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1997/06/10ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES JUNE 10, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Tom Tait, Bob Zemel, Lou Lopez COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau POLICE CHIEF: Randall Gaston FIRE CHIEF: Jeff Bowman PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan ASSISTANT GENERAL MANAGER ELECTRICAL SERVICES: Dale Tarkington PLANNING DIRECTOR: Joel Fick CODE ENFORCEMENT MANAGER: John Poole CIVIL ENGINEER - DEVELOPMENT SERVICES: Natalie Meeks A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:35 p.m. on June 6, 1997 at the City Hall Kiosk, containing all items as shown herein. Mayor Daly called the regular meeting of June 10, 1997 to order (3:30 P.M.). The first portion of the meeting will be a continuation of the Public Hearing/Departmental Budget presentations on the 1997/98 Fiscal Year City Budget. (See minutes of the Adjourned Regular Meeting of June 3, 1997 (held June 10, 1997) which started at 2:00 P.M.). 106: CONTINUATION - PUBLIC HEARING ON THE CITY BUDGET: To consider the proposed 1997/98 City Budget Plan and continuation of the Departmental Budget presentations. FISCAL YEAR 1997/98 DEPARTMENTAL BUDGET WORKSHOP (CONTINUATION): The following Department Heads gave an overview of their department's proposed budget, explaining their plans and objectives for the coming year and accomplishments in the past fiscal year. Questions were also posed by Council Members which were answered by the Department Head: (The presentations were supplemented by slides.) Randall Gaston, Chief of Police - Police Department - Budget Document Pages 62-65. During his presentation, he noted that the 1996 crime statistics continue to demonstrate a decline in Part I offenses (thefts to homicide) with a decrease of 24%. They have also moved to the lowest number of violent crimes per 100,000 population of the 10 largest cities in California. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Jeff Bowman, Fire Chief - Fire Department Budget Document Pages 54-55. Chief Bowman's presentation was supplemented by slides. A booklet was also submitted which contained the slides in hard copy. See booklet entitled, Anaheim Fire Class "1" City - made a part of the record.) Ed Aghjayan, Public Utilties General Manager- Public Utilities Department - Budget Document Pages 66-69. During his presentation, he pointed out Anaheim's Utilities still maintain a very competitive residential bill averaging about 25% less than surrounding communities. Commercial is also 5 to 15% below. City Manager, James Ruth. This concludes the Departmental scheduled presentations and the Budget Hearing. Mayor Daly. He invited those who wished to speak on the budget to do so at this time noting that there will be another opportunity at the 5:00 P.M. portion of the Council Meeting. Jeff Kirsch, 2661 W. Palais, Anaheim. He noted that the amount budgeted in City Administration for Audit is going down even though there are more economic expenditures and more program growth in so many different areas. The other questions relate to Public Works, i.e., the deficit in arterial road and highway maintenance. He believes over the past few years that has been running in the neighborhood of $40-$50 million. He wanted to know if they found the money for that deficit or has attention been directed away from the deficit. Dave Morgan, Assistant City Manager. On the Audit question, as he mentioned in his presentation last week, the decrease is a direct result of a cecrease in the number of billable hours., i.e., fewer administrative overhead hours. It does not reflect a reduction in Audit time, but an increase in productivity. Tom Wood, Deputy City Manager. Relative to the deficiency in street maintenance, there continues to be a deficiency; however, they are attempting to maintain the level from where they were in previous years. They are making substantial improvements in the Resort Area and are making progress on some of the major arterials. As with most cities, there is a continuing deficiency. As additional funds come in, there will be an opportunity to work away at that deficiency. MOTION. Mayor Daly moved to continue the Public Hearing on the City Budget to the 5:00 P.M. portion of the Council Meeting. Council Member Tait seconded the motion. MOTION CARRIED. (4:22 p.m.) REQUEST FOR CLOSED SESSION: City Attorney, Jack White. There is the need to add one item to the Closed Session Agenda - Martinez vs. City of Anaheim - Orange County Superior Court Case 75-28-49. It will be necessary for the Council to act on this item today. The trial was held and the City received the results of the first stage of the trial late Friday afternoon (6/6/97). A Settlement Conference is scheduled for Friday, June 13, 1997; therefore, some direction from Council is needed today. He recommended that the item be added to the Council Agenda. MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act addding Item No. 6 (below) to the Closed Session Agenda today. Council Member Tait seconded the motion. MOTION CARRIED. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Close Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: AFA, AMEA, Local #1877, IBEW, APA, Local #952, represented employees. and non- CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Delmonico, et al. v. City of Anaheim, et al. (and 18 related cases) Orange County Superior Court Case No. 70-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Richter Farms and Richter Farms Trust dba Rancho La Paz v. City of Anaheim, et al., Orange County Superior Court Case No. 77-63-35. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Hicks v. City of Anaheim, et al., Orange County Superior Court Case No. 76-43- 60. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Nolan v. City of Anaheim, et al., Orange County Superior Court Case No. 74-72- 63. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Existing Litigation: Name of case: Martinez v. City of Anaheim, et al., Orange County Superior Court Case No. 75- 28-49. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (4:23 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:28 p.m.) ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 INVOCATION: Pastor Gregory Tucker, First Church of the Nazarene, gave the invocation. FLAG SALUTE: Mayor Pro Tem Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - CHECK FROM SPECTRANET INTERNATIONAL FOR USE OF CITY'S FIBER OPTIC INFRASTRUCTURE: Mr. Ed Aghjayan, Public Utilities General Manager introduced Mr. Renney Senn, President of SpectraNet who will subsequently present a check to the Mayor and City Council. This is the first of four annual payments for use of the City's fiber loop. Mr. Renney E. Senn, President, SpectraNet then presented a facsimile check to the Mayor in the amount of $113,861.62; Mayor Daly, accompanied by the Council Members, accepted the check on behalf of the City and thanked Mr. Senn and SpectraNet. Mr. Aghjayan then gave additional information relative to the presentation reiterating that the check represents a quarterly payment for the use of the City's fiber loop. In addition, the City will share in a percentage of gross and net revenues. Gross revenues after two years will not be less than payments of $1 million per year. Mr. Senn. He stated they are very pleased as a company and as a family to be able to share the tangible assets of something they have been working on with the City for the last three years. It is just the beginning; full startup will begin July 15, 1997. That is when the first customer will be going on line. All of the people in attendance at the Council meeting as well as all those outside (in the rest of the City) will be beneficiaries of the program. What is taking place will be beneficial to the lives of all in many ways. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: DECLARATION recognizing Knowlwood on their 40th Anniversary. PROCLAMATION recognizing the Mighty Ducks Hockey Team for their outstanding achievements in the 1996/97 season. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,383,862.12 for the period ending June 6, 1997, in accordance with the 1997-98 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:38 p.m.) ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Mayor Daly reconvened the City Council Meeting ( 5:39 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. Mayor Daly. A Public Hearing was held last week and also this week on the 1997/98 City Budget. (See the Adjourned Regular Meeting of June 3, 1997 held June 10, 1997 at 2:00 P.M.). The agenda also indicates that there will be a Public Hearing on the budget tonight. City Attorney White. Under the requirements of the City Charter, the Council has the discretion to complete the Public Hearing process this evening. It is not necessary to have additional hearings after this evening. Mayor Daly. The Public Hearing on the proposed City budget is reconvened at this time. If there are any comments, this would be the time to make them as well as the time to comment on any other agenda item (under the A. and/or B. portion) or anything else under the jurisdiction of the City Council. (Input on the City Budget was received at this time along with items of public interest. See below.) ITEMS OF PUBLIC INTEREST: Ruth Ramirez, 115 1/2 S. Walnut, Anaheim. For almost three years, she has gathered animals in her back yard. Recently, she received a notice from Code Enforcement saying that she was violating several codes. (She submitted pictures to the Council showing the animals.) She would like to get a permit to keep them. They have a good affect on the neighborhood. She has chickens that produce eggs which she gives to the homeless and to neighbors as well as a dairy goat who was getting loud and she found a new home for it. With the rest of her animals, it would be the slaughter house if she could not keep them. Answering Council Member Lopez, she believes that somebody did complain since she has a conflict with a neighor across the street. Mayor Daly asked that staff outline the usual procedure for the permit that Mrs. Rodriguez mentioned and the usual procedure to be followed. City Attorney White. He is not familiar with this matter at all. By ordinance, the City limits the number and types of animals that can be kept which is contained in the zoning code. If he's correct, it would require a Variance which would go to the Planning Commission or the Zoning Administrator. Mayor Daly. The main thing for Mrs. Rodriguez to understand is that there is a procedure available to her and a permit that can be applied for. Mrs. Rodriguez. As she understands, she could apply for a Variance which would cost $1,000. She is living on Social Security because of a disability and is unable to apply for a Variance. She knows if the City went door to door to ask the neighbors about her animals, they would favor her keeping them. John Poole, Code Enforcement Manager. He confirmed there was at least one complaint. There is also a Variance procedure and staff has worked with Mrs. Rodriguez to get her to obtain an application. As she explained, she does not have the financial ability to do so. With that many animals on that small a piece of property, there are going to be problems. Answering Council Member Lopez, he assured him that staff would continue to work with Mrs. Rodriguez regarding what animals she can or cannot have and the number allowed. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Ruth Pritchard, 757 N. West Street, Anaheim. She read a letter which she had previously sent to the Council stating that she (and her husband) are owners of the property which Mrs. Rodriguez rents. They received a letter from Code Enforcement stating there was a violation of City Code. Mrs. Rodriguez and her son have rented the property since September of 1994 and are excellent tenants. No complaints have been received regarding her animals. As property owners, they have no objection to her keeping animals since they do not adversely impact anyone. If all appeals have been exhausted, they will comply with whatever decision the Council makes. In closing, she stated that Mrs. Rodriguez is an excellent tenant. Her brother (Mrs. Pritchard's) lives in the front house. The animals provide a great deal of pleasure for everyone as well as the children in the neighborhood. The animals are no trouble whatsoever. Jeff Nichols, Real Estate Manager for Home Depot. He wants to express their gratitude to City staff in Planning and Redevelopment for their diligence in getting their project to the point it is at. (Relocation of Home Depot store from Lincoln Avenue to the Brookhurst/Crescent location.) He also thanked the Council and the Redevelopment Agency for assisting them when they opened their store on Lincoln which they feel was a positive payback for the City. It is a great relationship and they look forward to the same in the future. Council Member Zemel. He thanked Mr. Nichols for being present tonight. It is an opportunity to make him aware of the conversation that took place at the Council Meeting of June 3, 1997 (see minutes of Public Hearing, Item DI., June 3, 1997) when he (Nichols) was unable to be present. The City's relationship with Home Depot in the past has been excellent except in dealing with the day-laborer situation around the existing Home Depot site on Lincoln. Last week, strong language was made a part of the conditions of approval of the new project in order to get the project approved. In the past, Home Depot management has not put forward their best efforts on the subject. He is hoping that they will now take the language seriously. He then elaborated more on the discussion that took place at last week's Public Hearing. Jeff Nichols, answering Council Member Zemel, stated that has been made clear in private meetings and suggestions were made that found their way into conditions of approval. Home Depot recognizes it as a problem for the company, their customers, and the cities. There have been meetings with Council Member McCracken and John Poole so that there is some communication beyond just the store manager. If the City is not getting a response