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1989/06/20City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 2:00 P.M. The City Council of the City of Anaheim met in adjourned regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack Whtte CITY CLERK: Leonora N. Sohl ASSISTANT TO THE CITY MANAGER: Cynthia King CITY TREASURER: Mary Turner ADMINISTRATIVE SERVICES DIRECTOR: Ron Rothschild LIBRARY DIRECTOR: William Griffith FIRE CHIEF: 3eff Bowman DATA PROCESSING DIRECTOR: Janet Mace FINANCE DIRECTOR: George Ferrone PUBLIC UTILITIES GENERAL MANAGER: Gordon Hoyt A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on June 16, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the adjourned regular meeting of June 13, 1989 to order at 2:10 p.m. 106; CONTINUED PUBLIC HEARING - RESOURCE ALLOCATION PLAN: To consider the proposed 1989/90 Resource Allocation Plan (RAP) - budget. As at the previous meeting of June 13, 1989 (see minutes that date) City Manager Bob Simpson introduced and prefaced each City Department's budget presentation giving its location in the budget document, capital improvement, where applicable, budget totals and any policy issues that needed to be addressed as well as enhancements. The following Department Heads then gave an overview of their Department's plans and goals for the coming year(s) and/or an explanation relative to their proposed budget requirements as well as addressing policy issues where applicable. Assistant to the City Manager, C_ynthia Kin~ - City Council Departmental Budget (including Visitor ~ Convention Bureau ~ RAP Page 23.. 1989/90 Operating Plan, $1,670,783. 1990/91 Operating Plan, $616,292. As part of the budget balancing process, the Council Contingency Fund is established at $300,000 per year for the next two years. The budget totals reflect a decrease of approximately $600,000 in fiscal year 1989/90 and approximately $1 million in 1990/91. A couple of years ago, the Council directed staff to set aside funds in the General Fund, in particular in City Council's Departmental budget, to cover anticipated costs associated with Betterment III Convention Center Expansion Project and the Hilton matter. Those funds have been retained in the Council's 587 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 2:00 P,M. budget and as those debt service payments come due, they are transferred out of Council's budget to the appropriate location. Miss King turned the presentation over to Bill Snyder to report on Visitor & Convention Bureau (V~C) activities. Visitor & Convention Bureau President. Bill Snyder - Anaheim Visitor ~ Convention Bureau; RAP Page 23. Budget total 1989/90 (Operating Plan), $3,290,556. 1990/91 (Operating Plan), $3,548,161. (See listing of V6~B programs and totals Page 23 of RAP.) Mr. Bill Snyder updated the Council on the Convention & Visitor industry in Anaheim emphasizing that it was doing extremely well and the prognosis for the future was good. He also showed the Council rough drafts of new ads that are going to be placed in key publications. Mr. Snyder also submitted and briefed the data sheet covering Convention attendance, Convention bookings and total tourism attendance over the past ten years reflecting successive record-breaking years in Convention attendance with the possibility that 1989 will be the 7th consecutive year, continuing increases in Convention bookings and reflecting the fact that increased tourism attendance records were established in each of the past 5 years (data sheet made a part of the record). CSty Attorney, Jack Whtte City Attorney's Office; RAP Page 63. 1989/90 Operating Plan, $3,466,935. 1990/91 Operating Plan, $3,231,243. No capital improvements. No issues. The unfunded supplemental package has been withdrawn. The plan as presented represents a one percent decrease from last year's total budget. His Department will continue to make the prosecution of drug-related crimes a top priority. Attention should be given to increasing the resources devoted to the prosecution function. City Treasurer. Mary_ Turner - City Treasure's Office; RAP Pages 11-12. 1989/90 Operating Plan, $1,628,699. Capital improvements, $110,000. 1990/91 Operating Plan, $1,668,320. No capital improvements. No issues. She referred to her memo dated June 2, 1989 previously submitted (made a part of the record) recommending an increase in fees in connection with the Business License Tax Ordinance - that the Business License processing fee of $17 be increased to $21 for the reasons discussed in the June 2, 1989 report. The increase would be applied to every business regardless of size. (Mrs. Turner then answered questions posed by the Council relative to the new Business Tax Ordinance adopted on August 31, 1989 which was the first change in 30 years). Cttv Clerk. Leonora Sohl - City Clerk's Office; RAP Page 64. 1989/90 Operating Plan, $516,819. No. capital improvements. 1990/91 Operating Plan, $480,538. No capital improvements. The largest single expenditure aside from labor is the cost of the 588 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989. 2;00 P.M. November, 1990 General Municipal Election, estimated at $55,000. Relative to the City's Records Management Program the Retention Plan is now completed to the point where the database is ready to be converted to the mainframe in 1989/90 at a cost estimated at $12,000. Because of its Cttywide application and implications for its use, she intends to apply for funds from the City's productivity fund to cover the cost rather than submit it as an enhancement package. City Manager Simpson. The next Department presentation is Administration found on Page 61-62 of the RAP. There is a correction - the Administrative Services Resource Allocation Plan Chart on Page 62 has a data entry error regarding capital improvements. In fiscal year 1987/88, actual should read $52,262. All other fiscal years should read zero. The s,,mmary of expenditure appropriations in the Line Item Document are correct. The 1989/90 Operating Plan is proposed at $5,040,475. There are no capital improvements. For 1990/91 it is $5,029,507 with no capital improvements. There are issues located on Page 62. Program Development & Audit proposes two supplemental packages for funding consideration - the addition of one Productivity Improvement Analyst and to add part-time work hours equal to one day per week in fiscal year 1990/91 to meet an increasing Employee Involvement Program clerical work load and Risk Management is proposing an additional position of Safety Administrator. Enhancement service level considerations for 1989/90, $165,989 and fiscal year 1990/91, $166,762. Administrative Services Director, Ron Rothschild, answering Councilman Pickler explained that relative to Page 62, the Administrative Services Department had an error in presentation. Looking at operating and capital improvement programs, those are all capital improvement programs totalling $4,363,000 in the first year and $4,331,000 in the second year combined with Page 61 which addresses the City Manager's Office. That is the total City Manager Simpson explained of $5,040,475 in the first year and $5,029,507 in the second year. Mr. Rothschild then highlighted the key elements in the Administrative Services Proposed Plan which covered Economic Development, Joint Training Powers Authority, Intergovernmental Relations, Program Development & Audit, Public Information Office and Risk Management. Administrative Services Director, Ron Rothschild - Golf: RAP Page 45. Capital Improvement Plan, Pages 16-18. 1989/90 Operating Plan, $3,538,488. Capital improvements, $2,075,000. Total Plan, $5,613,488. 1990/91 Operating Plan, $3,695,762. Capital improvements, $2,050,000. Total Plan, $5,745,762. Policy issues - finalization of the land sale required for 589 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 2:00 P.M. funding stabilization of the Walnut Creek Channel; complete final plan for the development of the Anaheim Hills Club House Area. Golf Operations are treated as a stand-alone enterprise within the City as a whole. A measure of the quality of the Plan is the bottom line - operationally, H.G. Dad Miller Course is expected to increase retained earnings by over $286,000 for fiscal year 1989/90 and over $300,000 for fiscal year 1990/91. The Anaheim Hills Public Country Club is anticipated to add another $64,000 + in 1989/90 and $95,000 in 1990/91. Bottom line "profits" are projected close to 3/4 of $1 million for the two years. At the conclusion of Mr. Rothschild's presentation, Councilwoman Kaywood asked for clarification that as stated by him there are no plans in process for changes to be made on the Anaheim Hills Golf Course itself should development occur in that area. She would like to put some rumors to rest by stating that there is no plan for development of homes on the course itself; both Mr. Rothschild and City Manager Simpson clarified that there are no plans for development of homes directly on the course. Library Director. Bill Grtfftth - Library; RAP Page 25. 1989/90 Operating Plan, $5,603,337. No capital improvements. 1990/91 Operating Plan, $5,781,665. No capital improvements. No policy issues. After his presentation, Library Director Grifftth deferred to Chairman of the Library Board, Barbie Whorton who asked to make a brief presentation on a related matter. Barbie Whorton, Chairman of the Library Board. She referred to a letter dated June 8, 1989 which she received from Cynthia Grennan, Superintendent of the Anaheim Union High School District, the intent of which was to ask for the support of the Library Board in maintaining a Joint project that the Anaheim Public Library and the School Library system is currently running. The program is currently funded by a Library Services and Construction Act and is a one year grant. The goal for the grant is to provide a way for the High School Library and the Anaheim Public Library to work cooperatively to ensure the 1,600 students at Western High School become life-long leaders. Crucial to the project is the Young Adult Librarian, at the present time, Mike Moran, who is paid by the grant. Results of the program have been phenomenal. The grant is seed money and lasts only one year. The letter from Superintendent Grennan is asking for consideration of funding the Young Adult Librarian position in order to be able to continue the project; Bill Griffith stated that the total cost of the position will be between $43,000 and $45,000. The grant expires in August and will not be renewed. 590 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989, 2:00 P,M. City Manager Simpson, answering Councilman Daly, stated he preferred that this item be considered as part of the public hearing on the budget today so that all supplemental items can be handled at this time. Fire Chief, Jeff Bowman - Fire Department: RAP Page 51. Capital Improvement Plan, Page 15. 1989/90 Operating Plan, $20,971,838. No capital improvements. 1990/91 Operating Plan, $21,223,777. No capital improvements. Policy issues - because of the growing cost to provide emergency medical response, the Department requested its first increase in the paramedic subscription fee and paramedic fee for service charges which were approved by the Council on May 9, 1989. Chief Bowman's presentation was supplemented by slides. At the conclusion of his presentation, Chief Bowman answered questions posed by Council Members. Data P~ocesstng Director. Janet Mace - Data Processtnm Department: RAP Page 68. 1989/90 Operating Plan, $5,375,315. No capital improvements. 