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1996/05/07ICITY OF ANAHEIM, CALIFORNIA COUNCIL MINUTES MAY 7, 1996 The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Tom Tait, Bob Zemel, Frank Feldhaus, Lou Lopez, Tom Daly COUNCIL MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK: Ann Sauvageau POLICE CHIEF: Randy Gaston PUBLIC WORKS DIRECTOR: Gary Johnson CONTRACT ADMINISTRATOR: Jack Plake EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich DIRECTOR OF PARKS, RECREATION & COMMUNITY SVCS/GOLF: Chds Jarvi CIVIL ENGINEER-DEVELOPMENT SERVICES: Natalie Meeks BUDGET & AUDIT MANAGER: Bill Sweeney A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 11:30 a.m. on May 3, 1996 at the Civic Center Kiosk, containing all items as shown herein. Mayor Dally called the Workshop portion of the May 7, 1996 meeting to order and welcomed those in attendance, all Council Members being present (3:10 P.M.). City Manager, James Ruth. Today's presentation on the Police Substation will be given by Police Chief, Randall Gaston and the Amhitect, Holmes & Narver. He noted that the project will be going to bid within the next couple of months. He introduced Police Chief Gaston. 156: CANYON POLICE SUBSTATION: Police Chief, Randall Gaston. He referred to the scale model of the proposed substation which was displayed in front of the dais. A 3-D video will also be shown consisting of a simulated walk through of the substation to show the Council how it will actually appear upon entedng the facility and other areas of the facility, He then introduced Mr. Peter Oosdorf of the amhitectural firm or Holmes & Narver to desodbe the building. Mr. Peter Oosdorf, Holmes & Nan/er. What they have achieved is a building that fits into the context of the neighborhood. Working from the model, he described the facility's characteristics and amenities, He also showed the 3-D video which assisted in visualizing actual spatial relationships. He described the first and second floor, community room, the detention facility (6 cells), parking spaces, etc. Dudng his presentation, Mr. Oosdon' answered questions posed by Council Members for purposes of clarification relative to the parking, community room, capacity, landscaping, roofing materials, architectural style, circulation, ingress and egress, etc. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Chief Gaston also answered questions reporting that eventual occupancy of the facility will be approximately 160 - 100 sworn personnel and approximately 50 support personnel. All personnel will not be at the facility at the same time. However, there is the capability of extending an additional pad for parking should that be necessary. If events are held in the community reom, there will be direct access to parking. The additional easement was acquired through the Canyon Homeowners Association for that purpose. Mr. Oosdorf stated there is the possibility of adding 56 to 60 additional parking spaces (in that area) working from the model. Jack Plake, Contract Administrator. The project is tentatively scheduled to go to bid on June 20, 1996 with award of bid approximately July 20, 1996. Construction is anticipated to be 16 to 18 months with completion around November or December, 1997. Relative to funding, at present there is $6.6 million plus. He anticipates they will need all of those funds to complete the project. They currently have a commitment from the City Manager's Office for $1 million. The hope is that development activity in the canyon area will accelerate and, if so, they will be receiving additional fees which will assist in funding. Mayor Daly. He surmises there will be opportunities for more questions and discussion up until the date the contract is awarded which is approximately 10 weeks away. City Manager Ruth. Staff is pleased after a long struggle and a lengthy process including citizen involvement that the site was selected and the project is finally coming to fruition. The Chief and his staff have done an excellent job. The facility will be an asset to the City for many years to come. Chief Gaston, answering the Mayor, stated that the facility is designed to accommodate needs to 2015. It will eventually be serving a build-out population in the Hill and Canyon area of 80,000, up from the present 60,000. The size of the facility and staff requirements are in accordance with those figures. Mayor Daly. He thanked the Chief, his staff and Holmes & Narver for the informative and detailed presentation. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. 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. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Proparty: Anaheim Stadium Negotiating parties: City of Anaheim and Disney Baseball Enterprises, Inc. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: In re: County of Orange United States Bankruptcy Court Case No. SA-94-22272. CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) - EXISTING LITIGATION Name of case: Mataxas v. City of Anaheim, United States Distdct Court Case No. CV94-1145- RSWL CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - PENDING LITIGATION One case CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Dave Hill Employee organization: Anehim Fire Association RECESS: Mayor Daly moved to recess into Closed Session. Council Member Lopez seconded the motion. MOTION CARRIED. (3:34 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. ( 5:00 p.m.) INVOCATION: Moment of Silence. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - AWARDS TO ORGANIZATIONS RECEIVING GRANTS FROM THE ANAHEIM ARTS COUNCIL: Shidey McCracken, President, Anaheim Arts Council. It is her privilege today to present monetany grants to organizations and projects for the arts in Anaheim. This is the 24th year that the Arts Council has presented such awards having given a half million dollars back to the community during that time. She then briefed all of the activities and events put on by the Arts Council including the Annual Soiree, the proceeds of which are being contributed this evening amounting to $15,950 going to 13 organizations. Representatives of the following organizations were then presented with grants/awards: Anaheim City School District; Pearson Park Theater 'Just for Kids"; Anaheim Therapeutic Recreation Musical Theater, Anaheim Union School District; Anaheim Red Cross House; Artmobile; Auxilia D'Arts; Boys and Gids Club; Creative Company; Ebell Club of Anaheim; Harp Guild, Pacific Symphony Orchestra; Roston Creative Writing Project; Living Traditions- String Band Concerts Mayor Daly thanked Mrs. McCracken and the Arts Council. The Arts Council has a long and great tradition in the City. The City Council appreciates the fund raising done by the Arts Council and the process of sharing the profits of that fund raising with other organizations devoted to projects which are of beneffi to the whole community. 3 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 7, 1996 119: PRESENTATION - 1996 ClNCO DE MAYO QUEEN: Mr. John Kelly, Cinco de Mayo Committee. This year's Fiesta was one of the finest in the 20 years he has been associated with it. He thanked the Council, City employees and staff who again gave their time and talent to make the Fiesta such a success. The Fiesta is for the benefit of Anaheim and surrounding communities which this year included the City of San Clemente, the home of the Cinco de Mayo Queen, Carmelita Salinas. He then introduced and presented Ms. Salinas who was accompanied by representatives of the Committee as well as representatives of the City of Cruz Azul in Mexico. Queen Esmirelda of Cruz Azul accompanied Anaheim's Queen and was also introduced to the Council. Mayor Daly presented Ms. Salinas with roses and, along with Council Members, congratulated her and wished her well during her reign. He also thanked Mr. Kelly and the Committee for the excellent work they had done on the Fiesta as well as City staff and the Police Department. He welcomed the visitors from Cruz Azul which included their Director of Cultural Activities noting that it has been a tradition for a number of years for Cruz Azul to take part in the Cinco de Mayo Fiesta. 119: PROCLAMATION: The following proclamation was issued by Mayor Daly and authorized by the City Council: Recognizing May 5 - 11, 1996, as Hire-A-Veteran Week in Anaheim. Nancy Ise and Linda Lee, Local Veterans Employment Program Representative accepted the procJamation. RECOGNITIONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT ANOTHER TIME: 1. PROCLAMATION recognizing May 13 - 18, 1996, as Poppy Week in Anaheim. PROCLAMATION recognizing May 13 - 18, 1996, as National Public Works Week in Anaheim. 3. PROCLAMATION recognizing June 2 - 8, 1996, as Management Week in Anaheim. o PROCLAMATION recognizing May 12 - 18, 1996, as National Nursing Home Week in Anaheim. 5. DECLARATION recognizing Alden Esping upon his retirement from Loare High School. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,063,217.43 for the period ending April 29, 1996 and $2,744,184.83 for the period ending May 6, 1996, in accordance with the 1995.96 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5:35 p.m.) Mayor Daly reconvened the City Council meeting. (5:37 p.m.) CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 7, t996 ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: William Fitzgerald, 856 Turquoise Street, Anaheim 92805, Chairman 46th Congressional Distdct Representative of United We Stand for Amedca. Their organization does not believe it is a good idea to give tax dollars to a successful corporation to accomplish the Stadium deal. Angela Keefe, President and Business Manager, Hotel and Restaurant Workers Local 681. Local 681 represents about 5,000 hotel, restaurant and tourism industry workers in Anaheim. She is present to discuss the 140 workers they represent at the Anaheim Convention Center. They ara presently engaged in contract negotiations with Aramark, the concessionaire at the Convention Center. After giving some background history on the issue, she explained Aramark has come back to the bargaining table because they had to give the City a grant to get the Convention Center contract and not lose it to Ogden, Now they want the members to pay for the mistake they made and for the deal negotiated with the City and in order to do so are asking for take aways, threatening family health care coverage, and are asking for wage concessions. They fear a long and costly labor dispute at the Convention Center if Aramark's attitude does not change and if they do not deal fairly with their long-term employees. If a dispute develops at the Convention Center, it