from the store manager, he is trying to give them another avenue for relief. He reiterated, it is as important to Home Depot not to have that (day laborer) situation occur. It is a social problem in all of southern California at this time. CITY BUDGET INPUT: Mary Hibbard. She is present tonight as Chairperson of the Anaheim Human Services Network and to speak about Community Services Agencies funding. In 1984, several Anaheim Social Services Agencies met to compile lists of people given assistance during the holidays and discovered that most of the families had been serviced by each agency resulting in a duplication of services and resources. Under Steve Swaim, the City's Community Services Superintendent, these agencies were called together to see if a network could be established to coordinate assistance to people in need, and out of this came the Anaheim Human Services Network. Currently, there are 65 entities who meet monthly to coordinate efforts to meet the needs of the people in Anaheim. Thus, their financial resources are used wisely and more people are served. Ninety-five percent of the agencies belong to the network. They are based in and serve clients in Anaheim. Monitoring of the agencies is of the highest quality by the Community Services Board. She is letting the Council know that the network is alive and well and is spending the dollars allocated most wisely for human service needs within the City of Anaheim. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 June Lowry, 5239 E. Glen Arbor, Anaheim. She is present to talk about the budget and especially the section under the Community Services Department, the non-profit agencies. They know that the City is trying to hold the line this year with no new services. In that area of the budget, less money has been allocated this year than the last several with no new services. Of the agencies funded last year, 10 were cut this year and seven were not funded at all. The balance of her presentation emphasized the great need that still exists for the funding especially due to reforms that have taken place at the Federal and State level which hits non-profits to a greater degree. At the conclusion of her persentation, she encouraged the Council to rethink this part of the budget again with the possibiity of increasing the allocation. Bruce Solari, 1355 Empire, Anaheim. Profound changes have been taking place in Anaheim and Orange County especially in the area of social services needs. He is encouraging the Council and staff to develop an ongoing and early dialogue about how to address those needs so they are not discussed after the budget is formulated but while it is being developed. It will make a big difference and he encouraged their support. Gene Brewer, Chair, Budget Advisory Commission (see report dated May 21, 1997 to the City Council from the Budget Advisory Commission (BAC) giving comments and recommendations regarding the City's proposed 1997/98 City Budget - made a part of the record.) He is appearing before the Council for a second year. He referred to the evaluation by the BAC of the 1997/98 Budget which was included in the Council packet. The past financial management of the City and the substantial improvement in the economic climate of the State makes 97/98 the second successive balanced budget for Anaheim. The plan to accomplish this fact was constructed in the dark years of 1991-92. The overall assessment of the intervening years is that it was a good plan and good work on the part of everyone to implement it. Congratulations are in order for the City Manager, the present Council and prior City Councils, senior City staff and the BAC. Their overview document was submitted to the Council on May 21 and the Commission approved that document by a 5-0-0 vote. The proposed budget for 1997/95 and 1995/99 carries many implicit assumptions about the economic activity within the City and that is the thing the Commission focuses on. They are not responsible for spending the money, but responsible for telling the Council if the City is going to spend more than it takes in. The Council/staff must pay close attention to the income results in the next four to five years and be prepared to modify plans if required. The single largest revenue stream is the Transient Occupancy Tax (TOT). What they may have to face or prepare for is the possibility of an overestimation in the income the City will get in TOT and sales tax. The consequences of all the construction activity that is going to take place over the next 5 years (Disney expansion, Anaheim Resort Area, Convention Center Explansion, I-5 widening, etc.), may not make it the happiest place in the world to visit. In closing, Mr. Brewer stated this will be his final appearance before the Council as a member of the BAC. He has elected not to seek reappointment at the end of his term in 20 days due to his conviction that he needs to reduce his Commission and Board of Director acitivities and to "fade into the background". He thanked the Council for their input, friendship and service to the community during the past five years. Mayor Daly. They are sorry to hear this will be the last time Mr. Brewer will be speaking on behalf of the Commission. He thanked him for all the volunteer time and effort he has put forth as a member and Chairman of the Commission. Jeff Kirsch. Relative to Budget Item A26.-M, rather than giving blanket permission for lower rent negotiation, perhaps it is better to establish a policy under which the entities could negotiate a lower rent, volume usage or some other means for discounting rates. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Frank Feldhaus, 612 S. Harbor Blvd., Anaheim. He announced that on Flag Day, Saturday, June 14, 1997, an event will take place in front of the Disney Ice Rink in downtown Anaheim starting at 10:00 a.m. The program will honor the American Flag - "Old Glory". Also, $0 historical flags will be displayed. He reported on the events that will take place and urged everyone to attend this patriotic tribute. (Flyers and mini American flags were given to the Council Members.) PUBLIC COMMENTS - AGENDA ITEMS: Public input was also received on Item A5, A6, A13 and A18 (see discussion under those items). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of June 10, 1997. Council Member Lopez seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolutions No. 97R-79, for adoption. Refer to Resolution Book. Al. A2. A3. A4. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Vermont Plaza Apartments for property damage sustained purportedly due to actions of the City on or about March 6, 1997. b. Claim submitted by Sarah Lilly c/o Christopher J. Hennes, Esq. for bodily injury sustained purportedly due to actions of the City on or about January 4, 1997. c. Claim submitted by Terry R. Doan c/o Sunkist Station for property damage sustained purportedly due to actions of the City on or about April 10, 1997. 