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1991/08/13City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:05 p.m. on August 9, 1991, at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 3:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a),to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. City of Anaheim vs. Phoenix Club etc., et al. Orange County Superior Court Case No. 66-22-93. Newport Federal vs. City of Anaheim, Orange ~ounty Superior Court Case No. X64-31-50. b. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. c. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. d. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (3:00 p.m.) AFTER RECESS: Mayor Hunter called the City Council meeting of August 13, 1991, to order being held in the Celebrity Theatre, Broadway and 42nd Street, Anaheim, (next to the Civic Center) to accommodate the large audience expected. (5:08 p.m.) 536 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. INVOCATION: Captain Richard House, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. Mayor Hunter announced that all agenda items would be by-passed at this time in order to first hear from those who wish to speak relative to the City budget and the issue of rescinding the Utility User's Tax. On June 18, 1991, Council Members Simpson, Ehrle and Hunter voted for a Utility User's Tax of 4% which would cost the average household approximately $5.65 a month and excluding all households making $20,000 or less. On August 6, 1991, Council Members Daly, Pickler and Ehrle voted to rescind the tax. Adoption of the ordinance to rescind the tax is on the Council Agenda tonight. The Council will take testimony from those present (approximately 1,100 people were present) prior to a vote of the Council. Council Member Pickler. He first read a statement indicating Mayor Hunter had led the City on a spending spree for the past two years thus putting the Council and the City in the present situation. He elaborated on his reasons noting that to dig out of the problem, the Council is faced with penalizing citizens from children to senior citizens by cutting programs and services. He specifically pointed to the Arena project. At the conclusion of his extensive statement, he gave his recommendations for resolving the situation - to look closely at the additional $9,000,000 of cuts proposed in the list submitted to the Council - list A and B which reduces the size of government and, secondly, to consider not a 4% but a 2% Utility User's Tax which will solve part of the City's fiscal problem and eliminate the need for drastic cuts in vital City programs. Council Member Pickler moved to approve the budget cuts proposed by staff on list A & B at this time (a C list was also submitted) and for the Council to consider a 2% Utility User's Tax to continue financing the remainder of the programs which would need to be cut if no tax is implemented. Before any action was taken on the motion, Mayor Hunter countered some of the statements made by Council Member Pickler, specifically on the Arena. The Arena is not the issue according to Mayor Hunter, it has not cost the citizens one dime. They raised the Transient Occupancy Tax (TOT) in the commercial/recreation area by 1% to pay for the land and the rest of the Arena is being financed and paid for by Ogden Allied Foods. The reason the City is in the present crisis is due to the recession which is not just affecting Anaheim. There has been a down turn in sales tax, bed tax and property tax. He voted for the 4% tax in June, with two other Council Members (Simpson and Ehrle) which tax would not affect seniors or other households unless they are making more than $20,000 a year. He stands behind his vote which will enable the City to get out of its budget crisis without cutting services and to ride the crisis out for about two years. Mayor Hunter opened the floor to anyone who wished to speak. The following people spoke either for or against the Utility User's Tax giving their reasons why the tax should or should not be rescinded with some giving their comments and/or recommendations: 537 City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Dave Gilliam, Spokesman for ACT (Anaheim Coalition Against the Utility User's Tax), 3370 Miraloma, Anaheim. (ACT had originally requested that the tax be rescinded). Speaking for Mr. Amin David, ACT is of the belief that the budgetary problems are for the City Council to solve. He then offered recommendations on behalf of ACT revolving around the establishment of an independent commission to audit the City's management budgeting process. ACT would willingly support such a commission and also participate. Council Member Simpson noted that Council had already agreed to establish a ten member budget task force. He asked if ACT would be willing to accept Dick Clark as an appointee to that commission. Mr. Clark has already been appointed by him; Mr. Gilliam answered yes. Dean Cofer, Business Representative, IBEW. He urged the Council not to cut City services or jobs. Shirley Cohen, Director of Feedback Foundation. The foundation provides a nutrition program and other supportive services for Anaheim's Senior Citizens. The Foundation has always been proud of the support received from the City. It would be very sad for the City to reduce services for seniors or to close any of the buildings where the services are provided. Jean Dunlap, Speaking on behalf of Anaheim's seniors and the senior performing groups which she named. She urged the Council not to close the senior's center which would have an adverse affect on the senior committee. The performing groups are under the umbrella of the senior center. John Bradley, Irvine, Speaking on behalf of the 3,000 member Sea & Sage Audubon Society urging the Council to find some compromise in order not to have to close the Oak Canyon Nature Center. Susan Duran, Owner, Yellow Brick Road Preschool, Anaheim. She urged the Council not to cut consumer services especially the child care consortium so badly needed in the City in order to encourage companies to come to Anaheim. Tim Hainline, 2110 S. Lewis Street, Anaheim. In order to receive the outstanding programs and services vital to the community, it is going to cost all citizens a little out of pocket. He asked the Council to make a decision in the best interest of the City. John Rotenbauer, 604 N. Clementine, Anaheim, Member of Saint Boniface Church Community Counsel, Speaking on behalf of the Orange County Congregation of Community Organizations, a network of churches in Anaheim. The organization is interested in quality of life for their families. The Council has made the development of an anti-gang and anti-drug strategy a priority. They are concerned that the programs to combat these critical issues will be eliminated. They are opposed to cuts in libraries, park rangers and in police controls. If it takes tapping other City revenues or other additional taxes to maintain City services, they encourage the Council to do so. Joyce Angotti, 330 Colorado Street, Anaheim. Relative to the Pearson Park Theatre program, it has the potential to pay for itself by the alternating of 538 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. ticket prices. The theatre entertained over 20,000 children last year. She urged that they not eliminate the theatre program. Warren Hawley, First Vice President, Anaheim Senior Citizens Club. There are over 32,000 seniors in the City of Anaheim 60-years of age and over and between the ages of 40 and 59 there are an additional 13,000 citizens. The proposed cut to close the West Anaheim Senior Center costing $192,000 would represent a 36 1/2% cut in the senior program and eliminating