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1993/09/28City Hall r Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan DATA PROCESSING DIRECTOR: Janet Mace CIS PROJECT COORDINATOR: Bonnie Woodson DIRECTOR OF PUBLIC WORKS/CITY ENGINEER: Gary Johnson ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick TRAFFIC AND TRANSPORTATION MANAGER: John Lower A complete copy of the agenda for the m~eeting of the Anaheim City Council was posted at 3:30 p.m. on September 24, 1993 at the Civic center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of September 28, 1993 to order at 3:05 p.m., all Council Members being present. City Manager James Ruth. He introduced the first presentation - the Customer Information System (CiS) as proposed by the Utilities Department. 175: PB~SENTATION- CUSTOM_~R INFORMATION SYSTEM (CIS} - UTILITIES: Mr. Ed Aghjayan, General Manager of Public Utilities introduced the Data Processing Director, Janet Mace, the project manager. Janet Mace, Data Processing Director. Twenty years ago the system was a utility billing system. It is still functionally the same. The proposed system is a true customer information system which will be used by other departments in the City as well to provide accurate information. She then introduced Bonnie Woodson, Manager of Customer Services in Utilities. Bonnie Woodson, Manager, Customer Services. (The dual presentation by both Mrs. Mace and Woodson was supplemented by slides, hard copies of which were submitted - see, Replacement of Customer Information System, September 1993 - made a part of the record.) She briefed tho n~/reasons for replacing the new system, the first being, the new system is very cost effective. "Lack of on-l£n~ ~~ ~n~y and ~oal time Dr0ce~in~ are imDactin~ customer service response time." The new system can cut the processing time down to half. Customer service transaction totals covering 1993 are projected at 450,000, up from 409,000 in 1992 and a considerable increase from 262,000 in 1988. Mrs. Mace and Woodson then alternately briefed the remaining slides, documents which covered the status of the present system and mainframe capabilities, replacement alternatives, a detailed explanation on the selection process for hardware and software most suited to Utilities/City's needs, evaluating the vendor market, etc., leading to selecting & finalist in negotiating the contract. The reasons for choosing HTE were also explained - HTE, while the least cost solution, met 90 - 95% of the needs. The Cost Benefit Analysis Summary (1993-2003) shows an average annual benefit of $778,615, a total savings over 10 years of $7,786,155, net present value savings of $5,399,293, total one time costs of $3,120,444 and a cost/benefit ratio of 2.5. 671 City Hall t A-aheimr California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. The payback period for total project cost is 3.9 years. The system will provide information at a keystroke and give faster and.more complete information. Mrs. Woodson emphasized they are in the process of developing programs and competitive rates. The system will allow them to generate the kind of information needed to assess those things and give the competitive edge in order to stay at the forefront of their pricing and rates. Mrs. Mace in closing explained that although this is a Utilities project, there are impacts to the General Fund and those impacts are quite positive. The Treasurer's Office had to buy a new cashiering system within the next year or so at a cost of approximately $150,000 for a stand alone system. By incorporating that into this package, the Utilities Department is funding the AS 400, the computer itself, as well as the base software to handle cashiering. Cashiering will also be tied to the Utilities Customer' information base. There is a long list of things which she will not go through at this time but it is important to emphasize at least the potential for revenue enhancements. The Fire Department believes that they can market the Paramedic subscription program more effectively by having this software in place. They also feel there is an expansion opportunity for other departments. HTE is a software vendor that specializes in government software. They offer code enforcement systems, building permit systems and a number of other package8 that could be of use to the General Fund departments if funding becomes available to do that, all'run on the same computer system. Expansion capabilities in the future are virtually unlimited. Questions were then posed by Council Members revolving around the benefits of the system to other departments, a clarification of the cost savings, reasons for the increase in service transactions, time frame for implementation of the system, specifics of the agreements involved, resulting revenue enhancements and user departments, etc. Council Member Simpson. He commended staff for the outstanding job they have done and is particularly pleased with the 3.9 year payback which he feels is incredible; Mayor Daly stated that is based on the assumption that the cost savings is $800,000 a year. City Manager Ruth stated that staff will be monitoring the cost savings. City Manager Ruth then introduced the next workshop presentation to be given by Mr. Gary Johnson. 131: PRESENTATION - SR-91 EXPRESS LANES PROJECT - PUBLIC WORKS= Gary Johnson, Public Works Director and City Engineer. This is the second such presentation - the first time was when the project was under development. Now the project is under construction. He introduced Mr. Frank Wilson, Frank Wilson and Associates to describe the project, the project schedule, some of the impacts there may be to Anaheim residents and businesses and how they will be mitigated. Frank Wilson, Frank Wilson and Associates, Millcreek Drive, Laguna Hills. He first introduced Dennis Davis who is in charge of construction of the 91 Express Lanes. It is approximately a ten-mile project linking carpool lanes in Riverside County with carpool lanes on the 91 Freeway just west of the Santa Aha River by constructing four lanes in the center median. Because it is a median involvement, there is not a lot of outside widening and thus not a lot of impact on adjacent properties. The project is scheduled to be completed in December, 1995. At that time, the motorist will be able to purchase a small coaster size transponder, place it behind the vehicle mirror 672 City Hall, A, aheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5=00 P.M. and for about $1.75 average, will have a clean, smooth drive from one end of the 91 to the other. They have been working closely with OCTA, Caltrans and Anaheim to mitigate any problems the City might have. Dennis Davis. Through the procurement process, they were able to modify the major detour arrangement in the 55 - 91 area and change the construction schedule from 42 months to 29 months. He gave the details as to the reasons why the change was possible. He also stated that they had a few sound walls to build out against private property areas but the work is basically all in the median. They are 2~ months into the project and three weeks ahead of schedule thus far. Questions were then posed to Mr. Davis by Council Members relative to specific steps being taken to mitigate the impact to homeowners specifically .those in the Riverdale area, the impact of traffic restrictions and how those are planned to be mitigated, that residents who will be affected by the construction of sound walls, pile driving or any phase of construction will be notified on a one-to-one basis, etc. Mr. Wilson emphasized their commitment is to resolve problems or issues at the outset. Residents and businesses can call 1-800-600-9191 when they have concerns. Mr. Wilson than explained that this will be one of the first tests of congestion pricing in the United States. If the facility is too congested, people will not use it. It is a supply and demand situation. They want to keep it free flowing so that there is value to the patron. The toll is expected to go down significantly during off-peak hours, .50¢ or so. During peak hours, the cost will go up. Motorists approaching the facility will see the prices before hand in order to make a decision. Cars with three or more passengers will ride the lane free. Mayor Daly then posed questions regarding signage programs. If they can work out advance communication systems, that is crucial; Frank Wilson answered questions relative to signage. They are working with Caltrans on this issue and sharing the experience they had with complaints in the City of Santa Aha relative to the I-5 widening and the resolution of those concerns. In closing, Gary Johnson stated that the project will not have the impact they are going to see when the I-5 is widened through the City which he feels will be dramatic. The Lakeview traffic restriction discussed today is not of great concern since his department has a good plan to mitigate and handle any impacts. This project should go fairly smoothly as explained since most of the construction is taking place in the median area of the freeway. Mr. Wilson submitted for Council's information prior to the workshop a booklet enti~led~"$~a~e R0u~e 91 Express Lanes" which contained a fact sheet, photographs and additional information on the project, an historical overview, and the principals involved in the project - made a part of the record. The workshop portion of the meeting of September 28, 1993 was concluded. 