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1986/04/15City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRE SENT AB SENT: PRESENT COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth (Councilman Overholt entered at 11:14 a.m.) COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti CODE ENFORCEMENT OFFICER: Richard D. LaRochelle SENIOR REAL PROPERTY AGENT: Richard J. Santo FINANCE DIRECTOR: George Ferrone INTERGOVERNMENTAL RELATIONS OFFICER: Bill Sell Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Pastor Holland Lewis, First Nazarene Church, gave the Invocation. FLAG SALUTE: Council Member Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - MISS ANAHEIM/U.S.A: Mrs. Fran Mauck presented and introduced to the Council the new Miss A~aheim/U.S.A., Margo Ann Aguirre. Mayor Roth greeted Miss Aguirre and on behalf of the Council and the City congratulated her on winning the Miss Anaheim/U.S.A. title. He then presented her with roses and wished her the very best in the subsequent competitions leading to the Miss U.S.A. Pageant. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Roth and authorized by the City Council: Day of the Teacher in Anaheim, April 15, 1986, Week of the Young Child in Anaheim, April 20-26, 1986, National Day of Prayer in Anaheim, May 1, 1986. Mr. Don Liebhart, Assistant Superintendent of the AUHSD accepted the Day of the Teacher proclamation. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was unanimously adopted by the City Council and presented to Harley Hesse upon his retirement from the City of Anaheim. Mr. Hesse began his employment with the City on September 18, 1950 in the Utilities Department. He is now the Supervisor of the Electrical Inspection Section of the Building Division. The Mayor and each Council Member personally congratulated Mr. Hesse commending him for is 35 years of dedicated service to the City of Anaheim. 249 100 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 1, 1986. Councilman Pickler seconded the motion. Councilman 0verholt was absent. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Pickler seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~3,883,982.40, in accordance with the 1985-86 Budget, were approved. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Bay, 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. 86R-137 through 86R-145, both inclusive, for adoption. Refer to Resolution Book. 1. 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 Antonio Saenz Dominguez for property damage sustained purportedly due to actions of the City on or about January 13, 1986. b. Claim submitted by David Hough for bodily injury and property damage sustained purportedly due to actions of the City on or about December 6, 1985. c. Claim submitted by Ruth McAlpine for bodily injury sustained purportedly due to actions of the City on or about December 22, 1985. d. Claim submitted by Cora Honeycutt for property damage sustained purportedly due to actions of the City on or about January 26, 1986. e. Claim submitted by Kathleen Anne McTaggart for property damage sustained purportedly due to actions of the City on or about January 31, 1986. f. Claim submitted by Michelle Presetti for bodily injury sustained purportedly due to actions of the City on or about February 18, 1986. g. Claim submitted by Robert E. Wolfe for property damage sustained purportedly due to actions of the City on or about February 10, 1986. h. Claim submitted by Patricia Smalley for Amber Smalley (a minor) for bodily injury sustained purportedly due to actions of the City on or about December 27, 1985. 250 9,7 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. i. Claim submitted by Mr. & Mrs. Phil Freda for property damage sustained purportedly due to actions of the City on or about January 12, 1986. j. Claim submitted by Kathleen Mills for wrongful death of Scott L. Mills sustained purportedly due to actions of the City on or about January 30, 1986. k. Claim submitted by California Fasteners Inc. for property damage sustained purportedly due to actions of the City on or about February 18, 1986. 1. Claim submitted by Deborah Jean McCullough for bodily injury and property damage sustained purportedly due to actions of the City on or about January 24, 1986. m. Claim submitted by Tom Jensen for property damage sustained purportedly due to actions of the City on or about February 6, 1986. n. Claim submitted by Celynn Dee Dare for bodily injury sustained purportedly due to actions of the City on or about January 17, 1986. o. Claim submitted by Hamid Kharrat for bodily injury sustained purportedly due to actions of the City on or about February 25, 1986. Claims filed against the City - Recommended to be Accepted: p. Claim submitted by Robert C. Stindt for property damage sustained due to actions of the City on or about February 1, 1986. q. Claim submitted by Stephenie L. Dreisbach for property damage sustained due to actions of the City on or about December 10, 1985. r. Claim submitted by Allstate Insurance Company (Bernice Meyer, Insured) for property damage sustained due to actions of the City on or about February 18, 1986. s. Claim submitted by Susan C. Fitzgerald for property damage sustained due to actions of the City on or about January 14, 1986. 2. Receiving and filing the following correspondence: (on file) b. 156: Police Department, Fourth Quarter Crime Analysis, 1985. 3. 128: Receiving and filing the Monthly Financial Analysis for the eight months ended February 28, 1986. 4. 139: Opposing AB 4117 (Moore) relating to retail sales and authorizing the Mayor to communicate said position to the State elected officials representing the City. 5. 139: Opposing AB 4146 (Moore) relating to off-sale beer or wine retail sales in gas stations and authorizing the Mayor to communicate said position to the State elected officials representing the City. 251 95' City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. 6. 139: Opposing AB 4367 (Cortese) relating to modification of the Community Redevelopment Law and authorizing the Mayor to communicate said position to the State elected officials representing the City. 7. 139: Opposing SB 2522 (Maddy) relating to limitations on local government restrictions on sale of off-sale beer and wine and authorizing the Mayor to communicate said position to the State elected official representing the City. 8. 153: Receiving and filing the Affirmative Action Action Report for 1985. 9. 123: Authorizing a Second Amendment to an agreement with Don Poff for operation of the pro shop concession at Anaheim Hills Public Golf Course, and the expanded driving range, with payment to the Pro in an amount not to exceed $7,000 per year, which includes 20% of up to $10,000 net profit, 15% additional from ~10,000 - $20,000 net profit and 10% additional of ~20,000 net profit and above, effective April 1, 1986. 10. 167: Directing the City Clerk to advertise the Request for Proposals for the Design of the South Central Signal Improvement Project and the Anaheim Signal Modification Project, in accordance with Federal requirements. 11. 164: Authorizing Agreements Nos. D86-032, D86-036 and D86-074 with the County of Orange, at an estimated cost to the City of ~9,372 for the County to adjust to grade City-owned water valve boxes and sanitary sewer manhole covers located on County streets being resurfaced by County administered contracts. 12. 