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1993/10/05C£ty ~all, Anahei_mr California - COUNCIL #INUTES - OCTOBER 5, 1993 - 2:00 P.M. The City Council of the City of Anaheim met in adjourned regular session (adjourned regular meeting of September 28, 1993 held October 5, 1993) for a joint meeting with the Community Redevelopment Commission (CRC). PRESENT: ABSENT: PRESENT: PRESENT: ABSENT: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl REDEVELOPMENT/ECONOMIC DEVELOPMENT MANAGER: Richard BrUckner COMMUNITY REDEVELOPMENT COMMISSION: Chairman Paul McMillan, Paul Bostwick, Thomas Holguin, Cheryl Perreira, Mary Ruth Pinson, Doug Rennet COMMUNITY REDEVELOPMENT COMMISSION: Robert Linn A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on October 1, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the adjourned regular meeting of September 28, 1993 (held October 5, 1993) to order at 2:15 p.m., all Council Members being present with. ' the exception of Council Member Hunter. 16~: JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT COMMISSION: This is a joint meeting with the Community Redevelopment Commission. Chairman McMillan called the Community Redevelopment Commission to order, all Commissioners being present with the exception of Commissioner Linn. (2:15 p.m.) Mayor Daly first welcomed the Redevelopment Commissioners, expressing Council's appreciation for their time in meeting with the Council. Richard Bruckner, Economic Development Manager advised that Lisa Stipkovich, Executive Director of Community Development, is out of town due to an illness in her family. He received a call a few minutes ago from CALSTRS and Jan Wohlwend at the Plaza that the Walmart deal at Anaheim Plaza is signed and there should be a formal announcement at the end of this week with some other tenants having been signed as well. They would like to proceed quickly with the demolition and get on with things. Staff is very pleased to relay this news. city Manager Ruth. They will also be announcing four other major tenants oomin~ in with them. It i~ ~r~at new~. It is indicative of the excellent job by staff and the Commission, and Council leadership. Relative to the agenda items for the workshop, he would like to start with the fourth item for the benefit of legal counsel. PENDING LEGISLATION IN SACRAMENTO - AB 1290: Richard Bruckner introduced Tom Clark, Agency Special Counsel, to give a briefing on the bill now sitting on the Governor's desk. Tom Clark, Special Counsel. AB 1290 was a bill offered by Assemblyman Eisenberg but sponsored by the CRA in an effort to create a reform package 695 C_C£t¥ Hallr ~_nahe£mr Cal£forn£a - COUNCIL MINUTES - OCTOBER 5, 1993 - 2:00. P.14. that would address some abuses of Redevelopment, both perceived and real. The bill was negotiated to a point where a lot of the good things were eliminated. It does not affect Anaheim as much as many other agencies. The reform does not really address cities that are urbanized. There are six major areas in the bill - redefines blight, terminates the fiscal review process, establishes time limits on how long a plan can continue incurring indebtedness, eliminates the ability to spend money for new construction or rehabilitation of City Hall or administrative buildings, sales tax provisions and housing excess surplus. He then briefed each of these six provisions and subsequently answered questions posed by Council Members clarifying certain aspects of the proposed bill. Richard Bruckner. Because of certain provisions relating to the bill, the position it puts the County in and some other taxing entities, and because of the newness to the definitions of blight, staff would very much like to get the City's two new project areas adopted as soon as possible to avoid being the test case because there will be lawsuits. The County's position is that they have to sue to make their position whole. Mayor Daly. It would be helpful at some point to receive a written breakdown of the provisions and effects especially if the bill is signed, i.e., a brief summary of the things just highlighted by Mr. Clark. UPDATE ON ANAHEIM PLAZA: Richard Bruckner. Staff has prepared a brief slide presentation focusing not on the plaza area itself but on the surrounding area. (Also submitted was a booklet entitled - Plaza Redevelopment Project Area - Issues and Options - September 29, 1993 which consisted of hard copies of most of the slides presented - made a part of the record.) The presentation included project area goals and how the plaza relates to its environs with the focus on Euclid Street and also the corridor between downtown and the Plaza along Lincoln. Maps were also shown covering the overall concept plans, the framework plan, design guidelines, the concept design for the Manchester Corridor, an explanation of the auto dealership relocation (Mills Ford and possible relocation of Woody's Chevrolet) site improvements for the Board of Realtors property and a demonstration block illustrating proposed improvements to existing developments in the Plaza Project Area (east side of'Euclid between Broadway and Pampass Lane). Discussions and questioning followed by both Council Members and Redevelopment Commissioners answered by Mr. Bruckner relating to Chili's Restaurant which at the present time is closed, the prospects for the property at Euclid and Broadway (northwest corner), specifics relative to the realignment of Manchester, the future disposition of the Cal Fed building and site, that once the.project is complete, the Loara Street on and off ramps will be closed, the fact that the Taylor Lumber site is not a part of the project area, etc. Relative to Walmart, they want to open in the Fall of 1994 and want to have demolition of the present buildings and construction started after the first of the year. BROOKHURST STBRET B~DEVELOPMRNT AR~A - SOUTH ANAHEIM BOULEVARD REDEVELOPMENT PROGRAM: Richard Bruckner. Relative to the two areas, staff would like to have the projects adopted before January 1, 1994. In the next few months, there will be a number of actions before the Community Redevelopment Commission and City Council. Earlier today the Commission acted on some boundary modifications to 696 C£ty Hall, _2~_,nahe£m, Cal£forn£a - COUNCIL MINUTES - OCTOBER 5, 1993 - 2:00 P.M. the commercial-industrial project along north Anaheim Boulevard and those will be coming to the Council shortly. Following that there will be a notice for a joint public hearing anticipated in late November. That is the milestone date for redevelopment and at that point, they will ask that the EIR be certified. They are presently responding to comments. The milestone date on both projects is late November/early December. The next few months will be very busy with project adoption. Next Tuesday, the Council will see revisions to the boundaries. They have had four meetings for each of the project areas. They have been very well received by the community and there is good support for the adoption of these projects. Commissioner Mary Ruth Pinson. She confirmed that she has only heard positive comments from those in attendance at the public meetings she has attended on both project areas. Further discussion followed revolving around past annexation efforts of the County islands in the Brookhurst Corridor area, the future possibilities of annexation or assistance or cooperation with the County for improvements in those areas as well as discussions and questions regarding the status of other properties in the proposed Brookhurst Corridor project area which were discussed with the aid of posted aerial photos. .KAUFMAN % ~RQA~ TOWN HOMES/SINGLE FAMILY HOMES IN DOWNTOWN AREA: Richard Bruckner. There will be a Redevelol~nent Agency and City Council Joint Public Hearing next Tuesday to consider a Disposition and Development Agreement with K & B. The Redevelopment Commission completed its deliberation of the terms and conditions of that agreement about an hour ago and recommended approval to the Agency. K & B is proposing to develop 151 homes, a mix of townhomes and single-family homes in what is known as Area 5 bounded by Broadway, Lincoln, East Street and the railroad tracks. The intent is for the Agency to complete acquisition and then for it to be acquired by K & B in the Spring of 1994 and they will immediately start construction. It will take one to two years to construct and sell