Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1994/08/16
City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter (entered 3:34 p.m.), Daly ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N~ Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan ZONING DIVISION MANAGER: Greg Hastings TRAFFIC AND TRANSPORTATION MANAGER: John Lower PLANNING DIRECTOR: Joel Fick SENIOR REAL PROPERTY AGENT: J. Richard Santo PRESENT: UTILITY BOARD MEMBERS: Joe White, Maggie Carillo-Mejia, Robert Schmahl, Ward L. Wiseman ABSENT: UTILITY BOARD MEMBERS: Richard McMillan, Dale Stanton, (one vacancy). A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 2:45 p.m. on August 12, 1994, at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the joint workshop portion of the meeting of August 16, 1994 to order at 3:13 p.m., all Council Members being present. Acting Chairman of the Public Utilities Board, Joe White, called the Public Utilities Board to order. Board Members McMillan and Stanton were absent. City Manager Ruth. He introduced the joint workshop between the Council and the Public Utilities Board and deferred to Ed Aghjayan, Public Utilities General Manager. 175: JOINT WORKSHOP WITH PUBLIC UTILITIES BOARD ON ELECTRICAL "RETAIL WHEELING": Ed Aghjayan, Public Utilities General Manager. He will explain the utility industry as it exists today in terms of how it has been regulated, the forces prompting it to change, what is likely to take place in the future and subsequent strategy approaches relative to those changes. He then briefed the current industry frame work (his presentation was supplemented by slides which were submitted as hard copies and made a part of the record), the forces for change, (regulatory, judicial and legislative momentum, customer demands for competitive choice, improved technology, California business climate), bundled rate (i.e., what Anaheim Electric rates include), an explanation of retail wheeling (customer chooses power ~upplier, local utility provid~ ~ome services with rates unbundled, transmission approaches common carrier status, (retail wheeling is the ultimate step in electric competition, the current status of industry changes, independent power (non-utility), electric industry proposal, current CPUC restructuring schedule, best and worse case results of competition for Anaheim and the strategy for competition. Upon completion of his presentation, Council Members posed questions. Mr. Aghjayan explained if they handle competition properly, the Utilities will be in a position where residential rates will not be adversely affected. Anaheim's electric utility is older than Edison or PG&E. It is one of the oldest systems in the state. If they do not do well in the restructuring, their market value will go down because there will be no protected service 473 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5=00 P.M. territories. In concluding, he read an excerpt from a New York Times Article of August 8, 1994 on the outlook for the utility industry. "The electric utility industry is bracing for big changes that are likely - eventually - to lower electricity prices across the country. Utilities are scrambling to compete and the ones that can't are likely to disappear." He believes that is true and that they are heading in a path from which decisions will be made. From Anaheim's perspective, he is very optimistic. The electric utility has an extremely capable staff up and down the system and he believes they can compete. Their power resources, with the possible exception of San Onofre which he would like to do something about, are very competitive and they will be among the leaders in the change and one of the survivors to come out of the restructuring. He also answered questions posed by Public Utility Board members as well as additional questions by Council Members relative to competition, pricing, future strategies, status of San Onofre, etc. He emphasized for Council Member Pickler that deregulation of the industry is not a certainty but restructuring of the industry is. Change will take place and he (Aghjayan) wants Anaheim's utility to be at the front of that change. The joint workshop was thereupon concluded. The meeting of the Public Utilities Board was adjourned. (4:01 p.m.) RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items as listed on Pages 18 ana 19 of the printed agenda. RECESS: By general consent the Council recessed into Closed Session. (4:02 p.m.) 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: 1. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: David Hill Employee organization: IBEW, Local 47 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Golden West Baseball v. City of Anaheim et al., Orange County Superior Court Case No. 40-92-46 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. 4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Hardin v. City of Anaheim, Orange County Superior Court Case No. 71-72-34. 5. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION: Name of case: Salazar v. City of Anaheim, Orange County Superior Court Case No. 72-70-92. 474 City Ha11~ Anaheim, California - COUNCIL MINUTES - Auqust 16~ 1994 - 5~00 P.M. have an opportunity to reevaluate the Ordinance, many businesses that take pride in being associated with the City will be forced to move out of that area or even out of the City. When Yamaha was granted a business permit to operate at 616 Ball Road, a parking variance was granted significantly restricting the amount of parking available. Now a juice bar with sexually-oriented dancing is going in there. Because of the way the City is approaching the required parking for the entire property, Yamaha will likely be forced to relocate and when they do, the parking variance will still be there. Presently the only businesses that will be allowed in the remaining 6,000 square feet of that property will be more sexually-oriented businesses or an expansion of the existing one. They are asking the Council to give serious thought to establishing a moratorium and taking time to review exactly what it says. Elizabeth Jay Dooley. She owns a business on Ball Road down the street from the proposed nude dancing facility. She is voicing her opposition to a nude dancing establishment on Ball Road. She encouraged the Council to adopt specific and definite zoning and code requirements for SOBs and require them to abide by the same strict parking requirements as other businesses. She understands the First Amendment questions involved but does not agree the SOBs should be exempt from other requirements which all other business much comply with simply because they are exercising their right to freedom of speech. Bill Dooley, owner of two family-owned businesses in Anaheim - DG Performance Specialties and Dic~zp Inc. The problem is a strange interpretation by the Supreme Court of the United States which in some convoluted way has said that nude dancing is an exercise of free speech. The realities are this is a "horrible" use of the situation. It is a blight. They will give the City all the help it needs to change the ordinance. Something has to be done. Council Member Pickler. Relative to Ordinance No. 5399 and the concerns expressed, he also has concerns and feels that something should be done perhaps a moratorium with the idea of trying to see what they can do. They may have to go into Closed Session on the matter but he feels something should be done and that the Council should take some action. Council Member Hunter. He feels the item needs to be agendized and have the City Attorney do some further studies and report back to the Council. They should find an appropriate date and perhaps give the City Attorney 30 days to revisit the issue and report back to the Council and place the matter on the agenda. He (Hunter) feels the whole Council is in agreement but they should do it right and make the ordinance a model for other cities. council Member Pickler. His problem is the concern expressed by one of the businesses about whether or not he is going to be in business; City Attorney White. It takes a 4/5's vote to place an item on the agenda finding that the need to act arose a£ter posting of the printed agenda. council Member Pickler. It might involve some legal action and if they have to go into Closed Session to discuss the matter and make a determination, he has no problem with that. He would like to see an emergency ordinance adopted. Mayor Daly. He feels there is consensus that they would like the City Attorney to do more research to create some suggestions and alternatives. If there is a need for any further Closed Session discussion, they should do so at the end of this meeting or at the earliest possible time. They have 477 City Hallt Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. instructed the City Attorney to do more research and thinking on the subject to develop potential alternative strategies. City Attorney White. He will be happy to do so but does not know how long it will take. He will want to consult with Police, Planning and Redevelopment among others concerning whatever recommendations or alternatives are brought back to the City Council. It is two separate subjects they are addressing - one is doing further studies relat£ng to the possible appropriate locations and whether there are more appropriate locations. The Council has already given direction on that. The other is the issue of a moratorium. The City has received three applications for SOBs since the ordinance was put into place. One of those applications will need to be acted upon not later than Thursday, either approved or denied under the terms of the ordinance. In a cursory examination of the other two, it appears that neither meet the qualifications of the ordinance as to the appropriate locations. He anticipates neither of those would be approved. Commenting on the statement made by Mrs. Dooley regarding the parking standards, the ordinance does require that whatever the type of adult businesses is that it meet the parking standards for that same type of business if it were not nude or adult oriented. The current ordinance says there is a special procedure that involves getting a variance from the parking requirement. He looked at that and after doing so has instructed his staff to meet with representatives from the Planning Department to redraft the provisions of that ordinance. He does not think they are obligated to have the type of system they have with regard to parking and can make it the same as for everybody else. They are in the process of bringing that about. He does not see any need to meet in Closed Session but if the Council desires to, they can do so upon the appropriate findings later in the meeting. Council Member Pickler. Something that is of real concern to him, someone said they do not have enough parking and he said they need a CUP if they want a variance. He was then stating they did not need a CUP which %;as a surprise to him. He feels that should have been included. Council Member Simpson. He feels they continue to attack these problems at the wrong level. He is going to start a movement to change the situation and to get a constitutional amendment at the national level. If they meet with him privately, he will explain how he intends to fund such a movement. Council Member Pickler emphasized that he wants to institute a moratorium and that is his goal. City Attorney White. He is hearing two different things - that Council Member Pickler would like to move that right now on the agenda and hearing from the Mayor he would prefer to delay this to the end of the agenda for additional discussion. He is at a loss to know to whom to respond. Mayor Daly asked if the Council is willing to wait until the end of the agenda for a Closed Session to discuss the matter; Council Member Pickler. If that will help, he has no problem. The City Attorney indicated there was no need for a Closed Session. City Attorney White. In saying that, he feels he has given the Council all the information he has. If the Council has questions of him, they can certainly call a Closed Session to ask those questions. 