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1987/06/09City Hall, A~-heim, California - COUNCIL MINUTES - June 9, 1987, 10:00 A.M. The City Council of the City of Anaheim met in adjourned regular session (of June 2, 1987). PRESENT: ABSENT: VACANCY: PRESENT: COUNCIL MEMBERS: COUNCIL MEMBERS: None COUNCIL MEMBERS: One ClTY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl FINANCE DIRECTOR: George Ferrone PROGRAM, DEVELOPMENT & AUDIT MANAGER: VISITOR & CONVENTION BUREAU PRESIDENT: DATA PROCESSING DIRECTOR: Philip Grammatica FIRE CHIEF: Jeff Bowman DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING: LIBRARY DIRECTOR: William Griffith HUMAN RESOURCES DIRECTOR: Garry McRae Hunter, Pickler, Kaywood and Bay Ron Rothschild Bill Snyder Norman J. Priest A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on June 5, 1987 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of June 2, 1987 to order at 10:00 a.m. on June 2, 1987 and welcomed those in attendance to the Council meeting. 127: DECLARING THE RESULT OF CANVASS OF ELECTION RETURNS - SPECIAL MUNICIPAL ELECTION OF JUNE 2, 1987: Councilman Bay offered Resolution No. 8IK-ZZb ~or adoption, declaring the result of the Canvass of election returns from the General Special Municipal Election held on June 2, 1987. Refer to Resolution Book. RESOLUTION NO. 87R-226: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFOILNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 2, 1987, DECLAILING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Roll Call Vote: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One The Mayor declared Resolution No. 87R-226 duly passed and adopted. 127: PAYMENT OF EXPENSES INCURRED IN THE SPECIAL MUNICIPAL ELECTION OF JUNE 2, 1987: Councilwoman Kaywood moved to waive Council Policy No. 306 and authorize the City Clerk to expend funds previously appropriated for expenses incurred in the Special Municipal Election June 2, 1987, including 349,041.80 483 City Hall, Anaheim~ California - COUNCIL MINUTES - June 9, 1987~ 10:00 A.M. to Martin & Chapman for supplies and services and for individual payments to election workers in amount ranging from $35 to $50, as recommended by the City Clerk. Councilman Bay seconded the motion. One Vacancy. MOTION CARRIED. 114: OATH OF OFFICE - NEWLY ELECTED COUNCIL MEMBER - WILLIAM D. "BILL" EHRLE: Mr. Ehrle having submitted a written declaration that he has no property within either Project Alpha or the Katella Redevelopment Project which is on file in the office of the City Clerk, in accordance with Section 33130 of the Health and Safety Code. City Clerk Leonora Sohl then administered the Oath of Office to William D. "Bill" Ehrle who was elected to the City Council at the Special Municipal Election of June 2, 1987 for the term ending November 8, 1988. Councilman Ehrle stated this was one of the happiest days of his life to have been elected to the Anaheim City Council. It was through a team effort that he was elected and he thanked all the members of his team. He then introduced themany members of his family who were present, most especially his mother Tillie Ehrle. He looked forward to the days ahead. He was anxious to start working to resolve the many issues he talked about in his campaign and to fulfill the promises he had made. Councilman Ehrle stated as his first official act as Councilman, he would like to bring a motion of notice of intent to terminate the City Manager's contract and to remove the City Manager from Office pursuant to Section 606 of the Anaheim City Charter. The notice is further given pursuant to Paragraph 3 of the City Manager's contract dated May 22, 1984. Councilman Hunter seconded the motion even though it might be premature under the City Charter. Section 606 provides that such action cannot be taken until 90 days after an Election. Mayor Bay stated the Chair rules the motion out of order because of Section 606 of the City Charter. He thereupon referred that ruling to the City Attorney for clarification. City Attorney Jack White explained that the Charter Section referred to provides that no action be taken to remove the City Manager from Office within 90 days from any Municipal Election at which a member of the City Council is elected. It would be in accordance with that section that no action be taken at this meeting. Councilman Bay stated the ruling of the Chair stands. He then moved to recess for ten minutes. Councilman Pickler seconded the motion. MOTION CARRIED. (10:20 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (10:30 a.m.) 106: DEPARTMENTAL RESOURCE AT.LOCATION PLAN WORKSHOP - 1987/88 - 1988/89: City Manager William Talley presented the proposed Resource Allocation Plan (RAP) transmitted to the Council on June 1, 1987, in accordance with the provisions of the City Charter. The Plan encompasses two fiscal years, 1987/88 and 1988/89. This is the second 2-year Plan prepared by the City, the previous Plan having won numerous awards. Only the first year of the Biennial 484 Cit~ Hall~ Anaheim~ California - COUNCIL MINUTES - June 9~ 1987, 10:00 A.M. Plan can be adopted this month. After that Plan is adopted, staff will re-examine the second year next spring, make any necessary revisions and submit it for Council review on or before June 1, 1988. Documents have been provided for review. The first document is the 1987/1989 Resource Allocation Plan prepared by the Office of the City Manager, William O. Talley, the City of Anaheim; the City of Anaheim Capital Improvement Plan (CIP) 1987/1992, and the last document, the 1300 Page line item budget detail print-out. The 1987/1989 budget document is an Executive S,~mary of the many City programs s-mmarizing program goals, objectives, services levels, proposed appropriations and pertinent policy issues. The CIP shows in detail the numerous projects proposed to be undertaken over the next 5 years and the sources of the funds to support them. The 1987/88 proposed Plan totals for the City $428,641,772 and the 1988/89 proposed Plan totals $429,117,000. In addition, for 1987/88, the Council will be considering the Redevelopment Agency's budget totaling $24,919,000 and $21,902,000 for 1988/89 as well as the Housing Authority budget of $11,844,000 for 1987/88 and $11,624,000 for 1988/89. Mr. Talley then briefed the information contained in his budget transmittal letter on Pages 2 and 3 of the Executive S,~mary which addressed the difficult decisions required in presenting the Plan as it stands today, service level reductions recommendation, a commitment to an increase in public safety, investments necessary to be made to assure and maintain Anaheim's position in the Tourism and Convention business, and the policy issues that needed to be addressed. (Budget Document Executive S,,mm~ry, Line Item Document and CIP on file in the City Clerk's Office). In concluding his presentation, Mr. Talley stated returning to the funding of the numerous existing programs and projects as well as the recommended renewal commitments to public safety and the Convention Center/Stadium expansion, addressing each of those separately, the current budget shortfall can be met by using existing fund balances and reserves from prior years. However, this would represent only a temporary answer and if the Council chooses to adopt the staff recommendation and do that, he would also recommend that staff be directed to review all existing revenues for increases where appropriate. To finance increased public safety services equitably, he believes a broad-based revenue is fairest as everyone benefits from these programs. If Council decides to increase public safety services substantially, staff will be prepared to present the Council with alternatives together with advantages and disadvantages of each major funding source. Without that direction, he is not submitting any recommended funding recommendations or revenue sources. To finance the renewed commitment to the Tourism/Convention future, he recommends an increase in the Transient Occupancy Tax (TOT) from 8I to 10%. This will place the financial burden for those improvements on those who benefit most directly. The recommendations proposed in the 2-year Plan are not short-term solutions. They also