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1995/10/03CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3v 1995 The City Council of the City of Anaheim met in regular session. PRESENT PRESENT ABSENT; PRESENT MAYOR; Daly COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus COUNCIL MEMBERS; None CITY MANAGER; James Ruth CITY ATTORNEY; Jack White CITY CLERK; Leonora N. Sohl ASSISTANT CITY CLERK; Ann M. Sauvageau FIRE CHIEFs Jeff Bowman PLANNING DIRECTOR; Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10s55 a.m. on September 29, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3s12 p.m. REQUEST FOR CLOSED SESSION; City Attorney White. There is an additional item to be added to the Closed Session agenda relating to public employment - res Assistant General Manager for Water Services, Public Utilities Department. The need to act on employment benefits for the prospective employee did not arise until after the agenda was prepared and because of the pending employment offer, action cannot wait until the next meeting. MOTION. Mayor Daly moved to waive the 72-hour posting provision of the Brown Act adding Item No. 7 to the Closed Session agenda since the need to act did not arise until after the agenda was posted. Council Member Feldhaus seconded the motion. Council Members Tait and Zemel were absent. MOTION CARRIED. PUBLIC COMMENTS - CLOSED SESSION ITEMS; There were no public coflunents relative to Closed Session items. The following items are to be considered at the Closed Session; CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a} - EXISTING LITIGATIONs Name of cases In re~ County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272~ and In res Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATIONs Name of case; Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. CITY OF ]~NAHEIMv CALIFORNI~ COUNCIL MINUTES OCTOBER 3, 1995 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9= one potential case. Existing facts and circumstances: Legal issues concerning undocumented aliens 4e CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9= one potential case. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW) TITLE= City Manager and City Clerk CONFERENCE WITH LABOR NEGOTIATOR Agency negotiatorl Dave Hill Employee organization= IBEW, Local 47 70 RELATING TO PUBLIC EMPLOYMENT Titles Assistant General Manager for Water Service - Public Utilities MOTION. Mayor Daly moved to recess into Closed Session. Council Member Feldhaus seconded the motion. Council Members Tait and Zemel were absent. MOTION CARRIED. (3=15 p.m.) (~uncil Members Tait and Zemel entered closed session approximately 3=30 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=27 p.m.). INVOCATION= Pastor, Bryan Crow, Garden Church, gave the invocation. FLAG SALUTEI Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119. PRESENTATION - AWARD FOR YOUTH= HEART OF OUR COMMUNITY= Ron Bates, Council Member, City of Los Alamitos and representative of Orange County to the State League of Cities, Board of Directors. He is presenting the award on behalf of the League of California Cities, California State Association of Counties and the California School Board Association to recognize outstanding youth programs which provide a safe and healthy environment for kids and recognizing youth as a priority. Anaheim'8 program, S.A.Y. (Save-A-Youth) is such a program which helps build confidence and self esteem in the youth of the community. He then presented certificates to City staff involved in the program= 2 CITY OF AN~%HEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 DEBBIE MOORE IGNACIO GUITIERREZ JESSE CISNEROS GEORGE MORALES LYNN SMITH JOE PEREZ JESUS MEJIA EDDIE BURCIAGA Subsequently, Mr. Bates presented an award (plaque) to Mayor Daly who accepted on behalf of the City recognizing the City of Anaheim for Project S.A.Y. noting that of the 470 cities in the State, only 12 such awards were given. Mayor Daly. He thanked Mr. Bates and will make sure that the award will be shared with all appropriate staff people who work so hard on the City's youth programs. 119. DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council honoring the Anaheim Hills Rotary Club for their generous contribution to the City's Fire Department. Fire Chief, Jeff Bowman. He explained how the Anaheim Hills Rotary Club approached the Fire Department with the offer to help in the Department's efforts to educate the public by donating a special piece of equipment -- a 16' mobile public education trailer. He then explained the features of the trailer, a slide of which was displayed for the Council and audience. He then introduced Mr. Tony Siragusa of the Rotary Club who gave further details on the unit which can go anywhere at any time and disseminate in a unique way fire safety and emergency procedures including telephone simulation of questions to ask when children dial 911, etc. Mayor Daly and Council Members personally thanked Mr. Siragusa and the Rotary Club for their outstanding contribution to the conununity with a monetary value exceeding $20,000 but of priceless educational value noting that there is probably no other educational exhibit like it in the United States. 119: RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing the week of October 8 - 14, 1995, as Fire Prevention Week in Anaheim. 2. DECLARATION recognizing the Fukuoka Daiichi High School, Fukuoka, Japan, on the occasion of their 40th Anniversary. 