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1991/07/16City Hallr Anaheimr California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. PRESENT= ABSENT= PRESENT= The City Council of the City of Anaheim met in regular session. COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS= None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK= Leonora N. Sohl ASSISTANT CITY CLERK= Ann Sauvageau DEPUTY PLANNING DIRECTOR= Mary McCloskey TRAFFIC & TRANSPORTATION MANAGER= John Lower INTERGOVERNMENTAL RELATIONS OFFICER= Kristine Thalman EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT= Lisa Stipkovich PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR= Chris Jarvi RECREATION SUPERINTENDENT= Mark Deven ZONING ADMINISTRATOR= Annika Santalahti PRINCIPAL TRAFFIC ENGINEER= Christopher Dahl A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3=45 p.m. on July 12, 1991 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the workshop portion of the meeting of July 16, 1991, to order at 3=00 p.m. City Manager James Ruth. The first presentation is an update on the City's Growth Management Plan (GMP), a plan which the Council asked be initiated last August. Staff has been working on the plan with the cooperation of the Citizens Steering Committee formed by the Council for this purpose. Mary McCloskey, Deputy Planning Director, will present a Growth Management overview, John Lower, Traffic and Transportation Manager will speak on the status of the Congestion Management Program and air quality element and Kristine Thalman, Intergovernmental Relations Officer will update the Air Quality Management Plan. 155= UPDATE ON GROWTH MANAGEMENT PLAN= Mary McCloskey, Deputy Planning Director. She updated the Council on the work staff has been doing on the City's Growth Management element which encumbers city needs, incorporates requirements of the Air Quality Management Plan as well as the Congestion Management Plan. Proposition 111 approved by the voters in June of 1990, as well as Measure M, approved by the voters in November of 1990, both required a growth Management Plan. When the element is submitted to the Council for consideration, it will represent local needs as well as regional and state programs. Staff and the consultant have held two meetings with the twelve member Citizen's Steering Committee appointed by the Council and have met with all affected departments. A draft technical memorandum outlining growth and growth trends within the City was developed and has been forwarded to the Citizen's Steering Committee but there has been no further meeting with them to get their coa~nents on that document which will be incorporated into the GMP. 441 City Hallt Anaheimt California - COUNCIL MINUTES - July 16~ 1991, 5:00 P.M. Council Member Daly entered the Council Chamber (3~10 p.m.). Relative to the Air Quality Management Plan, Planning staff is in the process of completing their initial review which will also be forwarded to the Citizen's Steering Committee for review and comment. It has taken longer to prepare the document than originally anticipated due to high priority projects which are in process at this time. A draft element will be ready for all City departments to review by the end of this month. It will then be forwarded to the Citizen's Steering Committee and there will be two additional meetings with the committee to get their input, revisions made and then forward the plan to the Planning Commission for recommendation and subsequently to the Council for action. Before concluding, Mrs. McCloskey briefed the Council on the activities of the State-wide Growth Management Task Force as well as legislative concerns noting that relative to the latter, fifty-four (54) bills dealing with growth management had been introduced in the last year. She briefed four main bills which will have an impact. Growth management is very complicated and staff must continue to closely monitor the bills and then lobby when appropriate. John Lower, Traffic and Transportation Manager. He briefed the Council on the Congestion Management Program which came into being with the passage of Propositions 108 and 111, the main component being the highway service system, acceptable levels of congestion and the service levels that have to be maintained. Development cannot occur unless Minimum Level Service E is maintained (A/Best - F/Worst). In Anaheim, there are three intersections where levels of service are at D which he briefed. In concluding his presentation, . Mr. Lower explained that staff is now in the process of preparation of a City-wide traffic model enabling a more routine monitoring of the City's major intersection locations. As part of that same consulting contract, an Air Quality Element of the General Plan will either be put in place or the existing General Plan modified. All elements will be reviewed and any section relating to air quality will be given consideration to ensure consistency among all the various elements of the General Plan. Kristine Thalman, Intergovernmental Relations Officer. She briefed the Council on the overall Air Quality Management Plan. In August of 1989, the California Air Resources Board adopted the South Coast Air Quality Management Plan. Last Friday, some interesting modifications were made to the Air Quality Management Plan which she briefed. The new modifications will require study by a working group from various agencies. Many of the transportation control measures outlined in the 1989 plan are now required under Proposition 111 passed by the voters in 1990. The Clean Air Act of 1991 includes forty (40) new control measures, but the Local Government Control Measures, for the most part, reflect the 1989 plan. She then explained how Anaheim has addressed the Air Quality Management Plan. Overall the 1991 Amendment appears to address some of local government's concerns but there are still questions remaining as to who will bear the costs of implementation and responsibility for enforcement. Moreover, the plan has yet to be sanctioned by the California Air. Resources Board (ARB). If the ARB adopts the plan, then it goes to the federal level which has ultimate approval. Answering Council Member Daly, Mrs. McCloskey explained that the future 442 City Hall. Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. meetings with the Citizen's Advisory Committee have not been scheduled as yet but staff is targeting to schedule two meetings in August. Staff would first like to send the document to them to give them an opportunity to review it and then get their input. The comittee has not had a chance to sit down with staff and the consultants as yet to determine what a Growth Management Plan should be. Staff felt the best approach was to prepare a draft that represented the City's and staff's consensus on what the concerns were. The committee has met twice thus far and two more meetings are anticipated. Council Member Daly. It is a talented committee representing many different specialties. He has heard some feedback that they have not been meeting. The committee was formed about a year ago and although they may not completely understand the plan, there is an advisory committee in place looking to advise and give input. He wants to be certain the coaunittee is involved in the process. John Lower. Answering Council Member Pickler relative to Measure M funds, the funds will be coming in just as soon as the legal issues surrounding the measure are resolved. At this point, they are being held in escrow. He confirmed that the Growth Management Plan does not have to be submitted before payments are made to the City. 175= STACKING PLAN FOR CITY FACILITIES= City Manager James Ruth. The timing for the plan is very critical in terms of going out to bid and moving on with the plans and specifications by the architect for the City building in the Koll Anaheim Center. Staff would like to have direction from the Council today. Lisa Stipkovich, Executive Director of Community Development. There are two different stacking proposals as shown in the handouts she is submitting - FSO-9, the floor stacking diagram previously approved by the Council in January, and FSO-12, a proposed plan in response to a request to consider putting the City Council and City Manager's office into the new building. (Plan diagrams - made a part of the record). Mr. Joe Petitpas, Robert Borders and Associates has been working with staff on the interior design and he briefed the Council on the two alternatives. Mr. John Roche, Maintenance Director was also present to address the proposed stacking plan for City Hall. Mr. Joe Petitpas, Robert Borders and Associates. The plan previously approved in January (FSO-9) shows the Public Utilities Administration group on the top floor. He briefed the previously approved plan and subsequently briefed the proposed plan (FS0-12) which would place the City Council, City Manager, Public Information Office and Marketing Center on the llth floor of the new building taking the space provided on the 3rd floor out of the 'deck" and sliding each user down one floor to provide space on the 11th floor. He then briefed the remainder of the stacking plan under the new proposal. Maintenance Director John Roche then answered questions posed by Council Member Daly on what impact the new building would have on the City Hall/Civic Center Building. Ultimately when the Utilities..Department moves across the street, other departments/people would be moved around to fill the space in the Civic Center building which will take the City up to the year 2000 or 2010. This will enable all of the departments who are now leasing space on the outside to move into the Civic Center. 443 City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. Discussion then followed between Council Member Daly and staff relative to access to the new building with the discussion concluding that access will be better especially for people paying their Utilities bill. A drop off will be provided without the customer, having to get out of his or her car. There will also be a pneumatic tube to connect the two buildings for collection purposes. Council Member Simpson. Under the alternate proposal (FSO-12) three of the departments who report to the City Manager would be across the street as opposed to whatever number of departments are left in the Civic Center. He is curious as to what kind of operational difficulty that will cause. It will also change the way in which the Council currently does business in that the Council is currently staffed by the City Clerk's Office and the City Clerk will be remaining in the Civic Center building. His concern is with function more than form. Council Member Daly. Departments that normally work with one another ought to be together. Relative to Council Member Simpson's com~ents, the City Council, City Manager, City Clerk's Office generally have a lot of interaction especially with a Council meeting almost every Tuesday. Clearly the City is in a Council - Manager form of government and the Council and Manager go together very closely. Increasingly they deal with redevelopment as a Council almost every Tuesday which he feels will increase and not decrease. On the original plan, Utilities is spread throughout the new building and he feels if they are going to move, they should be on consecutive floors. They need to determine what is going to make public business easier to conduct. Mayor Hunter. He does not believe the City Council should be across the street. He rarely goes to his 7th floor office now, but does go to the City Clerk's office to sign documents, go through his paperwork and receive his phone messages. The way Council offices are set up in the City Manager's Office ought to remain and the Oouncil should not go to the new building. He sees the Council isolating themselves from the way the rest of the City is going to work. They ought to go with plan nine. He reiterated he does not think the City Manager and City Council should move across the street. Questions were posed to staff and comments made by Council Members relative to the two plans during which Mrs. Stipkovich explained why certain departments were proposed to occupy the new building, a great deal having to do with financing. Utilities was the issuer of the bonds and they are seen as one of the biggest users. Secondly, they looked at departments that could afford a higher rent and had other than general fund revenue; it had a lot to do with who was general funded and who was not. Most of the departments who will be occuDy£n~ the new bu£1d£n~ are non-general funded. Rents will be h£~her than in the Civic Center building where there is no debt service. The rationale behind the departments going into the new building was driven by the ability to pay the higher cost. Council Member Ehrle. From