Loading...
1993/05/04C£t¥ Hallt Anaheim, Californi& - COUNCIL MINUTES - MAY 4r 1993 - 2=00 P.M. The City Council of the City of Anaheim met in special session for a Joint Meeting with the Budget Advisory Commission. PRESENT: ABSENT: PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter (entered 3:07), Pickler, Simpson, Daly COUNCIL MEMBERS= None BUDGET ADVISORY: Shirley McCracken, Chairman, Ben Bay, Gina Beitler, Gene Brewer, Dick Clark, Lynne Pierson Doti, Dr. L. Kenneth Heuler, Jimmie Kennedy, Doug Leavenworth BUDGET ADVISORY: Ned Snavely CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl HUMAN RESOURCES DIRECTOR: Dave Morgan FINANCE/ADMINISTRATION MANAGER: Bill Sweeney Mayor Daly called the Special Meeting of May 4, 1993 to order at 2:10 p.m., for a Joint Meeting with the Budget Advisory Commission. City Manager James Ruth. It is a pleasure to bring both parties together today to get an overview of some of the accomplishments of the Commission and their recommendations to the Council as well as to get a sense of direction from the Council as to how to spend time and energy with fiscal problems. He thereupon introduced all members of the Budget Advisory Commission who were present. Shirley McCracken, Chairman, Budget Advisory Commission. The Commission appreciates the opportunity to meet with the Council. She then gave a summary of the Commission's activities since it was formed by the Council in September, 1991 up to the present time. After the overview, she concluded stating that the Commission has recommended that the Council extend for one more year the Utility User's Tax (UUT) with a sunset of September 30, 1994. The Commission is aware that the need to extend it beyond 1994 may exist and its position may need to be reconsidered at that time, depending on economic factors. State funding, intergovernmental activity in Sacramento particularly regarding the State budget and its effect on the City, privatization and the EMB (Executive Management Board) task force recommendations and the UUT have been examined by the Commission. City Manager Ruth then gave a brief summary relating to some of the recommendations of the Budget Advisory Commission since it was established noting and concluding that the Council has authorized many of the items to be implemented during the past year. Shirley McCracken. Their work is continuing. They plan to examine the impact of sunsetting the UUT. It is a divided issue among the Commission members. There is a need to continue their discussion of reserve policies and the discussion of their recommendations regarding the 1993/94 Budget will be paramount during the coming weeks. The Commission intends to examine the fiscal impact of the Disney expansion as well as the issue of long-term financial planning and restructure of financial revenue sources as there is a need to identify additional sources of revenue in order to continue to provide services the citizens of Anaheim expect and perhaps take for granted. The task is not a simple one, but a challenging one. She is certain other Commissioners have concerns and opinions they would like to express. 293 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 2:00 P.M. Mayor Daly. Before continuing, he announced that relative to handouts, about ten days to two weeks ago, the Council received the 1993/94 Annual Budget Summary dated April 21, 1993, a four-page document and budget schedules with a series of attachments. He wanted to be certain the Commissioners were working from the same material. City Manager Ruth explained that the Commission received the same package as the City Council. The purpose was not to get into finite discussions on the budget. Staff is meeting with the Commission tomorrow. Today is an opportunity to give the Council an overview, recommendations and concerns and anything the Council would like to share. (Commissioner Lynne Pierson Doti entered the Council Chamber at 2:55 p.m.; Council Member Hunter entered the Council Chamber at 3:07 p.m.) Extensive dialogue between the Commission and Council Members followed wherein all Commission members gave their input revolving around the items outlined on the agenda but mostly regarding the Utility User's Tax issue which, as Chairman McCracken had stated, is a divided issue as evidenced by the input received from Commission members. Other topics discussed with input, comments and questions by Council were relative to the amount of one-time monies available and how those might be spent, satisfying the expectations of the citizenry when budget dollars are unavailable, quality of life issues, privatization, the line item budget, return on investment of City's assets, services the City is providing now compared to 10 years ago, a clarification of the Budget Advisory Commission's role and the challenge presented with the upcoming 1993/94 budget. After the lengthy discussion and before concluding the joint meeting, the following were some actions requested: Council Member Hunter. The total of one-time monies that may be available to the General Fund. Mayor Daly. That staff and Commission look at the monies available in the City's three Mello-Roos Districts - if they would like to reallocate those monies, what would it take. He would like that issue addressed by staff in a staff report to the