3. DECLARATION recognizing the Gorale Polish Folk Dancers. FINANCIAL DEMANDS A~AINST THE CITY in the amount of $3,472,872.44 for the period ending September 29, 1995, in accordance with the 1995-96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:50 p.m.) Mayor Daly reconvened the City Council meeting. (5:55 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 ITEMS OF PUBLIC INTEREST: NO items of public interest were addressed. 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 October 3, 1995. Council Member Zemel seconded the motion. 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. 95R-172 and 95R-173, for adoption. Refer to Resolution Book. Al. Rejecting and/or denying certain claims filed against the City. 118: The following claims were filed against the City and action taken as recommended= Claims rejected and referred to Risk Management= a. Claim submitted by Lois McMains for bodily injury sustained purportedly due to actions of the City on or about July 3, 1995. b. Claim submitted by Guadalupe Zavala for property damages sustained purportedly due to actions of the City on or about August 29, 1995. A2. A3. A4. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held August 16, 1995. 105= Receiving and filing minutes of the Public Utilities Board meetings held May 4, 1995, June 1, 1995, and June 15, 1995. 123: RESOLUTION NO. 95R-172: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING $900,000 AS THE FINAL TRANSIT CAPITAL IMPROVEMENT ALLOCATION FOR THE ANAHEIM STADIUM RAIL STATION IMPROVEMENTS PROJECT. 173: Awarding the contract to the lowest responsible bidder, S.J. Amoroso Construction Company, Inc., in the amount of $3,214,000 for improvements to the Amtrak Commuter Rail Station at Anaheim Stadium; and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second iow bidder, as well as waiving any irregularities in the bids of both the iow and second iow bidders. 123: Approving a First Amendment to Agreement with Law Crandall, Inc., for additional services (for testing, inspection, and consulting services for City projects), and allowing for yearly renewal of the Agreement by the Director of Public Works/City Engineer. CITY OF AN~R~M, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 AS. 106= Amending the Department of Public Works Capital Improvement Project budget for Fiscal Year 95/96 to include seven Hazard Elimination Safety Program Projects. A6. 158= Authorizing the payment of $5,554 to the Chrysler Corporation, pursuant to agreement on file, for the cost of relocating the Chrysler identification sign located at 1200 South Anaheim Boulevard Anaheim/Ball Critical Intersection Widening Project R/W 5068-5. Council Member Tait abstained from discussion and a vote on Item A6. A7. 158: Authorizing the payment of $32,117.65 to the owner, Frank Busal, pursuant to agreement on file, for the cost of relocating and reconfiguring the lighting on the used car lot located at 1200 South Anaheim Boulevard - Anaheim/Ball Critical Intersection Widening Project - R/W 5068-5. A8. 106~ Approving the decrease in the Public Works Department's Fiscal Year 1995-96 Capital Improvement Budget in the amount of $1,198,000. Ag. 160: Authorizing the Purchasing Agent to issue Purchase Orders, in an amount not to exceed $3,566,018 for the purchase of 196 various vehicles for City departments for fiscal year 1995/96. AiO. 123= Authorizing a First Amendment to an Agreement with PRC Public Sector, Inc., to amend the price and payment schedule to include the addition and deletion of hardware equila~ent as required by the changing needs of the Police Department's Computer Aided Dispatch (CAD), and computerized Records Management System (RMS). All. 113: RESOLUTION NO. 95R-173: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (AUDIT DIVISION.) A12. 116~ Approving the submittal of an application for federal funding, in the amount of $300,000 to continue the work of the Private Industry Council School-To-Work programs for Anaheim youth, and authorizing the City Manager to execute the application on behalf of the City. A13. 123: Waiving Council Policy 401, and approving an Agreement with California State University, Long Beach Foundation, in the amount of $50,000 for consulting services to assist the Public Utilities Department with its integrated resources planning~ and authorizing the City Manager to execute the Agreement and any related documents on behalf of the City. A14. 114: Approving minutes of the Anaheim City Council meeting held September 12, 1995. Roll ~11 Vote on Resolut£on Nom. 95R-172 and 95R-173, for mdopt£onz AYES= NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None CITY OF ANAHEIM; CALIFORNIA COUNCIL MINUTES OCTOBER 3; 1995 The Mayor declared Resolution Nos. 95R-172 and 95R-173, duly passed and adopted. Council Member Tait abstained on Item A6. END OF CONSENT CALENDAR. MOTIONS ~.~tRRI~D. ITEMS B1 - B4 FROM THE ZONING ADMXNISTRATORMEETING OF SEPTEM~__~R 14, ~995: DECISION DATE: SEPTEMBER 21r 1995 INFORMATION ONLY - APPEAL PERIOD ENDS OCTOBER 6r 1995 El. 179: VARIANCE NO. 4279r CATEGORICALLY EXEMPT, ~-~SS 3: OWNER: WILLIAM & GABRIELLA LYON, 265 Owens Drive, Anaheim, CA 92808 AGENT: NEWLAND CONSTRUCTION, INC., 1407 North Batavia ~109, Orange, CA 92667 LOCATION: 265 Owens Drive. Property is approximately .05 acre, having a frontage of approximately 90 feet on the west side of Owens Drive, having maximum depth of approximately 172 feet and being located approximately 550 feet north of the centerline of Mohler Drive. Waiver of minimum side yard setback, to construct a 188 square foot garage addition. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Variance No. 4279 APPROVED (ZA DECISION NO. 95-23) E2. 179: ADMINISTRATiVE USE PERMIT NO. 95-05z OWNER: TERESA BEDWELL, 1336 South Moonstone Street, Anaheim, CA 92804 LOCATION: 1336 South Moonstone Street. Property is approximately .14 acre, having a frontage of approximately 62 feet on the east side of Moonstone Street, having a maximum depth of approximately 103 feet and being located approximately 280 feet south of the centerline of Myra Avenue. To permit a large family day care facility for up to 12 of fewer children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use permit no. 95-05 APPROVED (ZA DECISION NO. 95-24). B3. 179: ADMINISTRATIVE USE PERMIT NO. 95-06: OWNER: RICARDO & GRACIELA NOVOA, 2957 West Orange Avenue, Anaheim, CA 92804 LOCATION: 2957 West Oranqe Avenue. Property is approximately .16 acre, with frontage of approximately 70 feet on the north side of Orange Avenue, having a maximum depth of approximately 100 feet and being located approximately 90 feet east of the centerline of Laxor Street. To permit a large family day care facility for up to 12 or fewer children. ACTION TAKEN BY THE ZONING ADMINISTRATOR: Administrative Use Permit No. 95-06 APPROVED (ZA DECISION NO. 95-25). CITY OF ANAHEIMt CALIFORNIA COUNCIL MINUTES OCTOBER 3t 1995 9,4. ~79z REQUEST FOR SPECIAL CIRCUMSTANCE WAIVER NO. 95-05= REQUESTED BY= RONNA KELLY, PRESIDENT, Register Charities, 625 N. Grand Avenue, Santa Ana, CA 92701 LOCATION: 1551 South Douqlass Road. Petitioner requests approval for a special circumstance waiver in order to conduct an antique and collectible charity sale on October 1, 1995. ACTION TAKEN BY THE ZONING ADMINISTRATOR= Special Circumstance Waiver No. 95-05 APPROVED (ZA DECISION NO. 95- 26). END OF THE ZONING ADMINISTRATOR ITEMS. BS. 108= ORDINANCE NO. 5526= Amending various sections of Title 18 of the Anaheim Municipal Code relating to dance halle and entertainment and amusement facilities and Title 4 of the Anaheim Municipal Code relating to dance halls/dinner dancing places. (Introduced at the meeting of September 26, 1995, Item Bg.) City Attorney White. Answering Council Member Zemel, he explained that the primary purpose of the ordinance is to differentiate between a general category of uses in the City's zoning code that is a "catch-all" use - a category called places of amusement that involve large assemblages of people. In the past, they have considered Public Dance Halls within that category and have processed applications for Public Dance Halle as a conditional use under that section that appears in various zones of the City and not in others. It was felt because of some recent applications for Public Dance Halls and specifically for applications that have involved restaurants that wish to also have dancing it was necessary to do two things - (1) separate in the code Public Dance Halls as a separate use and to cull that out as a conditional use in certain zones and (2) clearly differentiate and change definitions with regard to a dinner dance facility to make sure it is understood that type of permit is issued in conjunction only with a legitimate restaurant and is for dancing by the patrons and not for entertainment by employees of the establishment. Mayor Daly offered Ordinance No. 5526 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5526= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE HALLS AND ENTERTAINMENT AND AMUSEMENT FACILITIES AND TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE HALLS/DINNER DANCING PLACES. p.o~ ~-~a~ Vot~ 9n Ordinance No. S526 for adoption: AYES= NOES; ABSENT= MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS~ MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance No. 5526 duly passed and adopted. CITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 D1. 129; PUBLIC HEARING - DESIGNATION OF VERY-HIGH FIRE-HAZARD SEVERITY ~ON~ ~M~NDMENT TO UNIFORM BUILDING CODE REGARDING ROOF COVERINGS AND AN AMENDMENT TO THE UNIFORM FIRE CODE REGARDING APPENDIX IIA - SPECIAl, HAZARDS ~ This issue was advertised in the North County News on August 31, 1995 and September 7, 1995. The Council is to consider opening a joint public hearing on (a) the proposed amendments to the Uniform Fire Code and (b) proposed amendments to the Uniform Building Code and (c) adoption of a Very High Fire Hazard Severity Zone. Staff Inputs See staff report dated September 13, 1995 from Fire Chief, Jeff Bowman recommending seven actions in connection with the subject discussion including three proposed resolutions, the adoption of two ordinances and introduction of an ordinance. Fire Chief, Jeff Bowman. A presentation was given two weeks ago at the Public Hearing (see minutes of September 19, 1995) to discuss the proposed implementation of the Bates Bill. At that hearing, Council Member Feldhaus requested that staff try to cor~nunicate again with the residents. Staff subsequently contacted the Los Angeles Times and the Register by a press release to encourage community citizens interested in hearing about the issue to attend a public presentation last night which was conducted at Fire Station No. 9. Ten homeowners attended the presentation and all those who attended supported the proposed action and asked good questions about the implementation plan. The Planning Director will discuss the