167: Awarding a contract to the lowest responsible bidder, Pro Tech Electric, in the amount of $35,595 for Tustin Avenue Traffic Signal Coordination from Orangethorpe Avenue to Lincoln Avenue; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 124: Awarding a contract to the lowest responsible bidder, SME Steel Contracting, in the amount of $3,082,900 for Anaheim Convention Center Enhancement Project - Step 1 - Structural Steel; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow and second Iow bidders. 160: Accepting the Iow bid of Trend Offset Printing Services, Inc., in the not to exceed amount of $113,872 for printing four issues of the Anaheim Magazine, in accordance with Bid #5678. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 A5. 123: Accepting the Bid Proposal and authorizing the Utilities Department General Manager to execute an Agreement with Advanced Control Systems, in an amount not to exceed $2,705,104 for a Supervisory Control and Data Acquisition (SCADA) system, in accordance with Bid Proposal #5667. Bruce Congalton, Western Region Manager, Mitsubishi Electric Power Products, El Monte, an international company representing Mitsubishi Electronic Company of Japan. They have extensive experience with SCADA Systems around the world, but at this time have no systems in the United States. (Also see documents submitted under cover entitled "Protest by Mitsubishi Electric of the Award of Contract - 5667 SCADA System to Advanced Control Systems dated June 10, 1997 submitted by Bruce Congalton - made a part of the record). They brought many of their top managers from Japan to meet with City staff in about five separate meetings from September through February. They believe that having seen the evaluation summary that there was some error or perhaps not a complete understanding of the proposals. He referred to the handout submitted noting that page two contained a summary of the evaluation done by the City's evaluation team. Mitsubishi came in second place in the evaluation. He would like to point out three areas where there was not sufficient information to make a correct evaluation of the proposals. Mayor Daly interjected and asked that Mr. Congalton just review the highlights since they had a copy of the data submitted before them. Mr. Congalton continued and referred to the letter from their Accountant (which was a part of the submittal) to show that the evaluation by ratios is not justified nor does it reflect the size of the corporation. Further, the contract the City has been asked to approve requires progress payments whereas Mitsubishi's terms are net 30 days after delivery of the completed project. The second area is relative to support. Mitsubishi not having a SCADA System in the United States right now could only make commitments about what they would do. Prior to any award, they established an organization to control software in their Boston based Horizon Corporation. They also established the Mitsubishi Automation Company in Cypress to handle the overview of the support. They have offices across the country. Finally, they established an experienced state-of-the art SCADA Engineer to be based in Cypress to handle all the City's needs. Mayor Daly asked if he had a chance to talk about this with the City Manager's Office; Mr. Congalton answered, no. There has been an exchange of letters through the Purchasing Department. City Manager Ruth. The problem was brought to their attention today. Staff and the City Manager's Office checked with the Public Utilities Department and talked to the Public Utilities General Manager, the Assistant General Manager, Dale Tarkington, and also Purchasing. They felt the process the City went through was a more than adequate one and the recommendation before the Council is one staff can support. Mr. Tarkington who was involved in the process which was a sealed competitive bid is present to address specific concerns and recommendations. Mayor Daly. What they are looking for is his (Ruth's) verification that the process has been fair and accurate; Council Member Zemel. He asked for confirmation that the City Manager supports the staff recommendation. City Manager Ruth. He answered yes, based on discussions with Utilities today. He felt they had done their due diligence and based on the review process and specifications, that the bid before the Council today is a strong recommendation. Mayor Daly asked Mr. Congalton to sum up. ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Bruce Congalton. In the area of technology, Mitsubishi should not be considered second to anyone. They submit a bid completely without exception with no proprietary components. Yet the evaluation they were given states that they have proprietary components which they believe is one of the factors that rated them lower. Because there was no face-to-face meetings between at least the lowest one or two bidders, the evaluating team did not completely understand the nature of the proposal that was offered. It is their request that the recommendation be sent back for reconsideration with the possibility of having those face-to-face meetings. Mr. Dale Tarkington, Public Utilities Assistant General Manager, Electric Services explained for Council Member Tait the evaluation procedure that was used. At the conclusion, Mayor Daly stated he has some concern about the financial rankings but this is the first he has had a chance to hear the interchange. He believes he may recommend a continuance as they get into the agenda so staff can confirm all rankings are accurate. Council Member Zemel. In 2 1/2 years, he does not believe that anything has been taken off the consent calendar for the purpose of looking at the No. 2 bidder. He is not sure they should start doing so now. City Manager Ruth. On a couple of occasions, people have protested and presented their case. In both cases, the Council supported staff's recommendation. Mayor Daly. In his recollection, there has been a little bit of everything. In this case, Mitsubishi has not talked to City staff beyond the Purchasing Department. He feels it might be helpful if they could do so. He does not feel there is sufficient information to make a decision. He needs more information from staff. He does not see the basis for the rankings. They probably need an explanation why financial strength is relevant and how relevant to this purchase. Council Member Tait. He will support a continuance until the Mayor feels comfortable with his decision, but feels they are getting into a dangerous precedent if they start second-guessing the evaluation process by staff. He believes they should only be concerned whether the process was fair and not whether they agree or disagree with one individual's vote. Ed Aghjayan, Public Utilities General Manager. There is no way the staff could review a panel's review in that fashion. Each member of the panel looks at the information presented. They have to make their case in the bid. If the panel member does not agree, each panel member will record a vote or a score. It is not possible to go back and review each panel member's vote. The big issue is service. They do not have the service backup. That is where the big score difference is. To have a bidder come in and say they can do a