represent a commitment to a strong and vital future for Anaheim but must be made today if the great City of Anaheim is to realize its vision of tomorrow. The City Manager then introduced the RAP video - "Anaheim - A Community With A Vision." Each City Department was included in the video which gave an 485 City Hall, An-helm, California - COUNCIL MINUTES - June 9, 1987, 10:00 A.M. overview of the Department's functions, services provided and commitments to the future in service to the citizens of Anaheim. In addition, the policy issues were again addressed. Upon conclusion of the video presentation, Mr. Talley then introduced and prefaced each Department's budget presentation giving its location in the Budget Document and Capital Improvement Plan where applicable, Department in the Line Stem Document and budget totals. He also noted those Departments where the policy issues needed to be addressed. The following Department Heads then supplemented the budget video presentation by giving a brief overview of their Department's accomplishments over the past year, their plans and goals for the coming year(s) and/or an explanation relative to their proposed budget requirements for 1987-89 as well as addressing policy issues if applicable: Finance Director~ Georze Ferrone - Finance Department: (RAP Pages 66 and 67 - budget total 1987/88, $3,299,418 - 1988/89, $3,389,975). Program Development & Audit Mana~er~ Ron Rothschild - City Council and Visitor and Convention Bureau: (PAP Pages 21 and 22 - budget total 1987/88, $2,955,222 - 1988/89, $3,157,581). City Manager Talley. The budget figures would be modified upwards if the Council adopts an increase of 2% (8% to 10%) in the TOT - 1/8 of that tax goes to the V&C for their activities. President of the V&C Bureau, Bill Snyder: He gave an extensive overview of the accomplishments in the City's Visitor and Convention business over the past year as well as giving a comparison of figures in the Tourist and Convention business over the past four years. He also explained future marketing plans to keep Anaheim at the forefront of this important business during which he submitted samples of ads that were going to be placed in various publications. Council Discussion - Re: Proposed increase in the TOT from 8% to 10%: Was the industry supportive of that proposal in order for the City to enlarge the Convention Center so as not to miss future markets? Bill Snyder. Meetings have been held with the Hotels and Visitor and Convention Board of Directors. It is recognized that the City is starting to lag as far as usable exhibit space is concerned. They are distraught to realize the state of the Convention Center and the desperate need to bring the facility up to date. The industry has never walked away from an issue and it was a unanimous feeling they would not walk away from this one. They did consider the issue of the need to make certain there is an amortized appreciation fund and while no one likes the idea of a tax, and the industry does not like it either, they are supportive of it with the provisions that it is 486 City Hall, An-heim~ California - COUNCIL MINUTES - June 9, 1987, 10:00 A.M. devoted to the areas mentioned and that care be given that the depreciated condition of the Convention Center will not occur again. He reiterated they are supportive and some of the people present at the meetings were representatives from Dtsneyland, Inn At The Park, Grand Hotel, Hyatt, Emerald, Howard Johnson's, etc. - a broad cross section was represented. Data Processin~ Director~ Phil Grammatica - Data ProcessinK Department: (RAP Page 68 - budget total 1987/88, $3,995,052 - 1988/89, $4,161,972). Fire Chief~ Jeff Bowman - Fire Department: (RAP Page 28 and 29 - Page 19, CIP - operating budget total 1987/88, $17,867,271 - total Capital Improvements, $112,000 - budget total, $17,979,271 - 1988/89 operating budget total, 518,534,364 - total Capital Improvements, $32,000 - budget total, $18,556,364). Issue: The City Manager explained the City has invested considerable resources in its Level I hazardous materials incidents response capability. Affordability and risk exposure are issues when providing assistance to neighboring Jurisdictions who do not have similar capabilities. The Plan contemplates if the Fire Chief cannot make share-of-cost agreements with the other Jurisdictions no later than January 1, 1988, it is his (Talley's) recommendation that Council direct staff not to continue the service level Anaheim is providing to its neighbors without indemnification. Mayor Bay. With regard to the foregoing issue, it has always been the City's intent to cooperate with its neighbors but it does not mean subsidizing them and he does not believe they would expect that. Director of Community Development & Planning~ Norm Priest - Community Development & Plannin~ Department: (RAP Pages 31 and 35 - budget total 1987/88, $46,479,196 - 1988/89, $42,980,020 - includes Planning, Zoning, Administration, Redevelopment, Building, Housing, Neighborhood Preservation, Economic Development and the Job Training Partnership Act). Library Director~ William Griffith - Library: (RAP Page 22 and 23, Page 19 CIP - operating budget total 1987/88, $4,685,077 - total Capital Improvements, 3152,000 - operating budget total, 1988/89 - $4,983,516 - total Capital Improvements, 5137,000). City Manager Talley explained that the $137,000 lease payment had been budgeted for the Library's automation project. However, staff now believes it is in the best interest of the City to lease purchase the entire system which would require an additional $65,494 each year beyond that currently in the Plan. Monies are available from Library Grant balances. The new request would them be both for operating in Capital Improvements, $4,902,571 for 1987/88 and $5,186,075 for 1988/89. 487 City Hall~ An,heim~ California - COUNCIL MINUTES - June 9~ 1987~ 10:00 A.M. William Griffith. In concluding his presentation he stated a major deficiency at present is that the budget does not address the Central Library renovation. The facility is becoming increasingly run-down and also the impact of Redevelopment on Broadway has severely handicapped the Central Library operation. Human Resources Director~ Garry McRae- Human Resources Department: (RAP Page 65 - 1987/88 budget total, $1,897,416 - 1988/89, $1,961,916). Mr. McRae explained an issue beginning to be addressed in the budget but which will not go away in the future is the increasing difficulty that is coming about because of the shortage of qualified police officer applicants. The budget provides for an enhanced recruiting effort over the next number of years. Demographics are such that there is a dip in the population age group in the category of people who would be interested in the Job. There are great demands both in the public and private service for people who have the qualifications for police officers. This will be an increasing problem over the period of this two-year budget and in future years as well. ADJOUNRMENT: Councilman Bay moved to adjourn the 10:00 a.m. adjourned regular meeting of June 2, 1987. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:21 p.m.) 488 187 City Hall~ A,,beim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBEKSI Eh~-le, H,.~er, Pickler, Kaywood and Bay ABSENT: COUNCIL MEMBERS. NoneD c~ PR~ESF.,NT: CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl CITY ENGINEER: Gary E. Johnson ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER.' Paul Singer DIRECTOR OF PARKS, P. ECKEATION & COMMUNITY SERVICES: Chris Jarvi CONVENTION CENTER GENERAL MANAGER.' L~nn Thompson CITY TKEASUKER: Mary Turner GOLF OPERATIONS MANAGER: Don Marshall MAINTENANCE DIRECTOR; John Roche PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt ASSISTANT GENERAL MANAGER - MANAGEMENT SERVICES: Darrell Anent ASSISTANT CITY MANAGER: Ronald Bates STADIUM OPERATIONS MANAGER.- Bill Turner A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on June 5 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the regular meeting of the Anaheim City Council to order at 12:05 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. 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; City of Anaheim vs. Anaheim Hotel Partnership, 46-96-59. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(c). Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:21 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. (1:47 p.m.) 489 City Ba11~ ~m~b~m~ Callfo~nia - COUNCIL HINUTES - June 91 19871 1:30 P.M. INVOCATION: Father Gary Goldacker, St. Michael's Church, ~ave :he Invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the FLag. 119: PROCLA/iATION: The following proclamation was issued by ~ayor Bay and authorized by the City Council: Heritage Day at Oak Canyon Nature Center, June 14, 1987. MINUTES: Approval of the minutes was deferred to the next regular meeting. WAIVER OF READING - ORDI//ANCES AND RESOLUTIONS: Councilman Pickler moved to waive the reading in full of all ordinances and resolutions of the Asenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council H embers, unless after reading of the title, specific request is made by a Council He, abet for the readin8 of such ordinances or resolutions in regular order. Councilwoman Kay~ood seconded the motion. MOTION CARRIED. FINANCIAL DEHANDS AGAINST THE CITY in the a~ount of $4,810,848.45, in accozdance with the 1986-87 Budget, were approved. CITY HANAGER/DEPARTHENTAL CONSENT CALENDAR: On motion by Counci~man Pickler, seconded by Councilwoman Kay~ood, the followin8 items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 87R-227 through 87R-234, both inclusive, for adoption. Refer to Resolution Book. Councilman Pickler offered Ordinance No. 4836 for first reading. 1. 118: The rolls,ring claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Hanagement: a. Claim submitted by Judy Chain, dba Scottervllle for property damage purportedly due to actions of the City on or about December 23, 1986. b. Claim sub~itted by Orange County Transit District for inde~nification for injuries sustained purportedly due to actions of the City on or about November 3, 1984. c. Claim submitted by Davy Rooftn/, Inc. for indemnity, contribution, proration and apportionment for injuries sustained purportedly due to actions of the City on or about September 5, 1986. d. Claim submitted by Calmark for property loss sustained purportedly due to actions of the City on or about June 6, 1986. e. Claim sub~itted by Kenneth Jay Freeland for bodily injury sustained purportedly due to actions of the City on or about February 17, 1987. 490 189 City Hall~ Anabetm~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. f. Claim submitted by Donna Batista Pulltam; Pa/ge Ashley Pulltam, a minor through her Guardian Ad Litem Donna Battsta Pull/am, for wrongful death of Charles Edward Pulliam sustained purportedly due to actions of of the City on or about January 24, 1987. g. Claim submitted by Terry Gutnan for bodily injury sustained purportedly due to actions of the City on or about January 5, 1987. Application for Leave to Present Late Claim - denied: h. Claim submitted by Wendy Anne Harris for bodily injury sustained purportedly due to actions of the City on or about April 14, 1986. Claim filed against the City - Recommended to be Accepted: t. Claim submitted by James R. MacLean for property damage sustained purportedly due to actions of the City on or about December 19, 1986. 2. Receiving and filing the following correspondence: (on file) a. 175: Application No. 87-05-031 of Southern California Edison Company (U 338-E) for (i) authority to transfer recovery of San Onofre Nuclear Generating Station Unit Nos. 2 and 3 Post-COD investment - related costs to base rates pursuant to previously adopted procedures, and (ii) related substantive and procedural relief. b. 105: Public Library Board, Minutes of April 22, 1987. c. 105: Community Redevelopment Commission, Minutes of May 6, 1987. 3. 123/152: Authorizing the Executive Director of the Redevelopment Agency to execute a Letter Agreement with First Interstate Bank of California for an unsecured line of credit in a maximum amount of $5,000,000 to expire January 1, 1988. 4. 152/175: Authorizing the Public Utilities General Manager to execute standard contracts for Cogeneration Systems. 5. 175/123: Authorizing an agreement with Integrated Management Systems an amount not to exceed $18,500 to conduct an audit of Public Utilities Department's electric and water labor standards. 6. 175/123: Authorizing an agreement with Network Computing Corporation, (NCC Systems, Inc.), to provide a Customer Information System for the Public Utilities Department, at a cost not to exceed $200,000, with an annual renewal fee of $20,000. 7. 151: Authorizing an Encroachment License with Leeland Investment II to allow the encroachment of curbs, curb and gutter, and pavement in the City right-of-way at 509 East Katella Avenue (R/W 87-3E). 491 190 City Hall, Anaheim~ California - COUNCILMINUTES - June 9! 1987~ 1:30 8. 160: Authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improvement Corporation in the amount of $15,843.82 for one each, ten-yard end dump (pup) trailer, in accordance with Bid No. 9. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a purchase order to the Anaheim Public Improv~ent Corporation in the amount of $18,316.80 for 320 "load leveler' temperature activated outdoor switches to control central air conditioner compressor vith fized duty cycle. 10. 167: Receiving and filing the City Engineer's report of no bids received on the call for bids for the sign installation Program Phase II, installation and replacement of signs throughout the City. 11. 161: Appointing Ronald Bates, Assistant City Nanager, as the City's representative to the Fiscal Review Committee for the Katella Redevelopment Project. 12. 160: Accepting the bid of Harbor Fabricating in the amount of $22,437.02 for nine each, one-ton service bodies with appurtenances and related equipment installed on cab/chassis furnished by the City, in accordance with Bid No. 4448. 13. 175: RESOLUTION NO. 87R-227: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEINFINDINGAND DETERMINING THAT PUBLIC CONVENIENCE ANDNECESSITY KEQUIEE THE CONSTRUCTION AND COP. PI.ET10N OF A PUBLIC WORK. (Installation of a Combustion Turbine Peaking Plant at 1144 North Krae~er Boulevard, Account No. 58-682-5505-07412; and opening of bids on August 6, 1987, 2:00 p.m.) 14. 167: RESOLUTION NO. 87R-228: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CEKTAIN PUBLIC WORK. (SIGNAL MAINTENANCE, INCORPORATED). (Signal Maintenance, Inc., in the amount of $295,317.50, for Traffic Signal Maintenance, City wide, Account Nos. 01-263-6235, -6750, -6240 and -6752) 15. 167: RESOLUTION NO. -----: Awarding a contract to the lowest and best responsible bidder, Steiny and Company, Inc., $257,700, for Downtown Signal Improvement Project - Phase I, Account No. 46-795-6325-E5300. This item was withdrawn by staff to be rescheduled in one week, 16. 176: RESOLUTION NO. 87R-229: A RESOIYTION OF THE CITY COUNCIL OF THE CITY OFANAHE/J~DECLAEING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (87-9A) (Declaring intent to abandon a sewer easement for the proposed future development of a parcel on Walnut Street, north of Broadway at 213 South Walnut, (Abandonment No. 87-9A) and setting a date for the public hearing therefor; suggested date: July 7, 1987, 3:00 p.m.) 17. 161: RESOLUTION NO. 87R-230: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RECEIVING THE PROPOSED REDEVELOPNENTPLANAND CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPNENT PLAN FOR THE KATELLAREDEVELOPMENT PROJECT AREA. (Setting a date therefor; suggested date: July 7, 1987, 3:00 p.m.) 492 191 City Hall~ An~heim~ Califormia - COUNCIL MINUTES - June 9t 1987t 1:30 P.M. 18. 158/170: RESOLUTION NO. 87R-231: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STKEETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain public streets, easements and/or facilities for Tract No. 9864; Nohl Ranch Road, Meats Avenue, Fairfield Street, Aberdeen Street and Westfield Court) 19. 158/170: RESOLUTION NO. 87R-232: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain public streets, easements and/or facilities for Parcel Map No. 85-256; Serrano Avenue and Columbus Drive) 20. 