proposed ordinance amendment to answer the question Council Member Tait raised. Joel Fick, Planning Director. At the last hearing, one item was raised pertaining to roof coverings for room additions. The Building Code requires that all new construction, which includes room additions, to comply with all new code requirements. In this particular instance, since the requirements contained in the ordinances would exceed the minimum requirements contained in the building code, a provision for an exemption is included. They believe, and the Fire Department believes, it would still meet the intent of all the additional fire protection measures. With that one minor adjustment, although significant, staff has incorporated that in their recommendation to the City Council tonight. Council Member Lopez. He was informed by someone who lives in the 92808 area, those people will be paying an extra $50/month for fire insurance. He asked if that was true. Chief Bowman. Fire insurance premiums are based on zip codes and those are established by the insurers. The Fire Department has no control over that. He does not know if what Council Member Lopez asked is true or not. However, during staff's deliberations, the City's Risk Manager did evaluate that issue through contacts he had and they indicated that was not likely to occur. Roy Jefferson, 540 S. Sunny Hill Way, Anaheim, 92808. He has been a resident of Anaheim Hills for 17 years and has been a State Farm Agent for over 12 years. Relative to the question posed by Council Member Lopez, it would probably affect insurance rates. Most companies when they look at designated fire zones do not do so on an individual basis. State Farm does. If the zip code is in a fire hazard zone, rates could increase and also affect people applying for new homeowner's insurance. When a person sells their home and CITY OF AN~tHEIM, CALIFOI~IA COUNCIL MINUTES OCTOBER 3, 1995 the buyer goes to purchase new home insurance, the buyer may have difficulty finding adequate home insurance at good rates. Chief Bowman. Zip code 92808 would not be in the Very High Fire Hazard Severity Zone but only undeveloped wildlands. As those are developed, they will have a mechanism for exclusion of newly developed areas from that zone as well. Staff will be happy to perhaps set up a meeting and ask Mr. Jefferson's help and report back to Council. It is necessary to understand this is going to make the areas safer than they are today and should actually have the reverse impact. Roy Jefferson. As long as the new redeveloped area has a new zip code, it would not be a concern. The reason he is present tonight, he received a phone call from a well-known and successful realtor in Anaheim hills. She mentioned the issue came up in September and no one was present to speak on the matter. Realtors are concerned that areas determined to be in a high fire hazard zone could affect property values and resales. City Attorney White. He explained that this was not brought forward as a discretionary item from the Fire Department but as a result of the State statutory mandate for cities to designate high fire hazard zones in certain cities. Staff has attempted by the mechanism being recommended tonight to absolutely minimize the perceived "stigma" by eliminating from the zone those properties that are now developed or that will be developed under certain criteria. The only thing they are substituting is the Class A roof requirement for new developments or for re-roofing of over 50% of existing developments and the brush-clearing requirements. What they tried to do from a legal standpoint is to "marry" a state requirement that if the City does not comply could give some legal liability potentially with the least stigmatizing way for existing residents. The new zone applies only to undeveloped areas and not the 92808 zip code. Fire Chief Bowman then clarified for Council Member Tait that there are no existing homes within the zone. Mayor Daly closed the Public Hearing. City Attorney White. The agenda lists two ordinances, No. 5515 and 5525. Staff is recommending adoption of Ordinance 5525 which was introduced last week that responds to Council Member Tait's inquiry at the last Public Hearing that did not require the upgrade to Class A roofing for room additions. It ie recommended that the Council not adopt 5515, but adopt 5525 to accomplish that. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION= On motion by Council Member Daly, seconded by Council Member Feldhaus, the City Council determined that the proposed activity falls within the definition of Section 3.01 Class 8 and 1, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. Mayor Daly offered Ordinance Nos. 5525, 5516, 5523 and Resolution Nos. 95R-174, 95R-175 and 95R-176, for adoption. Refer to Ordinance and Resolution Book. 9 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTE8 OCTOBER Sv 2995 ORDINANCE NO. 5525: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .060 OF, AND ADDING SUBSECTION .065 TO, SECTION 15.02.090 OF CHAPTER 15.02 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOF COVERINGS (UNIFORM BUILDING CODE, 1991 EDITION, SECTIONS 3201 AND 3203). ORDINANCE NO. 5516: ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 16.08.155 TO CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE TO AMEND APPENDIX II-A OF THE UNIFORM FIRE CODE, 1991 EDITION. ORDINANCE NO. 5523: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 16.40, SECTIONS 