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1996/08/13CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 13, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Tom Daly COUNCIL MEMBERS: Lou Lopez ASSISTANT CITY MANAGER: Dave Morgan CITY A'i-rORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING DIVISION MANAGER: Greg Hastings A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10:30 a.m. on August 9, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:00 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 organization: Anaheim Fire Association Association. and Anaheim Municipal Employees CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Delmonico, et al. vs. City of Anaheim, Orange County Superior Court Case No. 70-80-71. (and 16 related actions) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Properly: 2000 Gene Autry Way (Sporlstown) Negotiating Parties: City of Anaheim and all interested developers. Under Negotiation: Price and terms CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956: one potential case CLAIMS: Names of Claimants: Lavem Weitl, Cynthia Thompson, Patsy Thompson, Jimmie Thompson, and Connie Walters. Agency claimed against: City of Anaheim CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 13, 1996 By general consent, the Council recessed into Closed Session. (3:01 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Council Member Lopez, and welcomed those in attendance to the Council meeting. ( 5:40 p.m.) INVOCATION: There was a moment of Silence in lieu of an invocation. FLAG SALUTE: Mayor Tom Daly 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 and presented to Liz Cason recognizing the honor bestowed upon her in receiving the Sarah Fay Pearson Award from the Women's Division of the Chamber of Commerce. After comments by Mrs. Cason, Mayor Daly and Council Members congratulated and commended her in having received this most prestigious award. Members and officials of the Chamber of Commerce were also present on behalf of Mrs. Cason. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: NONE FINANCIAL DEMANDS AGAINST THE CITY in the amount of $6,785,426.80 for the period ending August 9, 1996, 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. (5:46 p.m.) Mayor Daly reconvened the City Council Meeting ( 5:48 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. 2 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 ITEMS OF PUBLIC INTEREST: Kurt Phelps. He is representing Anaheim Pony Baseball and is present to emphasize the great achievement of the team consisting of 11 and 12-year old players who are on the verge of winning the World Series title. No Anaheim team has ever Peen in World Series competition at this level. He then gave an extensive briefing on the team, what it has done thus far to get to this point, the value of the league to the youngsters and the community and also to talk about things they can do to honor the team's wonderful achievement. The team has become not only Anaheim's team, but the nation's team. It has been a wonderful and unique expedenca which he wanted to share with the Council. Mayor Daly. The City and the Council look forward to welcoming the team home with a suitable ceremony at a Council meeting whether they win or lose. Jeff Kirsch, 2661 W. Palais, Anaheim. He received a notice of the pending Planning Commission hearing on the Disney theme park expansion. He has also reviewed the sizeable backgreund on the project. The Planning Commission headng is scheduled in only one week (8/19/96). He is following up with the Commission to request a continuance because he feels it is too short a time to review the volume of material on a project of such importance to the City. His request to the Council tonight revolves around the absence of a financial agreement in the material. It is necessary to see the financial document to know whether there is a fair trade to the community -- the financial benefits vs. the unmitigated or significant impacts from the project. Dave Morgan, Assistant City Manager. The Planning Commission will be reviewing the land use aspects of the agreement and that will occur on August 19. Once the Planning Commission has done so, the development agreement and financial agreement which are currently being negotiated will be available for public review. Staff anticipates bdnging both of those documents to the full Council sometime in Septemper. It is a matter of sequence at this point. That information should and will pe available well in advance of consideration by the Council. Jeff Kirsch. One other