better job may be true, but his view is staff cannot go back and question each member of a panel which may be as large as eight people and say, please review the bid. The best encouragement he can give to somebody starting off new in the business is to bid Iow enough. The bid difference is less than 5% so that the other factors such as service and availability outweigh the difference in the bid. He is concerned about having staff go back and revisit this because he does not know how they can look at it any differently. After additional discussion and questions between Council Member Zemel, Mr. Aghjayan and Mayor Daly, a Mr. David Moore also requested to speak. David Moore, Vice President of Operations, Advance Control Systems, the company that was recommended. He would like to address the issues of concern brought forward. Mayor Daly. He interjected and asked if City staff was aware that bidders No. 1 and No. 2 were going to be coming to the Council meeting; Mr. Aghjayan answered that he was not aware of that. Mayor Daly reminded Mr. Moore that his company was recommended to be awarded the contract. 10 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Mr. Moore continued and gave background on his company which has been in the business for 22 years. They have a dedicated customer support function and a very strong presence on the West Coast. ACS has been ranked No. 1 in the industry by market research as brought out in a Newton-Evans report. It was at this point that Mr. Moore had to be assisted out of the Council Chamber as a result of an apparent medical problem which precluded him from continuing his presentation. RECESS: Mayor Daly moved to recess for five minutes. Council Member Lopez seconded the motion. MOTION CARRIED. (6:35 p.m.) AFTER RECESS: The Mayor called the meeting to order all Council Members being present. (7:00 p.m.) Jeff Kirsch, 2661 W. Palais, Anaheim. Since questions have been raised, (on Item A5.) he feels they should take another look at the procedure to further determine the rationale used by the panel. At the conclusion of the Consent Calendar, this item was approved along with all of the items contained in the Consent Calendar (Items Al - A25 except Item A13 which was continued one week and Items A18 and A22 which are to be considered after the Budget items). A6. 123: Accepting the bid of APS, Affiliates, and authorizing the execution of an Agreement for providing debit card copier services for public use at the City libraries for a period of three years, with options to renew for an additional three one year periods, beginning July 1, 1997. Jeff Kirsch, 2661 W. Palais, Anaheim. Regarding the debit card system for the Library copy system, it was mentioned that prices were going to be increased from 10 cents to 15 cents. It was not clear whether that was for the debit card system only or whether the present coin system at the less expensive price was going to be replaced. He would like to keep the less expensive coin system. A7. A8. A9. Al0. 175: RESOLUTION NO. 97R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AND WATER AS ADOPTED BY RESOLUTION NOS. 71R- 478 AND 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NOS. 97R-28 AND 95R-140. (RULES 1 AND 2 - ELECTRIC RATES, RULES, AND REGULATIONS; AND RULE 13 - WATER RATES, RULES AND REGULATIONS.) 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Ameritech Library Services, in the amount of $85,561 for library automation equipment, software, and installation for the Library Services Division, Community Services Department. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to McAvoy and Markham, in the amount of $66,000 for 60 Sangamo Vectron SVX meters for Public Utilities Customer Service billing system. 160: Authorizing the Purchasing Agent to exercise a renewal option to Computer Bay, in an amount not to exceed $48,000 for a period of one year beginning July 1, 1997 for a time and materials contract for the Local Area Network maintenance, in accordance with Bid #5522. 11 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 All. 123: Authorizing the Utilities General Manager to execute an Agreement with Prism Computer Corporation, in an amount not to exceed $80,000 for a work order system for use by the Utilities Department. A12. 123: Authorizing Agreements with Tentek, Inc., Emmeron, Inc., dba Harte Enterprises, and John Cappelletti Associates, for general business contract programming services for a period of one year, in an amount not to exceed $500,000 aggregate. A13. 152: ORDINANCE NO. - .... (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.260 AND 1.04.270 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CONTRACT AUTHORITY OF THE PURCHASING AGENT. Revising Council Policies 306 and 401. 152: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO ENTER INTO CERTAIN AGREEMENTS FOR AND ON BEHALF OF THE CITY WHEN THE AMOUNTS DO NOT EXCEED $50,000. Jeff Kirsch. Although the argument in the name of efficiency is a good one, one of the reasons for bringing such items before the Council is for public knowledge. If the need for efficiency is overwhelming, he feels some language should be inserted to insure public disclosure or a yearly limit placed on such contract awards, or perhaps make it a receive and file notice as is done for other items on the consent calendar. MOTION. Mayor Daly moved that this item be continued for one week. Council Member McCracken seconded the motion. MOTION CARRIED. A14. 128: Approving the FY 1996/97 write-off of uncollectible miscellaneous and paramedics accounts receivable totaling $761,260.30. Council Member McCracken. The uncollectible Paramedics accounts have been an issue for the City and the Budget Advisory Commission for a number of years in looking at various ways to implement collection. She hopes some progress is being made and that some other agency might be able to collect those funds. It represents a great deal of money owed to the City. City Manager Ruth. The City tries to aggressively collect the money and if unsuccessful, turn the matter over to a private collection agency. The City continues to pursue collection. A15. 123: Approving the First Amendment to Agreement for legal services with Preston Gates & Ellis. A16. 123: Approving an Agreement with the Magnolia and Anaheim Union High School Districts to provide Park Ranger patrols of school facilities. A17. 123: Approving an Agreement between the City of Anaheim and North American Senior Circuit Softball for the purpose of conducting a Senior Softball World Series Qualifying Tournament sponsored by the Community Services Department. Mayor Daly. He recommends that Items A18 - A22 be considered after the Budget items and acted upon separate from the Consent Calendar. The Council Members agreed. 12 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 A18. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-19, WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS EXECUTIVE MANAGEMENT, EFFECTIVE JUNE 27, 1997. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 92R-22 AND 92R-21, WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT AND MIDDLE MANAGEMENT, EFFECTIVE JUNE 27, 1997. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 92R-20 AND 92R-18, WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY AND PROFESSIONAL, EFFECTIVE JUNE 27, 1997. 153: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR CLASSIFICATIONS ASSIGNED TO THE GENERAL UNIT REPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, EFFECTIVE JUNE 27, 1997. Phil Knypstra. He is speaking as an individual and not in his capacity as a member of the City's Budget Advisory Commission (BAC). He has the highest regard for the people and staff but his concern is nothing more than a philosophical issue. He then spoke to the salary compression issue and proposed upgrades as he did last year at budget time. (Also see his memorandum dated June 10, 1997 to the City Manager/City Council - Subject: Supposed Salary Compression and Proposed Upgrades - made a part of the record). Much of what he has to say is contained in the memorandum submitted. He then briefed the major points in his report attached to which were five exhibits containing extensive data (Comparative Analysis of Total Compensation by Class of Employee - Sworn Police and Fire Personnel and Distribution of Total Compensation for All Other City Employees, etc.) explaining how he arrived at the figures contained therein. He emphasized that the overriding issue for him is comparability and "nowhere in the staff reports do I see comparability studies supporting staff's recommendation for these proposed upgrades". The City has 149 employees who earn $100,000 or more and there are only 10-15 employees in the Anaheim Union High School District whose total compensation is $100,000 or more which he feels is a significant disparity. In concluding his presentation, Mr. Knypstra stated that his conclusion based on the staff reports is that he does not know how they can reach a conclusion that the proposed upgrades are warranted because he believes the facts do not support that conclusion. Even granting there is some salary compression, it does not override the fundamental issue of comparability -- are Anaheim City employees fairly paid in comparison to others. His conclusion is that they are. He hopes the Council will not vote in favor. Council Member Zemel. He was told that the vote on the Budget Advisory Commission was unanimous to adopt the proposed budget; Mr. Knypstra answered that he voted to adopt the Budget but this was never brought before him. He clarified for Council Member Zemel that overall, he would still vote for the Budget as it is. It is a sound document and a fair forecast. A19. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-17 WHICH ESTABLISHED PERSONNEL RULES FOR CLASSIFICATIONS DESIGNATED AS MANAGEMENT, CONFIDENTIAL AND UNREPRESENTED PART-TIME, EFFECTIVE JUNE 27, 1997. (REVISING PERSONNEL RULES 4, 10 AND 16.) 13 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 94R-151 WHICH ESTABLISHED PAY POLICIES FOR CLASSIFICATIONS ASSIGNED TO EXECUTIVE, ADMINISTRATIVE, MIDDLE MANAGEMENT, SUPERVISORY AND PROFESSIONAL GROUPS, EFFECTIVE JUNE 27, 1997. (REVISING MANAGEMENT PAY POLICY 1.2.) A20. 153: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 94R-151 RELATING TO PAY POLICIES FOR CITY COUNCIL APPOINTEES, EFFECTIVE JUNE 27, 1997. (ADDING NEW SECTION 1.26 TO PERSONNEL RULES.) A21. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES OF COMPENSATION FOR UNREPRESENTED PART- TIME JOB CLASSIFICATIONS, AND SUPERSEDING RESOLUTION NO. 91R-125 AND AMENDMENTS THERETO, EFFECTIVE JUNE 27, 1997. A22. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 92R-20 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS SUPERVISORY, EFFECTIVE JUNE 27, 1997. 153: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NOS. 92R-22 AND 92R-21 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESIGNATED AS ADMINISTRATIVE MANAGEMENT AND MIDDLE MANAGEMENT, EFFECTIVE JUNE 27, 1997. A23. 153: Approving an increase in funds available for the City Employee Computer purchase program by the allocation of an additional $100,000 from the General Benefits Fund Retained Earnings for this purpose. Council Member Zemel. He posed questions relative to this recommendation stating that when the program was established 12 years ago it was needed. He questioned if it was still needed and if the goals and theory were the same; City Manager Ruth. He gave some specifics relative to the program and in concluding stated they he feels the program is still needed and is beneficial. A24. A25. 185: Determining, on the basis of the evidence submitted by The Irvine Company, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 91-01 for the 1996-1997 review period (Mountain Park Project). 175: Approving the Fiscal Year 1996/97 write-off of uncollectible accounts totaling $630,466 with the Sanitation Division's portion of the bad debt write-off at $72,504, the balance being electric and water, as submitted by the Public Utilities General Manager. Roll Call Vote on Resolution No. 97R-79 for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-79 duly passed and adopted. 14 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 END OF CONSENT CALENDAR· MOTIONS CARRIED· Items A18 through A22 were removed from the Consent Calendar to be considered after budget items and were then subsequently continued one week. 5:00 P.M. PUBLIC HEARINGS: A26. Reconvene continued public hearing on the 1997/98 Budget· Mayor Daly asked if there was anyone else present who would like to speak that did not have an opportunity to do so relative to the City Budget; there was no response. (See input under Items of Public Interest where several people spoke on the City Budget.) Mayor Daly closed the Public Hearing on the 1997/98 proposed City Budget. The Mayor noted that there are a whole series of actions to be taken; however, a number of questions were raised by various Council Members. He asked if the Council would like to have one more week to evaluate the proposed actions or if they are prepared to act on the budget this evening. Council Member Lopez. He would like another week to meet with staff to get some additional information. MOTION. Mayor Daly moved to continue any action relating to budget items (Items A18 - 22 and all items under A26). Council Member Zemel seconded the motion. MOTION CARRIED. City Manager Ruth confirmed for the Mayor that there was nothing that was time sensitive by not taking action tonight. 106: MOTION Commission. · Receiving and filing the recommendation of the Budget Advisory Receive public input on budget appropriation limits (Item A-D), and changes in fee schedules (Item E-N). A.) 106: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $430,467,834 FOR THE FISCAL YEAR 1997/98. B.) 137: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR 1997/98. C.) 137: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR 1997/98. D.) 137: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ANNUAL APPROPRIATIONS LIMIT OF $157,630,091 FOR THE FISCAL YEAR 1997/98. 15 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 E.) 