Council. Council Member Feldhaus. He would like to know how many restricted funds they have with money in them. Council Member Hunter - Re: The percentage of TOT (Transient Occupancy Tax) that goes to the Visitor and Convention Bureau. He believes the Bureau should have a flat budget vs. taking a percentage of the TOT. As they build more hotels, the coffers of the TOT increases. If the Bureau does not need all the money, that it go into the General Fund; Mayor Daly. He would like to go beyond the Visitor & Convention Budget and look at the entire Convention Center. (Council Member Simpson stated he would support that.) Commissioner Lynne Doti. In the beginning of their study of the budget process and possible ways to balance the budget, they looked closely at the biggest percentage of the budget, public safety needs. While Police and Fire have generously given up wages this year (increases) she feels there may be ways to make those areas more efficient. Further while she feels the Council is giving the message they do not want to cut overall in that area, it seems there still should be room for further 294 City Hallr Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 2:00 P.M. efficiencies. She would like to see that subject opened up again. Those departments are the best ones to come up with the ideas, but the Commission should suggest that they do that. Commissioner Doug Leavenworth. Referring to a statement made by the Mayor, the generalization about services being provided by the City not provided 10 years ago, he is interested in perhaps staff giving a report on services that are less than 10 years old or that have grown out of proportion to the growth of population during that time period; Council Member Simpson favored the suggestion if it did not involve a lot of staff work - what things the City is doing now it did not do 10 years ago. He believes in many cases they will find state mandated programs. Mayor Daly - re: Convention Center. He feels they need a cost benefit analysis of the difference in terms of revenue to City Government from the City's operation of the facility. As the City operates it today, it operates as a loser but it is justified because of the bed tax revenue received. It is a winner if the bed tax is included. He feels there would be significant bed tax revenues without the Convention Center and is sure the same economists who have looked at the Disney expansion and its financial impacts can look at the Convention Center. If 34 million dollars in bed tax is supposed to be coming in next year, how much of the 34 million comes from owning and operating a Convention Center; Council Member Pickler noted that it is necessary to look at sales tax figures as well. Shirley McCracken. Answering Council Member Simpson, the Council has given the Commission a great deal to work with. The six items they had are the direction they saw they needed to go. The Council added a few more and gave good input. She feels the immediate job is the current budget. Mayor Daly. He asked if the Council was comfortable with Commissioner Doti's recommendation about further analysis of the Police and Fire Budget since they represent about 55% of the budget or approximately 75 million dollars for the two departments; there was no opposition to the recommendation. Council Member Pickler. He suggested that they again meet with the Budget Advisory Commission on May 25 perhaps starting at 1:30 p.m.; Mayor Daly. He will ask Council to think about the possibility - meet with staff and see what schedules are like. The Commission may have its own scheduling needs. The Council will be getting a final report from the Commission around the first week in June. Mayor Daly thanked all the Commissioners for their time, the input they gave and the work they are doing. It is one of the most difficult assignments for a Commission to have at this time. ADJOURNMENT: By General Consent the special Council meeting of May 4, 1993 - a joint meeting the Budget Advisory Commission - was adjourned. (~:~ p.m.) LEONORA N. SOHL, CITY CLERK 295 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Feldhaus, Hunter (entered 3:07), Pickler, Simpson, Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti ASSOCIATE PLANNER: Debora Fank DEPUTY PLANNING DIRECTOR: Mary McCloskey A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:45 p.m. on April 30, 1993 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting of May 4, 1993 to order at 3:58 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: ao To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. b. To consider and take possible action upon personnel matters pursuant to Government Code Section 54957. c. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9 (b)(1). de To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in closed session. By general Consent, the Council recessed into Closed Session. (4:00 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (5:11 p.m.). INVOCATION: Reverend Michael Pallad, St. John the Baptist Greek Orthodox Church, gave the invocation. FLAG SALUTE: Council Member Bob Simpson led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - 1993 CINCO DE MAYO FIESTA QUEEN: Mr. Armando Diaz, Chairman of the Cinco de Mayo Fiesta Committee reported on the success of the annual fiesta held this past weekend in La Palma Park. He then introduced the Queen, Laura Gamos and First Runner Up, Lisa Fregoso. Mayor Daly and Council Members greeted Mrs. Gamos and Fregoso and the Queen was presented with roses. 