an elected official's point of view, he feels the Civic Center building is.the recognized City building. It is the heart of City Government. The departments the City Manager works with should be together - planning, building, engineering, etc. He has attended many liaison meetings with the City Manager in these departments and under the alternate proposal, he 444 City Ha~l. Anaheim. California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. sees nothing but mass confusion and waste of time and energy with people having to continually walk across the street. Their time and efficiency is more valuable then being in a nice building. Their role is to serve the community in the most efficient manner. A move to the new building would be inefficient and ineffective. Mayor Hunter. There are departments now in Bank of America, First Interstate Bank, the Kraemer building, Chamber of Commerce building and the taxpayers are paying for housing those people in those facilities. They can eventually all be housed in a City-owned facility. He feels the direction is to go to Plan 9, the original proposal. After further discussion between Council Members both pro and con, Council Member Daly suggested that the Council give feedback to the City Manager on the issue within seven days. Mayor Hunter. He wants staff to tell them what they recommend. Ed Aghjayan, General Manager Public Utilities. Utilities had a desire to be close to Data Processing, Labor Relations and the City Treasurer. They have close working relationships with those departments and meet with them on a daily basis. Having them close to Utilities allows the department to communicate with them more closely and Utilities picks up a good portion of the tab for the operation. Lisa Stipkovich. Staff has started working drawings on five of the floors after Council approval in January. The plans can be redone but the Council should understand the impact in terms of changes. They can be made, but it will have an impact on the schedule. The only structural floor particularly designed for a certain user is the 4th floor because of the heavy load for data processing. There are special requirements for the steel on the 4th floor. That is one of the floors she recommends not making any changes which would almost be physically impossible to do at this time. However, there'are five other floors where they are working on working drawings which they want to get out to bid. A week or two delay will not be a problem. City Manager Ruth. Staff will take input from Council and get back with recommendations in terms of the stacking plan. REQUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Ses~£on to eon~ider the follow£ng 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. 445 City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. 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. f. Jones vs. City of Anaheim, O.C.S.C. No. 65-65-69. g. To meet with its Real Property negotiator concerning the disposition of certain property known as the Anaheim Plaza owned by CALSTRS. By general Consent, the Council recessed into Closed Session. (4:07 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=07 p.m.) INVOCATION= Pastor Marvin Jacobs, First Congregational Church, gave the invocation. FLAG SALUTE= Council Member Irv Pickler led the Assembly in the Pledge of Allegiance to the Flag. 119~ PROCLAMATION= The following proclamation was issued by Mayor Hunter and authorized by the City Council= Associated Locksmiths of America week in Anaheim, July 17-23, 1991 Evelyn Wersonick accepted the proclamation. 119= DECLARATION OF RECOGNITION= A declar&tion of recognition was unanimously adopted by the City Council and presented to Mr. Angelo Di Censo, Maintenance Department, upon his retirement following nearly 21 years of service. Mayor Hunter and Council Members congratulated Mr. Di Censo, wished him well in his retirement and commended him for the service given to the City and citizens of Anaheim. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $8,535,599.14 for the week ending July 12, 1991, in accordance with the 1990-91 Budget, were approved. Mayor Hunter recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:17 p.m.) Mayor Hunter reconvened the City Council meeting. (5:26 p.m.) 446 City Hallr Anaheimr California - COUNCIL MINUTES - July 16~ 1991, 5:00 P.M. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Hunter, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recon~endations furnished each Council Member and as listed on the Consent Calendar; Council Member Hunter offered Resolution Nos. 91R-226 through 91R-229, both inclusive, for adoption. Refer to Resolution Book. Al. 105= Receiving and filing minutes of the Senior Citizens Commission meetings held April 11, 1991 and May 9, 1991. 105: Receiving and filing minutes of the Community Services Board meeting held May 9, 1991. 105= Receiving and filing minutes of the Private Industry Council meeting held May 23, 1991. 173: Receiving and filing a Notice to Customers regarding the filing of Application 91-06-032 with the California Public Utilities Commission by Southern California Gas Company to request authority to raise rates to cover the cost of the Natural Gas Vehicle Market Development Program (gas powered vehicles). A2. 101= Approving a Notice of Completion of the construction of Anaheim Stadium Sound System by Maryland Sound Industries, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A3. 169: Approving a Notice of Completion of the construction of Tustin Avenue Street and Water Improvements by Vernon Paving Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 169: Approving a Notice of Completion of the construction of the Coronado Street, Storm Drain, and Water Line Improvements by Sully-Miller Contracting, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 1672 Approving a Notice of Completion of the Installation of Pedestrian Traffic Signal on Knott Street north of Danbrook Avenue, on Sunkist Street south of Sycamore Street, and at Santa Ana Canyon Road and Mohler Drive by Paul Gardner Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A6. 151= Approving an Encroachment License Agreement (91-3E) with Orange County water District for three water monitoring wells at various locations in Anaheim. A7. 169: RESOLUTION NO. 91R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AFFIRMING THE CONSISTENCY BETWEEN THE CIRCULATION ELEMENT OF THE ANAHEIM GENERAL PLAN AND THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. A8. 