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1997/04/01ANAHEIM, CALIFORNIA- CITY COUNCIL MINUTES APRIL 1, 1997 The City Council of the City of Anaheim met in regular session. PRESENT: PRESENT: ABSENT: PRESENT: MAYOR: Tom Daly COUNCIL MEMBERS: Shirley McCracken, Bob Zemel, Lou Lopez, Tom Daly COUNCIL MEMBERS: Tom Tait CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson CIVIL ENGINEER - DEVELOPMENT SERVICES MANAGER: Natalie Meeks PLANNING DIRECTOR: Joel Fick ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 1:50 p.m. on March 28, 1997 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:05 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: Dave Hill Employee organizations: Anaheim Municipal Employees' Association; Anaheim Firefighters' Association; HSEU Local 399; IBEW Local 47; Anaheim Police Association; GTDU Local 952 and non-represented. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Ortiz v. City of Anaheim, et al., U.S. District Court Case No. SACV - 96-569 AHS (EEx). ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: City of Anaheim v. Pacific Bell, Orange County Superior Court Case No. 76-11-93. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Nolan v. City of Anaheim, Orange County Superior Court Case No. 74-72-63. LIABILITY CLAIMS Claimant: William and Katie Kunzweiler Agency claimed agianst: City of Anaheim. RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. Council Member Tait was absent. MOTION CARRIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:18 p.m.) INVOCATION: Reverend Wilbur Davis, St. Boniface Catholic Church, gave the invocation. FLAG SALUTE: Council Member Shirley McCracken led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following Proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing April 1997 as Parliamentary Month in Anaheim Sylvia Griffith, Co-founder of the Orange County Parliamentarians Chapter of the American Institute of Parliamentarians chartered in 1988 accepted the Proclamation. She invited anyone interested in conducting more effective meetings to attend their meetings held at Carls Jr. Restaurant (Harbor Blvd./91 Freeway) the second Saturday of every month, 9:00-Noon. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing the Anaheim Angels on their upcoming 1997 season. 2. DECLARATION recognizing the Kiwanis Club of Anaheim Hills/Yorba Linda. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,257,527.73 for the period ending March 24, 1997 and $5,253,187.49 for the period ending March 31, 1997, in accordance with the 1996- 97 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:26 p.m.) Mayor Daly reconvened the City Council Meeting (5:28 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Mr. William McHenry, 2446 Clearbrook Lane, Anaheim. Last year, Circus Vargas spent several weeks in Orange County but it was apparent that the health situation of the animals was dim. His presentation expressed concern over the treatment of the animals involved, particularly the elephants and he explained why. He has come to the conclusion that a circus travelling with exotic animals should be banned as a health and safety liability. He also gave statistics and quotes from various doctors relative to public health implications which involved the animals in the circus. He urged the denial of a permit to Circus Vargas to perform in the community as other cities have done. Damon Knight, 1566 W. Minerva, Anaheim. He requests that the permit for Circus Vargas to perform in the City be denied. He reported that there have been 35 violations (regarding the Circus) and there is a public safety hazard to their children. There is a threat of spreading tuberculosis. He would like to see Anaheim reflective of Ghandi's ideology relative to the proper treatment of animals. The following issue - support for the Chief of Police, Police Officers and programs initiated by Police Chief Gaston - was addressed. The following people spoke and their comments are summarized: (One person did not speak in support. His comments are also summarized below.) Tom Kirker, 647 Bruce Avenue, Anaheim. He is present to support Police Chief Randy Gaston and the Gang Unit of the Police Department. The Chief has shown vision and leadership which will take the City into the next century as a result of his innovative programs, such as the Gang Unit. It is now much safer to walk the City's streets. (He gave recent crime statistics as proof.) The Gang Unit has the most dedicated group of officers he has ever met. Many hours have been spent by this unit to help the families of gang members and to let them know that the Police Department and Gang Unit are behind them. To even think of eliminating the position of Police Chief or the Gang Unit would be ridiculous. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Craig Ferrell, resident of central Anaheim. He is in support of Chief Gaston. He stated there is a "false prophet" in the community preaching discontent and discord. Up until this time they (the people) have been quiet about their appreciation for a job not yet done, not ever done, but well done. He urged the Council not to give in to those who have put forth a personal agenda. He is speaking on behalf of the biggest "gang" in the City, the silent majority. He asked that they support their Chief and the Police Department. Arthur Lucero, 1594 S. Anaheim Blvd., Anaheim. He is speaking on behalf of the 119 owners and 6,800 residents who live in the Wakefield, Leatrice, Ana Drive and Balsam neighborhoods. Each one of these neighborhoods is representative of approximately 95% Hispanic residents. His understanding is that Police Chief Gaston and the Gang Detail are being attacked for their efforts to rid the City of the criminal element. In the past nine years, he (Lucero) has provided security for the Wakefield-Leatrice neighborhood. (He gave some of his experiences in his role during those nine years.) He has had over 500 contacts with Officers in the Anaheim Police Department (APD). During that time, he has never heard a member of the APD use derogatory slurs, racist or prejudicial remarks, seen excessive use of force, or unnecessary use of force on any Hispanic member or any other member of the community. If he had, he would be present today revealing what he had seen. Because of the efforts of Chief Gaston and the Gang Detail and the rest of the Police Officers, there has been substantial and factual evidence that crime and homicides have decreased all over the City and the quality of life and living conditions have dramatically improved especially in Iow income Hispanic neighborhoods. Stan Pawlowski, 1433 W. Jeanine, Anaheim (42 years). Over the past six years, beginning in 1990, there has been a dramatic increase in gangs. (He then relayed statistics relating to gangs, members, arrests, etc., from then to now and also relayed additional statistics relative to the decrease in crime rates in specific categories). The Police Department is producing positive changes in the City's neighborhoods and has made the City a safer place to live, work and play. There is a certain group of individuals who would like to "handcuff" and eliminate the special Gang Unit entirely, establish a Police Review Board, and then have the Police Chief fired and relieved of his duties. A Police Commission is unnecessary especially when the City has an effective and strong City Manager and a City Council to handle any problems that take place in the department. Police Chief Randy Gaston is one of the finest and hard working Chiefs around and is dedicated to his job. He offers his total support to a Police Chief that is second to none in the nation. The charges and accusations made are unwarranted, unjustifiable, and unreasonable. He is urging the Council to also go on record in support of "Anaheim's finest" by commending them for their outstanding service to the City, not curtailing their activities but supporting them in all their efforts. The following spokesperson did not speak in support of the Police Chief or the Police Department. His concerns are summarized: Seferino Garcia, 121 S. Walnut. He is present tonight to talk about a very serious issue dealing with two Police Officers that had two serious allegations in "beating up two kids" -- Alvarado and J. Sanchez. They are asking the Council's support in reopening the investigation on (Officers) Hunter and Kelly. He then made comments on a meeting held at the Police Department yesterday where a member of the Police Department said that there were over 5,000 gang members in Anaheim. He feels that is an exaggeration and asked that the Police not fabricate numbers. They have been working hard in the community for over seven years creating programs at a grass roots level to stop the violence in the streets. He then read his letter to the Mayor and Council Members dated April 1, 1997 under his letterhead, Solevar Community Development Corporation, P. O. Box 10003, Anaheim, CA 92812 and signed by Mr. Garcia as Executive Director (made a part of the record). It requested suspension of Anaheim Police Officers Hunter and Kelly, reopening the investigation regarding suspects Alvarado and J. Sanchez "where excessive force was used during their arrest and while incarcerated while they were juveniles", with periodic updates to go to Solevar Community Development and United Neighborhoods c/o Josie Montoya, and the immediate appointment of an independent special task force. In concluding, he agrees if someone breaks the law, they need to be punished. They also feel the same way. Police Officers are to serve and protect the public. He urged them to reopen the investigation. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Bruce Bottolfson, President, Anaheim Police Association and Robbery Homicide Detective for 20 years. The issue is relative to Steve Nolan which is the crux of a lot of what is going on. Mr. Nolan, a Police Officer and member of the APA, was fired for mishandling of evidence. The Association supported him in his arbitration and spent over $40,000 to get his job back. However, Nolan and his attorney chose to raise an issue that the Gang Unit was out of control. It was their issue and their legal tactic only and not anything that the Police Association or any other group developed. As far as he is concerned, Mr. Nolan lied -- he lied about things he never saw and where he did not have first-hand knowledge -- things that have since been investigated down to the smallest degree possible. The FBI has investigated the complaint and found it groundless. There is no out-of-control gang unit or sub-gang unit within the APD. Relative to the previous speaker who said there are not 5,000 gang members, it is not an inflated number and he knows that through his personal