478 City Hallr Anaheimr california - COUNCIL MINUTES - Auqust 16, 1994 - 5:00 P.M. 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: i potential case Existing facts and circumstances= Claims concerning the snforcement and application of Ordinance No. 5399. 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (ANNUAL REVIEW}:. Title: City Clerk By general consent, the Council recessed into Closed Session. (4:02) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:24). INVOCATION: Pastor Jim Gaston, Church of Christ, gave the invocation. FLAG SALUTE: Council Member Irv Pickler 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 the 1st Anniversary of the Orange County Conservation Corps. The declaration was accepted by Carol Cooley Executive Director, Paul Bostwick and Robert Castro, Corp Members. Mr. Castro explained the work of the Corps and what has been accomplished in the past year noting that it is because of the Council that they are present accepting this declaration today. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing the Anaheim Pony Baseball Mustang 1994 World Series Winners. Accepting the declaration were the following: Manager Pete Perez and Coaches Jan Kline, Dave Hubbell, Larry Harper, Stan Akamine, Players Scott Akamine, Larry Harper, "T" Juliani, Adam Kline, Cody Lovejoy, J.J. Lovejoy, Rudy Ontiveros, Justin Perez, Zeb Samson, Brett Starnes, Zack Swanson, Danny Tapia, Chris Torres and Cory VanAchen. Mayor Da!y and Council Members congratulated the team management and the players on their excellent performance and for winning such a prestigious title. As Jan Kline stated, "how special it is to be considered the best baseball team at this level in the nation with a 17-1 record". 119: PROCLAMATIONS: The following proclamations were issued by Mayor Daly and authorized by the City Council: Fill the Boot Day in Anaheim, August 20, 1994 Mayor Daly encouraged all to help Fill the Boot which is a special project of the Anaheim Fire Department. 119: THE FOLLOWING WERE RECOGNITIONS AUTHORIZED BY THE CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing Roy A. Wright upon his retirement following more than 30 years of service to the City. 475 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 16, 1994 - 5=00 P.M. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,494,801.10 for the period ending August 12, 1994, in accordance with the 1993-94 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:43 p.m.) Mayor Daly reconvened the City Council meeting. (5:46 p.m.) ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Gordon Ruser, Representing the Angeles Chapter of the Sierra Club. He submitted a group of documents to the Council with a covering letter dated August 5, 1994, with attachments (made a part of the record). Mr. Ruser started reading from the two-page letter; Mayor Daly interjected asking if there was a specific request he (Ruser) had of the Council. Mr. Ruser stated they feel there may be a safety factor involved in allowing hunting in the Coal Canyon Ecological Reserve. The Sierra Club feels it is inappropriate for hunting to be allowed in any ecological reserve anywhere in the State. They are asking the Council if they think there is a safety factor and if the City wants to present those comments to the Department of Fish and Game. Mayor Daly. He asked that staff look into the issue as presented in the documents submitted and give the Council a summary of the various arguments being brought forward. Gerald R. Knudson, Attorney for Brian Industrial Properties and Mike Hoyt, 146 E. Orangethorpe, Anaheim. His clients have owned and leased industrial properties in the City for approximately 40 years. They are expressing outrage with Ordinance No. 5399 on Sex-Oriented Businesses (SOB) and request that it be amended. Anaheim has a reputation and the feel of a City of basic values and looked to as a refuge from many of the problems of other cities. Ordinance No. 5399 adopted last. September allows sex-oriented businesses as a matter of right without a CUP in certain areas without notice to adjoining owners. The Ordinance also requires nine of ten existing sexually-oriented businesses to relocate into the areas that he outlined. Such businesses should not be permitted in a zone in which it would not be permitted without a CUP but for its sexual emphasis. Anaheim has sacrificed a family-oriented Yamaha distributorship for a totally nude dance theatre. The Council has adopted the ordinance which places SOBs with incompatible uses in industrial areas and to say that these four zones should be the only ones subject to the admitted blighting affect, increased crime in general and sex-related crimes in particular the Council should use all constitutionally permitted means to correct and amend the ordinance. A1 Epstein, Attorney representing Anaheim Yamaha, 616 E. Ball Road, Anaheim. He is asking the City Council to reconsider an ordinance which will not allow a theatre in an area but will allow the same type of business if the employees undress. The City's SOB Ordinance rewritten in 1993 to avoid discrimination against those businesses ironically does exactly the opposite of what it was intended to do. It discriminates against all of the other businesses in Anaheim. Unless the City places some sort of a moratorium at least temporary to the granting of this type of permit until the City Attorney and Council 476 City Hall~ Anaheim~ California - COUNCIL MINUTES - Auqust 16~ 1994 - 5~00 P.M. Mayor Daly. He has questions better asked in Closed Session because of the legal sensitivity. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items Al3, A23 and B5 (see discussion under those items). MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 16, 1994. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Feldhaus, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 94R-196 through 94R-204, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claim was filed against the City and action taken as recommended: Claim reco.nunended to be accepted: a. Claim submitted by Myrle Willoughby for property damage and bodily injury sustained purportedly due to actions of the City on or about December 27, 1993. A2. 105: Approving minutes of the Community Redevelopment Commission meetings held June 22, 1994, and July 6, 1994. 105: Approving minutes of the Anaheim Private Industry Council meeting held April 28, 1994. 105: Approving minutes of the Public Utilities Board meeting held July 7, 1994. 117: Approving a Summary of Investment Transactions for July, 1994, as submitted by the City Treasurer. A3. 106: Adopting a seven-year Capital Improvement Program as part of eligibility requirements for Measure M funding. A4. 151: Approving Encroachment License Agreements with Kevin Oura and Jane oura and John A. Lacey and Kris A. Lacey as requested by Presley of Southern California for a block wall between Tracts 12696 and 12697 at the end of Laughingbrook Court (Encroachment No. 94-2E). A5. 170: Approving the Final Map of Tract No. 12698, and Subdivision Agreement with The Presley Companies; and authorizing the Mayor and City Clerk to execute said Agreement. Said Tract is located at the northeast corner of Sunset Ridge Road and Horizon View Drive. A6. 170: Approving the Subdivision Agreement of Parcel Map No. 93-207, said parcel being located at 3130 and 3150 East Miraloma Avenue. A7. 123: Approving Cooperative Agreement No. 65-003 with the State Department of Transportation to participate in the Field Operational Test Project Advanced Traffic Control System which includes the testing of advanced 479 ~ty Hall, Anaheim, Californi& - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. traffic signal system software and traffic video detection devices, a project approved for funding by the Federal Highway Administration and Caltrans. A8. 158: RESOLUTION NO. 94R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A9. 158: RESOLUTION NO. 94R-197:' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. Al0. 123: Accepting the bid, and authorizing the execution of a contract to Bradford Building Services, in an amount not to exceed $36,000 for janitorial services at the Police Department for two years with three one-year optional renewals, commencing September 1, 1994, in accordance with Bid ~5290. Ail. 184: Reviewing the need for continuing the Fourth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 1994, concerning the Santiago Landslide and Pegasus Landslide, in the City of Anaheim; and taking no action to terminate the local emergency at this time. Al2. 184: Reviewing the need for continuing the Second Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on April 5, 1994, concerning damage within the City of Anaheim resulting from the Northridge Earthquake occurring on January 17, 1994; and taking no action to terminate the local emergency at this time. Al3. 