelopment monies for implementation of the Gang/Drug strategy will be presented at the meeting of July 14, 1992. By general consent the City Council recessed for five minutes. (3.'45 p.m. ) AFTER RECESS: On return of the City Council Members to the Council Chamber, by general consent, the Adjourned Regular Meeting of June 9, 1992 was adjourned. Mayor Hunter then called the regular meeting of June 16, 1992 to order. CONTINUATION OF 1992/93 RESOURCE ALLOCATION PLAN PUBLIC HEARING: Administration (Page 63 of the 1992/93 Resource Allocation Plan Booklet ) The Programs under Administration are the City Manager's Office, IGR, Program Development & Audit, and Risk Management. Mr. Tom Vance presented information to the Council regarding the Risk Management Program and the savings which have accrued to the City as a result of it, and because of new costs through amendments to legislation. These are 4.4 million per year in self-insured worker's compensation; 3 million annual savings from industrial disability retirement program. Mr. Ken Stone responded to questions on the remainder of the Administration Budget. 421 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 16, 1992 - 1:00 P.M. Library (Page 27 of the 1992/93 RAP Booklet) Mr. Bill Griffith, Library Director, briefly summarized the impacts of the budget cutbacks on the Libraries. In the long term with such cutbacks there will be a steady erosion of Library services. The budget presented is below what is needed to sustain service and the numbers of those accessing the library, and new patrons are increasing. Fire (Page 33 of the 1992/93 RAP Booklet) Fire Chief, Jeff Bowman reported that the recent use of the EOC resulted in the City's being able to recoup expenditures. Chief Bowman reviewed the significant accomplishments of the Fire Department over the past year and the fact that Stations 2, 4 and 6 have surpassed Station No. I in terms of numbers of responses. He reported that a national association of fire chiefs will hold a conference in Anaheim. There were no questions from Council, but Council Member Daly congratulated him on the "Local Motion" video project and on his volunteer work with The Boys and Girls Club. Data Processing (Page 69 of the 1992/93 RAP Booklet) Janet Mace, Data Processing Director pointed out the Data Processing Department has reduced their operating costs by 1.2 million dollars and that 36,000 work hours were removed from the budget, but they still are providing good support to the City departments. The major focus for DP in the coming year will be the move to City Hall West; the new financial/accounting system (AFRAM). In recognition of the City's financial status she is continuing to use contract labor instead of permanent staff. Community Redevelopment (Page 34 of the 1992/93 RAP Booklet) Richard Bruckner, Redevelopment Manager, reported that this department increased by 18 positions, primarily due to taking on Affordable Housing, JTPA and Economic Development. The main focus next year will be revitalization of Anaheim Plaza; completion of the Koll Anaheim Center; public works improvements to North Anaheim Blvd.; study of the northeast industrial area for specific plan and modification to redevelopment plan. In economic development the major focus will be on businesses adjacent to the I-5, due to the widening project. At the conclusion of the Departmental presentations, the Mayor opened the hearing to comments from the public: Sharon Ericson, President, AMEA, commented that relative to the Budget process, they attended all of the meetings of the Budget Advisory Commission and were allowed only 15 minutes for input from employee groups. She commented as well on the Convention Center expansions and that the Transient Occupancy Tax goes into the general fund, but she reminded Council that the more they pay out of that fund, the less they will have for other uses. In regard to privitization she is concerned that the Budget Advisory Commission and City Council are taking that report at face value, whereas it is her belief that figures in it are not correct, and that the Council could destroy the City by contracting out the jobs which have the most impact on it. Ms. Ericson expressed the opinion that the Anaheim Chamber of Commerce position on the budget is accorded too much attention. She feels the goal of the Chamber is reduction of personnel and vacant positions are not meaningful to them in 422 City Hallt ~__-_ahe!_mt Californi& - COUNCIL MINUTES - JUNE 16~ 1992 - 1~00 P.M. this count. She pointed out that the difference between public and private enterprise is that private enterprise can cut personnel in recessionary times since the work load diminishes, however the opposite occurs with local government. She stated that on closer scrutiny of the line-item budget she would recommend the Council consider cutting back or out such line items as the costs of supplies peculiar to activities in a single program, books and publications, travel and meeting expenses or staff development and seminars. It was also her opinion that the cuts will result in a City which looks increasingly dirty and trashy. Ed Petkin from St. Boniface parish spoke to applaud the City's efforts on the Housing Element and Neighborhood Preservation. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He pointed out that City government is in dire financial condition, but is only one part of a community. He noted that the educational system is going through an equally bad or worse period. It is his opinion that the crisis is just beginning and that the City Council needs to learn to say no and not worry about the consequences. Fernando Leon, Garden Grove, stated that he has been working since June on the problem of drive-by shootings. He would like to work also with the youth in Anaheim. Marilyn Hauk, Vice President, AMEA, addressed the budget and stated she felt the way the burden rates, etc. were calculated were unfair and made the City employee's salaries inflated and unable to compete in the bidding process. She would like to hear some commitment from Council as to maintaining the City in the manner it was when she moved here. Keith Oleson stated he was asked by the Citizens Gang/Drug Task Force to address the City Council this evening and to relay in the most positive way, that they are aware of the City's financial problems,, but what is disturbing is that not a lot of creativity is being used to find the necessary funds. Additional avenues of revenue are not the only options. While waiting or looking for funds more people are being shot in the parks. The community has demonstrated willingness to take an active part and it is time for the City Council to move on this problem. There being no further persons to speak on the Budget at this time, the City Council recessed to Closed Session on motion by Mayor Hunter, seconded by Council Member Pickler. Motion Carried. (4:20 p.m. ) LEONORA N. SOHL, CITY CLERK 423 City Hall, Anaheim, California - COUNCIL MINUTES - JUNE 16, 1992 - !~00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT ABSENT: PRESENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TREASURY MANAGER: William Sell ZONING ADMINISTRATOR: Annika Santalahti SENIOR REAL PROPERTY AGENT: Richard Santo A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:45 p.m. on June 12, 1992 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 5:20 p.m. REQUEST FOR CLOSED S. ESSION: 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. 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 By general Consent, the Council recessed into Closed Session. (4:20 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. (5:20 p.m.). INVOCATION: Captain Richard House, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 424 City Hall r Anaheimr California - COUNCIL MINUTES - JUNE 16r 1992 - 5:00 P.M. 119: PROCLAMATIONS..- The following proclamations were issued by Mayor Hunter and authorized by the City Council= Nolan Ryan Day in Anaheim - June 16, 1992 Hire a Youth Week in Anaheim- June 14-20, 1992 Amateur Radio Week in Anaheim- June 21-27, 1992 Frank Jacobson accepted the Hire a Youth Week proclamation; Kurt Freitag accepted the Amateur Radio Week proclamation. 119: DECLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council and presented to La France "Slim" Terrell for his exemplary service to the youth of Anaheim. Mr. Terrell joined the Anaheim Union High School District as a teacher and coach at Brookhurst Junior High in September 1958 and since that time has served in many different capacities in the district. He has also been a special friend to the City's Parks, Recreation and Community Services Department and youth sports groups in Anaheim. Mayor Hunter and Council Members personally congratulated Mr. Terrell for his long term and unselfish dedication to his profession and his community. He was given a standing ovation. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,029,398.58 for the period ending June 12, 1992, in accordance with the 1991-92 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5: 35 p.m. ) Mayor Hunter reconvened the City Council meeting. (5 = 37 p.m. ) PUBLIC COMMENTS - AGENDA ITEMS: There were public comments under Items A9 and Al2. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 92R-115 through 92R-122, both inclusive, for adoption. Council Member Pickler offered Ordinance No. 5313 for adoption and Ordinance No. 5316 for introduction. Refer to Resolution/Ordinance Book. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinance were read by the City Manager. (Resolution Nos. 92R-115 through 92R-122, both inclusive, for adoption; Ordinance No. 5313 for adoption. ) Council Member Pickler moved to waive the reading in full of the resolutions and ordinance. Council Member Hunter seconded the motion. MOTION CARRIED. Al. 118= The following claims were filed against the City and action taken as recommended: 425 Hall· _/tn_a_hei_mt Cal£fornia - COUNCIL NI~S - ~ !6t 1992 - 5:00 P.N. Claims rejected~ application for leave to present late claim denied and referred to Risk Management: a. Claim submitted by Josephine Rosewell for bodily injury sustained purportedly due to actions of the City on or about December 9, 1991. b. Claim submitted by Robert Lawrence La Ferriere for property damage sustained purportedly due to actions of the City on or about May 20, 1991. Application for leave to present late claim denied: c. Application submitted by Oceanview Medical Center (attn: Nancy Hurley) for bodily injury sustained purportedly due to actions of the City on or about June 7, 1991. A2. 170: ORDINANCE NO. 5316 - {INTRODUCTION}: AN ORDINANCE OF THE CITY OF ANAHEIM DELETING SUBSECTION 17.08. 039. 040 OF SECTION 17.08. 039 OF CHAPTER 17.08 AND ADDING NEW CHAPTER 17.10 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LOT LINE ADJUSTMENTS. A3. 160: Accepting the low bid of Public Works, Inc., in the amount of $325,936 for four regenerative air sweepers, in accordance with Bid $5039. A4. 160: Accepting the low bid of Westinghouse Supply Company, in the amount of $27,462.36 for six 75 KVA three phase padmounted transformers, in accordance with Bid $5048. AS. 160= Accepting the low bid of Haaker Equipment Company, in the amount of $184,088 for two mechanical street sweepers, in accordance with Bid $5040. A6. 137.-. RESOLUTION NO. 92R-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-98 PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1992/1993 AND THE ISSUANCE AND SALE OF 1992 TAX AND REVENUE ANTICIPATION NOTES THEREFOR. A7. 123: Approving the extension of agreements with John Cappelletti Associates, Harte Enterprises, International Management Systems Corp., Sizemore Computer Services, and DB Microware for contract programming and/or consulting services through February 28, 1993. A8. 123: Approving a License Agreement with Feedback Foundation, Inc., to utilize the West Anaheim Senior Center on a shared basis to provide a comprehensive meal program, including recreational activities, and social services to senior citizens through June 30, 1993. A~. 17~ ORDINANCE NO. 5313 - {ADOPTION} ~ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.03.092 OF CHAPTER 18.03 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GROUNDS FOR TERMINATION OR MODIFICATION OF CONDITIONAL USE PERMITS OR VARIANCES. Mr. Frank Elfend, Elfend and Associates, Newport Beach. The request by staff is a modification for grounds for termination of Conditional Use Permits or variances granted in the City. He feels the City retains control through the current process where they can terminate the CUP based on a variety of factors and the property has some assurances they can move forward with their project after having spent a considerable amount of time and money in going through the process. He read the proposed modification to the Code Section (.055) as 426 Hall, ~nahe£m, Cal£forn£a - COUNCIL MINUTES - ,YUNE 16, 1992 - 5500 stated in the proposed ordinance. Rather than discussing it today, he is asking for a continuance to work out wording that may be acceptable. Mayor Hunter asked if it would be a problem to continue the matter for one week. City Attorney White. He answered that it could be and thereupon gave the history and reasoning behind the proposed amendment. During his extensive presentation, he also explained there is an actual case pending relating to an auto repair facility in the hill and canyon area that was proposed before homes were built in the area. The code amendment would provide under circumstances where a neighborhood has changed and the permit not exercised for a considerable period, that a public hearing could be scheduled. The factors to be considered at a public hearing would be exactly the same as at the time the original permit was requested, one being that it is in conformance with the surrounding neighborhood and not detrimental to the land uses in the surrounding area. By adopting the code amendment, it would give the Planning Commission and City Council the flexibility to either modify or terminate a CUP or variance where it is found that there have been changes in the circumstances. At present, there is no ability the City has, either the Planning Commission or Council, to terminate, revoke, or even modify the permit until such time as the use is commenced and in operation. By continuing the matter, the Council would be running into the time difficulty in that the case cited is scheduled to return to the Planning Commission in July. If continued, there may be some difficulty with that particular hearing and tying the Planning Commission's hands regarding what it does with the permit. In concluding, Mr. White stated this is probably something that should have been in the code some time ago especially because the City allows applicants to extend existing