158/170: RESOLUTION NO. 87R-233: A RESOLUTION OF THE CITY COUNCIL OF CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting certain public streets, easements and/or facilities for Tract No. 9602; Chalice Laue, Greensboro Lane, Londerry Lane, Pairfield Street and Nohl Ranch Road) 21. 158: RESOLUTION NO. 87R-234: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING G~itTAIN DEEDS AND CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. (A~cepting Deeds of Easement) Roll Call Vote on ReSolution Nos. 87R-227 through 87R-234: AYES: COUNCIL MEMBERS: E6ri~, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 87R-227 through 87R-234, both inclusive, duly passed and adopted. End of Consent Calendar. 149/142: PROPOSED ORDINANCES RELATING TO BUSSES: (1) Adding Section 14.32.060 of the Code, relating to operation, stopping or standing of busses in certain streets, (2) Adding Section 14.32.070 of the Code, relating to operation of busses loading and unloading passengers, stopping or standing in a through traffic lane intended for the use of vehicular traffic. Submitted were reports dated June 8, 1987 from the City Fagineer and concurred in by the Chief of Police, recommending adoption of both Ordinances. City Manager William Talley referred to letter received dated June 5, 1987 from James S. Okazaki, Law Firm of Okazaki & Coontz, expressing concerns relative to adoption of the ordinance prohibiting loading and unloading in a through traffic lane. Also a Mr. Roger Cohen, of Pro Advocates, Inc., asked to speak to the issue. Councilman Bay first offered the ordinances for first reading explaining that the second reading (adoption) would occur at the next Council meeting. ORDINANCE NO. 4836: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 14.32.060 OF CHAPTER 14.32 OF TITLE 14 RELATING TO OPERATION OF BUSSES ON NARROW STREETS. 493 192 City Hallt 'Anaheim~ California - COUNCIL F~I/~UTES - June 9~ 1987t 1=30 P.N. O~DINANCE NO. ----~ AN ORDINANCE OF THE CITY OFANAHEINADDING SECTION 14.32.070 OF CHAPTE~ 14.32 OF TITLE 14 P. ELATING TO OPERATION 0F BUSSES LOADING AND UNLOADING PASSENGERS, STOPPING OK STANDING IN A THROUGH TRAFFICLANE INTENDED FOg THE USE OF VEHICULA~TRAFFIC. Mr. Roger Cohen, 13834 Park View Avenue, Manhattan Beach, 90266, representing Gray Line Tours Company. With l~m today were Mr. Phil Bouchet, Vice-President and Hal Webber, Branch Manager. They had met with the City's Traffic Engineer and briefly with the City Engineer. Gray Line is the largest operator of Motor Coach Tours in Southern California and in Anaheim alone service 96 different hotels. Mr. Cohen then briefed the document he submitted at the be&inninS of the meeting entitled - Testimony of Gray Line Tours Company - Anaheim City Council, June 9, 1987 (made a part of the record). They strongly support the first ordinance prohibiting busses from regularly operating in residential neighborhoods on streets less than 40 feet wide but on the other hand are strongly opposed to the ordinance prohibiting busses not operated by a public entity from stopping, standing, loading and unloading passengers in a through vehicle lane which they felt represented a sudden, drastic and highly impractical regulation that could strangle Anaheim's leading industry, tourism. Listed on Page 2 of the testimony were four major reasons to substantiate their objections. He thereupon urged the Council to indefinitely postpone any further action on the proposed ordinance and return the issue to staff for further review and study. Stu Allen, owner, Coordinator Sight Seeing Tours and American Sightseeing of Dlsneyland operating for 21 years in Anaheim. All of the tour companies in Anaheim spend very little time at any one location making pickups. Busses eliminate a lot of vehicular traffic coming out of and into motels each day. There has never been an accident with one of his busses being struck. They do not stop at every motel, Just those locations where they have reservations and passengers to pick up. If their 40-foot busses have to go in and out of every driveway, it will take three lanes to do it which will create a real traffic problem. It is important to have easy access to get onto their tour busses. This business is of great economic importance to the City of Anaheim. They need to sit down with the people from traffic with the hope that traffic can work on ways to help the industry. Other cities utilize'signs in the lane in front of the hotels/motels indicating there is a tour pickup area. If a problem is perceived, there are ways around it, one being to post signs warning people there are busses making pickups in those lanes. They have 96 pick ups and Gray Line has 96 - the 0range County Transit District (OCTD) has a minimum of 870 scheduled stops in the Disneyland area. He finds it hard to relate how their few pickups would create a problem compared to the OCTD schedule. John Conley, Traffic and Planning Manager, Airport and Fun Bus. He concurs with Hr. Cohen and Allen for the same reasons. Also in the past few months there has been a great deal of construction in the Disneyland area on Harbor Boulevard and there are continuing traffic problems in and around that area. There are no Right Turn Only lanes which could alleviate some of the problems. They pick up in two or three minutes and are gone. 494 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. Walter Bormann, Anaheim resident. He would like to hear from the City Traffic Engineer. He does not see any problem. The busses are givin& a service and he believes the Traffic Engineer is trying to discourage that. Paul Singer, Traffic Engineer. A bus that loads in two to four minutes and makes stops three to four times in the same block on Harbor Boulevard between Katella and Freedman Way will delay an entire lane ten minutes. If this occurs 200 times a day there is a serious deficiency in lane capacity on the roadway. He does not agree with the bus carriers that there is not adequate space to pull off on private property, for instance, northbound on Harbor Boulevard at the Hyatt between Katella and Freedman. In the past, all busses pulled on site, loaded and unloaded and proceeded onto Harbor. Similar arrangements can be made up and down Katella and Harbor with cooperation by the bus companies. Relative to the safety aspects, he submitted a collision diagram depicting Harbor Boulevard between Katella and Freedman Way showing numerous collisions. He could not say how~any were due to busses but would say a considerable number. The goal is to get busses off travel lanes when they have to stop in order to provide more capacity on those lanes and greater safety to the traveling public. There is a vital need in that area especially, but also along any arterial highway with lanes adjacent to the curb. He has met only with Mr. Cohen from Gray Lines. Gray Lines was the only company who contacted the City following notification relative to the proposed ordinances. Hayor Bay. He wanted to know why no attempt was made to engineer the solution to the problem instead of Just prohibiting busses from curbside pickup. He would recommend delaying the first reading on the proposed ordinance on this issue until some alternatives are investigated to solve the problem that is going to be created by the solution to the first problem. Some priorities should be placed on working on some type of an agreement to provide areas that are ~hysically capable of handling 40-foot busses. Paul Singer. He is aware of the problem that is created and has investigated the solution. There are always adjacent driveways that will accomodate bus turn arounds so that loading and unloading can be done on private property but perhaps guests at adjacent motels would have to walk across the property line in order to Join the others. He would be more than willing to work with any bus companies in order to coordinate the drop off area on private property. Mayor Bay. He asked Hr. Cohen if it would be possible to &et some of the bus companies together and meet with the Traffic Engineer in otter to work out a practical solution if the Council chooses to delay implementation of the proposed ordinance. Mr. Cohen. They stand ready to assist and help with whatever cooperative efforts might be necessary. Mayor Bay. He is hoping that voluntarily the hotels and bus companies will get together to try to work out the best solution possible. He is willing to delay even the first reading of the ordinance or at least the second reading. 