123: Approving an Agreement with the Orange County Conservation Corps (OCCC), forgiving a $50,000 debt in exchange for OCCC performing services equivalent in value to the amount of the debt. Jeff Kirsch, 2661W. Palais, Anaheim. He asked how much of the new services are services that would normally be contracted for the City already funded and in this case no additional debt or shortfall to the rest of the taxpayers and how many new tasks created to satisfy this debt that would not ordinarily be budgeted. City Manager Ruth. It is a "hit" on the General Fund but the City is getting services in return for that "sweat" equity. The City is monitoring that very closely and it will not deter from any other programs and services accommodated in the budget for 1994-1995. It is revenue that will not be coming back to the City but the City is getting equity in return. It is a very positive project for the Boys and Girls Club on Broadway and Philadelphia Street. Al4. 123: Approving the North Net Fire Dispatch contract between the cities of Anaheim, Fullerton, Garden Grove, and Orange, establishing the dispatch center in Anaheim, and establishing Anaheim as the administrator of the center. Al5. 161: RESOLUTION NO. 94R-198: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ADOPTION OF A MORTGAGE CREDIT CERTIFICATE PROGRAM BY THE ANAHEIM REDE%~LOPMENT AGENCY IN COOPERATION WITH THE COUNTY OF ORANGE, AUTHORIZING AN APPLICATION BY THE COUNTY ON BEHALF OF THE AGENCY TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY. 480 City Hall, A~mheim, california - COUNCIL MINUTES - Auqust 16~ 1994 - 5~00 P.M. Al6. 153: RESOLUTION NO. 94R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING PERTAINING TO BILINGUAL PAY BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM. (Increases the premium pay for designated employees to perform duties requiring the use of bilingual ability.) Al7. 153: RESOLUTION NO. 94R-200: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER-OF UNDERSTANDING PERTAINING TO A NINE PLAN ALTERNATIVE WORK SCHEDULE BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM. (Allows management of the Fleet and Facility Maintenance Division to assign a nine plan alternate work schedule.) A18. 153: RESOLUTION NO. 94R-201: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING PERTAINING TO SALARY RELATIONSHIPS FOR UTILITIES SERVICE WORKER BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM. A19. 153: RESOLUTION NO. 94R-202: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF ANAHEIM. (Establishes payroll procedures for determining whether police communications employees assigned to work twelve-hour shifts should be paid at the overtime rate or the straight time rate when working on a holiday.) A20. 123: Approving an amendment to the Gas Sales Agreement with Enron Access Corporation (formerly Access Energy Corporation), for Anaheim's gas turbine, extending the term of the Agreement to July 31, 1995; and authorizing the Public Utilities General Manager to execute the amendment on behalf of the City. A21. 123: Approving Amendment No. I to Capacity Purchase Agreement with Transphase Systems, Inc., and authorizing the Public Utilities General Manager to execute said Amendment and related documents on behalf of the City, as recommended by the Public Utilities Board at their meeting of August 4, 1994. A22. 175: RESOLUTION NO. 94R-203: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, DEPARTMENT OF TOXIC SUBSTANCES CONTROL, FOR A TECHNOLOGY TRANSFER PROGRAM, AND AUTHORIZING THE PUBLIC UTILITIES GENEPJ%L MANAGER TO EXECUTE DOCUMENTS AND TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM. A23. 123: Approving the Agreement with CH2M Hill for a not-to-exceed amount of $89,000 for consulting services for the preparation and presentation of a water cost-of-service study and water rates, and authorizing the Public Utilities General Manager to execute said Agreement on behalf of the City. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if there is going to be an element of public education in this program because the public needs to have a better understanding of the matter. Mayor Daly. The study includes a variety of public hearings and special public workshops. He suggested that Mr. Kirsch obtain a copy of the proposed study. City Manager Ruth. There will be plenty of opportunity for public input. Those opportunities will be announced in advance and input encouraged. 481 City Hallt Anaheimt Californ£a - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. A24. 175: RESOLUTION NO. 94R-204: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL MANAGEMENT PROGRAM AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER TO EXECUTE NECESSARY DOCUMENTS AND TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM. 106: Amending the FY 94/95 Budget by increasing revenues and expenditures in account no. 501-521-6262 by $125,000. A25. 114: Approving minutes of the City Council meetings held June 21 and July 12, 1994. Roll Call Vote on Resolution Nos. 94R-196 throuqh 94R-204, both inclusive, for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Resolution Nos. 94R-196 through 94R-204, both inclusive, duly passed and adopted. END OF CONSENT.CALENDAR. MOTIONS CARRIED. A26. 105: BOARDS/COMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30, 1994: These appointments were continued from the meetings of June 28, July 12, July 19 and August 2, 1994 to this date. Council Member Pickler first posed questions to the City Clerk for purposes of clarification relative to the status of some members and the vacancies. Council Member Pickler nominated Andrea Manes to the Parks and Recreation Commission. Council Member Daly moved to close nominations. Council Member Pickler seconded the motion. MOTION CARRIED. Andrea Manes was thereupon unanimously appointed to the Park and Recreation Commission for the new term expiring June 30, 1998. council Member Pickler then posed questions to George McClaren, Chairman of the Senior Citizens Commission relative to the status of some Commission members. At the conclusion of discussion, Council Membar Daly moved to continue the appointments/reappointments to the Senior Citizen Commission for one week to clarify the interest of members that may wish to be reappointed and also filing the vacancy left by Mr. Sarno. Council Member Pickler seconded the motion. MOTION CARRIED. ITEMS BI - BI0 FROM THE PI2%NNING COMMISSION MEETING OF J~3LY 25, 1994, INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 16, 1994: BI. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2667 AND NEGATIVE DECLARATION: 482 City Hallt Anaheimt California - COUNCIL MINUTES - Auqust 16t 1994 - 5~00 P.M. OWNER: Kenneth W. Holt and Helen L. Holt, Trustee, 1557 W. Mable Street, Anaheim, CA 92702 AGENT: Fairmont Schools, Inc., A=tn: Glen Noreen, Bus. Mgr., 1557 W. Mable Street, Anaheim, CA 92802 LOCATION: 121 S. Citron Street (Fairmont Citron Campus). Property is approximately 0.73 acres located at the northwest corner of Chestnut Street and Citron Street. T© permit a 486-square foot modular classroom, a 450-square foot expansion for classroom/storage use and amendment to a condition of approval pertaining to maximum student enrollment with waiver of minimum structural setback. ACTION TAKEN BY THE PLANNING COMMISSION: Approved expansion and amended conditions of approval for CUP NO. 2667 (PC94-95) (6 yes votes, 1 absent) Approved waiver of code requirement Negative Declaration previously approved. B2. 179: CONDITIONAL USE PERMIT NO. 3417 AND NEGATIVE DECLARATION: B3. OWNER: A.G. Cassis, 413 Sharon Road, Arcadia, CA 91007 AGENT: Advanced Professional Medical, Attn: Sim C. Hoffman, M.D., 585 S. Knott Street, Anaheim, CA 92804 LOCATION: 545-595 South Knott Street. Property is approximately .68 acres located at the northwest corner of Knott Street and Orange Avenue. Petitioner requests the deletion or amendment to conditions of approval pertaining to the time limitation of a previously approved mobile medical unit within an existing medical complex. ACTION TAKEN BY THE PLANNING COMMISSION: Approved amendment to conditions of approval for CUP NO. 3417 (PC94-96) (6 yes votes, 1 absent). Negative Declaration previously approved. 185: DEVELOPMENT AGREEMENT NO. 88-05 CATEGORICALLY EXEMPT, CLASS 21: OWNER: Terry Dickens, California Drive-in Theatres, 120 N. Robertson Blvd., Los Angeles, CA 90048 LOCATION: 291 North State College Boulevard, City of Orange (Orange Drive-In Theatre). Property is approximately 6.7 acres located on the east side of State College Boulevard approximately 570 feet south of Orangewood Avenue. Termination of Development Agreement with California Drive=In Theaters, Inc. for the development of one 18-story commercial office building and a 2,843 space 6-level parking structure in Anaheim in conjunction with two 10-story and two 18-story commercial office buildings in the City of Orange (IDM Business Center). ACTION TAKEN BY THE PLANNING COMMISSION: Recommended that the City Council approve a Termination Agreement for Development Agreement No. 88-05 and the Reimbursement Agreement for Drainage Facilities - to be set for public hearing (6 yes votes, 1 absent). This item was set for a Public Hearing on Tuesday, September 13, 1994. B4. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3700 AND MITIGATED NEGATIVE DECLARATION: OWNER: Herbert P. Douglass, Eleanor C. Douglass, Theodore R. Douglas, 1409 E. Rose Avenue, Orange, CA 92667 AGENT: Tejas Partners Ltd., Attn: J. Michael Moore, 1717 W. Collins, Orange, CA 92667 483 City Ha11~ Anaheim, California - COURCIL MINUTES - Auqust 16, 1994 - 5=00 P.M. LOCATION: 1551 South Douglass Road. Property is approximately 7.3 acres located on the west side of Douglass Road and approximately 690 feet north of the centerline of Katella Avenue. To establish and construct a parking area adjacent to an indoor sports and entertainment facility (Anaheim Arena) with waiver of required landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3700 GRANTED (PC94-94) (5 yes votes, 2 absent).l Waiver of code requirement APPROVED. Mitigated Negative Declaration previously approved (with revisions to Mitigation Monitoring Program No. 71-A). B5. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3699 AND NEGATIVE DECLARATION: OWNER: The Byzantine Catholic Bishop of Van Nuys, 8131 North 16th Front, Phoenix, AZ 85020 AGENT: Rev. George N. Vida, 319 North Harbor Blvd., Anaheim, CA 92805 LOCATION: 999 N. West Street. Property is approximately 2.5 acres located on the west side of West Street and approximately' 590 feet south of the centerline of La Palma Avenue. To permit an 8,355-square foot church, a 5,950-square foot, 2-story social hall with basement and a 30-foot high bell tower with waivers of maximum structural height, minimum front yard setback, minimum setback of institutional uses adjacent to a residential zone, minimum rear yard setback, permitted accessory buildings, permitted signs and required parking lot landscaping. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3699 GRANTED (PC94-98) (5 yes votes, 1 no vote, and 1 absent). Approved Negative Declaration. Mr. Don Parsons, 700 W. Julianna Street, Anaheim. This is a request for a CUP submitted by the Byzantine Church to build a church and hall on West Street. Many variances are being requested, one being a height variance to which he objects. He does not believe that a 50-foot tower in a residential neighborhood is appropriate. If they get it, why not every neighborhood. He would like the Council to question whether the proposal is appropriate for their neighborhoods. Council Members Daly and Pickler thereupon requested a review of the Planning Commission's decision and, therefore, a public hearing will be scheduled for a later date. B6. 179: WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3701 AND NEGATIVE DECLARATION: OWNER: West street Development Company, Inc., P.O. Box 18021, Anaheim, CA 92807 LOCATION: 6270 E. Santa Aha Canyon Road. Property is approximately 0.94 acre located on the south side of Santa Ana Canyon Road and approximately 515 feet west of the centerline of Fairmont Boulevard and further described as 6270 E. santa Ana Canyon Road. To permit a child day care facility within two temporary trailers with waiver of minimum structural setback abutting a Scenic Expressway. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3701 GRANTED (PC94-99) (6 yes'votes, 1 absent). Approved waiver of code requirement. Approved Negative Declaration. 484 City Hall, Anaheim, california - COUNCIL MINUTES - Auqust 16t 1994 - 5:00 P.M. B7. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3698 AND NEGATIVE DECLARATION: OWNER: Shell Oil Company Los Angeles, a Delaware Corporation, Attn: J.N. Stegman, Southern California Dist. Engineer, P. O. Box 4848, Anaheim, CA 92803 AGENT: Tait & Associates Inc., Attn: Timothy Virus, P.O. Box 4429, Orange, CA 92613 LOCATION: 1200 N. Euclid Street. Property is approximately 0.84 acre located at the northeast corner of Romneya Drive and Euclid Street. To permit a service station with car wash facilities and a convenience market with waiver of (a) required structural setback (DENIED), (b) required landscape setback (APPROVED), (c) landscape requirements adjacent to street frontages (APPROVED), and (d) landscape requirements at interior boundary lines (APPROVED, IN PART). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3698 GRANTED, IN PART, waiver (a) DENIED, waivers (b) and (c) APPROVED, and waiver (d) APPROVED, IN PART (PC94-100) (5 yes votes, 1 absent, and 1 abstained). Waiver of code requirement APPROVED, IN PART, waiver (a) DENIED on the basis that it was deleted following public notification; waiver (b) APPROVED; waiver (c) APPROVED for Euclid Street only; and waiver (d) APPROVED, IN PART, the property owner/developer shall provide additional trees to meet the code required number of trees on less than 20 foot centers. Approved Negative Declaration. B8. 179: VARIANCE NO. 4255, CATEGORICALLY EXEMPT, CLASS 11: OWNER: Tobishima Development Co., 201 E. Sandpointe, Ste. 450, Santa Ana, CA 92707 AGENT: Patrick Faranal, Young Electric Sign Co., 1413 E. Philadelphia St., Ontario, CA 91761 LOCATION: 8205 E. Santa Ana Canyon Road (Pep Boy's). Property is approximately 3.34 acres having a frontage of approximately 120 feet on the north side of Santa Ana Canyon Road, having a maximum depth of approximately 600 feet and being located approximately 1050 feet west of the centerline of Weir Canyon Road. Waiver of permitted wall signs to'construct a 100-square foot wall sign. ACTION TAKEN BY THE PLANNING COMMISSION: Variance No. 4255 GRANTED, (PC94-101) (5 yes votes, 1 abstained, and 1 absent). B9. 155: REQUEST FOR PLANNING COMMISSION INITIATION OF THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND GENERAL PLAN AMENDMENT NO. 333: The proposed 549.5-acre Anaheim Resort Specific Plan and General Plan Amendment project area are generally located adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue. ACTION TAKEN BY THE PLANNING COMMISSION: Initiated application for SP 92-2 and GPA 333 (PC94-102). To be set for Public Hearing before the Council after Planning Commission action. B10. 179: VARIANCE NO. 3041 - REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: REQUESTED BY: Andrew W. Klein, M.D., 191 South Starlight Drive, Anaheim, CA 92807. LOCATION: 191 South Starlight Drive. 485 City Hall, a--helm, California - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. Petitioner requests an extension of time to comply with conditions of approval for Variance No. 3041 (waiver of maximum fence height and minimum structural setback to construct an accessory living quarter, garage, and fence) to expire September 19, 1995. ACTION TAKEN BY THE PLANNING COMMISSION: Extension of time to comply with conditions of approval for Variance No. 3041 APPROVED, to expire September 19, 1995. ITEMS Bll FROM THE PLANNING COMMISSION MEETING OF AUGUST 8~ 1994 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 18t 1994 Bll. 170: TENTATIVE TRACT MAP NO. 14697, REV. 1 AND MITIGATED NEGATIVE DECLARATION, RECLASSIFICATION NO. 94-95-01 WAIVER OF CODE REQUIREMENT~ CONDITIONAL USE PERMIT NO. 3702: OWNER: Jerome Marks, Sherrie R. Marks et al, 29 Invernes Lane, Newport Beach, CA 92660 AGENT: Huennekens, Quinn and Talcott, 17895 Von Karman Avenue, ~340, Irvine, Ca 92714 LOCATION: 2144 W. Lincoln Avenue. Property is approximately 6.47 acres located on the south side of Lincoln Avenue and approximately 102 feet west of the centerline of Empire Street. To establish a 60-lot (including 4 lettered lots) RM-3000 subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: Tentative Tract Map No. 14697, Rev. 1, APPROVED. APPROVED Mitigated Negative Declaration. Answering Council Member Pickler; Greg Bastings, Zoning Division Manager explained this is a new proposal which reduces down the number of units from the previous proposal of 108 to 60 and the units are detached. B12. 179: ORDINANCE NOS. 5443 AND 5444 FOR ADOPTION: Ordinance No. 5443 for adoption, amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Specific Plan No. 93-1, Hotel Circle); ordinance No. 5444 for adoption, Specific Plan 93-01 Hotel Circle (including Zoning and Development Standards, Design Guidelines and a Public Facilities Plan). (Both ordinances introduced at the meeting of August 9, 1994.) Council Member Simpson offered Ordinance Nos. 5443 and 5444 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5443: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SPECIFIC PLAN NO. 93-1, HOTEL CIRCLE). ORDINANCE NO. 5444: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIP~_L CODE BY ADDING THERETO CHAPTER 18.79 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 93-1 ($P 90-1) ZONE (HOTEL CIRCLE). Roll Call Vote on Ordinance Nos. 5443 and 5444 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly None None The Mayor declared Ordinance Nos. 5443 and 5444 duly passed and adopted. 486 City Hall, Anaheim~ California - COUNCIL MINUTES - Auqust 16~ 1994 - 5=00 P.M. B13. 170: REQUEST FOR REHEARING - REVISED SITE PLANS FOR TRACT NOS. 13513, 13514, 13515, 13516, 13517, AND 13518 THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN SP 88-2 (DEVELOPMENT AREA 101) ENVIRONMENTAL IMPACT REPORT NO. 281: The request for a rehearing was submitted by Douglas L. Mahaffey, Mahaffey & Cadden, on behalf of the Summit Pointe Homeowners Association and Summit Pointe Owners. The owner of the subject tracts is-The Baldwin Company, 16811 Hale Avenue, Irvine, CA 92714, Mr. Ron Freeman. The City Council at its meeting of August 2, 1994 approved the revised site plans for the subject tracts subject to conditions previously approved by the Planning Commission at its meeting of June 13, 1994 which included upgrading of the construction road to be used by construction vehicles. The decision of the Planning Commission was appealed by Douglas L. Mahaffey, Mahaffey & Cadden on behalf of the homeowners in letter dated June 22, 1994 and public hearing before the Council scheduled and held August 2, 1994. At the August 2, 1994 meeting, the Council approved the request for revision to the previously approved site plans also subject to the conditions previously approved by the Planning Commission at its June 13th meeting. A subsequent request for rehearing was submitted by Douglas L. Mahaffey, Mahaffey & Cadden and request for rehearing scheduled this date. Mayor Daly asked if the Council has received anything that brings to light something new and different on this issue. City Attorney White. The only document he has seen is the declaration and application for the rehearing submitted by Hr. Mahaffey on behalf of his clients homeowner's association. Having reviewed it, he does not see there is a legal Decessity to grant the rehearing based upon the grounds alleged in the application. However, any action is at the Council's discretion. MOTION: Council Member Pickler moved to deny the request for rehearing relative to revised site plans for the subject tracts. Council Member Fe!dhaus seconded the motion. MOTION CARRIED. Council Members Simpson and Hunter temporarily left the Council Chamber. (6:35 p.m.) SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 176: PUBLIC HEARING - ABANDONMENT NO. 94-4A: In accordance with application filed by the Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, 92805, a public hearing was held on proposed abandonment of certain public streets, highways and service easements located between Clementine Street and Harbor Boulevard, south of Lincoln Avenue pursuant to Resolution No. 94R-142 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. 487 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5200 P.M. Report of the City Engineer dated July 1, 1994 was submitted recommending approval of said abandonment. Mr. Richard Santo, Senior Real Property Agent confirmed that staff recommends approval of said abandonment. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Daly, seconded by Council Member Feldhaus, the City Council finds that the proposed activity falls within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Council Member Daly offered Resolution No. 94R-205 for adoption, approving Abandonment No. 94-4A. Refer to Resolution Book. RESOLUTION NO. 94R-205: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ?? APPROVING ABANDONMENT NO. 94-4A. Roll Call Vote on Resolution No. 94R-205 for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Simpson, Hunter The Mayor declared Resolution No. 94R-205 duly passed and adopted. Council Members Simpson and Hunter entered the Council Chamber. (6:38 p.m.) D2. 