all of the homes. Everyone is anxious to get on with the project. The first project was very well received and is sold out. Six additional homes were constructed along Olive and all are sold. (Design drawings of the proposed homes were posted for Council review and price ranges of the homes were given by staff.) Mr. Bruckner also briefed the additional public improvements which will be taking place along East Street and Broadway in conjunction with the K & B project. NORTHEAST INDUSTRIAL AREA SPECIFIC PLANs Planning Commission and reviewed the subject specific plan, the EIR and the Redevelopment Plan Amendment. The EIR was out for comments, comments have been received and staff will be responding to those and moving forward. It has been the Council's desire to sort out some of the land uses in the northeast industrial area. Their intent in the specific plan is to do just that. The overriding intent is to provide a quality industrial/business park in that area. The focal point of the plan is the Tustin-La Palma intersection where the proposed commuter train will have a stop. They will be moving forward with all aspects of the plan before years end. Council Member Pickler. If it is that close before the plan comes to the Commissions and the City Council, he asked if it would be wise to hold back on CUPs or anything coming into the area; City Attorney White. It would require a moratorium in order to do that. 697 C~it¥ Ha11~ An&heimt C&liforni& - COUNCIL MINUTES - OCTOBER 5, 1993 - 2:00 P.M. Council Member Pickler. He does not favor a moratorium. He commented, however, that churches have been allowed in the industrial area under a CUP. He feels additional requests should not be approved until they know what is going to happen in that area. Redevelopment Commissioner Doug Rennet. He stated the com~ission is pretty much in agreement with the staff report. They have expanded areas where churches could be allowed. As they come up, they can identify them with the idea they will be acceptable under a CUP. It won't be a "by right" use but there will be more areas where they Can be considered. Discussion then followed relative to where retail uses are'proposed to be allowed which was briefed by Mr. Bruckner working from a posted map of the area showing areas proposed for different uses by color coding. (Commercial, light industrial, heavy industrial, retail uses and areas where churches would be al lowed ). Redevelopment Commissioner Paul Bostwick. At yesterday's .meeting, he brought up the retail uses and rather than just having pockets of retail, he recommended making the La Palma Corridor' and those other s.treets - Tustin, Kraemer, Lakeview - for retail or 'commercial uses. He. felt, why not automatically put those areas in along the corridor. He p~rsonally feels putting corridors through there would work better than just having islands of commercial/retail. Mr. Bruckner then explained the significant discussion the Commission had with the Planning Con~nission on the issue of commercial and retail and those areas that should remain as employment centers and office and industrial parks. Working from the posted map assisted by staff members Brad Hobson and Barry Kielsmeier, there was extensive discussion and questioning revolving around the areas where specific uses are designated and the ultimate specific plan that will be proposed as well as the areas where the 11 churches are presently located and those areas where churches would be allowed in the future. YKK: He wanted to take the opportunity to talk about this company which has relocated to Anaheim. Before the Redevelopment Agency tonight is an Owner Participation Agreement for the construction of the building and future building expansion to accommodate this zipper manufacturing business. It is a demonstration of the commitment to working with Utilities in a joint proposal to bring new business to Anaheim. He then introduced Barry Kielsmeier, Community Development's new business enterprise manager who will be working in the area of economic development. Before concluding the workshop, Mayor Daly asked if there were any additional comments. Redevelopment Commissioner Chairman Paul McMillan. He commented on an issue broached earlier, that of the possibility of annexing some County property along the Brookhurst Corridor area. It has been his impression over the years that it is the residents who have fought movements toward annexation. Mayor Daly. There has been no serious push by the County or the City for about 15 years. Most of the discussion was before Proposition 13 when there was a real tax difference. Now it is identical. It would be expensive to bring that neighborhood up to the standards of Anaheim neighborhoods. If they can get the County to pay for all or part of the improvements, they are going to save the County money in the long run. 698 _City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 2:00 P.M. Redevelopment Commissioner Cheryl Perreira. She noted that Taco Bell now located in Irvine is looking for another home. She asked if anyone had approached them about relocating to Anaheim. Council Member Feldhaus stated he thought they had already made a decision. Richard Bruckner. The Taco Bell site is in the Koll Development and he has a call in to Koll to see what they can do to bring them to Anaheim. It is his understanding that they have not yet made a decision. Staff will follow up. Mayor Daly. He noted that the Workload of the CRC had doubled or tripled in the last couple of years but it is paying dividends. The Council needs their advice and ideas relative to redevelopment matters. The reason they have been able to pursue these new redevelopment projects is because of the recent successes they have had due to the staff's great work and also to the commission's great recommendations on Anaheim Plaza and other matters. It is a key to the future of the City to do these "smart" which they are doing. If they have any additional suggestions, he urged that they let the Council know. Mayor Daly thanked the Commission for their comments and for the time spent in the joint meeting today. ADJOURNM~.NT -BEDE. V~LOPMENT COMMISSION: Chairman McMillan adjourned the Community Redevelopment Commission meeting. (3: 50 p.m. ) ~ADJOURNK~.~NT - CITY COUNCIL: By general consent the adjourned regular meeting of September 28, 1993, held October 5, 1993 was adjourned. Council Member Hunter was absent. (3:50 p.m.} LEONORA N. SOHL, CITY CLERK 699 City Hallr Anaheim, California - COUNCIL MINUTES - OCTOBER 5r 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 ZONING ADMINISTRATOR: Annika Santalahti PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:55 a.m. on October 1, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 3:51 p.m. (Council Member Hunter entered the meeting at approximately 4:10 p.m. ) RECESS - CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items and two additional Closed Session items as tndicated below: a. To confer with its Attorney regarding pending litigation pursuant to Government Code Section 54956.9(a) to wit: 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. City Attorney White stated it was not known at the time the agenda was prepared that there is a need to act on or consider two additional Closed Session items. It will require a motion waiving the 72-hour posting provision of the Brown Act. 700 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. MOTION: Council Member Daly moved to waive the 72-hour posting provision of the Brown Act in order to act on two additional Closed Session items since the need to act was not known at the time the agenda was prepared and posted. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. The two additional Closed Session agenda items are as follows: g. Levine vs. City of Anaheim - O.C.S.C.C. No. 68-65-64. h. Dease vs. City of Anaheim- U.S. District Court Case $CV93-1712-RG. By general consent, the Council recessed into Closed Session. Council Member Hunter was absent. (3:51 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. (5:10 p.m.). INVOCATION: Mary L. Hibbard, Anaheim United Methodist Church, gave the invocation. FLAG SALUTE.' Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATIONS= The following proclamations were issued by Mayor Daly and authorized by the City Council: National Arts and Humanities Month, in Anaheim, October, 1993 Fire Prevention Week, in Anaheim, October 3-9, 1993 Julie Mayer, President, Anaheim Arts Council accepted the National Arts & Humanities proclamation and Gary Wilder, Fire Marshal accepted the Fire Prevention proclamation accompanied by a special guest, Sparky, the Fire Department ' s mascot. FINANCIAL DEMANDS AGAINST THE. CITY in the amount of $3,631,529.20 for the period ending October 1, 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: 23 p.m. ) Mayor Daly reconvened the City Council meeting. (5:27 p.m. ) ITEMS OF PUBLIC INTEREST: Dale Voit, 629 S. Reseda, Anaheim. He is speaking against proposed contracting out. Ail cities are having problems. Contracting out lowers the tax base in the City which puts the City and the County farther into debt. They remove the loyal employees the City has had for many years and replace them with contracted personnel who have no loyalty to anyone. They also tend to stay only three to six months because they are all looking for a job with benefits and decent pay. Contracting out always seems to involve lower rank and file employees. He suggested that they look at contracting out at the management or department head level. 701 City Hall~ An&heim~ California - COUNCIL MINUTES - OCTOBER 5~ 1993 - 5=00 P.M. Bruce Bottolfson, President, Anaheim Police Association. They are currently in contract negotiations with the City. He thanked everybody for the chance to be heard and also wants to thank other employee organizations - AMEA, the Fire Association, IBEW, as well as the Somebody Group and other citizens. He knows that the Council knows where they are in contract negotiations but in any case would like to brief what has occurred and where they are presently. He briefed the current status. Tonight there are about 500 to 600 people picketing outside of City Hall. It is not something they wanted to do but felt it was necessary. They have a 6~% offer for the next two years or a 3~A% raise each year. It is a good start but it is necessary to move on from that point. The City of Santa Ana, without the tax base that Anaheim has, gave police officers a 4% increase per year for the next three years. Anaheim is 16% behind Santa Aha in salaries and 18th out of 20 in the County. Staffing levels are a part of the issue. A lot of the citizens are present because when they call a policeman, they do not have a guarantee one is going to be there. He then gave police staffing levels from 1980 to the present - in 1980 there were 1.45 policemen per 1,000 residents and in 1993 with a population of 285,000 and 352 policemen, the ratio is only 1.18 policemen per 1,000. The population figures do not take into account the transient population - the many people who are in the City on any given day attending the many events and staying at hotels in the City's large commercial-recreation area. If they felt there was a true financial crises in the City, they would not be present. After referring to a recent newspaper article in the Register wherein it stated that the City was committed to providing the most resources ever committed by a City for the Disney project, that is an issue for the police. He stated, there has to be a commitment from the Council to provide the police with staffing, the money, the type of things they need to make the City a safer place. The City relies heavily on the Transient Occupancy Tax (TOT) and adequate protection must be provided visitors to the City. A recent law enforcement bulletin indicated ~ne-third of all gang crimes in the County occur in Anaheim where there are ~w 2500 active gang members. What they are asking from the Council is a true ~dication to provide a decent wage and more police for the City. They are ~t asking the Council to cut out of AMEA, Fire or anybody else. He then ubmitted approximately 1100 tear-off' sheets sent in by various people in Anaheim all asking that public safety be Anaheim's highest priority (made a part of the record) and that tax dollars be spent on reducing crime. He ie hoping that. the Council will be able to provide the police with the support and everything they need because they put their lives on the line everyday. Grace Howard, Member of AIM (Anaheim's Involved Managers). They have been assigned two police officers from the CAP Team to work with the group. They are in the process of setting up training programs that will enable them to work together. The reality is, they need at least five police officers. Additional police officers will enable AIM to become actively involved in helping the City fight gangs, drugs and crime. Since apartments seem to attract criminal activity, managers and owners can be the front line of defense. Every officer she has talked to has been willing to take that extra step in establishing a partnership with the community. They are not privy to the budget of the City, nor understand the contracts under negotiation, but what they are sure of is the fear and conditions they live with in these times 702 City Hallr Anaheimr California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. are not acceptable. She is present to ask the Council to do anything possible to get Anaheim more policemen. Steve Silver, Attorney for the Anaheim Police Association. He is astonished that this is going on. He has been representing police organizations in Orange County for almost 25 years. The perception in the law enforcement community of the relationship between the City and its police officers has always been one that has been extremely positive. It has been perceived as an implicit bargain whereby the police officers would gratuitously take on a much larger burden than those assumed by officers in neighboring jurisdictions. Traditionally their compensation had always been right at the top of the officers in the County. This has dramatically changed. The officers have kept their part of the bargain and are still assuming greater burdens under far more dangerous conditions and have agreed to sacrifice by voluntarily foregoing a pay increase for the 1992-93 Fiscal Year. The City has not kept up its part. Santa Aha is 16% ahead of Anaheim with another 12% coming over the next three years. Sooner or later, the insensitivity that is apparent from the City's position in contract negotiations is going to take its course. Officers will be leaving for better working conditions and better pay. It is incumbent for the Council to take action immediately. Law enforcement is the number one priority. People are scared and want to be assured they are going to have the best law enforcement possible to protect and serve them. Anaheim with all its tradition and resources ought to be able to do better. Mayor Daly. Labor negotiations cannot be conducted in public. They have been in confidential negotiations for quite a while. If Mr. Silver is encouraging public dialogue, it is against the general ground rules of collective bargaining. Mr. Silver. The law empowers the Council to decide who is going to negotiate with the employee organizations. They are not present to negotiate tonight. He was suggesting that they take the responsible course of action, instruct their negotiators to come up with a proposal that satisfies their concerns and addresses the needs of the community and move forward. Sharon Ericson, President, AMEA. Relative to the City's Golf Courses, she is very concerned about their future. She has heard for months that the issue would be brough~ ~orward ~o d£~cusg con~rac~£ng out o~ ~ Anah~£m H£11g and Dad Miller courses. They have heard c0n=£nu0us rumors aD0u= mee=£ngs De=ween Council Members and potential golf contractors. One particular Council Member was overheard by several golf course employees making the remark that American Golf already had 2 million dollars on the table. She always thought that such discussions between Council Members and potential contractors were illegal. She would like the City Attorney to let her know if she is wrong. The two golf courses are in "tip top" shape, totally self sufficient and will bring in over i million dollars to the General Fund this year. If they decide to go out for a request for proposal, it will cost the taxpayers almost $70,000. If they lose the two courses to a private contractor, it will put another seventy-five City employees out of work and there is no doubt golf course fees will go up and the condition of the courses will quickly deteriorate. She