169: Authorizing an extension of time to July 1, 1985 and assessment of liquidated damages for 24 days in the amount of ~2,400 for Vintage Lane Street, Storm Drain, Water, Masonry Sound Wall and Landscape Improvements, Account No. 46-792-6325-E2840, Kershaw Construction, contractor. 13. 164: Authorizing an extension of time to February 10, 1985 and assessment of liquidated damages for 42 days in the amount of $9,282 for the construction of 0rangewood Avenue Storm Drain Improvements, Account No. 25-791-6325-E1440, Buntich Construction Company, contractor. 14. 159: Authorizing substitution of Sadler Roofing Company for Stout Roofing, Inc., and Queen City Glass Company for Buena Park Glass and Mirror Company as subcontractors in connection with the Maintenance Centralization Project, Account No. 75-936-6325, Whiting-Turner Contracting Company, General Contractor. 15. 165: RESOLUTION NO. 86R-137: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (1985-86 Alley Improvement, West Anaheim, Account No. 24-793-6325-E3030; and opening, of bids on May 15, 1986, 2:00 p.m.) 16. 164: RESOLUTION NO. 86R-138: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCEANDNECESSITY REQUIRE THE CONSTRUCTIONAND COMPLETION OF A PUBLIC WORK. (Citron Street 252 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Storm Drain Improvement, Chartres Street to Lincoln Avenue, Account No. 25-791-6325-E1520; and opening of bids on May 15, 1986, 2:00 p.m.) 17. 169: RESOLUTION NO. 86R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Olive Street Street Improvement, Broadway to Santa Aha Street, Account No. 25-793-6325-E3020; and opening of bids on May 15, 1986, 2:00 p.m.) 18. 169: RESOLUTION NO. 86R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (BLAIR PAVING, INC.) (Blair Paving in the amount of ~420,424.89 for Kraemer Boulevard Street Improvement, Account Nos. 46-793-6325-E3770 and 51-484-6993-00710) 19. 169: RESOLUTION NO. 86R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (JOHN T. MALLOY) (John T. Malloy in the amount of $638,384 for Broadway Street and Storm Drain Improvement, Account Nos. 12-791-6325-E1460 and 51-484-6993-00732) 20. 153: RESOLUTION NO. 86R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 86R-103, NUNC PRO TUNC. (Amending Resolution No. 86R-103, nunc pro tunc, to correct the classification to read "Golf Course Worker") 21. 104: RESOLUTION NO. 86R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN IMPROVEMENTS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931. (for proposed Street Lighting Assessment District No. 1985-1 comprised of property abutting the alleys on Ninth Street and Walnut Street and Cerritos Avenue and Audre Drive, in Tract Nos. 1647, 3278 and 3301) 104: RESOLUTION NO. 86R-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE, REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS. (improvements to be made over a five-year period commencing on or about July 1, 1987; and setting May 6, 1986, 1:30 p.m., as date and time to hear protests) 22. 158: RESOLUTION NO. 86R-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. 23. 123/152: Authorizing the Finance and Maintenance Directors to enter into an agreement with Grigsby, Brandford and Co., Inc., to provide financing in the amount of $1,020,139 for the term of five years for the lease/purchase of five Emergency One triple combination fire pumpers, Lease No. 040186. Roll Call Vote: 253 City Hall, Anaheim, California - COUNCIL MINUTES - April 15~ 1986~ 10:00 A.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The ~ayor declared Resolution Nos. 86R-137 through 85R-145, both inclusive, duly passed and adopted. End of Consent Calendar. Councilman Overholt was absent. MOTION CARRIED. 175: APPLICATION NO. 86-03-058 FILED BY SOUTHERN CALIFORNIA GAS COMPANY: Before the Public Utilities Commission, Application No. 86-03-058, Southern California Gas Company Notice to Customers of Filing of Application and Public Hearing to increase retail rates by $99.424 million. Councilman Bay recommended that the Council oppose the application since it would impose a 5.7 percent increase on residential natural gas bills. Southern California Gas had received permission from the Public Utilities Commission to heavily reduce their rates to their larger customers to try to stop electrical generators from converting to low price oil. While he did not. have a problem with that, the move was to make up that loss on residential, commercial and industrial uses to which he was opposed. MOTION: Councilman Bay moved to send a letter from the City Council signed by the Mayor to the Public Utilities Commission in opposition to the proposed rate increase. Councilman Pickier seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 139: AB3627 - BRADLEY - SUPPORT OF RAILROAD CROSSING LEGISLATION: City Manager William Talley referre'd to memorandum dated April 14, 1986 from the Intergovernmental Relations Officer recommending support of AB3627 (Bradley) and communicating that position to the City's elected representatives in Sacramento. Due to time constraints, it was necessary to take action on the matter today. The action related to Council discussion at the April 8, 1986 meeting wherein a request was made that staff promote legislation so that cities would have the ability to affect necessary repairs at railroad crossings (see minutes that date). As noted in Mr. Sell's memo, AB3627 would authorize local agencies to declare that heavily traveled crossings are problem sites, and would require, upon making such a declaration, a request that conditions be corrected. MOTION: Councilman Bay moved to support AB3627 (Bradley) and that the position of support be communicated to the City's elected representatives in Sacramento. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 123: LITIGATION MANAGEMENT AND FILE INDEXING SYSTEM SERVICES - CYCOM DATA SYSTEMS: Councilwoman Kaywood moved to waive Council Policy No. 401 and authorize an agreement with CYCOM Data Systems, Inc., in an amount not to exceed $19,600, to develop and implement a litigation management and file indexing system in the City Attorney's Office, as recommended in memorandum 254 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. dated April 8, 1986 from the City Attorney's Office. Councilman Bay seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 108: REVOCATION OF PERMITS - TENDER TOUCH MASSAGE PARLOR AND INDIVIDUAL MASSAGE TECHNICIAN PERMIT: Councilman Roth moved to continue consideration of the revocation of permits issued pursuant to Section 4.29.160 of the Code for the Tender Touch Massage Parlor, 219 South State College Boulevard, and individual Massage Technician Permit of Marie Tu Thi Nguyen for one week (April 22, 1986) as recommended in memorandum dated April 10, 1986 from the City Attorney's Office. Councilman Pickler seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 114: STATUS OF STREET NAME CHANGE - A PORTION OF CLAUDINA STREET TO BE CHANGED TO 42ND STREET: Councilwoman Kaywood asked the status of the subject street name change previously authorized by the Council but not yet visibly changed. It was noted that the name change was in progress, and that all documentation was complete. 114: NO SMOKING ORDINANCE - NOTIFICATION OF BUSINESSES: Councilwoman Kaywood wanted to know how businesses in Anaheim were being notified of the adoption of the No Smoking Ordinance. She asked that a report be submitted. 