495 194 City Hall, Anaheim, California - COUNCIL ~INUTES - June 9~ 1987~ 1:30 P.H. Hr. Cohen. They are trying to solve the problem and that is why they would ask for the time to do that and ask cooperation from staff to look at their problem. Paul Sin/er. Lt. Thalman was present who could enlighten the Council on some of the problems the Police Department has experienced with regard to the situation. Lt. Thalman. The concerns of the Police Department are those expressed by the Traffic Engineer with regard to traffic congestion and safety of the public. He believes the problem could be addressed and worked out as suggested. Mayor Bay then confimed that the proposed ordinance prohibiting busses in residential areas was offered for first readin8 and that first readtn~ stands. Relative to the ordinance prohibiting busses from loading and unloading passengers, stoppinB or standing in a through traffic lane intended for the use of vehicular traffic, he withdrew the first reading of that ordinance and moved to continue the first readinB until July 7, 1987 and in the meantime that staff meet with the bus companies and provide space for a meeting if they do not have it to work out a feasible plan to solve the problems involved. Councilman Pickler seconded the motion. MOTION CARRIED. 128: AWARDING THE SALE OF 1987/88 TAX AND REVENUE ANTICIPATION NOTES: Finance Director George Ferrone, introduced the City's Financial Advisor, Mr. John Fitzgerald to report on the subject sale. Mr. John Fitzgerald, Seidler-Fitzgerald, reported that this mornin~ the City Clerk opened bids on the $13 million dollar Tax and Revenue Anticipation Notes (TRAN). He is pleased to report that 15 bids were received, the largest number received on a competitive sale that he has ever experienced in his tenure of dealing with municipal finance and five more than received last year. The low bid was submitted by Goldman, Sachs at an interest rate takin~ into account their premium net interest cost of 3.945 percent. The spread between the low bid and the second bid was 1/10th of one percent. Biddin~ was very tight and competitive. The rate last year was 4.15 percent. It is his recommendation that the Council award the bid to the best bidder, Goldman Sachs at an interest rate of 3.945 percent. It is the lowest 1-year interest they have seen this year on any note issue. Councilwoman Kay~ood offered Res01utl0n No. 87R-235 for adoption. Refer to Resolution Book. RESOLUTION NO. 87R-235: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~Ia AWARDING THE SALE OF CITY OF ANAHEIM 1987 TAX AND REVENUE ANTICIPATION NOTES. Roll Call Vote: AYES: COUNCIL HEMBERS: NOES: COUNCIL MF21BERS: ABSENT: COUNCIL MEMBERS: Ehr!e, Hunter, Pickler, Kaywood and Bay None None 496 City Ha11~ Anaheim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 The Hayor declared Resolution No. 87R-235 duly passed and adopted. 107/142: ORDINANCE NO. 4837 - SPECIAL PERMITS FOR BUILDING RELOCATIONS: Amending Section 15.32.020 of the Anaheim Hunicipal Code relating to special permits for building relocations. Submitted was report dated June 3, 1987 from the City Attorney recommending that the Council adopt the proposed ordinance. City Attorney Jack White explained that last Tuesday tha Council asked his office to review the current provisions in the subject Code Section and make recommendations which he has done in his memorandum of June 30, 1987. The recommendation is that the City Council delete the existing provision which provides that in the event a majority of the property owners within a 300-foot radius of any property where a structure is to be relocated would have the absolute right to veto the relocation and in the event that such a majority protest was received, the City Council could then no longer entertain an application for such a relocation. In reviewing the status of existing law in this area, it is his recommendation that provision be repealed which would allow the Council to then exercise its discretion in the future and either to approve or disapprove the building relocation based upon the criteria that otherwise exist in that particular section such as whether the building is compatible with other structures in the vicinity and whether the building would materially financially be detrimental to surrounding properties in the vicinity. The other changes recommended are #housekeeping" in nature but he thought it would be incumbent to make certain other minor changes as listed on Page 2 of his memorandum. In answer to Council questions, Mr. White explained that relative to a variance, it would require that any variance be approved before the structure was actually moved and there are two ways that could happen. In some instances, the variance could be "piggy backed" along with the relocation permit when the Council was acting on both, or the variance could either precede the special permit or the City Council could issue the special permit for relocation on a condition that a variance be obtained to authorize that structure to be relocated on the property. Councilman Bay offered Ordinance No. 4837 for first reading. ORDINAI~CE NO. 4837: AN ORDINANCE OF THE CITY OF ANAHEIM~a~iENDING SECTION 15.32.020 OF CHAPTER 15.32 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO HOUSE MOVING. 107: REPORT RELATING TO CODE ENFORCEMENT INSPECTIONS IN THE NORTH ANAHEIM BOULEVARD AREA: Submitted was report dated June 2, 1987 from the Community Development & Planning Department - subject: Code Enforcement inspections in the North Anaheim Boulevard area submitted in response to the City Council's request of Hay 20, 1987 to provide an update regarding such enforcement activities. Mr. William Taormina addressed the Council on Nay 26, 1987 and asked for stepped-up enforcement in the North Anaheim Boulevard area and also asked for staff participation in a Citizen's Action Committee. 497 196 City Hall~ A-~-heim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. Mayor Bay acknowledged the staff report and also letter dated June 2, 1987 from William Taormina presenting a conceptual outline for Council consideration of the Citizen's Task Force for North Anaheim Boulevard. The letter listed the objectives, goals, membership and policy of the Task Force. He asked if staff had any comments. Annika Santalahti, Zoning Administrator. Staff met with Mr. Taormina on Friday after the staff report was prepared. They reviewed the items in it and agreed on what they were planning on doing. Unless there were questions, there were no additional staff comments. William Taormina, P.O. Box 309, Anaheim. During the last two weeks, he has met with Ms. Santalahti, John Poole - Code Enforcement Supervisor, Police Chief, Jimmie Kennedy and Lt. Flanagan. All have pledged their cooperation to the citizen's group and are willing to meet with them as needed and to remain on call for special questions they might have. Based on the excellent working relationship with staff, Council can expect the following three things to happen: (1) within 60 days they will be submitting their master plan for architecture, zoning and other self imposed controls for the improvement of the neighborhood in conjunction with the street widening process; (2) each six months, Council can expect to hear from the group formally with a report and slide presentation; (3) on an on-going basis, Council can expect to hear from a representative from the Association at any Council meeting wherein either a residential or co~mercial issue that affects the area might ceme up. Mr. Taormina then briefed his letter of June 2, 1987. He also pointed out that there may be a small cost to the City for newsletter printing, mailing and other reproduction costs that would not exceed 3300 per month. Councilwoman Kaywood asked if the clientele who are giving problems in the existing bars in the neighborhood were local people or if they are coming from the outside; Mr. Taormina deferred to the Police Department. Councilwoman Kaywood stated that the Council could probably get a report on that at a later date. MOTION: Councilman Bay moved to receive and file the staff report dated June 2, 1987 relating to Code Enforcement inspections in the North Anaheim Boulevard area. Councilwoman Kaywood seconded the motion. MOTION CARRIED. 