will have a negative impact. She urged the Council to do what they can to make sure they are all working for the benef'it of the City. Pat Ermeceda, 707 S. Alvy, Anaheim. He has worked at the Anaheim Convention Center for 21 years and is a member of Local 681 elected by his co-workers to serve on the negotiating committee for the current contract negotiations with Aramark. They started negotiating last year but agreed to a one-year extension because the City was accepting bids from other contractors. Now Aramark has won the bid for a 5-year contract and they are coming after the employees to make up the difference they gave to the City. Aramark told them they wanted the Anaheim contract in order to maintain their presence in the Southern California market. They made a bid that does not make them money and now they want long- term employees to make up the difference. Most members are barely getting by at present. They hope the Council will do what they can in order to avoid a major dispute at the Convention Center. The balance of speakers under Items of Public Interest spoke relative to the City of Anaheim Angels/Disney lease agreement relative to the Stadium. Their comments are summarized: Sonja Grewal, Anaheim. Having found a creative financial solution to the Angel/Disney dilemma, she feels this may be the way to get their new golf course club house built in the Canyon area, a new Canyon Library and more Police. She hopes they can find creative solutions and also demonstrate that they have not endangered the City's reserves. If so, perhaps the reserves are a way some of these needed public facilities can be accomplished. Patrick Quaney, resident of Fountain Valley and 14-year businessman in Anaheim. He is Local Issues Committee Chairman for United We Stand America in Orange County and is on the Committees of Correspondence. He urged that they submit the deal with Disney and the Angels to a vote of Anaheim citizens. Chris Van Gorder, President and CEO of Anaheim Memorial Medical Center, 1111 W. La Palma Avenue, Anaheim - President of the Anaheim Chamber of Commerce and one of the Co-Chairs of Anaheim Angels NOW. He is present to support the final approval of the Stadium agreements between the City and Disney and to insure Anaheim and Orange County residents and business people who support Disney and the Anaheim community are active and heard on this important community issue. 5 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 77 1996 He then referred to the City's Budget Advisory Commission vote on April 17, 1996 recommending that the City Council support the agreement. He has come before the Council representing no political interest or party and has no political ambitions but is present to demonstrate community pride and to help lead a group determined to keep the Angels in Anaheim under local ownership. He then elaborated on the positives that will and have accrued to the community because of the Angels and Disney and what it means and has meant to Anaheim. He believes the City has negotiated a great deal for Anaheim. He urged the Council to hold the course. Mr. Van Gorder then ciadfled questions posed by Council Member Zemel. He is representing the Chamber and himself, representatives from the Chamber who sit on the Budget Commission did have an opportunity to read the document, nobody from the Council or staff came and talked to the Chamber but the information was obtained through public information (newspapers), the $85 million figure came from the President of Chapman College who is an Economist, etc. Jim Townsend, 808 N. Pine Anaheim. In the 1960's, he led the fight against the Council's decision to build a Stadium without giving the people a chance to vote on it. He had no doubt if it was put to the voters that it would have passed. His point today is, 80% of the people in Anaheim will never set foot in the Stadium. They want to give the right to 20% of the people who are baseball and football fans. He is also a fan. He does not want five people deciding what is best and urged that they put the matter to a vote of the people. Gene Brewer, 1222 Lawlem, Santa Aha. He has been involved in the business and civic life of the Anaheim community for 34 years. He currently serves as Chair of the Budget Advisory Commission. He has previously written to the Council explaining the unanimous approval by the Commission of the terms and conditions of the Memorandum of Understanding (MOU) under discussion. Two days following the meeting, one of the Commission members wrote him explaining his reservations concerning his previously recorded affirmative vote on his stated belief that the Commission should not have been asked to render an opinion on the matter. He (Brewer) can think of no more qualified or interested group of citizens to do so. The Commission spent endless hours looking at the City's financial reserve status, sources of income and the way the City spends its revenue. The City has a substantial investment in a municipally owned sports complex. The investment is imperiled without long-term tenants in the complex. The complex needs to bo updated and modernized. They need to focus on actions that can enhance opportunities now and in the future and not put the City's previous investments at risk. They feel the currently negotiated agreement is, given the current cimumstances, equitable for the citizens of Anaheim. Council Member Zemel. He is confused as to the appropriateness and timing of the presentation to the Budget Commission. The Council already voted on the MOU bofore staff brought it to the Commission. He was not even aware it was submitted to the Commission orwhy it was submitted to the Commission after the Council took action. Mr. Brewer then answered questions posed by Council Member Zemel wherein he reported that all seven Commissioners were in the room when the presentation was made by staff to the Commission and were given the MOU. They went through the MOU for over two hours. The Commission has members who are experienced business people accustomed to looking at contracts. Outside of the people in the Press, no one else was present besides staff. Mayor Daly. He interjected and stated the Council is aware of the community meeting scheduled at the Convention Center at 7:30 P.M. on this subject and asked that the audience keep that in mind since there are a number of items that have to be acted upon at this portion of the meeting. Council Member Zemel. Two weeks ago, he said he would like to agendize discussion by the Council on whether or not they should have a Public Hearing on this matter or not. The airing of the Council Meeting took place six times or so on Multivision Cable. It was mentioned there would bo a public airing of the issue tonight. A lot of people are confused. Many people have showed up to discuss the matter and he does not know if they can bo at the 7:30 meeting. He would give the public as much of a chance CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY '1996 to speak and hold the other items in case they cannot make it to the 'Public Hearing" scheduled for later. If the Council has to go beck into session later, then that is what they will have to do. Brece Whitaker. He resides in Fullerton but is present on behalf of their taxpayer's organization, the Committees of Con'espondence. They will not be attending the later meeting because they believe this is a matter best discussed in ordinary legitimate City Council meetings. The Committee strongly opposes the Anaheim Stadium deal. Mayor Daly interjected and stated that the community meeting scheduled at 7:30 is a legitimate City Council meeting. No decisions will be reached at that meeting but it is a legitimate meeting designed to present facts and encourage public input and questions. Mr. Whitaker continued that they believe the Council owes it to the taxpayer's in the City to reopen the discussion of the deal and invite the public to participate fully, not in informal town hall meetings. He and the Committee urge the Council to reconsider the proposal and then negotiate from a position of strength that defends taxpayer's rights. Steve White, 856 N. Clementine, Anaheim speaking as a member of Anaheim H.O.M.E. He is present to support Reverend Sheldon's call for a full Public Hearing on what he considers the Anaheim Stadium 'giveaway". At the hearing on Westcot (the Disney expansion), the public listened for hours on end while employees, stockholders, shareholders and former employees filibustered until the Press and 90% of the crowd left the meeting before being given an opportunity to speak. Public business is best conducted in Public Hearings in City Hall. The pretection is, advanced public agendas, prior release of beckgreund materials, and also for public comments which were denied in the Westcot hearings and he suspects again tonight. They will not be participating the 'P-R' show tonight. Mayor Daly. He presided over the hearings on Westcot and remembers that Mr. White spoke at that time and was not denied the right to do so; Mr. White. They are looking for the protections of a Public Headng. He went to the City Clerk's Office and as with every Public Hearing, there is background material available prior to the meetings and not one sentence of beckground material is available in the ClenYs Office on this item. Mayor Daly. Tonight's meeting is not a Public Hearing, but a public meeting. Carol Waiters, 534 N. Schaeffer, Orange, Steering Committee, Committees of Correspondence. If the deal is so good, she urged the Council to let the people vote on it. Candy Nutto, 2245 Keys Ln., Anaheim. She referred to various newspaper articles on the proposal which quote different figures. She is concemed that none of the financial facts have been given to the public and asked how they are going to replenish the funds to the City. She speaks for quite a number of people that the matter go to a vote. Jeff Kirsch, 2661 W. Palais, Anaheim. He continues to review the MOU and has further questions. A previous question which he hopes will be answered tonight is regarding the captivity of electric purchases for the Stadium now provided by the City which would have a significant economic impact. He also referred to page 13 where it states that the tenant will pay the City $2 for each paid admission ticket to a home game in excess of $2.6 million attendees each year. If they are remodeling the Stadium down to 45,000 seats, that means there would have to be a minimum of 51 filled-to-capacity games before the City sees the $1. He questions if that will ever occur. He does support the proposal if it makes economic sense. He hopes to get his answers tonight or before a final vote. He posed additional questions before concluding. 