296 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. Mr. Diaz then introduced representatives from the State of Cruz Azul who were present in the Chamber audience. Mr. Luis Barajas, Coordinator for Cultural Events - Cruz Azul. Speaking for the group, he expressed their pleasure in being able to visit Anaheim. They consider Anaheim as their sister city. Mr. Alvarez, Director General of Cruz Azul sends his best wishes and continued spirit of friendship. He then presented the members of the Committee from Cruz Azul. (Representatives presented gifts to the Council and staff members; several of the representatives were wearing native costumes.) The following were recognitions authorized by the City Council this date to be mailed or presented at another time: Correct Posture Month in Anaheim Chiropractic Wellness Week, May 9-15, 1993 ALS Awareness Month in Anaheim, May, 1993 FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,859,697.04 for the period ending April 30, 1993, in accordance with the 1992-93 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency, Housing Authority and the Public Financing Authority meetings. (5:25 p.m.) Mayor Daly reconvened the City Council meeting. (5:30 p.m.) ITEMS OF PUBLIC INTEREST: Sharon Ericson, President, AMEA (and employee of the Parks, Recreation and Community Services Department). She was present at the Budget Advisory Commission Joint meeting with the Council today. She was very concerned about some of the things she heard. She then briefed the Council on what has transpired in her department (Parks & Recreation) for the past three years due to budget cuts and constraints especially relative to playgrounds and the drastic cuts in park programs. She explained how the cuts will affect residents as well as the workers she represents in the Park Department by layoffs and reductions including the tree trimming crew. One crew is to be eliminated. There will also be reduction in the Data Processing Department. She expressed concern over the consequences of such reductions both for the city and the employees she represents. There will be increased customer complaints and a decrease in the quality of life. She remembers at election time when people were talking about quality of life, that meant kid~ could go to school without getting stopped and beat up and their bicycle stolen and that they could go to a playground and play without drugs getting pushed on them. It is important to maintain what few people they have left. They could put a police officer on every corner but the more programs taken away from children, the gangs gather them to their hearts and say they will be their family. She feels the City has its priorities mixed up. She hopes they can find a way to save the people who are going to lose their jobs because there are no other jobs for them. Carolyn Walters, 154 Jerrilee, Anaheim. She has been a resident of Anaheim for 29 years and during that time has seen a big decline in the quality of life in the City. She feels they are making a big mistake by contracting out. The quality, care and dedication is not there with contractors especially in 297 City Hall, ~nAheimr California - COUNCIL MINUTES - MAY 4r 1993 - 5100 P.M. times of emergency and disasters. She was present when the Utility tax was first discussed and she was for the tax. If that is what it takes, she believes everyone would like to pay a little to help everybody across the board. She also suggested that the people at the top take a 10% cut to help others to keep their jobs, family and life. Jeff Kirsch, 2661 W. Palais, Anaheim. Another element of perception, just as with quality of life, is the people's sense of control over their life. People need to get more empowered and make informed choices. Progress has been made but there had been problems with recent development agreements that have a significant impact on the future finances of the City. Another opportunity coming up is the Disneyland Westcot expansion. It would be a golden opportunity by providing the time and information to the taxpayers before the agreements are finally approved. It will give people a sense of participation and empowerment. Tim Hainline, South Resh Street, Anaheim City Employee. He was before the Council last year and he cannot believe they are going through the same thing again this year relative to the budget and the effect it is having on City employees. He has been with the City for 4 years and this may be his last. Me explained his dire family circumstances. He works at Pearson Park and is the eyes and ears of the park. They are giving up hard workers in the City. Nobody has to call him when there are emergencies. He just shows up. He asked the Council to open their hearts and think about the individuals involved. He may be the only one present, but is speaking for a lot of people who are scared to come forward. Rene Serrano, 1335 S. Petal Place, Anaheim. He referred to his request before the Council on April 6, 1993, where he submitted petitions requesting two additional stop signs at the intersection of Iris Street and Winston Road