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1995/03/07City Rall, Anahe4~, C~lifo~nia - COUNCIL MINI~S - NARCR 7, 1995 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT= PRESENT= ABSENT= PRESENT= MAYOR: Daly COUNCIL MEMBERS= Tait, Zemel, Lopez, Feldhaus COUNCIL MEMBERS: None CITY MANAGER= James Ruth CITY ATTORNEY= Jack White CITY CLERK: Leonora N. Sohl ASSISTANT CITY CLERK= Ann M. Sauvageau UTILITIES GENERAL MANAGER: Edward Aghjayan CIVIL ENGINEER-DEVELOPMENT SERVICES= Natalie Meeks A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 10:45 a.m. on March 3, 1995 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the workshop portion of the meeting of March 7, 1995 to order at 3=13 p.m. City Manager James Ruth. The presentation today will focus on telecommunications policy, issues and opportunities. He then introduced Mr. Ed Aghjayan. 175~ TELECOMMUNICATIONS POLICY. ISSUES AND OPPORTUNITIES~ Mr. Ed Aghjayan, Public Utilities General Manager. Much of the presentation today is a repeat of the presentation made to the Policy Advisory Committee. Some is new. It is important to bring the Council up to speed on what has been happening and what the next steps are. The project started as a result of the Public Utilities Department looking at the already approved installation of 50 miles of fiber optic cable throughout the City. This is under construction at the present time and is approximately 35 to 40% complete. It is a $6 million, 50 mile loop of 96 fibers throughout the City. The purpose of the loop is for controlling the electric substations, their switching and control equipment to make sure they can operate the City's electric system. They realize with fiber optics, there is tremendous excess capacity in the fiber loop in terms of leasing that out or in some way engaging in an economic partnership to be able to bring additional revenue into the City. Mr. Aghjayan's presentation was supplemented by slides (25), hard copies of which were provided to each Council Member. (See packet entitled, City of Anaheim - Telecommunications Opportunities - March 7, 1995 - City Council Workshop - made a part of the record.) He briefed the following= Digital Telecom~unicati0ng System - Fiber Optics Route (map provided), Guiding Principles which were adopted by the City Council on July, 1994, and the Summary of Staff Reconunendations (5). The remainder of the presentation was an in-depth briefing of the five recommendations - 1) Established Infrastructure Policy, 2) Upgrade and Expand City's Internal Telecommunications System, 3) Pursue Public/Private Partnerships, 4) Revise Telecommunications Fees to Fairly and Adequately Compensate City, 5) Establish Telecommunications Public Access and Utilization Committee. In concluding, he outlined the next steps to be taken, the first being to present an RFP (Request for Proposal) and guidelines for infrastructure policy to the Telecommunications Policy Advisory Committee for review (March, 1995) and 119 City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 7, 1995 - 5=00 P.M. subsequently to issue the RFP in the fourth quarter of Fiscal Year 1994-95. Mr. Aghjayan's presentation was followed by questions from the Mayor and Council Members revolving around the role the City would play in a public/private partnership with regard to telecommunications, fee schedules, what the RFP will encompass, time frames, benefits to the City, the possibility that there will be a second stage RFP process, etc. It was also determined by a general Council consensus that the RFP that will come out of the Policy Advisory Committee will be reviewed by the Council before it goes out to the approximate 300 companies, most of which are located in California and that it will be scheduled on a future Council agenda (approximately three weeks) as a Consent Calendar item. REOUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session noting first that there are 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 LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a} - EXISTING LITIGATION: Name of case: In re= County of Orange, Debtor, U.S. Bankruptcy Court, Central District Case No. SA 94-22272; and In re: Orange County Investment Pools, U.S. Bankruptcy Court, Central District No. SA 94-22273. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION $4956.9(a} - EX~ST~NG LITIGATION~ Name of case: Anaheim Stadium Associates v. City of Anaheim, Orange County Superior Court Case No. 44-81-74. ~IABILITY CLAIMS= Claimant= Eugene Hubbard Agency claimed against= City of Anaheim LIABILITY CLAIMS= Claimant= Constantina Estele Pando De Saroli Agency claimed against= City of Anaheim CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED L~TIGATION: Initiation of litigation pursuant to Subdivision (c) o£ Section 54956.9= one potential case. Existing facts and circumstances: RECESS: Mayor Daly moved to recessed into Closed Session. Council Member Zemel seconded the motion. MOTION CARRIED. (3:55 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. (5:26 p.m.). INVOCATION= Reverend Ford R. Miller, West Anaheim United Methodist, gave the invocation. 120 City Hall. ~n~heim, Cali~oFn£a - ¢OTJ'H¢IL MINUTES - MARCH 7r 1995 - St00 P.H, FLAG SALUTE= Council Member Bob Zemel led the assembly in the Pledge of Allegiance to the Flag. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $3,413,987.89 for the period ending March 3, 1995, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Housing Authority meetings. (5=31 p.m.) Mayor Daly reconvened the City Council meeting. (5=33 p.m.) ADDITIONS TO THE AGENDA~ There were no additions to agenda items. ITEMS OF PUBLIC INTEREST= The following ~eople then spoke on the Eli Home which was previously approved under Conditional Use Permit No. 3680 (see minutes of September 27, 1994) soon to commence operations. At the meeting of February 28, 1995, the Eli Home requested an encroachment permit as did the Rancho Del Rio Homeowners Association (see minutes of February 28, 1995, item A4) but both requests were subsequently withdrawn by each of the entities. Speakers tonight were present to refute allegations made against Eli Home and its operators at the last meeting. Their comments are sun~aarized. Mike Edmiston, speaking on behalf of the Eli Home Board of Directors, 140 Imperial Highway, Anaheim. The Board is outraged that the Council allowed Mr. Gene Secrest and a private investigator to use the Council meeting to discredit and attack the Galloways (operators of Eli Home) personally. They recognize Council Members Feldhaus and Tait for their repeated efforts to focus the discussion on land use. Council Member Lopez suggested that an investigation be launched. The Council must recognize the point where opposition ceases and personal attack begins. They can allow full participation and free speech while protecting the rights of applicants to a fair hearing of their requests. The Galloways did not ask for a land encroachment, the Eli Board of Directors did. Richard McFarland. Speaking on behalf of the Board of Directors of Eli Home. He is correcting false perceptions that may have been created at last weeks meeting relative to the Eli Home. The vast majority of so called evidence presented related to the Eli Ministries which is no longer in existence. He also explained the relationship the Eli Home had with Barbara Mendzer, a former Eli Home landlord, and submitted a copy of letter dated September 1, 1994 which was submitted when Mrs. Mendzer s~oke on behalf of Eli Home at the Planning Commission meeting. Klm White, 744 Fairway Lane, Anaheim. She could not believe what was allowed to go on at last weeks meeting. She asked if they are to assume that anyone who goes before the Council for an encroachment license or a permit is going to be subject to personal and public ridicule with no regard to the truth or relevant to the matter. She then gave some background on the Galloways and on the good things they have done. Vicki Dedic, 1775 S. Tucker Way. She is outraged at what occurred at the last meeting. She has been a volunteer for Eli Home for four years and has personally come to know and respect Lori and Michael Galloway as individuals. They have done whatever they have had to do to keep the organization going. She is concerned that the Eli Home was compared with the church that had spread all over downtown Anaheim. 121 City Hall. Anahe~us, Cali~orn£a - COUNCIL MINUTES - MARCH ?f 1995 - 5:00 P.M. Sheila Herrel, 256 Calls Diaz, Anaheim. She first presented an article from the Wall Street Journal dated August 8, 1994 entitled, Free Housing Yes, Free Speech No, made a part of the record, having to do with residents under investigation by HUD for opposing a planned homeless housing project. She also read excerpts from the article and urged the Council to read it because it might pertain to the subject and HUD might be interested. She then expressed her concern over what she termed character assassination that was allowed at the last Council meeting. Also, comparing the Eli Home with the Set Free Ministry ie totally inaccurate and false. The Galloways deserve an apology. Council Member Zemel. He is not going to speak to the issue because he