7 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Tom Steel, 524 E. Center Street, Anaheim. He believes if the deal is not rescinded, in addition to the lost tax dollars to the citizens, it will further postpone any further opportunity of ever seeing a pro football team in the City. PUBLIC COMMENTS - AGENDA ITEMS: Public input was received on Item AS (see discussion under that item). MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of May 7, 1996. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Mayor Daly, seconded by Council Member Feldhaus, 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-60 through 96R-63, beth inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management a. Claim submitted by Paul Ramirez Rea for property damage sustained purportedly due to actions of the City on or about November 22, 1995. b. Claim submitted by Karen Milligan for property damage sustained purportedly due to actions of the City on or about March 3, 1996. c. Claim submitted by Sara Linda Alicia Tamillo for property damage sustained purportedly due to actions of the City on or abeut March 16, 1996. d. Claim submitted by Dewanna Gipson, for minor son Prentis Gipson for bodily injury sustained puq~ortedly due to actions of the City on or about January 31, 1996. e. Claim submitted by Gary R. Stratton for bodily injury sustained purportedly due to actions of the City on or about March 19, 1996. f. Claim submitted by Taunya LaBorde for property damage sustained purportedly due to actions of the City on or about April 2, 1996. g. Claim submitted by Michelle L. Anderson for property damage sustained purportedly due to actions of the City on or about Mamh 21, 1996. h. Claim submitted by Georgia L. Crosby for property damage sustained purportedly due to actions of the City on or about August 25, 1995. 8 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 A3. A4. AS. 105: Receiving and filing minutes of the Community Redevelopment Commission meetings held January 3, 1996, Janurary 17, 1996, February 14, 1996, and Mamh 20, 1996. 105: Receiving and filing minutes of the Budget Advisory Commission meeting held March 20, 1996. 140: Receiving and filing minutes of the Anaheim Public Library Monthly Statistical Report for the month of March, 1996. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 27, 1996. 105: Receiving and filing minutes of the Anaheim Pdvate Industry Council meeting held March 28, 1996. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for nine months ended March 31, 1996. 169: Awarding the contract to the lowest responsible bidder, Mobassaly Engineering, Inc., in the amount of $832,449.30 for Lincoln Avenue Street Improvements, Beach Boulevard to Western Avenue; and in the event said Iow bidder fails to comply with the terms of the award, awarding the contract to the second Iow bidder, as well as waiving any irregularities in the bids of both the Iow end second Iow bidders. 176: RESOLUTION NO. 96R-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE AND TIME TO CONSIDER ABANDONING THAT CERTAIN ALLEY LOCATED BETVVEEN EUCLID STREET AND FAIRHAVEN STREET EXTENDING NORTHERLY FROM A POINT APPROXIMATELY 90 FEET NORTH OF THE CENTERLINE OF WESTMONT DRIVE (ABANDONMENT NO. 95-7A). (Suggested public headng date: June 4, 1996, at 6:00 p.m~) 168: RESOLUTION NO....L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RENAMING MANCHESTER AVENUE AND CLEMENTINE STREET TO FREEDMAN WAY DUE TO THE FUTURE WIDENING OF THE SANTA ANA FREEWAY AND ESTABLISHING THE DATE OF SAID NAME CHANGE. (Effective February, 1998.) Joyce Young, 1630 S. Clementine, Anaheim. She is concerned that relative to the name change, there are 20 businesses on the two blocks that will be affected. Such a change will create substantial costs to the businesses involved. She referred to her letter dated May 7, 1996 which listed all of the businesses that will be affected and requesting that they not change and rename Clementine Street because of the negative impact (letter made a part of the record). Council Member Lopez asked if it was the responsibility of the City to absorb the costs involved with the name change including reprinting of business cards, lette eads, etc. City Attomey, Jack White. The situation has come up in the past and he has previously issued the opinion that the City is legally not obligated to reimburse the property owners. There is no authority in the law to offer such a reimbursement. It could be at the discretion of City govemment if it so chose based upon the finding of public pu~oose but in the past, it has not been done. Mayor Daly. He believes there will be further discussion on the matter in the future. He asked for clarification if there will be future agenda items on this subject. 9 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 7, 1996 Gary Johnson, Public Works Director and City Engineer. He clarified that this was the final action. They just heard from the public this afiemoon and have not had an opportunity to thoroughly discuss the impact on the businesses in this vicinity. Staff has requested a two-week continuance to talk to the business owners to ascertain what the costs may be and come back with some recommendations to the Council at a later date. Sharon Lesk, Leo Freedman Foundation. The proposed resolution is not exactly correct. In her discussions with the City Engineer, the request was to change Clementine to the cul de sac just north of current Freedman Way. There was a letter from Odetics, an international company, regarding the hundreds of thousands of dollars it would cost if they had to change their address. She talked to Mr. Johnson and agreed to renaming just to the cul de sac north of cun'ent Freedman Way. As to the other business owners on the street, the name change would take effect in 1998. She does not know how frequently people reorder letterhead or other business documents. She would ask the City to work with the businesses with the idea of a target date of February, 1998 when the current Freedman Way is going to be named Disney Way. She is more than willing to work with the small business owners. Odetics had a peculiar situation. Mayor Daly. They will ask staff to make sure all terms are worked out and look forward to working with Mrs. Lesk until the situation is resolved to everyone's satisfaction. Item A5 was continued for two weeks. 169: RESOLUTION NO. 96R-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO ALLOCATE COMBINED TRANSPORTATION PROGRAM FUNDS ($67,000) FOR ORANGEWOOD AVENUE AT THE I-5 FREEWAY (ORANGEWOOD AVENUE UNDERCROSSING IMPROVEMENTS AT THE I-5 FREEWAY.). A7. 000: Approvieg the reduction of the Anaheim Stadium Business Center Interim and Shortfall Development Area fees by 83% for property located at the southeast comer of Douglass Road and Katella Avenue. A8. 123: To consider an Agreement with Orange County Transportation Agency, and the Negative Declaration pursuant to CEQA findings prepared by the California Department of Transportation for the functional relocation and replacement of Fire Station No. 3 from 580 South Clementine Street to the southeast comer of the Grand Hotel parking lot. Staff requested continuance of this item to May 14, 1996 Ag. 160: Accepting the Iow bids of Xerox Corporation, in an amount not to exceed $21,076.78 and Kirk Paper Company, in an amount not to exceed $5,892.48 for an aggregate total not to exceed amount of $26,969.26 for computer paper as required for the period July 1, 1996 through June 30, 1997, in accordance with Bid #5516. Al0. 160: Accepting the Iow bid of BICC Utility Cable Company, in an amount not to exceed $57,183 for 70,000 feet of #2 URD pdrnary wire, in accordance with Bid #5506. All. 160: Accepting the bid of All Seasons Tire & Auto Centem, Inc., in an amount not to exceed $72,527 for Goodyear police vehicle tires as required for the period of July 1, 1996 through June 30, 1997, in accordance with Bid ~5526. A12. 160: Accepting the Iow bid of Adamson Industries, in an amount not to exceed $74,250 for flares as required for the period July 1, 1996 through June 30, 1997, in accordance with Bid #5514. 10 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY '1996 A13. 160: Accepting the bid of Manhole Adjusting, Inc., in an amount not to exceed $140,000 for manhole and water valve adjusting for a pedod of one year commencing July 1, 1996, with the options to renew for an additional three years, in accordance with Bid #5493. A14. 160: Waiving Council Policy 306, and authorizing the Purchasing Agent to issue a Purchase Order to Homac Company c/o Matzinger-Keegan, Inc., in an amount not to exceed $130,000 for electrical connectors and parts, as required for a two year period beginning May 15, 1996 through April 14, 1998. A15. 123: Authorizing the execution of a First Amendment to Agreement with Artistic Maintenance, Inc., in an amount not to exceed $41,993 for the period of June 1, 1996 through May 31, 1997 for landscaping services of the tree wells at various locations throughout the City of Anaheim, in accordance with Bid #5253. A16. 113: RESOLUTION NO. 96R-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (HOUSING AND FISCAL DIVISIONS OF THE COMMUNITY DEVELOPMENT DEPARTMENT.) A17. 174: To consider the FY 1996/97 One-Year Action Plan for CDBG HOME and ESG, and authorizing the Executive Director of the Community Development Department to execute the required certification and submission documents. Council Member Zemel. He asked for a two-week continuance on this item in order to review it more thoroughly. Lisa Stipkovich, Executive Director of Community Development. A two week continuance would not cause a problem for staff as long as there is a vote on the matter at that time in order to meet the deadline. MOTION. Council Member Zemel moved for a two-week continuance on Item A17. Mayor Daly secondod the motion. MOTION CARRIED. A18. A19. 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. 113: RESOLUTION NO. 96R-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE RECORDS RETENTION SCHEDULE, AS AMENDED, FOR THE FINANCE DEPT. 106: Approving the schedule for review and adoption of the proposed 1996/97 budget, and setting public headng regarding said matter for June 4, and June 11, 1996, at 2:00 p.m. 123: Approving an Agreement with Pacific Bell to permit patrons of the Pearson Park Theater to use the enclosed parking lot located at Lincoln Avenue and Anaheim Boulevard for Pearson Park Theater events, at no cost to the City. 181: Approving a request from the Anaheim Arts Council for co-sponsorship in the amount of $5,000 for the 4th annual Anaheim Children's Festival at the Koll Anaheim Center on Saturday, May 25, 1996. 