'BECESS - FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items, including the addition of Item (g) which he announced as well. a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: 673 City Hall r Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; Anaheim Stadium Associates vs. City of Anaheim, et al., Orange County Superior Court Case No. 44-81-74. b. To meet with the City's Real Property Negotiator concerning acquisition or disposition of certain real property interests for property located generally at Douglass Road, owned by Herb Douglass and Ted Douglass. c. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. d. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. e. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b) (1). f. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. g. To meet with the City's negotiator concerning possible acquisition of lease hold interest in the Lowe School site from the Magnolia School District and subsequent lease to the Los Angeles Rams Football Company. RECESS: Council Member Simpson moved to recess into Closed Session. Council Member Daly seconded the motion. MOTION CARRIED. (3:55 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. (5:25 p.m.). INVOCATION: Reverend Stanley A. Quebe, Zion Lutheran Church, gave the invocation. FLAG SALUTE: Council Member Fred Hunter led the assembly in the Pledge of Allegiance to the Flag. 119: P~SENTATION B~COGNIZING WILLI~24 SELL -- CERTIFIED MUNICIP;tL FINANCE ADMINISTRATOR~ Mr. William 8e11, ~he City's Business License Collector was p~esen%ed w£~h a plaque by Mayor Daly in recognition of conformance to the specified standards of the Municipal Finance Administration as established'by the Municipal Treasurer's Association of the United States and Canada. It is awarded to those who through their knowledge and understanding of public finance have successfully carried out their duties within the Treasury Management Association. Mayor Daly and Council Members congratulated Mr. Sell who accepted the plaque and commended him on his award. 119: PBRSENTATION R_RCOGNIZING R_RPORT ON THE R~COLLECTIONS OF RALPH CLARK: Mr. Bill Griffith, Library Director, gave the background on the Oral History program of Cal State Fullerton which actually is no longer being done. 674 City Hallr A, aheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M. Anaheim has a number of oral histories which were completed under the program which are now part of the Anaheim history room collection. Elizabeth Schultz who has done so much for the history program in Anaheim conceived the idea that they should record the recollections of former Anaheim Mayor and Orange County Supervisor Ralph Clark and get them on paper. It has been a long time in coming but it is now complete, beautifully bound and tonight is to be presented to Mr. Clark. Mayor Daly. He thereupon presented Ralph Clark a copy of the recollections of Ralph Clark as commissioned by the Anaheim public library. It is his honor on behalf of the Council and citizens to present this document to Mr. Clark. Mr. Ralph Clark stated it was a pleasure for him to be Present this evening and to receive the report. He then recalled some of the momentous occasions and decisions he was involved in during his tenure as Councilman and Mayor of Anaheim as well as during his 16 years as a County Supervisor with Anaheim being the major City in his district. He also told of the fact that he was on the review board when now Council Member Hunter was applying for the Anaheim Police Department and that Mayor Daly was his intern when he was County Supervisor. In closing, he thanked everyone for the privilege and pleasure of being present this evening and for the special presentation. 119: THE FOLbOWING WERE R_~COGNITIONS AUTHORIZED BY THE_ CITY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: Recognizing Toast~asters' Month, in Anaheim, October, 1993 Recognizing Pollution Prevention Week, in Anaheim, October 4-10, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $1,887,820.25 for the period ending September 24, 1993, 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: 36 p.m. ) Mayor Daly reconvened the City Council meeting. (5:39 p.m. ) ITEMS OF PUBLIC INTEREST: Julie Mayer. She is present because she has a concern on behalf of the Anaheim Arts Council as the City's local Arts Agency. It is regarding the mural created by Emigidio Vasquez at the north Anaheim Boulevard location (Sanch0's Restaurant). The concern is ~ha~ ~he mural ma~ be compromised or painted out, Several other murals have been covered over or painted out due to lack of communication between the property owner and the agencies in the City which oversee the murals. She heard that Sancho's Restaurant had moved. When she saw that parts of the mural where being stuccoed over, she informed the property owner's agent and the rental management company that the murals are protected by California State Law for Arts Preservation. They had also contacted another artist to look at the mural. She also informed them that they had to go back to the original artist. They cannot alter another artist's work. She subsequently talked to Planning, the City Attorney and the Parks and Recreation Department which leads to her request tonight that the Council intercede in the matter. It appears that no City department feels they have jurisdiction over public art or all the art activities. She requested that the Council perhaps direct the City Attorney to write a letter to the property owner informing him that the murals are protected by California State Law as also are the artist's rights. The murals were created 675 City Hall, ~nahe!_~, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5=00.P.M. with Block Grant funding in the 1980's and an Anti-Gang Graffiti program for community youths. The respect for both the artist and the youth is very important to the community as well as beautification. She has a copy of the California Arts Preservation Law if it is needed. Answering the Mayor, City Attorney White stated he had not personally spoken to Mrs. Mayer on the matter but it was undoubtedly a member of his staff. There are two sections in the Civil Code of California Law, 987 and 989, relating to preservation of public art. Section 987 gives a right to the artist to the preservation of his/her art work regardless of who the owner of the work may be. The artist retains the right to make sure the work of art is not defaced, demolished or destroyed without the artist's ability to preserve it. That statute basically creates the rights in the artist. It does not give the City the right to represent the artist to make sure it is preserved. The most that could be done under that section is to locate the artist, make him aware and let him assert his right. Under Section 989, where the artist cannot be located or does not want to preserve the right, it gives non-profit organizations interested in art that have as part of their creed or charter the protection of public art, the ability independently to seek redress to obtain an injunction for damages where the artist himself does not assert his rights. It does not say the City has the right to do that on behalf of that group. He does not know the relationship the City may have to the art in question whether agreements with the owner of the property or with the artist but can look into that. Mrs. Mayer recommended that a letter be sent to the property owner informing them of the law. That can be done and anybody can do