16.40.010 THROUGH 16.40.080, INCLUSIVE, TO TITLE 16 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO DESIGNATION OF VERY-HIGH FIRE-HAZARD SEVERITY ZONES. RESOLUTION NO. 95R-174: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1991 EDITION (ROOF COVERINGS). RESOLUTION NO. 95R-175~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING CONDITIONS JUSTIFYING LOCAL AMENDMENTS TO THE UNIFORM FIRE CODE. RESOLUTION NO. 95R-176: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FINDINGS SUPPORTING THE EXCLUSION OF CERTAIN AREAS FROM THE VERY-HIGH FIRE-HAZARD SEVERITY ZONE DESIGNATION RECOMMENDED BY THE STATE DIRECTOR OF FORESTRY. Roll Call Vote on Ordinance Nos. 5525, 5516 and 5523, for adoption: AYES: NOES= ABSENT= MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Ordinance Nos. 5516, 5523 and 5525, both inclusive, duly passed and adopted. Roll Call Vote on Resolution Nos. 95R-174 through 95R-176, for adoption: AYES= NOES~ ABSENT: MAYOR/COUNCIL MEMEERS: MAYOR/COUNCIL MEMEERS~ MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-174 through 95R-176, both inclusive, duly passed and adopted. D2. 134~ PUBLIC HEARING - GENERAL PLAN AMENDMENTNO. 338, AMENDMENT TO SYCAMORE CANYON SPECIFIC PLAN (SP88-1) AND NEGATIVE DECLARATIONZ OWNER: BANK of AMERICA PROPERTIES, INC., 333 South Hope Street, 21st Floor, Los Angeles, CA 90071 AGENT: HORST SCHOR, 746 N. Lemon Street, Anaheim, CA 92805 LOCATION= Development Area 5 within The Sycamore Canyon Specific plan (sPa8-1}. Property is approximately 4.2 acres located on the northeast corner of Weir Canyon Road and Canyon Vista Drive. 10 C'rTY OF ANAHE~'Hv CAL'~FORNTA COUNC'rL M'rNUTE8 OCTOBER 3v :1.995 The petitioner requests approval of the General Plan Amendment No. 338 (to amend the Land Use Element of the General Plan to redesignate subject property from General Commercial land uses to Hillside Medium Density Residential land uses). Amendment to The Sycamore Canyon Specific Plan (SP88-1)(to amend certain exhibits to redesignate Development Area 5 from commercial land uses to single- family residential land uses and to ~mend the Development Area 5 Development Standards to establish development standards for detached single-family dwelling units). Tentative Tract Map No. 15223 (to establish a 4.2 acre, 25-1ot single-family detached subdivision including 24 residential lots and one lettered lot). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of GPA NO. 338 to the City Council (PC95-102) (7 yes votes). Recommended to Council approval of the proposed amendment to Sycamore Canyon Specific Plan (SP88-1) (PC95-103). Tentative Tract Map No. 15223 APPROVED (no action taken by the City Council on this item at the meeting of August 22, 1995, Item B10. TENTATIVE TRACT MAP NO. 15223 is listed for tracking purposes, and is not a part of today's public hearing. Final Site Plan withdrawn. Approved Negative Declaration. PUBLIC NOTICE REOUIHEMENTS MET BY: Publication in Anaheim Bulletin - September 21, 1995 Mailing to property owners within 300 feet - September 21, 1995 Posting of property - September 22, 1995 PLANNING STAFF INPUT: See staff report to the Planning Commission dated August 21, 1995. City Clerk Sohl. A letter request dated October 3, 1995 was received during the meeting from Mr. Horst Schor on behalf of the property owner requesting a two-week continuance of the subject Public Nearing to October 17, 1995. Mayor Daly asked if staff was aware of the reason for the request for continuance. Joel Fick, Planning Director. The Planning Commission recommended approval of the development. Since the Planning Commission meeting, there was one area of interest the applicant had regarding an access point. They have been working directly with Public Works and Traffic Engineering staff regarding that access way. Meetings have been ongoing into this week. The applicant has requested a two-week continuance just to review the recommendations from the Traffic Engineer regarding that one item. MOTION. Council Member Zemel move to continue the subject Public Hearing for two weeks to October 17, 1995 at the request of the applicant. Mayor Daly seconded the motion. MOTION CARRIED. Cl. 174: Discussion requested by Council Member Tait at the meeting of September 12, 1995, Item Cl, regarding the feasibility of developing another Target Area in West Anaheim, and allocating Block Grant money to that area. This matter was discussed and continued from the meeting of September 26, 1995, Item Cl to this date. 11 CITY OF'AN~HEIMv CALIFORNIA COUNCIL MINUTES OCTOBER Sv 1995 Council Member Tait. The Council received a report from Lisa Stipkovich, Executive Director of Community Development. At this time, he would like to take the matter under submission, study it and perhaps discuss it further with staff. Mayor Daly asked if Council Member Tait wanted to have the item placed back on the agenda or reinitiate it some time in the future~ Council Member Tait stated he feels At would be best if he reinitiates it at a future date. Mayor Daly asked if anyone wished to speak on the matter. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if the report would be made available for public review or a private Council report~ Mayor Daly. At the time, it will be a part of the agenda and available in the City Clerk's Office. MOTION. Council Member Tait moved to table the subject item to be brought back at a later date. Mayor Daly seconded the motion. MOTION CARRIED. C2. 