the senior daycare program would represent a 55% cut. Be urged the maintenance of the vital senior programs. Ernest Sullivan, 808 N. Clementine, Anaheim, Retired business man and member of the Anaheim Senior Citizen's Club and Senior Citizen Commission. He objects to what he considers a gross injustice to the senior citizens and urged the Council not to decide what they can do to the seniors but what they can do for the seniors. Ralph Ecklund (youngster), 331 Alar, Anaheim. The current parks programs and library services should remain as they are. Ralph Sarno, 1255 S. Nutwood, Anaheim, Chairman of the Anaheim Senior Citizen Commission. The senior services provided at the Trident site served more than 3,500 meals in July and offered over 11,000 units of service to Anaheim Seniors. These services are vital to the welfare of the large senior citizen population in the City. Most are on fixed incomes and depend upon the services rendered. Relative to the police, the City needs every police officer and the first priority should be in police and fire protection. Jean McClain, Anaheim Public Library Board. As a concerned citizen, she emphasized the importance of a good public library system. It is necessary to have the Council's continued concern, commitment and financial support. Betty Pettit, Director, Saint Michael's Episcopal Preschool. This preschool has served children in the entire community for over 25 years. She is present as Chairman of the Childcare Center Directors Network of Anaheim. She is concerned at the possible dismissal of the Community Services and Family Care Coordinator for the City. Turning their backs could jeopardize the future of all of the community. Rusty Ecklund (youngster), 331 $. Olive, Anaheim. What is proposed to be done to the parks is wrong. He urged the Council to think about children and not just themselves. Cutting other City services will also be bad for the City. Mrs. John Foster, 1708 Redwood Avenue, Anaheim. Her children are from Lincoln School. Most are single parent children, poor and underprivileged. They need every bit of attention they can get such as drug free programs. The children asked her to come to ask the Council to please keep the Fire Department, keep the libraries open and keep the drug free programs going. She believes the elected Council can find a way. James Green, 1660 W. Broadway, Anaheim. He lives with hie 70-year old sister. He would hate to see the Trident Senior Center close. He is certain if that 539 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. occurs, the seniors who utilize the center regularly would quickly become "vegetables'. Ron Bengochea, 1751 S. Nutwood, Anaheim. The employees and residents did not have a lot to do with how the City got to the present budget crisis and should not have to pay the freight. However, as a resident, he feels if it takes a 4% Utility User's Tax this year, 3% next year and one after that, he would be more than happy to pay his fair share. If it is going to cost $8 or $10 a month, the welfare of his kids are worth it. Brian Matarina, Resident of Anaheim. He urged the Council to go ahead with the original intent of implementing the 4% Utility User's Tax. Any amount less than that would not provide a favorable outcome for the City - 4% would allow 1% to be devoted to extra police. Nobody likes taxes which in this case would amount to an extra $5 a month. It would more than satisfy the $14,000,000 budget shortfall. He urged a 4% tax with possibly a sunset clause. Phillip Kynypstra, 2520 Gelid, Anaheim. He is a government employee and at one time worked for Anaheim. As such, he never felt he had an entitlement to a job. The budget crisis has not occurred overnight but has been coming for many years. One of the sensitive issues has to do with salaries City employees receive, particularly in top management. He then relayed figures he had researched relative to management salaries. Before asking him to support a Utility User's Tax which he feels is questionable, the Council must be willing and committed to holding down administrative costs and lowering high level salaries. Lillian Slater, 1432 W. Jeanine Way, Anaheim. As a parent, two discretionary services she must use are the parks and recreation facilities and the libraries. She would hate to see cuts occur in those areas. Two unique programs are the Oak Canyon Nature Center and the Pearson Park summer programs. As a taxpayer, she is more than willing to pay a Utility User's Tax rather than forgo cuts in those services. Manuel Ontiveros, Chairman, Anaheim Youth Commission. He believes that the cost for the Youth Commission, is a good price to pay for the youth in Anaheim to teach them about the City of Anaheim, the City Council and also how management works. The City Council also sent him to Mito Japan as a representative of the City. He urged the Council not to cut the Youth Commission or the Sister City program. Marilyn Hauk, Vice President, Anaheim Municipal Employees' Association (AMEA) and resident of the City. She was out of town when Council Member Ehrle made his motion to rescind the tax and can only surmise that he thought the residents of Anaheim did not want a tax. She does not view it as a tax. It is not going to the State or the Federal Government but the City and working for Anaheim. She then addressed Council Member Pickler's proposal of a 2% tax which she feels will not solve the problem. The cuts proposed will hurt blue collar workers, the youth and seniors, i.e., middle America. What big business has done is to beat them down if the City tries to raise business taxes or a Utility User's Tax, money which stays and works in the City. Big business does nothing while the youth, seniors, middle class and most importantly the City 540 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. suffers. With the 4% tax, the City will not be faced with the same problem next year. With 2% they will. If it is going to take $8,000,000 representing the A & B cuts, they are still going to have to makeup the difference. 2% will only get the City through this year. Ron Devault, Anaheim Police Association, 508 N. Anaheim Blvd., Police Officer in the community for over 26 years. The affects of the recession had been felt by everyone. There is a direct correlation between the state of the economy and the crime rate. A shortage on the police force is a legacy that has been left by Councils of the past. A 4% Utility tax could be a temporary solution. The general population will be best served by having more police officers. It is a known fact that women, children and senior citizens are the most criminally victimized groups in the society. He urged the implementation of a 4% Utility User's Tax. Muriel Nelson, 1776 W. Greenleaf, Anaheim. She worked on setting goals for the City under the Vision 2000 program when she was on the Senior Citizen Comission. She is also a member of the Feedback Foundation staff. Not only do they offer meals, socialization and education, but also home meals to seniors who otherwise could not have any meals or see anyone else. It was stated that in a couple of years the City may ride out the crisis. She maintained that in a couple of years, many of the seniors will not be around to reap the benefit of the programs. Sharon Myers, 2021 Saddlewood Lane, Resident and employee. She is one of the proposed budget cuts and a single parent. She is upset with those who are responsible for putting her in such a situation. Barbie Whorton, 2074 Della Lane, Anaheim, Chairperson of the Anaheim Library Board. Many of the speakers who have preceeded her represent many age categories and special interests. They have also mentioned they do not want library services