that. Probably the most efficacious would be to locate the artist and have him assert his rights under the State statute. He would be happy to look into whatever relationship the City has in this regard; Mrs. Mayer confirmed for the Mayor that she agreed it was a step in the right direction. Mayor Daly. He asked that the City Attorney summarize the situation in writing - the City's options and various alternatives for the Council's information. Michael Blanco, 424 N. Philadelphia, Anaheim. He stated it is recall time. He has two recall notices for two Council Members - the first to Mr. Feldhaus. He is present to serve him with a notice of intention to circulate a recall petition. Second, he is present also to serve Mr. Simpson with a notice of int~nti0n to circulate a recall Detiti0n. He asked ~ha~ ~r. Whi~e pass ~he notices to Mr. Feldhaus and Simpson. City Attorney White. Under the law he (Blanco) is required to make service. He (White) cannot do that. He suggested it be done at a break or some other appropriate time. Mayor Daly. He asked Mr. Blanco, if he wanted to serve the notices, that he do so at a break or after the meeting. That would be a better way to handle it. City Attorney White. The statute also provides that it can be mailed by certified mail. Michael Blanco. He then read the notices containing grounds for the proposed recall for both Council Member Feldhaus and Simpson. 676 City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. Karen Winkle, a group of thirty are present representing Anaheim residents living adjacent to Sante Fe Railroad tracks and where an additional track is being constructed. The trains will now pass less than five yards uphill from some of their properties. They are concerned for their safety. Because an EIR was waived, there are many public health and safety issues. They are specifically addressing the issue of a sound wall. They are asking that the sound wall be installed to decrease the noise level and to prevent hazardous waste from spilling down their slope or onto the Woodsboro School field. It will not stop a derailment but will help mitigate it. They believe safety and environmental issues would make them a priority over other public improvements. Sante Fe Railroad has requested to have a dialogue with City of Anaheim officials and OCTA about the matter. At the end of the meeting, they would like to present petitions containing approximately 368 signatures requesting~sound walls. Mayor Daly. Some of the Council Members have seen the correspondence and understand what the residents want and are asking for. He asked if any clarification is needed. Council Member Pickler. He has had conversations and communication with Karen Winkle and also Nick a gentlemen who is with the group. Staff is also working on the matter. As he expressed, the resident's concerns are the City's concerns as well. He told Mrs. Winkle to proceed with what she is doing. He is going to help in resolving the problem. Mrs. Winkle confirmed for the Mayor that there has not been a formal meeting with City staff and the other involved agencies and Council Member Pickler is in the process of inviting them to such a meeting. City Manager Ruth. Staff is prepared to meet with them and based on direction from the City Council to take the initiative and work with the affected agencies to see if they can be helped. Mayor Daly. He wants to be certain that the City Manager has the name, address and phone number of Mrs. Winkle in order to coordinate and schedule a meeting to discuss the strategy and where the funding may lie - whether Caltrans, OCTA or whatever. After that meeting, staff will inform the Council of what strategy emerges. Greg Hatfield. He has been living adjacent to the tracks for 17 years and acknowledges that he moved in knowing there was a train track behind his house. He then submitted three photos showing what happens now to his property every time it rains. (The picture showed the drainage from the area of the tracks going into his backyard.) He has contacted Sante Fe Railroad and the City but has not been successful in having anything done in the way of property maintenance or improvement on the railroad property and now they want to run a new set of tracks through which will be 25 feet from his fence. A sound wall would be the least that can be done to help the residents. Eugene DiLuigi, 6263 Northfield. His concern is also for the health, safety and welfare of the residents between Imperial Highway and Weir Canyon Road. They are concerned about the new construction of the new track which will 677 City Hallf A-_ahei_mr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M. bring added rail traffic and Metro Link traffic. He is also a licensed general contractor and has put together photographic evidence. He thereupon submitted to the Council a booklet entitled, "Photographic Survey of Sante Fe Rail Extension Project" dated September 27, 1993. It contained eight pages of colored photographs with narratives Showing the proximity ~ the proposed new track to the Northfield Avenue residents and the Friendly Village Mobile Home Park reducing the distance to 20 feet from property lines ~n Northfield and closer in other areas; the drainage culvert recently installed, the design of which will direct drain water into the residents properties; the general congestion in the area; etc. Their concerns are relative to sound, possible derailments and hazardous materials spills and the only barrier at present is red wood fencing. Safety and quality of life are foremost;- Kat'hy Wright. She lives in the Friendly Village Mobile Home Park, 75 feet from the existing tracks. Twenty years ago when she moved into the park, there was a minimal amount of traffic on the line, but over time the number of trains has increased. She then reported on a.meeting held in 1979 or 1980 with a representative of the City of Anaheim, Yorba Linda, the Santa Fe Railroad, the owner of the park, the manager and herself. [At that time, they addressed the problem of not having a sound wall. The mob.ile home park and the housing tract next door were the only two properties without a sound wall. They had "slipped through the cracks" and they could not make the need for a 8ound wall retroactive upon the developer. She then explained the situation relative to the widening of Esperanza Road to a major road to accommodate the development on what was once the Yorba Ranch and Yorba Linda. The bottom line was when and if the time ever came, the City, Santa Fe and the City of Yorba Linda would work together to resolve the problem that should not have been there to begin with. Relative to the noise level, Lisa Stipkovich who still works for the City was involved at the time. The residents were going to buy the park and one of the requirements for that to happen as stated in the EIR was that they had to construct a sound wall. A sound study was done at that time which is probably still available in the City records. Even at that time, the noise was way above healthy sound levels. Council Member Pickler. With reference to the railroad crossing at Esperanza and Imperial, the City Manager, Planning Commission, Gary Johnson, the Public Works Director and John Lower the Traffic and Transportation Manager will be working on the issue and will be in touch with the residents. Hopefully together they can resolve the problem. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items A9, All, A16, A17 and A19 (see discussion under those items). MOTIONs.. CounGil Member Pickler moved to waive reading in full of all ordinances and' resolutions to be acted upon for the Council meeting of September 28, 1993. Council Member Feldhaus se~on~e~ the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:. On motion by Council Member Hunter, seconded by Council Member Pickler, 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 Hunter offered Resolution No. 93R-195 for adoption and offered Ordinance Nos. 5396 and 5397 for introduction. Refer to Resolution Book. Al. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held August 4, 1993. 678 City Hall f A, aheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M. A2. 123: Approving an Agreement with P & D Technologies, in an amount not to exceed $85,500 for engineering design services to widen and rehabilitate Anaheim Boulevard from Ball Road to Cerritos Avenue. A3. 123: Approving a First Amendment to Agreement with IW.A Engineers, in the amount of $20,000 to provide administrative, coordination, ~and support services for freeway projects. ~ _ _ A4. 