156= Discussion requested by Council Member Zemel at the meeting of September 12, 1995, Item C1, to explore the idea of having an INS officer involved in criminal work at the City's jail. Discussion was held at the meeting of September 19, 1995, where there were two initial actions to be taken. (1) Identify citizenship of every ~erson arrested and booked at City jail, and (2) Form a liaison committee concerning the issue consisting of two Council Members and appropriate staff to be designated by the City Manager. At the meeting of September 26, 1995, Item C2, Council Member Zemel stated that the INS proposal from the Committee has been brought forward, and will need direction from the entire Council. Council Member Zemel. The task force has been making progress on the INS issue (see minutes of 9/26/95) as far as placing an officer in the City's jail as well as other ideas, one of which has already taken place. He thanked Police Chief Gaston from the Council. The Chief very quickly put into action the request to begin asking questions at the jail of every pmrson arrested to determine their legal status. The objective is to give some concrete numbers so that the task force can go forward in different areas whether it may lead to legislation or whatever moves, suggestions or recommendations the task force brings to the Council. He would like to later get into the request he is going to make of the Council but would first like to hear from the public as suggested by the Mayor. The following people then spoke to the issue. Their comments are summarized.' Harold Martin. He is a member of the Anaheim Police Association (APA). The Association has taken a firm stand that their No. i duty and goal is to protect the citizens of Anaheim from crime problems. Two weeks ago, APA came to the Council with a resolution to put an INS Officer in the City's jail. Such a move represents the smart way to do Police work. He believes they have overwhelming public support on this issue. Removing criminals from the City is viewed as a 100% positive action and the only people that could be against it are the illegal alien criminals. It will reduce calls for service to the Police Department, remove criminals from the community, maintain the status quo in a growing Police Department and save millions of dollars on an annual basis, continue to forget a strong bond between the Police Association and the 12 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 City of Anaheim and it has the support of a significant majority of the citizens of Anaheim. There are no drawbacks. David Kendrick. He manages apartments on 1800 W. Glen Crest in Anaheim. He urged the Council to place an INS Officer in the City's jail. Officer Tim Garcia was shot and seriously wounded by not just an illegal alien, but a criminal illegal repeat offender. Barbara Cos, 5551 Castle Drive, Huntington Beach 92649. On behalf of Citizens for Action Now and State-Wide California Coalition for Immigration Control, they laud both the APA and Anaheim City Council for authorizing an INS agent in the City jail to identify illegal alien arrestees and to deal with them swiftly. She urged support of the proposed action to protect the citizens of not only the City of Anaheim, but all other cities within Orange County. Michael Blanco, 1440 Philadelphia Street, Anaheim. He is running for Chairman of the Central City Block Grant Committee. He would like the INS Officer funded with Block Grant money. Part of the CDBG ojectives contain a category of public services and under that, public safety. He feels the proposed program would be excellent to fund with CDBG money for at least a year to see how it works. It is time to be done. Edward Tate, Vice President, Anaheim Police Association, 425 S. Harbor Boulevard, Anaheim. On September 22, 1995, he was part of a delegation of law enforcement association officials invited to Santa Ana to attend the reception that President Clinton attended for the Boys and Girls Club and other activities. After the President's speech, approximately 15 of the law enforcement officials had a meeting with the President lasting about 20 minutes. He (Tats) spoke to him personally for about two minutes at which time, he gave the President a copy of the APA resolution on behalf of Officer Garcia and also dealt with the INS issue. The President is receptive to the idea and will be looking at it. Bob Ball, 1532 Laster, Anaheim 92802. He referred to a letter he had previously sent to the Council asking that they give the issue more than "luke-warm" support but that they give it their continued full support. After the public input, Council Member Zemel gave an extensive presentation leading up to his request tonight -- to give authorization to the task force recently formed to work with INS in Washington, D.C. to see if they will allow a retired INS official, contracted to the City, to be located in the City jail and that the City pay INS for that work basically privatizing a branch of the INS. The City would then have access to the INS computer system, tracking system and their training and all the benefits of a full-blown INS division and not have the commitment of a full-time, long-term employee. It will be a pilot program. If the INS would allow this concept, the Council could then discuss the matter. During his presentation, Council Member Zemel emphasized that he believes they are embarking on a new era of local responsibility since, over the last decade, the Federal