item he feels will be useful is an economic study such as the one presented when the Wescor preject was preposed. Doug Hamilton, 2044 N. Silverwood Street, Orange 92865. He is part owner of the preperty at the comer of Euclid Street and Ball Road where his family has owned the property for more than 45 years. His concern is with the pdvate signs that are placed on his property. He spent about $55,000 last year on property improvements and putting up new signage. When someone places unwanted signs on his property and he has to take them down, it causes an additional expense having to repair the damage that occurs to his poles. Code Enforcement has told him because the signs are placed on private property, it is difficult for the City to do anything and it is also necessary that the owner catch the trespasser putting the signs up. Since he is an absentee owner, it is impossible to do so. His request and hope is that some action can be taken as a City to stop the situation. It is one no different than dealing with graffiti taggers. The signs are uninvited, do costly damage, and are unsightly. He clarified for the Mayor it is the private companies (or individuals) who without permission post signs on pdvate preperty that he wants City government to become involved in either regulating or intervening in the matter. Mayor Daly. Mr. Hamilton brings up a situation that has increasingly become a problem and City government may have to look at ways to intervene. There has been a preliferation of signs such as the ones he (Hamilton) brought to the meeting tonight. When the signs are posted on public preperty, the City has had a tradition of removing them. On pdvate property, there is a sensitivity to City employees removing signs along with the difficulty of not knowing if the preperty owner has given permission for the CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 installation of signs or not. He shares Mr. Hamilton's concern and he was going to bring the issue up under Council comments today. He feels it is necessary for the City to find some mechanisms to either play a role in lessening the problem or informing property owners what their rights are. Doug Hamilton. In talking to the City Attorney's office and the City Manager's office, they seem to be supportive. He wants the issue to be a matter of public record because he feels it is a big issue. He is hoping there is something that can be done to make it illegal for the promoter of off-site events to post their signs without a City permit and with such a permit, file an approval letter with each affected private property owner. If it is illegal without acquiring a permit, it would allow the property owner to go to the promoter. City Attorney White. There are two basic ways to deal with any type of regulatory problem -- through a criminal process or a civil process which he proceeded to explain. Mayor Daly interjected and asked specifically if cities can reasonably regulate the posting of private signs on pdvate property in the case where pdor permission has not been granted. City Attorney White. Cities can adopt ordinances but it becomes difficult as far as enfomement, i.e., catching the person placing the signs and getting the courts to impose criminal sanctions on someone for what the courts do not see as a criminal as much as a civil problem. The civil process is the private property owner's right to seek civil redress when somebody damages his or her property. Mr. Hamilton has to some extent been pursuing that already. The quickest, most expeditious way would be to bring a Small Claims action. Council Member Tait. Mr. Hamilton touched upon a permitting process which would seem to be a viable mechanism. City Attorney White. At the Council's direction, staff would be happy to explore the matter working with Code Enforcement to determine what types of process could be put in place. The concom he would have would not only be to adopt an ordinance but then to have some mechanism where it could reasonably be enforced. Mayor Daly. He asked staff to follow up and bring some ideas back for Council consideration on how the situation could be handled. He also suggested that the Chamber who represents the local business community participate in the discussion and identify potential solutions. Later in the meeting, under Council Comments, Mayor Daly gave additional comments relative to the issue and formalized the earlier request regarding ideas and recommendations from City staff. Secondly, he feels it is time for a stepped up effort regarding signs posted on public property