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1996/07/16CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES JULY 16, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau CONVENTION CENTER MANAGER: Greg Smith PUBLIC WORKS DIRECTOR/CITY ENGINEER: Gary Johnson ZONING DIVISION MANAGER: Greg Hastings ZONING ADMINISTRATOR: Annika Santalahti PERSONNEL OFFICER, POLICE DEPARTMENT: Tom Engle A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:20 a.m. on July 12, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly opened the workshop portion of the meeting of July 16, 1996 and welcomed those in attendance (3:12 P.M.). City Manager, James Ruth. Today is the third and final presentation on the Feasibility Plan/Study for the Anaheim Convention Center. Greg Smith, Convention Center Manager will give bdef introductory remarks and an overview and subsequently introduce the architect and staff who have worked so hard to bdng the plan before the Council today. 124: CONVENTION CENTER FEASIBILITY STUDY: Greg Smith, Convention Center Manager. He first bdefed and recounted the actions that have taken place starting in August, 1995 when the City received the comprehensive repori/study from Coopers & Lybrand commissioned by Anaheim. He relayed the findings in the report. (Also see minutes of the previous workshops regarding the expansion of the Convention Center dated February 6 and Apdl 23, 1996). Acting on the Coopers & Lybrand Study, the City retained the internationally renowned architectural and design firm, Helmuth, Obata & Kassabaum, Inc. (HOK) to develop an expansion program to retain market share and then beyond. He outlined the format for the presentation today and subsequently introduced Gary Johnson, the City's Public Works Director and City Engineer, John Conley, Project Manager, HOK, and Steve Bmbaker, Design Amhitect, HOK who will present the Master Plan Design. (Also see minutes of 2/6 and 4/23/96). Steve Brubaker, Design Architect, HOK. (Mr. Brubaker gave a multi-media presentation using information boards showing plans, elevations, renderings, etc., many of which were simultaneously shown on slides for the convenience of the audience as well as models displayed in front of the dais showing the various phases of the proposed expansion. The slide presentation also consisted of before and after views of the Convention Center and the immediate surrounding area comparing the present configuration with what the buildings/area will look like after the expansion is completed.) The extensive presentation covered a review of the drawings previously presented showing the first expansion to the east and then moving to the north along Katella for later expansions as well as the models presented previously. Dudng the presentation, he answered questions posed by Council Members relative to certain aspects of the project such as phasing, square footage, the ultimate plan relative to the present arena facility, etc. He also addressed the concom raised by Council Member Lopez at the last workshop regarding transporting attendees to exhibit halls, etc., concluding that the real issue is transport to the things distant from the facility/exhibits, especially parking. The proposal is for a tram system to take CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, 1996 attendees to and from the parking area with identified tram stops along the front of the building (which he pointed to) which addresses the concern expressed. Council Member Lopez was pleased with the explanation and the solution. Mr. Brubaker then continued with an explanation of the specifics of the project, materials to be used, etc. which prompted questions relative to the colors and types of glass proposed to be used, if it would be energy efficient, the viewscape, etc. He particularly emphasized that it is the garden and garden-like setting that will make the Convention Center a special place especially in specific areas, which he explained, and which were depicted on the slides and renderings. Looking inside the facility in the rotunda area, it is an active, exciting spot with planting and paving coming into the facility so that inside and outside come together. He then elaborated upon the garden itself reiterating that it is the signature aspect of the project, several parts of which are very unique. In bdnging his presentation to a close, Mr. Bmbaker stated that a most interesting new development is the opportunity on Katella to give something back to the community by creating a public garden that will be a part of the development. Created around the arena will be a turn-around area not only for members of the community, but also those using the facility. It will be something the community can use -- a sedes of paths where people can walk with a vadety of enclosures or pdvacy as well as openness with different planting beds for different types of growth. It will give an opportunity to integrate an art program and public amenities. Benches will also be included and places where events could be held both in the garden and the concourse level. They will work with the community as they build the building. He further explained for the Mayor that the two ovals depicted are virtually a football field in length and are traffic tum-arounds but they have the option to be used as performance areas. (Slides were shown overlaying the size of the tum-arounds with other venues in Southern California such as the Third Street Promenade in Santa Monica and Main Street at Disneyland which gave a visual scale of the size of the tum-arounds.) Greg Smith, Convention Center Manager. As a point of clarification, relative to the arena, as the Council is aware, the expansion is a phased program. There are seven phases total and the replacement of the arena would be the last phase which is very long term. He then continued, as part of the planning process, Taylor Construction was hired to prepare cost estimates for Phase I only for the amount of space recommended by Coopers & Lybrand to retain market share. The total cost is estimated at $150 million. The question is -- does the City need to spend the money to do the expansion. The study performed by Coopers & Lybrand analyzed the question resulting in four direct and four indirect effects which he then bdefed in detail, the essence being the economic benefits that will accrue to the City by proceeding with the expansion compared to not doing so, which benefits are enormous. Moving forward with Phase I will continue to keep Anaheim on the leading edge of the trade show and convention business and keeping those benefits in Anaheim and not competition elsewhere. Because this is a workshop session, Council is not being asked for a decision to move forward today but will be asked to do so next Tuesday when staff will submit a recommendation to enter into an agreement with HOK for architectural services and to prepare the Design Development Documents for the design and construction necessary for Phase I of the Convention Center expansion. He then introduced Mr. Chades Ahlers, President of the Anaheim/Orange County Visitor and Convention Bureau. Council Member Feldhaus interjected and asked if Phase I will be built concurrently with the proposed Disney second gate project and also be completed in 2001. Grog Smith. The estimated completion time is October or November, 1999 and will be under construction concurrently with the Disneyland expansion. Council Member Tait. Mr. Smith mentioned a drop in General Fund revenues if the expansion is not done. He asked for clarification on that figure; Greg Smith. The net loss will be $7.5 million - it is a net swing of $7.5 million. 2 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, 1996 Bill Sweeney, Finance Director reported, on questioning by Council Member Tait, that the current revenue for TOT ~Transient Occupancy Tax) and sales tax for the entire City is approximately $36 million. Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. It is a pleasure to be present for the third time to lend support to the project and commend the fine work HOK has done. The Convention Center, as envisioned, is exactly what is needed for the future. The focus is mainly not only on what the improvements will do for the City, but also looking at the big picture, it translates to $1.2 Billion annually which is what the trade show industry is worth to Orange County and the City. The balance of Mr. Ahlers presentation concentrated on expressing the dire need for the expansion noting that in the years 1996 to 2000, it is estimated there will be a 38.6% increase in attendees and trade shows as relayed to him by the Center for Exhibition Research. With the expansion, they will continue to be solvent, but without it, they will slip and there is already evidence that their standing is beginning to erode. As an example, the Bureau received a letter on July 15, 1996 that the National Association of Music Merchants for 1998-1999 have elected to convene at the Los Angeles Convention Center because they have outgrown Anaheim. That show is a tremendous piece of business, but the good news is they will be back in Anaheim in the year 2000 if the Convention Center is expanded. (Mr. Ahlers submitted a copy of the letter along with a list of 60 groups who have indicated they will be unable to meet in Anaheim in the future unless the Convention Center expands representing a total economic worth of $1,313,091,000 -- years covered, 1998-2007.) At the conclusion of his presentation, Mr. Ahlers stated they have a chance to go forward or backward. They cannot stay where they are but have to go forward. He asked that they do the right thing and move the industry forward. Floyd Farano. He is appearing as the incoming President of the Chamber of Commerce. He had the pleasure of having been active in the City of Anaheim when the present Convention Center was dedicated in 1966. He supports all that Mr. Ahlers has said in the strongest possible terms from the standpoint of the business community. They are not satisfied to merely maintain market share, but want to go forward and take back what they have lost and at the earliest possible time. He asked that the Council give their sincere consideration to the project in the most expeditious manner possible. Greg Smith. Before concluding his remarks, he expressed his appreciation to the Council for their interest and continued support and also to the project team who have made the development to this point the success it is. City manager Ruth has been involved since the beginning. He then credited all those who have been key in the process. Mayor Daly. Relative to Mr. Ahlers' and Farano's comments, he noted that the Convention Center has been expanded four times over the 30-year pedod since its dedication. He then posed questions to staff relative to the cost-benefit of each of those expansions answered by Mr. Smith who reported that the easiest way to summarize the success is to look at generated TOT ('rransient Occupancy Tax) vs. the cost of the upgrade of the facility. Coopers & Lybrand indicated that 49% of the TOT generated is directly attributable to the trade show industry which does not take into account any other benefits or revenues generated such as additional sales tax or the notariety that has accrued to Anaheim. Over the past 30 years, the Convention Center has been a tremendous success story the City can be proud of. Council Member Tait then posed questions relative to the arena stating that he was not completely comfortable replacing the current multi-purpose arena with two specific-purpose buildings; Mayor Daly also asked under the most aggressive scenario when the decision would have to be made on the existing arena. Mr. Brubaker explained that they have found as the market becomes more and more sophisticated, the notion of a multiple function building less and less satisfies that market just as with football and baseball in the same stadium which is no longer done. He also gave a further explanation why it is no longer practical especially with regard to move-in, move-out time; Greg Smith. They are very happy with the arena and its functionality at this point. Phase 7 could be 25 years from now and it is not known, when the arena is 50 or 55 years old, whether it is going to need replacement. At that time, the replacement might have some other function than now. It is a good facility and the recommendation is that the arena stay as it is at the present time. 3 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY t996 Steve Schact, President of the Community Center Authority. He has come before the Council many times. He complimented Greg Smith and staff. The Community Center Authority endorses the project 100%. The Convention Center is something that belongs to the citizens. If they are going to keep pace with the future and keep Anaheim No. 1, it is necessary that the expansion go forward. Mayor Daly noted that two other members of the CCA were present, Pat Patterson, and Bob Hostetter explaining that the Authority is the governing body and advisory board for the Convention Center. He also acknowledged Tom Liegler, a consultant on the project, who was the General Manager of Anaheim Stadium and the Convention Center for many years. Jeff Kirsch, 2661 W. Palais, Anaheim. Relative to the use of glass in non-view locations, he asked if maintenance costs would be significant and if non view, would glass be an advantage. Relative to the tram service, he presumes it will have to be operated by the City or privately and there will be associated costs. He also has reservations about the garden being a significant contribution to the community at large. Mr. Kirsch's concerns were answered by Mr. Brubaker and Smith. Mr. Smith specifically emphasized that, relative to the garden(s), it is an important element the community should be enjoying. His personal goal will be to attract community events. Mayor Daly thanked everyone involved and especially members of City staff and the architect for all of the work that has gone into the project and the extensive presentation(s) before the Council. They will anticipate with great relish the item scheduled for next week's agenda recommending moving forward with the final architectural work and construction drawings. 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 ara to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Delmonico, et al., vs. City of Anaheim, et al., and 17 related cases, Orange County Superior Court Case No. 71-80-71. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Seeley vs. City of Anaheim, Orange County Superior Court Case No. 75-47-30. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, Anaheim Municipal Employees Association, and unrepresented Management. CLAIMS: Names of claimant: Evelyn Roper Agency claimed against: City of Anaheim CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY '16 '1996 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: 1 potential case. RECESS - CLOSED SESSION: Mayor Daly moved to recess into Closed Session. Council Member Feldhaus seconded the motion. MOTION CARRIED (4:26 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. (5:22 p.m.) INVOCATION: Reverend Bryan Crow, Garden Church, gave the invocation. FLAG SALUTE: Council Member Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing City of Anaheim employees who retired with more than 20 years of service. Garey Churchill who served in the Police Department for 30 and one half years was present to accept his Declaration. Mayor Daly and Council Members personally congratulated Garey and commended him on his long career serving the City and citizens of Anaheim. Mayor Pre Tem Lopez especially commended him having worked with Mr. Churchill in the City's Police Department. Presentation of the Declaration of Recognition recognizing Jeff Farano for receiving the Chapman University Ethics in Amedca Award was rescheduled to July 23, 1996. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. DECLARATION recognizing Bill Currier for his contribution to the Community Center Authority. PROCLAMATION recognizing July 18 - 21, 1996, as Non Commissioned Officers Association Days in Anaheim. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,265,718.24 for the period ending July 12, 1996, in accordance with the 1996-97 Budget, were approved. 