cut. Her request is that the Council give the library the resources needed so that they can continue to be one of the finest libraries in Orange County. Betty Ronconi, 1241 S. Walnut, Anaheim. The budget problem is not a new one and not totally caused by the recession. She has offered suggestions in the past which have been rejected. She read excerpts from a letter she sent to the Council two months ago. Anaheim is a tourist City which has become more and more dependent on tourism. Not one dime comes to the City from admissions. As an alternative to the Utility Tax or curtailing necessary essential services, the Council should consider a tax on any admissions ticket price of a pre-determined minimal amount of perhaps $20.00. Most are willing and able to pay the higher price of admissions. Time is long overdue to have the fortitude to face the realities. If the Council is reluctant to initiate an entertainment tax, she would ask that they consider putting the question on the ballot to let the people decide. An Anaheim resident who did not identify herself stated she has taught preschool for 15 years. She would pay extra not to have the parks and recreation programs and/or facilities cut from the budget. Children are the future. 541 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Madeline Evans, 3062 Teranimar Drive, Anaheim, Director of Special Olympics in Orange County. Twenty years ago she came and begged that Anaheim have a Therapeutic program for the City's youngsters. At that time, the City did not have any money and her group gave the City volunteers. The program has been in place a long time. She urged the Council to consider keeping the program. She will support every penny of the Utility User's Tax. Ella Baldwin, 930 N. Magnolia, Anaheim. When she moved to the City, there was no Therapeutic programs or programs for developmentally disabled adults. She would be very concerned if it goes back the way it was before.' Ofelia Murphy, City employee and resident. It is totally unfair for Council Member Pickler to blame Mayor Hunter for all of the City's problems. The situation started long before Mayor Hunter was in office. She then reported on Council car allowances, City vehicles assigned to department heads, Council salaries, funds spent on certain City projects and meetings, and increases in electrical rates even when the Utility receives millions in litigation settlement cost from Southern California Edison. It is not right for the City to balance the budget by sacrificing employees, the same people who had made Anaheim a great City. Steve Morris, 6244 Twin Peaks Circle, Anaheim and head of the Media Services Unit for the Anaheim Police Department. The Media Services Unit of the Police Department is on the B list of cuts. The services provided are critical. The department is mandated by the State to provide training for police officers daily on every shift which they do by video. It is also the most cost effective way. The most important thing is liability when there is a major incident. It is not only training, but gives necessary documentation. They are a necessary resource in the training of officers. Sharon Ericson, President AMEA. For purposes of clarification for those present, she briefed the City programs that will be cut or eliminated if the Utility User's fee is not implemented. She does not like to advocate raising taxes but there comes a time when there is no choice. $5.65 a month for an average household is a small amount to pay to avoid losing so much and those households making $20,000 a year or less will be exempt. Her goal is to save her employees who make all the services the City gives possible. Council Member Ehrle stated that the City needs a cleansing process but this is draining the life blood from the City. She would guess that the Council has received over 3,000 letters and messages telling them not to cut programs with most saying they will gladly pay the tax. Further, the City does not have enough police officers - more are needed now. That is why it is necessary to implement a 4% tax. The decision the Council makes will affect the City for a long time. She urged that the Council vote to save the City and quit playing politics with their lives. RECESS: By general consent the Council recessed for ten minutes. (7~10 p.m.) · AFTER RECESS= The Mayor called the meeting to order, all Council Members being present. (7:30 p.m.) 542 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Pam Carlson, 230 N. Deerfield, Anaheim. She is representing her son who participates in the Anaheim Parks and Recreation Therapeutic program. This program is her son's social life. It is the best staffed and best run program. If it takes the 4% tax, she is in favor. Phil Aguilar, Set Free Christian Fellowship. Many people that he works with asked him to come to speak. His family is an Anaheim family. The reason Anaheim is the best is because people all work together. He cannot believe the Council is thinking about cutting anything such as the Therapeutic program, Senior Citizen programs, Feedback Foundation, Police, etc. He urged that the Council not cut back any of those vital programs. Charles Saddler, 506 Hanover, Anaheim. It would be a tragedy to eliminate the Parks and Recreation Therapeutic program. Other cities pattern their programs after Anaheim. Bill Tucker, 1821 W. Beacon Avenue, Anaheim. He is a concerned resident and parent of a child at the Parks and Recreation Therapeutic program. The program has helped his daughter a great deal. It is the only thing the City offers handicapped children in extra-curricular activities. He urged Council's attention before making such cuts in the budget. Ron Donaldson, concerned citizen. He urged the Council not to cut any salaries or services. If City services are eliminated to offset the budget shortfall, values will plummet in the City. The citizens want the 4% Utility User fee. The Council was elected to avoid such problems and predicaments. Implement the 4% tax. Billy, participant in the Parks and Recreation Therapeutic program. He likes the program very much and has been going there for 17 years. He asked that the Council please do not cut the Therapeutic program. Paula Peterson, 9862 Harriet Lane, Anaheim. If the Parks and Recreation Therapeutic program is eliminated, the children involved will have no place to go and nothing to do. Keep the program a running program. Jeff Kirsch, 2661 W. Palais, Anaheim. He does not want to see any of the programs cut but at the same time taxes at the federal, state and local levels and fee increases are reaching the point where the taxpayer cannot do it anymore. He then offered suggestions to alleviate the City's budget crisis. Les Anderson, 924 N. Ventura, Anaheim. He has been a City employee since 1977 and the back of his City I.D. card states that all public employees are registered disaster service workers in times of emergency/disaster. He questioned if City employees are cut and there is a disaster, there is not going to be anyone to pull the City back together. Mike Valenti, Member of ACT. There is already a tax imposed upon the City's electric utility and that is the 4% already required to be transferred to the General Fund. An increase is also slated for the water utility. The City is driving businesses out of the community. This present budget crisis can be a milestone in Anaheim's history where the expense has to be directly tied to 543 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. revenues. It can also be a time when Council Members sever their political ties to employee associations. The City needs a Council totally free of conflict of interest. ACT is not against Anaheim's employees. ACT