170= Approving the Final Map of Tract No. 12694 and the Subdivision Agreement with Presley, said tract being located at the northerly side of Sunset Ridge Road, westerly of Serrano Avenue, and further described as 447 City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5:00 P.M. Development Area 6 of The Highlands at Anaheim Hills Specific Plan. A9. 170: ORDINANCE NO. 5242 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING IN HILLSIDE AREAS. (Introduced at the meeting of July 9, 1991, Item Ag.) A~0. 000: RESOLUTION NO. 91R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE ADDITIONAL DEVELOPMENT FEE FOR THE ANAHEIM STADIUM BUSINESS CENTER AREA. All. 160: Accepting the bid of Simon Westcoast, Inc., in the amount of $322,536 for four Electrical Troubleshooter Trucks, in accordance with Bid ~4953. A12. 160: Accepting the low bid of I.S.I. Group, Inc., in the amount of $22,250 for one Thermal Imaging System, in accordance with Bid $4960. A13. 160: Authorizing the Purchasing Agent to issue change orders for sales/use taxes, as required, to Purchase Orders placed prior to the effective date(s) of any sales/use tax increases by the State or local governments within the State of California. Al4. 160: Authorizing the Purchasing Agent to issue a change order to Deco Utility Supply Corporation, in the amount of $16,677.03 for an additional 25,230 feet of 653.9 KCMIL cable, in accordance with Bid ~4940. Al5. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for eleven months ended May 31, 1991. A16. 158: RESOLUTION NO. 91R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A17. 156: Waiving Council Policy 306 and approving the purchase and installation of soundproofing and operating consoles for the Video Production Center from Marketec, in the amount of $67,895.14 from Drug Forfeiture Funds ($20,000) and Police 2000 Certificates of Participation ($47,895.14); and amending the FY 1990/91 RAP by increasing Police Department Forfeiture Fund exl~enditure appropriations by $20,000. Al8. 123: Authorizing the Anaheim Police Department to accept funds, in the amount of $75,264 yearly to provide one D.A.R.E. Officer for the Anaheim City School District. A19. 156: Waiving Council Policy 306 and approving the purchase of rear-projection video equipment for the Police Department, in the amount of $27,936.55 and all related equipment required for turnkey installation by American Video Communications, Inc.,as a sole.source vendor. A20. 156: Waiving Council Policy 306 and approving the purchase of supplemental furniture from Hart Facility Resources, Inc., as a sole source vendor, in the amount of $17,917.45 for the Police Department. 448 City Hallr Anaheim. California - COUNCIL MINUTES - July 16, 1991r 5:00 P.M. A21. 150: Denying the request for a fee reduction by the West Anaheim Nursery School for their use of Brookhurst Community Center on November 23, 1991. Gayle Crabtree, 1655 S. Camrose Way, Anaheim. She is President of the West Anaheim Nursery School, a non-profit, non-sectarian organization. In the past two years, their preschool has rented the Martin Recreation Center for their Holiday of Crafts Bazaars fund raiser for $50. They would like to move their event back to the Brookhurst Community Center due to visibility and parking problems. They were informed that the fee for the Brookhurst Community Center is $680. They originally requested that the fee be reduced to $50, which is the fee they have been charged to rent the Martin Recreation Center and the Brookhurst Center years previous to that. They are now requesting that the fee be reduced to $300 which would cover the City cost of staffing the event. Their event does not just benefit the West Anaheim Nursery School but several other organizations which she named. This event is a holiday bazaare open free to the public and is their main fund-raising event. They have been in Anaheim for 30 years. They do not just serve 35 to 50 kids but approximately 1,300 in Anaheim and would like to continue the tradition. Chris Jarvi, Director of Parks, Recreation and Community Services. Staff does not question the worthwhile nature of the event. The fee schedule is established by the City Council and it is equitable. There are options available that would make the event free to the organization if they did not choose this particular time period. The department cannot see any overriding concern why the fee should be waived. If they did, they would end up waiving almost every fee for every non-profit group in that time period. There is no charge to non-profit groups during the week. Council Member Daly asked if it was made clear to the operators that if they chose another day, the use of the building would be free. Mark Deven, Recreation Superintendent. On June 20, 1991, staff met with representatives of the West Anaheim Nursery School and advised them that Monday through Thursday is the period during the day and evening when they would have the use of the facility available at no charge. Their response was, the nature of the event needs to be on a weekend. That is why the Nursery School pursued the issue to be presented to the Council tonight. At the conclusion of the Consent Calendar, the Council denied the request as recommended by staff. A22. 123: Approving the assignment of interest in two reimbursement agreements with Woodcrest Development, Inc., dated May 10, 1991'(Weir Canyon Pump Station) and June 14, 1988 (Sycamore Canyon Transmission Main). Woodcrest Development, Inc., wishes to assign its rights in both of those agreements to First California Capital Markets Group, Inc., and First California; then wishes to assign its rights in those agreements to Virginia Schumacher. A23. 153: RESOLUTION NO. 91R-229: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM. (classification of Cabinet Maker). 449 City Hallt Anaheim, California - COUNCIL MINUTES - July 16t 1991t 5:00 P.M. A24. 