permits without requiring them to go through the public hearing process. If there is a change, there should be the ability on the part of the City to either review or to modify the conditions placed on that permit to take into consideration the changes that have occurred. That is why the City Attorney's Office supports the proposed amendment as well as the City Planning Commission. Questions were then posed to the City Attorney by Council Members for purposes of clarification. At the conclusion of discussion, Council Member Ehrle stated one of the reasons he supports the proposal is the situation in the Central City Area. Things have dramatically changed in that area. Projects approved a couple of years ago may no longer fit in today. He would like the ability to be able to revisit those kinds of projects and this proposed amendment would allow that ~o happen. City Attorney White. The City Council granted several one year extensions to the use in the hill and canyon area not knowing it was a problem until the public found out about it and confronted the Council at a previous meeting. In the absence of having a requirement that every single permit holder come in every year and justify why they should get an extension of time, with a public hearing every year, if they have not exercised that permit within the twelve months, this is the trade off. Without either one, there is a potential difficulty. Frank Elfend. The City has the right, if they choose, to change something. They can do it every two years. That is already a part of the process. 427 City Hall, ~nahe~__m_, Cal£~[orn£a - COUNCIL MINUTES - JUNE 16, 1992 - 5:00 P.N. Secondly, there can be a new project, the applicant can go for the entitlements as a property owner or land developer spending time attempting to get financing for the project, be ready to build, go through the whole process and find there is someone who does not like the project who comes in and asks the City to reconsider it after it is already granted because this provision would now exist. This creates uncertainty to the individual who has gone through the process. It creates a mechanism that he feels is unnecessary. Council Member Daly. He asked if under the proposal will the Planning Commission have the discretion of holding a hearing. City Attorney White. It adds a subsection to the existing provision on termination or modification of permits which does not give a member of the public the right to schedule a hearing. It is up to the Planning Commission, Planning Department or City Council to direct the Planning Commission to schedule that hearing and to start that process. Council Member Daly then posed questions to Mr. Elfend asking for clarification relative to the reason he is requesting a continuance and which aspect of the ordinance was of concern. Mr. Elfend confirmed first that they are not opposed to the ordinance. They are just asking for more clarification relative to what additional or new information means as specified in the ordinance. Council Member Daly. The Council receives many requests for permit renewals. This would give a broader ability on the part of the public or staff to challenge an existing CUP for a project not yet built because circumstances have changed or something in the community has changed. City Attorney White. It does not give the public a broader ability directly. If the members of the public oppose a project for which a permit is not yet vested, they can go to the Planning Department, City Council or Planning Commission and request that a hearing be scheduled. Council Member Pickler. This is putting in place something that is needed at this time. Mr. Elfend can get further clarification if necessary. Al0. 179= Approving an Agreement with Burns and McDonnell, Inc., in an amount not to exceed $276,365 for engineering, designing, and preparation of construction plans, specifications, contract documents, and engineer's estimates for the Digital Telecommunications System, for the Public Utilities Department. All. 123: Authorizing the Public Utilities General Manager to execute the standard contract for the interconnection of Precision Anodizing and Plating's cogeneration system to Anaheim's electric system. A12. 139: Opposing SB 1757 introduced by Senator Rebecca Morgan, regarding the ability of a public entity to condemn private utility facilities for public utility purposes and communicating their opposition to appropriate representatives in Sacramento. Jeff Kirsch, 2661 W. Palais, Anaheim. He is asking that the Council reconsider its opposition to the proposed law. He believes before taking private property, a public agency that is in competition with a private entity should have to show an overwhelming public good and not just have an automatic presumption. He hopes the Council would share that view point. 428 C£2¥ Hall~ Anahe£m~ Californ£a - COUNCIL MINUTES - ~ 16~ 1992 - 5:00 P.M. A13. 