as well as creating a safe exit from his neighborhood as indicated on the petition (see minutes of April 6, 1993). The only answer he has been getting is that it cannot be done because of a State of California code. He referred to letter dated April 26, 1993 he received from the Director of Public Works, Gary Johnson. He again explained what he and the residents consider to be a hazardous situation and emphasized that the petition was not a request but a demand. After waiting a month for a reply, the answer is the same. He clarified for the Mayor he is asking the Council to overrule the professional staff in this matter. John Lower, Traffic and Transportation Manager. He drafted the letter for Mr. Johnson's signature. The letter offers Mr. Serrano the opportunity to come in and discuss the reasons for the denial. Generally the traffic volumes including pedestrian volumes are close to meeting the Caltrans guidelines for stop signs which require a minimum number of vehicles and pedestrians in an intersection over an 8 hour period. This request does not come close to meeting those guidelines. Mayor Daly. He suggested that Mr. Serrano meet with Mr. Lower since it is important for him to understand the guidelines. Rene Serrano. He understands there are certain guidelines. If he has a general consensus throughout the community for those stop signs, that to him is an analysis and professional expression of concern from the people. He is 298 City Hall, Anaheim, Callfornia - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. concerned that they have to go through a very tedious, bureaucratic process to get things done. He is declining the request to meet with staff. There are certain things people want in the community. The City Charter is drafted so that all the power rests with the City Council. He has come to realize that a centralized government within the City does no good for the communities. He would urge the communities to draft up a charter which gives each community the right to rule its own and take care of its own without going through the bureaucratic process. Mayor Daly asked to again receive a copy of the letter written by Mr. Johnson with a copy to all Council Members as well. Grace Howard, Apartment Manager's Association, 125 Belinda Circle and Member of AIM. She again invited all those interested to a parent's awareness meeting to be held at the Brookhurst Community Center on May 25, 1993 at 7:00 p.m. PUBLIC COMMENTS - AGENDA ITEMS: Input was received under Item Al2 (see comments under that item). MOTION: Council Member Pickler moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 4, 1993. Council Member Simpson seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 93R-67 through 93R-71, both inclusive, for adoption and offered Ordinance No. 5365 for adoption and Ordinance No. 5367 for introduction. Refer to Resolution/Ordinance Book. Al. 105: Receiving and filing minutes of the Anaheim Public Utilities Board meetings held February 4, and February 18, 1993. 105: Receiving and filing minutes of the Senior Citizens Commission meeting held March 11, 1993. 105: Receiving and filing minutes of the Community Services Board meeting held March 11, 1993. A2. 184: Awarding the contract to the lowest responsible bidder, Hillcrest Contracting in the amount of $873,376.46 for Landslide Incident Permanent Water Collection System, and in the event said low bidder fails to comply with the terms of the award, awarding the contract to the second low bidder, as well as waiving any irregularities in the bids of both the low and second low bidders. A3. 175: Approving a Notice of Completion of Meter Vault Rehabilitation and/or Replacement by Kana Pipeline, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. 299 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5=00 P.M. A4. 175: Approving a Notice of Completion of Construction of Emergency Power Wells 40 and 41 by Orin Construction Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A5. 170: Approving the Subdivision Agreement of Parcel Map No. 92-172 with Savi Ranch Associates. Parcel is located at Savi Ranch Business Park at the northwest corner of Weir Canyon Road and Savi Ranch Parkway. A6. 164: RESOLUTION NO. 93R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE MASTER PLAN FOR DRAINAGE AS IT PERTAINS TO THE SOUTH CENTRAL AREA OF ANAHEIM. A7. 123: Approving a Settlement Agreement and Release of Claims between Montgomery Watson, J.W. Contracting Corporation and the City, in the amount of $135,000; approving a Notice of Completion of the construction for the Olive Hills Reservoir Complex Modification by J.W. Contracting Corporation, and authorizing the Mayor to sign and the City Clerk to file said Notice of Completion. A8. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for six months ended December 31, 1992. A9. 153: RESOLUTION NO. 93R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 91R-125 WHICH ESTABLISHED RATES OF COMPENSATION FOR UNREPRESENTED PART-TIME CLASSIFICATIONS. (Parking Citation Hearing Officer, effective May 7, 1993.) Al0. 