experience out in the streets. He has also worked with Chief Gaston for over 20 years. The Chief has always been a very honest man and full of integrity. Steve Nolan was fired by former Chief Molloy. Chief Gaston has handled the investigation. The Anaheim Police Department is one of the finest and he has seen many, and for the Chief to be demeaned by Mr. Nolan is something he cannot tolerate. The Police should know what they are doing wrong, but to lie about them is unforgiveable. He urged everyone to support the Police Department. They are doing a job nobody else wants to do and they do it better than anyone else can. Mr. Phil lati. He represents hundreds of property owners from the 10 target areas in the City. They are considered target areas due to the high rate of drug and gang activity that exists or existed there. Those areas consist of approximately 3,854 rental units with approximately 18,270 people, and 90% of the people are Hispanic. At the Council Meeting of 3/11/97, a group calling themselves United Neighborhoods made accusations to and demands of the Council incited by a jury's decision involving Steve Nolan, an ex-Anaheim Police Officer. The group requested the "recall" of Chief Randy Gaston and the elimination of the Gang and Drug Detail. As property owners, they are asking the Council to consider their opinions before making any decisions on those outrageous demands. Mr. lati then elaborated upon the things that had occurred in the past two years that have made a tremendous difference in the 10 target areas. It is necessary to look at who is behind all the wonderful progress that has been made in the target areas and also in the Balsam area with which he is directly involved. Instead of being criticized, they should be bestowing awards and accolades on the Chief and the Department. He concluded by stating that they salute Chief Gaston, all the officers, the Gang Detail and the Community Policing Team for their outstanding commitment to their neighborhoods, for their professionalism in the field, and their incredible performance which has saved people's lives. They wish them continued success and stand by them 100%. Grace Howard, 125 N. Glenda Circle, Anaheim, Anaheim Involved Managers (AIM). She has spoken at Council meetings many times. She was present at a Council meeting a few years ago to tell the Council there was a "cancer" growing in Anaheim, that being, gangs, drugs and fear. They have been working to eliminate those and have almost got the job done. She went to every Officer she could find and finally spoke to Captain Baker about the situation who met with her but indicated things take time. She stated, they had no time. Chief Gaston came along and that made a big difference. She has managed 19 apartment communities in Anaheim, currently 13. At one time, she was afraid to put managers in properties, but that no longer exists because of the efforts of Chief Gaston, Captain Baker and all the other Captains and Officers in the Police Department. They went through great efforts to start the REACT group and a wonderful partnership was established. Without Chief Gaston, she does not think they would have had a partnership this soon. She urged that they not take Chief Gaston away from them and keep the Anaheim Police Department intact. It took five years to get where they are now and her managers are no longer afraid. Mrs. Gemmell, 810 S. Bruce, Anaheim (34 years). She relayed an incident regarding a problem with a gang of kids hanging out at the corner of their community. She contacted Chief Gaston and within a week's time, the Gang Unit was working in their community and there was no recurrence of the problem. She questioned why anyone would want to replace something that works. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Esther Wallace, 604 Scott Lane, Anaheim. Chairman of and representing the West Anaheim Neighborhood Development (WAND) Council, Mrs. Wallace read her letter dated April 1, 1997, the essence of which was that "West Anaheim Citizens strongly suport the efforts of Police Chief Gaston and the Gang Detail to handle the alarming amount of gang problems in Anaheim." Attached to the letter was a petition signed by approximately 367 citizens which were gathered in only three days affirming the support. There was also a letter which accompanied the petition which she also read (both letters and the petition made a part of the record) portions of which read -- "Chief Gaston's leadership and vision have provided a strong foundation for change within the Anaheim Police Department (APD) to address the crimes in our community. During Chief Gaston's watch, the City has seen a reduction of 83% in gang related homicides and 50% in gang assaults. On a daily basis, Chief Gaston has worked hard to maintain a Police Department that every Anaheim citizen can be proud of". A woman spokesperson representing the Citron/Guinida and Mayfair neighborhood, speaking through an intrepeter, stated they are afraid that they will be losing some of the different programs they now have. They have had the opportunity to have meetings with the young people, parents and with members of the Police Department. They have never seen that the Police Department's doors have been shut in order for the neighborhood to make their requests known. Neither have they seen any violence against any of their young people. There