1990/91 Operating Plan, $5,542,351. No capital improvements. No policy issues or supplemental requests. At the conclusion of her presentation, City Manager Simpson commended Mrs. Mace for the outstanding job she has done in the short time she has been Data Processing Director. Finance Director, George Ferrone - Finance Department: RAP Page 67. 1989/90 Operating Plan, $3,710,253. No capital improvements. 1990/91 Operating Plan, $3,871,965. No capital improvements. No policy issues or supplemental requests. Public Utilities General Manager, Gordon Hoyt - Public Utilities Department: RAP Pages 57-59. Capital Improvement Plan, Pages 35-39. 1989/90 Operating Plan, $232,951,907. Capital improvements, $37,559,062. Total Plan, $270,510,969. 1990/91 Operating Plan, $239,328,379. Capital improvements, $43,185,747. Total Plan, $282,514,126. No policy issues or supplemental requests. City Manager Simpson first briefed report dated June 2, 1989 £rom the Public Utilities Board (~ubject: Findings and recomendations of the Public Utilities Board concerning the 1989/90 and 1990/91 Resource Allocation Plan for the Electric and Water Utilities). The report contained a recommendation by the Board to adopt the two-year RAP with the six changes listed on Page 1 of the report (made a part of the record) whose net effect is to increase the water utility RAP by $17,836 in 1990/91 and to reduce the electric utility RAP by $2,189,050 in 1989/90 and $366,350 in 1990/91. 591 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989. 2:00 P.M. Mr. Hoyt first pointed out that the Utilities budget represents 60% of the City's total budget. He then briefed the Council on the accomplishments of the Department over the past year on behalf of the citizens of Anaheim as well as the plans, goals and objectives for the future, at the conclusion of which he answered questions posed by Council Members regarding the status of undergrounding utilities in the Stadium/Convention and Disneyland areas, and status of pending rate case litigation. City Manager Simpson stated that Departmental presentations on the 1989/91 RAP were now complete. Before concluding, Councilwoman Kaywood stated she felt it would be very helpful to everyone if the Utilities budget could be shown separately in the budget or a chart that would show the total Utilities budget and one showing the budget relating to the rest of City government. MOTION; Councilwoman Kaywood moved to continue the public hearing on the 1989/90 Resource Allocation Plan to 6:00 p.m. Councilman Hunter seconded the motion. MOTION CARRIED. ADJOURNMENT; June 13, 1989. (3:47 p.m.) LEONORA N. SOHL, CITY CLERK Councilwoman Kaywood moved to adjourn the regular meeting of Councilman Hunter seconded the motion. MOTION CARRIED. 592 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Anntka Santalahti TRAFFIC ENGINEER: Paul Singer HUMAN RESOURCES DIRECTOR: Dave Morgan PROGRAM DEVELOPMENT & AUDIT MANAGER: Ken Stone A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:40 p.m. on June 16, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: 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; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To meet with its Real Property Negotiator regarding the possible purchase of certain real property from the Phoenix Club located at 1566 Douglass Road. c. To discuss labor relations matters - Government Code Section 54957.6. d. To discuss personnel matters - Government Code Section 54957. e. To confer with its Attorney re§arding potential litigation pursuant to Government Code Section 54956.9(b)(1). f. To consider 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. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:57 p.m.) INVOCATION; Bishop of the Church of Latter Day Saints gave the invocation. 593 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5:30 P.M, 119: PRESENTATION OF COLORS; Councilwoman Kaywood called on Troop Leader Sheila Harel of Girl Scout Troop 1244, Anaheim Hills, to present the colors. Troop Leader Harel along with girl scouts of Troop 1244 presented the colors and Councilwoman Kaywood led the Pledge of Allegiance to the Flag. 119; CERTIFICATE OF APPRECIATION: A Certificate of Appreciation was authorized by the City Council to be presented to Mr. William Swisher, upon his retirement from the Golf Commission. 119; PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: Paralegal Day in Anaheim, June 24, 1989. Bernice Granato, Paralegal in the City Attorney's Office accepted the proclamation. 119; DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council to be presented to Reverend Monsignor Hugh O'Connor, recognizing the 50th Anniversary of his Ordination to the Priesthood. 119: DEGLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council commending the Anaheim Senior Citizens Club, Inc. volunteers for their loyal service and worthy contributions to the community as well as honoring its oldest member, Mildred Kennedy, who is 100-years old. Jennie Fleishour and Mary Atwell accepted the Declaration for the Senior Citizens Club and Mr. Ralph Sarno accepted on behalf of Mildred Kennedy. 119; DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council thanking Chevron USA for their generous donation to preserve wildlife through the Oak Canyon Nature Center and its programs. The Declaration was accepted by Mary Ann Barngrover, Public Affairs Manager for Ghevron. Ms. Barngrover, in turn, presented a facsimile check to the Council in the amount of $4,500 to fund the design and construction of an interpretive sign for the Anaheim Wetlands Reserve. Mayor Hunter, on behalf of the Council and the City thanked Ms. Barngrover and Chevron for their generous contribution in funding this special Nature Center project. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held June 6, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,266,780.39, in accordance with the 1988-89 Budget, were approved. 594 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M, WAIVER OF READING - RgSOLUTIONS/ORDINANCES; The titles of the following resolutions and ordinances on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-240 through 89R-242, both inclusive, for adoption; Ordinance No. 5036 for introduction; and Ordinance Nos. 5032 and 5033 for adoption) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 89R-240 through 89R-242, both inclusive, for adoption; Ordinance No. 5036 for introduction; and Ordinance Nos. 5032 and 5033 for adoption. Refer to Resolution/Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Laura Burduja by Vaslle Burduja for bodily injury sustained purportedly due to actions of the City on or about November 30, 1988. b. Claim submitted by Bradley Clayton for property damages sustained purportedly due to actions of the City on or about March 28, 1989. c. Claim submitted by Dora (Istdora) Delgadillo for property damages sustained purportedly due to actions of the City on or about December 23, 1988. d. Claim submitted by Allison Edson by Debra Lynn Edson for bodily injury sustained purportedly due to actions of the City on or about February 2, 1989. e. Claim submitted by Debra Lynn Edson for bodily injury sustained purportedly due to actions of the City on or about February 2, 1989. f. Claim submitted by John V. Green by Debra Lynn Edson for bodily injury sustained purportedly due to actions of the City on or about February 2, 1989. g. Claim submitted by David Marzolo for property damages sustained purportedly due to actions of the City on or about May 7, 1989. h. Claim submitted by L. Deane Wilson for property damages sustained purportedly due to actions of the City on or about April 6, 1989. i. Claim submitted by Dewtek Corporation (Main Action: Tremblay vs. Anaheim Stadium) for indemnity, contribution and reimbursement of defense costs sustained purportedly due to actions of the City on or about March 24, 1989. 595 City Hall, Anaheim. California - COUNCIL MINUTES - June 20, 1989. 5:30 P.M. J. Claim submitted by Georgia Pashos for property damages sustained purportedly due to actions of the City on or about November 2, 15 and 23, 1988. A2. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held May 11, 1989. 105: Receiving and filing minutes of the Public Utilities Board meeting held May 18, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held May 31, 1989. A3. 165: Awarding the contract to the lowest and best responsible bidder, Orange County Striping Service, Inc., in the amount of $351,130 for installation and maintenance of traffic stripe paint, pavement markings and devices on various City streets. A4. 175: Awarding the contract to the lowest and best responsible bidder, A & L Construction Company, Inc., in the amount of $475,977.80 for Ball Road Duct Bank. A5. 169: Approving Contract Change Order No. 1, in the amount of $13,602.02 (increasing the original contract from $89,152.03 to $102,754.05) in favor of Vernon Paving, Inc., for Kellogg Avenue Street Improvement - 70' n/o Woodwind Lane to Orangethorpe Avenue. A6. 169: Approving the Notice of Completion of the construction of Kellogg Drive Street Improvements 70' n/o Woodwind Lane to Orangethorpe Avenue by Vernon Paving Company, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A7. 169: Approving the Notice of Completion of construction of Miraloma Avenue - Kraemer Boulevard to Blue Gum Street, Blue Gum Street - north City limits to La Palma Avenue; La Palma Avenue - 541' w/o Blue Gum Street to Kraemer Boulevard by Blair Paving, Inc., and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. AS. 158: Finding and determining, in accordance with section 1222 of the City Charter, that the proposed sale of City owned real property located at 330 S. Grand Avenue (south of Olinda Lane, east of Grand Avenue - C.P. 256) is in the best interest of the City; and accepting the offer received in the amount of $1194; and authorizing the Mayor and City Clerk to execute the Grant Deed. A9, %49/14~; ORDINANCE NO. 5036 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2400 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNIGIPAL CODE RELATING TO PARKING AND STOPPING. (On La Palma Avenue, the north side, from Citron Street to a point 840 feet east of Citron Street) 596 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5:30 P.M. Al0. 160: Accepting the low bid of Pac Power, Inc., in the amount of $127,374.90 for one derrick & chassis truck with buckets, all in accordance with bid proposal #4701 as publicly advertised. All. 160: Accepting the low bid of Pavement Coatings Company, in an amount not to exceed $40,000 for street alley maintenance, quickset emulsion aggregate slurry, all in accordance with bid proposal ~4703, as publicly advertised. Al2. 160: Authorizing the Purchasing Agent to issue a change order to GMF Sound, Inc., for an additional amount of $1,600 bringing the revised total order for the purchase and installation of a security access system at the Stadium to $33,899. The change order is required to add and modify door requirements to the system. Al3. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to Xerox Corporation, in the amount of $265,200 (plus applicable taxes and copy costs) for two copiers in Reprographtcs for a period of five years, beginning July 1, 1989. Al4. 123: Waiving Council Policy 401 and approving a consultant services agreement with Irvine Geotechnical Consultants, Inc., at an estimated cost of $34,200 to evaluate slope stability at Olive Hills Park. Al5. 139: Supporting Senate Bill 1399 which would allocate certain percentages of revenue from cigarette and tobacco taxes for park development purposes, and authorizing the Mayor to sign a letter to the Orange County legislative delegation indicating the City Council's support for the passage of Senate Bill 1399. Al6. 