153: RESOLUTION NO. 92R-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-22 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT. RESOLUTION NO. 92R-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS MIDDLE MANAGEMENT. RESOLUTION NO. 92R-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY. RESOLUTION NO. 92R-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-18 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS PROFESSIONAL. RESOLUTION NO. 92R-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF PAY FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME. A14. 153: RESOLUTION NO. 92R-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUPERSEDING RESOLUTION NO. 88R-115 AND AMENDMENTS THEREOF WHICH ESTABLISHED RATES OF COMPENSATION FOR SELECTED UNREPRESENTED PART-TIME JOB CLASSIFICATIONS. (Relating to event activities at either Anaheim Convention Center or Anaheim Stadium. ) RESOLUTION NO. 92R-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF PAY FOR CLASSIFICATIONS DESIGNATED AS UNREPRESENTED PART-TIME. A15. 175: The contract recommendation to award to the lowest and best responsible bidder, E.R. Paul Company, in the amount of $3,500,000 for Linda Vista Pump Station Modification, and in the event said Iow bidder fails to comply with the terms of the award, rejecting all bids and authorizing staff to rebid the project. (Continued from the meeting of June 9, 1992, Item All. ) This item was again continued as requested by staff to Tuesday, June 23, 1992. Al6. 114: Approving minutes of the City Council meetings held May 5, 1992, and May 12, 1992. A17. 114: Approving an Agreement for Rebate Calculation Services with Ernst & Young, an accounting firm, dated May 1, 1992, and authorizing the City Tr~anur~r to ~cut~ naid A~r~m~nt. Roll Call Vote on Resolution Nos. 92R-115 throuqh 92R-122, both inclusive, for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS; None The Mayor declared Resolution Nos. 92R-115 through 92R-122, both inclusive, duly passed and adopted. 429 City Hall r A_-_aheimf California - COUNCIL MINUTES - JUNE 16, 1992 - 5:00 P.M. Roll Call Vote on Ordinance No. 5313 for adoption AYES: NOES: ABSENT: COUNCIL MEMBERS= Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5313 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. A18. 106: PUBLIC _~_ARING - RECONVENE THE PUBLIC HEARING ON THE 1992/93 ~?.SOURCE ALLOCATION PLAN (BUDGET): Public hearings commenced on June 9, 1992 starting with departmental presentations at 2:00 p.m. along with a report from the Budget Advisory Commission and the Chamber of Commerce Blue Ribbon Committee (see minutes that date). Departmental presentations were also made and concluded today at the 2:00 p.m. workshop, public input was also received at that time and the public hearing continued to this portion of the meeting. Mayor Hunter asked to hear from anyone who wished to speak on the budget before Council action is taken. Gina Hainline, Employee Representative, Anaheim Municipal Employee' s Association (AMEA). Last year, the Union worked closely with City Manager Ruth and staff and put forth efforts which saved the City money. These efforts are ongoing this year. Yesterday morning they spoke with the City Manager as well as Jim Armstrong, Assistant City Manager and Ken Stone, Program Development and Audit Manager relative to the burden rate. Last week, AMEA did a survey of surrounding cities showing their burden rates. She thereupon submitted a copy of the survey. She spoke to Mr. Stone again today regarding how the burden rate is formulated. They have agreed to disagree on whether or not the way the burden rate is calculated is accurate as far as AMEA is concerned. They are also concerned about what they consider "waste" in the City's budget, which was addressed earlier today when Sharon Ericson (President, AMEA) gave dollar figures on six different accounts. One of the things brought to the attention of the City Manager's Office yesterday is that some of the Union's employees were not budgeted for in the upcoming budget because bids had gone out for the maintenance of four buildings. They are concerned that these jobs are not being budgeted even before the bids come in. Their employees are putting together a bid to submit with the other bids from the contractors to maintain four facilities. The way the burden rate is done, in their opinion, creates an unreal figure and makes it difficult for their employees to come in with a labor rate which is comparable to outside contractors. Before concluding, Mrs. Hainline expressed further additional concerns amongst which, recently there was a trip to Washington D.C. attended by five or six City people at the expense of taxpayers, in that last year if the Utility Users' Tax had been established at 4% instead of 2%, the City would have been better off for the next couple of years. She asked that the Council look carefully at some of the questions and the issues raised before cutting their