179: O/DINANCE NOS. 4838 TH~0UGH 4842: Councilman Bay offered Ordinance NOS. 4636 through 4842, both inclusive, for first reading. ORDINANCE ~O. 4838: AN ORDINANCE OF THE CITY OF ANAHEIM A~ENDING THE ZONING ~AP REFERRED TO IN TITLE 18 OF THE ANAHEL~ MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 85-86-21, R~-2400, 1918-1932 E. Cypress St) ORDINANCE NO. 4839: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE R~tATING TO ZONING. (Amending Title 18, Reclass. 79-80-25(13), OS(SC), Tract 10969) ORDINANCE NO. 4840: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 79-80-25(14), RM-3000(SC), Tract 10969) 498 197 City Hall, A-~heim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. ORDINANCE NO. 4841: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 79-80-25(15), Tract No. 10970) ORDINANCE NO. 4842: AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIMMUNICIPAL CODE RELATING TO ZONING. (Amending Title 18, Reclass. 79-80-25(16), RM-3000(SC), Tract No. 10970) 114: WELCOME TO COUNCILMAN EHRLE: Councilman Pickler took the opportunity to welcome Mr. Ehrle as the newest Council Member. He was looking forward to working with him and cooperating in whatever way he could to resolve any problems and to keep Anaheim the No. 1 City in Orange County and the State; Councilman Hunter added his welcome as did Mayor Pro Tem Kaywood and Mayor Bay. Councilman Ehrle again thanked the people who made his election possible. He looked forward to working with all his colleagues on the Council. It will be a challenBe for him being elected to the Council at this critical time with a budget to be considered and adopted. He believes there will be unity on the Council and he will do everything he can to work toward that end. He personally planned to worked with each and every Council Member. Councilwoman Kaywood then took the opportunity to extend her thanks to the City Clerk and her staff for their efforts leading to and culminating on Election Day and to all the people who volunteered to assist on the night of the Special Election. 105/114: ACTION TO ~EMOVE CHARLENE LA CLAIRE FROM THE CITY PLANNING COMMISSION: Councilman Hunter moved that the Council terminate ann remove Charlene La Claire from the City Planning Commission. Councilman Bay seconded the motion. Before action was taken, Councilman Hunter stated his motion is based on the following three reasons: (1) for the first time in the history of Anaheim he believes a person has politicized the PlanninB Commission by her (La Claire's) encouraging the other Planning Commissioners to endorse her for City Council; (2) her abilities to serve on the Plannin~ Commission have been substantially impaired as a result of her receiving monies from developers in Anaheim and throughout Orange County. In accordance with a Government Code Section a Planning Commissioner is not to accept more than $250 while serving as a Commissioner but contributions were accepted some of which were $1,000 and I1,500 and she continued to sit on the Plannini Commission. It is a Conflict of Interest; (3) her lack of credibility as an individual and a Planning Commissioner because of smear tactics used in the last campaign instead of talkin~ about the issues. Councilwoman Kaywood asked to hear from the City Attorney to give a report on the Conflict of Interest if it exists. City Attorney Jack White. There are Conflict of Interest provisions that apply specifically to Board Members and Commissioner8 that do not otherwise apply to Council Members. He does not have the provisions with him and without them he is very reluctant to give specifics on what the limitations 499 198 City Hall~ Anahetm~ California - COUNCIL MINUTgS - June 9, 1987~ 1:30 P.M. would be or whether or not there had been a violation. If Council is interested and so directs him, he will be happy to prepare a report on the limitations. The only other concern he has today, since the issue is not an agenda item is that the Council must set forth the need to act under the provisions of the Brown Act since the agenda was posted on last Friday. Councilwoman Kaywood asked if it would be in order to request a staff report and that it be on the agenda next week; City Attorney White answered that would be up to the Council. Councilman Pickler. He believes that other Planning Com~issioners went through the same thing and if there is a conflict, they would hear about that. Charlene La Claire's term is expiring at the end of June and the appointment of Planning Commissioners will be considered by the Council at that time. He was hoping at that ti~e cool heads would prevail. Vindictiveness is not something they needed at this time. He did not expect the proposed action today and would oppose it. If Mrs. La Claire received more than $250, she must abstain on those specific developments that come before the Commission. If someone was going to be replaced it should be done at the end of June. Councilman Hunter. It was not being vindictive. One of her brochures indicated she was endorsed by all other members of the Planning Commission thus politicizing a Commission. A review of her campaign statements reflects that she has accepted thousands of dollars from every major developer in the City. She should voluntarily resign and, if not, it is up to the Council to see that she is removed from the Planning Commission. Councilman Pickler. He would prefer to take the opinion of the City Attorney who will review the subject and give a legal response to Councilman Hunter's opinion. It is up to the City Attorney to determine if there is a violation. Councilman Bay moved to waive the 72-hour posting provisions of the Brown Act in order to vote on the motion on the floor. Councilman Pickler asked the City Attorney how many votes were necessary to waive the Brown Act provisions; City Attorney White answered that relative to the waiver, it was necessary to have four votes. Councilwoman Kaywood stated the last Planning Co~missiou meeting was yesterday and the next meeting will be in two weeks. If the issue is postponed for one week there would still be time for action before the next Planning Com~ission meeting. Councilman Bay withdrew his motion to waive the Brown Act provisions and moved that the motion offered by Councilman Hunter to remove Charlene La Claire from the Planning Commission be continued for one week and placed on the agenda at that time with whatever information is desired from the City Attorney. Mayor Bay continued that a Conflict of Interest occurs, in his opinion, when somebody does vote on something when they have taken over $2~0. If a mamber of a Commission has accepted over $250 in political contributions and they 500 City Hall~ Anaheim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. declare that conflict and then abstain from voting, then they are not "committing" a conflict. The argument is that if there are any developers involved under that $250 provision, then it would impair Mrs. La Claire's function only that she could not vote and would not be able to vote on those important issues. Further discussion followed between Councilman Hunter and Pickler at the conclusion of which Councilman Bay repeated his motion that the motion offered by Councilman Hunter be placed on the agenda next week. Councilman Pickler voted no. MOTION CAR/tIED. ITEMS OF PUBLIC INTEREST: Mr. Patel, 450 South Loafs Street, Anaheim Ca. 92802. (1) The children around his residence are going out of their way and damaging his property. They dump stolen property in his yard. The problem has been ongoing for the last two years. He has written letters to the Mayor and the Chief of Police. Every police officer in the City knows the problem and nothing has been done. Because of skateboards and bicycles crossing his property from one corner to the other, his lawn is damaged and his trees are broken; (2) He is unable to get an appointment with the City Attorney or City Manager. Government should listen to the people. In his opinion, staff is