114: TRAFFIC TIE-UP AT THE HILTON HOTEL/CONVENTION CENTER: Councilwoman Kaywood reported on her attendance at the American Society for Public Administration (ASPA) on Sunday, April 13, 1986 at the Marriott Hotel. Yesterday morning at 7:30 a.m., Arthur Laffer was speaking at the same time that 4,000 women were converging on the Hilton Hotel for the 14th Annual Conference on Women. There was a complete traffic tie-up and a light was also out somewhere. She asked if the City's Event Traffic Coordinator was on line at this time. City Manager Talley stated if Councilwoman Kaywood was speaking about the massive traffic tie-up yesterday, a traffic coordinator was on duty. There was a break down on the gate at the Hilton Parking structure and the Hilton subsequently requested, and staff erroneously agreed to allow the Hilton to process all cars at a very slow rate until their structure was full. The Hilton had been given direction by his office that such a situation is never to occur again. The City's first goal is to maintain traffic flow. If the private operator cannot service their clientele, the City will direct traffic to other areas immediately. 114: EASTERN/FOOTHILL CORRIDOR JOINT POWERS AUTHORITY MEETING: Councilman Bay reported on his and Councilman Pickler's attendance at the Thursday, April 10, 1986 meeting of the subject Authority. The ~25,000 assessment per voting member was approved unanimously by those present. With that motion was a statement of intent that if legislation was approved which would allow the use of fee money for administrative costs, then the $25,000 assessment would be returned to the City from which it came. 114: PARAMEDIC FEES: Councilman Pickler asked that a report be submitted to the Council from staff on the paramedic fee process and how it was going to be handled this year. He had received many calls on the paramedic fee. His 255 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. concern was relative to the fact that the same fee was charged for both residences and businesses as well as the feeling by the people who paid the $24.00 voluntarily in November covered the period through November of 1986 and not only until July, 1986. City Manager Talley explained the intent was to include the paramedic billing in the July and August utilities billing cycle. If the Council was contemplating any change, it should be discussed now. Last year notices were sent out that the City was going to be billing in the September-October billing but the City was unable to do so until after November. The bills were all retroactive to July 1, 1985 in accordance with the current ordinance. He did not feel that bills should be sent out unless a majority of the Council directed staff to do so. If any changes were going to be made, staff would like to have as much lead time as possible. Council Members Kaywood, Roth and Bay gave input that they felt the whole issue had previously been discussed at great length and subsequently the current procedure agreed upon. 114/179: LAND USE - CANYON INDUSTRIAL AREA: Mayor Roth referred to memorandum dated April 7, 1986 from Norm Priest, Director of Community Development/Planning, reporting on the request of the Planning Commission that a Joint Meeting be held with the City Council to discuss land use changes in the canyon industrial area between Kraemer Boulevard and Imperial Highway with suggested meeting dates. Councilman Bay questioned the need for such a meeting since he thought the Council established a clear policy relative to land use in the subject area. Councilwoman Kaywood stated she saw a need for the meeting. What she and the Planning Commission saw happening was the construction of spec buildings with no tenant in mind. Subsequently, all of the industrial land would be gone and only commercial/office use established on the property. Councilman Bay stated he would have to hear that from staff since the Council delegated a great deal of authority to staff on those individual mixed high-tech office structures allowed in the area. He assumed the leases and tenants have been approved by staff under the guidelines established by the Council to assure that the City maintained the high-tech industrial development in that area. He only heard something about rents going up and he did not know what that had to do with the situation at all. Councilwoman Kaywood emphasized that the area was changing from industrial to commercial office use and that was a higher rental, and why businesses were locating in that area. Mr. Priest confirmed that the rents were going up. He also explained the request was not a crisis situation. Speaking for the Commission, the proposal was made from the perspective that if the Planning Commission was on one track and the Council on another relative to uses that were compatible with the industrial area, that should be dialogued. 256 City Hall, Anaheim, California- COUNCIL MINUTES- April 15, 1986, 10:00 A.M. Councilman Bay reiterated that he had not been given any examples whatsoever of developments being established in that area where people were leasing and starting a function that also encouraged customers from outside into the area. He had no problem meeting with the Planning Commission but wanted to know why they were meeting. Mr. Priest stated he believed those examples could be provided and subsequently the Council could take another look at the matter. After further Council discussion relative to the possible scheduling and/or need for all five Council Members to meet with the Planning Commission, it was determined that the item be placed on the April 22, 1986 Council Agenda for decision. 108/142/162: REQUEST TO AMEND STREET VENDING ORDINANCE: Jose Luis Bucio, President, and Pedro Vasquez, Secretary, Union de Comerciantes Latinos, requesting amendments to Ordinance No. 4615 which regulates street vending. This matter was continued from the meeting of March 18, 1986, to this date. Submitted was reported dated April 2, 1986 from the Community Development and Planning Department, recommending that the Council review the two options listed in the report, Option No. 1 starting on Page 4 and Option No. 2 starting on Page 5 (report on file in the City Clerk's Office). Norm Priest, Director of Community Development/Planning, then briefed the extensive staff report which covered a discussion of the present Code, complaints received, citations issued since November 1, 1985 and information on how vendors were licensed and regulated in other southern California cities. Option No. 1 provides that the Council take no action to either repeal or amend the present Code section relative to the retailing of merchandise from parked vehicles. Option No. 2 provides that the Council repeal the present Code section and adopt an ordinance to allow for limited vending on all public streets but that the conditions listed on Page 5 and 6 of the report (19) be incorporated as a part of the ordinance. Councilman Overholt entered the Council Chambers. (11:14 a.m.) The Mayor asked to hear from those in the audience who wished to give input on the issue. Mr. Len Spivak, property owner, Lynn Jeffrey area, 1524 Jeffrey. The two recommendations by staff were appropriate. He would like to see Option No. 1 approved by the Council. The area is in a very deteriorating situation. The property owners have met with representatives of the Code Enforcement and Police Department twice in the last year. Their number one concern after crime is trash and the street