has been a lot of violence in different neighborhoods where they live and many nights, people have stayed up all night listening to the gunfire in their neighborhoods. They do not want the Council to take away the programs they have for their neighborhoods and what they have accomplished. Angelia Tapia, 195 Guinida Lane, Anaheim. She has been supporting the Police because they have been helping the people in their area and she is very glad they are helping them a lot. In the future, when their grandchildren grow up they hope it stays that way for them. She works in the community and in the school (Paul Revere). She supports the school and especially supports the Police Officers and the Gang Unit efforts. She thanked them very much. They have done very well in their community. She is very happy about what they are doing. Reverend Bryan Crow, 113 Orange Hill Lane. He has a unique relationship with Chief Gaston since he has the privilege of being his Pastor. In that role, he believes Chief Gaston mixes his professionalism as a Policeman with compassion and personal interest in the community at the very highest level. Chris Salmon, 2424 W. Gramercy, Anaheim. He relayed a problem that occurred in their neighborhood with the presence of a "gang house-drug house" which went on for eight years. Two years ago, they decided to do something and with the help of the APD and Neighborhood Services, they were able to get rid of the problem. They strongly support Neighborhood Services, Chief Gaston, and the Anaheim Police Department. Mayor Daly. The Council appreciates the fact that the community took time from their schedules to be present to speak up relative to the Police Department. He has a brief statement to make. What has brought about the subject of the Anaheim Police Department is the subject of the Nolan Case which has received press attention. He assures everyone they take the matter very seriously and also want to remind everyone that the FBI and many other responsible oversight organizations have reviewed all the facts of the matter and found no wrong doing by the Anaheim Police Department. The City of Anaheim clearly does have a great Police Department and is privileged to have a Police Chief and a Department with very high standards. It is a department which has been outstanding for many, many years and under its current leadership is becoming more effective every day and for that, the entire community can be grateful. Great strides are being made and the City will move forward. It is unfortunate that one incident has been focused upon in light of all the progress in the past years as has been given testimony by the community leaders. He feels that is all that needs to be said this evening on the subject. The community has shown support for their great Police Chief and Police Department which speaks for itself. They appreciate the turnout of the community leaders and all the positive response. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 RECESS - By general Council consent, the Council recessed for 10 minutes (6:20 p.m.). AFTER RECESS - Mayor Daly called the meeting to order, all Council Members being present with the exception of Council Member Tait (6:35 p.m.). PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item A12 (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of April 1, 1997. Council Member Lopez seconded the motion. Council Member Tait was absent. 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 Nos. 97R-35 through 97R-39, both inclusive, for adoption. Refer to Resolution Book. Al. 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 Ronald A. Morrow for property damage sustained purportedly due to actions of the City on or about October 14, 1996. b. Claim submitted by William M. Stevens for property damage sustained purportedly due to actions of the City on or about February 4, 1997. c. Claim submitted by David Gonzalez for property damage sustained purportedly due to actions of the City on or about January 29, 1997. d. Claim submitted by Katie Kunzweiler and William Kunzweiler c/o R. Samuel Paz, Esq. for bodily injury sustained purportedly due to actions of the City on or about November 26, 1996. e. Claim submitted by Sony Electronics Inc. c/o Michael T. Williams, Esq. for indemnity sustained purportedly arising out of actions of the City on or about January 22, 1997. f. Claim submitted by Waleed Ag Hamada c/o John F. McCay, esq. for indemnity sustained purportedly arising out of actions of the City on or about May 11, 1996. (Main action: Robert Gillespie vs. City of Anaheim, et al. OCSC No. 77 46 96) ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 g. Claim submitted by Abdelghany M. Hamada c/o John F. McCay, Esq. for indemnity sustained purportedly arising out of actions of the City on or about May 11, 1996. (Main Action: Robert Gillespie vs. City of Anaheim, et al. OCSC No. 77 46 96) h. Claim submitted by Robert Moreno c/o Charlotte Moreno for property damage sustained purportedly due to actions of the City on or about January 14, 1997. i. Claim submitted by Clinton Mark Rowin, Jr. for property damage sustained purportedly due to actions of the City on or about November 23, 1996. A2. A3. A4. A5. A6. 156: Receiving and filing the Anaheim Police Department Crime Statistical Report for the month of February, 1997. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held February 26, 1997. 