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1996/08/06The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: Bob Zemel ASSISTANT CITY MANAGER: Dave Morgan CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann M Sauvageau EXECUTIVE DIRECTOR/COMMUNITY DEVELOPMENT: Lisa Stipkovich JTP MANAGER: Marge Pdtchard TRAFFIC & TRANSP. MANAGER: John Lower PUBLIC WORKS DIR./CITY ENGINEER: Gary Johnson LT., CRIME PERSON BUREAU: Vince Howard PLANNING DIRECTOR: Joel Fick A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:20 a.m. on August 2, 1996 at the Civic Center Kiosk, containing all items as shown heroin. Mayor Daly called the workshop portion of the August 6, 1996 meeting to order at 3:18 p.m. and welcomed those in attendance. Assistant City Manager, Dave Morgan introduced Lisa Stipkovich who, in turn, will introduce the first workshop, an update on the work of the Private Industry Council (PIC). 105: PRIVATE INDUSTRY COUNCIL - YEAR END REPORT: Lisa Stipkovich, Executive Director of Community Development. She introduced Marge Pritchard, JTP Manager who will give a brief introduction on the presentation of the annual report of the PIC and subsequently introduce the Chairman of the Council. Marge Pritchard, JTP Manager, first gave a brief summary of the Job Training Program (the major component of the work of the PIC). She also bdefed the highlights, accomplishments and challenges over the past year. (Also submitted to the Council before the meeting was a packet of information giving a PIC overview, program highlights and accomplishments, and changes and challenges -- see brochure entitled - Anaheim Private Industry Council - The Road to Opportunity - Annual Report, 1995). She then introduced the Chairman of the PIC, Paul Bostwick. Paul Bostwick, Chairman, Private Industry Council first introduced those members of the Council who were present. His presentation, supplemented by slides, covered the following: Makeup of the PIC (community and business leaders), what the PIC does, program highlights and accomplishments, companies assisted, the performance standards which the PIC has to meet, their success in achieving those standards, the rewards received for performance since 1989-90 to present which total approximately $847,000, the new programs initiated -- One-Stop Electronic Store and the School-to- Career Program -- challenges, legislation and its affects, block grant funding, etc. In closing his presentation, he emphasized that the PIC program in the City of Anaheim is one that works, and works successfully. The presentation was followed by questions from Council Members which were answered by Mr. Bostwick and Mrs. Pdtchard. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 Mayor Daly and Council Members thanked the Chairman and Members of PIC and staff for the informative presentation and for the dedicated and excellent work given to such a worthwhile program in the City. Assistant City Manager, Dave Morgan. The second presentation today will be the status of the Urban Rail Project. 173: STATUS - URBAN RAIL PROJECT: John Lower, Traffic & Transportation Manager. Bill Hodge, the Director of Intemal Affairs, OCTA is present today along with Nancy Michali, Manager, Transit Programs. Both will be involved in the presentation on Urban Rail which is a follow-up to the presentations previously given to the Council (also see minutes of June 27, 1995 - OCTA Major Investment Study where the issue was initially discussed). Bill Hodge, Director of Intemal Affairs, OCTA. Previously, OCTA has appeared before the Council to discuss ways to improve travel through the heart of Orange County between Fullerton and Irvine. The process begain in 1990 on passage of the 1/2 cent sales tax (Measure M) to be invested in Orange County's transportation infrastructure divided into four basic components which he explained. The Major Investment Study which he is present to discuss today gives a range of alternatives to deal with covedng the 28 miles from the Fullerton Metro Center to the Irvine Transportation Center. Six alternatives have evolved (see matedal submitted, i.e., a survey brochure entitled, 'The Corridor" -- The Path to Mobility - Spring/Summer 1996 giving information on the altematives, maps showing the area involved overiayed with the altematives, facts, features, etc. The survey was mailed out to several thousand people/households). OCTA has received a series of opinions on each of the altematives proposed. There have also been a number of open-house public meetings. Public