123: Authorizing the Public Utilities General Manager to negotiate a three-year lease with two one-year options with Meyer Asset Management, at a cost of $452,000 for approximately 7,865 square feet of space at 222 South Harbor Boulevard as listed in the proposal dated May 31, 1989. Al7. 175.123: Approving a Seventh Amendment to Agreement with Alan R. Watts, Rourke and Woodruff, for an increase in rate~ for legal ~ervtce~, effective July 1, 1989. Al8. This item was pulled from the Consent Calendar for further discussion. (See end of Consent Calendar.) Al9. 123: Approving a Seventh Amendment to Agreement with E. Del Smith & Company, Inc., at a cost of approximately $3,800 per month plus expenses, travel, and telephone costs, to extend Washington representation services from July 1, 1989 through June 30, 1990. A20. 139: Supporting Senate Bill 235 (Alquist) regarding the reimbursement of City costs for state-mandated programs, and authorizing the Mayor to sign a letter to our legislators in Sacramento indicating the City Council's support of this proposed legislation. 597 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M. -- A21. 139: Supporting Assembly Bill 1463 (Klehs & Prtngle) regarding the provision of income tax credits for ridesharing, and communicating this support to the appropriate legislative members in Sacramento. A22. 139: Opposing Assembly Bill 2372 regarding the distribution of property tax proceeds, and communicating this opposition to the appropriate legislative members in Sacramento. A23. 123: Approving a College Work - Study Agreement with Western State University College of Law to employ law students through a work study program, effective July 1, 1989, and authorizing the City Attorney to execute the agreement on behalf of the City. A24. 123: Approving a Covenant and Agreement Concerning Parking pursuant to the terms of Variance No. 3859 previously granted to Anaheim General Hospital at the City Council meeting of April 4, 1989. A25. 140/109: Authorizing the Library Director to act on behalf of the City and to apply for receipt of funds from the Major Urban Resource Library (HURL) program (for the period of October 1, 1989 through September 30, 1990) to be used for the purchase of reference materials. A26. Approving agreements with Harte Enterprises, Computer-Tek, Mini-Systems Associates, John Cappellettt Associates, International Management Systems, Business Consulting Associates, DPCS, Inc., Stzemore Computer Systems, Krystal Solutions, and The Professionals for contract progrmmming services for the Data Processing Department. A27. 123/106/155: Waiving Council Policy No. 306 and authorizing the City to execute an agreement with D.I.A.L. Pro of Los Angeles, Inc. in the amount of $56,286 for one VMX/OPCOM D.I.A.L. Call Processing System and system software for the Planning Department, without competitive bidding. 123/106/155: Increasing expenditure and revenue appropriations in the Planning Department by $56,286 (expenditure account no. 01-163-7115 and revenue account no. 01-166-3201). A28, l$fi: KES0LUTION NO, 89R-240; A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PARTIGIPATION IN THE GOUNTY-GOORDINATED 800 MEGAHERTZ L~W ENFORCEMENT/PUBLIC WORKS RADIO SYSTEM. A29, 128; RESOLUTION NO. 89R-241: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A$O, ~7~; ORDINANCE NO. 5032 - ADOPTION: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REPEALING ORDINANCE NO. 4417, PROVIDING FOR THE PROCEDURES FOR THE ISSUANCE, SALE AND SECURING OF ELECTRIC REVENUE ANTICIPATION NOTES OF SAID CITY AND PROVIDING THE TERMS AND CONDITIONS OF SAID NOTES. (For the financing, constructing, and operating of a combustion turbine peaking power plant.) 598 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P.M, A31. 179/000; ORDINANCE NO, 5033 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO AUTHORIZATION OF FEES. (Petitions filing fees.) A32. 186.123: Approving a First Amendment to Lease Agreement and a First Amendent to Sublease Agreement dated as of June 1, 1988, between APIC and the City relating to Variable Rate Demand Certificates of Participation (Parking Facilities Refinancing Project) and authorizing the Mayor and City Clerk to execute said amendments and any other agreements, instruments or documents, in such form as approved by the City Attorney, as may be necessary to consumate said transaction. A33, 130; RESOLUTION NO, 89R-242: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO GRANT TO EMPIRE CABLE TELEVISION, INC. A NONEXCLUSIVE FRANCHISE FOR CABLE TELEVISION WITHIN PORTIONS OF THE CITY OF ANAHEIM LOCATED GENERALLY IN THE AREA OF WEIR CANYON ROAD IN THE SANTA ANA CANYON SOUTH OF THE RIVERSIDE FREEWAY. Floyd Farano, Farano & Kteviet. He would assume that the franchise to be voted upon is the document which staff prepared and recently tendered to the City Council (mitigation agreement). If that is true, his comments are directed to Section 33. They have read the document and would like to have some information concerning attorney's fees that the document contains but that can be covered by staff over the next day or so. Section 33, they feel, does contain an undertaking by the City which the Council should reconsider. The section covers and requires the assignment of any and all exclusive agreements or contracts which Empire may have to provide cable service. They feel Section 33 should be limited to only the matter in which the public right-of-way is affected. The way it is worded, Empire would be assigning to the City any contract or every contract they have with each subscriber. He does not know if the City intended that. They have no problem with any other portion of that section except as it pertains to the subscriber's contracts and agreements and as it pertains to private property. That section could be amended to accomplish their suggestion very quickly with about four or five words. Those are Empire's comments in this regard. City Attorney Jack White. This is a proposed resolution to set a public hearing for July 25, 1989 on what he would call the staff proposed franchise. It would not be granting the franchise but only calling the hearing for 3uly 25, 1989. Responding to Mr. Farano, if clarification of the language is needed his (White's) staff would be happy to meet with Mr. Farano to resolve that. If in agreement, this could be handled through a side agreement outside the scope of the language. At the same time, he believes the Intergovernmental Relations Officer's recommendation on the item was to also continue the hearing scheduled for July 18, 1989 on the existing ordinance proposal submitted by Empire to July 25, 1989, the reason being a full Council is not anticipated on July 18, 1989. It is recommended that both ordinances be heard July 25, 1989. Mr. Farano confirmed for Councilman Daly that the foregoing was agreeable to him. 599 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. Roll Call Vote on Resolution Nos. 89R-240 through 89R-242: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-240 through 89R-242, both inclusive, duly pas~ed and adopted. Roll Call Vote on Ordinance Nos. 5032 and 5033: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 5032 and 5033 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. Al8, 153; A~?OINTMgNTS AND PROMOTIONS - AMENDING PERSONNEL RULE 7: Submitted was report dated June 13, 1989 from David Morgan, Human Resources Director, recommending amendment to Personnel Rule 7 as outlined in his report and a proposed resolution adopting same which would amend Resolution No. 88R-166. Sharon Ertckson, President, Anaheim Municipal Employees Association (AMEA). Amending the subject Personnel Rule would directly affect the advancement of current Anaheim employees by denying them the opportunity of a promotion to management or a confidential position. It will allow the Human Resouces Director to recruit from outside the City whether or not currently qualified candidates are employed by the City. It could drastically limit opportunities for advancement for current employees. Personnel Rule 7 has been in effect for many years and recently came to light because of an employee grievence. She urged the Council to stand up for the employees and to make certain they have the opportunity to improve their position in life. She asked that they not adopt the resolution or at least postpone it until employee groups and the Human Resources Director meet and resolve the issue. A representative from IBEW (InterI%attonal Brotherhood of Electrical Workers) was not able to be present tonight. Their position is the same as AM~A. Councilman Hunter moved to continue consideration of the subject proposed amendment to Personnel Rule 7 for one week to enable the IBEW to give their comments at that time. Councilman Daly seconded the motion. Before a vote was taken, Mayor Hunter stated it is the policy of the City to hire from within but he would like to give an opportunity to IBEW to speak to the issue. Councilwoman Kaywood asked if there would be a problem with a one-week delay; City Manager Simpson stated he could not think of any unless the people from HRD knew of a problem he was not aware of. Provided there was no provision that staff sit down and talk or negotiate with anyone on the matter, he would see no problem with a one-week continuance. 60O City Hall, Anaheim, CalSfoFnia - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. Dave Morgan, Human Resources Director. The only impact of waiting one week, there are certain management appointments pending that will be impacted by the decision. As a practical matter, one week will not be a problem but it is an issue that needs to be dealt with in a timely manner. A vote was then taken on the foregoing motion of continuance. Council Members Pickler and Kaywood voted no. MOTION CARRIED. 179/142; PROPOSED ORDINANCE - MAXIMUM PERMITTED STRUCTURAL HEIGHT OF SINGLE-FAMILY RESIDENCES IN THE SCENIC CORRIDOR: Amending various sections of various chapters of Title 18 of the Anaheim Municipal Code relating to maximum permitted structural height of single-family residences in the Scenic Corridor Overlay zone. This matter was discussed at and continued from the meetings of May 23, 1989 and June 6, 1989 to this date. Mayor Hunter stated that any Council Member can offer the proposed ordinance for first reading which does not necessarily mean the Council is in favor. If the ordinance is offered today, it will be on the Council agenda next week for final adoption at which time the public will have an opportunity to speak to the ordinance. City Clerk Sohl announced that several pieces of correspondence had been received on the proposed ordinance and also a letter from the law offices of Farano & Kteviet asking for a continuance of the matter. Several individuals also indicated their wish to speak to the ordinance, three of whom are Roland Krueger, Patrick Pepper and Mttzy Ozaki. Mayor Hunter reiterated that the ordinance, if offered, will be opened for public input at the next meeting; Councilman Pickler felt that the Council should have that input today. Joel Ftck, Planning Director. For clarification, the Planning Department has been working with the community on putting together the draft ordinance. The only change staff has recommended is pertaining to lots fronting on the north side of Aventda de Santiago. Staff has worked with the City Attorney's Office and did recommend that change - that the lots on the north side of Avenida de Santiago be deleted. Mayor Hunter. There have been several meetings with public input on the issue. The ordinance is now before the Council for introduction. The usual procedure is to take public input at the time the ordinance is offered for adoption. Councilwoman Kaywood. She feels with the deletion of the north side of Aventda de Santiago this would probably eliminate most of the peopl% who want to speak to the issue although she feels they should be given the opportunity to do so at this time. Councilman Pickler moved that public input be received at this time on the proposed ordinance. Councilwoman Kaywood seconded the motion. Council Members Daly, Ehrle and Hunter voted no. The motion failed to carry. 