thinks the experience, expertise, suggestions of employees ought to be solicited and used so that the City can operate more efficiently. ACT also thinks the employee leadership should be flexible in dealing with the City and make reasonable concessions in favor of saving jobs. He emphasized in closing that the Council should not be imposing taxes to make up the deficit. Bob Stallenwork, 2651 E. Jackson, Anaheim. He first disagreed with Mr. Valenti's remarks relative to the crime rate and gave his reasons why. The City needs to have attractive salaries at all levels to keep it running right. He recommended that the Council pass the Utility User's Tax with an apology to the average citizen and a promise to plan ahead from now on and get Anaheim back to being a well managed City, managing the City's revenues day to day without resorting to drastic measures. Gus Bode, 50-year resident. He gave some comments on City issues. Kent Peterson, 9862 Harriet Lane, Anaheim. He supports the 4% Utility User's Tax. He is present to represent the Booster Club for the Anaheim Therapeutic Recreation program. A 2% tax would only be a 'band-aid'. A 4% tax would stabilize the situation. Cuts will need to be made but it will give an opportunity to know what cuts can reasonable be made. Julie Mayer, 1531 W. Harriet Lane, Anaheim. She has owned and operated several businesses in Anaheim and is a former management employee of the City. The budget that is before the Council is an excellently lead prepared budget. She is the former director of the Oak Canyon Nature Center and under the direction of James Ruth, the present City Manager, she knew how many hamsters she could feed in a year from a bag of feed. Talking about resource allocation, it is necessary to look at how all resources are allocated not just those involved with the General Fund. They should be looking at all resources and how all resources are allocated. She is a dedicated community volunteer. She spoke on the programs proposed to be cut and concluded that the suggestion to cut those programs, as a volunteer and business sponsor, are an insult. The community is willing to pay the 4% Utility User's Tax. Dan Mountford, 2385 S. Myra Court, Anaheim. They have formed a committee - · Citizens to Save Anaheim.' Council Members are not listening to their constituents. There is a cross section of the community telling the Council they are not opposed to paying interim taxes in order to keep services intact. It is necessary to take a look at all revenue sources and assets. He then outlined some recommendations. They are looking for dynamic leadership from the Council to show they care about the community. If not, perhaps it is necessary to start looking for a community minded candidates. Speaking to Council Members Daly, Ehrle and Pickler, he concluded if they wanted a solution, he suggested that they try abstaining thereby allowing the 4% tax to be implemented. Let the citizens have their 4%, their community and let them find some solutions in the long term but let them have time to do so. 544 City Hall. Anaheim. California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Judy Yahuda, 575 Carculo Lazo, Anaheim. She understands about balancing a budget and that non-essential services - programs need to be cut. But the programs proposed to be cut are essential. If there are no other areas to cut that are non-essential, then she supports a Utility User's Tax to support the essential programs. Jerry Levine, 1733 W. Bowling, Anaheim. Libraries, recreation programs, maintenance of parks are as essential as police, fire and public works. The former programs are important to quality of life. If the only way to keep them is a User tax, then he supports the 4% tax. Kim Motard, 2001 S. Haster, Anaheim. She manages apartments in Anaheim. Her company now owns 1,200 units in the City. Many apartment managers have been threatened. She has friends who have left the com~nunity but she is not leaving. Drug dealers, prostitutes and budget cuts cannot make her leave. The City cannot cut programs for kids - that is why there is a problem. The situation needs to be addressed. She deals with budgets every day. Their priorities are with the community. Keith Olesen, 321 N. Philadelphia, Anaheim. Looking back when the budget process first started, there were three or four people in the audience. Ail of this could have been avoided if everyone showed up at the outset. There would have been a 5-0 vote to raise the tax in order to keep Anaheim the kind of place they want to live in. The main point everybody is trying to make and the main reason they are present is to convey the wishes and desires of the Council's constituents so that the Council can make an intelligent, informed, and most importantly, representative decision about their lives. The only thing that distinguishes one city from another is the heart of the people. When the Council made its initial decision to raise the tax, they did it on the best knowledge they had. At that point there was very little citizen input. After the fact, a very small group of people addressed the Council and the Council took note of that. Amin David, Michael Valenti, Rockwell International, etc., do not represent him and feels they do not represent very many people in the audience. If ACT wanted to know how the people felt, they should have been knocking on their doors. What they are asking the Council.to avoid doing is ripping the heart out of the City and making the quality of their lives a political sacrifice. He urged the Council to keep the City at the level it should be. It is what the citizens want and deserve and they are willing to pay for it. Judy Harmon, Anaheim Police Officer. Another person spoke earlier about the ratio of officers to citizens. She relayed several incidences for purposes of illustration. It will become more difficult to combat crime if there is not enough assistance. They are willing to pay the 4%. She works and lives in the City. They want the 4% tax. Werner Reymond Graves, Anaheim Police Association, A Police Detective in Anaheim. For years they have been grossly and severely understaffed. He feels .what is happening is that big business dollars are being contributed versus what the citizens would like to see. They do not want to see the police and fire programs cut but increased. 545 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Joe Bryan, President, Anaheim Police Association. Mr. Bryan added to his extensive comments made at the Council meeting of August 6, 1991, as well as countering statements made by Mr. Valenti. He urged the Council to look in the faces of the people present who are the Council's constituents and the Anaheim community. He favors the Utility User's Tax proposal and he is hoping the Council will make the right decision in that regard. Jim Woodin~ Celebrity Theatre. He belatedly welcomed everyone to the theatre. He noted the cost in excess of $6,000 for the City to hold it's meeting in the theatre tonight was at no expense to the City - the use of the theatre has been donated by the Celebrity Theatre. At the conclusion of public input, Mayor Hunter clarified that the Utility User's Tax was voted on affirmatively by the Council on June 18, 1991 and will take effect on September 1, 1991 unless it is repealed as proposed by Council Member Ehrle at the meeting of August 6, 1991. Council Member Pickler. Prior to a vote, he clarified that under his proposal made at the beginning of the meeting for a 2% tax, that proposal will not close libraries, or the West Anaheim Senior Center, the Senior Day Care Center, the George Washington Senior Center, the Parks and Recreation Therapeutic recreation program, the Oak