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM (VARIOUS FEES AND FEE DEPOSITS). F.) 000: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR COMMUNITY SERVICES DEPARTMENT PROGRAMS AND SERVICES COMMENCING ON SEPTEMBER 1, 1997. G.) 000: RESOLUTION NO. - ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GREENS FEES AND CART RENTAL FEES TO BE CHARGED AT THE DAD MILLER GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE, EFFECTIVE JANUARY 1, 1998. H.) 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE POLICIES ESTABLISHED BY THE ANAHEIM LIBRARY BOARD FOR THE USE OF LIBRARY COMMUNITY MEETING ROOMS AND THE FEES AND CHARGES REQUIRED PURSUANT THERETO; AMENDING RESOLUTION NO. 66R-286 AND RESCINDING CERTAIN OTHER RESOLUTIONS. I.) 140: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING THE AMOUNT OF THE FEE FOR THE PUBLIC LIBRARIES FACILITIES PLAN FOR THE EAST SANTA ANA CANYON AREA. J.) 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE RECOMMENDATION OF THE LIBRARY BOARD OF THE ANAHEIM PUBLIC LIBRARY TO ESTABLISH, INCREASE AND/OR DECREASE CERTAIN FINES AND FEES. K.) 000: RESOLUTION NO. ---- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE AMOUNT OF THE PARK IN-LIEU FEE AND RESCINDING RESOLUTION NO. 96R-102. L.) 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED FOR CERTAIN SERVICES PROVIDED BY THE ANAHEIM POLICE DEPARTMENT. M.) 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM PARKING LOT COMMENCING JULY 1, 1997. 000: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING SCHEDULE OF RATES FOR RENTAL OF SPACE AT ANAHEIM CONVENTION CENTER. MOTION: Authorizing the Stadium/Convention Center General Manager to offer a minimum rental rate for utilization of one-half of an exhibit hall at half the minimum rental rate for said hall; and authorizing the City Manager, upon recommendation by the Stadium/Convention Center General Manager or the President of Anaheim/Orange County Visitor and Convention Bureau, to negotiate lower-than-adopted rental rates for the Convention Center. N.) 175: RESOLUTION NO. - .... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AND WATER AS ADOPTED BY RESOLUTIONS NOS. 71- 478 AND 72-600 AND MOST RECENTLY AMENDED BY RESOLUTION NOS. 97-28 AND 95- 140. 16 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 MOTION To adopt the 1997/98 budget. All of the above actions under Item A26. were continued one week. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF MAY 22, 1997 DECISION DATE: MAY 29, 1997 INFORMATION ONLY- APPEAL PERIOD ENDS JUNE 13, 1997: B1. 179: ADMINISTRATIVE ADJUSTMENT NO. 118: OWNER: DANIEL and LINDA BOYLE, 1755 Azure Street, Anaheim, CA 92807 LOCATION: 1755 North Azure Street. To construct a 180 square-foot room addition to an existing 1,739 square-foot single-family house with waiver of maximum lot coverage. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 118 (ZA Decision No. 97-08). B2. 179: ADMINISTRATIVE ADJUSTMENT NO. 119: OWNER: JESUS NARANJO, 4230 East Alderdale Avenue, Anaheim,CA 92807 LOCATION: 4230 East Alderdale Avenue. To construct a 285 square-foot room additional to an existing house with waiver of maximum lot coverage. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Approved Administrative Adjustment No. 119 (ZA Decision No. 97-09). END OF THE ZONING ADMINISTRATOR ITEMS. B3. REQUEST FOR REHEARING: VARIANCE NO. 4302, CATEGORICALLY EXEMPT, CLASS 11: OWNER: JAS PARTNERSHIP, Attn: Jim Shab, 1990 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: LEON ALEXANDER, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 LOCATION: 1985 South Santa Cruz Street. Property is 2.44 acres located at the northwest corner of Santa Cruz Street and Stanford Court. Waiver of permitted type of sign and permitted size of freestanding sign to construct a 50-foot high double-faced, 299 square foot freestanding pole sign including a 70 square foot electronic readerboard. ACTION TAKEN BY THE PLANNING COMMISSION: GRANTED, IN PART, VARIANCE NO. 4302 for a 50-foot high double faced, 215 square foot freestanding pole sign (PC97-40) (6 yes votes, 1 no vote). Review of the Planning Commission's decision requested by Council Members McCracken and Lopez at the meeting of May 6, 1997, Item B5. Public hearing before the City Council held May 20, 1997 (Item D7). Variance No. 4302 was denied. Request for rehearing submitted by the owner Mr. James A. Shab, JAS Partnership and Global Cellular. 17 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 City Attorney White explained that this is not a determination on the merits or in itself a rehearing. Before the Council tonight is the question of whether or not to grant a rehearing. If the request is granted, a Public Hearing will be scheduled at a later date. Answering Council Member Tait, he explained the criteria for granting a rehearing. He outlined the four criteria upon which the Council may grant a rehearing. The petiitioner in this case is relying on the last one as the basis for granting the rehearing -- "That there was relevant evidence which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the City Council, at the hearing." Jim Shab, Global Cellular, Owner, 1990 S. Anaheim Blvd., Anaheim. They would like to present additional information and he understood from Council Members Lopez and Zemel there was a possibility of compromise on the sign issue that they might be interested in hearing. Perhaps something smaller. He is present to extend that position as well as to give additional information to support the hardship. Mayor Daly asked again to hear from the City Attorney relative to the ability this evening for Mr. Shab to present a proposed compromise. City Attorney White. Tonight what the Council should hear is only why the information could not have been presented to the Council at the Public Hearing on May 20, 1997 and what new information is now available, in the exercise of due diligence, not submitted previously, but not going into detail about hardships and a compromise. That would be determined only if the Council decides to grant a rehearing at a later date. Mr. Shab. He submitted handouts (on foam boards) which were OCTA renderings of the new proposed configuration of the I-5 after improvements showing his building and the location of the existing sign. Leon Alexander. They had submitted new evidence as a compromise. Originally, the Planning Commission allowed an additional 115 sq. ft. to expand the existing sign. The additional evidence is that it is a compromise reducing the 115 sq. ft. to 85 sq. ft. Council Member Zemel. He is inclined to support a rehearing because there is probably something new and different. Mayor Daly. He will recommend against a rehearing. He has the utmost respect for the business ability and acumen of the business. Sign standards are increasingly important to the way the City looks and the goals they are trying to accompish City wide. He does not believe the request is warranted at this time. MOTION. Mayor Daly moved to deny the request for a rehearing. Council Member McCracken seconded the motion. Before a vote was taken, Council Member Tait stated he is not sure how fruitful a rehearing will be but if the applicant feels that there is new information, he will support a rehearing; Council Member Lopez. He will also support a rehearing. A vote was then taken on the motion to deny the rehearing and failed by the following vote: Ayes: McCracken, Daly. No: Tait, Zemel, Lopez. MOTION. Council Member Zemel moved to grant the request for rehearing on Variance No. 4302. Council Member Tait seconded the motion. Mayor Daly and Council Member McCracken voted No. MOTION CARRIED. 