vendors. Since the vendor enforcement program has been in effect, there has been a tremendous improvement in the situation. He confirmed for the Mayor he was supportive of retaining the present ordinance as is. Option No. 2 was a good one but he understands Code Enforcement is so "stretched" in trying to upgrade the area they 257 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. do not have enough people to enforce the Code in connrction with the food vendors. Most City departments are closed after 5:00 p.m. and this is when most of the activity takes place. Other cities are banning vendors. Also, parking in the area is a severe problem under normal circumstances. He has seen three and four trucks, one behind the other, double parked on the curb. Robert Nava, Staff Specialist, Orange County Human Relations Commission. He was present with Mr. Bucio, the President of the Street Vendor's Association. Yesterday, the Los Angeles Times had a short story on the issue and it indicated as the union's position that the ordinance was motivated by racial overtones. He emphasized that is completely incorrect. That has never been the position of the Association. Mayor Roth interjected that he was glad Mr. Nava broached that point. It was not a racial problem, but an environmental one and a concern relative to the living environment in certain sections of the City. It was important to consider the living conditions in the problem areas which in some cases was marginal to begin with. Mr. Nava. Relative to the ordinance, the Association was the first to recommend that the Council reconsider the present practice. It does not seem to be in the best interest of the City nor the small business people to have an ordinance that allows a person to come into the City and start a business with only a $25.00 investment. The Association feels the problem can be best approached by regulating the number of vendors and conditions under which they continue their business. Based on the report submitted by staff, the Association feels that the second alternative, Option No. 2 is the most viable. Vendors had suggested that the cost of operating in the City be increased to $100 or $150.' That would regulate the number of people coming into the City to sell. Many vendors come into Anaheim from Los Angeles and Santa Ana because it is not costly. Since the last meeting with the Council on March 18, l~8§,'the Vendors had met with the AIP Board of Directors and during the two-hour discussion they appeared to agree on three items. The Street Vendors Association would impose a moratorium upon their own members not go into the apartment areas, the Chevy Chase or the Patrick Henry areas principally. They would talk to all their vendors and do everything possible to ensure they were not going into those areas and violating the ordinance. The AIP Board stated they would attempt to find a location in the 3-week interim where the vendors could have an open market to sell their vegetables and ice cream. The third point was, if necessary, a joint survey would be conducted of some of the apartment areas. Three members of the Association and AIP would poll the residents to ascertain their true feelings about the 258 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. situation. The Association also met several times with the president of the AIP Board and it has been doing everything possible to try to resolve the situation to show their good faith. The Association has demonstrated that they are able to work together. Under the status quo, or Option No. 1, an unlimited number of individuals can come into the City and the license fee is only $25.00. The Association feels if the Council is able to adopt Option No. 2 and pick several of the items that are realistic such as increasing the licensing fee, regulating the business hours, the hours music can be used etc. would be an important way of regulating the number of vendors in those areas. They would like to work with the Council or Code Enforcement to reach an agreement on which of the items should be incorporated in the drafting of a new ordinance (Mr. Nava then had the businessmen from the Association stand - there were approximately 20 present). Before concluding, Mr. Nava confirmed for Councilman Overholt that he has been assisting the Association as a staff person with the Orange County Human Relations Commission. His position at this time is the position of the Association. The Commission did take formal action to authorize staff to assist the Association. Their Commissioner, Dr. Ninburg, a resident of Anaheim, would have been present today to make the presentation but wasn't able to do so. The position he is sharing with the Council is the position of Dr. Ninburg and the Commission in allowing staff to continue to work with the Association to see if the issue could be resolved. He would submit a copy of the minutes of that meeting to the City Clerk as requested by Councilman Overholt. Council Members then posed questions to Mr. Nava during which he (Nava) pointed out that although the ordinance prohibits selling from parked vehicles on City streets, a lunch truck stops outside of City Hall but no citations are issued. That is part of the problem causing confusion with the vendors; Mr. Priest stated that vendor was subject to the same regulations and will be cited. Mr. Amin David, 522 East Central Park Avenue, Anaheim, representing Los Amigos of Orange County, a group of professional, community and business people. They are in support of Option No. 2 as well as a moratorium on the enforcement of the present Municipal Code to give an opportunity to the businessmen to prove that their agreement, pledge and self policingwritten commitment can be accomplished. Street vending is not new or unique to the latino community. The group took the concerns of the Code Enforcement Officer seriously and is willing to work with the City. 259 9O City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Mayor Roth asked for clarification that Mr. David was suggesting that Los Amigos recommends the adoption of alternate 2 but during the preparation of the ordinance that there be a moratorium on enforcement of the present ordinance allowing the street vendors to go back into the apartment areas. Mr. David acknowledged that was correct but with the understanding that the 19 items listed in the report would be adhered to and literally put to a test. However, the group would also like to have input into the creation of the new and final ordinance. Mr. Richard LaRochelle, Code Enforcement Officer, then reported for Councilman Bay that in the last 3 weeks 12 citations had been issued to street vendors and of those 12, one Association member was cited for being at the Anna Drive area. He confirmed that Code Enforcement staff had changed their hours since most complaints had been received as occurring after 5 p.m. The citations that were issued were from 4:00 p.m. on into the evening. Councilman Pickler felt that the City's present ordinance which had been in effect for 60 years was working well. There are a couple of areas in the City which were of concern not only to the City but the citizens. By allowing vendors to sell in those areas was only going to create more problems. He did not want to see the ordinance change. Councilman 0verholt pointed out, and Mr. Priest confirmed that, as stated in the staff report, staff could enforce the ordinance and adequately