601 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. Councilman Hunter offered Ordinance No. 5037 for first reading, deleting lots fronting on the north side of Avenida de Santiago. ORDINANCE NO, 5037; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAMEIM MUNICIPAL CODE RELATING TO ZONING. City Clerk Sohl stated for clarification, the ordinance will be on next week's Council agenda under Zoning and Land Use Items which is the normal.procedure and will afford the opportunity for public input. It will not be a noticed public hearing. 179; pUDLIG ~EARING - WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO. 3124 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Sanderson-J-Ray Development 2699 White Road, Suite 150, Irvine, CA 92714 LOCATION/REQUEST: The property is located at 3360 E. La Palma Avenue. The request is to construct a bowling alley with waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3124 was granted by the Planning Commission, under Resolution No. PC89-126; Waiver of code requirement was granted by the Planning Commission; approved EIR Negative Declaration. HEARING SET ON: A Review of the Planning Commission's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of May 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 8, 1989. Posting of property June 7, 1989. Mailing to property owners within 300 feet - June 9, 1989. PLANNING STAFF INFUT: See Staff Report to the Planning Commission dated May 8, 1989. APPLICANT'S STATEMENT: Frank Elfend, Elfend & Associates. He is speaking on behalf of Sanderson-J-Ray, owner. Bowling is the most popular participation sport in Anaheim, especially among corporate entities. The GUP for the proposed bowling center reflects their original request made to the Council on January 24, 1989, at which time the Council approved bowling centers as a conditional use in the Canyon Industrial Area (see minutes that date). Since that time, he has been working with staff and the Planning Commission on the details of the 602 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. proposal. He then narrated a slide presentation on the proposed 40-lane state-of-the-art bowling center including a snack bar and related uses. The slides were mainly of a facility that the De Lyse Corporation, the builders of the proposed facility, had built in Riverside which will be similar to the facility in Anaheim. (Mr. Elfend also submitted a plan showing the north and south elevations and the east elevation of the proposed bowling center - The Concourse - made a part of the record). The facility will complement the industrial area by providing a service and amenity to the companies and employees in the industrial area. He then submitted a list of 73 companies within the Canyon Industrial Area who demonstrated an interest in being a part of the industrial league who will utilize the center. Twenty-six additional companies also indicated that they would like to have the center located adjacent to them as evidenced by their letters which were submitted to the Council in January (previously made a part of the record). Also included in the Council packet was a list of 200 howlers who would like to see the center brought into the City. Mr. Elfend then spoke to the traffic and land use issues. In order to avoid conflict with morning hour traffic, the operator has agreed to a condition to not open the facility until 9:30 a.m. It is estimated 75% of the bowlers utilizing the facility at 3:30 p.m. will be from the Canyon Industrial Area. The experience in Riverside shows that employees of surrounding companies, rather than getting on crowded freeways, will first bowl a few games, usually as part of the industrial league which will divert cars off the freeway and bring them into the facility. The busiest time of the center is at night and most people who bowl will be doing so between 8 p.m. and 10 p.m. and on weekends. At night there is very little traffic in the area. Relative to the appropriate land use for the area, the parcel at the present time is an asphalt parking lot full of weeds surrounded by other asphalt parking lots. The economic use of the property at present is very minimal. Approval will result in construction and operation of a well landscaped facility. It is a positive addition and will enhance the aesthetics of the area while providing increased employment, property tax and sales tax revenue and not create any adverse traffic impact. In concluding, Mr. Elfend stated there are some conditions which are unresolved, however, relative to Condition Nos. 9 and 13. The City Attorney will have comments on those conditions later in the hearing. Condition No. 9 was reworded after the Planning Commission meeting. Condition No. 13 was deleted by the Planning Commission. PUBLIC DISCUSSION- IN FAVOR: Kathy Wright, 5815 East La Palma, Space #144, Vice President of the City of Anaheim Bowling League. 603 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989. 5;30 p,M, If the trend continues, bowlers will have to go somewhere else besides Anaheim to bowl because bowling centers are closing in the City. She and her husband had an opportunity to visit the Bowling Center in Riverside. It is a beautiful facility and it would be an asset to have a similar facility in Anaheim. Joe Truxaw, 7371 Coco Drive, Huntington Beach, former resident of Anaheim. He is a bowler and owns a business within two blocks of the proposed site. He concurs with the applicant's analysis of the area traffic situation. The traffic issue seems to be the strongest point. Bowlers will stay in the area to bowl. The Concourse Bowling Center in Riverside is more of a family recreation center. He is in favor of the proposal as well as his company. Bob Johnson, 3105 South Taylor, Santa Aha. He is deeply involved in the bowling industry. The image the typical person has of the bowling industry is a 1950's image. He feels the slides shown tonight are far removed from that image. He is surprised to hear the owner has agreed to open the facility later in the morning. Based upon his knowledge of the bowling industry, any restriction is unprecedented. The Concourse Bowling Center is the Mercedes of the bowling industry in Southern California. The City will benefit from this type of operation. Jack Sweeney, resident of Villa Park and President of AJS Electric located in the area. He is in support of the project. The parking lot is an eyesore. The City only has two bowling alleys at present. The center will be an asset to the City especially in the proposed area. Chris Abernathy. She works for Econolite located adjacent to the property. She has talked with people in her company who are in favor of having the proposed bowling alley so close to their facility where they can engage in league play. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Paul Singer, Traffic Engineer, then explained and confirmed for Councilwoman Kaywood why he feels confident there is adequate parking on the site. 604 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M, Councilwoman Kaywood. The Redevelopment Commission has recommended that the project be denied because it is inconsistent with the Redevelopment Project Alpha. Nobody is opposed to a bowling alley or the particular one spoken of except the fact that it is being proposed in the industrial area of Project Alpha and it is inconsistent with what is required of a Redevelopment area. Frank Elfend. He referred to a letter which he stated indicates that neither he nor his client were aware or informed that the Redevelopment Commission was going to consider the project. They had prepared substantial studies on land use, etc., none of which were ever considered by the Redevelopment Commission. When the decision was made by the Commission, it was made in a "vacuum" without the benefit of the information that was provided to the Planning Commission. It is true that the Redevelopment Commission did not react favorably but they believe it was because the Commission did not have the information that was submitted. Councilwoman Kaywood. The applicant did not request on-sale alcohol but the slides showed a lounge and liquor storage area on the plans. Frank Elfend. At the Planning Commission hearing, he requested deletion of Condition No. 13 which prohibited on-sale alcohol and the Planning Commission deleted that condition. Annika Santalahtt, Zoning Administrator. The staff report contained commentary regarding the subject of on-sale alcoholic beverages. Staff requested the Commission to determine whether that would be an appropriate accessory use with this proposal. The determination was not made at the public hearing although loosely referred to. Mr. Elfend brought up the subject and got only a generic comment, but no mention was made and, therefore, that condition remains in the resolution. There wa~ a recommendation to the applicant that the petition should be modified since it has never been advertised to include on-sale alcoholic beverages. Staff feels it should have been a specific part of the application and advertised accordingly in view of the past history in the area. City Attorney Jack White. He addressed three issues as follows: Cond$~ion No, 9 Relating to Parking - At the request of the Planning Commission staff has come up with language that would modify Condition No. 9 which has been reviewed by and is acceptable to the applicant. It would require that a covenant be recorded against the property that in the event the City 6O5 City Hall, Anaheim, California COUNCIL MINUTES - June ~0, 1989. 5:30 P.M. -- Traffic Engineer believed that a parking deficiency did occur with regard to the use that the property owner would fund a parking demand study which would be used to determine whether, in fact, a parking deficiency did exist. If it was determined to be so, additional parking not to exceed an additional 387 spaces would be provided on the unoccupied portion of the property in a manner acceptable to the City Engineer at the time the undeveloped portion developed. If Council acts favorably, he suggests that existing Condition No. 9 be modified. Condition No. 13 Relating to Alcoholic Beverage Sales - The current provisions of the Canyon Industrial Area of the ML Zone do not specifically authorize alcoholic beverages as a separate use within that. In his view, it would not be appropriate in Condition No. 13 to require a separate CUP because the City Planning Commission nor City Council has the authority to approve a CUP for alcoholic beverage sales as a separate use because it is not listed specifically as a separate use in the Canyon Industrial Area. He would not be in favor of Condition No. 13 in any event as currently worded. Having reviewed a verbatim transcript of the Planning Commission proceedings, he believes while the action taken was not a model of clarity, the intention of the Planning Commission was to delete Condition No. 13 which would be consistent with his comments - that Condition No. 13, as currently worded requiring a CUP for alcoholic beverage sale is not something the City could entertain in any event. The Council could approve the project with the alcoholic beverage sale simply by finding alcoholic beverages are an incidental use to a bowling center. The Council could approve the application for a cocktail lounge but if they did not wish to do so, they