123: Approving an Agreement with the Anaheim Bulletin for legal advertising to provide full legal notice coverage to all areas of the City, at the rate of $4.50 per column inch, first insertion, and $4.00 per column inch for each subsequent insertion. Ail. 123: Approving the terms and conditions of the General Depositary Agreement with Union Bank and authorizing the Mayor, City Clerk and Executive Director to execute said Agreement and related documents for the deposit of Housing Authority funds. Al2. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a purchase order to Tennant for one (1) scrubber with attachments in the amount of $35,032. (Continued from the meeting of April 27, 1993.) Sharon Ericson. She knows someone is going to speak as soon as she sits down and tell the Council this equipment is something that is needed at the Convention Center. She has a concern. Last week the scrubber was going to be $36,S00 and this week it £~ $3S,032. The bottom line - she thought it was going to be about $25,000 between the contractor and the current custodians that will be laid off with nowhere else for them to bump to. She is wondering where the priorities are - equipment or people. City Manager Ruth. The cost was an estimate. The scrubber is a normal replacement item. It is used on the concrete floors by part-time personnel. It has nothing to do with the four employees they are contemplating contracting out. Al3. 170: ORDINANCE NO. 5365 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5316 RELATING TO LOT LINE ADJUSTMENTS. (Introduced at the meeting of April 27, 1993.) 300 City Hallr Anaheim, California - COUNCIL MINUTES - MAY 4r L993 - 5:00 P.M. A14. 156: Authorizing Holmes & Narver to proceed with Phase 2 through Phase 6 architectural services for the Anaheim Police Department Satellite Substation. (This matter was continued from the meeting of April 20, 1993 to this date.) City Manager Ruth. Staff is requesting an additional two week's continuance on this item. Al5. 185: Approving an extension of time on the sixty-day "cure period" with California Drive-In Theatres, Inc. for Development Agreement No. 88-05, IDM Business Center for ninety additional days to July 9, 1993. Council Member Feldhaus. He asked what the problem is on the "cure period" with California Drive-In Theatres in meeting the extension. Debbie Fank, Associate Planner. Originally staff asked for 60-days to work things out with the California Drive-In Theatres. They felt they still had a potential to develop the site. They now do not believe that potential is still there so it is necessary to work out how the agreement will be terminated. Al6. 114: Approving minutes of the Anaheim City Council meeting held March 23, 1993. A17. 137: ORDINANCE NO. 5367 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING ENTERING INTO OF THREE LEASEBACK (INSTALLMENT PURCHASE) AGREEMENTS. (For San Juan Unit 4, Public Utilities Building/City Hall West, and the Combustion Turbine.) 137: RESOLUTION NO. 93R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING (I) THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $140,000,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS BY THE ANAHEIM PUBLIC FINANCING AUTHORITY; (II) AUTHORIZING ONE OR MORE NOTICES INVITING BIDS RELATING TO THE BONDS AND ONE OR MORE NOTICES OF INTENTION TO SELL BONDS; (III) APPROVING AN INSTALLMENT PURCHASE AGREEMENT AND ESCROW AGREEMENT, (IV) APPROVING THE REFUNDING OF CERTAIN CERTIFICATES OF PARTICIPATION OF THE CITY; (V) AUTHORIZING THE DELIVERY OF PRELIMINARY OFFICIAL STATEMENTS AND AN OFFICIAL STATEMENT AND (VI) AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. 137: RESOLUTION NO. 93R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $71,000,000 PRINCIPAL AMOUNT OF ELECTRIC REVENUE BONDS, ISSUE OF 1993; PROVIDING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF SUCH BONDS; APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION THEREWITH; AND AUTHORIZING OFFICERS OF THE CITY TO DO ALL THINGS NECESSARY OR ADVISABLE THEREFOR. 137: RESOLUTION NO. 93R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $25,000,000 WATER REVENUE BONDS, 1993 SERIES; PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS; APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT; AND AUTHORIZING OFFICERS OF THE CITY TO DO ALL THINGS NECESSARY OR ADVISABLE THEREFOR. 106: Amending the FY 92/93 budget by increasing revenues by $65,000,000 in Account ~525-521-6785-4861 and increasing expenditures by $65,000,000 in Account #525-521-6785-7075-00029220. 301 City Hallt ~--heim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. Al8. 184: CITY COUNCIL REVIEW OF THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY - SANTIAGO LANDSLIDE AND PEGASUS LANDSLIDE. (See report dated May 3, 1993 from the City Attorney to the City Council.) City Attorney White. He is requesting this item be added to the Consent Calendar - the biweekly review by the City Council of the emergency situation that exists in the Santiago and Pegasus slide area. By State law, Council is required at least once every two weeks to review the situation to determine whether or not to continue the emergency. It was through his oversight that the matter was not placed on the formal Council agenda which is posted the Friday before the meeting. Before acting, it would be necessary to waive the 72-hour posting provision of the Brown Act. The City Manager also has an add on which will require the same waiver which can be done in one motion. MOTION: Council Member Pickler moved to waive the 72-hour posting provision of the Brown Act since action is required on the subject review of the continued existence of a local emergency and for the following item regarding the assignment of interest and Reimbursement Agreement between the City of Anaheim and Baldwin Building Contractors and it is not appropriate to wait until the next meeting. Council Member Simpson seconded the motion. MOTION CARRIED. Al9. 