5 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, 1996 Mayor Daly recessed the City Council meeting until alter the Redevelopment Agency and Housing Authority meetings. (5:31 p.m.) Mayor Daly reconvened the City Council meeting (6:01 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Adam Sandoval, CEO, Card Service A.C.T., 711 W. Bay Avenue, Newport Beach. He provides electronic banking services. He then explained his proposal to introduce ATM machines to be placed at locations such as public libraries, court houses, Police facilities, etc., which will provide safety to the public in using the machines. Mayor Daly. He asked that Mr. Sandoval provide a written description of his proposal/program to the City Manager since such proposals would have to be reviewed by him and subsequently to follow up with the City Manager. Angela Keefe, President, Hotel and Restaurant Employees Union, 2100 E. Katella Avenue, Anaheim. She is disturbed by actions taken by the City. She is late in coming to the meeting from yet another peaceful, lawful demonstration by the Members of Local 681 at the Convention Center. The Union asked the City to look into some issues and problems at the Convention Center and also sent a letter to the City Manager on what they believed to be illegal, if not unlawful, behavior by City uniformed security officers. There has been no answer back. At the same time, accusations were made by Aramark and Convention Center peraonnel about Union member behavior on June 19, accusations saying they had conducted an unlawful and uncontrolled picket line. Those accusations were unwarranted and she takes great umbrage being accused of such a thing. She explained why. As well, two attomeys from the City were dispatched to the picket line today. Aramak's proposal is to increase their profits by limiting service to customers, cutting hours of Union members by 1/3 to 50% thereby disqualifying them for health care benefits. Those employees are at less than the Federal poverty level. She would like to hear back from the City and to let the City know next year 3,500 of their members will be negotiating contracts dght in the canter of Anaheim. Mayor Daly. His understanding is that the legal counsel for the Union has been in contact with the City's legal counsel. He asked Ms. Keefe who else from the public payroll should put a lot of time into the matter. City Manager Ruth. The complaints were referred to the City Attorney's office and staff has also been in several discussions with the General Manager of the Convention Center to get background information relative to the incidents. Staff has yet to respond back. Mayor Daly. He reiterated if the Union attorneys are talking to the City's attorneys and if that communication is not productive, their attorney should not be talking to the City's attomeys or perhaps a phone call to him (Daly) to say it is not succeeding. He does not appreciate headng the concerns at the microphone since he feels it is a disservice to part-time policy makers. City Attorney White explained for the Mayor that he has never spoken to Ms. Keefe on any occasion. He did have contact last week with the General Manager of the Convention Center who said he was concerned, based upon the previous demonstration, about the activity possibly interfering with patrons attending events at the Convention Center and asked what legal recourse may be available. He 0Nhite) CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 indicated he would need to have first-hand knowledge and could not respond without having someone from his staff actually see what was occurring. He sent two of his attorneys to the Convention Center this afternoon. It was reported back to him that the demonstration appeared to be lawful, peaceful, and at this point in time, he does not believe there is any reason to do anything further. As an official of the City, he will continue to use his office and the resources at his disposal to protect the property of the City be it the Convention Center or any other location when it at all appears there may be a problem with regard to the business of the City being conducted. That is the reason he sent personnel to the Convention Center. Lucille Kdng, 1619 W. Lorane Way, Anaheim. She has seen the news of the Disney expansion in the paper quite a bit and although it will probably be a great asset when it is accomplished by providing many new construction jobs and bring in money with tourists, she is concerned the City is giving away money the City cannot afford. It is her opinion it could be better spent on fighting crime and public safety of the citizens. Just as with the $30 million the City is giving to the Disney Stadium expansion, she feels it is money that should have been used for more productive things for the City's residents. Al Leiden, Chief Finance Officer, Digital Imaging and Technologies, which is the business directly adjacent to the 'health spa" being considered for approval to be turned into a sex odented business (at Woodland and Magnolia in Anaheim). He attended the Public Hearing in the Council Chamber yesterday. The Headng Officer was clear that the extent of the comments from the public would be limited to the zoning and propriety of the application. He is present to express his company's corporate displeasure with the application. The Anaheim office is corporate headquarters for his company which employs 1,500 people world wide, 100 in Anaheim. Their customers are UPS, Federal Express, Pacificare, Bank of Amedca and other Fortune 100 companies. They constantly have customers visiting their corporate facility. He is expressing to the Council from the CEO of Digital Imaging that, should the establishment be allowed to open next to them, the company will be forced to move their business to another location. He believes there is a more apprepdate location for the proposed business within the zoning guidelines. Should Digital Imaging be forced to move, that loss will outweigh any gain the City will get from the new business. Everything they can do as a company, they will do to keep the establishment from opening. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of July 16, 1996. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations fumished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution No. 96R-129, for adoption. Refer to Resolution Book. Al. 118: Rejecting and denying certain claims files against the City. Referred to Risk Management. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 The following claims were filed against the City and actions taken as recommended: Claim submitted by David C. Koren for property damage sustained purportedly due to actions of the City on or about June 15, 1996. Claim submitted by Edith Holsclaw for damage sustained purportedly due to actions of the City on or about April 24, 1996. Claim submitted by Robert G. Valenzuela for property damage sustained purportedly due to actions of the City on or about May 3, 1996. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held June 5, 1996. 140: Receiving and filing the Anaheim Public Library Monthly Statistical Report for the month of May, 1996. 105: Receiving and filing minutes of the Mother Colony House Advisory Board meeting held May 13, 1996. A3. 123: Approving a Second Amendment to Agreement between Coast United Advertising, Inc., and the City of Anaheim, extending the term of the Agreement for one additional year, for bus bench installation and maintenance services. (Continued to this date from June 25, 1996, Item A5.) Mayor Daly. He understood this issue was recommended for a 30-day continuance since more work is necessary. City Manager Ruth. There was a report that did go to Council but if the Council needs more time, he would suggest a continuance. Council Member Lopez. He would like to know what revenue comes to the City and what is going to be put on the benches. There was some information in the report but there are questions he had which were not answered such as the revenue issues and if there was any control over the advertising and if the benches would be located on City property. City Manager Ruth. If the answers are not in the report, they will be included. He knows that certain types of advertising are precluded and would require City approval. The City would also receive 10% of the revenue generated. A4. 123: Approving a Seventh Amendment to Agreement with Eberhart and Stone, Inc., for geotechnical services pertaining to the Santiago Landslide. A5. 160: Accepting the Iow bid of Valmont Industries, Inc., c/o Matzinger-Keegan, Inc., in the amount of $20,952 for one tubular steel pole and attachments, in accordance with Bid #5557. A6. 