11 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 1996 123: To consider approving an Agreement with Nancy Mooslin, Sandra Rowe and Steven Stucky, in the amount of $100,000 for artistic services to complete artwork at the Anaheim Arena in accordance with the Anaheim Arena Art Plan. Council Member Zemel. As with Item A17., he is requesting a two-week continuance on this item to give an opportunity to review it more thoroughly. Chds Jarvi, Director of Parks and Recreation. This item had been timed to be ready to preview at the opening of the Mighty Ducks Season. If it is held over, it might very well be they will not make that date but that is the only consideration. He confirmed that the money will not go away. City Manager Ruth. It is not City funding but comes from the Arena fund. It was part of the bend for the Arena itself. They are required to set aside a certain amount of money for artistic improvements and this is part of that program. Council Member Feldhaus. The Council had the opportunity to review the other two pieces of art. He never sew the art plan and it is also not apparent that the Arts Council was involved. He would like an opportunity to see the plan especially since he is Council Liaison to the Arena. Chds Jarvi. The Arts Council was represented. There is a public committee that was used -- the same committee used through the development of the other two art pieces and the Arts Council is represented on that committee. They did not share the concept but will do so between now and when it comes up again in two weeks. MOTION. Council Member Zemel moved to continue Item A23. for two weeks. Mayor Daly seconded the motion. MOTION CARRIED. 123: Approving a First Amendment to Agreement with the Magnolia Elementary School District for the Use of Distdct property at Schweitzer Park. 123: Approving an Agreement with Orange County for Urban Park Funds, in the amount of $250,000 for the Downtown Community Center project; and authorizing the Mayor to sign said Agreement. 106: Approving the increase in appropriations expenditure account 728-411-5263-7825 and revenue account 728-411-5262-5797 by $250,000. 123: Approving an Agreement with Orange County for Urban Park funds, in the amount of $45,000 for perk equipment at Boysen, Brookhurst, and Sage Parks; and authorizing the City Manager to sign said Agreement with the County. 123: Conditionally approving an Agreement with the Anaheim YMCA to provide funding in the amount of $45,000 for operational programming and instructing the City Manager to sign said Agreement once the Orange County Agreement has been approved by the Boa 0f Supervisors. 106: Approving the increase in appropriations expenditure account 101-213-4283-9705 and revenue account 101-213-4283-1823 by $45,000. 150: Accepting a donation of $2,911.38 from the Madeline Evans Memodal Fund Committee to develop accessibility improvements at Maxwell Park Play Area; and appropriating $2,911.38 into the Parksites and Playgrounds Fund (216 Fund), expenditure account 216-21 3-4743-2029, and revenue account 213-21 6-4743-9605, for the improvement costs. 12 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 152: Authodziog the Human Resources Director to approve requests for full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out, with the concurrence of the City Manager and appropriate Department Head. A29, 156: Receiving and filing the Community Policing Report presented by the Chief of Police for the year ending 1995. Police Chief, Randall Gaston. He referred to the Community Policing Report - Year End, 1995 submitted under his memorandum of May 7, 1996. Their ability to move into a Community Policing Program was only made possible when the Police Department received 31 additional officers. It would be wrong to say the Police Department alone produced the positive results. The department acts as a catalyst in the odginal eight neighborhoods they went into and have now added three more. The success of the program thus far is attributable to the partnerships that the officers on a daily basis have been able to create and the cooperation and involvement of many other City departments. He then introduced the officers and other Police Department staff who work in and are responsible for the program. He noted in concluding that Anaheim is the envy of many cities relative to the Community Policing Program. A30. A31. 101: Authorizing the Stadium General Manager to issue Notice of Termination letters to Orange County Arena Football, LLC and Newport Entertainment Incorporated, in accordance with the current Tenant Sublease Agreements providing office rental within the Gate 6 office building at Anaheim Stadium. 114: Approving minutes of the Anaheim City Council meetings held April 16, 1996, and April 23, 1996. Roll Call Vote on Resolution Nos. 96R-60 throu;ih 96R-63, both inclusive, for ador)tion: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-60 through 96R-63, both inclusive, duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED (Item A5. was continued for 2 weeks; Item A8. was continued one week; Item A17. and A2.3. was continued for two weeks). A32. 121:$:00 P.M. HEARING. AUTHORIZING THE CONDEMNATION OF CERTAIN REAl PROPERTY: To consider the adoption of the following resolutions finding and determining the public interest and necessity for acquiring, and authorizing the condemnation of certain real properties located in the Anaheim Resort Area; and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. 13 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 7, '1996 Submitted was report dated Apdl 29, 1996 from the Public Works Department recommending adoption of the proposed resolutions for the nine properties as follows: Zaby's Motor Lodge, 1820 S. Harbor Blvd.; ETC Anaheim, 1831 S. Harbor Blvd.; Holiday Inn of America, 1850 and 1870 S. Harbor Blvd.; Fujishige, Trustee, 1854 S. Harbor Blvd.; Anaheim Hotel Association, 1855 S. Harbor Blvd.; Raffle's Inn Investor Grup, 2040 $. Harbor Blvd.; Scotty's Food Center, 2060 S. Harbor Blvd.; Southern Califomia IBEW- NECA Pension, 2083 S. Harbor Blvd. and Transworld Management, Ltd., 616 W. Convention Way. Mayor Daly opened the hearing(s) on the nine separate proposed acquisitions of property by eminent domain in connection with the Anaheim Resort Area Improvement and Beautification Program. The properties are identified as items 'a' through '1' under Agenda Item A32 and are legaly described in the nine resolutions attached to the subject staff report. The Mayor then asked first to hear from staff. Natalie Meeks, Civil Engineer. She briefed the staff report dated April 29, 1996 which explained the need for acquiring the subject properties. She noted that staff plans to continue negotiating with all property owners to try to reach an agreement with them. Several property owners have indicated a verbal willingness to accept the offers, but executed documents have not yet been received. Staff recommends proceeding with the resolutions tonight on the nine properties. Mayor Daly. In conducting the hearing, testimony will be taken separately on each of the nine proposed acquisitions and Council will hear from the owner of record or a designated representative for each property. Testimony should be limited to the following issues only: 1. Whether the public interest and necessity require the project. 2. Whether the project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired is necessary for the project. 4. Whether the offer required by Government Code Section 7267.2 has been made to the owner or owners of record. Mayor Daly opened the headng and invited the owner or representative for the property described as Zaby's Motor Lodge, 1820 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next hearing and invited the owner or representative for the property described as ETC Anaheim, 1831 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next hearing and invited the owner or representative for the property described as Holiday Inn of Americo, 1850 and 1870 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next hearing and invited the owner or representative for the property described as the Fujishige, Trustee property, 1854 S. Harbor Blvd. to address the Council. City Clen~ Sohl announced that correspondence was received from the Attorney for the Fujishige family, Raymond T. Fujii dated May 7, 1996 by FAX at 4:00 P.M. which was copied and given to the Council; Mayor Daly acknowledged that the Council had received the letter. City Attorney White. The letter will be entered into the record of the headng. It is primarily directed to the issue of just compensation and the offer that was made by the City. The final offer as required by the Government Code Sections referenced in the letter has been made and the City's opinion is that represents fair and just compensation to the owner. However, as previously indicated by Public Works 14 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 7, t996 representatives, the City will continue to discuss the issue of compensation with the property owner on this or any of the other properties being acquired between now and the time that the matter would end up going to court. Since no one came forward to speak on the Fujishige property at 1854 S. Harbor Blvd., the hearing on this property was closed. Mayor Daly opened the next hearing and invited the owner or representative for the property described as the Anaheim Hotel Association, 1855 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next hearing and invited the owner or representative for the property described as the Raffle's Inn Investor Group, 2040 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next headng and invited the owner or representative for the property described as Scotty's Food Center, 2060 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the next headng and invited the owner or representative for the property described as Southern California IBEW-NECA Pension, 2083 S. Harbor Blvd. to address the Council; since no one came forward to speak, he closed the hearing on this property. Mayor Daly opened the final hearing and invited the owner or representative for the property described as Transwo~ld Management, Ltd., 616 W. Convention Way to address the Council; since no one came forward to speak, he closed the hearing on this property. City Attorney White. At this time, it would be appropriate for the Council to consider the nine resolutions prepared for the properties in question now in front of the Council for action. Staff recommends adoption of all nine resolutions which can be done by offedng them all at one time or separately. Mayor Daly offered Resolution Nos. 96R-64 through 96R-72, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO. 96R-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (ZABY'S MOTOR LODGE, INC., PROPERTY AT 1820 S. HARBOR BLVD.) RESOLUTION NO. 96R-65: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (ETC ANAHEIM.) RESOLUTION NO. 96R-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (HOLIDAY INN OF AMERICA.) 