has a conflict but he has years of awareness and ongoing activities that have been associated with the Galloways and Eli Home. Anaheim should have more community leaders like the Galloways and more organizations like the Eli Home. Sharon Ericson, Jeff Kirsch and Marilyn Hauk were present to speak on specific agenda items but also commented on the Eli Home matter. Their comments are summarized as follows= Sharon Ericson, 6401 E. Knoll Ranch Road, Anaheim. She defended what Council Member Lopez said last week noting that he repeated that he was not against the Eli Home but since allegations were presented, that those should be checked out. She is also not against the Eli Home but when such allegations are made, they need to be investigated. She does not know why the Eli people are so upset. She would like to see the Galloways defend themselves. Jeff Kirsch, 2661 w. Palais, Anaheim. He did not intend to speak relative to the Eli Home, however, he feels there is something to be said for investigating matters brought to their attention citing examples where the City had to absorb losses as a result of failed business dealings. Marilyn Hauk, Camino Cotter, Anaheim. Relative to the Eli Home, she applauded both Council Member Lopez and Mayor Daly for their stand last week. If the issues raised are false, the Eli Home has nothing to be concerned about but if true, the Council needs to do whatever is necessary to protect the City. Candy Nunno, 2655 Keyes Lane, Anaheim. She appreciates the Eli Home and their work to prevent and stop child abuse. However, she does not favor personally insulting civic authority. She would like to know if there is any way not to allow any kind of verbal insult in a public platform. Mayor Daly. Relative to the Eli Home and the expressed concern about the way in which the discussion proceeded last week, it was not a public hearing. If there was a feeling that speakers were allowed to become personal and that was somehow out of order, he respects that. If there is a question whether to allow people to speak or not, he generally allows them to speak and that goes for everyone. There are many outrageous things that are said at the podium but it does not mean they are sanctioned. He cannot control what comes out of someone's mouth and had he known in advance what was going to be said, he might have done so. The issue was an encroachment for use of public right-of-way and most of what was said had no bearing on that at all. He did 122 C£ty Ha~lf ~--heimr california - COUNCIL MINUTES - MARCH 7r 1995 - 5:00 P.M. cast the third and deciding vote to give a CUP to the Eli Home to operate at the requested location (see minutes of September 27, 1994). He tried to be fair and listened to both sides. Later in the meeting, under Council Comments, Council Member Lopez thanked the people who gave a clarification of his conanents last week relative to the Eli Home. He was not picking on anyone. He feels they do have to look into allegations and that the Eli Home would want those cleared up so they would not have their reputation tarnished in this City. Pavel Goberman. He briefed a physical fitness program he offers which he feels would be beneficial for the City called, "Get Energized~". He submitted some material for the Council to review. PUBLIC COMMENTS - AGENDA ITEMS= Public input received on Items Al0 and A12 (see discussion under those items). MOTION= Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of March 7, 1995. Council Member Feldhaus seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR= On motion by Mayor Daly, seconded by Council Member Zemel, 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. 95R-35 and 95R-36 for adoption and offered Ordinance Nos. 5483 and 5485 for introduction. 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 Shirley C. Berry for property damage sustained purportedly due to actions of the City on or about December 8, 1994. b. Claim submitted by Elizabeth Facio for property damage sustained purportedly due to actions of the City on or about January 29, 1995. c. Claim submitted by Michael Lou for property damage sustained purportedly due to actions of the City on or about January 25, 1995. d. Claim submitted by Hondo Company, Inc., for property damage sustained purportedly due to actions of the City on or about March 23, 1994. e. Claim submitted by Edmund P. Werner for property damage sustained purportedly due to actions of the City on or about November 17, 1994. f. Claim submitted by Sheldon A. Rubin for property damage and bodily injury sustained purportedly due to actions of the City on or about December 26, 1994. 