rude. He would like the Council to look into the matter. Walter Bormann, 2704 West Ball Road. He proposed that there be an ordinance or c?mnge in the Charter to eliminate what the City Just went through with a Special Election. If someone is going to run for another office while still a Council Member and a new office will commence prior to the expiration of the Council term, that person should then resign. RECESS: By general consent, the Council recessed for ten minutes. (3:18 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:29 p.m.) ITEMS OF PUBLIC INTEREST: Tim Wilbert, 1009 South Harbor Blvd., Orange Grove Mobile Home Village. A Mr. Doer took ownership of the park and began reconstruction. He raised roads and left mobile homes ten inches below the road level. He removed all the trees and the facilities which were located in front of his (Wilbert's) home. The value of his mobile ho~e has now decreased. The same owners own several parks in Orange County and are doing the same thing - putting in curbs and streets and taking out parking. He is a member of the Homeowners Alliance for Fairness. Building inspectors have been out to the park and say there is nothing wrong. He has had the Fire Department come out and inspect the roads. They said the park is in violation of the legal width of roads. Everybody in Building, Planning, Zoning, Traffic and the Fire Department are all aware of what is going on in the park but nobody seems to want to enforce the things that are going on. He wants the Council to be aware of the situation and to help and assist anyway they can. 501 200 City Hall~ A-~beim, California - COUNCIL MINUTES - June 9~ 1987~ 1=30 P.M. 179: PUBLIC h'~ARING - CONDITIONAL USE PF~MIT NO. 2904 AND NEGATIVE DECLARATION: APPLICANT: ~hristos Panagiotis and Tassoula Teachpinis, (Christo's) 156 Calle Diaz Anaheim, Ca. 92801 REQUEST/ZONING/LOCATION: To permit a drive-thru addition to an existing restaurant on CL zoned property locate at 2790 West Lincoln Avenue, with Code waivers of minimum number of parkin~ spaces and required landscaped setback. PLANNING COMMISSION ACTION: Resolution No. PC87-88 granted Conditional Use Permit No. 2904; approved EIR - Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of May 5, 1987. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim BulletinMay 28, 1987. Posting of property May 29, 1987. Mailing to property owners within 300 feet - May 29, 1987. APPLICANT'S STATEMENT: Chris Tsachpinis was present to answer questions. COUNCIL CONCERNS: Councilwoman Kaywood. According to the plan, the pickup window would be on the passenger side. She wanted to know if that had been done anywhere. She also wanted to know how many cars could be stacked in the lane proposed. Paul Singer, Traffic Engineer. To have the window on the passenger side is unusual but he does not know whether or not it has ever been done before. Relative to the stacking, the lane for stacking is a legal one, 100 feet to the order window and 60 feet for queuing. It is adjacent to the sidewalk, curves around the building and into the driveway area. There are two-way driveways subject to relocati~ some of the curbs as outlined tn the conditions. There ts room to do what the applicant is requesting. In this instance, there is an additional aisle and although it is a parking aisle, it could be an extension to the drive-thru lane should there be a backup at the window. Annika Santalahti, Zoning Administrator. One of the waivers is a 3-foot landscape setback. The Commission's approval required construction of a 12-inch curbing potentially between the sidewalk and the lane subject to approval of the Traffic Engineer to try to make sure someone does not Jump the 6-inch curb. 502 201 City Hall~ Anaheimt California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. PUBLIC DISCUSSION: Tim Wilbert. He is present on another issue but he does not think it is very safe or healthy to have to slide over on the front seat to pick up an order. COUNCIL ACTION: Nayor Bay closed the public hearing. ENVIRONFd~NTAL IP, PACT REPORT - NF~ATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any couments received during the public review process, and further finding on the basis of the initial study and any coments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Councilman Pickler offered Resolution No. 87R-236 for adoption, granting Conditional Use Permit No. 2904, subject to City Planning Comission conditions. Refer to Resolution Book. RESOLUTION NO. 87R-236: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PF~R~LIT NO. 2904. Roll ~all Vote: AYES: COUNCIL MEMBERS: Ehrl~, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 87R-236 duly passed and adopted. 106: DEPARTMENTAL RESOURCE ALLOCATION PLAN WORKSHOPS - 1987/88 - 1988/89: The following Department Heads then supplemented the budget video presentation presented at the mornin~ session by giving a brief overview of their Department's accomplishments over the past year, their plans and goals for the coming year(s) and/or an explanation relative to their proposed budget requirements for 1987/89 as well as addressing policy issues if applicable: ~it~ Engineer/ Gar~ E. J.ohnson - Public Works/En~lneerin~ Department: (RAP Pages 36 and 37 - Page 20-36, CIP - operating budget total 1987/88~ 55~391,827 - total Capital Improvements, 524,461,075 - budget total 1987/88, 529,852,902 - operating budget total 1988/89, 55,612,826 - total Capital Improvements, 513,011,000 - budget total 1988/89, 518,623,826). Issue: The City Manager explained it was necessary for the Council to address transportation improve~ents to alleviate current and future traffic problems. They are becoming very costly to implement since funds from traditional sources are being reduced or eliminated. If the funding problem is not addressed, traffic congestion is going to hinder Anaheim's thriving business economy and 503 202 City Hall~ Anaheim~ California - COUNCIL ~L~NUTES - June 9~ 1987~ 1:30 P.M. tranquil residential areas. He recommends that the Council undertake a local revenue enhancement for transportation improvement study which is estimated to cost approximately $30,000. Funds have not been included in the 1987/89 RAP but if Council wishes to move in this direction, that would be the recommendation. Gary Johnson, City Engineer. Relative to the policy issue, expenditures in the next two years are $1.8 and $2.2 million. In order to maintain a status quo, it will be necessary to spend approxi~ately $2.8 million dollars Just to stay in the same place. If there is to be a gain, it will be necessary to spend at a level of $3.2 million annually. That would allow the City to overcome the current deficiency within a 20-year time frame. He requests that the Council seriously consider looking at some options to develop local revenue sources to assist in this area. As the City Nanager mentioned, a study would cost approximately $30,000 to look at such things as developer fees or sale of bonds and all other areas that would be possibilities. Director of Parks~ Recreation and Community Services~ Chris Jarvi - Parks, Recreation and Community Services Department: (RAP Pages 38 and 41, Pages 37 and 46, CIP - operating budget total 1987/88, $10,731,903 - total Capital Improvements, $1,563,545 - budget total $12,295,448 - operating budget total 1988/89, $11,360,741 - total Capital Improvements, $1,039,926 - total budget $12,397,366). Issues: To be discussed further at the next meeting with the presentation of the Public Safety Package, one is the increased community concern regarding crime in parks. It is proposed that the Park Ranger Program be expanded which along with increased security and lighting improvement projects have proven to be a successful deterrent to vandalism and crime in the City's parks. Also to be recommended is an effort to reduce youth crime through a comprehensive youth crime reduction project. Chris Jarvi~ Director of Parks~ Recreation and Community Services. He confirmed that now there are eight park rangers on four patrols seven days a week. The proposal is not to add more but to continue the existing program which was puc in place as a response to a c0uuntty request and funded with C0uncil ¢ontingenc~ Funds. If there was going to be an ongoint program, there was a need to have the program added permanently. General Hana~er, Lynn Thompson - Convention Center: (RAP Pages ~2 and 43, Pages 47 and 48, CIP - operating budget total 1987/88, $20,012,099 - total Capital Improvements, $145,000 - budget total $20,157,089 - operating budget total 1988/89, $20,§62,912 - total Capital Improvements, $160,000 - total budget, $20,722,9~2)o Issue: Expansion through Betterment III and refurbishment and renovation of existing property and establishing prudent reserves in order not to have to increase room tax to pay for those in the future. Room tax increase proposed from 8~ to 10~. 