purchased a condominium in Anaheim Hills right next to the course because her husband is a golfer, because it was so beautiful, and they expect to be there for a long time. She has spoken to many of her neighbors lately and that was their primary reason for moving to the area as well. They are very upset 703 City Hall, Anaheimr California - COUNCIL MINUTES - OCTOBER 5~ 1993 - 5:00 P.M. about hearing again of the golf course being contracted out. They are very protective of that course. The golf courses belong to the citizens and not just the five Council Members. If they continue on this path, it should go to a vote of the people. They should not be able to go to the drastic measures of contracting out the courses. Dorothy Meglio (36 year resident of Anaheim). She knows of one block where there are a lot of rental properties that pay for trash pickup whether the apartments are vacant or not. There has to be an excess of empty trucks. Considering the situation, she wants those funds to be allocated to the Police Department. She is also concerned and questioned if there is an earthquake with a lot of chaos, will there be enough policemen to handle the situation. Charles Albano, 2795 W. Lincoln, Anaheim. He spoke several months ago about what. he felt was the poor business climate on West Lincoln. They have had the people plaguing their properties arrested for trespassing, drinking, outstanding warrants, etc. That has helped, but the problem he has run into is response time from the Police Department. He explained the circumstances. Another issue, he called the Police and offered to donate space in one of his buildings. He would furnish it, pay the utilities and have the police use it as a substation but the offer was declined because there is not sufficient staff to put in the building. He talked to Captain Baker. The offer is still open. He wants the Council to know that they are still trying to clean up the area and they still need help. Mayor Daly. He asked Mr. Albano to put his offer in writing and give it to the City Manager and perhaps another evaluation can be done. ~ Bengochea, 1751 S. Nutwood, Anaheim. He is speaking as a resident and as City employee. He concurs with the earlier speakers, Mr. Bottolfson and ~£1ver. He can empathize with what they are doing through the bargaining process and their concerns with staffing. Council Member Feldhaus lives close to his neighborhood. They do a lot of things to try to keep everything under control along with the help of the Police Department. He hopes they do not get into a position where neighborhood watch signs become neighborhood vigilante groups. He believes the City has the financial resources to get the officers they need. As an employee, they have concerns in bargaining and two issues of concern with IBEW are health benefits and language to help them preserve their right to keep their jobs. If they want to privatize, he urged that they do not do so at the employees expense. Council Member Frank Feldhaus. He wanted to mention before Mr. Bengochea left that he does live in his neighborhood and he consistently sees Ron with his paint brush and bucket going to paint out graffiti. He wants him to know the City is appreciative of his efforts. 704 City Hall, ~naheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. Susan Kocsis. She addressed a street lighting issue where _she has written letters and made phone calls to the City. She did speak tol. the Council a few weeks ago about street lighting and also wrote to the Centr._al City Redevelopment Committee. She received a call back from a c.lerk there perhaps because she called Mr. Jarvi (Director of Parks, Recreation!' and Community Services). Her house is the only single-family residence in a two block area. The street lights do not fit and do not look good in this area. The area has been ruined by variances. There is also to be an assessment for the street lighting and over a period of time would cost approximately $249,000. There are ten properties in the area. Redevelopment is supposed to bear the cost. She' cannot see why 5 or 6 street lights are going to be better protection than hiring two dozen policemen. The City has the money - they need to re-allocate it. . Council Member Hunter. Relative to the police issue, he wi. ll be off the Council in twelve months. This is not a political speech. ' Before the meeting, the Council was handed some mater-iai showing that ?naheim patrolman in the top step, base pay, are 17th in-the County and police sergeants are 19th. Pretty soon they will be last. With the 2% Utility-Users' Tax, he was looking for three votes to earmark the total amount of that tax for the Police Department but there was no commitment. He and Council Member Pickler two years ago spearheaded taking .04% of 1% of the TOT and earmarked those monies for the Police Department. He feels the City's priorities are not straight. At present, there are 1.26 sworn police officers per 1,000 population in the City which is not acceptable. He is offering some simple solutions to the problem. (1) 1% of the TOT is somewhere between 2 and 2.5 million dollars. It takes three Council Members to direct the City Manager to take that 1% and earmark it to the police. The taxpayers of the City are not paying the TOT. (2) $500,000 is allocated out of the Police Department budget for school crossing guards. That expense ought to go back to the School Districts. There is a need for crossing guards, but not out of the Police Department budget. Again it only takes three Council Members to tell the City Manager not to do that anymore. Those are his two recommendations - they are not complicated. The Council cannot act tonight but he is suggesting that the Council do one of those two things as a start in order to add more l>olice officers and do something about their' dismal base pay. The police did not get a raise this last year and under discussion in a three year and not a two year contract. Since they did not get an increase this last year, the offer is a little more than 2% a year over 3 years. They are not even keeping pace with the other 17th, 18th and 19th cities ahead of Anaheim. Some members of staff and maybe some Council Members have already made commitments to the Disney organization in regard to the Disney Development Agreement to increase the TOT 2 or 3% more and use the money for infrastructure. The City will not see any net gain from the Disney project for another decade. He believes they should dedicate one whole percent of the bed-tax and the $500,000 for the crossing guards and earmark those amounts for more police. Council Member Feldhaus. He later asked the City Manager if 1% of the TOT is equal to 2 to 2.5 million where would he make up that 2.5 million. City. Manager Ruth. The 1% was to set the money aside for Capital Improvements for future expansion of the Convention Center. It is being accrued in a Capital Fund. The policy decision is - is this the time to set it aside or is 705 City Hall, ~aheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. there a better use of that money. At some point in time, they also have to bite the bullet on a master plan or a future plan in the event the Council wants to consider expansion or to take care of the unique parking problem they are going to have within the next 3 or 5 years. They could dedicate it to some other purpose if they so choose, about 2.5 million a ~ar. On the other side, they still have to deal with the other policy issue ~n what the Council wants to do with the Convention Center. ~ Council Member Feldhaus. On the crossing guards, they have previously discussed the matter. He would like"to set those things (earmarking 1% of the City's Transient Occupancy Tax for police and the $500,000-for crossing guards) for a discussion; Council Member Hunter. He would-also like to see the crossing guard set for discussion. Mayor Daly. There has been a request by Council Members Hunter and Feldhaus that the following issues be placed on a future Council agenda: · (a) Earmarking 1% of the City's Transient Occupangy Tax (TOT) for Police and (b) that the $500,000 spent for school crossing guards which presently comes out of the ~ity's Police Department budget'be paid for by the School Districts. PUBLIC COMMENTS - AGENDA ITEMS: Public input received on Items Al0 and A23 (see discussion under those items). MOTION: Council Member Simpson moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of October 5, 1993. Council Member Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR:. On motion by Council Member Pickler, seconded by Council Member Simpson, 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 No. 93R-199 for adoption and offered Ordinance Nos. 5396 and 5397 for adoption. Refer to Resolution/Ordinance Book. 4. 