jobs. When she talked to the City Manager yesterday, he answered many of their questions and if he did not know he directed her to others who could. She feels his hands are tied. Council Member Ehrle said it last week, it is the Council that makes the decisions and 430 C£ty Hall r Anahe£mr Cal£~orn£a - COUNCIL MINUTES - JUNE lS r 1992 - 5~00 P.M. sets policy. Their members are not only just employees, but a vast majority are City residents and the same with IBEW. They have a vested interest in what is going on not only with their jobs, but also what happens in the City. She urged again that they look carefully at the budget. COUNCIL AC~ION~ There being no further persons who wished to speak, Mayor Hunter closed the public hearing. Council Member Pickler. It is his understanding, depending upon what the State does, they may be back 30-days from today to reopen the budget. City Manager Ruth. Just received was a fax from Sacramento and nothing has changed. The State is still looking strictly at property tax revenues and vehicle license fee revenues. As soon as a decision is made, staff will come back with contingency plans for Council consideration. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-123 through 92R-126, both inclusive, for adoption. ) Council Member Hunter moved to waive the readings in full of the resolutions. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution Nos. 92R-123 through 92R-126, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 92R-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE ANNUAL APPROPRIATIONS LIMIT ($337,996,017) FOR THE FISCAL YEAR 1992/93. RESOLUTION NO. 92R-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) ANNUAL APPROPRIATIONS LIMIT ($123,768,464) FOR THE FISCAL YEAR 1992/93. RESOLUTION NO. 92R-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HICHLANDS) ANNUAL APPROPRIATIONS LIMIT ($123,768,464) FOR THE FISCAL YEAR 1992/93. RESOLUTION NO. 92R-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3 1992/93. Roll Gall Vote on Resolu%~on Nos. 9~R-l~ throuqh 9RR-12g, bo%h ~nclus£ve, £or adop2ion: AYES: NOES: ABSENT: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-123 through 92R-126, both inclusive, duly passed and adopted. OOO: RECEIVE PUBLIC TESTIMONY ON CHANGES IN FEE SCHEDULES: Mayor Hunter asked to hear from anyone who wished to address the proposed changes in fee schedules in certain City departments. 431 City Hall~ ~%~tahe£m~ Californ£a - COUNCIL MINUTES - ,~tYNE 16~ 1992 - 5~00 P.M. Since no one wished to speak, Mayor Hunter thereupon closed the public hearing on the proposed fee schedules. Council Member Pickler. Relative to the Business License tax fee, he still has a concern relative to the category which includes barbers, baby sitters, beauticians, etc. He would like that reconsidered and put on a gross basis which he feels would be more fair and equitable. He would like staff to come back with a recommendation to the Council. Mayor Hunter. He agrees that staff needs to submit information to the Council. He feels if they are put on a gross basis, it could be that some would be paying more than what they are paying on a flat business license tax. There might be some averages that would show they would be paying more on a gross basis. It was determined that staff is to submit a report/recommendation on the business license fees for the category which includes barbers, baby sitters, beauticians, etc., to determine whether it is more equitable on a gross basis or a flat tax. Council Member Ehrle asked if the City currently had a business license fee per multiple dwelling unit and if it was two units or four units and above; Bill Sell, Treasury Manager. He answered as far as multiple units, they currently charge on a per unit basis on those units greater than four. It $5 per unit but only on those of four units or more. MOTION.' Council Member Ehrle moved to adopt the 1992/93 Resource Allocation Plan. Before further action was taken, Council Member Ehrle stated he is moving to adopt the budget with full knowledge that within 30 days or less they might have to revisit the plan and become more creative. It is likely that whatever occurs in Sacramento will have a major consequence on Anaheim's budget as well as all cities in California. It is the Council's responsibility at this time to follow the City's Charter and have a balanced budget. Council Member Daly. He is tempted to vote no on the budget. He agrees that there will be bad news coming from Sacramento with the worst case that the City will loose $11,000,000 plus in revenue and the best, $2,000,000 plus. He tends to disagree that libraries are to remain closed on Mondays, there is too much overhead, he does not like to spend one time revenues for operating expenses. He is going to support the budget because he believes in the City Manager and that he has one of the most difficult jobs anywhere at this time. He is encouraging the City Manager to be more