control the situation under either Option No. 1 or 2. After further discussion and questioning of staff members by the Council, Councilman Pickler moved that the City Council accept Option No. 1, thereby keeping the present ordinance in place with no changes. The motion eventually died for lack of a second. Councilman Bay stated he was not certain whether all the people opposed as well as those favoring street vendors had an opportunity to be heard. He felt that the issue warranted a formally advertised public hearing, which was an option the Council had previously discussed. MOTION: Councilman Bay moved to set a public hearing on the issue for Tuesday, May 13, 1986 at 1:30 p.m. Councilman Overholt seconded the motion Before a vote was taken, Mayor Roth questioned the issue of the request to lift the moratorium on enforcement of the present ordinance in the meantime. Councilwoman Kaywood stated she would be opposed. The Association may abide by the conditions set forth but there were so many vendors coming into the 260 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. City from the outside, she did not see how they could be made to abide by those rules. The question of how citizens would be notified of the public hearing was broached by the City Attorney. Since the hearing was not one legally required by law, there were no notification requirements. Councilman Bay felt that notice in the newspapers would be adequate; Councilwoman Kaywood suggested that AIP be notified of the hearing as well as the City's Neighborhood Councils. Before concluding, Councilman Overholt stated relative to Mr. David's suggestion, he would be opposed to that even after the public hearing. If present restrictions were eased, it would take some time to gear up to ensure that the ordinance would be complied with. He would be opposed to any kind of moratorium on enforcement when the Council finally makes its decision after an intelligent and deliberate consideration of the matter following the public hearing. A vote was then taken on the foregoing motion. MOTION CARRIED. RECESS - CLOSED SESSION: Mayor Roth announced that a Closed Session would be held for the Council to confer with its attorney regarding: a. Pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, O.C. Superior Court Case No. 40 92 46. b. To consider Personnel matters - Government Code Section 54957. c. To consider a matter which is a significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1). d. To confer with the City's designated representative concerning labor relations matters (Government Code Section 54956.9) Councilman Roth moved to recess into Closed Session and a lunch break. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:12 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Councilman 0verholt. (2:15 p.m.) 121: CONDEMNATION HEARING - BANKAMERICA CORPORATION: To consider the acquisition of property owned by Bankamerica Corporation, generally located at the southeast corner of Broadway and Harbor Boulevard. Submitted was report dated March 21, 1986 from the City Engineer, recommending that the City proceed with the said condemnation action. Mr. Richard Santo, Senior Real Property Agent, reported that the matter had been settled with the Bankamerica Corporation through negotiation and all the necessary documentation had been signed. 261 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. City Attorney Jack White confirmed for the Mayor that the only action necessary would be a motion to remove the item from the agenda. MOTION: Councilman Bay moved that the condemnation hearing be removed from the Council agenda since the matter had been settled and the hearing was no longer necessary. Councilwoman Kaywood seconded the motion. Councilman Overholt was absent. MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2756 AND NEGATIVE DECLARATI ON: APPLICANT: Orange County Steel Salvage, Inc., 3200 East Frontera Road, Anaheim, Ca. 92806 ZONING/LOCATION/REQUEST: To permit temporary outdoor storage of shredder waste and dismantled automobiles on RS-A-43,000 zoned property located at 3200 East Frontera Road. PLANNING COMMISSION ACTION: Resolution PC86-32 denied Conditional Use Permit No. 2756 and denied an EIR - negative declaration status for the project. HEARING SET ON: Appealed by George Adams, Orange County Steel Salvage. This matter was continued from the meeting of March 18, 1986, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 6, 1986. Posting of property March 7, 1986. Mailing to property owners within 300 feet - March 7, 1986. PLANNING STAFF INPUT: See Planning Department Staff Report to the Planning Commission dated January 20, 1986 and report of the City Attorney dated March 14, 1986, recommending that the City continue to cooperate with the Department of Health Services (DHS) and other agencies in seeking to remove the hazardous waste. APPLICANT'S §TATEMENT: Philip Anthony repre~enting 0range County Steel Salvage. He referred to report dated April 10, 1986 received from ICF Northwest entitled "Evaluation of Potential Groundwater Quality Impacts from Disposal of Auto Shredder Fluff in the Olinda land fill" attached to letter dated April 15, 1986 from the President of Orange County Steel Salvage, George Adams. The report and study was a highly technical one and a scientific analysis of the hydrogeological study which concluded that it would take 6,000 to 300,000 years for the migration of metal into a land fill. It was the scientific evidence that Orange County Steel Salvage has been developing in the procedure outlined by SB976 and the data they wanted to present to the Regional Water Board hoping to convince them to allow the waste to be sent to an ordinary land fill and disposed of in the immediate future. The report has been submitted to the Regional Water Board, the 262 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. County and the State. Their consultants will be following up on the matter in the next few days. Hopefully it would lead to a report from the staff of the Water Board to the Board in the next month or so which could lead to a conclusion on where to put the shredder waste. On the more critical issue of the PCB's, they have kept in close contact with the Environmental Protection Agency (EPA) and State Department of Health. The entire matter has been referred back to the EPA in Washington D.C. because the appliance issue is a nationwide problem. There has also been one visit to the site from an independent company who did an evaluation of the shredder waste. Since the hearing, they have shredded no appliances and do not intend to do so until the situation is resolved. The only shredding that has been been done on a limited basis since the last hearing has been auto bodies. COUNCIL CONCERNS: Mayor Roth. It was difficult for him to make any decisions on the issue without having input from the Water Board on the report submitted. Councilman Bay. He is also looking for a time frame when the Council will have a response to the new and dramatic study that had been conducted which he assumed will affect land fill decisions all over the State since it may allow many items to be dumped into land fills without the need for a clay liner in that land fill. Mayor Roth. He recommended that the item be continued and that the Council write a letter to the Water Board asking them to reply as quickly as possible so that the Council could make an informed decision on the future of Orange County Steel Salvage. Councilman Pickler. He still has a concern and feels that Orange County Steel Salvage should stop shredding entirely until the Council received something telling them that the material was not hazardous. The shredded waste pile was growing higher every day. He could agree with a continuance if the shredding was stopped in the meantime. MOTION: Councilman Roth moved that the hearing on Conditional Use Permit No. 2756 be continued to May 20, 1986 at 1:30 p.m. and that a strongly-worded letter be sent to the Santa Aha Regional Water Quality Control Board emphasizing the position that the Council is in and asking that the report submitted be considered and a decision forthcoming with a recommendation to the City Council. Councilman Bay seconded the motion. Before a vote was taken, Mayor Roth asked if anyone else was present to speak to the issue; no one was present. 