would not have Jurisdiction to approve the cocktail lounge portion of the use. Since this is a CUP for a bowling center, he does not believe legally that they need to separately advertise alcoholic beverage sales in this case. Recommendation of the Redevelopment Commission - Whether or not any particular application complies with a Redevelopment plan is a Redevelopment issue and not a zoning issue. That decision under the Redevelopment plan is one that is made by the Executive Director of Redevelopment, not the Redevelopment Agency or the City Council. Regardless of the whether the Council approves the project, a decision will need to be made by the Executive Director of Redevelopment finding whether or not the project is compatible with the Redevelopment plan. That is a separate step the applicant will have to go through before the applicant can obtain a building permit. The recommendation of the Redevelopment Commission is traditionally, even though not legally required, asked for by the Redevelopment Director in making his/her decision as to whether the project is compatible with the Redevelopment plan. It is not inconsistent that the Commission could make one recommendation to the Executive 606 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P.M, Director and the Planning Commission could make a different decision and different determination with regard to simply the zoning aspect of the use. Frank Elfend. On Condition No. 9 they agreed to agree. On Condition No. 13, when the item first came before the Commission, his client did request that alcohol be included and it is within the staff report. The bottom line is if the Council chooses, they can find it as an incidental use and that is what their understanding is that the Planning Commission did. City Attorney White. As he mentioned in this particular case, alcoholic beverages are not a conditional use and unless the Council finds it is an incidental use to a bowling center they cannot go forward with processing a conditional use permit for alcoholic beverages. As he understands it, it is part of the request and the Council has Jursidtction to do what it wants - approve part of the application with alcohol, without alcohol or determine that a bowling center is not appropriate in that location at all. It is at Council's discretion. ENVIRONMF~NTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-243) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Daly offered Resolution No. 89R-243 for adoption with the modification to Condition No. 9 as articulated by the City Attorney and agreed to by the developer and that Condition No. 13 be deleted which prohibited alcoholic beverages. Refer to Resolution Book. Refer to Resolution Book. RESOLUTION NO, 89R-243: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3124. Before a vote was taken, Councilwoman Kaywood explained why no alcoholic beverages were permitted in the Canyon Industrial Area so that people working in the area would not be doing so in a diminished capacity after the consumption of alcoholic beverages. 607 City Hall, Anaheim, California - COUNCIL MINUTES June 20. 1989. 5:30 P.M. Councilman Ehrle. The issue is not the consumption of alcohol at a bowling center but the use of the land. The City is in need of an additional or new bowling center. He sees no better area than the proposed site for the center which will bring with it tax benefits and employment opportunities. Councilman Pickler. He is going to vote against the project. If the facility would stay closed until approximately 7 p.m. he would have no problem. He is aware of the traffic in the area during the day. The bowling center will cause a lot of problems. It does not belong in the area and will create more traffic and congestion. Annika Santalahtt, Zoning Administrator. She pointed out that Condition No. 6 specifies hours of operation noting that the business will not commence earlier than 9:30 a.m. Monday through Friday. Those are the five days that will have that condition. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle and Hunter Pickler and Kaywood None The Mayor declared Resolution No. 89R-243 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (7:37 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (7:54 p.m.) 179: ~U~LIC HEARING - GONDITIONAL USE PERMIT NO. 3149 AND NEGATIVE DECLARATION: APPLICANT: O~NER: EXXON Corporation 1200 Smith Street, Houston, TX 77210 AGENT: Tatt& Associates 800 N. Eckhoff Street, Orange, CA 92613 LOCATION/REQUEST: The property is located at 2791 E. Lincoln Avenue. request is to permit a self-serve gas station with convenience store. The 608 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989. 5:30 P.M. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3149 was granted by the Planning Commission, under Resolution No. PC89-112; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Hunter at the meeting of May 16, 1989, and public hearing schedule~ this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 8, 1989. Posting of property June 7, 1989. Mailing to property owners within 300 feet - June 9, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 24, 1989. APPLICANT'S STATEMENT: Chester Bennett, Project Manager, Tait & Associates 800 N. Eckhoff Street, Orange, CA 92613, agent and applicant was present to answer questions. Councilman Daly. His primary reason for requesting a public hearing is with regard to signage on the property. The site plan includes a traditional high-rise sign and also an alternate design which would be two monument signs. If monument signs are required, the applicant is requesting that he be allowed to have two. He asked what the width and height would be of the two monument signs. Chester Bennett. That is not their preferable stgnage for the site but if monument signs, they would want two approximately 52 square feet and a total of 7 feet high - a typical monument type sign. Armika Santalahtl, Zoning Administrator. The Zoning Code everywhere in the City allows only one freestanding sign to be at least 300 feet away from any other freestanding sign on the same piece of property. On the subject parcel with a 150-foot frontage on two streets they cannot legally have a second pole or monument sign without an advertised waiver and a waiver was not advertised. She was going to suggest something in the range of 8 feet by 6 feet which is what staff tends to see on monument type signs. Chester Bennett. He would be allowed one freestanding sign, either a pole or monument sign. The Council set a public hearing to discuss requiring a monument sign. They want to keep the pole sign. Driving north on the 57 Freeway, the existing pole sign is 609 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M, visible. If they are required to have only a monument sign, then he is requesting a sign waiver to be allowed to have two monument signs which would give them a sign facing each street. He clarified this is a 24-hour a day location. PUBLIC DISCUSSION- IN FAVOR: Mr. Heldary, 2791 East La Palma, the son of the present dealer. It is a simple matter. The station is located right off the 57 Freeway off ramp. They are open 24 hours a day. Motorists are able to see the existing sign making it convenient for them to know where to purchase fuel and to get something to eat. PUBLIC DISCUSSION- IN OPPOSITION: Mr. Nijjar, 100 North Harbor Boulevard. He is opposed because too many gas stations are becoming convenience markets and everyone wants a beer and wine license. They were denied a permit for a convenience store. He does not think the area can support another beer and wine license. It is unfair for convenience stores not to have gasoline sales but gas stations to have convenience stores. His store is located at Harbor Boulevard and La Palma Avenue. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. Because Exxon is involved in this application, in view of the disastrous oil spill in Alaska, she will be voting against this request. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION GARKIED, WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-244) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Daly offered Resolution No. 89R-244 for adoption, granting Conditional Use Permit No. 3149 allowing one monument st~n only 52 square feet. Refer to Resolution Book. RESOLUTION NO, 89R-244; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3149. 610 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution No. 89R-244 duly passed and adopted. 179; PUBLIC HEARING - CONDITIONAL USE PERMIT NO, 3%50 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Exxon Corporation 1200 Smith Street, Houston, TX 77210 AGENT: Tatt& Associates 800 N. Eckhoff Street, Orange, CA 92613 LOCATION/REQUEST: The property is located at 1198 South State College Boulevard. The request is to permit a self-serve gas station with convenience store. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3150 was granted by the Planning Commission, under Resolution No. PC89-113; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Hunter at the meeting of May 16, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 8, 1989 Posting of property June 7, 1989. Mailing to property owners within 300 feet - June 9, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated April 24, 1989. APPLICANT'S STATEMENT: Chester Bennett, Project Manager, Tait & Associates. The subject location at State College and Ball Road requires quite a bit of land to be dedicated to the City. The existing storage tanks located at the corner are to remain. The City has agreed once dedication is made, the area around the tanks be dedicated in such a manner that the tanks be allowed to remain in place. The City has also stated that the existing pole sign shall be allowed to remain until the right turn lane is actually constructed and then it must be moved. 611 City Hall. Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5:30 P.M. The issue is where the pole sign can be relocated on the site. As evidenced by the information he provided the Council, the best location for the monument sign would be at the corner because the tanks are to remain and the area of the planter less the dedication to the City will not allow the monument sign to be placed. Their proposal is for a single pole cantilever type sign extending out over the sidewalk only to be placed when the City takes the land for the right-turn lane. What they are trying to accomplish is an approved location for the .future sign so there is no question that their project can proceed and at the time the City takes the land they do not have to rip out the sign and put it in another location. Paul Singer, Traffic Engineer. The applicant is going to dedicate the right-of-way for the critical intersection. The statement regarding the tanks is incorrect. The City did not agree the tanks will remain there after construction of the intersection. It will be part of the cost of relocating the tanks. There will be adequate space after the critical intersection is constructed to relocate the monument sign or any sign. He wants to be sure the applicant understands there was never any discussion the tanks would not be relocated after the widening. They are not relocated at the time of the dedication but only after construction will those tanks have to be moved. Before going into final design at that time, the City will do everything possible not to have to relocate the tanks but at this point, the City has no guarantee the tanks will not be relocated. They are going to try to avoid having to relocate them because it would be expensive and it would be at the City's expense. Chester Bennett. The Council is about to vote on an approved layout of the site which leaves them with a 3-foot planter at the time the land is taken. He will only have a 3-foot strip planter on that corner, or whatever is shown on the plan, at the time the land is actually taken. The best location for a monument sign would be on the corner and there is no land left. Ne would then have to redesign the layout to accommodate a monument sign. They are trying to avoid that by coming to Council now with this proposal. Councilman Daly. His goal is to try to beautify the boulevards in the City and one way is to ensure better looking signs when it is possible to do so. Exxon is remodeling the entire property and launching a whole new look at that corner. In so doing, he feels that they can accommodate a monument sign. Chester Bennett. The layout is not Exxon's. They have worked closely with staff and this is staff's layout and it was staff's recommendation. 