118: The following claims were filed against the City and action taken '. recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Deborah V. Artzer-Brown for property damage sustained purportedly due to actions of the City on or about June 25, 1993. b. Claim submitted by Pacific Bell, attn. Warren O. Booth, Case No. BF346-0173, for property damage sustained purportedly due to actions of the City on or about March 12, 1993. c. Claim submitted by Patricia E. Frank for property damage sustained purportedly due to actions of the City on or about August 1, 1993. d. Claim submitted by Modtech, Inc. for property damage sustained purportedly due to actions of the City on or about June 10, 1993. e. Claim submitted by Jason Arnholt for property damage sustained purportedly due to actions of the City on or about April 27, 1993. 706 City Hall~ ~,aheim~ California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. f. Claim submitted by Martin E. Dillon for property damage sustained purportedly due to actions of the City on or about March 20, 1993. g. Claim submitted by Edward L. King for property damage sustained purportedly due to actions of the City on or about August 14, 1993. h. Claim submitted by Patricia Marie Oliver for property damage sustained purportedly due to actions of the City on or about August 13, 1993. i. Claim submitted by Lori Whitcomb for property damage sustained purportedly due to actions of the City on or about August 18, 1993. j. Claim submitted by Pablo Duarte, Jose Luis-Duarte by and through his Conservator, Pablo Duarte and Victor Hugo Duarte by and through his Guardian ad Litem, Pablo Duarte, c/o Brad A. Howard, esq., for bodily injuries and property damage sustained purportedly due to actions of the City on or about May 27, 1993. k. Claim submitted by Dianna Noel °and Dane Brantley, c/o Alan K. Nicolette, esq., for bodily injuries sUstained purportedly due to actions of the City on or about May 27, 1993. 1. Claim submitted by 20th Century Insurance, attn: Kerry Ammann, Insured= Thomas Allen, for property damage and bodily injury sustained purportedly due to actions of the City on or about May 27, 1993. m. Claim submitted by Jette B. Holgersen, individually and doing business as Foxey's Hofbrau and Mark James Denger, individually, for bodily injury sustained purportedly due to actions of the City on or about March 15, 1993 through September 15, 1993. n. Claim submitted by Chris Onyekwere for property damage sustained purportedly due to actions of the City on or about May 5, 1993. A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meetings held July 28, 1993, and August 25, 1993. 105: Receiving and filing minutes of the Golf Adv£sor¥ Commission meeting held August 26, 1993. 105: Receiving and filing minut, ee of the Anaheim Park and Recreation commission meeting held July 28, 1993. 173: Receiving and filing a Notice of Proposed Changes to southern California Gas Company's Gas Rates - Application 93-09-006 filed with the California Public Utilities Commission - to increase rates 'for gas service effective April 1, 1994. A3. 169: Approving a Notice of Completion of the construction of Auto Center Drive Extension by Wakeham-Baker, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A4. 169: Approving Contract Change Order No. 1, in the amount of $179,988.26, in favor of Mobassaly Engineering, for additional improvements to the Katella Avenue/Douglass Road improvement project. AS. 123: Approving a Cooperative Agreement with the City of Orange for the State College Boulevard/Orangewood Avenue critical intersection and Katella 707 CitF Hallm ~_nahei-mm Californi& - COUNCIL MINUTES - OCTOBER Sm 1993 - 5=00 P.M. Avenue/Tustin Avenue intersection projects~ and amending the Public Works - Engineering Department 1993-94 Capital Improvement budget by increasing revenues and expenditures by $192,500. A6. 151: Approving an Encroachment License Agreement No. 93-5E for SR 91 Toll Road detour into Santa Aha Canyon Road Right-of-Way. A7. 170= Approving the Final Map and the Subdivision Agreement of Tract No. 14641 with Morgan Development, Inc., and authorizing the Mayor and City Clerk to execute the Subdivision Agreement. Tract 14641 is located at 5440 Santa Aha Canyon Road, and is filed in conjunction with Reclassification No. 91-92- 20 and Variance No. 4181. A8. 123: Accepting the low bid, and approving an Agreement with J & B Kovac Engineering company, in an ~mount not to exceed $213,313.65 (including a ten percent contingency), for the removal and replacement of sidewalks, curbs & gutters, parkways, and cross gutters and catch basins, in accordance with Bid ~5171. AP. 160: Authorizing the Purchasing Agen't to issue a change order to Cooper Power Systems for an additional amount of $300 for the re-design of a capacitor bank. Al0. 123~ Authorizing the execution of an amended agreement with Norco Companies, in the amount of $16,356 bringing the total amount of the agreement from $47,844 to $64,200 for mail pick-up and delivery services throughout the City for a period of two years beginning September 1, 1993. Sharon Ericson, President, AMEA. She is addressing this item in light of the recent contracting out of the custodians at the Convention Center (see minutes of September 21, 1993, Item A15). In July, staff brought to the Council a request to contract out the City's mail delivery saying it is too expensive to continue in house and that there were substantial cost savings that could be realized by having the service performed by an outside contractor. Before the "ink was dry" an amendment was being prepared to add eight locations thus raising the cost of the contract. The original contract stated the first year the City would save $16,595 and the second year $16,994. With the amendment, abe cost the first year has increased even before it began by $7,992. The avings dropped by $.8,603 for the first year and $8,630 for the second year. dditionally in the first year it will cost $999 for each additional mail stop ~nd the second year $1,045 for each. With m City employee, they could have added 50 stops and she would not have received any more pay. The point is, ~he ¢0n~ra¢~0r 10w balled and now for eight new stops is asking for an additional $16,356 for two years. This happens over and over. City employees continue to lose their jobs to inefficient contractors. AMEA employees are tired of this kind of treatment. It is evident by the turnout tonight that all the employees are tired of the treatment they have been receiving. It is time that this Council and management started caring about the .police, IBEW, AMEA, fire - all the employees. The City's streets are not safe, the parks are not safe and the citizens are not safe. In the next few years, she assumes they are going to have the Disney second attraction. She cannot imagine people are going to want to go to it, if it is like driving to South Central Los Angeles. Frank Feldhaus. He commented on this item when it first came before the Council. His initial reaction when he saw the item back on the agenda asking for more money was why so soon. He feels the system could be streamlined using City personnel. This is not being justified and a study has not been 708 City Hall, Anaheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. done in enough depth. Perhaps there could be a centralized mail place with department's responsible for their own mail. Right now they are mostly encapsulized in two buildings. He has a problem with this item and he will not be voting to approve it. Council Member Hunter. He agrees. Just as with the contracting out of the janitors at the Convention Center, between now and 1998 (the term of the contract) they are going to be back asking to increase the contract. It is always easy to do bids like this and then come back and ask for more amended agreements and in the meantime municipal employees are gone. He is also voting no on this item. At the conclusion of the Consent Calendar, Council Members Feldhaus and Hunter voted no on Item Al0. All. 123: Approving the terms and conditions of an Agreement employing Jones Hall Hill and White as bond counsel for a fee of $14,500, plus out-of-pocket expenses not to exceed $2,000 regarding the sale of Certificates of Participation for the purpose of refunding the General Obligation Refunding Bonds - Series 1986A-Competitive Sale ($10 million). 