176: PUBLIC HEARING - ABANDONMENT NOS. 94-5A AND 94-6A: In accordance with application filed by Disney Development Company-West 500 S. Buena Vista Street, Burbank, _California. A public hearing was held on proposed abandenment of two electrical easements located south of Ball Road (Disneyland) pursuant to Resolution No. 94R-169 duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated July 11, 1994 was submitted recommending approval of said abandonment. Mr. Richard Santo, Senior Real Property Agent confirmed that staff recommends approval of said abandonment. Mayor Daly asked if anyone wished to address the Council; there being no response he closed the public hearing. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Daly, seconded by Council Member Pickler, the City Council finds that the proposed activities fall within the definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and are, therefore, categorically exempt from the requirements to file an EIR. MOTION CARR1ED. 488 City Hall, ~--heim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. Council Member Daly offered Resolution No.. 94R-206 for adoption, approving Abandonment Nos. 94-5A and 94-6A. Refer to Resolution Book. RESOLUTION NO. 94R-206: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ?? APPROVING ABANDONMENT NOS. 94-5A AND 94-6A. Roll Call Vote on Resolution No. 94R-206 ~or adoption: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 94R-206 duly passed and adopted. Council Member Feldhaus left the Council Chamber. (6:45 p.m.) D3. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3693 AND NEGATIVE DECLARATION: OWNER: Paul Mittmann and Margaret Ann Mittmann, 14501 Phillip Lane, Sonora, CA 95370 AGENT: Roger Stahlhut, 621 S. Clementine, Anaheim, CA 92805; PAUL KOTT C/O Paul Kott Realtors, 504 N. State College Blvd., Anaheim, CA 92805 LOCATION/REQUEST: The property is located at 101I N. Harbor Boulevard and is approximately 0.76 acre located on the west side of Harbor Boulevard and located approximately 250 feet north of the centerline of La Palma Avenue. The request is to permit a church including on-site food collection, distribution and storage facilities in conjunction with church activities with waiver of minimum number of parking spaces and minimum setback and yard areas for institutional uses. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3693 GRANTED (PC94-83) (4 yes votes, 2 no votes, and 1 absent). Approved waiver of code requirement. Approved Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Pickler and Feldhaus at the meeting of July 19, 1994 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - August 4, 1994 Mailing to property owners within 300 feet - August 2, 1994 Posting of property - August 5, 1994 PLANNING STAFF INPUT: See staff report to the Planning Commission dated June 27, 1994. Greg Hastings, Zoning Division Manager. He summarized the request as outlined in the staff report as well as the conditions that were imposed. He is also not aware of any changes that have occurred relative to the request. Mayor Daly opened the public hearing and. asked to hear from'the applicant or applicant's agent. 489 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5=00 P.M. APPLICANT'S STATEMENT= Paul Kott, 1225 W. Lincoln Avenue, Anaheim. (Subject property is at 1011 N. Harbor Boulevard - last 20 years the home of Port-A-Slope.) He represents Calvary Chapel Open Door Christian Fellowship. In addition, there is another organization teaming up with Calvary Chapel called God's International Resource-Link which is the food ministry mentioned previously. They were originally going to occupy the premises on a 50/50 basis but the plans have been scaled down. He clarified that there is no on-site food distribution going to take place at the site. This is only a distribution point for that service. Calvary Chapel has been currently meeting at Savanna High School in the auditorium for the last year. City staff recommended approval of the CUP and on June 27, 1994, the Planning Commission also approved the request. The food distribution portion will now only occupy 1500 square feet all indoors. Consequently, they will not be utilizing their approval for the two refrigeration coolers that would have been on the southerly side of the property and, therefore, will not be blocking the driveway now in place. This will restructure the circulation and keep it intact, so there will be full utilization of the driveways. There is no need to close them. They hope this will be seen by the Council that there will be no need to alter the current driveway status as asked by the Planning Commission. It would be an economic hardship and now it is not needed. His further understanding is that there is a limitation planned for the church congregation capacity which is currently at 70 people including the children. They are asking the imposed limitation of 70 be increased to 90. Relative to parking, there are 46 spaces on site. The Anaheim City School District Board of Education approved the use of the parking lot located at Horace Mann Elementary School on Sundays from 8:00 a.m. to 12:00 p.m., from September 1, 1994 to March 1, 1995. This will give an additional 58 spaces right across the street. There was also some concern about ingress and egress which has been there for 20 years. The Planning Commission imposed a left turn only. The church would like the ability to make a left or right turn in or out of the facility. He would defer to the traffic engineer for his advice. He respectfully requests approval of the CUP. He then introduced the pastor of the church, Pastor Roger Stahlhut. Joel Fick, Planning Director, the Planning Commission imposed Condition No. 4 which talked about the possibility of flexing the nut,her of people in attendance in the future. The condition says the number shall be limited to 70 on Sundays and 20 persons at other times but that condition may be modified by the Commission as a report and r~c0mm~ndati0n item uD0n recommendation by the City Traffic and Transportation Manager John Lower. Relative to the new information, he previously discussed this with John Lower and his understanding is that would be acceptable to Mr. Lower provided that proper documents exist that the parking spaces will be available. John Lower, Traffic and Transportation Manager. Relative to left and right turns out of the driveway, for the northern most driveway, he has no objection with a continuation of the left turns. There have been no problems. On the southern most driveway, it is his continued recommendation for that to be closed entirely. The reason is because of 490 City Hallt Anaheim, California - COUNCIL MINUTES - Auqust 16t 1994 - 5:00 P.M. the potential conflict with the driveway located very close to the south and it is within 200 feet of the intersection of La Palma. Pastor Roger Stahlhut. He is a 40 year Anaheim resident. Six-and-a-half years ago he went into the ministry. There has been some opposition expressed with regard to the concern over food distribution which at the Planning Commission was reiterated was not to give out food on site but it is distribution to give to non-profit organizations. He explained the main goal and purposes of the church. It is not for food distribution. It is to make a difference and a positive impact. He requested that the Council approve the request. PUBLIC DISCUSSION - IN SUPPORTS None PUBLIC DISCUSSION - FOR PURPOSES OF CLARIFICATION: Mr. Don Parsons. He is not in opposition but would like some clarification. He does not have to reiterate the conditions that exist around La Palma Park. Since the ~ubject property has become vacant, it has dramatically escalated negatively. Parking concerns have been addressed. He notes, however, that the church has already grown. He would like to ask that the CUP be for one year only so that the neighbors and Code Enforcement can evaluate the matter and see that all of the conditions continue to be met. A request that they do have since there is a real problem with some of the homeless now living on the corner, is that some type of fencing be put up for security. He knows it is an imposition to the applicant but they are dealing with problems never imagined in the 50 years he has been in Anaheim. It has become intolerable. He is also working with other properties to get them to help. Police Chief Gaston has also looked into the problem with them. He would like the Council to closely consider what he has suggested. He clarified for the Mayor that they would like a one-year approval instead of the three given by the Planning Commission and they would like the fence on the south on top of a block wall and on the east side where the entrances are perhaps gates that will swing open. The homeless people have become a nuisance and a threat to the residents on the north side. SUMMATION BY APPLICANT= Paul Kott. Because the building will no longer be vacant, the problems occurring there now will evaporate. By putting up a fence as recommended along the southerly side would serve no purpose and would be an economic hardship. Relative to a one-year approval, this would be a hardship on anybody. They are going to be making improvements to the building and the area. The cost is amortized over three years which makes it palatable, acceptable and doable. They are asking that the project be approved as previously stated by the Planning Commission. Regarding the southerly driveway, they would like it open for full circulation around the building. It has been open for 20 years without any incident. It is useable, functional and sensible and it is already there. 491 City Ha11~ Anaheimr California - COUNCIL MINUTES - Auqust 16, 1994 - 5:00 P.M. Council Member Pickler. The concerns that he and Council Member Feldhaus had were with the left turns onto Harbor. He would like to know if traffic is getting heavier or lighter on Harbor Boulevard. John Lower. The average daily traffic volumes along this segment of Harbor are staying pretty close to 1991 volumes of 35,600. They were up slightly in 1992 to 36,300 and decreased in 1993 to 34,500. It is a designated smart street. This is close to the 91 Freeway interchange and the driveways do result.in some impeding of traffic by the slowing down of vehicles making those turns. For those reasons they are hoping to consolidate the parcel to a single driveway. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member Hunter, seconded by Council Member Simpson, 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. He heard the applicant ask to delete Condition No. 5. It requires that all driveways be reconstructed to accommodate the 10 foot radius curve. He assumes if they left both driveways open, that would no longer be necessary. John Lower. The purpose is to provide an improved turning radius for the vehicles so that the turns from Harbor Boulevard could be made at a higher speed and not impede traffic as much. If both are to remain open, it would be hopeful that both would be reconstructed. At a minimum they would see a need for the northern driveway to be reconstructed and if the southern driveway is to remain open, it would be limited to right turns in and out. Discussions followed between Council Members and Mr. Lower relative to the closure of the driveways, turns out of the property, etc., at the conclusion of which, Council Member Hunter offered Resolution No. 94R-207 for adoption, granting Conditional Use Permit No. 3693, subject to City Planning Commission conditions but including the deletion of Condition No. 5. Refer to Resolution Book. RESOLUTION NO. 94R-207: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3693. Before a vote was taken, Council Member Pickler again expressed his concern and opposition to eliminating Condition No. 5. Therefore, he is basically opposed to the request. Annika Santalahti, Zoning Administrator. She believes that Council Member Hunter is interested in deleting Condition Nos. 5 and 10 which pertain to removal of the southerly driveway. Condition No. 10 is that the southern driveway be closed and replaced with curb, gutter and sidewalk and Condition No. 5 pertained just to the reconstruction for the l0 foot curb radius. Council Member Hunter thereupon amended the offering of his resolution accordingly. Annika Santalahti. Another point was the issue of raising the number of attendees on Sundays from 70 to 90. She asked if the Council wished it to be changed or to leave it as is and allow that kind of change to go back to the 492 City Hallt Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5~00 P.M. Planning Conuniseion ae a report item only. It would be pretty straight forward and a quick change to process. It is not like a public hearing. Council Member Hunter clarified that he is offering the resolution deleting Conditions Nos. 5 and 10. (He did not change the number of attendees on Sundays and, therefore, it remains at 70.) A vote was then taken on the foregoing resolution. Roll Call Vote on Resolution No. 94R-207 for adoptions AYES: COUNCIL MEMBERS: Simpson, Hunter, Daly NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Feldhaus The Mayor declared Resolution No. 94R-207 duly passed and adopted. Before concluding Mayor Daly asked if Council Member Feldhaus had left the meeting permanently or temporarily; Council Member Pickler stated that Council Member Feldhaus had left because he had another meeting to attend. Cl. 142: SMOKING ORDINANCE - POSSIBLE AMENDMENT TO CHAPTER 6.30 OF THE ANAHEIM MUNICIPAL CODE: To consider possible amendment of Chapter 6.30 of the Anaheim Municipal Code relating to smoking in public places. Report dated June 23, 1994 from the City Attorney was previously submitted recommending possible amendments generally conforming the City requirements to the more restricted requirements recently imposed by the County of Orange. (See minutes of July 12 and July 19, 1994, where the issue was previously brought forward and discussed.) City Clerk Sohl. She received a fax in her office today from Paul E. Sanford, General Manager, Carousel Inn & Suites in opposition to any smoking ban in the City. City Attorney White. He first gave additional information subsequent to the preparation of his staff report several weeks ago. He would be happy to put together any type of amendments the Council wants but they need to understand that there are forces at work that ultimately as of November could preempt anything they are trying to do. If the "no smoking" initiative that will be on the state ballot passes, it will preempt an Anaheim or any other city ordinance relative to more restrictive no-smoking requirements. Mayor Daly. Because of the importance of the Visitor & Convention Business in the City, it is necessary to know that the Visitor & Convention Bureau view this as not having a detrimental impact on their businesses and the potential revenues to the City. Until they know for sure, he feels it would be premature to act on this matter. They have heard from the Convention Center General Manager who is suggesting some exemptions to the Convention Center. Council Member Pickler. His concern is the health and welfare of the people in the City and the people who visit. It is time to stand up and be counted. He is certain that tourists will still come to Anaheim. 493 City Hallt ~--heim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5:00 P.M. MOTION: Council Member Pickler moved that Anaheim adopt the amendment to the current ordinance imposing greater restrictions on smoking in all public buildings. There was no second to the motion. MOTION: Council Member Daly moved that the proposed smoking ordinance be sent to the Visitor & Convention Bureau requesting their input as well as that of other interested parties in the tourism industry and the Chamber of Commerce. Council Member Simpson seconded the motion. Council Member Pickler voted no. Council Member Feldhaus was absent. MOTION CARRIED. C2. 108: FBRRWAY-ORIENTED BILLBOARD PROPOSAL DATED JULY 15, 1994, SUBMITTED BY REGENCY OUTDOOR ADVERTISING, INC.: Discussion and possible action concerning the proposal submitted by Regency Outdoor Advertising, Inc., relating to freeway oriented billboards. Council Member Hunter. He notes that Council Member Feldhaus has left the meeting for some reason. Since that is the case, he suggests that this matter be continued for one week. Also, they have just received updated information from the City'Attorney. MOTION: Council Member Hunter moved to continue any action on the subject for one week. Council Member Simpson seconded the motion. Before a vote was taken, Council Member Pickler stated he has no problems with the continuance. The City Attorney submitted ordinances to the Council that were drafted in the past. The new ordinance covers the proposal made by Regency removing so many boards from the inner city and putting them on the outskirts in industrial areas. city Attorney White. The memo he gave the Council had several issues that should be addressed and direction given to his office to draft a new ordinance. He gave the Council ordinances from 1992 which is the last time this issue was discussed. He felt the information in the Regency Proposal did not totally address certain issues and wanted to make sure he had direction from Council if they wanted an ordinance brought back. There are probably a lot of different issues. As he indicated in his memo, one of the problems is making sure all applicants are treated on an equal footing. If someone does not have a billboard in the inner city, how are they going to be treated if they want a freeway board. He then gave an example of how that might be done. After further discussion between City Attorney White and Council Member Pickler, Council Member Hunter clarified his motion is to continue the item for one week without any ~urther d~rect~on to s~a~ - ju~ that it be continued. The clarification was accepted by Council Member Simpson in his second. Council Member Pickler. He felt perhaps the Council could have the ordinance brought back at that time for action~ Council Member Simpson. There were two ordinances submitted and the City Attorney just said, he raised several legal issues under the blanket of attorney-client privilege. If they are going to agendize anything in addition to that, they should agendize that for discussion in Closed Session. He requests that they do that prior to determining what the ordinance should be. 494 City Ha11~ Anaheim~ California - COUNCIL MINUTES - August 16~ i994 - 5=00 P.M. A vote was then taken on the motion to continue the matter for one week, Council Member Feldhaus was absent. MOTION CARRIED. C3. 135: GOLF PRIVATIZATION - REVIEW OF KPMG PEAT MARWICK MANAGEMENT CONSULTANTS REPORT: Submitted was final report dated August, 1994 from KPMG Peat Marwick Management Consultants - City of Anaheim - Golf Privatization Analysis. The matter of Golf Privatization was discussed at the Council Meetings of June 7 and June 21, 1994 where extensive input and discussion took place (see minutes those dates). City Manager Ruth. Jim Burns from the firm of KPMG is present to present his findings. Copies of the subject report have been distributed to the City Council, Golf Advisory Commission, Budget Advisory Commission (BAC) and American Golf Company (AGC). The Golf Commission has also submitted their recommendation opposing privatization. Council Member Pickler. He noted that only four Council Members are present. The report has been submitted to the Council and he has read most of it and would like to go over it again. He understands the matter was previously referred to the Budget Advisory Commission and the new report was given to them but they have not had an opportunity to review it. He would like to have the BAC review the report and come back with a recommendation to the Council. City Manager Ruth. In order to do so, it would be necessary for the BAC to hold a special meeting since they are not scheduled to meet again until mid-September. Another question is when the Council is going to have five members present. Mayor Daly. Mr. Burns is present and has a formal presentation ready. They do not have a full Council at this time and that will be the case at some of the future meetings as well. He asked that Mr. Burns present the highlights of the report. John Burns, KPMG. He understands that the matter was presented at a previous Council Meeting and there were a number of people that came up and contested a lot of the assumptions. He prefaced his summary of the report by stating that Anaheim is very unique in that they are the only City he knows of that maintains the golf courses as well as they are currently maintained and makes as much money doing that as they currently make. The second thing is they really have an economic analysis which he performed and he realizes there are other issues to consider as well. He is going to go through the economic analysis and provide an economic conclusion. He does not feel he is in a position to make a recommendation to privatize because of the other issues which have to be addressed as well. In preparing their report, KPMG determined what they thought were the appropriate methodology for comparing City management of the courses and ~erican Golf. Mr. Burns then briefed portions of the report submitted (see report of August, 1994 - made a part of the record). The report included the following: (1) background and objectives, (2) work steps performed, (3) limiting conditions, (4) golf course consulting qualifications, (5) market analysis, (6) financial analysis, and (7) conclusions. 