167: RESOLUTION NO. - ...... .: Expressing interest in participating in a countywide signal pre-emption system" Opposing the use of Measure M funds for the Countywide signal pre-emption system. Council Member Pickler. He is asking for a two-week continuance on this item. He has no problem with the first part of the resolution but a problem with the proposed use of Measure M funds. He would like time to get additional comments from Police and Fire. Council Member Pickler moved to continue~ the subject proposed resolution and the use of Measure M funds for the-countywide signal pre-emption system for two weeks to October 12, 1993. Council Member Hunter seconded the motion. MOTION CARRIED. AS. 123= Waiving Council Policy 401, and approving an Agreement with Boyle Engineering Corporation, for a fixed fee of $87,684 to complete final design of a pedestrian undercrossing and other preliminary engineering services for the Anaheim Stadium AMTRAK/Commuter Rail Station. A6. 123: Approving a Sublease Agreement for office space rental at Anaheim Stadium between the City of Anaheim and Mickey Thompson Entertainment Group. A7. 123: Approving a Sublease Agreement for office space rental at Anaheim Stadium between the City of Anaheim and Orange County Sports Association. AS. 106: Approving $12,191,966 of expenditure appropriations and $10,521,739 of revenue appropriations from fiscal year 1992/93. A9. 150.' ORDINANCE NO. 5396 - INTRODUCTION..:.. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 13.08 BY ADDING SECTION 13.08.100 AND SUBSECTIONS 13.08.020.220 AND 13.08.020.230 TO TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING TO USE OF PUBLIC PARKS. (Anti-Drug Ordinance. ) scott stevens. He is congratulating the Council ahead of time on their yes vote on this ordinance. It is a step in the right direction. He is speaking on behalf of the Somebody Group. He knows that people who intend to visit the City's parks are greatly appreciative although it may be challenged. Mayor Daly. They will still need the help of Mr. Steven's Group to make it successful. Al0. 123: Authorizing a Second Amendment to Agreement with Edwin Webber, Inc., extending the term of the agreement to 12/31/93, for weed-abatement services. All. 123: Approving an Agreement with WCO Hotels, Inc., dba Disneyland Hotel, for additional police services on a year-to-year basis. 679 City Hall, ~ahe£_m, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. Mr. Jeff Kirsch, 2661 W. Palais Road, Anaheim. Noted while reimbursement to the City is for the actual salary and 8%, there is no mention of large benefit costs which have been the subject of discussions in the past when privatization of certain City functions is proposed. He feels more attention needs to be paid to the adequacy of the agreement. A12. 184: Reviewing the need for continuing the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 7, 1993, and ratified by the City Council on September 14, 1993, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A13. 123: Approving a First Amendment to Agreement with KPMG Peat Marwick, and authorizing the City Manager to execute amendments for additional work as may be necessary to an annual maximum of $25,000 for outside auditing services. Al4. 123= Approving an Agreement with~ Ken Thompson, Inc., for emergency water system services as recommended by the Public utilities Board at their meeting of September 9, 1993, and authorizing the Public Utilities General Manager to execute said Agreement. A15. 175: ORDINANCE NO. 5397 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SUBSECTION .080 TO SECTION 1.04.730 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A PUBLIC UTILITIES HEARING BOARD. (For the purpose of making the final determination on any unresolved billing disputes. ) B_~SOLUTION NO. 93R-195:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND AS MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-178 AND AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION NO. 72R-600 AND AS MOST RECENTLY AMENDED BY RESOLUTION NO. 93R-185. (To amend Rules 5 and 10 of the Electric and Water Rates, Rules and Regulations designating the PUB Hearing Board as the final appeal body for disputed utility bills.) Council Member Feldhaus voted no on this it~. City Attorney White. If the Council approves the resolution under Item A15, it will go into affect upon the adoption and effective date of the ordinance which is being introduced this evening and will be acted upon next Tuesday. Al6. 123: Approving a First Amendment to Agreement with MICON, Inc., in an amount not to exceed $146,000 and extending the term of the Agreement for the continuing management of the final phases of the Customer Information System (CIS) project, as recommended by the Public Utilities Board at their meeting of September 9, 1993. Marilyn Hauk, Vice President, Anaheim Municipal Employees Association (AMEA). She is speaking to Item A16 only as it relates to Item Al7 regarding the Customer Information System (CIS) for Utilities. A lot of employees who have worked for the City for quite a while are familiar with the last time there was an attempt to install a Customer Information System and some of the failures that occurred. In June, 1987, the Council approved a contract with National Computer Corporation for $2 million dollars and it was scrapped when nearly completed. The question is why. She questioned if they are going to have to call in the contractors each time there is a problem because the 68O City Hall r A, aheim, California - COUNCIL MIhlFT~S - SEPTEMBER 28, 1993 - 5:00 P.M. contractor does not provide for training of City staff, will they be losing quality control, why buy software that cannot be run on the mainframe but will require the purchase of the AS400, why not upgrade the mainframe, etc. These are only a few of the unanswered questions, the main one being what happened to cause the failure of the last CIS project and what is being done to prevent the same from happening again. Mayor Daly. He asked what mechanisms are in place to ensure the City gets its money's worth from the investment as well as to monitor the ongoing cost savings in future years from the new system. City Manager Ruth. As outlined in the report, there is a substantial annual savings to the City of around $800,000 a year and the investment is paid back in 3.9 years. Five positions will eventually be eliminated as a result of the contracts and implementation of the program. Staff will be monitoring those cost savings on an annual basis and can report back to the Council as those cost savings occur. Mayor Daly. He asked for clarificatio~ if an annual report on the operation and success of the new system will be provided to the Council-. City Manager Ruth. They can do that. One of the cost reductions is an outside contract services and the elimination of certain data entry positions over a period of time. They can monitor the program easily and report back annually assuring the cost savings recommended in reality are achieved. A17. 123: Waiving Council Policy 306 and approving hardware purchase and software license agreement with the following vendors for the purpose of licensing, installing and implementing the fully-integrated Customer Information (CIS), Cashiering and Meter Reading Systems: HTE, Inc., - for systems software, cash register hardware, implementation services, training and modification programming, in an amount not to exceed $634,095 plus applicable taxes; and International Business Machines, CoFpo~ation (IBM) - AS/400 hardware, operating software, peripher&l oqui~ent, training and implementation services, in an amount not to exceed $961,353 plus applicable taxes; and ITRON, Inc., - hand-held meter read£ng and data collection hardware, operating software, implementation services, and training, in an amount not to exceed $159,306 plus Authorizing the Public Utilities General Manager to enter into agreements with ITRON, Inc., for annual hardware and software maintenance services in accordance with the terms of the Service Agreement. Authorizing the Data Processing Director to enter into agreements with HTE and IBM for annual hardware and software maintenance services, in accordance with the terms of the annual support and maintenance service agreements. Authorizing the Public Utilities General Manager to enter into future agreements for acquisitions of peripheral equipment needs which will include personal computers, local use printers, and production printing services and/or 681 City Hall, ~_~aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5=00 P.M. equipment not to exceed $390,000 which is allocated in the 1993/94 budget for Public Utilities in Capital Project 6793. (See discussion under Item A16 relating to this item. ) A18. B~COMMENDATION TO APPROVE THE FOLLOWING: 123= A ground lease between Herb Douglass and Ted Douglass and the City of Anaheim for public parking facilities adjacent to the Anaheim Arena. 