123 City Rallt Anaheimt California - COUNCIL MINUTES - MARCH 7, 1995 - 5~00 P.M. g. Claim submitted by Hiep La, c/o Shirley L. Buckley, esq., for bodily injury sustained purportedly due to actions of the City on or about August 20, 1994. h. Claim submitted by Emma P. Estrella, c/o Elva C. Wallace, esq., for bodily injury sustained purportedly due to actions of the City on or about October 4, 1994. i. Claim submitted by Constantina Estele Pando De Saroli, c/o Paul Bershin, esq., for bodily injury sustained purportedly due to actions of the City on or about August 11, 1994. J. Claim submitted by Michael P. Rubinstein, M.D., for property damage sustained purportedly due to actions of the City on or about January 25, 1994. k. Claim submitted by Jorge Pineda for property damage sustained purportedly due to actions of the City on or about January 29, 1995. 1. Claim submitted by Mark O. Mazur for property damage sustained purportedly due to actions of the City on or about January 17, 1995. m. Claim submitted by E. Geraldine Goettsche for property damage sustained purportedly due to actions of the City on or about January 19, 1995. A2. 105: Receiving and filing minutes of the Anaheim Park and Recreation Commission meeting held January 25, 1995. 140= Receiving and filing the Anaheim Public Library Monthly Statistical Report for January, 1995. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held January 25, 1995. A3. 117: Receiving and filing a Summary of Investment Transactions for January, 1995, as submitted by the City Treasurer. A4. 160: Accepting the bids of Arbor Nursery and A.Y. Nursery, in a total aggregate amount not-to-exceed $49,000 for oneyear beginning March, 1995, for trees as required for the Urban Forestry and Tree Power programs, in accordance with Bid $5357. A5. 160: Accepting the bid of J.H. Baxter & Co., in an amount not to exceed $87,370 for twelve different sizes of wooden utility poles, as required, for the period of one year beginning April 1, 1995, through March 31, 1996, in accordance with Bid $5361 as publicly advertised. A6. 160: Accepting the bid of Zero Temp, Inc., in the amount of $25,640.01 for the property/evidence freezer expansion, Anaheim Police Department in accordance with Bid $5365. A7. 107: ORDINANCE NO. 5483 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.20.010, 7.20.020, 7.20.030 AND SECTION 7.20.040, AND REPEALING SECTIONS 7.20.090, 7.20.100, 7.20.110 AND 7.20.120, OF CHAPTER 7.20 OF TITLE 7, AND AMENDING SECTION 4.14.040 OF, AND ADDING NEW SECTION 4.14.100 TO CHAPTER 4.14 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO 124 Ci't¥ Rall~ Anaheim~ Cal£forn£a - COI~ICIL MIN't,~S - MARCH 7~ 1995 - 5:00 P.M. GAMBLING AND AMUSEMENT DEVICES. 1995.) (Revised from the meeting of February 28, A8. 113: RESOLUTION NO. 95R-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Budget and Audit Division.) Ag. 153: RESOLUTION NO. 95R-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE GENERAL TRUCK DRIVERS UNION, LOCAL 952 AND THE CITY OF ANAHEIM. (To extend the current Memorandum Of Understanding between the General Truck Drivers Union, Local 952 and the City through February 1, 1996.) Al0. 153: RESOLUTION NO. - .... = Extending the period of eligibility for severance pay. (To extend the provisions of Resolution No. 91R-112 from December 31, 1994 through June 30, 1995.) Marilyn Hauk, President, Anaheim Municipal Employees Association. She is glad to see the severance pay issue back on the agenda. It is a program that has worked well since 1991. She notes that the resolution states the program will terminate on June 30, 1995 and that the City Council reserves the right to revoke it at any time at their sole discretion. She hopes the intent is not to do away with the program. Normally the program carries through to December. The June 30th date concerns her only in that she hopes the intent is not to do away with the program. Many of the people who have lost their jobs are employees who have worked for the City five years or less and the severance has amounted to one months pay. Council Member Zemel. He had spoken to the City Manager on this matter and thought he understood it. However, in listening to Mrs. Hauk who stated it benefitted employees with a tenure of five years or less, he does not understand it. He was prepared to vote for it but now needs more time. City Manager Ruth. As the City has gone through the budget crisis in the last four to five years, they have tried to provide an incentive for employees to leave City service early. If they do so, the City does not