outreach, however, has not resulted in any one alternative but certain themes and messages have begun to emerge which he briefed. One important message was that they keep the promises made when Measure M was introduced to the voters and eventually passed. Nancy Michali, OCTA, Manager, Transit Programs. She bdefed each of the six alternatives listed in the material presented, and explained that OCTA is looking for feedback from the Council on the alternatives (Each alternative was bdefed in the survey submitted - Ms. Michali also briefed/explained each in greater detail - Build Only What's Already Funded, Fully Use the Present System, Innovative Bus System, Add Ca[pool Lanes/SR-57 Tollway, Rail System-Harbor/Main/San Diego Creek, Rail System- Metroline /Bdstol/Metrolink.) Dudng and after the presentation, Mayor Daly and Council Members posed questions relative to certain aspects of the alternatives as well as other related issues which were answered by both Ms. Michali and Mr. Hodge. Before concluding, Ms. Michali and Mr. Hodge again stated that they were looking forward to feedback from the Council on any of the alternatives. They are currently in the midst of public review and comments on the alternatives and are looking for a staff recommendation at the Board Meeting of September 9, 1996, taking that recommendation out for additional public review and subsequent action by the Board on either one alternative, portional altematives, or a combination or a phasing of alternatives that make sense for the cerddor. Mayor Daly. The Council will be ready for a recommendation from staff sometime in October on the six alternatives. He thanked Ms. Michali, Mr. Hodge and staff for the informative presentation today and will look forward to further input. He also acknwledged Mr. Stan Oftelie, OCTA, who was present in the Chamber audience. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 6, 1996 PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anaheim Fire Association, Anaheim Municipal Employees Association, and unrepresented Management. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Case: Scott Bryan, vs. City of Anaheim, et al., Orange County Superior Court Case No. 73-08-60. CONFERENCE WITH LEGAL CUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - EXISTING LITIGATION Name of Case: Nolan vs. City of Anaheim, Orange County Superior Court Case No. 74-72-63. CLAIMS: Name of Claimant: Jacob Franco Agency Claimed Against: City of Anaheim MOTION. On motion by Mayor Daly, seconded by Council Member Feldhaus, the Council recessed into Closed Session. Council Member Zemel was absent. MOTION CARRIED 4:04 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Zemel, and welcomed those in attendance to the Council meeting. (5:38 p.m.) INVOCATION: Reverend Bryan Crow of the Anaheim Garden Church gave the invocation. FLAG SALUTE: Council Member Lou Lopez led the assembly in the Pledge of Allegiance to the Flag. STATUS - CITY MANAGER, JIM RUTH: Mayor Daly. Two weeks ago as part of a non, al annual physical, City Manager Ruth was diagnosed with arterial blockages leading to his heart. Although there was no permanent damage and Jim felt fine, his condition required immediate attention. As a result, Jim underwent bypass surgery yesterday morning, The procedure was successful and he is currently recovering in the hospital. He is expected to be able to go home this weekend and to return to work in five or six weeks. All of their thoughts and preyers are with Jim and his family dudng this pedod. Personally, on behalf of the Council, he would like to thank the staff at Anaheim Memorial Hospital for taking good care of Jim. They understand the surgery went fine as expected and everything is proceeding as it normally would. Get-well cards and flowers are welcomed and encoureged and may be sent directly to the hospital. In the meantime, the family has requested no phone calls or visits be attempted until a few more days. Until Jim has recovered sufficiently, dudng the interim pedod of his recovery, Acting City Manager, Dave Morgan will be handling the responsibilities of the City Manager's Office. Dave is a long-time City 3 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 employee having held management positions in several City Departments and for the last 3 1/2 years as Assistant City Manager. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council recognizing posthumously Elizabeth J. Schultz for her many contributions to the City of Anaheim especially with regard to the public library system and the preservation of the City's history. Mrs. Schultz passed away a couple of weeks ago. She was a well-known, revered community activist and leader. The History Room at the Main Library was named in her honor several years ago. The Council has asked City staff to explore some type of permanent memorial to Mrs. Schultz at the History Room to inform citizens of Anaheim of her accomplishments for generations to come. The Declaration was presented by the Mayor and accepted by her niece, Barbara A. Redfeam and nephew, Richard J. Blankmeyer. 119: PRESENTATION OF STUDENT DELEGATION FROM ANAHEIM'S SISTER ClTY~ MITO~ JAPAN: Mrs. June Lowry, Sister Cities Committee. She first explained that the President of the Sister Cities Committee is now Mr. Paul Bostwick. She has been working with the exchange students from Mito, Japan who are present in the Chamber audience tonight. It is her privilege to present them to the Council (20 students ranging in age from 16 to 22) along with their leader, Ms. Seiko Nagahori, an English Teacher from Mito Akatsuka Middle School. She noted as well that many of the host families were in the Chamber audience and she asked them to stand and be recognized for their hospitality and generosity in housing the students. The exchange program works differently from any such programs in that it is an official program between Anaheim and Mito and instead of just learning English, it is an in- depth exchange to learn how people live in Japan and likewise how people live in Amedca. After elaborating on the program, she introduced Ms. Nagahori. Ms. Seiko Nagahod. They are very proud of the relationship between Mito and Anaheim. She is convinced what the students have learned will be an influence on their lives. She explained the many things they have learned relative to ideals, culture and values. It is the hope to build an even better relationship between the people of Mito and citizens of Anaheim. They appreciate the efforts made to make their stay a successful and meaningful one. In concluding, she presented a gift to Mayor Daly from the Mayor of Mito. Mayor Daly thanked Ms. Nagahori for the gift and asked her to convey his and the Council's best wishes to the Mayor and Council of Mito. He, in turn, presented a gift to Ms. Nagahori. Mayor Daly and Council Members then greeted each of the students personally and presented them with City of Anaheim pins. The exchange program is an important one and he thanked all of those involved. Mayor Daly stated there was a need for him to leave the Council Chamber for approximately five minutes. He turned the meeting over to Mayor Pre Tern Lopez. (6:00 p.m.) (Mayor Daly returned to the Council Chamber at 6:06 P.M. during the Redevelopment Agency Meeting). RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: NONE FINANCIAL DEMANDS AGAINST THE CITY in the amount of $220,543.24 for the period ending July 29, 1996 and $173,038.82 for the period ending August 5, 1996, in accordance with the 1996-97 Budget, were approved. 4 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6, 1996 Mayor Pm Tem Lopez recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. ( 6:01 p.m.) Mayor Daly reconvened the City Council Meeting (6:16 P.M.) ADDITIONS TO THE AGENDA: Them were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Connie Lane, Community Relations Specialist, Church of Jesus Chdst of Latter Day Saints, Anaheim on California Stake. She gave the Council a report on the commemorative tree planting which took place July 27, 1996, the participation by over 350 people, and the fact that 168 trees were planted involving approximately 1,545 volunteer bourn. She thanked the businesses involved for their help and their sense of community involvement. Tim Murphy, 819 N. Roanne Street, Anaheim. He referred to a newspaper article in the Bulletin about a new sex odented business, Impedal Theater, to be established in a zone on the outskirts of the City in his area. It seems there is no recourse or anything that the residents, business owners and employees of the businesses in the area can do to prevent the business from opening and that the Freedom of Speech clause in the Constitution upholds the dghts and liberties of the perpetrators of such businesses. He wants to know what they can do as citizens, what the Council can do to help prevent these businesses from opening and also who voted for and against the adult business zones. Such adult businesses are destroying the moral conscience of the country and he believes