123: APPROVING THE ASSIGNMENT OF INTEREST IN A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND BALDWIN BUILDING CONTRACTORS: Submitted was report dated May 4, 1993 from the Public Utilities General Manager recommending that the Council approve the assignment of interest in a Reimbursement Agreement between the City of Anaheim and Baldwin Building Contractors. City Manager Ruth noted that it was necessary to take action on this matter tonight and the motion waiving the Brown Act has been approved by the Council. Roll Call Vote on Resolution Nos. 93R-67 throuqh 93R-71, both inclusive, for adoption~ AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Resolution Nos. 93R-67 through 93R-71, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 5365 for adoption: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5365 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS: The City Attorney announced that it is appropriate at this time for all those intending to testify at any or all of the public hearings including staff be sworn in at this time. 302 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. Those testifying were requested to stand by the City Clerk and asked to raise their right hand. The oath was then given. D1. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3594 AND MITIGATED NEGATIVE DECLARATION: OWNER: Badalian Enterprises, Inc., Attn: Greg Badalian, 1540 S. Harbor Boulevard, Anaheim, CA 92802 LOCATION/REQUEST: The property is located at 1520 South Harbor Boulevard and is approximately 1.17 acres located on the east side of Harbor Boulevard and approximately 700 feet south of the centerline of Manchester Avenue. The request is to permit a 5-story, 121-room motel with waiver of (A) minimum interior setbacks, (B) required landscaping of setback areas and (C) required landscaping of parking area. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3594 GRANTED, IN PART, waiver (C) DENIED (PC93-31) (7 yes votes). Waiver of code requirement APPROVED, IN PART, waiver (C) DENIED. Approved Mitigated Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Council Members Pickler and Daly at the meeting of April 6, 1993 and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin - April 22, 1993 Mailing to property owners within 300 feet - April 22, 1993 Posting of property - April 23, 1993 PI~uNNING STAFF INPUT: See staff report to the Planning Commission dated March 22, 1993. Council Member Pickler. He initially had some concerns but has since had an opportunity to look at the site. It is a project that will blend in with what they have in the C-R Area. His concerns have been satisfied with the setback, parking and decor. He is ready to vote positively on the project. Mayor Daly. He notes a condition that requires the project to adhere to the design guidelines adopted last year for the C-R Area and the specific plan guidelines which are in progress. He asked if the project meets those guidelines. Annika Santalahti, Zoning Administrator. In terms of current design guidelines, it was reviewed by the architectural consultant and he approved the design of the project. The way the condition is worded is intended that if before permits are sought new guidelines come into effect, they will also have to comply with those if they differ. Mary McCloskey, Deputy Planning Director. They were able to work with the applicant and get the ultimate road ways as they are now per the anticipated plan to be worked into the design. Staff believes the project will be consistent with the future guidelines and standards they envision for that area. Council Member Pickler. In reviewing the project with the applicant, it was pointed out that the usual starting time for construction is 7:00 a.m. He (Pickler) told the applicant he would bring the subject up today. The 303 City Hall, ~--helm, California - COUNCIL MINUTES - MAY 4, 1993 - 5=00 P.M. Planning Commission imposed a starting time of 8=00 a.m. which will be costing more money. He asked why there was a change in the starting time for this project. Annika Santalahti. This was one of the mitigation measures in connection with the environmental assessment and complies with the Environmental Protection Agency (EPA) noise control program. She assumes it would be a specific requirement that is more restrictive through the Federal Government rather than the City. Although it is a commercial area, there are people sleeping nearby in hotels and motels. She does not believe the EPA stated that they had to start at 8:00 o'clock, but it is a standard in their guidelines. After additional discussion between Council Member Pickler and staff relative to the issue of the starting time for construction, Mayor Daly opened the public hearing. John Anderson, 729 Camiel Highlands Drive, Corona Del Mar, VanDorpe-Chow Associates. It is his recollection relative to the start time, the Planning Commission had some