back fill the position but it is abolished. As an inducement, if an employee has worked for the City up to five years, they receive one months severance pay. For each year thereafter, they get an additional month up to a maximum of six months severance pay. The position is then abolished thus giving long-term savings. It is an incentive to downsize the organization and provide a "soft landing" for the employee. Council Member Zemel. He thought it involved long-term employees. He would like to see numbers and how it compares with the private sector. Council Member Lopez. He feels the proposal is a good incentive. They did the same when he was on the school board and the policy helped them to balance their budget. MOTION: Council Member Zemel moved to continue item Al0 for one week, Council Member Tait seconded the motion. MOTION CARRIED. All. 153: Authorizing full-time City of Anaheim Employees to participate in a one-time accrued vacation buy-out to provide a cash donation to an employee of the Public Works/Engineering Department who is disabled. 125 C£t¥ Ea11~ P. naheim~ Cali~or~_~ - COUNCIl, MIWu'TES - ~RCll 7~ 1995 - 5:00 P.M. A12. 105: ORDINANCE NO. 5485 - INTRODUCTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.04.997 OF CHAPTER 1.04 OF TITLE i OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE BUDGET ADVISORY COMMISSION. Sharon Ericson, 6401 E. Knoll Ranch Road, Anaheim. She would like to know why the Council has decided to decrease the size of the Commission. She questioned if this was a different form of the old "purging" of Commissions after a City Council election. She favors members of the Commission being Anaheim residents. Jeff Kirsch, 2661 W. Palais, Anaheim. He hopes the Council will reconsider this action and dismiss it. He is concerned about declining opportunities for volunteer involvement in Anaheim. He is not sure that reducing the number from ten to seven would structurally streamline the Commission. They need more diversity of opinions. If there are any changes required, he would like to see that the members of the Commission are Anaheim residents and not a change in the number. Marilyn Hauk, Camino Cotter, Anaheim. The members of the Commission should be Anaheim residents whether they are businessmen or not. She explained why being an Anaheim resident was critical. Mayor Daly. He noted that the current ordinance requires at least 50% of the ten member Budget Advisory Commission (BAC) be Anaheim residents. He asked what the proposed ordinance would do. City Attorney White. It would increase the ratio of Anaheim residents to four of seven members as opposed to five of ten currently. On the current Commission, seven of the ten members are Anaheim residents. Council Member Lopez. He feels in reducing the size, all seven members should be Anaheim residents. Council Member Feldhaus. Perhaps this is another matter that should be continued. He also has a question in his mind after hearing some of the testimony'given tonight. City Manager Ruth. He announced that the Chairman of the BAC called and asked if they could have the liberty of commenting on the ordinance before the Council. Council Member Tait. If they give a little room for non-residents, it gives the Council flexibility especially if there is an outstanding non-resident. The ultimate decision is the Council's. Mayor Daly. There ie no requirement that a non-ree£dent be required to serve. Council Member Zemel. The Council is embarking on giving this newly made up commission new direction and will be asking them to seek out issues that are important to the new Council. To limit it to Anaheim residents only, since this is a financial issue, could possible preclude some of the finest business minds that operate and provide employment in the City. He does not feel they should eliminate that kind of input. He agrees with Council Member Tait if they found seven ideal budget, comm[ssioners who live in the City and have the qualifications, that would be fine but, if not, they allow themselves the flexibility not to make a mistake. 