123: Approving an agreement with Carolyn Griebe, dba Carolyn Griebe and Associates, in an amount not to exceed $46,000 for public relations services, in connection with Code Enforcement activities, and authorizing the Mayor and City Clerk to execute said agreement. WAIVER OF READING - RESOLUTIONS: The titles of the resolution on the consent calendar were read by the City Manager. (Resolution Nos. 91R-226 through 91R-229, both inclusive.) Council Member Hunter moved to waive the reading in full of the resolutions. Council Member Simpson seconded the motion. MOTION CARRIED. Roll Call Vote: AYES= NOES= ABSENT= COUNCIL MEMBERS: COUNCIL MEMBERS= COUNCIL MEMBERS= Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution Nos. 91R-226 through 91R-229, both inclusive, duly passed and adopted. The motions of the consent calendar were moved by Mayor Hunter seconded by Council Member Simpson. MOTIONS CARRIED (ALL AYES). End of Consent Calendar. ITEMS B1 - B2 DECISION DATE: JULy 18. 1991= FROM THE ZONING ADMINISTRATOR MEETING OF JUNE 27~ 1991 - JULY 3, 1991 , INFORMATION ONLY - APPEAL PERIOD ENDS B1. 179: VARIANCE NO. 4132 AND NEGATIVE DECLARATION: OWNER: CATELLUS DEVELOPMENT, 1065 N. Pacificenter, Anaheim, CA 92806 Attn: Rick Del Carlo. LOCATION: Southeast corner of Manassero Street and Landon Drive. Property is approximately 7.0 acre located at the southeast corner of Manassero Street and Landon Drive. Waiver of minimum number of parking spaces to permit a 41,500 square feet building (containing 10,000 square feet of office area and 31,500 square feet of warehouse area for Superior Pool Products). ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4132 APPROVED (ZA91-27). Approved Negative Declaration. B2. 179= WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3425 AND NEGATIVE DECLARATION: OWNERs A.F. RICHTER AND DORIS K. RICHTER, 30001 Crown Valley Pkwy., Suite P, Laguna Niguel, CA 92677. LOCATION: 1086 North State College Boulevard. Property is approximately 9.07 acres located north and east of the northeast corner of La Palma Avenue and State College Boulevard. To permit the expansion of an existing restaurant/night club with on-sale liquor with waiver of minimum number of parking space. 450 City Hall~ Anaheim. California - COUNCIL MINUTES - July 16r 1991r 5=00 P.M. ACTION TAKEN BY THE ZONING ADMINISTRATOR= CUP NO. 3425 APPROVED (ZA91-28). Approved Negative Declaration. End of the Zoning Administrator Items. B3. 179= RESCINDING RESOLUTION NO. 91R-111. NUNC PRO TUNC= WAIVER OF READING - RESOLUTION= The title of the following resolution was read by the City Clerk. (Resolution No. 91R-230) 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. 91R-230 for adoption, granting Conditional Use Permit No. 3389, and rescinding Resolution No. 91R-111, nunc pro tunc. Refer to Resolution Book. RESOLUTION NO. 91R-230= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3389, AND RESCINDING RESOLUTION NO. 91R-111, NUNC PRO TUNC. Roll Call Voter AYES: NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS~ Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-230 duly passed and adopted. B4. 179= REQUEST FOR EXTENSION OF TIME ON CONDITIONAL USE PERMIT NO. 3301~ The extension of time was requested by Blash Momeny, Unic Corp., 2082 Business Center Drive, Suite 185, Irvine, Ca 92715. The property is approximately 4.4 acres located on the northwest terminus of Garland Circle and approximately 450 feet west of the centerline of Boisseranc Way. The petitioner is requesting an extension of time to expire 8/21/92 on Conditional Use Permit No. 3301. This use permit is to construct two to six single family dwelling units within the flood plain overlay zone as part of an 18-unit residential subdivision with waivers of required lot frontage and minimum distance between oil drilling sites and dwelling units. Submitted was report dated July 9, 1991, from the Zoning Administrator, Annika Santalahti recommending that the Council grant the time extension to expire August 21, 1992. MOTION: Council Member Hunter moved to approve the requested extension of time on Conditional.Use Permit No. 3301 to_ expire August 21, 1992, as recommended in staff re~ort dated July 9, 1991. Council Member Pickler seconded the motion. MOTION CARRIED. 451 City Ha11~ Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5=00 P.M. BS. 179: REQUEST FOR EXTENSION OF TIME ON RECLASSIFICATION NO. 89-90-44 AND CONDITIONAL USE PERMIT NO. 3260: The request was submitted by Robert C. Politiski, Smith & Politiski, 1002 N. Broadway, Santa Ana, CA 92701. The property is located on the south side of Jackson Avenue, east of the centerline of Park Vista Street. The petitioner is requesting an extension of time on Reclassification No. 89-90-44 and CUP NO. 3260 (retroactive to 5/1/91 and to expire Reclassification No. 89-90-44 is for a change in zone from RS-A-43,000 to RM-1200; and Conditional Use Permit No. 3260 is to permit the construction of an 80-unit deck type housing apartment complex. Submitted was report dated July 1, 1991, from the Zoning Administrator Annika Santalahti recommending that the time extensions be granted retroactive to May 1, 1991, to expire May 1, 1992, subject to the petitioners obtaining approval of revised plans prior to issuance of a building permit; said plans showing that the maximum number of tandem covered parking spaces does not exceed thirty-six (36) spaces for this 80-unit parking project which contains sixty-four (64) two bedroom units and sixteen (16) bachelor units. Council Member Daly asked if it is understood it includes the recent recommendations of staff. Annika Santalahti, Zoning Administrator. She will call the principals and be specific that the approval is subject to them being able to comply with the updated codes. MOTION= Council Member Pickler moved to approve the requested extensions of time on Reclassification No. 89-90-44 and Conditional Use Permit No. 3260 retroactive to May 1, 1991, to expire May 1, 1992, but that the petitioner must comply with updated codes. Council Member Ehrle seconded the motion. MOTION CARRIED. B6. 179: ORDINANCE NO. 5243 - (INTRODUCTION}= Amending Sections 18.32.050, 18.34.050, 18.80.050 and 18.81.O50 of Chapters 18.32, 18.34, 18.80 and 18.81, ' respectively, and adding new Chapter 18.97 to Title 18 of the Anaheim Municipal Code relating to Mixed Use Projects. Council Member Simpson offered Ordinance No. 5243 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5243: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.32.050, 18.34.050, 18.80.050 AND 18.81.050 OF CHAPTERS 18.32, 18.34, 18.80 AND 18.81, RESPECTIVELY, AND ADDING NEW CHAPTER 18.97 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MIXED USE PROJECTS. ITEMS OF PUBLIC INTEREST= Rose Vale, 2447 Westport Circle, Anaheim. There is a budget deficit at the present time, yet Anaheim has seen fit to grant to Disneyland free toilets to save water. Disneyland is a profit making organization and she does not see why they should be subsidized at the risk of Anaheim residents. 