123: Authorizing the execution of an Assignment and Assumption Agreement with Elite Maintenance, Inc., to reflect the corporate name of Western Maintenance Services, Inc., who will be assuming all duties as set forth in said Agreement. Council Member Lopez. His concern with a new maintenance company is to insure that ail the employees who will be working in the City departments and especially the Police Department are checked, that they are bonded, and their legal status is in order. City Manager Ruth. The maintenance company employees are bonded and Daryl Meekhoff, the City's Fleet/Facility Manager will make certain that the company complies in every respect. 8 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 AT. 153: RESOLUTION NO. 96R-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47, AND THE CITY OF ANAHEIM, IMPLEMENTING HEALTH COUNCIL RECOMMENDATIONS FOR 1997 REPLACEMENT HEALTH PLANS, AND ESTABLISHING A CITY CONTRIBUTION TOWARDS THE COST OF HEALTH COVERAGES FOR THOSE PLANS. A8.(1) 127: RESOLUTION NO. 96R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FOR THE SUBMISSION TO THE VOTERS OF THREE MEASURES RELATING TO (A) READING IN FULL OF ORDINANCES (CHARTER AMENDMENT) (B) PUBLICATION OF ORDINANCES (CHARTER AMENDMENT) AND (C) RETAINING THE CITY OF ANAHEIM TRANSIENT OCCUPANCY TAX AT CURRENT RATE OF 15%. (2) RESOLUTION NO. 96R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING PRIORITIES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING THE THREE CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR EACH. (3) OPTIONAL: RESOLUTION NO. -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES AT THE NOVEMBER 5, 1996, GENERAL MUNICIPAL ELECTION. Mayor Daly. Relative to the measure labeled c.) dealing with the approval of the current bed tax rate (TOT - Transient Occupancy Tax), the City Manager and City Attorney have prepared amended language and the Council needs to review and vote on the amended language. He is in support and recommends approval by the Council for placement on the November ballot. He will also ask the City Attorney, if possible, to reverse the order so that the most substantive of the amendments is placed first on the ballot. City Attorney White. He plans to discuss the matter with the City Clerk and will be happy to adjust the order. It makes sense since that particular amendment is the most substantive whereas the other two are basically 'housekeeping" items. Mayor Daly cladfied that what is now labeled item c.) will become a.) on the ballot since it is the most substantive item. MOTION. Mayor Daly moved to approve submitting the three measures to the voters including the amended language submitted by the Attorney's office relative to retaining the current TOT rate. Council Member Lopez seconded the motion. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-127 for adoption. Refer to Resolution Book. 127: RESOLUTION NO. 96R-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FOR THE SUBMISSION TO THE VOTERS OF THREE MEASURES RELATING TO (B) READING IN FULL OF ORDINANCES (CHARTER AMENDMENT) (¢) PUBLICATION OF ORDINANCES (CHARTER AMENDMENT) AND (A) RETAINING THE CITY OF ANAHEIM TRANSIENT OCCUPANCY TAX AT CURRENT RATE OF 15%. Roll Call Vote on Resolution No. 96R-127 for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-127 duly passed and adopted. 9 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 City Clerk Sohl. Relative to the next proposed resolution, it does have blanks. The Council has the first pdodty wdting arguments in favor or against. If the Council wishes to direct her, she will insert either the entire Council or any individual member's names who wish to sign the arguments in favor or against. Staff members can assist in wdting the argument. Mayor Daly. He would like to volunteer to sign the argument in favor on the TOT issue. He assumes there is time to indicate who will do se. Discussion then followed wherein the City Clerk explained that the resolution is to indicate if the Council has a preference in wdting arguments. If not, then the hierarchy of doing so is followed. She confirmed the deadline for acting is next Tuesday, July 23, 1996. The third resolution is optional regarding allowing rebuttal arguments. Mayor Daly. He has volunteered to sign a support argument for the newly relabeled first measure on the TOT. The Council has time to speak up at a later date if they want to sign either a pro or con argument on any of the three amendments. City Clerk Sohl confirmed for Council Member Zemel that the Council has indicated they want to wdte the argument in favor regarding the TOT tax. On the other measures, if the Council does not indicate they wish to do so, groups of citizens or individual citizens would have the opportunity to write arguments either in favor or against. Since the Council is placing the items on the ballot, the Council has the first opportunity at saying they wish to write an argument, reserving that to themselves. Mayor Daly offered Resolution No. 96R-128 for adoption. Refer to Resolution Book. RESOLUTION NO. 96R-128: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING PRIORITIES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING THE THREE CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR EACH. Roll Call Vote on Resolution No. 96R-128 for adoption: AYES: NOES: ASSENT: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-128 duly passed and adopted. Mayor Daly. Regarding the optional resolution, he recommends that they not proceed on that this evening but that it be placed back on the agenda for the next meeting. Ag. 114: Approving minutes of the Anaheim City Council meetings held June 18, 1996, and June 25, 1996. Roll Call Vote on Resolution No. 96R-129, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-129, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 10 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JULY 16, 1996 Al0. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30. 1996: Appointments and reappointments to the City's Boards and Commission was continued from the meetings of June 25 (A28) and July 9, 1996 (A29) to this date. BUDGET ADVISORY COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 2000: (Farano, Mc Cracken) Mayor Daly opened nominations. Council Member Zemel nominated Jeff Farano; Mayor Daly nominated Shirley McCracken. MOTION. On motion by Council Member Feldhaus seconded by Council Member Tait, nominations were closed. MOTION CARRIED. A roll call vote was taken on the nominees in the order in which they were nominated. Jeff Farano Ayes: Shirley McCracken Ayes: Abstained: Tait, Zemel, Feldhaus, Lopez, Daly Feldhaus, Lopez, Daly Tait, Zemel Jeff Farano and Shirley McCracken were thereupon reappointed to the Budget Advisory Commission for the terms ending June 30, 2000. COMMUNITY REDEVELOPMENT COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Linn) Mayor Daly opened nominatiods. Council Member Zemel nominated Bob Linn; Council Member Lopez nominated Frank Piscopo. MOTION. On motion by Council Member Zemel seconded by Council Member Tait, nominations were closed. MOTION CARRIED. A roll call vote was taken on the nominees in the order in which they were nominated. Robert Linn Ayes: Tait, Zemel, Feldhaus, Daly No: Lopez Council Member Lopez withdrew the name of Frank Piscopo. Robert Linn was thereupon reappointed to the Community Redevelopment Commission for the term ending June 30, 2000. COMMUNITY SERVICES BOARD FOR NEW TERMS EXPIRING JUNE 30, 2000: (Ramon, Engelbrecht, Rothrock, and Tarlton) Mayor Daly opened nominations noting that Mr. Ramon had indicated he did not wish to be reappointed. 