they have an obligation and responsibility not to compromise in these situations. Mayor Daly. He first thanked Mr. Murphy for taking the time to address the issue, one which the City has been dealing with for a number of years. The City Attorney has attempted to summarize the situation several times in the past and he will ask him to do so again. City govemment is not a free agent in the Constitutional wodd. The First Amendment to the Constitution, a vadety of U.S. Supreme Court decisions and also State law are the operatives and certain alternatives are not available at the local level. He asked to hear from the City Aftomey. City Attorney White gave an extensive explanation of what has occurred in the City relative to these types of businesses prefacing his remarks by emphasizing that if the City/City Council were given a choice, the businesses would be totally prohibited but unfortunately, the City does not have that choice. His presentation also emphasized the extensive and on-going efforts to impose certain restrictions and limitations on how the businesses are conducted and where. The City is doing the most it can do and are continually working with State Legislators to impose additional restrictions noting that, in fact, the City's current ordinance is used as a mode for other cities. He also explained what happened in the past when the businesses were initially challenged by the City several years ago, the time, effort and money expended and the resultant loss to the City of not only taxpayer funds, but also, because the ordinance at the time was invalidated, giving a window of opportunity for three or four businesses to establish themselves in the City without any restrictions. His office chairs a County-wide committee of cities attempting to make sum that their laws am as current and as limiting as they am capable of being. Discussion followed wherein, upon direction by the Council, the City Attorney further explained the difficulties involved in trying to prohibit and/or restdct the businesses as well as new legislation which, if adopted, will assist the ongoing efforts even further. The Council also commented on their frustration in dealing with the issue and assured Mr. Murphy that all that could be done would be done on a continuous basis. Mayor Daly, in closing, stated that they are very reliant on the City Attorney and his staff in this matter because it is a purely legal situation. He (Murphy) might want to follow up with the City Attorney's Office in the future. He also feels what would be helpful is if staff could prepare a one or two page summary of CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 6, '1996 the cimumstances involved in this issue including the Indiana law which, as the City Attorney explained, is stricter than the California law. He suggested if citizens are concerned about making it more difficult for sex odented businesses to operate, that they offer realistic remedies and work toward that end. Bob Ball, 1532 Laster, Anaheim. His concern is relative to abandoned and stolen shopping carts. (See minutes of 7/16/96 and 7/23/96 where the issue/problem was introduced by Council Member Feldhaus and a report given on what he and staff have been doing to try to mitigate/solve the problem. He (Ball) is disappointed in the fact that AB317, which he believes was approved by the Governor on July 25, 1996, further restricts local Government from doing anything regarding timely retrieval of grocery carts. He is also disappointed that the Police Department, to the best of his knowledge, has never issued a citation to anyone taking a shopping cart, their rationale being they do not have a complaint from the grocers. It is a "Catch-22" situation. Although the Grocers Association has a 12-step retrieval plan(see minutes of 7/23/96 where Council Member Feldhaus submitted a copy of that plan) he feels it is just lip service and they will do nothing to stop theft. He feels a solution is to authorize and encourage Code Enforcement and the Police to issue citations when they see somebody walking down the street with a shopping cart. Council Member Feldhaus. He explained for Mr. Ball that several steps have been taken to solve the problem and he will inform Mr. Ball what those are after the meeting. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of August 6, 1996. Council Member Tait seconded the motion. Council Member Zemel was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Lopez, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution Nos. 96R-139 through 96R-143, both inclusive, for adoption.. Refer to Resolution Book. Al. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Martin Castro for property damage sustained purportedly due to actions of the City on or about June 10, 1996. b. Claim submitted by Matthew T. Lingle for property damage sustained purportedly due to actions of the City on or about May 26, 1996. C. Claim submitted by Pacific Bell (file No. BS660411) for property damage sustained purportedly due to actions of the City on or about April 4, 1996. d. Claim submitted by Miracle Muffler and Trailer Hitch for property damage sustained purportedly due to actions of the City on or about April 1, 1996. e. Claim submitted by Minh Q. Tran for property damage sustained purportedly due to actions of the City on or about March 3, 1996. 6 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 f. Claim submitted by Badalian Enterprises, Inc. for property damage sustained purportedly due to actions of the City on or about Apd110, 1995. g. Claim submitted by Jacob Franko c/o Don R. Ford, Esq. for bodily injury sustained purportedly due to actions of the City on or about July 30, 1995, 105: Receiving and filing minutes of the Budget Advisory Commission Workshops held May 8, 1996, and May 22, 1996, and the minutes of the regular meeting held May 15, 1996. 105: Receiving and filing minutes of the Community Redevelopment Commission special meeting held June 26, 1996. 173: Receiving and filing correspondence from Southern California Edison Company (Application No, 96-07-009) filed before the Public Utilities Commission of the State of California pertaining to the adoption of the Performance Based Ratemaking and Incentive Based Ratemaking Mechanisms Specified in D. 95-12-068 as modified by D.96-01-009, and related changes. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held May 22, 1996. 105: Receiving and filing minutes of the Golf Advisory Commission meeting held June 27, 1996. A3. 170: Approving the Final Map of Tract No. 14737, and the Subdivision Agreement with Town Square Investments, Inc.; and authorizing the Mayor and City Clerk to execute said Agreement. A4. 160: Accepting the bid of Mark-Costello Company, in the amount of $33,250 for a trash compactor and disposal of existing unit, in accordance with Bid #5556. A5. 160: Accepting the Iow bid of Rose Environmental Service, in an amount not to exceed $71,467 for fuel tank piping upgrades at the Fleet Maintenance fueling facility, in accordance with Bid #5558. A6. 160: Accepting the Iow bid of San Dieguito Printers, in an amount not to exceed $28,294.60 for printing one issue of the Anaheim Magazine, in accordance with Bid #5567 Submitted was report dated July 22, 1996 from the Purchasing Agent recommending the subject. Council Member Feldhaus. In this case staff, in going out to bid, went to four outside-the-City vendors. Although the staff report rationalizes the reason why, he knows there are many printers within Anaheim that could accommodate the City's needs. He understands that the City publishes in the newspaper that they are going out to bid. He feels most of the people who would be interested do not read those legal notices. His main point is that they should be looking at Anaheim businesses to do the work rather than going outside the City. Dave Morgan, Assistant City Manager. They have publicly advertised in the past and will be more diligent in getting the word out in the future. As noted in the staff report, only the first of four editions is being bid at this time and staff will be quickly mbidding the remaining three. It will be an opportunity to see if there are additional qualified and interested companies. Council Member Feldhaus. He feels phone calls are appropriate in this case. This just happens to be for printing. He is suggesting they do the same for all Anaheim businesses. Council Member Lopez. He suggested that staff check with the Chamber of Commerce to get a list of local pdnters and use that as a reference. 7 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 A7. 160: Authorizing the Purchasing Agent to issue Purchase Orders in an amount not to exceed $3,277,964 for the purchase of 184 vadous vehicles for City Departments for Fiscal Year 1996~97. A8. 116: Approving the funding recommendations and a one year extension of existing training agencies for the delivery of JTPA training services through June 30, 1997, and authorizing the JTP Manager to execute the necessary subcontract agreements and modifications thereto. Approving the selection of new JTPA training agencies for the pedod of July 1, 1996 through June 30, 1997, and authorizing the JTP Manager to execute the necessary subcontract agreements and modifications thereto. A9. 