126 City Hallr Anah~mr California -COUNCZL MINUTES - MARCH 7r 1995 - 5:00 P.M. Council Member Feldhaus. He still believes members of the Commission should have a vested interest in the community. Council Member Lopez. He feels they should live in the City. If they happen to be Anaheim business people who also live in the City that is a plus. Mayor Daly. There is nothing that would prevent all seven commissioners being Anaheim residents. The ordinance is drafted to give the flexibility of appointing someone who is not. He feels it is timely to revisit the Council's intention for the work product of the Commission. There is nothing unreasonable about seven members and most of the Boards and Commissions are five or seven members. Council Member Lopez makes a good point. The goal should be to have as many Anaheim residents as possible. They can fine tune the ordinance next week if they wish to do so. He is going to offer the ordinance in order to move forward, the major points being reducing the Commission from ten members to seven and that the percentage of Anaheim residents would increase slightly. Mayor D&ly also noted the staff report mentioned the possibility of vacating all seats on the Commission and reinstituting it as a seven-member body. They should make it clear to the Budget Commissioners regardless of which avenue is chosen to reduce the size, he would like to see those Commissioners still interested in serving have the ability to reapply. City Attorney White. He did not believe it was the Council's intention to vacate all the seats and reinstitute the commission but it gave the Council two ways to reduce the size, one being to vacate the Commission and reappoint seven of the Commissioners. He then explained why he included vacating the seats as a viable option basically having to do with uniformity of terms. The ordinance will be on the Council agenda of March 14, 1995 for adoption. Al3. 114: Approving minutes of the Anaheim City Council meeting held February 14, 1995. Roll ¢all Vote on Resolution Nos. 95R-35 and 95R-36 for &doDtion= AYES: NOES= ABSENT: MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS= MAYOR/COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution Nos. 95R-35 and 95R-36 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. BOARD AND COMMISSION ITEM: Al4. 105: APPOINTMENT TO FILL THE PLANNING COMMISSION VACANCY: Appointment to the Planning Commission to fill the vacancy of Tom Tait (term expires June 30, 1996). Mayor Daly. The Council just received at least four applications from persons interested in being appointed to the Planning Commission. He would like the matter continued one week to give the Council an opportunity to review the applications and any others that might be received. '127 Citv Hall. Anaheim, California - COUNCIL MINUTES - MARCH 7. 1995 - 5 :00 P.M. MOTION: Mayor Daly moved to continue the appointment to fill the Planning Commission vacancy for one week. Council Member Tait seconded the motion. MOTION CARRIED. B1. /B2. 179: ORDINANCE NOS. 5482 AND 5484 FOR ADOPTION: Ordinance No. 5482 for adoption, amending Title 18 to rezone property under Reclassification No. 94 -95 -01 located at 2144 West Lincoln Avenue from the CL and PD -C zones to the RM -3000 zone. (Introduced at the meeting of February 14, 1995 and continued from the meeting of February 28, 1995); and Ordinance No. 5484 for adoption, amending Title 18 to rezone property under Reclassification No. 94 -95 -04 located at 3080 East La Palma (Texaco Service Station) from the RS -A- 43,000 zone to the ML zone. (Introduced at the meeting of February 28, 1995.) Mayor Daly offered Ordinance Nos. 5482 and 5484 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5482: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 94 -95 -01 located at 2144 West Lincoln Avenue from the CL and PD -C zones to the RM -3000 zone.) ORDINANCE NO. 5484: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Reclassification No. 94 -95 -04 located at 3080 East La Palma {Texaco Service Station} from the RS -A- 43,000 zone to the ML zone.) Roll Call Vote on Ordinance No. 5482 for adoption: AYES: MAYOR /COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5482 duly passed and adopted. Roll Call Vote on Ordinance No. 5484 for adoption: AYES: MAYOR /COUNCIL MEMBERS: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None ABSTAINED: MAYOR /COUNCIL MEMBERS: Tait The Mayor declared Ordinance No. 5484 duly passed and adopted. Council Member Tait abstained on Ordinance No. 5484 due to a conflict which he explained at the meeting of February 28, 1995. D1. 