Canyon Nature Center, Helicopter program, certain operations in the Police Department, the School Year Playground program the Community Action Policing Team or the Community Services team along with other programs. The 2% tax will cut out services/programs on the A and B list of cuts but not the C list. Council Member Pickler offered an Ordinance for first reading amending chapter 2.13 of the Anaheim Municipal Code reducing the Utility User's Tax to 2% and further moving to defer consideration of the Ordinance rescinding that tax until the next Council meeting on the basis that such action would be moot if the amended Ordinance is adopted next week. Mayor Hunter. He is at 4%. A fact to note is that Anaheim has the lowest per capita tax per any comparable city in the State of California. An extra $5 a month for a couple of years will keep the City moving into the 21st Century. If 2%, it will be $2.50 instead of $5. Ninety-seven bodies have been eliminated and the budget already cut $10,000,000. If the full A and B cuts are implemented, it will mean another 88 bodies. In the list of B cuts, he can read pages of services and programs that will be cut. He named some of those programs/services. He feels the people are saying - ride out the recession - if it cost $5 a month so be it, but do not cut out the heart of the City. A 2% will not hire one additional policeman and will eliminate services. They cannot allow that to happen. He will not abdicate his responsibility as Mayor for political expediency. He is more concerned about the community - the citizens - the services, the employees - and moving the City into the 21st Century. Mayor Hunter. Unless another Council Member seconds Council Member Pickler's motion/proposal, it falls for lack of a second. 546 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Council Member Pickler. He realizes there is a divided Council. He is willing to compromise the 2% for the sake of saving vital programs but the Mayor is saying it has to be 4% or nothing. He (Pickler) said nothing before but he is willing to compromise. He does not want to see the drastic cuts. Council Member Ehrle. As he stated previously, he feels what the City needs is a cleansing process. Government and bureaucracy has grown and salaries are out of control. He believes two wrongs do not make a right and that is why he changed his vote and the reason the issue is again before the Council tonight. He has never said he was going to cut senior citizen programs. He will not vote to cut libraries, senior citizens, therapeutic programs or senior citizen centers. There are areas in the A and B list that can be cut without drastically changing the lives of citizens but will streamline the operation of government. Businesses in the community employ tens of thousands of individuals. It is expensive to conduct these businesses because of the expensive real estate situation in Southern California and particularly Orange County. Imposing more taxes and fees is one more incentive for businesses to move out. He feels compelled to speak on behalf of the business community because they represent such a large portion of tax dollars. The Chamber of Commerce has recommended no new taxes. The City is at a cross roads and must put this situation behind it. In the spirit of compromise, he will support the amendment proposed by Council Member Pickler for a 2% tax but that it include a two year sunset clause to guarantee it is a temporary tax. He then read a letter from Chris Van Gorder of Anaheim Memorial Hospital concerning what the Utility User's Tax will mean for their operation. He (Ehrle) believes there are solutions. They owe it to the business community and taxpayers to use logic and common sense. He will, therefore, support a 2% Utility User's Tax but with a two year sunset clause in order to get through this difficult period. He would hope if in truth the citizens of the community want to tax themselves then as other groups have indicated, it can be put on the ballot to see if it is a permanent tax the citizens want to have. Council Member Pickler. He will amend his motion to include the two year sunset clause. Council Member Simpson. He made the original motion for the Utility User's Tax at 4% and tried to put a sunset clause in it but was advised he could not do that and have the ordinance introduced at that meeting. It was always his intention to have a sunset clause included. Also, it was never his intention to tax people beyond what is needed. He noted that the City's problems are not due to the Arena, the purchase of Melodyland property, or Disneyland since no money has been spent. Their problems are not entirely a product of the economy. The City has been guilty of spending money at a greater rate than it is taking in. A lot of people sitting here are guilty of contributing to the problem but the problems with the economy have exacerbated the problem. His concern is they have already cut $10,000,000 out of the budget. There have been cuts made in police and fire. He does not believe the current level of service in the Police Department is what it should be. Private industry has their own problems. The kinds of cuts already made in those proposed largely 547 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. in the A and B sections are those that are not highly visible but are dramatically difficult to get back into the budget process - the little things that have kept Anaheim on the leading edge of technology and make Anaheim a good place to live, work and play. The problem he has in supporting 2%, he does not think it keeps the City even and keeping even he still feels they are behind. He would rather see them borrow from the 'stock holders' - the citizens of Anaheim on a temporary basis. He will support a sunset and a cap for industry. He is willing to compromise but they ought to do what they can to get revenues back up at least for this period of economic down turn. He is even in favor of downsizing the organization, but to take a 'knee-Jerk' reaction and butcher the budget they wo~ld then have to cut some 18 1/2 million dollars out of the budget. The only funds they have to work with out of discretionary are General Funds or about $135,000,000. It does not make sense. He is pleading with the Council to pass the 4%. He knows there is an anti-tax segment throughout the County but to reiterate what the Mayor said, he wishes everyone had a copy of the document he has showing the taxing effort of cities of comparable size throughout the state. The only one listed in Orange County who taxes at a less per capita rate than Anaheim is the City of Garden Grove. He does not believe they would want to trade places. Council Member Daly. In looking over budgets of the past few years, he notes City Government in the last two years has added 79 positions and in the last four years about 200 positions. City departments have added bodies and the Council has added policemen to the Police Department in the past few years. He asked the City Manager to comment on the cutbacks. He (Daly) believes they have given up vacant positions but no bodies lost resulting in pink slips being issued. City Manager James Ruth. There have been no positions where the employees have actually been laid off. On October 10, 1990, a hiring freeze was imposed ending up abolishing the equivalent of 97 full-time positions city-wide - vacant full-time positions. There were some actual cuts in part-time employees. Council Member Daly. For too long the City has been spending more money than it is taking in. They all share in that accountability. In hindsight there are things they should not have bought and given salary increases they should not have given. In the current year alone, there is an 8% salary increase. He is disappointed employee groups have not been willing to meet City Management somewhere in the middle in terms of differing some of those wage increases and now are faced with a substantial tax increase or layoffs. He believes the City can get its house in order without tax increases if they are serious about privatization and about contracting for services which the City has a good record of doing. He disagrees that now is the time to raise taxes - now is not the time. City staff has done an impressive job. They have returned to the budget and found millions of dollars in non-essential services. They have to be serious about the recession. He deviates when it comes to raising taxes during a recession. It is a way to prolong a recession. MOTION: Mayor Hunter noted there is a motion and second on the floor to go to a 2% Utility User's Tax with a sunset clause in two years; Council Member Pickler added and that the issue be put on the ballot in November of 1992. 