creative to consider some management positions, possibly some departments, streamline the operation, reduce overhead and continue ~o put £or2h as much services as they can 2o the neighborhoods. While he disagrees with some of the recommendations in the plan, he is going to support the overall package. He is going to keep looking for money in the budget to restore the library cuts. He is counting on Mr. Ruth to continue doing a good job in managing the City. Mayor Hunter. Last year, there were close to 2,000 people in the audience when a portion of the budget along with the Utility Users' Tax was being deliberated. Two Council Members, he and Council Member Simpson fought hard not to have the libraries closed by approving the Utility Users' Tax the full four percent recommended instead of only two percent. Had the Council done so, with one more Council vote, they would not be here today. They would not have had to close libraries or lay off employees or be in the position they 432 C£ty Hall, _~__aheim, California = COUNCIl, NINUTE$ = JUNE 16, 1992 - 5~00 P.14. are in today. He is going to keep reminding people of the fact that at one time there were three votes for the four percent Council Member Ehrle. He takes strong exception to the statement. He voted his conscience in the way tax payers wanted him to vote. A vote was then taken on the motion offered by Council Member Ehrle clarifying that the total of the 1992/1993 Resource Allocation Plan is $538,385,759, Council Member Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY. WAIVER OF READING - RESOLUTION: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 92R-127 through 92R-135, both inclusive, for adoption. ) Council Member Pickler moved to waive the readings in full of the resolutions. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution Nos. 92R-127 through 92R-135, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 92R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS-ENGINEERING DEPARTMENT OF THE CITY OF ANAHEIM. RESOLUTION NO. 92R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE AMOUNT OF THE PARK IN-LIEU FEE AND RESCINDING RESOLUTION NO. 91R-195. RESOLUTION NO. 92R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING CERTAIN POLICIES AND FEES TO BE CHARGED FOR CITY-WIDE PARK AND RECREATION PROGRAMS AND SERVICES AND ESTABLISHING AN EFFECTIVE DATE OF SEPTEMBER 1, 1992. RESOLUTION NO. 92R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING AN ADVANCE RESERVATION FEE AND THE GREEN FEES AND CART RENTAL FEES TO BE CHARGED AT THE H.G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE. RESOLUTION NO. 92R-131~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING AND MODIFYING FEES FOR PLANNING, ZONING AND LAND USE PETITIONS, PERMITS, APPROVALS AND APPEALS. RESOLUTION NO. 92R-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM, AND RESCINDING RESOLUTION NO. 91R- 200. RESOLUTION NO. 92R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE RECOMMENDATION OF THE LIBRARY BOARD OF THE ANAHEIM PUBLIC LIBRARY TO INCREASE CERTAIN FINES AND FEES. RESOLUTION NO. 92R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING CERTAIN FEES IN CONNECTION WITH THE BUSINESS LICENSE TAX ORDINANCE AND SUPERSEDING RESOLUTION NO. 91R-198. RESOLUTION NO. 92R-135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A FEE TO COVER THE COST OF PROCESSING SPECIAL PACKAGE FORMS FOR TRANSIENT OCCUPANCY TAX COLLECTION. 433 City Hall, ~nahe!m_, California - COUNCIL MINUTES - JUNE 16, 1992 - 5~00 P.M. Roll Call Vote on Resolution Nos. 92R-127 throuqh 92R-135, both inclusive, ~or adoption,s, AYES: NOES: ABSENT: COUNCIL MEMBERS= Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 92R-127 through 92R-135, both inclusive, duly passed and adopted. B1./B2. 179: OBDINANCE NOS. 5314 AND 5315 FOR ADOPTION~ WAIVER OF READING - ORDINANCES.'. The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5314 and 5315) Council Member Hunter moved to waive the reading in full of the ordinances. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Hunter offered Ordinance No. 5314 for adoption, amending Title 18 to rezone property under Reclassification No. 86-87-22 located generally at State College and Katella Avenue (southeast corner) from the ML zone to the CO zone; and Ordinance No. 5315 for adoption, amending Title 18 to rezone property under Reclassification No. 91-92-15 located at 610 S. Sunkist Street from the RS-A-43,000 zone to the RS-7200 zone. Refer to Ordinance Book. ORDINANCE NO. 5314: 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. 86-87-22 located generally at State College and Katella Avenue, southeast corner, from the ML zone to the CO zone. ) ORDINANCE NO. 5315: 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. 91-92-15 located at 610 S. Sunkist Street from the RS-A-43,000 zone to the RS-7200 zone. ) Roll Call Vote on Ordinance Nos. 5314 and 5315 for adoptions AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance Nos. 5314 and 5315 duly passed and adopted. D1. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 3465 AND NEGATIVE DECLARATION: OWNER= Timothy J. and Cathleen A. O'Neill, 3100 E. Birch, Brea, CA 92621. LOCATION: 1420 N. Lemon Street. Property is approximately 1.13 acre located at the northeast corner of Lemon Street and the Riverside (91) Freeway. To permit an automobile repair center with waiver of minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3465 DENIED (PC92-35) due to traffic visibility constraints (6 yes votes, i absent). Waiver of code requirement DENIED Denied Negative Declaration. 434 C£2¥ Hall~ Anahe£m~ Californ£a - COUNCIL MINIFTE$ - ~ 16~ 1992 - 5~00 P.N. HEARING SET ON: A letter of appeal of the Planning Commission's decision was submitted by John J. Dee, Law offices of Sullivan, Workman and Dee, on behalf of the owners, Timothy J. and Cathleen A. O'Neill and continued from the meetings of May 5, 1992 and June 2, 1992 to this date (see minutes those dates ). PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 23, 1992 Mailing to property owners within 300 feet - April 23, 1992 Posting of property - April 24, 1992 PLANNING STAFF INPUT ~ See staff report to the Planning Commission dated March 23, 1992. Council Member Pickler. He read the letter from the petitioner requesting an additional continuance noting that letter of June 12, 1992 from Phillip Schwartze, agent for the applicant indicates that recent meetings with staff have produced an acceptable resolution to the concerns of the land owner. He asked staff the status at this point. City Attorney White. He is not aware that an acceptable solution has been accomplished. He is aware that a meeting took place this morning in his office involving members of City staff, the applicant and the applicant's attorney. He does not know the outcome of the meeting because it was not completed by the time he had to be at the Council meeting. Council Member Pickler. This is the second continuance. It was denied by the Planning Commission on a 6-0 vote. If they are making changes, he asked if it should instead be back at the Planning Commission where he believes it belongs. He asked if the Council had to grant the continuance this time. City Attorney White. He answered no. He does not know if the applicant or a representative is present tonight. Part of the problem involved is two fold - one of the issues relates to the CUP which is on the Council agenda. Another issue that seems to be getting intertwined is what uses can be made of the property because it is such a difficult location, what access does it currently have and what access would the City approve to that site because it is located at a very unique intersectional corner. His recommendation would be if the applicant is not here and prepared to go forward, that the Council continue the hearing. He does not believe there are people in the audience in opposition. He suggests that they do allow one more continuance. If Council wishes to indicate that it will not entertain further continuances, that would be appropriate and to advise the applicant to be prepared to go forward at the next meeting or withdraw the appeal. MOTION: Council Member Pickler moved to continue the public hearing to Tuesday, July 14, 1992 but that no additional continuances will be granted and the applicant is to be prepared to go forward with the public hearing at that time. Council Member Simpson seconded the motion. MOTION CARRIED. D2. 176~ PUBLIC HEARING - ABANDONMENT NO. 92-1A: In accordance with application filed by the Anaheim Redevelopment Agency, public hearing was held on proposed abandonment of water easement located generally at the northeast corner of Lincoln Avenue and Olive Street extending to Cypress Street and east to the Santa Fe Railroad tracks - the Lincoln Village project pursuant to Resolution No. 92R-100 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. 435 CitF Hall t Anaheim, C&liforni& - COUNCIL MINUTES - JUNE 16, 1992 - 5:00 P.M. Report of the City Engineer dated April 27, 1992 was submitted recommending approval of said abandonment. Richard Santo, Senior Real Property Agent. He stated that staff recommends approval of the proposed abandonment. Mayor Hunter asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Hunter, seconded by Council Member Simpson, the City Council determined that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 92R-136) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 92R-136 for adoption, approving Abandonment No. 92-1A. Refer to Resolution Book. RESOLUTION NO. 92R-136: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 92-1A. Roll Call Vote on Resolution No. 92R-136 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 92R-136 duly passed and adopted. ADJOURNMENT: Council Member Hunter moved to adjourn, Council Member Pickler seconded the motion. MOTION CARRIED. (6: 45 p.m. ) LEONORA N. SOHL, CITY CLERK 436