11 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JULY 16~ 1996 Council Member Lopez nominated Rose Jurado; Council Member Feldhaus nominated Vivian Engelbrecht; Council Member Tait nominated Marjorie Rothmck; Council Member Zemel nominated FIo Tadton; Council Member Zemel nominated Michael Edmiston. MOTION. On motion by Mayor Daly seconded by Council Member Lopez, nominations were closed. MOTION CARRIED. A roll call vote was then taken on the nominations in the order in which they were nominated. Rose Jurado Ayes: Lopez, Daly Abstained: Tait, Zemel Council Member Feldhaus asked if they could come back to this nominee so he can bdefly review the applications. Mayor Daly noted at this time there are two affirmative votes, two abstentions and one non vote. The Council will return to the vote on Rose Jurado after voting on the remaining nominees. Marjorie Rothrock Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Vivian Engelbrecht Ayes: Tait, Zemel, Feldhaus, Lopez, Daly FIo Tadton Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Michael Edmiston Ayes: No: Tait, Zemel, Feldhaus Lopez Abstained: Daly Marjode Rothrock, Vivian Engelbrecht and FIo Tadton were thereupon reappointed to the Community Services Board for new terms ending June 30, 2000. City Attorney White. Even though Mr. Edmiston received three affirmative votes, technically they need to vote on Jurado because if Jurado received four, although it is 2-0 and 2 at the moment, if there was a fourth affirmative vote, Jurado would be elected. If Jurado gets three affirmative votes, there would be a tie. Council Member Zemel. He assumed if a person gets three votes, they are elected and Mr. Edmiston has three votes. City Attorney White. He does not believe so. "Nominations are voted on in the order made. The person receiving the highest number of affirmative votes constituting at least a majodty of the total membership of the Council, is elected. Abstentions shall not count as affirmative votes." The rule is basically silent. He urged the Council to vote and if it is then a problem, it can be discussed. Mayor Daly. Mr. Edmiston received three affirmative votes and the Council did not complete voting on Mrs. Jurado. At this time, she has two affirmative votes with two abstentions. He asked Council Member Feldhaus his desire regarding the Hurado nomination; Council Member Feldhaus answered that he would vote yes on Mrs. Jurado. City Attorney White. He suggested in that case that the appointment be referred to his office to make a legal ruling and bring it back next week as to whether or not it has or has not been an election. He does not feel comfortable with it at this time. He knows the order the nominations were voted on and which was the first to reach three but wants to make sure they are following the correct rule. Mayor Daly. He thought in the past when there was a tie that they continued to vote until the tie was broken; City Attorney White asked what the Council would like to do. 12 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Council Member Zemel. He was agreeable to having the matter reviewed and they could always vote next week. MOTION. Mayor Daly moved to continue the fourth position on the Community Services Board for one week for further direction and a report from the City Attorney. Council Member Feldhaus seconded the motion. MOTION CARRIED. Later in the meeting, Mrs. Jurado's name was withdrawn from consideration for the Community Services Board since she was instead nominated and appointed to the Senior Citizens Commission and, therefore, Mr. Edmiston was appointed to the Community Services Board by the vote indicated above. (Also see discussion under Senior Citizen Commission appointments.) HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Vacant-Slivka) Mayor Daly opened nominations. City Clerk Sohl clarified that she had posted and advertised the vacancy; however, the vacancy is a Tenant Commissioner where there are special requirements. The person has to reside in one of the Section 8 Housing Projects and, therefore, a special list of persons who would be eligible will be submitted to the Council. She recommends that the appointment be continued until the Community Development Department submits a list. MOTION. Council Member Zemel moved to continue the subject appointment to the first meeting in August (August 6, 1996). Mayor Daly seconded the motion. MOTION CARRIED. INVESTMENT ADVISORY COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Feltenberg) Mayor Daly opened nominations. Mayor Daly nominated Scott Feitenberg. MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. A roll call vote was then taken on Mr. Feltenberg. Scott Feltenberg Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Scott Feltenberg was thereupon unanimously reappointed to the Investment Advisoiy Commission for the new term expidng June 30, 2000. PARK & RECREATION COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Ontiveros) Mayor Daly opened nominations. Council Member Lopez nominated Manuel Ontiveros. 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, 199 MOTION. On motion by Council Member Zemel seconded by Council Member Feldhaus, nominations were closed. MOTION CARRIED. A mil call vote was then taken on Mr. Ontivems. Manuel Ontivems Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Manuel Ontivems was thereupon unanimously reappointed to the Park & Recreation Commission for the new term expidng June 30, 2000. PLANNING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Bostwick) Mayor Daly opened nominations. Council Member Feldhaus nominated Paul Bostwick. MOTION. On motion by Council Member Zemel seconded by Mayor Daly, nominations were closed. MOTION CARRIED. A roll call vote was then taken on Mr. Bostwick. Paul Bostwick Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Paul Bostwick was thereupon unanimously reappointed to the Planning Commission for the new term expidng June 30, 2000. SENIOR CITIZENS COMMISSION FOR NEW TERMS EXPIRING JUNE 30, 1999: (MacLaren, Melenberg) Mayor Daly opened nominations. Mayor Daly nominated George MacLaren; Council Member Feldhaus nominated Mr. Melenberg. Council Member Lopez stated that Mr. Melenberg did not wish to be reappointed; Council Member Feldhaus thereupon withdrew his nomination. Council Member Zemel. He asked Council Member Lopez if he knew the age range of Mrs. Jurado, He suggested perhaps that she be appointed to the Senior Citizen Commission. Council Member Lopez. He stated she is a senior and her name is on the interest list for the Senior Citizen Commission. Council Member Zemel nominated Rose Jurado for appointment to the Senior Citizen Commission. MOTION. On motion by Mayor Daly seconded by Council Member Tait, nominations were closed. MOTION CARRIED. A vote was then taken on the nominees in the order in which they were nominated. George MacLaren Ayes: Tait, Zemel, Feldhaus, Lopez, Daly 14 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Rose Jurado Ayes: Tait, Zemel, Feldhaus, Lopez, Daly Council Member Zemel. He moved to reopen the election to the Community Services Board relative to the unseated member. City Attorney White. What they am doing is reconsidering the vote on Mrs. Jurado as it now stands on the Community Services Board. His suggested motion is that the Council reconsider the vote of Mrs. Jurado as to the Community Services Board. MOTION. Council Member Zemel moved to reconsider the vote of Mrs. Jurado as to the Community Services Board. Council Member Feldhaus seconded the motion. MOTION CARRIED. Council Member Lopez withdrew Mrs. Jurado's name as a nominee for the Community Services Board. in view of the foregoing action, Mr. Michael Edmiston was thereupon appointed to the Community Services Board for the term ending June 30, 2000 by the previous vote taken -Ayes: Tait, Zemel, Feldhaus; No: Lopez; Abstained: Daly. A11. 105: APPOINTMENT TO THE COMMUNITY CENTER AUTHORITY: Appointment to the Community Center Authority to fill an unscheduled vacancy. (VVilliam H. Currier) City Clerk Sohl. Two letters were received just today, one from JoAnn Barnett and one submitted just before the meeting from Midam Kaywood. MOTION. Council Member Feldhaus moved for a continuance of the appointment to the Community Center Authority for one week in order to evaluate the letters/applications just recently received. Mayor Daly seconded the motion. MOTION CARRIED. A12. 