discussion on the noise matter. In his view, the Commission felt it would be a comfortable time for the project. It is not his understanding it was based on EPA or other regulations but rather their desire to modify the City's noise ordinance which he does not assume to be in conflict with EPA. If so, perhaps it should be reviewed and changed. He suggested that the matter could be researched by staff or the condition amended so as to allow for construction to begin at' 7:00 o'clock and continue to 7:00 p.m. in conformance with the City's noise ordinance. The project architect is present. Annika Santalahti. She notes in the staff report to the Planning Commission that the timing constraint did not appear in the draft mitigating measures. It did come from the Planning Commission during their public hearings. It was not a part of the EPA regulations although it was put under that block as a condition. Council Member Pickler. He noted the only people that would be sleeping in the area are to the south where there is a solid block wall. John Swint, 707 W. North Street, Anaheim. The wall is 5 stories high and 8 inches thick solid concrete. There is no way for any sound to go through that wall into adjoining rooms. To the north, there is about 250 feet of space. He does not see where any noise is going to interfere with anyone. Annika Santalahti. If Council acts favorably, she suggests that Condition No. i be amended to the City's current standard of 7:00 a.m. to 7:00 p.m. as well as modification of the mitigation measure deleting that reference. After questions were posed to Ms. Santalahti by Mayor Daly regarding the Planning Commission's rationale for imposing the 8:00 o'clock start time, Mayor Daly closed th~ public hearing, there being no further 9ersons who wished to speak. Mayor Daly stated although it is minor, he is speaking against the change to a 7:00 o'clock start time. ENVIRONMENTAL IMPACT REPORT - MITIGATED NEGATIVE DECLARATION: On motion by Council Member Pickler, seconded by Council Member Hunter, the City Council does hereby approve a mitigated Negative Declaration on the subject project and accompanying Mitigation Monitoring Program pursuant to Section 21081.6 of 304 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. the Public Resources Code on the basis that the Planning Commission/City Council has considered the proposal with the Mitigated Negative Declaration and accompanying Monitoring Program, together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. Council Member Pickler offered Resolution No. 93R-72 for adoption, granting Conditional Use Permit No. 3594 as approved by the City Planning Commission but with the change to construction start time from 8:00 a.m. to 7:00 a.m. Refer to Resolution Book. RESOLUTION NO. 93R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3594, IN PART. Roll Call Vote on Resolution No. 93R-72 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson Daly None The Mayor declared Resolution No. 93R-72 duly passed and adopted. BI. 179: ORDINANCE NO. 5366 - ADOPTION: Amending Sections 18.05.080, 18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067, 18.32.067 AND 18.34.067, of Chapters 18.05, 18.21, 18.31, 18.32 and 18.34 of Title 18 of the Anaheim Municipal Code relating to signage in residential zones. (This ordinance was introduced at the meeting of April 27, 1993.) Council Member Pickler offered Ordinance No. 5366 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5366: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.05.080, 18.21.064, 18.31.064, 18.32.064, 18.34.064, 18.21.067, 18.31.067, 18.32.067 AND 18.34.067, OF CHAPTERS 18.05, 18.21, 18.31, 18.32 AND 18.34 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE IN RESIDENTIAL ZONES. Before a vote was taken, City Clerk Sohl announced that Mr. Sanford Simmons who was before the Council previously regarding the subject ordinance requested that it be held over one week since he would like to address some issues. (See minutes of April 27, 1993.) City Attorney White. Answering Council Member Pickler, this is a legislative matter. It is at the Council's discretion as to what they wish to do. He is not advising that it needs to be continued. Council Member Pickler. An ordinance can always be changed. Staff analysis has been done and it is a positive thing. He feels the ordinance should be adopted tonight. Council Member Feldhaus moved that the continuance be granted. Before further action was taken, Mayor Daly stated he agrees with Council Member Pickler. Mr. Simmons has had at least one opportunity to make his case both in writing and at the Council meeting. 