149: The construction, maintenance and operation of a public parking facility on the County of Orange Katella Maintenance Yard, .located on the south side of Katella Avenue (Site 2). 149: The construction, maintenance and operation of a public parking facility on property located north of the former County Transfer Station, and west of Douglass Road (Site 3). 169: The construction of certain street improvements: Cerritos Avenue from Sunkist to Douglass Road; and on Douglass Road from Cerritos Avenue to north of Katella Avenue. This item was continued from the meetings of September 14 and September 21, 1993 to this date. City Manager Ruth. Staff has requested an additional continuance to Tuesday, October 5, 1993; the item was continued in accordance with staff's request. Roll Call Vote on Resolution No. 93R-195 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: Feldhaus COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-195 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. A19. 000: PUBLIC INPUT DISCUSSION - SOLID WASTE COLLECTION AND DISPOSAL SEWER MAINTENANCE AND STREET CLEANING SERVICES: To consider a resolution to adopt a new fee schedule of sanitation charges (solid waste collection and dis~mosal, sewer maintenance and street cleaning services; and to repeal Resolution No. 92R-101. This matter was continued from the meeting of September 21, 1993 to this date. Submitted was report dated August 27, 1993 from Deputy City Manager/Director 'of Maintenance, Tom Wood recommending approval of a revised schedule of fees for solid waste collection and disposal, sewer maintenance and street cleaning services. Mayor Daly. The Council had a workshop last week regarding this proposal (see minutes of September 21, 1993). 682 City Hall, ~naheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. City Attorney White. Under State law, any time fees are increased, it is necessary to publish a notice in the newspaper and to hold what the statute terms as a public meeting and to receive any public testimony at that meeting. There may be other people who wish to testify under this item. Ne recommends before taking action that the Mayor ask if there is anyone who wishes to add additional comments to that of Mr. Kirsch which are already in the record given under public comments on agenda items. Mr. Kirsch's comments were as follows= Jeff Kirsch, 2661 W. Palais, Anaheim. He is speaking for the rate payers. In these hard economic times, the rate payers are being asked to pay more money. It is not for any direct cost of providing service but because somebody's profits on recycled material sales failed to meet expectations. He then elaborated on his concerns and concluded by asking why rate payers should contribute more money for lost profits. He also gave some suggestions on how he believes money can be saved. The present agreement should be looked at. It is too generous to the contractor. The rate payers are the first resort. He asked that the Council consider that in their vote. Mayor Daly. He asked if there are any additional comments from any member of the public~ there was no response. Mayor Daly. He wants to point out that they had received quite a bit of background support material and that this is the first proposed increase in trash fees over a 30 month period. He also thanked Tom Wood for his thorough background report to the City Council in addition to the information supplied at the workshop on September 21, 1993. Council Member Hunter offered Resolution No. 93R-196 for adoption, adopting a new fee schedule of sanitation charges and repealing Resolution No. 92R-101. Refer to Resolution Book. R~_SOLUTION NO. 93R-196: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 92R-101. Roll Call Vote on Resolution No. 93R-196 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-196 duly passed and adopted. A20. 137/123: PUBLIC HEARING - ANAHEIM M~_MORIAL HOSPITAL ASSOCIATION R~EFINANCING - $46 MILLION...'. TEFRA hearing in connection with Certificates of Participation refinancing, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986. Submitted was report dated September 17, 1993 from the Finance Director, George Ferrone recommending that the Council hold the subject hearing as well as recommending approval of the proposed resolutions and by motion approving an agreement with Jones Hall Hill & White as bond counsel regarding the sale. 683 City Hall r Anaheim, California - COUNCIL MIFdTES - SEPTEMBER 28, 1993 - 5:00 P.M. Mayor Daly opened the hearing and asked to hear from anyone who wished to speak on the subject of the Anaheim Memorial Hospital Refinancing with any cost involved reimbursed 100% by the hospital; no one wished to speak. The public hearing portion was closed. Council Member Daly offered Resolution No. 93R-197 for adoption, approving the execution and delivery of an Installment Sale Agreement for the purpose of providing refinancing for certain health facilities and Resolution No. 93R-198 for adoption approving the form and authorizing the execution of certain documents in connection with the installment sale refinancing of health facilities for Anaheim Memorial Hospital Association and directing certain actions with respect thereto. Such resolution will= Approve the First Installment Sale Agreement (Security Agreement) relating to health facilities, to be dated as of October 1, 1993, between the hospital and the City (the First Installment Sale Agreement ). Approve the Second Installment Sale Agreement (Security Agreement) relating to health facilities, to be dated as of October 1, 1993 between the City and the Hospital (the Second Installment Sale Agreement ). Approve the Trust Agreement relating to health facilities, to be dated as of October 1, 1993, among Bank of America National Trust and Savings Association, Los Angeles, California (the Trustee), the City and the Hospital (the Trust Agreement). Approve the First Assignment Agreement relating to health facilities, to be dated as of October 1, 1993 between the City and Hospital. Approve the Escrow Deposit and Trust Agreement, to be dated the date of delivery of the Certificates of Participation, among Bank of America National Trust and Savings Association; as escrow bank thereunder, the City and Hospital, relating to the refinancing of the 1990 Agreement and the refunding of the 1990 Certificates (as such terms are defined in the Trust Agreement). Approve the Contract of Purchase, to be dated the date of sale of the Certificates of Participation, by and among the Underwriter, the Hospital and the City. Approve the form and distribution of a Preliminary Official Statement. Approve and authorize the distribution by the Underwriter of a Preliminary Official Statement to prospective purchasers of the Cert i f icates. Authorize and direct the Finance Director to deem "final" the Preliminary Official Statement prior to its distribution by the Underwriter; and Authorize the Finance Director to execute certain documents referenced in the Resolution. Refer to Resolution Book. 684 City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. B__~SOLUTION NO. 93R-197: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT FOR THE PURPOSE OF PROVIDING REFINANCING FOR CERTAIN HEALTH FACILITIES. B_ESOLUTION NO. 93R-198: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE INSTALLMENT SALE REFINANCING OF HEALTH FACILITIES FOR ANAHEIM MEMORIAL HOSPITAL ASSOCIATION AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Roll Call Vote on Resolution Nos. 93R-197 and 93R-198 for adoption: AYES: NOES: ABSENT .' COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 93R-197 and 93R-198 duly passed and adopted. MOTION: Council Member Daly moved to approve an agreement with Jones Hall Hill & White as Bond Counsel regarding the sale of Certificates of Participation for the purpose of refinancing' the project at a fee for legal expenses of approximately $50,575 which includes their out-of-pocket expenses. Council Member Simpson seconded the motion. MOTION CARRIED. BO~ AND COMMI$SION ITEM: A21. 