18 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Mayor Daly. Before concluding, he stated the existing sign exists because of a variance already granted. Also, he was riding by the property and noted there was a banner hanging on the existing sign. Jim Shab. He stated it was a temporary banner for two weeks and they are in the process of taking it down. The only reason it is up is because of the hardship created by the I-5 freeway. Mayor Daly asked if the banner was illegal; Joel Fick, Planning Director answered that it was. Mayor Daly also asked whether the existing signage on the existing building is according to City code; Mr. Fick. He believes the wall signage on the existing building at present is in compliance. However, as he (the Mayor) pointed out, there are some banners that are not. Mr. Shab stated the banner will be taken down tomorrow. B4. B5. 179: ORDINANCE NO. 5600 (ADOPTION) Adding new Subsection .220 to Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code (Planned Commercial Mixed Use Centers in "CO" Commercial Office and Professional Zone). (Introduced at the meeting of June 3, 1997, Item Bn.) 179: ORDINANCE NO. 5601 (ADOPTION) Amending Section 18.01.090 of Chapter 18.01 and deleting Chapter 18.96 and various Subsections of Title 18 of the Anaheim Municipal Code relating to zoning (deck-type housing). (Introduced at the meeting of June 3, 1997, Item B12.) Mayor Daly offered Ordinance Nos. 5600 and 5601 for adoption. Refer to Ordiance Book. ORDINANCE NO. 5600 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .220 TO SECTION 18.41.050 OF CHAPTER 18.41 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (PLANNED COMMERCIAL MIXED USE CENTERS IN "CO" COMMERCIAL OFFICE AND PROFESSIONAL ZONE). ORDINANCE NO. 5601 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.01.090 OF CHAPTER 18.01 AND DELETING CHAPTER 18.96 AND VARIOUS SUBSECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DECK-TYPE HOUSING). Roll Call Vote on Ordinance No. 5600 and 5601 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5600 and 5601 duly passed and adopted. Be. 179: ORDINANCE NO. 5602: (INTRODUCTION) Amending Title 18 to rezone property under Reclassification No. 94-95-08 located at 260 South Euclid Street from the CH zone to the CI zone. 19 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 Mayor Daly offered ordinance No. 5602 for first reading. ORDINANCE NO. 5602: AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 94-95-08 LOCATED AT 260 SOUTH EUCLID STREET FROM THE CH ZONE TO THE CL ZONE. D1 176: PUBLIC HEARING - ABANDONMENT NO. 97-3A: In accordance with application filed by Anaheim Redevelopment Agency, a public Hearing was held on the proposed abandonment of certain alley located South of and parallel to Center Street, extending westerly approximaly 320 feet from Philadelphia Street pursuant to Resolution No. 97R-12 duly published in the North Orange County News and notices thereof posted in accordance with law. Report of the City Engineer dated March 24, 1997 was submitted recommending approval of said abandonment. Natalie Meeks, Civil Engineer, Public Works. The alley is being abandoned to make way for the new community center. All utilities have been relocated out of that area. It is not needed for traffic circulation. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council finds that the proposed activity fall within the definition of sections 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution 97R-80 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING AN ALLEY LOCATED SOUTH OF CENTER STREET, EXTENDING WESTERLY FROM PHILADELPHIA STREET (ABANDONMENT NO. 97-3A). Roll Call Vote on Resolution No. 97R-80, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 97R-80 duly passed and adopted. 2O ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 C1. 123: REPORT ON CLOSED SESSION ACTIONS: City Attorney White reported that the City Council had approved a Settlement Agreement and General Release in the matter of Nolan v. City of Anaheim, Orange County Superior Court Case 74-72-63 and authorized the City Attorney to execute the Settlement Agreement and General Release on behalf of the City. The City Council vote in Closed Session was all Ayes. Mayor Daly. He stated that a fuller explanation of that has been circulated to the news media. C2. 114: COUNCIL COMMENTS: Council Member Zemel. He would like to agendize for next Tuesday's meeting under the C. portion of the agenda the subject of term limits for Board and Commission Members. He is hoping to have a proposal in writing to present to the Council for consideration and to submit it before next Tuesday. If not, He will withdraw the request. Council Member Lopez. He requested additional information on the non-profit agencies not recommended to be funded this year. City Manager Ruth. That information was submitted as part of a report to the City Council and staff will be more than happy to provide that. The bottom line is that as they cut all the social programs in the City and they (non-profits) took their proportionate share of cuts as well. They have not restored those funds. There will always be more needs than funds. He will be glad to provide the report. Council Member McCracken. She would like a background report on SCAG (Southern California Association of Governments). There is so much material coming across her desk. The Association is making decisions which affect the City and the City is not currently a member. She feels that some background is necessary and some consideration by the Council as to whether there might be a different position at this time -- whether involvement in the actions that SCAG is taking in the City's name is in order. Council Member McCracken. She notes that a telecommunications tax is being proposed by the State and wants to know where they stand as a City. She is interested in knowing whether it is an issue that Anaheim will eventually have to face. Council Member McCracken. She has received phone calls and notes about Board and Commission appointments. If there is no objection, she has been asking people to give an update if they have filed a previous application or if they have never filed (current members) that they provide some background information. She finds it very difficult to try to compare. Appointments are coming up soon and she believes it is necessary to have some information before making an appointment decision. 21 ANAHEIM, CALIFORNIA - COUNCIL MINUTES, JUNE 10, 1997 ADJOURNMENT: By general Council consent, the regular Council Meeting of June 10, 1997 was adjourned. (7:20 P.M.) ANN M. SAUVAGEAU ASSISTANT CITY CLERK 22