113: RESOLUTION NO. 96R-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (BUDGET DIVISION) Al0. 156: RESOLUTION NO. 96R-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A GRANT PROPOSAL ON BEHALF OF THE CITY OF ANAHEIM IN CONNECTION WITH THE U, S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM. 156: RESOLUTION NO. 96R-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE ESTABLISHMENT OF A LOCAL ADVISORY BOARD IN CONNECTION WITH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM. Council Member Tait. This proposal is for a communications system that will provide a Police Officer in the field an opportunity to file a report on a P.C. so that the Officer will not have to make the tdp back and forth to the station. Assistant City Manager Morgan stated that upon completion of all three phases of the project, that is correct. Council Member Tait. He believes this to be one of the most significant items to come before them. The report stated it will save approximately 102,000 man hours in the field for community policing. This equates to 50 more Officers on the street. The half million it will cost is about the best 'bang for the buck" they can get. He recommends if they are not successful in getting the grant to buy the equipment, that they find the money in the budget somewhere. If the technology can provide another 102,000 hours of Polica time on the street adds to the quality of life in the City. He wholeheartedly supports going out for the grant but feels they should do more if the City does not get the grant. Dave Morgan. He will have the Police Chief respond as to when the City will know if the application is successful. Staff agrees this represents one of the most exciting prospects in technology to increase proactive patrol and will be looking to move aggressively. It involves a changeout of existing equipment and is not something that can be done overnight. Lieutenant Vince Howard. The application needs to be in Washington by this Friday and will be sent as soon as it receives Council approval. The City is eligible to receive the grant but will have to await word to see if it is successful or not. Council Member Tait. He asked staff to look into an alternative or double tracking the matter and look at ways of finding the money in the budget if they do not get the grant. 8 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 MOTION. Council Member Tait moved to have staff pursue alternative funding as a backup in case the grant application is not successful. Mayor Daly seconded the motion. Council Member Zemel was absent. MOTION CARRIED. All. 129: RESOLUTION NO. 96R-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE WRITTEN REPORT OF THE FIRE CHIEF REGARDING THE COST OF WEED ABATEMENT, AND DIRECTING THE FILING THEREOF WITH THE COUNTY OF ORANGE. A12. 123: Approving the Settlement Agreement with ARAMARK Leisure Service, Inc., in the amount of $58,666.26 due to the City for audit findings resulting from City of Anaheim Audit ~92300 at the Convention Center; and authorizing the Mayor to sign the agreement on behalf of the City. A13. 123: Approving an Agreement with the City of Garden Grove enabling the City of Anaheim/Convention Center to continue to provide parking enforcement within a designated area of Garden Grove adjacent to the Anaheim Convention Center. A14. To consider approving an Agreement with City Paper and Metal Co., Inc., for the sale of salvage electrical equipment; and authorizing the Public Utilities General Manager, on behalf of the City, to execute said Agreement and any related documents necessary for the administration of the Agreement. Assistant City Manager Morgan annnounced that staff is recommending that this item (Item A14.) be removed from the agenda at this time to be rescheduled at a later date. A15. A16. A17. 153: RESOLUTION NO. 96R-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM. (HEALTH PLAN RESTRUCTURING). 123: Approving an Agreement with Fox-Morris, Inc., in an amount not to exceed $50,000 to provide career counseling and outplacement services to Stadium/Convention Center employees. 184: Reviewing the need for continuing the Ninth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on January 2, 1996, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A18. 