105: APPOINTM_RNT TO THE COMMUNITY SERVICES BOARD: Appointment to the Community Services Board for the new term expiring June 30, 1997 (Dexter). This matter was continued from the meeting of September 14, 1993 to this date. City Clerk Sohl. One additional candidate was added to the list today and that is why the .Council has a recopied list along with the new application. Council Member Pickler nominated Frank Rosales. Council Member Daly moved that nominations be closed. Council Member Simpson seconded the motion. MOTION CA/~/~IED.~ Frank Rosales was thereupon unanimously appointed to the Community Services Board for the term expiring June '30, 1997. ITEMS BI - B9 FROH THE__ p.T..a~qNING COJO(ISSION ~ETINO OF SEPTEMBER 8, 1993 INFORMATION ONLY - _A?P~a~ PERIOD __ENDS SEPTEMBER 30, 1993: B1. 155/184: FINAL SUPPLEMRNT~L ENVIRONMENTAL IMPACT REPORT NO. 316, DEVELOPMRNT AGREEMENT NO. 93-01: OWNER: California State Teachers' Retirement System, a public entity, 7667 Folsom Boulevard, Sacramento, CA 95826 AGENT: O'Connor Realty Advisors, Inc., Attn: Mike Strle, Vice President, 11601Wilshire Boulevard, Los Angeles, CA 90025 Donahue Schriber, 3501 Jamboree Road, Ste. 300, Attn: Brad Deck, Vice President, Development, South Tower, Newport Beach, CA 92660 685 City Hall r ~-aheimr California - COUNCIL MI .NUTES - SEPTEMBER 28, 1993 - 5=00 .P.M. LOCATION: 444-600 North Euclid Street. Property consists of two irregularly-shaped parcels of land: Parcel 1 consists of approximately 38.25 acres bounded on the north by Crescent Avenue, on the east' by Loara Street, on the south by the Santa Ana Freeway (Interstate 5), and on the west by Euclid Street (Anaheim Plaza). Parcel 2 consists of approximately 8.82 acres located at the northeast corner of Crescent Avenue and Euclid Street, having approximate frontages of 620 feet on the north side of Crescent Avenue and 640 feet on the east side of Euclid Street. To consider Development Agreement No. 93-01 between the City of Anaheim and the California State Teachers Retirement System, a public entity, relating to the development of the subject property. ACTION TA~RN BY THE PLANNING COMMISSION: WITHDRAWN BY THE APPLICANT. Council Member Hunter left the Council Chamber. (6:38 p.m. ) B2. 179: .WAIVER OF CODE B_~QUIB_~M~NT, CONDITION_AL USE PERMIT NO. 3623 AND NEGATIVE.. DECLARATION OWNER: Frank and Sarah Minissale, 111 South Mohler Drive, Anaheim, CA 92808. LOCATION: 111 South Mohler Drive. Property is approximately 1.2 acres located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. To permit a 94-bed convalescent facility with waiver of minimum number of parking spaces. ACTION TA~_~N BY THE PLANNING COMMISSION: CUP NO. 3623 GRANTED, IN PART, (subject facility shall be limited to a maximum of eighty beds (PC93-99) (4 yes votes, 2 no votes, i absent). Waiver of code requirement DENIED (6 yes votes, I absent). Approved Negative Declaration (6 yes votes, i absent). Council Member Feldhaus. He is unclear on whether the use was approved for 80 or 89 bids. Page 5 of the documents refers to 80 bids instead of 94 as advertised or 89 bids as revised following the adjustment. Item 11 says it is limited to a maximum of 80. Annika Santalahti, Zoning Administrator. It was approved for 80 units and that was the second revision that occurred during the Planning Commission procedure. The advertisement was for 94, it went down to 89 and then was approved for 80 only. Council Member Feldhaus asked if the parking stays at 71 as required by code; Annika Santalahti. It is essentially the same. The parking waiver was denied. B3. 179: WAIVER OF CODE B~QUIBRM~NT, CONDITIONAL USE PERMIT NO. 3615 AND NEGATIVE DECLARATION: OWNER: Feder Family Limited Partnership, Attention: David and Susi Feder, 1000 E. Katella Avenue, Anaheim, CA 92805 AGENT: Donald Krotee Partnership, 515 N. Main Street, $200, Santa Ana, CA 92701 LOCATION: 1815 South Lewis Street. Property is approximately 0.58 acre having a frontage of approximately 235 feet on the west side of Lewis Street and located approximately 275 feet south of the centerline of Katella Avenue. 686 City Hall f Anaheim~ California - COUNCIL MINUTES - SEPTEMBER 28t 1993 - 5=00 P.M. To retain "industrially related" retail sales of furniture in conjunction with an existing furniture warehouse with waiver of minimum number of parking spaces. ACTION TA~E_N BY THE PLANNING COMMISSION: CUP NO. 3615 GRANTED, for one year to expire 9/8/94 (PC93-100) (6 yes votes, i absent). Waiver of code requirement APPROVED. Approved Negative Declaration. B4. 179: WAIVER OF CODE ~EQUI~__E~ENT~ CONDITIONAL USE PERMIT NO. 3630 AND NEGATIVE DECLARATION :. OWNER: Julia R. Amaral, P.O. Box 9415, San Rafael, CA 95912 AGENT: Michael Cho, 160 Centennial Way, Ste. 8, Tustin, CA 92680 LOCATION: 1168 S. State College Blvd. Property is approximately 1.3 acres located at the southeast corner of Almont Avenue and State College Boulevard. To permit a 15,744-square foot public dance hall with the on-premise sales and consumption of alcoholic beverages in conjunction with an existing restaurant with waiver of minimum number of parking spaces. ACTION TA~N BY THE PLANNING COMMISSION: CUP NO. 3630 GRANTED (PC93-101) (6 yes votes, I absent). Waiver of code requirement Approved. Approved Negative Declaration. Mayor Daly stated he had questions on this item~ Council Member Pickler stated he was going to request that it be set for a hearing. Mayor Daly. He wanted to know if there are any requirements for on-site security. Annika Santalahti, Zoning Administrator. The Police Department was involved. While there are specific conditions, approval was for one year to see how the activity will work out. Joel Fick, Planning Director. In addition to the one year, there were some conditions added at the request of the Police Department such as Condition 8 requiring the applicant to 'provide uniformed security guards in the parking lot. council Member Pickler. His concern is relative to parking. He wants to know w~e~ eh~y ar~ going eo ~ark. There i~ a 10t of residential in the area as well as a lot of traffic going to the Stadium. He is concerned that they might be over extending the area with this activity. The facility was only a restaurant before and now a dance hall is being proposed. The restaurant had alcohol previously but tieing it in with a dance hall, he has some concerns. He feels a dance hall is broadening the scope otherwise they could do what they want to do. Annika Santalahti. Relative to parking, in the strictest sense, there are 111 spaces on site. However, the center it is located in includes property to the west and some to the south with another 365 spaces in the overall shopping center that patrons could get to but the spaces around the building are more easily accessible. They did not identify any other locations in the public hearing. There were no people present from the residential area and the required notices were sent. 687 City Hall, A~aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. Council Member Pickler. There is dancing there now and they serve food and liquor. He asked why do they need the conditional use permit. Annika Santalahti. If there is dancing in connection with dinner, they can have dinner dancing but with dancing for a cover charge or ~ntry fee and no meals, then the Zoning code requires that they process a p._ublic hearing. . Mayor Daly. He has concerns about the parking as well whi_.~dh seems to be unclear. It says.that the number of required parking spaces will be determined by a parking study. He asked if that had taken place. Annika Santalahti. The parking study has been conducted and Traffic Engineering has reviewed it. John Lower, Traffic and Transportation Manager. The study was completed and approved by his staff. It was done by a private consultant. It showed a total of 476 spaces in the center. Actual traffic counts collected during the peak hours showed demand at 232 which is the existing deman, d. · Mayor Daly. They have far less spaces than that on their o. wn property. Also, the space immediately to the east 'is the.space he inquired about when the County asked for a waiver of a 60-day notice from the City.