452 City Hal~ Anaheim, California - COUNCIL MINUTES - July 16. 1991, 5=00 P.M. Ed Aghjayan, General Manager Public Utilities. He assumes Mrs. Vale is referring to the demonstration project Utilities has entered into with Disneyland and also with two other agencies - the Metropolitan Water District (MWD) and the Orange County Sanitation District. He is very proud of the project - it is an excellent example of a public - private partnership for the public good. It involves the conversion of one wing of the Disneyland Hotel to ultra-low flush toilets using one third the amount of water normally used. MWD, the Orange County Sanitation District and the City are going to track the usage to see how the equipment works. It is the first example anywhere he knows of in California of such a partnership. Utilities was successful in getting the Sanitation District to pay one third of the cost, MWD is paying 1/3 and the City is paying 1/3. Disneyland is doing the installation. They plan to offer a similar arrangement to all of their customers. It will cause water rates to go down because it avoids penalties from MWD when the City stays below their allotment from them. Reducing MWD cost reduces overall water cost in the City. Amin David, 1585 W. Broadway. He is present as the spokesperson for the Anaheim Coalition Against Tax - ACT. He then introduced members of the organization who were present. (See letter dated July 9, 1991 previously submitted by ACT listing participating organizations and individuals - made a part of the record). He asked those present in support of their position to stand - there were approximately fifty people present. ACT wants the Council to rescind the recently imposed Utility Users' Tax. (The tax was adopted by Ordinance No. 5236 on June 18, 1991 with the tax to be imposed effective September 1, 1991). If the Council is reluctant to rescind the tax, they are asking the Council to call a special election within the next 90 days and place the Utility Users' Tax on the ballot for a vote of the people. They do not intend to enter into a lengthy dialogue with the Council as to what they reco~nend in place of the tax nor how they feel the Council should deal with the estimated budget shortfall. That is what the Council was elected to do. How they deal with the City Manager and staff in running the City within the constraints of projected income is the Council's challenge. They are asking the Council to take action now and that is their request. Council Member Daly. He is speaking in support of the comments made by Mr. David and his coalition. He feels the action the Council took was wrong. The City must learn to live within its means. He appreciates the people present taking the time to address the Council. Mayor Hunter. He first thanked Mr. David and all the other people for coming. He then asked that the large line item budget be brought forward and suggested to Council Member Daly that he meet with the ACT group and some other people and come back and tell the Council where the City can make up the budget shortfall of about $13,000,000 to $14,000,000 at the present time. The City, since last October, has had a complete hiring freeze. The City Manager has told the Council that the next cuts in the budget would be a mass amount of police officers. Listening to the concerns expressed on the Mayor's hotline, 453 City Haler Anaheim. California - COUNCIL MINUTES - July 16r 1991, 5=00 P.M. 99% deal with crime and drugs. The next cuts to get the budget in line without tax revenue enhancements are a major amount of police officers, firefighters and municipal employees. The City is short forty police officers right now. He again urged that Mr. David and others in the Chamber take the time to tell the Council where they could make up the $14,000,000 budget shortfall. council Member Daly. He feels the Mayor is using scare tactics. He has laid out some solutions previously and has a few more tonight. The City Manager has launched a special task force on privitization. To give the task force some additional expertise and credibility, the Council should appoint some private sector representatives to that task force. The City can save millions of dollars if they do more contracting. Secondly, he would like to propose that the Council create a permanent budget advisory committee. The Chamber now convenes a blue ribbon cor~nittee once a year. They do not have the time to go through that budget document. With the miserable state of the budget, they need a permanent advisory group evaluating the budget and looking at the City's finances. The current approach is not working. There is no way the budget should be out of balance as much as it is. Mayor Hunter. There is a recession and it is not only Anaheim that is faced with budget problems - it is the County, the State and the Nation. Anaheim is not the 'lone ranger.' Sales tax and bed-tax dollars are down and the City is continuing to show less and less monies coming in. They have one of two choices - cut services or raise taxes. council Member Daly. He wants the City Manager to act to cut the budget without cutting firefighters and police and to start by changing spending practices and contracting for more services. Council Member Simpson. He commended everyone present. He is sorry that the group did not coalesce earlier prior to the budget being finalized. The cuts started in October. The decision made was based on looking at the budget over a long period of time and deciding a Utility Users' Tax is the lesser of several evils. Nobody wants to raise taxes. He believes it is appalling to think that somebody had an idea how the City could have saved millions of dollars and have not shared that until the City is in a crisis mode. If the Chamber does not have the time now, how will they have time to do it in the future. He would support a sunset on the Utility Users' Tax. He believes in the Country and believes the economy is going to turn around. They do not want taxes raised but he has not heard an alternative that will allow them to provide essential City services. Council Member Simpson and Daly debated several points relative to the council's ultimate vote on certain issues which had an impact on the budget. Council Member Daly then moved to create a permanent budget advisory committee to be appointed by the Council and that they add private sector representatives to the current in-house expertise. Council Member Pickler seconded the motion for the purpose of discussion. Council Member Ehrle. The difference between the public and private sector is that public sector end products are people and service. Most Council members 454 City Haler Anaheimr California - COUNCIL MINUTES - July 16. 