105: Receiving and filing minutes of the Public Utilities Board meetings held January 16, 1997, and February 6, 1997. 173: Receiving and filing a Notice of Pacific Bell's Application To Reduce Toll Rates (Application Number 97-03-004) filed with the California Public Utilities Commission to lower prices for local toll calls, increase the discount customers can receive when using a calling plan, and decrease the prices we charge long-distance companies to connect to the Pacific Bell network. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held February 19, 1997. 105: Receiving and filing minutes of the Telecommunications Policy Advisory Committee meeting held February 5, 1997. 175: Awarding a contract to the lowest responsible bidder, J. B. Pipeline, in the amount of $16,470 for Coral Circle Watermain Improvements; 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. 169: Awarding a contract to the lowest responsible bidder, R. J. Noble Company, in the amount of $252,128.19 for Ball Road Street Improvements Project from State College Boulevard to East Street; 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. 166: Awarding a contract to the lowest responsible bidder, Micon Engineering, Inc., in the amount of $131,598.99 for Entry Monumentation Sign Walls in medians at Katella Avenue, Tustin Avenue and Weir Canyon Road; 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. 158: Approving the Acquisition Agreement of real property at 505 West Katella Avenue - R/W 5180-25 - Katella Avenue Smart Street Improvement Project; approving an Agreement for Right of Entry; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $195,025 to Kuo-Chin Yang, Shu-Mei Hsieh, Chin-Sung Hsu, Mei-Yun Yang Hsu, and Mei-Lan Yang Chen. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 A7. 158: Approving the Acquisition Agreement of real property at 435 West Katella Avenue - R/W 5180-26 - Katella Avenue Smart Street Improvement Project; approving an Agreement for Right of Entry; authorizing the Mayor and City Clerk to execute said Agreement; and authorizing the acquisition payment of $8,000 to Kuo-Chin Yang, individually and dba Holiday Inn Express. A8. 170: Approving the Final Map and Subdivision Agreement of Tract No. 15124, and authorizing the Mayor and City Clerk to execute said Agreement. Tract No. 15124 is located at Foxhollow Drive and Cedarpoint Drive, in Development Area 204 of the Summit Anaheim Hills, Specific Plan No. 88-1. A9. 123: Approving a First Amendment with Security Land and Right-of-Way Services, Inc., in an amount not to exceed $100,000 annually. Council Member Zemel. He asked for clarification as to the charge of the subject firm. Gary Johnson, Public Works Director and City Engineer. He will ask Natalie Meeks to respond regarding their scope of services. Natalie Meeks, Civil Engineer, Department Services Manager. The City has very limited staff in Right of Way with only one Right-of-Way-Agent. The subject firm is charged with all right-of-way acquisition for the Katella Smart Street and the Anaheim Resort Area for the next five years. They manage that acquisition and coordinate with the appraisers and the relocation consultants, handle the right-of-way negotiations, and prepare all the documents. They do so on a retainer basis and they charge based on the services the City uses. Al0. 123: Approving a third year option to the Agreement between Orange County Striping Service, Inc., and the City of Anaheim for striping maintenance services. All. 158: Finding and determining, in accordance with Section 1222 of the City Charter, that the proposed sale, without competitive bidding, is in the best interest of the City; accepting the offer received in the amount of $20,000; and authorizing the Mayor and City Clerk to execute the Grant Deed (sale of Lot 33 of Tract No. 2274 - former well site, CP 259 located at 9951 Palais Road). A12. 173: Supporting near-term implementation of Alternative 3 of the OCTA Major Investment Study, with the clause "many small buses and vans serving business centers" modified to provide for clean fuel buses and vans serving major activity centers; and with the addition of a new transit center in the vicinity of Anaheim Stadium; and supporting continued evaluation of long-term implementation of a combined elevated rail alignment from Alternatives 5 and 6. Submitted was report dated March 20, 1997 from the Director of Public Works and City Engineer, Gary Johnson recommending the subject preferences/actions for a future transportation system through Anaheim. Mr. Allen Jeffrey, Chair, Anaheim Transportation Network, 2160 Waverly Drive, Anaheim. He attended the State of the City luncheon where he made some comments relative to the challenges the City is faced with regarding transportation especially considering the several major projects which are taking place in the City over the next few years. He has been meeting with City staff regarding transportation issues. They have come up with some recommendations that they believe have a lot of merit for the future. He also referred to Orange County Transportation Authority (OCTA), Alternative 7 which the Authority has asked that individual cities make recommendations on. Next week, the Council will be receiving the highlights of the plan they came up with which will come from the Public Works Department. It outlines the initial part of the plan moving guests around the immediate resort area. In the future, they will have to address Katella and Sportstown as well. ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Regarding the Major Investment Study, he is recommending that the Council support staff's recommendation as outlined in the March 20, 1997 report (Items 1 and 2). He also believes there are some viable solutions to the transportation problem which will be presented to the Council as well as funding options. They believe there are some opportunities of funding through OCTA and is consistent with what they are proposing thus far. Council Member Zemel. He would like to know staff's opinion as far as time sensitivity on this issue because he would like to discuss part two, the elevated rail element, in more detail with staff. He asked what effect a two-week continuance would have. Gary Johnson. It is his understanding that the OCTA Board will not take action until June so the item could be continued. Mayor Daly. He determined that there does not seem to be a scheduling problem if there is a continuance; however, he asked if there was a representative from OCTA present to clarify if there is a need for early City input as opposed to later in the month. Nancy Michali, Manager of Transportation Planning, OCTA. She will be meeting with the OCTA Board on Monday, April 28 and as long as she has the City's recommendation before that she will be pleased. At that time, it will be a receive and file item subsequently followed by a few months of public discussion. Mayor Daly. In theory, they could provide additional input before that time; Ms. Michali answered, yes. MOTION. Council Member Zemel moved to continued Item A12. for two weeks, to April 15, 1997. Mayor Daly seconded the motion. Council Member Tait was absent. MOTION CARRIED. A13. A14. A15. A16. A17. A18. A19. 123: Approving and authorizing the Mayor and City Clerk to execute District Agreement No. 12- 303 for State oversight on right-of-way activities and approval of plans, specifications and estimates for the State College Boulevard/SR-91 interchange project on behalf of the City of Anaheim. 123: Approving and authorizing the Mayor and City Clerk to execute the Sewer Relocation Utility Agreement No. 12UT-445 for the I-5 Freeway Widening Project, Segment E-2. 158: RESOLUTION NO. 97R-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5180-78 AND R/W 5180-83). 158: RESOLUTION NO. 97R-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING CERTAIN REAL PROPERTIES OR INTERESTS THEREIN TO THE CITY. (R/W 5180-25 AND R/W 5180-26). 160: Accepting the Iow bid of Leonard Chaidez Tree Services, in an amount of $25,600 for the trimming of approximately 800 each queen and robusta palms, in accordance with Bid #5639. 160: Accepting the Iow bid of Dooley Enterprises, Inc., in the not-to-exceed amount of $75,000 for Winchester ammunition as required for the period April 1, 1997, through March 31, 1998, in accordance with Bid #5625. 160: Accepting the Iow bid of Nobest, Inc., in an amount not-to-exceed $103,900 for the removal and replacement of residential sidewalks, curbs, gutters, cross gutters, alleys, access ramps, and driveways for a period of one year beginning in April 1997, with options to renew for an additional three years, in accordance with Bid #5627. 10 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 A20. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Schweitzer Engineering Lab, c/o Matzinger-Keegan, in an amount of $29,862 for microprocessor type relays and test equipment. A21. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Fisher Pierce c/o Matzinger Keegan, Inc., in the amount of $47,763.72 for 165 fault indicators for Warehouse inventory stock. A22. 160: Authorizing the Purchasing Agent to exercise the renewal option and issue a Purchase Order to Phoenix Group Information Systems, in an amount not to exceed $99,297 for a period of one year commencing July 1, 1997, with the option to renew for two additional years for parking citation processing, in accordance with Bid #5539. A23. 160: Authorizing the Purchasing Agent to issue a Change Order to K & D Graphics, in an amount not to exceed $40,000 for typesetting services as required for the period July 1, 1997, through June 30, 1998, in accordance with Bid #5515. A24. 160: Authorizing the Purchasing Agent to issue a Change Order to P.S. Trading, in an amount not to exceed $90,000 for helicopter Jet A fuel and AVGAS 100, as required for the period July 1, 1997 through June 30, 1998, in accordance with Bid #5376. A25. 160: Authorizing the Purchasing Agent to issue a Change Order to Uniform Center, in an amount not to exceed $217,629 for police uniforms and equipment, as required for the period July 1, 1997 through June 30, 1998, in accordance with Bid #5543. A26. 123: Approving the federally funded FY 1996-97 Emergency Shelter Grant Agreement with Episcopal Service Alliance (Martha House) in the amount of $15,000. A27. 123: Approving the federally funded FY 1996-97 Emergency Shelter Grant Agreement with Placentia Presbyterian Church (H.I.S. House) in the amount of $5,000. A28. 135: To consider new programs at the two City Golf courses for residents of Anaheim, including a new policy for tournaments hosted by Anaheim-based non-profit groups; an advanced tee time reservation privilege for residents; and a special discount for residents to purchase driving range balls. (Continued from the meeting of March 18, 1997, Item A12.) Staff requested further continuance to April 8, 1997. A29. 