548 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. The motion failed to carry by the following vote: Ayes: Pickler, Ehrle Noes: Simpson, Daly, Hunter MOTIONs Council Member Daly moved to repeal the 4% tax and waive reading in full of the resolution and adopt a resolution rescinding the 4% Utility User's Tax. Council Member Ehrle seconded the motion. Before a vote was taken, Mayor Hunter stated if the tax is repealed then they are back to A, B and C cuts and right back to where they started. A vote was then taken to rescind the 4% Utility User's Tax and carried by the following vote: Ayes: Daly, Pickler, Ehrle Noes: Simpson and Hunter Council Member Daly stated he also wanted to make a follow-up motion. City Attorney White interjected and stated the motion was to waive reading in full of the ordinance and resolution. That would be the first motion and subsequently acting on the ordinance and resolution. The Charter states there has to be a roll call vote. Because the meeting is not in the Council Chamber where buttons are used for voting, the City Clerk will need to read the roll and record the votes on the ordinance and resolution. Cl. 17%: ORDINANCE NO. 5245 FOR ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5245) Council Member Ehrle moved to waive the reading in full of the ordinances. Council Member Daly seconded the motion. MOTION CARRIED. Council Member Daly offered Ordinance No. 5245 for adoption. Refer to Ordinance Book ORDINANCE NO. 5245: AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 2.13 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE UTILITY USER'S TAX. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS~ COUNCIL MEMBERS: Daly, Pickler and Ehrle Simpson and Hunter None The Mayor declared Ordinance No. 5245 duly passed and adopted. Cl. 171~ RESOLUTION NO. 91R-245 FOR ADOPTION: WAIVER OF READING - RESOLUTIONs The title of the following resolution was read by the City Clerk. (Resolution No. 91R-245) Council Member Ehrle moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. 549 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. Council Member Daly offered Resolution No. 91R-245 for adoption, rescinding Resolution No. 91R-176 relating to the Utility USER'S Tax. Refer to Resolution Book. RESOLUTION NO. 91R-245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 91R-176 RELATING TO THE UTILITY USER'S TAX. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Pickler and Ehrle Simpson and Hunter None The Mayor declared Resolution No. 91R-245 duly passed and adopted. MOTION: On motion by Council Member Ehrle seconded by Council Member Daly staff was directed to implement budget cuts according to the A and B list so that the City will no longer be faced with a $14,000,000 deficit but $5,000,000 and directing staff to do so with the exception of any cuts in police or fire. Council Members Simpson and Hunter voted no. MOTION CARRIED. Council Member Daly moved to ask staff to consider the following steps: (1) a deferral of any management salary increases, (2) labor organizations should be approached about deferring wage increases that exist in current employee contracts, (3) that City staff (City Manager) return to the budget to find an additional $5,000,000 with the possibility of contracting out the City's golf courses and look into every department to come up with a balanced budget. Before action was taken on the motion, Mayor Hunter and Council Member Daly expressed their divergent points of view on the budget crisis and Utility User's Tax, the Mayor stating that he feels the decisions tonight are based on politics and that the Council is abdicating its responsibility, with Council Member Daly stating that the Mayor is unwilling to look at the budget and to do any trimming or cutting in an organization that is too large. RECESS: By general consent the Council recessed for ten minutes. (9:45 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (9:56 p.m.) 114: ORDINANCE NO. 5246 FOR ADOPTION: WAIVER OF READING - ORDINANCE: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5246) Council Member Pickler moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Ordinance No. 5246 for adoption. Refer to Ordinance Book 550 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991~ 5:00 P.M. ORDINANCE NO. 5246: AN ORDINANCE OF THE CITY OF ANAHEIM RELATING TO THE COMPENSATION OF MEMBERS OF THE CITY COUNCIL. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Ordinance No. 5246 duly passed and adopted. Council Member Simpson. He would like to introduce three ordinances along the same lines of the formerly proposed Utility User's Tax but at 2%, 2 3/4% and 3% with a sunset provision in each one of two years and a cap on industry not to exceed $50,000 or some other such figures as can be negotiated. City Attorney White. If these are to be introduced tonight, he will have to have copies in the City Clerk's hands before the end of the meeting. He can do that with all of the provisions mentioned with the exception of the cap on industry unless Council Member Simpson can be more definitive. Council Member Simpson. He suggested that they proceed with the rest of the meeting and he will talk to staff about the impact. City Attorney White. Anytime before the meeting adjourns, any Council Member can introduce an ordinance on the subject since the subject is on the agenda and as long as he is able to put it in written form and make the appropriate changes by interlineation. It would be agendized and voted on at the next Council meeting. City Clerk Sohl then asked for clarification relative to the last motion which was proposed by Council Member Daly on deferral of management salary increases, that the City Manager approach the labor organization on deferring wage increases in current contracts and that City staff (City Manager) return to the budget to find an additional $5,000,000 with the possibility of contracting out the City's golf courses and looking in every department to come up with the balance budget. She does not have record of a second or a vote on that motion. Council Member Ehrle. In light of Council Member Simpson's proposal, he would rather wait and see what the Council does with the three proposed alternative; Council Member Daly stated that was fine. Later in the meeting (approximately 10:05 p.m.), Council Member Simpson offered the following ordinances for first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A 2% UTILITY USER'S TAX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A 2 3/4% UTILITY USER'S TAX. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A 3% UTILITY USER'S TAX. 551 City Hallr Anaheim~ California - COUNCIL MINUTES - Auqust 13, 1991, 5=00 P.M. Council Member Simpson added that all three proposed ordinances he is introducing for first reading include a two year sunset clause and a cap for commercial accounts at $50,000 per location, per year on each utility. City Attorney White. He has in front of him those particular ordinances with the language introduced by Council Member Simpson relating to the $50,000 cap which actually is a cap of $50,000 per taxpayer for each meter or line. In the case of telephone, those are charged by line, and water, gas and electricity are charged by meter. That would be incorporated in each of the three ordinances and unless the Council directs otherwise, these will appear on next Tuesdays, Council Agenda for Council consideration. 119= PROCLAMATIONS= The following proclamations were issued by Mayor Hunter and authorized by the City Council= Narconon Day in Anaheim, August 17, 1991 Recognizing Anaheim Memorial Hospital Duathlon and Walk and Roll Stride Event MINUTES= Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,173,409.13 for the week ending August 9, 1991, 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. (9=58 p.m.) Mayor Hunter reconvened the City Council meeting. (10=02 p.m.) WAIVER OF READING - RESOLUTIONS= The title of the following resolutions were read by the City Clerk. (Resolution Nos. 91R-2S0 through 91R-252, both inclusive). Council Member Pickler moved to waive the reading in full of the resolution. Council Member Daly seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Council Member Pickler, seconded by Council Member Daly, 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. 91R-250 through 91R-252, both inclusive, for adoption. Refer to Resolution Book. Al. 118= The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management= a. Claim submitted by Adeline A. Carrasco for bodily injury sustained purportedly due to actions of the City on or about May 26, 1991. 552 City Hall. Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. b. Claim submitted by Kurt & Bonnie Klopfer for property damage sustained purportedly due to actions of the City on or about June 20, 1991. c. Claim submitted by Albert Lopez for property damage sustained purportedly due to actions of the City on or about May 30, 1991. d. Claim submitted by Lynne E. Cook for property damage sustained purportedly due to actions of the City on or about June 15, 1991. e. Claim submitted by J.T. Hollander Insurance Agency for property damage sustained purportedly due to actions of the City on or about April 5, 1991. f. Claim submitted by Insurance Corporation of British Columbia for property damage sustained purportedly due to actions of the City on or about January 28, 1991. g. Claim submitted by Farzin Bazshushtarz for property damage sustained purportedly due to actions of the City on or about April 3, 1991. h. Claim submitted by Charles Lowell Williams for property damage sustained purportedly due to actions of the City on or about June 5, 1991. i. Claim submitted by Michael H. Gazin for property damage sustained purportedly due to actions of the City on or about June 30, 1991. J. Claim submitted by Atchison, Topeka & Santa Fe Railway Co. for indemnity sustained purportedly due to actions of the City on or about June 28, 1991. k. Claim submitted by Tom Lohman for bodily injury sustained purportedly due to actions of the City on or about March 31, 1991. 1. Claim submitted by Master Appliance Corp. for property damage sustained purportedly due to actions of the City on or about February 22, 1991. m. Claim submitted by Frank Robert Gallegos for property damage sustained purportedly due to actions of the City on or about March 1, 1991. n. Claim submitted by John Lavery for bodily injury sustained purportedly due to actions of the City on or about February 2, 1991. o. claim submitted by Michelle Adams for bodily injury and property damage sustained purportedly due to actions of the City on or about March 10, 1991. p. Claim submitted by Doroteo Castaneda Ozorio for bodily injury sustained purportedly due to actions of the City on or about January 11, 1991. q. Claim submitted by Karen Pegg for bodily injury sustained purportedly due to actions of the City on or about June 10, 1991. 553 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. r. Claim submitted by Joe Wisong for bodily injury sustained purportedly due to actions of the City on or about May 25, 1991. s. Claim submitted by Max Miranda Rodriguez for property damage sustained purportedly due to actions of the City on or about February 10, 1991. t. Claim submitted by Tracy Hayes for bodily injury sustained purportedly due to actions of the City on or about April 27, 1991. u. Claim submitted by Eric L. Holliday for property damage sustained purportedly due to actions of the City on or about June 30, 1991. v. Claim submitted by Hermina Smith for bodily injury sustained purportedly due to actions of the City on or about February 16, 1991. w. Claim submitted by William Ray Jarnagin for property damage sustained purportedly due to actions of the City on or about July 10, 1991. x. Claim submitted by Archie Lgyba for bodily injury sustained purportedly due to actions of the City on or about February 27, 1991. y. Claim submitted by Ronald L. Evans for property damage sustained purportedly due to actions of the City on or about May 25, 1991. A2. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held May 1, 1991. 105: Receiving and filing minutes of a joint Community Redevelopment and Planning Commission meeting held July 24, 1991. 107: Receiving and filing the Statistical Report Summary ending June 30, 1991, as submitted by the Building Division. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held July 31, 1991. 173: Receiving and filing a Notice of Public Hearing regarding Urban Mass Transportation Ad~inistration (UMTA) Section 9 Program of projects for Orange County. A3. 158: RESOLUTION NO. 91R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN PROPERTY AND/OR FACILITIES (Tract 12619 - Royal Pacific). (Silver Dollar Lane and Trish Court.) A4. 158: RESOLUTION NO. 91R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF CERTAIN PROPERTY AND/OR FACILITIES (Parcel Map 89-239). (Lewis Street and Cerritos Avenue.) A5. 129: Awarding the contract to the lowest and best responsible bidder, RJW Construction Company, Inc., in the amount of $960,850 for Fire Station 554 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991. 5:00 P.M. No. 9; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both low and the second low bidders. A6. 160: Accepting the bid of S & C Electric Company, in the amount of $92,669 for two each PMH-12, five each PMH-11, and six each PMH-9 padmount sectionalizing switches, in accordance with Bid #4957. A7. 160: Accepting the low bid of Professional Design Products, in the amount of $69,184.50 for 231 each pin-type electrical connector panels, in accordance with Bid $4960. A8. 160: Accepting the low bid of Altec Industries, in the amount of $208,100 for one 50-foot insulator washer trailer with optional equipment, in accordance with Bid $4964. Ag. 123: Approving an Agreement with Anaheim Disposal, Inc., to haul tree trimming waste for the purpose of recycling for a period of 18 months (through December 31, 1992) at a cost of $69.80 per container. Al0. 158: RESOLUTION NO. 91R-252: 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. Roll Call Vote on Resolutions: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None The Mayor declared Resolution No. 91R-250 through 91R-252, both inclusive, duly passed and adopted. The motions and resolutions on the Consent Calendar were approved and adopted as recommended. End of Consent Calendar. All. 148: VOTING DELEGATE - ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE - OCTOBER 13-16. 