where the City does have a clear established authority. He knows that the Code Enforcement Program recently has invited more volunteers to join with them. Perhaps one area for volunteer involvement would be the removal of signs which are clearly posted illegally. There has been a proliferation of signs in the parkways as well as along major arterials. Any recommendations from staff on that issue will be welcome as well. Council Member Feldhaus reminded him that he (Daly) had mentioned recently the idea of a formal program of cleanup under the direction of the City where signs would be removed if put up illegally. There should be a combination of Code Enforcement volunteers and regular City staff. He will follow up with the City Manager's office on that matter. He feels there is a need for an enhanced cleanup program particularly on weekends when signs are clearly up illegally. They will look fonNard to receiving a report before taking any action. Shirley McCracken, 6553 Calle Del No~le, Anaheim, President, Anaheim Arts Council. During budget hearings, a member of the public came forward and expressed the wish that there would be mom adult events scheduled at Pearson Park. The Arts Council hopes the Council will move forward with positive 4 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 policies to support programs at Pearson Park. She then announced at least one adult event that will be taking place at the Park -- Country-Western Night, Saturday, August 24, 1996 from 6:30 p.m. to 10:00 p.m. They want to take back their park and make full use of a tremendous City asset. 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 August 13, 1996. Council Member Zemel seconded the motion. Council Member Lopez was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Zemel, 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 Resolution Nos. 96R-144 through 96R-146, both inclusive, for adoption. Mayor Daly offered ordinance No. 5573 for introduction. Refer to Resolution/Ordinance Book. Al. A3. 118: Rejecting and denying certain claims flied against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Laveme Patsy Weitl for bodily injury sustained purportedly due to actions of the City on or about February 21, 1995. b. Claim submitted by Cynthia Ann Thompson c/o Richard M. Hawkins, Esq. for bodily injury sustained purportedly due to actions of the City on or about February 21, 1995. c. Claim submitted by Patsy Thompson c/o Richard M. Hawkins, Esq. for bodily injury sustained purportedly due to actions of the City on or about February 21, 1995. d. Claim submitted by Connie Sue Waltdp c/o Richard M. Hawkins, Esq. for bodily injury sustained purportedly due to actions of the City on or about, February 21, 1995. e. Claim submitted by David L. Ramirez for property damage sustained puqoortedly due to actions of the City on or about June 10, 1996. d. Claim submitted by Jori Hoffa for property damage sustained purportedly due to actions of the City on or about, May 28, 1006. e. Claim submitted by Lindsey Climer for property damage sustained purportedly due to actions of the City on or about December 30, 1995. 164: RESOLUTION NO. 96R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE MASTER PLAN FOR SEWERS AS IT PERTAINS TO THE SOUTH CENTRAL AREA OF THE CITY OF ANAHEIM. 164: RESOLUTION NO. 96R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A REVISION TO THE MASTER PLAN FOR DRAINAGE AS IT PERTAINS TO THE SOUTH CENTRAL AREA OF THE CITY OF ANAHEIM. 5 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 A4. 160: To consider accepting the Iow bid of Trak Engineering, Inc., in an amount not-to-exceed $144,185.00 (plus any applicable taxes) for the purchase and installation of an electronic automated fuel system, in accordance with Bid #5528. Submitted was report dated August 7, 1996 from the Purchasing Agent recommending the acceptance of the subject bid. Also see letter dated July 22, 1996 from RAPAC Network International formally protesting the City's decision to award to TRAK and requesting a formal meeting with staff to discuss the matter. Dave Morgan, Assistant City Manager. Staff is recommending that this item be removed from the agenda at this time to be rescheduled at a later date. Mayor Daly noted that a Mr. George Prince, Vice President of RAPAC, Western Region requested to speak to this item. He assumes since the item has now been removed by staff that Mr. Prince will follow up with staff but he is also welcome to give any comments he may have if he wishes to do so at this time. This item was removed from the agenda at this time as requested by staff. A5. A7. A8. A9. Al0. 