1991. 5:00 P.M. have had business relationships and enterprises and understand the basic system of economic theory in the country. He voted as he did after months of studying the budget. He is surprised at Council Member Daly after all the months of budget discussions and consideration he did not come up with other recommendations and also did not s~end much time with the City Manager on a one-to-one basis going over the budget. Council Member Ehrle thereupon moved that a committee be set up consisting of ten members from ACT and that the Council each appoint three members to the committee to take a look at the budget for 30-days. If the issue can be resolved by sunsetting the Utility Users' Tax, he agrees to that for a two or three year period. He clarified the motion is to form a citizens task force immediately to start reviewing the budget so that it can be looked at before implementing the Utility Users' Tax in September. Council Member Daly seconded the motion for the purpose of discussion. After Council's discussion relative to the makeup of such a committee, Mr. David stated that act did not expect to do that. There are only present to ask the Council to rescind the Utility Users' Tax and the Council is apparently not going to do so. He asked if they would then place the matter on the ballot as a referendum so that the taxpayers can give direction. Mayor Hunter. The tax will not go into effect until September 1, 1991. There is still time for public input to look at the budget and to tell the Council what they believe needs to be done, other than raising a Utility Users' Tax. Amin David. They are not prepared nor do they want to dialogue with the Council for what the Council pays a great deal of money for in City staff to give the Council innovative ways to balance the budget. Council Member Pickler. He gets the impression that ACT does not want to be part of the special task force; Amin David. Ail he is empowered to do is to ask the two questions he already asked and the reply was no on both. Relative to the task force, he will go back to the organization and ask regarding their willingness to participate. Mayor Hunter. He noted there was a motion on the floor for each Council Member to appoint three members to the special task force plus that there be ten members from ACT participating and report back on the budget in 30-days. city Attorney White. For procedural purposes, if the maker of the orig£nal motion and the second (Council Members Daly/Pickler) would agree to incorporate in the motion what he will call the suggestions of Council Member Ehrle with regard to the composition of the committee, it can be handled as one motion; otherwise, there will need to be an amendment offered by Council Member Ehrle to the original motion. With Council Members Daly and Pickler concurring, the suggestions of Council Member Ehrle can be incorporated. Discussion then followed between Council members relative to the permanency of such a task force upon the suggestion of Council Member Daly who stated he would like to create a permanent budget advisory committee; Council Member Simpson asked for clarification relative to the makeup of such a committee and 455 City Ha~lt Anaheim. California - COUNCIL MINUTES - July 16, 1991, 5~00 P.M. how it would differ from the present Chamber Budget Blue Ribbon Committee. He also asked for clarification from Council Member Daly relative to statements he made regarding labor contracts and his votes on same. At the conclusion of discussion, debate and questioning, Council Member Ehrle stated he felt that the Council was agreeing in concept relative to a budget committee. The Chamber has had a Blue Ribbon Committee and this was the first year where they came up with no recommendations. Next week the Council can make appointments to a committee. He would like to see staff present as well, Ron Rothschild and others - a representative of the employee groups - Police and Fire, etc. The president of each organization should be a non-voting member or participant. MOTIONs A vote was then taken on the motion by Council Member Ehrle seconded by Council Member Daly clarified as follows - that the Council agree to appoint a task force to review the budget with each Council Member having three appointees and with ten members of ACT to also serve on the task force. The task force is to work on the short-term budget crisis but the Council agrees in concept that there be a ~ermanent budget committee. MOTION CARRIED UNANIMOUSLY. City Clerk Sohl then confirmed that relative to a special election, if the City of Anaheim is the only entity on such a ballot, the election cost will be approximately $100,000. If shared with another jurisdiction, the cost will decrease. The following people then spoke against the Utility Users' Tax and/or offered suggestions: Bob Baker, 401 N. Deerfield, Anaheim. The types of issues citizens are concerned about are projects such as the Arena and buying Melody Land property for parking. Whenever the City decides to spend $10,000,000 or more in total they should ask for a vote of the people as when a tax is to be imposed. Dan VanDorpe, 863 Jasper Circle, Anaheim. He supports Mr. David's request that the issue be put on a ballot. Leo Detterding, 7655 Silver Dollar Lane, Anaheim. Citizens should be involved in a permanent type of "grand jury" budget review. Tom Hoag, 929 N. Summer Street, Anaheim. He supports rescinding the tax. If not, place it on the ballot. Roland Krueger, 561 Peralta Hills Drive, Anaheim. Staff is in the best position of anyone to see what can and cannot be cut from the budget. If individuals in the community are placed on a Blue Ribbon Committee, all they have to go by is the information given by staff. Staff in the final analysis is the one that can make the decision about cutting people or services. The Council should make the decision and not the public and that is why the Council was elected. Lloyd Lowry, 2504 E. Hilda, Anaheim. He agrees with Council Member Daly in his 456 City Ha11~ Anaheim~ California - COUNCIL MINUTES - July 16~ 1991~ 5:00 P.M. thoughts to go to privitization. The City would have a lot of money if they sold the Stadium, Convention Center and Utilities. D~. 