263 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. A vote was then taken on the foregoing motion. Councilman Pickler voted no. Councilman Overholt was absent. MOTION CARRIED. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2761AND NEGATIVE DECLARATION: APPLICANT: Jack H. Bennett, et al. 1230 South West Street Anaheim Calif 92802 ZONING/LOCATION/REQUEST: CR zoned property located at 1230 South West Street, the proposal is to permit a fast-food and dinner house complex, with Code waivers of minimum landscaped setback and minimum number of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC86-48 approved Conditional Use Permit No. 2761, with waiver on minimum landscaped setback in part. HEARING SET ON: Request by Councilwoman Kaywood. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 3, 1986. Posting of property April 4, 1986. Mailing to property owners within 300 feet - April 4, 1986. PLANNING STAFF INPUT: See Staff Report dated February 19, 1986. APPLICANT'S STATEMENT: Roy Nunn, 31732 Rancho Viejo Road, San Juan Capistrano. Represents the developer for the project. Discussed the two waivers requested and indicated that the landscaped setback as proposed in their plans allows them to include some parking closer to the full service restaurant. It is possible for the plans to be revised to move the restaurant closer to the street and provide the landscaped setback but feels his proposal provides a better looking project. The area has heavy pedestrian traffic, many patrons will already be parked in this area before they come to this restaurant complex. He noted their parking study results which indicated the number of spaces to be adequate at 459 with reduction of the building size, and they have opted to reduce their building square footage. He explained this operation would not be a typical fast-food operation but a series of small and varied food shops centered around a large open courtyard, and two full service restaurants. PUBLIC DISCUSSION: IN FAVOR: Peter Nazaro, 1230 South West Street, Anaheim. Lease-holder of the subject property. He discussed the fact that the application for Conditional Use Permit was originally filed with Mr. Bennett's name but since then he has submitted notarized and 264 City Hall~ Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. recorded documents indicating himself as the lease-holder of the property. OPPOSED: None. EXHIBITS MATERIALS SUBMITTED: None. SPECIAL CONCERNS OF CITY COUNCIL MEMBERS: Councilwoman Kaywood noted that they intended to have live bands and entertainment and was concerned about the noise. Councilwoman Kaywood also inquired whether it would be prudent to require the applicant to post a bond for additional parking spaces should this become a problem in the future. Mr. Nunn explained the entertainment was to be a daytime activity and would not be of the nature to draw a large crowd, rather some small folk music or "oompah" type bands. The ambient noise level during daytime hours would exceed the noise generated by these musical groups. Annika Santalahti advised that the City Traffic Engineer did not think it necessary that a bond be posted against additional parking due to the type of use and the fact that a substantial number of customers would already be located in the area. CHANGES TO PROPOSAL AS A RESULT OF DISCUSSION/COUNCIL CONCERN: At the suggestion of City Attorney Jack White, the City Council added a condition indicating the Conditional Use Permit shall not be exercised until such time as the applicant submits proof verifying that the applicant is the authorized agent for purposes of submitting the application. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, 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. Councilman 0verholt absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-146 for adoption, approving Conditional Use Permit No. 2761, subject to the conditions recommended by the City Planning Commission, with additional condition as set forth by the City Attorney. RESOLUTION NO. 86R-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2761. 265 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth None Overholt The Mayor declared Resolution No. 86R-146 duly passed and adopted. CARRIED. 179: PUBLIC HEARING - VARIANCE NO. 3537 AND NEGATIVE DECLARATION: MOTION APPLICANT: Lena Trapani and Rudolph W. Blanchard, 1280 East La Palma Avenue Anaheim, Ca. 92805 ZONING/LOCATION/REQUEST: To construct a 10-unit apartment complex on proposed RM-1200 zoned property located at 1280 East La Palma Avenue, with the following Code waivers: (a) maximum structural height, (b) minimum landscaped setback, (c) minimum structural setback, (d) required type of parking spaces. PLANNING COMMISSION ACTION: Resolution No. PC86-51 granted Conditional Use Permit No. 3537, approved EIR - Negative Declaration. HEARING SET ON: Review of the Planning Commission's decision was requested by Councilwoman Kaywood. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 4, 1986. Posting of property April 3, 1986. Mailing to property owners within 300 feet - April 4, 1986. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated February 19, 1986. COUNCIL CONCERNS: Councilwoman Kaywood. She is concerned with the requested waivers of maximum structural height and with the 2-story building being at 47 feet and 48 feet from single-family zoning. Until a short time ago, the setback was 150 feet. When it was reduced to 50 feet, it was with the clear understanding that there would be no further waivers or benefits granted. She is very upset to see 150 feet reduced to 47 and 48 feet. APPLICANT'S STATEMENT AND ANSWERS TO QUESTIONS POSED BY COUNCILWOMAN KAYWOOD: Dr. Ronald Crowley, Developer. The property does not lend itself to a setback of 150 feet. They are building what is economically feasible on the property. None of the adjacent properties are at 150 feet but approximately 50 feet. Essentially, everything existing in that area has been built within 50 feet of R1 zoning. It would be unfair to impose new rules on this very small piece of property. 