15 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 7, 1996 RESOLUTION NO. 96R-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (FUJISHIGE, TRUSTEE.) RESOLUTION NO. 96R-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (ANAHEIM HOTEL ASSOCIATION.) RESOLUTION NO. 96R-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (RAFFLE'S INN INVESTOR GROUP.) RESOLUTION NO. 96R-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (SCOTTY'S FOOD CENTER.) RESOLUTION NO. 96R-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. (SOUTHERN CALIFORNIA IBEW - NECA PENSION.) RESOLUTION NO. 96R-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING, AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTIES. ('FRANSWORLD MANAGEMENT, LTD.) Roll Call Vote on Resolution Nos. 96R-64 throuqh 96R-72, both inclusive, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution Nos. 96R-64 through 96R-72, both inclusive, duly passed and adopted. ITEMS Bt - B4 FROM THE PLANNING COMMISSION MEETING OF APRIL t$, 1996: INFORMATION ONLY -APPEAL PERIOD ENDS MAY 7~ 1996: BI. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3831 ANn NEGATIVE DECLARATION: OWNERS: BOB LONG AND SHARON LONG, 20312 Via Oporto, Yorba Linda, CA 92686 DALE DUFAULT, 12002 Loraleen, Garden Grove, CA 92641 AGENT: JOHN SWINT, 707 W. North Street, Anaheim, Ca 92805 LOCATION: 273 and 275 North Manchester Avenue and 214 North Loam Street.. Property is approximately 0.72 acres located at the southeast comer of Manchester Boulevard and Loaro 16 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Street and further described as 273 and 275 North Manchester Avenue and 214 North Loara Street. To permit a 3-sto~j, 28,254 square foot animal kennel with waivers of minimum structural setback and minimum landscaped setback. ACTION TAKEN BY THE PLANNING COMMISSION; CUP NO, 3831 GRANTED (PC96-35) (7 yes votes). Waiver of code requirement APPROVED. Approved Negative Declaration, B2. 179: WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 3833 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA STATE TEACHER'S RETIREMENT SYSTEM, 7667 Folsom Blvd, Sacramento, CA 95826 AGENT: DONAHUE SCHRIBER, Attn.: Emie Weber, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660 LOCATION: 600 North Euclid Street ( Anaheim Plaza Regional Shopping Center - North Site). Property is approximately 9.02 acres located at the north east comer of Crescent Avenue and Euclid Street and further described as 600 North Euclid Street. To permit an outdoor garden center and storage area in conjunction with a major retail home improvement canter with waiver of limitations on permitted uses and structures (deleted). ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3833 GRANTED, IN PART, (PC96-36) (7 yes votes). Waiver of code requirement was deleted so there was no action taken. Approved Negative Declaration. B3. 179: CONDITIONAL USE PERMIT NO. 3832 CATEGORICALLY EXEMPT CLASS 14: OWNER: KENNETH HOLT, 1557 West Mable Street, Anaheim, CA 92802 AGENT: DAVID JACKSON, 1557 West Mable Street, Anaheim, CA 92802 LOCATION: 1557 West Mable Street (Fairmont Private School). Property is approximately 2.15 acres located on the north side of Mable Street approximately 420 feet east of the cantedine of Loara Street and further described as 1557 West Mable Street. To permit a temporary modular classroom trailer in conjunction with the relocation of an existing teacher's lounge. ACTION TAKEN BY THE PLANNING COMMISSION: CONDITIONAL USE PERMIT NO. 3832 GRANTED, for five years, to expire on April 15, 2001 (PC96-37) (7 yes votes). B4. CONDITIONAL USE PERMIT NO. 3791 AND NEGATIVE DECLARATION: OWNER: CALIFORNIA DRIVE-IN THEATRES, INC., Attn.: A. Terrance Dickens, 120 North Robortson Boulevard, Los Angeles, CA 90048 LOCATION: 1520 North Lemon Street (Anaheim Ddve-ln Outdoor Swap Meet). Property is approximately 23.13 acres located at the southeast comer of Durst Street and Lemon Street and further described as 1520 North Lemon Street. Petitioner requests deletion or modification of a condition of approval pertaining to days of operation for a previously-approved outdoor roller hockey facility to operate on a daily basis. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3791 APPROVED request to permit the facility to operate on a daily basis rather than on weekends only (PC96-38) (7 yes votes.) Negative Declaration previously approved. END OF THE PLANNING COMMISSION ITEMS. 17 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 77 1996 · BS. ORDINANCE NO. 5562 Amending vadous Sections of Title 18 of the Anaheim Municipal Cede relating to Zoning (Large Family Day Care Homes). (Introduced at the meeting of April 23, 1996, Item, B3). Mayor Daly offered Ordinance No. 5562 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5562: AN ORDINANCE OF THE CITY OF ANAHEIM_AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (LARGE FAMILY DAY CARE HOMES). Roll Call Vote on Ordinance No. S$$2 for adootion: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5562 duly passed and adopted. ITEM B6 FROM THE ZONING ADMINISTRATOR MEETING OF APRIL t8. 1996: DECISION DATI~ MAY 3. 1996: INFORMATION ONLY APPEAL PERIOD ENDS MAY 13~ 1996: B6. 179: SPECIAL CIRCUMSTANCES WAIVER 96-02: LOCATION: 700 West Convention Way (Anaheim Marriott) Special Circumstances Waiver to allow additional special events. ACTION TAKEN BY THE ZONING ADMINISTRATOR: APPROVED by the Zoning Administrator DI. 176: PUBLIC HEARING - ABANDONMENT NO. 95-1A: In accordance with application filed by Fixture Design and Manufacturing Co., 2301 E. Winston Road, Anaheim, Ca. 92806, a public Healing was held on the proposed abandonment of Talt Avenue and North of Winston Road pursuant to Resolution No. 96R-96R-47 duly published and notices thereof posted in accordance with law. Report of the City Engineer dated March 21, 1996, was submitted recommending approval of said abandonment. At their meeting of April 9, 1996, the Anaheim City Council adopted Resolution No. 96R-47 declaring its intention to vacate certain public streets, highways and sen/ice easements and setting a date and time to consider the subject abandonment. Natalie Meeks, Civil Engineer summarized the reason for the requested.abandonment. Mayor Daly opened the Public Headng and asked if anyone wished to speak. 18 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Mr. Bob Merriam, Fixture Design, 2301 E. Winston Road, Anaheim, Applicant for the abandonment. There are no comments but he is present to answer any questions. He confirmed that Fixture Design is in support of the proposed abandonment. There being no further persons who wished to speak, Mayor Daly dosed the Public Headng. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Council Member Daly, seconded by Council Member Feldhaus, the City Council finds that the proposed activity fall within the definition of sections 3.01 Class 5 of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. MOTION CARRIED. Mayor Daly offered Resolution 96R-73 for adoption, Approving Abandonment 96-1A. Refer to Resolution Book. RESOLUTION NO. 96R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM VACATING TALT AVENUE NORTH OF WINSTON ROAD (ABANDONMENT NO. 96-1A ). Roll Cell Vote on Resolution No. 96R-73, for adoption: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None The Mayor declared Resolution No. 96R-73 duly passed and adopted. Cl. 101 Discussion - requested by Council Member 7..emel and concurred in by Mayor Daly at the meeting of April 23, 1996 concerning public information opportunities regarding the proposed Stadium lease extension with the California Angels. City Clerk Sohl. She explained that relative to this item, Council Member Zemel clearly in the minutes requested that the Council discuss a Public Hearing. In her attempt to make the agenda more generic, she was searching for language between his (Zemel's) and the Mayor's at the last meeting. The minutes do reflect that Council Member Zemel was requesting a Public Hearing. Council Member Zemel. Two weeks ago, he asked for a discussion, whether the Council would have a Public Hearing or not, and towards the end of last week, he discovered they were having one. However, he is still confused. He understood eadier this was a Public Headng they were going to be adjourning to and then heard the Mayor say it is not a Public Hearing. Some staff tell him it is, and others that it is not. He asked to know what is going on. Mayor Daly. The situation has come up over the years. In government, there are distinctions on what is described as a meeting and what is a hearing. He asked to hear from the City Attorney. 