504 203 City Hall, Anaheim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. General Manager, Bill Turner - Anaheim Stadium: (RAP Pages 44-46, Pages 49 and 50, CIP - operating budget total 1987/88, $21,885,916 - total Capital Improvements, 5721,000 - budget total 522,406,916 - operating budget total 1988/89, 522,558,400 - total Capital Improvements, $120,000 - total budget 522,678,400). Issue: Long-ter~ refurbishment requirements a~d setting up appropriate reserves - funding the expansion of small convention capability, using existing square footage. Councilman Pickler. He asked the status of the repairs that are necessary to the Stadium parking lot. Mr. Bill Turner, General Manager. They are continuing to do minimum repair but the lot needs to be completely refurbished and restriped. As a result of a study that was done, refurbishment and restriping must be done prior to another year's use or major refurbishment will be necessary. There are also plans set for replacement of parking lot lighting. Golf Operations Mana~er~ Don Marshal - Golf: (RAP Page 47, Pages 51 CIP - operating budget total 1987/88, $3,740,836 - total Capital Improvements, 51,200,000 - budget total 54,274,836 - operating budget total 1988/89, $3,225,834 - total Capital Improvements, 51,400,000 - total budget $4,625,834). Director of Maintenance~ John Roche - Facilit~ Maintenance: (RAP Page 48 to 5i CIP - operating budget total 1987/88, $34,74N,713). There are two adjustments (1987/88) - for the current year, an additional 5233,000 is required for new vehicles approved during budget review. There are adequate funds available and reserves but it will increase the total request. An additional $175,000 in new furniture and office equipment is also needed which again would come from available reserves changing the request to a new total adjusted request of $35,157,713. Operating budget total 1988/89, 535,515,564. Public Utilities General Mana~er~ Gordon Hoyt - Public Utilities Department: (RAP Page 52 through 57, Pages 52 through 69 CIP - operating budget total 1987/88, $206,931,967 - total Capital Improvements, $32,259,0§7 - budget total $239,191,§4Z - 0peratl~ budget total 1988/89, $217,948,152 - total Capital Improvements, 526,052,543 - total budget $244,006,695). A narrated slide presentation was presented on Department expenditures showing a summary by category. Councilman Pickler. He asked if the new State Regulations relative to contaminants in the water were going to affect the City's cost. Darrell Ament, Assistant General Manager, Management Services. The bills could have an impact requiring more stringent treatment at Walnut Canyon and other facilities and it could increase the cost but staff has not looked at the specific cost increase. During the 505 City ~all, Anaheim~ California - COUNCIL HINUTES - June 9~ 1987~ 1:30 P.M. 5-year planning period, staff has not planned on any substantial expenditures and does not anticipate any at this time. Councilwoman Ka~ood. She asked the possibility of delaying the proposed Water Bond Issue until the June, 1988 Election date; Mr. Hoyt answered it would be too late for the program they have. They are anticipating there will be more than one issue for a November, 1987 Election and thus could consolidate the Election with the County. City Clerk Sohl announced that portions could be consolidated but there was also the option that the other portion could be perfoz~ed by the County Registrar of Voters Office as lone as the City is willlnt to pay for that service. Mayor Bay. In looking at an Exhibit issued a couple of years ago showing debt service for the Intermountain Power Project (IPP), looking at the principle and interest totals on the debt service, in 1986 it is $23 million; 1987, $62 allllon 1988; $89 ~lllion, etc. He asked Mr. Hoyt if he saw any major impact on electric rates in the City between this year and the year debt service costs increase to $100 million a year by 1990. Public Utilities General Manager, Gordon Hoyt. There will be a major impact on rates because of the project itself. The debt service is one part of it. If the figures Hayor Bay was referring to were from a couple of years ago, they are too high. In the meantime, a great deal of it has been refunded and the Otilities are still doing that. It is a difficult question to answer right now. There is quite a bit of money left over from the project which is in the construction fund right now and the project is trying to deal with the most efficient way of handling that. It is anticipated in the next few weeks more clear direction will be forthcoming. It is an embarrassment of riches, in a sense, available to the parties and they are trying to decide how best to use it. He does not see any adverse impact on rates. City Manazer, Willia~ O. Talley - Administration: (RAP Page 59 through 61 CIP - operating budget total 1987/88, $2,898,158 - operating budget total 1988/89, ~2s935,354); Assistant City Manager Ron Bates presented the Administration budget. City Attorneyt Jack White - City Attorney's Office: (RAP Page 62 - operating budget total 1987/88, 33,288,440 - operating budget total 1988/89, $2,864,458). City Clerk, Leonora N. Sohl - City Clerk's Office: (RAP Page 63 - operating budget total 1987/88, $~09,300 - operating budget total 1988/89, $455,623). City Treasurer~ Mary Turner - City Treasurer's Office: (~tP Page 64 - operating budget total 1987/88, $1,219,853 - operating budget total 1988/89, $1,264,061). 506 205 City Hall, Anaheim~ California - COUNCIL MINUTES - June 9~ 1987~ 1:30 P.M. City Manager Talley announced that concluded the scheduled Departmental Budget for this meeting. 139: SB622 - ORANGE COUNTY UNIFIED TRANSPORTATION COST: City Manager Talley referred to the document he submitted to the Council earlier relative to the subject if the Council wished to discuss it at this time or wait until the League of Cities meeting Thursday evening. Council might wish to determine its position on the issue. Mayor Bay suggested that the Council consider the issue between now and Thursday and decide how they were going to vote at the League meeting. Councilman Pickler stated he did not know if there was going to be a vote on Thursday. As he understood, the bill has already passed the Senate and it was going to Committee and the Assembly. City Manager Talley explained for Councilwoman Kaywood that the bill has three provisions - to delete a sunset provision that does not occur until January 1, 1989. Secondly, it authorizes the 0CTC and the Transportation District to be able to receive OCUTT Funding which he has no problem with. Lastly, it removes the restriction that substantially equal portions of the interest earnings be divided between maintenance of local streets and highways and State highway projects. He then briefed additional information contained in the document previously submitted. The City Managers believe that county agencies as a policy should not try to obtain funds from existing city resources because the cities are also short of funds. The Managers did not want a situation to occur whereby the Commission could vote to have the funds go somewhere without individual cities being able to control it directly. No further action was taken by the Council. RECESS - CLOSED SESSION: By general consent the Council recessed into Closed Session. (5:30 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (6:00 p.m.) ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kay~ood second the motion. MOTION CARP. lED. (6:01 p.m.) LEONORA N. SOHL, CITY CLF2X 507