160: Accepting the Iow bid of Zumar Industries, in an amount of $122,955.00 for street signs, posts and anchors for a period of one year, beginning August 1996, with options to renew for an additional three years, in accordance with Bid #5566. 160: Waiving Council Policy No. 306 and authorizing the Purchasing Agent to issue a Purchase Order to G & W Electdc Specialty Co., c/o Banes Associates, in the amount of $33,600.00 (plus applicable taxes) for eighty each cable termination kits for warehouse inventory stock. 113: RESOLUTION NO. g6R-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD (HOUSING AND NEIGHBORHOOD PRESERVATION DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT). 150: Authorizing the Assistance League of Anaheim and the Anaheim Arts Council, per City Code, to serve wine and beer at private preconcert receptions at Pearson Park Amphitheater. 107: ORDINANCE NO. 5573: (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM DELETING FROM THE ANAHEIM MUNICIPAL CODE SECTION 15.02.111 OF CHAPTER 15.02 OF TITLE 15, WHICH SECTION AMENDED A PROVISION OF ARTICLE 100 OF THE NATIONAL ELECTRICAL CODE, 1993 EDITION, DEFINING "QUALIFIED PERSON." 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 and July 16, 1996, Item A3.) A11. 114: Approving minutes of the Anaheim City Council meeting held July 23, 1996. Roll Call Vote on Resolution Nos. 96R-144 throu(ah 96R-146, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Lopez CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 The Mayor declared Resolution Nos. 96R-144 through 96R-146, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED (Council Member Lopez was absent.) ITEMS B1 -B7 FROM THE PLANNING COMMISSION MEETING OF JULY 22~ 1996. INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 13~ 1996: B1. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3851 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-05 OWNER: UNION OIL COMPANY OF CALIFORNIA, Attn: Phillip Dedge, P.O. Box 25376, Santa Ana, CA 92799 AGENT: Scott Peotter, 1 Corporate Park, Suite 101, Irvine, CA 92714 LOCATION: 3731 East La Palma Avenue (Unocal Service Station). Property is a rectangularly- shaped parcel of land consisting of approximately 0.54 acres located at the northwest corner of La Palina Avenue and Tustin Avenue. To permit a service station with an accessory convenience market with sales of beer and wine for off-promises consumption with waivem of minimum number of trees, required setback adjacent to interior property lines and maximum sign size. Petitioner further requests determination of public convenience or necessity for an Alcoholic Beverage Control license to permit the sale of beer and wine for off-premises consumption at the subject facility. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3851 GRANTED IN PART (PC96-70) (6 yes votes, 1 absent). Approved waiver of code requirement with the understanding that the 13 trees requirod may be clustered towards the comers of the site. Determined there is public convenience or necessity to sell beer and wine for off-premises consumption n the basis that the cdme rate is 32% below the average (PC96-71). Approved Negative Declaration. B2. 179: CONDITIONAL USE PERMIT NO. 1731) CATEGORICALLY EXEMPT, CLASS 21: INITIATED BY: CITY OF ANAHEIM, PLANNING DEPARTMENT (CODE ENFORCEMENT DIVISION), 200 S. Anaheim Blvd., Anaheim, CA 92805. LOCATION: 408 South Brookhurst Street (La Lanqosta). Property is a roctangularly-shaped parcel of land consisting of approximately 0.3 acro having a frontage of approximately 83 feet on the east side of Breokhurst Street and being located approximately 520 feet south of the centerline of Broadway Stroet. City-initiated request to consider the revocation or modification of Conditional Use Permit No. 1731 (to permit on-sale beer and wine in a restaurant). ACTION TAKEN BY THE PLANNING COMMISSION: Modified CUP 1731 with added conditions to expire one year from the date of the issuance of the Alcoholic Beverage Control license. 