19 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 City Attorney White then explained the difference between a Public Headng and a public meeting prefacing his remad~s that sometimes lawyers use the phrase, distinction without a difference. Dudng the course of his explanation, questions were posed by Council Members for purposes of clarification, In summation, Mr. White explained when City Attorneys use the term, Public Headng, they are talking about a statutory requirement, i.e., holding a headng and giving notice in a certain way. A public meeting is where public testimony is also taken as required under the Brown Act but without the specific type of notice required with a Public Headng. Typically, land use items require a Public Headng where the property owner has a right by law to be notified before action is taken as well as surrounding property owners within a certain number of feet. Mayor Daly explained for Council Member Zemel how the item, the reconvened meeting at the Convention Center, was placed on the agenda. He placed it on the agenda through verbal instructions to the City Cled~ as the City Charter requires. City Cled( Sohl. The Charter gives the Mayor or three members of the Council the ability to call a special meeting. Notice for a special meeting is 24 hours in advance. In this case, she believes she left telephone messages on Thursday and, in any event, the Friday agenda process would be more than 24 hours in advance. Mayor Dsty. Two weeks ago, there was a desire expressed for additional opportunities for public participation and input regarding the proposed Anaheim Stadium/Angels-Disney agreement. He agreed with this request, and consistent with that, decided to schedule a public meeting this evening to accommodate a full presentation by City staff as well as to get public comments and questions with no decisions to be made this evening. He has served on the Council for eight years and this is the first time a scheduled meeting of this sort has been held solely for the purpose of laying out facts and figures and then inviting citizens to ask questions. Any decisions that will be requested of the Council by the City Manager will be at a future Council meeting according to regular City procedures. Council Member Zemel. Under his discussion item, his concem is the difference between the two and he feels there is a big difference in the fact that they are going to do a nice presentation, but he questioned to who. He noted that the Register and Times carried a "tidbit' on the public meeting for tonight on pages B6 and B8 of their newspapers respectively. He didnl even see it. The way someone would find out about the meeting is on the agenda, but if the public watched the meeting on Multivision Cable, they would have heard that tonight the Council was going to discuss whether or not to have a Public Hearing. There would have been no reason to come and pick up an agenda. If they are not going to give people 10 day's notice as required in land use issues so that people can make arrangements in order to be able to attend the meeting, they should not say they ara going through the effort of giving a public presentation. He then asked if when the renovation of the stadium for dual usage took place in 1980 was there a Planning Commission meeting on the subject. Since the answer was not readily available, Council Member Zemel asked if it could be researched and to let him know; City Clerk Sohl stated she would do so. Council Member Zemel. The Council had an opportunity to fulfill a commitment they made, i.e., bring the public the information and let them be part of the issue, To put it together in the fashion it was, he feels, flys in the face of that public awareness and notice. He is going to make a motion that the meeting tonight be the first in a series of public awareness meetings, the last being a Public Headng on the process and let the people have significant input. Subsequently, in order to simplify matters, he (Zemel) offered the following motion. MOTION. Council Member Zemel moved that there be one more meeting witl~ sufficient notice to the public to give an opportunity for the public to schedule their home lives in order to be present. 20 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Council Member Tait. He is going to withhold a second to see how the meeting goes tonight and to determine if it is a fair process. The motion died for lack of a second. C2. COUNCIL COMMENTS: There were no Council Comments C3. REPORT ON CLOSED SESSION ACTIONS: City Attomey Jack White stated that there are no actions to report. Adjourn to the Anaheim Convention Center, 800 West Katella, Room B - reconvene at 7:30 P.M. concerning the proposed amended and restated lease agreement between the City of Anaheim and California Angels, L.P., relating to the use and restoration of Anaheim Stadium. Mayor Daly moved to adjourn. Council Member Feldhaus seconded the motion. Motion Carded. (7:19 P.M.) 101: COMMUNITY UPDATE: Concerning the proposed amended and restated lease agreement between the City of Anaheim and California Angels, L.P., relating to the use and restoration of Anaheim Stadium. Mayor Daly welcomed those in attendance to the reconvened Council Meeting at 8:00 p.m.. There will be a sedes of presentations by City staff members who have worked on the Stadium matter as well as consultants and guests from Disney Sports Enterprises and Major League Baseball. The presentations will take approximately 45 minutes following which there will be an opportunity for the public to ask questions and make comments. No decisions will be made this evening. He then introduced City Manager, James Ruth. City Manager, James Ruth. He prefaced his remarks by stating this is another major milestone in the history of the City and for the people who have worked on the project for the past several months. The proposed lease agreement between the City and Disney Sports Enterprises has important implications. It involves the future of major league baseball in Anaheim, the future of professional football in Anaheim, the future of Anaheim Stadium itself, development in the parking lot, the future of Sportstown, the future of tourism and entertainment in the City, and the future of the City's financial health. That is why it is important for everyone to undemtand how they ardved at where they are today. In order to appreciate the agreement being considered, it is vital flint to understand the State of the City at this time. Mr. Ruth's presentation then covered the State of the City, first noting that he is proud to say staff will be submitting a balanced budget for 1996-97 with no use of one-time money or reserve funds. The State of the City at this stage reflects they are in a strong fiscal position, meeting their objectives in the community and responding and being responsive to neighborhood needs, community needs and quality 21 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 of life issues at the same time attempting to merchandise one of the great assets in the City, Anaheim Stadium. He also explained that about the same time the Angels were put up for sale, in January of this year as a result of studies that were commissioned, the City unveiled Sportstown, continuing Anaheim's tradition of creating unique and innovative development opportunities and possibilities for the private sector. As will be shown in Dan Young's presentation (The Spectrum Group, the major firm that did the design and planning for the stadium area) the City has preserved its vision for development of the stadium property including football while also meeting Disney's vision. VVhile baseball is #1, football has not been forgotten. The City is presently working on a proposal to be submitted to the NFL sometime early September that will be competitive in their efforts to bring football back to Anaheim. In the proposed agreement the City has met all the initial objectives of attracting professional sports and maximizing development wihout placing any additional burdens on the City's taxpayers. Before continuing, Mayor Daly introduced those present on the dais: Tony Tavares, President, Disney Sports Enterprises; Dr. James Doff, President, Chapman University; Stewart Rog, Deloitte and Touche; Dan Young, The Spectrum Group; Bill Sweeney, Anaheim Finance Director; Bill Schweitzer, Major League Baseball's American League Counsel. The following then spoke and gave presentations in the area of expertise as indicated: Tony Tavares, President, Disney Sports Enterpdsas - The Future of Anaheim Stadium. He prefaced his remarks by stating he is not present to talk about politics but about business and the business deal being proposed to the City. It is a deal he believes is unparalleled in sports and is outstanding for the City and its residents. Looking at the deal being proposed to Anaheim and comparing it to anything else at the national level, the City Council and staff have done an outstanding job in representing the citizens. Mr~ Tavares' presentation covered the history of how they got started with the whole proposal and what has transpired since. He also presented slides showing existing conditions at the Stadium and subsequently renderings and concepts of what the facility will look like after renovation along with all the amenities planned. In concluding his extensive presentation, Mr. Tavares stated the agreement takes a 35-year old facility and updates it to one of the best in the country and Anaheim's name will be part of that. Dr. James Doti, President, Chapman University, Economist - The Economic Impact of the Angels on the Community. The agreement between the Angels, the Disney Company and the City of Anaheim is not a win-lose situation, but a win-win-win-win for the Angels, the Disney Company, for the City of Anaheim, and Orange County. There will be a combined impact of 85.4 million. Just for the City of Anaheim, a conservative estimate is 10.6 million a year not including the impact of the construction and renovation of the stadium. He then elaborated on the specific factors justifying his economic analysis. He concluded that the area needs a pro-basaball team and Disney 'magic" will make it an exciting and winning team. Stuart Rog, Principal, Deloitte & Touche - The Business of Baseball. He also serves as the National Director of their Sports and Entertainment Facilities consulting practice. They have been involved in development of 100 stadium and arena facilities across the country particularly as it relates to baseball and specifically, Oriole Park, Jacobs Field and Comiskey Park, The predominant client base for their has always been tl e public sector, specifically those three baseball stadiums. He has been asked to give a national perspective on the development of baseball stadiums. Mr. Rog's presentation was supplemented by slides. He spoke on the current major league baseball environment upon which the proposed deal has been struck. One of the major points of Mr. Rog's extensive and detailed presentation was the fact that of all five of the recently opened stadiums, which he feels are the only ones that can be talked about today, (Coors Field (Rockies), Jacobs Field (Cleveland), The Ball Park in Arlington (Rangers), Comiskey Park (Chicago), Oriole Park at Camden Yards (Baltimore Orioles), the financing plan has consisted mostly of public money, from 75% up to 98.6%. In Anaheim, the proposal is 20% public financing and 80% private financing. 