612 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. They have closed two driveways, they have given 12 feet of land on each street and now to restrict them to a 7-foot high monument sign when they are located next to two major freeways with nothing left but a planter he feels at least a pole sign should be allowed. They do not want to replace the existing sign until the City takes the land and then want to put the smallest sign on a single pole that the City would allow. Paul Singer. The entire discussion has been centering around design of the intersection. He believes the sign can be accommodated on the site even after the intersection is widened to critical intersection standards and located in such a way to straddle the tanks if necessary. There is adequate space and it is mostly a matter of designing a monument sign that will fit those conditions. He does not think they can formulate a specific design at this hearing. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONM~NTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-245) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-245 for adoption, granting -Conditional Use Permit No. 3150 and that after the critical intersection dedication that the design layout is to accommodate a monument sign. Refer to Resolution Book. RESOLUTION NO. 89R-245: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3150. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution No. 89R-245 duly passed and adopted. 613 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989, 5;30 P,M, -- Councilwoman Kaywood voted no for the same reason relative to the oil spill in Alaska. Mayor Hunter. He suggested perhaps the Council should consider monument signs Gitywide and not Just in the commercial/recreation area of the City; Councilman Daly stated perhaps monuments signs should be standard with waivers possible when appropriate. 179; pUBLIC HEARING - VARIANCE NO. 3938 AND NEGATIVE DECLARATION: APPLICANT: OWNER: Gerald D. & Deborah M. Barnes 743 South Thrasher, Anaheim, CA 92807 AGENT: William R. Edwards Associates 234 E. 17th Street #205, Costa Mesa, CA 92627 LOCATION/REQUEST: The property is located at 7051 Aventda de Santiago; Waiver of maximum structural height to construct a single family dwelling. ZONING ADMINISTRATOR ACTION: Variance No. 3938 was approved by the Zoning Administrator, under Decision No. ZA89-26; approved EIR Negative Declaration. HEARING SET ON: A review of the Zoning Administrator's decision was requested by Councilwoman Kaywood and Councilman Pickler at the meeting of May 23, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 8, 1989. Posting of property June 7, 1989. Mailing to property owners within 300 feet - 3une 9, 1989. PLANNING STAFF INPUT: See Staff Report to the Zoning Administrator dated May 4, 1989. City Clerk Sohl announced that Council has received letter dated June 13, 1989 from Farano & Kieviet, attorneys, requesting a continuance of the public hearing due to the fact that the Council has not yet acted on the Scenic Corridor height ordinance. Mr. Dave Wtlkins, speaking on behalf of several residents in the area, they are asking that this public hearing and the following one relating to the same matter be continued to a night meeting. There being no further persons who wished to speak Councilman Hunter moved to continue the public hearing on Variance No. 3938 and Negative Declaration to Tuesday, August 1, 1989 at 6:00 p.m. Councilman Ehrle seconded the motion. MOTION CARRIED. 614 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P.M. 170/155; APPLICANT: PUBLIC HEARING - GRADING PLAN 1336 AND NEGATIVE DECLARATION: OWNER: Gerald D. & Deborah M. Barnes 743 South Thrasher, Anaheim, Ga. 92807 LOCATION/REQUEST: The property is located at 7051 Avenida de Santiago. The request i~ grading for construction of a single family home. STAFF ACTION: Grading Plan 1336 was approved by the City Engineer on May 8, 1989. HEARING SET ON: A letter of appeal of the City Engineer's decision was submitted by Dianne L. Wilkins, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin June 8, 1989. Posting of property June 7, 1989. Mailing to property owners within 300 feet - June 9, 1989. City Clerk Sohl announced that she has received a copy of a letter indicating withdrawal of the appeal of the Grading Plan from Dennis H. Wtlktns. Floyd Farano, Farano & Kieviet. They are not aware of exactly what the situation is. They have received a copy of a letter sent by Mr. Wilkins allegedly withdrawing their appeal of this item. He (Farano) passed a copy of that letter on to the City. He does not know where the original is. They were told it was going to be filed. City Attorney White. Since the appeal period expired and this meeting has been noticed as a hearing, the appeal cannot be withdrawn. He recommends this matter also be continued to August 1, 1989 at 6:00 p.m. Just as the previous issue involving the same property. Mayor Hunter asked if anyone was present to oppose the continuance of the public hearing to August 1, 1989: there was no response. Councilwoman Kaywood expressed concern that the City Engineer's approval would be simply on the safety of the structure, "but that there is no issue on visual and aesthetic impact in the approval or denial of parcel maps so long as they are properly designed from an Engineering standpoint." For years the Planning Department has been very careful relative to the aesthetic concerns of the Scenic Corridor. Both should be in accord. Councilman Pickler felt that Councilwoman Kaywood's concerns should be addressed at the time of the public hearing. 615 City Hall. Anaheim. California - COUNCIL MINUTES - June 20, 1999, 5;30 P.M, MOTION: Councilman Hunter moved to continue the public hearing on appeal of Grading Plan 1336 and Negative Declaration to Tuesday, August 1, 1989 at 6:00 p.m. Councilman Ehrle seconded the motion. MOTION CARRIED. 106/150: CONTINUED PUBLIC HEARING - 1989/90 RESOURCE ALLOCATION PLAN; To consider the 1989/91 Resource Allocation Plan (RAP) budget. Submitted were the following reports: Program Development & Audit (PD&A) dated June 20, 1989, subject: FY1989/90 Appropriation Limit, (2) PD&A - response to Chamber of Commerce Blue Ribbon Committee Report, (3) Community Services Board dated June 12, 1989, subject: Community Services Agency Funding FY1989/90 which included a booklet with data pertaining to all of the requests received by the Board for funding. Mayor Hunter opened the continued public hearing on the City's 1989/91 budget. June Lowry, Chairperson, Community Services Board (CSB). (See subject report from the CSB recommending the Community Services Agency Funding level for the FY1989/90 of $199,541 - and Community Services Agency Funding request comparison charts A, B, C and D, A being the recommended funding level budget recommendation). The 1989 Human Services Needs Assessment and priority needs identified in the Assessment serve as a cornerstone for the Board's funding recommendation. (See minutes of June 6, 1989 where the Human Needs Assessment and Action Plan was submitted and discussed and the Implementation Strategies approved by the Council). Last year the Council voted that the Community Services Agencies funding should be sunsetted over a 4-year period. Based on the City's Human Services Needs, the CSB is advising against that action. On the contrary, it is felt strongly by the Board that an increase in the amount of resources over last year's funding is needed to begin meeting the needs of the Assessment. With that in mind, speaking for the Board, she is recommending a funding level for FY1989/90 of $199,541. Due to the uncertainty of resources that may be available to the Community Services Agencies, they have submitted four funding proposals for Council consideration (A, B, G and D). The recommendation of the Board, funding level A in the amount of $199,541, was approved unanimously at the June 8, 1989 Board meeting. Mayor Hunter asked if anyone wished to speak. Ann Beaumont, West Anaheim Nursery School. It was her idea that their school apply for the subject funds. They were not granted any funds by the Board. Her presentation will offer some considerations and thoughts that might change the Council's mind. She then explained what their school provided and why, because of the service they provide to the Anaheim community, funds should be allocated through Community Services Agencies Funding, if not the full amount of $5,000, then a portion of the funding requested and subsequently a referral to private donors who may assist. 616 City Hall, Anaheim, California - COUNCIL MINUTES June 20, 1989, 5;30 P.M. June Lowry. West Anaheim Nursery School was asking the City of Anaheim to supply 15% of their budget. It is a Co-op Nursery School and they are asking for help for six students averaging out at $833 per student. Craig Robinson, Amparo. He first gave the background on the organization and the services provided. They were not granted any money this year although Amparo has been provided with Agency Funding over the last 8 years. Dannue Mayo, Golden Opportunity Youth Association. He was too late in submitting his application for funding to the Community Services Board. He explained the benefits provided by the program and the great need for his organization in the community. He urged the Council's support. (Mr. Mayo submitted his application and funding request - made a part of the record). There were no further persons who wished to speak to the 1989/90 Community Services Agency Funding recommendations. Councilman Ehrle. Last year the majority of the Council voted to sunset Community Services Agencies Funding. At this time, he would like to make a motion to rescind that action. In the past year, the Council has had an opportunity to visit many of the facilities to which funds are provided and to talk to the Directors and Board Members of the various organizations. From a professional and personal point of view, he knows how difficult it is to raise money to enable such organizations to survive. With over 240,000 now living in Anaheim, he feels that Council Members have a responsibility to support and give aid to those in need in the community. He does not believe in a hand-out but a helping hand. MOTION; Councilman Ehrle moved that the Council rescind its action taken on June 21, 1988 sunsetting Community Services Agency Funding. Councilwoman Kaywood seconded the motion. MOTION CARRIED. MOTION; Councilman Ehrle moved to approve the Community Services Board recommendation on Community Service Agencies Funding for 1989/90, in the amount of $200,000 (rounding off $199,451), proposal level A. Councilman Daly seconded the motion. Before action was taken, Councilwoman Kaywood recommended that on the two Agency requests where more money was recommended than requested (Feedback T.L.C. and Home Helping Hands) that the overage amount be allocated to the Villa which they have supported in the past years or a total of $7,029. 