176: pUBLIC REARING - ABANDONMENT NO. 91-4A: In accordance with application filed by the Western Medical Center, 1025 South Anaheim Boulevard, Anaheim, CA 92808, a public hearing was held on proposed abandonment of a certain easement for electrical purposes extending westerly from Anaheim Boulevard, north of Ball Road approximately 1025 S. Anaheim Boulevard pursuant to Resolution No. 91R-177 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated June 5, 1991 was submitted recommending approval of said abandonment. Frank Hardcastle, Real Property Specialist, stated that staff recommends approval of the subject abandonment. Mayor Hunter opened the public hearing and 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 Pickler, 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. 91R-231) Council Member Hunter moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Hunter offered Resolution No. 91R-231 for adoption, approving Abandonment No. 91-4A as reconunended by the City Engineer. Refer to Resolution Book. RESOLUTION NO. 91R-231= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING A CERTAIN ELECTRICAL EASEMENT WEST OF ANAHEIM BLVD. NORTH OF BALL ROAD. (91-4A) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-231 duly passed and adopted. D2. 172: PUBLIC HEARING - STREET CLOSURE - CARDINAL STREET AT CROWTHER AVENUE: Approving the Negative Declaration in connection with the Cardinal 457 City Hall~ Anaheim. California - COUNCIL MINUTES - July 16, 1991~ 5=00 P.M. Street at Crowther Avenue street closure which was continued from the City Council meeting of July 9, 1991, to this date. Submitted was report dated June 27, 1991, from the Director of Public Works and City Engineer Gary Johnson recommending approval of the negative declaration for the closure of Cardinal Street at Crowther Avenue and that the Council authorize the closure of Cardinal Street at Crowther Avenue as requested by the residents. PUBLIC NOTICE REQUIREMENTS MET BY= Published (negative declaration) - June 12, 1991 Published (public hearing) - July 3, 1991 Letters mailed to effective home owners - June 27, 1991 STAFF INPUT: Christopher Dahl, Principal Traffic Engineer. Briefed report dated June 27, 1991, which gave the background on the request for the street closure, how the street closure would be accomplished if approved and the cost estimates for the closure with and without the sidewalk closure included. The ultimate recommendation of staff was that the Council authorize the closure of Cardinal Street at Crowther Avenue as requested by the residents noting that the residents are aware that the cost of the closure ie their responsibility, if the closure is approved ($13,000 for the street closure and $22,700 for the street and sidewalk closure). Mayor Hunter noted the large number of ~eople present on the issue. He first asked if anyone was present in opposition to the proposed street closure. No one was present in opposition. The Mayor then asked to hear from a spokesperson for all of those present in favor of the closure. Mr. Joe Chrico, 1785 Pheasant Street. He has prepared a lengthy presentation giving the reasons why the neighborhood is requesting the street closure; Mayor Hunter. Because no one is present in opposition, Mr. Chrico can submit his statement to be made a part of the record. Mr. Chrico submitted his written statement and emphasized the street closure is something the neighborhood needs and wants to eliminate all of the problems stated in their ~etition request. He also thanked staff, especially Mr. Dahl for the assistance and expertise provided. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. Mayor Hunter. He feels this is the beginning of many such requests in the City - the reason being crime. Even his neighborhood ie getting ready to come forth with the same type petition. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATIONs 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 458 City Ha11~ Anaheim, California - COUNCIL MINUTES - July 16, 1991~ 5:00 P.M. 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. 91R-232) Council Member Pickler moved to waive the reading in full of the resolution. Council Member Simpson seconded the motion. MOTION CARRIED. Council Member Pickler offered Resolution No. 91R-232 for adoption, authorizing the closure of Cardinal Street at Crowther Avenue to through Traffic. Refer to Resolution Book. RESOLUTION NO. 91R-232~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CLOSURE OF CARDINAL STREET AT CROWTHER AVENUE TO THROUGH TRAFFIC. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-232 duly passed and adopted. D3. 130: PUBLIC HEARING - EMPIRE CABLE TELEVISION FRANCHISE TRANSFER TO JONES SPACELINK: To consider the transfer of the cable television franchise granted to Empire Cable Television, Inc., pursuant to Ordinance #5057 to Jones Spacelink Acquisition Corporation. At their meeting of June 25, 1991, the City Council adopted Resolution No. 91R-213 declaring the intent to declare the transfer of a cable television franchise from Empire Cable Television to Jones Spacelink, Ltd., and setting the public hearing for this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - July 3, 1991 PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated July 9,1991, from the Intergovernmental Relations Officer Kristine Thalman recommending that the Council adopt an ordinance approving the transfer of the cable television franchise granted to Empire Cable Television Inc., pursuant to Ordinance No. 5057 to Jones Spacelink Acquisition Corporation. Mayor Hunter noted that staff recommends a continuance of this matter to July 23, 1991. He asked if anyone was present to speak to the matter; there was no response. 459 City Hall, Anaheim, California - COUNCIL MINUTES - July 16, 1991, 5:00 P.M. A motion by Council Member Hunter, seconded by Council Member Ehrle the subject public hearing was continued to July 23, 1991. MOTION CARRIED. ADJOURNMENT: Council Member Hunter moved to adjourn. seconded the motion. MOTION CARRIED. (6:50 p.m.) Council Member Ehrle LEONORA N. SOHL, CITY CLERK 460