266 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Massoud Monshizadeh, co-partner of Dr. Crowley. The building is 50 and one-half feet from the south property line on the first floor of the structure. The distance is shorter from the second floor. The issue was extensively discussed at the Planning Commission hearing. The second floor is approximately 48 feet from the single-family zoning. It was designed this way to create a more interesting facade. PUBLIC INPUT IN FAVOR: Rudolph Blanchard, 515 Century Drive, owner (joint tenant). Improvement was needed in that area. The unit count was reduced from 10 units to nine because of a title error. The project should be approved. Mary Battling. She and her husband owned two lots in the area. She asked for clarification as to Councilwoman Kaywood's concern. (Councilwoman Kaywood reiterated her concern). Carl Zylstra, 714 Poplar Place (to the rear of the proposed project). He was opposed to any 2-story apartments. He would like to keep the maximum distance of the building away from his property or the 50 feet. Mr. Zylstra confirmed upon Council questioning that he did not want the whole building closer to him than it had to be. He would oppose the bottom story being closer than 50 feet but did not have a problem with the overhang making it 47 and 48 feet. He feels that the building would be more attractive with the overhang. COUNCIL ACTION: Mayor Roth closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Roth, 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. Councilman 0verholt was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 86R-147 for adoption, granting Variance No. 3537, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 86R-147: A RESOLUTION OF THE COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3537. Before a vote was taken, Councilwoman Kaywood expressed her strong concern over approving 2-story apartments closer than 50 feet to single-family 267 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. zoning. She was adamantly opposed, very concerned and to show her concern was going to leave the Council Chambers. She did remain in the Council Chambers however, in order to cast her no vote, and expressed disappointment that the Council had voted to approve the variance thereby allowing apartments less than 50 feet from single-family zoning. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: COUNCIL MEMBERS: Bay, Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: 0verholt The Mayor declared Resolution No. 86R-147 duly passed and adopted. RECESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session to discuss the balance of the items announced previously by the City Attorney. Councilman Pickler seconded the motion. Councilman Overholt was absent. MOTION CARRIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (4:11 p.m.) 156: FINANCING POLICY - POLICE 2000 PROJECT: Determining a financing policy for the Police 2000 Project; receiving and filing the Police 2000 Project report; awarding a contract for the Anaheim Police Department Communications Center; issuing a purchase order to the Anaheim Public Improvement Corporation (APIC) for the purchase of a computer aided dispatch and records management system for the Police Department and authorizing an agreement with Boyle Engineering to provide architectural design services for the construction of additional office space and remodeling of the main Police Department building. City Manager William Talley introduced and briefed the foregoing items (see the following reports - made a part of the record: (1) report dated April 15, 1986 from the Assistant City Manager Rom Bates, subject: Police 2000 Project - financing, (2) report dated March 31, 1986 from the Chief of Police, subject: Police 2000 Project, (3) report dated March 26, 1986 from the City Engineer recommending award of contract to A.R. Willinger Inc. for the construction of the Communications Center, (4) report dated March 28, 1986 from the Purchasing Agent recommending the issuance of a purchase order for computer aided dispatch and records management systems, (5) report dated March 31, 1986 from the Chief of Police recommending the execution of an agreement with Boyle Engineering for architectural design services for remodeling of the main Police Department building. In concluding, the City Manager stated that relative to the motion on the agreement to provide architectural services in the amount of $515,792, he did not believe the Council should authorize the expenditure unless they made a commitment that they were going to fund the work. Otherwise, it did not make sense to spend over one half million dollars on engineering for a project 268 City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. estimated to cost close to $7,000,000 unless the Council intended to do that. If the Council intended to proceed, the City would be spending the Certificates of Participation (COP) which would require the Council some time in the future to designate a revenue source to pay them off down stream. In the agreement with Boyle Engineering, they have a construction budget of approximately $6,805,000. Staff intended to request that the budget be reduced to $6,508,000 roughly in order to make the savings they had to achieve because of the $1,847,000 being spent for the Communications Center. He recommended that the Council not only approve the motions as indicated, adopt the resolution which would award the contract, authorize the Purchasing Agent to issue the purchase order, hut also authorize Boyle Engineering to proceed with the construction contract with the understanding that the Council has made a positive commitment for the construction and remodeling of the main building of the Police Department. Mayor Roth stated the decision to be made today was a difficult one as it was when the Council made the initial decision to go ahead with the Police 2000 Project last year. It was a sound investment and there was no question if the Anaheim Police Department was going to be No. 1, the program proposed should be instituted. What he found most difficult, however, was the proposal that in order to do so, taxes be increased and that those taxes be based on a utility tax or a user fee tax. He would like the project to be on a pay-as-you-go basis. He would have great difficulty trying to convince his constituents that a tax raise was in order at this time. City Manager Talley explained for Councilwoman Kaywood that the method of payment did not have to be determined at this time. Staff had given the Council their thinking on two alternatives that could be adopted. He pointed out first that only $200,000 was needed in 1987/88 but in 1988/89 they needed $1.9 million, and in 1989/90 through 1992/93 nearly $3,000,000 dropping back down to $2,000,000 for the rest of the time. In his opinion, Council should try to adopt some revenue source. Staff could then get that money in and start banking it so that during the $3,000,000 years, there was enough money in the bank to make the payments or if the money was borrowed from some other city fund, staff would know how it was going to be paid back. If the Council did not want to maintain its current level of investment in infrastructure, they c~uld reduce projects. Mr. Talley explained that the budget reflected revenue sharing as gone and the City was previously investing nearly all revenue sharing in infrastructure. It i~ planned to continue to do that with existing City resources meaning amongst other things, making a major reorganization of the management structure and a number of reductions in City services. Staff did not have the ability, in addition, to fund another approximately $2.2 million and absorb the losses of general revenue sharing. It was not possible to absorb over $5 million. Councilman Pickler stated the Council was at the point where they had to "bite the bullet." Controlling crime was the most prominent concern of the City's citizens. The cost of the project to the citizens was going to be minimal but it would be of great benefit in his opinion. 