113: RESOLUTION NO. 97R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (MISCELLANEOUS RECORDS MAINTAINED IN THE CITY MANAGER'S OFFICE). A30. 178: RESOLUTION NO. 97R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OPPOSING CONSOLIDATION OF THE ORANGE COUNTY WATER DISTRICT WITH OTHER WATER DISTRICTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES. (CONTINUED FROM THE MEETINGS OF MARCH 11, 1997, ITEM A29, AND MARCH 18, 1997, ITEM A13.) A31. 175: To consider the proposed Five-Year Electric Underground Conversion Plan for Fiscal Years 1997/98 through 2001/02. (Continued from the meeting of March 18, 1997, Item A14.) Staff requested further continuance to April 8, 1997 11 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 A32. A33. A34. A35. A36. A37. 123: Approving Caltrans Utility Agreement No. 12-UT-426 to remove and relocate electrical facilities for the State Route 91 widening project. (Project area includes both sides of the 91 Freeway west of Harbor Boulevard to west of State College Boulevard, and removing and relocating overhead distribution lines north of the 91 Freeway and within 1000 feet east of Lemon Street). 123: Approving Department of Transportation Agreement No. 12-UT-185 for Segment C Water Facilities, to relocate, reconstruct and/or abandon facilities for the I-5 Freeway Widening Project. 123: Approving Caltrans Utility Agreement No. 12-UT-183 to remove and relocate electrical facilities for the I-5 Widening Project, Segment C. 137: RESOLUTION NO. 97R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (1) APPROVING AN INSTALLMENT SALE AGREEMENT, A TRUST AGREEMENT, AND A CONTINUING DISCLOSURE AGREEMENT; (2) AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND (3) AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE FINANCING BY FARECAL OF CONSTRUCTION OF FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FOR ITS MEMBER AGENCIES. (1) Authorizing an Installment Sale Agreement between the City and the Financing Authority for Resource Efficiency of California (FARECal) under which the City will make installment payments to purchase certain capital improvements and replacements for its electric system. (2) Authorizing a Trust Agreement under which FARECal will assign its rights to receive such installment payments to the Trustee in connection with those FARECal certificates of participation allocable to the City. (3) Authorizing the delivery of a preliminary Official Statement and an Official Statement relating to FARECaI's certificates of participation allocable to the City for use with the offering and sale of the certificates of participation. (4) Authorizing a Continuing Disclosure Agreement which requires the City to provide certain financial information annually. (5) Authorizing and directing the Mayor, the City Manager, the Public Utilities General Manager and other City officers and officials to take any and all actions necessary to complete the transactions contemplated by the financing and ratifying of any such actions previously taken. 181: Approving expenditure of $12,000 for costs associated with the Anaheim Arts Council Soiree; and authorizing the City Manager to sign the facility use agreement between the Inn At The Park and the City of Anaheim for the use of a banquet hall and meal service for the Soiree. 114: Approving minutes of the Anaheim City Council meeting held March 11, 1997. Roll Call Vote on Resolution Nos. 97R-35 throuqh 97R-39, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBER: Tait The Mayor declared Resolution Nos. 97R-35 through 96R-39, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Tait was absent.) 12 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 D1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3920 SPECIFIC PLAN NO. 90-1 REVISION TO DEV. AREA 2 SITE PLAN REVISION TO SPECIFIC PLAN 90-01 -ORDINANCE 5110, RESOLUTION NO. 90R-86, RESOLUTION NO. 90R-87 AND (CONDITION NO. 9): CEQA NEGATIVE DECLARATION OWNER: OTR, OHIO GENERAL PARTNERSHIP, Mr. Bill Shurman, 275 East Broad Street, Columbus, Ohio 43215 AGENT: DONAHUE SCHRIBER, Attn: Michele Holling, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660 LOCATION: The Anaheim Hills Festival Center. Property is approximately 85 acres located at the southwest corner of Santa Aha Canyon Road and Roosevelt Road. Petitioner requests the following: 1) approval of a revised site plan to permit the expansion (up to 25,000 square feet or 1,500 seats) of the existing theater; 2) approval of a revised site plan to redesignate 20,000 square feet of area for general retail uses; 3) approval of a conditional use permit to construct a 35,000 square-foot health club and a 10,000 square-foot child day care facility with a 15,000 square-foot outdoor play area; 4) amendment to Condition No. 9 of Ordinance No. 5110 to permit on-street parking on Festival Drive; and 5) waiver of minimum number of parking spaces. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3920 GRANTED (PC97-27) (5 yes votes, 2 absent). Waiver of code requirement APPROVED. Specific Plan No. 90-01 Revision to Dev. Area 2 Site Plan APPROVED (PC97-28). APPROVED revision to Specific Plan No. 90-01 - Ordinance 5110, Resolution No. 90R-86, Resolution No. 90R-87 and Condition No. 9. HEARING SET ON: Public Hearing before Council required due to Amendment to Specific Plan PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - March 22, 1997. Mailing to property owners within 300 feet - March 20, 1997. Posting of property - March 21, 1997. STAFF INPUT: See staff report to the Planning Commission dated March 17, 1997 Greg Hastings, Zoning Division Manager, summarized the request as outlined in Staff Report to the Planning Commission dated March 17, 1997 and elaborated on the requests of the petitioner as listed above. Mayor Daly noted that this item is before the Council after a unanimous vote of approval of the Planning Commission. He thereupon opened the Public Hearing and asked to hear from anyone who wished to speak. There being no response, he closed the Public Hearing. Mayor Daly. He explained that the proposal came to the Council because it involves a revision to the Specific Plan which was approved in 1990 and for that reason only. Council Member Zemel. He knows the issue in that area was noise from the roof air conditioners. He asked if that had been evaluated. 13 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Joel Fick, Planning Director. The issue was discussed at the Planning Commission meeting. There will be a study which will be brought back to the Planning Commission for their review. Council Member McCracken. Relative to the on-street parking request, especially with regard to the child care facility, she feels the last thing that would want is on-street parking alongside those facilities. The street (Festival Drive) moves quickly along the back of the shopping center but it would change the whole movement if cars are parked on both sides. Joel Fick. If there is parking on the street, it will only be on one side. This center, unlike other locations in Orange County where there have been parking difficulties with entertainment-retail centers, has a couple of unique aspects. It is somewhat isolated and is not adjacent to properties where parking could spill over. There are quite a number of spaces in the lower level of the center although requiring more walking. The parking study determined parking was adequate and in the event it were to be needed for the 20,000 s.f. retail, a report would come back to the Planning Commission and safety concerns addressed at that time. Council Member Lopez. He has the same concern. He does not think there needs to be parking on the street. There is plenty of parking in the center now. It will change the way things are and could be a traffic hazard, If there is a parking problem in the future, it would be something he would want to consider at that time, but he would not approve parking on the street. Joel Fick, Planning Director. Staff is sensitive to such concerns and that is why the recommendation to the Planning Commission was not to restripe for parking at this time but to look at that if the 20,000 s.f. of retail comes forward in the future. It would then come back to the Planning Commission and ultimately to the Council. Mayor Daly. He asked if it will be restriped if the 20,000 s.f. of retail is filled or is it optional pending further study; Joel Fick. It is optional. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council approved the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Council Member Tait was absent. MOTION CARRIED. Mayor Daly offered Resolution Nos. 97R-40 and 97R-41 for adoption. Refer to Resolution Book. RESOLUTION NO. 97R-40: A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3920 RESOLUTION NO. 97R-41: A RESOLUTION OF THE CITY OF ANAHEIM OF THE CITY COUNCIL APPROVING SPECIFIC PLAN NO. 90-1 - REVISION TO DEVELOPMENT AREA 2 SITE PLAN. Roll Call Vote on Resolution Nos. 97R-40 AND 97R-41, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBER: Tait The Mayor declared Resolution Nos. 97R-40 and 96R-41, duly passed and adopted. 14 ANAHEIM, CALIFORNIA CITY COUNCIL MINUTES -APRIL 1, 1997 Mayor Daly offered Ordinance No. 5594 for first reading. Refer to Ordinance Book. ORDINANCE NO. 5594: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5110 RELATING TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-1 (AMENDMENT NO. 2). C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White Stated that there are no actions to report. C2. 114: COUNCIL COMMENTS: Council Member McCracken. She announced that on Saturday, April 5, 1997, the Arts Council will be celebrating its 24th Annual Soiree, its major fundraiser, to be held at the Inn at the Park Hotel. The cost is $50 for a gourmet dinner and an opportunity to bid on some excellent auction items. Tickets are available from the Arts Council. Council Member McCracken. She has worked on abandoned shopping cart legislation with the League of California Cities Committee on Community Services. The League is working on the issue and hopefully they will be able to get effective legislation throughout the State that everybody can live with. Mayor Daly. He reported on his attendance at the Annual Season Opening Angels Luncheon sponsored yearly by the Chamber of Commerce. Opening day is tomorrow. There was a great deal of positive feedback at the luncheon on the remodeling of Anaheim Stadium and the outlook for the team this year - the ANAHEIM ANGELS! ADJOURNMENT: By general Council consent, the City Council meeting of April 1, 1997 was adjourned (7:02 P.M.). LEONORA N. SOHL CITY CLERK 15