123: Approving the terms and conditions of an Agreement employing Rauscher Pierce Refsnes, Inc., for a fee of $20,000, plus out-of-pocket expenses in an amount not to exceed $3,000 as financial advisor to the City regarding the sale of Certificates of Participation for the purpose of refunding this issue. A12. 123: Approving the terms and conditions of an Agreement employing Jones Hall Hill and White as bond counsel for a fee of $39,600, plus out-of-pocket expenses not to exceed $2,500 regarding the sale of taxable Certificates of Participation for the purpose of refunding the 1989 Arena Area Land Acquisition Financing Project -Competitive Sale ($22 million). 123: Approving the terms and conditions of an Agreement employing Rauscher Pierce Refsnes, Inc., for a fee of $23,000, plus out-of-pocket expenses in an amount not to exceed $3,000 as financial advisor to the City regarding the sale of Certificates of Participation for the purpose of refunding this issue. A13. 152: RESOLUTION NO. 93R-199: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DELEGATING TO THE DIRECTOR OF PUBLIC WORKS AUTHORITY TO APPROVE AND EXECUTE NOTICES OF COMPLETION FOR PUBLIC WORKS. A14. 129: Amending the 1993/94 Fire Department Budget by increasing revenues by $668,971 and expenditures by $355,000. Al5. 153: Authorizing full-time City of Anaheim Employees to participate in a one time accrued vacation buy out, to provide a cash donation to a seriously ill employee in the Community Development Department. Al6. 123.. Certifying the review and consideration of the Negative Declaration, adopted by the Anaheim Redevelopment Agency, in connection with 'the YKK Owner Participation Agreement; approving the YKK Owner Participation Agreement for the construction of an industrial building with a possible future building expansion to accommodate a zipper manufacturing business on property located at 5001 E. La Palma Avenue. A17. 123.' Approving an agreement with the Digital Equipment Corporation in the amount of $1,015 per month for the period of August 1, 1993 through 709 C£t¥ Ha11~ Anahe£m~ Californ£a - COUNCIl., NINU'I~S - OC'I~BER 5~ 1993 - 5=00 P.N. July 31, 1994, for service on computer equipment; and authorizing the Library Director to execute the agreement on behalf of the City of Anaheim. A18. 150: ORDINANCE NO. 5396 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 13.08.020 AND ADDING NEW SECTION 13.08.100 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING TO USE OF PUBLIC PARKS. (Anti-Drug Ordinance, introduced at the meeting of September 28, 1993. ) Council Member Feldhaus. This is a tribute to the community and the public effort. A19. 106: Amending the 1993/94 budget by approving an appropriation from Fund 216 (Parksites and Playgrounds Fund) and increasing revenues and expenditures in Program 4710 in the amount of $186,000 for the Lenain Filtration Plant Access Road Realignment and corresponding changes to the Anaheim Hills Golf Course maintenance compound. A20. 123: Approving a Second Amendment to Agreement with Xeta Reservation Systems, Inc., in the amount of $22,000 annually through June 1998, to provide computerized tee time reservations for the City's golf course operation. A21. 106: Amending the FY 1993/94 Budget for the Stadium Department Capital Improvement Program by increasing appropriations in expenditure account ~570- 515-5212-9605 in the amount of $300,000. A22. 175: ORDINANCE NO. 5397 - ADOPTION...'. 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; introduced at the meeting of September 28, 1993. ) (Resolution No. 93R-195 Amending Rates, Rules and Regulations adopted September 28, 1993. ) Council Member Feldhaus. He is voting no on this item because he feels it denies the citizen the appeal process to the ultimate authority, the City Counc i 1. '~.23. 123: To consider a ground lease between Herb Douglass and Ted Douglass 'ad the City of Anaheim for public parking facilities adjacent to the Anaheim .:ena. 149: To consider the construction, maintenance and operation of a public pa~k£ng ~ae£1£ey on ~h~ Couney of 0~an~ Kat~lla Maintenance Yard, located on the south side of Katella Avenue (Site 2). 149: To consider 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). 149: To consider 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. (Continued from 9-14-93, Item A23, 9/21/93, Item A21, and 9/28/93, Item Al8.) City Manager Ruth. The items under A23 are recommended for continuance of at least one week. 710 C£ty Hall, ~_nahe£m, Cal£forn£a - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. Phil Knypstra, 2520 Gelid Avenue, Anaheim. He has prepared a handout relative to the proposed transaction (see three sheets containing Table 1, 2 and 3 - first page entitled Est. Market Value - NPV for Indicated Cash Flows and Discount Rates - made a part of the record). He then briefed the information contained in the figures he submitted. He knows the property has significant value but in his analysis it is ridiculous that the City would be willing to pay 5 or 6 million dollars for the property. The City will be giving that amount to the property owner, allowing them to retain ownership, allowing them to retain the tax advantages in allowing the taxpayers to pick up the tab. In his opinion it is a bad deal for the City. Discussion and questioning followed between Mayor Daly, Council Member Simpson and Mr. Knypstra regarding the issue wherein Council Member Simpson stated that he (Knypstra) was making two assumptions - that the property is being taxed at current market value whereas it is presently in an agricultural preserve and also he asked if Mr. Kynpstra has factored in income. If they put 1,100 parking spaces on the lot and charge $6.00 a space, it amounts to $6,600 for one event. It is easy to figure out the profit. At the conclusion of further discussion, Mayor Daly noted that as the City Manager stated, the item is being recommended for a continuance and will not be voted on tonight. MOTION: Council Member Simpson moved to continue Item A23 for one week to October 12, 1993 as recommended by staff. Council Member Daly seconded the motion. MOTION CARRIED. A24. 114: Approving minutes of the City Council meeting held September 14, 1993. Roll Call Vote on Resolution No. 93R-199 for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Resolution No. 93R-199 duly passed and adopted. Roll Call Vote on Ordinance No. 5396 for adoptions AYES: NOES: ABSENT: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS = None The Mayor declared Ordinance No. 5396 duly passed and adol~ted. R_~II Call Vote on Ordinance No. 5397 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: Feldhaus COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5397 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. 