617 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M, June Lowry. The reason the subcommitteee did not fund the Villa, it was felt they were not cost effective and served a very small group of citizens in Anaheim and did not meet the Needs Assessment. The reason the other two organizations were funded at a higher level was for the precise purpose of helping the frail elderly which was recognized as a great need. Over 54,000 meals are being served by Feedback Foundation alone in the City of Anaheim just for the homebound under the frail elderly. If they are not additionally funded, there would be a waiting list starting in January. That was why the extra funds were allocated to Feedback Foundation and Home Helping Hands. After additional discussion between Councilwoman Kaywood and Chairperson Lowry, Councilwoman Kaywood withdrew her request. A vote was then taken on the foregoing motion, approving the Community Services Agencies Funding request level at $200,000 for the FY1989/90. CARRIED UNANIMOUSLY. MOTION Councilman Ehrle moved that the funding level for the Community Services Agencies for FY1990/91 also be set at $200,000 enabling the Community Services Board the opportunity of knowing the funding level that they will be working with to assist them in their deltbertations. Councilman Hunter seconded the motion. MOTION CARRIED UNANIMOUSLY. RESPONSE TO THE CHAMBER OF COMMERCE BLUE RIBBON COMMITTEE REPORT; See report entitled - Response to the Chamber of Commerce Blue Ribbon Committee Report - 1989/91 Resource Allocation Plan submitted under letter dated June 16, 1989 from the City Manager Incorporated as part of the report. The Blue Ribbon Committee Report on the 1989/91 City of Anaheim Resource Allocation Plan was presented at the Council meeting of June 13, 1989 where the report was presented and briefed by Mr. Chris Van Corder, Chairman of the Blue Ribbon Committee (see minutes that date). City Manager Simpson. Rather than review the report item by item, the report is being left with the G0uncil to read and analyze and to be discussed at a later time. As a general statement, administration takes no exception to the philosophy in the Chamber's report and intends to work with them in instituting a number of recommendations they have made. The one major area of departure is contained on Page 21 of the report. In the fall of 1987, the Chamber recommended and the City approve a "Rediscover Anaheim" program but there was lack of participation by the private sector. City Administration does not believe this is a rightful undertaking by government and is, therefore, not recommending inclusion of the progam in the 1989/90 Resource Allocation Plan. Councilman Pickler expressed his concern that two programs in the supplemental budget need to be a part of the budget - the graffiti removal program and reinstatement of the second pothole 618 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5:30 P,M, crew; Ken Stone, PD&A Manager stated that for FY1989/90, funding for the street and alley maintenance pothole crew is $147,467 and the graffiti removal package under Code Enforcement, $62,000 for a total of $209,467. City Manager Simpson. The Council can now receive public testimony on policy issues. Staff is subsequently prepared for a series of motions each dealing with a segment of the budget enhancement issues not included in the budget. The Council has three options as explained in his budget message. If the Council wishes to add items not presently funded in the budget, staff will come back with a recommendation that certain other items be deleted in order to keep the budget balanced or find some other way to fund those items. Mayor Hunter. He noted items A through N on the Council agenda which he assumed were all unfunded at this time. City Manager Simpson. He confirmed that was correct and they are all policy issues. If the Council wishes to fund those as a priority over items presented in the balanced budget, staff will have to remove other items from the budget to keep it balanced. Councilman Daly. There are 14 policy issues with the 15th being the Library matter - the funding for the Young Adult Librarian. If the Council wishes to fund those, it will be necessary to find the money somewhere in the current budget. He asked if there was a way for the Council to adopt the budget as presented and defer action on those 15 items. City Manager Simpson answered yes. Appropriations and adjustments can be made anytime throughout the fiscal year. What has been presented to the Council is a balanced budget based on the amount of money as nearly as can be predicted from known and predictable sources how much money the City will have to spend for the coming year. That is the only responsible way to present that budget to the Council. Therefore, if the Council wishes to move monies around, if something is added, something else has to go. One-of-a-kind monies are sometimes easier to find than ongoing monies. If the pothole crew is put back in the budget and is continued for the next fiscal year, that cost continues into 1990/91. The Council can adopt the budget and subsequently make adjustments through the fiscal year. Councilman Daly. He recommends that they ask the City Manager to compile the 15 policy issues and any other issues and bring recommendations to 619 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989. 5:30 P,M, the Council on a priority basis. He would like to see more staff work and further recommendations on all of those items. City Manager Simpson stated that relative to Item G (the sale of 20 acres of property to finance channel stabilization at the Hills Golf Course) that no action be taken on this item until such time as the EIR regarding that issue is completely closed. City Attorney, Jack White. Council may wish to defer action on Items A through N; however, beginning with Item O through the balance of the items (O through Z) the Council is still in a position to take action on those and some are necessary if not all in order to reach the balanced budget position. It would not be appropriate to defer action on items O through Z. Mayor Hunter asked to hear from anyone who wished to speak on the 1989/91 Resource Allocation Plan, Items A through N, as listed on the Council agenda (see agenda of June 27, 1989). Mr. Bill Ertckson, 301 East North Street. Relative to the second pothole crew, streets are a top priority and without the added crew, streets will come into disrepair. He is asking that the pothole crew be retained as a basic City service. There being no further persons who wished to speak, Mayor Hunter closed the public hearing on Items A through N. Councilwoman Kaywood. She recommended that the first $147,000 available be put into the pothole crew program which will save a great deal of money in the long term. MOTION; Councilman Hunter moved that the following items on Policy Issues A through N, including an added item to consider a Library request for retaining the Young Adult Librarian be referred to the City Manager for a report to the Council at a later date and that Item G, relative to the Council declaring its policy regarding the sale of 20 acres of property to finance channel stabilization at the Hills Golf Course be deferred until the EIR is concluded. Councilman Ehrle seconded the motion. A. That Council declare its policy regarding funding of Police Department supplemental package requests. (Page 28, R.A.P.) B. That Council declare its policy regarding funding of transportation improvement projects related to Vision 2000 efforts. (Page 37, R.A.P.) C. That Council declare its policy regarding funding Parks Maintenance supplemental package requests. (Page 39, R.A.P.) 620 City Hall, Anaheim. California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M, D. That Council declare its policy regarding funding recreation service level enhancements to address Vision 2000. (Page 40, R.A.P.) E. That Council declare its policy regarding funding Community Services enhancements to address Vision 2000, the department's own strategic plan, and the Human Needs Assessment Action Plan. (Page 41, R.A.P.) F. That Council declare its policy regarding funding Con~ention Center supplemental capital improvement requests. (Page 43, R.A.P.) G. That Council declare its policy regarding the sale of 20 acres of property to finance channel stabilization at the Hills Golf Course. (Page 45, R.A.P. - action on this item is to be deferred until the EIR is concluded) H. That Council declare its policy regarding funding of reserves for replacement and renewal at Anaheim Stadium. (Page 47, R.A.P.) I. That Council declare its policy regarding funding Street and Sidewalk supplemental packages. (Page 51, R.A.P.) J. That Council declare its policy regarding funding the addition of a growth management element to the General Plan. (Page 53, R.A.P.) K. That Council declare its policy regarding funding increased city wide graffiti removal. (Page 55, R.A.P.) L. That Council declare its policy regarding changing from reactive to proactive code enforcement and funding same. (Page 55, R.A.P.) M. That Council declare its policy regarding funding supplemental requests to enhance the City's productivity improvement and employee involvement activities. (Page 62, R.A.P.) N. That Council declare its policy regarding funding and additional safety improvement activities. (Page 62, R.A.P.) And an additional supplemental funding request that the Council declare its policy regarding funding for retaining the Young Adult Librarian position. MOTION CARRIED. Mayor Hunter asked if anyone wished to speak to Items O through Z as listed on the agenda (see Agenda dated June 27, 1989) relating to the 1989/91 RAP; there being no response, Mayor Hunter closed the public hearing on those items proposed in the budget. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-246 through 89R-256, both inclusive) 621 City Hall, Anaheim. California - COUNCIL MINUTES - June 20. 1989. 5:30 P.M. Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 89R-246 through 89R-256, both inclusive, for adoption (Items O through Y) approving proposed changes in fee schedules. Refer to Resolution Book. O. RESOLUTION NO, 89R-246: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING CERTAIN FEES IN CONNECTION WITH THE BUSINESS LICENSE TAX ORDINANCE. P. RESOLUTION NO, 89R-247: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES TO BE CHARGED BY THE PUBLIC WORKS-ENGINEERING DEPARTMENT OF THE CITY OF ANAHEIM. Q. RESOLUTION NO, 89R-248; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE PARK IN LIEU OF FEES FOR THE CITY OF ANAHEIM. R. RESOLUTION NO, 89R-249: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REVISING CERTAIN POLICIES AND FEES TO BE CHARGED FOR GITYWIDE PARK AND RECREATION PROGRAMS AND SERVICES AND ESTABLISHING JULY 1, 1989 AS THE EFFECTIVE DATE THEREOF. S, RESOLUTION NO. 89R-250: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES FOR PARKING AT THE ANAHEIM CONVENTION CENTER TO BE EFFECTIVE JULY 1, 1989. T, RESOLUTION NO, 89R-251: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING RATES TO BE CHARGED FOR LICENSING AND FOR CERTAIN LABOR, EQUIPMENT AND SERVICES AT ANAHEIM STADIUM. U, RESOLUTION NO, 89R-252: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING FEES PERTAINING TO SIDEWALK REPAIR. V, RESOLUTION NO. 89R-253: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE GREEN FEES AND CART RENTAL FEES TO BE CHARGED AT THE H. G. "DAD" MILLER ANAHEIM MUNICIPAL GOLF COURSE AND THE ANAHEIM HILLS GOLF COURSE. W, RESOLUTION NO. 89R-254: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADJUSTING DEVELOPMENT FEES ESTABLISHED PURSUANT TO CHAPTER 17.30 OF THE ANAHEIM MUNICIPAL CODE (INTERIM DEVELOPMENT FEES ANAHEIM STADIUM BUSINESS CENTER). X, RESOLUTION NO. 89R-255: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING AND MODIFYING FEES FOR PLANNING, ZONING AND LAND USE PETITIONS, PERMITS, APPROVALS AND APPEALS. Y, RESOLUTION NO. 89R-256: A RESOIJJTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NEW FEE SCHEDULE OF SANITATION CHARGES AND REPEALING RESOLUTION NO. 89R-85. 