Government has failed in not controlling the borders. Although there are hard-working, reasonable immigrants in the State not here legally, there is also a criminal element coming across the border along with them. That is the segment of that population being discussed tonight -- the criminal, repeat offender who goes through the system through the revolving door at the City's jail. What is being proposed is to give authorization to the committee to work with the INS in Washington, D.C., meet whith them and see if they accept the concept and if they do, come back to the Council to 13 CITY OF ANAHEIMv CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 discuss implementation. He encouraged the Council to go forward. He also stated he believes the Chief is behind the program. Today he stated he felt that a part-time employee to do the job will not be sufficient. It will actually take a full-time employee contracted out to the jail to be able to I.D. arrestees. Mayor Daly. He has questions on the procedure in terms of what has already been done as well as what might take place over the next few weeks. Anaheim is represented by five Congressmen (Dornan, Cox, Kim, Royce, Rohrbacher). He wanted first to know if they had been formally approached by the City for assistance with this idea. Secondly, have INS officials been formally approached on the matter. What type of communication have they tried so far to convince the Federal Government it is a good idea and deserves their attention, support and funding. He feels INS should provide some of the funding. The City should not get a bill if they place an INS officer in the City jail. The Federal Government is either on their side or they are not. Council Member Zemel. He failed to mention that while the task force is meeting with INS, part of the purpose will be to once again try to get them to pay for the proposal. The pilot program will allow them to take the results to the INS. INS is currently not involved in a program like this. He does not feel they have the time to wait for the wheels of government to turn in Washington. He would like to have results as soon as possible to show the Federal Government it is not just a creative idea, but that it works. He is told the data is extremely sensitive and by law the City does not have access to it. It can only be accessed by a Federal Officer. Mayor Daly. He would like to give the City's five Congressional representatives a chance to change Federal policy and secondly to obtain funding for it. It is clearly a Federal responsibility to control the borders and immigration. The City of Anaheim needs to go on record in writing to the delegation and to request their assistance -- supply the facts, describe the goal the City has in mind and give them a chance to perform for the taxpayers. Council Member Lopez. He does not think there is a dispute. They agree illegal aliens who commit crimes should be prosecuted and then deported. He agrees with the Mayor relative to the Congressional representatives since $75,000 is a lot of money for the City to have to pay. He would like to put the responsibility back on the Federal Government - put pressure on them and see what can be done to get the funding for a full-time INS Officer. Council Member Tait. This is asking for authorization for the committee in Washington, D.C. simply to see if the INS will accept the concept. He votes yeB enthuB£a~t£cally. They are look£n~ at gpend£n~ perhapg $50,000 or $100,000 which is about 1/10th of 1% of the General Fund budget to address 20% of the City's crime problem. To him, this will be money well spent. He agrees with the Mayor it is a Federal responsibility but it is also a local problem. The Mayor's approach of going to the City's Congressmen and the Federal Government and seeking money is a good approach. He does not think the two are mutually exclusive but both things can be done at the same time. The City is fortunate to have five Congressmen who represent parts of Anaheim, but he can see it getting bogged down in committee. He is in support of Council Member Zemel's request. Council Member Feldhaus. Five Congressmen are still only 5/435's of the U. S. House of Representatives as pointed out by Council Member Tait. Council Members are the local elected officials and they have to take action and show 14 CITY OF /~N~N~IM, CALIFORNIA COUNCIL MINUTES OCTOBER 3, 1995 the Federal Government what they can do. They do not need to get bogged down in Government red tape. He understands that only an INS officer has access to the Federal data base. He asked if it was possible to purchase that data base. City Attorney White. His understanding is no. The only way to gain access is through a Federal Officer. The City cannot buy the data base or get into it directly. Council Member Feldhaus. He asked for clarification on the cost of an INS Officer. City Manager Ruth. The estimate is $75,000 a year. It would probably not be one person, but two part-time people operating seven days a week. At the conclusion of further discussion and questions posed by Council Member Feldhaus, Mayor Daly stated he feels there is a consensus to move forward and create the program but the question is how to proceed and how hard should they work to get the Federal Government to take the responsibility. He reiterated he is looking for a commitment by a majority of the Council to attempt to gain Federal funding for a Federal responsibility while they move forward