19912 Designating a voting delegate and an alternate for the annual League of California Cities Conference to be held October 13-16 in San Francisco. Council Member Daly suggested that the Council defer designating a delegate and alternate until they know who is going to attend the conference; Mayor Hunter stated he would like to know the cost as well to send anybody. Council Member Daly suggested that the City Clerk wait until they know who is 'going to the conference before placing the item back on the agenda. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 25, 1991 - DECISION DATE: AUGUST lr 1991, INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 16, 1991: 555 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1991, 5:00 P.M. B1. 179: VARIANCE NO. 4135, CATEGORICALLY EXEMPT, CLASS 11: OWNER: HUISH FAMILY FUN CENTERS, 1041 N. Shepard, Anaheim, CA 92806, Attn: Shane Huish. LOCATION= 1041 North Shepard Street. Property is approximately 7.0 acres located on the west side of Shepard Street and located approximately 560 feet south of the centerline of La Palma Avenue. Waivers of (a) permitted signs and (b) maximum sign area to construct a freestanding entrance sign. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4135 APPROVED, IN PART, (waiver a) APPROVED - permitted signs, and waiver b) DENIED - maximum sign area (ZA91-30). B2. 179: CONDITIONAL US~ PERMIT NO. 3276 AND NEGATIVE DECLARATION= OWNER: Mrs. Hwa Ja Rah, Calvary Day Care School, 2207 West Woodley Ave., Anaheim, CA 92801. LOCATION: 2207 AND 2211 West Woodley Avenue. Property is approximately .45 acre located on the north side of Woodley Avenue and located approximately 75 feet west of the centerline of Brookhurst Street. To amend a condition of approval pertaining to time extensions to continue a child care facility for 30 children. ACTION TAKEN By TH~ ZONING ADMINISTRATOR~ CUP NO. 3276 APPROVED with added condition to raise the height of the existing block wall along the west side of the property (ZAgl-31). End of the Zoning Administrator Items. B3. AND B4. 155: ORDINANCE NO. 5247 AND 5248 - ADOPTION: WAIVER OF READING - ORDINANCES: The title of the following ordinances were read by the City Clerk. (Ordinance No. 5247 and 5248) Council Member Pickler moved to waive the reading in full of the ordinances. Council Member Ehrle seconded the motion. MOTION CARRIED. Council Member Pickler offered Ordinance Nos. 5247 and 5248 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5247: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTION 18.70.030 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING CONDITIONS OF APPROVAL TO ORDINANC~ NO. 4861 R~LATIN~ TO ~P~I~I~ PLAN 87-1 ZONING (THE HIGHLANDS AT ANAHEIM HILLS). ORDINANCE NO- 5248: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1 ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS~ COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter None None 556 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 13, 1991, 5:00 P.M. The Mayor declared Ordinance Nos. 5247 and 5248 duly passed and adopted. 1. Consideration of the Ordinance and Resolution repealing the Utility User's Tax, was discussed as the first item on the agenda today (see above). C2. 106z BUDGET ADVISORY COMMISSION APPOINTMENTS - CONTINUED: Request by Council Member Daly at the meeting of July 23, 1991, for the creation of a 10-member Budget Advisory Commission to be advisors to the City Council on a year-round basis concerning fiscal matters. Appointments to the Budget Advisory Commission were made by Council Member Daly (Vaughan) and Council Member Simpson (Clark) at the meeting of August 6, 1991. Council Member Pickler appointed Mr. Ken Heuler and Mr. Doug Leavenworth to the Budget Advisory Commission. Council Member Ehrle appointed Mr. Tom Tate. He will name another appointee at a later date. Council Member Daly stated he would make his remaining appointment next week. Mayor Hunter stated he was not prepared to make his appointments at this time. Council Member Simpson stated he is not prepared to name his remaining appointee tonight. Council Member Daly asked staff to recommend some operating guidelines and policies, goals and objectives for the commission which he feels can help guide the City back to a balanced budget. This will happen best with full cooperation of management staff in helping to lay ground work for a positive working relationship with the new commission. City Attorney White. He stated it will also be appropriate to bring back to the Council at a later date an ordinance that would codify a permanent commission under the City Charter. With Council's consent, he will be working on an ordinance for the Council's consideration and in that ordinance will incorporate some of the guidelines. It was determined that this matter be continued to Tuesday, August 20, 1991. ITEMS OF PUBLIC INTEREST: There were no new items addressed at this time. (See the beginning of the meeting where many citizens addressed the Council relating to the Utility User's Tax). D1. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 1703. CONDITIONAL USE PERMIT NO. ~525 AND CONDITIONAL USE PERMIT NO. 3052: OWNER: GEORGE ADAMS, 3200 E. Frontera, Anaheim, Ca 92806. AGENT: PHILLIP ANTHONY, 2157 Pacific Avenue, B203, Costa Mesa, CA 92627. 557 City Hall, Anaheim, California - COUNCIL MINUTES - August 13, 1991, 5:00 P.M. LOCATIONs The property is located at 3200 Frontera Street. The subject property consists of three rectangularly-shaped parcels of land consisting of approximately 18.5 acres. The property has a frontage of 1885 feet on the south side of Frontera Street, a maximum depth of 465 feet, is located approximately 1100 feet northeast of the centerline of Glassell Street/Kraemer Boulevard, and further referred to as 3180 and 3200 East Frontera Street. One of the parcels is zoned · ML', (Industrial Limited) and the other two parcels are zoned ~RS-A-43,000", (Residential/Agricultural). The purpose of the public hearing is to (1) consider revocation or modification of Conditional Use Permit No. 1703 which permits a resource recovery and recycling operation on ML zoned property located on 6.4 acres at the southeast corner of Frontera Street and Newkirk Road, with code waivers of minimum front setback and required block wall; (2) to consider revocation or modification of Conditional Use Permit No. 2525 which permits a resource recovery and recycling operation including an automobile dismantling business with wholesale and retail sales of auto parts on ML zoned property; (3) consider revocation or modification of Conditional Use Permit No. 3052 which permits a retail used automobile sales facility with waiver of maximum area of freestanding sign. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin August 2, 1991 Mailing to property owners within 300 feet - July 30, 1991 Posting of property August 2, 1991 City Manager Ruth. Me stated that the County of Orange has requested that any action on the subject CUP be deferred until after October 4, 1991. Mayor Hunter asked if anyone was present on this matter or was opposed to a continuance; there was no response. MOTION: Council Member Pickler moved to continue the public hearing on Conditional Use Permit No. 1703 on possible revocation or modification of Conditional Use Permit No. 1703, Conditional Use Permit No. 2525 and Conditional Use Permit No. 3052 to Tuesday, October 8, 1991. Council Member Hunter seconded the motion. MOTION CARRIED. ADJOURNMENT~ Council Member Hunter moved to adjourn. Council Member Pickler seconded the motion. MOTION CARRIED. (10:14 p.m.) LEONORA N. SOHL, CITY CLERK 558