132: PUBLIC HEARING - REGULATION OF SOLID WASTE COLLECTION BINS AND DROP-OFF BOXES ILLEGALLY DEPOSITED IN THE CITY: To consider the adoption of an ordinance and resolution which will establish a procedure to regulate bins and drop-off boxes and a schedule of fees and charges for removal of said bins and drop-off boxes. The schedule of fees and charges will be used only when a bin or drop-off box is illegally deposited in the City. ORDINANCE NO. 5572 (INTRODUCTION) Adding a new Chapter 10.11 to Title 10 of the Anaheim Municipal Code, consisting of Sections 10.11.010 through 10.11.050, inclusive, relating to bins and drop-off boxes. Submitted was report dated July 16, 1996 from the Public Works Department recommending approval of the proposed ordinance and a resolution imposing a schedule of fees and charges for same. Mayor Daly asked if anyone wished to speak relative to the proposed ordinance and resolution recommended by City staff; there was no response. Mayor Daly closed the Public Hearing. Mayor Daly offered Ordinance 5572 for introduction. ORDINANCE NO. 5572 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW CHAPTER 10.11 TO TITLE 10 OF THE ANAHEIM MUNICIPAL CODE, CONSISTING OF SECTIONS 10.11.010 THROUGH 10.11.050, INCLUSIVE, RELATING TO BINS AND DROP- OFF BOXES. 15 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY '16 1996 RESOLUTION NO. 96R ..... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A SCHEDULE OF FEES AND CHARGES FOR BINS AND DROP-OFF BOXES. The proposed resolution was continued one week to be acted upon at the time of adoption of the ordinance. (A Resolution of the City Council of the City of Anaheim adopting a schedule of fees and charges for bins and drop-off boxes.) ITEMS BI - B4 FROM THE PLANNING COMMISSION MEETING OF JULY 8t 1996: INFORMATION ONLY - APPEAL PERIOD ENDS JULY 18~ 1996: B1. 179: CONDITIONAL USE PERMIT NO. 3836 - REQUEST FOR REVIEW AND APPROVAL OF LANDSCAPE PLANS AND EXTERIOR BUILDING EI. EVATION DRAWINGS: TOM RIGGLE OF ROBERT H. LEE & ASSOCIATES, INC., 1201 South Beach Boulevard, Suite 207, La Habra, CA 90631. LOCATION: Property is located at 1801 South State Colle~le Boulevard (ARCO AM/PM). Petitioner requests review and approval of landscape plans and exterior building elevation drawings for Conditional Use Permit No. 3836 (to establish a 2,796-square foot service station with an accessory convenience market providing sales of beer and wine for off-premises consumption). ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED, IN PART, maximum height to three foot berm on landscape, and approve design plan (6 yes votes, I absent). See Public hearing, Item D1. on today's agenda where action was taken. B2. 134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN FOR COUNTY USE OF DONATED SPACE: REQUESTED BY: COUNTY OF ORANGE, GENERAL SERVICES AGENCY, ATTN: LEE COLLINS, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701. LOCATION: 131 West Midway Drive. The General Services Agency requests determination of conformance with the General Plan. Donated space consists of five unfurnished offices and a reception area within Paul Revere Elementary School, to provide health care services for students and parents. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED conformance with the General Plan (6 yes votes, 1 absent). B3. 134: REQUEST FOR DETERMINATION OF CONFORMANCE WITH THE GENERAL PLAN FOR COUNTY USE OF DONATED SPACE: REQUESTED BY: COUNTY OF ORANGE, GENERAL SERVICES AGENCY, A'I'TN: LEE COLLINS, 14 Civic Center Plaza, Third Floor, Santa Ana, CA 92701. LOCATION: 425 South Harbor Boulevard. The General Services Agency requests determination of conformance with the General Plan. Donated space consists of 50 square feet within an existing office at the Anaheim Police Department Headquarters to provide limited probation services. ACTION TAKEN BY THE PLANNING COMMISSION: APPROVED conformance with the General Plan (6 yes votes, I absent). 16 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES JULY 16~ 1996 B4. 155: ENVIRONMENTAL IMPACT REPORT NO. 281 FINAL SITE PLANS FOR VESTING TENTATIVE TRACT MAP NOS. `15121 AND `16123: OWNER: SHEA HOMES, 655 Brea Canyon Road, Walnut, CA 91789 AGENT: HUNSAKER &ASSOCIATES, Attn: Dan Hosseinzadeh, 3 Hughes, Irvine, Ca 92718 LOCATION: Property is an irregularly-shaped parcel of land consisting of approximately 23.0 acres located at the southwest comer of Garden View Drive and Cioverdale Drive and further described as Vesting Tentative Tract map Nos. 15121 and 15123 (within Development Area 204 of the Summit of Anaheim Hills Specific Plan No. SP88-2). etitioner requests review and approval of Final Site Plans for Vesting Tentative Tract Map No. 15121 (to establish an 8.8-acre, 31-1ot single-family subdivision, including 30 single-family residences and one open space lot) and Vesting Tentative Tract Map No. 15123 (to establish a 14.2-acre, 31-lot single-family subdivision, including 30 single-family residences and one open space lot). ACTION TAKEN BY THE PLANNING COMMISSION: Final Site plans for Vesting Tentative Tract Map Nos. 15121 and 15123 APPROVED (6 yes votes, I absent). EIR NO. 281 previously certified. End of Planning Commission Items. D1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3836 AND NEGATIVE DECLARATION: OWNERS: ARCO PRODUCTS COMPANY, Attn: John Lindskog, 4 Center Pointe Drive, 3rd Floor, La Palma, CA 90623 CLARENCE D. and RHEA L. MEDDOCK FAMILY TRUST, 1420 E. Katella Avenue, Anaheim, CA 92805 AGENT: ROBERT H. LEE & ASSOCIATES, Attn: Tom Riggle, 1201 S. Beach Blvd., Suite 207, La Habra, CA 90631 LOCATION: 180'1 South State College Boulevard (Arco Service Station). Property is approximately 0.91 acres located at the southwest comer of Katella Avenue and State College Boulevard. To establish a 2,796-square foot service station with an accessory convenience market providing off-premises sale and consumption of beer and wine with waivers of minimum number of trees and required parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3836 GRANTED, IN PART, (PC96-47) (6 yes votes, 1 absent). Denied waiver of code requirement. Approved Negative Declaration. Informational item at the meeting of June 18, 1996, Item B2. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Lopez and Feldhaus at the meeting of June 18, 1996, and Public Hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in North County News - July 4, 1996 Mailing to property owners within 300 feet - July 1, 1996 Posting of property - July 4, 1996 Staff input: See Staff Report to the Plannin Commission dated May 29, 1996. 17 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, 1996 Council Member Tait. He is declaring a conflict of interest on this item since his firm provides engineering services to the Arco Products Company. He will, therefore, be abstaining from any discussion or action. (Council Member Tait temporarily left the Council Chamber, 7:12 p.m.). Greg Hastings, Zoning Division Manager. He summarized the project as outlined in the staff report. He then explained since the time the Council set the item for a Public Headng, the applicant submitted revised landscaping, sign, and elevation plans. The Planning Commission recommended the revised landscape and sign plans be approved. Landscape plans were greatly enhanced eliminating all waivers and the sign plan modified to comply with all the conditions the Commission was opposing. The Commission also reviewed revised building elevations which the Commission felt were of a lesser quality than the originally approved elevations. The Commission recommended that the odginal mission style elevations be maintained with several enhancements being made as reflected in the recommended conditions of approval. If the Council approves, staff does have some suggested changes to the conditions including conditions pertaining to pay phones and public restrooms. The applicant has a copy of the changes and he has extra copies for review. Mayor Daly. This neighborhood is under study right now by the Planning Department for what will likely emerge as a specific plan recommendation. He asked staff their thoughts about the design of the project and the anticipated design issues that will be dealt with by the Specific Plan. Annika Santalahti, Zoning Administrator. That phase of the study is underway. Unfortunately, there are no specific recommendations, designs or ideas about landscaping that have been adopted or established. There have been only two meetings on the subject; therefore, there is nothing to compare the project to in real details but will be able to do so in the future. Staff has encouraged the developer to do as good a project as they can. The developer can speak to the standards proposed. The Planning Commission was aware of the concerns of the Council. Council Member Lopez. He met with the Arco people in the meantime and they gave him details on the project. He was satisfied that they were going to go all out on the project. His other concern was the