176: PUBLIC HEARING - ABANDONMENT NO. 92 -8A: In accordance with application filed by Saint Boniface Church, a public hearing was held on proposed abandonment of certain public streets, highways and service easements - portions of Chartres Street and Janns Street located generally north of Lincoln Avenue between Harbor Boulevard and Resh Street, pursuant to Resolution No. 95R -22 adopted at the meeting of February 7, 1995 and duly published in the North Orange County News and notices thereof posted in accordance with law. 128 C~tv Hallr ~n~he:Lmr Cal~ornia - COUNCIL MINUTES - MARCH 7, 1995 - 5:00 P.M. Report of the City Engineer dated January 23, 1995 was submitted recommending approval of said abandonment. Natalie Meeks, Civil Engineer, Department of Public Works. She briefed the request for the abandonment submitted by Saint Boniface Church (see staff report dated January 23, 1995). She also answered questions posed by the Mayor relative to some of the specifics of the proposed abandonment. City Attorney White explained for Council Member Lopez that there was no requirement to do a survey of the surrounding residents relative to the abandonment. The law requires as part of the resolution of abandonment the Council has to find and determine the street(s) is no longer needed for public purposes. Any testimony at tonight's hearing should relate to whether it is needed or not. A notice of the hearing is published and members of the public are allowed to speak but staff does not do a survey nor is one required by law. The church and Saint Catherine's Military Academy owned the property adjacent to both streets. In exchange, the City is getting dedication of additional right-of-way including some turn pockets on Lincoln Avenue. Natalie Meeks. The exhibit in the staff report shows the dedication the church is making which will give the City right-of-way providing better access on Lincoln. After additional discussion between Ms. Meeks and Mayor Daly relative to the aesthetics of the closure at both Harbor and Lincoln, the Mayor emphasized that it is important that it is done as well as possible so that it looks consistent with the existing street scape. Mayor Daly opened the public hearing and asked if anyone wished to speak either in favor or in opposition. Mr. Steve Hager, Truxaw& Associates, 721 N. Euclid, Anaheim. He is present in support of the abandonment. His firm has been working with both Saint Boniface and Saint Catherine's Military School to facilitate the abandonment as well as with City staff and various departments. Staff has reviewed it thoroughly and it has met with their support. With regard to the look of the driveway and the gates at the points of closure, gates will be installed that will provide for security and safety of the children. (He showed a rendering to the Council.) It will look very much like the driveway and the gate presently existing at the church parking area along Lincoln Avenue. He also confirmed that the existing former restaurant building at the corner of Janns and Lincoln was recently acquired by the church. There being no further persons who wished to speak, Mayor Daly closed the public hearing. City Attorney White. Even though there is no opposition, he has asked Natalie Meeks to place in the record the analysis done by the Public Works Department as to why the street is not needed for public street purposes since that is a requisite finding the Council must make. Natalie Meeks. These streets have very low traffic counts and are mainly used by the church and school. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly, seconded by Council Member Zemel, the City Council finds that the proposed 129 City Hall. Anaheim, CaliHorn£a - COUNCIL MINUTES - MARCH ?r 1995 - 5~00 P.M. activity falls within the definition of Section 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 No. 95R-37 for adoption, approving Abandonment No. 92-8A, in accordance with staff report dated January 23, 1995 from the Director of Publics & City Engineer. Refer to Resolution Book. RESOLUTION NO. 95R-37~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 92-8A. Roll Call Vote on Resolut£on No. 95R-37 for adoutiog~ AYES: NOES: ABSENT: COUNCIL HEMBERS~ COUNCIL MEMBERS= COUNCIL MEMBERS= Tait, Lopez, Zemel, Feldhaus, Daly None None The Mayor declared Resolution No. 95R-37 duly passed and adopted. Cl. COUNCIL COMMENTS: 114~ 100th ANNIVERSARY OF ELECTRIC POWER IN ANAHEIM~ Mayor Daly announced that an exhibit opened today at the Anaheim Museum - Anaheim Lighting the Way - co~memorat£ng 100 years of electric power in Anaheim. A reception is going to be held this evening. He stopped by the exhibit this afternoon. It is very well done and continues through early June. He encouraged all to visit the very informative exhibit. C2. 112~ REPORT ON CLOSED SESSION ACTIONS= City Attorney White reported that the Council by a unanimous vote authorized the filing of a legal action relating to damages occurring to Anaheim Stadium on January 17, 1994. ADJOURNMENT~ By general Council consent, the Council Meeting of March 7, 1995 was adjourned. (7~00 p.m.) LEONORA N. SOHL, CITY CLERK 130