114: Approving minutes of the Anaheim City Council meetings held July 9, 1996, and July 16, 1996. A19. 148: VOTING DELEGATES - LEAGUE OF CALIFORNIA CITIES: Designating the Mayor and Mayor Pro Tem as Voting Delegate and a Voting Alternate for the Business Meeting at the Annual California League of Cities Conference to be held in Anaheim, October 13, 1996 through October 15, 1996. Roll call vote on Resolution Nos. 96R-139 throuqh 96R-143, both inclusive, for adoption: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Feldhaus, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Zemel The Mayor declared Resolution Nos. 96R-139 through 96R-143, both inclusive, duly passed and adopted. CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 END OF CONSENT CALENDAR. MOTIONS CARRIED. (Council Member Zemel was absent.) A2.0. 105: BOARDSICOMMISSIONS-APPOINTMENT/REAPPOINTMENT TO TERMS EXPIRING JUNE 30. 1996: (Continued from the meetings of June 25, 1996, Item A28, July 9, 1996, Item A2.9, and July 16, 1996, Item Al0.) HOUSING COMMISSION FOR NEW TERM EXPIRING JUNE 30, 2000: (Vacant-Slivka) City Clerk Sohl stated staff respectfully requests this item be removed from the agenda until the proposed list of candidates is prepared and it will then be placed back on the agenda. ITEMS B1 - B2 FROM THE ZONING ADMINISTRATOR MEETING OF JULY 18~ 1996: DECISION DATE: JULY 25~ 1996 INFORMATION ONLY - APPEAL PERIOD ENDS AUGUST 9~ 1996: BI. 179: CONDITIONAL USE PERMIT NO. 3576 AND NEGATIVE DECLARATION: OWNER: VlPIN GOEL, 24992 Largo Drive, Laguna Hills, CA 92652 AGENT: MOHAMMAD B. TAGHDIS, 102 Casuda Canyon, Monterey Park, CA 91754 LOCATION: 895 South Euclid Street. Property is a rectangularly-shaped parcel of land consisting of approximately 0.37 acre located at the northwest comer of Euclid Street and Beacon Avenue, having a frontage of approximately 123 feet on the north side of Beacon Avenue, and a frontage of approximately 132 feet on the west side of Euclid Street. Request to delete or modify conditions of approval pertaining to time limitation to retain on- premises sale and consumption of beer and wine in an existing restaurant. ACTION TAKEN BY THE ZONING ADMINISTRATOR: CUP NO. 3578 (ZA DECISION NO. 96-16). Approved requested amendment. END OF THE ZONING ADMINISTRATOR ITEMS FROM 7/18/96. DI. 179: CONTINUED PUBLIC HEARING -WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3841 AND NEGATIVE DECLARATION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-03: OWNER: EXXON COMPANY, USA, Attn: JA Hicks, 800 Bell Street, Room 1303 B, Houston, Texas 77002 AGENT: ROBERT H. LEE ASSOCIATES, Attn: Alan Shimabukuro, Bob Supemau, 1201 S. Beach Boulevard #207, La Habra, CA 90631 LOCATION: 2180 West Ball Road. Property is a rectangularly-shaped parcel of land consisting of approximately 0.52 acre located at the southeast comer of Ball Road and Brookhurst Street. o permit a gasoline service station and convenience market with sales of beer and wine for off- premises consumption with waivers of (a) minimum number of parking spaces, (b) minimum landscaping adjacent to interior boundary lines and (c) maximum number of freestanding signs. Petitioner further requests a determination of public convenience or necessity for an Alcoholic Beverage Control license to sell beer and wine for off premises consumption. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3841 APPROVED, IN PART, waivers (a) and (b) APPROVED, and waiver (c) DENIED because it was deleted following public notification (PC96-52) (6 yes votes, I absent)~ 10 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 Waiver of code requirement APPROVED, IN PART. Denied Determination of Public Convenience or Necessity No.96-03. It was determined that there is no public convenience or necessity which would be served by alcohol sales at this location (PC96-53). Approved Negative Declaration. Hearing Set On: A letter of appeal of the Planning Commission's decision was submitted by Robert H. Lee Associates, Agent, and public hearing set for July 23, 1996, Item DI. (Informational item at the meeting of June 25, 1996, Item BI.) and continued to this date. Public Notice Requirements Met By: Publication in North County News (Anaheim Bulletin) - July 11, 1996 Mailing to property owners within 300 feet - July 9, 1996 Posting of property - July 12, 1996 Staff Input: See Staff Report to the Planning Commission dated June 10, 1996. City Clerk Sohl. Received by FAX today was letter from Robert H. Lee & Associates requesting that the Public Hearing again be continued and rescheduled to August 20, 