~ to establish an 11,000 square foot mental health facility (see minutes of September 14 and September 21, 1993) which is a new land use in the same shOpping center. The hours hopefully will be different than the dance hall but he feels it warrants a look. Joel Fick. A point he would make about parking in general, site investigations indicated that some of the surfacing of the lot was cracked and needed repair and restriping. The Planning Commission looked at that .and added a condition with respect to the character of the parking lot as well (Condition 12 ). Mayor Daly. Council Member Pickler has requested that the item be set for a hearing and he will support that request. It was determined that there would be a review of the Planning Commission's decision as requested by Council Members Pickler and Daly, and therefore, a public hearing would be scheduled at a later date. B5. 179: CONDITIONAL USE PERMIT NO. 3178 AND NEGATIVE DECLARATION: OWNER: Abdul-Hafiz Atam, 2100 N. Broadway, Santa Aha, CA 92706 AGENT: Architecterra, Inc., 1043 W. Civic Center Drive, Santa Ana, CA 92703 LOCATION: 1211-1245 ~. Knott ~tree~. Property is approx£mately 4.9 acres located at the southwest corner of Ball Road and Knott Street. Petitioner requests review and approYal o£ rev£s~ plans ko perm~ a 24,293-square foot (previously 25,303 square foot) expansion to an existing commercial retail center. ACTION TA~_N BY THE pLANNING COMMISSION: Revised Plans for CUP NO. 3178 APPROVED (PC93-102) (6 yes votes, 1 absent ). Negative Declaration Previously Approved. B6. - 179.' VARIANCE NO. 4233, CATEGORICALLY EXEMPT, CLASS 11.'.. OWNER: Penske Truck Leasing, 610 E. Ball Road, Anaheim, CA 92805 AGENT: James MacMillian, Inc., 8540 Commonwealth, Buena Park, CA 90621 688 City Hall~ An_aheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. LOCATION: 610 and 620 E. Ball Road. Property is approximately 4.17 acres located on the south side of Ball road and approximately 960 feet west of the centerline of Lewis Street. To construct an 8-foot high, 55-square foot, monument sign with waiver of permitted location of freestanding signs. ~ ACTION TA~_~EN BY THE PLANNING COMMISSION: ' Variance No. 4233 GRANTED (PC93-103) (6 yes votes). _ REPORTS AND RECOMMENDATIONS: . B7. 179: CONDITIONAL USE PERMIT NO. 1855 - REOUEST FOR PLANNING COMMISSION INITIATION OF TERMINATION OR MODIFICATION PROCEEDINGS: INITIATED BY: City of Anaheim LOCATION: 1701 North Blue Gum Street. . To consider initiation of termination or modification proceedings (to permit a car leasing facility with waiver of require.d enclosure of · outdoor uses). ACTION TA~_~N BY TH_E PLANNING-COMMI.SSION: Initiated procedure for possible revocation or modification of Conditional Use Permit No. 1855. BS. ~79: PROPOSED CODE A~-~ND~NT PERTAINING TO VARIOUS ZONING PROCEDURES CONTAINED WITHIN CHAPTERS 18.03~ 18.10~ AND 18.12: ACTION TAK~__N BY THE PLANNING COMMISSION= Recommended adoption to City Council with further amendments. See item B10. B9. 179= CONDITIONAL USE PERMIT NO. 3606 - REVIEW OF REVISED PLANS FOR SUBSTANTIAL CONFORMANCE FINDINGS= REQUESTED BY.' Les E. Lederer LOCATION: 1440 South Anaheim Boulevard. Petitioner requests review of revised plans for substantial conformance findings for Conditional Use Permit No. 3606 (to permit the on-sale and consumption of beer and wine within a proposed restaurant) in an indoor swapmeet. ACTION TAKE~N BY THE PLANNING COMMISSION: Revised Plans for CUP NO. 3606 were ~ound ko be in sub~ean~ial conformance. END OF THE PLANNING COMMISSION ITEMS. B10. 179: ORDINANCE NO. 5395 FOR ADOPTION: Adding and/or amending various sections and subsections of various chapters of Title 18 of the Anaheim Municipal Code relating to zoning procedures. (Introduced at the meeting of September 21, 1993, Item B4.) Council Member Daly offered Ordinance No. 5395 for adoption. Refer to Ordinance Book. 689 City Hallr Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5=00 P.M. ORDINANCE NO. 5395..=. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND/OR AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING PROCEDURES. Roll Call Vote on Ordinance No. 5395 for adoption.:. AYES: NOES: ABSENT '. COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly COUNCIL MEMBERS = None COUNCIL MEMBERS: Hunter The Mayor declared Ordinance No. 5395 duly passed and adopted. Bll. 179: ORDINANCE NO. 5398 FOR INTRODUCTION: Amending Title 18 to rezone property under Reclassification No. 91-92-19 located at 1320 - 1382 E. Auto Center Drive from the ML zone to the CL zone. Council Member Pickler offered Ordinance No. 5398 for first reading. ORDINANCE NO. 5398: AN ORDINANCE OF T~E CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 91-92-19 LOCATED AT 1320 - 1382 E. AUTO CENTER DRIVE FROM THE ML ZONE TO THE CL ZONE. Cl. 108: OBD~NANCE NO. 5399 - PROPOSED SEX-ORIENTED BUSINESS ORDINANCE: Recommendation of the CitY Attorney that the Council adopt an ordinance amending in its entirety, Chapter 18.89 of Title 18 of the Anaheim Municipal Code, and various other provisions of the Code relating to zoning for Sex-Oriented Businesses. This matter was continued from the meeting of September 14, 1993 to this date. Submitted was report dated September 23, 1993 from the City Attorney relative to the proposed ordinance recommending adoption of the ordinance as revised. This report supplements and restates the prior memorandum dated September 7 and September 13, 1993 concerning the subject (made a part of the record). City Attorney White. Before the Council tonight is a comprehensive revision of the City's adult entertainment business ordinance. The title has been changed to sex-oriented businesses and the substantive changes are outlined in the September 23, 1993 staff report. The City Attorney then briefed portions of his extensive 7-page report, specifically pages 3 and 4, which gave a summary of the proposed ordinance and the major provisions (see Items i thru 6). He also elaborated upon the distance requirements and the reasons for recommending the 400 foot requirement from residential zones or uses instead of the 750 feet. Two maps were ~0s~ed on ~h~ Chm~r wall prepared by the Plannin~ Department - one was prepared using the current separation of 450 and the other 750 feet. The courts provided that in addition to having the correct terminology in the ordinance, there must be a legitimate number of locations available so as not to adversely affect the ability of the uses to find locations within the City. At 750 feet there are 11 areas where such businesses can be located and at 400 feet, 22 areas. The dots on the maps indicate the locations of the ten existing sex-oriented businesses. After removing all of the areas protected or excluded, it is his opinion the 22 areas available at the 400 foot distance comply with all the legal requirements and would be defensible by his office in court. He is, therefore, recommending that the Council consider the introduction of the ordinance with the 400 foot limitation which is currently the code requirement. The majority of the 22 areas are located in the 690 City Hall, Anaheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M. industrial zones. The courts require if these businesses are to be located in zones other than commercial, those areas not only have to be legally zoned for those uses, but the areas have to practically be available. His staff has worked with the Planning Department, Police Department, Redevelopment as well as the City Treasurer's Business License Department to prepare the ordinance. He expressed his thanks to those departments for their much needed support and help and especially to the Zoning Administrator, Annika Santalahti who did the lion's share of mapping of the areas. O~DINANCE NO. 5399 - INTRODUCTION: Amending various provisions of Title 3, Title 4 and Title 18 of the Anaheim Municipal Code relating to sex-oriented businesses. Council Member Feldhaus offered Ordinance No. 5399 for first reading. ORDINANCE NO. 5399: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS PROVISIONS OF TITLE 3, TITLE 4 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEX ORIENTED BUSINESSES. Council Member Feldhaus. He noted that staff did look into his suggestion about prohibiting these businesses and areas where there are senior citizen homes and convalescent hospitals. Staff felt that they are well protected and none were affected. City Attorney White. Based upon the findings analyzing the locations of the senior citizen homes and convalescent hospitals, there is no location not currently protected by the distance requirements which could be added by making an additional restriction. These are located basically in residential areas. Mayor Daly. He appreciates the diligence applied to this endeavor. In the wake of the City's setback in the courts a few months ago, they are very hopeful that the new ordinance will accomplish the best protection for the residents of Anaheim. Chairman Daly reconvened the meeting of the Anaheim Redevelopment Agency, all Agency Members being present with the except£on of Agency Member Hunter. (7=00 p.m.) D1. 