711 City Hall~ Anaheim~ California - COUNCIL MI~TES - OCTOBER 5, 1993 - 5.'00 P.M. ITEMS B1 - B2 FROM T~_~ ZONING ADMINISTRATOR MEETING OF SEPTEMBER 16~ 1993: DECISION DATE: SEPTEMBER 23r 1993 INFORMATION ONLy - APPEAL PERIOD ENDS OCTOBER 8r 1993 Bi. 179: CONDITIONAL USE PERMIT NO. 3633 AND NEGATIVE DECLARATION: OWNER: Harvey Owen, 8021 Ninth Street, Buena Park, CA 90621 AGENT: Frederico/Maria Aguilar, 2034 South Wood Street, Santa Ana, CA 92704 LOCATION: 1732 South Euclid Street. Property is approximately 0.55 acre, with a frontage of approximately 102 feet on the east side of Euclid Street, and maximum depth of approximately 232 feet and being located approximately 300 feet north of the centerline of Katella Avenue. Petitioner requests waiver of minimum number of parking spaces, to permit on-premise sale and consumption of beer and wine in a restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3633 APPROVED (Decision No. ZA93-52). Approved Negative Declaration. ~ayor Daly noted that the parking study that was done appears to be only about ~alf of the recommended parking available. The particular center has a rather unusual layout. Annika Santalahti, Zoning Administrator. There was a parking agreement across the property so they have a parking use of spaces adjacent to the south. She feels the conditions placed on the permit give the City adequate protection. It is based on a combination of uses, the particular type of restaurant and the limitations it has under the conditions. It is an existing restaurant but it did not have beer and wine before at least for some time. Council Member Pickler asked if it could become a bar; Annika Santalahti. She answered no. Beer and wine with food only. Mayor Daly posed additional questions relative to the number of parking spaces that would be available noting that it consists of 1~ acres. The property has been subdivided 'and there are five owners. He wanted to be assured that staff .as comfortable with and felt that a parking problem would not arise. ~nika Santalahti, Zoning Administrator. She does not have a problem and raffic Engineering is comfortable with the proposal. Joel Fick, Planning Director. The 29 spaces is the number determined by the parking study that the Traffic ~ and Transportation Manager felt was adequate. since there were 33 spaces that existed on the site with additional spaces off site, there was no recommendation for additional parking requirements. B2, 179: CONDITION_AL USE PERMIT NO. 3634 AND NEGATIVE DECLARATION: OWNER: John P. Butler, 19542 Sierra Canyon, Irvine, CA 92715 AGENT: Russell A. Shull, 1177 South State College Boulevard, Anaheim, CA 92805 LOCATION: 1177 South State College Boulevard (Daddy's Pizza, Pasta & Salads). Property is approximately .72 acre located at the southwest corner of Almont Avenue and State College Boulevard. To permit on-premise sales and consumption of beer and wine in conjunction with an existing restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: 712 City Hall, ~naheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. CUP NO. 3634 APPROVED (Decision No. ZA93-53). Approved Negative Declaration. END OF THE ZONING ADMINISTRATOR ITEMS. B3./B4. 179: ORDINANCE NOS. 5400 and 5401 FOR INTRODUCTION: (1) Amending Title 18 to rezone property under Reclassification No. 91-92-11 located at 3200 E. Carpenter Avenue from the RS-A-43,000 zone to the ML zone and (2) Amending Title 18 to rezone property under Reclassification No. 93-94-01 located at the northeast corner of Katella Avenue and Douglass Road from the ML zone to the PR zone. Council Member Pickler offered Ordinance Nos. 5400 and 5401 for first reading. ORDINANCE NO. 5400: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 91-92-11 LOCATED AT 3200 E. CARPENTER AVENUE FROM THE RS-A-43,000 ZONE TO THE ML ZONE. ORDINANCE NO. 5401.-... AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-01 LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND DOUGLASS ROAD FROM THE ML ZONE TO THE PR ZONE. BS. 179: O~D~.NANCE NO. 5391 (REINTRODUCTION}: Amending various sections of Title 18 of the Anaheim Municipal Code relating to roof- and ground~mounted equipment. (Introduced at the meeting of August 24, 1993 and continued from the meeting of September 14, 1993. ) City Clerk Lee Sohl. This ordinance was before the Council on August 24, 1993 and then taken back to the Planning Department where substantial changes were made. The City Attorney recommends that the ordinance be reintroduced at this time. Council Member Simpson offered Ordinance No. 5391 for first reading. ORDINANCE NO. 5391: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOF- AND GROUND-MOUNTED EQUIPMENT. Council Member Feldhaus left the Council Chamber. (6:46 p.m. ) B6. 179~ ORDINANCE NO. 5398 - ADOPTION: Amen~£ng T£=le 1~ =o remone property under Reclassification No. 91-92-19 located at 1320 - 1382 E. Auto Center Drive from the ML zone to the CL zone. (Introduced at the meeting of September 28, 1993.) Council Member Daly offered Ordinance No. 5398 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5398:.. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 91-92-19 located at 1320 - 1382 E. Auto Center Drive from the ML zone to the CL zone. ) Roll Call Vote on Ordinance No. 5398 for adoption[, AYES: COUNCIL MEMBERS: Hunter, Pickler, Simpson, Daly 713 City Hall, ~_naheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. NOES: ABSENT: TEMPORARILY ABSENT: COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: Feldhaus The Mayor declared Ordinance No. 5398 duly passed and adopted. Council Member Feldhaus entered the Council Chamber. (6:49 p.m. ) Cl. 108: ORDINANCE 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 the meeting of September 28, 1993 when the ordinance was offered for first reading (see minutes that date). At that time, report dated September 23, 1993 was submitted by the City Attorney supplementing prior memorandum on the subject dated September 7 and September 13, 1993. City Attorney White. He made a presentation' on this issue last week (see minutes of September 28, 1993). The ordinance is now before the Council for adoption. There is at least one person who has already indicated he would like to make comments. The City Attorney first explained that it was pointed out to him by the Zoning Administrator that when they factor in private schools in addition to the public schools in keeping the uses 1,000 feet from private schools, that information had not been finalized as of last week. That has now been done. There is only one potential area that that impacts which slightly reduces the amount of acreage from the numbers in the staff report. In general, the staff report remains accurate as to the number of areas and the acreage available for adult uses. Earlier in the meeting, two people spoke to this item as follows: Linda Kacklemeyer, 151 S. Summertree Road, Anaheim. She is a concerned citizen and taxpayer. She understands the City Attorney and staff have researched the modifications to the sex-oriented business ordinance and that a good deal of time was spent identifying the 22 areas where such businesses could locate. She feels the ordinance is still too vague and ambiguous. She suggested that the Council continue the ordinance in order to take a closer look. Freddie Falgout, 1721 S. Manchester (business). He lives in Huntington Beach at Golden West and Warner. He feels the ordinance is very vaguely written. He believes they have left themselves open to be challenged in court. The zoning and distances are inconsistent with those of the Supreme Court rulings on other sex oriented businesses. He wants to make sure the City Attorney and other people concerned not make the ordinance quite so vague and that the distances be consistent with other rulings. City Attorney White. He and his staff personally have spent literally hundreds of hours drafting the ordinance. They have reviewed the 714 City Hallt ~,ahe!_mt California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. Supreme Court decisions. The ordinance as drafted complies with all applicable court rulings but he would be happy to look at any documents or specific information Mr. Falgout may have. He is recommending that the Council proceed with the adoption of the ordinance. ENVIRONM_RNTAL IMPACT REPORT - CATEGORICALLY EXEMPTION:.. ~ . MOTION: On motion by Council Member Pickler, seconded by ~ouncil Member Hunter the City Council determined that the proposed activity falls within the definition of Section 15061(b)(3)'of '.the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file and EIR.- MOTION CARRIED. OBDiNANCE NO. 5399 - ADOPTION.' Amending various provisions of Title 3, Title 4 and Title 18 of the Anaheim Municipal Code relating to sex-oriented businesses. (Introduced at the meeting of September 28, 1993, Item Cl. ) Council Member Pickler offered Ordinance No. 5399 for adoption. Refer to Ordinance Book. 