7 CiTY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 Mayor Daly. It appears that the Planning Commission decided to allow beer and wine at the restaurant assuming certain conditions are complied with. He asked staff to comment on the rationale. Greg Hastings, Zoning Division Manager. The Planning Commission approved the C.U.P. for one year from the date of issuance of the Alcoholic Beverage Commission (ABC) license. The Police and Code Enforcement did supply conditions which the Planning Commission felt comfortable with. The former Marie Callendars Restaurant had closed in 1991 and since then, there has been no alcohol license on the property. There is a one-year time limit. The conditions had to do with alcohol being served only with meals and that it not be converted into a bar or entertainment type facility. Mayor Daly asked if a bar will be a permitted use if they get a license; Mr. Hastings answered no, not without a C.U.P. The Planning Commission asked that the existing bar be removed or put behind a wall so there is no allowance for any type of bar seating. Alcoholic beverages can only be served with a meal. Mayor Daly. The operator still must obtain an ABC license to serve beer and wine with meals; Mr. Hastings confirmed they were given one year to obtain the license and if not within a year, the C.U.P. is null and void. B3. 179: CONDITIONAL USE PERMIT NO. 3822 AND NEGATIVE DECLARATION: OWNER: RAYMOND G. SPEHAR, ESTELLE K. SPEHAR, MARCIA ANN HALLIGAN, c/o Watt Management Company, Inc., 2716 Ocean Park Blvd., Santa Monica, CA 90405 AGENT: ANDERSON & ASSOCIATES, RICHARD L. ANDERSON, 128 S. Glassell Avenue, Orange, CA 92666 LOCATION: 5799 East La Palina Avenue (Burf:ler KinR). Property is an irregularly-shaped parcel of land consisting of approximately 9.9 acres located north and east of the northeast comer of Imperial Highway and La Palma Avenue. Petitioner requests deletion or modification of a condition of approval pertaining to landscaping requirements for a previously approved fast-food restaurant. ACTION TAKEN BY THE PLANNING COMMISSION: Modified conditions of approval for CUP NO. 3822 (PC96-73) (5 yes votes, 2 absent). Negative Declaration previously approved. REPORTS AND RECOMMENDATIONS: B4. 179: CONDITIONAL USE PERMIT NO. 3779 - REQUEST FOR REVIEW AND APPROVAL OF SIGN PLANS: REQUESTED BY: James Abemathy, 5800 W. Century Blvd., #90855, Los Angeles, CA 90009- 90855 LOCATION: Property is located at '1761 West Katella Avenue. Petitioner requests review and approval of sign plans for Conditional Use Permit No. 3779 (to permit a self-storage facility with accessory outdoor storage with waivers of maximum fence height, minimum number of parking spaces and setback adjacent to any residential zone). ACTION TAKEN BY THE PLANNING COMMISSION: Request for review and approval of sign plans for CUP NO. 3779 APPROVED for five years with the understanding that the existing monopole shall be removed - to expire July 22, 2001. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 B5. 179: CODE AMENDMENT NO. 96-15 CEqA EXEMPTION SECTION 15061 (bi City Initiated, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92803. LOCATION: Northeast Area SPecific Plan Proposed Code Amendment No. 96-15 pertaining to the deletion of a time limitation for chumhes in the SP94-1 (Northeast Area Specific Plan). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of the ordinance to the City Council. ORDINANCE NO. 5574: (INTRODUCTION) Amending Sections 18.110.050, 18.110.060, 18.110.070.and 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code relating to Chumhes in the SP 94-1 Zone (Northeast Area Specific Plan). ORDINANCE NO. 5574: An Ordinance Of The City Of Anaheim Amending Sections 18.110.050, 18.110.060, 18.110.070. And 18.110.100 Of Chapter 18A10 Of Title 18 Of The Anaheim Municipal Code Relating To Chumhes In The Sp 94-1 Zone (Northeast Area Specific Plan). Mayor Daly offered Ordinance No. 5574 for first reading. ORDINANCE NO. 5574: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.110.050, 18.110.060, 18.110.070. AND 18.110.100 OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CHURCHES IN THE SP 94-1 ZONE (NORTHEAST AREA SPECIFIC PLAN). B6. 179: CONDITIONAL USE PERMIT NO. 3695 - REQUEST FOR REVIEW AND APPROVAL OF REVISED FINAL LANDSCAPE PLANS: City-initiated (Community Development Department), 200 S. Anaheim Boulevard., Anaheim, CA 92805 requests review and approval of revised final landscape plans for Conditional Use Permit No. 3695 (to permit an ice skating dnk including an amusement arcade and an on-site restaurant with on premise sale and consumption of beer and wine, with waiverS of minimum number of parking spaces, minimum layout and design of parking and vehicular accessways, required parking lot landscaping, and definition of enclosed restaurant). Property is located at 300 West Lincoln Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Approved final landscape plan as revised at the meeting. B7. 