22 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY '1996 In concluding his presentation, Mr. Rog pointed out from a slide (Stadium Development and Operating Risks) that most of the risks are on the team's shoulders and the overall industry risk is with the team. Hopefully, the Disney organization will also recapture all of the attendance the Angels have lost and bring it beck to the high 2.5 to 3 million range. If not, the risk will be with the franchise and the Disney organization. Bill Schweitzer, Chief Counsel, American League - How the Anaheim Stadium Lease Agreement Compares to Other Agreements. He has been the League's Counsel for six yearn and has worked on almost every one of the new stadiums. He considem this to be the best deal in baseball today. It is an excellent opportunity for the City of Anaheim. The importance of a new facility cannot be underestimated. It is vital to the City, to the club and incredibly important to the game of baseball. The atmosphere at the present time is that the old facilities do not support beseball in the way it needs to be done and to operate on a successful basis. The opportunity for the City would be in conjunction with the Disney Company resulting in new facilities as fine as any at the present time. The American League has looked as closely at this deal as any they ever have and are enthusiastically supporting it. It is going to be one of the great successes and will make the City come alive from the standpoint of the City's name being known throughout the country and the world. Dan Young, The Spectrum Group - Sportstown. A year and a half ago, they were invited to submit a proposal and were honored to be selected as the lead consultant along with some world class designers to put together a project on 158 acres the City owns comprising the Stadium and its current parking lot. The idea was to see whether or not they could create for the City a vision for those 158 acres and to create an opportunity for beth the public and private sector to create a partnership that would bring restaurants, hotels and other kinds of entertainment to the sporting venue that existed within the parking lot. The marketplace for Sportstown is one of the best in the world with some of the best demographics and spending power anywhere in America. It is a world-class destination opportunity for something to be created. Mr. Young then explained what impact the MOU adopted by the City Council (on Apdl 3, 1996) has on the vision created for the project beth numerically as well as conceptually. After doing so, he showed how retrofitting the project into the context of the MOU meets every test of the MOU with the ability to build 750,000 sg.ft, of retail, a 150,000 square foot exhibition center and 500 hotel reoms. A significant change is that the one million square feet of office space under the current plan would only be abeut 250,000 sq.ft., but privately-owned lands around the property will pick up that space. The benefits to Spodstown itself is that the City now has the dght to build in the (Stadium) parking lot a magnificent stadium design that will create an icon to market for retailers and hoteliers, a long-term lease with the Angels and the tremendous power in the marketplace of being able to say to retailers their next door tenant is Disney. As part of the deal, the City still owns Sportstown, still owns the development rights and the value of the land in order to realize a return on the investment in the Stadium itself and when trying to deal with football, there is now a private sector piece to put on the table that will be invaluable in their discussions. Bill Sweeney, Finance Director, City of Anaheim - Highlights of the Anaheim Stadium Lease Agreement/The City's Investment in Anaheim Stadium. In his extensive presentation, he briefed the deal points of the proposal and the numbers involved in ten'ns of the Stadium and its performance over the years. In the eady years with just the Angels as tenants, it suffered a series of losses. In looking at the proffi and loss statements for the past 29 years and just simply adding them up and not adjusting for inflation, the bettom line number would be abeut 2.9 million in profits. At the present time, the risk for the operation of the Stadium resides with the City. The General Fund has not received any direct revenue or profit from the Stadium. The exterior revenue at Anaheim Stadium currently goes beck to the Stadium fund and not the City's General Fund. He then also briefed the City's other sources of revenues. 23 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 Mr. Sweeney then gave a recap of the goals of the MOU as follows: (1) assure retention of the Angels in Anaheim under a long-term agreement, (2) accomplish a major overhaul of the Stadium at minimum cost to the City, (3) provide for privatization of the Stadium operations and the shift of the operating dsk, (4) maintain flexibility in the Spo~tstown site development and (5) for the City to recover its investment to the Stadium. Pdncipal Lease Terms: The Stadium will receive a minimum $100 million face lift. Disney is responsible for any costs above that. The renovation is funded $80 million by the team and $20 million by the City. Before, the figures were a $701530 million split. The advertising revenue is like any other source of revenue on the facility site. Therefore, it is truly an 80~20 deal. There are two sources of income which will minimize the risk and not impose any new taxes on the residents of Anaheim. Ten million of the City's $20 million investment will be paid through a bond issuance from excess transient taxes that were originally earmarked for the Arena and are no longer needed. Relative to the other $10 million, they are initially going to draw $10 million from the City's reserves. The City has about $110 million in long-term reserves, not to say it is sitting in a bank with no use, but the obligations are long term in nature. Basically, the City is borrowing $10 million from itself. The financing is being handled this way so the City does not have to go out and borrow money in order to minimize costs. Since this is in a Redevelopment Project Area, the Agency is going to repay the $10 million investment over time with interest as soon as the incremental property taxes that are assessed start to be paid. In terms of the improvements to the facility, the team is responsible for all construction work and for the completion of all renovations by the 1999 baseball season and boars the risk of any overruns. The term of the lease is 33 years with a one-time right for the team to cancel after the 20th season. If they do, they are mquirad to pay any remaining debt service on its $80 million investment and also the unamortized portion of the City's $20 million investment. The team also has the option to extend beyond 33 years by nine more years. He also recapped the lease points, the details of Sportstown, operations, revenue sharing, etc. In concluding, he discussed direct and indirect revenues. It is important to keep in mind the indirect revenues such as sales taxes (1% of gross taxable sales), transient occupancy taxes (15% of hotel rental costs). Taking all the direct and indirect revenues and assuming that Sportstown can bo built out in 2004 (a 40-acre development), staff has estimated the City could realize an estimated gross positive on this deal after repayment of all expenses of $72 million with a net present value of $23 million gross (1996 dollars). Scenario No. 2 which staff has also prepared, if there is a 40-acre hotel, office, football stadium boildout by 2004, the City would realize an estimated gross positive of $26 million, an estimated net present value of $1 million gross (1996 dollars). There are many 'what if' scenarios. He personally feels the thresholds in their preformas are conservative. The issue is going to be how conservative and how much money is generated in the future. Mayor Daly then invited the public to speak giving any comments or questions they may have. The following people then spoke either in favor or in opposition giving their comments or posing questions relative to the project on the information presented tonight or in previous meetings. (See minutes of March 12, 1996 and April 3rd, 1996.) Their comments/questions/other input are summarized: Reverend Lou Sheldon, 2737 W. Savoy Place, Anaheim. He is opposed to a vote on the issue a week from tonight. They are for privatization, free enterprise and Disney, but the Council needs to give this proposal a second look in order to get a better deal for the City. 24 CITY OF ANAHEIM, CALIFORNIA - COUNCIL MINUTES MAY 7, 1996 Reed Royalty, Executive Vice President of the Orange County Taxpayer's Association. The association has not taken a position on the issue but he was asked to take a look at the proposal. He finds there is a lot of misinformation going around such as some of what Reverend Sheldon stated in his presentation. He then answered some of the allegations made by Reverend Sheldon relative to the figures presented. Allen Hughes. Until his retirement two years ago, he was employed as Executive Director of the Anaheim Chamber of Commerce for 11 years and involved in the Anaheim business community for more than 35 years. He is speaking in favor of the proposal and gave his reasons why. Jeff Kirsch, 2661 W. Palais, Anaheim. He still has many questions and cencems and a week is not enough time. His major concern is the lack of a corresponding revenue stream. The City has to do financial due diligence to make sure the City is covered. Jeny Jackson. Disney seems to have a problem with football. The deal is good for Disney but bad for Anaheim. He wanted to know who will pay the taxes and what is going to happen to the employees. At this point, Mayor Daly asked Mr. Sweeney to answer questions posed by both Mr. Kirsch and Jackson. Council Member Zemel also posed questions for puq~oses of clarification at this time. Carol Stanley, 235 S. Beach Blvd., Anaheim. Her main concern is the West Anaheim area. The residents are working hard and diligently to clean up and make West Anaheim presentable for businesses to locate there. She is asking that West Anaheim share in the wealth. Greg Winterbottom, Villa Park (Re: Americans with Disability Act - ADA) ADA was not in existence when the stadium was built. He wants to be sure that any renovations to be made to the Stadium will comply with ADA requirements; Mr. Tavares assured Mr. Winterbottom that with any major renovation, it is necessary to bring the facility up to the current ADA code and that will be done. Start Pawiowski, 1423 W. Jeanine, Anaheim. He believes this is a marvelous opportunity for the City and one the City cannot afford to pass up. It will give Anaheim a state-of-the-art stadium that nobody else will have without added risks, problems or taxes. He submitted names of 50 Anaheim business leaders in support of the proposal. Paul Bostwick, 1411 Anaheim Blvd., Anaheim. He has read every paragraph in the MOU. No new taxes are involved. Any new tax would have to be voted on by the people of Anaheim. He elaborated on what he feels are the penef~ to the City in approving the proposal. Charles Ahlers, President, Anaheim/Orange County Visitor and Convention Bureau. The members of his Executive Committee support the deal. They