305 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. Darlene Covington. She has a business in town. She would like to see the matter continued until Mr. Simmons comes back into town. The motion by Council Member Feldhaus to grant the continuance died for lack of a second. Grace Howard, AIM (Anaheim's Involved Managers). She first stated she would like to have a copy of the ordinance. It was her understanding the ordinance was going to be changed; City Attorney White clarified that the ordinance is the same as it was when it was introduced on April 27, 1993. Grace Howard. She asked if something could be done so they can have signage in front of their properties (apartment owners). Having heard Mr. Simmons speak previously, he asked for a minor adjustment so they could have temporary help, considering the economic times. The City Council needs to know that the apartment owners need some help. Mayor Daly. There has been extensive discussion on the matter and at the Planning Commission level as well and now they are being asked to make a slight adjustment. There is nothing to prevent an adjustment in the future. On matters like this where there are technical requirements for signage in terms of size and shape, how many and how far they must be setback from the street, etc., especially when getting into temporary signs, banners and balloons, he suggested that she lay out exactly what she has in mind and how the existing requirements do not allow it. Perhaps it can be accommodated in the code. A vote was then taken on the foregoing ordinance. Roll Call Vote on Ordinance No. 5366 for adoption: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly None None The Mayor declared Ordinance No. 5366 duly passed and adopted. B2. 179: REQUEST FOR EXTENSION OF TIME - VARIANCE NO. 4126 AND TENTATIVE PARCEL MAP NO. 91-173: Request by Doug Browne, West Street Development Company, Inc., P.O. Box 18021, Anaheim, CA 92817-8021 LOCATION/REQUEST: The property is located at 901 North West Street, on the west side of West Street approximately 760 feet north of the centerline of North Street. The petitioner requests an time extension retroactive to June 4, 1992 to expire June 4, 1994 for Variance No. 4126 to comply with conditions of approval. Variance No. 4126 is for a waiver of required lot frontage, minimum lot area and minimum lot width to permit a 3-lot, RS-10,000 residential, single family zoned subdivision. Submitted was report dated April 28, 1993 from the Zoning Administrator Annika Santalahti recommending that the requested time extension be granted retroactive to June 4, 1992 to expire June 4, 1994. Mayor Daly noted that the staff report indicates one of the conditions which were agreed to have been complied with. The project was approved in June, 1991. (It was determined that the Council approved the project on a 5-0 vote.) 306 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. Mayor Daly asked if Mr. Browne was present; he was not present. Annika Santalahti. The applicant was looking at adding additional property to the piece. It is possible he will be back with an altogether new zoning action. This may be something that is holding him up. It is also due to the current economic conditions. Council Member Pickler. He suggested that the matter be continued and Mr. Browne be contacted to get his input. After additional discussion on the issue, Council Member Pickler moved to continue the subject requested extension of time to May 18, 1993 and that Mr. Browne be contacted to get his input relative to the requested time extension. Council Member Simpson seconded the motion. MOTION CARRIED. 179: REQUEST FOR A FURTHER CONTINUANCE OF PUBLIC HEARING ON CONDITIONAL USE PERMIT NO. 3581: City Clerk Sohl. She has submitted to the Council a fax received this afternoon from Floyd Farano regarding CUP 3581 (see minutes of April 20, 1993 where the public hearing on CUP 3581 was opened, public input received and the hearing subsequently continued to May 18, 1993 at the request of the applicant.) Mr. Farano at that hearing indicated he did not have his calendar with him, there might be a conflict and he may request another date. Mr. Farano states in his facts that May 18, 1993 is not good for him, but May 25, 1993 is and that Mr. Mickelson and Pep Boys apparently agree that May 25, 1993 is a more convenient date. If Council approves the continuance to May 25, 1993, she would like to send out notices since there was considerable opposition. Council Member Hunter noted that they will not have a full Council on May 25, 1993. City Attorney White. If they act tonight, the Council will have to waive the Brown Act and then make a motion to continue the public hearing to May 25, 1993 instead of May 18, 1993. The problem is they do not know if May 25 is a good date. City Clerk Sohl. The applicant is agreeable to May 25, 1993; Mayor Daly. would like to see a letter from the applicant regarding the request for a continuance. He City Clerk Sohl. Mr. Mickelson, Agent for the applicant, phoned her and said they do not have any opposition to the May 25th date. Further discussion followed between Council Members and staff wherein it was determined that the next full Council meeting after May 25, 1993 would be June 8, 1993; Mayor Daly directed that the request for continuance be placed on the Council agenda of May ll, 1993 for a decision by the Council at that time on whether or not to grant a further extension to the already continued public hearing and when. Cl. 107: POOL ROOM PERMIT APPLICATION - ROBERT LEE HASSIS LOCATION: 5636 E. La Palma Avenue Applicant requests a pool room permit to operate ten billiard tables at the above location. This item was withdrawn by the applicant until a new conditional use permit is obtained for on-sale beer and wine. 307 City Hall, Anaheim, California - COUNCIL MINUTES - MAY 4, 1993 - 5:00 P.M. ADJOURNMENT: By General Consent the Council meeting was adjourned. (6:52 p.m.) LEONORA N. SOHL, CITY CLERK 308