155: RESOLUTION INITIATING AMENDMENT NO. 3 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1: Request for the Planning Commission to initiate Amendment No. 3 to The Disneyland Resort Specific Plan No. 92-1 for those portions of the Specific Plan Area not under the ownerShip of the Walt Disney Company. ACTION TAKEN BY THE PLANNING COMMISSION: Initiated Amendment No. 3 to Specific Plan No. 92-1 (PC96-69). END OF PLANNING COMMISSION ITEMS OF JULY 22, 1996 C1. REPORT ON CLOSED SESSION ACTIONS: City Attorney Jack White stated that there are no actions to report. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13, 1996 C2. STATUS UPDATE - INS ASSISTANCE TO ANAHEIM: Council Member Tait, at the meeting of August 6, 1996, stated he would give the subject status update at today's meeting. Council Member Tait. He attended a Council Liaison Meeting today on the INS (immigration and Naturalization Service) issue along with Council Member Zemel, Tom Wood, Deputy City Manager, KHstine Thalman, Intergovernmental Relations Officer, and Police Chief Gaston. The goal was to develop an action plan to deal with the INS removing their Agent from the City's jail under a six-month pilot program. The removal occurred about three weeks ago in spite of the program being a huge success. They found the number of illegal immigrant arrestees to be about 35%. The INS numbers were slightly less, in the high 20's. A significant number of arrestees in Anaheim are illegal. The committee feels it is necessary to keep the program going and came up with a list of five action items. He referred to the action items already submitted to the Council (see sheet, INS Liaison Committee - Recommended Next Steps - made a part of the record). The five items are -- 1.) Send a letter to the INS reconfirming the importance of the program to Anaheim and the resulting negative impacts that are occurring, 2.) Request a meeting with the Distdct Director of INS, 3.) Pursue authorization from Office of Personnel Management to allow the use of local funds for an INS Agent in the City jail, 4.) Confirm Washington strategy, 5.) Prepare an information package. Each of the action points were further elaborated upon in the information sheet. A bdef Council discussion followed on the issue wherein Council Member Tait gave the status of HR2202 (Federal Bill). The Bill has been passed by the House and Senate and is now in Conference Committee. After it gets through Committee, it is a matter of waiting for the President's signature. Once that happens, the INS will have no choice but to put the Agent back in the City jail although they do not know for how long. Council Member Zemel stated it would mandate a six-month trial program starting the day the President signs the Bill; Mayor Daly asked if there will be nothing beyond the six months. Council Member Tait. The Bill is part of the large Immigration Bill passed by the House. Mayor Daly. As an interim step until they know the result of the Bill, he feels the five action points make great sense and encourages City staff to proceed with all steps including the proposed letters, meetings and consulting with the City's advocate in Washington. Council Member Zemel. He feels it is important to acknowledge Congressman Gallegly from Oxna~d/Ventura. He was the one who was kind enough to add the needed language to his amendment to HR2202. It is important to thank him and also Senator Feinstein who was a great deal of help and the entire Congressional delegation from Orange County. (See comments under Items of Public Interest - re: removal of signs from pdvate property and also illegally placed signs on public property throughout the City. Mayor Daly gave additional comments and direction at this point in the meeting which comments were more appropriately included when the subject was broached by Mr. Hamilton earlier in the meeting.) 114: REGULATION OF MOTELS THAT ALLOW LONG-TERM STAYS: Mayor Daly. He is aware that at least one adjacent City (Buena Park) has stepped up its regulation of motels who either encourage or allow long-term stays in excess of 30 days. Buena Park recently passed such an ordinance. He asked staff to review that ordinance which is designed to prevent motels from becoming apartments. He would like to hear thoughts from staff on the matter, what the current situation is in 10 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 13~ 1996 Anaheim, specifics of the Buena Park ordinance, the City Attorney's comments relative to enforceability, costs, benefits and also comments from Code Enforcement and the Police. ADJOURNMENT: By general Council consent, the City Council Meeting of August 13, 1996 was adjourned. (6:55 P.M.) LEONORA N. $OHL CITY CLERK 11