495 City Hall, Anaheim~ California - COUNCIL MINUTES - August 16, 1994 - 5~00 P.M. During his presentation, questions were posed by Mayor Daly for purposes of clarification. Mr. Burns then gave the conclusions of the report (see page 35), the first paragraph stating, "American Golf Corporation's offer to take over the management of the City's golf courses is a good offer that is worth a net present value benefit to the City of approximately 1.7 million dollars. Total cash flow over the 20-year period, -however, is projected to be 2.1 million more if the city manages the courses than if AGC manages them. The difference between the net present value and the cash flow analyses are the timing and the risks associated with each management scenario'S. Page 36 of the report states, "additionally, if the City chooses not to contract with AGC, we suggest that the City compare future city management of the golf course to the cash flow projections in this report. If the actual cash flows from operations are less than projected, then the City should reconsider privatization". Mr. Burns then stated, his conclusion is that the AGC offer is a very attractive one that the City should seriously consider accepting from an economic standpoint. However, he offers the following questions that he cannot answer for the Council but they should consider themselves: 1.) Is a 1.7 million dollar economic benefit worth turning management over to American Golf Corporation? 2.) Is 2 million dollars more in this year's General Fund and a creditable minimum guarantee worth sacrificing projected cash flows of approximately $200,000 better per year in the future? Those are based on some assumptions that there are improvements in operations. 3.) Can City management achieve the projected cash flows? 4.) Does Anaheim wish to be in the golf business? 5.) If the answer to the above questions is that the economic benefit is probably not worth it, could American Golf Corporation make a more attractive proposal? The AGC proposal was by far and away the most attractive proposal to the City. It was not like a competitive bid situation. He does not know what from a leverage standpoint the City could do to get them to increase their offer. Mayor Daly. He thanked Mr. Burns for bringing to them the kind of complete assessment of the pros and cons he was hoping for to help make the decision especially on the last five questions. The report makes excellent reading. He asked the City Manager if there were any questions or comments on the report. City Manager Ruth. One of the questions was, could the BAC meet next week. If that is the decision of the Council, staff would make every effort to have that occur prior to next week's Council meeting. Mayor Daly. There was a proposal by Council Member Pickler to refer the cost benefit analysis to the BAC. 496 City Hallt ~--heim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5500 P.M. City Attorney White. He reminded the Council that they did defer public participation on this item to this time and the law requires that they take public input. Mayor Daly. He wanted to clarify that there was a notion of referring the matter to the Budget Commission. They did ask that those who wanted to speak to hold their comments until now. It is not a public hearing but a matter of city-wide interest. He asked to hear from anyone who wished to speak on the matter at this time. The following people spoke to the issue and their comments are summarized: Sharon Ericson, President, AMEA. She was supposed to be in Lake Tahoe but since she thought the matter was to be voted on tonight, she made it a point to be present. She was concerned over the fact that Council Member Feldhaus had left the meeting and wanted to know what other meeting could have been so important. She does not know why the matter should be referred back to the Budget Advisory Commission since the Council did not listen to the Commission's recommendation before. Those present are upset as to why the Council cannot make a decision tonight. The Council was put in office to make decisions. She wanted to know how many more people had to appear before the Council to tell them that the golf courses should be kept under City management. Steve Cohodes, 7878 E. Rainview Court, Anaheim. He again spoke in opposition to privatization. He referred to facts and figures presented in the report (also see minutes of June 21, 1994 wherein Mr. Cohodes presented figures of his own) and concluded by stating that there are a number of things the City can do without giving away the "keys to the City" for the next 20 years, one being to hold the situation in abeyance for the next three years to see what Parks and Recreation can achieve in meeting or exceeding the annual revenue guaranteed by American Golf. Marilyn Hauk, Anaheim resident and representative of AMEA. To her the bottom line is, no matter what AGC promises, the minimum is all the City will get. The Council has not given staff, under Chris Jarvi's management, direction to perform as a business. She urges that they give that direction to see what the courses can do. Craig Kessler, Public Affairs Chairman, Southern California Public Link Golf Association, Buena Park, California. He gave an extensive presentation the bottom line being that there is no public support for going to a contract on Anaheim's golf courses. The City has done a superb job with great returns. Leonard Shapirot Los Angeles Observer, Tarzana. He spoke at length on why the City should not privatize the courses. Marty Tregnan, President Emeritus, Los Angeles Municipal Golf Association, Los Angeles. He traveled as far as Mr. Shapiro in order to convince the Council not to privatize emphasizing that public golf courses are for the public. He feels that Anaheim has an excellent golf system and should not give it up. James Bond, 5902 Arno Crescent, Anaheim. The Council has to consider whether to give up present quality and future benefits. They must heed 497 City Hallf Anaheimt California - COUNCIL MINUTES - Auqust 16t 1994 - 5:00 P.M. the staff's recommendation - do not sell the courses down the river along with future profits. Tina Stenning, 11871 Comstock Road, Garden Grove. She works at the Greenside Cafe at the Golf Course. She does not believe there is enough money as shown on the screen to warrant making the decision for privatization. She believes the City should be given a chance to maximize the return on the courses as Council Member Hunter stated last week. She feels that can be done. Jim Aiken, 21561 High Country Drive, Trabuco Canyon, Vice President, Anaheim Hills Golf Club. He presented petitions with approximately 1524 signatures gathered at the Anaheim Hills and Dad Miller Golf Courses. The heading of the petition stated, "We the undersigned golfers and/or Anaheim residents are opposed to the City of Anaheim turning over the operation of Dad Miller and Anaheim Hills Golf Courses to American Golf. We want the golf courses to continue to be maintained and operated by the City of Anaheim with no reduction in service or qualityl" Frank Hirahara, 601 N. Dryer, Anaheim. He again gave some of the reasons why he is opposed to having American Golf take over the City's courses. Ed Kline, Chairman, Golf Advisory Commission. He is present to read into the record the Commission's letter of opposition to p~ivatization of the City's courses dated August 12, 1994. (Mr. Kline then read the letter which had been made a part of the record.) After doing so, he emphasized that all of the assumptions made in the studies worked with an inflation rate of 3.5%. Over the last 15 years, there has been enormous grow~ch and golf course profits have increased dramatically. An increase of $200,000 per year of net profit to the City will be lost if the City goes to American Golf according to the KPMG report. Jeff Kirsch, 2661 W. Palais, Anaheim. Previous speakers have already established that in going to privatization the City would be severely undervaluing an as yet undeveloped asset and that would be a mistake. Darren Jones, 1813 Altaway, Anaheim. There should be a vote on the issue tonight. Council Member Feldhaus has done a disservice to the City by leaving. He feels the Council is trying to postpone a decision until no one is present. He hopes everybody comes back again and again in expressing their opposition to privatization of the golf courses. Jeff Farano, 2100 S. State College Blvd., President, Chamber of Commerce. The Chamber had the opportunity to review the report before the Council today. They had supported the issue of privatization and continue to do so. If it continues to be operated as a municipal golf course, it is clear that American Golf or a private operator such as ~nerican Golf can operate it for substantially increased revenues to the City. Miriam Kaywood (former City Councilwoman). Among other comments, she again emphasized as she did at the meeting of June 21, 1994 that the courses are one of the most wonderful things they have in the City - over 400 acres of beautiful open space. Many people bought their homes in Anaheim Hills for just that reason. Anaheim has been a unique community with many firsts - the first planned City in California, first 498 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5:00 P.M. bond for schools in California and it can remain the first and best in the public golf courses in California and in Anaheim. Bob Brent, 1331 N. East Street, Anaheim. Privatization will be signing the courses away for 20 years for a "carrot". The study shows the City can easily make three or four times what they will get with privatization. Keith Murdoch, 516 Wedgewood Drive, Anaheim (former City Manager). He was one of the first ones involved with golf courses in Anaheim. He is a bit disturbed philosophically. When they started to establish the idea of the golf courses in