161: JOINT PUBLIC HEARING - REDEVELO~NT ~GEN~/CITY COUNCIL.: To consider the Area 5 Disposition and Develo~nt Agreement between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc., indicating the terms and conditions of the sale of certain real property within Redevelopment Project Alpha. Area 5 Disposition and Development Agreement is for the construction of 66 townhomes and 85 single-family homes on the site which is bounded by Lincoln Avenue on the north, Broadway on the south, East Street to the east and the Atchison, Topeka and Santa Fe Railroad right-of-way to the west. Submitted was report dated September 28, 1993 from the Community Development Director recommending a two-week continuance of the subject public hearing. . Chairman/Mayor Daly. Staff has recommended a two-week continuance on this item and he assumes that recommendation still stands. He then asked if anyone wished to speak; there was no response. MOTION: Council/Agency Member Daly moved to continue the subject Joint Public Hearing for two weeks to October 12, 1993. Council/Agency Member Simpson 691 City Hall, ~aheim_, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. seconded the motion. Council/Agency Member Hunter was absent. MOTION CARRIED. (7:01 p.m.) ADJOURNMRNT - RE_DEVELOPMENT AGENCY: Agency Member Daly moved to adjourn, Agency Member Simpson seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. ( 7: 01 p.m. ) C2 · COUNCIL COMMENTS :.. 114: COMMRNT ON PROPOSED NOTICE OF INTENTION TO RECALL: Council Member Simpson. This is the second time in his life he has been accused of something and does not have the slightest notion of what it is about. He and Council Member Feldhaus apparently have been targeted, for recall. It seems from what Mr. Blanco said that the two of them have conspired to down grade all of the neighborhoods in Anaheim precisely contrary to what he said he would do when he was elected to the Council. Since he had been around politics his entire life, he was not foolish enough to make promises as to what he would or would not do. The one promise he did make and he made it consistently is that he would do everything he could to increase the-number of members of the gang unit in the Police Department. That was done, not single handedly but it was accomplished. He made no other campaign promises. He did say that he would work to maintain the integrity of neighborhoods and to the best of his knowledge he has done that. He is, therefore, stunned by this move. 114: BRQUEST TO PB~PAB~ AGG_R~_SSIVE BEGGING ORDINANCE: Council Member Pickler. He would like to have the City Attorney bring back a draft of an ordinance relating to begging - an aggressive begging ordinance. One problem is persons begging in medians where there is a great deal of traffic. He feels they are leaving themselves open to problems if this continues. He would like an ordinance prepared for discussion purposes that will eliminate some of the problems relating to begging. City Attorney White. He has given a report to the Council about two possible ordinances. One is to prohibit solicitation of any type - begging or selling flowers or oranges or whatever in the public rights of way where it is directed at vehicles moving on the public streets. The other is what he would term as the aggressive begging ordinance which would be an ordinance that would meet the language of Blair vs. Shannan the Federal case a year or so ago which threw out the State statute relating to begging. He can do both of those or either one, whichever the Council wishes. He is hearing two things, the aggressive begging terminology and also the rights of way directed at medians. Council Member Pickler. He would like to see a draft prepared on an aggressive begging ordinance. Council Member Feldhaus suggested that the City Attorney check with Seattle, San Francisco and San Diego on their ordinances. City Attorney White. He has the San Francisco and San Diego ordinance and feels he can modify those in a way the Council would consider favorable. San Francisco has had the ordinance close to a year and has made hundreds of arrests but they have not prosecuted a single person under that ordinance. He believes he can bring back an ordinance that will have definite standards that relate to types of conduct that would be considered aggressive begging. 692 City Hall, Anaheim, California - COUNCIL MINUTES - SEPTEMBER 28, 1993 - 5:00 P.M. Council Member Feldhaus. In San Francisco, they are trying to make a transition and that is why they did not prosecute. They wanted to put people on notice. 114: CONTINUATION OF GRAFFITI PROGRAM: Council Member Feldhaus. The Council three months ago asked the City Manager if he could come up with $25,000 for a special program to address the graffiti problem in Anaheim. Code Enforcement took the reins and began an aggressive program. The third report was submitted recently showing continued success. The program is into its forth month but the $25,000 is about exhausted. With all of the good results with the program, he would ask that the Council give consensus to finding another $25,000 to continue the program. Council Member Pickler. He suggested that staff come back with a report on what has transpired and to see where staff thinks they can come up with another $25,000. Mayor Daly. Council Member Feldhaus is suggesting that the program continue and that the Council direct staff to find the money. He asked if the final assessment had been done as to the success of the program. He saw a progress report and has not had a chance to read it in its entirety. City Manager Ruth. Staff will submit a "wrap up" with their recommendation. The program met with more success than anticipated. Everybody has been commenting that citywide, graffiti is down. Police and Code Enforcement have done a good job. There has been a lot of citizen participation. It is working. Mayor Daly. He asked that staff recommend ways of continuing to fund the program. This is the program where civilian observers stationed in neighborhoods augment the police forces. 114: GOLF OPERATIONS: Mayor Daly. The Council has previously discussed golf operations in a public workshop session (see minutes of August 24, 1993). He had wanted to try to make a decision one way or the other. Council Member Pickler had expressed interest in obtaining more information. Council Member Pickler. He would like to wait at least another week before any further discussion on the matter. 161: JOINT M~ETING WITH TM~ COMMUNITY REDEVELOPMENT COMMISSION, TUESDAY, OCTOBER 5, 1993: City Clerk Sohl reminded the Council of the joint meeting with the Community Redevelopment Commission next Tuesday at 2:00 p.m., and that today's Council meeting is to be adjourned to 2:00 p.m., October 5, 1993 for the joint meeting. She also asked what items the Council would like to see on the agenda. .Mayor Daly. He and Council Member Feldhaus met with the Redevelopment Director last Tuesday and talked about the potential agenda - an update on Anaheim Plaza, update on the Proposed Brookhurst Street Redevelopment project area, the South Anaheim Boulevard Redevelopment program which is linked to the North Lemon Street Redevelopment program as well as any other issues that need to be discussed. 693 City Hall r ~-aheimr California - COUNCIL MINUTES - SEPTEMBER 28r 1993 - 5:00 P.M. Council Member Simpson. There is a piece of legislation proposed that might be worthwhile discussing as well. It is a proposal that makes redevelopment a pass through (AB1290). Mayor Daly. Mrs. Stipkovich also had a couple of other items, an additional one being a status report on the Proposed Kaufman & Broad Townhomes in the downtown redevelopment area. ADJOURNMENT: Council Member Daly moved to adjourn to Tuesday, October 5, 1993 at 2:00 p.m. for a joint meeting with the Community Redevelopment Commission to be follOwed by the regular meeting of October 5, 1993 starting with a Closed Session at approximately 3:30 p.m. and the public portion at 5:00 p.m. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. (7: 14 p.m. ) LEONORA N. SOHL, CITY CLERK 694