269 8O City Hall, Anaheim, California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Councilman Overholt asked for a more detailed explanation of the suggestion that the utility user fee of 3 percent would replace an administrative fee of 4 percent enabling the City to reduce its utility rates and still collect ~1.5 million. City Manager Talley answered that the cost to Anaheim would be ~1.5 million more. The City would also be charging for telephone services, a 3 percent utility tax and gas and cable T.V. would all increase 3 percent while the utilities that the City provided, electric and water, would be reduced by 1 percent net or 4 percent gross plus the 3 percent added on. Councilman Overholt stated he had committed to the project some time ago but not in specificity. As far as the financing policy, he would like to think about it further and perhaps get more detail as to how Alternatives 1 and 2 were going to impact the City. His initial reaction is that alternate 2 made a lot of sense. It would spread the base and put electric and water utilities in a better perspective. He would not be prepared to make that decision today but he was committed to go forward and had been committed since the Council approved the concept. Councilwoman Kaywood stated she did not see any alternative but to go forward. It was not possible today to function without the technology encompassed in the project. In order to implement the project, it was necessary to have the space in which to house it. By delaying, all that could happen was that the project was going cost the taxpayers more in the long run. There was no question as to the need. She would be prepared to go ahead with the understanding that the Council is making a commitment to come up with the money. Councilman 0verholt stated that delaying the method of finance would not cost more but delaying the project would. However, he wanted to see more than one paragraph of explanation relative to the impact of the user fee as an alternative. City Manager Talley stated that staff could come back with details and an ordinance in 60 days which would be about the time the Council would be getting into the 1986/87 Resource Allocation Plan. If Council agreed on alternative 2 they may also want staff to contact and get input from other interested parties in the City such as the Public Utilities Board and Chamber of Commerce so that they would not only know what the Council was thinking, but also the ordinance being proposed. Councilman Pickler stated that Alternative 2 was his preference and perhaps in 60 days some new ideas would be brought forward. Mayor Roth was interested in knowing what the impact was going to be on the average homeowner, small businessman or industrial user if the fees were imposed. Would it be $100 or $10 a month. It was necessary to get that information to know what the effect would be on the constituents; Mr. Talley stated that information could be provided in 8 weeks. 270 City Hall~ An-heim~ California - COUNCIL MINUTES - April 15, 1986, 10:00 A.M. Questions were then posed to staff by Councilman Bay which were answered by City Manager Talley and Finance Director George Ferrone. Councilman Bay then stated the issue was a long-term one involving an average of 52.2 million a year to make payments on the borrowing of the money to proceed with the project. A fee on the sanitation utility of 51/2 million a year was Just a tax increase to be paid by the people living in the City. The utility user fee dropping from 4 percent to 3 percent and then picking up new things such as cable television, natural gas, telephone and telegraph ending up with 51-1/2 million more was Just a new tax to be paid by the tax payers. The Council has borrowed and borrowed on certificates to do all the things they have been wanting to do building up at maturity to 5278,000,000 worth of certificates. They were now at the point, if they were going to spend any more of the certificate money, where it was necessary to raise taxes to make payments. The alternatives proposed were to reduce capital projects or services, raise taxes. He did not believe those were all the alternatives. He did not vote for the project or Certificates of Participation and did not agree with the rest of the Council that all of the expenditures planned were necessary. He was also totally opposed to any of the ideas on projected tax increases in the City. If the Council chose to approve, he would ask questions such as - were any of the "platinum triangle" fees planned to help pay for the certificates; where was the additional projected sales tax from the two auto centers allocated; the extra 51 million coming in for paramedic fees; the increases in sales tax and in room tax. He assumed those were all spoken for over the next 20 years, so that it was necessary for the City to raise taxes to make payments on something the majority of the Council felt was absolutely necessary to be done, and on a deficit spending basis. Other recommendations he would make were that the Council stop voting 6 and 1/2 percent annual raises to management and technical employees when inflation was below 3 percent. Looking at budget conditions in the City as of the end of February, it was also obvious that there was over budgeting across the operational departments. After additional Council discussion, Councilman Overholt complemented Mr. Talley and his staff and Police Chief Kennedy and his staff On the way in which they handled the matter. 156: MOTION: Councilman Overholt moved to continue the determination of a financing policy for the Police 2000 Project for 60 days and that staff submit more detailed alternate methods of financing. Councilman Pickler seconded the motion. Councilman Bay voted no. MOTION CARRIED. Councilman Overholt moved to receive and file the Police 2000 Project report. Councilman Pickler seconded the motion. Councilman Bay voted no. MOTION CARRIED. Councilman Overholt offered Resolution No. 86R-148 for adoption. Refer to Resolution Book. RES0I~TION NO. 86R-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (A. R. WILLINGER COMPANY, INC.) 271 City Hal]~ Anaheim, California - COUNCIL MINUTES - April 15~ 1986~ 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Kaywood, Overholt and Pickler Bay and Roth None The Mayor declared Resolution No. 86R-148 duly passed and adopted. 156: Councilman Overholt moved to authorize the Purchasing Agent to issue a purchase order to Anaheim Public Improvement Corporation in the amount of $2,389,504 for the purchase of a Computer Aided Dispatch and Records Management System (CAD/RMS) for the Police Department, in accordance with Bid No. A-0001. Councilman Pickler seconded the motion. Council Members Bay and Roth voted no. MOTION CARRIED. 156: MOTION: Councilman Overholt moved to authorize an agreement with Boyle Engineering Corporation, in the amount of $515,792 to provide architectural design services for the construction of additional office space and remodeling of the main Police Department Building. Councilman Pickler seconded the motion. Council Members Bay and Roth voted no. MOTION CARRIED. ADJOURNMENT: Councilman Roth moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (4:55 p.m.) LEONORAN. SOHL, CITY CLERK 272