locally and create the program. They need to submit an official City request to the Federal Government in writing, give the Federal Government a chance to respond, and invite the City's elected officials at the Federal level to assist them. He also expressed during the course of additional discussion, if City government wants to pursue the matter, that it be done the way all other matters are handled, by placing a recommendation on the agenda~ The agenda today does not lay out what the next steps are going to be and they need to vote on those next steps. MOTION. Council Member Zemel moved that the Council authorize the committee and its representations to meet with the INS either in Washington, D.C. or locally if possible to discuss putting an INS Officer in the City's jail for pre-arraignment identification and the co~aittee be instructed to seek Federal funding and bring back the INS answer to the Council for further direction. Council Member Feldhaus seconded the motion. Before further action was taken, Mayor Daly suggested that there be no travel to Washington, D.C. until all steps are taken either in writing or by phone. Council Member Feldhaus offered to personally fund a portion of the ticket (one way), if Council Member Zemel had to make the trip to Washington~ Council Member Zemel. He appreciates the offer. He will pay for his ticket and hopefully get donations from the public. AMENDED MOTIONs After further discussion, Council Member Zemel amended his motion and moved that the Council give approval to go forward in seeking approval of the proposal with INS including funding and subsequently bring the answer back to the Council for further discussion with travel costs to be borne by him (Zemel). Council Member Tait seconded the amended motion. Before a vote was taken, Council member Tait stated, since this is City business and to meet with the Director of INS is worth a trip to Washington if it becomes necessary, the City should be paying for the travel~ Council Member Feldhaus reiterated his offer to pay for part of the ticket one way. A vote was then taken on the foregoing motion as amended. MOTION CARRIED. 15 CITY OF ~NAHEIMv CALIFORNI~ COUNCIL MINUTES OCTOBER 3, 1995 MOTION. Mayor Daly moved to disband the liaison committee. Council Member Lopez seconded the motion. Before further action, Council Member Zemel stated he strongly objects because it would be irresponsible to do so at this point. He believes it shows a punishment type attitude and is politically motivated. There is a mandate of how people feel about this issue and to stop the work of the liaison committee would fly in the face of every tax paying citizen who cares about their neighborhood quality of life. Mayor Daly. He clarified the intent, instead of the liaison committee consisting of only two Council Members, would be to involve all five Council Members working with the INS and reviewing all correspondence and all co~nunication regarding the matter from this point forward. Council Member Tait. The purpose of having two Council Members on the liaison committee is not to violate the Brown Act. If there is a desire for another Council Member to be on the committee, he will withdraw. Mayor Daly. He clarified the reason for his motion is so staff can take direction from all five Council Members so that all will be in the communication loop on the subject simultaneously. After further debate on the issue between Mayor Daly and Council Member Zemel, a vote was taken on the foregoing motion to disband the liaison committee and failed to carry by the following votes Ayes - Lopez, Daly. No - Tait, Zemel, Feldhaus. C3. 114= COUNCIL COMMENTS= Mayor Daly. He would like to place on the next agenda the subject of proliferation of vacant corner lots at major intersections in Anaheim and some techniques the City could take to improve the appearance of these lots located at arterial intersections and at key intersections in Anaheim such as at Sunkist and Lincoln, State College and Lincoln, Harbor and Katella, etc. The intent is to discuss the matter and give staff some direction. He feels it is necessary to take action and to work with the property owners to clean up some of the lots. If it is a gas station remediation, they need to label it and advertise it as such so that the public knows what is going on. Further, the City should consider outright purchase of some of the lots that are going to be very difficult to develop. He will explain more next week. Council Member Feldhaus. By letter of September 26, 1995, the Executive Director of Community Develol~nent is asking for Council Member participation on an Advisory Board for the Anaheim One-Stop Center as a result of the JTPA implementation of a $600,000 grant. He would like to agendize the matter for next week since Mrs. Stipkovich needs an answer as soon as possible. Council Member Zemel. He read in the paper that Shirley McCracken is considering not accepting her appointment to the Budget Advisory Commission. 16 CITY OF ~N~EIM, CALIFORNI~ COUNCIL MINUTEB OCTOBER 3, 1995 City Clerk Sohl. She has received a written acceptance by Mrs. McCracken of her appointment to the Commission and will be forwarding a copy to all Council Members. C4. REPORT ON CLOSED SESSION ACTIONS= City Attorney Jack White stated that there are no actions to report. ADJOURNMENT: By general Council consent, the Council Meeting of October 3, 1995 was adjourned. (8:02 P.M.) LEONORA N. SOHL CITY CLERK 17