looked at it for a long time. Their industry, which employs 148,000 people in the County, has been on its knees for five years. The name change to Anaheim Angels is a positive. Major league sports are something they can all be proud of. He feels it is a win- win-win deal for their industry. He urged that they move fonvard and make it happen. Leonard Lahtinen, 2731 W. Savoy, Anaheim. Relative to the question raised about the benefits for West Anaheim, he believes there will be a ripple effect for the whole City. It is a deal that will benefit the entire City. A small survey he took personally of people in Anaheim whom he knows and associates with, showe(l that 16 approved, 4 disapproved and 3 had no opinion. Although not a scientific poll, he believes it is valid. Further, since the Chambor supports the proposal, that leads him to believe business is in favor. He encouraged the Council to continue to support the proposal. Ned Snavely, 28411 Fieldbrook, Mission Viejo. He is President of the Orange County Sports Association and General Manager of the Marriott in Anaheim. He is supportive of the proposal. He then challenged a previous speaker who stated that all TOT (Transient Occupancy Tax) goes to Disney. TOT is used to pay debt on the Convention Center, supports marketing efforts of the V&CB, goes to the General Fund, helps fund Police, etc. As a business partner of the tourism segment, they agreed that 1% of the TOT 25 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 should go to buy the land to get the Arena built. Now the recommendation is to direct the excess to the Disney/Anaheim proposal to keep the Angels in Anaheim. As far as he knows, that is the only TOT that goes to anything associated with Disney and he would challenge that as well; Finance Director, Bill Sweeney clarified that he was correct. Chds Van Gorder, President of Anaheim Memorial Medical Center and President of the Anaheim Chamber of Commerce. The Executive Committee of the Chamber voted unanimously to vote in support of the proposal but that TOT not be deferred from the Convention Center expansion. It wants Disney and the City to continue negotiation until they reach an agreement because they do not want to see the Angels leave Anaheim. Clyde Wright, 528 Jeanine, Anaheim - former California Angel player. His main question is what it is going to cost if the Angels leave Anaheim. What will happen to the 26,000 people on average who attend Angels games but more importantly what will they do with the 10,000 kids who am involved with the game. It is important to the youth of Anaheim to keep the Angels in Anaheim. Candy Nutto, Keys Lane, Anaheim. If the question of the El Tore Marine Base and its reuse as an airport was on the ballot, why not this issue. ltv Pickler, 2377 Mall, Anaheim. As a former Council Member, he is speaking in favor. Anaheim has been a great City for the many yearn he has lived here and before. It has become great because of the vision of its pest leaders such as Chadie Pearson, Jack Dutton, A. J. Schutte, Cai Pebley and Rex Coons and many others who were a part of making the Stadium and Convention Center a reality. No other City of Anaheim's size has a major sports team. Disneyland will secure the future of Anaheim Stadium and an expanded Disoeyland itself will b~ng in additional sales tax revenues and more jobs to the City which will help the entire City. George Adams, 3200 E. Frontera (business), residence, Orange Park Acres. He posed questions which were answered by Mr. Rog and Tavares relative to the naming dghts, concessions, etc. At the conclusion of questioning, Mr. Adams stated he felt that if anyone was going to build (improve) a stadium, Disney could do it better than anybody. Tern/Clausen, 602 Westgate, Anaheim. He is present representing Little League Baseball, Distdct 46. He would hate to think of a situation where Orange County is left without a baseball team. The Angels are very supportive of Little League Baseball and have been since 1961. The baseball team has benefited many thousands of children over the past 35 years and he would not like to see them leave. Bennie Hemandez, 2100 S. Lewis, Anaheim. He is present to speak in favor of the stadium agreement as a private citizen and not in his position as a member of the Anaheim City School Board of Administration. He then briefed some of the many things both the Angels and Disney do for the Anaheim community. He feels once this becomes a joint venture (Angels/Disney) there will be double the contribution to the community. Person from the audience (name unknown), member of the Angels Booster Club, 2055 Jeannette, Anaheim. Speaking as a resident, she cannot imagine a 'sweeter marriage" than the Angels and Disney, Otherwise, it would bo a great loss to the City. Ron Kring, 1619 W. Lorraine Way, Anaheim. They want the Angels to stay in Anaheim and the p~roposed improvements to be made to the Stadium. He has not seen a profom3a presenting the best- case, worst-case and expected scenarios; Mr. Sweeney stated that information is available and can be provided to him. Mr. Kring continued, it is not the $20 or $30 million the City is expected to put up today. The City has a multi-million dollar asset in the Stadium. As owners of that asset, the residents of Anaheim deserve a maximized return on that investment and it is the Council's responsibility to make sure that occurs. He feels the current proposal is selling short the financial return. Even if Anaheim does put up $20 or $30 26 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 million and retains some future revenue streams, the deal still looks good for Disney. He urged reconsideration of the proposal and to put it together in a fashion that makes sense for the residents of Anaheim. Andrea Manes, 1475 W. Wedgewood, Anaheim. She is pleased that Disney is interested in investing in the Angels and Anaheim. She is in support. Jack Lindquist, 95 Linda Isle, Newport Beach (former President of Disneyland). He commended the Council on the presentation tonight. Many questions have been answered for him. The question is, if the Disney deal does not happen, can they guarantee the many citizens of Anaheim and Orange County that they will have major league baseball in 1997. His concern at this time is that major league baseball stays in Orange County. If they lose it, they are not going to get it back. Bill Krebbe, 996 Sire Place, Anaheim. He posed a series of questions relative to the Arena (Pond) and if it was making money, if the new stadiums were turning a profit without taxes supporting them, questions relative to pay-per-view, etc. which were answered by Messrs. Sweeney, Rog, Tavares and Ruth. Additional questions were then posed by Jeff Kirsch and Leonard Lahtinen relative to the specifics of the agreement. Bart)are Holden, 704 S. Fender St., Anaheim. Since baseball is seasonal, she asked if the stadium would be available for any other events and also would the deal guarantee a winning team. Mr. Tavares stated the Stadium will be operated much the way it is now on an open booking basis as in the past where there will be soccer events, special events, religious rallies, etc. They also intend to field a competitive team and will put together a five-year business plan in that regard. Mayor Daly. Public input is concluded at this time. Council Member Tom Tait. He assumes the Council will have the opportunity to give their comments when the matter is voted on. He has a scheduled tdp out of the country next week and is asking the professional courtesy of the Council to not schedule a vote on this matter until May 21, 1996. If it must be on May 14, he will ceocel his tdp although it is one that has been long planned. MOTION. Council Member Tait moved that the Council not schedule a final vote on the stadium lease agreement until May 21, 1996 instead of May 14, 1996. Council Member Zemel seconded the motion for purposes of discussion. Council Member Zemel. He feels it is a good idea. It will allow the public to hear Council Member cencems and questions as well. He has a number of questions for Mr. Sweeney after hearing his presentation tonight. He thinks the public also desert/es to hear what Council Member Tait's questions might be. He will support a continuance to the 21st of May. Speaking to Mr. Tavares, at the Press Conference on April 3, 1996, he heard the 17th of May was a deadline. The 21st is only 96 hours longer. He is hoping Mr. Tavares can give some input and lend support so that Council Member' Tait does not have to tatum to the country. Mr. Tavares. It is not something he can unilaterally agree to. They are a buyer in this case and not a seller and the seller has imposed a closing deadline. The question is better asked of Jackie Autry. They have a legal obligation to either cioso on that date or pass. Council Member Tait. He did not mean for the issue to be debated. If need be, he will be back on the 14th of May or he may just not go on the trip. Mayor Daly. Items are placed on the agenda by the City Manager when they are ready for a vote by the Council. That is his position. The City Charter lays out the process. The issue has been on the agenda one time previously and there has been one public vote as well. There will be a series of votes that must 27 CITY OF ANAHEIM CALIFORNIA - COUNCIL MINUTES MAY 1996 be taken to implement the MOU already voted on. It is up to the City Manager to bring those matters forward when they are ready to be voted on. If for some reason when those matters are brought forward and placed on the agenda there is a desire to continue the matter, the decision can be made at that time. To anticipate in advance things that may change is not wise. He is speaking against the motion. Council Member Lopez. Although he sympathizes with Council Member Tait, he has been in the same position in other offices he has held and had to cancel plans. He agrees with the Mayor, the City Manager brings items to the Council every week in a timely fashion for the Council's decision. He would not support continuing the matter any further. If the City Manager brings this to the Council on May 14th, that is when action should be taken. Council Member Tait again apologized for having to bring the matter forward which it was necessary to do under the provisions of the Brown Act. A vote was then taken on the motion by Council Member Tait to delay any actions to be taken on this matter to May 21, 1996. AYES: Zemel, Tait NO: Feldhaus, Lopez, Daly. MOTION FAILED TO CARRY. ADJOURNMENT: By general Council consent, the City Council Meeting of May 7, 1996 was adjourned. (11:25 P.M.) LEONORA N. $OHL CITY CLERK 28