1996. Mayor Daly. The Council has received the letter which indicates a desire to share additional information regarding their application. He asked staff if the item is continued to follow up with the gentleman who signed the letter, Mr. Bob Supemau from Robert H. Lee & Associates. He asked that someone from the City Manager's Office find out what information they want to convey to the City. He then asked if the Council had any discretion relative to granting the request for continuance. City Attorney White. The applicant has received one prior continuance. Council could technically deny the request and hold the hearing tonight which would be without the applicant being present. If the Council denies the request it would necessitate their refiling an application and going through the process all over again. He confirmed that the applicant has paid for the appeal to the Council of the Planning Commission's decision. It was determined upon questioning by the Mayor that there was no objection amongst the Council Members to granting the request for an additional continuance to August 20, 1996. MOTION. Council Member Feldhaus moved to continue to Public Hearing to Tuesday, August 20, 1996. Mayor Daly seconded the motion. Before a vote was taken, Mayor Daly again stated that in the meantime staff should contact the applicant. He also asked if they were aware of the letter and the information contained therein. Joel Fick, Planning Director. The City Clerk's Office informed Planning staff that the letter/FAX had been received and they were appdsed of its contents. Mayor Daly. He noted there is a reference to a meeting scheduled this week with him (Daly) but he is not aware of any meeting. They have called him and he encouraged the principals to contact the Planning Department to convey whatever information they have. Council Member Tait declared a conflict on this matter and stated he will not be voting on the motion. A vote was then taken on the foregoing motion. Council Member Tait abstained. Council Member Zemel was absent. MOTION CARRIED. 11 CITY OF ANAHEIM~ CALIFORNIA - COUNCIL MINUTES AUGUST 6~ 1996 C1. Discussion requested by Council Member Zemel regarding the right of Council Membersto have access to City documents, work-in-progress, and presentation materials, etc., and adjust policy accordingly so that such materials are made available on request. (This matter was discussed at the meeting of July 23, 1996 - see minutes that date - and sub-sequently continued to this date.) Mayor Daly. Since Council Member Zemel was unable to be present today, he is suggesting a two-week continuance on this item. MOTION. On motion by Mayor Daly seconded by Council Member Tait, the subject discussion was continued to August 20, 1996. Council Member Zemel was absent. MOTION CARRIED. C2. REPORT ON CLOSED SESSION ACTIONS: City Attorney White stated there was nothing to report. C3. COUNCIL COMMENTS: 114: INS UPDATE: Council Member Tait. There is going to be an INS Liaison Meeting this week. He would, therefore, like to agendize for the next meeting a status update on the INS situation as it now stands in Anaheim. 114: CHANGE OF VOTE - ITEM A2t - 7123/96: Council Member Tait. On Item A21. at the meeting of July 23, 1996 (see minutes that date), he was confused with an item on the Consent Calendar (A21.) having to do with the Implementation of 1996/97 Budget Changes - re: Resolutions on established rates of compensation for various classifications. He voted Yes when he meant to vote No. He is formally requesting that his Yes vote on Item A21 of 7/23/96 which approved Resolution Nos. 96R-137 and 96R- 138 be changed to a No vote on these two resolutions. City Clerk Sohl. She will see to it that the minutes/record reflects a No vote for Council Member Tait on that item. CITY MANAGER RUTH: Mayor Daly. Earlier he mentioned the recent surgery of City Manager Ruth. He would like to add they are expecting and are very much hopeful for a fast recovery from what is a very major surgery. Their thoughts are with the City Manager while he recovers and they look forward to seeing him back at the Council Meetings and at his desk sometime in September. In the meantime, they will be monitoring on a daily basis how he is doing. Assistant City Manager and staff will be keeping a tight reign on all City matters so that Jim's transition back to work will not be a difficult one. ADJOURNMENT: By general Council consent, the City Council Meeting of August 6, 1996 was adjourned. (7:19 P.M.) LEONORA N. SOHL CITY CLERK 12