622 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 P,M, Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-246 through 89R-256, both inclusive, duly passed and adopted. MOTION; Councilman Pickler moved to approve the third amendment to the agreement for solid waste disposal with Consolidated Volume Transporters, Inc. Councilman Ehrle seconded the motion. MOTION CARRIED UNANIMOUSLY. City Manager Simpson. Relative to Items a. through d. as listed on the Council agenda (see agenda dated June 20, 1989) - compensation/classification changes, those items may be misleading. They are really for the purpose of adding job classes for management, AMEA and IBEW (Anaheim Municipal Employees Association and International Brotherhood of Electrical Workers) that are included in the RAP. The study by the consultant is still in process. The consultant has been asked to look at every classification and compensation issue. Each one is reviewed by him prior to being included in the budget. City Manager Simpson clarified for Councilman Daly that the four items were creating new classes due to the need for those new classes in the coming year. The proposed resolutions were not actually adopting rates for existing classes. Mayor Hunter asked to hear from anyone who wished to speak on the proposed compensation/classification changes; there being no response, he closed the public hearing on those items. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-257 through 89R-260, both inclusive, for adoption) Councilman Daly moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Daly offered Resolution Nos. 89R-257 through 89R-260, both inclusive, for adoption. Refer to Resolution Book. a. RESOLUTION NO, 89R-257: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-265 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESGINATED AS MIDDLE MANAGEMENT/SUPERVISORY. b, RESOLUTION NO, 89g-258; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 88R-266 WHICH ESTABLISHED RATES OF COMPENSATION FOR CLASSIFICATIONS DESGINATED AS PROFESSIONAL AND TECHNICAL MANAGEMENT. 623 City Hall, Anaheim, California - COUNCIL MINUTES June 20, 1989, 5;30 P.M. c. RESOLUTION NO. 89R-259; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 87R-510 WHICH ESTABLISHES RATES OF COMPENSATION FOR CLASSES ASSIGNED TO THE GENERAL CITY EMPLOYEES UNIT UNREPRESENTED BY THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION. d, RESOLUTION NO, 89R-260; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-334 FOR CLASSES ASSIGNED TO THE INTERATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 47 UNIT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL'MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-257 through 89R-260, both inclusive, duly passed and adopted. Before concluding, City Attorney White explained there was one additional item which was a carry-over from the previous week, although it was not listed on the printed agenda. The item was the adoption of a resolution on the Appropriations Limit for the fiscal year commencing July 1, 1989 and ending June 30, 1990. A calulation mathematical error was found in the amount adopted at that meeting. It would, therefore, be appropriate to waive the 72-hour posting provision of the Brow~n Act in order to act on the matter today to correct the error and convey the information immediately to the State. On motion by Councilman Hunter, seconded by Councilwoman Kaywood, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting, on Friday, June 16, 1989, at 3:40 p.m.; and consequently waived the Brow~ Act requirement relative to posting the item on the printed agenda. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-261) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-261 for adoption, amending nunc pro tunc the Appropriations Limit for the Fiscal Year commencing July 1, 1989 and ending June 30, 1990 to $121,733,958.00. Refer to Resolution Book. RESOLUTION NO, 89R-261; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1989/90. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None 624 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 p,M, The Mayor declared Resolution No. 89R-261 duly passed and adopted. The public hearing on the 1989/91 Resource Allocation Plan was closed. MOTION; Councilman Pickler moved to approve the recommendation of the Public Utilities Board relating to adoption of the Public Utilities portion of the 1989/90 Resource Allocation Plan (see memorandum dated June 2, 1989 from the Secretary of the Public Utilities Board). Councilwoman Kaywood seconded the motion. MOTION CARRIED UNANIMOUSLY. Councilman Pickler moved to adopt the Resource Allocation Plan for 1989/90 as amended. Councilman Ehrle seconded the motion. MOTION CARRIED UNANIMOUSLY. City Manager Simpson thanked staff for their fine work on the budget, especially Ron Rothschild, Administrative Services Director, and Ken Stone, Program Development & Audit Manager, and his staff. It was Mr. Stone's first budget on his own as Program Development & Audit Manager and he did an outstanding Job. The entire staff's approach to the budget was truly outstanding. They responded in a reasonable fashion and made some dramatic cuts in the budget which hurt but they did it and did it as expected. RECESS; By general consent, the Council recessed for ten minutes. (9:22 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (9:36 p.m.) 179: ITEMS BI - B4 FROM THE ZONING ADMINISTRATOR M~TING OF JUNE 1, 1989 - DECISION DATE; JUNE 6, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS JUNE 21, !989; B1. VARIANCE NO, 3957 AND NEGATIVE DECLARATION: OWNER: HARVEY DANCIGER D.P.M., 32 Belmonte, Irvine, CA 92720 AGENT: STEPHEN DAY & BILL ANGELL, 3920 E. Coronado Street, Suite E, Anaheim, CA 92806 LOCATION; 535 S. State Colleze Boulevard. State College & Chelse, Drive Waiver of minimum number of parking spaces to establish a doctors' office. PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR; Variance No. 3957 APPROVED by the Zoning Administrator (ZA89-37) to permit the use with seven spaces. Approved Negative Declaration. B2. VARIANCE NO. 3958 AND NEGATIVE DECLARATION: OWNER: CANNON-ANAHEIM PROPERTIES, LTS., A California Limited Partnership, 27406 Puerta Real #300, Mission VieJo, CA 92691 AGENT: DELGAR PARTNERS, 27405 Puerta Real, #300, Mission VieJo, CA 92691, Attn: Bob Garrison. LOCATION: 2891 East Miraloma Avenue. west of Red Gum 625 City Hall, Anaheim, California - COUNCIL MINUTES June 20, 1989, 5;30 P.M. Waiver of minimum number of parking spaces to construct a warehouse/distribution building. PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3958 APPROVED by the Zoning Administrator (ZA89-38) to permit the use with 151 spaces. Approved Negative Declaration. B3. VARIANCE NO, 3960 AND NEGATIVE DECLARATION: OWNER: WHIRLPOOL CORPORATION, 2000 M-63 North, Benton Harbor, MI, 49022 AGENT: GREER AND COMPANY, 2323 W. Lincoln Avenue, Suite 207, Anaheim, CA 92801 LOCATION; 917 E, Katella Avenue Waiver of minimum number of parking spaces to expand the office area of an existing industrial building. PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3960 APPROVED by the Zoning Administrator (ZA89-39) to permit the use with 249 parking spaces and subject to modified conditions. Approved Negative Declaration. The Zoning Administrator's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B4. VARIANCE NO. 3953, CATEGORICALLY EXEMPT. CLASS 5: OWNER: ROBERT BRAVO, et al 2451 W. Mall Avenue, Anaheim, CA 92804 LOCATION; 2451 West Mall Avenue, between Monument and Gilbert Streets Waiver of minimum front yard setback to construct a 2-story room addition. PROJECT AS APPROVED BY THE ZONING ADMINISTRATOR: Variance No. 3953 APPROVED by the Zoning Administrator to permit the room addition with a 20 ft. setback.(ZA89-40) Categorically exempt from the requirement to prepare an EIR. End of the Zoning Administrator Items. B5. CONDITIONAL USE PERMIT NO. 2713 - EXTENSION OF TIME: REQUESTED BY: LOUIS DRAPAC, HUTTON DEVELOPMENT CO., INC., 201 East Sandpotnte, Suite 300, Santa Aha, CA 92707-5750 LOCATION; Northwest corner of Orangewood Avenue and State College Boulevard, PETITIONER'S REOUEST: Petitioner requests a one-year extension of time for the implementation of the requirements of Conditional Use Permit No. 2713. STAFF RECOMMENDATION: That an extension of time be granted to expire on December 17, 1991, subject to satisfying existing Condition No. 27 of Resolution No. 626 City Hall, Anaheim, California - COUNCIL MINUTES - June 20. 1989, ~;30 p,M, 85R-537 within a period of 90 days from thSs date (by September 11, 1989), and adding a condition to the approval of subject use permit (No. 28 of Resolution No. 85R-537) regarding fees. Mr. Louis Drapac, Hutton Development. It is requested that the following sentence be added to the staff recommendation for Condition No. 28 - "Crediting for portions of said fee may be approved by the City Engineer for any eligible area-wide improvements." Annika Santalahtt, Zoning Administrator. Condition No. 28 is a new condition staff is recommending be added since other developers had to do it as well. Mr. Drapac called and noted there was an opportunity that crediting could be done. Staff has reviewed the wording Just discussed and has no problem in adding it to Item b. as listed in the staff report recommendation. Councilman Pickler moved to approve the requested extension of time in adding to staff recommendation (b) in the June 13, 1989 report - "Crediting for portions of said fee may be approved by the City Engineer for any eligible area-wide improvements." Councilman Ehrle seconded the motion. MOTION CARRIED. 179: ORDINANCE NOS. 5034 AND 5035 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 88-89-21, located at 327 South State College Boulevard, from the RS-7200 zone to the CL zone; and amending Title 18 to rezone property under Reclassification No. 88-89-13, located at 1032 North Acacia Street, from the RS-A-43,000 zone to the RM-2400 zone. WAIVER OF READING - ORDINANCES; The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5034 and 5035) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance Nos. 5034 and 5035 for adoption. Refer to Ordinance Book. ORDINANCE NO. ~0~4; AN ORDINANCE OF THE CITY OF ANA~EIMAMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. ORDINANCE NO. 5035; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNIGIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance Nos. 5034 and 5035 duly passed and adopted. 627 City Hall, Anaheim, California - COUNCIL MINUTES - June 20, 1989, 5;30 ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. 114/105; APPOINTMENTS TO CITY BOARDS & COMMISSIONS: Councilman Pickler recommended that annual appointments or reappointments to City Boards and Commissions as well as pending vacancies be considered at the Council meeting of July 25, 1989 when a full Council is expected to be present. By general Council consensus, it was determined that the subject appointments and reappointments would be considered at the July 25, 1989 Council meeting as suggested. ADJOURNMENT~ Councilman Hunter moved to adjourn. Councilman Ehrle seconded the motion. MOTION CARRIED. (9:40 p.m.) LEONORA N. SOHL, CITY CLERK 628