off- sale beer and wine. He knows there is probably not a lot of cdme in the area related to beer and alcohol. A representative from the Police Department is present. Tom Engle, Personnel Officer, Police Department. The cdme rate in the area is 17% below the City average. Three off-sale licenses are allowed in that tract and there are only two presently. This would bdng it up to the maximum and the Police Department is recommending approval of the proposal at this time. Council Member Lopez. He expressed concem when there are events at the Stadium and people start forming a line about 10:00 a.m. for a 2:00 p.m. concert and start drinking beer and smoking controlled substances thereby becoming a Police problem. He is concerned about the accessibility of beer and wine so close to the Stadium but has been assured by the management that it will be a managed-owned station and insured that type of activity will be controlled. Tom Engle. The Police also expressed those concerns and they have answered in the same way, that they will take cam of the problem. He reiterated that the Police Department is satisfied. Council Member Feldhaus. He would like to hear staff's lasttest analysis on the restroom issue and the public pay phones. Greg Hastings. He then read a standard condition requiring separate men's and women's restrooms on the premises open during business hours; Council Member Feldhaus. That is language which used to be part of the standard conditions but somehow dropped out. Mr. Hastings confirmed that was correct. He continued that the other condition relative to telephones, although the applicant indicated there won~ be any telephones outside the building, in case they would want to have those telephones, that condition would be worded, "That there should be no coin operated 18 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 telephones on the premises that are located outside of the building unless such telephones are affixed to the building wall and located within 15' of the main entrance to the building." Council Member Feldhaus. His concern relative to a pay phone(s) is that it should be the applicant's prerogative and would allow the latitude for putting one in if they wished. Mayor Daly opened the Public Headng. John Linstock, Senior Real Estate Negotiator, Arco Products, 4 Center Point Drive, LaPalma. The project before the Council tonight has been many months in design. They have worked with staff to achieve answers to all of the concerns. A traffic and pedestrian survey was conducted. The profits for the City will be substantial sales tax revenue generation. Further, there was a previously proposed and approved Taco Bell to be built on the site which would have allowed four curb cuts to remain on Katella for ingress and egress. With Arco's project, there are only two. The overall intensity will be decreased. Arco is also making a dedication, the third one, which will enable the City to make the street improvements to widen the intersection. The architectural consultant is present tonight who would like to address some of the items in the conditions and a rendering is also to be presented. The building being proposed is based upon the odginal design submitted. Tom Riggle, Robert H. Lean, 1201 S. Beach Blvd., LaHabra 90631. He first submitted a colored printed computer rendering of the facility showing the improvements being discussed. There have been several iterations of the plans submitted to the City and staff. Within the conditions before the Council this evening, there are several descriptions of those plans. He then explained the evolution of the plans and the changes. In finality, they revised plans back to the original submittal, provided the upgraded accents of the tile, the base material and the columns on the canopy and resubmitted the plans. They have retained the improvements to the landscaping which included berming and all the trees required by code as well as a couple of sign issues which were discussed throughout the process. Regarding restrooms and pay phones, there are two restrooms available by a secudty lock entrance and the attendant has visual contact to those restrooms to prevent anyone from entedng he does not know about. Relative to pay phones, they are in agreement that there should not be any pay phones on the site. They appreciate the concern in providing them with the opportunity to have pay phones inside if they wish but there will be no pay phones on site at this facility. Council Member Feidhaus stated that his concerns have been answered and he is ready to move fo[ward with this proposal. Mayor Daly asked if anyone else wished to speak in favor or in opposition or if there are any additional comments by staff or the applicant; there was no response. Mayor Daly closed the Public Hearing. Greg Hastings confirmed for the Mayor that the plan given to the Council today is the plan that reflects what the Planning Commission asked for. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Zemel, seconded by Council Member Feldhaus, 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. MOTION CARRIED. Mayor Daly offered Resolution No. 96R-130 for adoption. Refer to Resolution Book. RESOLUTION NO. 96R-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3836 IN PART. 19 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 Roll Call Vote on Resolution No. 96R-130 for adoption: AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait The Mayor declared Resolution No. 98R-130 duly passed and adopted. C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report at this time. C2. COUNCIL COMMENTS: 114: Mayor Daly. He has two follow-up items related to the recent passing of Elizabeth Schultz. If Council agrees, he would like staff to prepare a Resolution of Condolence for the family of Mrs. Schultz consistent with a tradition the Council has followed in the past. Secondly, he is asking the City Manager to suggest an appropriate memorial for Mrs. Schultz at the Main Library History Room (the formedy named Elizabeth J. Schultz History Room) that would explain her involvement with the History Room over the years and her contributions to the Library system. He is asking for a report back as to the City Manager's suggested approach. 114: ABANDONED SHOPPING CARTS: Council Member Feldhaus. He has a report relative to the shopping cart issue (see minutes of 6/18/96 where Council Member Feldhaus introduced the subject/problem relative to abandoned shopping carts). John Poole, the City's Code Enforcement Manager and he met this morning with the American Grocers Association and also the National Association of Shopping Cart Retrieval. There is a definite spidt of cooperation in this area and a report will be forthcoming within the next week on what can be done. The problem is with AB317, a Bill opposed by the League of Cities, which has gone through the Appropriations Committee and on to the Governor's Office who has until September to sign it; however, last year, he vetoed the same Bill. The Bill takes away the right of cities, including Charter cities, to regulate their own problems in this regard. The legislation is sponsored by the National Grocers Association which takes away the City's right to control itself. It would require that any shopping cart be reported directly to the retrieval service and they would promise to pick the cart up within three days. He feels the Council should take a look at this legislation, get a consensus and subsequently send a letter to Governor Wilson stating the Council does not agree with the Bill and asking him to veto it. A brief discussion followed relative to possibly sending individual letters or a FAX immediately from the City Manager's Office; Council Member Feldhaus stated he believes that Kristine Thalman, the Intergovernmental Relations Officer is preparing an appropriate letter. In finality, it was determined that the item would be placed on the Council Agenda of July 23, 1996 for Council consideration and consensus for sending a letter of opposition to the Bill as well as a staff report giving the details and specifics of the proposed legislation. 