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. Roll Call Vote on Ordinance No. 5399 for adoption: AYES: NOES: ABSENT COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly COUNCIL MEMBERS: None COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5399 duly passed and adopted. C2. COUNCIL COMMENTS: 114: GOLF COURSES - INVITING PROPOSALS FOR PRIVATE SECTOR OPERATION: Mayor Daly. A few months ago, the Council had a public workshop concerning the City's Golf Courses (see minutes of August 24, 1993). The consultant after quite a lengthy presentation did conclude in his report and did verify publicly that while the City's courses are very well run, the trend in public golf courses is to consider their private operation. He estimated as much as $500,000 per year and perhaps more could be returned to the City's General Fund under the contracting out of the courses and that was a conservative estimate. He is not suggesting that they plunge ahead without detailed proposals from the private sector. He is very confident with their experience in managing other contracts that City Management staff would continue to maintain the quality of service, play and all the benefits of public ownership ~ ~h~ ~u~~ whil~ iner~a~in~ r~v~nu~s to the City's General Fund via private operation. He would like to request that staff prepare an RFP (Request for Proposals) inviting proposals from the private sector .for the operation of the City's Golf Courses. There has been quite a bit of discussion in public on the background information on this subject. The City Manager hired a consultant to analyze what the experience has been in other communities and to analyze the efficiency of the City's Golf Operation. He (Daly) does believe that there are enough private companies interested in proposing and making proposals to the City that they owe it to the taxpayers to evaluate what the market place has to offer. 715 C£t¥ Hall, ~nahe£_~, Cal£forn£a - COUNCIL NINIFTES - OCTOBER 5, 1993 - 5:00 P.N. MOTION: Council Member Daly moved that the Council request staff to prepare an RFP inviting proposals as soon as they can do so for the private sector operation of the golf courses with any final decision reserved by the City Council at the recommendation of City staff as to the ultimate conclusion. Council Member Feldhaus seconded the motion. Mayor Daly. He feels it is necessary to go to the market l~lace and see what it has to offer. Council Member Feldhaus asked if 'the',Golf Commission will get involved in the process; City Manager Ruth. They do review the operations-and make recommendations and are advisory to the Council. If there-was a role to be played, he would presume that the Commission would be very active in the process. He clarified that the Commission submitted a letter to the Council a few weeks ago which identified several concerns that they had. Sharon Ericson, President, AMEA, approached the podium to comment on the matter; Mayor Daly stated that the issue was only for Council discussion at . this time. Mayor Daly. There is a motion and- a second on the floor. He asked if there were any comments from Council Members. Council Member Simpson. He will be voting no. It took a long time to get Anaheim's courses established and they finally did that through the staff who operate the courses. For a long time, they had operated negatively. It has only been a short time that they have turned around but in that short time the quality of the golf courses has improved dramatically and are now showing a profit of 1.3 million dollars. The Parks and Recreation Department has just taken over the courses and have committed to raising that to 1.6 million dollars per year. He is content that number will continue to go up by a gradual increase in fees and a continual judicious look at staffing patterns and how they can cut back and economize. He does not think it is fair to continue to balance the budget on the backs of City employees. He will be voting no either to agendize it or to privatize the golf courses. Council Member Hunter. He concurs. 1.3 million is going into the General ~und from the courses. The green fees are some of the lowest around. Whoever he proposal goes out to will come back in and say they are not going to do it ~t the first thing they will do is increase the green fees. He knows there ~,,re lobbyists all over the County that have been lobbying at least three members of the Council heavily for the last two years or since the election on this subject. on the very night of the election, one of the lobbyists on this subject was in the audience and they have been in the audience for countless meetings and · ~nves~ga~e there is probably one here tonight He feels somebody ought to ' ' what is going on in this golf course issue and the wining and dining of three members of the Council for 18 months. Mayor Daly asked for clarification regarding Council Member Hunter's comment; Council Member Hunter. He is alleging that three members of the Council are being bought by private golf enterprises on this issue and have been since the election and before the election to take the courses away from the citizens of the City. He believes that this Council to go out for RFP's is making a major mistake. He has not seen any proposals because no lobbyist has approached him. 716 City Hall, ~-aheim, California - COUNCIL MINUTES -OCTOBER 5, 1993 - 5:00 P.M. Mayor Daly. Every City in Orange County which owns a public golf course contracts out. Those other cities are real smart or Anaheim is real smart. He feels they should at least test the market place and invite proposals. He asked what Council Member Hunter was afraid of. There might be a half a million dollars in additional City revenue that they cannot turn their back on. Council Member Feldhaus. He is not denying he has been approached. He owes it to the taxpayers to investigate the possibilities. Council Member Pickler asked the City Attorney if the Council can vote on the issue tonight or if it needs to be agendized for future action. City Attorney White. The Brown Act provides that items that are not on the agenda need to be placed on an agenda before an action is taken by the City Council. The issue is whether by giving staff direction to prepare and send out an RFP that is an action of the City Council. He feels it is arguable. Additional discussion followed between ~Council 'Members wherein Council Member Hunter stated he felt that they ought to hear from the public, on the matter; Mayor Daly. The Council is not making a policy decision tonight but asking for proposals. As to who is going to pay for it, staff is going to write the RFP. The City Manager hired a consultant with taxpayer's money and a consultant says the City could gain an additional one-half million dollars by contracting out and that is a conservative number. He believes they should explore the market place. Council Member Feldhaus. He feels they would be abrogating their responsibility to the taxpayers by not doing so. After further Council discussion, debate and questioning, City Attorney White reading from the Government Code stated that, "no action shall be taken on any item not appearing on the posted agenda". It does not define what the term action means. He tends to give a very conservative interpretation to the Brown Act especially in light of the fact that charges have been levied and those have been heard tonight in the Council Chamber. If one additional week would avoid giving someone an argument that the Council has violated the Brown Act by placing this on the agenda, he would have the matter agendized. Mayor Daly. He will withdraw his motion and instead move that the item be placed on the Council agenda of 'October 12, 1993 requesting staff to prepare an RFP (Request for Proposals) inviting proposals for the private sector operation of the City's Golf Courses with any final decisions reserved to the City Council with the recommendation of City staff. Council Member Feldhaus seconded the motion. The motion carried by the following vote= AYES: Feldhaus, Pickler, Daly NOES: Hunter, Simpson Before concluding, there was further discussion wherein Council Members Pickler, Feldhaus and Mayor Daly explained their position in speaking to various golf firms since they are accountable to the taxpayers and there is the possibility of additional revenues accruing to the City's General Fund. It is the same situation as when Council Member (then Mayor) Hunter spoke with Neil Papiano relative to building an Arena in Anaheim. 717 City Hall, _~n~ aheim, California - COUNCIL MINUTES - OCTOBER 5, 1993 - 5:00 P.M. Council Member Hunter questioned why none of the companies have contacted him or Council Member Simpson. They know nothing of what these companies are proposing to do. He questioned why they have not contacted all five Council Members but only three. In concluding, Mayor Daly emphasized that their first duty is to the taxpayers they serve. ADJOURNMENT:. By general consent the Council meeting of October 5, 1993 was adjourned. (7.' 12 p.m. ) LEONORA N. SOHL, CITY CLERK 718