Anaheim, it was to provide a recreational facility which became two recreational facilities. Now the situation is changing with much more attention being placed on the bottom line. In the beginning, they were attempting to establish recreational facilities without the idea of having them make a profit. Before concluding, he stated he does have one concern on making the most out of the golf courses as possible. It was stated in the presentation tonight that in the agreement with American Golf that they can achieve a considerably larger number of rounds per year both at the Anaheim Hills and Dad Miller Courses but nowhere in the report did he find any justification for that statement. It is a key assumption. A difference in the number of rounds means a substantial difference in revenue to the private contractor. The City should call for a clarification of that assumption. If it is the assumption that Anaheim golf can provide the larger number of rounds because of a marketing procedure, perhaps that is legitimate. If the same number of rounds can be run through the two courses regardless of who is running it, then there is very little difference in the revenue figures and the gap becomes nothing. Loretta Sanchez-Brixey, 1308 N. Paradise Court, Anaheim. She commented on the differences between the two reports presented which she felt were like night and day. In her opinion, it was due to bad management and she explained why. She feels there is substantial benefit to privatization. She also agrees that there is a chance that staff could match the private proposal if directed correctly. She proposes that they either go into negotiations with AGC and see what the best deal is they can get for the City or in the alternative let staff manage the courses for another year and at the end of that time see what the results are and compare those with the KPMG report. If positive, then let staff continue to run the courses. If not, then give them to an operating company. The public input portion was concluded. MOTION: Council Member Pickler moved that the matter be referred to the Budget Advisory Commission for a recommendation and report back to the Council for a subsequent decision by the Council. Council Member Daly seconded the motion. Before action was taken on the motion, Council Members gave their input relative to the issue, their major points were as follows: Council Member Simpson. It is clear that privatizing the golf courses is not the will of the people and he does not believe it is necessary in order for the Council to get what it wants - well-maintained courses that turn a profit. It is also an issue of pride - the kind of pride that made Anaheim what it is today. 499 City Hall, Anaheim, California - COUNCIL MINUTES - Auqust 16~ 1994 - 5=00 P.M. Mayor Pro Tem Hunter. He is and has been opposed to privatization of the courses. It is the Council's responsibility to make the decision tonight. He does not want to see the members of the Budget Advisory Commission being lobbied by the lobbyists and that is what is going to happen. He does not know why Council Member Feldhaus left the meeting but he knows the City Attorney will confirm that if a vote is taken and it ends in a 2/2 tie, it will automatically be put over for a one week and it is his (Hunter's) opinion that was the plan. The net present value of 1.7 million over 20 years is $84,300 a year that the City would gain under privatization. He again questioned why give up the "cash register" for that amount of money. The employees from the golf division have done an excellent job. It has been stated over and again that staff has never been challenged by the Council to maximize revenue from the courses. There is overwhelming evidence that the courses should not be privatized and the Council should subsequently give policy direction to staff to maximize golf course revenues. He wants to vote tonight. Mayor Daly. He is surprised that staff continues to put in writing that they have never heard from the CQuncil that one of the goals is to maximize revenues. His job is to work for the taxpayers of Anaheim. He received the report on Friday and has had it for about two working days. The previous report was not well don~ in his opinion. The previous report was brought to the Budget Commission not by the Council but staff. If he were a Budget Commissioner, he would like to see this new and better report. He would like to hear from the Council's Citizen Budget Advisors as to what they think. Council Member Pickler. He is hoping the BAC will not listen to anybody. He is wondering if American Golf can make a more attractive offer. If not, they do not have to accept it. He feels they have to look at all opportunities and places where there might be increased revenues. Approximately $85,000 more a year is not going to convince him to privatize but if it were around a half million, then there is a possibility. Council Member Simpson. He will support a continuance to give the BAC an opportunity to make a recommendation but hopes that will be the final step. Council Member Pickler thereupon clarified his motion to refer the KPMG report to the Budget Advisory Commission for review and a subsequent recommendation to the Council. Council Member Daly seconded the motion. Council Member Hunter voted no. Council Member Feldhaus was absent. MOTION CARRIED. council Member Hunter asked if the matter was going to be coming to the Council next week; Mayor Daly. He stated that was the goal. Council Member Hunter. He would also like to have the caveat that the lobbyists not lobby the BAC. The Commission is not elected but appointed. he hears from someone on the Commission that they are being lobbied, he is going to bring it up at the meeting. If By general Council consensus, the Council recessed for 5 minutes. (9:15 p.m.) 5OO City Hallr Anaheimr California - COUNCIL MINUTES - Auqust 16~ 1994 - 5:00 P.M. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Members Feldhaus and Hunter. (9:30 p.m.) C4. 114: COUNCIL COMMENTS: Council Member Pickler. On the sex-oriented business, he asked what the Council wanted to do. Mayor Daly. He feels it is worth discussing in Closed Session with the City Attorney because he brought up a'couple of new points. He asked the City Attorney if the Council could adjourn to Closed Session and not come back into Public Session. City Attorney White answered no. It will be necessary to come back to adjourn the Council meeting. The Council will be recessing to Closed Session to continue discussion on Item 6 on page 19 of the agenda which is "conference with legal counsel pursuant to significant exposure to litigation under subdivision (b) of Section 54956.9 of the Government Code" If the Council recesses to Closed Session, they would have to come back to adjourn the meeting if for no other purpose. C5. 108: RECESS TO CLOSED SESSION - RE: SEX-ORIENTED BUSINESSES: Council Member Pickler stated that concerning the input from the public and discussion held earlier in the meeting on Sex-Oriented Businesses, he would like to propose that the City Council recess to Closed Session at this time. MOTIONs Mayor Daly moved to recess to Closed Session for the purpose of discussing the issue of sex-oriented businesses and to conference with legal counsel due to significant exposure to litigation. (Specifically item No. 6 on the Closed Session Meeting Agenda for this date, as noted by the City Attorney subdivision b, Section 54956.9). Council Member Pickler seconded the motion. Council Member Feldhaus was absent. MOTION CARRIED. (9:33 p.m.) AFTER RECESS: Mayor Daly called the meeting to order, all Council Members being present with the exception of Council Member Hunter. (9:40 p.m.) Also present were: James Ruth, City Manager, Jack White, City Attorney, and Leonora N. Sohl, City Clerk. MOTION~ Mayor Daly moved that the matter of a proposed emergency ordinance establishing a moratorium upon Sex-Oriented Businesses in the ML and MH Zones of the City be added to the agenda upon the finding that: After the agenda for this meeting was prepared and posted, it has come to the attention of the City Council that a new study should be conducted concerning whether Sex-Oriented Businesses, or other co~nercial businesses, should be permitted in the industrial zones of the City; and It has come to our attention today, that one or more Sex- Oriented Business Permit applications are now pending which must be acted upon by the City prior to the next City Council meeting; and 3. It would be contrary to the public safety, health or welfare to approve permits and permit the establishment of 501 City Hallf Anaheim, California - COUNCIL MINUTES - Auqust 16, 1994 - 5:00 P.M. such uses in the industrial zones prior to the completion of a new study concerning such matter; and 4e There is therefore a need to take immediate action upon the proposed moratorium and that the need for action came to the attention of the City Council subsequent to the agenda being posted for this meeting as required by law. Council Member Pickler seconded the motion. Council Member Hunter absent.) MOTION CARRIED. (Ail Ayes with Mr. White advised that he had prepared a proposed moratorium ordinance which would allow for a period of 45 days while undertaking a study, during which no new Sex-Oriented Business Permits or Licenses would be issued within either the ML or MH zones. If offered as an urgency ordinance, this will require 4/5ths affirmative vote of the City Council and will have to be read in full. Council Member Pickler offered Ordinance No. 5445 as drafted and presented by the City Attorney, as an urgency ordinance to take immediate effect. Refer to Ordinance Book. ORDINANCE NO. 5445: AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM MEASURE PROHIBITING CERTAIN USES OF PBOPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY IS STUDYING OR INTENDS TO STUDY AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. City Attorney Jack White read the text of Ordinance No. 5445 in full. Roll Call Vote on Ordinance No. 5445: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly None. Hunter The Mayor declared Ordinance No. 5445 duly passed and adopted. MOTION: Mayor Daly moved that the subject pending zoning proposal for a Sex-Oriented Business Permit be referred to staff for study and report back to the City Council within 45 days. Council Member Pickler seconded the motion. MOTION CARRIED. (All Ayes with Council Member Hunter absent). There being no further business, by general consent, the City Council adjourned. (9:55 p.m.) LEONORA N. SOHL, CITY CLERK 502