2O CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES JULY 16, t996 114: ACCESS TO STAFF REPORTS AND WORK-IN-PROGRESS: Council Member Zemel gave a bdef scenado of an incident that took place the previous week which was disturbing to him. The Council (individually) had presentations on the potential financing package on the Disney expansion which was a very extensive document and something that requires time to analyze in detail. After about a 45-minute presentation, he realized it would be impossible for him to understand in that time, but when he asked for a copy of the documentation, he was told he could not have a copy and that it was policy. It is disturbing to him as an elected official that he cannot get a copy of something being presented of an approximate .5 billion dollar magnitude. He wanted to review it over the weekend to understand it and be supportive or not, or to give some input. If there is a policy, he would like to know how it was set, when it was set, who voted on it, and when. He feels the Council should have access to staff reports, work-in-progress, presentation materials, etc. He would like to agendize the issue for discussion and in the meantime will have an opportunity to wdte a memo by next Tuesday. He cladfied for the Mayor he would like to know of some policy he does not know about and to have the opportunity to adjust that policy. He has addressed the issue with the City Attorney and City Manager to some degree. The sensitivity of the issue is so great, he will reserve judgment until he finds out if it is policy. He would like to have the Council take a position -- to review whatever policy is in place, if any, take a position, and indicate to the City Manager how they want it to be. Mayor Daly asked the City Manager and City Attorney to comment. City Manager Ruth. He was not in town at the time this occurred but the difficulty is, when getting into a project and particularly one of this complexity and magnitude and shadng the information with different parties, that information changes almost daily. Staff's job is to formulate recommendations for Council consideration and review, so they can ultimately take action. Records or paperwo~ have always been made available to the Council. Until staff gets a final package where they feel they have done their reseamh and due diligence and it is something staff can recommend for Council consideration, they have been very reluctant to release the information. Ultimately it ends up in the newspaper and it is half information or bad information or the information has changed. They then find themselves in a position defending or justifying something that is not even going to be recommended for Council consideration. In this case, he has directed staff to put together a package for Council consideration which they will have by Thursday of this week which outlines all the different papers they have dealt with in terms of the work product dudng this pealed of time. Some is not relevant, but most is. Staff felt it was premature to give out that information in advance because it was very fluid and changing daily and even as late as this morning. When staff comes forward with a recommendation, that is their "best shot" based on their analysis and review and at that point in time Council is entitled to it. When they make the recommendation there is no problem in providing that background information. It is a matter of timing, not to keep it from the Council. Council Member Zemel. He feels it is ill advised to have a policy to keep information from the elected representative. He resents being told he cannot see it until it is done. City Attorney White. This is ultimately a matter controlled by the provisions of the Public Records Act. There are instances when matters are in negotiation and in progress where the City has taken the position routinely in the past that documents are not available to members of the public although not to confuse that with a member of the Council. The issue here is whether the Council has rights greater than members of the public or whether the Council as a body controls the document or a flow of information. He will be happy to submit a report but does not feel comfortable tonight to extemporaneously expand on it other than to the extent that he has. Council Member Zemel. He will be formulating exact questions to be answered; City Attorney White. He invites Council questions. He reminded the Council, however, that he will not be present next week but will have answers/report by Friday. This issue will be placed on the Council agenda of July 23, 1996. 21 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES JULY 1996 114: PRIVATE-PUBLIC SECTOR COMPENSATION COMPARISON: Council Member Zemel. On June 20, 1995, the Council discussed direction to be given to the Budget Advisory Commission (BAC). One of the items called out in a motion he made to approve the Commission's Work Plan for 1995-1996 was a compensation comparison between the public employee and the private sector. He does not believe that was done. He asked a few of the Commissioners why it was not done since it was on their Work Plan. Some said they did not know about it or it may have been forgotten. Council Member Zemel referred to the age-old argument where the conservatives and business people of the community continue to say that City employees are paid at a much higher rate than the pdvate sector and public employees say that is not tree. He would like the SAC given that direction again since the Council approved the motion unanimously that it be done. He would like to now reinstruct the Commission to provide this comparison or agendize the matter for next week. City Attomey White. This matter should be an agendized item for a subsequent meeting. City Manager Ruth. As Council Member Zemel will recall, staff gave the Council a very thorough packet of information a couple of weeks ago that outlined every meeting they had on the subject. Staff also made two lengthy presentations before the BAC on salary and wage compensation in the City. Staff attempted on both occasions to provide public-private sector comparisons. The difficulty they found, the Commission did not wish to do that because they saw themselves as setting policy. They did took at containment --what the City is doing to contain costs, to reduce costs, to reduce benefit packages, etc. They did not see themselves getting into the inner workings of the City operation or administrative detail. They also found it very difficult to get any information whatsoever from the pdvate sector relative to the public-private compensation issue. Council Member Zemel asked if they were given the job and did not want to take it. City Manager Ruth. He reiterated staff attempted to follow Council direction and made two major presentations to the BAC on the issue. They gave the Commission all the data staff had, answered all the questions trying to show them comparisons within the public sector and extracted what information they could from the pdvate sector. All of that information was in the packet given to the Council. Staff followed up but the general feeling of the Commission, and he could stand to be corrected, they felt they were not in a position to do the surveys and get that information. The BAC looked at the compensation package from a general policy standpoint and recommended to Council those kinds of general policies on cost containment which they felt were essential. It is not a matter of the BAC not wanting to do it. He does not believe they knew how to go about doing it and they were not getting cooperation from the pdvate sector. They felt their charge, as they looked at vadous issues throughout the year, was to give general direction to the City Council in terms of what policy recommendation they would submit for Council consideration. It was not to get into the finite details of administration. Council Member Zemel, after a further brief discussion, stated he would like the Commission to do that; City Manager Ruth. Staff will be glad to stay out of it, but the Commission is not going to go out and do the survey. Council Member Zemel. He would like to agendize the matter for next week and to get a reperl from the Budget Advisory Commission as to why they cannot do the survey. At that time, he will attempt to make a motion that will give the Commission the direction again and/or give masons why they cannot do so. ADJOURNMENT: By general Council consent, the Council Meeting of July 16, 1996 was adjourned (7:45 P.M.) LEONORA N. SOHL CITY CLERK 22